May 23, 2013

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IRS scandal nothing new: Targeting dissenters is bipartisan

May 16, 2013 By Leave a Comment

TAMPA, May 16, 2013 ― The IRS targeting conservative groups for audits and enforcement actions is the latest scandal for a federal government that is so out of control that even the lapdog media are starting to sound libertarian while covering it. But targeting dissenters is nothing new and certainly not an innovation by the Obama administration. It is old as the federal government itself.

One does not have to go back as far as the Alien and Sedition Acts or Abraham Lincoln’s imprisonment of northern journalists who opposed the Civil War. One doesn’t even have to go outside the IRS. Just nine years ago, they were doing the exact same thing under Bush, going so far as to investigate a church because of an anti-war sermon which the agency said it “considered … to have been illegal.”

Ironically, for all of their talk about “small government” and “balanced budgets,” the tea party and patriot groups most recently victimized by the IRS are for the most part rabid supporters of American militarism. So, whether you’re pro-war or anti-war, you’re a candidate for predation, so long as you oppose any aspect of the federal monster.

Conservatives are obviously making this about Obama and Obama is doing his best to deflect blame, pointing out that the activity occurred while a Bush appointee was still IRS Commissioner. Sadly, most of the American public will likely jump on one bandwagon or the other and miss what is really important here.

Read the rest of the article at Communities@ Washington Times…

Filed Under: American History, Constitution, Featured, Freedom of Speech, History, Libertarianism, Liberty, Natural Law, Obama, Political Philosophy, Politics Tagged With: , , , , , ,

Dzhokhar Tsarnaev had right to remain silent only after he confessed

April 24, 2013 By Leave a Comment

TAMPA, April 24, 2013 – Civil libertarians seemed to have cause for relief on Monday as reports were released that Boston Marathon bombing suspect Dzhokhar Tsarnaev had been formally charged with the crime, given a Miranda warning and assigned counsel.

Some prominent officials, including U.S. Senator Lindsey Graham, had called for Tsarnaev to be treated as an enemy combatant. The Obama administration indicated that it would prosecute the U.S. citizen in civilian court, but would invoke the public safety exception to the Fifth Amendment in questioning Tsarnaev before reading him his rights.

It appeared that justice had prevailed. Major news outlets reported that a bedside hearing had taken place, presided over by a judge, with counsel for the defense present. A transcript of the hearing is available online or in pdf above.

The bedrock legal principles that make America the “land of the free” had been preserved. Tsarnaev would be presumed innocent until proven guilty. He would have the benefit of counsel to challenge the government’s case against him, examine the evidence and cross examine any witnesses.

He would not be subject to punishment until he had been proven guilty in an adversarial proceeding, rather than merely accused.

There was only one problem. We now know that Tsarnaev had already confessed to the crime.

So, Tsarnaev had the right to remain silent only after there was no longer any reason to remain silent. That defeats the whole purpose of the Fifth Amendment. One of the reasons it was established was the routine use of torture in obtaining confessions in the Middle Ages.

So, how did federal authorities obtain Tsarnaev’s confession? Was he tortured? All we know is he was alone with federal authorities and helpless in his hospital bed.

Read the rest of the article at Communties@ Washington Times…

Filed Under: Constitution, Criminal Law, Featured, Liberty, Natural Law Tagged With: , , , , ,

How do we know Dzhokhar Tsarnaev is a witch?

April 24, 2013 By Leave a Comment

TAMPA, April 22, 2013 – Predictably, neoconservative politicians have already called for Boston Marathon bombing suspect Dzhokhar Tsarnaev to be treated as an enemy combatant, meaning that he would not enjoy the constitutional protections afforded criminal defendants in civilian courts. Pundits and blog commenters have echoed the sentiment that “terrorists don’t deserve due process” or other constitutional protections. According to this argument, they forfeited them when they decided to wage war against Americans.

This begs an obvious question. How do we know Dzhokhar Tsarnaev committed the crime and therefore doesn’t deserve due process, when due process is the means by which we make that determination?

Neoconservative logic isn’t much better than Sir Bedevere’s in the witch scenein Monty Python and the Holy Grail. Sadly, many Americans are acting every bit the mob depicted in that satire.

Read the rest of the article at Liberty Pulse…

Filed Under: Constitution, Criminal Law, Featured, Liberty, Natural Law Tagged With: , ,

The Bill of Rights was written for Dzhokar Tsarnaev

April 20, 2013 By 2 Comments

TAMPA, April 20, 2013 – 19-year-old Boston Marathon bombing suspect Dzhokar Tsarnaev is in custody. Assuming that Tsarnaev is indeed guilty of these crimes, a very real threat to public safety has been taken off the streets. That’s the good news.

The bad news is that the Tsarnaev brothers have taken the last vestiges of a free society in America down with them.

