Category Archives: libertarianism

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.

Libertarian Feminists Make A Move On Von Mises

Gender, History, libertarianism, Private Property, Reason, Socialism

“Libertarian Feminists Make A Move On Von Mises” is the current column, now on WND. An excerpt:

“As I paged through the dog’s breakfast of an essay titled “The Feminism of Ludwig von Mises,” I found myself wondering:

What does midwifery have to do with Mises? Both find their way into the stream-of-consciousness non sequiturs that is the article. I suppose midwifery is an occupation dominated by women. Mises was an old-fashioned, European economist whose legacy women are attempting to occupy. That must be it!

Incidentally, naming the solipsistic feminists (a redundancy, I know) who’ve made a move on the Austrian-School economist is unnecessary. “Avoid naming names when dealing with marginal characters,” I was once instructed by a veteran journalist, who was responding to a devastating critique I had penned in reply to some self-important, insignificant sorts. Joseph Farah e-mailed one of his lacerating missives: “Good job. But who the hell are these people? Their arguments are of a piece with Yasser Arafat’s. Next time, tackle the Arafat argument instead,” he admonished.

Alas, “The Feminism of Ludwig von Mises” is devoid of argument to tackle. From the fact that Mises taught and mentored capable lady scholars, the FEE.org* feminists have concluded that the Austrian-School economist “actively promoted the interests of women in academia” and “saw women intellectuals in Vienna as an undervalued human resource.” …

… Indeed, it takes a degree of provincialism unique to our country’s feminists to claim that a European gentleman, born in Austria-Hungary in the late 1800s, was one of them—a rib from the feminist fraternity’s ribcage. This writer grew up in Israel at a time when quite a few elderly, highly educated Austrian gentlemen were still around. Grandfather, a master chess player, hung out with these men in Tel-Aviv chess clubs and cafés. Having actually encountered this creature in his natural habitat, I put this to you, gentle reader:

The proposition that Ludwig von Mises was a feminist is an apodictic impossibility. …

Read on. The complete column is “Libertarian Feminists Make A Move On Von Mises” now on WND.

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Comments On ‘Higher Education Is A Hard Row To Ho’

Education, Family, Feminism, Gender, libertarianism, Military, Morality, Ron Paul, Sex

Boundaries protect kids. Passing judgment is a very good thing indeed.

Here are replies to comments on EPJ, where “Higher Education Is A Hard Row To Ho” has been posted:

WRITES Nick Badalamenti, March 14, 2014 at 12:41 PM

“That’s private. Only for you to see and touch. To do that, you have to go to your room and close the door.”

That validates that my response to my four young girls, which has been almost identical to yours when they get curious about their privates- Thank you!

ILANA:

Glad, Nick. The thought of exposing these little kids to the corruption of full-on sex-ed (rampant in all schools, private too) is frightening. Kids show a fleeting interest. It’s not a signal to bombard them with the proverbial condoms, HIV-ed, the glories of diverse sexuality, etc. Let them be babies. At this age, they need to understand what is private and what is proper social behavior. That response conveyed both respect for the child’s person and for society’s codes of conduct (you don’t want your kid touching self in front of your guests—or imperiling herself with what some perv might take as lewd conduct). Boundaries protect kids.

Anonymous March 14, 2014 at 1:49 PM

A few things came to mind when reading this:

1) Ron Paul was a military doctor.

2) “Indeed, daddy’s girl is an open book. We know what the 18-year-old does and that she does it for the love of it.” Regardless that she also happens to enjoy it, didn’t she say she’s doing this to raise money for tuition?

3) I feel like the 2 comments below are pretty judgmental on your part. Isn’t the idea of freedom of speech that people are free to comment on things that the average person disagrees with? As Ron Paul said (paraphrasing) “we don’t have freedom of speech to talk about the weather”

“As corrupt as Miriam’s morals are, better to have been a ho for sale than a mercenary for Uncle Sam.”

“Thankfully, this writer’s adult daughter has never delivered so imbecilic a soliloquy and has taken care to be discreet about her private life.”

-Kevin

Reply

Anonymous March 14, 2014 at 4:33 PM

1) Ron Paul was drafted
2) So you are against speech that is judgemental?

Anonymous March 14, 2014 at 4:47 PM

Just as I suspected – you had no comeback for my 2nd point!

As far as your point on Ron Paul being drafted – Fair enough, though I guess one could argue that Dr. Paul could’ve tried to be a “conscientious objector” (though maybe he did try?)

On your point “so you are against speech that is judgmental?” – Nope. To be honest, I only mentioned it because clearly the point of the article was to talk about the liberty aspects of this story rather than the author’s opinion of right and wrong. In other words, saying her morals are “corrupt” adds nothing to the main point.

-Kevin

ILANA:

Anon: I’m not quite sure who’s who in the comments above, but, yes, Ron Paul was drafted. However, even if his military service were voluntary, from the fact that Dr. Paul served Uncle Sam it doesn’t follow that it is right, or that we all must support such service. I thought libertarians were supposed to be skeptical of ALL politicians, even the good ones.
Point # 2 about judgment is spot on (whoever made it). Why reach for the smelling-salts when you encounter judgment, as liberals do? Judging means to discern; “the formation of an opinion after consideration or deliberation.” The human species would not have survived so far if not judgment.
As to the comment about, “the point of the article was to talk about the liberty aspects of this story rather than the author’s opinion of right and wrong.” The point of the article is to talk about the points in the article, not only what is legal or illegal in libertarian law. Why the queasiness about the moral judgment in the column?

March 14, 2014 at 6:45 PM