Archives for category: Constitutional Concerns


It is apparent that dark-skinned Africans have no especial gift for government. Governments headed by blacks in America as well as in the “Dark Continent” are almost (but not quite) universally corrupt, violent, tyrannical or just plain crazy.

And their people are the poorer for it.

And, sadly, nastier — it has gotten quite bad even in the once-rich South Africa:

Racist whites extrapolate a lot of very racist conclusions from all this. But perhaps we should draw a very different kind of conclusion. It seems clear to me that folks of African descent thrive best on limits, sure — but what if those limits were to become the limits that liberty provides . . . that is, real freedom and individual responsibility? Instead of tyranny, authoritarianism, and cruel exploitation, swap the harsh limits set by common forms of outrageous force with the civilized use of defensive force, rigorously limited by the limits that liberty itself prescribes.

Might not it be from Africa that the libertarian future shall proceed?

After all, a gift for government is not a univocally good trait. It implies both soft tyranny and chilling servility, an irrational willingness to accept deep hierarchies and jury-rigged ideologies. So if Africans seem ill-adapted to modern society, maybe they are telling us something about our own institutions. Perhaps they corrupt modern “democratic” forms of governance so completely not merely because they themselves are so susceptible to violence, corruption and tyranny, but because our forms of governance are so readily corruptible.

Blacks are ill-served by modern government because it is so statist.

The Molinarian vision of contract-based government, with its competing institutions of protection, insurance and adjudication, might find its most fertile ground in black-majority societies. And from there the ideas and institutions might spread.



The more diverse a people are — the greater the variety of ethnicities, languages, cultures, folkways — the less extensive a government they can peacefully share. Real diversity requires limited government. Only in monocultural societies can robust, Leviathan government remain sustainable for long.

The reasons for this are not hard to fathom. The chief of these is the tragedy of the commons.

A government in the form of a republican State (a “liberal democracy” as it is sometimes called) is conceived of by most of its proponents as a shared resource, established for the good of all — a “commonwealth.” But common resources require regulation to prevent individuals and groups from abusing and over-using the resources — that is, adapting to the common resource opportunities by gobbling up more for themselves than for others. And by “adaptation” I mean altering their behavior and their way of life to enable them to secure more common resources. And, as anyone with a lick of sense knows, self-regulation would be ideal. It’s the least expensive way to maintain the institutions, secure their long-term viability. Hence the importance of a monoculture.

enjoy-capitalismAristotle wrote about this. But I haven’t read Politics in 40 years, so I forget if the great philosopher applied the commons problem idea to the form of government itself. (I will let someone else look it up, or just tell me.) Economist W.F. Lloyd wrote about this in the 1830s, and ecologist Garrett Hardin made it famous in the “tragedy of commons” phrasing in our time. Hardin applied it to environmental resources, but it also applies to State-marshaled resources of any kind, including wealth obtained from taxes. Public Choice economists have been working on these problems for about the period of my lifetime, though Vilfredo Pareto clearly understood it in his critique of socialism at the beginning of the 20th century.

It was this idea that helped lead me to prefer limited government as a general policy in the first place. It should be easy to see that the more similar people are, the more likely they are to forgo overusing public resources. Why? Out of kinship altruism. But this sort of forbearance is harder to generally maintain in diverse populations, so there is a tendency for welfare states to turn into “churning states,” where the web of “everybody trying to live at the expense of everybody else” becomes so complicated that no one really knows who the net benefactors and net beneficiaries are. This leads to poltical strife, and … our present situation.

IMG_2027The Scandinavian states have been moderately successful with a robust redistributive state in large part because they have been so genetically and culturally uniform. And yet, over time, the moral probity that prevented overuse of common resources has waned, and permanent dependent classes have formed. Oddly, these countries have been importing these dependent classes, too, mainly from Muslim countries, so I expect these states to fall or undergo some significant kind of revolution in a generation or two.

Note, then, how wrong today’s progressives are. Driven by liberal piety, they insist upon diversity. And yet their politics is one of class division combined with socialistic government growth, which undermines sustainability. It is inherently contradictory.

More contradictory yet is their internationalism. Nationalism — indeed, ethnonationalism — is the surest sustainable way to keep welfare states going in the long run. So progressives are wrong and the so-called “alt-right” is definitely correct. If you want extensive state action, you need to draw boundaries along ethnic or “racial” lines. And indeed we find that alt-right maven Richard Spencer, after scratching the surface of his poses, has proven to be an ardent supporter of the welfare state.

