June 18, 2013

Nullification and Secession? Juries can nullify Obamacare and the Drug War with much less drama

TAMPA, December 2, 2012 – For libertarians, the reemergence of ideas like secession and state nullification couldn’t be more welcome. Both are attempts to resist the exercise of arbitrary power, which is power never delegated to the party attempting to exercise it. They should remain the last resort for free people to resist tyranny.

The problem with both remedies is that they provoke confrontation with the federal government. That doesn’t mean they aren’t legitimate tools, but they play into the government’s hands. The government loves war and domination. State nullification and secession give the government the opportunity to employ both.

Using the state government to resist unconstitutional federal laws pits one government against another. Ultimately, it can lead to an armed confrontation between state and federal agents, each attempting to enforce their respective laws. For peaceful freedom lovers, it’s an away game.

Secession brings with it even higher stakes. Although secession is not rebellion, as the seceding state is not attempting to overthrow the existing government, the federal government will say it is. History has taught us that enough people will believe it that the government can justify a war. Like nullification, it’s also an away game.

Jury nullification gives us the home court advantage. There is no enemy that the government can fight its war against. There is no opportunity for violence because none of the government’s edicts are technically violated. Its own rules call for “a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed.”

Fine. The trial was held. The defendant was acquitted. Go pound sand.

History supports this argument. When South Carolina’s state government nullified the Tariff of Abominations in the 1830’s, Democratic President Andrew Jackson threatened to invade the state. When the southern states peacefully seceded in the 1860’s, Republican President Abraham Lincoln did invade.

The results have been different for jury nullification. If you’re drinking a beer or enjoying a glass of wine while reading this article, you’re safe from government goons breaking down your door to a large extent because of widespread jury nullification of Prohibition during the 1920’s.

Read the rest of the article…

Romney-Obama debate as competitive as professional wrestling

TAMPA, October 4, 2012 — The early consensus after last night’s debate between President Obama and Republican presidential nominee Mitt Romney is that it was a win for Romney. That depends upon how you define “win.”

Certainly, Romney came off as more confident in his answers, while the president seemed distracted at times. However, if this was a battle of ideas, then the outcome was about as uncertain as professional wrestling. Anyone who was listening could tell that this wasn’t a real fight. Big government was the predetermined winner the minute that Romney was nominated.

Yes, Romney made a few references to “competition” and “private markets,” as did Obama. But neither of them is interested in giving free markets a try. In that sense, Obama was at least a little more honest, except when he made the ironic statement that “the genius of America is the free enterprise system.”

The first segment concerned the economy and “creating jobs,” something the government has no role in whatsoever in a free market. The only valid government policy to create jobs from a free market perspective is one that stops the government from doing what it’s already doing. Neither man proposed this.

For many decades, the federal government has employed the same ruse in an attempt to centrally plan the economy while at the same time claim it is fostering free enterprise.

Step One: Tax the living daylights out of everybody and everything.

Step Two: Give “targeted tax cuts” to firms in sectors the central planners think should grow.

Continue at Communities@ Washington Times…

Obama Romney debate could be a staring contest

TAMPA, July 16, 2012 – Since this is a presidential election year, everyone is focused on the White House. As usual, this election is being hyped as some sort of crossroads in American history: The American electorate will either choose to make an irreversible turn down the road to socialism or conservatives will save the country by electing a Republican president who will restore the American principles of free enterprise and individual responsibility.

It all makes a pretty good story until one attempts to back it up with tangible evidence: Why is Barack Obama a “socialist?” Why is Mitt Romney different?

The first answer you’d get on Obama from most conservatives is Obamacare. That was virtually the single issue for most Tea Party rallies in 2010. Yet Republicans are going to nominate the former governor who pioneered the same program in Massachusetts. If Obamacare makes the president a socialist, then why doesn’t Romneycare make his opponent one also?

Romney answered that question throughout the Republican nomination debates by taking a states rights position. He had signed a healthcare program into law in Massachusetts that was good for that state, but president Obama had been wrong to impose it upon the whole country.

