For instance, I may choose not to drive a car, or purchase gasoline – but I may not choose not to pay my taxes, which are used to build and maintain our roads. (This is not an argument for privatizing roads, just an example of choice vs. force.). The principal is simple: If I am unable to simply say one word, “No” – then I am being forced to act, forced to work, forced to serve someone else with my mind.

A common criticism of this discussion is that it is too abstract or, for instance “doesn’t feature a single word about policy.” I would simply argue that a philosophical understanding of why government exists, how it functions, and what its role should be is far more essential than any policy discussion. In fact – it must pre-empt policy discussions. Policy is decided long after people have already made assumptions about what government can and should do.

Many people have written about the proper role of government in the past, but sadly, their ideas are substituted in favor of chatter about this or that policy. For the person who perhaps hasn’t taken a moment to think about the core issue, “What is the role of Government,” allow me to present two arguments about the proper, and improper use of force (Government being an institution of force).

The following is an excerpt from John Galt’s speech toward the end of Atlas Shrugged. It highlights some important points about the use of force that must be considered when talking about government functions, since (in America at least), Government is the only institution granted the monopoly use of force. This is a bit of a mild spoiler if you have not read the book – so if that is the case, you may wish to come back to this after reading the book. The video clip is just an excerpt, so be certain to skip to the text below. I have added emphasis.

“Whatever may be open to disagreement, there is one act of evil that may not, the act that no man may commit against others and no man may sanction or forgive. So long as men desire to live together, no man may initiate-do you hear me? no man may start-the use of physical force against others.

“To interpose the threat of physical destruction between a man and his perception of reality, is to negate and paralyze his means of survival; to force-him to act against his own judgment, is like forcing him to act against his own sight. Whoever, to whatever purpose or extent, initiates the use of force, is a killer acting on the premise of death in a manner wider than murder: the premise of destroying man’s capacity to live.

“Do not open your mouth to tell me that your mind has convinced you of your right to force my mind. Force and mind are opposites; morality ends where a gun begins. When you declare that men are irrational animals and propose to treat them as such, you define thereby your own character and can no longer claim the sanction of reason-as no advocate of contradictions can claim it. There can be no ‘right’ to destroy the source of rights, the only means of judging right and wrong: the mind.

“To force a man to drop his own mind and to accept your will as a substitute, with a gun in place of a syllogism, with terror in place of proof, and death as the final argument-is to attempt to exist in defiance of reality. Reality demands of man that he act for his own rational interest; your gun demands of him that he act against it. Reality threatens man with death if he does not act on his rational judgment: you threaten him with death if he does. You place him into a world where the price of his life is the surrender of all the virtues required by life-and death by a process of gradual destruction is all that you and your system will achieve, when death is made to be the ruling power, the winning argument in a society of men.

“Be it a highwayman who confronts a traveler with the ultimatum: ‘Your money or your life,’ or a politician who confronts a country with the ultimatum: ‘Your children’s education or your life,’ the meaning of that ultimatum is: ‘Your mind or your life’-and neither is possible to man without the other.

“If there are degrees of evil, it is hard to say who is the more contemptible: the brute who assumes the right to force the mind of others or the moral degenerate who grants to others the right to force his mind. That is the moral absolute one does not leave open to debate. I do not grant the terms of reason to men who propose to deprive me of reason. I do not enter discussions with neighbors who think they can forbid me to think. I do not place my moral sanction upon a murderer’s wish to kill me. When a man attempts to deal with me by force, I answer him-by force.

“It is only as retaliation that force may be used and only against the man who starts its use. No, I do not share his evil or sink to his concept of morality: I merely grant him his choice, destruction, the only destruction he had the right to choose: his own. He uses force to seize a value; I use it only to destroy destruction. A holdup man seeks to gain wealth by killing me; I do not grow richer by killing a holdup man. I seek no values by means of evil, nor do I surrender my values to evil.

“In the name of all the producers who had kept you alive and received your death ultimatums in payment, I now answer you with a single ultimatum of our own: Our work or your guns. You can choose either; you can’t have both. We do not initiate the use of force against others or submit to force at their hands. If you desire ever again to live in an industrial society, it Will be on our moral terms. Our terms and our motive power are the antithesis of yours. You have been using fear as your weapon and have been bringing death to man as his punishment for rejecting your morality. We offer him life as his reward for accepting ours.”

“This is John Galt speaking.” – Atlus Shrugged

Frederick Bastiat also illuminated this idea much earlier in The Law:

What, then, is law? It is the collective organization of the individual right to lawful defense.

Each of us has a natural right — from God — to defend his person, his liberty, and his property. These are the three basic requirements of life, and the preservation of any one of them is completely dependent upon the preservation of the other two. For what are our faculties but the extension of our individuality? And what is property but an extension of our faculties? If every person has the right to defend even by force — his person, his liberty, and his property, then it follows that a group of men have the right to organize and support a common force to protect these rights constantly. Thus the principle of collective right — its reason for existing, its lawfulness — is based on individual right. And the common force that protects this collective right cannot logically have any other purpose or any other mission than that for which it acts as a substitute. Thus, since an individual cannot lawfully use force against the person, liberty, or property of another individual, then the common force — for the same reason — cannot lawfully be used to destroy the person, liberty, or property of individuals or groups.

Such a perversion of force would be, in both cases, contrary to our premise. Force has been given to us to defend our own individual rights. Who will dare to say that force has been given to us to destroy the equal rights of our brothers? Since no individual acting separately can lawfully use force to destroy the rights of others, does it not logically follow that the same principle also applies to the common force that is nothing more than the organized combination of the individual forces?

If this is true, then nothing can be more evident than this: The law is the organization of the natural right of lawful defense. It is the substitution of a common force for individual forces. And this common force is to do only what the individual forces have a natural and lawful right to do: to protect persons, liberties, and properties; to maintain the right of each, and to cause justice to reign over us all.

Clearly, Force in itself, is not an evil thing, just as guns in themselves, are not evil. However – applying force against an individual’s will is a violation of that individual’s basic human right to liberty. As Rand’s fictional character John Galt put it, to force someone to substitute their own will for yours or another’s, is to deprive that person of choice, or the proper use of their mind.

This brings us back to the core question: What is the proper role of Government? Or in other words – how can the collective force be used, in a manner than does not violate the rights of individuals? This question can be applied to all manner of topics: From National Defense, to Education, to Universal Health-care – the first question, the question that is more fundamental to every situation is – does this policy fall within the bounds of the proper application of force. How are we to determine this? Bastiat again helps with this quandary:

See if the law takes from some persons what belongs to them, and gives it to other persons to whom it does not belong. See if the law benefits one citizen at the expense of another by doing what the citizen himself cannot do without committing a crime.

As soon as government breaks out of its proper boundaries (its limits, which I believe were the very purpose of our Constitution), each individual’s mind is in grave danger. No – this isn’t some “black helicopters and tin-foil hats” nonsense, but you simply have to apply what you know about human nature, and add in the power of coercive force without proper function or limit. The bigger and more centralized a government program becomes, the greater number of individual wills are overrun by the relatively tiny will of the elected body. This is exactly the reason that conservatives favor smaller, more local initiatives (if they favor them at all). Programs and policies that claim to represent everyone, more accurately represent no-one. The closer a representative is to the people whom they represent (and the fewer people they represent), the more likely that their choices will align with the wills of the represented.

