Freedom Answers: The Sacramento Fire Department

California has been having some serious budget problems lately. In other words, the state is trying to spend a lot more money than they have. And unlike the federal government, they can’t just print more money to spend. So various government agents are threatening tax and fee hikes so the state can continue spending all the money they want. One area where government employees are trying to increase fees is the fire department – the Sacramento firefighters are proposing a number of fees for services, not including anything to do with fighting fires.
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Freedom Answers: The War on Obesity

News reports, government reports, and soon-to-show HBO specials all have the same subject recently: America’s obesity epidemic. Various reports and government agencies are claiming that there is an obesity epidemic in America. And, if all these organizations were working together to inform people about obesity, that would be one thing. But instead, they are all working together to attempt to get government to use violence against citizens to stop this epidemic. Why? Simply because the people at these organizations and preparing these reports honestly don’t care about freedom or liberty.
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Freedom Answers: Detroit’s New Budget

The mayor of Detroit recently announced a proposed budget for his city that includes a reported $250 million reduction in spending and a 25% reduction in the work force. The entire budget of the city for 2010-2011 was just over of three billion dollars, so keep in mind that $250 million is only around an eight percent reduction. But the biggest news, of course, is the expected 1,000 to 2,300 layoffs for city personnel. Well, it’s a fine start.
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Freedom Answers: The End of the War on Terror

Recently, the Administration of President Obama announced that the “war on terror is over.” But in a rather strange follow up, the statement continued to say that “we have killed most of al Qaida,” and therefore, people who are Islamists will no longer hate and will not want to kill Americans or other non-believers in their religion. I’m really not sure how there’s a relationship there, but I’m more interested in how much government spending on the “war on terror” will decrease, since it’s now over.
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Freedom Answers: Jail for Pants

Recently a man was sent to jail. He was handcuffed and physically forced to live in a cage for three days. There was no jury. There was not even a trial. But according to the current purveyors of justice in America, this was all permitted. You see, the man had committed a serious crime. The man needed to be severely punished for his crime. It simply was not safe for this man to be free – because this man dared to wear his pants in a way the judge did not like. So he was jailed for three days.
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In Honor Of My Good Friend “The Ogre”

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Freedom Answers: To The Dark Side

Regular readers of my column know that I usually use this space to write about the various levels of government and how they continue to violate the Constitution and Liberty in America. This week, however, I have been considering going over to the dark side – becoming one with government. Why would someone who desires liberty so much ever consider such a thing? Two big reasons: it is a lot easier, and there’s a lot more cash there.
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The Supreme Court and Obamacare: Judicial Activism or Restraint?

People who think that they’re smarter than they are and have all the answers are truly dangerous.

The subject of judicial activism has reared its ugly head again as oral arguments were presented to the Supreme Court several weeks ago regarding Obamacare, also fondly called the Affordable Care Act by the Left, though the act is anything but affordable. While for years, the right has used the term “judicial activism” in criticism of the Warren Court and Progressive court rulings in general, the left has now twisted the meaning of “judicial activism” to mean its opposite, a conservative opinion that limits government by striking down unconstitutional laws. Judicial activism, in its original meaning meant legislating from the bench; in other words, twisting or stretching the meaning of the Constitution to pass laws consistent with the Progressive agenda, embodied in a Living Constitution. Proponents of the Living Constitution have made a habit of simply going around or ignoring the Constitution by judicial fiat, the rationale being it was too cumbersome to change the Constitution through the Amendment process.

