constitutionalism

Flag Burning, the Bill of Rights, and Leaving America Behind: Fourth of July Special

Jacques Delacroix Current Events, Law , , , , , , , , , ,

Yes, the American Revolution was special. It’s not yet uncool to recognize facts. You are entitled to your mistaken and unsupported opinions, however; this is a free country. (Not thanks to you!)

First, there were no massacres. It may have been different if Britain had won, I don’t know. The Loyalists were treated harshly in many places. Many lost their property. Many became the English-speaking root of that milder version of ourselves, Canada. Americans were so generous-minded however that they even allowed Hessian (from Germany) mercenaries from the defeated British army to settle among them. Try to imagine any of the formerly occupied countries in Europe in 1945 allowing Russian SS from the German armed forces to stay behind and prosper! (Yes, there were Russian SS, thousands of them.)

Second, the US Constitution was and probably remains the most clear, exemplary embodiment of the healthy political idea of separating powers, a major step in uprooting the habit of despotism. (I may be wrong but I think the desirability of the separation of powers my have been enunciated earliest by the French philosopher Montesquieu. The French themselves mostly made a mess of the idea.)

Third, it took an embarrassingly long time but American constitution-builders eventually produced a wise list of specifically enunciated rights. A bill of rights is a necessity to protect political, intellectual, and religious minorities and, especially, individuals from the potential, and the very real, threat of tyranny of the majority.

The next to try a bill of rights, the French, did it only a few months later, also in 1789. With the privilege of having Ben Franklin right there in Paris to lend a hand, with Lafayette – who understood the idea well – involved, they also screwed up that one. Most of them don’t know it to this day, I think, but the insertion of one sentence in their Bill has the potential to nullify the whole: “Art. 6. La Loi est l’expression de la volonté générale.”* “The Law, is the expression of the general will.” This general will, the will, the will of all, has the power to eradicate any of the individual rights carefully enunciated elsewhere in the same document. Correspondingly, today in France, there are concrete limitations on freedom of speech, for example, although freedom of speech is specifically guaranteed by the French Bill. These limitations were imposed in a carefully legal manner via acts of parliament, and signed by the president yet, they are still a form of despotism and a slippery slope. The little sentence above makes a constitutional challenge on these restrictions on speech difficult, if not impossible.

Incidentally, and going back to the US, there have been recent episodes of US flag burning by activists protesting – somehow – the Charleston church massacre. Go ahead, burn away, it’s your right so long as you don’t accidentally set afire a neighbor’s or public property! I feel forced to link this kind of petulant, childish behavior to a poll I saw recently that describes 50% of millennials as wishing to emigrate, to leave this country.** So, after voting massively for Mr Obama seven years ago, they want to escape the massive failures of his administration instead of staying put and contributing to reverse them. One the failures imputed to Mr Obama is wage stagnation. It has frozen many thirties-something in place, economically speaking. I am not sure it’s fair to blame Mr Obama but it’s done to every administration.

I know quite a bit about emigration/immigration as you might guess. So, I will presume to give potential emigrants advice: You may move to Australia, my friends. Australia will be glad to have you. The country is an admirably successful redneck project. You will enjoy the Australians’ great pubs. Of course, there is a good chance that the first night out to one of the pubs, you will open your mouths too wide. Then you may well end up beaten to a pulp in some dark alley. I don’t wish you such a fate; I disapprove of such rowdy behavior. If it comes to my attention, in the news or in the newspaper, I will not laugh openly. There will just be a little smirk on my face.  Have a good trip.

* 1789 Déclaration universelle des droits de l’homme et du citoyen

** Ordinarily, I am the first one to point out that fewer than two convergent polls from respected sources is nothing. So, take this with two grains of salt.

Myths of Sovereignty and British Isolation, V: Britain and European Models

Barry Stocker History, Politics , , , , , , , , , , , , , , , ,

The last post looked at how Montesquieu’s The Spirit of the Laws, the biggest classic of Enlightenment political thought, certainly in size and probably in importance, does not offer Britain as the model of liberty for Europe. Rounding off that argument, Germany produced its own important liberty oriented thought at the end of the eighteenth century in the work of Immanuel Kant and Wilhelm von Humboldt, in which they do not offer Britain as a model. Of course at this time Britain stood as an example of liberty, particularly in the exact period from 1792 when the French Revolution had turned highly violent and dictatorial, and European monarchies were tending to become more conservative-authoritarian in reaction.

Nevertheless, the opening phase of the French Revolution developed a much more complete vision of a equal citizens under laws they had made themselves through representative citizens than Britain itself. France was the home of great liberal thinkers such as Benjamin Constant (like Rousseau and Voltaire, Swiss in origin) and Germaine de Stael, who were  horrified by the descent of the French Revolution into state terror and then Bonapartist dictatorship. Switzerland and the variety of German states within the loose structure of an empire (the Holy Roman Empire of the German Nation) gave them ideas for liberty.