This is also the reason conservatives reject socialism and other collectivist philosophies. Not only do these philosophies have a history of mass atrocity, at their very core, they fundamentally act against the individual. Given human nature’s fatal tendency to dominate (by force) other human beings – it is easy to see the dangers of setting up systems which encourage and enable this ability.

Self-preservation and self-development are common aspirations among all people. And if everyone enjoyed the unrestricted use of his faculties and the free disposition of the fruits of his labor, social progress would be ceaseless, uninterrupted, and unfailing.

But there is also another tendency that is common among people. When they can, they wish to live and prosper at the expense of others. This is no rash accusation. Nor does it come from a gloomy and uncharitable spirit. The annals of history bear witness to the truth of it: the incessant wars, mass migrations, religious persecutions, universal slavery, dishonesty in commerce, and monopolies. This fatal desire has its origin in the very nature of man — in that primitive, universal, and insuppressible instinct that impels him to satisfy his desires with the least possible pain.

-Frederick Bastiat, The Fatal Tendency of Mankind -The Law

Back to the concept that conservatives being “short on policy.” There are people who believe that if only the “right policy” (the right application of force) were implemented, then everyone would benefit. This sounds like a nobel idea (and is classic among collectivists), but the ends do not justify the means. You cannot confiscate work, to encourage work. You cannot enslave, to set free. This is contradictory. Historian and Communist Howard Zinn penned the popular “A people’s History of the United States” (though I take huge issue with his use of Presentism) which catalogs the suffering and horrors of underdogs and people trampled by force throughout history. And yet – all the while, he supported the idea that “the right government” could wield force, or if “the right people” controlled the levers of power, it would benefit “the people.” Zinn spent his life demonstrating the destruction that the use of force wreaked on people, and yet never arrived at the idea that force cannot be initiated against the unwilling, even if done with noble intentions.

And this truth is the core of my argument. Firstly, I reject the group classification of “the people.” There is no such thing. There exist only totally unique individual human persons. Therefore, there is no way for any policy to be “right” for each individual person. Economist Thomas Sowell put it this way: “The most basic question is not what is best, but who shall decide what is best.” To take this question away from a person, and hand it a third party, is to remove the choice from the person with the best knowledge to make it. I think each person needs to decide what is best for themselves, their family, their children, etc. Not some elected group of “experts” claiming to act in the individual’s best interest.

This is why true conservatives advocate ideas that increase liberty. We don’t believe that if we only had “the right government,” or the “right policy” every societal ill could be corrected. We believe that each human being is an individual person, and thus do not address nameless, faceless groups, and classes of people. We do not create political mascots out of groups, such as “the rich,” “the middle class,” or “the poor” so that we can pit them against one another. Nor do we have the audacity to proclaim ourselves so above society that we can fix their problems with our magical policies, if they would only surrender us the power.

By advocating more liberty, given the dismal history of the human condition, conservatives are the true progressives. Liberty is the only situation where each individual is truly a person, capable of making the maximum amount of choice about their own life. With Liberty, the individual has rights and is not demanded by threat of imprisonment or death to surrender his mind, his choices, or his work to the will of another. A free man offers the product of his choices (or his mind) in exchange for something else of value. He determines what he judges to be a fair trade – not a third party. He offers true charity out of his own desire to help another person, not by edict imposed from the desires of a politician. He is not forced to work for someone else, neither does he force another to work for his benefit. In doing so – his rights do not necessitate the destruction or sacrifice of anyone else’s. The choices in his mind, do not command the minds of others.

Thus, the proper and only role of government is to protect human rights, or men’s minds from being violated by force.

“…That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed…”

Let us stop proposing policies which are destructive to this end. Let us not regress into soft-despotism and servitude. Let us progress, as a nation, with ideas that free individual’s minds.

McDonald’s warned: Drop the toys or get sued

“McDonald’s is the stranger in the playground handing out candy to children,” CSPI’s litigation director, Stephen Gardner, said in a prepared statement. “It’s a creepy and predatory practice that warrants an injunction.”

Actually McDonald’s is the recognizable face in its own property and the welcome guest on the property of others via free trade. They are not handing out candy to children, a statement which implies abduction for physical harm such as assault or rape, they are providing incentive for children to prefer their food via the benefit of a toy, much in the same way that other businesses will provide incentive for adults to prefer their food via the benefit of price, or quality of source. This is called marketing, and it happens in even “non-economic” exchanges such as convincing a friend to attend a party with you.

“But multi-billion-dollar corporations make parents’ job nearly impossible by giving away toys and bombarding kids with slick advertising,” he said.

Did you hear that parents? You are spineless, weak, lazy, incompetent persons. You completely and immediately relent to your child’s every whim because you are a non-person. Of course you also have no control over what routes you choose to travel on and thus the exposure to the private property of other individuals who make trade with McDonald’s, and you certainly have no power over how much television they watch.

To quote a good friend, only in a world without adults could such clowns have the audacity to call themselves anything along the lines of The Center for Science in the Public Interest, let alone file a law suit “for” innumerable children who are not their responsibility and who make their own decisions and who have parents to help guide those decisions, and obstruct them as they see fit.

Lets return to that first quote, particularly “predatory practice that warrants an injunction.” This is very strange, in the latter portion we see the CSPI assuming that they have a right to make a call on other people’s personal choices to the point of legal action, a bold move for any group. But predatory? Really? Is it a zero-sum arrangement, or even a negating one? This makes assumptions about the specific food elected at the register, of which there is a wide variety, many of which still qualify for the toy, the motivating factor for the children. That sounds to me like a large potential for a net gain. Is it predatory to provide bonuses now? Is it predatory to offer low interest rates for the first year on a purchase, or free cable tv with an apartment rental? These are all free engagements that people enter into, and last I checked, a predator didn’t ask before they initiated an exchange, in fact it wasn’t even an exchange. This is not predatory behavior, and the entire concept of such relies on two suppositions: that parents are always weak willed, and that children are sub-human.

The Huffington Post has its own advertisement for the lawsuit with a few nuggets (not of chicken) in it:

using everything from TV commercials to signs in windows to the Internet in order to get kids to pester their parents to take them to the restaurant.
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CSPI contends that tempting-kids-with-toys is unfair and deceptive–both to kids who don’t understand the concept of marketing and to parents who have to put up with their pestering offspring.
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“These marketers are very similar to pedophiles. They are child experts. If you’re going to be a pedophile or a child marketer, you have to know about children, and what children are going to want.”
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McDonald’s wants your money–and it’ll manipulate your kids any which way to get it.

The consistent theme is that of weak, idiotic parents who have no autonomy, and of children who are sub-human animals. Then there is the massive stretch that knowing how children think means you are on par with a pedophile, but that stretch comes from the chair of the television and media committee of the American Academy of Child and Adolescent Psychiatry, which sounds like he knows a lot about how children think, and has made a profit from that knowledge, thus: pedophile. Yes, McDonald’s does want your money. Businesses do. So does the CSPI, and they make that donation link rather prominent on their site, and their business is convincing you that they are working for you, and for you to provide them with funds for a service far less tangible than even the worst McDonald’s franchise. That is the toy they are dangling in front of you, and that is the sort of person they think you are: gullible, manipulated, and sub-human for the purposes of strict profit, like every child.

Only in a world without adults.

-djq

Finland has become the first country in the world to make broadband internet access a legal right for all citizens.

