Category Archives: Liberty

Whodunit? Who “Meddled” With Our Democracy? (Part 2)


©2018 By ILANA MERCER

Not a day goes by when the liberal media don’t telegraph to the world that a “Trumpocracy” is destroying American democracy. Conspicuous by its absence is a pesky fact: Ours was never a country conceived as a democracy.

To arrive at a democracy, we Americans destroyed a republic.

One of the ways in which the republic was destroyed was through the slow sundering of the 10th Amendment to the Constitution. The 10th was meant to guarantee constitutional devolution of power.

“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.”

The de facto demise of the 10th has resulted in “constitutional” consolidation.

Fair enough, but is that enough? A perceptive Townhall.com reader was having none of it.

In response to “Whodunit? Who ‘Meddled’ With Our American Democracy” (Part 1), the reader upbraided this writer:

“Anyone who quotes the 10th Amendment, but not the 14th Amendment that supplanted it cannot be taken seriously.”

In other words, to advance the erosion of the 10th in explaining who did our republic in, without mentioning the 14th: this was an omission on the writer’s part.

The reader is admirably correct about Incorporation-Doctrine centralization. 

Not even conservative constitutional originalists are willing to concede that the 14th Amendment and the attendant Incorporation Doctrine have obliterated the Constitution’s federal scheme, as expressed in the once-impregnable 10th Amendment.

What does this mean?

You know the drill but are always surprised anew by it. Voters pass a law under which a plurality wishes to live in a locality. Along comes a U.S. district judge and voids the law, citing a violation of the 14th’s Equal Protection Clause.

For example: Voters elect to prohibit local government from sanctioning gay marriage. A U.S. district judge voids voter-approved law for violating the 14th’s Equal Protection Clause.

These periodical contretemps around gay marriage, or the legal duty of private property owners to cater these events, are perfectly proper judicial activism. It flows from the 14th Amendment.

If the Bill of Rights was intended to place strict limits on federal power and protect individual and locality from the national government—the 14th Amendment effectively defeated that purpose by placing the power to enforce the Bill of Rights in federal hands, where it was never intended to be.

Put differently, matters previously subject to state jurisdiction have been pulled into the orbit of a judiciary. Yet not even conservative constitutional originalists are willing to cop to this constitutional fait accompli.

The gist of it: Jeffersonian constitutional thought is no longer in the Constitution; its revival unlikely.

A Court System Centralized

For another example of the endemic usurpation of The People, rendering the original Constitutional scheme obsolete, take the work of the generic jury. With his description of the relationship between jury and people, American scholar of liberty Lysander Spooner conjures evocative imagery.

A jury is akin to the “body of the people.” Trial by jury is the closest thing to a trial by the whole country. Yet courts in the nation’s centralized court system, the Supreme Court included, are in the business of harmonizing law across the nation, rather than allowing communities to live under laws they author, as guaranteed by the 10th Amendment to the Constitution.

States’ Rights All But Obliterated 

Like juries, states had been entrusted with the power to beat back the federal government and void unconstitutional federal laws.

States’ rights are “an essential Americanism,” wrote Old Rightist Frank Chodorov. The Founding Fathers as well as the opponents of the Constitution, the Anti-Federalists, agreed on the principle of divided authority as a safeguard to the rights of the individual. 

Duly, Thomas Jefferson and James Madison perfected a certain doctrine in the Virginia and Kentucky Resolutions of 1798. “The Virginia Resolutions,” explains historian Thomas E. Woods, Jr., “spoke of the states’ rights to ‘interpose’ between the federal government and the people of the states; the Kentucky Resolutions used the term nullification—the states, they said, could nullify federal laws that they believed to be unconstitutional.”

“Jefferson,” emphasized Woods, “considered states’ rights a much more important and effective safeguard of people’s liberties than the ‘checks and balances’ among the three branches of the federal government.”

And for good reason. While judicial review was intended to curb Congress and restrain the Executive, in reality, the judicial, legislative and executive unholy federal trinity has simply colluded, over time, in an alliance that has helped abolish the 10th Amendment.

