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Showing posts with label States Rights. Show all posts
Showing posts with label States Rights. Show all posts

Sunday, April 5, 2015

This Simple Mistake Got A Veteran’s Guns Confiscated – And It Could Happen To You


Image source: HuffingtonPost
 
A judge has stripped a disabled veteran of his Second Amendment rights because of unsubstantiated allegations made by a neighbor.
Even though he has not been convicted of a crime, Rick Bailey, 56, had all 28 of his guns confiscated by police and has lost his right to buy firearms.

“I was totally devastated,” Bailey said of the day officers came to take his guns. “I couldn’t believe something like this could happen. I had a 3-hour anxiety-slash-panic attack while officers were there and after they left. They wanted to call an ambulance.”

Officers came to Bailey’s home March 17 in Glendale, Arizona — a Phoenix suburb – to enforce a court order called an “injunction against harassment.” On the order an unidentified city court judge wrote, “Def (defendant) shall not have/buy firearms, surrender any to Glendale PD,” The Blaze reported.

The order was issued after a neighbor told police that Bailey had threatened to shoot him. Bailey has not been charged with any crime and was not given a chance to appeal or contest the order before police came to his home.

Feud with Neighbor Led to Gun Confiscation

Bailey told The Blaze that he had been feuding with the unidentified neighbor for months. He was apparently upset because the neighbor parked dump trucks in his driveway.

Ultimate Tactical Self-Defense And Hunting Weapon That Doesn’t Require A Firearms License!
Bailey eventually filed a complaint with the city of Glendale that prompted authorities to remove the trucks and other equipment. He contends that the neighbor ignored the order and kept storing vehicles and equipment used in a landscaping business on Bailey’s property.
police confiscated guns
Image source: www.wbez.org

On March 16, the day before the injunction was issued, Bailey had called police because he thought he smelled toxic chemicals coming from the neighbor’s home.

“The smell got so bad, I had to come back to my patio and use my inhaler — so I called the police to see if anything could be done,” Bailey told The Blaze. The neighbor apparently told the police about the alleged death threats when officers approached him about the chemicals.

Bailey denies making any threats. The Blaze reported that court documents say that Bailey had threatened to stuff the neighbor in his dump truck. The neighbor also says Bailey threatened to shoot him – an allegation Bailey denies. Bailey says he is disabled and physically incapable of harming anyone.

The court order will be in force for one year, Glendale Police spokesman Sergeant David Vidaure told The Blaze. During that period, Bailey cannot own, use or buy firearms. When the order expires, Bailey’s guns could be returned.

Bailey said he is disabled because of an accident that occurred while he was serving in the Navy. He is a retired software engineer.
Bailey plans to hire an attorney and challenge the court order. A Go Fund Me account was set up to raise $5,000 for Bailey’s legal defense.

Restraining Orders Threaten Second Amendment 

Arizona is not the only state where judges can order gun confiscations and restrict Second Amendment rights with a court order. On Sept. 30, California Governor Jerry Brown signed Assembly Bill 1014, as Off The Grid News previously reported.

That law gives judges the power to issue restraining orders that would prevent people from possessing guns for 21 days at the recommendation of a doctor or psychologist. The law also allows for the confiscation of weapons from individuals at the recommendation of a psychologist.

The lesson? Depending on where you live, be careful what you say to neighbors.

Do you believe judges should be able to order gun confiscations, minus a crime? Share your thoughts in the section below:
Most Shotguns In Homes Are NOT Suitable For Defense. Read More Here.

Friday, April 3, 2015

States' Rights and Frankenfood


States' Rights and Frankenfood
April 03, 2015


STAFF NEWS & ANALYSIS
States' Rights and Frankenfood
April 03, 2015
- See more at: http://www.thedailybell.com/news-analysis/36207/States-Rights-and-Frankenfood/?uuid=6F8008D2-5056-9627-3CF4C373D33A6CDA#sthash.UBHODIYG.dpuf


STAFF NEWS & ANALYSIS
States' Rights and Frankenfood
April 03, 2015
- See more at: http://www.thedailybell.com/news-analysis/36207/States-Rights-and-Frankenfood/?uuid=6F8008D2-5056-9627-3CF4C373D33A6CDA#sthash.UBHODIYG.dpuf


STAFF NEWS & ANALYSIS
States' Rights and Frankenfood
April 03, 2015
- See more at: http://www.thedailybell.com/news-analysis/36207/States-Rights-and-Frankenfood/?uuid=6F8008D2-5056-9627-3CF4C373D33A6CDA#sthash.UBHODIYG.dpuf

The political push for labeling genetically engineered foods is spreading across the country. Groups in more than 20 states are pushing local initiatives. Now Congress could step in, and scuttle all of them. A bipartisan bill to be introduced today by Rep. Mike Pompeo (R-Kan.) and Rep G.K. Butterfield (D-N.C.) would bar states from requiring the labeling of foods derived from genetically modified organisms. – Washington Post, March 25, 2015

Any time you read the phrase "a bipartisan bill...," hide your guns and children. Partisan gridlock is the only thing that saves us from Washington's antics. We are in maximum danger when they start singing about "bipartisanship."

To hear some members talk, all those DC office buildings are full of blithering idiots who screw up everything they touch.

For this reason, the GOP frequently champions "states' rights." 

They want the national government to keep its nose out of local affairs. Indeed, as the "laboratories of democracy," states are the proving ground from which good ideas come. Washington should watch and learn.

This is the correct attitude. The Constitution grants certain powers to the federal government and reserves all others to the states.

Sadly, the Framers left a few loopholes, like interstate commerce, through which politicians have driven a million trucks. One way or another, Washington now has at least one finger in every possible pie.

If you doubt this, ask a politician of either party one question. "Can you give me an example of public policy in which the federal government has no legitimate role?" You will hear crickets or, more likely, doubletalk.

