~ Consent of the Governed in Question

Two opinion polls are particularly enlightening. According to a CBS-New York Times poll, 81 percent of those polled did not want members of congress reelected. Just 15 percent approve of the job congress is doing. Yet unlike the market, government job performance is not indicative of job security. At least 90 percent of incumbents will get another term, if the historic figures play out.

In a Rasmussen poll, only 21 percent of respondents “believe that the federal government enjoys the consent of the governed.” The poll was further broken into the populist class and the political class. According to the site, the populist class, about 65 percent of the nation, trusts individuals to solve problem better than political leaders. The political class, about four percent of the nation, trusts politicians more than individuals.

Of the populist class, only 18 percent believe the government has the consent of the governed and most them view the government as a special interest group. Nearly two-thirds of the political class believe government has consent. That means a despicable 37 percent of the political class, approximately 1.77 million, trust politicians more yet do not believe those politicians have the consent to act.

~ (Parking) Anarchism in Action

Without having to use the power of the state, individuals find an ingenious solution to the parking problem in downtown Boston. It’s just another example of what F.A. Hayek called spontaneous order.

~ Tarrant County Judge Acted as Prosecutor

I don’t know how common this is around the country, but it is hard to image that the judge can be indifferent when he or she is responsible for acting on behalf of the government prosecutor.

From the Fort Worth Star-Telegram article:

For years, probation revocation cases involving thousands of defendants moved through the courtroom of one Texas judge with remarkable efficiency.

Robert K. “Bob” Gill disposed of nearly 8,000 such cases in 14 years as a state district judge before his retirement in 2007. No other judge in Tarrant County handled more.

But the method he used to clear his docket, detailed in secret testimony obtained by The Associated Press, raises fairness and ethical concerns for legal experts and leads some to believe that many of the revocations could be overturned.

An attorney who regularly represented indigent probationers facing revocation in Gill’s court has testified that the judge personally negotiated plea deals, a role normally reserved for prosecutors. Rejecting Gill’s offer often meant a tougher sentence if he later heard the case and decided a violation occurred, the attorney, William H. “Bill” Ray, said under oath.

Of course, it is no surprise that lawyers did not complain. They are repeat compulsory customers of Gill’s services.

jimposter made a comment on the site that summed up my feelings.

“This was not okay. The system is The State v. the defendant, not the state and the court v. the defendant. The judge’s role is to be unbiased and neutral and to hear evidence and make decisions based on it. His role is not to negotiate on behalf of the state. “How would you feel about the referee catching a pass and then ruling whether it was a completion or not?”

~ Grandview Council Rejects Stimulus Dollars

In some good news from the Star-Telegram, the Grandview city council rejected a $500,000 federal earmark to build a new water tower. In the council’s resolution, the members said “The city of Grandview does not believe such funding is ethical or constitutional.” Chet Edward (D-Waco) defended the pork spending, saying that earmarks represent just two percent of the federal budget. The city council may not be so sacrosanct either.

In 2007, the council requested the money for a new water tower but may not have wanted to spend the $225,000 in required matching funds for the project. The main objector to the earmark is also a supporter of the guy running against Edwards in the November general election.

~ Bob Barr Shouted Down for Opposing Torture

Bob Barr, the 2008 Libertarian Party presidential candidate, was booed for saying that water boarding is torture. Don’t praise him so fast. He later said he supports “enhanced interrogations.”

(Image credit: Boston Globe)

I was watching the Howard Zinn documentary The People Speak based in part on his book A People’s History of the United States. A speech, “Ain’t I a Woman,” from Sojourner Truth proved to be very powerful and inspirational — even for a guy.

Well, children, where there is so much racket there must be something out of kilter. I think that ‘twixt the negroes of the South and the women at the North, all talking about rights, the white men will be in a fix pretty soon. But what’s all this here talking about?

