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Sprachkritik: “Privatization”

Left libertarians, like all libertarians, believe that all State control of industry and all State ownership of natural resources should be abolished. In that sense, libertarian Leftists advocate complete and absolute privatization of, well, everything. Governments, or quasi-governmental public monopolies, have no business building or running roads, bridges, railroads, airports, parks, housing, libraries, post offices, television stations, electric lines, power plants, water works, oil rigs, gas pipelines, or anything else of the sort. (Those of us who are anarchists add that governments have no business building or running fire departments, police stations, courts, armies, or anything else of the sort, because governments — which are necessarily coercive and necessarily elitist — have no business existing or doing anything at all.)

It’s hard enough to sell this idea to our fellow Leftists, just on the merits. State Leftists have a long-standing and healthy skepticism towards the more utopian claims that are sometimes made about how businesses might act on the free market; meanwhile, they have a long-standing and very unhealthy naïveté towards the utopian claims that are often made on behalf of government bureaucracies under an electoral form of government. But setting the substantive issues aside, there’s another major roadblock for us to confront, just from the use of language.

There is something called privatization which has been a hot topic in Leftist circles for the past 15-20 years. It has been a big deal in Eastern Europe, in third world countries under the influence of the IMF, and in some cases in the United States, too. Naomi Klein has a new book on the topic, which has attracted some notice. Klein’s book focuses on the role that natural and artificial crises play in establishing the conditions for what she calls privatization. But privatization, as understood by the IMF, the neoliberal governments, and the robber baron corporations, is a very different beast from privatization as understood by free market radicals. What consistent libertarians advocate is the devolution of all wealth to the people who created it, and the reconstruction of all industry on the principle of free association and voluntary mutual exchange. But the IMF and Naomi Klein both seem to agree on the idea that privatization includes reforms like the following:

  • Tax-funded government contracts to corporations like Blackwater or DynCorp for private mercenaries to fight government wars. This has become increasingly popular as a way for the U.S. to wage small and large wars over the past 15 years; I think it was largely pioneered through the U.S. government’s efforts to suppress international free trade in unauthorized drugs, and is currently heavily used by the U.S. in Colombia, the Balkans, and Iraq.

  • Tax-funded government contracts to corporations like Wackenhut for government-funded but privately managed prisons, police forces, firefighters, etc. This has also become increasingly popular in the U.S. over the past 15 years; in the case of prisons, at least, it was largely inspired by the increasing number of people imprisoned by the U.S. government for using unauthorized drugs or selling them to willing customers.

  • Government auctions or sweetheart contracts in which nationalized monopoly firms — oil companies, water works, power companies, and the like — are sold off to corporations, with the profits going into the State treasury, and usually with some form of legally-enforced monopoly left intact after privatization. One of the most notorious cases is the cannibalistic bonanza that Boris Yeltsin and a select class of politically-connected Oligarchs helped themselves to after the implosion of Soviet Communism. Throughout the third world, similar auction or contract schemes are suggested or demanded as a condition for the national government to receive a line of tax-funded credit from the member states of the International Monetary Fund.

  • Yet Another Damn Account schemes for converting government pension systems from a welfare model to a forced savings model, in which workers are forced to put part of their paycheck into a special, government-created retirement account, where it can be invested according to government-crafted formulas in one of a limited number of government-approved investment vehicles offered by a tightly regulated cartel of government-approved uncompetitive investment brokers. This kind of government retirement plan is supposedly the centerpiece of privatization in Pinochet’s Chile, and has repeatedly been advocated by George W. Bush and other Republican politicians in the United States.

Klein and other state Leftists very claim that these government privatization schemes are closely associated with Right-wing authoritarian repression, up to and including secret police, death squads, and beating, torturing, or disappearing innocent people for exercising their rights of free speech or free association in labor unions or dissident groups.

And they are right. Those police state tactics aren’t compatible with any kind of free market, but then, neither are any of the government auctions, government contracting, government loans, and government regulatory schemes that Klein and her comrades present as examples of privatization. They are examples of government-backed corporate kleptocracy. The problem is that the oligarchs, the robber barons, and their hirelings dishonestly present these schemes — one and all of them involving massive government intervention and government plunder from ordinary working people — as if they were free market reforms. And Klein and her comrades usually believe them; the worst sorts of robber baron state capitalism are routinely presented as if they were arguments against the free market, even though pervasive government monopoly, government regulation, government confiscation, government contracting, and government finance have nothing even remotely to do with free markets.

