Category Archives: Private Property

Who You Gonna Call? Oath Keepers

Business, Free Markets, GUNS, Judaism & Jews, Private Property

If there’s something strange
in Ferguson
Who you gonna call?
Oath Keepers!
adapted from Ghostbusters

Sam Andrews, “Yale-educated attorney and former army paratrooper,” is the heroic founder of “The Oath Keepers,” which “claims to have active chapters in all 50 states, as well as an estimated 40,000 members – which,” according to Yahoo News, “would make it one of the fastest growing far-right organizations in the world.”

Sam and his merry men rescued damsel-in-distress Natalie DuBose, proprietor of “Natalie’s Cakes and More,” which “was broken into and looted” in Ferguson.

“I didn’t have the extra savings or extra money to replace everything that was destroyed,” she told ABC News following the vandalism. “The threat of not being able to take care of your children makes you feel like less than a human being.”
DuBose’s story caught Andrews’ attention. He was watching the news at home 40 miles away.
“I can’t even imagine a governor that would leave a woman like this and her business to burn, like they did,” Andrews said. “But I value this woman as much as anything I’ve ever seen in my life.”

“Dressed in full camouflage and armed with an assault rifle and handgun – [Sam] climbs to the roof of a dentist’s office to begin his nightly surveillance. … the Oath Keepers …is … taking up armed positions on the streets and rooftops with the intent of protecting local businesses.”

He says he’s here to defend “the best part of America, the creative part, the small businesses, the hardest working people in the United States of America. To defend them from arson.”

Oath Keeper Sam Andrews sounds right, not far right, as Yahoo “News” would have it.

… What separates the Oath Keepers from other militia groups is that they recruit men and women of the military and law enforcement – vowing to disobey “unconstitutional orders” from what the group sees as an increasingly tyrannical president and government.

But what do you know? More often than not, the police is not on the side of private-property owners and their protectors.

St. Louis County Police declined an interview with ABC News, but confirmed that it is investigating whether the Oath Keepers are breaking the law by providing security without a license.

This must lead one to a sneaky suspicion that with government controlled law-enforcement, serving and protecting private property is secondary to monopolizing the production of defense.

St. Louis County Police has an illiberal partner in who else but the “Anti-Defamation League Center on Extremism.” It “called the Oath keepers an ‘extremist, anti-government group.’”

What’s new?!

“Everything that they say [they] stand for is based on this notion that the world and the government is going to become a dictatorship to try to prevent Americans from having their freedoms,” said director Oren Segal.

Blah, blah, blah.

Aaron Swartz: Parasites Have the Power To Kill The Host

Government, Human Accomplishment, Intellectual Property Rights, Liberty, Private Property, Technology

Aaron Swartz got too big for his boots, so the government decided to make life unbearable for the gifted young man, who had created more value for shareholders and customers when just a kid in short pants than any of the nogoodniks who prosecuted him. Yeah, freedom baby.

US media tries to forget the late Mr. Swartz . RT has not:

Swartz was a 26 year-old information transparency activist, who took his own life nearly two years ago, having faced a standoff with the government.
When he was just 14, tech prodigy Swartz helped launch the first RSS feeds. By the time he turned 19, his company had merged with Reddit, which would become one of the most popular websites in the world.
But instead of living a happy life of a Silicon Valley genius, Swartz went on to champion a free internet, becoming a political activist calling for others to join.
Swartz drew the FBI’s attention in 2008, when he downloaded and released about 2.7 million federal court documents from a restricted service. The government did not press charges because the documents were, in fact, public.
He was arrested in 2011, for downloading academic articles from a subscription-based research website JSTOR – at his university – with the intention of making them available to the public. Although, none of what he downloaded was classified, prosecutors wanted to put him in jail for 35 years.

Related: “MIT and the Prosecution of Aaron Swartz.”

