Category Archives: Individual Rights

Quote of the Day: MLK Day Edition


Martin Luther King Jr.’s “I Have a Dream” speech is unquestionably one of the most famous speeches in American history. In listening to the speech today, I found the following passages that aren’t as often quoted to be some of the most powerful lines in the speech.

In a sense we have come to our nation’s capital to cash a check. When the architects of our republic wrote the magnificent words of the Constitution and the Declaration of Independence, they were signing a promissory note to which every American was to fall heir. This note was a promise that all men, yes, black men as well as white men, would be guaranteed the unalienable rights of life, liberty, and the pursuit of happiness.

It is obvious today that America has defaulted on this promissory note insofar as her citizens of color are concerned. Instead of honoring this sacred obligation, America has given the Negro people a bad check, a check which has come back marked “insufficient funds.” But we refuse to believe that the bank of justice is bankrupt. We refuse to believe that there are insufficient funds in the great vaults of opportunity of this nation. So we have come to cash this check — a check that will give us upon demand the riches of freedom and the security of justice.

America has come a long way since King delivered this speech. Racial and ethnic minorities have made great strides thanks to courageous individuals like King who made a stand for liberty and justice (and in King’s case, paid with his life) and we are all better off for it.

Here is the rest of the speech. Listen and be inspired.

The Growing Cult of the Imperial Presidency

His Highness the President

Yesterday, President Obama used executive orders to further burden the fundamental right of self-defense. On the same day, in an effort to defend his Senate absenteeism, GOP candidate Marco Rubio gave his implicit endorsement to the concept of the imperial presidency.

Let us consider Obama’s action on gun control first. His executive orders grow the size of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), commit taxpayers to additional spending on programs he likes, and purport to expand the scope of existing background check requirements.

This did not constitute circumventing Congress, according to Senior White House advisor Valerie Jarett, because Congress “made it very clear they are not going to act.”

It is unclear what practical effect will be achieved by the expanded background checks. The existence of a loophole seems to have been exaggerated in the first place. Any change likely would not have made a difference in the high profile shootings supposedly motivating the President. As Jacob Sullum at Reason’s Hit & Run noted:

[The President] recited a litany of horrific, headline-grabbing mass shootings while proposing policies that would have done nothing to prevent them. Anticipating that his non sequitur would draw criticism, he boldly proclaimed that good intentions matter more than actual results…

The Obama faction of the cult-of-the-president does not care. They conceive of rights as things we get from parent-like leaders. Like well-behaved children, we ought to be grateful for the privileges we are permitted—not whining over the prerogatives of adults.

But if they are upheld (by the very courts GOP candidates like Ted Cruz, Jeb Bush and Mike Huckabee insist should defer to the political branches) Obama’s orders will have at least one meaningful impact, even if it is not on the homicide rate. The impact will be on the structure and scope of government power—and its increasing centralization in a single individual: an imperial president with the power and mandate to act where the people’s elected representatives have refrained from doing so.

As Bonnie Kristian, a communications consultant for Young Americans for Liberty, writes at Rare:

In most matters, contrary George W. Bush’s infamous assertion, the president is constitutionally not “the decider.”

He’s the doer.

Congress is supposed to be the decider—even (or sometimes especially) when it doesn’t do what the president wants.

Even this misses the target.

We are the deciders.

Rights are not things we are given, not privileges handed out to children by benevolent parent-kings. Rights are ours for the having unless and until we yield them. The only way to do that is via elected representatives. Even then our ability to give away rights is limited by the Constitutional framework our founders had the foresight to put in place.

It is not meant to be easy to give rights away.

Jarett and Obama are therefore wrong to lay blame on Congress’s “failure to act.” It is not that Congress has failed to act. It is that we, the people, have not in sufficient numbers directed our elected representatives to infringe further upon our fundamental rights of self-defense.

Use of executive orders to circumvent the collective will of the people’s representatives fundamentally alters our constitutional structure. The left might embrace this trend now, while their man is at the helm, and his target is guns. But how will they feel when it is a Ted Cruz or a Donald Trump circumventing Congress? When the executive power is used again to send troops to fight undeclared wars?

