Category Archives: Constitution

Updated: In Defense Of The Fence

Constitution, Crime, IMMIGRATION, libertarianism, Private Property

Here’s an excerpt from my new WorldNetDaily column for Friday, April 4:

“[T]he Department of Homeland Security [has] proceeded to waive certain environmental laws for various project areas in California, Arizona, New Mexico, and Texas, so as to begin completing, this time apparently in earnest, the 700 miles of fencing mandated by the ‘Secure Fence Act.’”

“The Act was forced on the ruling class in 2006 by a passionately non-partisan American public, sick and tired of the farce on the southwest front. Naturally, after the primping and preening that accompanies the signing of a bill into law just prior to midterm elections, the politicians promptly side-stepped the popular will…”

“That the government has used its discretionary waiver authority to temporarily suspend a few of its countless ‘land management’ laws, never vetted by voters, is no tragedy. In fact, government should waive more superfluous regulations if this means fulfilling its one constitutionally mandated function: defending the nation’s borders…”

Read “In Defense of The Fence” here (or on WND, where we lead the Commentary Page).

Update: In reply to some of the hysterical yelps of “tear down this wall”:

“If you really want to see an immigration liberationist rise on his hind legs, mention a fence along the U.S.-Mexico border. … Irrational minds have transformed a defensive wall à la the Emperor Hadrian’s, intended to keep the ‘barbarians’ out, into the Iron Curtain or the Berlin Wall, constructed to keep people in.”

A fence is the quintessential non-aggressive method of defense. You don’t attack, arrest, or otherwise molest undesirables, you keep them at bay, away. This is why it’s so dishonest of libertarians to protest the fence. Other than utopian solutions that’ll never come to pass, there is no other option. Libertarians are not that stupid. They know this, which makes their position all the more callous. Even sicker do such people make me when they protest Israel’s security fence. It has cut by over 80 percent the number of Israelis maimed and murdered by suicide bombers.

“Other barriers that fail to move the ‘tear-down-this-wall’ humanitarians to do their St. Vitus Dance are those separating India and Pakistan, Botswana and Zimbabwe, Uzbekistan and Kyrgyztan, Thailand and Malaysia, and Turkey and Syria (this one is mined).” And, as Joseph Farah points out in his latest column, Egypt is erecting a fence to keep the bad-tempered Gazans from hurting Egyptians.

I suspect that the kind of person screaming bloody murder about a barrier would change his tune if his property was being traipsed by trespassers day-in-and-out. Here’s the left-liberal Time magazine on the ordeal:

“When the crowds cross the ranches along and near the border, they discard backpacks, empty Gatorade and water bottles and soiled clothes. They turn the land into a vast latrine, leaving behind revolting mounds of personal refuse and enough discarded plastic bags to stock a Wal-Mart. Night after night, they cut fences intended to hold in cattle and horses. Cows that eat the bags must often be killed because the plastic becomes lodged between the first and second stomachs. The immigrants steal vehicles and saddles. They poison dogs to quiet them. The illegal traffic is so heavy that some ranchers, because of the disruptions and noise, get very little sleep at night.”

Or if his beloved fell pray to a member of a group so well-represented among the criminal class:

“Some of the most violent criminals at large today are illegal aliens.” In 2000 nearly 30 percent of federal prisoners were foreign-born. In Los Angeles, 95 percent of all outstanding warrants for homicide target illegal aliens. Up to two-thirds of all fugitive felony warrants are for illegal aliens. In 1995, already 60 percent of the 20,000-strong 18th Street Gang in southern California was illegal. In the Mecklenburg County, where the sheriff recently broke with the country and began to enforce immigration law, “1,200 foreign-born people have been arrested since April, on charges ranging from traffic violations and trespassing to sex crimes, and nearly 600 have been found to be here illegally.”

Spitzer Also Edited The Harvard Law Review

Business, Constitution, Democrats, Ethics, Justice, Law, Natural Law

(The title of the post is a tad unfair to Obama, I know. But editing The Harvard Law Review is clearly no litmus test for purity of intellect or ethics.)

One thing is for sure, Spitzer did not forge his political and fiscal fortunes by means of voluntary exchanges on the free market. The Spitzer piranha didn’t give law teeth; but used bad law to bite business to the bone.