UPDATED: Lite Libertarians & Fracking: ‘Progress’ Over Private Property (The Cornerstone Of Civilization)

Economy, Environmentalism & Animal Rights, libertarianism, Private Property, Technology

Lite libertarians—who always put “progress” above private property—just love fracking, the colloquial for “hydraulic fracturing” for natural gas. The great John Stossel has extolled the merits of fracking in his columns and broadcasts. Myself, I don’t know enough about “the drilling method that uses water, sand and other additives to expand fissures in underground rocks to free oil or natural gas trapped within them.” But I do know about the natural right to private property.

A legalistic ploy like the “split estate,” whereby “the right to develop oil or gas deposits is severed from the surface”—in other words, you own only the land surface, not the minerals below the surface—amounts to a lien on private property. Unless, of course, the “split estate” arrangement is clearly specified in the property deed of sale. Namely, “A” sells the land to “B,” under the condition, specified in a contract, that “A” retains rights to what’s underground.

Currently, some fracking operations are set up on the private land of hapless owners, who either did not know that “mineral rights had been sold off long before” their acquisition of said land. Or, could “still be forced to allow gas mining [on their land], if a majority of [their] neighbors sign leases with drillers.”

“Thin libertarians” think that generally approving of all technology makes them forward-thinking and ever-so hip. However, contra the angle mined by Mr. Stossel and his philosophical kin, the central problem with fracking is that it is done, for the most, in violation of homesteader, private-property rights.

By granting permits to allow vertical penetration of someone’s land with heavy equipment, state lawmakers are screwing the landowner out of his rightfully owned land and the privacy, peace and tranquility he is entitled to on that parcel of land.

Clearly the problem with grants of mineral rights by state or federal lawmakers is that these grants of privilege by government, local or federal, violate the landowner’s natural rights of private property.

UPDATE: In answer to the Facebook thread:

* Neighborhoods could also form a neighborhood association whereby buying into the community came with either a fracking permit or a ban on the practice.

* Reminder: The post is not about “fracking,” but about property rights, the cornerstone of libertarianism—and civilization itself.

Comments Off on UPDATED: Lite Libertarians & Fracking: ‘Progress’ Over Private Property (The Cornerstone Of Civilization)

South Africa: Made-In-America Constitutional Tyranny

America, Constitution, Private Property, South-Africa

Continued on Barely A Blog is my conversation with South African philosopher Dan Roodt, Ph.D., a noted Afrikaner activist, author of the polemical essay “The Scourge of the ANC,” literary critic and director of PRAAG. (Previous interviews with Dan: “The Elephant In The Pistorius Courtroom” and “Little America At The Tip Of Africa.”)

ILANA MERCER: The Afrikaners still linger as a people, clinging to what Barack Obama would indubitably deride as their Bibles, their guns and their bigotries. Dubbed the white tribe of Africa, this organic nation has, however, ceased to exist as a nation-state, dissolved by democratic decree. The sundering of state sovereignty has, in turn, exposed Afrikaners to ethnic cleansing, a familiar feature of democracy a la Africa. You once remarked that the tale of this negotiated betrayal has yet to be told. “Into the Cannibal’s Pot” tells something of how Mandela’s ANC said “No” to minority veto power, power-sharing, or any meaningful devolution of power to the regions of South Africa. Its wish was the command of power-brokers in Britain and America. Do elaborate. What role did the US play in compelling South Africa’s permanent minority “to legislate itself into a permanent position of political subordination” (to quote Duke University’s Donald L. Horowitz)?

DAN ROODT: I have already referred to US economic sanctions imposed on us at the behest of the Black Caucus in your Congress, supported by the Republican Party. Under current conditions there will be no White Caucus in the USA stepping in to force our government to accord us the right of self-determination, to be free of racial-preference in hiring and in business, will there? Baron Robin Renwick of Britain also made sure that he stripped the white minorities of the ex-Rhodesia and South Africa of all political and military power. Even in areas where we are in the majority, we cannot even influence local, municipal politics.