That man over there says that women need to be helped into carriages, and lifted over ditches, and to have the best place everywhere. Nobody ever helps me into carriages, or over mud-puddles, or gives me any best place! And ain’t I a woman? Look at me! Look at my arm! I have ploughed and planted, and gathered into barns, and no man could head me! And ain’t I a woman? I could work as much and eat as much as a man – when I could get it – and bear the lash as well! And ain’t I a woman? I have borne thirteen children, and seen most all sold off to slavery, and when I cried out with my mother’s grief, none but Jesus heard me! And ain’t I a woman?

Then they talk about this thing in the head; what’s this they call it? [member of audience whispers, "intellect"] That’s it, honey. What’s that got to do with women’s rights or negroes’ rights? If my cup won’t hold but a pint, and yours holds a quart, wouldn’t you be mean not to let me have my little half measure full?

Then that little man in black there, he says women can’t have as much rights as men, ’cause Christ wasn’t a woman! Where did your Christ come from? Where did your Christ come from? From God and a woman! Man had nothing to do with Him.

If the first woman God ever made was strong enough to turn the world upside down all alone, these women together ought to be able to turn it back , and get it right side up again! And now they is asking to do it, the men better let them.

Obliged to you for hearing me, and now old Sojourner ain’t got nothing more to say.

(Image credit: Wikimedia Commons)

The life of Joseph Stack, the man the FBI believes flew his single-engine airplane into an office complex housing the Internal Revenue Service, ended in tragedy Thursday. It has been reported that at least one other man inside the Austin building was killed following the impact and many others were sent to the hospital to treat injuries.

To the loved ones of Mr. Stack and his victims, I offer my condolences. For Stack, I have nothing but condemnation for his acts. His brutality was needless and heartless.

I agree with Stack that what the IRS does is evil. Taxation is extortion.

What is easy to overlook is that the vast majority of people who advocate for government intervention into peaceful people’s lives do not see it that way. That’s just the way it is, they say.

Part of it is a lack of education. They have not read the books we have or heard the speeches we have. They have never studied agorism or read How I Found Freedom in an Unfree World by Harry Browne. And so they are still indoctrinated in government slavespeak.

Part of it as well is they believe that with enough government intervention and threats of violence, they can overcome circumstances they dislike in society. The only practical solution they see is violence. To offer voluntary and consent-based solutions to their problems seems so foreign them. In fact, in Stack’s suicide note of sorts, he said “[V]iolence not only is the answer, it is the only answer.”

So if the news reports are accurate and this man did do this, then he would have been acting under the same failed premises as those he intended to attack. He was a frustrated, desperate man who was willing to take his life rather than become a victim of the IRS any longer. But that is not how he will be remembered. He did not advance the cause of liberty one inch. He set it back. I’ve written before why violence is not the path to liberty.

For those of us whose highest political end is individual liberty, I believe one of our missions is to explain why violence and threats of violence are at best temporary antidotes to social ills — like heroin to an addict. Luckily, most everyone lives by the non-aggression principle everyday; it only takes making them aware of this and convincing them that the same principle applies to government too.

I would suggest reading Stack’s letter. An excerpt is below.

I can only hope that the numbers quickly get too big to be white washed and ignored that the American zombies wake up and revolt; it will take nothing less. I would only hope that by striking a nerve that stimulates the inevitable double standard, knee-jerk government reaction that results in more stupid draconian restrictions people wake up and begin to see the pompous political thugs and their mindless minions for what they are. Sadly, though I spent my entire life trying to believe it wasn’t so, but violence not only is the answer, it is the only answer. The cruel joke is that the really big chunks of shit at the top have known this all along and have been laughing, at and using this awareness against, fools like me all along.

He was obviously an intelligent and lucid man. He was angry at an unmerciful system that cripples ingenuity and compassion. He hoped to be a martyr in the revolt; but really, he is just a killer.

(Image credit: News 8 Austin)

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.

(Image credit: john curley, with Creative Commons license)

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 affect 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 these 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 Towards 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.

(Image credit: Joe Gratz, with Creative Commons license)