I’d like to suggest that this confusion needs to be exposed, and combated. In order to combat it, we may very well need to mint some new language. As far as I know, privatization was coined by analogy with nationalization; if nationalization was the seizure of industry or resources by government, then privatization was the reversal of that process, devolving the industry or the resources into private hands. It is clear that the kind of government outsourcing and kleptocratic monopolies that Klein et al condemn don’t match up very well with the term. On the other hand, the term has been abused and perverted so long that it may not be very useful to us anymore, either.

So here’s my proposal for linguistic reform. What we advocate is the devolution of state-confiscated wealth and state-confiscated industries back to civil society. In some cases, that might mean transferring an industry or a resource to private proprietorship (if, for example, you can find the person or the people from whom a nationalized factory was originally seized, the just thing to do would be to turn the factory back over to them). But in most cases, it could just as easily mean any number of other ways to devolve property back to the people:

  1. Some resources should be ceded to the joint ownership of those who habitually use them. For example, who should own your neighborhood streets? Answer: you and your neighbors should own the streets that you live on. For the government to seize your tax money and your land and use it to build neighborhood roads, and then to sell them out from under you to some unrelated third party who doesn’t live on them, doesn’t habitually use them, etc., would be theft.

  2. Government industries and lands where an original private owner cannot be found could, and probably should, be devolved to the co-operative ownership of the people who work in them or on them. The factories to the workers; the soil to those who till it.

  3. Some universally-used utilities (water works, regional power companies, perhaps highways) which were created by tax money might be ceded to the joint ownership of all the citizens of the area they serve. (This is somewhat similar to the Czechoslovakian model of privatization, in which government industries were converted into joint-stock companies, and every citizen was given so many shares.)

  4. Some resources (many parks, perhaps) might be ceded to the unorganized public — that is, they would become public property in Roderick’s sense, rather than in the sense of government control.

Now, given the diversity of cases, and all of the different ways in which government might justly devolve property from State control to civil society, privatization is really too limiting a term. So instead let’s call what we want the socialization of the means of production.

As for the IMF / Blackwater model of privatization, again, the word doesn’t fit the situation very well, and we need something new in order to help mark the distinction. Whereas what we want could rightly be called socialization, I think that the government outsourcing, government-backed monopoly capitalism, and government goon squads, might more accurately be described as privateering.

I’m just sayin’.

Update 2007-11-08: Minor revisions for typo fixes, clarity, and to add a link I forgot to add.

Further reading:

Part IV (Socialism) of Instead of a Book is now available online

As I’ve mentioned before, I have been working on an online edition of Benjamin Tucker’s Instead of a Book, by a Man Too Busy to Write One for the Fair Use Repository. Work is ongoing, and I’m pleased to announce that Part IV: Socialism is now available in full online. The articles in this section defend Tucker’s conception of socialism against critics both from the state socialist and from the anti-socialist camps; he argues that the most consistent and logical form of socialism, i.e. anarchistic socialism, in fact means radical laissez-faire in economics–voluntary socialism, based on the eradication of monopolistic legal privileges for capitalists, and the practice of bottom-up mutual aid between workers. The details are discussed more in Part II and Part III than here; his main target in Part IV are those critics who treat Socialism as if it were synonymous with State Socialism, thus making it seem as though the only options were the nationalization of all industry (passed off as if this were synonymous with Socialism), or else the perpetuation of legal privileges to the capitalist class (passed off as if this were synonymous with Free Markets). Here’s something from the first essay, Socialism: What It Is.

Do you like the word Socialism? said a lady to me the other day; I fear I do not; somehow I shrink when I hear it. It is associated with so much that is bad! Ought we to keep it?

The lady who asked this question is an earnest Anarchist, a firm friend of Liberty, and—it is almost superfluous to add—highly intelligent. Her words voice the feeling of many. But after all it is only a feeling, and will not stand the test of thought. Yes, I answered, it is a glorious word, much abused, violently distorted, stupidly misunderstood, but expressing better than any other the purpose of political and economic progress, the aim of the Revolution in this century, the recognition of the great truth that Liberty and Equality, through the law of Solidarity, will cause the welfare of each to contribute to the welfare of all. So good a word cannot be spared, must not be sacrificed, shall not be stolen.

. . .

