Rad Geek People's Daily

official state media for a secessionist republic of one

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Sauce for the goose

In the federal government’s ongoing efforts to salvage COINTELPRO from the dustbin of history, the House of Representatives recently passed H.R. 1955, a bill that would, if it also passes the Senate, create a new National Commission on the Prevention of Violent Radicalization and Homegrown Terrorism and a Center of Excellence for the Study of Violent Radicalization and Homegrown Terrorism in the United States (sic!), which would study the social, criminal, political, psychological, and economic roots of violent radicalization and homegrown terrorism in the United States and methods that can be utilized by Federal, State, local, and tribal homeland security officials to mitigate violent radicalization and homegrown terrorism.

Here are the definitions for the unwieldy jargon used in the bill:

(2) VIOLENT RADICALIZATION–The term violent radicalization means the process of adopting or promoting an extremist belief system for the purpose of facilitating ideologically based violence to advance political, religious, or social change.

(3) HOMEGROWN TERRORISM–The term homegrown terrorism means the use, planned use, or threatened use, of force or violence by a group or individual born, raised, or based and operating primarily within the United States or any possession of the United States to intimidate or coerce the United States government, the civilian population of the United States, or any segment thereof, in furtherance of political or social objectives.

(4) IDEOLOGICALLY BASED VIOLENCE–The term ideologically based violence means the use, planned use, or threatened use of force or violence by a group or individual to promote the group or individual’s political, religious, or social beliefs.

Well, O.K., fine. If that is what the Center for Excellence &c. is going to study, then they may as well start with the worst offenders. May I suggest that they begin with studying the social, criminal, political, psychological, and economic roots of the extremist propaganda coming out of Office of National Drug Control Policy, which promotes the use of force or violence by armed narcs to promote the Drug Warriors’ political and social beliefs against the will of the civilian population? Or perhaps the Internal Revenue Service, which routinely engages in the use, planned use, or threatened use, of force or violence to intimidate or coerce the civilian population of the United States, in furtherance of the United States government’s political objectives with respect to the war on Iraq, Social Security, corporate welfare, government schooling, the drug war, etc.? Or perhaps the Department of Defense, which has used repeated, massive, and merciless ideologically-based violence in order to promote the federal government’s ideology with respect to parliamentary government, nuclear disarmament, etc., etc., etc., in countries all over the world?

I fully expect that they will get right on it. After all, you’d hardly expect a double-standard from the State when it comes to ideologically-based violence.

(Story thanks to Stephanie McMillan 2007-10-28.)

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:

The Southside clergy go counter-economic: Over My Shoulder #37, from Off the Books by Sudhir Alladi Venkatesh

Here’s the rules:

  1. Pick a quote of one or more paragraphs from something you’ve read, in print, over the course of the past week. (It should be something you’ve actually read, and not something that you’ve read a page of just in order to be able to post your favorite quote.)

  2. Avoid commentary above and beyond a couple sentences, more as context-setting or a sort of caption for the text than as a discussion.

  3. Quoting a passage doesn’t entail endorsement of what’s said in it. You may agree or you may not. Whether you do isn’t really the point of the exercise anyway.

Here’s the quote. This is from Chapter 5 of Sudhir Alladi Venkatesh’s recently published book on the underground economy in the Southside of Chicago, Off the Books: The Underground Economy of the Urban Poor.

When Mayor Richard J. Daley died in 1976, Chicago’s black leadership saw clearly an opportunity to mobilize for greater electoral power. Their hope was fulfilled in 1983, when African American congressman Harold Washington was elected mayor of Chicago. A victory for African Americans, Latinos, and progressive whites, Washington’s election was also a clear indication that the political machine now dominated by whites could be effectively challenged. In the first flush of victory, churches buttressed a powerful citywide organizing initiative, built around voter education and registration and led by progressive Chicagoans, that helped defeat the machine candidates. Black clergy labored to enfranchise the black community; this movement–as its leaders liked to call it–spanned all levels, from the grassroots to the middle and upper class. Temporarily, at least, it appeared that Chicago’s South and West Side black communities were politically unified and in line with liberal whites to successfully deflect the white vote.

A different and largely ignored outcome was the effect of Washington’s political mobilization within poorer communities like Maquis Park. Johnnie Xavier’s Milky Way description seems like an exaggeration. His view that black leadership continually capitulates to predominately white machine bosses does not make total sense, particularly given that the city had just elected an African American to the city’s highest office. However, black clergy had not been key spokespersons for African American interests. Political unity among black leaders did not necessarily mean political parity. There remained an enormous gap between the cathedrals and the storefronts in terms of their capacity to procure resources and effect social change. As with all political movements, in the efforts to elect Washington, there was a double-edged quality to the organizing initiative: namely, either join or be cast aside. One scholar writes, In Harold Washington black people had drafted a standard-bearer with the credentials and progressive orientation to be their candidate for mayor. Community leaders from all sections of Black Chicago were forced to keep step with this new electoral upsurge or be cast aside. At the least, one must conclude that Johnnie Xavier’s candy bar analogy proves accurate in its allusion to the persistence of some long-standing cleavages within the black clergy.