Why the program is socialist when the federal government imposes it nationally but not when the state government imposes it on its millions of citizens is unclear.

However, that point is moot given other facts that came to light following the Supreme Court’s decision to uphold Obamacare. It turns out that despite repeatedly stating that Obama was wrong to impose the healthcare program on the  whole nation, Romney actually told Obama to do exactly that just three years ago.

Oops.

Continue at Washington Times Communities…

Occupy Wall Street talking gibberish about healthcare

TAMPA, July 5 2012 – Thank heaven for the great Steve Zahn, who in his hilarious turn as Lenny in the Beatlesque That Thing You Do, coined a phrase that applies to nearly every political sentiment expressed here in the land of the free.

“You’re talking gibberish.”

Lenny’s prescient warning against calling the band “The One-ders” was ignored, resulting in the band’s name being universally mispronounced, until it was changed to “The Wonders” by the band’s eventual manager.

The lesson? When gibberish is accepted as reason, bad things happen. The stakes are much higher for healthcare.

There are limitless reactions to the Supreme Court’s decision to uphold Obamacare. Unfortunately, those opposed are also talking gibberish. Conservatives are trying to spin the decision as a blow for limited government because it was rendered by a conservative judge. That’s bad enough. Occupy Wall Street’s argument against the decision is even worse.

At least the left’s opposition to the law, where it exists, has remained consistent. True believers in government-provided healthcare object to the Affordable Care Act because it makes use of private insurers. Occupy Wall Street is 100% correct on one thing. “The law will deliver 20+ million new customers and $447 billion in taxpayer subsidies directly to the private health insurance companies.”

Libertarians couldn’t agree more. The Act is nothing more than a half trillion dollar theft for the health insurance industry. That it benefits big business does not make it a “free market” solution. It’s just more welfare, of the corporate variety, that libertarians oppose like any other forcible redistribution of wealth.

The gibberish comes in when Occupy argues for its solution. Proposing “Medicare for All,” a single-payer healthcare system 100% operated by the government, Occupy makes this statement.

“We believe that healthcare is a human right, not a commodity or a luxury for those who can afford it.”

Gibberish. Why? Let’s think for a moment about what this statement really means. To do that, we’re going to have to define the words used in the statement. The first one is “healthcare.”

Continue at Washington Times Communities…

What’s so important about replacing Obama with Romney?

TAMPA, April 25, 2012 – Now that the Republican Party and the media have decided, in quite Orwellian fashion, that Mitt Romney has won the nomination (even though he hasn’t); the party has ramped up its campaign to unite behind the Republican candidate. Regardless of those “minor differences” supporters of other candidates may have had, nothing is more important than defeating Barack Obama in November. There is only one question that no one is asking.

Why?

The first answer provided by many Republicans is “Obama is a socialist.”

I don’t read minds, so I can’t speculate as to what President Obama thinks. He may silently recite Saul Alinsky while he signs executive orders. He may be wearing Karl Marx Underoos when he reads from his teleprompter. I don’t know (and don’t want to know). We can only judge him on what he’s done. So far, he hasn’t done anything substantively more socialist than George W. Bush.

Continue at Communities@Washington Times…

Everything the government does is a mandate

TAMPA, April 4, 2011 – Despite the drama created by the two days of oral arguments on Obamacare, I’m sticking to my original prediction that the controversial law will be upheld by the Supreme Court.

Let’s face it, if the Court upheld a law limiting the amount of crops that someone can grow on their own land for their own consumption, they’ll find a way to uphold this. Ricardo Alonso-Zaldivar of the Associated Press (AP) provides some of the possible reasoning that the Court may rely on.

The AP article points out that there are many other federal government healthcare mandates already in place. Medicare is an individual mandate. There is no option to “opt out.” Conservatives make the distinction that one is only taxed for Medicare if one has an income, while Obamacare forces you to buy a product just because you’re alive. That distinction is valid, but how what does it really mean?