Looking up the phrase “judicial activism” in Wikipedia (admittedly not always the best source but always convenient), the origin of the term is attributed to a 1947 article by Arthur Schlesinger, Jr. (hardly a conservative) in which he characterized the more Progressive judges as judicial activists. Black’s Law Dictionary (2002 edition) ‘defines judicial activism as a “philosophy of judicial decision-making whereby judges allow their personal views about public policy, among other factors, to guide their decisions.”’ Now whether or not this will be the case in the Court’s decision on Obamacare, or in previous cases such as Citizens United, Gore v. Bush, or Kelo v. the City of New London, is anybody’s guess because while Black’s definition of judicial activism may well be a good example, it is extremely difficult to know to what extent a judge’s personal bias enters into a decision, apart from what is actually written and argued in a specific case. So in a sense, I don’t think it really matters what a judge’s biases are for who can see into another’s motivations. In my opinion, what does matter is that the reasoning is coherent and based on Constitutional Law. My argument, and the conservative libertarian argument, is based on the view that the arguments of “judicial activists” stray away from any foundation in the Constitution that they are sworn to uphold, substituting instead their own personal desires for outcomes (again not always easy to fathom but often enough stated in their written views on the law to draw this conclusion). Obama has said as much in his criteria for choosing judges: that they should exemplify his notion of compassion. As I’ve written previously:

‘When Obama states that he wants Supreme Court Judges who specifically have “empathy” for minorities, he is arguing for applying the law unequally, and privileging certain members of society to the detriment of others. As Hayek wrote: “The true contrast to a reign of status is the reign of general and equal laws, of the rules which are the same for all, or, we might say, of the rule of leges in the original meaning of the Latin word for laws – leges that is, as opposed to the privi-leges” (Hayek, Constitution of Liberty, p. 154). Both Affirmative Action and Hate Crimes are contrary to the rule of law and equality before the law, because they privilege certain favored (victim) groups. One might ask, why should it be anymore heinous [or hateful] to brutally murder a gay or lesbian or a member of some other privileged minority than anyone else?’

To continue with my above line of reasoning, I think it is more coherent to base judicial decisions on our Constitution, a Constitution with a Bill of Rights that was actually designed to limit the power of the federal government rather than expand it, by creating a federalist system instead of an all-powerful central government. It is well documented that during the Progressive era, Progressives were dissatisfied with the limitations the Constitution placed on the power of the central government, and with the cumbersome process needed to change the Constitution. One of the fathers of Progressivism, Herbert Croly, wrote that the central government should “possess the power of taking any action” [italics mine] that in the opinion of the majority “is demanded by the public welfare,” which wasn’t the case with a government “organized under the Federal Constitution” (Croly, The Promise of American Life). Thomas Sowell in Intellectuals and Society (2009) commented that Roscoe Pound, dean of Harvard Law, wrote in favor of “a living constitution” in 1908, advocating “the sociological jurist,” according to whom the law “must be judged by the results [he approves of] it achieves” (pp. 163 – 64). It is well documented that the theoretical origins of judicial activism can be traced back to legal scholars like Pound and justices like Louis Brandeis (Ibid., pp. 164 – 65).

Now assuredly the government, with due verbal virtuosity, can rationalize any opinion to expand government, based on the “general welfare” or “commerce clause,” from eating broccoli to the individual mandate. But such reasoning flies in the face of the rule of law, which necessitates that there should be certain limitations placed on government power. (My argument is not based, by the way, on the assumption that conservative justices are perfect and never stray from this ideal.)

One can certainly turn a phrase “inside-out,” or in other words, twist the meaning of words for political advantage, but if you continually debase language you eventually end up with a deconstructed tower of babble. Yes, it’s true that words do not generally have fixed meanings, but they do or should have comprehendible meanings. For Obama to say that for the Supremes to strike down the individual mandate in Obamacare is an example of judicial activism and without legal precedent is pure balderdash and an outright lie. Marbury v. Madison, which established the right of judicial review by the Court, is not unprecedented, it’s foundational, and to strike down Congressional Laws that lack Constitutional authority is certainly not judicial activism, according to any realistic meaning of the term. It does not involve reading something into the Constitution that is not there, or usurping some illegitimate power as judges that is not there in the Constitution and established by legal precedent.

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It Looks Like Romney!