The legislation, which came into effect Thursday, forces telecom operators to provide a reasonably priced broadband connection with a downstream rate of at least one megabit per second (mbs) to every permanent residence and office, the Finnish government said in a statement.

“From now on a reasonably priced broadband connection will be everyone’s basic right in Finland,” said Finnish communications minister Suvi Linden. “This is absolutely one of the government’s most significant achievements in regional policy and I am proud of it.

via edition.cnn.com
“Reasonably priced” …That sounds like a really solid and objective base for just law…

Think of what is really going on here. Imagine if it were my legal right to force you to provide me a service at whatever price I determine is “reasonable?” You don’t have to imagine this if you live in Finland. The Law, better described as the collective force, is being directed by the vast majority of Fins, against a minority group (telecoms). The Law, which is supposed to be an instrument of justice and defense, is perverted into on offensive weapon of plunder.

And the Finnish government is an utter disgrace, promoting this concept as a “significant achievement.” It is a digression and perversion of the high concepts of Rule of Law, Individual Rights, and Justice for which generations of men have struggled and died to advance.

What is next? “Reasonably priced” computers? Automobiles and Fuel? Food? Clothing? As soon as the law ceases to be  just – where do you draw the line?

But, unfortunately, law by no means confines itself to its proper functions. And when it has exceeded its proper functions, it has not done so merely in some inconsequential and debatable matters. The law has gone further than this; it has acted in direct opposition to its own purpose. The law has been used to destroy its own objective: It has been applied to annihilating the justice that it was supposed to maintain; to limiting and destroying rights which its real purpose was to respect. The law has placed the collective force at the disposal of the unscrupulous who wish, without risk, to exploit the person, liberty, and property of others. It has converted plunder into a right, in order to protect plunder. And it has converted lawful defense into a crime, in order to punish lawful defense.[...]

But how is this legal plunder to be identified? Quite simply. See if the law takes from some persons what belongs to them, and gives it to other persons to whom it does not belong. See if the law benefits one citizen at the expense of another by doing what the citizen himself cannot do without committing a crime.

Then abolish this law without delay, for it is not only an evil itself, but also it is a fertile source for further evils because it invites reprisals. If such a law — which may be an isolated case — is not abolished immediately, it will spread, multiply, and develop into a system.

The person who profits from this law will complain bitterly, defending his acquired rights. He will claim that the state is obligated to protect and encourage his particular industry; that this procedure enriches the state because the protected industry is thus able to spend more and to pay higher wages to the poor workingmen.

Do not listen to this sophistry by vested interests. The acceptance of these arguments will build legal plunder into a whole system. In fact, this has already occurred. The present-day delusion is an attempt to enrich everyone at the expense of everyone else; to make plunder universal under the pretense of organizing it.

-The Law, Frederick Bastiat

1765

“Ignorance and inconsideration are the two great causes of the ruin of mankind.” This is an observation of Dr. Tillotson, with relation to the interest of his fellow men in a future and immortal state. But it is of equal truth and importance if applied to the happiness of men in society, on this side the grave. In the earliest ages of the world, absolute monarchy seems to have been the universal form of government. Kings, and a few of their great counselors and captains, exercised a cruel tyranny over the people, who held a rank in the scale of intelligence, in those days, but little higher than the camels and elephants that carried them and their engines to war.

By what causes it was brought to pass, that the people in the middle ages became more intelligent in general, would not, perhaps, be possible in these days to discover. But the fact is certain; and wherever a general knowledge and sensibility have prevailed among the people, arbitrary government and every kind of oppression have lessened and disappeared in proportion. Man has certainly an exalted soul; and the same principle in human nature, — that aspiring, noble principle founded in benevolence, and cherished by knowledge; I mean the love of power, which has been so often the cause of slavery, — has, whenever freedom has existed, been the cause of freedom. If it is this principle that has always prompted the princes and nobles of the earth, by every species of fraud and violence to shake off all the limitations of their power, it is the same that has always stimulated the common people to aspire at independency, and to endeavor at confining the power of the great within the limits of equity and reason.

The poor people, it is true, have been much less successful than the great. They have seldom found either leisure or opportunity to form a union and exert their strength; ignorant as they were of arts and letters, they have seldom been able to frame and support a regular opposition. This, however, has been known by the great to be the temper of mankind; and they have accordingly labored, in all ages, to wrest from the populace, as they are contemptuously called, the knowledge of their rights and wrongs, and the power to assert the former or redress the latter. I say RIGHTS, for such they have, undoubtedly, antecedent to all earthly government, — Rights, that cannot be repealed or restrained by human laws — Rights, derived from the great Legislator of the universe.

Since the promulgation of Christianity, the two greatest systems of tyranny that have sprung from this original, are the canon and the feudal law. The desire of dominion, that great principle by which we have attempted to account for so much good and so much evil, is, when properly restrained, a very useful and noble movement in the human mind. But when such restraints are taken off, it becomes an encroaching, grasping, restless, and ungovernable power. Numberless have been the systems of iniquity contrived by the great for the gratification of this passion in themselves; but in none of them were they ever more successful than in the invention and establishment of the canon and the feudal law.

By the former of these, the most refined, sublime, extensive, and astonishing constitution of policy that ever was conceived by the mind of man was framed by the Romish clergy for the aggrandizement of their own order. All the epithets I have here given to the Romish policy are just, and will be allowed to be so when it is considered, that they even persuaded mankind to believe, faithfully and undoubtingly, that God Almighty had entrusted them with the keys of heaven, whose gates they might open and close at pleasure; with a power of dispensation over all the rules and obligations of morality; with authority to license all sorts of sins and crimes; with a power of deposing princes and absolving subjects from allegiance; with a power of procuring or withholding the rain of heaven and the beams of the sun; with the management of earthquakes, pestilence, and famine; nay, with the mysterious, awful, incomprehensible power of creating out of bread and wine the flesh and blood of God himself. All these opinions they were enabled to spread and rivet among the people by reducing their minds to a state of sordid ignorance and staring timidity, and by infusing into them a religious horror of letters and knowledge. Thus was human nature chained fast for ages in a cruel, shameful, and deplorable servitude to him, and his subordinate tyrants, who, it was foretold, would exalt himself above all that was called God, and that was worshipped.

In the latter we find another system, similar in many respects to the former;1 which, although it was originally formed, perhaps, for the necessary defense of a barbarous people against the inroads and invasions of her neighboring nations, yet for the same purposes of tyranny, cruelty, and lust, which had dictated the canon law, it was soon adopted by almost all the princes of Europe, and wrought into the constitutions of their government. It was originally a code of laws for a vast army in a perpetual encampment. The general was invested with the sovereign propriety of all the lands within the territory. Of him, as his servants and vassals, the first rank of his great officers held the lands; and in the same manner the other subordinate officers held of them; and all ranks and degrees held their lands by a variety of duties and services, all tending to bind the chains the faster on every order of mankind. In this manner the common people were held together in herds and clans in a state of servile dependence on their lords, bound, even by the tenure of their lands, to follow them, whenever they commanded, to their wars, and in a state of total ignorance of every thing divine and human, excepting the use of arms and the culture of their lands.

But another event still more calamitous to human liberty, was a wicked confederacy between the two systems of tyranny above described. It seems to have been even stipulated between them, that the temporal grandees should contribute every thing in their power to maintain the ascendancy of the priesthood, and that the spiritual grandees in their turn, should employ their ascendancy over the consciences of the people, in impressing on their minds a blind, implicit obedience to civil magistracy.