Now, there are several other ways (serving as alternatives to ethnonationalism) to counter-act this commons-overuse problem. The chief method, in our time, has been consumerism. Consumer culture has broken down ethnic divisions, and can indeed make populationsmore uniform the better to be ruled by — and encourage support for — an extensive “welfare state.” And once again we find progressives utterly on the wrong side, for they pretend to be against consumerism, and their hatred for big business works against the only cultural factor that could possibly make the politics of social democracy work in a diverse population.

For my part, I prefer actual diversity, and believe that a rule-of-law-based polity is the way to go, so I oppose both the pathetic alt-right and the contradictory mishmash philosophy of progressivism.

Yes, I’m a real liberal. I do not just spout liberal pieties, as does today’s left, but I embrace the liberal spirit of tolerance of diversity, which the left, today, does not (their class warfare version is faux-diverse, and in fact promotes commons overuse). And I also wish to establish long-term social institutions, not institutions subject to takeover by special interests and run along exploitation lines. Democracy in a welfare state is as contradictory as a welfare state in a diverse society.

So, you may have guessed it: diminishing the scope of democratic action is another way to control overuse of common resources. On the left this is done by seeking to limit lobbying of government (a basic right under our Constitution) and setting up of complex bureaucracies and guilds of power, immune to electoral shock. On the right we have . . .

Donald Trump.

IMG_1929Trump sure seems anti-democratic, and that is a possible solution to save the welfare state from its most hysterical advocates and its abuse from group interests at the public trough. And, let us admit, that is precisely what modern conservatism is all about: saving the welfare state from the progressives and their insane prodigality. (Conservatives do talk about building down the welfare state, but that’s just their piety; it does not seem to be a real goal. Demonstrated preference tells us this.)

Since I’m not a conservative, you see why I dislike both political parties and the major factions within them. And why I don’t get on board with Trumpism.

I can find Trumpism funny, however. Why? Because modern ideologies are so incoherent that Trump serves as the cutter of Gordian Knots; he’s the Mule (as I’ve said any times); he’s the Loki figure. Whether this will save the welfare state, or bring it down faster, I do not know. While we wait to see what happens, Trump’s bizarre antics entertain.

He and we fiddle as the Empire burns.



All that is necessary for evil to triumph is for good men to do nothing and for the State to do something.



The great liberal insight was that social order need not depend on submission to hierarchy but on reciprocity, instead — a reciprocity of peace and liberality and tolerance.

IMG_2863When the Other refuses to reciprocate on those grounds, however, then we have a state of war, where we must reciprocate belligerence for belligerence.

This is clear in the writings of Herbert Spencer — what with his distinction between the militant and industrial forms of coöperation and social cohesion — but it is even clearer among today’s evolutionary psychologists (EP) and sociologists (sociobiologists).

Liberal theory — and, after it, libertarian theory — sidetracked the reciprocity issue by reifying rights into a metaphysical realm, and positing their inalienability. This had some political advantages in its heyday, but nowadays prevents people from dealing with the actual advantages of liberal solutions. It rigidifies thought, of course, turning libertarians into philosophical dogmatists. But, worse yet, it throws the problem of conflict resolution to the authoritarians.

IMG_2104Hence the modern impasse. Libertarians are still trapped by inalienability theories, and progressives are locked out of access to the basic notions of conflict avoidance, which makes them crazed. And conservatives and “liberals” waffle between reciprocal and authoritarian solutions depending on the issue, or the politics of the moment. This makes their policies incoherent at best.

And the people, in general, have become utterly disenchanted with all sides.


img_2320This morning I disengaged from the closed-but-unmoderated Libertarian Facebook group that my friend James Littleton Gill has promoted in the past. Why? It mostly consisted of posts about how libertarians are racist and really like or approve of Nazis. Yikes.

Apparently, if you set the cost of joining a group at FREE, and don’t vet anything, then, why, your enemies will ruin it!

Wow. Who would have thought!

It is almost as if private property and the legitimate threat of expulsion serve a function. In a free society. Read the rest of this entry »

img_3595-1One of the reasons I refused to vote for Trump: the fear that he would escalate the War on Drugs as well as the much-less ballyhooed (but perhaps even more pernicious) War on Property. And now it has begun in earnest.