In the campaign itself, some of the disparities among clergy could be discerned. At one point, Xavier and Wilkins met with Minister Brantley Martin, perhaps the most powerful member of the Maquis Park clergy. Martin had the capacity to mobilize thousands of voters, and it was rumored that if Washington won, Martin’s success in getting out the vote would be reflected in an appointment as a high-paid city commissioner and numerous contracts for firms owned by his congregants. Xavier and Wilkins said they threatened Martin, telling him that they would take the votes of their congregants to another candidate if they were not told exactly what they would receive in return for supporting Washington. Martin recalls what happened when the two walked into his office:

I told them if they took their votes away, I’d see to it that they couldn’t stay in the community no more, said Martin. Simple as that. I would perceive their behavior as a destructive force, no more, no less. They were injuring the livelihood of the people who walked into their place every day for help. That’s how important the Washington campaign was for black folk.

That’s a pretty amazing statement, particularly from a member of the clergy, I said.

You wanted the truth. These guys just didn’t trust anybody. I mean, I gave them hundreds of dollars. I sent my people over to fix their church, I bought them a new roof. I mean, to come in here and say I was not helping them. I had had enough.

The storefront clergy’s awareness of their limits relative to the preachers with larger congregations may not always have been displayed so dramatically, in such direct confrontation. It could simply have manifested itself in differences in perceptions, with powerful people understanding fairly clearly what Washington’s election could bring about and the grassroots clergy being only cautiously optimistic. A director of a storefront church in the eighties, Pastor Barnes, said, It was just that you knew everyday that you were hoping that you would get something for what you were doing. Those guys never worried, they always knew what they were getting.

Ultimately, it would be Harold Washington’s death, in 1987, that showed just how fragile political relations were among Chicago’s black stakeholders. His passing shed light on who might be cast aside if viewpoints became too difficult to reconcile. But even as Washington came into power four years earlier, it was possible to discern signs of discord, or at least differing and perhaps irreconcilable perspectives, within the black leadership. Part of the fragility arose from the movement’s having been built around Washington’s charismatic power as mayor–he was famously able to quickly mend cleavages as they arose–rather than through a more deliberate attempt to inculcate leadership and participatory democracy at all levels, so that the death of a leader might be survived by the appointment of a successor. As William Grimshaw has observed,

concern with elite self-interest points to the basis for the inability of the Washington coalition to survive his death. Washington’s inclination was to win over opponents rather than to exclude and punish them in the machine tradition… Washington’s reforms were not institutionalized as much as personalized. When he died, therefore, the reforms were put in jeopardy and promptly undermined by the very elements he had tolerated and left in place.

The tenuous nature of such alliances was reflected in the black clergy. Churches that brought out the black vote for Washington were a varied lot, with differences in denomination, political orientation, size, and relationship to local residents. They may have been unified in their response to racially based discrimination, but their interests could diverge considerably. Those in poor communities struggled with unemployment, poverty, and drug addiction in a way that black middle-class churches did not; conversely, the black middle class now demanded a fair share of city patronage and contracts, two issues that were very low on the list of priorities of an unskilled, jobless population living in substandard housing.

An important subgroup within the Southside black clergy were those who felt unable to advance their concerns in the Washington administration. Pastor Wilkins’s feelings represent frustrated clergy in Maquis Park who, after Washington came into power, grew at odds with him.

We said [to him], We need jobs, we got people with drug problems, we got people who need help, who need housing. What we got back, and I mean this is coming from black folk! We were told, We have to be careful because we can’t be seen as the poor people’s mayor. On one side of their mouth, they were for the people, but they were afraid to give the people what they wanted, because they would look soft. Giving of your heart. If that’s soft, then the Lord is soft. It was very frustrating not to get money for places to help people with their problems.

Father Michael Wilson, a white Southside progressive priest who supported Wilkins, remembers that eventually a segment of mostly black grassroots and storefront clergy began splitting off from the Washington agenda. Wilson deemed their return to servicing communities with noncity resources the embrace of a self-help agenda.