Thus, as long as this confederacy lasted, and the people were held in ignorance, liberty, and with her, knowledge and virtue too, seem to have deserted the earth, and one age of darkness succeeded another, till God in his benign providence raised up the champions who began and conducted the Reformation. From the time of the Reformation to the first settlement of America, knowledge gradually spread in Europe, but especially in England; and in proportion as that increased and spread among the people, ecclesiastical and civil tyranny, which I use as synonymous expressions for the canon and feudal laws, seem to have lost their strength and weight. The people grew more and more sensible of the wrong that was done them by these systems, more and more impatient under it, and determined at all hazards to rid themselves of it; till at last, under the execrable race of the Stuarts, the struggle between the people and the confederacy aforesaid of temporal and spiritual tyranny, became formidable, violent, and bloody.

It was this great struggle that peopled America. It was not religion alone, as is commonly supposed; but it was a love of universal liberty, and a hatred, a dread, a horror, of the infernal confederacy before described, that projected, conducted, and accomplished the settlement of America.

It was a resolution formed by a sensible people, — I mean the Puritans, — almost in despair. They had become intelligent in general, and many of them learned. For this fact, I have the testimony of Archbishop King himself, who observed of that people, that they were more intelligent and better read than even the members of the church, whom he censures warmly for that reason. This people had been so vexed and tortured by the powers of those days, for no other crime than their knowledge and their freedom of inquiry and examination, and they had so much reason to despair of deliverance from those miseries on that side the ocean, that they at last resolved to fly to the wilderness for refuge from the temporal and spiritual principalities and powers, and plagues and scourges of their native country.

After their arrival here, they began their settlement, and formed their plan, both of ecclesiastical and civil government, in direct opposition to the canon and the feudal systems. The leading men among them, both of the clergy and the laity, were men of sense and learning. To many of them the historians, orators, poets, and philosophers of Greece and Rome were quite familiar; and some of them have left libraries that are still in being, consisting chiefly of volumes in which the wisdom of the most enlightened ages and nations is deposited, — written, however, in languages which their great-grandsons, though educated in European universities, can scarcely read. 2

Thus accomplished were many of the first planters in these colonies. It may be thought polite and fashionable by many modern fine gentlemen, perhaps, to deride the characters of these persons, as enthusiastical, superstitious, and republican. But such ridicule is founded in nothing but foppery and affectation, and is grossly injurious and false. Religious to some degree of enthusiasm it may be admitted they were; but this can be no peculiar derogation from their character; because it was at that time almost the universal character not only of England, but of Christendom. Had this, however, been otherwise, their enthusiasm, considering the principles on which it was founded and the ends to which it was directed, far from being a reproach to them, was greatly to their honor; for I believe it will be found universally true, that no great enterprise for the honor or happiness of mankind was ever achieved without a large mixture of that noble infirmity. Whatever imperfections may be justly ascribed to them, which, however, are as few as any mortals have discovered, their judgment in framing their policy was founded in wise, humane, and benevolent principles. It was founded in revelation and in reason too. It was consistent with the principles of the best and greatest and wisest legislators of antiquity. Tyranny in every form, shape, and appearance was their disdain and abhorrence; no fear of punishment, nor even of death itself in exquisite tortures, had been sufficient to conquer that steady, manly, pertinacious spirit with which they had opposed the tyrants of those days in church and state. They were very far from being enemies to monarchy; and they knew as well as any men, the just regard and honor that is due to the character of a dispenser of the mysteries of the gospel of grace. But they saw clearly, that popular powers must be placed as a guard, a control, a balance, to the powers of the monarch and the priest, in every government, or else it would soon become the man of sin, the whore of Babylon, the mystery of iniquity, a great and detestable system of fraud, violence, and usurpation. Their greatest concern seems to have been to establish a government of the church more consistent with the Scriptures, and a government of the state more agreeable to the dignity of human nature, than any they had seen in Europe, and to transmit such a government down to their posterity, with the means of securing and preserving it forever. To render the popular power in their new government as great and wise as their principles of theory, that is, as human nature and the Christian religion require it should be, they endeavored to remove from it as many of the feudal inequalities and dependencies as could be spared, consistently with the preservation of a mild limited monarchy. And in this they discovered the depth of their wisdom and the warmth of their friendship to human nature. But the first place is due to religion. They saw clearly, that of all the nonsense and delusion which had ever passed through the mind of man, none had ever been more extravagant than the notions of absolutions, indelible characters, uninterrupted successions, and the rest of those fantastical ideas, derived from the canon law, which had thrown such a glare of mystery, sanctity, reverence, and right reverend eminence and holiness, around the idea of a priest, as no mortal could deserve, and as always must, from the constitution of human nature, be dangerous in society. For this reason, they demolished the whole system of diocesan episcopacy; and, deriding, as all reasonable and impartial men must do, the ridiculous fancies of sanctified effluvia from Episcopal fingers, they established sacerdotal ordination on the foundation of the Bible and common sense. This conduct at once imposed an obligation on the whole body of the clergy to industry, virtue, piety, and learning, and rendered that whole body infinitely more independent on the civil powers, in all respects, than they could be where they were formed into a scale of subordination, from a pope down to priests and friars and confessors, — necessarily and essentially a sordid, stupid, and wretched herd, — or than they could be in any other country, where an archbishop held the place of a universal bishop, and the vicars and curates that of the ignorant, dependent, miserable rabble aforesaid, — and infinitely more sensible and learned than they could be in either. This subject has been seen in the same light by many illustrious patriots, who have lived in America since the days of our forefathers, and who have adored their memory for the same reason. And methinks there has not appeared in New England a stronger veneration for their memory, a more penetrating insight into the grounds and principles and spirit of their policy, nor a more earnest desire of perpetuating the blessings of it to posterity, than that fine institution of the late Chief Justice Dudley, of a lecture against popery, and on the validity of Presbyterian ordination. This was certainly intended by that wise and excellent man, as an eternal memento of the wisdom and goodness of the very principles that settled America. But I must again return to the feudal law. The adventurers so often mentioned, had an utter contempt of all that dark ribaldry of hereditary, indefeasible right, — the Lord’s anointed, — and the divine, miraculous original of government, with which the priesthood had enveloped the feudal monarch in clouds and mysteries, and from whence they had deduced the most mischievous of all doctrines, that of passive obedience and non-resistance. They knew that government was a plain, simple, intelligible thing, founded in nature and reason, and quite comprehensible by common sense. They detested all the base services and servile dependencies of the feudal system. They knew that no such unworthy dependencies took place in the ancient seats of liberty, the republics of Greece and Rome; and they thought all such slavish subordinations were equally inconsistent with the constitution of human nature and that religious liberty with which Jesus had made them free. This was certainly the opinion they had formed; and they were far from being singular or extravagant in thinking so. Many celebrated modern writers in Europe have espoused the same sentiments. Lord Kames, a Scottish writer of great reputation, whose authority in this case ought to have the more weight as his countrymen have not the most worthy ideas of liberty, speaking of the feudal law, says, —”A constitution so contradictory to all the principles which govern mankind can never be brought about, one should imagine, but by foreign conquest or native usurpations.” Rousseau, speaking of the same system, calls it, — “That most iniquitous and absurd form of government by which human nature was so shamefully degraded.” It would be easy to multiply authorities, but it must be needless; because, as the original of this form of government was among savages, as the spirit, of it is military and despotic, every writer who would allow the people to have any right to life or property or freedom more than the beasts of the field, and who was not hired or enlisted under arbitrary, lawless power, has been always willing to admit the feudal system to be inconsistent with liberty and the rights of mankind.

