“To Throw Off Such Government” 12/28/2009
![]() by Russel D. Longcore, DumpDC “But when a long train of abuses and usurpations, pursuing invariably the same object evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security.” Thomas Jefferson, Declaration of Independence, 1776 Jefferson wrote that the People had a duty to “throw off” a despotic government. “Throw off.” That sounds to me like a somewhat unfriendly separation. It doesn’t sound particularly cordial. It also makes me think that the throwee ain’t exactly thrilled about getting thrown off and might take exception to the decision of the throwers. The quote above is only once sentence from the Declaration of Independence. But it is one of the most seminal thoughts and principles of the document. Let’s take it apart and consider its words, their meanings, and the consequences. “…A long train of abuses and usurpations…” In 1776 that was the caprice of King George III as he and his Parliament created laws that affected the colonies in ways that did not affect any other Englishmen. Those laws included the Stamp Act, various taxes and tariffs, prohibitions on imports and exports, more and more taxes, Redcoats patrolling American streets, the suspension of habeas corpus, and requiring those charged with crimes to travel back to England for trial. Today, Washington has ignored the strictures of the Constitution of the United States, and has done so for over a hundred years. It violates the First Amendment. There are plenty of laws that abridge free speech, not the least of which is the Patriot Act. It violates the Second Amendment by enacting laws and regulations infringing on the rights of the people to keep and bear arms, simultaneously destroying the militia and making citizens less safe and states less secure. It violates the Fourth Amendment through internet surveillance, airport searches and warrantless searches. It violates the Fifth Amendment by rendition of American citizens without due process and IRS double jeopardy prosecutions. You also are compelled to be a witness against yourself every time you sign your tax return. It violates the Sixth Amendment as no one gets a speedy trial. It violates the Seventh Amendment when it does not protect the right to jury trial, but allows judges or administrative bodies to adjudicate cases. It violates the Eighth Amendment as excessive bails and fines are imposed regularly. It violates the Ninth Amendment as it ignores certain rights retained by the People. It violates the Tenth Amendment by accruing to itself powers not delegated to it, and others reserved to the States and the People. Need I go on? There are seventeen more Amendments. “…pursuing invariably the same object…” What was that object? The object was to milk the maximum revenue from the colonies as possible. England had won the Seven Years War from 1756 to 1763 and were heavily saddled with war debt. So the more taxes and tariffs that King George laid on the colonies, the more the colonists rebelled. Then, the King made still more laws to bring the rebels to heel. Washington’s object today is much the same. It has a crushing war debt as well as a crushing domestic debt load. Then add the mind-boggling financial liabilities, like Social Security, Medicare, Medicaid, Freddie Mac and Fanny Mae and the total comprises nearly 1000% more than the entire Gross Domestic Product of the USA. Then consider the ramifications of laws like The Patriot Act. “…evinces a design to reduce them under absolute despotism…” To evince is to show clearly. Colonists could see clearly that King George’s taxes and laws, designed only for the colonies, were a design to reduce their rights as free Englishmen and confiscate their wealth without due process. Today’s long train of abuses and usurpations coming from Washington evince a design to accomplish the same objects by turning the Constitution on its head. The Federal Government of the USA started with very limited roles and clear restrictions. Washington’s design has been to acknowledge no restrictions on its power and to accomplish anything it desires. “…it is their right, it is their duty…” American citizens may have rights that they do not exercise. But that is different than duty. Many Americans consider that military service is a duty, and there is nothing in the Constitution that states anything of the sort. But find me a person who argues with the content of the Declaration of Independence. If you run into a person who is against secession, show them the Declaration and see what they do with fulfilling their duty. “…to throw off such government…” The process of state nullification does not throw off government. It merely attempts to control the actions of the government, and to nullify its unconstitutional laws while staying a part of the whole. Throwing off such government can only mean secession, which is the act of withdrawing formally from the United States of America. “…and to provide new guards for their future security.” To explain this, we return to the Declaration for another quote: “whenever any form of government becomes destructive to 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.” For the People to provide new guards for their future security can only mean to institute new government. That precludes and omits any continuing relationship with the old government. That means secession. State secession is the only reasonable, logical and pragmatic solution to overcome the absolute despotism and criminal tyranny pouring out of Washington, DC. Merry Christmas from AmericanTusk! 12/25/2009
