Category Archives: Private Property

The Con-stitution And The Power To Confiscate

Constitution, Founding Fathers, History, Private Property

“The Con-stitution And The Power To Confiscate” is the current column, now on WND. An excerpt:

Bolstered by the U S. Forest Service, Summit County authorities, in Colo., are scheming on seizing 10 acres of verdant land that belongs to Andy and Ceil Barrie.

The parcel of land is situated within the White River National Forest. The authorities claim the couple’s use of a motorized vehicle on the preserved land risks “damaging the alpine tundra and streams and the habitat of the endangered lynx.”

Since it is the nature of government to “turn a wormhole into a loophole,” the solution sought by the county’s commissioners and attorney general is to confiscate private property under the guise of “open-space” conservation.

On their side—and against the right of private property—the knaves of this Colorado county have a thing even more formidable than the U S. Forest Service: the U. S. Constitution.

Or, dare I say the Con-stitution?

Any discussion about the plight of the Barrie couple must be prefaced by noting the following:

There is no dispute as to the right of government grandees to grab private property.

What remains of some dispute is whether the county has exceeded its authority to steal. For the Constitution gives authorities the right to seize private property for the “common good—that catch-all constitutional concept. Has not the General Welfare Clause, in Article I, authorized all three branches of colluding quislings to do just about anything which in their judgment will tend to provide for the general welfare?

The term for state-sanctioned theft of private property is “eminent domain.” A section of The Fifth Amendment to the Constitution reads as follows: “nor shall private property be taken for public use, without just compensation.”

Understand: Compensating the individual if and when government confiscates his land for the ostensible greater good: that is not what’s so wicked here. Rather, it is that implicit in the Bill-of-Rights clause mandating “just compensation” is the acknowledgement that government has the right to confiscate private property, in the first place. …

Read on. The complete column is “The Con-stitution And The Power To Confiscate,” now on WND.

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Knock-Knock Your Block Off, Whoever You Are

GUNS, Individual Rights, Private Property

“Perhaps this ruling,” writes Vox Day, “will help the police eager to dress up and play soldier to remember that it’s perfectly legal to shoot and kill anyone breaking into your house without warning, even SWAT team members”:

In an astonishing ruling, a Texas grand jury declined to press capital murder charges against a man who shot and killed a law enforcement officer executing a no-knock raid on his home. A Burleson County SWAT team raided the man’s home near Snook on December 19th of last year.

28-year-old Henry Goedrich Magee said he shot and killed Burleson County Sgt. Adam Sowders, 31, because he thought he was being robbed and acted to protect his pregnant girlfriend and children.

“He did what a lot of people would have done […] He defended himself and his girlfriend and his home,” said Dick DeGuerin, Magee’s lawyer. The jury agreed, citing a lack of evidence Magee knew the invader was actually a law enforcement officer, they neglected to charge him despite his being a “cop killer.”

The Blind Spots Of Popular Economic Indices

Business, Economy, Private Property, Regulation

In their methodology, popular economic indices are woefully inadequate, as they take into consideration only a limited number of variables. So while you’ll be risking life, limb and property living in Rwanda, and will struggle with everything from poor infrastructure and limited human capital, to the paucity of potable water and Internet and electrical connectivity—as an entrepreneur, starting a new business there is much easier than in the U.S, in terms of “the number of procedures required, the time spent complying with them and the cost of doing so.”

Via Fox News:

A new study by the World Bank and the International Finance Corp. found that the U.S. ranks well behind countries like Rwanda, Belarus and Azerbaijan in terms of how easy it is for an entrepreneur to start a new business. The U.S. did narrowly beat Uzbekistan, though.
The rankings were included in the organizations’ joint study “Doing Business 2014: Understanding Regulations for Small- and Medium-Sized Businesses.” The annual report, released in October, ranks the relative ease of creating a new business in 189 countries, looking at such measures as the number of procedures required, the time spent complying with them and the cost of doing so, among other factors.
The report found that New Zealand is the easiest place in the world to create a new business. Starting one there requires “one procedure, half a day, (and) less than 1 percent of income per capita and no paid-in minimum capital,” the study noted. New Zealand was followed by Canada, Singapore, Australia and Hong Kong in the top five.
By contrast, the U.S. requires, on average, six procedures, takes five days and requires 1.5 percent of the company’s income per capita.

Still, that it is easier for a start-up to open the business doors in Rwanda, Belarus and Azerbaijan than it is in the U.S. is still a grave indictment of America.

Moreover, and as a friend, the Canadian economist Pierre Lemieux, once pointed out perspicaciously, economic indices ignore a “Century of the State.” “If ‘economic freedom’ is inseparable from the rest of human liberty in a social context (using one’s property to express dissenting opinions, travel, have sex, grow marijuana, store one’s firearms, raise funds from “public” investors, etc.), the freedom indexes are off the mark”:

This explains why some countries ruled by hard tyrannies (as opposed to the soft, Tocquevillian brand we know in the West), where nobody in his right mind would want live except to make a buck as a privileged foreigner or a member the local nomenklatura, make it to the top of the list. Who would want to live in Hong Kong (ranked 1st of 151 countries in the HF/WSJ index), that is, under one of the worst tyrannies on earth, and so much so for its very efficiency? Who would want to be a peasant under other Asian tyrannies like Singapore (ranked 2nd)?