If you choose not to have an income then you either starve to death or live off previously taxed income. Those living off savings and investments haven’t escaped the mandate. Those assets were acquired by previous income. If you’re living off public welfare, then the tax has simply been paid by somebody else. “Income” is necessary to human life. One cannot consume what one has not produced unless someone else produces it for you. Thus, you either comply with the Medicare mandate or die.

Lost in all of these minutiae is a core principle. Government itself is an individual mandate. You have no choice whether to purchase its services. You have no choice whether to obey its laws or pay its taxes. You either comply or you are dragged away by force or killed while resisting. Americans used to understand this.

Continue at The Washington Times Communities…

Why is health care so expensive? (Washington Times Comm.)

TAMPA, Fl., March 29, 2012 — The nation waits with baited breath while the high priests of the federal government prepare to issue a pronouncement on the constitutionality of the Affordable Care Act, or Obamacare. The legislation purports to make health care more “affordable” by among other things, forcing every soul in the United States to purchase health insurance. It also mandates several other new government interventions into the health care market.

While conservatives are arguing that this represents some enormous crossroads between socialism and freedom and progressives are replying that it’s nothing more than “Medicare for all,” everyone has become distracted from the most important questions. Why is health care so expensive? Why does the price continually rise?

The proponents of Obamacare say that it’s capitalism; allowing health care to be delivered in a free market results in “putting profits before people” and other snappy alliterative slogans. In a word, the problem is the age old progressive boogeyman: greed.

That begs several questions. If capitalism is the problem, then why does the price of computers and cell phones continually go down? Aren’t the producers of these products greedy? Does anyone seriously believe that technology corporations “put people before profits?”

Continue at The Washington Times Communities…

Government Cannot Be Run Like a Business

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 http://www.fee.org/pdf/the-freeman/0805FreemanFolsom.pdf.

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

OWS and the Tea Party: In the Ball Park But Haven’t Found Their Seats

As the 2012 elections approach, there is now a left wing protest movement to mirror the right wing Tea Party. Occupy Wall Street (OWS) and its many offshoots claims to represent “the 99%” of Americans who are not among the richest 1%. Like the Tea Party, OWS sees economic catastrophe ahead if America’s economic system is not fundamentally changed. However, unlike the Tea Party, which places the blame for America’s economic woes on the doorstep of politicians, OWS points the finger squarely at Wall Street – and anyone else that makes enough money to qualify for a “1%” membership card.

It is actually refreshing to see Americans from both sides of the political spectrum interested enough to actually object to something. Whether marching around and carrying signs actually accomplishes anything is debatable. However, the Tea Party has already shown that political careers can be made or ended when enough people get both fed up and organized. While OWS is not as politically organized as the Tea Party was at this point in 2009, it has already made it over the toughest hurdle – getting a critical mass of people off the couch and out into the streets. As labor unions and other left wing special interests get more involved, it is likely that a bona fide political movement will emerge from the present confusion. Like the Tea Party, OWS might even change a few seats on their side of the aisle. But what then?

If the results of the Tea Party Congress are any indication, the answer to that question is “nothing.” Yes, the new Congress made some symbolic statements, like requiring the members to read the Constitution aloud during the opening session. However, when it came to actually advancing their supposed agenda in a substantive way – cutting the size of the federal government and reigning in deficits – not much happened. A proposal emerged to cut $100 billion out of the $1.6 trillion deficit, which would have been meaningless even if it passed. Beyond that, it’s been business as usual inside  the Capitol, with Congressmen from both sides of the aisle continuing to spend money that the federal government doesn’t have and kicking the can a  little further down the road.