Why, then, does my lady questioner shrink when she hears the word Socialism? I will tell her. Because a large number of people, who see the evils of usury and are desirous of destroying them, foolishly imagine they can do so by authority, and accordingly are trying to abolish privilege by centring all production and activity in the State to the destruction of competition and its blessings, to the degradation of the individual, and to the putrefaction of Society. They are well-meaning but misguided people, and their efforts are bound to prove abortive. Their influence is mischievous principally in this: that a large number of other people, who have not yet seen the evils of usury and do not know that Liberty will destroy them, but nevertheless earnestly believe in Liberty for Liberty’s sake, are led to mistake this effort to make the State the be-all and end-all of society for the whole of Socialism and the only Socialism, and, rightly horrified at it, to hold it up as such to the deserved scorn of mankind. But the very reasonable and just criticisms of the individualists of this stripe upon State Socialism, when analyzed, are found to be directed, not against the Socialism, but against the State. So far Liberty is with them. But Liberty insists on Socialism, nevertheless,—on true Socialism, Anarchistic Socialism: the prevalence on earth of Liberty, Equality, and Solidarity. From that my lady questioner will never shrink.

You can find a break-down of the essays from Fair Use Blog 2007-10-26. Read, cite, and enjoy!

Radical healthcare reform

There is no free market for healthcare in the United States.

Every aspect of medicine is tightly controlled by the federal government, and shot through with systematic subsidy and intervention. Federal, state, and local governments restrict who can practice medicine. They restrict where and how medicine can be practiced. They throw people in jail or hit them with massive fines for using the wrong label or practicing alternative forms of medicine or safely performing medical procedures which are considered above their government-licensed station. They tightly regulate which drugs can be produced and where you can get them and whether or not you can import them from somewhere else. They do this partly on the excuse that they know better than you and your doctor do what drugs you should be taking, and partly because they are engaged in a deliberate effort to enforce monopoly pricing for new drugs. The federal government created the circumstances that have forced most American workers either to live with no health insurance at all, or else to depend on their bosses for health insurance; the federal government created and actively subsidized HMOs in order to move more medical care over to a rationing (managed care) model; the federal government provides tax-funded subsidies for healthcare to select patients through Medicare, Medicaid, and S-CHIP; some state governments are now moving to force everyone to participate in a captive market for medical insurance, with more tax-funded subsidies to those who cannot afford it. The health insurance market is in turn heavily regulated by the government and wrapped up as tightly as you can imagine in government-imposed red tape, which systematically constrains choices and suppresses competition. The whole damned thing is run by government bureaucrats, government-insulated corporate bureaucrats, and government-anointed experts.

Yet whenever state Leftists and Progressives call for expanding programs such as S-CHIP, or for thoroughgoing nationalization of healthcare, this is what almost invariably happens: they pick out some horrible thing that has happened, or very nearly happened, to somebody under the present state-corporatist system of healthcare, compare it to what would have happened under a more state-socialist system of healthcare, and then say that this proves that getting healthcare through a state-socialist system is better than getting healthcare on the free market. Since we don’t have a free market in healthcare, and the horrible things that happen, or very nearly happen, in the U.S. medical system aren’t happening in a free market, this is simply a red herring.

Thus, I completely agree with Myca at Alas, A Blog when she says that we need radical healthcare reform and that our current system is abso-fucking lutely sadistic and nonsensical. But I don’t know what any of that has to do with the free market. As I said over there:

Myca: If you oppose universal health care and you do not explain clearly by what mechanism you will give medical care to poor people, you will be banned.

Well, I will give medical care to poor people (other than myself) by continuing to do what I already do. I scrape by on about US $13,000 a year and I give about 1/3 of that to groups that provide direct economic and medical aid to other poor people (Direct Relief, abortion funds, Planned Parenthood, battered women’s shelters, rape crisis counselors, etc.). I’m able to give that much partly because I don’t have any children to care for and partly because I have wealthier family members that I know I could ask for help in an emergency. But even without those advantages, I’d be able to give this kind of money more comfortably if it weren’t for the government’s constant draining of my resources through taxes to pay for red tape, corporate welfare and armed thugs. In any case I do think that I, at least, am doing something more to own my beliefs than just waving my hands around. As for explanation and defense:

Myca: I've heard over and over again that our current system is not a free market, and that's cool, but then it's incumbent on the person claiming that a free market would provide healthcare to those without money to show precisely how that would happen, because I don't see it.