Founding Faith Expunged  

And how well has First Amendment jurisprudence served constitutionalists?

Establishment-clause cases are a confusing and capricious legal penumbra. Sometimes displays of the Hebraic Decalogue or manger scene are taken to constitute the establishment of a state religion. Other times not.

This body of law forever teeters on conflating the injunction against the establishment of a state religion with an injunction against the expression of faith—especially discriminating against the founding faith in taxpayer-supported spaces.

The end result has been the expulsion of religion from the public square and the suppression therein of freedom of religion.

On the topic of religious freedom, Jefferson was prolific, too. The Virginia Statute for Religious Freedom was a crowning achievement for which he wished to be remembered, along with the Declaration of Independence and the founding of the University of Virginia.

Jefferson interpreted “Congress shall make no law respecting the establishment of religion, or prohibiting the exercise thereof”—as confirms by David N. Meyer, author of Jefferson’s Constitutional Thought—to guarantee both “an absolute free exercise of religion and an absolute prohibition of an establishment of religion.”

Yet somehow, the kind of constitutional thought that carries legal sway today prohibits expressions of faith or displays of a civilizing moral code in government-controlled spheres. Given my libertarian view of government’s immoral modus operandi, I find this amusingly apropos. Still, this is not what Jefferson had in mind for early Americans.

Indeed, why would anyone, bar Nancy Pelosi and her party, object to “thou shall not kill” or “thou shall not commit adultery, steal or covet?” The Ten Commandments can hardly be perceived as an instrument for state proselytization.

Nevertheless, the law often takes displays of the Decalogue or the nativity scene on tax-payer funded property as an establishment of a state religion.

“I consider the government of the U.S. as interdicted by the Constitution from intermeddling with religious institutions, their doctrines, discipline, or exercise,” Jefferson expatiated.

He then gets to the soul of the subject: “This results not only from the provision that no law shall be made respecting the establishment, or free exercise of religion but also from the Tenth Amendment, which reserves to the states [or to the people] the powers not delegated to the U.S.”

So, dear reader, if there’s one thing we know for sure, it’s that the Russians didn’t deep-six our republic of private property rights and radical decentralization; we did.

***

Ilana Mercer has been writing a weekly, paleolibertarian column since 1999. She is the author of “Into the Cannibal’s Pot: Lessons for America From Post-Apartheid South Africa (2011) & “The Trump Revolution: The Donald’s Creative Destruction Deconstructed (June, 2016). She’s on Twitter, Facebook, Gab & YouTube

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Freedom, Whisky, Scotland, & Secession, with David Farrer


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On Show 24 of the Mises UK Podcast, with host, Andy Duncan, we speak with our Caledonian man in Edinburgh, David Farrer, the power behind the throne on the ‘Freedom and Whisky’ blog site. We talk about the current state of Scotland as regards freedom, whisky, socialism, and secession, given the failure of the 2014 referendum to secede Scotland from the United Kingdom, and the rumblings of a second secessionary referendum planned by the Scottish National Party, slated possibly for 2021.

Sponsored by: http://finlingo.com/

iTunes: https://itunes.apple.com/gb/podcast/misesuk-org-podcast/id1322473728

Music: http://www.bensound.com/royalty-free-music

Menos Marx, Mais Mises, with Helio Beltrão


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On Show 23 of the Mises UK Podcast, with regular host, Andy Duncan, we speak with Helio Beltrão, the founder and president of ‘Instituto Mises Brasil’, about the recent 200-year celebration of Karl Marx’s birth. We also cover the success that Mises Brasil has had spreading the ideas of Mises within Brazil and also, and how these ideas can be translated into plans of action to help the growth of other Mises institutes around the world.

Sponsored by: http://finlingo.com/

iTunes: https://itunes.apple.com/gb/podcast/misesuk-org-podcast/id1322473728

Music: http://www.bensound.com/royalty-free-music

Texas Vs. The Pacific Coast: Explaining The Yankee Mindset


©2018 By ILANA MERCER

I recently traveled to Texas to speak about South Africa, at the Free Speech Forum of  the Texas A & M University.