Left wing Americans should already know that the electoral process is unlikely to produce substantive change. As the third year of Obama’s presidency draws to a close, there is almost nothing of substance that either his supporters or his critics can point to that differentiates his presidency from that of George W. Bush. Both championed and got passed an expansion of government involvement in the health care system that costs taxpayers about $100 billion per year directly and likely causes distoritions in the health care market that are far more costly than that. Both started a few new wars in the Middle East. Both expanded the federal government’s power to spy on its own citizens. Both passed “sweeping regulatory reforms” that further crippled America’s already weak economy. Both expanded executive power unconstitutionally. Both set new precedents in attacking the Bill of Rights.

However, the similarity between the two that should resonate most  with OWS supporters is this one: both filled their cabinets with Wall Street and corporate insiders and never made a move that those special interests didn’t like. Sure, Obama made some populist, anti-business statements early in his presidency, but when it came to “Change” in the healthcare system, his program turned out to be a half trillion pear year handout to the health insurance industry. That wasn’t exactly what the true believers had in mind, but it was business as usual for corporate-owned Washington.

In short, two hugely trumpeted “revolutions” in American politics – a leftwing  one in 2008 and a right-wing one in 2010 – have failed to move the needle one degree in Washinton, D.C. A lot of articles were written and a lot of television talk shows were provided with material about both, but absolutely nothing has changed. Sooner or later, one has to answer the question: Why not?

The answer is that even the genuine grassroots members from both the left and the right don’t understand what is ailing America. They know something is wrong, but decades of government propaganda bolstered by shoddy education have left most Americans unequipped to figureout what it is. In fact, both the Tea Party and OWS share the same fundamental misconceptions about The Problem.

Both the Tea Party and OWS believe that Republican presidents, especially Ronald Reagan, had somehow created a laissez faire capitalist economy during their presidencies. The Tea Partiers believe that America must get back to Reaganomics, while OWS believes it was the root cause of today’s problems. Both of them are wrong. Neither Ronald Reagan nor George W. Bush signed one bill that substantively made the American economy more laissez faire. In fact, Bush actually signed Sarbanes-Oxley, which he himself called “the most sweeping regulatory reform since the New Deal.” Even what the media called “deregulation” during the Reagan years was mostly regulatory tweaks that were passed under Carter. Tom Woods covers this in detail in Rollback, so I won’t attempt to reconstruct the whole argument here. In short, “deregulation” never happened. It was just one huge, Jedi mind trick, similar to “hope and change.”

That brings us to misconception number two: regulation itself. Both movements misunderstand the relationship between our present corporate economy and government regulation. The Tea Party believes that getting rid of regulations as Reagan supposedly did would “get the government out of the way” of America’s corporations, resulting in huge gains in productivity and employment. OWS believes that more regulations will reign in “corporate greed” and protect the little guy from those same rapacious corporations. Again, both of them are wrong.

A truly unregulated free market would not result in a few, large corporations controlling every economic sector. Nor would it result in most of society’s wealth being concentrated within a small percentage of the population. While no one alive has ever lived under such a system in terms of the entire economy, we have seen it in a particular sector within the last two decades. As Bill Bonner pointed out, the high tech industry existed for a time as an unregulated free market. Did this result in entrenched corporations getting bigger and concentrating even more wealth in the hands of a few? Absolutely not. As Bonner reminds us, “They created an entirely new industry…with new companies nobody had ever heard of. And then, they destroyed some of the biggest businesses in America.”

Government regulation creates barriers to entry for new firms and dampens innovation. In other words, it insulates entrenched corporations from competition, causing the very consolidation and concentration of wealth that OWS objects to. That’s why established corporations never object to new regulations. Why should they? They end up writing the regulations themselves with one thing in mind – protect their position from the competition that would occur in a free market. That’s what makes left wing support for increased government regulation so tragically ironic. It’s like they are rushing to the scene of a fire with a sistern full of gasoline.