Republicans are particularly hypocritical on this. They defend states' rights until a state does something they dislike. Hence, they file lawsuits claiming ObamaCare infringes on state authority but demand federal agents arrest people for possessing drugs a state deems lawful.

Now we have another example. States, acting as laboratories of democracy, are engaged in a grand experiment in food labeling. 

Citizens wish to know whether their food contains genetically modified ingredients. Debates at the state level have produced different policies. Maine, Vermont and Connecticut have all passed GMO labeling requirements, though none has taken effect yet.

A constitutional response would be to let these and other states implement their choices and then observe the consequences.
We will all see if labeling requirements make food prices go up too much, or if lack of labeling deprives consumers of useful information. The states on both sides can then reconsider their choice.

This is how federalism should work. Alas, it is not how federalism will work in this case.

Rather than trust the states, Reps. Pompeo and Butterfield want Washington bureaucrats to impose a single national requirement.

Why would they do this, when they also believe the same bureaucracy incapable of handling even the simplest tasks? You can guess the answer.

Money talks. Big Agriculture has plenty of it, and is more than willing to share it with politicians who do its bidding.

So, the next time your congressperson appeals to states' rights, ask them where states' rights end and Washington's rule begins. You will find the line never stops moving.
Source

Thursday, April 2, 2015

States ‘Seizing’ Land Back From Feds


As many of you know getting the Feds off our state lands has been a major agitation of ours for several years! 

Also read: Has Your State taken any Steps to Reclaim Your State Sovereign Land from the Federal Government? Why not?
ken ivory 


The federal government each year makes it harder to get off-grid, partially because it continues gobbling up land at an alarming rate. Believe it or not, Uncle Sam owns 28 percent of all the land in the United States, and if you’re out West, it’s even worse — nearly 50 percent.

Written by: Off The Grid Radio Radio  

It may sound like an April Fool’s joke, but it’s not. Yet there’s hope.

One state – Utah – is fighting back, and last year adopted a new law requiring the federal government to return 31 million federally owned acres back to the state. Other states soon could follow with their own laws.

That’s the subject of this week’s edition of Off The Grid Radio, as we talk to Utah state Rep. Ken Ivory, the lead sponsor of that law who also is president of the American Lands Council, an organization fighting to secure local control of Western lands.
Ivory tells us:

  • How the federal government reneged on its agreement with the states over land.
  • What the next steps are in the battle over public lands.
  • How state ownership of federal land could help solve a host of national issues, including America’s dependency on foreign oil.
  • What would happen to national parks.
  • Why the federal government owns more land in Western states that it does in Eastern states.
  • What the Founders would have thought of the squabble between the feds and states.
Ivory believes states can win this land battle with the federal government – but only if Americans make their voices heard. Listen as one of the nation’s top experts on land rights shares his vision for reclaiming federally owned land! Source

Tuesday, March 31, 2015

Broward Cty Sheriff Deputies "assist" US Fed Troops in Training for Incarcerating US Citizens


Other states and their local police sure to follow...

Troops Training To Intern Citizens In Fort Lauderdale

Posted by Edmondo Burr


Video: Fort Lauderdale, Florida, Shot last week, shows military and law enforcement practicing  internment during martial-law style training.
Eu Times reports: The clip shows armed troops arresting role players on the street before a column of prisoners are marched towards a mock internment facility. Black Hawk choppers are also seen whizzing between buildings.

The exercise was accompanied by very little media coverage.
A Sun-Sentinel report said that Broward County police would be “assisting members of the U.S. Special Operations Forces who are undergoing urban warfare training.”

The drill, which was held in locations the military refused to disclose beforehand, began on March 17 and ended on Friday. 200 military personnel from all four branches, Air Force, Army, Marines and Navy, took part in the exercise.

“The goal is to prepare participants in realistic, unfamiliar training conditions before they deploy for combat overseas,” states the report. Residents were advised “not to be alarmed by the Black Hawk helicopters in the sky.”

Broward County also saw similar drills back in March 2014, when Navy SEALS practicing storming a university building from a helicopter.

Concerns continue to circulate that such drills are designed for dual purpose and are part of a plan to acclimate Americans to accept martial law in a time of national emergency.

As we have exhaustively documented, the fact that preparations are being made to use the military during domestic unrest is manifestly provable.

Jade Helm, an upcoming military drill that will involve nine states, caused controversy after Texas and Utah were labeled “hostile” territory in documents related to the exercise.


Monday, March 30, 2015

The Costs of Compulsory Education



by

Education elites and their political cronies have implemented countless initiatives aimed at reforming education. From the Elementary and Secondary Education Act of 1965 to the No Child Left Behind Act of 2001, every plan put forth has resulted in nothing but inefficient expenditures, new layers of bureaucracy, and continuing declines in student achievement.

Education will only be reformed once parents and entrepreneurs are free to create real alternatives to the broken systems that exist today. Repealing compulsory-education laws and allowing parents to spend their education dollars freely should be the first steps in this direction.

Curiously, compulsory-education laws, which conscript children into state-regulated programs of study, are rarely discussed in the context of education reform; these laws' ostensibly benevolent nature allows demagogues to marginalize detractors and quell any attempt at serious discourse. This results in far-reaching regulations that control how private actors educate, and thus prohibits students from getting the individualized education they need.

The origin of compulsory education was characterized by oppression and forced assimilation. The modern movement was initially led by Martin Luther and the early Protestants, who sought to inculcate the masses with their religious views. Despotic Prussia was the first to enact laws at the national level, and compulsory education quickly became a weapon of choice for states seeking to destroy troublesome cultures and languages. In the United States, Massachusetts began enforcing mandatory attendance in 1852, and by 1918 every state had enacted similar legislation. The primary impetus for policymakers was to assimilate poor immigrant children; labor unions were also ardent supporters, as they sought to decrease the supply of labor in the workforce.

