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Statesmanship

Why John Kasich Deserves Another Look!

February 27th, 2016 // 7:14 am @

 The Real Outsider

Governor_John_KasichThe men were talking a bit loudly, and I don’t think they even realized it. Almost everyone in the restaurant could hear them. In fact, a lot of people were obviously listening.

“I know what you mean,” the man with the deep voice said. “But I’m seeing something totally different in this election. You’re right that the outsiders like Trump and Cruz are really getting a lot of support. I just don’t think they’re the true outsiders.”

“What do you mean?” the man with the higher voice asked. “Who else is an outsider? Do you mean Bernie Sanders, because he’s a socialist?”

“No, I wasn’t thinking of Sanders,” Deep Voice replied. “But let’s just look at this whole election from a different angle. We’re calling Trump and Cruz outsiders because Trump has never held political office and Cruz is a Tea Party guy who constantly attacks what he calls ‘the Washington Cartel,’ meaning the establishment from both parties. Right?”

“Right.”

“Well, I’m not sure that’s a very good criteria for being an outsider. I think the reason a lot of voters want an outsider this year is because they’re tired of the political establishment, of both parties, and of politicians who get into office and just do more of the same—like the people they replaced. They promise real change, but it doesn’t happen. In fact, a lot of the bad things just keep getting worse, election after election.

“What we need is a real outsider. Not just someone who hasn’t been in office or always attacks other politicians, but someone who is the kind of leader we really want…”

He paused, and Higher Voice asked, “But what do you mean? I’m not sure what your point is.”

Class and Leadership

“Okay,” Deep Voice responded. “I’ll get right to the point. Our politics has become a disaster. The politicians fight all the time. They are constantly attacking each other. Attack. Attack. Attack. And we’re supposed to believe that this is just the way things are.

“But they shouldn’t be this way. We shouldn’t want leaders who are all about attacking people all the time. We vote them into office, and they just keep attacking each other in Washington. That’s not leadership. Not really. If they attacked a lot and then got really important things done, and made a lot of things better, that would be one thing. But that’s not what happens. They attack, and attack, and attack—and that’s pretty much all they get done.

“We need a president who gets the right things done, and who also doesn’t go around attacking people. We need the kind of leader we can look up to, someone who can bring people together in this nation. We’re so divided. So angrily divided. We need a real leader to get the nation back on track.”

Higher Voice replied: “That’s too idealistic…”

“Reagan did it,” Deep Voice interrupted. “He wasn’t the Attacker in Chief. He fought for what he wanted, but he did it with class. Not with name calling. Not with personal attacks. He stayed above that kind of junk. He was too good for it. He fought back, yes. But never by stooping to name-calling and personal vendettas. And that allowed him to lead the nation in big ways, and do big things like bring an end to the Cold War. We need a classy president who is also tough and confident.

“And a truly classy president would be a true outsider, very different from the attacking years of Bush, Clinton, Bush, and Obama. Just look at the 2008 election. We watched Obama and Hillary attack each other mercilessly in the campaign and debates, and we should have realized right then what kind of president Obama would be.

“We need a real change. And I don’t think that means making our politics even more focused on attacks. It means electing someone who isn’t an attacker. A fighter, yes. But classy, like a true leader.”

Higher Voice sighed loudly. “That’s so far from the current election that I don’t know what you’re proposing. What do you want to happen?”

To Act or To Attack

“First,” Deep Voice said, “let’s divide the candidates into those who attack and those who refuse to get down in the muck and act like jerks. Hillary, Trump, Cruz and Rubio are often on the attack—in the debates, in interviews, in their campaign rallies and speeches. They attack a lot. Regardless of how you feel about their politics, or their reasons for such attacks, they are consistently attacking, attacking, attacking. So put them in the jerk category, at least for this discussion.

“Second, the three candidates who usually aren’t on the attack are Bernie Sanders, John Kasich, and Ben Carson. So if we want a classy president, one whose focus is always on building people instead of tearing them down, it has to be one of them. I really dislike Sanders’ politics, so throw him out of the mix. He’s a socialist, and proud of it, and his proposals would drastically hurt the nation.

“So, third, we’re left with Kasich and Carson. Both are classy. And both go out of their way not to attack other people. They focus on building people up. They really do.

“And before you roll your eyes, really think about what I’m saying. If we want our politics to be built on people acting like jerks and fighting each other—and not really improving our nation—we should keep electing people who attack, attack, attack.