OK, but that’s not what’s been argued so far. What keeps happening is a comparison between something horrible that happens, or almost happened, under the U.S. state-corporatist system, and what would happen under some other state-socialist system of healthcare. But comparing the characteristics of one tightly-controlled government-regimented system of healthcare to those of another tightly-controlled government-regimented system of healthcare illuminates very little about how a free market would work, because neither of the options under comparison has very much to do with free markets. If you want to argue that state-socialism is better than state-corporatism, fine, but you should leave the free market out of it. If you want to argue that a free market in healthcare would still have features that make it worse than state-socialist healthcare, that’s fine too, but it requires some further argument that hasn’t yet been given in any detail.

As for the beginnings of an argument that you give in this comment:

Myca: Roughly, because the free market has no mechanism in place to provide health care to people who are unable to pay for it.

I’m not convinced. Because, well, of course it does. The mechanism is the same mechanism that exists in state-corporatist or state-socialist healthcare systems: people who are unable to pay for healthcare themselves can get it by getting other people to pay for part of it or all of it. The question is what means of getting other people to pay for it are available–and whether these means are voluntary or coercive.

Any State-run system of medical care that you happen to like could, in principle, be provided by voluntary mutual aid on a free market. The State has no special ability to make medical care free, or to summon up money from nowhere to pay for it; for the State to cover the medical costs it has to get money, labor, or supplies from somebody else, and whatever the State takes could be given voluntarily. Suppose that you like the way that money is collected and distributed in the French medical system; then on a free market, nobody is going to stop you from creating a nonprofit French Mutual Society for Medicine that uses the same bureaucratic mechanisms to collect, allocate, and pay out money. The only limitation is that, whatever system you cook up, you cannot force people to pay in, and you can’t force people to use your system for their own healthcare costs.

You might claim that unless everybody is forced to pay in, there wouldn’t be enough money to go around. But consider the billions of dollars that are voluntarily pissed away every two years trying to elect a slightly more progressive gang of weak-kneed establishment politicians, and what might happen if those resources were redirected towards direct action rather than electioneering and lobbying. Let alone the amount of money that might go to healing people rather than killing them if individual people, rather than belligerent governments, had control over the dollars currently seized in taxes.

You might instead claim that even if there is enough money to go around, this kind of model puts poor people at the mercy of donors for their healthcare. But I could just as easily respond that using the State to cover healthcare costs puts poor people’s at the mercy of the political process, which certainly offers no guarantees that the least powerful and least connected people in a society are going to get what they need, or even get decent human respect. In either case, people who aren’t very powerful need to organize and struggle to protect their interests from people who are more powerful than they are. The question, again, is what means of struggle are (1) morally preferable, and (2) strategically effective.

I don’t think it’s crazy to see voluntary, bottom-up mutual aid as both morally and strategically preferable to top-down political regimentation. Voluntary mutual aid may not actually produce a healthcare system that looks much like the nationalized healthcare systems common in western social democracies, but I think that the differences would largely be for the better: less bureaucracy, more alternatives, and more control in the hands of the patients themselves. Unlike the corporatist system in place today, medical costs would be drastically lower, thanks to the removal of the government-created monopolies and cartels that currently control every aspect of the insurance, medical, and pharmaceutical industries. And unlike the corporatist system in place today, medical costs might be covered not only by charities or churches or bosses (gag), but also through grassroots associations such as mutual aid societies and labor unions. (There is some actual history here; lodge practice medical arrangements in the U.S., U.K., and Australia used to provide healthcare to working-class folks at a rate of about one day’s wages for one year of healthcare, before the growing trend was halted and obliterated by the politically-connected medical establishment, with the backing of the State.)

Hope this helps.

I’d also like to add that, in principle, I actually reject the claim that it's incumbent on the person claiming that a free market would provide healthcare to those without money to show precisely how that would happen, because I don't see it. I’ve said something about details here because I know something about the issue that might be illuminating, but generally speaking, part of the point of advocating a free market across the board is that in a free society you do not need to be an expert in everything. No individual person and no committee of people needs to plan out precisely how any social system will work–which is a good thing, because nobody has comprehensive knowledge and organizational skill and entrepreneurial creativity in every field of human endeavor. Advocating free markets for shoes or bread does not make it incumbent on you to spell out all the details of how enough of these will go around to keep people from going around shoeless or from starving in the streets, because that is really a matter that can be left up to the cobbler and the shoe-wearer, or to the baker and the eater–who can be expected to know a lot more than some policy wonk about how to handle their own business and meet their own needs.