Incidentally, last year, Obama was the biggest seller of arms in the world, servicing buyers like Saudi Arabia and Syrian rebels (even though Congress has not declared war).

I wonder if he does background checks…

It is disappointing that on the same day Obama issued his executive orders, Marco Rubio gave his implicit endorsement to the idea that Congress is of secondary import to the will of the President.

His comments came in the context of his chronic Senate absenteeism, including for the end-of-year spending and tax bill vote, which has provoked criticism from other GOP candidates, including Rand Paul.

Well, you know, the difference between Marco Rubio and I is, I show up for work. And we had the biggest vote of the whole year, voting on a trillion dollars worth of spending, and he didn’t show up. So, yes, I think he ought to resign or give his pay back to the taxpayer.

When asked yet another question on the issue, Rubio’s attempt to defend himself was a big, depressing fail implicitly endorsing the growing cult of the imperial presidency.

I have missed votes this year. You know why? Because … only a president can set the agenda. We’re not going to fix America with senators and congressmen.

Perhaps Rubio could point us to where in the Constitution the power to “set the agenda” is granted exclusively to the President.

I checked Article II and didn’t see it.

You know how everyone has that thing? The thing drives them crazy? Like the sound of nails on a chalkboard? Maybe it is baristas misspelling names. Or your when it should be you’re. People who use literally to mean figuratively.

That song from Frozen.

For me, it is people talking about “our leaders.”

U.S. citizens don’t have leaders. We have representatives. They don’t tell us what to do—we tell them how to voteSee Article I, The Constitution.

We also have a chief executive. His job is to execute the laws passed by Congress, deal with foreign countries, and provide information to Congress. He also serves as Commander-in-Chief of the military.

But not of us.

To the contrary, we pay him for his “Services.” See Article II, The Constitution.

No one commands us. No one leads us. And no one rules us. That is what it means to be free.

The number of people who react with hostility and defensiveness to this notion is bizarre to me. It is as if they want to be led, like when I first left home and missed having my parents tell me what I should do. Being leaderless means being responsible.

So maybe deep down, those who would rather not shoulder such burdens harbor an unconscious longing for the days of monarchs. When the best-born among us led the way atop magnificent horses, swords and armor flashing in the sunlight, obliterating responsibility by demanding complete allegiance—leaving we lesser souls to imagine ourselves as scullery-maid-turned-princess from the safe distance of our own servitude.

Easier to daydream of being transported to the prince’s ball in an enchanted pumpkin wearing a gown made of magic than to actually climb up on a horse of one’s own.

But the willing subjects are as dangerous as the would-be kings.

Sarah Baker is a libertarian, attorney and writer. She lives in Montana with her daughter and a house full of pets.

How Anarchists Should Confront the Enemy Within

The Challenge

In the aftermath of the most recent terrorist attacks in Paris, a commenter calling herself Mrs. Lemuel Struthers on Reason’s Hit and Run threw down the gauntlet:

What I’d really like to hear is a libertarian/classical liberal approach to approaching this problem of a minority of anti-liberals within a society engaging in war-like behavior (murder) while using the values of the society they live in to promote their ideology. The enemy within – if you will. While at the same time demographic and immigration trends tend to support the likely enlargement of populations who will tolerate and even encourage that ideology.

And, just to be clear, I was really asking how France should address its issues from a an-cap perspective, not the USA.

I take up her challenge with this post.  The post actually contains two mini essays. One about France like she asked. But first, I will start with an essay about Ancapistan… the one she said she wasn’t interested in (because the essay about France would be incomprehensible without it)! ;) » Read more

I am an anarcho-capitalist living just west of Boston Massachussetts. I am married, have two children, and am trying to start my own computer consulting company.

