December 15, 2018

The Pledge of Allegiance is Un-American

pledgeofallegianceAn Atlanta, Georgia, charter school announced last week its intention to discontinue the practice of having students stand and recite the Pledge of Allegiance during its schoolwide morning meetings at the beginning of each school day, opting to allow students to recite the pledge in their classrooms instead. Predictably, conservatives were immediately triggered by this “anti-American” decision, prompting the school to reverseits decision shortly after.

The uproar over periodic resistance to reciting the pledge typically originates with Constitution-waving, Tea Party conservatives. Ironically, the pledge itself is not only un-American but antithetical to the most important principle underpinning the Constitution as originally ratified.

Admittedly, the superficial criticism that no independent, free-thinking individual would pledge allegiance to a flag isn’t the strongest argument, although the precise words of the pledge are “and to the republic for which it stands.” So, taking the pledge at its word, one is pledging allegiance both to the flag and the republic. And let’s face it, standing and pledging allegiance to anything is a little creepy. But, then again, it was written by a socialist.

But why nitpick?

It’s really what comes next that contradicts both of the republic’s founding documents. “One nation, indivisible” is the precise opposite of the spirit of both the Declaration of Independence and the Constitution (“under God” wasn’t added until the 1950s).

The government in Washington, D.C., is called “the federal government.” A federal government governs a federation, not a nation. And the one persistent point of contention throughout the constitutional convention of 1787 and the ratifying conventions which followed it was fear the government created by the Constitution would become a national government rather than a federal one. Both the Federalist Papers and the Bill of Rights were written primarily to address this concern of the people of New York and the states in general, respectively.

Read the rest at Foundation for Economic Education…

Tom Mullen is the author of Where Do Conservatives and Liberals Come From? And What Ever Happened to Life, Liberty and the Pursuit of Happiness? Part One and A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.

Dear Queen Elizabeth: Can we come back?

Dear Queen ElizabethDear Queen Elizabeth,

It’s been 239 years and we’re finally ready to admit we made a mistake. Just as your predecessor warned us, taxes are much higher, the government more oppressive, and liberty more non-existent than they ever were under the British monarchy.

We’re willing to bury the hatchet and rejoin the British Empire with that sweet tax deal you had for us in 1775. Don’t worry about representation. We tried it. Taxes skyrocketed.

Everything else we complained about got worse, too. Representative government issues more general warrants than the king’s officers ever did. In most cases, it doesn’t even bother with warrants. It just vacuums up our electronic data and peruses it at its pleasure.

It calls controlling everything from the food we eat to the amount of water in our toilets “regulating trade,” when all King George meant by that was levying a few tariffs. Our Federal Register is over 80,000 pages long. It’s insane.

In short, we were wrong. Let’s just pretend the whole, silly misunderstanding didn’t happen. I know it’s asking a lot, but you seem even nicer than George III was.

We’re willing to pay next year’s taxes at 1775 rates in advance. What say you?

Sincerely,

Your Prodigal Colonists

Tom Mullen is the author of Where Do Conservatives and Liberals Come From? And What Ever Happened to Life, Liberty and the Pursuit of Happiness? Part One and A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.

Thank God the 4th of July is over

TAMPA, July 5, 2013 – Thank goodness the 4th of July is over. For those who believe in freedom, it has become unbearable.

On July 4th, 1776, a written document codifying the resolution passed two days earlier was approved by Congress. It declared to the whole world that thirteen of Great Britain’s colonies were seceding from the union. The document stated the Lockean principles upon which the decision was based and then listed the reasons why secession was necessary.

The modern U.S. government is far worse than George III’s. Today’s Americans not only fail to object, but celebrate its depravity.

Unqualified worship of the military is the most obvious example. Throughout human history, standing armies in times of peace have been the most recognizable characteristic of tyranny.

The 21st-century U.S. government and media invites Americans to thank the military for what little freedom they have left. Despite the complete absence of any cause-effect relationship between U.S. military adventures and the smattering of freedom Americans retain, they enthusiastically comply.

And where is this freedom the government supposedly secured by invading Korea or Afghanistan?

The “irony of the flag-waving masses slouching along in airport lines toward their inevitable date with the total state so that they could celebrate their liberty and freedom” was not lost on Daniel McAdams, but likely is on most Americans. Just watch them laugh and joke with government agents who literally bark orders at them before searching them without probable cause or a warrant.

