The role of politics is to decide who controls the figurative pencil or another resource at any particular time and for what ends. The same could be said of government. Two individuals might have diametrically opposed reasons for supporting a government, but they both support the existence of government. For example, Thomas Jefferson stated that government should be established to secure our individual inalienable rights. In comparison, Benito Mussolini said, “Fascism conceives of the State as an absolute, in comparison with which all individuals or groups are relative, only to be conceived in their relation to the State.”

These two ideas cannot both be true at the same time. Nevertheless, there is an ideal form of government that could conceivably achieve both Jefferson’s and Mussolini’s ends, though not at the same time, of course.

What Is Meant by ‘Government’

As the argument goes, men are not angels, so government is necessary to resolve disputes that arise. But what is a government? John Locke put much thought into this and decided that a functioning government needed to satisfy three “inconveniences” that would arise when living in a society that lacked a government. Locke believed there needed to be a known, settled law by which all disputes are ruled against. Second, he believed there must be a sufficient threat of force behind those ruling so they are followed. Third, a government would need to function as an independent judge of disputes.

Why a Worldwide Dictatorship

The only way to remotely satisfy all three “inconveniences” is to establish a world government. Governments exist now in a state of anarchy with one another as there exists no supra-government that lives up to Locke’s standards to enforce international laws and agreements. Because of their ability to offset the costs of aggression with taxes, governments pose a far graver danger to peace and security than do regular criminals, so a world government is imperative if local or national governments exist. Citizens of other countries also exist in a state of anarchy with citizens of other countries, although this seems to be less of a problem than government-on-government coercion. The United Nations is the closest thing that resembles a world government, yet it does not have the power to coercively impose taxes on citizens of its member nations. Member nations voluntarily fund the UN, and it does not possess the enforcement power to make its resolutions binding.

Even if a world government capable of enforcing its rulings were established, members of the world government would still exist in a state of anarchy because no one external to the government enforces rules upon lawmakers. The one way to reduce conflicts within the government is to reduce the number of government officials. Conceivably, the least populated government would rest power in a single person to avoid incidences of anarchic relationships. Now, admittedly, even this would not entirely end the existence of anarchy since the dictator would also exist in a state of anarchy with everyone else on the planet. Yet, a worldwide dictatorship would be the most ideal government, should one exist, to eliminate anarchic relationships.

For Jeffersonians, world government would be a nightmarish thought at first blush. Many Jeffersonians also believe that government is inevitable, that some form of government will always exist. That is certainly a theory and all the more reason to support immediately establishing a world dictatorship of limited powers before a world government of expansive powers is possibly created by a Chinese-Indian coalition.

For the Mussolini crowd, a worldwide dictatorship would soon enough make “the State as an absolute” a reality.

Why Not a Worldwide Dictatorship

I am being facetious in advocating a worldwide dictatorship. But a world government is where support for any government inevitably leads its supporters. In fact, a worldwide dictatorship of limited powers would quickly dissolve into complete tyranny. (Hint: Hierarchical power structures are not responsive to demands for accountability.)

What we see is the more that power is disproportionately divided among people, the more violence tends to erupt and corruption festers. Government is so dangerous precisely because it can externalize the costs of its violence onto captive taxpayers. The more that power is dispersed and divided, the greater that rights are respected and peace prevails. The profit and loss mechanism and competition, not the impossibility of constant vigilance, provide a natural check on the size of business enterprises and the power they can aggregate to themselves.

In truth, the ideal form of government is none at all since its purpose, from a rights-respecting perspective, is impossible. That does not mean a lack of governance or rule-making in society. A society without the ability to bring order would quickly be no society at all. The absence of monopoly government does not mean everyone will be of a pure heart and display empathy for his fellow man. Precisely because we are not angels, rules and rules enforcement should not be centrally commanded and controlled.

Common objections to profits themselves are that they are unearned, that they drive up prices for consumer goods, and that excessive profits run others out of business. I am not sure how critics measure the interest of society, but I am pretty sure that by any standard the overwhelming evidence proves just the opposite. For simplicity, I want to deal just with competitive profits, and not monopolistic profits yielded from government privilege in a “mixed economy.”

The first thing to note about profits is that there are different kinds of profit measured in relation to time. Investment profit is a simple accounting measure weighting an action’s costs and revenues. Entrepreneurial profit takes investment profits and measures those against the opportunity costs of alternative decisions, of what could have been. Psychic profits are the purely intrapersonal gains or pleasures an individual experiences from action (like reading this commentary, I hope).

Another important point about the profit mechanism is that it is a system of profits and losses. In a consensually regulated market, entrepreneurs make predictions with capital they control to predict the future behavior of consumers. The entrepreneur is the sole risk bearer for all past decisions. Of course, others will most likely be affected by those past decisions, but employees and customers only risk their capital to the extent their have chosen to become investors.

Some see this profit as exploitative, saying the entrepreneur is skimming the wages of his or her employees. This indeed does happen — when government intervention prevents or undermines collective bargaining. In other cases, the profits reaped are what remain after paying wages and other factors of production. The entrepreneur, the first laborer, has foregone another profit opportunity and is rewarded last, after paying expenses, according to how efficiently he or she put capital to use.

Often, entrepreneurship is seen as a distinct field of economics rather than an integrated economic process of economic calculation. From reading Ludwig von Mises, he thinks of entrepreneurship more generally as making decisions under a condition of uncertainty to acquire and combine resources for a higher valued use.

Profits are Information

Profits are created when someone takes resources that are in less demand by consumers and transforms them into products of higher demand. Therefore, the existence of profit is a signal of a misallocation of resources, which consumers have implicitly expressed with their own actions.

Profits provide extra incentive to continue putting resources to their higher valued use, and it helps correct a prior misallocation of resources. Without a system of profit and loss, it would be impossible for those in control of capital resources to know the demand for one product vis-à-vis another.

Collectivized markets, like government policing, are incapable of devising such an efficient system because there is no reliable or automatic feedback mechanism, like prices in a market economy, to gauge consumer demand.

