Category Archives: Conservativsm

Government Cannot Be Run Like a Business

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Despite his big-government record as a governor, Mitt Romney has run for president as a conservative who would allow the free market to work. To bolster his credibility, he points to his success as CEO of Bain Capital. Romney led that company to become one of the largest and most successful private equity investment firms in the nation.

Many of his supporters have been able to look past the fact that he consistently raised taxes and pioneered Obamacare in Massachusetts because of this private sector success. They echo Romney’s argument that “the government should be run like a business” and believe that only a proven, successful businessman can do the job.

There are two problems here. The first is that history has already shown that successful businessmen are terrible for the free market whenever they get anywhere near government power. The second is that government cannot ever be run like a business. Its very nature makes that utterly impossible.

Regarding the first problem, one need only study the 19th century. If you don’t like the progressive movement, you can thank the 19th century Republican Party for creating the conditions that led to its birth.

The entire period is a record of big business getting together with government to intervene into the free market. Always under the pretense of protecting consumers, the true purpose of these interventions was limiting or eliminating competition for connected companies.

For example, Republicans wrote and passed the Sherman Anti—Trust Act. Standard Oil’s competitors were unable to deliver similar quality oil at the same price, so they went to the government for help. They successfully broke up a company that at the time the Act was passed had over 300 competitors and had lowered its prices for decades. Why? So that they could survive selling their oil at higher prices.

John D. Rockefeller, founder and chairman of Standard Oil, learned from this experience. Contrary to popular myth, Rockefeller was not a robber baron in the oil business. Like Romney, he had achieved his success honestly in the market through reinvestment, voluntary contracts, and his commitment that ““we are refining oil for the poor man and he must have it cheap and good.”[1]

However, when he got into banking, his strategy was different. Having seen the advantages of having government as a partner, Rockefeller made sure that he was well-represented at the secret meetings held on Jekyll Island to create the Federal Reserve System.

Pitched as a consumer protection against bank instability, it set up a government cartel that controls the money supply, interest rates, and most banking activity in general. Free market economists cite the Federal Reserve System as the chief cause of economic booms and busts, including those that led to the Great Depression and the 2008 housing crisis.

Railroads provide another example. 19th century government-subsidized railroads were plagued by fraud, waste, and recurring bankruptcies, while James J. Hill’s non-subsidized Great Northern Railroad operated profitably. Unable to compete, his subsidized competitors persuaded the government to pass the Interstate Commerce Act of 1887 and the Hepburn Act of 1906. As Thomas Dilorenzo observes, “What these two federal laws did was to outlaw Hill’s price cutting by forcing railroads to charge everyone the same high rates. This was all done in the name of consumer protection, giving it an Orwellian aura.”[2]

Romney’s economic policy as laid out on his issues page continues in the interventionist tradition. According to Romney, “History shows that the United States has moved forward in astonishing ways thanks to national investment in basic research and advanced technology.” He must read the same history books as Barack Obama. True proponents of free markets argue that entrepreneurs have moved the United States forward despite government intervention, not because of it.

Romney makes the distinction of “investing” in basic research rather than “politically favored approaches” to energy solutions. However, basic research is just another investment that should be made by private capital in the hope 0f profits, not by government for “the common good.” The latter is just more of Barack Obama’s collectivism repackaged. It will yield similar results: more bridges to nowhere, bankruptcies, and waste.

Despite the popular conservative misconception, government cannot be run like a business. Government simply does not exist under the same conditions as private firms. It does not receive its money voluntarily from its “customers.” The ability of customers to choose not to buy is the driving force behind all market innovation and efficiency. Private companies are not owned and run by more noble creatures. They are simply under conditions that force them to innovate and control costs in order to survive.

Contrary to the arguments made by Romney, Santorum, and Gingrich, there is only one role for government in a free market economy: to protect private property rights and enforce contracts. Regardless of good intentions, anything else the government does destroys the market. Only Ron Paul understands this. If you truly believe in free markets, he is your choice for president.

Tom Mullen is the author of A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.

[1] Folsom, Burton, Jr. John D. Rockefeller and His Enemies from The Freeman https://www.fee.org/pdf/the-freeman/0805FreemanFolsom.pdf.

[2] Dilorenzo, Thomas How Capitalism Saved America Three Rivers Press New York 2004 pg. 120

Rick Santorum is Unelectable

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Since the beginning of the Republican Presidential Primary race, we have heard that Ron Paul is unelectable. While many conservatives like some of Paul’s ideas on domestic policy, his non-interventionist foreign policy is supposedly a deal-breaker. Even in articles praising Paul on particular issues, reporters have without exception felt compelled to remind us that there is absolutely no chance that Ron Paul will win the Republican nomination for president.  This “unelectable” label has been used exclusively against Paul.

With only four candidates left in the race, the lead has changed hands several times. The current leader is Rick Santorum, fresh off primary wins in Minnesota, Colorado, and Missouri. Since those victories, the media have been trumpeting Santorum as the new frontrunner while completely ignoring the proverbial elephant in the room – Rick Santorum is unelectable.

With a plethora of debates behind us, we have had a chance to get to know the Republican candidates pretty well. All of the Republican candidates except for Ron Paul support some sort of federal government prohibition on gay marriage. Paul actually wants to get even the state governments out of the marriage business, taking the libertarian position that marriage is just a contract like any other. This has visibly upset Santorum, who not only opposes gay marriage but seems completely obsessed with homosexuality in general. Let’s be honest, who doesn’t believe, deep down, that Santorum wouldn’t support making homosexuality illegal again if he thought he could get away with it?

Most Republican voters put the federal budget at or near the top of their priority list as far as their political positions are concerned. Not Rick Santorum. The issues page on his website has the budget thirteenth on the page. What is the number one issue? “Enforcing Laws Against Illegal Pornography,” which Rick says “causes profound brain changes in both children and adults, resulting in widespread negative consequences.” Queue the eerie music because we’re just getting started. Update: Since this article was published, Santorum’s staff has changed the order of the issues on his issue page. He has moved “Enforcing Laws Against Illegal Pornography” to last on the page, moving the federal budget up to 12th by default. Gay marriage now comes in at Number Two.

Number two on his list is “No More Leading from Behind for America,” which is basically the standard Republican Party line that the U.S. military should be deployed in just about every nation on earth. I happen to think that is crazy, but most Republicans don’t. However, number three on the list is gay marriage. So, out of the top three issues listed on his page, pornography and homosexuality are two of them.

To say that Rick is “a little uptight” is a gross understatement. Santorum has stated unequivocally that he believes that the federal government can and should regulate the bedroom. In fact, he has also said that there is no area of life that is beyond the government’s reach. Outside of the few states where evangelicals can allow him to get away with these positions, he simply cannot win. Voters in the more moderate states like New York and California – which control the bulk of the delegates – will find these ideas repugnant.

The media has often supported the “Ron Paul is unelectable” narrative by criticizing his supporters. I’m not sure what the beliefs of some of his supporters have to do with Paul’s fitness for the presidency, but the punditry believes it is a valid line of inquiry.

So, some of Ron Paul’s supporters believe in elaborate conspiracy theories. The most prevalent revolves around quasi-secret organizations like the Bilderbergs and the Trilateral Commission. The theory is that very wealthy families like the Rothschilds and the Rockefellers use these organizations to further a plot to establish a world government. Some people think this theory is “a little kooky.” Not all or even most Paul supporters hold these views, but let’s say that a significant minority do.

Now, let’s consider the views of a significant minority of the evangelicals that support Rick Santorum. They are fierce supporters of the U.S. government’s wars in the Middle East because they believe that if Jewish people do not control the city of Jerusalem, then…wait for it…Jesus will not return to earth during the “end time,” which they also believe will occur any minute now. They are willing to elect leaders who will take America to war based upon this belief, which ranks up there with the “precious bodily fluids” theory from Dr. Strangelove.

I’m not even 100% sure that Santorum doesn’t believe this himself. Someone should ask him. Certainly, there have been much sillier questions put to candidates during the debates. I for one would like to at least get this crossed off the long list of idiotic theories that inform the president.

Regardless of Santorum’s answer to that question, which it is only fair to assume would be “no,” his other positions still nullify any chance of him becoming president. From all reports, Santorum is a decent person and a good father, and there is certainly nothing wrong with having strong religious convictions. However, the vast majority of Americans do not believe that those convictions should be imposed upon other people with the force of law. Rick Santorum does. That alone makes it obvious that Rick Santorum is never going to be president. So why hasn’t the media proclaimed him unelectable as they have Ron Paul?

Tom Mullen is the author of A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.

To the People of Texas: Concerning the Republican Presidential Primary

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It is no accident that so many of the books and movies about the Old West are set in Texas. There is something about Texas that stirs the soul. It is the yearning for freedom.

From before its birth as a republic or a state within this union, Texas has been a place where people have gone to be free. As an isolated state in the Mexican republic, Texas provided a sanctuary for all who wished to live their lives without interference from a distant capital. When the Mexican government attempted to exert centralized, despotic power over your ancestors, they fought with Santa Anna and the federalists. When that general later repudiated liberty and betrayed the Texans, they stood against him and won their freedom again.

Americans have always thought of Texas as an independent state that only reluctantly joined the union, with one foot out the door ever since. It is not that Texans are unpatriotic. On the contrary, Texas is the last place in America where the principle of federalism still seems to live. None doubt that Texas will support and defend her fellow states. However, Americans have always fondly imagined Texas’ stance towards the federal government to be, “Don’t push us too far or we’ll leave. We’re quite capable of taking care of ourselves.”

In an age where centralized power has reached into every aspect of our lives, only Texas exudes a spirit of resistance. When Americans think of a well-armed, independent populace, they invariably think of Texans. If the federal juggernaut is ever to be checked, who better to lead?

