Category Archives: libertarianism

Why The Land Belongs To Bundy

Justice, libertarianism, Natural Law, Private Property, States' Rights, Taxation, The State

The current column, now on WND, applies the doctrine of natural law and Lockean homesteading to explain “Why The Land Belongs To Bundy.” (Cliven Bundy is the farmer from Nevada who is “in mutiny against the federal government”) The essay exposes “both political factions” for “siding with the state and against natural law,” and explains why, ethically and logically, there is no such things as “government grass.”

Here’s a short excerpt from the (middle of) the essay:

NO SUCH THING AS ‘GOVERNMENT GRASS’

Unlike the positive law, which is state-created; natural law in not enacted. Rather, it is a higher law—a system of ethics—knowable through reason, revelation and experience. “By natural law,” propounded McClellan in “Liberty, Order, And Justice,” “we mean those principles which are inherent in man’s nature as a rational, moral, and social being, and which cannot be casually ignored.”

Tamara Holder, another Democrat, grasps the natural law not at all. “Can I go into your house and steal stuff; can I trespass onto your land?” she hollered at Sean Hannity. Holder, of course, was implying that the disputed land belonged to the state and was as good as the government’s house.

In siding with the heroic homesteader against the BLM, Mr. Hannity’s heart is in the right place. He and Fox News colleague Greta Van Susteren probably staved off a Waco-style massacre, in Bunkerville. When the militarized BLM, SAWT teams and all, trained sights on the Bundy family and their supporters; the two turned the cameras on the aggressors, who then retreated.

In the course of butting against buttheads like Holder, however, Mr. Hannity has refused to engage his head. (The anchor, moreover, is performing no public service when he gives this and other prototypical TV tarts a platform from which to spread ignorance.) Ms. Holder: the government doesn’t have a house. There is no such thing as “government grass”! Not in natural law. Government cannot morally claim to own “public property,” explain Linda and Morris Tannehill, in “The Market For Liberty.” “Government doesn’t produce anything. Whatever it has, it has as a result of expropriation. It is no more correct to call the expropriated wealth in government’s possession property than it is to say that a thief rightfully owns the loot he has stolen.”

Then there is the matter of logic. “The public” is an abstraction. In logic, an abstraction cannot possess property. To borrow from libertarian political philosopher Murray Rothbard, “There is no existing entity called ‘society’—there are only interacting individuals.” To say that “society” should own property in common is essentially to say that “government bureaucrats” should own property, in our case, at the expense of the dispossessed homesteader. …

… Read the complete essay. “Why The Land Belongs To Bundy” is now on WND.

‘Putin’s Libertarians’

Foreign Policy, libertarianism, Ron Paul, Russia, The State

The proper libertarian foreign policy, in my opinion, is without the slobbering sentimentality adopted by many libertarians toward the putative push for freedom across the Middle East and beyond. Whomever—and wherever—they are, I wish freedom fighters well, but they’re on their own. Americans have their own tyrants to tackle. We no longer want to defend to the death borders not our own. I’ve promised, moreover, that when liberty deprived peoples the world over support patriots stateside (such as the Hage and Bundy families), I’d return the courtesy. It’s safe to say, however, that the world’s statists do not care about American liberties.

Not all libertarians share my detachment. Via my friend Yuri Maltsev comes another perspective on Ukraine (to which I’ve not devoted a second thought since penning “Presstitute-Cultivated Ignorance On Ukraine”). Yuri himself has written the following:

I am glad that there is a growing opposition to Putin’s regime in Russia itself. The list of eminent Russian intellectuals against aggression in Ukraine is much longer than those confused libertarians who support “Russian national interests” (Mises and Hayek would detest such an expression). …
There is nothing libertarian in the neo-Stalinist Putin’s regime. Stalinism is an exact opposite of freedom. It is the same as to embrace Hitler just because he disliked FDR. Enemy of my enemy is not necessarily a friend . . . I think that socialists Timoshenko and Yushchenko [the Orange revolution politicians elected after mass protests in 2004] squandered Ukrainian prospects for freedom and prosperity and should be blamed for that, but the alternative (Putin-Yanukovich) proved to be way more disgusting.