The Tea Party purports to favor less government regulation, but they have no idea what the results would be. They, too, do not understand the difference between our present corporatist system and a free market. Were the economy truly deregulated, most of the corporate giants that they hold up as symbolic of the free market would be gone. Only those that could deliver better products at lower prices in the face of unrelenting competition would survive – and only for as long as they could continue to do so. Upward mobility would return. Large fortunes would again be made by “college drop-outs, computer nerds, products of teenage mothers and broken marriages” (Bonner again), just as the misnamed “robber barons” largely came from the ranks of the poor. Conservatives didn’t like that in the 19th century – and they might not like it now, either. But that’s what the free market does. It rewards innovation, productivity, and achievement, regardless of the social pedigree of the innovator.

Neither OWS nor the Tea Party recognizes how economically destructive the gargantuan U.S. military establishment is. There were some left wing protests against the Iraq War during the Bush years, but that is a non-issue for OWS. Now that there is a Democrat running the empire, the left seems to have made its peace with war. The left never objected to the continuation of the decades-long occupations of Europe, Japan, Korea, or the 130 or so other countries that the U.S. government currently has troops in. In purely economic terms, those programs dwarf the active wars.

Of course, support for this trillion-dollar-a-year abomination is a key plank of the Tea Party movement, which is against taking money from one American and using it to buy healthcare for another American, but has no problem taking money from one American and using to (supposedly) buy “freedom” for people in other countries. Not only is this direct transfer of wealth draining America of scarce resources, but it has completely skewed what’s left of American manufacturing towards producing products that don’t increase wealth. Wealth is only increased when products are produced that people voluntarily buy. No one voluntarily buys weapons or the services of military personnel. And those resources in turn don’t produce anything at all.

Both the left and the right view imperialism as somehow part and parcel of laissez faire capitalism. Nothing could be further from the truth. The foundation of capitalism is voluntary exchange. There is nothing that a military force can do under the guise of “protecting America’s vital interests” or “opening up markets for American companies” that has anything to do with capitalism or voluntary exchange. Even if an army really did influence people in other countries to trade with American companies, that would not be capitalism any more than Fannie Mae or Freddie Mac influencing people to take out loans was capitalism. When it’s not voluntary, it’s not a free market. Whatever its true purpose is (and there are a lot of theories about that), the U.S. government’s massive military establishment is just another large, bankrupt government program.

However, the most harmful misconception that OWS and the Tea Party share is not really a misconception at all. It is the failure to recognize the most destructive element in the American economy – the Federal Reserve. The failure of either movement to make the Federal Reserve a priority or even acknowledge its existence explains many of the other misconceptions. Both the artificial booms that each attribute to their presidents of choice – Clinton for liberals, Reagan for conservatives- and the inevitable busts that each blame on  presidents of the other party- Carter and Obama for conservatives, Bush 1 and Bush 2 for liberals – can all be traced back to the predicable results of Federal Reserve monetary policy. Even if all of the other economic interventions were eliminated and this one intervention were left in place, most of the economic problem would still exist.

The Tea Party claims to oppose Obama’s “socialism,” but fails to see the Federal Reserve as a fundamentally socialist institution. Its stated purpose is to transfer wealth from one individual or group to another at the direction of central economic planners. It doesn’t get much more socialist than that. A few conservatives might object to the way that a particular Fed chairman conducts the business of the Fed, but almost none object to the Fed itself. Yet compared to the transfer of wealth that occurs when the Fed inflates the currency, all of the U.S. government’s welfare programs combined pale in comparison. Since the Fed transfers wealth to Wall Street and corporate America, one might understand their reluctance to oppose that aspect of it. But what about a small group of government hacks attempting to direct the entire economy? If that’s not “socialism,” then what is?

OWS is similarly disinterested in the Federal Reserve, even though it exists to transfer wealth from the 99% to the 1%. For both groups, ignorance is probably the majority of the problem. The Fed has managed to stay out of the spotlight for most of the past century, taking the credit for supposed recoveries and avoiding all blame for the business cycle itself. Yet, even if it did what it purported to do, it should still be Public Enemy No. 1 to both OWS and the Tea Party. Until most Americans understand how destructive this institution is, no amount of “reform” is going to make our economic problems go away.