Further reading:

Breakin’ the law

Jennifer McKitrick has an excellent guest post at Austro-Athenian Empire:

They say We're not against immigration, we're against illegal immigration. OK, so the problem with immigrants is that they broke some laws. But are they good laws? If yes, they're for laws designed to keep immigrants out, so they are against immigration. If no, then they should be for changing the laws. But they say changing the laws is either unacceptable amnesty for illegals that are already here and/or it would encourage more immigration. But the immigration that would happen then would be legal, so if they're only against illegal immigration, they should have no problem.

So, I think I think that they are less than sincere when they say they are only against illegal immigration. Perhaps the right thing to say is that they only support the amount of immigration currently allowed by law. Which is pretty much being against immigration for the most part.

— Jennifer McKitrick, Austro-Athenian Empire 2007-10-07: Only Against Illegal Immigration?

Read the whole thing.

Further reading:

International Ignore the Constitution Day #220

Today is the 220th annual International Ignore the Constitution Day!

In the United States, the federal government’s arbitrary laws supposedly mandate that over the course of this day, schools put on Spontaneous Demonstrations celebrating the founding of the federal government. (I suppose this is after the schools begin their day by ritualistically forcing students to swear allegiance to the federal government.) When Turkmenbashi did this sort of thing, it was called megalomania; when federal government of the United States does it, it is called civics education.

In this secessionist republic of one, we mark the day as a special reminder that the United States Constitution, in its origins, was an act of naked usurpation and an objective force for evil, imposed upon a great mass of people who never agreed to it (nor were even asked), and effecting genocide and the protection of chattel slavery at the point of federal bayonets. Today it is treated as the Enabling Act of a monster State, and as such is the begetter of war, the builder of prisons, the armament of professional thugs, the authorization of Presidential and Congressional power over the lives of innocent people, and all of it over people who have never given any meaningful consent to the arbitrary rule of Washington, D.C. Domineering presidents, legislators, and judges use the powers delegated explicitly or implicitly as an excuse to dominate, to ruin and to kill; cowardly or opportunistic presidents, legislators, and judges use the supposed separation of powers as an excuse to stand by and do nothing while the predators in other branches of government keep on dominating and ruining and killing. The Constitution is interpreted by the highest legal authorities designated by that very document as licensing imperial war, Star Chamber courts, domestic and foreign surveillance, the racist War on Drugs, ruinous taxation, corporate welfare, government cartelization and regimentation of every key industry, in direct proportion to its importance; and if the Constitution does not in fact state that these things are allowed, it has done nothing to prevent them. Some people who ought to know better pretend that a document such as this one deserves respect, or even that it should be taken as a source of our [marching orders][] in matters of life and death, substituting a genuflection to that damned rag in place of a moral defense of freedom and peace. Ignoring the Constitution is routinely used as a grave insult in political discourse — whether applied to the president, the legislature, or the courts — supposedly synonymous with arbitrary tyranny. As if slavishly complying with the dictates of a 220 year old edict, arbitrarily issued without the consent of more than a handful of scheming conspirators, and now laying its dead hands upon us without the consent of anyone at all, were any less tyrannical!

Today is a day to mark that nonsense for what it is. Tyranny is tyranny whether or not it is written into a document, whether that document is called Constitution or any other name. And justice is justice, whatever any document may say; it can stand on its own in arguments, and needs no authorization from any human-crafted covenant or edict, which can neither make nor unmake even one of the rights or even one of the obligations that inhere in justice towards free and equal people, prior to any agreement or act of will. Of course, when government officials ignore the Constitution, they almost always do so in order to usurp arbitrary power and inflict the worst sorts of injustices on innocent people who never did anything to deserve it. But when government officials obey the Constitution, they still almost always do so in order to usurp arbitrary power and inflict the worst sorts of injustices on innocent people who never did anything to deserve it. That is what government officials do, and it’s what government officials did at the time they made up the Constitution, too; and the evils of it have exactly nothing to do with whether or not those usurpations and injustices have been formally enacted according to the procedures set forth in the arbitrary United States Constitution. William Lloyd Garrison knew how to educate the people and celebrate the glorious achievements of that document:

The [4th of July 1851] rally began with a prayer and a hymn. Then Garrison launched into one of the most controversial performances of his career. To-day, we are called to celebrate the seventy-eighth anniversary of American Independence. In what spirit? he asked, with what purpose? to what end? The Declaration of Independence had declared that all men are created equal … It is not a declaration of equality of property, bodily strength or beauty, intellectually or moral development, industrial or inventive powers, but equality of RIGHTS–not of one race, but of all races.