Current laws vary by state in details, but they are quite homogeneous in spirit. All require a minimum amount of instructional time (ranging from 160 to 186 days annually) at approved institutions. The majority of Americans between the ages of 5 and 18 are compelled to meet this requirement, with several states enforcing slightly more lenient laws. Although parents are free to pursue private education for their children, such options are almost always regulated by state governments.

There is likely a minority of children who benefit from compulsory education. While these outliers are by no means insignificant, the benefits accrued to them do not justify the aggregate effects imposed. To objectively evaluate the merits of such laws, we must fully account for all of their costs. Evaluating the effects on private forms of education is a good starting point.

Private schools and homeschools are rarely truly free-market alternatives to government-regulated education. By mandating attendance, states have a virtual stranglehold on the nature of private education. After all, in order to become a state-approved program of study at which "official" attendance is recognized, private actors are forced to satisfy some combination of curricular, reporting, and testing requirements.

In New York, for instance, homeschools must submit a notice of intent, maintain attendance records, file quarterly reports, and submit Individualized Home Instruction Plans for state approval. 
Additionally, students must successfully complete an annual assessment, including mandatory yearly standardized testing for grades nine and above. Perhaps most problematic, however, is its mandate that instruction given to a child must be "at least substantially equivalent to minors of like age or attainments at public schools," an edict clearly susceptible to abuse by state officials. This forces parents to comply with the belief systems of distant regulators who are free to define "substantially equivalent" as they see fit.

In the event that a parent's personal values oppose those of the state, the state's interests will ultimately prevail. This conflict prompted Murray Rothbard to note that at the heart of the compulsory-education debate is "the idea that children belong to the State rather than to their parents." If you attempt to challenge this notion, your child may be labeled "truant," and you may be subjected to fines, imprisonment, and the forcible return of their child to his or her zoned public school. Compulsory education thus imposes the state's definition of "education" on all parties falling under its auspices — even those pursuing a "private" course of study.

The state's monopoly on what defines "education" inevitably suppresses alternative views, thereby eliminating the complexity and diversity that should be prevalent in the market. Instead, a homogeneous system is used to serve heterogeneous students — yet another cost of compulsory education. READ MORE

States tell Feds to pound sand

The Internal Revenue Service gives subsidies when it wants. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Environmental Protection Agency redefine words on a whim in an effort to give themselves more power and more control over your life. “Legislating from the bench” has been superseded by this even more dangerous “lawmaking” by unelected, unaccountable federal agencies.


As Chapman law professor Ronald Rotunda noted recently, we “have come a long way towards governance by bureaucrats.” Some states, however, are taking positive steps in 2015 to thwart the effects of these unilateral — and wildly unconstitutional — acts.
The following is an overview of state legislation to thwart federal overreach that’s moving forward right now.

Federal gun control

Even though the ATF has, at least temporarily, backed down on a proposed M855 ammo ban, gun rights advocates should be alarmed. More of this should be expected moving forward, that is, more gun control no matter whom you elect to Congress.

In Arizona, however, a bill that would effectively block in practice any additional restrictions on the natural right to keep and bear arms has already passed the state Senate by a 17-12 vote and is due for further consideration in the state House in the near future. A similar bill passed the Montana Legislature and is going to Gov. Steve Bullock’s desk, and another in Tennessee is up for a do-or-die vote in committee this week.

Other states like Ohio and Pennsylvania have seen legislation introduced, but not yet considered. Should any of the bills pass into law, they’d join Idaho, which in 2014 was the first in the country to pass legislation specifically designed to thwart any new federal gun control measures.

Broader bills have been introduced in other states, with the goal of addressing not just new federal gun control measures, but nearly all of them. Missouri HB1341 would make any federal gun control measure — past, present or future — invalid and unenforceable in the state. And two Texas bills, HB413 and HB422, would work together to do almost the same. Should either pass, they’d join Alaska, which passed a similar law in 2013.

Self-ownership

The Food and Drug Administration has a lengthy process for approving new treatments for people. In some situations, however, that long process can actually kill people.

Take, for example, the case of Mikaela Knapp, who was diagnosed with kidney cancer. She and her husband, Keith, launched a social media campaign to lobby drug firms and the FDA to give her access to a new gene therapy. Their efforts gained national attention and generated 200,000 signatures on a petition, but failed to win access to the treatment. The 25-year-old newlywed died a few months later.

In 2014, Arizona residents approved Prop. 303, a measure that now allows people the “Right to Try” some experimental treatments not yet approved by the FDA. They joined Colorado, Missouri, Louisiana and Michigan in passing such legislation.

In 2015, governors in Wyoming in Arkansas have already signed a Right to Try act into law. Bills in Virginia, Montana, Indiana, Utah and Mississippi have also passed the full legislature and are awaiting a signature from each state’s governor.

“These laws are a no-brainer,” said Mike Maharrey of the Tenth Amendment Center. “When someone is on their deathbed, the fact that FDA regulations would let them die rather than try, has got to be one of the most inhumane policies of the federal government. Every state should nullify the FDA like this.”

Farming

The total retail value of hemp products sold in the U.S. in 2014 was recently said to be at least $620 million. According to the Hemp Industries Association (HIA), a nonprofit trade association consisting of hundreds of hemp businesses, this includes items like nondairy milk, shelled seed, soaps and lotions, along with clothing, auto parts, building materials and various other products.

Federal regulations resulting in a de facto ban on hemp farming has created a situation where the U.S. is the world’s No. 1 importer of hemp, while China and Canada are the top two exporters in the world.

And while the Feds now “allow” hemp farming for “research purposes,” some states and individuals have taken action beyond what is permitted and are now harvesting crops for commercial purposes.

Hemp is already being farmed in both Colorado and Vermont. On Feb. 2, the Oregon hemp industry officially opened for business. 