“U.S. Attorney General Jeff Sessions threatens to make himself one of the biggest threats to your liberty,” writes Paul Jacob. “President Donald Trump’s pick for Attorney General just promised to encourage police departments to seize the personal property (cars, houses, cash) of criminal suspects.”

IMG_3918And the new Attorney General has delivered. Sessions has rolled out his new policy, claiming that “President Trump has directed this Department of Justice to reduce crime in this country, and we will use every lawful tool that we have to do that,” Sessions said. “We will continue to encourage civil asset forfeiture whenever appropriate in order to hit organized crime in the wallet.”

But the vast majority of civil asset forfeitures are directed against people who have never been charged with a crime.

It is normal Americans who have been “hit in the wallet.” Besides, as Paul Jacob put it, “No one is a criminal, before the law, until proved in court. Taking away property to make it harder for suspects to defend themselves — which is what RICO laws and other Drug War reforms intended to do — is obviously contrary to the letter of the Fourth and Fifth Amendments as well as the spirit of the U.S. Constitution.”

This is a complete return to police state practices, an amazing flouting of the rule of law, an affront to both liberal civilization and conservative caution.

The fact that our police and local governments engage in any practice that confiscates property without trial is so egregious it is hard to know where to begin.

Though Trump’s AG, Jeff Sessions, is the one advancing this practice, it is worth noting that Obama’s first AG, Eric Holder, demonstrated his sole restraint in a minor pulling back from “adoption,” the not-very-common process of taking over confiscation prerogatives from state and local governments. Reason’s C. J. Ciamarella explains that politic jurisdictional finagling pretty well . . . and the “logic” of the share-out spoils system, too: “Law enforcement groups say asset forfeiture is a vital tool to combat drug trafficking and other organized crime, and they argue the equitable sharing program provides essential funding for police equipment. The body armor used by police at the Pulse nightclub shooting in Orlando, one attendee at Wednesday’s meeting noted, was bought using equitable sharing funds.”

I have a cheaper, more Constitutional solution that may very well have prevented the extraordinarily high Pulse body count: allow nightclub (and other public business) personnel to conceal carry the weapons needed to take down mad jihadists. That is, reëstablish gun rights everywhere — definitely not rely upon militarized police phalanxes.

We have every reason to be disgusted with Sessions and Trump. But let us not forget that the Obama Administration was actually quite bad on this, too — as it was on so much else. Over the last ten years $3.2 billion in assets were confiscated from people not even charged with a crime.

Think about it, then ask yourself: what would Thomas Jefferson do?

One thing, he wouldn’t be voting Democrat or Republican.

Jefferson started a new party over a similarly insane and unconstitutional federal government practice.

What shall it be, then? A “Liberal Whig” Party? A Responsibilitarian Party? The Receivership?


N.B. Image of Sessions is by James Gill and has been nabbed from Paul Jacob’s Common Sense site. Below is a screenshot of a post by one of my pro-Trump friends on Facebook:


On my old hand-scripted blog Wirkman Netizen — now decommissioned — I wrote a longish post  about the slogans “Taxation Is Theft!” and “Taxation Is Robbery!” and took the contrary-to-my-comrades position. Since the main essay is offline, I guess I should repost it, here. My points are somewhat technical, but my aim is practical. Which might make it hard to categorize.


Taxation Is Not Theft

Libertarians are too fond of slogans such as “Taxation is Theft” and “Taxation is Robbery.” They get quite a charge out of such maxims. And, with these maxims, they do manage to get a good idea across to some people, people who come to see that taxation is, indeed, a form of expropriation, and that it is analogous to forms of theft such as robbery, and that maybe we can do better.

Perhaps we can pay for public goods without engaging in extortion and expropriation.

But to people who really want those public goods, and who are capable of elementary distinctions in language, they are not convinced by these slogans. They are put off by them.

And they have good reason to be. Taxation is not theft. Not really.

Taxation is the expropriation of private property according to an established rate, as put into law by an established state.

Robbery and other forms of theft are illegal kinds of expropriation, and piecemeal at that. Taxation is a legal kind of expropriation.

To many libertarians, this distinction is not much of a distinction at all. They have pretty much thrown out the distinctions between legal and illegal, and are in a continual revolutionary mode of thinking, ready at a moment’s notice to throw out whole chunks of the rule of law and state practice.

So of course they equate all kinds of expropriation.