The limits on government power have been under attack since the birth of the republic. Now they are all but gone. The government no longer protects your life. It claims the power to kill you without trial. It no longer protects your property, but loots it to fund its failed social programs and foreign adventures. Worst of all, it no longer recognizes your God-given right to liberty. It believes that it can tell Texans what they can eat, what they can drink, how they must run their businesses, what they can and cannot do on their own property, and even what they can think.

Sadly, most Americans have forgotten how abhorrent these ideas are. Many of us like to think that Texans have not forgotten. Have you? You have an opportunity to answer that question during this election year. There is one man running for president that opposes everything that is wrong with America. It is no mistake that he comes from Texas.

For Texas Republicans, every election must bring back the sting of Santa Anna’s betrayal. Republican politicians are elected specifically to cut the size and scope of government. They never do. The Democratic Party openly admits that it seeks to expand government at all levels. At least they are honest. The Republicans claim to oppose that agenda, but have expanded government whenever they have been in power.

This election year is no different. Certainly, Barack Obama makes no promises to shrink the government. He believes that all economic growth originates from some sort of government intervention. He believes that the purpose of government is to redistribute wealth. He opposes the basic ideals that made America great. He makes no secret of this. At least we know where he stands.

It is the Republican candidates that represent the potential for another betrayal. As usual, they say that they intend to cut federal spending and power, but they will not name one specific program that they will cut. None of them, that is, except Ron Paul.

Congressman Paul has stood alone for decades against the unchecked growth of government and is the only candidate committing to cut it. He has already published a budget that cuts $1 trillion from the federal budget during his first year as president. It eliminates five federal departments, not only saving money, but reestablishing the principle that the federal government has no business regulating education, housing, commerce, energy, or “the interior.” These are all powers properly left to the states or to the people. His opponents do not make similar promises because they do not truly believe in these principles.

You may have been told that Ron Paul is “unelectable” because of his foreign policy. What is that policy? It is that only the American people may decide to go to war, through their elected representatives in Congress. Ron Paul insists that no president or general may usurp that power. If war is truly necessary, then there should be a debate in the Congress and a declaration of war. When America followed this constitutional process, we won wars. Since America has abandoned it, we have never really won a war.

We instead send our soldiers to far-off lands with no definition of victory. Their hands are tied with confusing rules of engagement that prevent them from winning and allow the wars to drag on. This benefits those who profit from war, but not those who give their lives or are forced to pay. How much longer will we go on like this? Sixty years later, what is the U.S. military’s mission in Korea and when will it end? Germany? Japan?

Ron Paul will end those missions now and recommit our military to defending this country. Most importantly, if war should comes during his presidency, he will have it properly declared by Congress and will allow our military to win it. Do you truly believe that any of the other candidates will do likewise? Make no mistake, Ron Paul is the only president that will win the next war.

Our nation is on the verge of socio-economic collapse. Every reasonable person recognizes that the federal government is the root of the problem. Who will stand up and oppose it? Every media outlet is arranged against Ron Paul and anyone else that suggests pushing back. Americans are bombarded daily with propaganda supporting the status quo. The Republican Party leadership doesn’t oppose it at all.

Ron Paul is our last hope. A vote for anyone else is a vote for more of what has led us here. Time is running out on the option to reverse course. Courageous people in many states have already cast their votes for liberty in large numbers, but they have not yet given Ron Paul a victory.

You can change that when you hold the Texas Republican Primary. You will have an opportunity to strike a blow for freedom. Texas commands 155 delegates. A Ron Paul win in Texas can prevent another big government elitist from clinching the Republican nomination. Most importantly, it sends a message that a large and prominent state has rejected the unnatural form of government that we have adopted. It says to the federal government what our forefathers once famously said to the British, “This far shall you go and no farther.”

It is the responsibility of every individual to defend his or her own liberty. It is the responsibility of every state government to defend the limits on federal power. Texas cannot do it for the other states, but she can lead by example. The stand against tyranny must begin somewhere. If not in Texas, where else? If even Texas does not resist, who will?

There is a yearning for freedom within every American heart. Ron Paul has reawakened it in millions. The forces of tyranny recognize this and are uniformly aligned against him. They despise freedom and independence. They thrive on dependence and control. One side is going to win. Freedom can only prevail with Texas leading the way. Do not let us down. Give Ron Paul a victory in the Texas Republican primary.

Tom Mullen is the author of A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.

 

What is Your Fair Share?

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“For were the impulses of conscience clear, uniform, and irresistibly obeyed, man would need no other lawgiver; but that not being the case, he finds it necessary to surrender up a part of his property to furnish means for the protection of the rest…”

– Thomas Paine, Common Sense (1776)

There were not many surprises in President Obama’s 2012 state of the union address on Tuesday. He touted what he claims are the accomplishments of his administration and pushed his left-leaning economic agenda. For the president, all economic growth has its roots in some sort of government intervention, including “help financing a new plant, equipment, or training for new workers,” giving “community colleges the resources they need to become community career centers,” or trying to “spur energy innovation with new incentives.” Of course, further expanding a government that already spends about 50% more than it collects in taxes can only be accomplished one way – by collecting a lot more taxes.

To this end, the president resorted to the perennial liberal/progressive mantra that everyone “pay their fair share.” Obama used this term three times during the speech in regard to taxes. As even many of the Republican presidential candidates seem to buy into it, the president was also unable to resist the urge to promote the latest left-wing myth that millionaires like Mitt Romney pay less in taxes than their secretaries. This is complete nonsense, of course, but it is effective in eliciting the appropriate outrage from people who don’t stop to do either some simple math or even a little critical thinking.

For the president, there doesn’t seem to be a ceiling on what anyone’s fair share might be. However, he does have a clearly defined floor. “If you make more than $1 million a year, you should not pay less than 30 percent in taxes.” Exactly why that number is “fair” or even the millionaire’s “share” is somewhat difficult to determine. Neither does Obama answer the question that should logically follow. If you make under $1 million per year, what is your fair share in taxes?

Now, in any other situation where a group of people agrees to pool its money to buy something, this is a very easy question to answer. If you and three friends decide to go in on a large pizza, each of you will pay 1/4 of the cost. Assuming it is a typical pie, it will be cut into eight pieces and each of you will eat two. Thus, everyone has received an equal amount of the pizza and each has paid his fair share of the cost.

Of course, before anyone determines your fair share of the cost, you would be asked if you want pizza in the first place. In all such arrangements between human beings, other than government, you have a choice of whether you want to buy or not. Perhaps you’d like to eat something else. Perhaps you’re not hungry. You can always allow the other three to buy pizza and provide for your own meal yourself.

Not so with government. Not only can the other three take a vote and force you to buy part of this pizza, but they add insult to injury by proclaiming that their vote represented your consent to buy it. With this dubious consent in hand, they then decide what your fair share of the cost of the pizza will be, regardless of how the slices are distributed. If you have acquired too much wealth, even honestly, then you might find yourself paying for 3/4 of the pizza and only getting one slice in return. Once voluntary consent is eliminated and force is put in its place, it becomes difficult to use words like “fair” and “equitable” without committing grave offenses against the language.

Putting that aside for the moment, let’s assume that 315 million people have actually all agreed to constitute a government and pool their money to pay for its services. Before determining what anyone’s fair share of the cost would be, we first have to determine what services the government can offer. It would not make any sense for the government to offer services that only benefit one or two people, because all 315 million are paying. No, the only legitimate services that the government could offer would be those that contributed to the “general welfare.”

This widely abused term is not anywhere near as mysterious as it is made out to be. Promoting the general welfare is offering only those services that benefit every member of society equally. For example, if the government devotes resources to a military establishment to protect the nation’s borders, it is promoting the general welfare. Regardless of how effective the service might be, every member of society within the borders is benefitting equally from it. From the Wall Street financier to the general contractor to the grocery clerk to the homeless man, all are receiving equal protection from foreign invaders. Thus, a defensive military establishment is a service that promotes the general welfare and therefore could be offered fairly under such an arrangement.

Similarly, a system of law enforcement and courts would also promote the general welfare. If the person or property of one member of society were invaded by another, then employees of this agency would investigate the incident, determine if a tort or crime had been committed, and make a determination on what penalty or restitution should be paid by the defendant. This, too, would benefit all members of the society equally. Whether you were a Wall Street financier whose partner had embezzled millions or a taxi driver whose modest home had been burglarized, you are equally protected by laws against theft.

Notice also that the cost of providing these services is the same for each member of society. Obviously, it costs no more for an army to defend the financier from an invading army than it does to defend the taxi driver. The army defends against the invader for all within the borders at one cost. Similarly, it costs no more to provide a police officer, a judge, a jury, etc. for the financier than it does for the taxi driver. The only exception is defense attorney, which is provided for a defendant who cannot afford one, but this is a minute percentage of the entire cost.

In short, any defense of life, liberty, and property, whether from foreign invasion or aggression by another member of society, is a service that benefits the general welfare. It benefits all members of society equally and costs relatively the same to provide to all members of society.

Let us now consider some services that the government offers that do not promote the general welfare. Healthcare is obviously one. First, all members of society do not benefit equally when the govenrment provides healthcare. For example, Medicare only benefits people over 65 yeras of age and disabled people under 65. Not only does the program not benefit all members of society equally, but it actually does not benefit those paying for it at all, while those receiving the benefits (those over 65 and the disabled) do not pay at all. Recall the pizza example. Imagine if you had to pay for a whole pizza that your three friends ate, and then had to pay additional monies to provide for your own meal. Medicare, Medicaid, or other government programs for specific groups are really no different.

In addition, government medical care can never cost the same to provide to all members of society, as security services do. Some people will be sicker than others, either through misfortune or their own lifestyle choices. Some will need surgeries or chemotherapy or other expensive care. Some will need relatively little care. It is not an exaggeration to say that there may be 315 million different costs to provide healthcare to 315 million different people.

