Category Archives: History

One of the Original “Liberty Papers” Turns 800

A_Chronicle_of_England_-_Page_226_-_John_Signs_the_Great_Charter

A mere 572 years before the U.S. Constitution and the Bill of Rights, 561 years before the Declaration of Independence, and 465 years before John Locke’s Two Treatises of Government was a government-limiting charter which inspired the authors of each of these was the Magna Carta. In June of 1215, a full 800 years ago, a group of land barons had decided that they had enough of the tyrannical rule of King John. Rather than depose the king outright, the barons forced King John to surrender some of his powers, thus creating the concepts British Common Law and the Rule of Law.

The history of the Magna Carta and how it was almost quashed is quite interesting:

There are four copies of the charter still in existence – one each in Lincoln and Salisbury Cathedrals, and two in the British Library.
The curator of the Library’s exhibit, Dr Claire Breay, told Sky News: “The most important thing about Magna Carta is that it established the principle of the rule of law.

“No free man shall be seized or imprisoned or stripped of his rights, or outlawed or exiled, except by the judgement of his equals or by the law of the land. And that clause is really at the heart of Magna Carta’s fame today.”

Those who negotiated the treaty would be astonished at how its reputation has survived eight centuries, because it was annulled after only 10 weeks.
The Pope ruled that King John had been forced to sign it under duress. Yet in the years afterwards, the language in the charter was revised and reintroduced and became part of the cornerstone of English law.

Vicor Hugo famously said “No army can stop an idea whose time has come.” Shortly after King John’s signing of the Magna Carta, the idea of the rule of law had come; the divine rights of kings was no longer universally accepted.

Quote of the Day: Neoconservatism vs. Traditional Conservatism Edition

Jason Lewis wrote an opinion piece in the Star Tribune reminding readers that the foreign policy approach of Rand Paul (and even more so, his father Ron Paul) has more in common with 20th century Republicans than his contemporary rivals. Lewis opened his article with anti-war quotes from Ronald Regan, Robert Taft, Dwight Eisenhower contrasting with quotes of neocons Sen. John McCain, Sen. Tom Cotton, and Sen. Lindsey Graham.

Lewis writes:

The backlash against the Kentucky senator has been swift and unanimous — at least from the ranks of fellow would-be nominees for president. Louisiana Gov. Bobby Jindal’s over-the-top rhetoric, suggesting Paul is “unsuited to be the commander in chief,” is only the beginning. The Cheneys (Dick and Liz, that is) have said Paul is “out to lunch” on foreign affairs. […]

[…]

But the neoconservatives who have taken over the GOP are also running against party tradition. Indeed, the defining characteristic of 20th-century Republicanism could be defined as a wariness of war-minded leaders — from Woodrow Wilson to Lyndon Johnson. […]

[…]

Perhaps it’s time for all of today’s gung-ho Republican candidates and commentators criticizing Sen. Paul to explain once and for all why the GOP heroes of the past were wrong and how it is that big government abroad can ever lead to small government at home.

Traditionally speaking, I think Lewis is right: Rand Paul is the only Conservative Republican running for president so far.

A Sign of the Times – Nebraska Repeals the Death Penalty

"Old Main" NM State Penitentiary

Yesterday Nebraska became the latest state to repeal the death penalty. While this is encouraging as states in recent years have ended this barbaric practice, what is even more encouraging and unusual is the fact that Nebraska is a red state. Nebraska is the first predominately conservative state in 40 years to repeal the death penalty. This isn’t to say that all conservatives were on board with the repeal. Republican Governor Pete Ricketts vetoed the repeal but supporters overrode the veto with the minimum number of votes required by 30 to 19 (conservatives accounted for 18 of the votes in favor of repeal).