Going back to Germany itself, there was a strong element of aesthetic liberalism, focused on the cultivation of individuality and individuality sensibility, which drew on the growth of German culture at that time and the history of many different states and state forms, that includes Johann Wolfgang von Goethe, Friedrich Schiller, and Friedrich Schlegel that had a European wide influence, including in Britain.

On the level of what was going in European nations during the eighteenth century is should be noted that the death penalty was abolished in the state of Tuscany in northern Italy in the late eighteenth century at a time when Britain was famous for widespread use of the death penalty, not just for murder and treason but for small crimes in property. The French Revolution inspired severe attacks on civil liberties in Britain and one of many rounds of state force to keep the Irish down, when the United Irishmen revolted in 1798 for Irish self-government.

Britain was largely ahead of the rest of Europe at the end of the wars with Revolutionary and Bonapartist France, but that was in large part because Britain had worked very hard to finance and encourage autocratic monarchies to take back control of Europe. Napoleon was no friend of liberty, though some British sovereigntist-Eurosceptics nevertheless celebrate him, as in Andrew Robert’s recent biography Napoleon the Great. Not for the first time a British sovereigntist shows signs of wishing to imitate European nations at times when they seem most aggressively sovereign, while holding to British separateness and superiority.

As the nineteenth century unfolded, Britain started as a nation where the existence of an elected parliament, a limited form of monarchy in the process of becoming a purely symbolic monarchy, and strong legal institutions allows a case for saying that Britain was leading the way in liberty, at least for those belonging to the most marginal and dominated parts of the state territory. However, that picture applies less and less after 1830, when the July Revolution put in place a system in France, under the Orléanist monarchy, comparable to that in Britain for promoting law, liberty, and commerce. It must be said that the preceding system introduced after the defeat of Napoleon under the restored Bourbon monarchy was directly modeled on Britain’s, but could not work like the British system, given the different national context. A lesson in the dangers of thinking that liberty can be exported and designed from abroad.

The 1848 cross-European ‘Springtime of the Peoples’ undermined the relative advantages of the British system further as republics and monarchies limited by constitutions were proclaimed in various parts of Europe. There was a big autocratic reaction reversing most but not all of this. Denmark made the most progress, with peaceful demonstrations leading to a constitutional monarchy and an elected national assembly. France reverted to autocracy under the Second Empire of Napoleon III (nephew of the famous Napoleon). However, the Second Empire did have elected bodies and however objectionable Louis-Napoleon’s seizure of sovereign power was, he was a moderate autocrat presiding over a continuing growth of civil and commercial society. If we look at models for liberty in Europe, Britain was certainly important, but so was France. Even under Napoleon III, France was a long way ahead of most of Europe in the liberties of its people and the vibrancy of the economy.

If we look at one of the most important events in nineteenth century Europe, the Risorgimento which turned Italy from multiplicity of more or less autocratic states, including the Austrian armies more of less resting on church domination of society and Austrian armies, into a unified nation; France was important in providing a model of a relatively secular liberal catholic society and in pushing for a more modernist liberal form of government in Italy. Napoleon III’s behaviour was opportunistic and designed to revive French power in Europe, but nevertheless he seems to have had a genuine sentimental attraction  to the idea of a free and unified Italy. Camillo Benso, Count of Cavour, as chief minister of Sardinia-Piedmont was the major political architect of a unified Italy was impressed by both the French and British models. The ideological architect of the Risorgimento, Giuseppe Mazzini, largely lived in London and was impressed by the British type of constitutionalism and political culture, but nevertheless was also a republican and European federalist more influenced at the level of political thought by the French revolutionary and republican heritage. The military architect of the Risorgimento, Giuseppe Garibaldi, was popular in Britain, but belonged to the French republican revolutionary heritage, which he worked to spread in South America before returning to Italy.

Next post, Britain and Europe after the Springtime of the Peoples

Florentine Liberty II: Guicciardini, Dialogue on the Government of Florence (Expanding the Liberty Canon series)

Barry Stocker History, Law, Liberty, Politics , , , , , , ,

Francesco Guicciardini (1483-1540) was born and died in Florence which already had a long history as a literary and cultural centre, and as a centre of commercial life. Guicciardini came from an aristocratic family which provided an outstanding education that included study with the great Platonist philosopher Marsilio Ficino. Guicciardini had a life of state service, which took him to Spain as an ambassador as well as working within Florence and the dependent city of Bologna. He also worked for the Papacy in a political and military capacity at a time when the Vatican was the centre of one of the major Italian states, which was also at a time of political fragmentation in Italy and of foreign interventions from France, Germany, and Spain. The Papal States centred on Rome and Florence were therefore major states within Italian politics, not just cities. In the end Spanish domination overwhelmed them all, but Guicciardini seems more concerned with the danger of French domination.

The Florentine politics of the time goes through a series of shifts between secular republic, religious republic, and Medici dominated principality, which Machiavelli also participated in and commented on in writing. Indeed Guicciaridini and Machiavelli were friends, but their versions of republicanism were not identical. Machiavelli placed Rome first among the great republics of antiquity, with particular reference to the benefits of political competition, particularly between aristocracy and common people, for liberty and patriotic spirit.