Education is another service that does not promote the general welfare. When the govenrment provides education, it is of absolutely no benefit to anyone that is not in school or does not have children in school. Neither does it benefit parents who homeschool their children or enroll them in private schools or childless adults who all must pay for government education. Some of the people who benefit do pay part of the expense, but obviously this does not constitute “fairness.” It is no different than if four friends all paid for 1/4 of the pizza, but two of them ate it all. Certainly, the other two had no “fair share” for any of the pizza at all. As with healthcare, the cost of education is also going to be different for different people. An education in medicine has a different cost than an education in engineering or art.

In looking at the federal government’s budget, one can see that the overwhelming majority of the money spent is not spent for the general welfare. Almost all of it is collected from one group of people and spent for the benefit of others. The only services provided by the federal government that truly promote the general welfare are those that concern defense of the borders and defense of person and property related to interstate commerce. At the state level, only defense of person and property within the state promotes the general welfare. All other services represent a forced redistribution of wealth from one person or group to another. When anyone other than the government engages in a “forced redistribution of wealth,” we call it “armed robbery.”

It should also be noted that even the “Defense” portion of the federal budget largely does not promote the general welfare. Only that portion necessary to defend U.S. citizens from aggression by foreign nations does. Those expenditures related to defending people in other countries or which are unnecessary for security not only do not promote the general welfare, they do not benefit anyone within the United States at all – except for those military contractors and financiers that are fortunate enough to profit from these activities.

There is also frequent confusion about government services commonly referred to as “infrastructure.” It is argued by some that if the government builds a road that is accessible to everyone, it promotes the general welfare. However, this argument does not hold up to scrutiny. If federal money is used to build a light rail system in Florida, it is going to benefit people who live or travel frequently in Florida much more than people who do not. Certainly, a citizen in California or Montana is unlikely to ever even see that railroad, much less benefit from it equally. Who would not agree that his fair share of this railroad is zero?

Even at the local level, a road or a bridge does not benefit every member of society equally. The local businessman whose products are more cheaply transported is going to benefit far more than the occasional traveler that might use the road for convenience. Yet, when the government builds the road, both are forced to pay equally. Furthermore, since the businessman is running heavier vehicles over the road with much greater frequency than the occasional traveler, it costs more in maintenance to provide this service to the businessman than to others. Obviously, the road or bridge does not promote the general welfare even at the local level.

So, what is your fair share in taxes? The answer is that you owe an equal share of those services provided by the government that promote the general welfare. Those services benefit you and everyone else equally. However, examination of any government budget, at the federal, state, or local level demonstrates that these services are now a tiny fraction of overall spending. A quick look at Florida’s budget summary reveals that about 8.7% of government spending promotes the general welfare. That $4.9 million in expense should be born by every citizen of Florida equally. The other $51.4 million does not promote the general welfare and should not be provided by the government at all.

An examination of the federal government’s budget for 2012 yields similar results. Once you subtract services that do no promote the general welfare, like education, healthcare, social security, and that part of the defense budget that is devoted to purposes other than protecting U.S. citizens from foreign aggression, you are left with a tiny fraction of overall spending.

For services that promote the general welfare, there is a finite cost. It does not vary depending upon how productive you are, so your fair share of that cost certainly can’t be a percentage of your income. Logically, the way to determine your fair share is to divide the total cost of services that promote the general welfare by the total population. If you have no dependents, then the quotient is your fair share. If you have dependents, then you simply multiply that quotient by the sum of your dependents and you. When you do the math, you’ll find that your fair share in taxes is a very small amount. As Thomas Paine pointed out, it is that tiny portion of your property necessary “to furnish means for the protection of the rest.” It would be easily paid by even a person of modest income. It would not require an income tax, as history before 1913 demonstrates.

For those services that the government provides to other people, your fair share is zero. However, the government routinely forces some people to pay more than their fair share and allows others to pay nothing at all. It generally collects the most in taxes from people who receive the least in benefits, which is the predictable result of offering services that do not promote the general welfare. Now, President Obama wants some people to pay even more. He and the Congress have the power, but that does not make it right. And please, President Obama, don’t insult our intelligence by calling it “fair.”

Tom Mullen is the author of A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.

America’s Choice: Ron Paul or Unlimited Government

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No matter how acrimonious the Republican primaries get, all of the candidates agree on one thing: Barack Obama must be defeated in November 2012. For 3 of the 4 remaining candidates, that is virtually the only important issue in the Republican primary race. Obama must be defeated and the only issue to resolve in the primaries is who has the best chance of doing so. Only Ron Paul asks the questions that should follow logically: Why is it so important to defeat Obama and what will you do differently from him?

In response, most of the Republicans offer only platitudes. “Obama believes in taking from one person and giving to another. He wants to turn the United States into a European social democracy with a massive welfare state, etc.” I happen to agree on these points with one caveat – the United States already is a European-style social democracy. That boat sailed many decades ago. With a welfare state measured in trillions that dwarfs the entire economies of most nations of the world, the United States is a poster child for social democracy and is now listed 10th on the Index of Economic Freedom.

However, assuming that Barack Obama is supportive of this and the Republican candidates are not, there must be fundamental philosophical differences between them and Obama that would translate into tangible policy differences. However, if one listens closely to what they actually say, none of the Republican candidates actually disagrees with Obama in principle on any single issue or identifies a specific power of the presidency that they would exercise differently – except for Ron Paul.

If Obama really is uniquely terrible as a president, there must be actual things he has done that make him worse than previous presidents. During the 2010 elections, the Tea Party movement focused on Obamacare. The Tea Party-fueled 912 Project was able to draw hundreds of thousands of people to Washington to protest this one program. Yet, with Medicare and Medicaid alone accounting for 1/3 of all healthcare spending in the United States and total government spending likely accounting for over half, why was Obamacare such a fundamental change?  Measured in terms of dollars, Obamacare was rather insignificant as an increase in government involvement in healthcare. If government-provided healthcare is really bad in principle, then opponents of it should object to all of the programs, especially Medicare, which costs about 6 times as much as Obamacare. But they don’t – except for Ron Paul, who has a clearly defined and funded plan to let workers entering the workforce opt out of Medicare.

Of course, there is one aspect of Obamacare that is different in principle and that is the individual mandate. Tea Partiers have made many eloquent speeches about how antithetical to freedom this central plank of Obamacare is. Again, I agree, but do the Republican candidates for president? Romney certainly doesn’t. Romney’s Massachussetts plan that inspired Obamacare is also centered around an individual mandate. Romney openly defends the principle to this day. His problem with Obamacare? That it is administered by the federal government and forced upon all 50 states. While his support for federalism might be admirable, Romney does not recognize any individual right not to be forced to purchase government-approved health insurance. If the state government imposes that obligation, Romney has no objection.

Gingrich doesn’t even object to an individual mandate at the federal level. While Santorum does seem to oppose this aspect of Obamacare, he has already voted for the prescription drug program, which expanded Medicare by as much in dollars as Obamacare costs in total. There is only one candidate that makes any argument or has any tangible plan to get the government out of the healthcare business completely – Ron Paul.

The same can be said for government spending in general. Yes, all of the Republican candidates rail against excessive spending, deficits, and debt. They decry Obama’s unholy deficits and say that they will cut spending and push for a balanced budget amendment to the U.S. Constitution. That’s all fine, but what exactly are they going to cut? This is where those striking differences from Obama start to dissipate. None of the candidates will actually name programs that they will cut beyond infinitesimally small ones like the National Endowment for the Arts – except for Ron Paul. Paul has already published the first budget that he will submit to Congress and it cuts $1 trillion during his first year as president.

This budget not only saves money but indicates the philosophical difference between Ron Paul and the rest of the candidates. By actually assigning funding of zero to the Departments of Education, Commerce, Energy, Housing and Urban Development, and the Interior, Paul makes two philosophical statements that the other candidates do not. The first is that the government should have no role whatsoever in the areas that these departments regulate. They represent areas of life that should be left to voluntary cooperation between free people, not coercive mandates from the government.

The second is that Paul recognizes that these are functions that the government has no legitimate authority to tax individuals to fund. For the rest of the candidates, there is nothing that the government cannot tax people for, as long as it fits in with their plan. They may suggest cutting unsubstantial amounts here or there, but none of them cuts these functions to zero. They all believe that individuals can be taxed to fund government regulation and/or subsidization of all areas of human activity – except for Ron Paul.

All of this is rooted in a fundamental difference between Ron Paul and any other candidate for president in 2012, Republican or Democrat. It concerns the role of government. Only Ron Paul actually uses the words “role of government” in speeches or debates. Why? Because only Ron Paul believes that the role of government in society is limited. You will hear the other Republicans use the terms “small government” or “smaller government,” but rarely, if ever, will you hear them say “limited government.” On this principle, there is no difference at all between Obama, Gingrich, Romney, or Santorum. Santorum has actually said this explicitly (about the 1:20 mark), while the others demonstrate it through their positions on the various issues. Only Ron Paul argues that there are limits on the power of the government. The rest merely argue about how that power should be exercised.

This concept of limited government is so absent from modern American political discourse that it is necessary to define it. If Americans still truly believe that certain rights are inalienable, then there are certain things that the government is simply not allowed to do, not even with the support of a majority vote. In other words, those inalienable rights cannot be voted away, because they do not belong to the majority. They belong to each individual. That is limited government. Only Ron Paul defends it.

Nothing illustrates this better than Ron Paul’s position on what is supposed to be the fundamental principle around which American society is organized, liberty. Ron Paul defends liberty unconditionally while his Republican opponents openly attack it, just as Obama does. Many of them use the term “individual liberty,” but once it comes to specifics they are in lockstep with Obama.

Liberty has a definition and it is not “the ability to do whatever you want.” There is a natural limit to liberty that precedes the government. It is not created by the government. The natural limit of liberty is the equal rights of others. In other words, an individual has the right to do whatever he pleases as long as he does not invade the person, liberty, or justly acquired possessions of others.