One week later, the first license went to a small nonprofit group that hopes to plant 25 acres this spring. The Tennessee Agricultural Department recently put out a call for licensing, signaling that hemp farming will start soon there, too. A law by Gov. Nikki Haley in South Carolina in 2014 authorizes the same. Another passed this year in North Dakota is awaiting a signature from Gov. Jack Dalrymple.

Hemp farming bills have also passed the New Hampshire House, the Washington State Senate, and committees in Connecticut and Missouri. Legislation has been introduced and will be up for consideration soon in Texas, Florida, Maine and elsewhere.

Surveillance

Former National Security Agency chief technical director William Binney called the agency’s practice of “parallel construction” the “most threatening situation to our constitutional republic since the Civil War.” This is the process whereby federal spying data is being handed off to local police for use in everyday law enforcement work, not just for investigating “terrorists.”

In 2014, Utah and New Hampshire passed bills to ban each state from participating in this practice. And this year, bills in Texas, Alaska, Tennessee, Missouri, South Carolina and elsewhere have been introduced to ban all “material support or resources” to all federal bulk warrantless spying programs.

Passage would ban participation in parallel construction, but also take things further and withhold other resources like water, electricity or even trash pickup from state or local governments or agencies to any federal agency involved in the wholesale surveillance of anything and everything you do with your phone or Internet service.

Legislation to help block a recently revealed nationwide license plate tracking program has already passed the Virginia Legislature and the Montana House. Similar legislation is up for consideration in New York, Missouri, Vermont, Massachusetts and Oregon.

Obamacare

While the legal world awaits an opinion this summer from the Supreme Court in the King v. Burwell case, some states are considering bills that will help bring down the federal takeover no matter what the court opines.

Bills passed in the Arizona House and introduced in Texas would ban a crucial enforcement mechanism for the federal act, and set the stage for pulling the rug out from under it and bringing it down.

What’s next

Sometimes, however rare, a federal court will stop a federal agency from unilaterally giving itself more power. Sometimes, a federal agency will back down on a newly proposed rule, like the recent M855 ammo ban from the ATF, because of heavy public pressure. And even more rarely, although I can’t remember anything of note, Congress will actually repeal a law it passed, giving up its own power.

The truth of the matter is this: Federal courts cannot be trusted to limit federal power, and federal politicians cannot be trusted to limit their own power. Only the states and the people can do it now.

While these moves by states give liberty-lovers hope, there is no silver bullet to stop the runaway freight train that is the federal government. But instead of waiting years for a lawsuit, or a convention, or any other national-level process, these state nullification efforts chip away at the monster government right now — one state at a time.

What this gets down to is the power of the people. When enough people tell the Feds to pound sand, and enough states pass laws backing them up, there’s not much the Feds can do to force their unconstitutional laws, rules, regulations or mandates down our throats.

–Michael Boldin

Michael Boldin

is the founder and executive director of the Tenth Amendment Center. Michael has a full schedule working as senior editor of the Center's website, writes a regular column, fields media interviews, and travels the country (when invited, of course) to speak to crowds about sticking to the Constitution — every issue, every time, no exceptions, no excuses.[send him email]

Refuting Objections: But Nullification Isn’t In The Constitution!

A common complaint among detractors of nullification is that, as they see it, “James Madison was the author of the Constitution and since he didn’t include nullification in the document, it can’t be done.”

This attitude holds that the feds get to do whatever they want, as long as it’s not specifically prohibited by the Constitution, while the states have to receive their authority from the Constitution or the feds. This argument completely flips the entire structure of the Constitution on its head. It also ignores what Madison later wrote about nullification in the Virginia Resolutions and later in Notes on Nullification.

The federal government is only authorized to exercise those powers delegated to it in the Constitution, not the states. While states are expressly prohibited from doing some things in the Constitution, mostly listed in Article I, Section 10, it’s the federal government that can’t do something if it’s “not included in the document.”

The Constitution was written to define the limited powers of this central government. Meanwhile, the states retained any powers not specifically delegated to the feds. This is exactly what Madison later wrote in Federalist 45:
The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite (bold emphasis added).
The Tenth Amendment also confirms this relationship between the states and the feds when it speaks of “delegated” powers to the federal government.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people (bold emphasis added).
The argument that nullification is illegal because isn’t in the Constitution falls apart under even the gentlest scrutiny. If the states must specifically receive authority from the U.S. Constitution and not even their own constitutions, then logically it must follow that every law they pass and legal action they take that is not mentioned in the Constitution must be considered illegal. Plain reasoning demonstrates how absurd this is.

The authority to nullify unconstitutional federal laws, on the other hand, is not delegated to the feds, nor is it expressly prohibited to the states. That nullification is not mentioned at all misses the point of the Tenth Amendment, which was to make it clear that the enumerated powers the feds had were the only powers they had. 

Those who point to the Supremacy Clause as proof of this prohibition also forget that the clause refers to actions taken in pursuance of the Constitution, i.e. it does not give the feds carte blanche to assume any power they want. Nullification pertains to federal actions that go beyond the limitations of the Constitution and serves as an important check and balance when the three federal branches fail to restrain each other as intended.

And if nullification detractors are so concerned about what Madison thought, they will find it hard to dismiss what he wrote about it in December 1834 following the Nullification Crisis of 1832.
Thus the right of nullification meant by Mr. Jefferson is the natural right, which all admit to be a remedy against insupportable oppression (bold emphasis added).
His use of the term “natural right” cannot be overlooked. Madison is not calling nullification a mere legal tool, but a natural right along with “life, liberty, and the pursuit of happiness.” It is a right which all people are born with innately and cannot be deprived of them without their consent.