Profits as Anomaly

Profits come about from a change in market conditions. In a hypothetical scenario of universal complete information, profits would tend toward zero. If all businesses knew the future price and demand for all consumer products (goods and services), businesses would compete in such a manner that the costs of production would match the prices of the end consumer goods, less the depreciation and interest accrued on capital resources. However, because of  technological advances, changes in consumer tastes, and unforeseen events taking place in the future, there is a constant hashing of new information that must be deciphered.

It is this uncertainty about the future that, in the long run, makes profits possible.

Tending Toward Zero

As I said, profits are not the norm. They come about by correctly predicting future market conditions. As the market for a product matures, profits will tend to decline. This happens for several reasons.

The method of production becomes more refined, and competitors begin cutting into one another’s profits. One method of increasing profits again is to reduce costs. This encourages competitors to emulate that success in order to improve their own profits by reducing prices, which spurs the whole cost-cutting cycle again. There is a limit to the point where costs can be reduced, and that is the price level consumers are willing to pay for a product. Below that point, businesses will tend to cease production and invest their resources into more profitable areas and seek higher returns on investment.

Cooperatives tend to exist in well-established, more ossified industries with predictable consumer demands, like farming, where the necessity for entrepreneurship is decreased. A reason why relatively few cooperatives exist is because people can possibly invest their capital into more profitable ventures. Losses also tend to disappear for much the same reason. Poor performers tend to go out of business or end production of losing products.

Counterintuitively, the criticism of high profits falls flat. Far from being unearned, an entrepreneur is in a constant flux of reading the future demand of consumers and managing the resources available to him or her. The maligned profit motive has the tendency to reduce final consumer prices, as we see in the electronics market. It is in the centrally planned markets like health care and insurance that prices continue to skyrocket. We can also see how high returns inform less-efficient business of potential profit opportunities.

It should go without saying, but a genuinely free market does not exist and never has. If one had, cooperatives and worker-owned collectives would probably be more common because technology and information would spread more quickly and barriers to entry would be diminished. Corporations exist at the pleasure of the state, meanwhile, receiving subsidies and protection from liability and competition.

Do not think for a second those privileges come without a price. Without government-financed intellectual property enforcement, a foreign policy of American hegemony, bail outs and rent seeking, and a fiat credit monopoly, were else would these corporations get the money to pay off politicians?

For me, the least impactful line of argument I would think is the constitutional argument. That so many constitutionalists nevertheless support uniform immigration restrictions demonstrates how meaningless the constitution is if its most ardent defenders conveniently pervert it so far from the original meaning.

As an Implied Power

A common line is that the Naturalization Clause, which gives the legislature the power to make a uniform process of becoming a citizen, implies the power to regulate immigration in context with the Necessary and Proper Clause.

That is an interesting idea, and it would have been worth mentioning by the Federalists since immigration had been under the domain of the states during the existing constitution. Yet, the framers who supported the constitution never so much as hinted at that idea during ratification. In fact, “Agrippa,” the Anti-Federalist who is supposed to be John Winthrop, lamented that congress would have no such power under the then-proposed constitution.

It was not until 1875, after congress had passed four separate naturalization bills, did the Supreme Court discover the new-found power to control immigration.

As a Protection from Invasion

Further in Article 1, Section 8, congress is also given the power to summon the militia to “repel Invasions.” This line of argument has been given by Ron Paul and other less distasteful politicians as a reason to resist open immigration.

For this to be true, we would need to look at the meaning of the word “invasion” at the time of ratification. The widely circulated Johnson’s Dictionary defined an invasion as “a hostile entrance, an attack.”

I have defended extending open immigration, at a minimum, to peaceful, honest people. Obviously, that would exclude violent criminals who have not offered restitution for their crimes. With that said, peaceful, honest people entering the country to better their lives should not fall within the scope of “a hostile entrance” by any means.

As a Limit on Slavery

I do not encounter this argument often, but the constitution does provide for the prohibition of “Persons as any of the States now existing shall think proper to admit” after to 1808 in the 13 original states. Ironically, this was meant as a check on congressional power to control the importation of slaves.

In all other cases, immigration control should be reserved for the states, according to the constitution. However, as a practical matter, any federal immigration controls like that would break down under political pressure within a generation, so soon enough all the states would be setting their own policy. After all, it is unlikely that the other 37 states would be willing to pay for the immigration enforcement of others states.

Lessons from History

Mary Ruwart once wrote, “We reap as we sow. In trying to control others, we find ourselves controlled. We point fingers at the dictators, the Communists, the politicians, and the international cartels. We are blithely unaware that our desire to control selfish others creates and sustains them.”

The decentralization of power is a good thing. For one, it would slow plans for this New World Order that so many constitutionalists tell me about. The expansion of immigration controls follow closely with the expansion of government power in general.

For the most part, peaceful, honest foreigners are trying to escape exploitation so they might live somewhere they do not have to get permission to create wealth. It is a false choice to have to choose between our own happiness and abundance and that of others. All interests are served by practicing non-aggression. By refusing to aggress against others, the special interest groups and politicians in government have no authority over of us.

The controversy stems from the creation of the heretofore obscure Shire Society, the several dozen signatories claiming their “commitment to peace, individual sovereignty, and independence.” The signing of the declaration took place in June at the 2010 Porcupine Freedom Festival affectionately known as Porcfest, which is hosted by the Free State Project. (Note: I am a Free State Project participant, but I do have my own reservations about the Shire Society Declaration.)

The drafting of the precise language of the Shire declaration involved about 10 people and took place over several months. The final document borrowed heavily from Smith’s “A New Covenant.” From what I understand, this fact was acknowledged early in the deliberation process, though some were not aware of this at the time of their signing.

Smith’s twofold complaint is that he has not received enough credit for inspiring the society’s declaration and that he could suffer financially if people decide to back the Shire’s document instead of paying Smith two dollars to archive their pledge to his original work. He is also critical of the revisions made by Shire members.

I cannot say this represents all the facts, but they are the most relevant facts I know of. The primary ethical defense for the action of the Shire Society members is that non-tangible objects are fundamentally different from tangible objects insofar as they can be replicated without the destroying the original object. (I agree that much is true.) Consequently, Smith has not been injured by the copying of his original thoughts. Shire defenders lose me when they say restrictions backed by force on the use of non-tangible objects constitute aggression by restricting how users may use their own tangible property in the duplication of existing works.

