Category Archives: libertarianism

Democracy And The Immigration Political Steamroller

Constitution, Democracy, Elections, Federalism, Government, IMMIGRATION, libertarianism, States' Rights

The essence of democracy is Jean-Jacques Rousseau’s “general will,” a “national purpose” that must be implemented by an all-powerful state. “Democratic voting is done, not only to select officials but also to determine the functions and goals and powers of the government,” writes legal scholar (and friend) James Ostrowski. “The guiding principle of republics is that they exercise narrow powers delegated to them by the people, who themselves, as individuals, possess such powers.”

James Madison was not a democrat. He denounced popular rule as “incompatible with personal security or the rights of property.” Democracy, he observed, must be confined to a “small spot” (like Athens). Madison and the other founders attempted to forestall democracy by devising a republic, the hallmark of which was the preservation of individual liberty. To that end, they restricted the federal government to a handful of enumerated powers.

Decentralization, devolution of authority, and the restrictions on government imposed by a Bill of Rights were to ensure that few issues were left to the adjudication of a national majority.

When you consider every bit of legislation written by our democratically elected despotic lawmakers—the “Border Security, Economic Opportunity, and Immigration Modernization Act (S.744),” for example—contemplate the words of Benjamin Barber:

It is hard to find in all the daily activities of bureaucratic administration, judicial legislation, executive leadership, and paltry policy-making anything that resembles citizen engagement in the creation of civic communities and in the forging of public ends. Politics has become what politicians do; what citizens do (when they do anything) is to vote for politicians.

And where, pray tell, in the immigration tyranny is the Tenth-Amendment Center? Its scholars used to advocate for the right of the residents of the states to determine how they lived their lives. Unless I am doing him a disservice—in which case I apologize profusely—the last time Michael Boldin applied the Tenth Amendment creatively to the political steamroller that is immigration was when he distinguished between immigration and naturalization in 18th century nomenclature, back in … April 28, 2010.

Has the Tenth Amendment Center fallen to the Beltway bigwigs of the Cato Institute?

Join the conversation on my Facebook page.

‘The Republic Has Been Lost. It Is Now A Dictatorship’

Barack Obama, Constitution, Fascism, Intelligence, libertarianism, Liberty, Natural Law, Terrorism, The State

It’s plain as day. Last “Thursday morning,” Judge Andrew Napolitano has written, “we learned that the Republic has been lost.”

We learned, according to published reports, that the Obama Department of Justice, the same folks who improperly seized emails from Fox News and telephone conversations from the Associated Press, has nearly half of all adult Americans in its cross hairs.
We learned that the DoJ sought a search warrant for every phone call of every customer of Verizon in the United States, without showing evidence of guilt against anyone.
Verizon reports that it has 113 million customers and handles one billion telephone calls in America every day.
Since at least April 25th of this year, every one of those calls had the names of the callers and all persons on the calls, their telephone numbers, their locations, and the length of the calls identified and sent directly to the National Security Agency–America’s domestic spies–on a daily and an on-going basis. …
The Constitution doesn’t trust them. We have not seen as broad and wide and deep a violation of the Fourth Amendment in our history. But thanks to the Patriot Act–that’s the Bush-era statute that lets federal agents write their own search warrants in blatant violation of the Fourth Amendment–the feds went to a secret court and asked and received a warrant unknown to history and unheard of in its scope to monitor the behavior of nearly half the nation; and they did so without telling us.
…President Obama, who must have approved of this, Attorney General Holder, who must have authorized it, and U.S. District Court Judge Roger Vinson who signed an open-ended search warrant ordering it are so blind to personal liberty in a free society that they are unworthy to hold their offices.

AND on the genesis of a naturally illicit law:

When British soldiers were roaming the American countryside in the 1760s with lawful search warrants with which they had authorized themselves to enter the private homes of colonists in order to search for government-issued stamps, Thomas Paine wrote, “These are the times that try men’s souls.” The soul searching became a revolution in thinking about the relationship of government to individuals. That thinking led to casting off a king and writing a Constitution.
What offended the colonists when the soldiers came legally knocking was the violation of their natural right to privacy, their right to be left alone. We all have the need and right to be left alone….
…After 9/11, Congress enacted the Patriot Act. This permitted federal agents to write their own search warrants, as if to mimic the British soldiers in the 1760s. It was amended to permit the feds to go to the FISA court and get a search warrant for the electronic records of any American who might communicate with a foreign person.
In 30 years, from 1979 to 2009, the legal standard for searching and seizing private communications – the bar that the Constitution requires the government to meet – was lowered by Congress from probable cause of crime to probable cause of being an agent of a foreign power to probable cause of being a foreign person to probable cause of communicating with a foreign person.

A Jarring Juxtaposition

Constitution, Ethics, Family, Individual Rights, libertarianism, Ron Paul

Economic Policy Journal juxtaposes Ron Paul and Rand Paul with resepct to what will, one day, be recognized as one of the defining issues of our time: EDWARD SNOWDEN’s whistleblowing bravery.

Ron Paul on Edward Snowden:

We should be thankful for individuals like Edward Snowden and Glenn Greenwald who see injustice being carried out by their own government and speak out, despite the risk.

Rand’s equivocation makes me miss Ron Paul even more. Read it at EPJ.

‘Barack Obama Is The President That Nixon Always Wanted To Be’

Barack Obama, Bush, Conservatism, Constitution, Individual Rights, Law, Left-Liberalism And Progressivisim, libertarianism

As was observed in this week’s column, “Obama’s The Sinner; Holder His ‘Sin Eater,’” Professor Jonathan Turley has been doing the job most liberals and conservatives refuse to do: Argue that, as I put it, “Barack Hussein Obama’s philosophical fingerprints are all over his administration” and its scandals.

Turley has been magnificent, and must be losing many of his liberal pals for refusing to worship at the alter of Obama.

In March this year, Turley made the case, in a USA Today column, that “Barack Obama is the president that Nixon always wanted to be,” and that, “In 2013, Obama wields those very same powers openly and without serious opposition. The success of Obama in acquiring the long-denied powers of Nixon is one of his most remarkable, if ignoble, accomplishments.”

Turley traverses the ugly terrains of Obama’s expansion of the “warrantless surveillance” over his subjects. There is little you can do to oppose such surveillance, thanks to BHO.

As has Obama asserted “his sole authority” “to decide what is a ‘war,’” so that even the cockroaches in congress can no longer control the imperial presidency in the matter of war powers.

Then there are the “attacks on whistle-blowers and Journalists.” This is quite remarkable, but under the Espionage Act of 1917, “Obama has brought twice as many such prosecutions as all prior presidents combined.

Obama has not only openly asserted powers that were the grounds for Nixon’s impeachment, but he has made many love him for it. More than any figure in history, Obama has been a disaster for the U.S. civil liberties movement. By coming out of the Democratic Party and assuming an iconic position, Obama has ripped the movement in half.

This Turley interview with film maker John Cusack is particularly good because so specific.

TURLEY: “That’s exactly right. In fact, President Obama has not only maintained the position of George W. Bush in the area of national securities and in civil liberties, he’s actually expanded on those positions. He is actually worse than George Bush in some areas. …”

MORE.

What a shame that in the universe of a civil libertarian like Turley, individual rights do not extend to the sphere of economics and property rights. That would mean becoming a libertarian. How about that? (See also “Obama And Bush: Partners In Government Giganticism.)