Since Santorum has dropped out of the race to become the Republican nominee for President the road ahead is clear for Mitt Romney, though Paul and Gingrich are technically still in the running. As I’ve argued previously, Romney is far from the perfect candidate, but from a Tea Party perspective not for the reasons most conservative commentators have given. The problem with Romney in this writer’s opinion is that 4 years after the subprime debacle that lead to a global financial collapse, Romney is to a large degree a candidate who represents Wall Street, and Wall Street along with the Fed and the US Congress was largely responsible for that collapse. But let us not forget that Obama received record donations from Wall Street in 2008, and Romney can yet make the case that he will be preferable for Main Street small business America over the crony capitalism/socialism of the Obama Democrats.

Romney is the only viable choice at this time to defeat Barack Obama, if you don’t want to see Obama’s socialism further solidified in this once great country of ours. You can still vote for Paul or Gingrich in the Primaries to register your displeasure, but a third party vote in the General Election is a vote for Obama. While Santorum had good social conservative credentials, pleasing to the Religious Right, he was not a good candidate in light of his economic positions over the years. And this election if it’s about anything will be a referendum on Obama’s economic policies and how those policies continue to paralyze America’s economic recovery.

Unfortunately, like the far left, the Religious Right has a tendency to over-estimate its strength. America is not a majority Religious Right nation: Even if every conservative, 40% of the population, would happily vote for a socially conservative candidate, that still leaves another 60%. And we mustn’t forget that Obama has a huge advantage with the so-called mainstream (Obama) media behind him. How many of the moms and pops who still tune into the MSM for their news will get fooled again? We don’t know, but do we want to find out the hard way? So the Religious Right can stay home or vote third party, votes which in either case will be for four more years of Obama-ocracy, or they can hold their nose and vote for Romney. The same goes for those libertarians who prefer Ron Paul. Paul is not going to win the Republican nomination, though he’s gone a long way towards getting his economic and monetary ideas more acceptable in the Republican Party. Romney, who tends to be fairly moderate in both his politics and his disposition, has the best chance of getting those moderates and independents that may not yet have made up their minds into the Republican fold.

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Freedom Answers: On Taxes

Oftentimes, usually during election seasons, discussions turn to taxes. When the discussion turns there, there are usually two groups – one supports more taxes, one supports slightly less, or fewer taxes on one single item. Why does no one support zero taxes? I would suggest it is because of fear – what do you hear from those who support taxes? “Oh, the government would not be able to provide services for the people, so we NEED taxes.” Really? What services?
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Freedom Answers: Government Force

Recently Mitch Faber of Brunsville, Minnesota has been in the news. I don’t believe that Mr. Faber has any intention of being in the news. But he made national attention for a short period of time. Why? Because Mr. Faber was jailed for 30 days because his house had an unfinished exterior. Yes, you read that correctly: because Mr. Faber’s house had an unfinished exterior, he was sentenced to 30 days in jail. No, there is no actual law related to this crime. But much worse is that every member of government, from the county clerk to the jailer all support this action and honestly believe that Mr. Faber should be jailed for 30 days for his crime.
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Disarmament and the Consensus Theory of Truth

There’s been some talk of late from the Obama administration calling for nuclear disarmament. Whether that would just involve further reductions in America’s nuclear arsenal or total disarmament is anyone’s guess at this point but it is worth exploring the recent history of the Left’s calls for America and the Western democracies to disarm. A look at the post-World War I pacifist movement in Britain, France and the United States is instructive. In Thomas Sowell’s Intellectuals and Society (New York: Basic Books, 2009), the author points out that following WWI, a war in which one-quarter of French males between 18 and 27 died, a devastated France was ripe for the pacifism promoted by the French intelligentsia. An international pacifist movement, centered in the Western democracies, arose in the 1920s with the goal of getting those nations to renounce war (Sowell, pp. 216 – 17). This movement was so effective that it resulted in Britain and France in the late 1930s being totally unprepared for Hitler’s aggression.

