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	<title>Who Plans Whom? &#187; nullification</title>
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	<description>Who plans whom, who directs and dominates whom, who assigns to other people their station in life, and who is to have his due allotted by others? — F.A. Hayek</description>
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		<title>Idle Tea Party Politics</title>
		<link>http://www.whoplanswhom.com/blog/2010/idle-tea-party-politics/</link>
		<comments>http://www.whoplanswhom.com/blog/2010/idle-tea-party-politics/#comments</comments>
		<pubDate>Mon, 20 Sep 2010 17:00:37 +0000</pubDate>
		<dc:creator>Justin Oliver</dc:creator>
				<category><![CDATA[Activism]]></category>
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		<guid isPermaLink="false">http://www.whoplanswhom.com/?p=758</guid>
		<description><![CDATA[<p>I attended the Wake Up America Tea Party in Fort Worth on Saturday as part of a nationwide tea party event. While volunteering at the <a href="http://www.campaignforliberty.com/">Campaign for Liberty</a> booth, I got a lot of positive reaction talking with attendees about conventional constitutional ideals.</p> <p>I knew there would be a fair share of Republicans hitching [...]]]></description>
			<content:encoded><![CDATA[<p>I attended the Wake Up America Tea Party in Fort Worth on Saturday as part of a nationwide tea party event. While volunteering at the <a href="http://www.campaignforliberty.com/">Campaign for Liberty</a> booth, I got a lot of positive reaction talking with attendees about conventional constitutional ideals.</p>
<p>I knew there would be a fair share of Republicans hitching onto the liberty message, so I thought it was important to present a more comprehensive small-government message, even if I do not subscribe to those views myself. Mostly, I emphasized the importance of decentralizing political power and scaling back American foreign policy.</p>
<p>I was there with Debbie McKee, the CFL state coordinator in Texas, and her daughter Adrienne. Our most popular item was CFL&#8217;s newly released pocket constitution that included the Declaration of Independence and the Kentucky and Virginia nullification resolutions written by Thomas Jefferson and James Madison, respectively.</p>
<p>A few people scoffed when the saw Ron Paul&#8217;s <em>Revolution</em> or <em>End the Fed</em> on our table. We also had Bruce Fein&#8217;s new book <em>American Empire</em>. (I have not read Fein&#8217;s book, but here is <a href="http://antiwar.com/radio/2010/07/20/bruce-fein-3/">an interview</a> with Scott Horton on Anti-War Radio.) However, many more I spoke with expressed that they thought the government&#8217;s belligerent foreign policy was doing more harm than good.</p>
<p>The most talked-about speakers were Bridgette Gabriel, who preached the dangers of &#8220;<a href="http://en.wikipedia.org/wiki/Brigitte_Gabriel#Arab-Israeli_conflict">Islamic supremacism</a>,&#8221; and conservative commentator Ann Coulter. They received the loudest applause lines I heard from the booth outside the auditorium. From <a href="http://thewhitedsepulchre.blogspot.com/2010/09/wake-up-america-tea-party-rally-tarrant.html">a post</a> on &#8220;The Whited Sepulchre,&#8221; Gabriel asked all the military veterans to stand and take an applause, which garnered a thunderous applause. The veterans obediently remained standing well into her speech.</p>
<p>Debra Medina, the founder of We Texans, <a href="http://www.youtube.com/watch?v=XTylB2lHNvY">spoke</a> of the declining freedom in Texas. She said that Texas has went from a top-10 state in terms of economic freedoms and has fallen 23 spots to 31st in the nation since Rick Perry has been in governor&#8217;s office. Despite an impressive showing against establishment candidates in the Texas Republican gubernatorial primary, Medina had a distinctly less friendly reception because she highlighted that conservative rhetoric does not match the empirical evidence of a decade of Republican rule in Texas.</p>
<p>A few minutes before I was planning to leave, a man who described himself to me as a &#8220;constitutional conservative&#8221; wandered to the CFL booth and said he did not want to listen to Coulter. I gave a sympathetic nod. He said that he wanted nothing do with the Coulter and went on the explain that she attends meetings with pro gay-rights groups. That, he said, was unacceptable.</p>
<p>He talked about the source of this information, and how a website had been tracking Coulter for the past 18 months. As I recall, he went on to say &#8220;There is no place in the Republican Party for homosexuals or anybody with them.&#8221; From my reading of the <a href="http://www.rawstory.com/rs/2010/06/tx-gop-platform-jail-mexicans-criminalize-sodomy-gay-marriage-felony/">state party platform</a>, he is probably right. I guess he felt comfortable confiding this nugget of bigotry with those of us at the booth.</p>
<p>I kindly asked if he supported making it illegal to practice homosexuality. Without hesitating, he said he would and that it already is according to the Bible. I asked, then &#8220;would you think that all sins should be made illegal under political government?&#8221; So I asked about divorce. I went on the say that the Bible calls divorce a sin, and I asked if he thought it should be illegal too.</p>
