Every law is a threat of violence

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.

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The Newtown tragedy should not prompt a "national discussion"

TAMPA, Fl, December 26, 2012 ― Perhaps 21^st 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 2^nd Amendment. That amendment merely attempts to ensure that the right it refers to is not violated by the government.

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Merry Christmas: Mary gives birth to a great libertarian

TAMPA, December 24, 2012 ― It’s not a surprise that libertarian themes pervade many iconic Christmas specials. After all, they celebrate the birthday of one of the great libertarians of all time.

In the Gospels, government is exposed as evil right from Jesus’ birth. A paranoid Herod is willing to kill all of the babies in the kingdom to try to eliminate the perceived threat represented by Jesus.

Tax collectors are considered de facto sinners, on a par with prostitutes. Libertarians would consider this unfair to prostitutes, but for the times this couldn’t land better.

Jesus himself doesn’t disappoint, either. From the moment he begins his ministry, he wages a nonstop verbal war against the hypocritical, oppressive, tax-devouring Temple priests. Jews at the time were required to pay annual taxes to the priests and were also expected to come and make sacrifices at the Jerusalem Temple. Of course, they had to buy the livestock for the sacrifices from the priests and deal with the priests’ money changers in order to do that.

That’s why the libertarian from Galilee kicked them out. This would have been considered a revolutionary act.

One can’t help but equate Jerusalem at that time with Washington, DC, an entire city of tax-fed, opulent wealth.

Jesus has no patience for excessive regulation, either. When he encounters a Jewish law that does not address actual criminal activity, he encourages his followers to break it. When the meddling scribes confront Jesus with allowing his disciples to eat without washing their hands, Jesus lets loose with his customary anti-government invective, calling them hypocrites and then instructing “the people” to ignore this idiotic law and focus on not committing real crimes instead. (Mark 7:1-23)

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Feinstein's assault weapons ban would abolish the 2nd Amendment

TAMPA, December 18, 2012 –U.S. Senator Dianne Feinstein has vowed to introduce a bill to ban assault weapons nationwide, similar to existing legislation in California. In doing so, she will effectively abolish yet another of the first ten amendments to the Constitution.

To many, Feinstein’s argument might sound very reasonable. She isn’t looking to ban all guns. “The purpose of this bill is to get just what Mayor Bloomberg said, weapons of war off the streets of our cities,” the senator told Meet the Press.

Having weapons of war on the streets is the whole point of the 2^nd Amendment. The amendment wasn’t drafted to ensure that Americans could hunt. It wasn’t drafted so that Americans could protect themselves, although the natural right to defend one’s life was never as compromised as it is in the modern gun control era.

Like most of the amendments in the Bill of Rights, the 2^nd Amendment was drafted to prevent an abuse of power that American colonists had suffered under the British. The 4^th Amendment was passed with Writs of Assistance in mind. Lexington and Concord inspired the 2^nd.

The left loves to reduce the American Revolution to one issue: taxation without representation. That works for well for their agenda, because they can then say, “Well, you’re represented, so now we can tax the living daylights out of you.”

It wasn’t that simple, of course. There were many long term and short term causes for the American secession from Great Britain. But the straw that broke the camel’s back, the most immediate cause for armed resistance, was the British attempt to disarm the colonists.

That’s why the British marched to Concord. That’s the only reason the colonists cared where they were marching.

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The rights to life and to keep and bear arms are inseparable

TAMPA, December 16, 2012 ― The right to keep and bear arms is not granted to Americans in the U.S. Constitution, nor in the “Bill of Rights.” The right to keep and bear arms is a natural right, inextricably linked to the right to life.

The 2^nd Amendment recognizes this. It does not say that the right “shall be granted” to anyone. It assumes the right already exists and says it “shall not be infringed.”

All rights are negative. We do not have a positive right to anything. Rights merely prohibit other people from aggressing against us. If someone is struck by lightning and killed, we do not say that his right to life has been violated. Neither do we say so if he is eaten by a lion.

No, the right to life is very narrowly defined as the right not to be killed by another human being, other than in self-defense. Obviously, the only way to exercise this right is to defend oneself if attacked. There is no other circumstance in which the “right to life” has any meaning.