The problem in South Africa is precisely that we have been destabilized by outside intervention, just like Iraq, Libya, Egypt, Syria and all the other countries. Now the natural balance of power in this country no longer holds and there is a free-for-all for predators. The ANC and their Communist Party allies actually use the term “National Democratic Revolution” for their takeover in 1994 and for all intents and purposes it was a revolution. We needed reform, not revolution. This country would naturally have developed into a federation or confederation, to the benefit of all. Some people were arguing for a complete devolution of power along Swiss lines, with our legal districts being turned into cantons. I still think that would be a way to get South Africa out of the mess it is in, but we lack the institutional or media influence to even argue this in public. The universities also kowtow to the government and no meaningful research will be undertaken on this topic, as there used to be in the past.

I actually popularized the term, first used by J.S. Mill and De Tocqueville, “tyranny of the majority”, in South Africa. You hear that more and more. Here the Western minority – who actually made this country into the jewel of Africa that it is – is constantly subjugated and even punished. The paradox is that the USA gives its own minorities special rights in relation to the majority, but in its foreign policy supports exactly the opposite, a “tyranny of the majority” which flies in the face of classical liberalism.

That is why many Afrikaners these days root for our Cold War enemy, Russia, in international contests. At least Putin seems to care for European minorities, as in Crimea. Many Europeans also think that Putin’s Russia represents the last bulwark against a global, multicultural empire ruled by billionaire oligarchs from Wall Street and the City of London and which will not tolerate nations anymore.

MERCER: “I would not look to the US constitution,” said US Supreme Court Justice Ruth Bader Ginsburg in an interview with Al-Hayat TV. “If I were drafting a constitution in the year 2012, I might look at the constitution of South Africa …” Having studied this wordy but worthless document while writing “Into the Cannibal’s Pot,” I concluded that South Africa’s constitution allows a good deal of mischief for the ostensible greater good. It even has a clause devoted to “Limitation of Rights.” So too is redistributive “justice” a constitutional article of faith therein. And nowhere does this this obese document state whether South Africans may actually defend the most precious of rights. If anything, self-defense can be an offense in progressive South Africa. How well has Ginsburg’s preferred constitution served the endangered Afrikaners?

ROODT: Yes, you are quite right. The South African Constitution is a horrible document, full of platitudes and unnecessary clauses and setting up bureaucracies to supposedly protect us but that have proven either ineffectual, toothless or guilty of anti-white racism. The so-called South African Human Rights Commission, for example, almost invariably singles out whites for attack and does not even respond to complaints laid by members of the Western minority. I a country where the right to life does not seem guaranteed by the state, given the huge number of murders taking place, you would think that the Human Rights Commission would at least admonish government about this dire state of affairs. Alas, no! It is precisely busy sniffing out Orwellian thoughtcrime, speechcrime and harassing authors and bloggers for not being politically correct. In one absurd case, it fined a hair saloon for not doing both Caucasian and ethnic hair – whereas there are thousands of ethnic hair saloons who would never serve a Caucasian customer.

I could well imagine that American liberals could like our constitution, as it has affirmative action built right into it. Most rights enshrined therein are qualified in terms of “rectifying the injustices of the past”, etc., so no right can stand on its own against the universal need for affirmative action and race preferences.

During the very one-sided negotiations or capitulation by FW de Klerk and his chief netotiator, Roelf Meyer, some clauses were inserted, supposedly to placate conservatives, usually to do with language and culture, as well as the right to self-determination. However, these have remained a dead letter and are not applied by the state. At least two bodies supposed to oversee language rights, as well as cultural and religious rights, have at times stopped functioning completely.

As in the USA, litigation in South Africa is expensive and fighting a case through the courts for years up to the level of the so-called Constitutional Court results in frustration most of the time as the court has been packed with ultra-liberal judges who even go beyond what the ANC government would require. In fact, the SA Constitution is an activist judge’s dream.