To travel from the Pacific Northwest all the way to College Station, Texas, without experiencing more of the “Lone Star State” was not an option.

So, after driving from Austin eastward to College Station (where I was hosted by two exceptional young, Southern gentlemen), I headed south-west to San Antonio. There I lingered long enough to conclude:

The Republic of Texas is a civilization apart.

Ordinary Texans—from my brief travels—tend to be sunny, kind and warmhearted. Not once did I encounter rude on my Texas junket.

On the Pacific Coast, however, kindness and congeniality don’t come naturally. State-of-Washington-statists are generally aloof, opprobrious, insular. And, frankly, dour.

Southern historian Dr. Clyde N. Wilson tells of receiving “a package containing a chamber pot labeled ‘Robert E. Lee’s Soup Tureen.'”

It came from … Portland, Maine.

Unkind cuts are an everyday occurrence around here, where the busybody mentality prevails.

Stand still long enough, and they’ll tell you how to live. They’ll even give chase to deliver that “corrective” sermon. A helmeted cyclist once chased me down along a suburban running trail.

My sin? I had fed the poor juncos in the dead of winter. (Still do. Bite me, you bully.)

Having caught up with me, SS Cyclist got on his soap box and in my face about my unforgivable, rule-bending. Wasn’t I familiar with the laws governing his pristine environmental utopia?

Didn’t I know that only the fittest deserved to survive? That’s the natural world, according to these ruthless, radical progressive puritans.

Yes, mea culpa for having an exceedingly soft spot for God’s plucky little creatures.

When a Washington statist gets wind of your core beliefs—why, even if your use of the English language irks His Highness—he will take it upon himself to fix your “flaws,” try to make you over in his sorry image.

For the distinct cluster of characteristics just described, Dr.  Wilson aforementioned uses the term Yankee.

The professor, whose métier is American intellectual history, was described by Eugene Genovese as “an exemplary historian who displays formidable talent.” Another stellar scholar, Thomas Landess, lauded Wilson as “a mind as precise and expansive as an encyclopedia.”

Duly, Dr. Wilson makes the following abundantly clear: By “Yankee,” he does not mean “everybody from north of the Potomac and Ohio.”

“The firemen who died in the World Trade Center on September 11 were Americans. The politicians and TV personalities who stood around telling us what we are to think about it are Yankees.”

“Yankee” as a designation belongs to “a peculiar ethnic group descended from New Englanders, who can be easily recognized by their arrogance, hypocrisy, greed, lack of congeniality, and a penchant for ordering other people around.”

“A perversity of character,” said Thomas Jefferson succinctly of the Yankee character.

Indeed, “Puritans long ago abandoned anything that might be good about their religion but have never given up the notion that they are the chosen saints whose mission is to make America, and the world, into the perfection of their own image.”

The cover of Wilson’s “The Yankee Problem: An American Dilemma” is bedecked with the quintessential Yankee mugs of Hillary Clinton, George W. Bush and John Brown, each a murderer in his or her own right. The one butchered with his bare hands. The other two killed by proxy.

The contemporary face of the fanaticism alluded to here is pundit Richard Painter, who is the spitting image of Brown. A Republican until Trump, Painter is now a member of the anti-Trump high-command at MSNBC.

In zealotry, Painter could pass for the terrifying Radical Republican Thaddeus Stevens.

A broader truth hit me in the solar plexus during the sojourn from the American Deep North to The South. On hand to better contextualize it is my friend, Clyde Wilson:

Texas is still a Red State, despite a large number of minorities. That is because Texas, as you observed, Ilana, has a real culture. That means that there is a reality there that minorities can identify with and assimilate to. Unlike, say, Chicago or New Jersey or L.A., where they simply become aggrieved ‘victims,’ clamoring for special benefits, that being the only culture present.