Guicciardini also refers to Rome, but with less enthusiasm for the role of the common people and political conflict. He denies that the existence of two consuls sharing the supreme leadership role was evidence of a wish to stimulate political competition, but instead argues that it was a practical adoption to war time so that one consul could direct armies in the field while the other directed government business back in Rome. It was a not a scheme to limit individual power and any political competition between the two consuls was an unexpected and undesirable outcome, weakening rather than strengthening the republic. He applied a similar analysis to the double kings of ancient Sparta, who had a largely military role.

Guicciardini refers briefly but significantly to Plato indicating his preference for an ideal of order over an ideal of competition, for rational hierarchy over plebeian street politics. He does not follow anything like the strict enforcement of virtue and rule of the ‘wise’ advocated by Plato, but evidently finds that a preferable orientation to the liberty to challenge existing order. The detail Guicciardini provides of Florentine political history shows a drama of constant change and challenge, disorder and revolution, which might confirm Plato’s fears of democratic liberty, but also suggest the difficulties of applying Plato’s ideals to reality, particularly in a commercial world with a growing civil society.

Accordingly Guicciarini’s main source of inspiration was the Republic of Venice, which already had a history stretching back to the eighth century, and with claims to have its origins in Roman antiquity, in rather legendary stories of refugees from barbarian invasion seeking sanctuary in the marshes of that area. Venice was to survive as a  republic until 1797, when it was abolished by Napoleon. At its peak its territory stretched well down the Balkan coast of the Adriatic and was a major, if not the major naval and trading power in the eastern Mediterranean, so it did serve as a modern example of a powerful republic and the possibility of republican government in a largely monarchical world.

Another advantage of Venice from Guicciardini’s point of view was that it was a definitely aristocratic rather than democratic republic. There was an elective prince for life, the Doge, appointed by the aristocratic citizens of the city and ruling in cooperation with aristocratic councils. Fifteenth century scholars in Italy suggested that the constitution of Venice corresponded with Plato’s vision of a republic in the Laws, largely based on Sparta (where power was focused on the thirty man gerousia and five ephors rather than the citizens’ assembly itself based on a very restrictive definition of citizenship. This is Plato’s vision of a state that might exist in reality as opposed to the philosophical ideal proposed in the Republic. The great merchant and commercial wealth of Venice would have been disturbing for the Spartans and for Plato though, providing another example of the limits as well as real relevance of ancient republics for the modern world.

So Guicciardini is less ‘Florentine-Roman’ (democratic) and more Venetian-Spartan (aristocratic) than Machiavelli, but nevertheless he accepts that the poor have to be given some role in politics and that even if the poor are outside political citizenship at times, once a crisis brings them into politics it is very difficult to reverse that situation. The solution for Guicciardini is to allow the poor citizenship and some rights, in city assemblies, while excluding them from the highest offices of state. The high offices should be reserved to the aristocracy, with the highest offices to be held on a long-term, possibly even lifetime basis. The concern is to provide more stability and civic strength than Guicciardini believes is possible from the political activities of the poorly educated and unpropertied masses.

Guicciardini’s belief in liberty through the dominance of a responsible republic elite anticipates later ideas of thinking about liberty on the basis of conservative institutions for preserving order and property as preferable to democratic institutions and political contestation. Any thought about liberty is likely to have some element of this, some ideas about institutionalising property rights and legal stability, against the dangers of irresponsible temporary majorities. Whether a complete dominance of such institutions, with the risk of undermining them through overburdening them, is desirable or practicable is a matter of debate. Machiavelli and Guicciardini present a compelling classic Florentine compare and contrast on such issues.

Scotland, Nation, and Liberty

Barry Stocker Current Events, History, Liberty, Philosophy, Politics , , , , , , , , , , ,

As I start writing voting is coming to an end in Scotland with regard to a referendum on whether Scotland should remain part of the United Kingdom. The United Kingdom comprises England, Scotland, Wales, and Northern Ireland. There are those in Cornwall, a peninsula on the extreme south-west of England who argue that is should be represented as an entity on  level with those four components of the UK, as it was regarded as distinct from England into the sixteenth century, never having being properly incorporated into Roman Britannia or Anglo-Saxon Wessex (the Old English kingdom in the south west, which became the nucleus of the Medieval English state).

From the 10th century onwards Anglo-Saxon kings asserted supremacy over Scotland with varying degrees of success in obtaining some recognition of overlordship from Scottish kings. Wars between Scotland and England led to victory for Scotland in the fourteenth century when the English monarchy ended attempts to use force to demand Scottish subordination, or even incorporation of Scotland, and European states accepted Scotland as a sovereign entity. In the early seventeenth century, Queen Elizabeth I of England died childless so that the heir to the English crown was King James VI of Scotland who became James I of England. He moved his court from Edinburgh to London, and pushed for the union of two kingdoms in his person to become a state union of England and Scotland as Great Britain. (At this time, Wales was treated as a part of England.)