Pema Levy writing for Mother Jones elaborates:

Today’s vote makes Nebraska “the first predominantly Republican state to abolish the death penalty in more than 40 years,” said Robert Dunham, executive director of the Death Penalty Information Center, in a statement shortly after the vote. Dunham’s statement singled out conservatives for rallying against the death penalty and said their work in Nebraska is “part of an emerging trend in the Republican Party.” (Nebraska has a unicameral, nonpartisan legislature, so lawmakers do not have official party affiliations.)

[…]

“I think this will become more common,” Marc Hyden, national coordinator of Conservatives Concerned About the Death Penalty, said in a statement following the repeal vote. “Conservatives have sponsored repeal bills in Kansas, Montana, Wyoming, South Dakota, Missouri, and Kentucky in recent years.”

The article goes on to point out that in the most recent Pew survey that 77% of Republicans support the death penalty. My question is, why? Fellow Liberty Papers contributor Albert Northup made a compelling case earlier this year as to why conservatives and libertarians should oppose the death penalty:

Are you pro-life? Opposed to big government? Do you believe in reducing government spending? Do you support the death penalty? If you answered yes to all of these questions, then you may want to re-think your position on the death penalty. As supporters of life, liberty, property, and limited government, I believe that all conservatives and libertarians should oppose the death penalty.

I couldn’t agree more. Perhaps more conservatives will come around to this more logically, philosophically consistent position.

Neocons Gonna Neocon

kristol

Neocon William Kristol, writing on the pages of USA Today writes that “We were right to invade Iraq in 2003 to remove Saddam Hussein […]Even with the absence of caches of weapons of mass destruction…”

It’s quite clear that not only has Kristol not learned the lessons of Iraq but also is willing to rewrite the history in such a way to exonerate the Bush administration from its failings.

When President Obama took office, Iraq was calm, al-Qaeda was weakened and ISIS did not exist. Iran, meanwhile, was under pressure from abroad (due to sanctions) and at home (due to popular discontent, manifested by the Green uprising in the summer of 2009).

The Obama administration threw it all away. It failed to support the dissidents in Iran in 2009, mishandled the Iraqi elections in 2010, removed all U.S. troops from Iraq at the end of 2011, and allowed the Syrian civil war to spiral out of control from 2011 on.

Oh yeah I forgot, things were going great in Iraq until Barack Hussein Obama took office. If only the U.S. got more involved in the Iraqi elections (whatever that means) and “supported” dissidents in Iran (whatever that means) and kept U.S. troops in a bit longer (say another 100 years or so?) why today we might well be witnessing Jeffersonian democracy or a Madisonian republic in the Middle East! And the whole bit about WMD not being found in Iraq? Details. Who cares!

The USA Today editorial on the Iraq question has a bit more of a honest assessment directly challenging the Neocon narrative:

Nearly 4,500 Americans died, tens of thousands more were wounded, and $2 trillion was squandered in a war to destroy weapons of mass destruction that were never found.

And though the war disposed of a bloody dictator, Saddam Hussein, it ushered in something worse, at least for the United States: A sectarian civil war that killed hundreds of thousands of Iraqis and gave birth to Islamist terrorism, now under the banner of the Islamic State.

The more legitimate Afghanistan War was orphaned, turning it into a quagmire, and allies were alienated.

Today, Iraq is splintered and reeling. With the capture this week of the key Sunni city of Ramadi, ISIL is firmly in control of one chunk, and Iran — the war’s big winner — has great sway over another.

Okay, fair enough. But, but Obama set a premature timetable for retreat from Iraq before the mission could be accomplished…

Obama’s policies have indeed made things worse. But in arguing that he should have kept troops in Iraq longer, his critics skip over the inconvenient fact that he pulled out on a schedule negotiated by Bush. And, of course, had Bush not launched the war in the first place, there would have been no such mistakes to make.

There’s just no getting around those fundamental facts. The Neocon experiments have failed.

But what can you do? Neocons are gonna Neocon.