The peculiar character of the Yankee was observed by Tocqueville in the 19th century and Solzhenitsyn in the 20th. The first great American novelist, James Fenimore Cooper, wrote a whole series of books about the New England Yankees who spread into and destroyed the unique culture of his home country of Upstate New York.

Plenty of Northerners, like Governor Horatio Seymour of New York and Governor Joel Parker of New Jersey, blamed the War between the States on New Englanders, and not the South, which simply wanted to be let alone. One cannot really grasp American history unless you understand how Yankees have dominated and distorted it since the late 18th century.”

 

Ilana Mercer has been writing a weekly, paleolibertarian column since 1999. She is the author of “Into the Cannibal’s Pot: Lessons for America From Post-Apartheid South Africa (2011) & “The Trump Revolution: The Donald’s Creative Destruction Deconstructed (June, 2016). She’s on Twitter, Facebook, Gab & YouTube

The Oddest Book Review in History?


Note – As of the 12th May 2018, this review is being published in instalments here. It is supposed to be a bad review. All I can say is that I wish I had more reviews like this one! The writer is going through the book a chapter at a time, with almost as much concentration as I put into writing it. He has only reached Chapter Three, and his review and the comments on his review have reached five thousand words. SIG 


Being an entirely partisan review and analysis of The Churchill Memorandum – Or ‘Dirigibles, Acid Baths and Bullet-Trams, Oh My!’

In December 2017 I was scrolling through the entries in the Alternate History recommendations on the Kindle store, when I came across The Churchill Memorandum, an alternate history novel featuring a (rather bad) waxwork of Winston Churchill on the cover. It was written by Sean Gabb (who I recommend you Google) and was free, so I purchased it, hoping that I had found another hidden gem in the AH genre, so rare these days outside of Sea Lion Press.

How wrong I was.

How

Wrong Read more

Space Aliens: Do They Walk Among Us?


Space Aliens: Do They Walk Among Us?
Richard Blake

Though what he really said is open to doubt, the nuclear physicist Enrico Fermi gave his name to an elegant and seemingly convincing argument against the existence of intelligent life on other planets. There are 200 billion stars in our galaxy alone. 20 billion of these are like our own sun. Let us assume that one in five of these has planets – and we find new exoplanets every year – and let us assume that one in a hundred of these one in five has one planet with liquid water: that gives us 40 million earth-like planets. I will not carry on with the assumptions, but it seems reasonable that there should be around a hundred thousand other advanced civilisations in our galaxy alone.

This being so, the “Fermi Paradox” asks, where are they? So many other civilisations – so many of them presumably older and more advanced than our own – and they have not visited us. Nor, after generations of scanning with radio telescopes, have we detected any unambiguous signals from them. Either intelligent life on other planets does not exist, or it is so rare and so far apart in time or distance or both, that we shall never find it.

Writing in 2008, Nick Bostrom of Oxford University takes the argument to conclusions that are either depressing or exhilarating. He proposes a set of Great Filters, each of which limits the emergence of intelligent and technologically-advanced life. The most obvious filters are in the past. We shall soon be able to estimate how many planets in our galaxy have liquid water. We still have do not know how life begins. Obviously, it began here. But we have never been able to create a self-replicating organic process in our laboratories. It may be very unusual. It may also be very unusual, once begun, for this process to evolve beyond the very simple. Then it may be very unusual for larger and more complex living structures to evolve, and hardest of all for anything to emerge with the right combination of mind and appendages to enable the birth of a technological civilisation.

Or the Great Filter may be in the future. It may be that civilisations like our own are reasonably common – but that they invariably blow themselves up shortly after finding how to split the atom.

Bostrop’s conclusion is to hope that, when we get there, we shall find that Mars is, and always has been, a sterile rock. Independent life of any kind on a neighbouring planet would suggest a universe teeming with life, and some probability of civilisations like our own. This being so, the lack of contact would put his Great Filter in the future, and would suggest that we are, on the balance of probabilities, heading for self-extinction. No life at all on Mars, now or in the past, would let him keep hoping that the Great Filter is in the past, and that we may have a splendid progress before us.