This means that the individual might do things that others don’t approve of, like use drugs, watch pornography, or practice a religion that is antithetical to their own. Others are free to disapprove of these activities, but they are not justified in using violence against the people who engage in them – and all laws are backed by the threat of violence. In fact, since these activities do not invade the person, liberty, or property of another person, individuals have an inalienable right to engage in them. Governments at all levels should be powerless to prohibit them. That is, if the society really is organized around liberty. “No man has a natural right to commit aggression against the equal rights of others ,and that is all from which the law ought to restrain him.” That was how the author of the Declaration of Independence defined liberty. You either agree with him or you don’t. There is no middle ground.

At the federal level, the defense of liberty is defined by the first 10 amendments of the U.S. Constitution, popularly called the Bill of Rights. If there is anything of substance that makes America freer – in the real world – than the average banana republic, it is these limits on government power. Yet even on these most basic principles, only Ron Paul takes a stand for liberty. The other Republican candidates agree with Obama that these protections can be sacrificed in the name of security.

Romney stated that he would have signed the NDAA bill which granted the government the power to detain U.S. citizens without due process. In explaining his position, Romney made the ludicrous, counterintuitive argument that Americans have a right to due process unless they commit acts of terrorism. Excuse me, Mitt, due process is the means by which we determine if the suspect committed the crime or not. That is the whole reason for due process – to determine guilt or innocence. Romney doesn’t undestand that or doesn’t care. This should horrify any lucid American.

Newt Gingrich made this same argument in a previous debate in defending the Patriot Act. In fact, he thinks that the powers granted to the federal government in that law should be expanded. Rick Santorum doesn’t substantively disagree. Make no mistake, these are not fine points of law that are being argued here. They are the fundamental constitutional principles that define America as a free country. They are under all-out assault by both the Obama Administration and every Republican presidential candidate except for Ron Paul. That the other candidates get loud cheers in debates when arguing to abolish these constitutional protections of liberty should send a shiver up the spine of every American. Recall the words of the Star Wars character, “So this is how liberty dies, with thunderous applause.” Without exaggerating, it has come to that.

Americans do have a choice in this election, but it is not between Obama and one of the other Republicans. There is no substantive difference there. The true choice is between Ron Paul and unlimited government, which is government under Obama, Romney, Gingrich, or Santorum. That means a government that can tax you for anything it wishes to, can detain and search you without warrant or probable cause, and can send soldiers to arrest you and imprison you indefinitely without legal representation, a hearing, or a trial. It is a government whose power knows no limits, that can forcefully control every area of your life and force you to pay for its domination of the entire globe. Whatever happens in the years ahead, Americans cannot say that they did not have an opportunity to choose liberty over tyranny. This may be their last chance.

Tom Mullen is the author of A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.

 

Earth to Rick Santorum: Libertarians Founded the United States

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Andrew Napolitano recently showed a clip in which Rick Santorum explained his views on libertarianism. His comments are also instructive in understanding his animosity (politically) towards Ron Paul. Santorum said:

“One of the criticisms I make is to what I refer to as more of a Libertarianish right. They have this idea that people should be left alone, be able to do whatever they want to do, government should keep our taxes down and keep our regulations low, that we shouldn’t get involved in the bedroom, we shouldn’t get involved in cultural issues. That is not how traditional conservatives view the world. There is no such society that I am aware of, where we’ve had radical individualism and that it succeeds as a culture.”

As David Boaz pointed out in the interview with Napolitano, Santorum seems to oppose a basic American principle- the right to the pursuit of happiness. I agree with him on this, but there is something even more fundamental here than that. It has to do with the conservative philosophy itself. One of the statements that Santorum makes is true. “That is not how traditional conservatives view the world.”

There is a great disconnect between average Americans who refer to themselves as “conservatives” and the small group of politicians and politically-connected businessman who call themselves likewise. The members of the former group believe in the founding principles of the United States, including the inalienable rights to life, liberty, and the pursuit of happiness. They believe that these rights are endowed by their Creator. In other words, they preexist the government. They are not created by the government. It is the government’s one and only job to protect those rights and when the government fails to protect them and instead violates them, it is the duty of the people to alter or abolish the government.

These inalienable rights are also referred to as “natural rights,” meaning that man possesses them even in the state of nature (the state without government). For Jefferson, whose philosophy was inspired by Locke, the reason that men formed governments was to protect these rights better than they could be protected otherwise.

Locke viewed man as capable of both good and evil. For Locke, man’s natural state was a state of reason, which meant that he respected the rights of other men and observed the natural law of non-aggression. “The state of nature has a law of nature to govern it, which obliges every one: and reason, which is that law, teaches all mankind, who will but consult it, that being all equal and independent, no one ought to harm another in his life, health, liberty, or possessions.”

For Locke and his philosophical heir Jefferson, this natural law of non-aggression was the basis of government power. By prohibiting aggression by one person or group against another, the government would preserve the natural rights to life, liberty, and property. Importantly, repelling aggression was also the limit of government power, for when the government exercised power for any other reason it was committing aggression itself and invading the rights it was meant to protect.

That this was Jefferson’s guiding political principle is clear from his many statements to that effect. In his first inaugural, he argued for,

“…a wise and frugal Government, which shall restrain men from injuring one another, shall leave them otherwise free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has earned. This is the sum of good government, and this is necessary to close the circle of our felicities.”

In a letter to Francis Walker Gilmer in 1816, he wrote, “Our legislators are not sufficiently apprised of the rightful limits of their powers; that their true office is to declare and enforce only our natural rights and duties, and to take none of them from us. No man has a natural right to commit aggression on the equal rights of another; and this is all from which the laws ought to restrain him.”

Even on religious freedom, Jefferson based his position on the non-aggression principle. ““The legitimate powers of government extend to such acts only as are injurious to others. But it does me no injury for my neighbor to say there are twenty gods, or no god. It neither picks my pocket nor breaks my leg.”

The non-aggression principle defines liberty itself as Jefferson understood it. For him, as well as for the likeminded libertarians that led the secession from Great Britain, the word “liberty” as used in the Declaration of Independence had a specific definition. It meant the right to do what one pleases as long as one does not invade the life, liberty, or property of another human being. In other words, each individual was beyond the reach of government power so long as he committed no aggression against anyone else.

These are not conservative ideas. They are libertarian ideas. While Jefferson, Samuel Adams, and the others who espoused this theory may not have called themselves by that name, the basic tenets of their philosophy were the same. Today, the non-aggression axiom remains the fundamental basis for libertarian theory. Ron Paul bases his positions on it, as he said (about the 3:30 mark) when running for president on the Libertarian Party ticket in 1988.

Just as this non-aggression principle serves as the foundation and limit of government power between individuals within society, it is the foundation and limit of government power with respect to other nations. As all nations exist in a state of nature with each other, the natural law of non-aggression is the only one that governs them. As I’ve stated before, the non-aggression principle is the basis for the Declaration of War Power. The purpose of that power is for Congress to debate whether or not the nation in question has actually committed aggression against the United States. If it has, then a state of war exists and military action is justified. If it hasn’t, there is no state of war, no declaration, and no military action is justified. The use of military force in the absence of a state of war (previous aggression by another nation) violates the natural law.

The conservative philosophy rejects all of these ideas. There were conservatives in the 18th century just as there are today and their philosophy hasn’t fundamentally changed, either. The writer that most modern conservatives trace their philosophical ideas to was Edmund Burke. He has this to say about inalienable rights.

“Government is not made in virtue of natural rights, which may and do exist in total independence of it, and exist in much greater clearness and in a much greater degree of abstract perfection; but their abstract perfection is their practical defect. By having a right to everything they want everything. Government is a contrivance of human wisdom to provide for human wants. Men have a right that these wants should be provided for by this wisdom. Among these wants is to be reckoned the want, out of civil society, of a sufficient restraint upon their passions. Society requires not only that the passions of individuals should be subjected, but that even in the mass and body, as well as in the individuals, the inclinations of men should frequently be thwarted, their will controlled, and their passions brought into subjection. This can only be done by a power out of themselves, and not, in the exercise of its function, subject to that will and to those passions which it is its office to bridle and subdue. In this sense the restraints on men, as well as their liberties, are to be reckoned among their rights. But as the liberties and the restrictions vary with times and circumstances and admit to infinite modifications, they cannot be settled upon any abstract rule; and nothing is so foolish as to discuss them upon that principle.”

While modern conservatives like Russell Kirk have pointed to Burke as their philosophical inspiration, one can clearly see that Burke is here merely restating ideas from the true father of modern conservatism, Thomas Hobbes. Hobbes asserted that in the state of nature man had “a right to everything,” even a right to one another’s bodies. Hobbes asserted, as Burke implies here, that man’s passions would always overcome his reason and because of this the state of nature was a state of war of “everyone against everyone.” For Hobbes, as for true conservatives today, man has to give up his natural rights upon entering society and accept those privileges to liberty and property that the government grants him.

For Hobbes, not only did man give up his natural rights upon entering society, but he also had to grant the “sovereign” absolute and undivided power. This was necessary in order to completely dominate man’s natural impulses, which would always lead him to harm his neighbor if they were not checked. This power must literally keep each individual “in awe,” to make him fearful of committing any unlawful act. To secure this absolute power, the sovereign needed control over the economy, which he consolidated through a privileged, wealthy elite. He also needed control over education and even the religious beliefs of the people. No individual could ever be allowed to follow the dictates of his own will, as it would inevitably lead him to harm his neighbor or the commonwealth in general.

On foreign policy, Hobbes also viewed all nations as existing in a state of nature. However, since he viewed the state of nature as equivalent to the state of war, he viewed all nations not under control of the sovereign as de facto enemies. In reading Leviathan, one can almost hear George W. Bush’s famous remark, “You are either with us or with the terrorists.” This is why conservatives support the deployment of troops all over the world. Like Hobbes, they believe that we are in constant danger from any nation that we are not completely dominating with the threat of force.