<p>He danced around the question, so I asked again. He said that couples who have underwent counseling before marriage and before splitting up should be allowed to divorce on the condition that they would forfeit custody of their children to already-married couples.</p>
<p>After some prompting, he reiterated that the Republican Party was a party for Christians only, and that I would have to do some &#8220;soul searching&#8221; before becoming a genuine Republican, which I have no desire of becoming anyway. He said I should become a Democrat instead. I didn&#8217;t bother telling him, but neither sound that appealing. I should have told him, &#8220;<a href="http://www.youtube.com/watch?v=tuDJmVkPYpw">Fuck You (Very Much)</a>.&#8221;</p>
<p>Completely devoid of historical evidence, he then went on to explain for a second time that libertarianism and socialism were spawned by Karl Marx in &#8220;his communist books&#8221; and the political environment of revolutionary France.</p>
<h2>Tea Party Reflections</h2>
<p>The tea party has no founding principles on which the movement is based, and most of its grassroots members are political newcomers who have a deep-seeded resentment for the direction that the country is going. It does not take long to realize that the government has been royally screwing up, and not just for the last 20 months.</p>
<p>Originally, the tea party movement was focused on excessive government spending as a reaction to the bailouts of the same large financial bodies that enabled the current economic collapse. The loudest voices were crying &#8220;<a href="http://www.youtube.com/watch?v=zbyFeFhUTmI#t=0m44s">Socialism</a>&#8221; when Barack Obama was just adding to the same policies of his predecessor. Even still, so long as the movement was a reaction to fiscal mismanagement, there was some possibility that it would affect positive policy changes. But more and more, the tea party has less to do with battling run-away spending than it does with embracing cultural conservatism. The undertones of the currently embodied movement are based in the fears of white Christians of losing political power, fear that the same government many white Christians have exploited to their own advantage will be turned against them. &#8220;<a href="http://www.youtube.com/watch?v=ht8PmEjxUfg">To take back our country</a>.&#8221; That is the root cause for the present wave of backlash against Muslims and immigrants.</p>
<p>A <a href="http://depts.washington.edu/uwiser/racepolitics.html">poll</a> [<a href="http://depts.washington.edu/uwiser/mssrp_table.pdf">PDF</a>] published in March from the University of Washington said that those who strongly support the tea party had more hostile views of gays, racial minorities and immigrants. <a href="http://depts.washington.edu/uwiser/racepolitics.html">On average</a>, tea party supporters consistently thought less of the intelligence, trustworthiness and work ethic of blacks and Latinos than did the average Republicans. In a separate poll [<a href="http://depts.washington.edu/uwiser/Tea%20Party%20Chart%20%5Bpdf%5D-1.pdf">PDF</a>], and for all their talk about liberty, supporters of the tea party were far more likely to favor indefinite detention without trial of anyone accused of a crime, less privacy, and racial profiling. They were also less supportive of equal rights.</p>
<p>Even for the self-described constitutional conservative I talked with, he was more than willing to set aside any pretence of a modern society for an opportunity to enforce his morality on peaceful people. The momentum I witnessed Saturday will springboard into big electoral gains for Republicans, including many of the same responsible for this mess, in the mid-term elections. It will not amount to many policy changes for more liberty. No major tea party candidate is calling for cuts to any of the largest expenditures, not the military empire nor entitlement programs like Social Security.</p>
<p>It is a sad reality, but the ditching of any libertarian sentiments is inevitable so long as tea partiers are concerned with gaining the reins of power instead of abolishing that power altogether.</p>
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		<title>August’s (Brief) FIJA Recap</title>
		<link>http://www.whoplanswhom.com/blog/2010/augusts-brief-fija-recap/</link>
		<comments>http://www.whoplanswhom.com/blog/2010/augusts-brief-fija-recap/#comments</comments>
		<pubDate>Mon, 23 Aug 2010 21:00:42 +0000</pubDate>
		<dc:creator>Justin Oliver</dc:creator>
				<category><![CDATA[Aside]]></category>
		<category><![CDATA[Alliance of the Libertarian Left]]></category>
		<category><![CDATA[FIJA]]></category>
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		<category><![CDATA[nullification]]></category>
		<category><![CDATA[Tarrant County]]></category>

		<guid isPermaLink="false">http://whoplanswhom.com/?p=752</guid>
		<description><![CDATA[<p>Of what there was to report, there is <a href="http://dallas.libertarianleft.org/blog/2010/08/recap-fija-literature-distribution-3">a recap</a> of a Fully Informed Jury Association (FIJA) outreach event in Tarrant County on the DFW Alliance of the Libertarian Left&#8217;s blog.</p>]]></description>