“But if we want real change, the kind that we can truly be proud of, we need to change the way our top leader acts. We need class. Depth. Virtue. We need a Washington, a Lincoln, a real leader. Tough, yes. But focused on building others, not attacking them.

“You can call this idealistic if you want, but what I’m saying is true! If we don’t have a true leader, a classy, uplifting Reaganesque example that we can tell our kids to emulate, we haven’t put our best leader in the Oval Office. Imagine telling your 12 year old son: ‘Be like Donald Trump’ or ‘attack people like Ted Cruz—as long as you win, it’s okay.’ Or even: ‘If you get behind, like Marco Rubio, find out everything bad you can about the other person and loudly tell everyone.’

“Ridiculous. We need a real president. And both Carson and Kasich are the kind of men you can tell your children to emulate. To be proud of. To follow—even into battle and death if necessary to defend our nation. To admire.

“We’ve become so used to something less that the highest character in our leaders that we seem ready to accept mediocrity in character and behavior and simply shrug it off. We need to do better than that!”

The Question of Class

Higher Voice interrupted: “I just don’t think Carson has enough experience in doing the kinds of things a president has to do.”

“Maybe he doesn’t. Or maybe he does. His understanding of freedom principles is deep, like Cruz or Rand Paul, and he might surprise you. But let’s say you’re right, just for the sake of argument. That still leaves Kasich…

He paused. Then he spoke a bit more quietly, and I noticed people leaning forward to hear. “John Kasich is everything you would want a president to be in terms of character. He’s classy to the core. He’s a man of principle and morals. And he never attacks others to tear them down or try to get himself ahead. Not ever. When others attack him, he answers their charges, clarifies the truth, and then turns to the policies our nation needs. Like Carson.

“Kasich doesn’t do what Trump, Hillary, Cruz and Rubio frequently do in the same situations—start counter-attacking whoever attacked them. When the media tries to get him to attack, he refuses. He consistently calls us to our better angels, as Madison put it.

“Kasich is classy like Reagan. He’s above petty name-calling and attacks like Reagan. He focuses on building people. Pretty much always. Yet his history proves that when it’s time to fight—against real enemies, like terrorists—he doesn’t shrink or back down. He is deeply principled. Again, like Reagan.

“But here’s the real kicker. Kasich is actually the most experienced leader out of everyone running for president. He was the architect of balancing the U.S. budget in the 1990s. He led it, and he planned out the details. He knows how to balance our national budget! He’s already done it once. Nobody else can say that. Bill Clinton and Newt Gingrich took credit for negotiating it, but John Kasich ran the numbers and developed the plan.

“He also balanced the budget of Ohio as governor. He started out with a major deficit, and turned it around very quickly. And made it last. Nobody else in the race has ever done that—with a state, or with the United States. Only Kasich has done it. Twice!

“He also served on committees that oversaw military and international affairs, and has more national defense experience than anyone else running for president, including Hillary Clinton. And beyond all this, he’s a true conservative, and has been for decades. He also worked many years in private business as a leader—he’s not just some lifetime politician.”

America The Great, Again

Higher Voice asked: “Why hasn’t he caught on with the voters?”

“I’m not sure,” Deep Voice replied. “Part of it is probably that he’s not loud and constantly attacking people. Part of it is probably that a lot of voters don’t really know much about him. I’m not sure. He did do well in New Hampshire, and the race is far from over.”

He paused. Then kept talking: “Kasich has class. He has dignity. He is the kind of person we can look up to and tell our kids to look up to—and mean it. He’s tough. He’s a proven leader. But he’s really, really nice. And, again, he’s the only person in the race who has ever balanced a major government budget, and he’s done it at both the state and the national levels. That’s huge!

“I’ve really given this a lot of thought and research. Go back and read Kasich’s speeches. He’s the kind of man who would tell Mr. Gorbachev (or Putin) to ‘Tear down this wall!’ He’s the real deal.

“Conservatives need to step back, take a deep breath, and give Kasich another look. If we want the kind of America that truly is great again, we need the right kind of leadership. And that means the right kind of leader! A true leader, one who isn’t just going to get the job done but who’ll get it done with class, dignity, and an infectious smile.”