One shouldn’t be surprised about this, because it logically followed from his belief articulated in Federalist 46 that the powers of a government ultimately resided in the people over whom it ruled.
In it he wrote:
The federal and State governments are in fact but different agents and trustees of the people, constituted with different powers, and designed for different purposes. The adversaries of the Constitution seem to have lost sight of the people altogether in their reasonings on this subject; and to have viewed these different establishments, not only as mutual rivals and enemies, but as uncontrolled by any common superior in their efforts to usurp the authorities of each other. These gentlemen must here be reminded of their error. They must be told that the ultimate authority, wherever the derivative may be found, resides in the people alone, and that it will not depend merely on the comparative ambition or address of the different governments, whether either, or which of them, will be able to enlarge its sphere of jurisdiction at the expense of the other (bold emphasis added).
Put differently, the people ultimately get to decide what their government is allowed to do. When they decide that government has gone too far, nullification is a means of exercising their natural right of protecting their liberties without resorting to violent overthrow of that government.

Lastly, it must be pointed out that James Madison was not the author of the Constitution, albeit he helped draft the document along with other convention delegates. He is known today as the “Father of the Constitution,” chiefly due to his Federalist essays promoting its ratification and his work in drafting the Bill of Rights.

When William Cogswell credited him as “the writer of the Constitution of the U. S.” in 1834, Madison replied that Cogswell had given him “a credit to which I have no claim . . . .  This was not, like the fabled Goddess of Wisdom, the offspring of a single brain.  It ought to be regarded as the work of many heads and many hands” (bold emphasis added).

Madison was no doubt being modest in regards to his involvement, but he was still correct in pointing out that no one person had a legitimate claim of authorship of the Constitution, for it was the product of compromise and collaboration by the delegates who attended the Philadelphia Convention in 1787.

Through nullification people are able to exercise their natural right to resist the unjust and illegal actions of their government when it violates the limitations placed upon it by the written Constitution from which it derives its authority. That it is not mentioned anywhere in the Constitution itself is irrelevant because, as we very well know, the Founders believed in the right of revolution, yet there is no clause in the Constitution affirming this right.
Source

Sunday, March 8, 2015

A Look at the Folly of a Constitutional Convention

This woman has a solid grip on understanding the dangers in foisting a Constitution convention (Con-Con) on us. She is good.
 

Published on Mar 7, 2015
An informative lecture by Publius Huldah, a lawyer and strict constructionist of the Constitution.


Secession Begins at Home

January 30, 2015Jeff Deist
[This article is adapted from a talk presented at the Houston Mises Circle, January 24, 2015.] To listen in audio 22mins.

Presumably everyone in this room, or virtually everyone, is here today because you have some interest in the topic of secession. You may be interested in it as an abstract concept or as a viable possibility for escaping a federal government that Americans now fear and distrust in unprecedented numbers.

As Mises wrote in 1927:
The situation of having to belong to a state to which one does not wish to belong is no less onerous if it is the result of an election than if one must endure it as the consequence of a military conquest.
I’m sure this sentiment is shared by many of you. Mises understood that mass democracy was no substitute for liberal society, but rather the enemy of it. Of course he was right: nearly 100 years later, we have been conquered and occupied by the state and its phony veneer of democratic elections. The federal government is now the putative ruler of nearly every aspect of life in America.

That’s why we’re here today entertaining the audacious idea of secession — an idea Mises elevated to a defining principle of classical liberalism.

It’s tempting, and entirely human, to close our eyes tight and resist radical change — to live in America’s past.

But to borrow a line from the novelist L.P. Hartley, “The past is a foreign country, they do things differently there.” The America we thought we knew is a mirage; a memory, a foreign country.

And that, ladies and gentlemen, is precisely why we should take secession seriously, both conceptually — as consistent with libertarianism — and as a real alternative for the future.

Does anyone really believe that a physically vast, multicultural, social democratic welfare state of 330 million people, with hugely diverse economic, social, and cultural interests, can be commanded from DC indefinitely without intense conflict and economic strife?

Does anyone really believe that we can unite under a state that endlessly divides us? Rich vs. poor, black vs. white, Hispanic vs. Anglo, men vs. women, old vs. young, secularists vs. Christians, gays vs. traditionalists, taxpayers vs. entitlement recipients, urban vs. rural, red state vs. blue state, and the political class vs. everybody?

Frankly it seems clear the federal government is hell-bent on Balkanizing America anyway. So why not seek out ways to split apart rationally and nonviolently? Why dismiss secession, the pragmatic alternative that’s staring us in the face?

Since most of us in the room are Americans, my focus today is on the political and cultural situation here at home. But the same principles of self-ownership, self-determination, and decentralization apply universally — whether we’re considering Texas independence or dozens of active breakaway movements in places like Venice, Catalonia, Scotland, and Belgium.

I truly believe secession movements represent the last best hope for reclaiming our birthright: the great classical liberal tradition and the civilization it made possible. In a world gone mad with state power, secession offers hope that truly liberal societies, organized around civil society and markets rather than central governments, can still exist.

Secession as a “Bottom-Up” Revolution

“But how could this ever really happen?” you’re probably thinking.

Wouldn’t creating a viable secession movement in the US necessarily mean convincing a majority of Americans, or at least a majority of the electorate, to join a mass political campaign much like a presidential election?

I say no. Building a libertarian secession movement need not involve mass political organizing: in fact, national political movements that pander to the Left and Right may well be hopelessly naïve and wasteful of time and resources.

Instead, our focus should be on hyper-localized resistance to the federal government in the form of a “bottom-up” revolution, as Hans-Hermann Hoppe terms it.

Hoppe counsels us to use what little daylight the state affords us defensively: just as force is justified only in self-defense, the use of democratic means is justified only when used to achieve nondemocratic, libertarian, pro-private property ends.

In other words, a bottom-up revolution employs both persuasion and democratic mechanisms to secede at the individual, family, community, and local level — in a million ways that involve turning our backs on the central government rather than attempting to bend its will.