It’s not just the airport. Any clear-thinking person recognizes the various domestic police forces as an army of occupation, complete with body armor, assault weapons and tanks. Yet, most Americans believe there are not enough of these “swarms of officers to harass our people and eat their substance.” This despite the U.S. having the largest prison population in human history, twice the size of present-day China’s, China’s population being five times as large.

The Constitution assumes law enforcement officers cannot even be trusted to arrest the right person after he has committed a crime. It requires them to get written permission from a judge to do anything. That concept is completely lost on most Americans, who teach their children police officers are their friends and their orders should be obeyed, whether they have been directed by a judge to issue them or not.

The entire paradigm of police officers patrolling the streets and supposedly “preventing crime” is completely antithetical to the principles of 1776. As Anthony Gregory observes, “Although there was plenty to object to in colonial law and law in the early republic, police as we now know them didn’t exist back then.” Nevertheless, conservatives are this institution’s biggest proponents. These are the “small government” people.

The colonists complained that George III’s army was insulated “from punishment for any Murders which they should commit on the Inhabitants of these States.” William Grigg’s blog has documented thousands of examples of the very same tyranny in 21st-century America.

The Declaration cited “transporting us beyond Seas to be tried for pretended offences” and “depriving us, in many cases, of the benefits of trial by jury.” That referred to trying American colonists in public courts in England, sometimes by a judge instead of a jury. Today, the U.S. government transports its subjects to secret prisons all over the world without even bothering to charge them with a crime.

Or, they might just decide to summarily execute you and save the time and trouble.

Modern Americans hold up as heroes the presidents who have helped build this Orwellian nightmare. They revere those who have presided over massive expansions of government power and took their country into hugely destructive and largely unnecessary wars, while dismissing those who presided over relatively free and peaceful periods as “postage stamps.”

Worse yet, they dutifully join the government’s propaganda machine in engaging in the “two minute hate” against Edward Snowden, uncritically parroting the government’s charges of treason, even though no reasonable person could believe what he did constituted “levying War against them [the United States – plural], or in adhering to their Enemies, giving them Aid and Comfort.”

Charged with the same crime George III charged Washington, Jefferson, Adams and Franklin with, for resisting substantively the same tyranny, 21st-century Americans side with the government that spies on them, routinely lies to them, plunders their wealth, controls every aspect of their lives and kills hundreds of thousands of civilians in undeclared wars.

As Johann Wolfgang von Goethe observed, “None are more hopelessly enslaved than those who falsely believe they are free.”

This has never been truer than in 21st-century America on the 4th of July. Thank God it’s over.

Libertarianism, anyone?

Tom Mullen is the author of Where Do Conservatives and Liberals Come From? And What Ever Happened to Life, Liberty and the Pursuit of Happiness? Part One and A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.

>The Natural Law Provides the Answers

>There are many well-intentioned people that invoke the Constitution of the United States when looking for the solutions to what they believe (or are led to believe) are “dilemmas” confronting America today. This results in spirited debates about what the framers of the Constitution might have intended when writing it, in spite of the fact that there are hundreds of essays by our founders that explain what they intended beyond any reasonable doubt.[1] However, establishing the specific meaning of each article or phrase in the Constitution cannot supply the answers to the questions confronting us now. The Constitution is not a philosophical document. It is a legal one. As such, it does not express the philosophy upon which our nation was founded. In other words, it does not answer the question, “What will our government attempt to do?” but rather, “How will our government attempt to do it?”[2]

The answer to the former question, “What will our government do?” or, more precisely, “What should our government do?” is answered by the other of our founding documents, The Declaration of Independence. Some mistakenly dismiss the Declaration because “it does not have the force of law,” which it does not. This completely misses the point. The law is merely the attempt to codify the underlying principles of justice – to put the philosophy into practice. However, it is the Declaration that articulates that philosophy. Like the Constitution, the statements made in this document are clear and unambiguous. While often mistaken for platitudes that are left open to subjective interpretation, each statement in the Declaration of Independence actually has a specific, objective meaning that must be known in order for the whole to be understood.