Youri’s recommended analysis is “Putin’s Libertarians” by Roman Skaskiw. Excerpts:

… I have been horrified by the libertarian coverage of events in Ukraine. Much of it has been such an uncritical parroting of Kremlin propaganda, so devoid of journalistic integrity, and such a betrayal of libertarian principles, that I can’t decide whether the authors, many of whom I’ve long admired, suffer a bias toward contrarian narratives or are on the Kremlin payroll. …

Paul Craig Roberts attempted to de-legitimize Ukraine’s protests by praising the now-deposed Yanukovych regime and turning a blind eye to its barbarity. His praise includes the term “human-rights trained Ukrainian police”, this after the police had begun kidnapping injured protesters from hospitals. One such protester, Yuriy Verbytsky, a seismologist from the Geophysical Institute in Lviv and mountain climber was injured in the protests, hospitalized, kidnapped from the hospital, severely beaten, and left in the woods where he froze to death. “Human-rights-trained” police do not strip and humiliate captured protesters in -10 C degree weather.

The corruption and savagery of Ukraine’s police is neither secret nor new. Last summer, police stepped aside during a violent raid against the business interests of opposition politician. The business manager was later assassinated. This sort of corporate raiding has been fairly common, though most victims quietly give up their businesses without a fight. There was also this story of policemen connected to the Party of Regions raping a young woman and going free until a rioters sacked the police station, it was a tragic repeat of a brutal rape-murder that happened the year before, also by politically connected persons who were also released by Ukraine’s “human rights trained” police.

It’s one thing to oppose intervention. I’ve done so myself. It’s another to mischaracterize the barbarity of the Yanukovych regime in an attempt to discredit the uprising against it.

Daniel McAdams, executive director of the Ron Paul Institute for Peace has made the libertarian circuit — lewrockwell.com, the Tom Woods Show, the Scott Horton Show, and of course, RT. He makes a number of ridiculous claims, including the argument that the Russian military already had free reign in Crimea: “How can you annex and invade a territory in which you are already legally present?”

I really don’t know what to make of this. Can anyone help me? I find it equally unlikely that he is this disconnected from reality or that he is deliberately spreading disinformation. Are there other explanations? …

MORE.

UPDATED: Land, Liberty And The Federal Occupier (Naturally, Positive Law Understates Natural-Law Violations)

Individual Rights, Law, libertarianism, Media, Natural Law, Private Property, Regulation, Taxation, The State

Other than Fox New, which probably staved off a Waco-style massacre in its vigilant reporting, US presstitutes have been silent about Cliven Bundy’s heroic confrontation with the federal occupier. Before him came the Hage family, another family of great Americans, whose travails were featured on “Fox News Reporting: Enemies of the State.” What inspiring individualists.

Kudos to Canada Press for “shining truth on government ranch invaders,” and thus broadcasting from the rooftops about one of the most monumental confrontations against federal tyranny to have taken place since Edward Snowden and before him:

Coming clearly through the throbbing of helicopters and the roar of the SUVS of the feds harassing the Cliven Bundy Ranch, patriots there for Bundy should “tell it to the judge”.

There is mainstream media-suppressed case history in Nevada the feds are desperately trying to keep under wraps.

Chief Judge Robert C. Jones of the Federal District Court of Nevada smacked down high-handed, abusive feds, sending the pretend cowboys riding roughshod over Western ranchers and property owners back to their cobweb-laced offices in 2013.

In spite of their 200 armed snipers with boy toys in tow, those Stetson-wearing feds hunkering down on Cliven Bundy’s Ranch are nothing more than a bunch of cowardly ‘cobweb cowboys’ doing duty for radical environmentalists.

In the upheaval of Bureau of Land Management bureaucrats caving in fear to the radical environmentalists of the day, the Rule of Law still works in court, and everyone of those feds brandishing weapons knows it down at heart.

“The court case, U.S. v. Hage, has been keenly watched by legal analysts and constitutional scholars—but has been completely ignored by the major media.”
(New American, June 3, 2013)

“As we reported last November (”Judge Blasts Federal Conspiracy; Ranch Family Vindicated — Again!”), in June 2012, Judge Jones had issued a scorching preliminary bench ruling that charged federal officials of the U.S. Forest Service (USFS) and the Bureau of Land Management (BLM) with an ongoing series of illegal actions against Nevada rancher E. Wayne Hage that the judge described as “abhorrent” and a literal, criminal conspiracy.??“Judge Jones said he found that “the government and the agents of the government in that locale, sometime in the ’70s and ’80s, entered into a conspiracy, a literal, intentional conspiracy, to deprive the Hages of not only their permit grazing rights, for whatever reason, but also to deprive them of their vested property rights under the takings clause, and I find that that’s a sufficient basis to hold that there is irreparable harm if I don’t … restrain the government from continuing in that conduct.”