			<content:encoded><![CDATA[<p>Of what there was to report, there is <a href="http://dallas.libertarianleft.org/blog/2010/08/recap-fija-literature-distribution-3">a recap</a> of a Fully Informed Jury Association (FIJA) outreach event in Tarrant County on the DFW Alliance of the Libertarian Left&#8217;s blog.</p>
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		<title>July&#8217;s FIJA Outreach</title>
		<link>http://www.whoplanswhom.com/blog/2010/julys-fija-outreach/</link>
		<comments>http://www.whoplanswhom.com/blog/2010/julys-fija-outreach/#comments</comments>
		<pubDate>Thu, 22 Jul 2010 21:55:20 +0000</pubDate>
		<dc:creator>Justin Oliver</dc:creator>
				<category><![CDATA[Activism]]></category>
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		<guid isPermaLink="false">http://whoplanswhom.com/?p=733</guid>
		<description><![CDATA[<p>For July&#8217;s <a href="http://fija.org/">Fully Informed Jury Association</a> activism, I helped distribute about 270 brochures to potential jurors and some county employees. It seemed to be a light jury day. Otherwise, we could have reached more people.</p> <p>Katy and I passed out <a href="http://fija.org/download/BR_2008_QandA_primer.pdf">a different brochure [PDF]</a> this time, “A Primer for Prospective Jurors.” We think it [...]]]></description>
			<content:encoded><![CDATA[<p>For July&#8217;s <a href="http://fija.org/">Fully Informed Jury Association</a> activism, I helped distribute about 270 brochures to potential jurors and some county employees. It seemed to be a light jury day. Otherwise, we could have reached more people.</p>
<p>Katy and I passed out <a href="http://fija.org/download/BR_2008_QandA_primer.pdf">a different brochure [PDF]</a> this time, “A Primer for Prospective Jurors.” We think it is more professional looking in addition to providing some useful tips on answering private questions during voir dire.</p>
<p>Some of the common questions about jury nullification are also addressed in the brochure. For example, “Once on a jury, must I use the law as given by the judge, even if I think it’s a bad law, or wrongly applied?” There are also historic examples of jury nullification being used to right a wrong, like the trial of William Penn.</p>
<p>Following our <a href="http://whoplanswhom.com/blog/2010/04/lawyer-defends-racial-discrimination-during-fija-activism/">previous outreach event</a>, FIJA donated about 1000 copies of literature and other merchandise, so we should be stocked up for a good while. We will set another event for next month. I know I said this last time, but I will make time for a training session sometime for any newcomers who like to attend FIJA events in the future.</p>
<address>Originally posted at <a href="http://dallas.libertarianleft.org/blog/2010/07/recap-fija-literature-distribution-2/">DFW Alliance of the Libertarian Left</a></address>
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		<title>Lawyer Defends Racial Discrimination During FIJA Activism</title>
		<link>http://www.whoplanswhom.com/blog/2010/lawyer-defends-racial-discrimination-during-fija-activism/</link>
		<comments>http://www.whoplanswhom.com/blog/2010/lawyer-defends-racial-discrimination-during-fija-activism/#comments</comments>
		<pubDate>Tue, 27 Apr 2010 17:00:55 +0000</pubDate>
		<dc:creator>Justin Oliver</dc:creator>
				<category><![CDATA[Commentary]]></category>
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		<guid isPermaLink="false">http://whoplanswhom.com/?p=581</guid>
		<description><![CDATA[<p>Monday&#8217;s Fully Informed Jury Association event for the <a href="http://www.meetup.com/cfl-tarrant/">Campaign for Liberty — Tarrant County</a> went beyond expectation. We passed out close to 400 trifolds, had some good conversations and met a total apologist for government aggression and discrimination.</p> <p>So here is the background. Tom and Rafael joined Katy and me downtown at the Tarrant [...]]]></description>
			<content:encoded><![CDATA[<p>Monday&#8217;s Fully Informed Jury Association event for the <a href="http://www.meetup.com/cfl-tarrant/">Campaign for Liberty — Tarrant County</a> went beyond expectation.  We passed out close to 400 trifolds, had some good conversations and met  a total apologist for government aggression and discrimination.</p>
<p>So here is the background. Tom and Rafael joined Katy and me  downtown at the Tarrant County Justice Center on Monday morning. I had never  seen such a large jury pool. The line stretched into the street. We were  not approached by any law enforcement, and everything was going as  expected. Although, one uniformed officer asked what we were doing while waiting for the signal to say walk. I asked if he would like to know about  the rights of jurors. He said he already knew about them.</p>
<p>Well, about the time we were passing out our last few trifolds,  around 7:50 a.m., another group of people walking toward the Justice  Center found their way to our intersection. They appeared to be led by  this woman with an official-looking placard around her neck. In the  video, she identified herself to be a licenced attorney. She was  instructing the group of people with her about the location of  restaurants in the neighborhood.</p>