The English Parliament resisted the creation of Great Britain, but by the early eighteenth century there was mutual interest in the trade and economic advantages of state union with accompany reductions on trade barriers, particularly after the failure of a brief attempt at Scottish empire building in Central America.  An Act of Union was passed by the English Parliament in 1707 and then by the Scottish Parliament in 1708, which abolished the Scottish Parliament. It also left in place major differences in laws, the legal system, education, and the state church, which have lasted until the present day.

Before the personal union of Scotland and England under James VI/I, Scotland itself went through a process of internal integration, or colonisation of the peripheral regions by the centre, as all nations have. This included the 1493  abolition of the Lord of the Isles, which indicated sovereignty over an area covering the highland and island areas of Scotland, and which has a complex history in relation to all the neighbouring powers. The incorporation  of that region, what could easily have been a separate sovereign nation if history had gone a bit differently, was not completed until 1745, that is after the Act of Union, when a British army destroyed an attempted restoration of the Stuart family of James VI/I. The attempted restoration is known as the Jacobite Rebellion. Jacobite refers to the latinised form of James, in honour of James II, who was overthrown in the Glorious Revolution of 1688 due to his Catholic religion, fears that he was attempting to enforce that religion as a state church instead of the existing Protestant established church, and fears that he was creating an absolute monarchy with a decorative role only for Parliament.

The Jacobite Rebellion itself divided Scotland between the traditional semi-feudal highland chiefs and the commercial world of the Lowlands. As a consequence of the failure of the Rebellion, British law was enforced fully for the first time beyond the Highland line, while restrictions were placed of Highland customs, clothing, and language. The language of the Highlands was Gaelic (a Celtic language relate to Irish, Welsh, Cornish, and Breton).   This was the triumph of the Scots (a dialect of English, or a language which is very close to English depending on point of view) and English speaking Lowlanders and the end of the process initiated by the early Stuart overthrow of the Lords of the Isles.

The United Kingdom was formed by the 1800 Act of Union, which abolished the Irish parliament. Most of Ireland left to form what is now the Republic of Ireland in the early 1920s, but Northern Ireland remained, now with its own parliament, which is why there is still a UK, not just Great Britain.

All this history is to indicate the long historical nature and the complexity of the  relations between England and Scotland, with regard to sovereignty, identity, and so on. Scotland like England was itself a work in progress before union, and the integration of Scotland into what might be taken as a single nation, was completed over one hundred years after the Act of Union, over two hundred years after the union of crowns, under the leadership of the British crown, which at that time was unified with the German princedom of Hanover.

Scotland was never assimilated into England, even when there was no parliament, and Scotland has always been distinct from England than Wales in at least two respects:

  1. there is a higher proportion of trade within Scotland than with England, than of internal Welsh trading activity compared with trade with England;
  2. Wales’s contact with urban centres is just as much with the nearby English cities of Bristol, Birmingham, and Liverpool as with its own cities (principally Swansea and Cardiff) while Scotland is very focused on its own cities (principally Edinburgh and Glasgow).

However, Wales is more distinct from England in language since twenty per cent  speak Welsh fluently, everyone studies Welsh at school, and Wales is officially bilingual, even gesturing towards Welsh language priority. Gaelic speakers are about one per cent of the Scottish population.

The Welsh-Scottish comparison serves to show that ways of assessing national identity and distinctness vary and that there is no one way of evaluating this, so there can be no one institutional and political strategy for accommodating national differences within a state. The level and intensity of Scottish distinctness and identity has amounted to a nation now divided almost exactly down the middle about whether it wishes to separate from the UK.

This is not just an issue of identity though, as a large part of the Scottish independence vote is based on a belief that Scotland is egalitarian, welfarist, communal, social democratic, or even socialist, in comparison with England and that the countries are polar opposites on these issues. Another part of support for independence is the hope that North Sea oil will bring more benefit to Scotland if a Scottish government is collecting the tax revenue, accompanied by the belief that taxation at the UK level is some kind of resource theft.

Building on the historical, political, and institutional account above, what conclusions am I drawing? The first thing to state is of course that Scotland has every right to leave the UK if it so wishes, that it is a good thing that a referendum is being held to test what Scots want, and that if independence is what is wanted, then the government of the residual UK use must take a positive and co-operative approach to the departure of Scotland.

However, I certainly don’t believe that Scotland should separate. Part of that is the emotional patriotism of an Englishman, call it nationalism no problem, based on centuries of shared enterprise and struggle, good (the defeat of National Socialist Germany) and bad (imperialism). The Scots took a disproportionately large part in the trading, colonising, and military aspects of that joint history, and during that history many Scots went to England and became part of English society, John Stuart Mill’s father is a notable example. One of the great flourishing moments of that history was the Scottish Enlightenment of David Hume, Adam Smith, and others, which always involved education, travel, and interaction in England as well as Scotland.

Why peace behind centuries of joint enterprise in which despite centralising processes, differences of identity and in institutions proved to be compatible with the growth of commercial society, civil society, liberty under law, parliamentary government, science and culture, and the twentieth century struggle against totalitarianism.

There’s  a lot for liberty advocates to admire there, without denying that a lot of worse things happened as well, and surely we should be disposed to favour building on that rather than destroying it. Many liberty advocates have a preference for small nations where maybe there is more chance of intelligent laws and policies, less remote from everyday reality and individual understanding of particular realities.