So, the next election will be influenced by two grassroots movements committed to solving America’s problems. One says that the problem is government. They are right. The other says it is corporations and the financial elite. They are also right. As a friend of mine likes to say, both groups “are in the ball park, but they haven’t found their seat.” One can only hope for a moment of clarity on both sides. If they could only see things as they really are, they’d be marching side by side.

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

© Thomas Mullen 2011

Remarks to the Punta Gorda Tea Party July 3, 2010

I would like to thank the organizers of the Punta Gorda Tea Party for giving me the opportunity to come here today and speak to you on this joyous occasion. I say “joyous occasion” because I suspect that everyone of you, like me, has at sometime in the past imagined that he or she was the only person in the world who understood that our liberty was in jeopardy, or who cared enough to do something about it. Yet, today, although the danger has never been greater, there is joy in my heart, as I hope there is in yours, because of what this movement has made plainly obvious: we are not alone! In fact, to paraphrase words attributed to Japanese Admiral Yamamoto after the attack on Pearl Harbor, I believe that those who would dare to attack our liberty have merely awakened a sleeping giant.

I would like to take just a few moments to reflect upon the meaning of that which we fight for, to share a few words from those who established this land of liberty, and to humbly suggest to you an idea to carry forward in this sacred fight. I want to start with the question that I began my first book with, which is, “What is freedom?”

234 years ago, a man named Jefferson answered that question for us. I would like to share a few passages from Mr. Jefferson’s favorite philosopher. This man’s writing was so important to Jefferson that he actually had a resolution passed that said,

“Resolved, that it is the opinion of this Board that as to the general principles of liberty and the rights of man, in nature and in society, the doctrines of Locke, in his ‘Essay Concerning the True Original Extent and End of Civil Government,’ and of Sidney in his ‘Discourses on Government,’ may be considered as those generally approved by our fellow citizens of this, and the United States.”

I share this with you not to make some theoretical or academic point, but because the ideas Jefferson refers to have the utmost relevance to the struggle we find ourselves in now. Let me read to you the opening words of the essay by John Locke that Jefferson cites:

“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.”

“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…

You no doubt recognize that this was the source of those famous words, “We hold these truths to be self evident – which means that no proof is required, for these truths can be directly observed in nature – that all men are created equal, that they are endowed by their creator with certain unalienable rights.”

I wanted to read those passages from Locke because they contain a very important point. Our natural liberty is not the license to do anything we wish. We must exercise our will “within the bounds of the law of nature.” But what are those bounds? What is the law of nature?

Locke tells 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.”

So, natural liberty is the right to order our actions AND DISPOSE OF OUR POSSESSIONS as we see fit, as long as we do not harm another person in his life, health, liberty, or possessions. Libertarians today call this “the non-aggression principle,” but it is really the principle of natural liberty itself. It is the fundamental, founding principle of the United States. It is vitally important that the connection between liberty and non-aggression be understood, for it is upon this foundation that the limits on government power rests.

Jefferson confirmed this many times over the course of his life. Whenever he was asked about the role of government in a particular matter, he consistently applied the non-aggression principle. In a letter he wrote in 1816, he said, ““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.”

Of religious freedom, Jefferson wrote, “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.”

On another occasion he wrote, “But rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add ‘within the limits of the law,’ because law is often but the tyrant’s will, and always so when it violates the right of an individual.”

There are many more quotes just like these that I could read, but the point is made. You may ask yourself, “what does this have to do with Obamacare or any of the countless other present incursions into our liberty?” The answer is this: the reason that Obamacare violates our liberty is because it violates the non-aggression principle, which is liberty.