<p>At first, the lady said she did not want any literature. However,  once people around her started reading our paperwork, she asked for a  copy. Tom said something about judges not informing jurors of their  rights to examine the law, and the lady butted in and said that that was  illegal for jurors to do.</p>
<p>By that time, I got my camera and asked if she would talk about it.  That is when <a href="http://www.youtube.com/watch?v=fEMOYwSgsrk" target="_blank">the video started rolling</a>.</p>
<p>Tom then asked her  a hypothetical about the obsolete three-fifths clause in the  constitution which counted blacks as just a fraction of their actual  population for congressional representation. In the clip, she admits she  would be willing to enforce racial  discrimination laws, among other laws. Tom then turned in disgust to her  answer. What you don&#8217;t see in the video is that she quickly yanked on  his elbow to get his attention. It was not a rough yank, but it was  something that would have gotten some fierce retaliation had we done  that to a government employee.</p>
<p>She suggest that we try to change the law through the legislative  process rather than practicing jury nullification. She did acknowledge  she does not like many of the laws either.</p>
<p>I asked her to respond  to Martin Luther King&#8217;s line that &#8220;An unjust law is no law at all.&#8221; She  said, &#8220;Generally, yes, an unjust law is not law.&#8221; (So I don&#8217;t understand  her reasoning about enforcing obviously discriminatory laws.)</p>
<p>Tom further asked, &#8220;What if I don&#8217;t agree with the law that Jews are  no longer persons?&#8221; She said, &#8220;Then you don&#8217;t sit on a jury that is  judging that question.&#8221; I cringed. I could not believe her response. She  again insisted that we respect the rule of law and work within it to  affect change. Rafael started to question her if the US PATRIOT Act was  just, but she must have misunderstood him and said something about a  trade law.</p>
<p>Tom then gave us some historical examples that we was talking about,  but I had to cut him short because YouTube videos can only be so long.</p>
<p>As I have been informed, the Texas constitution does have some language somewhat favorable toward jury nullification. [Update: <a href="/blog/2010/04/lawyer-defends-racial-discrimination-during-fija-activism/#comment-54">See Chris's comment</a> below for a more detailed explanation.] In the <a href="http://tarlton.law.utexas.edu/constitutions/text/DART01.html">Texas Bill of Rights</a>, it states that &#8220;in all indictments for libels, the jury shall have the right to  determine the law and the facts, under the direction of the court,<em> as  in other cases</em>&#8221; (emphasis added).This would seem to lend itself to support for the right of jurors to determine which laws they wish to have enforced in their communities.</p>
<p>What we plan to do is to prepare and practice delivering talking points about some common  objections and questions we get during our outreach events. I think that  may help overcome some common concerns and also encourage more people  to attend the events.</p>
<address>Image credit: <a href="http://www.flickr.com/photos/wolfgangstaudt/">Wolfgang Staudt</a>, with <a href="http://creativecommons.org/licenses/by-nc-nd/2.0/deed.en">Creative Commons</a> license</address>
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		<title>Rockwell&#8217;s Anti-State Cornucopia</title>
		<link>http://www.whoplanswhom.com/blog/2010/rockwells-anti-state-cornucopia/</link>
		<comments>http://www.whoplanswhom.com/blog/2010/rockwells-anti-state-cornucopia/#comments</comments>
		<pubDate>Mon, 08 Mar 2010 22:55:00 +0000</pubDate>
		<dc:creator>Justin Oliver</dc:creator>
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		<guid isPermaLink="false">http://whoplanswhom.com/?p=487</guid>
		<description><![CDATA[<p>I&#8217;ve got to give <a href="http://en.wikipedia.org/wiki/Lew_Rockwell">Lew Rockwell</a> some much-due credit. He doesn&#8217;t <a href="http://www.lewrockwell.com/podcast/?p=episode&#38;name=2008-07-29_008_the_scam_called_the_state.mp3">shy away</a> from his support for the stateless society. There is no doubt it has cost him support since the &#8220;Restore the Republic&#8221; message has a much larger audience. Judge Napolitano, who I hear makes five figures for public appearances, really banks. (How weird [...]]]></description>
			<content:encoded><![CDATA[<p>I&#8217;ve got to give <a href="http://en.wikipedia.org/wiki/Lew_Rockwell">Lew Rockwell</a> some much-due credit. He doesn&#8217;t <a href="http://www.lewrockwell.com/podcast/?p=episode&amp;name=2008-07-29_008_the_scam_called_the_state.mp3">shy away</a> from his support for the stateless society. There is no doubt it has cost him support since the &#8220;Restore the Republic&#8221; message has a much larger audience. Judge Napolitano, who I hear makes five figures for public appearances, really banks. (How weird is it that I don&#8217;t know Napolitano&#8217;s first name, by the way?)</p>
<p>On Thursday, Feb. 25, Rockwell published three anti-state articles on his own site. I wouldn&#8217;t go so far to call them pro-anarchism articles, but they do undercut some false rhetoric about the beloved republic.</p>