To have holden their lands allodially, or for every man to have been the sovereign lord and proprietor of the ground he occupied, would have constituted a government too nearly like a commonwealth. They were contented, therefore, to hold their lands of their king, as their sovereign lord; and to him they were willing to render homage, but to no mesne or subordinate lords; nor were they willing to submit to any of the baser services. In all this they were so strenuous, that they have even transmitted to their posterity a very general contempt and detestation of holdings by quitrents, as they have also a hereditary ardor for liberty and thirst for knowledge.

They were convinced, by their knowledge of human nature, derived from history and their own experience, that nothing could preserve their posterity from the encroachments of the two systems of tyranny, in opposition to which, as has been observed already, they erected their government in church and state, but knowledge diffused generally through the whole body of the people. Their civil and religious principles, therefore, conspired to prompt them to use every measure and take every precaution in their power to propagate and perpetuate knowledge. For this purpose they laid very early the foundations of colleges, and invested them with ample privileges and emoluments; and it is remarkable that they have left among their posterity so universal an affection and veneration for those seminaries, and for liberal education, that the meanest of the people contribute cheerfully to the support and maintenance of them every year, and that nothing is more generally popular than projections for the honor, reputation, and advantage of those seats of learning. But the wisdom and benevolence of our fathers rested not here. They made an early provision by law, that every town consisting of so many families, should be always furnished with a grammar school. They made it a crime for such a town to be destitute of a grammar schoolmaster for a few months, and subjected it to a heavy penalty. So that the education of all ranks of people was made the care and expense of the public, in a manner that I believe has been unknown to any other people ancient or modern.

The consequences of these establishments we see and feel every day. A native of America who cannot read and write is as rare an appearance as a Jacobite or a Roman Catholic, that is, as rare as a comet or an earthquake. It has been observed, that we are all of us lawyers, divines, politicians, and philosophers. And I have good authorities to say, that all candid foreigners who have passed through this country, and conversed freely with all sorts of people here, will allow, that they have never seen so much knowledge and civility among the common people in any part of the world. It is true, there has been among us a party for some years, consisting chiefly not of the descendants of the first settlers of this country, but of high churchmen and high statesmen imported since, who affect to censure this provision for the education of our youth as a needless expense, and an imposition upon the rich in favor of the poor, and as an institution productive of idleness and vain speculation among the people, whose time and attention, it is said, ought to be devoted to labor, and not to public affairs, or to examination into the conduct of their superiors. And certain officers of the crown, and certain other missionaries of ignorance, foppery, servility, and slavery, have been most inclined to countenance and increase the same party. Be it remembered, however, that liberty must at all hazards be supported. We have a right to it, derived from our Maker. But if we had not, our fathers have earned and bought it for us, at the expense of their ease, their estates, their pleasure, and their blood. And liberty cannot be preserved without a general knowledge among the people, who have a right, from the frame of their nature, to knowledge, as their great Creator, who does nothing in vain, has given them understandings, and a desire to know; but besides this, they have a right, an indisputable, unalienable, indefeasible, divine right to that most dreaded and envied kind of knowledge, I mean, of the characters and conduct of their rulers. Rulers are no more than attorneys, agents, and trustees for the people; and if the cause, the interest and trust, is insidiously betrayed, or wantonly trifled away, the people have a right to revoke the authority that they themselves have deputed, and to constitute abler and better agents, attorneys, and trustees. And the preservation of the means of knowledge among the lowest ranks, is of more importance to the public than all the property of all the rich men in the country. It is even of more consequence to the rich themselves, and to their posterity. The only question is, whether it is a public emolument; and if it is, the rich ought undoubtedly to contribute, in the same proportion as to all other public burdens, — that is, in proportion to their wealth, which is secured by public expenses. But none of the means of information are more sacred, or have been cherished with more tenderness and care by the settlers of America, than the press. Care has been taken that the art of printing should be encouraged, and that it should be easy and cheap and safe for any person to communicate his thoughts to the public. And you, Messieurs printers, 3 whatever the tyrants of the earth may say of your paper, have done important service to your country by your readiness and freedom in publishing the speculations of the curious. The stale, impudent insinuations of slander and sedition, with which the gormandizers of power have endeavored to discredit your paper, are so much the more to your honor; for the jaws of power are always opened to devour, and her arm is always stretched out, if possible, to destroy the freedom of thinking, speaking, and writing. And if the public interest, liberty, and happiness have been in danger from the ambition or avarice of any great man, whatever may be his politeness, address, learning, ingenuity, and, in other respects, integrity and humanity, you have done yourselves honor and your country service by publishing and pointing out that avarice and ambition. These vices are so much the more dangerous and pernicious for the virtues with which they may be accompanied in the same character, and with so much the more watchful jealousy to be guarded against.

“Curse on such virtues, they’ve undone their country.”

Be not intimidated, therefore, by any terrors, from publishing with the utmost freedom, whatever can be warranted by the laws of your country; nor suffer yourselves to be wheedled out of your liberty by any pretences of politeness, delicacy, or decency. These, as they are often used, are but three different names for hypocrisy, chicanery, and cowardice. Much less, I presume, will you be discouraged by any pretences that malignants on this side the water will represent your paper as factious and seditious, or that the great on the other side the water will take offence at them. This dread of representation has had for a long time, in this province, effects very similar to what the physicians call a hydrophobia, or dread of water. It has made us delirious; and we have rushed headlong into the water, till we are almost drowned, out of simple or phrensical fear of it. Believe me, the character of this country has suffered more in Britain by the pusillanimity with which we have borne many insults and indignities from the creatures of power at home and the creatures of those creatures here, than it ever did or ever will by the freedom and spirit that has been or will be discovered in writing or action. Believe me, my countrymen, they have imbibed an opinion on the other side the water, that we are an ignorant, a timid, and a stupid people; nay, their tools on this side have often the impudence to dispute your bravery. But I hope in God the time is near at hand when they will be fully convinced of your understanding, integrity and courage. But can any thing be more ridiculous, were it not too provoking to be laughed at, than to pretend that offence should be taken at home for writings here? Pray, let them look at home. Is not the human understanding exhausted there? Are not reason, imagination, wit, passion, senses, and all, tortured to find out satire and invective against the characters of the vile and futile fellows who sometimes get into place and power? The most exceptionable paper that ever I saw here is perfect prudence and modesty in comparison of multitudes of their applauded writings. Yet the high regard they have for the freedom of the press, indulges all. I must and will repeat it, your paper deserves the patronage of every friend to his country. And whether the defamers of it are arrayed in robes of scarlet or sable, whether they lurk and skulk in an insurance office, whether they assume the venerable character of a priest, the sly one of a scrivener, or the dirty, infamous, abandoned one of an informer, they are all the creatures and tools of the lust of domination.

The true source of our sufferings has been our timidity.

We have been afraid to think. We have felt a reluctance to examining into the grounds of our privileges, and the extent in which we have an indisputable right to demand them, against all the power and authority on earth. And many who have not scrupled to examine for themselves, have yet for certain prudent reasons been cautious and diffident of declaring the result of their inquiries.