Daniel Gross of Slate had this to say back in 2004:

Spitzer made maximum hay out of the “New York State’s Martin Act. The 1921 legislation, as Nicholas Thompson noted in this Legal Affairs piece, gives extraordinary powers and discretion to an attorney general fighting financial fraud. He can ‘subpoena any document he wants from anyone doing business in the state,’ make investigations secret or public at his whim, and ‘choose between filing civil or criminal charges whenever he wants.’ Extraordinarily, Thompson notes, ‘people called in for questioning during Martin Act investigations do not have a right to counsel or a right against self-incrimination. Combined, the act’s powers exceed those given any regulator in any other state.’”

Spitzer embodied abuse of power. As a government goon, he was an extortionist extraordinaire. “He didn’t simply indict. He issued press releases. When Spitzer published a press release detailing a shocking betrayal of trust by” this or the other “of Wall Street’s most trusted names,” the company would lose billions in market value in a matter of days and would quickly settle with the thug.

I know I’ve defended the naturally licit actions of scum such as Scooter Libby against naturally illicit prosecutions. And yes, I support the decriminalization of prostitution (but not its moral elevation). Yes again: I believe Spitzer’s funds are his to move about, and that his transactions were perfectly licit. So call me inconsistent on this count, but this character is so evil, contemptible, and uncontrollable (and nauseatingly hypocritical), I consider it a mitzvah that he has been removed from office and taken DOWN, if by unjust means.

I want to see Spitzer’s name live on in infamy; he ought to ultimately die disgraced, and if we lived under a just legal system, be prosecuted—but for his crimes against innocent members of the business community. Unfortunately—and I guess I’m nothing if not consistent—I’m with Alan Dershowitz on the following count: Spitzer ought not to be prosecuted for his moral failings. Although I’m filled with schadenfreude at the spectacle of Spitzer, there is no case to be made for his prosecution in libertarian law.

More later on Spitzer’s ho—or rather on the manner in which media have infantilized the girl and turned her into a victim.

Looking for Love in the All the Wrong Places

Africa, Bush, Constitution, Foreign Aid, Terrorism

As if you needed more proof of Bush’s worth:

Africans love him—and not only because he is a Strongman, a real tribal chief—but because he has been more generous with his tribe’s money that his predecessors.

The idea that Bush has saved African lives is idiotic—any government-to-government transfer, which is all foreign aid is—goes to maintaining the mandarins that man the aid bureaucracies in the US, and straight into the Swiss bank accounts of the recipient African heads of country. The latter don’t even conceal their cupidity.

American individuals, estates, foundations, and corporations gave $241 billion to charity in 2003. Foreign aid through the state amounts to only $15 billion per year, most of which is squandered.

If we are to help Mr. Shabalala, who has practically screwed himself to death (and infected his wife with HIV, private, voluntary charity is the mightiest, most moral, and most efficient way to do so.

Bush’s legacy on this front is to have gone from preaching “trade not aid,” to instituting trade tariffs, and increasing U.S. foreign aid during his unfortunate tenure many times over. Where Bush has certainly innovated is by tying new spending to his terrorism-fighting strategy, thus ending for good the debate on the corrupting effects of foreign welfare, since anything that ostensibly fights terrorism is sacrosanct.

Diablo’s Birthday

Constitution, Federalism, Political Philosophy

“Feb. 12 ought to mark the birthday not of an American icon, but of a man whose name should live on in infamy. If Americans want to reclaim their moral character as a nation, they will have to confront and denounce ‘The Real Lincoln,’ who carried out a violent constitutional revolution (instead of pursuing peaceful emancipation like every other nation did), a revolution, which, in turn, sired the modern imperialist, interventionist and highly centralized American State.

Let’s imagine, as the Lincoln-louts claim, that the Constitution ratified in 1788 forbade peaceful secession and authorized the federal government, which was supposed to have limited powers delegated to it by the people, to invade and occupy any seceding state, declare martial law, subdue the secessionists by force, burn and ransack entire cities, and then establish a military dictatorship over those states for a dozen years.

Let’s pretend that it was constitutional to intentionally wage war on civilians, blacks included, to imprison without trial thousands of Northern citizens, jail, even execute people who refused to take a loyalty oath to Lord Lincoln, shut down hundreds of opposition newspapers, incarcerating editors and owners, and generally suspend the Bill of Rights, the writ of habeas corpus and international law.

If it endorsed, or even accommodated what Lincoln did, including his ignoring of the Ninth and Tenth Amendments, and his violating of the Second, then the Constitution is categorically evil and self-contradictory.”