This last claim is dubious because it tries to state as fact that non-tangible objects cannot be property. [Edit: In the original copy, this paragraph read as if I was expressing that I believe ideas, in and of themselves, can be owned; whereas, I was trying to express that it was someone’s labor that created those ideas.) It should be a simple matter of demonstrating that labor is owned and can be negotiated on what terms a laborer thinks favorable.

All Property is Intellectual Property

Ultimately, I believe the Shire Society should prevail in this case, but the argument against non-tangible property that its defenders put forth is unconvincing.

All wealth is a product of the ideas of the mind. We may use our muscles and bones to move earth or write a play, but our physical body is just a tool of our mind, which propels the use of those tools. As Lysander Spooner said, “There is, therefore, no such thing as the physical labor of men, independently of their intellectual labor.” The motion of our bodies, our labor, is equally non-tangible, yet no one would deny we own our own labor.

The creation of property (wealth that is possessed) is primarily an intellectual exercise by integrating an individual’s abstract and perceptual knowledge of objective reality into concepts to act upon. That is how, counter-intuitively, writers such as Smith can arrange words, which are limitless and therefore valueless in and of themselves, into highly valued books that people find it worth trading their scarce time and labor to read.

The value is found, not in the printed words themselves, but in the usefulness (or entertainment) of the expression of those ideas. The same is true of tangible property. Tangible property is by its nature scarce, but it is not necessarily finite. Wealth is not finite either. It is a product one’s mind, as Ayn Rand said, and endless imagination.

Whether someone’s work is harmed by duplicating it or not is irrelevant to the question of who may use the work.

Property does not exist so much in the physical dimensions of an object as it does in identifying the decision-making interest of the object. It means acquiring “the full services that can be derived from a good,” as Ludwig von Mises said. A property right is the ability to act freely (without the threat of force) and accept the consequences of that action at the exclusion of that same right to others while simultaneously honoring the property rights in relation to other objects.

Resolving Intellectual Property Disputes

The right to free speech is the right to use his or her property to disseminate information, except in cases to coerce others of their property, and the corollary right not to disseminate information. In that respect, the Shire Society has a case for borrowing from Smith’s work.

One possible limit could exist if the information was first acquired conditionally. To illustrate, if I sell a book under a certain explicit condition, such as a restriction on duplication, then I have not sold the full ownership and still retain certain property rights to that particular copy. Of course, the onus is on the original owner to state those restrictions before the transaction. If my customer transferred or lost ownership of the book, the next owner could not morally acquire any greater ownership rights than the previous owner, because I would retain whatever conditions were originally created.

The problem with existing intellectual property law is that the conditions of ownership are set by government law, that is, by force. The involuntary intervention of government enforcement enables intellectual property owners to place far harsher conditions than they could negotiate freely. Effectively, government intellectual property conditions are made under duress and should not be enforced.

In the case before us, Smith set no such additional property conditions on the use of the work on his Web site. And if he did set forth such conditions, the burden of proof would be on him to prove that someone deliberately copied his work and that it was not mere coincidence. The principle is, not that people owns ideas, per se, but they do own the labor that contributed to those ideas. Smith could not claim ownership of a coincidental duplication since he cannot own another’s labor either.

Had Smith clearly stated on his site the terms of use, he would be in the right. Instead, he owes members of the Shire Society an apology for his caustic language. The ambiguities of intellectual property have haunted libertarians for the past 50 years, and they likely will for some time. On the bright side, this is an opportunity for a proof of concept for a dispute resolution organization to resolve.

There is good reason to believe that current government policies will not last. The direct and indirect costs of government controls have never been greater. Government debt, already at record levels, is only projected to grow at an even faster pace for the next decade. When central banks are left with no choice but to raise their lending rates to curb monetary inflation, the cost of carrying debt will balloon, putting debt-ridden governments at greater risk of insolvency. In fact, the parasitic political class now constitutes a majority of the population as early as three years ago. Accordingly, it certainly seems likely that the ship of state is going down hard.

As a result, some further fear a violent backlash will follow the collapse of the federal government, which will trigger dependent state and local governments to come crashing down too. It is all nightmarish stuff, which is why those who actually care for the poor and needy should support reducing the size of government now.

Ring Around the Rosey

This is not the first time a government is facing impending doom. All governments at one time or another will collapse or be overthrown. That is no surprise. Even a constitutionally limited government, if one existed, would still employ violence to solve complex social problems. Under political government, ruthlessness is rewarded and productiveness is preyed upon.

A Pocket Full of Posies

I will take my literary license here and say the ashes sung about are the posies, or dollars, becoming worthless. That is definitely the trend for the past 100 years. Prior to 1913, it had been that the value of the dollar gradually increased, save for times of war. But with the creation of the Federal Reserve, the progressive income tax, and later moving to a fully fiat dollar, the decline of the dollar has signaled the transfer of wealth from the productive to the political class, who receive substantial income and privileges from government power.

Governments dreads deflationary periods (meaning a reduction in the supply of money in the economy). The availability of credit becomes harder, so government tax receipts go down as people begin saving more. Incomes and prices fall, which puts even less money in the hands of government.

An inflationary policy, meanwhile, loots people’s savings and tames their judgement of government action in light of their own increasing financial anxiety. The government’s economic outlook does not look as bleak relative to taxpayers’ own conditions. More importantly though, people become compliant when they fear the backlash of openly opposing government actions.

We All Fall Down?

So I have painted a pretty grim picture. And there is really nothing that can be done about it. I mean that. But even if my predictions come to pass, do not fret. That the dollar is backed by nothing works to our advantage. If the the dollar was still on a commodity standard, there would be real assets behind those paper promises, which would give people something to cling to.

When the dollar becomes worthless, people will just stop working for the government. The existing government people with any real power will be too busy slipping away with their stolen loot. Everyone else will just walk away. There is nothing to fight over because the dollar is worthless. Government employees switching to the private sector will rapidly increase productivity in the economy. Resources will be better allocated. It will not be easy, but the invisible hand is an incredible thing. We can soften any crash by getting people more independent, which is a good thing anyway. The federal government will still exist. They might still pass a flury of laws, such as to confisgate gold as happened under Franklin Roosevelt.