Secession, properly understood, means withdrawing consent and walking away from DC — not trying to capture it politically and “converting the King.”

Secession is Not a Political Movement

Why is the road to secession not political, at least not at the national level? 

Frankly, any notion of a libertarian takeover of the political apparatus in DC is fantasy, and even if a political sea change did occur the army of 4.3 million federal employees is not simply going to disappear.

Convincing Americans to adopt a libertarian political system — even if such an oxymoron were possible — is a hopeless endeavor in our current culture.

Politics is a trailing indicator. Culture leads, politics follows. There cannot be a political sea change in America unless and until there is a philosophical, educational, and cultural sea change. Over the last 100 years progressives have overtaken education, media, fine arts, literature, and pop culture — and thus as a result they have overtaken politics. Not the other way around.

This is why our movement, the libertarian movement, must be a battle for hearts and minds. It must be an intellectual revolution of ideas, because right now bad ideas run the world. We can’t expect a libertarian political miracle to occur in an illibertarian society.

Now please don’t get me wrong. The philosophy of liberty is growing around the world, and I believe we are winning hearts and minds. This is a time for boldness, not pessimism.

Yet libertarianism will never be a mass —which is to say majority — political movement.

Some people will always support the state, and we shouldn’t kid ourselves about this. It may be due to genetic traits, environmental factors, family influences, bad schools, media influences, or simply an innate human desire to seek the illusion of security.

But we make a fatal mistake when we dilute our message to seek approval from people who seemingly are hardwired to oppose us. And we waste precious time and energy.

What’s important is not convincing those who fundamentally disagree with us, but the degree to which we can extract ourselves from their political control.

This is why secession is a tactically superior approach in my view: it is far less daunting to convince liberty-minded people to walk away from the state than to convince those with a statist mindset to change.

What About the Federales?

Now I know what you’re thinking, and so does the aforementioned Dr. Hoppe:
Wouldn’t the federales simply crush any such attempt (at localized secession)?

They surely would like to, but whether or not they can actually do so is an entirely different question … it is only necessary to recognize that the members of the governmental apparatus always represent, even under conditions of democracy, a (very small) proportion of the total population.

Hoppe envisions a growing number of “implicitly seceded territories” engaging in noncompliance with federal authority:
Without local enforcement, by compliant local authorities, the will of the central government is not much more than hot air.
It would be prudent … to avoid a direct confrontation with the central government and not openly denounce its authority …
Rather, it seems advisable to engage in a policy of passive resistance and noncooperation. One simply stops to help in the enforcement in each and every federal law …
Finally, he concludes as only Hoppe could (remember this is the 1990s):
Waco, a teeny group of freaks, is one thing. But to occupy, or to wipe out a significantly large group of normal, accomplished, upstanding citizens is quite another, and quite a more difficult thing.
Now you may disagree with Dr. Hoppe as to the degree to which the federal government would actively order military violence to tamp down any secessionist hotspots, but his larger point is unassailable: the regime is largely an illusion, and consent to its authority is almost completely due to fear, not respect. Eliminate the illusion of benevolence and omnipotence and consent quickly crumbles.

Imagine what a committed, coordinated libertarian base could achieve in America! 10 percent of the US population, or roughly thirty-two million people, would be an unstoppable force of nonviolent withdrawal from the federal leviathan.

As Hoppe posits, it is no easy matter for the state to arrest or attack large local groups of citizens. And as American history teaches, the majority of people in any conflict are likely to be “fence sitters” rather than antagonists.

Left and Right are Hypocrites Regarding Secession

One of the great ironies of our time is that both the political Left and Right complain bitterly about the other, but steadfastly refuse to consider, once again, the obvious solution staring us in the face.

Now one might think progressives would champion the Tenth Amendment and states’ rights, because it would liberate them from the Neanderthal right wingers who stand in the way of their progressive utopia. Imagine California or Massachusetts having every progressive policy firmly in place, without any preemptive federal legislation or federal courts to get in their way, and without having to share federal tax revenues with the hated red states.

Imagine an experiment where residents of the San Francisco bay area were free to live under a political and social regime of their liking, while residents of Salt Lake City were free to do the same.

Surely both communities would be much happier with this commonsense arrangement than the current one, whereby both have to defer to Washington!

But in fact progressives strongly oppose federalism and states’ rights, much less secession! The reason, of course, is that progressives believe they’re winning and they don’t intend for a minute to let anyone walk away from what they have planned for us.

Democracy is the great political orthodoxy of our times, but its supposed champions on the Left can’t abide true localized democracy — which is in fact the stated aim of secession movements.

They’re interested in democracy only when the vote actually goes their way, and then only at the most attenuated federal level, or preferably for progressives, the international level. The last thing they want is local control over anything! They are the great centralizers and consolidators of state authority.

“Live and let live” is simply not in their DNA.

Our friends on the Right are scarcely better on this issue.

Many conservatives are hopelessly wedded to the Lincoln myth and remain in thrall to the central warfare state, no matter the cost.

As an example, consider the Scottish independence referendum that took place in September of 2014.

Some conservatives, and even a few libertarians claimed that we should oppose the referendum on the grounds that it would create a new government, and thus two states would exist in the place of one. But reducing the size and scope of any single state’s dominion is healthy for liberty, because it leads us closer to the ultimate goal of self-determination at the individual level, to granting each of us sovereignty over our lives.

Again quoting Mises:
If it were in any way possible to grant this right of self-determination to every individual person, it would have to be done. (italics added)
Furthermore, some conservatives argue that we should not support secession movements where the breakaway movement is likely to create a government that is more “liberal” than the one it replaces. This was the case in Scotland, where younger Scots who supported the independence referendum in greater numbers hoped to create strong ties with the EU parliament in Brussels and build a Scandinavian-style welfare state run from Holyrood (never mind that Tories in London were overjoyed at the prospect of jettisoning a huge number of Labour supporters!).