I can only agree with the provision that such a result can be achieved through forms of federalism which are decentralising rather than centralising so that the federal centre is largely responsible for trade, foreign and defence policy, and the lower region and national levels do everything else in an innovative, flexible, diverse, and competitive way.

There is still some benefit in the UK remaining as a unified power for defence and military purposes. It is would not be good from a liberty point of view for a country that in its military budget and capacities, its diplomatic and transnational weight, is still a match for nearly all the major powers. The UK whatever its faults is one of the more liberty  oriented parts of the world, and no good would come from lessening its strategic and diplomatic weight. Of course those liberty advocates who prefer very neutralist and almost pacifist attitudes to international relations will not be impressed, but we live in a world where states with low levels of inner liberty and little respect for the rights of others exist, and should be at least matched by powers that are more liberty oriented at home and more respectful of the rights in the international sphere. The role of liberal democracies has not always been admirable in this sphere, but better those errors than unchecked aggression from authoritarian states.

The institutions of liberty are more likely to flourish in democratic states, where a multiplicity of national and regional identities flourish, than in attempts to break away based on some inclination, of some degree of intensity, that singular national identity is better than multiplicity and that national identity needs unrestrained state sovereignty. In the particular case of Scotland, the Scottish National Party, and others for independence, are relying on the dream of a more socialist country where ‘Scottish’ oil is protected from the English to fund an expanding state, without having a plausible explanation for the currency to be used on independence, or any sense of reality about how international markets testing the prudence of a new state are likely to drive it towards high interest rates and displays of deficit reduction.

The political consequences of a subsequent disillusion with social democratic dreams mingled with existing  assumptions of a morally superior Scottish community, and related anti-English feeling, in economically disruptive circumstances could be most severe and disturbing. Even on a more optimistic assumption about the future in which Scotland moves smoothly into a more social democratic future, nothing is gained from a pro-liberty point of view. Pro-liberty commentators who think that because Hume and Smith were Scots that an independent Scotland will be guided by Enlightenment classical liberalism have completely lost the plot.

A California Crack-Up?

Brandon Christensen Comments, Current Events, Law , , , , , , , , , ,

We can only hope.

There has been a small flurry of news articles covering the success of a political initiative by a Silicon Valley entrepreneur to split California into six states rather than one. If this sounds familiar, it’s because many Notewriters have been advocating for more decentralization – both in the US and abroad – since NOL was founded back in 2012. Because breaking up states within free trade zones is such a sophisticated idea, many mainstream pundits have been reluctant to read up on it. Instead, Left-wing reactionaries (and really, are there any other kind?) simply resort to slandering the entrepreneur responsible for the initiative (his name is Timothy Draper, by the way, and you can look up his wiki here), slandering libertarianism, and slandering rich people (Slate, predictably, covers all of the fallacious bases in one fell swoop).

Luckily, the internet now provides people with more than three television channels.

There are two things you need to know about secession within the US free trade zone. First, it is extremely hard to break up one state into many. There is a constitutional process for the whole idea (I don’t understand why the framers, and subsequent legal experts, can respect secession within free trade zones but cannot bother to apply their reasoning to secession in matters outside of a free trade zone’s jurisdiction; Texas, for example, provides us with a great case study of what happens when an administrative polity breaks away from a federal state only to join a rival federal state; Why should this concept not be applied to the West’s foreign policies today?).

In order for a potential administrative unit (“state”) to become an actual US state, it must first be approved by state legislatures. So, in California’s case, only the California legislature needs to approve of the secession. However, there are rules in the constitution allowing for states to join up with each other, or for one region between two US states (like the hippie area in northern California and southern Oregon) to apply for statehood as well. When two or more states are involved, the legislatures of each state must approve of the secession (or marriage). Are we all clear?

Second, after the state legislature(s) approve of the secession, the move must then be approved by the US Congress (both houses). Andrew Prokop, of the Left-wing site vox.com (lest I be accused of being too ideological), explains well what this means:

The biggest difficulty of all would be getting Congressional approval. Giving California 12 Senate seats would be an extremely tough sell. Though those seats wouldn’t necessarily be overwhelmingly Democratic […] they would dilute the power of every existing senator.

Indeed. Now you can hopefully see why libertarians generally support decentralized governance (and let it be remembered that federalism – even a territorially-expansionist federalism – is likely to be the quickest, but still legally-soundest, way towards decentralized governance). As I wrote in a ‘comments’ thread last September (2013):

[…] the federal pie itself would not grow in the event of a few states splitting up.

Think of it this way: suppose the federal budget is $100 for the year. Currently, there are 100 Senators and 435 members of the House, so altogether there are 535 politicians dividing up the $100 pie.

Now suppose the number of states suddenly doubled. You now have 200 Senators and say 870 members of the House.

Numbers like this guarantee that each politician will have less power.

Additionally, you cannot grow the federal pie simply by creating new states out of thin air. If this were the case, then politicians and intellectuals who favor the government redistribution of wealth approach would have long ago advocated for more states. Advocates of redistribution recognize that more decentralization of power makes it harder to come to a consensus about policy options.