Now, I want to stop here to draw a crucial distinction. Non-aggression is not pacifism. While the principle of liberty forbids us to initiate force, we have a right and a duty to defend ourselves with force, if necessary, against those who commit aggression against us. And so, in order to secure our rights, we delegate this individual power to government – making government the societal use of force. It is also crucial to remember that all government action is backed by the force of arms. When we make laws, they must be followed or he who breaks the law will encounter that armed force. This power comes from us, from each individual – from our right to use force in self defense. However, we cannot delegate a power to government that we do not possess individually, and so the limit on government power is the same as the limit on individual power: that force may only be used in defense against aggression. When government is kept within this limit, its people are free. When it goes beyond this limit, even if the intentions are good, it is initiating force against its people and we call this tyranny.

When one person steals the property of another, we employ the societal use of force – government – to compel that person to make restitution and to accept punishment for the crime. This is consistent with the non-aggression principle. We call this justice.

When a foreign nation attacks us, we employ our military to defend our lives and liberty with force against that nation. This, too, is consistent with the non-aggression principle.

However, when the government makes a law that says that one person must pay the medical bills of another, or purchase a product that he does not consent to purchase, then it is the government that is the aggressor. It is the government that initiates force against someone who has not committed aggression himself. This is a violation of the non-aggression principle – a violation of liberty – and that is why it cannot be tolerated by a free people. No law written by men can violate the law of nature.

I respectfully suggest to all of you that this be the measuring stick against which you judge all acts of government, from its economic policies, to its criminal law, to its foreign policy. It was the non-aggression principle that our founders used to determine the limits of government power. It is the founding principle of our nation. Once you apply it, you will find that our government has violated our liberty for many decades. This has happened under Republican and Democratic rule. At home, it is characterized by the massive redistribution of wealth, not just for welfare for the poor, but for bankers on Wall Street, for farmers, for scientists, for educators, and for every one of us in programs like Social Security and Medicare – all of these are violations of our liberty that we must begin talking about responsibly phasing out, if we are to regain our freedom.

The violation of our founding principle extends to our foreign policy as well, for we fight wars with nations that have committed no aggression against us. This is a threefold violation: against the people of the nation we attack, against the soldier whose life is risked or sacrificed unnecessarily, and against the taxpayer who is forced to pay for it at the point of the same gun that compels him to pay for Obamacare.

Now, I know that the Tea Party movement strongly supports our troops and so do I. God help us if we ever become a nation that does not honor the men and women who walk in front of bullets to preserve our liberty. However, it is not the soldier that takes us to war. He does not make that decision – not because he is incapable of it – but because for a limited time while he serves, he pledges to follow the orders of his civilian leaders about where he will go and whom he will fight. By doing so, the soldier places a sacred trust in those leaders that they will call upon him to fight only when our lives and liberty are truly in danger.

Now, let me ask you one question: Do you truly believe that those same civilian leaders who have given you Obamacare, the Community Reinvestment Act, Fannie Mae, Amtrak – all of which are failed and bankrupt – were suddenly competent when they made decisions about taking us to war? I will suggest this to you: it is not merely incompetence, but a deliberate violation of our founding principle for the purpose of acquiring power that has informed all of their decisions. Remember that Washington, Adams, and Jefferson spent their entire presidencies trying to keep our country out of foreign wars. As James Madison said, “No nation could preserve its freedom in the midst of continual warfare.”

My friends, we are in a struggle for the greatest idea that the world has ever known: freedom. You, the Tea Party, are being attacked by the established powers with every weapon at their command, and for one reason only: they are afraid of you. They know that their power over you requires your continued consent and you are no longer willing to be governed without it. I ask you to remember the meaning of that great principle of liberty, the non-aggression principle, and apply it objectively to everything that our government does. You will find that most of what it does today violates that principle. In other words, even after we get rid of Obamacare and send this president and Congress job hunting, we will still have a lot of work to do. It will not restore our liberty to vote out those who commit one form of aggression and replace them with people who will merely commit another. We must select representatives from amongst ourselves who will accept the natural limits of their powers or we will be no freer than we are now. But I am joyful today because we the people have that power. We have slumbered for decades, but we slumber no more. The sleeping giant is awake and we are going to win.

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

Home

© Thomas Mullen 2010