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A Higher Law than the Constitution

Ron Paul is perfectly capable of making sharp and incisive moral arguments against the foolishness, and the destructiveness, of U.S. imperialism, whether in the form of the ongoing catastrophe in Iraq or in the form of proposed new slaughters in Iran or North Korea. He has done so many times in the past, both in writing and in speeches, and he deserves praise where he is in the right, as he usually is. But he has also spent quite a bit of time explaining his position in terms of the separation of powers between the President and the Congress, as established in the U.S. Constitution. In response to questions about foreign policy, he has repeatedly argued, first, that current U.S. foreign policy is both foolish and evil, but also, second, that if he became President, he would go to war when, and only when, Congress duly passed a formal declaration of war. See for example the exchange in GT 2007-09-06: Marching orders, and his remarks on attacking North Korea or Iran in his recent interview with Tim Russert.

So here is my open question for Ron Paul, and for the anti-war libertarians who support his candidacy. Suppose that Ron Paul were elected President and publicly declared his intent to put his fundamentalist reading of the Constitution into practice. Suppose also that Congress continues to be what it currently is — a bunch of mad dog world bombers, on the one hand, and a gang of opportunistic doughfaces who go along to get along, on the other. It’s perfectly likely that at some point in the upcoming years, Congress might pass a declaration of war in the name of bogus national interests in order to spread the slaughter into Iran or North Korea. At this point, President Ron Paul has two options:

  1. He can fulfill his Constitutionally-enumerated role as commander-in-chief of the military, and prosecute the imperial war that Congress has ordered him to prosecute; or

  2. He can refuse to fulfill his Constitutionally-enumerated role, by sitting on his hands and refusing to prosecute the war in any way even though Congress has declared it, on the grounds that there is a higher law than the Constitution, and that under the circumstances, following government law would require him to do something that no honest and decent man can do.

In case (1), Ron Paul would willingly make himself the instrument of death and slaughter in the name of a paper rag whose virtues, if it ever had any, must depend entirely on whatever capacity it has for safeguarding, rather than destroying, the life and liberty of innocent people. In case (2), Ron Paul would be taking a powerful moral stand against aggressive war; but in so doing he would have to give up entirely on his palaver about declared wars and strict construction of the Constitution. Which would he be willing to do? I am genuinely unsure myself, based on his statements and actions thus far, and I wonder what others think.

(Interview link courtesy of Austro-Athenian Empire 2007-12-24.)

Bomb after bomb

Last weekend, CounterPunch featured Howard Zinn’s introduction to elin o’Hara slavick’s book of cartographic drawings of American aerial bombing, Bomb after Bomb. I agree with Mark Brady that this is one of the best things that Zinn has ever written. Some of the most important stuff in the essay has to do with patriotism, the conflation of the country with the State, and the criminality of aerial warfare as such. A sample:

We have had enough experience, with the Nuremberg trials of the Nazi leaders, with the bombings carried out by the Allies, with the torture stories coming out of Iraq, to know that ordinary people with ordinary consciences will allow their instincts for decency to be overcome by the compulsion to obey authority. It is time therefore, to educate the coming generation in disobedience to authority, to help them understand that institutions like governments and corporations are cold to anything but self-interest, that the interests of powerful entities run counter to the interests of most people.

This clash of interest between governments and citizens is camouflaged by phrases that pretend that everyone in the nation has a common interest, and so wars are waged and bombs dropped for national security, national defense, and national interest.

Patriotism is defined as obedience to government, obscuring the difference between the government and the people. Thus, soldiers are led to believe that we are fighting for our country when in fact they are fighting for the government — an artificial entity different from the people of the country — and indeed are following policies dangerous to its own people.

My own reflections on my experiences as a bombardier, and my research on the wars of the United States have led me to certain conclusions about war and the dropping of bombs that accompany modern warfare.

One: The means of waging war (demolition bombs, cluster bombs, white phosphorus, nuclear weapons, napalm) have become so horrendous in their effects on human beings that no political end– however laudable, the existence of no enemy — however vicious, can justify war.

Two: The horrors of the means are certain, the achievement of the ends always uncertain.

Three: When you bomb a country ruled by a tyrant, you kill the victims of the tyrant.

Four: War poisons the soul of everyone who engages in it, so that the most ordinary of people become capable of terrible acts.

Five: Since the ratio of civilian deaths to military deaths in war has risen sharply with each subsequent war of the past century (10% civilian deaths in World War I, 50% in World War II, 70% in Vietnam, 80-90% in Afghanistan and Iraq) and since a significant percentage of these civilians are children, then war is inevitably a war against children.

Six: We cannot claim that there is a moral distinction between a government which bombs and kills innocent people and a terrorist organization which does the same. The argument is made that deaths in the first case are accidental, while in the second case they are deliberate. However, it does not matter that the pilot dropping the bombs does not intend to kill innocent people — that he does so is inevitable, for it is the nature of bombing to be indiscriminate. Even if the bombing equipment is so sophisticated that the pilot can target a house, a vehicle, there is never certainty about who is in the house or who is in the vehicle.