And the less government does, the better off everybody will be.

Now, with this being said, there is more than one type of pie. There are state pies and county pies and private sector pies, too. Secession would weaken the power of state-level politicians (Governor Brown could only inflict damage on northern Californians rather than all Californians, for example).

County pies may or may not grow, but in my estimation I do not think growth at the county level is all that important.

The one pie that would grow would be the private sector pie, largely due to the lack of consensus (or, in other words, the greater amount of special interests) at the federal level that decentralization brings about.

Speaking of ‘comments’ threads: One of the things I like most about blogs is the fact that many of the insights I receive about an idea or an event are found in the ‘comments’ threads rather than in an original post. The openness of the blogging platform provides not only an avenue for individuals to express their thoughts, no matter how primitive or vulgar, but also a way for people to expand their horizons and learn something new. This is one of the reasons I try to encourage readers, as well as my fellow Notewriters, to get more involved in the ‘comments’ threads, although y’all are understandably weary of trolls.

Around the Web

Brandon Christensen Current Events, Links , , , , , , , , , , ,
  1. Recent Mexican reforms and the impact on the United States. From Gary Becker.
  2. Is the Pope’s Capitalism Catholic? Read this for the concise history lesson on Argentina rather than for the Pope’s opinion about public policy.
  3. Sandy Ikeda asks: Who is really threatened by innovation? Rick’s recent musing on political entrepreneurs can also shed some light on Ikeda’s question.
  4. The Liberty Constitution, Or, What About Slavery? Some libertarian legal theory for dat ass.
  5. “Diplomacy.” A transcript of Rand Paul’s recent speech on US foreign policy.
  6. Why the world needs more globalization, not less.

Financial Armageddon; Hello Mongolia; Hello, Uganda!

Jacques Delacroix Current Events, Economics, Law, Politics , , ,

Today, this blog has had a hit from Mongolia and one from Uganda. I have no way of knowing whether any of these hits correspond to someone actually reading an item. WordPress, the sponsor of this blog, does not keep this kind of numbers. And, perhaps, it’s just as well. Visitors from outside North America are very welcome on this blog. They are also welcome to make requests. And I prize their rare comments.

This is the Nth day of federal government so-called “shutdown.” The American Left, the Obama Administration, various international pundits, have been predicting world financial Armageddon because of the shutdown and because of the budget battle that will probably follow. Instead the most common stock index, the Dow Jones Industrial Average, was up 62 points today. That’s not much but it’s not nothing. It’s up, not down. It’s not quite half a percentage point up (.42%). The French CAC40 was also up. Up is not down, no matter how you look at it.

The coming federal budget showdown (don’t confuse with “shutdown”) is about the executive branch borrowing money. It’s not borrowing money because it’s facing some extraordinary expense. It’s become routine. The belief that the federal government cannot operate within its financial means has become deeply anchored without ever being presented to the people for a vote or even for a talk. Conservatives object.

Many conservatives affirm that government borrowing should never occur except under dire and exceptional circumstances. Me, I am a wishy-washy moderate conservative. I could be convinced that federal borrowing is virtuous but I want the discussion to take place in the open. We are working on it.

There is a small technical thing that bothers me around talk of government “defaulting.” Perhaps, something can help me with this. Suppose I own government debt; suppose I own a Treasury Bond for $1,000 coming due on October first. If the federal government fails to give me my money on October 1st but, instead hands me on an IOU confirming it owes me $1,000 that it will pay soon, how worried should I be? Is my landlord not going to accept the IOU? Is the bank going to toss it into the waste basket?

And would the executive branch of government do something illegal, unconstitutional by issuing such an IOU?

From the Comments: American Politics without the Romance

Brandon Christensen Comments, Politics , , , , ,

Longtime reader (and prolific blogger in his own right) –Rick riffs off of the Obama administration’s latest attempt to flaunt the rule of law:

Many of the tactics being used by Democrats and President Obama, today, derive from past tactics approved by Republican majorities and Republican Presidents who sought to avoid the difficult role of governing properly by seeking work around exceptions to the Constitution by reassigning or allowing the usurpation of powers between branches or though Constitutional amendments on requirements that stood as roadblocks.

So, neither party is better or more moral than the other in this regard.

Read the whole thing. Upon second thought, I probably should have titled this post “politics without romance” and just omitted the “American” part of it. In fact, you can pretty much use –Rick’s comment to explain every social conflict imaginable if you just make sure that the words ‘Democrat’ and ‘Republican’ are replaceable by any faction and the word ‘Constitution’ is interchangeable with the word ‘power.’

I got the phrase “politics without romance,” by the way, from Nobel laureate James Buchanan.