You must understand that, despite the lack of order, corruption and other hallmarks of African culture, Africans are essentially conservative, holding on to their beliefs within a largely patriarchal society. They also have a fairly direct sense of justice, so if you attack me or steal from me, I kill you. The death penalty is often meted out on the spot by mobs in South Africa who might catch a thief, rapist or murderer red-handed. The majority in South Africa, white and black, support the death penalty for certain crimes. Soon after 1994, however, the Constitutional Court declared the death penalty “unconstitutional” and it was abolished. The same thing happened with same-sex marriage. Africans are mostly homophobic and the majority would never support same-sex marriage if a referendum were held on the issue. Yet the Constitutional Court interpreted the anti-discrimination clauses in the constitution in such a way that it also applied to gays and that was it. We got same-sex marriage and all the women’s magazines started to carry articles featuring married lesbians showing off their brand-new babies after a visit to the nearest sperm bank.

One of the greatest defects of the constitution is that it does not guarantee private property which again is qualified in terms of the “public interest”. Section 25.4.1 states:

… the public interest includes the nation’s commitment to land reform, and to reforms to bring about equitable access to all South Africa’s natural resources.

South Africa has always had a very efficient and precise register of all immovable property in the country and to claim that some land was simply “stolen” as has become the fashion, is simply ridiculous. Yet the constitution has placed all property in jeopardy and there have been almost a 100 000 “land claims”, none of which would stand scrutiny in a court of law but have been processed by the government bureacracy.

Without the constitution, I think we would have had far more protection under Roman-Dutch law and the English common law that have served South Africa for centuries. Also, there would have been no “super court” above all others to which the state so often appeals when the citizens obtain favorable judgements in the normal courts.

MERCER: Other than Hermann Giliomee, author of “The Afrikaners,” I don’t know of a writer in South Africa more insightful than you. Jon Stewart of The Daily Show, however, saw fit to ruthlessly lampoon you. Tell our readers about being ambushed by that smart-aleck, smarmy icon of the American left.

ROODT: Yes, I must say that has been the singular most absurd experience I have ever had and certainly does not say much for the ethics of some American TV interviewers. We spent almost a whole day here near my home filming while they asked me questions like: “Do you feel concerned about your people becoming extinct in South Africa?” Obviously, I would then reply with “Yes” and give some further explanation. Four or five hours later, they would steer the conversation in the direction of “racism” and then ask me: “Do you feel concerned about racists becoming extinct in South Africa?” To that question I would then reply “No” and perhaps say that there are not many more racists in South Africa than in most other places, etc., and that we are actually highly tolerant of non-Western cultures with a magical worldview, strange customs, superstitions and so on.

However, during the final editing, they cut up the lengthy interview completely and presented it in jumbled form, so that where I originally said “no” they would insert a “yes” from another part of the footage. It was all part of a joke, but presented in such a way that I would look like a ridiculous, die-hard “racist” worrying about my fellow racists “becoming extinct”. The meaning was exactly the opposite of what I had said. Afterwards, the episode was also placed on the internet and some of my local and foreign enemies repeatedly posted the link on Twitter, Facebook and elsewhere in a whole campaign to vilify me.

I suppose I could go and sue the Daily Show for libel in a New York court. However, my faith in New York courts being limited, as are my time and energy already being copiously expended on our asymmetrical struggle here, I have not actually pulled the trigger on that one yet.

MERCER: The accusations of racism and other isms you keep getting from haters: I’ve never heard you say anything remotely anti-Semitic. I’m Jewish. You and I are friends.

ROODT: Anti-Semitism is not really an issue in South Africa, and we do not have a Muslim threat as Europe does. Amid all the multicultural conflict between races and cultures here, that is perhaps our one blessing. Personally, I have interesting discussions with both Jews and Muslims – many South African Muslims actually speak Afrikaans very well – so I try not to get caught up in the Middle-Eastern conflict. My only criticism of South African Jews is that they tend to be too liberal! But then I tell myself there are many other liberals too, so one should not generalize.