<p>The first article, &#8220;<a href="http://www.lewrockwell.com/dilorenzo/dilorenzo182.html">Doomed from the Start</a>,&#8221; is from Thomas DiLorenzo, who explores some of the misbeliefs that the framers of federal constitution ever meant to limit the powers of the national government. He writes how the Jeffersonian notions of state secession and nullification were deliberately attacked by the nationalists to ensure an expansionist government. Alexander Hamilton and his &#8220;disciple&#8221; John Marshall, who served as the chief justice of the Supreme Court for three decades, worked to undermine the any constitutional restraints.</p>
<blockquote><p>It was Hamilton who first invented the expansive interpretations of the General Welfare and Commerce Clauses of the Constitution, which have been used for generations to grant totalitarian powers to the central state. He literally set the template for the destruction of constitutional liberty in America the moment it became apparent at the constitutional convention that he and his fellow nationalists would not get their way and create a “monarchy bottomed on corruption,” as Thomas Jefferson described the Hamiltonian system.</p>
<p>Hamilton’s devoted disciple, John Marshall, was appointed chief justice of the United States in 1801 and served in that post for more than three decades. His career was a crusade to rewrite the Constitution so that it would become a nationalist document that destroyed states’ rights and most other limitations on the powers of the centralized state. He essentially declared in Marbury vs. Madison that he, John Marshall, would be the arbiter of constitutionality via “judicial review.”</p>
</blockquote>
<p>The second article is titled &#8220;<a href="http://www.lewrockwell.com/orig11/stanley-b2.1.1.html">The Government Is Just a Referee? Hardly</a>.&#8221; It is probably the least informative with new thoughts, but it does provide a good quote.</p>
<blockquote><p>Given the government’s failure at its refereeing role, it seems fair to ask: Is it better to have a biased, powerful referee who helps his friends win, or is it better to have no referee at all? Obviously the optimum situation would be to have an impartial and competent referee; but it seems that fewer and fewer people still believe that it is possible for the government to play this role. History has shown us that the impartial arbiter inevitably evolves into the protector and benefactor of certain players in the game. And because the government as referee can use guns, fines and imprisonment to enforce its will, it is indeed a formidable benefactor for its favored ones, and a formidable oppressor for its disfavored ones.</p>
</blockquote>
<p>The third anti-state article, &#8220;<a href="http://www.lewrockwell.com/fedako/fedako17.1.html">Romans 13 and Anarcho-Capitalism</a>,&#8221; deals with who constitutes &#8220;the governing authority,&#8221; according to the Christian belief. The Bible&#8217;s &#8220;Romans 13&#8243; reads:</p>
<blockquote><p>Everyone must submit himself to the governing authorities, for there is no authority except that which God has established. The authorities that exist have been established by God. Consequently, he who rebels against the authority is rebelling against what God has instituted, and those who do so will bring judgment on themselves.</p>
</blockquote>
<p>This sound pretty authoritarian to me, and has been used by those in power to justify their assault. I don&#8217;t know much about The Bible, but it&#8217;s my guess that passage and the &#8220;turn the other cheek&#8221; verse were written and or preached after Christianity became the dominant religion. Just a hunch.</p>
<p>The author, Jim Fedako, said, &#8220;As Christians, we are to obey the legitimate governing authority, but it does not follow that the authority must be the state. Paul’s instructions are the same no matter who is in charge. And in an anarcho-capitalist world, we would only be forced to obey the governing authorities whose properties we chose to enter.&#8221;</p>
<p>I don&#8217;t call myself an anarcho-capitalist for the reason Fedako believes property defense is a Lockean absolute demand rather than a Rothbardian degree of proportionality.</p>
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		<title>The Pragmatism of Principles</title>
		<link>http://www.whoplanswhom.com/blog/2010/the-pragmatism-of-principles/</link>
		<comments>http://www.whoplanswhom.com/blog/2010/the-pragmatism-of-principles/#comments</comments>
		<pubDate>Fri, 05 Feb 2010 01:40:51 +0000</pubDate>
		<dc:creator>Justin Oliver</dc:creator>
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		<description><![CDATA[<p style="text-align: center;"><a href="http://www.flickr.com/photos/jay_que/301153387/"></a></p> <p>Leonard Read, the founder of the <a href="http://fee.org/">Foundation for Economic Education</a>, said principles are not compromised; they are abandoned. Principles, by their nature, are utilized or they are not.</p> <p>That is an important reminder for those who believe the maximum role of government should be the protection of life, liberty, and property [...]]]></description>