The cause of this timidity is perhaps hereditary, and to be traced back in history as far as the cruel treatment the first settlers of this country received, before their embarkation for America, from the government at home. Everybody knows how dangerous it was to speak or write in favor of any thing, in those days, but the triumphant system of religion and politics. And our fathers were particularly the objects of the persecutions and proscriptions of the times. It is not unlikely, therefore, that although they were inflexibly steady in refusing their positive assent to any thing against their principles, they might have contracted habits of reserve, and a cautious diffidence of asserting their opinions publicly. These habits they probably brought with them to America, and have transmitted down to us. Or we may possibly account for this appearance by the great affection and veneration Americans have always entertained for the country from whence they sprang; or by the quiet temper for which they have been remarkable, no country having been less disposed to discontent than this; or by a sense they have that it is their duty to acquiesce under the administration of government, even when in many smaller matters grievous to them, and until the essentials of the great compact are destroyed or invaded. These peculiar causes might operate upon them; but without these, we all know that human nature itself, from indolence, modesty, humanity, or fear, has always too much reluctance to a manly assertion of its rights. Hence, perhaps, it has happened, that nine tenths of the species are groaning and gasping in misery and servitude.

But whatever the cause has been, the fact is certain, we have been excessively cautious of giving offence by complaining of grievances. And it is as certain, that American governors, and their friends, and all the crown officers, have availed themselves of this disposition in the people. They have prevailed on us to consent to many things which were grossly injurious to us, and to surrender many others, with voluntary tameness, to which we had the clearest right. Have we not been treated, formerly, with abominable insolence, by officers of the navy? I mean no insinuation against any gentleman now onthis station, having heard no complaint of any one of them to his dishonor. Have not some generals from England treated us like servants, nay, more like slaves than like Britons? Have we not been under the most ignominious contribution, the most abject submission, the most supercilious insults, of some custom-house officers? Have we not been trifled with, brow-beaten, and trampled on, by former governors, in a manner which no king of England since James the Second has dared to indulge towards his subjects? Have we not raised up one family, in them placed an unlimited confidence, and been soothed and flattered and intimidated by their influence, into a great part of this infamous tameness and submission? “These are serious and alarming questions, and deserve a dispassionate consideration.”

This disposition has been the great wheel and the mainspring in the American machine of court politics. We have been told that “the word rights is an offensive expression;” “that the king, his ministry, and parliament, will not endure to hear Americans talk of their rights;” “that Britain is the mother and we the children, that a filial duty and submission is due from us to her,” and that “we ought to doubt our own judgment, and presume that she is right, even when she seems to us to shake the foundations of government;” that “Britain is immensely rich and great and powerful, has fleets and armies at her command which have been the dread and terror of the universe, and that she will force her own judgment into execution, right or wrong.” But let me entreat you, sir, to pause. Do you consider yourself as a missionary of loyalty or of rebellion? Are you not representing your king, his ministry, and parliament, as tyrants, — imperious, unrelenting tyrants, — by such reasoning as this? Is not this representing your most gracious sovereign as endeavoring to destroy the foundations of his own throne? Are you not representing every member of parliament as renouncing the transactions at Running Mede, (the meadow, near Windsor, where Magna Charta was signed;) and as repealing in effect the bill of rights, when the Lords and Commons asserted and vindicated the rights of the people and their own rights, and insisted on the king’s assent to that assertion and vindication? Do you not represent them as forgetting that the prince of Orange was created King William, by the people, on purpose that their rights might be eternal and inviolable? Is there not something extremely fallacious in the common-place images of mother country and children colonies? Are we the children of Great Britain any more than the cities of London, Exeter, and Bath? Are we not brethren and fellow subjects with those in Britain, only under a somewhat different method of legislation, and a totally different method of taxation? But admitting we are children, have not children a right to complain when their parents are attempting to break their limbs, to administer poison, or to sell them to enemies for slaves? Let me entreat you to consider, will the mother be pleased when you represent her as deaf to the cries of her children, — when you compare her to the infamous miscreant who lately stood on the gallows for starving her child, — when you resemble her to Lady Macbeth in Shakespeare, (I cannot think of it without horror,) who

“Had given suck, and knew How tender ’t was to love the babe that milked her,”

but yet, who could “Even while ’t was smiling in her face, Have plucked her nipple from the boneless gums, And dashed the brains out.”

Let us banish for ever from our minds, my countrymen, all such unworthy ideas of the king, his ministry, and parliament. Let us not suppose that all are become luxurious, effeminate, and unreasonable, on the other side the water, as many designing persons would insinuate. Let us presume, what is in fact true, that the spirit of liberty is as ardent as ever among the body of the nation, though a few individuals may be corrupted. Let us take it for granted, that the same great spirit which once gave Cesar so warm a reception, which denounced hostilities against John till Magna Charta was signed, which severed the head of Charles the First from his body, and drove James the Second from his kingdom, the same great spirit (may heaven preserve it till the earth shall be no more) which first seated the great grandfather of his present most gracious majesty on the throne of Britain, — is still alive and active and warm in England; and that the same spirit in America, instead of provoking the inhabitants of that country, will endear us to them for ever, and secure their good-will.

This spirit, however, without knowledge, would be little better than a brutal rage. Let us tenderly and kindly cherish, therefore, the means of knowledge. Let us dare to read, think, speak, and write. Let every order and degree among the people rouse their attention and animate their resolution. Let them all become attentive to the grounds and principles of government, ecclesiastical and civil. Let us study the law of nature; search into the spirit of the British constitution; read the histories of ancient ages; contemplate the great examples of Greece and Rome; set before us the conduct of our own British ancestors, who have defended for us the inherent rights of mankind against foreign and domestic tyrants and usurpers, against arbitrary kings and cruel priests, in short, against the gates of earth and hell. Let us read and recollect and impress upon our souls the views and ends of our own more immediate forefathers, in exchanging their native country for a dreary, inhospitable wilderness. Let us examine into the nature of that power, and the cruelty of that oppression, which drove them from their homes. Recollect their amazing fortitude, their bitter sufferings, — the hunger, the nakedness, the cold, which they patiently endured, — the severe labors of clearing their grounds, building their houses, raising their provisions, amidst dangers from wild beasts and savage men, before they had time or money or materials for commerce. Recollect the civil and religious principles and hopes and expectations which constantly supported and carried them through all hardships with patience and resignation. Let us recollect it was liberty, the hope of liberty for themselves and us and ours, which conquered all discouragements, dangers, and trials. In such researches as these, let us all in our several departments cheerfully engage, — but especially the proper patrons and supporters of law, learning, and religion!

Let the pulpit resound with the doctrines and sentiments of religious liberty. Let us hear the danger of thralldom to our consciences from ignorance, extreme poverty, and dependence, in short, from civil and political slavery. Let us see delineated before us the true map of man. Let us hear the dignity of his nature, and the noble rank he holds among the works of God, — that consenting to slavery is a sacrilegious breach of trust, as offensive in the sight of God as it is derogatory from our own honor or interest or happiness, — and that God Almighty has promulgated from heaven, liberty, peace, and good-will to man!