I left the restaurant mentally kicking myself. In all my reading and watching of the election, over many months, I hadn’t done what I always tell others to do—really go study the records, writings, and speeches of all the candidates. Really get to know them. At least, I hadn’t done this with Kasich. I’m remedying that.

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Ron Paul Is the Winner in 2015 by Oliver DeMille

September 18th, 2015 // 7:14 am @

Why the Republican Establishment Is Surprised
(and a bit clueless)

by Oliver DeMille

Shock and Awe

Ron PaulThe current presidential election has left most of the Establishment speechless. They are shocked by the rise of Bernie Sanders, shocked by the success of Donald Trump in the polls, and shocked by the popularity of Ben Carson. “Shocked” may actually be too weak a word. Apoplectic, maybe?

The Establishment is also surprised by the struggles of Hillary Clinton, Jeb Bush, Marco Rubio, and Scott Walker—all of whom were widely predicted to dominate this election cycle.

“Why is this happening?” is a popular question on many political news programs right now. Along with: “Will it continue?” “What will happen next?” and “Why are the voters so angry?”

Conservatism 1.0

The answer is fascinating. To get there, let’s start with the roots of the modern conservative movement. Initiated largely by William F. Buckley, Jr. and his colleagues in the 1950s and 1960s,[i] Conservatism 1.0 struggled, persisted, gained support slowly, and then rose to victory with the election and presidency of Ronald Reagan.

The Party of Reagan was based firmly on the view that “liberalism is bad.” In this environment, Reagan’s GOP found itself directly opposed to the Democratic Party of Franklin Delano Roosevelt and his progressive successors.

The ensuing debate pitted conservatism against liberalism in a few direct, simple ways: limited government versus big government, Constitutional originalism versus judicial activism, American exceptionalism versus European style internationalism, and individualism versus collectivism.

Republicans saw conservatism as good precisely because it espoused limited government, strict adherence to the Constitution, American leadership in the world, and individual freedoms. They saw liberalism as bad because it promoted big government, an activist Court, American subordination to international organizations, and widespread collectivism through higher taxes and increased government programs in all facets of life.

This was the battle of Postwar America. And conservatives saw themselves as the Keepers of Freedom and Family Values in this monumental conflict—warriors for the American Dream and the American way of life.

After the financial downgrade of the Soviet Union during the Reagan years and the fall of the Berlin Wall in 1989, the battle lines were slowly redrawn. New superpowers emerged on the world stage, and existing alliances began to unravel. Naturally, during the 1990s the old battles were replaced with new ones, and in the 2000s world and national allegiances were weakened, redirected, and reconceived.

But the hearts of many 20th Century conservatives (and liberals, for that matter), raised and steeped in the old battles, didn’t change.

Conservatism 2.0

A huge surprise-Freedom WorksA new cultural movement sprouted in the different soil after 1989. In technology, this shift was exemplified by Steve Jobs, and eventually Elon Musk. In business, the iconic figureheads were Bill Gates and Warren Buffett. And on the political front, the pioneers of a new model were Ross Perot and Ralph Nader, and later Bernie Sanders and Ron Paul.

Congressman Paul’s contribution to the new brand of conservatism that arose is hard to overstate. For example:

  1. It replaced Reagan’s 11th Commandment (“Thou shalt not criticize other Republicans”) with a focus on principles of freedom rather than institutional political parties.
  1. It walked a fine (and frequently uneasy) line between party loyalty and going independent, finally resting on the idea that independence is more important than party—but sometimes it’s possible to get both.
  1. It called into question widespread U.S. military interventionism.
  1. It reemphasized the Constitution as a central, literal theme, rather than a mere national symbol.
  1. It put actual free enterprise above the rhetoric of free enterprise (rhetoric that most Republican presidents had ironically combined with bigger government).
  1. It appealed strongly to populism—“this is the people’s government, not vice versa.”
  1. It switched the viewpoint of conservatism from “liberalism is bad” to “government by elite power brokers and their bureaucratic agents is bad.”

Paul himself wasn’t able to convert this revolution into a White House victory, but the revolution occurred nonetheless. And the 7th point of this revolution is perhaps the most important. It animated the Tea Parties, the elections of 2010 and 2014, and it is still growing today.

It also explains the shock of the current Republican Establishment with the ousting of Eric Cantor, the support for Donald Trump, Ben Carson, and Carly Fiorina, and the popularity of Ted Cruz in comparison to Jeb Bush or Scott Walker.