No cowpoke cuss could ever transcend what Judge Jones openly called feds invading ranch land.??“In fact, Judge Jones accused the federal bureaucrats of racketeering under the federal RICO (Racketeer Influenced and Corruption Organizations) statute, and accused them as well of extortion, mail fraud, and fraud, in an effort “to kill the business of Mr. Hage.”

Judge Jones bottom-lined what the government is doing to ranchers and property owners—end of chapter!

He, and likely other federal court black robes, know that the mainstream media goes into overdrive in trying to keep the truth from the masses.

Tragically, Fed-harassed rancher Wayne Hage was vindicated three years after he died. (Capital Press, Dec. 8, 2009).

While no one (mercifully) has died on the Bundy ranch—yet—the stories of Bundy,—-Hage, Wally Klump and others are a disturbing match.

“In a previous court decision, Senior Judge Loren Smith referred to the well-publicized Hage lawsuit as “a drama worthy of a tragic opera with heroic characters.”

“A federal judge has added $150,000 to the original $4.22 million judgment won by the estate of rancher Wayne Hage in a years-long battle over property rights.

“The federal government had asked Senior Judge Loren Smith to throw out the judgment. Instead, he increased it.

“Hage, a leader of the “Sagebrush Rebellion” against federal control of land, was the husband of former Rep. Helen Chenoweth-Hage, R-Idaho. They both died in 2006.

“The order is the most recent victory in a legal dispute that stretches back to 1991, when Hage filed suit against the government for taking his private property without just compensation.

“Hage’s 7,000-acre ranch in Nye County, Nev., bordered several allotments in the Toiyabe National Forest on which he built fences, corrals, water facilities and other rangeland improvements for cattle grazing.

“Tensions began to mount between the rancher and the U.S. Forest Service in the late 1970s, when the agency permitted the introduction of elk to the national forest, resulting in damaged fences and scattered cattle, according to court records.

“Over the next decade, other incidents aggravated the strain and eventually led to the lawsuit.

“According to court documents, the Forest Service excluded Hage’s cattle from forage and water in certain allotments, impounded animals that entered those allotments and prevented him from maintaining ditches needed to exercise his water rights.

“In his legal complaint, Hage claimed the agency had breached its contractual obligations and violated his constitutional rights.

“During the course of litigation, the U.S. Court of Federal Claims decided the Forest Service could legally prohibit grazing on the allotments without compensating Hage, since grazing permits are licenses and not contracts.

“As such, the impoundment of cattle was not an unconstitutional taking because the cattle had trespassed on government land, the court said.

“However, the court ruled that the agency had taken Hage’s water rights, ditch rights-of-way, roads, water facilities and other structures without just compensation and in 2008 ordered the government to pay him $4.22 million.

“The federal government asked the court to change or set aside the financial compensation, alleging there’s no evidence Hage actually built hundreds of miles of fences, trails, ditches and pipelines on the allotments.

“Under the law, Hage would qualify for compensation only if he had built the structures, the government said.

“Because his grazing permits only authorized Hage to maintain the structures, he was not entitled to their full value, the government said.

“The judge disagreed.

“In the context of the grazing permits, “maintenance” included placing or construction, he said in the most recent ruling.

“The government’s argument “cannot be squared with the language of the statute and the reality of range work and construction,” Smith said.

“In adding more than $150,000 to the award, the judge ruled that his previous decision had mistakenly omitted the value of ditches and pipelines taken by the government.” …

READ ON.

UPDATE (4/14): NATURALLY, POSITIVE LAW UNDERSTATES NATURAL-LAW VIOLATIONS. Of course Judge Andrew Napolitao is understating the violation of homesteader Cliven Bundy’s rights by the Bureau of Land Grabs. That’s because the Judge’s analysis is not from natural law, “the body of laws derived from nature and reason,” but from the positive law, which is “statutory man-made law, created through the state.” Still, Nap is better than most:

Napolitano characterized the resistance shown by Bundy supporters as a clear example of how Americans feel, “enough is enough with the federal government, we’re drawing a line in the sand right here – and it drew people from all around the country who basically said ‘quit your heavy handed theft of property and act like you’re a normal litigant and not God almighty’.”