Let the bar proclaim, “the laws, the rights, the generous plan of power” delivered down from remote antiquity, — inform the world of the mighty struggles and numberless sacrifices made by our ancestors in defense of freedom. Let it be known, that British liberties are not the grants of princes or parliaments, but original rights, conditions of original contracts, coequal with prerogative, and coeval with government; that many of our rights are inherent and essential, agreed on as maxims, and established as preliminaries, even before a parliament existed. Let them search for the foundations of British laws and government in the frame of human nature, in the constitution of the intellectual and moral world. There let us see that truth, liberty, justice, and benevolence, are its everlasting basis; and if these could be removed, the superstructure is overthrown of course.

Let the colleges join their harmony in the same delightful concert. Let every declamation turn upon the beauty of liberty and virtue, and the deformity, turpitude, and malignity, of slavery and vice. Let the public disputations become researches into the grounds and nature and ends of government, and the means of preserving the good and demolishing the evil. Let the dialogues, and all the exercises, become the instruments of impressing on the tender mind, and of spreading and distributing far and wide, the ideas of right and the sensations of freedom.

In a word, let every sluice of knowledge be opened and set a-flowing. The encroachments upon liberty in the reigns of the first James and the first Charles, by turning the general attention of learned men to government, are said to have produced the greatest number of consummate statesmen which has ever been seen in any age or nation. The Brookes, Hampdens, Vanes, Seldens, Miltons, Nedhams, Harringtons, Nevilles, Sidneys, Lockes, are all said to have owed their eminence in political knowledge to the tyrannies of those reigns. The prospect now before us in America, ought in the same manner to engage the attention of every man of learning, to matters of power and of right, that we may be neither led nor driven blindfolded to irretrievable destruction. Nothing less than this seems to have been meditated for us, by somebody or other in Great Britain. There seems to be a direct and formal design on foot, to enslave all America. This, however, must be done by degrees. The first step that is intended, seems to be an entire subversion of the whole system of our fathers, by the introduction of the canon and feudal law into America. The canon and feudal systems, though greatly mutilated in England, are not yet destroyed. Like the temples and palaces in which the great contrivers of them once worshipped and inhabited, they exist in ruins; and much of the domineering spirit of them still remains. The designs and labors of a certain society, to introduce the former of them into America, have been well exposed to the public by a writer of great abilities; and the further attempts to the same purpose, that may be made by that society, or by the ministry or parliament, I leave to the conjectures of the thoughtful. But it seems very manifest from the Stamp Act itself, that a design is formed to strip us in a great measure of the means of knowledge, by loading the press, the colleges, and even an almanac and a newspaper, with restraints and duties; and to introduce the inequalities and dependencies of the feudal system, by taking from the poorer sort of people all their little subsistence, and conferring it on a set of stamp officers, distributors, and their deputies. But I must proceed no further at present. The sequel, whenever I shall find health and leisure to pursue it, will be a “disquisition of the policy of the stamp act.” In the mean time, however, let me add, — These are not the vapors of a melancholy mind, nor the effusions of envy, disappointed ambition, nor of a spirit of opposition to government, but the emanations of a heart that burns for its country’s welfare. No one of any feeling, born and educated in this once happy country, can consider the numerous distresses, the gross indignities, the barbarous ignorance, the haughty usurpations, that we have reason to fear are meditating for ourselves, our children, our neighbors, in short, for all our countrymen and all their posterity, without the utmost agonies of heart and many tears.

1 Rob. Hist. ch. v. pp. 178-9, &c.

2 “I always consider the settlement of America with reverence and wonder, as the opening of a grand scene and design in Providence for the illumination of the ignorant, and the emancipation of the slavish part of mankind all over the earth.”

3 Edes and Gill, printers of the Boston Gazette.

First of all – to whoever reads this, I could care less which way you decide to vote on these measures. I think that assumptions of ill intent by anyone on either side of Measures 66 and 67 are foolish, and distract people from carefully weighing the issues logically. 

As anyone who knows me might have guessed – I’m not exactly enthralled with the two ballot measures, 66 and 67, which are currently facing Oregon’s voters. I have been trying to think them over for a while now, but I tend to think most clearly when I force myself to write my thoughts. Of course – before you read any further – you should read the actual bills yourself. Here is Measure 66, and here is Measure 67.

At this point, you have probably heard the talking point arguments from either side of the issue. Namely, that your choice is between hurting schools, teachers, and students (by voting against 66 and 67) or hurting corporations, jobs, and the rich (passing 66 and 67). Both arguments may be true, but I think there are some deeper concepts to consider.

“The most basic question is not what is best, but who shall decide what is best.”

 -Thomas Sowell

In my opinion, all political and legislative ideas should be judged by two key factors.

1. The vision they are built on
2. Their practical seen and unseen results

In this post – I am going to discuss the vision behind Measure 66. It is important to understand that by ‘vision,’ I do not mean the stated goals or intent of the policies. In fact – whatever the stated goal of policy happens to be, is almost entirely irrelevant to whether or not it is a good policy which would achieve that goal. When I say ‘vision,’ I am referring to the actual fundamental assumptions about society, law, and justice that the policy is built on.

Measure 66

Measure 66 raises taxes on a certain group of people who earn above a specified amount of income. In my view, there are several problems with the vision behind this bill, primarily, the vision of Law. Firstly, this tax is progressive in nature, as it singles out a specific group of people to be taxed at a higher rate than another group. From the way I view law, I believe progressive taxes are unjust.

The Law (including tax law) is meant to be an instrument of justice. Here the definition of “just” is especially helpful: 

“Equitable: fair to all parties as dictated by reason and conscience; “equitable treatment of all citizens.”  

A just Law then is the application of force against the inequitable treatment of citizens, or the violation of individual natural rights, such as life, liberty, or in this case, property. Friederic Bastiat wrote far more eloquently about this concept in the 1800s (Please excuse the long quote):

What, then, is law? It is the collective organization of the individual right to lawful defense.

Each of us has a natural right — from God — to defend his person, his liberty, and his property. These are the three basic requirements of life, and the preservation of any one of them is completely dependent upon the preservation of the other two. For what are our faculties but the extension of our individuality? And what is property but an extension of our faculties? If every person has the right to defend even by force — his person, his liberty, and his property, then it follows that a group of men have the right to organize and support a common force to protect these rights constantly. Thus the principle of collective right — its reason for existing, its lawfulness — is based on individual right. And the common force that protects this collective right cannot logically have any other purpose or any other mission than that for which it acts as a substitute. Thus, since an individual cannot lawfully use force against the person, liberty, or property of another individual, then the common force — for the same reason — cannot lawfully be used to destroy the person, liberty, or property of individuals or groups.

Such a perversion of force would be, in both cases, contrary to our premise. Force has been given to us to defend our own individual rights. Who will dare to say that force has been given to us to destroy the equal rights of our brothers? Since no individual acting separately can lawfully use force to destroy the rights of others, does it not logically follow that the same principle also applies to the common force that is nothing more than the organized combination of the individual forces?

If this is true, then nothing can be more evident than this: The law is the organization of the natural right of lawful defense. It is the substitution of a common force for individual forces. And this common force is to do only what the individual forces have a natural and lawful right to do: to protect persons, liberties, and properties; to maintain the right of each, and to cause justice to reign over us all.

- Frederick Bastiat, The Law

I can think of many rationalizations for a certain group of people to be forced to turn over a greater percentage of their earnings to the State, but not one which is just. Some people argue that the wealthy actually live on a different percentage of their income, than say, a poorer middle-class person, and are less affected by higher taxes. Whether or not this is factually accurate, it hardly justifies the majority deciding what percentage they actually need to live on, or what shall be taken.