The Bill of Rights was already on life support before this tragedy. Before the dust settled after 9/11, the 4th Amendment had been nullified by the Patriot Act. The 5th and 6th Amendments were similarly abolished with the Military Commission Act of 2006 and the 2012 NDAA resolution, which contained a clause allowing the president to arrest and indefinitely detain American citizens on American soil without due process of law.

Americans had already grown accustomed to having their persons and papers searched at the airport without probable cause and without a warrant supported by oath or affirmation. After a brief, politically-motivated backlash against the Bush Administration, Americans similarly resigned themselves to the government tapping their phones, reading their e-mails and generally spying on them wherever they went. Things were already very, very bad.

They just got a lot worse.

Not only did the militarized domestic law enforcement complex put the City of Boston under martial law, but nobody seems to have found it out of the ordinary, much less outrageous. Yes, a few journalists like libertarian Anthony Gregory raised a finger. But, for the most part, nobody seemed to mind that the entire city was under military siege, complete with paramilitary units in full battle gear, battlefield ordinance and tanks. Tanks!

Read the rest of the article at Communities@ Washington Times…

Filed Under: Constitution, Criminal Law, Featured, Liberty, Natural Law Tagged With: , , , , ,

Even libertarians wrong on Monsanto Protection Act

April 4, 2013 By Leave a Comment

TAMPA, April 3, 2013 ― While the high priests in black robes were hearing arguments on gay marriage, President Obama quietly signed the continuing resolutions act that keeps the federal government operating in the absence of a budget. Buried inside the bill was language that has become notoriously known as “the Monsanto Protection Act.” The blogosphere exploded with cries of conspiracy, crony capitalism and corruption.

Liberals oppose the provision for the usual reasons: It lets a big corporation “run wild” without appropriate government oversight, free to (gasp!) make bigger profits on food. More thoughtful liberal arguments have suggested it may threaten the separation of powers by allowing the executive branch to override a decision by the judicial.

The lunatic fringe believes that Monsanto will control the world’s food supply through intellectual property laws and enslave us all, like the evil corporation did with oxygen in Total Recall. Of course, let’s not forget that old saying. “Just because I’m paranoid, it doesn’t mean they’re not out to get me.”

The liberal reaction to this bill and Monsanto’s activities in general is not surprising. It’s the libertarian reaction that’s surprising and disappointing. Even the Ron Paul crowd sounds like New Deal Democrats when it comes to this corporate farming giant.

They say that regardless of how much he supports the free market, everyone has that one issue that he is hopelessly socialist on. For some, it’s roads and so-called “infrastructure.” For others, it’s intellectual property. For Thomas Jefferson, it was education. Apparently, for libertarians it’s farming.

Now, if libertarians want to argue that corporations shouldn’t exist at all, that the privilege of limited liability violates individual rights and leads to market distortions, that regulating the markets only insulates large corporations from competition, that’s one thing. I’ve been there, written that.

Read the rest of the article at Communities@ Washington Times…

Filed Under: American History, Constitution, Corporations, Economics, Featured, Founding Fathers, History, Libertarianism, Liberty, Natural Law, Political Philosophy, Progressivism, Property Rights, Regulation, The New Deal, Thomas Jefferson Tagged With: , , , , ,

Does excessive noise help cause big government?

February 25, 2013 By Leave a Comment

Does excessive noise help cause big government?TAMPA, February 24, 2013 ― “If there’s one thing I hate, it’s all the noise, noise, noise, noise!”

There’s not much to like about The Grinch before his sentimental conversion at the top of Mount Crumpet. But it’s hard not to sympathize with him just a little when he utters those words. If quiet was in short supply in 1966 Whoville, it’s completely nonexistent in 2013 America.

I walked into a Jimmy John’s sub shop last week for the first time in two years. They recently began offering all of their subs as lettuce wraps, making them permissible as an occasional treat for primals. I knew I had missed the delicious #9. What I hadn’t missed was the music. At 12:30 in the afternoon, Jimmy John’s plays it at nightclub volume. Ordering and waiting the 1-2 minutes it takes to get your food is bad enough. Eating there is out of the question.

There is scarcely a restaurant anywhere that doesn’t pipe music throughout its dining room and onto its patio. Gas stations now blare music at customers while they pump their gas. Supermarkets, retail stores at the mall, and even public parks have all followed suit.

If it’s not music, then it’s television. Doctor’s office waiting rooms now bombard the ears and the psyche with vapid programming clattering off every uncarpeted surface. So do most auto repair shops.

There is virtually no spot accessible to the public that does not fill the soundscape with music or television. Even libraries are following the trend.