It will be a time of confusion for people. I do not expect a great majority are ready to face fundamental questions such as the scope of control they seek over other peaceful people. The more fundamental question worth asking is whether a 600-year-old solution called the nation-state, which has never delivered on the promise of maintaining peace and security, is worth saving.

In my mind, the move toward complete liberty will take place another day. First, it requires a change in people’s respect for themselves, rejecting the cannibalistic view of man as a sacrificial animal for society and, instead, replacing self-effacement with a new outlook that sees each individual’s life an end in itself.

Last week, Supreme Court Justice nominee Elena Kagan, the White House’s solicitor general, was being questioned by Sen. Tom Coburn (Okla.) about natural rights.

The day before, he had unsuccessfully tried to get Kagan to concede that the constitution’s Commerce Clause does not give government the power to mandate by force (“Law is force,” Bastiat said) that Americans must consume fruits and vegetables. Kagan, by the way, never answered definitively but seems to say that non-economic activity, which presumably means eating, falls outside the scope of federal powers. Yet, in the case of marijuana, just possessing the substance was considered a commercial activity if the law were part of a larger regulatory (control) framework. So a stand-alone law mandating everyone in America eat their veggies would be unconstitutional, but if it were part of a national health care initiative, it is probably a go.

In his follow-up questions the next day, Coburn asked if self-defense was a natural right pre-existing the constitution. Kagan’s response was revealing. According to a CNN transcript, she said,”Senator Coburn, I believe that the Constitution is an extraordinary document, and I’m not saying I do not believe that there are rights pre-existing the Constitution and the laws. But my job as a justice is to enforce the Constitution and the laws.”

I am not defending the constitution by any means, nor do I expect the government to abide by its own rules and laws. However, it should be pointed out when government people do not live up to their own rules. Kagan is directly in conflict with the ninth amendment of the Bill of Rights, which states that “the people” possess other rights not previously enumerated. Famously, the founders said that we are endowed “with certain unalienable rights …. That to secure these rights, Governments are instituted among Men.” For Kagan to say “I don’t have a view of what are natural rights, independent of the Constitution” means she is completely unfit by the government’s own standards to serve on the Supreme Court.

I cannot just fault Kagan. Though widespread, the idea that government should exist to defend our liberty and property is already completely contradictory. Government systematically assaults our liberty and property. From “all men are created equal” to “Congress shall have Power To lay and collect Taxes” signals a complete defiance of inalienable rights and the natural law of equal liberty. Taxation is modeled on the idea of paying royalties for the privilege of engaging in commerce, owning property or earning a living.

I am aware Kagan is all but guaranteed to be confirmed. She will be one of nine people who ultimately interpret what the constitution means. So when it comes down to it, the rule of law is still the rule of men (and three women). But through indoctrination and guilt-laden propaganda, people have come to accept and embrace the authority over them. The whole show — the law, the authority and, ultimately, the government — are just manifestations of bad ideas.

Ideas fuel fear and avarice. You cannot shoot an idea or dynamite a myth. They are invincible to violence, even self-defense. Luckily, ideas also fuel truth and beauty.

Liberty supporters are at a distinct advantage though. Lies require constant supervision and constant maintenance. Lies must be heaped upon lies. Truth and beauty stand on their own. Like scientists, philosophers and intellectuals must transmit their discoveries if their work is to have any value. In business, that is the role of the entrepreneur, to turn concepts into consumables. For truth and beauty to have any power, they too must be communicated and acted upon to be made real. They must be practiced. That is the most admirable role of the liberty activist. That is how we will get our certainty and our freedom now, by living it.

The police are only enforcing the law. If you want it changed, lobby the legislature, said the serf to the slave. After all, it is not the military’s fault they are being ordered to invade nations that pose no threat to the American government’s security, what they call “national security.” It is the commanders and the politicians who got them into this mess.

I agree somewhat. But the troops are the ones who chose to join the military — for the adventure, or for self-improvement, or for whatever lie their recruiter fed them. Soldiers are the ones who bomb wedding parties, who torture other indoctrinated men, and who massacre families. Of course, I bet a good number of troops perform a lot of heroic missions to save their comrades in the field. Most of the troops are just there to do their part to fight for a country they love. I am friends with a handful of them, so I know they are probably in the majority.

We are constantly fed guilt that we should support the troops — and by extension the politicians and bureaucrats who put them in danger. But how should I support the troops?

Should I pay taxes to buy their overpriced toys? Should I support their immoral occupation of countless countries? Or, should I support the hegemonic government of which they play an integral part? I know a more moderate position is to support the troops by insisting they be returned home. But is that much better?

Even if the troops were not abroad, they would be that much easier to deploy in our cities. Conceivably, it would become more difficult to scale down government spending once an influx of soldiers boosted depressed local economies.

With all that said, I believe we should support the troops. I support troops who stop following orders and take personal responsibility for their behavior. I support the troops who stand down and refuse to deploy.

To members of the Bilderburg Group, Trilateral Commission, Council on Foreign Relations, producers of Dancing with the Stars, et al.,

I am writing this letter in order to offer my services to the New World Order (NWO). Over the last several years, I have become aware of your activities of installing a one-world government and/or depopulating 90 percent of the world’s population.

As an offer of goodwill, I first want to make some basic house cleaning items that I would suggest implementing regardless of whether or not my services are compatible with the mission(s) of the NWO.

Most importantly, though I am not aware of your current accounting practices, I would strongly suggest implementing stricter confidentiality agreements with whomever is responsible for the accounting records. There is far too much information floating around regarding who is getting paid by whom. I do not mean to be rude, but that should be the top priority of the NWO for the immediate future. Being disclosed as a paid member of the NWO is extremely damaging to one’s character. Should I become a trusted member of the NWO, I would most certainly require that my payroll information be held in the strictest privacy.

Secondly, in my opinion, members need to cease publicly using the phrases “new world order,” “global governance,” or other similarly haunting collectivist phrases. Alledged members of the NWO, like Henry Kissinger and George Bush Sr.,  are most responsible for those phrases becoming a part of the popular vernacular. I might suggest using phrases like “local option,” “smart governance,” or “sustainable security.”