The reason that conservatism seeks to “conserve” the status quo is because its adherents do not believe that natural rights are inalienable. Upon entering society, man has to give up all of his natural rights, so the only rights that man has in society are those he has been given by government in the past. Thus, if you get rid of the past, you get rid of the rights. While the status quo might not be optimal, the conservative believes that to get rid of the status quo means returning to the awful state of nature, and necessitates reconstructing man’s rights – via government – all over again. Conservatives are always fearful that rights can be lost and never regained – as opposed to libertarians who believe that rights are inalienable.

The conservative tradition in America does not trace back to Thomas Jefferson or the Declaration of Independence. Its tenets are completely incompatible with the basic libertarian philosophy that informed Jefferson and that document. The conservative tradition in America traces back to Alexander Hamilton and the Federalists, who were the conservatives of their day. Hamilton sought to preserve the status quo, which was a central government with absolute power, along with its mercantilist economic system. The only change he sought was that the system be run by Americans rather than the British.

Hamilton was a Hobbesian on every issue, which is why he clashed so stridently with Jefferson. Hamilton also believed that the power of the federal government had to be absolute. Otherwise, the separate states would be in the state of nature with each other and inevitably at war. He often spoke of the “want of power in Congress” leading to the states “being at each other’s throats.” Economically, he wanted a central bank, high protectionist tariffs to enrich domestic manufacturer’s at taxpayer expense, and “internal improvements,” which meant the government using taxpayer money to build what we would today call “infrastructure.” While all of these policies were anti-free market, they served the agenda of securing the loyalty of a wealthy elite to the government. Hamilton went so far as to call the national debt “a national blessing” for the same reason. On foreign policy, Hamilton was an unqualified militarist who sought to lead an army in conquering an American empire, starting with the Western Hemisphere possessions of Spain.

He felt justified in all of these invasions of individual rights and violations of non-aggresion because he believed that what he called “national greatness” (today conservatives call it “American Exceptionalism”) trumped the rights of individuals. For Hamilton, as for conservatives throughout human history, the individual lived to serve the commonwealth, as opposed to the libertarian belief that the commonwealth only existed to serve the individual.

This conservative tradition can be traced throughout American history from the Federalists to the Whigs to the Republican Pary. The Republican Party was born as the party of big government, centralized power, and a mercantilist economy. Ironically, all that history remembers of the Republican Party at its birth in the 1850’s is its opposition to slavery – its one libertarian position – while ignoring its Hobbesian conservatism on all other matters. However, with slavery abolished, the Republican Party retained the rest of its philosophy through the next century and right up to the present day. One can hear it rehashed in any 2012 Republican presidential primary debate.

Today, conservative American voters wonder why the Republican politicians that they elect never seem to make the government smaller or less intrusive. They refer to elected Republicans who consistently grow the size and power of the government as “RINOS” (Republicans In Name Only). They believe these politicians are not “true conservatives,” because while they may belong to the Republican Party, they do not adhere to the principles of an underlying conservative philosophy that they imagine to exist. They are wrong. Newt Gingrich, Rick Santorum, George Bush, and the rest of the establishment Republicans are the true conservatives. The American voters identifying themselves as conservatives are really libertarians  – they just don’t know it yet.

Go to any Tea Party rally. This is where you will supposedly find “radical conservatives,” but you won’t find them carrying any signs quoting Alexander Hamilton. You won’t find speakers extolling the virtues of government spending on infrastructure. Instead, you see signs quoting Thomas Jefferson and speakers mocking the many “bridges to nowhere” that have resulted from attempting to put Hamilton’s conservative ideas into practice.

The one inconsistency is the Tea Party’s support of the U.S. government’s military empire. This false note in the otherwise libertarian movement is the result of cultural confusion. These conservatives don’t yet realize that they aren’t really conservatives. They are libertarians, and the warfare state is inconsistent with the rest of their philosophy. They support it because they have been told all of their lives that it is the conservative position, which it is. However, limited government, inalienable rights, free markets, and individual liberty are not.

Contrary to Rick Santorum’s assertion that no society based upon radical individualism has ever succeeded, the libertarian, radically individualist principles upon which the United States was founded were precisely why it succeeded so spectacularly. It was libertarianism that made America different from any society before or since – what made it the “shining city on the hill” as Santorum calls it. It was the collectivist conservative philosophy that helped bring it down – with a lot of help from a third philosophical movement called Progressivism. Neither more conservatism nor more progressivism – nor any combination of the two – can solve the problems that America faces today. If Americans want to see liberty and prosperity restored in the United States, then restoring libertarianism is their only hope.

Tom Mullen is the author of A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.

Ron Paul Is Dangerous? Americans Must Start Thinking for Themselves

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American politics in the 21st century is about soundbytes, image, and spin. That’s the only way for candidates to try to reach 300 million people in the time that they will likely be in front of them on any given day. For some candidates, the soundbyte is the length and breadth of their views on the issue. For others, that is not necessarily true. In any case, the issues that they speak to are issues of substance and there is no way to form an opinion about them unless you think them through.  That might seem like stating the obvious, but here’s the rub: almost no one is thinking about issues that could profoundly affect all of us for the rest of our lives.

What most Americans are doing is repeating the soundbytes and buzz words that they hear from talking heads as if they were indisputable fact. Maybe some of them are. Maybe some are not. What is crucial is that every individual think about them critically. That means challenging the veracity of those statements and determining for yourself if they stand up to the most vigorous intellectual attack that you can mount against them.

Ron Paul’s opponents use soundbytes to discredit him and Ron Paul does likewise. He has accused Newt Gingrich of “serial hypocrisy” and accused all of his opponents collectively of being “shitzus” on cutting spending. No one should accept those allegations as true without looking into the evidence for and against them and determining for himself whether or not they are true. Part of that process must be the intellectual exercise of taking the position that they are not true and saying to Ron Paul, “Prove it. Newt Gingrich is not a hypocrite just because you said he was in a 30-second TV ad. Where is your proof? I’ll consider it and get back to you.”

I recently had a conversation with an acquaintance of mine as we prepared for a class that we take together. He asked me who I was supporting for the Republican nomination and I said that I was supporting Ron Paul. He immediately smiled and said that Ron Paul was too “crazy” for him. Not one to go on the attack just because someone disagrees with me, I calmly replied, “I hear that a lot. Which of his policies do you think are too crazy?”

I was not surprised by the blank stare that I received in response. That was followed by some stammering and searching for an answer. He finally said that it was Ron Paul’s stance on regulations. I asked, “Which regulatory issues do you disagree with him on?” More of the same stammering and searching and finally the answer was “Well, I haven’t caught up on the issues this time around yet, but I remember hearing him talk about a regulation a while back. I can’t remember which one.”

Out of the tens of thousands of pages of federal regulation, he had heard Ron Paul’s views on one of them and had concluded that he was crazy. Not misinformed. Not wrong. Not even very, very wrong. Crazy. Does that sound like a reasonable conclusion to you?

Let’s be honest. This gentleman just made up the whole “stance on regulations” answer to cover for the fact that he had no answer. He had no idea why he thought Ron Paul was crazy. He had heard it on television in a five second soundbyte, had accepted it as true without even four seconds of critical thought, and was now repeating it to other people who for the most part will do likewise.

However, the “Ron Paul is crazy” narrative is losing its effectiveness. It is getting harder and harder for his opponents to make that charge stick. After predicting the stock market crash of 1987 four years in advance and predicting the housing market collapse five years in advance, Ron Paul has emerged as the only candidate who is not crazy by Albert Einstein’s definition (doing the same thing over and over again and expecting a different result).

So Paul’s opponents need a new buzz word. I’m sure you’ve heard it. Ron Paul is now “dangerous.” Not wrong. Not very, very wrong. Not even “crazy” anymore. Now he’s dangerous. That’s an extraordinary claim. I can’t say that I remember it ever being used against another politician. I don’t remember any politician being called “dangerous” during the Cold War, when the Russians had 40,000 nuclear weapons pointed at every major American city. But that is the word that Paul’s opponents use to describe him now. One should immediately wonder why.

Of course you have heard this word repeated by every journalist and talking head as if it were true just because some enterprising young campaign staffer put it out as a talking point. That is fine. That is how the game is played. What is important is that you don’t immediately believe it just because you heard it on television, even if you heard it from a lot of people. Maybe it’s true. Maybe it’s not. You have to at least challenge the claim before you decide.

The new “dangerous” tag is based upon the argument that Ron Paul will not preemptively bomb or invade Iran to try to stop them from developing a nuclear weapon. His political opponents (including the other Republicans and Barack Obama) uniformly state that “We cannot allow Iran to have a nuclear weapon.”  The establishment candidates also assert that Iran will have a nuclear weapon as early as a year from now. That means that whatever the U.S. government is going to do about it must happen now.

Q. What exactly is the danger of electing this man? A. He will “allow” Iran to develop a nuclear weapon.

Q. What can the United States do to stop another nation from developing a nuclear weapon? A. Bomb or invade them immediately and destroy their capacity to build it.

Q. What if Ron Paul was president and Iran did develop a nuclear weapon? What would happen next?

Here is where most people completely shut down and stop thinking. The standard answer is that Iran will “wipe Israel off the map” or, even more irrationally, that they will “take out an American city.” Now, I know why Ron Paul’s political opponents say those things and we’ll get to that in a minute. What I’m concerned with is this: How could any rational, average American believe them?

Let’s say that Iran does indeed develop a nuclear weapon by January 2013. They would still be decades away from an intercontinental ballistic missile that could reach the United States. However, they may be able to use it against Israel. What happens next?