Mitch McConnell, John Boehner, John McCain, Mitt Romney, Jeb Bush, and most of the Republican Establishment are operating as if the GOP is still Reagan’s party. But this is debatable. A large segment of the party is now more aligned with Conservatism 2.0.

Thus the passionate battle now underway for the future of the GOP. And with each passing election cycle, the popularity of Conservatism 2.0 is increasing.

What 2.0 Conservatives Want

To these new conservatives, the idea that “liberals are bad” is SO forty years ago. The real issue now is that “government by elites” is bad.[ii] “The elite class is bad. It is corrupt, and it’s hurting us all. It is hurting America.” In fact: “Corruption is bad. And elites are corrupt.” This viewpoint is growing.

And to members of the new conservatism, Republican elites are just as bad as liberal elites. Many consider them even worse, like modern wolves in sheep’s clothing, claiming conservatism, and gaining support for their candidates and policies by invoking conservatism, while refusing to passionately or effectively fight for it.

It is important to clarify that the Ron Paul revolution didn’t win all 7 of its main themes. The new 2.0 conservatives never warmed up to items 3 and 4, for instance:

Image Credit: IndyStar.com

Image Credit: IndyStar.com

3-less U.S. military interventionism in the world

4-more emphasis on the literal words of the Constitution

But, on the other hand, they bought the following principles hook, line and sinker:

1-focus on principles of freedom rather than institutional parties

6-populism: forget “electability” and support the candidate we think will really bring about the changes we want

7-government by elites is corrupt and bad

This tectonic shift put Carson, Trump, Fiorina and Cruz at center stage.

A Question

It remains to be seen if a 2.0 candidate can become the nominee anytime soon. And even more significant is the question of whether a 2.0 president will actually apply item 5 from the list:

5-actual free enterprise is the goal, not just the rhetoric of free enterprise

Such an approach would lead to balanced budgets, reversal of the U.S. national debt, and a high-growth economy spurred by a massive rollback of anti-small business regulation. Right now many 2.0 voters are split. They’re asking themselves if Trump or Fiorina would actually lead a serious downsizing of government—or instead just expand government like past 1.0 conservative presidents.

As for Carson and Cruz, they seem clearly committed to this approach, but 2.0 conservatives wonder if they have the capacity or authentic will to actually pull it off.

If the 2.0 crowd ever coalesces around one candidate, he or she is going to be very hard to beat—in the primaries, and even in the general. A motivated 2.0 nation will be very persuasive among independents, women, and young voters. And 2.0 is very strong in the swing states. But 2.0 conservatives won’t “go for it” if they are at all uneasy about the candidate’s direction or ability. They are, in a sense, playing the long game, and won’t blow their one-shot-at-the-big-house political capital on an also-ran.

The Election

A long primary and general election fight is still ahead, and this war between conservatism 1.0 and 2.0 won’t be easily resolved. It has already turned nasty, and it will probably get a lot worse.

But if 1.0 wins, if Jeb or another Establishment candidate is the eventual nominee, this fight will rage on. Conservatism 2.0 is young, passionate, and has the benefit of a large and growing base. It may or may not get its way in 2016, but all indications are that it will eventually win the war.

When it does, expect the president it propels into the White House to alter American history as significantly and lastingly as the 1.0 movement did with Ronald Reagan.

(Read more discussion on these themes in FreedomShift, by Oliver DeMille)

 

[i] With significant support by additional voices including Leo Strauss, Milton Friedman, Leonard Read, Friedrich Hayek, Russell Kirk, Richard Weaver, Ludwig von Mises, Ayn Rand, and Margaret Thatcher, among others.

[ii] In comparison, Liberalism 2.0, supported early on by Hobson and Mencken and Keynes, among others, and perhaps most embodied in current events by President Obama (and espoused by Bernie Sanders), frequently operates on the idea that “America is bad.” European social democracy is promoted as the alternative, the ideal, and the goal.