With those suggestions in mind, I want to emphasize again that I do not personally approve any practices of implementing a global government or depopulating the world. However, my education and experience qualify my as being an excellent candidate for your plans for world domination. I have a flexible schedule and am able to work on a part-time or full-time basis under the right circumstances.

I look forward to hearing from you and hope everyone in the NWO has a most wonderful day.

All the best,
justino

Monday’s Fully Informed Jury Association event for the Campaign for Liberty — Tarrant County went beyond expectation. We passed out close to 400 trifolds, had some good conversations and met a total apologist for government aggression and discrimination.

So here is the background. Tom and Rafael joined Katy and me downtown at the Tarrant County Justice Center on Monday morning. I had never seen such a large jury pool. The line stretched into the street. We were not approached by any law enforcement, and everything was going as expected. Although, one uniformed officer asked what we were doing while waiting for the signal to say walk. I asked if he would like to know about the rights of jurors. He said he already knew about them.

Well, about the time we were passing out our last few trifolds, around 7:50 a.m., another group of people walking toward the Justice Center found their way to our intersection. They appeared to be led by this woman with an official-looking placard around her neck. In the video, she identified herself to be a licenced attorney. She was instructing the group of people with her about the location of restaurants in the neighborhood.

At first, the lady said she did not want any literature. However, once people around her started reading our paperwork, she asked for a copy. Tom said something about judges not informing jurors of their rights to examine the law, and the lady butted in and said that that was illegal for jurors to do.

By that time, I got my camera and asked if she would talk about it. That is when the video started rolling.

Tom then asked her a hypothetical about the obsolete three-fifths clause in the constitution which counted blacks as just a fraction of their actual population for congressional representation. In the clip, she admits she would be willing to enforce racial discrimination laws, among other laws. Tom then turned in disgust to her answer. What you don’t see in the video is that she quickly yanked on his elbow to get his attention. It was not a rough yank, but it was something that would have gotten some fierce retaliation had we done that to a government employee.

She suggest that we try to change the law through the legislative process rather than practicing jury nullification. She did acknowledge she does not like many of the laws either.

I asked her to respond to Martin Luther King’s line that “An unjust law is no law at all.” She said, “Generall, yes, an unjust law is not law.” (So I don’t understand her reasoning about enforcing obviously discriminatory laws.)

Tom further asked, “What if I don’t agree with the law that Jews are no longer persons?” She said, “Then you don’t sit on a jury that is judging that question.” I cringed. I could not believe her response. She again insisted that we respect the rule of law and work within it to affect change. Rafael started to question her if the US PATRIOT Act was just, but she must have misunderstood him and said something about a trade law.

Tom then gave us some historical examples that we was talking about, but I had to cut him short because YouTube videos can only be so long.

As I have been informed, the Texas constitution does have some language somewhat favorable toward jury nullification. (Edit: See Chris’ comment below for a more detailed explanation.) In the Texas Bill of Rights, it states that “in all indictments for libels, the jury shall have the right to determine the law and the facts, under the direction of the court, as in other cases.” This would seem to lend itself to support for the right of jurors to determine which laws they wish to have enforced in their communities.

What we plan to do is to prepare and practice delivering talking points about some common objections and questions we get during our outreach events. I think that may help overcome some common concerns and also encourage more people to attend the events.

In actuality, what conservatives do not understand is they are furthering the statism that he embodies.

The uproar that caused this anti-immigrant backlash was the fault of government. Whether it be the lax enforcement of property rights of farmers, the government welfare benefits given to immigrants, the terrible safety conditions on government roads, obtrusive regulations that prohibit honest competition in the labor market, or the gang violence created by the prohibition of tabu drugs, they are all the result of government intervening into peaceful people’s lives.

This new Arizona law is rewarding government failure with more government power. How can we ever expect to achieve liberty if we support expanding government every time government decision makers fail?

Instead, we could encourage immigrants to build social aid organizations, so they can reduce their dependence on government welfare. We could also support those who avoid paying the taxes that fund the government programs that immigrants allegedly exploit. We could welcome a whole new generation of families, who for the most part are escaping their own failed governments. Those are much better solutions to promoting liberty in the long term than punishing people for moving across arbitrary political lines on a map.

Government, as is true of all hierarchical violent organizations, relies on assigning blame and inflicting misery on scapegoats. If government decision makers ever had to take responsibility for the harm they do, not even the most ruthless savages would take the reigns of government. But they never have to worry about that. The purpose of political government — as it is currently understood — is to avoid responsibility. A small minority of people decide how to spend taxes on self-serving programs they could not accomplish by market means. How many would support the current foreign policy of the United States, for example, which runs approximately a trillion dollars per year? If only the people who voted for Barrack Obama and John McCain were responsible for funding the empire, it would cost each voter approximately $8200 per year. You can bet that would bring the war to a swift conclusion.

I mean, read The Road to Serdom for goodness’ sake.

Talk of liberty always spikes when Republicans are out of office. Then, it should have come as no surprise that I heard a presentation on the meaning of liberty by Marlene McMillan, “America’s expert on the principles of liberty,” at a Republican convention in Fort Worth last month. (If anyone is interested in my reasons for attending, I might write about that later.)

By far, my favorite speech of hers was at the Bedford city council meeting last year in which she spoke against the city’s daytime curfew ordinance.

McMillan offers a $377 online seminar on the concept of liberty centered around Biblical teachings, which consists of a handful of streaming videos and pre-recorded phone calls. Last month’s presentation was her second I had attended. The first came last year at an Educators of Liberty event in Fort Worth after the April 15 tax day rallies. Both presentations were about the same. The audience received a card with the trees of liberty and tyranny printed on one side and her definition of liberty on the other.

McMillan’s definition of liberty is “the opportunity to make a choice to assume responsibility and accept the consequences.” There are number of things that I like about her definition.

First, by using “opportunity,” she is seemingly implying that liberty does not guarantee success, only the pursuit of success.

Second, choices are a good thing. Choices are maximized in a decentralized decision-making process, so she seems to acknowledge a move away from authoritarian tendencies.

Third, responsibility and consequences are part of the fabric of liberty that makes it so beneficial. Allowing people to experience the reward (or failure) of their labor gives an automatic feedback for future decisions. Liberty and responsibility go hand-in-hand as each requires the other to have any true meaning.