The very first sentence of the Declaration contains one of its most important philosophical concepts: the laws of nature and of nature’s God. Before one proceeds any farther, it is vital to determine exactly what the law of nature is, for it is the foundation for all that follows. The law of nature is clearly defined in John Locke’s Essay Concerning the True Original Extent and End of Civil Government.

“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…”[3]

Reason is the law of nature that the Declaration refers to. It was reason that allowed Locke and our founders to observe the self-evident fact that all men are created equal, to conclude based upon that observation that they are endowed with certain unalienable rights, and to further conclude that the sole purpose of government is to secure these rights. These were not articles of faith, but reasoned conclusions based upon empirical evidence.

That it was Locke’s philosophy that our founders adopted is also clear. They did not conclude, as Hobbes did, that man should give up his natural rights upon entering society in return for the security that an absolute monarch could provide. Neither did they conclude that man must subordinate his rights to the “general will,” as Rousseau thought necessary for civil society. Rather, they clearly stated, as Locke did, that the purpose of government was to secure our rights.

There are further conclusions that proceed directly from this. First, we do not have “Constitutional rights.” Our rights are neither granted by the U.S. Constitution nor by its first ten amendments, commonly referred to as the “Bill of Rights.” Our natural rights precede the government and the Constitution. The so-called Bill of Rights does not grant rights but rather prohibits certain violations of our rights by the government.[4] The Constitution is a means toward an end: the end of securing our rights. To the extent that it does so it is a useful instrument. To the extent that it fails to do so it is not.

Similarly, we must also conclude that we cannot lose our inalienable rights. The very meaning of the word “inalienable” means that they cannot be taken away, not even by majority vote. Regardless of any Supreme Court decision or new legislation, our rights will not and cannot ever change. No Constitutional Amendment can revoke our rights or grant us new ones. Those rights may be violated by unjust laws, rulings, or Constitutional amendments, but they remain our rights nevertheless. It is appropriate for us to demand that they be respected and it is our duty to defend them, for the exercise of our natural rights is the essence of being human.

Finally, our Declaration answers the question that is ultimately asked whenever our present difficulties are truly understood. “What can I do?”

Our Declaration also answers this question.

“That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”

This also comes from Locke, who wrote,

“…whenever the legislators endeavour to take away, and destroy the property of the people, or to reduce them to slavery under arbitrary power, they put themselves into a state of war with the people, who are thereupon absolved from any farther obedience, and are left to the common refuge, which God hath provided for all men, against force and violence. Whensoever therefore the legislative shall transgress this fundamental rule of society; and either by ambition, fear, folly or corruption, endeavour to grasp themselves, or put into the hands of any other, an absolute power over the lives, liberties, and estates of the people; by this breach of trust they forfeit the power the people had put into their hands for quite contrary ends, and it devolves to the people, who have a right to resume their original liberty, and, by the establishment of a new legislative, (such as they shall think fit) provide for their own safety and security, which is the end for which they are in society.”[5]

Based upon these passages, one might be tempted to conclude that we have no alternative but armed rebellion. To be sure, it is the right of every individual to defend himself by force when his natural rights are violated, for violation of those rights is the definition of the state of war. However, before loading our weapons, we should stop to consider whether our government has truly acted against the will of the people or not. Has it truly acted against our will in establishing massive redistribution programs that violate each individual’s right to property and bankrupts us as a whole? If so, then what of the tens of thousands cheering President Obama as he promised universal health care and the tens of millions who voted him into office? Has our government truly acted against our will in creating and expanding our military empire and tyrannical security/police state? If so, then what of the tens of thousands cheering President Bush and the tens of millions who voted him into office?

In truth, reason should force us to recognize that our government has not become the monster that it is by acting contrary to our will, but by giving us exactly what we have asked it for. As a people, we now openly refer to government as a “provider of services” rather than a “securer of rights.” We have elevated Democracy to an ideal, allowing the majority to grant the government power to violate the very rights that it exists to protect, most consistently property, which is the means of both life and liberty. This was anticipated by our founders, who warned us specifically against the dangers of democracy.