The main counter-argument to the Fermi Paradox is that aliens have made contact with us. Since at least the 1940s, there have been thousands of reported sightings of unidentified flying objects and their crews. The problem with this counter-argument is that the claims of UFO sightings all appear to involve some kind of deception. Most lights in the sky turn out to have a human or astronomical origin. Most claims of physical contact are made by frauds or persons of unsound mind. In the past few days, I have watched dozens of YouTube videos that claim to show various kinds of alien encounter. Every one of them strikes me as fraudulent.

The wider claim of a conspiracy between governments and aliens can be dismissed at once. The most obvious deal between these parties is that our rulers give resources to the aliens, and they give our rulers a more advanced technology. But I can see no discontinuous leap in any technology. Everything we have now would have seemed marvellous to a man in 1948. But all of it has plainly grown out of what we already had in 1948. There are no warplanes with anti-gravity paint on them, no telepathy machines, no teleportation. Our rulers continue to get old and decrepit, and to die. Many people claim to have seen Elvis Presley since 1977. No one claims to have seen a rejuvenated and renamed Ronald Reagan or Margaret Thatcher, or any of the Rothschilds or Rockefellers. Bill Gates looks authentically past the bloom of youth.

Nevertheless, I do not believe that every reported sighting is untrue. I cannot say which ones are true. But I do find it likely that some are true. The problem with modern claims is that they involve a mass of intellectual “white noise.” We live in a civilisation where primitive space travel is an established fact. We can easily imagine more sophisticated forms of travel between stars. We are willing to consider the possibility of life beyond the stars. Many of us want to believe in life beyond the stars. Therefore thousands of reported sightings that involve some kind of deception. How to decide if any may be true?

The answer, I suggest, is to look into the past. Despite a scientific consensus growing since before 1600, the general idea, until then, was that our planet was the largest object in the universe, and was at the centre of the universe. Angels might visit from the skies, but hardly anyone imagined there was any place above the skies from which natural beings might arrive. So, are there any records of UFO sightings from before our own Age of Science?

There are many. I will give two of these. I could give more, but have decided to give the only two I can find that I can be sure have not been forged in modern times. When I was a boy, I read and believed Erich von Daniken. I then discovered that most of his alleged evidence from ancient times was based on doctored or just fabricated documentation. I therefore take two records of sightings that are in Latin – a language I can read – and that can be found in published texts of undoubted repute. For your benefit, I give both English translations and images of the pages where the originals can be found.

My first account is by Agobard, a bishop of the ninth century. Note that he refuses to believe the story he has heard. Note also, however, the claim of flying vessels, engaging in some kind of trade.

We have seen and heard many overcome by such madness, separated by such stupidity, that they believe and say there is a certain place called Magonia, from which [place] ships come through the skies, in which [ships] are carried back to that place [Magonia] the crops which were ruined by hailstones and lost in storms – these sky-sailors making payment to the Tempestarii [Masters of the Storms?], and having in exchange wheat and other crops. From these [people] so blinded by deep stupidity, that they are able to believe such things can happen, we have seen many at an assembly, showing off four captives – three men and one woman – as having fallen from these ships. These they showed in chains for several days in this assembly, as I have said, in my presence, saying that they should be stoned to death. But, truth overcoming them after much debate, the people who had shown the prisoners were confounded, in like manner to the words of the prophecy, that the thief is defeated when captured. (Bishop Agobard of Lyons, d. c840, “Liber Contra Insulam Vulgi Opinionem de Grandine et Tonitruis,” c.II – given on p.148 in Patrologiae Latinae, Vol. 104, Migne Edition, Paris, 1864)

My second account is by Gervase of Tilbury, writing in the early thirteenth century.