![]() by: Garry Reed Is libertarianism growing around the world in spite of the political dominance of its antithesis, big government socialistic type regimes everywhere? A blog in the UK publication New Statesman titled "Twitter and libertarianism" proclaimed on Wednesday, "Libertarianism is the ideology of the future judging by the new Prospect/YouGov poll on the "twitterati". The survey, the article claimed, "found that Twitter users are more concerned with civil liberties than the public at large." But the article mentions only one other example from the poll; that while 57 percent of the public believe that increasing anti-terrorist police powers is more important than protecting civil liberties only half of British Twitters agree. Prospect, the monthly UK magazine behind the poll, admits in its recently released, November edition that the "national poll of 2000+ people" conducted with pollster YouGov is "part of a fun feature about the politics of Twitter." Typical for British politics, libertarianism is referred to in "liberal and civil libertarian" terms. For example, the magazine created a scale from their findings that placed Twitter users on the "More Liberal" end, far removed from the conservative "More Authoritarian" end of the scale. Prospect quotes its own managing editor as saying, "It is clear that the urban, metropolitan, Guardian-reading ‘chattering classes’ have flocked online to become the ‘twittering classes’ —and they are now a real force in British politics.” Just a few weeks ago back in the USA David Boaz was writing about a recent Gallup poll in the Cato@Liberty blog: "Gallup often asks people how they describe themselves. But sometimes they classify people according to the values they express. And when they do that, they find a healthy percentage of libertarians." What Gallup found was that 23 percent of the voting-age population identifies itself as "libertarian." But "libertarian" is more than just politics. It's a social, philosophical, intellectual, economic, and ideological movement that may or may not translate into votes, especially into Libertarian Party votes. Beyond the polls is anecdotal evidence of libertarianism's increasing popularity and acceptance in the United States. Boaz, again writing in cato@liberty, noted that on the same Monday night in the relatively small Washington DC area Reason.tv held an event that launched its new “Radicals for Capitalism” series of videos celebrating Ayn Rand’s continuing influence, the Future of Freedom Foundation and the George Mason University Economics Society sponsored a lecture by Lawrence W. Reed, president of the Foundation for Economic Education, and "an overflow crowd" attended the screening of a new film, "The Soviet Story," at the Cato Institute. As Boaz put it, "It’s got to be a sign of growth and health if the libertarian movement is offering three excellent programs on one Monday night in one area." Stories like these over the past year prompted the Dallas Libertarian Examiner to ask, "Gen Y - the Libertarian Generation?" CampusProgress.org noted earlier this month that while young people voted overwhelmingly for Obama, "the other candidate who captured the hearts and minds of youth voters was Ron Paul," the erstwhile conservative-libertarian-Republican candidate for president in 2008. They also report that Students for Liberty, a network of “pro-liberty student groups” comprising College Libertarians, Austrian economists, and Objectivists is the fastest growing libertarian student organization in America. Is libertarianism the ideology of the future? Statistically and anecdotally, so far so good. ![]() by: Garry Reed While many libertarians decry the use of "litmus tests" to determine people's libertarian credentials, many have to ask: How libertarian can former New Mexico Governor Gary Johnson be if he won't even mention the word "libertarian" on his website? Independent Political Report (IPR) announced that, "Johnson has launched a new campaign organization to promote libertarian policy issues and back libertarian candidates for public office." But without once mentioning the word "libertarian?" IPR mentions the ongoing speculation that "he may run an anti-establishment Republican presidential campaign with significant support from libertarians in 2012, a la Ron Paul." But without once mentioning the word "libertarian?" A person can go to Johnson's new website, Our America, punch up every one of his web pages and perform a search on the word "libertarian" and never get a hit. Maybe, if a person wanted to watch and listen to every video on the website, the word might pop up in conversation at some point. Or maybe not. Unfortunately, the same can be said for the website of Congressman Ron Paul, 14th District, Texas. Pop open every page and the "L" word never appears in the text. Paul's son is no different. Rand's campaign website, Rand Paul U.S. Senate 2010, is large, full of text and videos, and covers a lot of political ground. He wants folks to donate money and time and effort, but he never explicitly admits to being even a little bit "libertarian" in the written prose anywhere on his site. Wikipedia says, "Jeff Flake is known as one of the more libertarian House Republicans." But that's Wikipedia. What does the man's own website, Congressman Jeff Flake, have to say? As with the others, the libertarian word is a no-show. However, under the "Buzz" header there's a link to a Reason blog article that begins with the sentence, "In the Washington Examiner, John LaBeaume writes up a kerfuffle between two of the rootin-tootinest libertarian members of Congress, Reps. Ron Paul (R-Texas) and Jeff Flake (R-Ariz.)