Well, not all, since libertarians do support some forms of expropriation. They have no trouble expropriating the loot of thieves from thieves, after court adjudication. And they have no trouble expropriating from a person found liable, in court, to a tort claim.

They just don’t support taxation.

My Contention: The main reason radical libertarians will not get anywhere is their complete lack of understanding of the normal mindset, which is not constantly in revolutionary mode. Radical libertarians who trot out slogans such as “taxation is theft” do not address the respect a non-revolutionary has for the rule of law.

Indeed, because of this revolutionary stance — and I’m not talking about physical, bloody revolution so much as a particular stance regarding ideas and consent — these libertarians cannot deal with normal folk.

They offend normal folk; libertarians often (and with good reason) strike normal citizens as lunatics, perhaps dangerous lunatics.

This is one reason why I choose my words more carefully — or at least differently— than radical libertarians. I wish to address normal folk in normal language. I believe it is incumbent upon me to make every step towards a revolutionary mindset clear. I wish to pull no wool over any eye. I believe we have to approach greater liberty with complete honesty. No rhetorical trickery.

And I regard slogans such as “taxation is theft” as something close to rhetorical trickery.

It may be that we will someday be able to support all worthy public projects without any taxation.

But however we manage to do this (and I’ve lots of ideas, not limited to simple slogans like “the market will take care of it”), it will have to be done within the framework of the rule of law.

And people in such a future society will have to regard the means used at that time in something other than constant revolutionary mode. Even if they can think of better ways, they will have to show some respect for the rule of law of the day.

As libertarians, by and large, do today. Most pay their taxes, if grudgingly. They are revolutionists only in speech.

Hypocrisy? Not really. But, as I’ve argued before, if it is, then this kind of hypocrisy is better than stupid, feckless revolt, or the sad parade of individualist martyrdom.

This all came to mind in the debate I mentioned on David Friedman’s Ideas blog. Writing on No Treason, John T. Kennedy has this to say about the debate:

In a comment to Friedman I point out that he has called taxation robbery and robbery is widely considered unattractive and indefensible. Does this mean that in using the word “robbery” Friedman dishonestly mischaracterized the motivations of all who support taxation? No, he correctly characterized the act of slavery.

I must add some precision here: Expropriation is not an act of slavery, but merely that, the taking of property. Slavery is the most extreme type of expropriation, perhaps, being the theft of one’s autonomy and practical ability to choose and move about, and ability to hold property justly acquired (or not). But slavery, the most extreme crime against liberty (just as murder is the most extreme crime against life), is only by analogy an act of theft.

Further, if Friedman has used the phrase “taxation is robbery,” he may indeed have erred. Not so much in terms of dishonesty, but in missing a whole element of society that most non-revolutionaries accept without much thought, but which libertarians too often rule out of consideration, give little or no thought to.

So, what is taxation again? Taxation is like theft, in that it is expropriation. But the state is not “just like a group of robbers and bandits.” It is distinct. It gains the general, practicing consent of the bulk of the populace. Most citizens of modern states remain unable to see how they can manage without the state, and many, perhaps most, treat it as a major source of their own well-being.

This makes a difference. Why? Intentions do make a difference. They add a level of meaning to interaction.

To call the state, either pointedly or by implication, nothing better a group of bandits, is to misunderstand it, first, and to antagonize its supporters, second. The “taxation is theft” mantra does more than just imply that “the state is a robber band.” Why? Because everyone knows that the power of the state comes from taxation. That is the basic power, the foundation of the rest. That is why, in fact, one of the basic powers that the colonials wished for their states, in union as well as separate, when they seceded from Britain in 1776, was the power (indeed, right) to tax.

How much better to avoid the mantra, and say something like this: “Yes, too often, the state does behave like bandits; too often its very mode of existence encourages a banditry ethos in society, making us all worse off through internecine expropriation and conflict.” By toning down the language of invective a bit, we go back to simile and revert from bold metaphor treated as stark, unliterary truth.

After all, “Taxation is theft” is a metaphor. It is not a logical identity. To presume such is to engage in a philosophical error, and to misunderstand a crucial element of normativity in society.

Libertarians will not succeed until this error is consistently avoided, and a more reasonable dialectic becomes dominant in the movement — that is, a more reasonable and nuanced way of dealing with those people whom libertarians say they want to convince.



This has appeared twice on the Net before, at and [dead links]

Brian Doherty discussed it briefly on Reason’s Hit and Run.