I know I sound like an old guy in baggy gray pants and a Humphrey Bogart hat, but I’m not. I love music. I love loud music. I played in bands for over twenty years and still like to crank up my Marshall amp and let some AC/DC rip on my vintage guitar.

I have nothing against music or television and certainly respect private property owners’ right to play either as loud as they wish to.

I just wonder when and where 21st century Americans ever experience quiet, outside of their jobs. When do they have the kinds of stimulating conversations with friends that are impossible when shouting over a restaurant sound system? When do they just sit and think, reflect or daydream?

It’s possible that the answer is “never.”

The term “noise pollution” is generally associated with the left and its never ending quest to impede commerce and industry. The war on noise fits nicely into the leftist worldview that when humans are left free to pursue their happiness, they naturally destroy the environment, including the sound environment, causing harm to themselves, each other and (gasp!) their furry co-inhabitants.

But does noise pollution also help cause big government?

Read the rest of the article at Communities@ Washington Times…

Filed Under: Featured, Liberty, Media, Natural Law, Radio, Television Tagged With: , , , , ,

Chris Dorner: A real life Frankenstein monster

February 14, 2013 By Leave a Comment

TAMPA, February 13, 2013 – “Are you to be happy, while I grovel in the intensity of my wretchedness? You can blast my other passions; but revenge remains, – revenge, henceforth dearer than light or food! I may die; but first you, my tyrant and tormentor, shall curse the sun that gazes on your misery. Beware; for I am fearless, and therefore powerful. I will watch with the willingness of a snake, that I may sting with its venom. Man, you shall repent of the injuries you inflict.”

While far more eloquent, one cannot help but see the parallels between the declaration of war upon Victor Frankenstein by the monster he created and Chris Dorner’s erratic “manifesto.” Dorner’s entire story parallels Mary Shelley’s classic, with tragic results and ominous foreboding.

Like the monster, Dorner was “created” by the military-police complex. They may not have endowed him with life, but they made him into the trained killing machine that was both willing and able wage war upon them. Dorner felt wronged by his creator and swore to avenge himself, willing to exact that revenge both upon those he had self-pronounced “guilty” and upon innocents whose suffering or death would cause the guilty pain. Like Shelley’s demon, Dorner’s life ended in fiery death (more like the movie than the novel).

Shelley’s characters are more sympathetic than those of Dorner’s tragic story. The monster suffers years of real torment before resorting to the murder of Frankenstein’s loved ones, including his brother, an innocent child, and his young wife. The reader still doesn’t condone the murders, but at least sympathizes somewhat with the murderer. Not so with Dorner. Although some or all of his accusations against the LAPD may have been true, it is impossible to either understand or condone his disproportionate response.

The government falls short of Shelley’s title character as well. Unlike the targeted members of the LAPD, Victor Frankenstein does not cower in his house under paramilitary protection. He hunts the monster he created alone, unafraid to confront him, without endangering innocent bystanders. He also understands and admits that he was wrong to create the monster in the first place. In contrast, the military-police complex shot three innocent people in its panicky response and will likely push to be even more dangerously armed and empowered as a result of this tragedy.

READ MORE: The cops are a dangerous replacement for private gun ownership 

If the parallel to Shelley’s story stopped with the LAPD or even the law enforcement community in general, it would not be so ominous. But this little morality play is not simply a warning to law enforcement to “be careful who you train and what you train them to do.” It is a metaphor for our entire society.

As Anthony Gregory reminds us, “We are all Branch Davidians Now.” We are all subject to being monitored and hunted by drones, searched without warrant, kidnapped and detained without appeal to a judge for a writ of habeas corpus, and even summarily executed without a guilty verdict or even a jury trial. As Emma Hernandez and Margie Carranza can tell you, we may not even be the subject of the monster’s wrath but still be destroyed by its fury.

Read the rest of the article at Communities@ Washington Times…

Filed Under: Constitution, Criminal Law, Featured, Libertarianism, Liberty, Natural Law, Non-Aggression Principle, Political Philosophy Tagged With: , , , , , ,

Even convicted felons have a right to bear arms

January 11, 2013 By Leave a Comment

TAMPA, January 11, 2013 ― Supposedly, a philosophical debate is going on between “right and left” over the natural right to keep and bear arms. As usual, both sides are wrong.

The right to keep and bear arms is inseparable from the right to life. Here in the real world, arming oneself is the only practical way to exercise the right to life, which is properly defined as the right not to be killed by another human being.

Banning guns removes an individual’s ability to exercise the right to life. It places his life at the discretion of anyone who would take it away. Life is no longer a right, but a privilege, exercised at the discretion of criminals. Sometimes, the criminals wear government costumes.

When is this ever justified?

The only reasonable answer would be when an individual has wrongfully taken the life of another person. Even then there is room for an argument. If manslaughter does not carry a lifetime prison sentence, why does the perpetrator permanently surrender his right to life?