." But the teaser text on Flake's website begins at the end of that sentence with "Reps. Ron Paul (R-Texas) and Jeff Flake (R-Ariz.)." Suspicious, slighted, and/or paranoid Libertarians need to ask: Was it purposely done that way to prevent the "libertarian" word from showing up on Flake's website? Typically, there are three reasons why a mainstream "Libertarian-Republican" politician won't mention libertarians. Either they're embarrassed to be associated with libertarians, afraid any mention of libertarians might scare away conservative Republican votes, or they're just not all that libertarian. There's really little doubt that these particular politicos are by far more libertarian than any other mainstream politicians in America, so apparently they're just so embarrassed by their hick Bubba libertarian half cousins that they want to keep them in the closet like a redheaded bastard stepchild. But don't forget: they still want libertarian's money, time, and effort. These 'Clauses' Don't Give; They Steal 12/21/2009
![]() by: Kent McManigal The Constitution has fatal flaws. The "general welfare clause" and its equally twisted sibling: the "(interstate) commerce clause", have become the goose that lays the golden egg, for government at least. But that egg gets cracked open while government keeps the gold shell and dumps the radioactive yolk on the denizens of America. Most people have noticed that government uses those two "clauses" to get away with any new violation of individual rights that they dream up. A favorite use is overriding more reasonable local "laws" that are not in line with the federal government's agenda. Notice the uproar over medical marijuana laws and the firearms freedom acts recently in the news. It has been argued that the way those clauses are misused is not in line with "original intent", so we shouldn't blame the founders or the Constitution. Maybe, but does it matter anymore? If a burglar steals your bread knife and uses it to cut off the head of someone in the next house he invades, do you say that he can keep the knife but that he just needs to only use it to slice bread from now on? No, you take the knife from him and shoot him if he resists. So it is with the misused clauses. These clauses have become like machine guns in the hands of drunk and angry teenagers with knowledge of where to steal all the ammo they could ever want, while the local population is disarmed, bound, and gagged by the teens' parents. The difference is that these teens and their parents are worshiped by a large percentage of the population and these "tools" they wield have been misused, more so than any real gun has ever been, leaving a legacy of massive socialism and the resultant death, destruction, and economic ruin. These clauses need to be taken away now, permanently, and restitution from the pockets of individual government employees should be made to all injured parties. ![]() by: Michael F. Cannon The Hill’s Congress Blog asks, “Will the Senate pass a health care reform bill before it adjourns for the year?” I answer: It’s not looking good – nor should it. The Reid bill becomes less popular with each passing day. (So too does President Obama’s handling of health care.) CBS News is reporting that Reid wants to hold a vote before Christmas because he doesn’t want senators to go home and hear from their constituents. Reid has been systematically suppressing a complete cost estimate of his bill. Reid’s manager’s amendment will make unknown, countless, and dramatic changes to that 2,074-page bill – and Reid wants to vote on it before anyone knows what those changes are. Even Max Baucus admits that not a single senator understands the Reid bill. Our federalist system, the separation of powers, our bicameral national legislature, six-year terms for Senators, staggered Senate elections, and the Senate’s procedural rules all exist precisely to prevent what Reid is trying to do: ram a sweeping piece of legislation through Congress without due consideration. by: Eric Dondero Yesterday, our conservative friends at Jumping In Pools blog, reprinted my article in full, "RLC vs. LP," from Monday (scroll down a few articles). This is an excerpt from one of their writers, "Mr. K.": Eric Dondero at the Libertarian Republican posted an interesting article last night, which deserves more attention, and a Conservative response. The Libertarian Party serves almost no use, except to deprive Republicans of votes, and to serve as a soapbox for supposed Republicans, who just want to see the destruction of National defense from our platform. In the end, it is best to go with Republicans, because Libertarians will never win, and voting or supporting such a lost cause, is not worth it.My Response: Firstly, not all Libertarians are Anti-Defense. In fact, a very large segment of us are staunchly Pro-Defense, even within the Libertarian Party. For example, in 2003, at the start of the War in Iraq, then LP News Editor Bill Winter conducted an internal poll of Libertarian membership. He found fully 40% of LP members supported the invasion. Yes, the LP is a lot less Pro-Defense