When I was in graduate school, one of my Leftist professors was an advocate of the consensus theory of truth. In other words, if a majority of the experts in a chosen field believed something to be true then it probably was. There is an obvious problem with this theory: the experts are often wrong. The physical sciences, for example, from Galileo, to Newton, to Einstein, have progressed as new theories fitting a more complete set of data have over-turned older theories, once thought to be the final word. After World War I, the consensus amongst Western intellectuals and politicians was that war was a horrible thing, which it is, and that mankind, in its infinite wisdom, had outgrown the need for war, which it hadn’t. Instead of blaming evil or fallible men for wars, the wont of the intelligentsia was to blame war itself, as if it had a mind of its own, and the armaments men used in wars, much as when it comes to crime, guns are blamed and not the men that use them to commit violent acts. When men were blamed it was because they were warlike, barbaric, or stupid. The lone voice in the wilderness was British parliamentarian (at the time) Winston Churchill. The intellectuals, mostly Leftists like John Dewey, Kingsley Martin, H.G. Wells, Bertrand Russell, Romain Rolland, Anatole France, J.B. Priestly, Harold Laski, all were thoroughly convinced that war was a barbaric vestige, and that Adolf Hitler could be trusted to keep an arms control agreement (Ibid., pp. 218 – 229).

Pacifism had so taken over France as the leading ideology that the French teacher’s union launched a successful movement to remove all references of French heroism from textbooks about World War I, to be replaced by the viewpoint that both French and German soldiers were victims of war, this despite the fact that France had for four long years and with enormous casualties defended its soil during that war. And yet in World War II, France surrendered after only six weeks of combat in 1940. Charles de Gaulle blamed the French defeat on “a lack of national will” (p. 222). Churchill was not surprised as according to Sowell, he said in 1932: “France, though armed to the teeth, is pacifist to the core” (p. 223). Hitler wasn’t surprised either. Looking at the objective factors of troops and armaments, Hitler’s generals were reluctant to invade France before 1941, but Hitler over-rode their concerns, basing his analysis instead on the mood of the French people at the time. If Hitler had exercised the same degree of judgment in assessing Russian winters, he might have been victorious in WWII. If the will had been there, France would have had plenty of opportunity to successfully invade Germany when the majority of her troops were on the Eastern front invading Poland from fall 1939 to spring 1940. But it wasn’t to be.

In Britain the situation was much the same. The dangers of pacifism were minimized while Hitler was busily rearming Germany on a massive scale. The thinking amongst intellectuals such as Bertrand Russell was that if a country presented no military threat to its neighbors no one would have any motive to attack it, and if that didn’t work, you should just surrender (pp. 225 – 26). In fact, Britain barely survived and escaped invasion due to “a belated development of its interceptor fighter planes that shot down German bombers during the aerial blitz that was intended to prepare the way for the invasion force being mobilized across the English Channel” (p. 230).

Disarmament conferences and agreements were all the rage during the interwar period. “But,” as Sowell wisely pointed out, “as with domestic gun-control laws, the real question is whether arms-limitation treaties actually limit the arms of anyone except tose who respect the law, whether international or domestic” (p. 228). Sowell went on to argue that “[s]uch agreements are inherently one-sided” as democratic nations are under pressure from the press and the populace to keep their word whereas dictatorships face no such pressures. And there lies the rub: Fascist, Communist, and radical Islamist regimes are under no pressure to keep their word to limit arms or aggression, and in fact, practice deception as a matter of policy. Such agreements are inevitably one way, to the detriment of those who actually want peace.

So I hope the above is an object lesson in both disarmament in our far from perfect world, and in the vaunted wisdom of the intelligentsia, which seems to be more often wrong than right. David Halberstam’s title of his 1972 book on the Vietnam War would seem to apply, The Best and the Brightest, a book critical of “the foreign policy crafted by the academics and intellectuals who were in John F. Kennedy’s administration, and the consequences of those policies in Vietnam” (Wikipedia ). (I would add that the phrase is useful without subscribing to Halberstam’s thesis, not having read his book.) “The best and the brightest” of the interwar period were convinced that disarmament would work, that wars were the result of weapons and arms races, and that a warlike mentality was a barbaric vestige that could be rooted out of civilized men. They were terribly and hopelessly wrong at a cost of millions of lives. Not so coincidentally, many of the same suspects such as Russell and Wells were laudatory of Stalin’s Soviet Union, as the more contemporary Leftist intelligentsia has been admiring of more contemporary tyrants from Mao, to Pol Pot, to Che and Castro, to Hugo Chavez. And while I have my reservations about the War on Terror and the way it has been conducted, I think the same blind wish for peace through pacifism infects the even more contemporary Left, and its refusal to see the dangers posed by an aggressive, Fascistic, and bellicose radical Islamist movement. Wishing something to be true doesn’t make it so.