However, as appealing as these concepts are to liberty, they are just a few of the consequences of liberty, but not liberty itself. She is applying a package deal to the concept of liberty, as Ayn Rand would say.

Defining ‘Capacity’

I think what McMillan is defining in the notion of capacity. The operative words in her definition are “the opportunity to make a choice.” For example, Merriam-Webster defines “capacity” as “the facility or power to produce, perform, or deploy.”

Let’s look at it. Under one scenario, say that a flower nursery only sold yellow flowers. That would certainly limit the opportunity for some customers who want red roses. If the flower shop was not open on Thursdays, they are limiting the liberty of customers and employees, according to McMillan’s definition. In fact, almost any act limits someone else’s “opportunity to make a choice to assume responsibility and accept the consequences.” If two parties make an exclusive contract, they have limited the opportunity for other to do business with them. In fact, every action I take comes at the exclusion of all other actions within that moment in time. Making any “choice to assume responsibility and accept the consequences” could conceivably be an act of tyranny because that choice could exclude others from making that same decision at that moment in time. So truly, liberty is tyranny, according to McMillan.

In addition, one could characterize charity as anti-liberty by this definition. Charity allows people to escape the full consequences of their actions and not assume responsibility.

Defining ‘Liberty’

So what is a clear, coherent definition of this solemn word? Dating back to John Locke’s Second Treatise on Civil Government, philosophers have called liberty the existence of being removed from the violence of others. Locke said, “For liberty is to be free from restraint and violence from others.”

Congressman Ron Paul (R-TX) calls freedom “the absence of government coercion.” (Note: McMillan dislikes the connotation of the word “freedom,” but for this discussion I have used the words interchangeably.) Murray Rothbard said liberty is “the absence of coercion” in his book The Ethics of Liberty. F.A. Hayek agreed with Rothbard, but the two disagreed on the meaning of coercion.

French pamphleteer Frederic Bastiat asked, “In short, is not liberty the freedom of every person to make full use of his faculties, so long as he does not harm other persons while doing so?”

I think it is important to use “coercion” rather than “violence” because there are many substitutues for violence that people can use, such as fraud and theft. I think of coercion as “an act by an individual against the will or without the permission of another human being with respect to that which the human being has rightful control, such as his or her body or property.” This would very clearly include such decietful acts as fraud and theft.

I asked McMillan by e-mail about my interpretation of liberty. She said:

The problem with defining a word by what it does not include, rather than what it does include, is that in the end you still do not know what it is. You only know what it is not. Because we get more of what we talk about as well as more of what we focus upon, a definition that only includes the negative is flawed in premise and therefore is flawed in result.

But “the absence of coercion” is not defining liberty by what it is not. It is stating what condition must not be present for liberty to exist, namely coercion. Saying that “liberty is not coercion” would be defining liberty by what it is not. The definition of black in the color spectrum is the absence of any color. Only color has an existence of its own. A vacuum is the absence of matter. I accept that the same is true of liberty.

I think Bastiat would back me up on this. He said that justice is identified by a lack of injustice. “Justice is achieved only when injustice is absent.”

McMillan appears pretty successful delivering her message and is a great orator and presenter. Ultimately, however, her message is flawed in such a way as to eschew the violence of the state, a territorially monopolistic and individually non-consensual political organization. It is great that people are talking about liberty — what it means and how they can act upon it in their lives. Yet, in an age when pro-war, pro-torture, pro-empire politicians (like Sarah Palin) call themselves pro-liberty, then it is worth examing what they mean so as to avoid being manipulated by false rhetoric.

I was reading Rep. Ron Paul’s plan to restore his interpretation of constitutional law to the nation had he been elected president in 2008. He wants to massively curtail the federal bureaucracy, reduce or eliminate several cabinet departments, not just agencies, and slash spending on foreign interventions.

It is all a great start, in my book. Part of the plan is to begin “the orderly withdrawal of U.S. forces from Iraq and Afghanistan.” I was surprised to learn how pivotal that would be for Paul to carry out the rest of his agenda. He believes that he can divert 50 percent of the savings from the Iraq and Afghanistan wars to offset reductions in entitlement programs, and the other half of the military savings would go to pay down the debt. Both would be politically difficult to manage, but I’ll give him the benefit of the doubt.

But before that could be done, troops would have to start coming home. It is an interesting thought experiment of what would happen.

Don’t beat me up too bad, but it is plausible (I stress “plausible”) more troops could have occupied Iraq and Afghanistan at the end of Paul’s first four years in the White House.

The foreign combattants in those countries might react to a planned withdraw with an escalation in the degree and tally of attacks. The purpose of the 9/11 attacks, as I understand it, was to lure American troops to the Middle East like how the Soviet Union lured into Afghanistan and subsequently into bankruptcy. If the number of attacks did increase and Paul continued course for withdraw, high-ranking generals and any Pentagon and CIA holdovers might threaten to resign out of protest for “cutting and running.” The families of killed soldiers would blanket the news and say that their husbands and sons had died in vain. I hope that Paul would stick to his principles, but he has yielded to political pressure even this past election cycle by agreeing to support Republican congressional incumbents in Texas. If he were elected with only a popular vote of around 40 percent, congressional opposition might be able to secure the two-thirds vote necessary to over ride any presidential vetoes.

Of course, if Paul were elected, other pro-liberty candidates would probably be in office to help. But how much support could he expect if he couldn’t keep his first priority and reduce the overseas empire. Even if a strict interpreter of the constitution like Paul were elected, I don’t know how much support he could expect from long-time government expansionists. The landslide election of Barrack Obama hasn’t won over any staunch Republicans even though he is carrying out George W. Bush’s nearly identical foreign policy. They have become more partisan.

I also suppose that Paul could refuse congresses demands to deploy more troops. Would the “champion of the constitution” defy the legislation of the House and the senate? I don’t know, but it would be an interesting constitutional test.

Leonard Read, the founder of the Foundation for Economic Education, said principles are not compromised; they are abandoned. Principles, by their nature, are utilized or they are not.