			<content:encoded><![CDATA[<p style="text-align: center;"><a href="http://www.flickr.com/photos/jay_que/301153387/"><img class="size-full wp-image-467 aligncenter" title="lighthouse" src="http://whoplanswhom.com/wp-content/uploads/2010/02/lighthouse.jpg" alt="" width="700" height="283" /></a></p>
<p>Leonard Read, the founder of the <a href="http://fee.org/">Foundation for Economic Education</a>, said principles are not compromised; they are abandoned. Principles, by their nature, are utilized or they are not.</p>
<p>That is an important reminder for those who believe the maximum role of government should be the protection of life, liberty, and property — which I think, logically construed, means self-government; however, I respect that others disagree. Our time is going to be most wisely spent improving ourselves and building relationships with like-minded liberty people. Even still, while the conventional political process is still dominant, there are ways for principled people to use political tools for their own benefit.</p>
<p>The conventional political dichotomy is a struggle between short-term opportunism and long-term progress. I think there is a simple reconciliation that can be made between the two camps. That is, under no circumstances, never ever, should we ever support an expansion in the role of government or a further restriction on a peaceful person&#8217;s liberty. Second, any policy support should be done with the explicit purpose of decreasing the role of government and directly benefiting peaceful individuals.</p>
<p>Any strategy or policy goals that we recommend or follow should be consistent with the purpose of restoring individual liberty and responsibility. I understand the importance of intermediate goals or markers to help fully achieve our ultimate purpose. But our means of achieving that purpose should not be contradictory to that end. For example, a lot of politicians try to justify tax cuts because they believe it will actually increase the total revenues to the government treasury. I believe this is wrong and sends an inconsistent message.</p>
<p>The goal of a tax cut should be to reduce the burden of government. Again, we should not advocate the re-legalization of cannabis on the grounds that it will raise tax revenues, but because prohibition is immoral and counterproductive. Expanding government and further restricting the liberty of others to correct another ill-fated government policy is an abandonment of principle. As Ron Paul said, &#8220;Few Americans understand that all government action is inherently coercive.&#8221; Reducing the level of coercion in people&#8217;s lives is a worthy goal.</p>
<h2>Principles in Practice</h2>
<p>The goals that we have should be radical — not liberal- or conservative-lite. This serves two purposes. First, it provides cover for not-so-radical views to be considered more mainstream, thus limiting the fear of ostracism people might have for holding these slightly less radical views. It provides an objective guidepost — like a lighthouse — for gauging the success of our efforts during darker times.</p>
<p>I would also like to suggest two methods of communicating these ideas. We should definitely take the time, on an intellectual basis, to refute anti-liberty or collectivist ideas. But we must acknowledge that the people advocating these mistaken ideas are not dimwitted. In fact, many know exactly how they benefit from these policies. They are ripping us off, so we must make direct, populist appeals that reveal that fact.</p>
<p>By its nature, government is crude and unaccountable, so there will be an infinite supply of aggrieved individuals. Ideally, that means that we don&#8217;t have to convert individuals fully to the virtue of liberty before taking action together. Over time, I hope that those who are &#8220;liberty minus one&#8221; or &#8220;liberty minus whatever&#8221; come to see the error of their ways.</p>
<h2>Some Ideas to Bat Around</h2>
<p>Sometimes, pick losing issues to get the message out by presenting a pro-liberty analysis. I&#8217;m not saying be a stick-in-the-mud. The situation might provide an opportunity to get some free media publicity or lay the groundwork for winning progress on the issue in the future. Liberals have deployed this technique by pushing socialized health insurance and environmental regulations.</p>
<p>Now, I don&#8217;t even know how possible this next one is. Those arrested for committing consensual crimes could be high-target prospects for the liberty message. When I&#8217;m passing out <a href="http://fija.org/">Fully Informed Jury Association</a> literature on <a href="http://en.wikipedia.org/wiki/Jury_nullification">jury nullification</a>, those called for jury duty are naturally receptive to the material I am providing. I&#8217;ll usually stay a little past the time when potential jurors are due to report in downtown Fort Worth in order to catch any stranglers. When I do, I just happen to pass out literature to defendants, and they are just as interested in the concept of jury nullification as potential jurors, if not more so. There has got to be a way of contacting those folks by getting ahold of  some public records.</p>
<p>
<address>Image credit: <a href="http://www.flickr.com/photos/jay_que">john curley</a>, with <a href="http://creativecommons.org/licenses/by-nc-sa/2.0/deed.en">Creative Commons</a> license</address></p>