Given that an aggressor may have weapons or may simply be a more capable fighter, individuals must be able to arm themselves sufficiently to overcome these disadvantages. That is how they exercise their right to life.

These rights pre-exist government. They exist in what Enlightenment philosophers called “the state of nature,” which is the state without government. These thinkers had different ideas about nature and society, but all agreed on one thing. Self-preservation is the first law of nature.

John Locke’s “Essay Concerning the true origin, extent and end of Civil Government (1690)” inspired the entire American philosophy, according to Thomas Jefferson. Jefferson thought it so important that posterity understand this that he had a resolution passed to proclaim it.

This was due to the important differences between Locke’s philosophy and others. Unlike Rousseau, who claimed that when joining society man had to agree to “the total alienation of all of his natural rights,” Locke said that man entered society to preserve those rights. That’s why the Declaration of Independence says that certain rights are inalienable.

The only rights that man gives up upon entering society is the right to judge his own case in a dispute and to enforce that judgment. These he gives up to the government in return for the superior protection of his life, liberty and property that the government supposedly provides.

However, these powers only pertain to crimes that occurred in the past. The government has no power over the future or the present. It cannot prosecute someone for a crime that he will commit tomorrow and it cannot protect the individual from a crime occurring right now.

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But aren't right-to-work laws also unjust?

TAMPA, December 13, 2012 ― As expected, the reaction to Monday’s column about Michigan’s right-to-work legislation inspired spirited discussion.

Weeding out both praise and invective that were unresponsive to my argument, there was a dissent that had merit. It was the libertarian argument that right-to-work laws also violate the rights of employers and employees to make a voluntary contract. An employer should be free to require membership in the union and/or payment of dues as a condition of employment.

Like most libertarians, I agree with that argument in principle, but one cannot evaluate right-to-work laws in a vacuum.

Right-to-work laws and the Taft-Hartley Act from which they proceed are wholly a reaction to the Wagner Act. The proponents of Taft-Hartley first tried to get the Wagner Act repealed. When the Supreme Court ruled Wagner constitutional, conservatives passed Taft-Hartley. If the Wagner Act were not already law, Taft-Hartley would be both unnecessary and unjust.

However, in the context of the Wagner act, neither is necessarily true. A brief allegory will illustrate.

Employer Smith sits down at the bargaining table with Union Jones. The two discuss potential terms of an employment contract, but are unable to reach an agreement. Jones wants more than Smith is willing or able to pay. Smith gets up to walk away.

Just then, Luca Brasi walks up and makes Smith “an offer he can’t refuse.” Brasi puts a gun to Smith’s head and invites him to sit back down, assuring him that at the end of the meeting, either his brains or his signature will be on a collective bargaining agreement.

Brasi is the Wagner Act.

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Michigan unions say no right to work

TAMPA, December 10, 2012 – Lansing, Michigan is bracing for an onslaught of protestors following Republican Governor Rick Snyder’s indication that he would sign “Right to Work” legislation currently making its way through the state legislature. President Obama and Harry Reid have both joined Michigan Democrats in denouncing the bill.

As usual, both liberals and conservatives are already demonstrating their skewed perception of reality in weighing in on this debate. President Obama told workers at an engine plant outside Detroit that “what we shouldn't be doing is trying to take away your rights to bargain for better wages,” as if the law would do any such thing.

However, Harry Reid surpassed all in obtuseness when he called the legislation a “blatant attempt by Michigan Republicans to assault the collective bargaining process and undermine the standard of living it has helped foster."

Perhaps the senator should ask the residents of Detroit, an entire city laid waste by New Deal union legislation, how they are enjoying the standard of living it has produced.

Libertarians haven’t been able to say this in quite a while, but the conservatives are mostly right on this one, although perhaps for the wrong reasons. 

The only troubling sentiment coming from grassroots conservatives is the animosity towards labor unions themselves. Many seem to believe that the mere existence of labor unions causes economic distortions. Nothing could be further from the truth. Labor unions themselves are not the problem.

Like virtually all human misery, labor market distortions are caused by the government. Specifically in this case, they are rooted in the National Labor Relations Act of 1935 (a.k.a. the Wagner Act).

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