That is an important reminder for those who believe the maximum role of government should be the protection of life, liberty, and property — which I think, logically construed, means self-government; however, I respect that others disagree. Our time is going to be most wisely spent improving ourselves and building relationships with like-minded liberty people. Even still, while the conventional political process is still dominant, there are ways for principled people to use political tools for their own benefit.

The conventional political dichotomy is a struggle between short-term opportunism and long-term progress. I think there is a simple reconciliation that can be made between the two camps. That is, under no circumstances, never ever, should we ever support an expansion in the role of government or a further restriction on a peaceful person’s liberty. Second, any policy support should be done with the explicit purpose of decreasing the role of government and directly benefiting peaceful individuals.

Any strategy or policy goals that we recommend or follow should be consistent with the purpose of restoring individual liberty and responsibility. I understand the importance of intermediate goals or markers to help fully achieve our ultimate purpose. But our means of achieving that purpose should not be contradictory to that end. For example, a lot of politicians try to justify tax cuts because they believe it will actually increase the total revenues to the government treasury. I believe this is wrong and sends an inconsistent message.

The goal of a tax cut should be to reduce the burden of government. Again, we should not advocate the re-legalization of cannabis on the grounds that it will raise tax revenues, but because prohibition is immoral and counterproductive. Expanding government and further restricting the liberty of others to correct another ill-fated government policy is an abandonment of principle. As Ron Paul said, “Few Americans understand that all government action is inherently coercive.” Reducing the level of coercion in people’s lives is a worthy goal.

Principles in Practice

The goals that we have should be radical — not liberal- or conservative-lite. This serves two purposes. First, it provides cover for not-so-radical views to be considered more mainstream, thus limiting the fear of ostracism people might have for holding these slightly less radical views. It provides an objective guidepost — like a lighthouse — for gauging the success of our efforts during darker times.

I would also like to suggest two methods of communicating these ideas. We should definitely take the time, on an intellectual basis, to refute anti-liberty or collectivist ideas. But we must acknowledge that the people advocating these mistaken ideas are not dimwitted. In fact, many know exactly how they benefit from these policies. They are ripping us off, so we must make direct, populist appeals that reveal that fact.

By its nature, government is crude and unaccountable, so there will be an infinite supply of aggrieved individuals. Ideally, that means that we don’t have to convert individuals fully to the virtue of liberty before taking action together. Over time, I hope that those who are “liberty minus one” or “liberty minus whatever” come to see the error of their ways.

Some Ideas to Bat Around

Sometimes, pick losing issues to get the message out by presenting a pro-liberty analysis. I’m not saying be a stick-in-the-mud. The situation might provide an opportunity to get some free media publicity or lay the groundwork for winning progress on the issue in the future. Liberals have deployed this technique by pushing socialized health insurance and environmental regulations.

Now, I don’t even know how possible this next one is. Those arrested for committing consensual crimes could be high-target prospects for the liberty message. When I’m passing out Fully Informed Jury Association literature on jury nullification, those called for jury duty are naturally receptive to the material I am providing. I’ll usually stay a little past the time when potential jurors are due to report in downtown Fort Worth in order to catch any stranglers. When I do, I just happen to pass out literature to defendants, and they are just as interested in the concept of jury nullification as potential jurors, if not more so. There has got to be a way of contacting those folks by getting ahold of  some public records.

Not only are we all anarchists now, there are abundant examples of anarchism working fabulously well. However, instead of opening anarchic relationships to everyone, governments have worked to abolish them from the private sphere and instead centralize anarchic relationships into the hands of politicians. I know it sounds strange that anarchy exists internally within government. My point here is to demonstrate that anarchic relationships are omnipresent.

Before beginning, I want to note that critics of market (or individualist) anarchism will point out that the market functions best with an impartial judicial system ruling on comprehensible law. I readily agree. Supporters of government also claim there needs to be a final body, such as the Supreme Court, which entails a supreme law that settles disputes once and for all. I don’t think it matters either way, especially since the political system does allow for disputes to continue in the legislative process even after the final court proceedings. I also don’t believe that a monopoly could provide an impartial judicial system or a comprehensible law. However, for the sake this discussion, I will concede all three points.

In Two Treatises on Civil Government John Locke said there are two things wanting in a “state of nature”: “established, settled, known law” and “a known and indifferent judge” (emphasis in original work). To clarify, my understanding is that a government functions as a third party that provides ultimate dispute settlement within a given territory. Again, for the sake of this discussion, I will concede that an “established, settled, known law” exists. So without an “indifferent judge” whose decisions are commanded, by force if necessary, anarchy exists. For the sake of this discussion, I will concede that there is always sufficient force to command a judge’s decision. So really, the question is if there is an “indifferent judge” or not. (I’ve written a little here and here why I believe a market-based legal system is more able to provide equitable justice.)

The first basic anarchic relationship is between government and its citizens. The second is among different governments. The third is between citizens and foreign governments. The fourth basic anarchic relationship is among citizens of different governments. (More elaborate anarchic relationships can be read about here.) With this understanding, it becomes abundantly clear that government cannot eliminate anarchy; it is ever-present. Government can only centralize and transform it, many times with devastating effects.

The first form of an anarchic relationship is between the United States federal government and American citizens, for example. There is no “indifferent judge” when the federal government comes into conflict with individuals or groups of individuals. In those cases, the federal government prohibits a third party from resolving the dispute. It is helpful that a different branch hears the case, but that branch is appointed by and subject to the pressures of another branch of government responsible for enforcing the court’s decisions. Supposedly, that is the purpose of the constitution’s checks and balances — to bind the federal government, yet the federal government is also responsible for interpreting and enforcing its own limitations. Politicians also act in a state of anarchy with each other. There is no external agency that enforces rules among them, and so they exist in a form of “political anarchy” as opposed to natural “market anarchy,” according to Alfred G. Cuzan, who said:

[I]n their relations among each other, they remain largely “lawless.” Nobody external to the group writes and enforces rules governing the relations among them. At most, the rulers are bound by flexible constraints imposed by a “constitution” which they, in any case, interpret and enforce among and upon themselves. … In short, society is always in anarchy. A government only abolishes anarchy among what are called “subjects” or “citizens,” but among those who rule, anarchy prevails.