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A New Great Book in the Battle for Freedom! Review by Oliver DeMille

August 19th, 2015 // 2:36 pm @

 Steps to Freedom

Liberty's SecretsI read another great book today, and it rekindled my sense of hope for the future. If you care about freedom, you’ve got to read it! This new classic is Liberty’s Secrets by Joshua Charles, and it is…

But I’m getting ahead of myself. There’s a story here, an important one. And I need to tell it in order to do justice to this book. In a world of brief sound bites and too frequently shallow media and educational conversations, a great book is easily overlooked. Such greats all too often go unnoticed because we live in an era of constant—aggressive—distraction. So to introduce a genuinely great book, we need to get this right. Here goes…

I. The Great Books

I was a young boy when first it happened, old enough to ride my bicycle to the library on hot summer afternoons and find interesting books to read, but young enough that high school sports and summer trainings weren’t yet part of my daily routine. One day under the memorable breeze of the town library’s large swamp cooler I came across a long shelf of books that boldly called themselves “The Great Books”. I stopped and stared. I re-read the title, then pondered.

“These can’t be the only great books,” I reasoned to myself. “There must be others.” Intrigued, I pulled out a volume and perused the title page, then skimmed through several chapters at the beginning of the book. I was impressed by the small print, the columns and footnotes, and the sheer quantity of big, unfamiliar words. They were downright intimidating.

I marveled a bit, rubbing my fingers along the cloth-covered bindings. I knew I would read these books some day. I just knew it.

I remember nothing specific about which volumes I investigated that day, but I skimmed many of them, reading a sentence here and another there. The afternoon passed, and I eventually returned the last volume I’d removed to its place on the shelf and went to the front counter to check out the L’Amour novel I’d selected for the week’s reading.

We lived in the desert, and it was a very hot summer, so during the exertions of my bike ride home I forget about the “Great Books”. But each time I returned to the library, I noticed them again. It seemed like none of them were ever checked out, and I could well believe it. They were truly daunting, with their gold foil lettering, fancy author names, and massive domination of shelf space.

II. Fast Forward

Today I just finished reading a truly great book on freedom, and I smiled widely as I completed the last few lines and closed the book. I removed the dust jacket and ran my fingers over the sleek black hardcover with the red foil print. “I was right, that day,” I thought to myself.

Then I realized I had been right on both counts. I would, in fact, come to read the whole set someday. I couldn’t have known at the time that I would re-read The Great Books many times, teach them extensively in multiple university, high school, and graduate level courses, and spend many hours discussing their content with colleagues, business executives, students, professionals, family members, and friends. The Great Books volumes have become dear friends over the years, and I have returned to them often for heated debates with their authors or to rehash unfinished questions in the “Great Conversation”.

But I was right about the other thing as well: there are great books beyond those in Britannica’s 54 volume set. And when I encounter an additional great book, I always feel a sense of excitement. Great books are great because they are important. That’s the major criterion. They have to be truly significant, to add meaning to our world—to innovate something that wasn’t there before the book brought it to life.

III. What Makes “Great”?

Over the decades I’ve experienced several great books beyond those from the “official list,” and they always leave an impression. Like The Closing of the American Mind by Allan Bloom, The Third Wave by Alvin Toffler, or The Five Thousand Year Leap by W. Cleon Skousen. Such books, like those by Bastiat or Austen, simply must be added to list. Along with Solzhenitsyn’s works.

In recent years I’ve come across several additional great books, like Andy Andrew’s The Final Summit, Chris Brady’s Rascal, Stephen Palmer’s Uncommon Sense, Orrin Woodward’s Resolved, Judith Glaser’s Conversational Intelligence, or Henry Kissinger’s On China. I also studied an old great book I hadn’t ever read before, The Early History of Rome, by Livy, and found greatness in its pages as well. When you read a book that is truly great, it’s a moving experience.

Such books come along rarely, so when they do it is important to pay attention. But what makes a book genuinely great? After all, greatness is a very high standard. It can’t just be good. As Jim Collins reminded us, good is too often the enemy of great.

Nor can it simply be well written. It can’t merely be accurate, detailed, beautiful, or interesting. More is necessary. It can be one, a few, or all of these things, but to be truly great, it must be also be transformational. It must change you, as you read.

IV. A New Great Book!

When I started reading Joshua Charles’ book a few days ago, I didn’t know I was in for such a treat. I had already enjoyed his earlier bestselling work, so I was ready to learn. I got my pen and highlighter out, and opened the cover. But as I read I realized that this book is truly very important. Needed. And profound.

Then, as I kept reading, I noticed that I was feeling something. A change. A different perspective. A re-direction. I was experiencing…the feelings that always accompany greatness.

Charles notes in several places that as a member of the Millennial generation he felt compelled to share this book with the world. Why? Because, in his words: “I wrote this book for one reason, and one reason only: to reintroduce my fellow countrymen to the Founders of our country and the vision of free society they articulated, defended, and constructed, in their own words.”