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Freedom Answers: A Fairy Tale

Once upon a time, there was a man who realized that he had the ability to provide a service to others – a service that others wanted. He found that he could provide that service all day long and other people wanted to give him goods in exchange for his services. In fact, he realized that he could invest his time and energy in providing a service to the point where he could obtain enough to keep his family fed and actually store away some goods for later in life. So, he did what any good servant did, and he went to his master for permission.
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The Problem with Intellectuals

“The trouble with our liberal friends is not that they‘re ignorant; it’s just that they know so much that isn’t so.” – Ronald Reagan

Despite living in one of the most successful civilizations on planet earth, a significant majority of American (and Western) intellectuals have constantly found fault with the American way of life and in particular with the free enterprise system that has brought about an abundance of wealth such as has not heretofore been experienced in human civilization. This “embarrassment of riches,” to use a term popularized by historian Simon Schama, has enabled most Americans considered poor to live a quality of life that could only be attained by the aristocratic minority of the past, and indeed, would make them part of the 1% in much of the rest of the world today. And yet historically, the American (and Western) intellectual class has sided with a pantheon of tyrants beginning with Lenin, Stalin, Mao, Castro, Che Guevara, Pol Pot, Arafat, Hugo Chavez, and on and on; there’s hardly been a tyrant not beloved by the American intellectual Left.

I recently presented a talk at a local tea party group entitled, How to argue with a Leftist or, Why does the Left always side with tyrants?, exploring this very question, that is, the American Left’s fascination with tyrants. This is true of the academic Left and the Mainstream Media Left as well as the Hollywood celebrity Left. Further pursuing this topic, I am now reading economist Thomas Sowell’s Intellectuals and Society (New York: Basic Books, 2009). Sowell defines intellect as “the capacity to grasp and manipulate complex concepts and ideas” (p. 1). Intellect, according to Sowell, is not wisdom or intelligence, the latter being the combination of intellect with judgment and care in selecting relevant explanatory factors and in establishing empirical tests of any theory that emerges” and wisdom being “the ability to combine intellect, knowledge, experience, and judgment in a way to produce a coherent understanding” (Ibid., p. 2). (A caveat: Neither Sowell nor I would confine intelligence to intellectual pursuits as there are various types of knowledge as for example the practical know-how of a carpenter, plumber, or mechanic.) And Sowell goes on to describe the record of twentieth century intellectuals as “appalling,” much as I have above: “Scarcely a mass-murdering dictator of the twentieth century was without his intellectual supporters, not only in his own country, but also in foreign democracies, where people were free to say whatever they wished” (Ibid.). Sowell defines intellectuals as an “occupational category” including “writers, academics, and the like,” and excluding specialists such as brain surgeons, engineers, and financial wizards: An intellectual is “a dealer in ideas,” and “not the personal application of ideas, as engineers apply complex scientific principles to create physical structures or mechanisms” (p. 3).Unlike the latter, “An intellectual’s work begins and ends with ideas” (Ibid.). Intellectuals predominate in the social sciences, humanities, and journalism, generally in fields where there are no external standards to judge their ideas as there are in engineering, medicine, or finance. For example, in the latter, the bridge either stands or collapses, the patient either lives or dies, and the financier either makes or loses money. As a result, in those disciplines in which the intellectual predominates, “[t]he great problem – and the great danger – with purely internal criteria is that they can easily become sealed off from feedback from the external world of reality and remain circular in their methods of validation” (p. 7). I would submit that this is one way that false ideas such as socialism and Keynesianism survive to the degree that they do, but there is counter-evidence and that evidence is economic history. For example, as I’ve previously written: “History provides a laboratory for the effectiveness of economic theories and the results are overwhelmingly in capitalism’s favor: For example, compare East and West Germany, North and South Korea, the Soviet Union and the United States, China during Mao’s time with contemporary China.” However this may be so, the American socialist has never had to live in a purely socialist regime with brutal political repression such as those above, so he or she can maintain the fantasy that American socialism will somehow be different. As to Keynesian economics, its progeny the social welfare state is in the process of collapsing throughout the developed and Western World.