Seven: War, and the bombing that accompanies war, are the ultimate terrorism, for governments can command means of destruction on a far greater scale than any terrorist group.

These considerations lead me to conclude that if we care about human life, about justice, about the equal right of all children to exist, we must, in defiance of whatever we are told by those in authority, pledge ourselves to oppose all wars.

— Howard Zinn, Introduction to elin o’Hara slavick’s Bomb after Bomb

Read the whole thing.

(Via Mark Brady @ Liberty & Power 2007-12-15.)

Radical feminism, libertarianism, and the terrifying feminist menace to men’s wing-wangs

A couple of weeks ago, I criticized an article by David Gordon that criticized left libertarians who criticized Ron Paul. (David Gordon later criticized my criticism of the criticism of the criticism; I posted a rejoinder; and Gordon posted a reply to the rejoinder.) Along the way in my first remarks, I mentioned (by way of an example) my views on libertarianism and anti-statist radical feminism:

I don't think that libertarianism should be subordinated to certain cultural values such as radical feminism. I believe that libertarianism, rightly understood, is both compatible with and mutually reinforcing with the cultural values of radical feminism, rightly understood. (For a more detailed explanation of the different kinds of links that there may be between libertarianism and radical feminism, see my reply to Jan Narveson on thick libertarianism.) The independent merit of radical feminism is one reason to support libertarianism as a political project (because opposing the patriarchal State is of value on feminist grounds), but that's never been the sole reason or the primary reason I have suggested for being a libertarian. The primary reason to be a libertarian is that the libertarian theory of individual rights is true. From the standpoint of justice, the benefits that a stateless society offers for radical feminism are gravy.

The views I was briefly referring to here are views that I already expressed in much greater detail in an essay on libertarian feminism that I co-authored with Roderick Long, which was linked from the same post. Over at Liberty & Power, Keith Halderman picked up on the shorter version of my remarks on radical feminism and lodged objections. You can see how it goes from there in the comment section; I complained that his post indulges in a ridiculous cheap shot, that it falsely attributes a view to radical feminists that as far as I know none of them actually held or hold, that it falls into some vulgar libertarian confusion between free market principles and defending the socioeconomic arrangements that actually exist in our unfree market, and that libertarians perhaps oughtn’t get so worked up about the dreadful menace that angry feminists pose to the safety of men’s penises.

Halderman then responded to my complaints with what I think amounts to more confusion, along the way questioning [my] commitment to limited government. As well he should, I suppose; but his suspicious glances are pointed in the wrong political direction, and based on a clear misreading of my comments. For replies, see my first and second follow-up comments.

Reformist overtures

Saturday I got a letter from the Las Vegas Area Democratic Majority Drive, an attempt by the Democratic Congressional leadership–which already has a majority but has been doing nothing or worse with it–to drum up money for an even bigger do-nothing majority through the Democratic Congressional Campaign Committee. Here’s the letter I got:

From the Las Vegas Area Democratic Majority Drive

Dear Mr. Johnson,

As 2007 comes to a close, the Democratic Party is working night and day to overcome President Bush’s misguided policies and stubborn resistance to our ideals and policies, but if we keep working together and keep fighting, we can continue to make progress, taking America in a New Direction.

That’s why I’m asking you to join other leading Democrats in the Las Vegas area in supporting the Democratic Majority Drive with a generous gift of $15, $25, $35, $50 or more today.

In the face of fierce resistance from President Bush and his Republican allies in Congress, the Democratic Majority in the U.S. House of Representatives has already strengthened House ethics rules and passed landmark legislation–repealing billions in oil industry tax breaks … lowering student loan interest rates … reducing prescription costs for people on Medicare … funding stem-cell research … raising the minimum wage … and holding the Bush Administration accountable for its disastrous policies on the war in Iraq.

But despite public support for these initiatives, President Bush is vetoing key parts of our agenda for change. Meanwhile, the Republicans are already targeting newly elected House Democrats — many of whom won in Republican-leaning districts — hoping to regain their stranglehold on the House in 2008. That’s why your support now is so vital.

As the official campaign arm of Democrats in the House, the Democratic Congressional Campaign Committee (DCCC) is our nation’s only political committee dedicated to strengthening our Democratic Majority in the House–by standing with Democratic lawmakers targeted by the GOP … recruiting strong challengers to take on vulnerable Republican incumbents … providing our candidates with financial and strategic assistance … and running political ads in their districts.

With your support today, we will be able to stay on the offense to increase our Democratic Majority and help elect a Democratic president in 2008. Your help will be critical to providing the resources needed to mobilize Democratic field activists early and turn out voters in key districts.

Mr. Johnson, the elections of 2006 were the first critical steps toward a Democratic victory that strengthens and expands our Majority in Congress and takes back the White House. Now I ask you to help finish the job and win an even bigger victory in 2008–by joining other Democratic leaders in the Las Vegas area in supporting the Democratic Majority Drive.

Thank You,

Rep Chris Van Hollen
DCCC Chairman

I marked the enclosed contribution form $0.00 and referred them to this enclosed letter, which I mailed them today, postage courteously paid by the D.C.C.C.