than it once was, but that's only because the vast majority of Pro-Defense Libertarians have left the Party, and joined the Republican Liberty Caucus. Secondly, to say that "Libertarians never win elections," is completely inaccurate. By some estimates 400 to 500 Libertarian Party members currently serve in public office nationwide. Just last week we here at LR reported on a Libertarian who won election to the Cedar Falls City Council in Iowa. Two weeks before that, in the off-year elections Nov. 3, 11 Libertarians won office nationwide, including Dan Halloran to the New York City Council. In fact, that's more elected officials than any other third party in the US. Over the years, 10 Libertarians have been elected to State Legislators in Alaska, New Hampshire, and Vermont. And for the record, Congressman Ron Paul of Texas is a Lifetime Member of the Libertarian Party, a dual Party Republican/Libertarian. (Sort of like Lieberman is both an Independent and a Democrat). Yes, for practical purposes the RLC is best. But without the Libertarian Party, we Libertarian Republicans would have no "safety valve," nowheres to escape if the GOP were to become too statist like the Democrats. The LP serves as our insurance policy. And I for one, am very glad they're around. A Left-Eye-View of Tea Party Parentage 12/15/2009
by: Garry Reed Libertarians generally take it as a point of unquestioned fact that the Tea Party movement was a grassroots uprising begun at the local level by libertarians and later co-opted by the Republican Party. But the left-eye-view can't seem to figure out who started or co-opted what from whom or what the difference is between a libertarian, a conservative, and a Republican. A pair of Huffington Post pundits, Alex Brant-Zawadzki and Dawn Teo, teamed up to produce "a multi-part series, Reading Tea Leaves" which attempts to untangle the Tea Party beginnings and expose its political ambitions for 2010. (The left-eye-viewpoint is derived from Brant-Zawadzki's bio, which says he became politically active "after being selected as an Obama Organizing Fellow by the President's election campaign," while co-writer Teo's résumé includes a stint as PR director of the United Steelworkers Association Rescue American Jobs campaign before "officially joining the Democratic Party in 2007.") In Part 1 of their Reading Tea Leaves trifecta, the pair identifies Eric Odom as "the man most often regarded as the founder of the Tea Parties." They then tell a tangled tale of how Odom left the Republican Party, joined the Libertarian Party, rejoined the Republican Party, and along the way "effectively hijacked" a Facebook Tea Party group created by the Libertarian Party of Illinois and launched his own Tea Party movement. The Tea Party, in this version, was founded by a Republican-Libertarian-Republican hijacker. But wait. In Part 2 of the tale we're told that Eric Odom wasn't the only Tea Party procreator. "The Fund put up a petition" on the same day as Odom's hijackery "inviting members to sign up" to support the Chicago Tea Party. "The Fund" refers to the "Political nonprofit American Future Fund and its associated PAC, led largely by former GOP staffers and operatives." The timing suggests the makings of another Great Rightwing Conspiracy, although the authors don't take to the bait. In Part 3's accounting, one line in particular leaps out at libertarian readers: "From day one, well-funded libertarian groups have been commandeering the Tea Party movement for electoral gain." This is a shocker. What libertarian has ever heard of a "well-funded" libertarian group? But the salient question is, if the Tea Party was originally created by libertarians (the Illinois LP) how can libertarians "commandeer" their own movement? But Alex Brant-Zawadzki, in a follow-up article under his own byline, discovered yet another Tea Party progenitor: David Koch. "Koch claims to have founded the Tea Party movement," says Brant-Zawadzki, "at an October conference held by Americans for Prosperity."* Koch, the ninth richest man in America, is indeed sugar daddy to countless conservative and libertarian groups, including libertarian's two iconic organizations, the Cato Institute and Reason Foundation. Thus, since Koch and Cato and Reason are seen by many hardcore libertarians as little more than mainstream libertarian-leaning conservatives, a case might be made that the "real" libertarians who founded the movement are trying to take it back from the soft, mushy "libertarian-lite" Republican conservatives. Still, what happened to Tea Party founders Eric Odom and the American Future Fund if billionaire David Koch is the real Founding Father of the Tea Party movement? Which maybe means that even a lot of putative "libertarians" can't tell the difference between a libertarian, a conservative, and a Republican. *NOTE: These quotes mysteriously appear only in a cached version of the article and can be found by searching the line, "Koch claims to have founded the Tea Party movement." Where Is The Shadow Government? 12/14/2009