“The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities.”  

-Ayn Rand

Essentially, Measure 66 and all progressive taxes, agree that it is right for third parties (lawmakers or the majority of voters) to determine for other individuals (first parties) what constitutes ‘enough’ income to be taxed at a higher rate. Of course I believe in representative government, but only one which represents the whole equally as individuals, and not one group of citizens vs. another based on class criteria.

Furthermore, I cannot think of a real justification for choosing $250,000, other than the assumption that this amount of money is high enough that a) the taxed party doesn’t need the money, or can ‘afford it’, and b) it won’t effect the majority of people voting to pass the Measure. The first reason subtly agrees that a progressive tax is unjust – but then attempts to rationalize it. And the second is nothing more than shrewd politicking.

The unfortunate consequences of Measure 66 passing or failing are real, and shouldn’t be minimized. If it passes – I believe that it will have an unseen negative effect on jobs (which are already in terrible shape) throughout the state. But there is no doubt – if it fails, it will certainly have a seen negative effect on teachers and schools. As with most government policy – we are left to vote on a loose-loose measure. If anything – this illustrates another simple truth about life:

“There are no solutions; there are only trade-offs.”

-Thomas Sowell

As I mentioned in the beginning – in no way could I judge anyone for voting one way or the other on this measure.  The trade-offs of Measure 66 (as well as 67) are difficult to judge, but neither are without negative consequences. I can only state my own judgment and reasoning. Personally, I think 66 represents a deeply flawed vision of society and law. I am not arguing that people who vote for 66 are necessarily approving this vision. However, I believe that American society should be ‘progressing,’ or moving away from laws which divide citizens by class and set up one group against another. I think Bastiat again rightly illuminates this issue:

“But, unfortunately, law by no means confines itself to its proper functions. And when it has exceeded its proper functions, it has not done so merely in some inconsequential and debatable matters. The law has gone further than this; it has acted in direct opposition to its own purpose. The law has been used to destroy its own objective: It has been applied to annihilating the justice that it was supposed to maintain; to limiting and destroying rights which its real purpose was to respect. The law has placed the collective force at the disposal of the unscrupulous who wish, without risk, to exploit the person, liberty, and property of others. It has converted plunder into a right, in order to protect plunder. And it has converted lawful defense into a crime, in order to punish lawful defense.”

- Frederick Bastiat, The Law

I realize that this opinion may seem grandiose and/or ideological. But I simply believe that the greater trade-off in the long-run is not just “education vs. jobs”, but a free people, and a system of just laws. And I think it is a serious problem that we have lawmakers who write policy of this nature. 

The unanimous Declaration of the thirteen united States of America

When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.–Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

He has refused his Assent to Laws, the most wholesome and necessary for the public good.
He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.
He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.
He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public Records, for the sole purpose of fatiguing them into compliance with his measures.
He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.
He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.
He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.
He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers.
He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.
He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance.
He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.
He has affected to render the Military independent of and superior to the Civil power.
He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:
For Quartering large bodies of armed troops among us:
For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States:
For cutting off our Trade with all parts of the world:
For imposing Taxes on us without our Consent:
For depriving us in many cases, of the benefits of Trial by Jury:
For transporting us beyond Seas to be tried for pretended offences
For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies:
For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:
For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.
He has abdicated Government here, by declaring us out of his Protection and waging War against us.
He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people.
He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.
He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.
He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

Nor have We been wanting in attentions to our Brittish brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.

We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.

The president is making sense
Ezra Klein and Matthew Yglesias both catch President Obama making sense on the public option:

QUESTION: Wouldn’t that drive private insurance out of business?

OBAMA: Why would it drive private insurance out of business? If private insurers say that the marketplace provides the best quality health care; if they tell us that they’re offering a good deal, then why is it that the government, which they say can’t run anything, suddenly is going to drive them out of business? That’s not logical.

Making Sense? I respectfully disagree. Obama’s answer conveniently leaves out some important economic factors.

President Obama asks, “Why would it drive private insurance out of business?”

The answer is simple:

1. Because the government operates outside the market and price system and therefore has the unique ability to artificially set their price below the competitive market (something private insurers do not have the power to do, because their price is determined by supply and demand). Contrary to popular belief, Prices in the free market are not set arbitrarily. This is easily demonstrated by Craigslist. I recently tried to sell a rather ugly southwestern style kitchen table for $200. I actually figured that it probably wasn’t worth that, but I thought I would try it and see if I got any bites. No Response.
   Soon – I lowered the price to $150. Nothing.
   Finally, I lowered it to $100 and I sold it fairly quickly. You can see that I could not sell the table for more than it’s actual real-world perceived value. I didn’t really set the price at $100, rather, low demand for the ugly table did.
2. Also – the government is funded through non-voluntary trading – by taxation, thus has no competition, no bottom line, no incentive, nor any reason whatsoever to function efficiently. Nor do they have any real incentive to provide ‘better health care’ (In a public system – someone in an office, who knows nothing about you, will determine the policy of what is considered ‘adequate’ healthcare based on what – Statistical data?) since you don’t get to choose to pay (essentially, vote with your dollars) for their service. Only the government has the power to force you to pay for their service, whether you want it or not. Private industry has to offer you something you value more than your own money, to earn your business.
3. Finally, the fact that most people falsely perceive government options as “free,” basically guarantees overwhelming popular and political capital for an idea that you cannot choose not to pay for. Even if the actual outcome of such a program is poor, the majority of voters will subscribe to the nice sounding idea that everyone should receive health care. It is, after all, a noble sounding ideal – but unfortunately, when measured against history, or any kind of actual economic cost/benefit results – it fails.

I would expect Paul Krugman, Ezra Klien, Matthew Yglesis, and President Obama to know better, but political capital is so much easier to get excited about, than the, rather, wet blanket that is economic reality. It’s time (yet again) for one of my favorite quotes:

“The first lesson of economics is scarcity: there is never enough of anything to fully satisfy all those who want it. The first lesson of politics is to disregard the first lesson of economics.”
-Thomas Sowell

You cannot buck economic forces. In my view – they are as consistent and absolute as the laws of Mathematics. Yet they seem to be the first to be disregarded in the face of an idea that sounds really satisfying.

I have written much more extensively on this here: Healthcare: Economic Reality vs. Political Capital

I have only a couple quick thoughts on this video.

First, Prager mentions ‘Inalienable’ Rights – when the Declaration of Independence actually declares ‘Unalienable’ Rights. Today, these terms are often used interchangeably, but there is a subtle important difference which I wrote about before. This is a minor difference for sure, but I think it is still a useful one to understand.

Also, while some Atheists may take serious issue with value #2, I think there exist reasonable philosophical systems for non-God based values (such as Ayn Rand’s Objectivism) that may support the idea of ‘Unalienable’ Rights. I don’t have the time (or the desire, frankly) to write a thorough discussion on that topic here. At the very least we can say that, in America, it is the Atheist’s Unalienable Right not to believe in a God based system. That right is inherent and essential (incapable of being given up, or taken), and must be protected and defended in just the same way as, say, my own Christian belief system.

Other than that, I think Prager does a nice job outlaying some of the basic American values. Hopefully, his future videos will be as informative and positive as this.