MORE Nap.

Comments Off on UPDATED: Land, Liberty And The Federal Occupier (Naturally, Positive Law Understates Natural-Law Violations)

UPDATED: V-Day For Vagina-Centric Libertarians? Not So Fast. (‘Brutality’ Alert)

Feminism, Gender, libertarianism, Liberty, Paleolibertarianism, Political Philosophy, Pseudo-intellectualism

At EPJ, where “V-Day For Vagina-Centric Libertarians? Not So Fast” is now published, Lila Rajiva and myself exchange opinions about whether I was right or wrong to avoid naming the individuals discussed in the column.

Lila Rajiva March 28, 2014 at 12:37 PM

I think we should be truthful. She and Tucker ARE widely published so what’s the point of saying they are non-entities?

They are not. It just makes you sound as over-emotional as they are.

That was one thing with which I disagreed in this otherwise excellent piece.

Dispassion and professional standards entail that when you read someone, you should cite them. Leave “vanishing” people to the state and to propagandists and hypesters.

Reply
ILANA MERCER March 28, 2014 at 2:18 PM

Respectfully, you’re wrong. You are looking at this storm in a C-Cup from the insular world of the libertarian. My piece was written for a wider audience. Good or bad, the bigger picture is that the two alluded to are insignificant, the one more so than the other. The one has the run of a publishing house, and, unethically in my opinion (as it involves a conflict of interest), uses the imprint to publish some of his own books. Yet these books have hardly any buyers (Amazon rank #649,120). My contention that in the bigger picture these people are unknown entities is correct. The female of the duo is certainly a non-entity. Given her aptitude, no matter how well promoted she is, and no matter how much she suctions face to camera, she will never muster an opinion or an analysis that isn’t second-hander material. She’s not working with much. To properly gauge the significance of these two one has to exit the libertarian orbit. Thus, addressing non-entities by name is unnecessary in a piece meant for popular consumption. On this topic, my dear friend and mentor, the influential and talented Walter Block, demeans himself and his stature by constantly addressing nobody bloggers by name, rather than just dealing with their arguments, to the extent these sorts make these.

Reply
Lila Rajiva March 28, 2014 at 2:40 PM

@Hi Ilana,

I agree with you in the wider world. But, in the wider world, since they are unknown, they don’t need to be rebutted at all.

However, in terms of libertarian in-fighting, everyone knows who Tucker is…

Still, it was an excellent piece. I am sick of this waving of the V. I actually thinks it’s some kind of propaganda offensive that began in 2012 with Naomi Wolf’s book.

Get us to talk, one way or other, about genitals all the time. Mainstreams the stuff, like the Lewinsky trial did.

Reply
ILANA MERCER March 28, 2014 at 3:16 PM

I see what you’re saying, Lila. As expected, we both make valid points. “Respec,” as Ali G. would say.

Ms. Rajiva is funny in the comment below. A woman with a sense of humor. Wicked (or “brutal”). Lila has to admit, though, apropos our exchange above, that the “brutal” wordplay (or swordplay) on this and other libertarian sites is an example of “inside baseball.” Everyone on here knows what is being mocked. But few outside our orbit will understand. This goes to my point about not needing to name names when addressing a wider audience.

Lila Rajiva March 28, 2014 at 10:15 AM

I think it’s grossly BRUTALIST and a violation of the civil rights of Tucker, Reisenwitz & the rest
to pit one whole Mercer in full throttle against them.

It’s downright violent and violence will not be tolerated… unless we’re for it.

I call for UN sanctions, economic sanctions (no more blintzers for you, Ms. Mercer), and carpet-bombing…..

Let the humanitarianism begin…..

UPDATE: VIA FACEBOOK:

David Colpo writes:

If the names of writers obscure to the general population aren’t worth publishing, then why bother refuting their equally obscure arguments to that same audience?
59 minutes ago · Like

Ilana Mercer replies:

David Colpo, b/c I care about truth and reality. And as a libertarian I care about Mises. I care about libertarianism. I don’t care for–or about—the people who are trying to make libertarianism appealing to throngs of bimbos by lying about white, old men in order to make them palatable and politically correct. As if, there was anything wrong with Mises the way he was.