But if support for the principle of self-determination is to have any meaning whatsoever, it must allow for others to make decisions with which we disagree. Political competition can only benefit all of us. What neither progressives nor conservatives understand — or worse, maybe they do understand — is that secession provides a mechanism for real diversity, a world where we are not all yoked together. It provides a way for people with widely divergent views and interests to live peaceably as neighbors instead of suffering under one commanding central government that pits them against each other.

Secession Begins With You

Ultimately, the wisdom of secession starts and ends with the individual. Bad ideas run the world, but must they run your world?

The question we all have to ask ourselves is this: how seriously do we take the right of self-determination, and what are we willing to do in our personal lives to assert it?

Secession really begins at home, with the actions we all take in our everyday lives to distance and remove ourselves from state authority — quietly, nonviolently, inexorably.

The state is crumbling all around us, under the weight of its own contradictions, its own fiscal mess, and its own monetary system. We don’t need to win control of DC.

What we need to do, as people seeking more freedom and a better life for future generations, is to walk away from DC, and make sure we don’t go down with it.

How To Secede Right Now

So in closing, let me make a few humble suggestions for beginning a journey of personal secession. Not all of these may apply to your personal circumstances; no one but you can decide what’s best for you and your family. But all of us can play a role in a bottom-up revolution by doing everything in our power to withdraw our consent from the state:
  • Secede from intellectual isolation. Talk to like-minded friends, family, and neighbors — whether physically or virtually — to spread liberty and cultivate relationships and alliances. The state prefers to have us atomized, without a strong family structure or social network;
  • secede from dependency. Become as self-sufficient as possible with regard to food, water, fuel, cash, firearms, and physical security at home. Resist being reliant on government in the event of a natural disaster, bank crisis, or the like;
  • secede from mainstream media, which promotes the state in a million different ways. Ditch cable, ditch CNN, ditch the major newspapers, and find your own sources of information in this internet age. Take advantage of a luxury previous generations did not enjoy;
  • secede from state control of your children by homeschooling or unschooling them;
  • secede from college by rejecting mainstream academia and its student loan trap. Educate yourself using online learning platforms, obtaining technical credentials, or simply by reading as much as you can;
  • secede from the US dollar by owning physical precious metals, by owning assets denominated in foreign currencies, and by owning assets abroad;
  • secede from the federal tax and regulatory regimes by organizing your business and personal affairs to be as tax efficient and unobtrusive as possible;
  • secede from the legal system, by legally protecting your assets from rapacious lawsuits and probate courts as much as possible;
  • secede from the state healthcare racket by taking control of your health, and questioning medical orthodoxy;
  • secede from your state by moving to another with a better tax and regulatory environment, better homeschooling laws, better gun laws, or just one with more liberty-minded people;
  • secede from political uncertainly in the US by obtaining a second passport; or
  • secede from the US altogether by expatriating.
  • Most of all, secede from the mindset that government is all-powerful or too formidable an opponent to be overcome. The state is nothing more than Bastiat’s great fiction, or Murray’s gang of thieves writ large. Let’s not give it the power to make us unhappy or pessimistic.
All of us, regardless of ideological bent and regardless of whether we know it or not, are married to a very violent, abusive spendthrift. It’s time, ladies and gentlemen, to get a divorce from DC.

via Mises.org

Wednesday, March 4, 2015

The Myth of the Voluntary Military

July 29, 2011 Jeffrey A. Tucker

Ludwig von Mises summed up the essence of government in words that are particularly vivid in wartime:
Government interference always means either violent action or the threat of such action.… Government is in the last resort the employment of armed men, of policemen, gendarmes, soldiers, prison guards, and hangmen. The essential feature of government is the enforcement of its decrees by beating, killing, and imprisoning. Those who are asking for more government interference are asking ultimately for more compulsion and less freedom.

What about those who are called upon to enforce state edicts, whether just or unjust? Every society includes people who are willing to act as the coercive arm of the state, those who are willing to use violence and freely risk their lives as they administer the law. The state has no great trouble recruiting policemen and prison guards. Are there enough such people to amass a huge army of hundreds of thousands of people who are willing to risk their lives carrying out destructive foreign wars of dubious merit?

When you see the pictures of American troops fighting their way through sand storms, in a strange land with strange people, seeking to overturn a government and transform a society that posed no credible threat to the United States, being shot at by average Iraqis who are clearly motivated only by the desire to expel the invader, it is not hard to imagine that US troops are wondering how it all came to this.

The British defense secretary, Geoff Hoon, claims that the coalition armed forces are made up of "men and women who made a free choice to serve their country," whereas Iraqi forces "are motivated either by fear or by hatred." It's hard to say what motivates Iraqi forces (perhaps the desire to repel invasion?), but what he says about coalition troops is simply not true.


The men and women now fighting initially agreed to be in the employ of the military. The United States is not yet conscripting people. And yet how many of these would leave Iraq if they could? What if Donald Rumsfeld announced that anyone now fighting in Iraq is free to leave without penalty? What would become of the US armed forces now attempting to bring about unconditional surrender in Iraq?

It's an interesting question, as a pure mental experiment, because it highlights the essentially forced nature of all modern military service. To leave once the war begins would amount to what the government calls desertion. This word sounds ominous, but in fact it merely describes what everyone in a civilized society takes for granted: the right to quit.

Deuteronomy's exhortation to encourage the Israelites into battle includes an invitation to freely leave: "What man is there that is fearful and fainthearted? Let him go and return unto his house." (20:8) But there is no such right in the modern US military. If you try to leave, you face coercion, particularly if you try to leave in wartime. In this way, the military differs from the police and the ranks of prison guards, jobs from which people are free to walk away without penalty.

Punishing people for attempting to leave the military — to avoid killing and/or being killed — is not a new practice. Mises speaks of the "barbarous" practices used in the 18th century to keep soldiers from deserting their units. The more undesirable wartime conditions become, the more necessary it is for the state to force people to continue to endure them.