Misunderstanding Law, Government, and Society

GovernmentIsForceMost people… At least most people in modern western democracies… Seem to have a fundamental and unconscious assumption about the nature of law and government, that goes something like this:

 

 

 

Law and government, are or should be, the expression of the will of the majority, for the purpose of making collective decisions, taking collective actions, fixing problems and righting wrongs.

If I gave that definition to most people as what government “should” be, or even what it is, I’d guess they would agree.

But that’s not what law and government are at all. In fact, that notion of the nature of law and government, is not only wrong, it is extremely harmful.

What are law and government?

Government, is the instrument of collective delegation of the legitimate initiation and use of force against others.

Law, is the body of rules by which that force is administered and applied.

The only legitimate purpose for which, is to secure and protect the rights of individuals governed by them.

So, what’s the other thing, and why is this a problem?

The other definition, is more properly that of society (as distinct from culture).

Government is NOT Society, and Society, is NOT Government

This conflation of government, and society, is a very serious social and political problem because those who hold it… and I firmly believe it’s a large majority… believe that law and government, should be used for “doing what’s good, and stopping what’s bad”.

They naturally wish to see government do what they think is right, or best, and stop that which they think is wrong, harmful, or wasteful… And not just in areas where force should be applied.

They conflate “legal” with “good” and “illegal” with “bad”, and try to make laws against things which they think are bad, or mandating things which they think are good.

They often even conflate “legal” or “attempting to make legal” with “approving and supporting”, and “dissapproving and opposing” with “illegal” or “attempting to make illegal”.

This is incredibly harmful

We have allowed… even encouraged people… to deeply hold the fundamental notion, that they get to vote on other peoples opinions, choices, and behavior; and if their “side” wins the vote, that it is legitimate to make those things legal or illegal.

It also means that these people automatically and reflexively try to solve personal, moral, social, or societal problems, with government and law, when it is entirely inappropriate, even harmful, to attempt to do so. Most of those problems cannot be solved by the use of force;, or at best can only be solved inefficiently, ineffectively, and while violating the rights of others.

In encouraging this misapprehension, we have in fact made the personal, the political, and the political, the personal.

How do we stop the harm?

We must correct this critical error in peoples fundamental apprehension of law and government.

People need to understand, at the most fundamental level, that government is force, and that law is how that force is directed and administered. No more, no less.

If we don’t correct this misapprehension, then we will continue to simply seesaw back and forth between majoritarian tyrannies, as social changes dictate.

Rights will continue to be violated and abrogated as the opinions of society fluctuate.

The favored, will continue to be privileged over the disfavored at the expense of the disfavored’s rights, until the pendulum swings again and the roles are reversed.

Yes, I realize, that is largely how it has always been… But never has law and government had such a depth and breath, had so great a reach into our personal lives, as it does today, and this unfortunately shows no sign of receding.

The absurdity of this reach… and overreach… is finally becoming apparent to many people, on all ideological “sides”; be it the “war on drugs”, the “war on terror”, privacy and surveillance, or gay marriage and wedding cakes.

So, we have to take action, now

Use this growing awareness of the overreach, to help people understand.

We have to show people these aren’t just outlying excesses. That they result from the way we think of, look at, and attempt to use, government.

We have to get people to understand, that if they can say “there ought to be a law”, and then get a law made banning something that they don’t like; then their worst enemy, can get a law made banning something they love.

We have to return to the notion that fundamental rights matter, and that the only legitimate purpose of law, and government, is to protect those fundamental rights.

Everything else?

That’s up to individuals, and to society as a whole, NOT GOVERNMENT.

Voluntary collective action. If it’s really what people want, then they’ll work for it, without the threat of force. If it’s not really what they want, then we shouldn’t be forcing people to do it.

I am a cynically romantic optimistic pessimist. I am neither liberal, nor conservative. I am a (somewhat disgruntled) muscular minarchist… something like a constructive anarchist.

Basically what that means, is that I believe, all things being equal, responsible adults should be able to do whatever the hell they want to do, so long as nobody’s getting hurt, who isn’t paying extra

1 2 3 56