Since governments get to decide conflicts, they are so inclined to create conflict and then rule in their own favor, expanding their authority.

To give some state governments credit, there have been calls throughout the years to nullify particularly outrageous federal legislation. But those states can only do so much because the federal government controls the currency and can hand out goodies to those states willing accept expansive federal powers. In the United States, the federal government’s dispute authority is not as centralized as, say, North Korea, where the final authority is given to a single person. In effect, Kim Jong-il has abolished anarchy is North Korea for everyone but himself.

In the second form of anarchic relationships, the federal government also exists in a state of anarchy with all other governments around the world. There is no mandatory final arbiter of disputes between Canada and the United States, for example. If the Canadian government is accused of price fixing, the disagreement is settled by the World Trade Organization, per their membership agreement. Both governments had a mutually agreed-upon dispute resolution process. The United Nations is the closest thing to a world government, but even its membership is voluntary. The United States government could even opt out and no longer be responsible to funding it or abide by UN resolutions within its territorial borders so long as the federal government did not threaten to aggress against other UN member governments. National governments voluntarily cooperate by honoring visas and legal documents (like marriage certificates and drivers licenses) and ratifying all sorts of treatises. So empirically, there is no need for a world government for other governments to peacefully coexist. But of course, nations do not always interact so peacefully.

There are a couple of reasons why violence committed by governments have been so devastating. Mainly, it has to do with the imbalance of power between governments and citizens. That is the reason cited by many constitutionalists for their defense of the right to keep and bear arms, as recognized by the Second Amendment. Some of the greatest genocides in history have been perpetrated against an unarmed populace. If the theory holds, it would seem that the greater the imbalance of power the more deaths that have resulted, while greater peace would occur as a result of a more evened balance of power. In fact, the figures seem to say just that. In the past 100 years, 262 million people were killed by their own government. (I am using “own government” very loosely.) Approximately 35 million others were killed in combats with a foreign government. (It was unclear how many were civilians and how many were soldiers.) In a fourth form of anarchic relationships, foreign citizens are in state of anarchy with citizens of other nations. The largest foreign civilian murderer was Osama bin Laden, who allegedly orchestrated the death of 3500 people in part to demonstrate his grievances with the foreign military occupation of the Arabian Peninsula. Interestingly, nuclear-armed nations, which have nearly an equal capability for destruction, have never been in direct conflict. (That may be because the political leaders are in direct harm’s way.)

We can conclude that civilians face the greatest danger from their own government, where the balance of power is so astounding. Equally powerful governments are relatively peaceful toward one another. And civilians face the least danger from other civilians. To be fair, that could be because governments are in place to punish lawbreakers. That effect seems marginal, at best, because most people do not have reasonable access to a functioning judicial system for civil cases, nor do they have much confidence in police apprehending criminals who have victims.

According to the FBI, less than 20 percent of reported burglaries, property crime, theft, car theft, and arson are “cleared.” Keep in mind, that only includes reported crimes, and not all “cleared” cases result in conviction. Police can pin crimes on deceased or incarcerated suspects. Murders are cleared about 60 percent of the time, forcible rape about 40 percent of the time, aggravated assault about 55 percent of the time. Keep in mind, those figures include wrongful convictions based on faulty eye-witness testimony, unimpartial juries, fabricated evidence, and incompetent public defenders.

Citizens have no constitutional right to have their rights protected, which is allegedly the entire purpose of forming a government according to the Declaration of Independence. Thomas Jefferson wrote, “That to secure tnhese rights, Governments are instituted among Men, deriving their just powers from the consent of the governed ….” The United States Supreme Court justices have ruled multiple times that federal, state, and local governments have no positive obligation to provide protection from “killers or madmen.” So if police do respond to a 911 call, it is solely out of the good will put upon by social pressures within the community or from commanders conforming to social pressures.

A second reason governments are capable of so much more violence is because those people supporting escalation do not have the full burden of paying for their military adventures, but can channel the benefits of their policies to themselves and their supporters. Basically, the costs can be socialized, and the benefits are privatized — like any other government program.

Successful Anarchism in Practice

The political process is a perfect example of how market anarchism can work even under the most crippling conditions. (I lifted this from Stefan Molyneux‘s video “The Proof of Anarchy.”) It is fairly well known that political contributors and lobbyists are some of the biggest recipients of special treatment by the government. Year after year, the government increases in size and power. Pork-barrel spending and corporate bailouts are never-ending. Upwards of 80 percent of Americans support greater restrictions on campaign finance contributions, so people have an innate sense that those in power are pretty rotten. Yet — even though politicians and political contributors cannot make written agreements, contributors can never have their agreements enforced by a functioning legal system, no one can be made aware of a politician’s broken agreement, the government will violently punish anyone who can be proven to have made such an agreement, and media reporters are paid good money to uncover such agreements — politicians are repeatedly re-elected about 90 percent of the time and lobbyists receive more and more handouts and exemptions from the law. Under the worst market conditions, lobbyist and politicians continue to work harmoniously. If lobbyists were able to publicize broken quid pro quo agreements or have them enforced by a legal system, then lobbyists would have an even greater effect. As it stands, politicians are not forced into compliance with their lobbyists; the only threat to the politician is that the lobbyist will support his or her opponent in the next election. You have the market process flourishing even in the face of significant obstacles.

Building Liberty

As I’ve tried to demonstrate, government cannot totally eliminate anarchism. Cuzan said:

We have shown that anarchy, like matter, never disappears — it only changes form. Anarchy is either market anarchy or political anarchy. Pluralist, decentralized political anarchy is less violent than hierarchical political anarchy. Hence, we have reason to hypothesize that market anarchy could be less violent than political anarchy. Since market anarchy can be shown to outperform political anarchy in efficiency and equity in all other respects, why should we expect anything different now? Wouldn’t we be justified to expect that market anarchy produces less violence in the enforcement of property rights than political anarchy? After all, the market is the best economizer of all — wouldn’t it also economize on violence better than government does, too?

One method capitalizing on the anarchic relationships formally denied to citizens is the practice of agorism, which emphasizes working within black and gray market industries as a way of building alternatives to government-imposed services. In that way, the government — a so-called necessary evil — will no longer be seen as necessary. In time, it will be seen for what it is, just evil.