Another fascinating characteristic of intellectuals as a class is that they seldom confine their pronouncements to their field of competency but rather often assume that they know what is best for others in areas where they have no expertise. For example, Sowell wrote: “The fatal misstep of such intellectuals is assuming that superior ability within a particular realm can be generalized as superior wisdom or morality over all” (p. 12). In other words, competency in a particular area of knowledge does not necessarily translate into intelligence or wisdom in areas that one has little or no competency. For example, in my opinion Warren Buffett may be one of the greatest stock pickers in the world, but his competency does not even extend to the sister discipline of economics.

This phenomenon was driven home to me in 2000 when I read the Dalai Lama’s Ethics for the New Millennium (1999). While a rather useful book from a psychological perspective in terms of dealing with one’s emotional turmoil, it failed miserably when the Lama turned his attention to world affairs, an area in which I would submit that he has little or no expertise. His prescriptions were rather banal or trite. Likewise, we constantly hear Hollywood pseudo-intellectuals such as Sean Penn, Janeane Garofalo, or Bill Maher holding forth, often in a profane manner, about world affairs, the message usually being how intelligent and compassionate they are and how stupid the American public is. But in their case, intelligence and competency is hardly the issue as they are generally followers of intellectual fads, imbibed second hand through various populizers and journalists. After all, who reads Marx these days?

But even in areas in which they do have expertise, there is the tendency for intellectuals in the social sciences, for example, to overreach such as in the phenomenon of the central planning of an economy. Sowell takes his criticism of the hubris of central planners from Hayek, who elaborated on the theories of the Austrian economist Ludwig von Mises. In Economic Calculation in the Socialist Commonwealth (1920), for example, von Mises put forth the theory that pure socialism could never work because it had no price mechanism; in other words, without the market feedback of prices, how much people were willing to pay for things, producers could never ascertain how much of any good they should produce. Thus, as in the former Soviet Union, factories would produce an abundance of goods that nobody wanted to buy, and not enough of items that would otherwise have been in high demand. Hayek took this theory of von Mises and expanded it into a problem of knowledge. The problem with central planning was that no matter how smart the central planners may be, they could never plan a whole economy as efficiently as individual actors bidding for the products they wanted to buy with their own money. I’ll let Hayek speak for himself:

The peculiar character of the problem of a rational economic order is determined precisely by the fact that the knowledge of the circumstances of which we must make use never exists in concentrated or integrated form but solely as the dispersed bits of incomplete and frequently contradictory knowledge which all the separate individuals possess. The economic problem of society is thus not merely a problem of how to allocate “given” resources—if “given” is taken to mean given to a single mind which deliberately solves the problem set by these “data.” It is rather a problem of how to secure the best use of resources known to any of the members of society, for ends whose relative importance only these individuals know. Or, to put it briefly, it is a problem of the utilization of knowledge which is not given to anyone in its totality. (“The Use of Knowledge in Society,” American Economic Review, XXXV, No. 4; September, 1945, 519-30 )

In other words, there is no way that a person or group of persons could have enough information to plan all the intricate workings of an economy more efficiently than individual actors acting in their own self-interest. This is not to say that there are no other factors than economic self-interest to consider; rather, it is to say that a centralized government with the power and authority to make such decisions for the rest of the population will only tend to botch things up. The attempt of the Obama administration to pick winners and losers is just another example of why the economic model of central planning doesn’t work. Hayek calls this belief of many intellectuals that they can plan the perfect society “the fatal conceit.” It just doesn’t work: it not only fails to meet the objectives of a thriving economy; it replaces individual initiative and freedom with a form of government tyranny.

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