Nuclear weapons are a terrible thing. I think that most people wish that they didn’t exist. I know I do. But let’s acknowledge reality. Iran could not “wipe Israel off the map” (something Ahmadinejad NEVER EVEN SAID, by the way) with one nuclear weapon. They could kill a lot of people. On the other hand, Israel has 200-300 nuclear weapons. They could wipe Iran off the map and would do so the minute that Iran launched their missile. Every square inch of Iran would be incinerated before Iran’s nuclear missile ever reached Israel, if it got there at all. That is a fact that no reasonable person could dispute. That’s without even broaching the subject of what would happen to Iran if they showed any sign of aggression toward the United States. Think about it. To say that Iran is a danger to Israel or the United States is crazy.

That raises another question. If it indeed is crazy that Iran could ever threaten either the United States or Israel, why would so many politicians and talking heads be saying it? Could it possibly be that these politicians have something to gain if the United States goes to war with Iran?

Is it possible that politicians, supported by military contractors and financial institutions that together make trillions of dollars on these wars at your expense are saying this because they want to keep making more money? Or is it more likely that even though these people will “just happen” to profit immensely from a war with Iran, that they are both sincere and correct that Iran with one nuclear bomb is a threat to Israel and the United States, that between them have tens of thousands?

Ron Paul has argued that the war rhetoric today about Iran is identical to the war rhetoric about Iraq in 2002-2003. Is he right? Aren’t the same people who told us that Saddam Hussein had “weapons of mass destruction” telling us the same thing now about Iran? Aren’t all of the same elements of the argument about Iraq present in the arguments for war with Iran? They are evil. They want to destroy Israel. They are developing weapons of mass destruction. There is even the same time limit. “They may have one as early as a year from now.” That’s just what they told us about Saddam Hussein. There is no time to think it over. Within a year there will be a mushroom cloud over Tel Aviv, possibly New York City. Haven’t we heard all of this before? Isn’t it insane to accept the same claims from the same people without question?

Conversely, isn’t Ron Paul telling us the same thing that he told us about Iraq? Exactly why should we believe the people that lied to us or at least were dead wrong about Iraq and dismiss the one man that told us the truth and was dead right about Iraq? How long will we go on doing the same thing over and over again and expecting a different result? Isn’t that crazy?

Dangerous. That’s what you are going to keep hearing about Ron Paul. There is no reasonable argument to be made that Ron Paul’s foreign policy is dangerous. This is an act of desperation by people that are deathly afraid that Ron Paul is going to put them out of business (not just the war-making business, but a trillion dollars of other government waste that he’ll end in his first year as well).

They aren’t appealing to your reason. They are appealing to your emotions. They are trying to strike an irrational fear in you that will cause you to reject Ron Paul, support one of their candidates, and support another unnecessary war that they will profit from at your expense. Again. Just like Iraq. However, there is one thing that you can do to avoid being fooled again.

Think about it.

Tom Mullen is the author of A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.

Free Excerpt – A Return to Common Sense: Reawakening Liberty in the Inhabitants of America

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Kindle edition now available here!

Paperback here!

Hello friends,

Americans are waking up to the reality that our once free republic is in serious trouble. They are searching for answers to what seem like unsolvable problems: economic depression, unending war, political corruption, and vanishing liberties. What if there were just one answer – freedom? The American republic was founded upon that principle, yet few suggest it is the solution to any of our problems,  much less all of them. But if freedom is the answer, we first must know what it is. Sadly, most Americans do not. That is why I wrote this book.

I hope you enjoy the Introduction and Chapter One: What is Freedom?, which I am making available for free below. The subsequent chapters discuss how freedom can solve the many challenges we face.

To read the rest of this book, you can get the Kindle Edition here.

I look forward to fighting with you to restore our liberty.  – Tom Mullen

Reviews

“Thomas Mullen is a knowledgeable and passionate libertarian and A Return to Common Sense is a valuable addition to the libertarian literature. Those new to the freedom movement will benefit from Tom’s introduction to both the practical and moral arguments for freedom. Long-time activists will benefit from Tom’s explanation of why strict adherence to principle is vital to the future success of the liberty movement.”

– Representative Ron Paul (TX-14)

Congressman and author of The Revolution: A Manifesto and End the Fed.

“A well written primer on economics, liberty, and government that even avid Austrians will enjoy. If you have been blinded by government and Wall Street propaganda, A Return to Common Sense will help open your eyes. I not only recommend that you add this book to your freedom library, but that you buy a few copies for your friends.”

– Peter Schiff, President of Euro Pacific Capital, Inc and author of Crash Proof: How to Profit from the Coming Economic Collapse.

Tom Mullen has written a thorough and useful book. Those for whom a discussion of liberty is a new experience will discover in A Return to Common Sense a clear, easy to understand guide to the nature of freedom, and why it is essential to our fondest hopes for a civil society of opportunity, peace, and prosperity. For those who already share these values, it’s a welcome resource for perfecting our own knowledge and advancing our cause.

– Charles Goyette, author of THE DOLLAR MELTDOWN: Surviving the Impending Currency Crisis with Gold, Oil, and Other Unconventional Investments and RED AND BLUE AND BROKE ALL OVER: Restoring America’s Free Economy

Chapter 1

What is Freedom?

“And what is this liberty, whose very name makes the heart beat faster and shakes the world?”

 – Frederic Bastiat1 (1850)

If there is one thing uniquely associated with America, it is freedom.  From the moment Cornwallis surrendered to Washington at Yorktown, America has been a symbol of liberty to the entire world.  Since the end of World War II, when the United States assumed a worldwide leadership role, it has been the leader of the “free world.”  At sporting events, standing crowds begin their ovation when the vocalist singing the national anthem gets to the words, “O’er the land of the free.”  Even in everyday conversations, scarcely a day goes by that one does not hear someone say, “Do what you like, it’s a free country.”

Although we all agree that America is the “land of the free,” there are questions about freedom that might be more difficult to answer.  What is freedom?  How is it defined?  What makes America the land of the free?  How would we know if we were to lose our freedom?  What is it that our soldiers die for and our politicians swear to defend?

We have been told a lot of things about what freedom is not.  From the end of World War II until 1991, most Americans understood that freedom was not communism.  For almost three generations, Americans lived in the “free world” during its cold war with the communist Eastern Bloc.  Without further thought or instruction, many children of the 20th century think of freedom merely as the antithesis of communism.  In some ways, this is not completely untrue, although it hardly provides a complete answer to our question.

Certainly, the mere absence of communism doesn’t necessarily guarantee freedom.  The 18th century British monarchy wasn’t communist, but the American colonists nevertheless considered it tyrannical enough to rebel against.  Likewise, the Royal House of Saud may be an ally of the U.S. government, but most Americans would not regard Saudi Arabia as a “free country.”

In addition to monarchies, there are plenty of dictatorships around the world that don’t enforce a communist system but are nevertheless oppressive.  While they also may be allies of the U.S. government, they certainly aren’t free countries, either.  So, a society is not free merely because it is not communist.

On the other hand, monarchy doesn’t seem to necessarily preclude freedom, either. Great Britain has been a relatively free country throughout much of its history, even when the monarchy was much more than a figurehead.  The American Revolution notwithstanding, Great Britain was at that time one of the freest societies in the world.  Therefore, rather than conclude that no freedom is possible under a monarchy, one might instead conclude that monarchies neither guarantee nor necessarily exclude freedom. Freedom or tyranny seems possible under almost any system of government.

Perhaps we can define freedom more easily by looking at its antithesis.  Merriam-Webster Dictionary lists slavery among antonyms for freedom.  Surely, we have found a start here.  Most people would agree that slavery is the complete absence of freedom.  Who can we imagine that is less free than the slave?  This is helpful in beginning to try to frame an answer, but freedom cannot be merely the absence of slavery.  Surely our founding fathers bled to give us a higher standard than this!

If we are told anything about what freedom is, it is that freedom is democracy.  If you ask most Americans, this is the answer you will get.  This is reinforced ad nauseum by politicians, media, and teachers in our public schools.  When Iraq held its first elections after the overthrow of Saddam Hussein, politicians and journalists universally celebrated the Iraqis’ “first taste of freedom.”

Certainly, democracy is a vast improvement over the autocratic rule of a dictator. But does democracy automatically mean freedom?  If democracy is rule by the majority, what about the minority?  What if 51 % of the people voted to oppress the other 49%?  Would that society truly be free?

Most Americans would be quite surprised to learn what our founding fathers thought about democracy.  Any objective analysis would conclude that their feelings lay somewhere between suspicion and contempt.

James Madison said, “Democracy is the most vile form of government … democracies have ever been spectacles of turbulence and contention: have ever been found incompatible with personal security or the rights of property: and have in general been as short in their lives as they have been violent in their deaths,”2

In a letter to James Monroe, he also said,

“There is no maxim, in my opinion, which is more liable to be misapplied, and which, therefore, more needs elucidation, than the current one, that the interest of the majority is the political standard of right and wrong.”3

While often extolling the virtue of majority rule, Thomas Jefferson nevertheless wrote,

“…that the majority, oppressing an individual, is guilty of a crime, abuses its strength, and by acting on the law of the strongest breaks up the foundations of society.”4

Can this be true?  The founding fathers were ambivalent about democracy?  For many people, this is tantamount to sacrilege.  More shocking still is what the Declaration of Independence and the U.S. Constitution say about democracy: nothing.  Nowhere in our founding documents will you find the word “democracy” or the assertion, implicit or explicit, that our government is a democracy.  How can this be?

Despite what we are taught virtually from birth, the United States of America has never been a democracy.  As only contrarians point out these days, it is a constitutional republic.  We choose our leaders using the democratic process of majority vote, but that is the extent to which the United States involves itself with democracy.

Like monarchy, democracy neither guarantees nor necessarily prohibits freedom.  Our founders actually feared that democracy poses a danger to freedom.  Apart from the pure heresy of the idea, it leaves us with a problem.  We are no closer to defining freedom.  If even democracy is not freedom, perhaps freedom doesn’t really exist!  If we are not to find freedom in democracy, where else can we look?