The scene that shocked me most in the movie Gods and Generals — and it was clearly not intended to be shocking — occurs when an assistant to Stonewall Jackson informs the general that some soldiers have been discovered in an attempt to desert the army under his command. The general orders them to be tried in a military court, and, if found guilty of attempted desertion, to be shot. They were indeed tried and shot. Thus did these men die for exercising their God-given right to walk away.

One of those shot in the film was a young man recruited by Jackson himself, the son of a friend who decided to return to the North. The scene was included to demonstrate Jackson's impartiality. This general is no respecter of persons — or (more plausibly) personhood. To me, the scene demonstrated the immorality of all modern notions of military discipline.

As the movie shows, the South believed it was fighting for the right of self-government, which required that the states be able to exercise their right to leave an increasingly despotic Union. But the military command would not allow their soldiers to secede. The Confederate generals believed that the Union must be voluntary, but the army itself must be kept together through coercion.
"The legalization of desertion might provide the very key to bringing about a more humane world."

Of course, Northern armies employed the same practice. Many Union troops believed they were fighting against slavery, which amounts to nothing more than forbidding people from exercising their right to flee their alleged owners. But the imposition of the death penalty for soldiers choosing not to fight, that is, to flee their military owners, was assumed to be a normal part of military discipline.

Both North and South claimed they were fighting in order to abolish a form of captivity — the right to self-government in one case, and the right to not be employed against one's will in the other — but the ability of the military to imprison and kill fleeing soldiers was never questioned. It is not often questioned tod

The scene parallels the opening sequence in the movie Enemy at the Gates, when Russian troops in boats are being bombed from the air by German planes. Russian troops begin to jump in the water to get away. Their Russian commander starts to unload his pistol as they leap. The viewer is rightly shocked by this incredible display of totalitarian brutality. Yet, in essence, what we are seeing is nothing more than a fast-forwarded version of the court-martial, death-penalty scene in Gods and Generals.

Both scenes underscore a reality hardly ever discussed: all modern armies are essentially totalitarian enterprises. Once you sign up for them, or are drafted, you are a slave. The penalty for becoming a fugitive is death. Even now, the enforcements against mutiny, desertion, going AWOL, or what have you, are never questioned.

This is remarkable, if you think about it. Imagine that you work for Walmart but find the job too dangerous, and try to quit. You are told that you may not, so you run away. The management catches up to you, and jails you. You refuse to go and resist. Finally, you are shot. We would all recognize that this is exploitation, an atrocity, a crime, a clear example of the disregard that this company has for human life. The public outrage would be palpable. The management, not the fleeing employees, would be jailed or possibly executed.

Murray Rothbard frames the question nicely: "In what other occupation in the country are there severe penalties, including prison and in some cases execution, for 'desertion,' i.e., for quitting the particular employment? If someone quits General Motors, is he shot at sunrise?"

The military has done a study1  of what causes people to go AWOL, concluding that the practice "tends to increase in magnitude during wartime" and when "the Army is attempting to restrict the ways that soldiers can exit service through administrative channels."

The same study profiles the deserters, as compared with nondeserters, as less educated, having a lower aptitude, more likely to be from broken homes, etc. — all the usual reasons why a person is so dishonorably disinclined to want to be killed. Finally, this study examined the effects of desertion on the individual, concluding that choosing to be disemployed from the ranks of the armed and dangerous causes "loss of self-esteem and confidence" as well as "embarrassment and even shame." Well, what else would you expect from someone who has "chosen a certain path and failed to meet the necessary requirements and/or sustain the fortitude to meet those requirements"?

Now comes the report from Diwaniya, Iraq, heavily cited by a US military spokesman, that many Iraqi soldiers were fighting at gunpoint, threatened with death by tough loyalists of President Saddam Hussein.… "The officers threatened to shoot us unless we fought," said a wounded Iraqi from his bed in the American field hospital here. "They took out their guns and pointed them and told us to fight."

It could be that the captured soldiers are only trying to win sympathy. But it would hardly be surprising if it were true. To force people to fight when they would rather not is the very essence of modern military organization. In modern practice, there is no such thing as a voluntary military. Whether you are forced into the machine or not (via conscription or via payments in tax dollars), once you are a cog, you must stay in no matter how much grinding you do or how much you are ground.

The slave-like nature of the military commitment has no expiration date. Yes, there are contracts, but the military can void them whenever it so desires. Predictably, it desires to void these contracts (through so-called stop-loss regulations) when the enlisted most want to leave: when they must kill and risk being killed. All branches of the military have implemented these stop-loss regulations because of the war on terror. This amounts to the nationalization of human beings.
 
Still, one wonders how much the ranks of the militarily employed would shrink in absence of antidesertion enforcement. If modern presidents had to recruit the way barons and lords recruited, and if they constantly faced the prospect of mass desertions, they might be more careful about getting involved in unnecessary, unjust, unwinnable wars, or going to war at all. Peace would take on new value out of necessity. When going to war, they might be more careful to curb their war aims, and match war strategies with those more limited aims.

In fact, we might discover through the study of the history of antidesertion statutes the key to the transition from the limited war and decentralized military of the medieval world to the mass murder of the modern total war. The legalization of desertion might provide the very key to bringing about a more humane world.

In the meantime, US officials would do well to stop complaining that Iraqi soldiers are being forced to serve and forced to kill. A press release from the Air Force announcing its new stop-loss rule says, "We understand the individual sacrifices that our airmen and their families will be making.… We appreciate their unwavering support and dedication to our nation."

One might even have a greater appreciation for their sacrifice (even if not their mission) if one knew that it were undertaken willingly.

This article is excerpted from It's a Jetsons World, "The Myth of the Voluntary Military" (2011).

source: Mises.org