Massachussets Historical Society, July 2005

We have proved recreant to our own faith, false to our own standard, treacherous to the trust committed to our hands; so that, instead of helping to extend the blessings of freedom, we have mightily served the cause of tyranny throughout the world. Garrison then spoke about the prospects for the success of the revolutionary spirit within the nation, prospects he regarded as dismal because of the insatiable greed, boundless rapacity, and profligate disregard of justice prevalent at the time. He concluded his speech by asserting, Such is our condition, such are our prospects, as a people, on the 4th of July, 1854! Setting aside his manuscript, he told the assembly that he should now proceed to perform an action which would be the testimony of his own soul to all present, of the estimation in which he held the pro-slavery laws and deeds of the nation

— from Thoreau: Lecture 43, 4 July, 1854

Producing a copy of the Fugitive Slave Law, he set fire to it, and it burst to ashes. Using an old and well-known phrase, he said, And let all the people say, Amen; and a unanimous cheer and shout of Amen burst from the vast audience. In like manner, Mr. Garrison burned the decision of Edward G. Loring in the case of Anthony Burns, and the late charge of Judge Benjamin R. Curtis to the United States Grand Jury in reference to the treasonable assault upon the Court House for the rescue of the fugitive–the multitude ratifying the fiery immolation with shouts of applause. Then holding up the U.S. Constitution, he branded it as the source and parent of all the other atrocities,–“a covenant with death, and an agreement with hell,”–and consumed it to ashes on the spot, exclaiming, So perish all compromises with tyranny! And let all the people say, Amen! A tremendous shout of Amen! went up to heaven in ratification of the deed, mingled with a few hisses and wrathful exclamations from some who were evidently in a rowdyish state of mind, but who were at once cowed by the popular feeling.

–from The Liberator, 7 July 1854 (boldface added)

As I said last year:

I think that legalism is an insidious error that liberals and libertarians alike are all too prone to fall into. In fact the rule of law is something to be hoped for only insofar as the laws are just: rigorously enforcing a wicked law–even if that law is duly published and generally formulated–is just relentlessness, not virtue. And in our bloodstained age it is as obvious as anything that many laws are very far from being just. But one way of trying to accomodate this point, while entirely missing it, is to throw your weight behind some Super-Duper Law that is supposed to condemn the little-bitty laws that you consider unjustifiable. Besides taking the focus away from creative extremism and direct action, and leaving power in the hands of government-appointed conspiracies of old white dudes in black robes, this strategy also amounts to little more than a stinking red herring. It diverts the inquiry from the obvious injustices of a State that systematically robs, swindles, extorts, censors, proscribes, beats, cuffs, jails, exiles, murders, bombs, burns, starves countless innocent people in the name of its compelling State interests, and puts the focus the powers that are or are not delegated to the government by another damn written law. As if the contents of that law had any more right to preempt considerations of justice than the subordinate laws supposedly enacted under its authority. Those who have spent their days trying to find a lost Constitution under the sofa cushions are engaged in a massive, sophisticated, intricately argued irrelevancy. I’d compare it to debating how many angels can dance on the head of a pin, but that would be grossly unfair–to Scholastic metaphysicians.

— GT 2006-09-17: International Ignore the Constitution Day festivities

And as I said in my first annual Ignore the Constitution oration:

You, too, can celebrate Ignore the Constitution Day! Today, completely ignore all claims to authority granted in the Constitution. Live your life as if the Constitution had no more claim on you than the decrees of Emperor Norton. Enjoy your rights under natural law; you have them whether or not the Constitution says one mumbling word for them. While you’re at it, treat the Constitution as completely irrelevant in political arguments too; instead of complaining that unbridled war powers for the President are unconstitutional, for example, complain that they are evil; instead of reciting that damn Davy Crocket bed-time story again and complaining that government-controlled disaster relief is unconstitutional, complain that government-controlled disaster relief is foolish and deadly. (If the Constitution clearly authorized unilateral war powers for the President, or abusive and incompetant government-controlled disaster relief, would that make it okay?) And, hell, while you’re at it, quit complaining that forced Constitution Day celebrations may be unconstitutional; complain instead that they force children to participate in cultish praise for the written record of a naked usurpation.

Just go ahead. Ignore the Constitution for a day. See what happens. Who’s it gonna hurt? And if your political reasoning becomes sharper, your discourse no longer bogs down in a bunch of pseudo-legal mummeries, and you have a pleasant day without having to ask anybody’s permission for it, then I suggest you continue the celebration, tomorrow, and every day thereafter.

— GT 2005-09-17: International Ignore the Constitution Day

Celebrations elsewhere:

Further reading:

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