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		<title>Toward a Consistent Immigration Policy</title>
		<link>http://www.whoplanswhom.com/blog/2010/towards-a-consistent-immigration-policy/</link>
		<comments>http://www.whoplanswhom.com/blog/2010/towards-a-consistent-immigration-policy/#comments</comments>
		<pubDate>Wed, 13 Jan 2010 17:45:49 +0000</pubDate>
		<dc:creator>Justin Oliver</dc:creator>
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		<description><![CDATA[<p>My discomfort with so many of the state and national &#8220;liberty&#8221; candidates for office is their general willingness to appeal to <a href="http://aynrandlexicon.com/lexicon/collectivism.html">collectivism</a> on issues like immigration, otherwise known as &#8220;moving.&#8221; Even Ron Paul was plagued by this, in part to be taken seriously by Republican voters. Of course, I may be too cynical in [...]]]></description>
			<content:encoded><![CDATA[<p>My discomfort with so many of the state and national &#8220;liberty&#8221; candidates for office is their general willingness to appeal to <a href="http://aynrandlexicon.com/lexicon/collectivism.html">collectivism</a> on issues like immigration, otherwise known as &#8220;moving.&#8221; Even Ron Paul was plagued by this, in part to be taken seriously by Republican voters. Of course, I may be too cynical in calling it a total affectation. I don&#8217;t think it comes from a xenophobic fear of foreigners, either. He probably recognizes that the people who most blatantly and systematically usurp our liberty are mostly middle-aged white men, not day laborers at Home Depot. Nevertheless, it is just as safe to assume that Paul&#8217;s harsher immigration policies drove away as many potential liberty supporters as they attracted.</p>
<p>Immigrants and their friends and families, many of whom have experienced or witnessed government persecution, could have been the most receptive audiences of a consistent message of liberty. Instead, they may have permanently associated the message of liberty with a perceived hostility toward immigrants. In the long term, that is going to create some challenges for future candidates wanting to promote a message of individual autonomy. They recognize the common objection — that some immigrants take far more from the government trough than they contribute — as a spurious argument, at best, since some government employees and some government contractors take all of their resources from the government, yet immigration foes do not propose deporting them. For that matter, legal immigrants are far more likely to acquire government welfare than unsanctioned movers.</p>
<p>What brings this to mind is the announced <a href="http://www.debramedinafortexas.com/2010/01/12/debra-medina-unveils-border-plan">immigration platform</a> of one of Paul&#8217;s supporters, Texas Republican gubernatorial candidate <a href="http://www.medinafortexas.com/">Debra Medina</a>, someone to whom I have donated my own time and money. For the most part, she sounds a lot like Paul in that she really dislikes the federal government. She wants to <a href="http://blog.tenthamendmentcenter.com/2009/11/debra-medina-nullification-for-texas/">nullify the enforcement</a> of some federal laws she believes are unconstitutional and to <a href="http://texasfairtax.wordpress.com/2010/01/06/">end property taxes</a>. Thumbs up on my end, though I would prefer nullifying all federal laws and ending all taxes. As someone opposed to non-consensual monopoly government, I can&#8217;t enthusiastically endorse any policy other than to disband. However, that shouldn&#8217;t discourage me from critiquing existing political proposals or from identifying that some ideas are better or worse than others.</p>
<p>Some of her proposals, like wanting to reduce the scope of gun regulations and to nullify sham free-trade treaties like NAFTA that primarily benefit corporate special interests, would be great. Her most disagreeable idea is to assign &#8220;sufficient numbers of Texas National Guard and Texas State Guard&#8221; to help local law enforcement. Ethically, it is an abandonment of the <a href="http://en.wikipedia.org/wiki/Non-aggression_principle">non-aggression principle</a> (NAP) as she openly calls for the use of aggressive force to solve what she perceives to be a social problem. The troops and all their resources are funded by the use of force, taxation. In turn, they will initiate force against peaceful movers and foreign entrepreneurs. (Insert the obvious caveat that not all individuals wishing to cross the border are peaceful.) The result will be failure, as all government prohibitions are. It will increase the violence on the border, breed corruption among those guarding the border, and cost a fortune. She also plans to target documented movers convicted of a state or federal law. So for those who break a non-violent federal law, which is done by each individual on average <a href="http://online.wsj.com/article/SB10001424052748704471504574438900830760842.html">three times a day</a>, they could get tossed, again violating the NAP.</p>
<h2>What a Consistent Immigration Policy Looks Like</h2>