As a member of Generation X, I was thrilled to see a Millennial take this so seriously—and accomplish it so effectively. Even more importantly, as I read I noticed something very important, subtle but profound. Charles doesn’t make the mistake of so many modern authors who write to the experts and professionals in a field. His scholarship is excellent, and he goes a step further. He has a more important audience than mere political or media professionals. He writes to the people, the citizens, the voters, the butchers and bakers and candlestick makers—the hard-working people who make this nation go, including the artists, scientists, teachers, executives and leaders.

In so doing, he is a natural Jeffersonian, speaking the important principles of freedom, culture, economics, and leadership to a nation of people—not merely to politicos or aristos, but to everyman. To underscore this (and I doubt it was a conscious decision on his part, but rather his core viewpoint), his word choice refers not to “the American voter” but rather to “we the people.” He considers himself not merely the expert, but one of us, one of the people.

I could have hugged him for this, had he been here in person. We have far too few freedom writers today who see themselves truly as part of the citizenry. When they do come along, albeit rarely, I feel a sense of kinship and I know that their hearts are in the right place. Jefferson would be proud. For example, Charles wrote:

“We no longer know where we came from, the grand story we fit into, and the great men and women who inspired the noble vision which birthed the United States of America, the first nation in history to be founded upon the reasoned consent of a people intent on governing themselves….

“Additionally, few of us are well-read enough (a problem our educational system seems blithely unconcerned with) to discuss the lessons of the human experience (often simply called ‘history’)…”

Freedom, the classics, voracious reading, leadership, and the future—all rolled into one. “This is my kind of author,” I realized, once again. “These are the themes I emphasize when I write.” So did Jefferson. And Skousen, and Woodward. No wonder I love this book.

The Current Path

More than profound, Charles’ book is also wise. Belying his Millennial generation youth, he speaks like an orator or sage from Plutarch when he warns:

“Liberty is difficult work. It is fraught with risks, with dangers, with tempests and storms. It is a boisterous endeavor, an effort for the brave and the enterprising…”

These latter words have stayed with me since I read them several days ago. I keep remembering them. Boisterous. Brave. Enterprising.

These are the traits of a free people. In classical Greece, among the ancient Israelites, in the Swiss vales, the Saracen camps, the Anglo-Saxon villages, and the candlelight reading benches of the American founders—wherever freedom flourished. Yet today we train up a nation of youth to be the opposite. To fit in (not boisterous). To avoid risk (not brave). To focus on job security above all else (not enterprising).

If this trajectory continues, our freedoms will continue to decline.

Where and When

Speaking of freedom, Charles calls us to immediate action with his characteristic humility, depth, and conviction: “We either pass it [liberty] on to our posterity as it was passed down to us, or it dies here and now.”

Here and now? Really?

Is it that immediate? Is it truly this urgent? Is it really up to us?

The answer is clear: Yes.

Yet, it is.

“He gets it.” I smile and take a deep breath. Then I whisper to myself: “Another great book!”

I hold the book sideways and look at the many pages where I have turned down the corners. Dozens of them. Just for fun, I open one of them and read:

“…we have every reason to be doubtful of, skeptical about, and disdainful toward the notion that Caesar [government] can solve all our problems.”

I nod. When freedom is under attack, leaders rise up from among the people. This book is part of that battle.

“The Great Books indeed.” I grin as I say the words.

I turn to another page with a dog-eared corner and read Charles’ words:

“‘Society is endangered not by the great corruption of the few, but by the laxity of all,’ Tocqueville had noted, and on this he was in complete agreement with the Founders.”

And now, I note, with at least one Millennial.

I feel a sense of building hope for the future. “The Millennials are beginning to lead,” I say with reverence.

“This is big. And if this book is any indication of what’s to come…

“It’s about time,” I say aloud.

Then, slowly, “Everyone needs to read this book.”

 

*Liberty’s Secret by Joshua Charles is available on Amazon

 

 

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A Parable On Education and Freedom

July 30th, 2015 // 1:04 pm @

Lines and Questions

123I was in a long line at WalMart, and I started talking with the man standing next to me. We spoke about a number of topics, including politics, and in passing I mentioned that except for military and law enforcement, private enterprises are always better than government programs. He took issue with this, arguing that the government does most things better than private entities.