I really felt for Pastor Wilkins, Brother Patterson, Minister Hortons, and those folks. See, when Washington was mobilizing, you had a real neat group of what I will call grassroots and storefront ministers, priests–basically preachers who were really at the roots of the African American community. Daley never gave them attention, and, for that matter, neither did their own leadership. They did things for themselves, they responded to people with very minimal resources. Washington’s election was going to change that, at least that was the public promise made to them: he was going to build housing in those poor areas, he was going to give schools better classrooms, more medical clinics. But really, none of that happened, or at least not enough. So Minister Hortons, well all those people really, they all went back to helping themselves. Self-help I call it, because they must be given the credit for working by themselves with very tough problems around poverty and addiction. And then, then the gangs came, and well, you know the rest. I mean after that, that’s when you really had a separate, disenfranchised group. And I don’t mean just the people, but also the clergy. That’s when hope dissolves, when the clergy are not brought into the center.

When asked about his own view of ruling black leaders and the turn to self-help, Pastor Wilkins recalls a pivotal meeting in 1986 that he convened with clergy who were much closer to Mayor Washington–the so-called big preachers who were generally thought to be the most powerful figures in the Southside black community. Along with Brother Patterson, Johnnie Xavier, Minister Hortons, Father Michael Wilson, and others, he approached the big preachers–Minister Kevin Ashland, Minister Brantley Martin, Pastor Harold Brusser, and Reverend Calvin Lamar–to forewarn them of increased social problems in the black community. We asked them for specific kinds of help, Wilkins recalls. Brother Patterson, who joined in the conversation, listed the demands.

I can remember it like it was yesterday, said Brother Patterson. Down in Woodlawn, at First Baptist, sitting across a long table, like we was coming to the altar! The five [big preachers] sitting there, stone-faced, look like they lost even their hearts. We said, help us build housing, help us get medical care, help us stop police from beating on us like we were dogs, help the soup kitchens because we have homeless, meet with the gang leaders and hear what the youth are saying. What else, I can’t remember?

Then, Pastor Wilkins continued, They told us they were not sure what they could do. That’s when I realized we had a whole new boss system in Chicago. Black preachers! It was like being down South. They got what they wanted, wasn’t interested in helping everyone. Just taking care of themselves. That’s when I threw up my hands. I knew then, I knew then…

What he’s trying to say, Brother Patterson interrupted, is that that’s when we knew we were doing the right thing, but that we were going to be alone. Like we were before Washington came. There was nobody who was going to hear these cries. No one was really going to take that hard look, in themselves and in the community, seeing what was going on. That’s when we all got back together and said, Okay, let’s just do this, do it with our hearts and what we have. ‘Cause we ain’t getting no more, at least not from these so-called preachers.

The outcome of the meeting, according to those present, was that Wilkins and his colleagues realized that they would not be able to call on the mayor to address their constituents’ needs. What Brother Patterson calls the big-ticket items in Maquis Park, like high unemployment, gang crime, and housing shortages, were not going to improve appreciably in the immediate future as a result of rising black power in City Hall. But it was not entirely clear that the preachers’ alternative self-help program would be a viable means of addressing community concerns. In fact, there was no such self-help strategy in place, says Pastor Wilkins, only a feeling that whatever was going to happen was going to be coming from us–but no one knew what to do. By the mid-1980s, the only clarity the preachers had achieved was the recognition that City Hall would provide them only limited help.

The view from City Hall did not necessarily coincide exactly with the perceptions of Wilkins, Barnes, and the other modest Maquis Park clergy. Bill Owens was a senior advisor for Mayor Washington, in charge of liaising with Southside Chicago communities. He says that many of the storefront clergy could not adequately articulate their demands; they were angry, and even when they discussed specific issues like unemployment, their demands were abstract (Deal with the youth who are unhappy and turning to gangs) rather than rooted in specific programs, and therefore were not helpful to the city administration.

They would come into my office and start spouting on about how the community was going down the drain. Crime, gangs, drugs, people dying. And then they’d say that Harold Washington was responsible! They would just moan and never say exactly what they wanted. I’d say, okay, we’ll get you each ten jobs for the summer for kids. They’d say, Ten is nothing, we have thousands of people who are hopeless. I’d say, true, but let’s reduce that by ten and then we can move on.

Owens went on to say that the smaller clergy often lacked the organization to receive assistance from the city. They did not have a staff and did not have the capacity to build affordable housing (which the city might fund). Some did not have a charter or were unincorporated, so they were unable to receive money from many external parties, like foundations, charities, and city departments that contracted with local organizations to provide social services to families.

Minister Kevin Ashland, one of the big preachers and a critic of Pastor Wilkins at the time, openly described the hostility of the powerful religious bosses toward Wilkins and other storefront clergy members. In particular, he points to one of the specific self-help initiatives the storefront clergy developed to reduce crime: instead of working with police, around 1985, he says, the grassroots ministers worked directly with gangs and other criminals to solve crimes and restore order.

Black people in Chicago, then and now, have only been as powerful as the preachers around them. You know what political bosses are, right? Well, we were religious bosses. There were probably ten of us on the Southside, maybe two or three in Maquis Park. I fought long and hard to get at the table, I could do things for my parishioners: I could call the mayor and say, We need more money for this school, we need a new traffic light. These are not small things. Did the other ministers need to get our permission before they went and got in the mix with the gangs? Well, some would say no. I would have hoped that we would have been consulted, at the very least, because, well, there are consequences.