Libertarian Foreign Policy: A Dialogue on Imperialism

Brandon Christensen Law , , , , , , , ,

Now I got you right where I want you. Let’s start with your assertion that you are not anti-Muslim. I wholly agree with you, and reading back on our first exchange (Peace At All Costs…) it is clear to me that you were making exactly the points that you mention above. Here is what you said:

Jihadism does not mean “re-conquest” of what was once Muslim but conquest or domination of the whole world. (See the Hamas Charter on this blog). The only acceptable outcomes are conversion or living as dhimmis, second class citizens, for Christians and Jews. Pagans – that would include Santa Cruz Buddhists, as well as Hindus – can be slaughtered freely or reduced to slavery under Islamic law. In fact, any Muslims man can seize any “pagan” and make him or her a slave. Female slaves are called “concubines.”The Muslims scriptures thus clearly condone rape. The rational Muslims I know will say, “ That was a long time ago. We would not do it now.” In the meantime, the permission to act in this manner remains on the book. It can be invoked at any time and is. I don’t know for sure but I would bet that there is not a single fatwa condemning any of these outrageous acts.

I can see now that you were really attacking the notion of Political Correctness that is so prevalent in the minds of most young people these days. I don’t care what everybody else says, you are a very, very good teacher.

Moving on, let’s go over the case of Rwanda really quickly, so that misunderstandings over the doctrine of nonintervention can be cleared up. You said:

The most useful thing you did recently to help this cause is to affirm clearly that we, as a nation, have no responsibility toward the victims of mass massacres in which we could intervene at little cost and at little risk to ourselves. I refer to Rwanda, of course and not to Iraq where there was always much risk.

We have radically different moral compasses. There is an impassable gulf there.

This is not really an instance of morality. The horrors of massacres and genocide make me sick to my stomach to think about, but that by itself is no reason to send a military into an area that is suffering.

We have to think things through. For example, should we have intervened in Rwanda on behalf of the Hutus or the Tutsis? That in itself presents a great problem. You may reply with an emphatic “who cares, they are all slaughtering each other!“, of course, but then this begs the question as to what our military should do upon arrival. Showing up to a state, no matter how divided, uninvited and with the intent to make everybody play nice together doesn’t sound like my idea of a solid plan to prevent violence and bring about democracy.

On top of this, how would the rest of the region perceive this “humanitarian mission” undertaken by the West? Is it not true that most of the states in Rwanda’s region of the world are governed by former guerrilla leaders who won their power under the guise of anti-imperialism? You will no doubt respond with another “who cares, they are slaughtering each other, and if we can take a few dictators with us, then it’s all the more reason to do it!” Yet now we have created a situation that involves not just the failures of one post-colonial state, but we have drawn in regional players to boot. Instead of a civil war with minimal interference from neighbors, we have a regional problem and one that gives those ex-guerrillas more reasons to justify their brutal regimes.

In essence, instead of a small intervention with little or no costs, what we would probably get is a protracted regional war in which the republic’s safety is in no danger at all. And just think about the image of the United States around the world in a situation like this. I’m sure other states would be very understanding of our position that we are only using our military there to bring about peace, even as all-out war descends across the entire region and it becomes apparent that Washington never really had a plan in the first place, save to prevent genocide among the Hutus and Tutsis without taking sides.

I hate Ron Paul! I hate Ron Paul! I hate Ron Paul!

Ron Paul was using this statement by a former Brigadier General in regards to the air conditioning costs. Is a highly-ranked logistician and West Point graduate’s rough estimate not good enough for you? I’d be willing to condemn Ron Paul as a demagogue if you could provide me with some exact budget numbers from the DoD. Otherwise, I see no reason not to believe a former General’s lamentations regarding Washington’s profligate spending on our “nation-building” exercises.

This argument is also absurd when we remember that Ron Paul said this during a live televised debate. Even if this number turns out to be false – and we have absolutely no reason or evidence to suggest that it is – such a statement should be pretty well-ignored when we consider some of the whoppers that the other candidates have come up with. I am thinking specifically of your pets Herman Cain and Newt Gingrich.

The Constitution vs. “Congressional authority”

This is what I mean by tinkering with words. I thought it was something that only liberals do, but apparently I am wrong.

All name-calling and poo-pooing aside, I think that something important is at stake here: namely The Rule of Law. If we continue to let elites define the letter of the law as they go, then we will continue to see our liberties slip from our grasp.

Article 1 Section 8 of the constitution clearly, explicitly, and plainly states that “The Congress shall have the Power To […] declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;”

We already know what letters of marque and reprisal means because you have mocked David Theroux for it in the recent past. Yet, if you think about it, turning bin Laden over to bounty hunters seems like a mighty smart thing to do after ten years of hindsight. Perhaps Mr. Theroux is just a cowardly pacifist, but then again maybe he is concerned that Washington’s policies abroad are eroding The Rule of Law.

The Joint Resolution did indeed give the President the authority to wage war against the perpetrators of 9/11. Ooops. Here we are ten years later, and Osama bin Laden is dead. He was killed in Pakistan. Our military is now working with al-Qaeda (in Afghanistan), and that’s actually a generous way of putting it.

More “congressional authorization”: The Use of Military Force Against Iraq. Ooops. Here I think it would be pertinent to ask “what does ‘military force’ mean?” Evidently it meant removing a dictator from power within 3 weeks, and then implementing policies meant to transform Iraq into a multi-party democracy in the middle of the Islamic world. Eight years later, we are still there, and 700,000 innocent people have been murdered in the ensuing chaos caused by “congressional authority”.