When I pressed him on this, he said that of course Washington does things better than people or businesses, because the government can keep spending as much as it wants until it gets things right.

I just stared at him.

“Seriously? It can just keep spending as much as it wants until it gets things right? That’s your big argument for the effectiveness of government?”

“Of course,” he replied. Then seeing the look of amazement and incredulity on my face, he asked, “Why? What’s wrong with that?”

“You realize that your model wastes a lot of our money, right?”

“Sure, but so what? I don’t make much, so I don’t pay much in taxes. Other people pay for government programs, so why should I care?”

I shook my head. Then I asked, “Okay, but tell me: what programs has the government got right?”

Over and Under

He cocked his head and tried to think of some.

After a bit he laughed. “Well, that’s why we’ll just have to keep trying.”

My amazement grew.

I told him the following statistics I had just seen on a news broadcast of Special Report:

Between 2008 and 2013 the Social Security Administration overpaid people in the amount of $128.3 million. That’s quite a chunk of taxpayer money. To right this wrong, the government went after these overpayments and managed to recover $109.4 million.

That’s pretty good, right? Not totally efficient, but not bad.

Then the rest of the information came out. The cost of recovering this money [just over $100 million] was $323 million, making the total loss for the taxpayers a huge amount: $213.6 million plus $18.9 million in overpayments.

That’s incredible.

Go back and look over these numbers again. It’s just plain amazing!

I could see that even the man in line thought this was ridiculous. He shook his head and sighed. “Well, we’ve got a long way to go…”

It was his turn to check out, so we left it at that.

I wonder if he votes? Or serves on juries?

Education of our citizens matters.

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A Proposal on Reforming the Supreme Court

July 28th, 2015 // 8:12 am @

by Oliver DeMille

I don’t mean it. I’m going to propose it, but I don’t really want it. Or think it’s a good idea. This proposal is meant to be ironic. But it still needs to be said, because there is far too much truth to it.

Supreme Parliament of the United States

DogmasIn the wake of recent Supreme Court decisions, it’s clear that the Court doesn’t just try cases. It now writes law. It isn’t only a Supreme Court, it’s the de facto Supreme Parliament of the United States as well.

The Court uses some decisions to simply rewrite the laws of the nation, including the laws of the states. It’s been doing that for some time,[i] of course, but now it’s taking this approach to a whole new level. It has decided that the 9th and 10th Amendments are outdated, and it just ignores them.

For example, the Court labels Obamacare a “tax”, even though the Congress and President who proposed and passed it never called it that, and even though it skirts many state laws. The Court just makes up its own way.

Forget the actual case at hand; the Court is convinced that it has the power to create whatever it chooses out of thin air. Whatever the Court says, goes. Call it a “tax”. And call marriage a Constitutional right, even though the word “marriage” and the concept of marriage are never even mentioned in the Constitution or any of the Founder’s commentaries on the federal Constitution.

The Framers specifically left any and all decisions about marriage to the states. The Court has amended the Constitution without even using an official amendment.[ii] Many times. Just because it wants to.[iii] I’m not saying the Court got any of these recent decisions wrong, or right. That’s not my point. In fact, my point is much more important than any of these cases. I’m saying the Court has no authority in the Constitution to make many of its decisions.[iv]

It gave itself the power to do these things.[v] It just took the power. Such power didn’t come from the people or the Constitution.[vi] Such power isn’t legitimate authority. It is, to use the precise, technical word that the Founding generation used for this exact behavior: “tyranny”.

Whether you love the current Court’s decisions, hate them, or fall somewhere in the middle, the bigger picture is beyond the cases. The Court is now boldly and fully engaged in Judicial Tyranny.[vii]

The new rules of the Court: Just do whatever you want. You’re the Court, after all. Oh, and that pesky reality that the Constitution doesn’t give the Court the authority do more than half of what it now does? No problem. Since you’re the Court, just announce that the Constitution does, in fact, give you such authority. In fact, decree that the Court has the Constitutional authority to do whatever you decide to do.

Jefferson warned that this very thing was the biggest danger to the Constitution and to American freedoms. And his prediction has come true. The Legislative Court has become one of the greatest dangers to our freedoms. Five lawyers literally have the power to do whatever they want.

The Proposed Change!