Quote of the Day: ‘Constitutionalist’ Inconsistency Edition

The poster child for faux Constitutionalism

From Mike Maharrey’s post: The Constitutional Inconsistency of Many “Constitutionalists”

This short statement sums up many people’s views on “constitutionalism” and “limited government” in a nutshell. It goes like this. If the government tries to do something ‘limited government guy’ disapproves of – regulating light bulbs or soda consumption – he will scream “limited government” and point at the Constitution. But when the federal government does something ‘limited government guy’ deems necessary, he makes excuses for it, and supports it, whether authorized by the Constitution or not.

The federal government lacks the constitutional authority to do any of these things. But ‘limited government guy’ wants the feds to enforce airline security because he finds it “a good idea.” Here’s the thing: a lot of people think telling ‘limited government guy’ how many ounces of soda he can drink is a good idea. A lot of people think telling ‘limited government guy’ what kind of light bulb he can screw into his fixture is a good idea.

So, why exactly should the federal government implement the things ‘limited government guy’ likes (airport security) and not those others things he dislikes? He really doesn’t have any basis to object, other than his conception of “good ideas.” He’s already tacitly admitted the federal government can do pretty much anything. Now it only comes down to whether it should.


Of course, this is all pretty much moot in 2015 because Americans don’t really give a crap about what the Constitution says or means any more – unless it relates to abortion, porn, gay marriage or keeping somebody from slapping the 10 Commandments up in a public space.

By the way, I bet ‘limited government guy’ thinks it’s a great idea for the feds to meddle in some of those things too.

I’ve encountered quite a bit of these “constitutionalists” and “limited government guys” recently. For example, there are actually “limited government” people in my social media feeds who think anything related to Islam should be banned (burkas, mosques, “Sharia Law” in private family matters, the very practice of Islam itself etc.). “Islam isn’t a religion, it’s an ideology (or cult, or philosophy, or…). Even if I were to concede that point (which I don’t), banning Islam or any other expression of conscience which does not violate the rights of others would still be a flagrant violation of the First Amendment. A true “limited government” person supports the rights of people with whom s/he disagrees.

Mike Maharrey is definitely onto something here. Most people aren’t really in favor of liberty for “others” but only for themselves.

Ills That Underlie Violence Go Beyond a Shortage of Gun Control

portrait of schoolboy looking bored

Today I respond to the accusation that, beyond defending their own freedom, gun rights advocates offer only ¯\_(?)_/¯ in response to the problem of violence. In truth, I have deeply-held beliefs about the ills that plague modern society. Addressing some of them might impact the rate violence.

Doing so, however, would be more complicated, more difficult and require more compromise than I think most would-be agents-of-change really want to put forward. This is my challenge to them.

Guns are a tool of violence, not a cause. To find cause, one must look deeper.

Start with the cheap, shallow, one-size-fits all blueprint for life we bequeath sheep-like to our children, most of whom never commit violence, but who suffer in legions from some degree of the same aimless, disaffected, lack of fulfillment reflected in the manifestos left behind by the ones who do.

Eighteen years of artificially prolonged childhood, most of it spent in government run schools. Another four to seven years of delayed adulthood in the university system that is “the new high school.” An 8-to-5 job with a few weeks of vacation per year. Marriage, house, kids, retirement and here’s your gold watch, well done!

Literally, every element of that blue print needs to be re-examined.

Our Public Schools Are All Wrong. Children are meant to move, to explore, to question, test and try. Our schools are designed to enforce the opposite. Sit down, hold still, be quiet, and do as one is told. Learn the subjects and in the ways and at the pace dictated by the enlightened bureaucracy who drew up the blueprint.

National standards make this worse—not because the curriculums are bad, but because they do not light a spark in every child, but force schools to “teach to the test” rather than encourage individual interests.

What we need are young people so filled with spontaneity and wonder and interest and passion and joy that they never have a chance to feel empty or aimless or disaffected or isolated. We want them learning to follow their own directions and find their own projects so that they know how to fill their own spaces inside.

Instead, after eighteen years of conformity and confinement—waiting for permission to speak, to move, to go to the bathroom; memorizing information available in seconds on the phone in their pocket to take tests that don’t matter and learn skills they won’t need for jobs that no longer exist in an economy that has moved on—they no longer even remember what it was to have agency and interests and pursuits and passions that weren’t served up by the faceless social engineers who pre-planned their lives.