I guess I’ll ask the question again: what part of “only Congress can declare war” don’t you understand?

Declaring war gives a nation and its policymakers a clear-cut goal. It eliminates the ambiguities associated with “congressional authorization” for something or other regarding foreign affairs. Declaring war is a precise and serious way of telling citizens and enemies alike that all options to come to an understanding have been exhausted. Declaring war is the most honest and straightforward way of dealing with hostile polities in the diplomatic arena, and as such, it is the most fitting way for a republic composed of free citizens to go about engaging in international squabbles.

It also eliminates the loopholes created by congressional authorization techniques, techniques that have been used for centuries by power-hungry tyrants to get around The Rule of Law.

America and Firearms (Explained to Overseas Readers)

Jacques Delacroix Current Events, History, Law, Liberty, Politics , , , , , , , , , , ,

The other day, I am watching the news on TV5, the international French language network. I am doing this to get away from the spectacle of the impending economic disaster in the US where I live. This is shortly after the massacre of school children in Connecticut. One item draws my attention: The cute, airhead French female announcer (or “anchorette”) states that last year about 28,000 people in the US lost their lives to guns.

Here we go again, I think. More half-assed information that is worse than no information at all. I have witnessed European media disseminating misleading information about the US for more than forty years. This time again, I have to intervene to help overseas of observers of the international scene who want to know about reality and who might happen to read this blog.

I can’t tell you how often I have witnessed the following: European commentators making sarcastic, superior comments about some American event or custom, or some American way of doing things and then, their society adopting uncritically the same American event, or custom, or way of doing things ten years later, or even later. Right now, for example, I would bet you anything that one of the novelties on French radio is 1990s American popular music. That would be especially true on the channel that calls itself without batting an eye-lash, “France culture.”

The tendency of Europeans to copycat the United States is so pronounced that it even affects social pathologies, the last thing you should want to imitate. Accordingly, it seems that the French expression for “serial killer” is: “serial killer.” N.S. ! (Would I make this up?) Continue reading →

From the Comments: Foreign Policy and the Rule of Law

Brandon Christensen Comments, Current Events , , , , , , ,

This excerpt comes from a debate I had with Dr. Delacroix on his main blog awhile back. It pretty much made me a star within Santa Cruz libertarian circles (i.e. four people now know my name). Behold:

The idea – nay wish! – that the newly liberated people of the Arab world will somehow elect secular, Western-friendly governments after 50 years of oppression by regimes that were perceived by the Muslim public to be secular and Western-friendly belongs to be filed under the category of ‘fantasy’, not foreign policy.

and this:

I think Egypt and Libya are going to be just as bad as they have been, if not worse. Only Tunisia, which did not rely on foreign support AND recently elected Islamist parties to their new government, will come out of this for the better. I hope I’m wrong, of course, but libertarians rarely are!

and finally this:

The idea that Paul knows everything about anything is one that sure does look a lot like dogmatism at first glance. But Ron Paul will be the first to claim that he does not know everything. That’s why he insists that everything go through the Constitutional process – including overseas activities. That is to say, Ron Paul’s idea of dogmatism is to adhere to The Rule of Law. Imagine that!

I highly, highly recommend reading through the whole exchange (it starts after a few other comments in the thread; just scroll down, you won’t regret it, and don’t forget the popcorn!).

Libertarian Isolationism: A Rebuttal

Brandon Christensen Liberty , , , , , , , ,

I am floating on air. I had recently added Dr. Jacques Delacroix (Ph.D. Sociology, Stanford) as friend on Facebook, as I had come across his insightful writings in the pages of Liberty, a libertarian publication. I was especially amused by his article on UCSC LUG’s, and was pleasantly surprised to see that he was a mutual friend of a fellow Santa Cruz libertarian.

He is an immigrant from France, and, as you can see through his writings, he bears much resemblance to another Frenchman who once wandered through our curious and inventive Republic.

A rare breed not only because he immigrated here from France (and loves it), Dr. Delacroix is also, quite curiously, a libertarian hawk. That is, he believes that the United States military can and will effectively run an operation that eliminates the threat of terrorist networks aimed at destroying the Republic.

I was fortunate enough to have piqued his interest one day, and the exchange that ensued led him to reply, quite thoughtfully, to my responses. In other words, I am swimming with the big fish now!

Because Dr. Delacroix is much wiser than I, the burden falls on me to convince him of the error of his thought. It has often been said that the older you get, the less likely you are to change your thoughts or your “ways”. I don’t expect to change Dr. Delacroix’s mind (not because he is “old”, either!), but because his mind is still very, very sharp (which is why I am so perplexed at his hawkishness on this issue), I must respond and give the best response that I can.

Below you will find my first argument from the Facebook exchange in italics, followed by Dr. Delacroix’s arguments (which will be indented and in bold), and my replies will follow. I hope y’all learn something from this. I know I have. Continue reading →