The selective definition of economic freedom also explains why the indexes show growing economic freedom while everybody who lives in the real world must know that the 20th century, rightly described by Mussolini as ‘the century of the state,’ is continuing in the 21st with a vengeance. During the 12 years of the HF/WSJ index, economic freedom is supposed to have increased. For example, over that period, both the U.S. (now ranked 9th) and Canada (ranked 12th) have improved their scores by 11%, while in both countries (and others) the Surveillance State was growing uncontrollably, including on financial markets. In the U.S., so many business executives are going to jail that perhaps repression will have to be outsourced to China.

Thus, the ‘economic freedom’ that is being measured is a rather special animal: it is the freedom to do what is narrowly defined as freedom in the statistics underlying the index. In practice, the freedom indexes encompass some general conditions for economic freedom (like a stable currency, or narrowly defined ‘property rights’), specific government restrictions or controls (on foreign investment, for example), and consequences of state intervention (the informal economy or corruption). And, of course, the weights assigned to the components of the indexes are arbitrary.

I am not saying that such indexes are totally useless. They do regroup variables that are correlated with GDP per capita and its growth, but keep in mind that GDP is a very unreliable construct that reveals basically nothing about the general welfare, and is based on arbitrary value judgments (this is pretty standard welfare economics: see my upcoming article in The Independent Review). The indexes may correlate with the difficulties the businessman will have with local bureaucracies. They may even indicate opportunities for investors to make money in limited contexts, assuming the information has not already been incorporated in prices. The HF/WSJ publication even contains some useful country summaries and international statistics.”
But the freedom indexes have little to do with ‘economic freedom’ as we use the term in politics, economics and philosophy.

Via BAB.

Conservatives Adopting Lefty Language About ‘Income Inequality’

Business, Capitalism, Conservatism, Economy, Federal Reserve Bank, Individualism Vs. Collectivism, Private Property, The State

A more meaningful index than “income inequality”—it implies that income equality is the thing to strive for, heaven help us!—would be the correlation between the increasing balance sheets of the central banks of the world and so-called increasing wealth discrepancies.

Conservatives rarely argue the morality of capitalism and individual liberty. If they do debate, it is about the utility of freedom to the common good. The entire impetus of Republican-Party operatives is to keep up with the issues the Democrats introduce to distract from the destructive effects of galloping statism. So if the latter decry “income inequality,” the former affirm that they too worry themselves sick over whatever it is the Democrats are droning on about.

Today, Fox News reported gravely that the “World’s richest 85 people have as much as bottom half the population.” Similarly, this Townhall.com writer assures his readers that “Inequality is a Conservative Issue.”

“The Capitalist Professor” George Reisman is having none of it. He writes “In Defense of Business Fortunes and the Destructive Effects of Imposing Economic Equality,” at www.twitter.com, @GGReisman:

1. A fortune is accumulated by means of earning a high rate of profit on capital and heavily saving and reinvesting it year after year.

2. The high rate of profit is achieved by introducing newer, better products or producing existing products at a lower cost.

3. Sooner or later, competition brings down a high rate of profit to the general level. To go on earning it, further innovation is necessary.

4. For example, to maintain its high rate of profit, Apple has had to repeatedly improve its products and introduce several major new ones.

5. Had Apple stood still, its initially very profitable products, made obsolete by competition, would now be selling at huge losses.

6. The high profits are generally invested in the means of producing the very kind of products in which the innovations take place.

7. For example, Apple’s profits are invested in the expanded and improved production of Apple’s products.

8. Thus, business fortunes under capitalism represent ever better, less expensive products produced with capital constituted by those fortunes.

9. The fortunes originate in profits and are used as capital. Both ways they serve the general buying public. They also pay wages and salaries.

10. The existence of fortunes under capitalism benefits everyone in his capacity both as a buyer of products and seller of labor.

11. Imposing economic equality requires the confiscation of high profits. It would abort the earning of fortunes and stifle economic progress.

12. Advocates of economic equality know nothing about profits, innovation, or capital. They believe that wealth is a pile of consumers’ goods.

13. The capitalists, whom they depict as fat men, allegedly have too much of this pile. Some of it must be given to the starving masses.

14. Thus, imposing economic equality is also a policy of seizing capital in order to consume it—eating the seed corn and being impoverished.

15. Advocates of economic equality are wilfully ignorant of economics. They are fueled by envy and resentment, biting the hands that feed them.

16. Socialism/Communism is their philosophy. Stalin and Mao are their heroes. Famine, slave labor camps, and mass death are their legacy.