There is no justification for prohibiting gun ownership for virtually any other crime. Perhaps egregious assaults or child molestation also qualify, but that is still a tiny percentage of the population.

Even conservatives cast the net far wider. Standard conservative talking points go something like this. “We defend the 2nd Amendment rights of law abiding citizens who are not mentally ill to keep and bear arms.”

Virtually every word of this statement is wrong. And this is the “pro-gun” side.

Read the rest of the article…

Filed Under: American History, Constitution, Declaration of Independence, Featured, Founding Fathers, History, Liberty, Natural Law, Non-Aggression Principle, Right to Bear Arms Tagged With: , , , , ,

Every law is a threat of violence

December 29, 2012 By Leave a Comment

TAMPA, December 29, 2012 – The new U.S. Congress will convene on January 3rd with two high profile issues to consider. There is zero chance that they will get either one of them right. The debates on both are already framed into a lose-lose proposition for the American people, as are virtually all “debates” on Capitol Hill.

One issue is “How should the right to keep and bear arms be further infringed?” The other is “How much less of their own money should Americans be allowed to keep?”

With a more enlightened populace, there is always some chance that pressure on the legislators could produce a more positive result. However, the gullible American public has already taken the bait that “something must be done” on both issues. “Something” means Congress passing a law, which means the perceived problem will be solved with violence.

Every law is a threat of violence. Americans used to understand that. In their present condition, they are aware of little beyond football on Sunday and Dancing with the Stars during the week. Fat, progressive and stupid is no way to go through life, son.

Government itself is an institution of violence. That’s not an opinion. That’s what it is. That’s all it is. Governments are constituted for the express purpose of pooling the capacity for violence of every member of the community.

Every law promulgates human behavior that is mandated under the threat of violence. It either prohibits certain activity or requires certain activity. Failure to behave as the law proscribes results in violence against the transgressor. He is kidnapped at best, killed resisting at worst.

Putting aside the question of whether this power should ever be invested in a regional monopoly, every society must first answer the question of whether this power should be exercised by anyone at all. Is violence ever justified?

In a free society, there is only one circumstance under which it is. Violence is only justified as a reaction to aggression committed in the past. Murder, assault, and theft are all examples. These justify the use of force against the perpetrator. Consider this statement.

Read the rest of the article…

Filed Under: Constitution, Featured, Founding Fathers, History, Libertarianism, Liberty, Natural Law, Non-Aggression Principle, Political Philosophy, Progressivism, Property Rights, Right to Bear Arms, Thomas Jefferson Tagged With: , , , , , , , , ,

The Newtown tragedy should not prompt a “national discussion”

December 26, 2012 By Leave a Comment

TAMPA, Fl, December 26, 2012 ― Perhaps 21st century Americans are not worthy of liberty. Reason is a prequalification of liberty, and Americans don’t demonstrate the ability to exercise it at all, at least not in a political context. It may be time to admit that a century of “progressive” education has transformed Americans into a herd of dependent, unthinking sheep.

Any person capable of even the most elementary reasoning would immediately conclude that not only shouldn’t the Newtown tragedy prompt a national discussion, but that there is no such thing as a “national discussion” in the first place.

Do Americans really believe that the 300 million people occupying this nation are actually participating in a discussion?

During the Republican primaries, presidential candidate Newt Gingrich often referred to “having a conversation with the country.” I assumed that I was not alone in rolling my eyes. Any lucid person would assume that Gingrich was either delusional, insincere or both to even suggest that any “conversation” he could participate in actually involved the wishes or interests of every individual in the country.

If most Americans believe there is a “national conversation” going on about guns, a reason to have one or even the possibility that one could be had, we’re in deep trouble. This is all just a well-orchestrated show to herd Americans to a place where they will accept being disarmed without raising too much fuss.

The debate is already framed. “Something must be done.” Now “we’re” just bickering about what that will be.

Think for a moment how idiotic this is. It is suggested that we pass a law that affects 300 million people because of the actions of a solitary lunatic. It’s happened before? So what? You could fit every person that has committed a similar crime during the past fifty years into the kitchen of a Greenwich Village apartment. Somehow we’re to believe that the actions of these few have some relevance to the rights of hundreds of millions.

The math doesn’t work.

Yet, this is only a secondary and utilitarian argument for rejecting gun control. The most important is that keeping and bearing whatever arms one wishes is a right, not a privilege. It is not granted by the 2nd Amendment. That amendment merely attempts to ensure that the right it refers to is not violated by the government.

Read the rest of the article…

Filed Under: American History, Constitution, Featured, History, Libertarianism, Liberty, Natural Law, Political Philosophy, Property Rights, Regulation, Right to Bear Arms Tagged With: , , , , ,
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