We certainly won’t learn what freedom is from our politicians.  While terrorism, healthcare, unemployment, gay marriage, and a host of other “major issues” dominate public debate, freedom is just too quaint, too academic, or too forgotten to get any airplay.  Yet, as we shall see as we explore the different subjects of this book, freedom is the fundamental issue.  In fact, despite what we perceive as a myriad of different problems facing the United States of America today, freedom is actually the only issue.  That may be hard to accept, given the decades of shoddy history, obfuscation, and plain old bad ideas we’ve been bombarded with.  Nevertheless, our greatest challenges and their solutions revolve around freedom.  If freedom is really that important, we’d better be absolutely sure we know what it is.

In order to answer the question posed by Bastiat at the beginning of this chapter, we will have to go back to the beginning.  Our founding fathers faced no such quandary about the definition of freedom. They knew exactly what it was.  They were children of the Enlightenment, and derived their ideas about freedom directly from its philosophers, especially John Locke.  While these philosophers were powerful thinkers and their ideas were (no pun intended) revolutionary at the time, the principles of liberty are relatively simple.  They are, as the namesake of this book concluded, common sense.  It was an understanding of these revolutionary ideas by average American colonists that inspired the revolution that gave birth to a nation.

The idea that opens the door to the true meaning of freedom is individual rights.  Despite the emphasis today on the “general welfare” and the “common good,” the American tradition of liberty has nothing to do with either.  Instead, the founders believed each individual was born with natural, inalienable rights.  The Declaration of Independence states,

“We hold these truths to be self evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights,” 5

This passage is quoted widely in popular culture.  Invariably, the words emphasized are “that all men are created equal.”  Certainly, these are fine words and worthy of veneration.  However, the rest of this passage is equally important.  Every human being, because of his equality with all other human beings, has rights no earthly power can take away.  These rights are “unalienable,” so that governments, even democratically elected governments, have no power to revoke them.  To the founding fathers this was self-evident.  It was true based purely upon man’s existence itself.

This idea is drawn directly from the philosophy of John Locke, who wrote,

“A state also of equality, wherein all the power and jurisdiction is reciprocal, no one having more than another; there being nothing more evident, than that creatures of the same species and rank, promiscuously born to all the same advantages of nature, and the use of the same faculties, should also be equal one amongst another without subordination or subjection,”6

While these rights are endowed by a Creator, the founders did not specify who the Creator was.  Too often, those arguing for the ideals of our republic make the fatal mistake of basing the natural rights upon belief not only in God, but specifically upon the Christian God.  While the founders were by no means opposed to Christianity, belief in it or even in God is not a prerequisite for the existence of the natural rights.  The beauty of this idea is that it transcends religion and thus welcomes members of all religions, and those with no religious beliefs at all.  Therefore, the first building block of freedom, individual, inalienable rights, can be claimed by Christians, Muslims, Jews, Buddhists, Hindus, atheists, by every person on earth.

So what are these inalienable rights, which cannot be taken away?  The Declaration goes on to say, “That among these are Life, Liberty, and the Pursuit of Happiness.”7

At first glance, this statement might be a bit deceiving, maybe even a little disappointing.  Life, Liberty, and the Pursuit of Happiness?  Is that all?  Surely we have more rights than these!  Of course, the Declaration says “among these,” so it does not limit the natural rights to these three.  But these three are important.  It is worthwhile to determine the meaning of each.

The right to life is pretty easy to understand.  Most civilized societies have laws against murder.  Each individual has a right not to be killed by another human being, except in self-defense.  So far, so good.  What about the other two?  We are in the midst of trying to define liberty, or freedom, so let us put that aside for the moment.  The third right listed is “the pursuit of happiness.”  What does that mean?  Does it mean nothing?  Or does it mean everything?  What if it makes me happy to steal cars or blow up buildings?  Surely, I don’t have a right to pursue happiness like that!

No. There is a natural limit on liberty and the pursuit of happiness. Again, we can find the answer in Locke,

“To understand political power right, and derive it from its original, we must consider, what state all men are naturally in, and that is, a state of perfect freedom to order their actions, and dispose of their possessions and persons, as they think fit, within the bounds of the law of nature, without asking leave, or depending upon the will of any other man.” 8

While people are free to do what they want, they must do so “within the bounds of the law of nature.”  What is the law of nature?  Locke goes on to tell us,

“The state of nature has a law of nature to govern it, which obliges every one: and Reason, which is that law, teaches all mankind, who will but consult it, that being all equal and independent, no one ought to harm another in his life, health, liberty, or possessions…” 9

Finally, we have some indication of what freedom is, rather than what it is not.  Liberty is not the unlimited ability to do whatever you want, nor is it confined to the arbitrary limits placed upon people by governments.  Contrary to the spurious argument that unfettered liberty would result in chaos, we see that the law of nature, Reason, very clearly and unambiguously prohibits some actions, even for people in a state of absolute liberty.  They are:

1.   Initiating the use of force or violence

2.   Infringing upon another person’s liberty

3.   Harming them in their possessions.

This last limit upon the actions of free individuals is important.  Locke spends an entire chapter of his Second Treatise talking about it.  It is related to property, which is arguably the most important right, while at the same time the least understood.  Property is important enough that we will spend the next chapter examining the subject.  To do this we will have to come to a clear definition of property, including how it is acquired, how it is exchanged, and what right the owner has to it.

More importantly, we have arrived at a definition of liberty.  It is the right of any person to do as they please, as long as they do not violate the equal rights of anyone else.  The latter half of this definition is generally referred to as the “non-aggression principle.”  Political activists associate this principle with libertarians, while intellectuals associate it with Ayn Rand’s philosophy of Objectivism.  Certainly both movements recognize and venerate it, but it is important to realize that neither is its source.  In fact, the non-aggression principle has been articulated with very little variation by all writers in the liberal tradition, including Locke, Jefferson, Paine, Bastiat, Mill, and later Rand and other 20th century writers and thinkers.

By applying this principle, the most complicated societal issues become astoundingly simple.  The ambiguous becomes unambiguous.  The answers become clear.  Virtually every problem facing America today can be solved by applying the principle of freedom.

There are a few points we should review for emphasis.  First, the rights mentioned in the Declaration of Independence and drawn out of Locke’s philosophy are inalienable.  They cannot be taken away by any power on earth, including a majority vote.  The reason the founders were suspicious of democracy was because of their fear that the majority would oppress the individual by voting away the individual’s rights, especially property rights.  This was the reason for the separation of powers and the limits on government authority.  Even a majority vote can be a threat to freedom.

The difference between a right and a privilege is a vital concept to understand.  A right is something you are born with, that you possess merely because you exist.  A privilege is something that is granted by another person, group, or a government.  Our country was founded upon the principle that all people have inalienable rights that cannot be taken away, not privileges granted by their government.  As John Adams so eloquently put it,

“I say RIGHTS, for such they have, undoubtedly, antecedent to all earthly government, — Rights, that cannot be repealed or restrained by human laws — Rights, derived from the great Legislator of the universe.”10

There is no need to be “thankful for the rights we have in America.”  All people have those rights and gratitude is neither necessary nor appropriate.  Rather, people are justified in demanding their rights, and any violation of them should be recognized as an act of aggression.

Second, in any conflict between individual liberty and the will of the majority, individual liberty prevails without compromise.  The majority has no right to violate the rights of the individual.   This is to some extent merely making the first point in reverse, but it is important enough to say in more than one way.  Society doesn’t have rights; individuals do.  Society is nothing more than a collection of individuals, so protecting each individual in society protects society.

Despite these seemingly undeniable truths, individual liberty is today under constant attack because of its perceived conflict with the common good or “the needs of society.”  While living together and agreeing not to initiate aggression against each other seems astoundingly simple, our politicians would have us believe there is something incredibly complicated about it.  They create a world in which civil society is a maze of moral dilemmas that only their astute guidance can lead us safely through.  Once liberty is properly understood and applied, all of these supposed dilemmas disappear.

End Notes

Introduction: The American Crisis

1 Paine, Thomas The American Crisis “The Crisis No. 1” December 19, 1776 from Paine Collected Writings edited by Eric Foner Literary Classics of the United States, Inc. New York, NY 1955 pg. 91

Chapter 1: What is Freedom?

1 Bastiat, Frederic The Law 1850 from The Bastiat Collection 2 Volumes Vol. 1 Ludwig Von Mises Institute Auburn, AL 2007 pg. 79

2 Madison,James Federalist #10    https://www.foundingfathers.info/federalistpapers/fedi.htm https://www.foundingfathers.info/federalistpapers/fed10.htm

3 Madison, James Letter to James Monroe October 5th, 1786 James Madison Center, The https://www.jmu.edu/madison/center/home.htm Phillip Bigler, Director, James Madison University Harrisonburg, VA https://www.jmu.edu/madison/center/main_pages/madison_archives/quotes/supremacy.htm

4 Jefferson, Thomas To Dupont de Nemours from Jefferson Writings edited by Merrill D. Peterson New York, NY: Literary Classics of the United States, 1984 pg. 1387

5 Declaration of Independence, United States 1776 National Archives and Records (website) https://www.archives.gov/exhibits/charters/declaration_transcript.html

6 John Locke Second Treatise on Civil Government from Two Treatises of Government C. and J. Rivington, 1824 (Harvard University Library Copy) pg. 132

7 Declaration of Independence, United States 1776 National Archives…

8 Locke Second Treatise pgs. 131-32

9 Locke Second Treatise pg. 133

10 Adams, John A Dissertation on the Canon and Feudal Law 1765 Ashland Center for Public Affairs (website) Ashland University  https://www.ashbrook.org/library/18/adams/canonlaw.html

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What If Barack Obama Had Not Been Elected?