“Wherever the real power in a Government lies, there is the danger of oppression. In our Government, the real power lies in the majority of the Community, and the invasion of private rights is chiefly to be apprehended, not from acts of government contrary to the sense of its constituents, but from acts in which the Government is the mere instrument of the major number of Constituents.”[6]

We have forgotten that the “checks and balances” written into our Constitution were put there to protect us from democracy. We no longer have any concept of what our natural rights are, much less how best to secure them or even that we should be trying to secure them. If anything, we have come to believe that man in civil society has what Hobbes mistakenly believed he possessed in the state of nature – a right to everything, which is why he equated the state of nature with the state of war. Our society now exists in that state of war of “everyone against everyone” that Hobbes described in his state of nature, for most of us believe that we have a right to everything and that we can bring the force of government to bear against our neighbors to secure that right. To engage in armed defense of what we think are our rights amidst such confusion would result in a bloodbath of unprecedented proportions, which is no small statement considering the wars of the last century. As important as rediscovering our true natural rights is the understanding of what we do not have a right to – namely the life, liberty, or property of any other human being.

It is not the majority that determines what our rights are, but it is the majority that makes the laws that are supposed to protect them. We must rediscover our founding philosophy and persuade our fellow Americans to again accept it as our creed, with a written Constitution as its supporting code.[7] For any one of us to regain our freedom, we must “educate and inform the whole mass of the people.[8]” While they are ignorant of the law of nature, they are a force of tyranny that cannot be overcome, no matter how just the cause or how committed the patriot. Once reacquainted with this most fundamental of laws, they are equally irresistible as the “only sure reliance for the preservation of our liberty.[9]” When the inhabitants of America are again guided by reason to reclaim their natural rights and to defend those rights for everyone, we can institute new Government without firing a shot. What could be more progressive than that?

——————————————————————————–

[1] These are, of course, the Federalist Papers and the rebuttals to them called the Anti-Federalist Papers.

[2] Even the preamble, which states “in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense…,” is really a list of objectives, rather than a statement of the ultimate goal.

[3] John Locke Second Treatise on Civil Government Ch. 2 Sec. 6

[4] Neither are the rights specifically protected in those amendments an exhaustive list of our rights. To ensure that there would be no confusion on this matter, the Ninth Amendment clearly states that the “enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

[5] Locke, Second Treatise Ch. 19 Sec. 222

[6] Madison, James to Thomas Jefferson October 17, 1788

[7] This wonderful characterization of the Declaration of Independence as our American Creed and the Constitution as its corresponding Code was suggested to me by my friend and respected colleague, David R. Gillie.

[8] Jefferson, Thomas Letter to James Madison December 20, 1787 Memoirs, Correspondence, and Private Papers of Thomas Jefferson: Late President of the United States Vol. 2 edited by Thomas Jefferson Randolph Henry Colburn and Richard Bentley New Burlington Street London 1829 Pg. 277

[9] Ibid.

© Thomas Mullen 2009

Check out Tom Mullen’s new book, A Return to Common Sense: Reawakening Liberty in the Inhabitants of America. Right Here!

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>A New Declaration of Independence? No You Can’t!

>I knew that there would come a day when I would not just roll my eyes at something our new president said, but instead would be gripped by genuine, cold fear. I thought that at least the traditional honeymoon period would go by (the first 100 days in office – when we would be treated to meeting the new president’s dog, watching him wave during cornball photo ops, and generally doing nothing of real substance) before he said something that truly terrified me. However, if I have to find something good to say about “the savior,” it is that he has certainly hit the ground running. The only problem is that he is trying to get us all running toward our mutual destruction.

In a speech on Saturday in Baltimore, he said words that should be sparking mass protests all over the United States. President Obama has called for “A New Declaration of Independence,” which of course would provide the ideological backdrop for his plans to try to “perfect our union.” So that I am not taking his words out of context, I will quote him verbatim based upon the official transcript provided by his staff.

“And yet while our problems may be new, what is required to overcome them is not. What is required is the same perseverance and idealism that those first patriots displayed. What is required is a new declaration of independence, not just in our nation, but in our own lives – from ideology and small thinking, prejudice and bigotry – an appeal not to our easy instincts but to our better angels.” [emphasis added]

It will certainly be argued that this was just a rhetorical figure of speech, as Obama did not actually call for the drafting of a document. The dreaded words are certainly watered down by what follows them, making the statement seem more like an appeal to each person to make some sort of personal commitment to help make a better world. However, I here and now warn the reader not to write this statement off as just another speech. During his campaign, Obama repeated the words “service and sacrifice” so many times that it is likely that most Americans now feel that service and sacrifice are now required of them. Of course, the questions, “Serve whom?” “Sacrifice what?” and “For whom?” were never answered, but they certainly will be when our new emperor begins dictating policy to his rubber stamp Congress.