Rep. Chris Van Hollen
Chair, Democratic Congressional Campaign Committee
P.O. Box 96039
Washington, DC 20077-7243

Dear Rep. Van Hollen:

Yesterday I received a direct mail solicitation from you as part of the Las Vegas Area Democratic Majority Drive, asking me to donate money to the D.C.C.C. I am writing to inform you that, under the present conditions, I cannot donate in good conscience, and I have joined a Democratic Donor Strike against both the D.C.C.C. and the D.S.C.C. (http://www.democrats.com/donor-strike-2007).

While I have contributed both votes and campaign donations to Democratic candidates in the past, I have been deeply disappointed by the refusal of Democratic leadership and the Democratic-controlled Congress to live up to the promises that brought them into the majority in the 2006 elections. In your fund-raising letter, you write that the Democratic Party is working night and day to overcome President Bush’s misguided policies, and claim that the Congressional Democrats have already been holding the Bush Administration accountable for its disastrous policies on the war in Iraq. But under the control of Democrat Nancy Pelosi in the House of Representatives and Democrat Harry Reid in the Senate, the Democratic Congressional leadership has repeatedly shown, by its actions, that either it agrees with the Bush administration’s misguided policies, or else will do nothing to check them. For example, every penny of funding for the catastrophic war on Iraq must be approved by the Democratic Congress, and if you refuse to continue funding the war, President Bush has no power to continue it. Yet the catastrophic war in Iraq rages on because Congressional Democrats have supported Bush’s demands for unconditional and unlimited emergency funding to continue this appalling war over and over again. They have faced no fierce resistance from President Bush and his Republican allies in Congress, because they continue to capitulate to every demand of Bush and the Republican war hawks. That is not even a failure; it is complicity.

In light of the Democratic leadership’s actions, I will not support, or donate money to, either the D.C.C.C. or the D.S.C.C., under any conditions, unless and until the Democratic-controlled Congress stands up to the Bush administration and accomplishes these four goals:

  1. Restricting any new Iraq funds to a safe and immediate withdrawal of U.S. troops—not another penny for occupation or the Bush-Maliki enduring security guarantees;

  2. Passing legislation explicitly prohibiting any use of funds to plan or execute a pre-emptive attack on Iran, and repealing the post-9/11 Authorization of Use of Military Force that Bush and Cheney believe authorizes them to attack Iran or any other country they please, as well as to wiretap all our calls and emails without warrants;

  3. Fully restoring key civil liberties by strictly outlawing warrantless wiretapping and torture, closing Guantanamo, and restoring habeas corpus;

  4. Completing the investigation of White House crimes by using inherent contempt to compel testimony by current and former White House officials

If my help will be critical, as you claim in your letter, then I urge you and your fellow Democrats in Congress to make that help possible by demonstrating your commitment to these four goals. And I mean demonstrating your commitment by deeds, not by words. You can begin immediately by refusing to allow Congressional Republicans to attach tens billions of dollars in unconditional funding for the war on Iraq to the 2008 defense budget. I urge you to do so.

Sincerely, etc.

No union with war-mongers, spiritually or politically.

And I heard another voice from heaven, saying, Come out of [Babylon], my people, that ye not be partakers of her sins, and that ye receive not of her plagues.

— Revelation (KJV), 18:4

Our boys in uniform

Perhaps it makes me an anti-American scumbag to point this out, but I don’t especially support these efforts by lying creeps and transphobic adolescent Internet trolls in uniform to protect my freedom:

US military personnel at Guantanamo Bay called Fidel Castro a transsexual and defended the prison for terrorism suspects in anonymous web postings, an internet group that publishes government documents said today.

The group, Wikileaks, tracked web activity by service members with Guantanamo email addresses and also found they deleted prisoner identification numbers from three detainee profiles on Wikipedia, the popular online encyclopedia that allows anyone to change articles.

Julian Assange, who led the research effort, said the postings amount to propaganda and deception.

This is the American government speaking to the American people and to the world through Wikipedia, not identifying itself and often speaking about itself in the third person, Assange said in a telephone interview from Paris.

Army Lt Col Ed Bush, a Guantanamo spokesman, said there is no official attempt to alter information posted elsewhere but said the military seeks to correct what it believes is incorrect or outdated information about the prison.

Bush declined to answer questions about the Castro posting.

Assange said that in January 2006, someone at Guantanamo wrote in a Wikipedia profile of the Cuban president: Fidel Castro is an admitted transexual, the unknown writer said, misspelling the word transsexual.

The US has no formal relations with Cuba and has maintained its base in the south-east of the island over the objections of the Castro government.

Comments on news stories were posted by people using apparently fictitious names to news sites–and were prepared by the Guantanamo public affairs office, according to Wikileaks.

A comment on a Wired magazine story about a leaked Guantanamo operations manual that was recently posted on the Wikileaks website urged readers to learn about Guantanamo by going to the public affairs website, adding that the base is a very professional place full of true American patriots.

— The Age (2007-12-16): Gitmo troops vandalise Wikipedia

(Via Dan Clore (2007-12-13) on LeftLibertarian2.)

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