So here’s the proposal. I heard it on a radio show, and it made me laugh. Then it made think. Then it made me mad. Check this out:

Since the Supreme Court now makes up any law it wants just by writing it up in a majority opinion, without bothering about what the House or Senate does, let’s balance the budget by just disbanding Congress. Why pay Representatives and Senators and their staff when the Court is just going to write up laws on its own anyway?

That’s the proposal. Let’s just get rid of Congress and let the Court keep doing its thing.

Again, I don’t really mean it. But at this rate, the Court is on pace to do this anyway. And in the meantime, it’s already behaving as the Supreme Court and the Supreme Parliament all in one.

One More Thing

By the way, the real solution is for Congress to pass legislation ending the use of precedent in the courts and limiting every Supreme Court decision to the scope of that one case. This will send many in the current generation of lawyers into a tizzy, but it’s the right thing to do. Assuming that we want to remain free. Such a change will immediately return the Court to its Article III powers.

Or, barring this solution, if we’re going to keep with the bad tradition of common law precedent,[viii] amend the Constitution so that 2/3 of the state Supreme Courts can overturn any decision of the Supreme Court. (More on Common Law in footnote “viii”.)

If we don’t do one of these, we literally might as well adopt the proposal above—because the Court is now operating as both the Judicial Branch and a Higher Legislative Branch.

 

NOTES

[i] See, for example: Martin v. Hunter Lessee; Cohen v. Commonwealth of Virginia; McCullough v. Maryland; Gibbons v. Ogden; Missouri v. Holland; New York ex rel. Cohn v. Graves; U.S. v. Butler; U.S. v. Curtiss-Wright Export Corp.; Wood v. Cloyd W. Miller; among others. See also: Bruno Leoni, Freedom and the Law, 3-25, 133-171.

[ii] Compare Article VI of the United States Constitution to Article III.

[iii] Some scholars and jurists will balk at this, arguing instead that the court “finds” or “discovers” the Constitutional meaning in the law. But while the Court may employ technical and/or logical language to support its decisions, it still utilizes its will. It may claim that its decisions are “findings,” and at times they are, but they are still always decisions. (If they were truly “findings,” matters of law without personal choice, all cases would be decided by 9-0 votes. Will is part of each decision.) Moreover, despite what is taught in some law school courses, the Framers clearly understood votes of the Justices to be acts of will, not mechanized requirements demanded by the laws.

[iv] Read Article III word for word. No such powers are granted.

[v] Review the cases listed in footnote “i” above. See also: John E. Nowak, Ronald D. Rotunda (Thompson-West), Constitutional Law, Seventh Edition, pp. 1-16, 138-156, 397-398.

[vi] Article III.

[vii] See how Raoul Berger warned of this a generation ago: Raoul Berger, Government by Judiciary.

[viii] Many in the legal profession argue that the Framers preferred Common Law to the other alternatives. Certainly there are a number of quotes from prominent founding leaders that on face value seem to support this view. In reality, most of the Framers preferred Common Law to Romano-Germanic Codifications. This was the major legal debate of the era, in Europe at least. Thus the Justinian model was soon to be followed by the Napoleonic Code. So when the Framers sided with Common Law over the Romano-Germanic model it was taken as a blanket endorsement of the Common Law. However, some of the top Founding Fathers, including both Jefferson and Madison, preferred a third model, the Anglo-Saxon code and system, over Common Law. For excellent background on these competing systems, see: Rene David and John E. C. Brierley, Major Legal Systems in the World Today; John William Burgess, The Reconciliation of Government with Liberty; Theodore F.T. Plucknett, A Concise History of the Common Law. In short, common law builds on precedent; the Constitution the Framers wrote didn’t require the use of precedent by the Judiciary. In the Framer’s model, the Court was “supreme” in deciding any one case. Period. This keeps the Court separated in the judicial realm. It is an independent judiciary, unlike in Britain, because it has sole authority to provide the final determination in any one case. But separation of powers gives it no authority to use dicta or precedent to influence later cases. Any allowance of precedent creates the need to explain a decision, and moves into the realm of legislation. Common Law was not the intent of the Framers. Once the Constitution was ratified, however, the attorneys of the era, trained in the Common Law, simply kept practicing their system without change. The Anglo Saxon code and model was quickly lost, to the detriment of American freedom. Most attorneys are unaware of this. Even a lower percentage of non-attorney citizens understand this. We lose our freedoms in many cases simply because we don’t know better.

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