It should come as no surprise when we hear these new words from Obama again and again, until one day a story breaks that someone is actually working on a new declaration. Likely we will be told that this person – maybe a Congressman, maybe some other servant of the empire – was “so inspired” by Obama’s ideas that he decided to take him up on this one. It will of course be served up as the spontaneous action of this inspired person, and will be lauded as one of many wonderful results of Obama’s “transformative presidency.” Whether the official story is true or not will not change the disastrous results.

Most Americans reading this would probably wonder why a new declaration would be such a big deal. After all, the original Declaration does not have the force of law. Why would a new one constitute any substantive change?

While it does not have the force of law, the Declaration of Independence is monumentally important. It is not law itself, but the declaration of what the purpose of every law passed is supposed to be. As that document says, our government only exists to secure our individual, unalienable rights. Therefore, we declare in that document that we shall only pass laws whose purpose is “to secure these rights.” Implicit in “the Pursuit of Happiness” is the central, most important right: the right of each individual to the fruits of his labor.

As I argue in my book, this is the right without which no other rights can exist. This was the central theme in Locke’s Second Treatise of Civil Government, which was the direct source for our Declaration by Jefferson’s own (repeated) admission. This was the true reason that our American Revolution was fought. We have ignored this plain fact for too long, as our increasing loss of liberty proves.

Unlike our last president, President Obama does not have the dubious freedom that a more limited intellect can provide. He knows how troublesome the original Declaration is to his agenda. While it still stands as our declaration of what our government is supposed to be doing, it stands in the way of what he wants our government to be doing, regardless of the fact that our government already violates its principles in so many ways.

Like the United Nations “Universal Declaration of Human Rights,” I would anticipate that Obama’s new declaration would grant additional rights to everyone, including a minimum standard of living, healthcare, unemployment benefits, and the rest of the entitlements granted in Article 25 and beyond in the U.N. document. At first, that might seem like a great idea. How can more rights be bad?

The answer is that the price of these new “rights” is the surrender of the most important of the true natural rights – the right to the fruits of your labor. For example, “healthcare” is nothing more than the fruits of the labor of healthcare providers: doctors, nurses, technicians, hospitals, etc. Therefore, no one can have a right to healthcare. If the doctor has a right to the fruits of his own labor, then other people cannot have a right to that same labor. It is a logical contradiction. In order for everyone to have a right to the doctor’s labor, either the doctor – or whoever is forced to pay the doctor’s bills for “everyone” – must give up the right to their labor. No one can have a right to something that someone else must be forced to provide – at least not in a society that wishes to be “the land of the free.”

Of course, I am certainly not the first to point out that the U.N. Universal Declaration of Human Rights was modeled on the Soviet Union’s Constitution, not ours. That is why it grants the “non-rights” that it grants – because it is based upon communist philosophy. Granting everyone a right to the fruits of everyone else’s labor is the definition of communism, and almost all of President Obama’s rhetoric is consistent with it. He never talks about protecting the individual. Instead, he says “out of many, we are one.” We all have a responsibility of service (to the collective) and sacrifice (for the collective). We have no protection from the collective, no matter what they demand out of our labor or out of our hides.

However, our Declaration of Independence stands in the way of all of that. Unlike his predecessor, President Obama is an intellectual and he knows that the Declaration can still provide an impregnable defense against his monstrous plans, if only the American people would rediscover its meaning. Once a new declaration is in place, he can make the argument that the old one is outdated and that “we have all agreed” that “the challenges of the 21st century” demand a different role for our government.” While rights are unalienable and therefore cannot be taken away, they can certainly be violated. A house resolution recognizing a new declaration of independence would provide strong support for just that.

This is a line that our government must not be allowed to cross. From this day forward, each time President Obama mentions a new declaration of independence, our voices must be raised together in deafening unison: No You Can’t! No You Can’t! No You Can’t! (I can’t hear you) No You Can’t!

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