If you’re working with a beat cop, then I can’t work with him–or his commander. If you’re helping gangs smooth out their business, I can’t get the police to get them to stop. There are consequences. The white folk downtown, all they see is that there’s some crazy preacher trying to help gangs deal drugs or pimps get money from their prostitutes. Now we were trying to control what information got out [of Maquis Park]. We didn’t want to hurt our own ability to get things done. And I don’t know if there weren’t long-term problems. You help the gang leader, he becomes more powerful. Then what? He’ll kill you.

But what about the argument that you [religious bosses] were not doing anything to help people day to day? I mean, didn’t someone have to help keep order?

I’d call what they did messing about. And you see what happened. We grew apart for many years. A lot of the friendships? Well, they can’t be repaired now. And who was hurt? The people. For many years, all these preachers, if they wanted something, it’s the gangs they call, not us. Now the gangs are in jail and they’re calling us. Of course, we’ll help, but not all the time, and not without some recognition of what they did. So that’s what I mean when I say there were consequences. There’s a real divide now in the community. I’m a man of faith, but I’m not so sure it can be healed.

Ashland’s link between the clergy and street gangs points to some of the long-term consequences of the kind of self-help being developed by Wilkins and other storefront clergy. Namely, in terms of the kinds of issues they were taking up, there was a chasm growing between those at the elite churches and those working at the grassroots. As a result of citywide political transformations, a social cleavage in the black clergy had risen beyond the level of backroom griping. Pastor Wilkins and his colleagues were losing hope that participation in the Washington movement would bring about desired improvements in quality of life for local residents.

As a consequence of the meeting, the grassroots and storefront ministries perceived that their work must be supported without resources from the now black-controlled city administration. Effectively, this meant they would have only limited access to city and state funds. They also could not build on patronage jobs as vehicles to increase donor contributions. And they stood little chance of reaching black middle- and upper-class supporters of religious causes; these patrons had risen in number and stature as a result of Washington’s mobilization, but they typically aligned with the larger Maquis Park churches that were embedded in the Washington coalition. Consequently, in 1987, at the height of the Washington administration, the preachers’ focus had grown inward. This meant that they were increasingly attentive not only to local issues, but also to local sources of manpower and funds as opposed to external resources from the municipal, civic, and philanthropic community. In an economically depressed Southside region, this meant a closer relationship with the underground economy.

–Sudhir Alladi Venkatesh (2006), Off the Books: The Underground Economy of the Urban Poor. 231–241.

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:

Fair taxes

The Letters in this month’s Liberty lead off with Gerald P. Trygstad responding to an article by Gary Jason. Jason defended a flat income tax instead of the current progressive income tax. Trygstad responded by suggesting a so-called Fair Tax, i.e., eliminating income taxes entirely and replacing them with a flat federal sales tax. (It’s usually estimated to be somewhere around 20–30%, but Trygstad doesn’t get into the details.) Here’s one of the arguments that Trygstad uses to defend his proposal (emphasis mine):

A national sales tax on corporate products could tax all income (including a huge amount of underground income) at the point of sale and do so in an impersonal and equitable manner.

Jason replied that Trygstad’s suggestion was appealing, but that caution was needed because the economic effects of flat (or flatter) income taxes were better known than the economic effects of imposing high sales taxes in place of income taxes. Along the way he has this to say (emphasis mine):

His suggestion that the best solution is to move to a fair tax, i.e., to replace the current income tax with some kind of national sales tax, is something I am sympathetic to, for the very reason he points to: we need to be increasing, not decreasing, the number of taxpayers.

It’s sometimes said that one man’s reductio is another man’s reason. Maybe so. But one might be a bit surprised to see this exchange went on in the pages of a professedly libertarian publication. The fact that a tax scheme would increase the government’s ability to pry money out of off-the-books income streams, and the fact that it would result in having more taxpayers rather than fewer, seems obviously to be a reason against adopting that scheme, not for it.

Just in case you’ve forgotten, when the federal government has money in its hands it uses that money for programs that are, on the whole, wasteful, stupid, and often insidious or actively destructive. Government revenue pays for pork-barrel projects, inane subsidies, sclerotic bureaucracies, meddlesome regulation, finding harmless drug users and locking them in cages, finding harmless immigrants and exiling them from the country, domestic surveillance, extraordinary rendition, torture, and blood-soaked imperial wars and occupations. Expanding the government’s ability to get that money and diminishing people’s ability to hide their money from the government should not be a libertarian policy goal. And neither should making sure that everybody gets robbed at about the same rate–you know, just to be fair.

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