<p>Since Medina has already shown her support for nullification of unconstitutional federal law, let&#8217;s start with all federal immigration laws. The constitution provides <a href="http://federalistblog.us/2006/07/delegated_powers_immigration.html">no existing expressed powers for the federal government</a> to make immigration policy, only for the naturalization process of becoming a citizen. In fact, the Texas constitution that congress approved after Reconstruction had a Bureau of Immigration, as did most other former Confederate states.</p>
<p>Step two would be to end all government welfare benefits. Then fully re-legalize the prostitution, drug and arms trades. It would completely eliminate the need for anyone to enter the country by sneaking across the desert or trespassing on private property. The vast majority wanting to cross the border conventionally would be those wanting to earn their own way. The fear is that gangs would run wild, causing chaos in the streets. That is unfounded since dishonest criminals who could no longer sustain themselves on inflated black-market profits can in no way compete on the open market. Those wanting to live off the government or engage in criminality would remain in their own country.</p>
<p>We could reduce the scope of government, relieve taxpayers of an extra burden, and demonstrate the fruits of freedom. Government meddling and <a href="http://www.aclu.org/national-security_technology-and-liberty/are-you-living-constitution-free-zone">excuses to circumvent the Bill of Rights</a> would be curtailed, which might get the ire of conservatives in the Republican Party who would rather imprison strangers rather confront the reality of emancipating themselves. If there were ever a litmus test for empathy for the oppressed, immigration surely is it.</p>
<h2>An Examination of Alternatives</h2>
<p>But maybe I am being too hard on Medina. She&#8217;s running a state-wide race in Texas, after all. It is extremely unlikely voters would support a candidate who took such radical steps. We can&#8217;t expect someone to be agreeable on every issue, and she would certainly be better than the any other credible choice. The other candidates in the running would have no qualms about some academic non-aggression principle. I agree with all that. But I presume that she has read Paul&#8217;s books and articles, in which he has advocates his support for the NAP. In &#8220;<a href="http://www.amazon.com/End-Fed-Ron-Paul/dp/0446549193/ref=sr_1_1?ie=UTF8&amp;s=books&amp;qid=1263344024&amp;sr=8-1">End the Fed</a>,&#8221; he said for example, &#8220;We must reject the initiation of violence by individuals or governments as morally repugnant.&#8221; Apparently, even Ron Paul does not get the full impact of that idea. His claim is that it is an &#8220;<a href="http://www.ontheissues.org/TX/Ron_Paul_Immigration.htm">invasion</a>,&#8221; yet his emphasis is on curtailing it through economic means by removing the welfare incentives. Medina lists that at the very bottom of her of proposals and puts the state guard patrol at the very top, a complete reversal of Paul&#8217;s priorities.</p>
<p>My primary and probably only significant purpose in participating in electoral politics is to spread the ideas of liberty. I readily concede that if I want to participate in electoral politics, I can&#8217;t expect ideological purity. Engaging the government in any manner, driving on government roads or attending government school, is a regretful concession. I suppose that &#8220;When one gets in bed with government, one must expect the diseases it spread,&#8221; as Paul declared. The temptation is to bite one&#8217;s tongue. That is my source of resentment for electoral politics. It offers this simple, elegant solution, making it very seductive. The danger is that by not expressing criticism of supposed pro-liberty candidates who abandon that message, assuming that is their highest political goal, we come across as just another empathetic-less political movement wanting to impose our beliefs on others. <em>I don&#8217;t even ask that a politician be opposed to all forms of aggression to receive my support, only that he or she oppose increasing the present scope of violence against the peaceful.</em> In this respect, Medina readily and consistently advocates increasing the use of government violence against largely peaceful immigrants. If I were to vote for her in the March primary or the November general election, I would necessarily be sacrificing the interests of an already exploited group of people for my own interests.</p>
<p>I think it is more practical to practice libertarianism consistent with its principles. There are steps that have already proven more effective and more immediate. Primarily, they focus on liberating ourselves to demonstrate firsthand how beneficial living by these principles can be. That is, if you want freedom, you don&#8217;t have to participate in the elaborate resource-depleting, shame-inducing rituals of voting and petitioning for a band of thieves to recognize your humanity. Those rituals and institutions are in place to obscure the violence behind it all. Once the glaring blessings of liberty are realized, all mystic pretenses for an intrusive government will be shattered. Now I&#8217;m not saying that being right is easy, for if it were easy than it would have already been done.</p>
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