And we wonder why they turn their anger outward when they find themselves empty on the inside.

We wonder why so many shootings happen at schools and universities.

More Variety and More Choice. I have always been fascinated by people who focused from a very young age on working toward starting a business. Anecdotally, my observation is that this focus correlates with being a first or second-generation immigrant to the U.S.

Statistics bear this out.

For whatever reason, the U.S. culture does not impart this focus, or the skills necessary to achieve it, to our children. At best we fail to encourage—at worst we actively discourage—young people from doing things like starting businesses, pursuing trades, making movies, starting websites, touring with symphonies or otherwise rocking the boat that is the carefully calibrated public school system designed for an economy that no longer exists.

Instead, after a second period of delayed adulthood in the “new high school” that constitutes our university system, we graduate them into the world as overgrown children, searching for jobs (a new place to sit down, hold still, pay attention and obey) rather than creating them.

We ought to encourage them early to nurture all that messy, disorderly, nonconforming creativity into internal flames to fend off the chill of the inevitable disappointments and hardships of an imperfect world. As it happens the same qualities and pursuits that would nurture that flame are the ones the new economy demands (so convenient!). Creativity. Innovation. Outside-the-box imagination. Experimentation. Risk-taking. Self-motivation.

We don’t need more high school. We need more trade schools, apprenticeships, artists, entrepreneurs, more alternatives and more choice.

More Options for Spirituality. Our culture provides little recognition or support for spirituality outside the mainstream religions. At best, alternative sources of spiritual fulfillment are ignored or denied as a basis for a moral, meaningful life. At worst, they are mocked.

This is wrong. This is yet another area in which people on the fringes are pushed away from the very things that might otherwise gird them against emptiness and alienation, the very connections that might otherwise pull them back from the edge.

We should reconsider forcing the choice between indoctrination into a religion that does not resonate or derision for looking elsewhere. The only correct response to a person seeking spiritual fulfillment outside the major religions is: “That’s great. How can I help?”

The Disastrous Collision of Victorian Prudery and the Aimless Hookup Culture. Our sexual paradigms are as limited and disappointing as our schools and spirituality. We continue to largely limit young people to two seemingly opposite, but both deeply unhealthy, models.

On the one hand, still being taught in the aforementioned public schools, is the idea that all sex before marriage is bad, that young women who do it lack worth and young men who ask for it lack respect. On the other is the hookup culture endemic to our universities in which young people drink themselves into oblivion as a prelude to sexual encounters they otherwise lack the skills or fortitude to effectuate—and in which the point for young women is deeply obscured by the fact that they aren’t achieving either relationships or pleasure.

A recent post at The Harvard Crimson by a student who was raped reflects some of the ways in which the terrain between these two models has yet to be mapped. Let’s consider equipping young people with better tools than getting wasted or just seeing where it goes—tools like straightforward, sober communication about wants and needs and how to ensure they are compatible and met for both parties.

What does sex have to do with violence?

A more sex-positive culture and education might lead to fewer bitter fallouts from failed relationships, fewer unwanted pregnancies, and fewer ill-considered marriages, all of which lead to the broken families and absentee parents that correlate with violent crime.

Beyond that, as Bill Maher is getting some heat for suggesting, sexual frustrations have played a role in the downward spirals of mass killers from Roseburg, Santa Barbara and Oklahoma City, to Sandy Hook and Virginia Tech.

Coincidentally, Scott Shackford had a post at Reason recently covering the importance of sex work to the mental health of the socially disenfranchised. Another change to consider—for those who dare.

Conclusion. We are blessed to live in uncommonly safe and peaceful times. Violence is on a downward trajectory. But there are still dysfunctions to be addressed.

It won’t be as easy as closing the gun show loophole.

Sarah Baker is a libertarian, attorney and writer. She lives in Montana with her daughter and a house full of pets.
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