In our own day appears new corroboration of the greatness of the sea which is above the sky. This is well-known, but wondrous even so. On a feast day in Great Britain, when the people had finished attending a service and were leaving the church, and it was dull and dark outside, because the sky was covered in dense cloud, there appeared the anchor of a ship above the tombstones. Its hook stuck under a fence, and the stretched cable went high into the sky. Everyone was amazed by this vision, and spoke much about it. At last, they saw the cable begin to move as if someone were trying to move the anchor. When the anchor remained stuck, a voice was heard in the heavy air as of sailors when they seek to recover a stuck anchor. Without delay, the work going nowhere, the crew chose one sailor, who came down the cable. He came down hand-over-hand just as our own sailors do. As soon as he let go, he was seized by those who were standing close by. He died in their arms, suffocated by the damp of our heavy air as if drowned in the sea. The sailors who remained above decided that their companion had drowned. After one hour they cut the cable and sailed away leaving the anchor behind. Afterwards, following prudent advice, it was decided to make iron fittings for the church doors out of this anchor in commemoration of the event. They can still be seen there. (Gervase of Tilbury, c1200, Otia Imperalia, Hanover, 1856, pp.2-3)

These accounts are widely-spaced in time. They seem to owe nothing to each other. They prove no theological point. One of them is sceptical. They both speak of ships in the sky. One of them speaks of a crew member unable to breathe our air. It is a rebuttable presumption that both are garbled accounts of UFO sightings. They are of undeniable authenticity. If I had the relevant language skills, I have no doubt I could find similar accounts in Arabic and Chinese. I will not look for these, because I am unable to vouch for their authenticity. But the Latin is enough for me.

Why might aliens be interested in us? I have no idea, and see no value in speculating. Why they seem to have taken less care in the past to hide themselves than nowadays is easier to answer. When I was a very young boy, the women in my family would get dressed and undressed in front of me, confident I would never remember anything when I grew older. As I did grow older, they behaved with greater modesty. In the same way, it makes sense that an alien mission of some kind would show itself to intelligent but untechnological beings, making greater efforts at concealment only when these beings began a rapid course of technological progress. What these aliens might be doing here is unknown. But the evidence that they are here begins to mount long before the 1940s.

Now, an objection to both these texts is that they are taken from longer works filled with other marvellous accounts that I would dismiss out of hand. Am I not giving my belief in an arbitrary way? I do not think I am. If a monk is said to have converted the heathen by cooking meat without fire, or by raising a man from the dead, this can be dismissed as involving some kind of deception. Our knowledge of how the world works has no room for miracles. But there is nothing miraculous about a UFO sighting. As said, if a man says now that he saw a flying saucer, our default response should be sceptical. When a writer of the middle ages reports a sighting, what he says should be taken into consideration.

Another objection to my general point is that the texts may record folk memories of a long-vanished human civilisation on this planet. The flying ships may be distant Echoes from Atlantis. There is an easy reply to this objection. Since about 1500, we have made obvious and irreversible changes to the planet. We have introduced tobacco and tomatoes to Europe, and horses to South America and rabbits to Australia. We have extracted all the mineral resources that can be easily got at. If the human race vanished tomorrow, and all our cities fell to dust or were overspread by jungle, it would still be obvious to any alien visitor that the Earth had once supported an advanced civilisation. The fact that we took control, after 1500, over a virgin planet indicates that ours is the first advanced civilisation on this planet.

This being so, anomalies like the Baghdad batteries and these accounts of flying ships are more easily explained as echoes of low-scale alien visitation. Those mediaeval chronicles raise an arguable case. The burden of proof is on the doubters.

Here, then, is my answer to the Fermi Paradox. The universe may well be teeming with life. And I certainly look forward to exploring those Pyramids on Mars.

 

Marx, the Pope, & Inequality


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On Show 22 of the Mises UK Podcast, Andy Duncan speaks with the Reverend Rory McClure, a Free Church Pastor for an independent evangelical church, about the subject of inequality in society, and how inequality measures up within Christianity. We touch upon Marx, the Old Testament, the New Testament, Pope Francis, socialism, and diversity.

Sponsored by: http://finlingo.com/

iTunes: https://itunes.apple.com/gb/podcast/misesuk-org-podcast/id1322473728

Music: http://www.bensound.com/royalty-free-music

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