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Most conservatives abhor Barack Obama’s presidency. They believe that Obama is leading the United States to its ruin and that nothing is more important than defeating him in the next election. They believe that our very way of life is threated if they do not succeed. I don’t happen to share their opinion that there is a substantive difference between the Bush and Obama administrations, or that anything today would be different if John McCain had been elected.

However, let’s say for the sake of argument that conservatives are correct. The Obama administration is bent on altering American society in fundamental and irreversible ways. Nothing is more important than removing him from office.

Still, conservatives do not look to violently overthrow the present administration. They recognize that, whether the choice was a wise or a foolish one, a majority of those Americans who cared enough to vote chose Barack Obama as their president. So, no matter how relentlessly the Republican Party attacks Obama through its vast network of think tanks, talking heads, and media outlets, no matter how nasty or allegedly unfair conservative talk radio may be, when all is said and done, conservative efforts to remove Obama from office are peaceful.

But what if Obama had not been elected?

What if John McCain had won the election, but was then removed from office in a coup d’état fomented by covert agents of a foreign government? What if that government then installed Barack Obama as president, overriding the wishes of the American electorate? What if that foreign government propped up the Obama administration for decades and American citizens were unable to depose him peacefully through the electoral process?

What if Americans decided to rebel against this tyranny and overthrow Obama in a revolution? What if the foreign government called the American rebels insurgents or terrorists for removing the tyrant, when it was obvious to the whole world that the Americans had been justified in deposing Obama as a usurper backed by foreign interests?

What if, after the revolution, Americans elected a leader that they felt represented their values but that people in other countries did not like? What if the foreign government that had previously overthrown John McCain joined with other countries and imposed sanctions upon Americans, using military force to prevent voluntary trade between the United States and other countries? What if that foreign government sent billions of dollars to Mexico, allowing her to arm herself with nuclear weapons, but forbade the United States to similarly arm herself in her own defense?

What if that same foreign government armed and supported Canada in waging a decade-long war against the United States? What if that government then turned on Canada and invaded her, setting up military bases on her soil, with tens of thousands of troops capable of striking at the United States at any moment?

What if Americans resented the sanctions and threats of violence directed at them and responded with threatening statements of their own?  What if Americans were vilified as terrorists for opposing these aggressive actions with manly firmness? What if the United States had not invaded another country in over 200 years, but was still characterized as a threat to the whole world by a government that routinely invaded other nations, had already overthrown the U.S. government once in the past, had armed America’s neighbors with weapons of mass destruction, and regularly issued official government statements calling for “regime change” in the United States?

What if there were credible rumors that a preemptive nuclear strike by Mexico was imminent? What if the foreign government pledged its full support for Mexico and warned Americans not to attempt to arm themselves adequately to prevent this unprovoked attack? What if it was apparent to all Americans that they had no chance to fight their enemies in a conventional war and win?

What would Americans be prepared to do then?

For more thought-provoking “What Ifs?” see here, here, and here.

Tom Mullen is the author of A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.

Is the Patriot Act Unpatriotic?

26 Replies

Republican presidential hopefuls Newt Gingrich and Ron Paul had an interesting exchange at the National Security Debate hosted by CNN on November 22nd. Not surprisingly, Gingrich supported the Patriot Act, going so far as to say that it should be “strengthened.” Paul argued that “the Patriot Act is unpatriotic,” because the legislation undermines American liberties. He thinks it should be abolished. Both men did well making their points and each got enthusiastic applause from their supporters. But who was right?

At first glance, it might have seemed as if Paul had stumbled into a “gotcha” by bringing up Timothy McVeigh. In supporting his assertion that one must never give up liberty for security, Paul argued that Timothy McVeigh, the terrorist who blew up a federal building in Oklahoma City in 1995, was prosecuted, convicted, and executed under the existing laws, without the “tools” that the Patriot Act provides to law enforcers. Gingrich replied:

“Timothy McVeigh succeeded. That’s the whole point. Timothy McVeigh killed a lot of Americans. I don’t want a law that says after we lose a major American city, we’re sure going to come and find you. I want a law that says, you try to take out an American city, we’re going to stop you.”

Paul responded:

“This is like saying we want a policeman in every house, a camera in every house, because we want to prevent child beating and wife beating. You can prevent crimes by becoming a police state. So, if you advocate the police state, yes, you can have safety and security and you might prevent a crime, but the crime then will be against the American people and against our freedoms and we will throw out so much of what our revolution was fought for. So don’t do it so carelessly.”

It is likely that uncommitted observers – those not passionately for Paul or Gingrich – thought that both men made good points and that the right answer is “somewhere in the middle.” To be moderate is always viewed as being more reasonable. But is that really true? I believe that the question debated here between Paul and Gingrich is a fundamental question and compromise is impossible. To use a well-worn but appropriate cliche, Gingrich wants America to cross the Rubicon. Once we do, there is no going back.

The crux of the matter is preemptive government. Not just preemptive war, but the ability of the government to act preemptively in any situation. Paul takes the libertarian position that is based upon the non-aggression principle. Government force may never be employed against anyone until that person has invaded the person or property of another. Gingrich takes the more Hobbesian-conservative position: if the government is not all-powerful, we will all be killed.

If “patriotic” means the love of one’s country’s ideals, the highest being liberty for Americans, then you have to agree with Paul. That’s because not only is non-aggression the libertarian position, it’s the founding principle underlying the Declaration of Independence and Bill of Rights. The meaning of the word “liberty” is to be free from coercion, which is free from other people initiating force against you. Once the government or anyone else is legally empowered to do so, rather than limited to responding with force in defense against an aggression that you’ve already committed, then liberty as Thomas Jefferson understood it is gone.

Non-aggression is the concept expressed in the statement that “no person shall be…deprived of life, liberty, or property, without due process of law.” In other words, the government can’t use force against you until it is not only asserted but proven that you have committed an aggression against the person or property of someone else.

If you’re reading this to mean that the government is powerless against individuals until after they’ve committed a crime, then you’re correct. That is the price of liberty and there really is no way to compromise it. Force must always be initiated by someone. To be free means that it is never initiated against the innocent, at least not with the endorsement of the law. A person is innocent until they actually commit a crime. You cannot prosecute someone for what might be in his mind – at least not in a free country. As Paul argued, once you throw out the principle of liberty, you have invited the police state, complete with ubiquitous surveillance, unwarranted searches, curfews, and the rest. It is astounding how much of it is already in place in a nation that calls itself “the land of the free.”

The obvious concern with this line of reasoning is that it would seem that to be free, one must set oneself up as a sitting duck for criminals and terrorists, powerless to resist them until it is too late. Ed Meese cited the “42 terrorists attacks, amied at the United States…thwarted since 9/11,” and went on to say, “Tools like the Patriot Act have been instrumental in finding and stopping terrorists.”

I don’t know how Meese arrived at that number, but it doesn’t jibe with reality. I suspect that it includes all of the entrapment schemes that have been perpetrated by federal law enforcement officers, whereby an undercover agent poses as a terrorist and approaches a mentally unstable person for the purpose of convincing him to participate in a phoney terrorist plot. Once the hapless “terrorist” agrees, the undercover agent arrests him and charges him with a crime.

All of the attempted terrorist attacks that the American public know about since 9/11 have defeated the Patriot Act and other security “tools” insituted since that crime was committed. The shoe bomber and the underwear bomber were both overpowered by private citizens acting in their own defense, after the would be terrorists had defeated the security measures within the Patriot Act and the TSA. Even on 9/11, with the federal government already in charge of security, albeit without the “tools” of the Patriot Act, the only crime that was prevented was the one that would have been perpetrated using Flight 93. Again, it was private citizens acting in their own defense and defense of their neighbors that thwarted the attack. While they were unsuccessful in defending their own lives, they prevented the loss of many, many more.

This illustrates another fundamental element of liberty – the right of each person to be allowed to provide for their own defense. The right and duty of each individual to defend themselves to the best of their ability replaces absolute power in the hands of the government. Consistent with this idea, Paul has been a staunch advocate of the 2nd amendment, while Gingrich, although he supports the right to bear arms in rhetoric, also voted for the Lautenburg Gun Ban and the Criminal Safezones Act, sponsored by Nancy Pelosi.

Gingrich tries to qualify his position on the Patriot Act by drawing a conceptual line between criminal law enforcement and national security. He says that “criminal law – the government should be on defense and you should be innocent until proven guilty. National security – the government should have many more tools in order to save our lives.”

In other words, if the government decides that “national security” is threatened, you are  no longer innocent until proven guilty. He also says that Americans must “build an honest understanding that all of us will be in danger for the rest of our lives.”

Do the math.

This exchange between Paul and Gingrich represents a fundamental choice that the American people have to make. They can take personal responsibility for their security and take power back from the federal government or they can hand unchecked power to the federal government along with their liberty. There is no “centrist” or “moderate” position, because once the principle is conceded, liberty is gone.

As Benjamin Franklin warned, the choice between liberty and security is a false one. No, there were not nuclear weapons in 1755, but to think that the existence of nuclear weapons changes the principle is counterintuitive. Franklin spoke those words in 1755 because the same choice existed then as now. Those who sacrifice liberty in the hopes of greater security deserve neither and will get neither. The most immediate threat to one’s security is always the closest one – the government itself.

In deciding who was right in this debate, Americans are really deciding whether liberty is something they cherish or whether Franklin, Jefferson, Adams and the rest were wrong. If they were wrong or if we’ve decided that there is something fundamentally different today that trumps those timeless principles, let’s at least dispense with the notion that we live in the “land of the free.” At the next sporting event, let the singer end with “o’er the land of the secure, and the home of the safe.” It may not be pleasing to the ear, but neither is Gingrich’s plan for a “secure” America.

Tom Mullen is the author of A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.

© Thomas Mullen 2011