I discussed it on video, in my usual semi-coherent fashion, here:

And last year I discussed this essay, quoting it in part, here: “Taxation Is…

usmapAs I often contemplate, these days, the dissolution of these United States into their several units, and their subsequent accession into new unions and (perhaps) a new union of unions (putting, of course, the current federal republic into receivership), the future complexion of these states — and the distribution of their separate unions — often weighs upon my mind.

The most obvious map would reflect “blue” and “red” state differences. But perhaps the country should be re-arranged on more cultural, less political, grounds.

Like this. The separate unions would be Soda States of America, Pop States of America, and Coke States of America, etc.


Yes, this is mere whimsy.


A late, lamented neighbor of mine once defined “just war” as “mere war.” That was a quip.

A rather cynical one.

When I read just war theory, as a teenager, the most important point, I determined (in this rarefied and rarely consulted domain of thought), was this:

In contemplating intervention into a conflict with which one’s own country is not directly involved, it is not enough merely to determine which side is more nearly in the right. One must also have good reason to believe that, by intervening, one’s State could win and establish a stable and  just peace.

Even if you know who is in the wrong, if there is no likely way of “winning,” or if one’s intervention is not likely efficacious to establish a peace, entering into the conflict is immoral.

A recent study of just war theory and history by Laurie Calhoun suggests that most uses of the tradition, especially in recent times, have been to cover for gross, murderous immorality. Not to limit warfare.

As near as I can make out, this is largely because the tradition is almost never treated seriously or rigorously in the manner indicated above.

It is telling that I have not once heard, in recent public discussion over the Syrian intervention, one mention of just war theory.



Less than a week after Trump’s wiretapping charge, the new WikiLeaks exposure hit — which detailed the vast abilities and routine practice of the CIA to intercept phone calls and audio- and video-chats, as well as hijack laptops, tablets, smart TVs, smartphones and automobile computers — but almost no who had started out ridiculing Trump let up. Astounding.

Now, Dennis Kucinich brings not irrelevant testimony that should squash the ridicule. “I can vouch for the fact that extracurricular surveillance does occur, regardless of whether it is officially approved. I was wiretapped in 2011 after taking a phone call in my congressional office from a foreign leader.”

The former representative tales the tale, now, for the first time. He is pretty sure that, in contravention of the separation of powers, U.S. “intelligence” recorded a conversation he had with a Son of Qaddafi, and then leaked it to the Washington Post. His confidence seems reasonable. He is not talking out of school. His inference that it was an “American intelligence agency” seems more than sound. Besides, he writes, “which foreign intelligence service conceivably could have been interested in my phone call, had the technology to intercept it, and then wanted to leak it to the newspaper?”

Kucinich makes clear that he is no supporter of our current president. But he is obviously somewhat shocked by the ease with which his fellow leftists have embraced a pro-CIA/NSA/alphabet soup narrative:

I have never gone public with this story, but when I saw the derision with which President Trump’s claims were greeted—and notwithstanding our political differences—I felt I should share my experience.

When the president raised the question of wiretapping on his phones in Trump Tower, he was challenged to prove that such a thing could happen.

It happened to me.

For anyone to mock Trump about his belief in illegal wiretapping? Amazing.

Sure, Trump’s an ass. But he is a smart one, playing us. And on government surveillance, he has certainly stumbled into one of the horrible truths of our Age Of Snowden: the Deep State has gone rogue.

You are not safe from the State.

Not even the President is safe from it. If you think the President is “in charge” and therefore safe, you may want to update your model of “our living constitution.”

All this is the result of a hundred years of laxity, even perversity, allowing the administrative state to grow out of bounds of the written Constitution.

Well, more than a century. The Constitution broke long before Teddy Roosevelt and Woodrow Wilson and World War I. But it has been made an outright mockery of its old self in our time, and both political parties are responsible. For the administrative state they created and fed — the bureaucracies — constitutes the permanent government.

And it is upon this permanent government that Constitutional government — the legislative, executive and judicial branches — appears as surface phenomenon. A particularly noticeable type of scum.

Constitutional government is well on its way to becoming the epiphenomenon of the real government.

That the President of these United States would unceremoniously blurt this truth out in public is, well, interesting for many reasons. I know that many of his supporters will take this occasion as “proof” that their Savior will clean the swamp that is The Deep State.

I remain skeptical.