![]() by: ShoutBits This week, the EPA extended its reach into every aspect of every American's life. Relying on shaky research and logic, the EPA declared CO2 and other gasses a public health hazard. Never mind that the plants, animals, and people the EPA seeks to protect have all lived through natural climate changes greater than any foretold by climate models. Even if global warming is real, the direst predictions are of economic disasters. Droughts, storms (or lack of storms), rising sea levels, are all things that ecosystems have dealt with for millions of years. While some scientists think global warming will cause human suffering, it is not expected to affect the health of the environment (not even polar bears). Why, then, did the EPA decide to regulate everything everyone does every day? Because they can; while flippant, there is no better explanation. The EPA, along with a host of other agencies, is an expert agency that Congress gave a broad and permanent mandate. Better still, for the EPA, its status as an expert agency gives it the presumption of authority. In other words, citizens cannot simply prove the EPA is wrong based on the facts it used. Those who object to the EPA's mandates must do more than prove the EPA is wrong, they must prove that it acted in an arbitrary and capricious manner. Arbitrary and capricious are code words from a Supreme Court case that essentially gave expert agencies the right to be as wrong as they want, so long as they explain their reasoning for their wrongness and are not haphazard. Better still, for the EPA, on the rare occasion when its decisions are reversed, the EPA is given ample time to rewrite its rules to be less arbitrary and capricious, yet have the same practical effect. In short, the EPA, along with the FCC, OSHA, the NLRB, and many others can do whatever it likes so long as its actions have a tangential connection to its mandate. The real shadow government is the endless sea of regulators who answer to nobody as they grab more and more power. Voters might rightly ask who gave these agencies such power. Who voted for the EPA's rules? Where is my say? Who can control these people? All the rights of participation that would check abuses like the EPA's regulation of carbon have been surrendered or muted by a willing Congress. Congress, especially Democrats, like to wash their hands of unpopular decisions by punting to a faceless bureaucracy. Democrats know that Washington bureaucrats are overwhelmingly leftists who can be trusted to advance a socialist agenda. In effect, by giving sweeping and open ended authority to the likes of the EPA, Democrats are advancing their agenda without paying much of a political price. Consider carbon regulation. Democrats have failed to pass a cap and trade bill, despite a nearly insurmountable super majority. The EPA stepped in to do their dirty work, yet should a future Republican majority vote to strip the EPA of its powers, the Republicans will pay a political price for doing so. Not only does the EPA give Democrats political cover, it forces Republicans to expend limited political capital to fight a battle the Democrats should have been forced to fight themselves. Brilliant! Every day, a million unelected do-gooders go to work and try to remake the US into a socialist nanny state. There are far too many new regulations each year to address them all. From how warm your house will be at night to the shape of the sidewalk down on the corner, unelected expert agencies are there to interfere. There is an answer, though. Congress is not permitted to delegate its spending authority (the recent court ruling forcing Congress to fund ACORN notwithstanding), and must vote each year to enable every agency's programs. Congress can simply defund rogue agencies like the EPA. Even a minority party can affect the EPA's overall funding, and rest assured the EPA will get the message. So the next time a faceless regulator tries to ruin your life, ask your Congressman why he voted to increase that bureaucrat's budget. ![]() by: Ilya Shapiro That’s the title of a Wall Street Journal article detailing the latest idiocy to come out of our immigration system. It seems that if you’re a musician trying to get a visa to perform in the United States, you have to prove to some bureaucrat’s satisfaction that your music either is “culturally unique” or has “achieved international recognition and acclaim.” (Query: Does the Department of Homeland Security now require immigration caseworkers to have degrees in musicology or fine arts?) The article chronicles the various travails of performers who are either so innovative — perish the thought! — as to not fit into an easily defined cultural category or haven’t yet reached U2-like levels of popularity. Reads one denial: “The evidence repeatedly suggests the group performs a hybrid or fusion style of music … [which] cannot be considered culturally unique to one particular country, nation, society, class, ethnicity, religion, tribe or other group of persons.” Reads another: “Being internationally acclaimed is not equivalent to performing on stages overseas.” You can’t make this stuff up! It reminds me of my own immigration plight – which ended happily earlier this year — whereby I shot myself in the foot by, among other ridiculous things, getting my education in the United States instead of acquiring legal expertise abroad (at lesser institutions, making myself less valuable to the U.S. legal market). I’ve heard some talk that Congress will take up immigration reform after it finishes with health care, though I can’t imagine that happening in an election year. In any event, I’ve long believed that our immigration non-policy is the worst part of the U.S. government (which should say something, coming from someone at Cato). |








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