Categories
general freedom U.S. Constitution

The End the Bill of Rights Act

Yesterday, on ThisisCommonSense​.com, the “Today in Freedom” feature related that 220 years ago — on December 15, 1791 — Virginia’s ratification of the Bill of Rights made those first ten amendments to the U.S. Constitution the law of the land.

Hooray! That’s worth remembering and celebrating.

But something else happened yesterday, worth remembering but not celebrating: Congress passed the National Defense Authorization Act.

The Republican-​controlled House of Representatives [sic] had already passed the legislation. Yesterday, the Democratic-​controlled U.S. Senate sent the bill to a President Obama, waiting ready to sign it, with a whopping 86 to 13 vote.

This law says the government can arrest you on U.S. soil, shackle you, pull a hood over your face and hustle you out of the country to Guantanamo if someone somewhere in the government theorizes that you might be a terrorist.

But wait: The Fifth Amendment guarantees that you cannot “be deprived of life, liberty, or property, without due process of law.” The Sixth Amendment states quite clearly that “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial …”

Agreed, those proven to be terrorists are terrible people. But in a video posted on our website, Senator Rand Paul, who voted against this bill, pointed out, “Should we err today and remove some of the most important checks on state power in the name of fighting terrorism, then the terrorists have won.”

We can only triumph over terrorism with the Bill of Rights intact.

This is Common Sense. I’m Paul Jacob.

 

Categories
general freedom The Draft

Following My Conscience

In 1984, twenty-​seven years ago this very day, three FBI agents pushed their way into my North Little Rock, Arkansas, home and placed me under arrest.

My crime? Violating the Military Selective Service Act — that is, absolutely, positively, publicly refusing to register for the military draft. (I’d have resisted civilian service just as ardently.)

Some folks might call it dodging the draft. But not so — I met the draft head on, and in the great spirit of civil disobedience, I resisted.

Of course, there was no actual draft of young men into the military, simply a bureaucratic and regimented preparation for conscription. Seemed like the optimum time to let Uncle Sam know not to plan on me.

Rest assured, had the country been attacked I’d have been there lickety-​split. It was not the military or defending the country to which I objected; it was doing it as a conscript — a slave — rather than as a free man.

I expressed my rationale in detail in several of my writings below, from 27 years ago as well as more recently. But my view was and remains neither radical nor alien, tracking, as it does, with what Ronald Reagan said in 1980: “The draft or draft registration destroys the very values our society is committed to defending.”

As is par for the political course, it was Mr. Reagan’s Justice Department that prosecuted me for continuing to stand up for those “values.” U.S. Rep. Ron Paul, today a presidential candidate, testified on my behalf at trial.

At the trial, the prosecutors freely admitted they had every stitch of personal information the government needed the better to spit me out a draft notice should they decide to conscript young Americans. They lacked only my signature on the form.

But that is what they wanted most: my acquiescence. The law said I must “present myself and submit” to registration. I had not submitted to it; I would not — could not in good conscience do so.

At 24 years of age, with wife and an eight-​month old daughter, it was certainly a bit disconcerting to begin my adulthood, my career, as a felon. Moreover, to take that risk simply on the principle of the matter, that conscription is un-​American, a totalitarian idea, and not because I was actually threatened with being drafted.

Had I wished not to serve, I could have signed up only to refuse to go when the draft notice arrived … or I could have quietly refused to register, and faced no threat of being prosecuted. But my goal wasn’t to personally escape the draft. It was to prevent the draft from coming back, to prevent the damage the draft does to our freedom and our country by enabling a foreign policy of acting as the world’s policemen.

Some disagree with the politics of my stand. They have a right to their opinion. But I think that what we ask of everyone should be to do what they believe is right. Not to be a silent spectator, but to speak up and, when necessary, to take action.

In the end, I was convicted and served five and a half months in a Federal Correctional Institution. For better or worse, the “correction” didn’t take.

And never for an instant have I regretted doing what I thought was right.

This is Common Sense. I’m Paul Jacob.

 

further reading:

Why I Refuse to Register, 5/​17/​1985

Draft the Congress and Leave My Kids Alone, 12/​28/​2003

Americans Gung-​Ho to Draft Congress, 1/​4/​2004


Categories
general freedom national politics & policies U.S. Constitution

Video: Civil Liberties During a Never-​Ending War

What do you call a defense bill that allows indefinite detention at Guantanamo Bay of American citizens accused but not convicted of assisting terrorists without due process? Tyranny. Unconstitutional. Rand Paul compares the now-​pending legislation to the hated Egyptian Emergency Law enforced against dissidents for 30 years, which ended with the overthrow of the Mubarak regime:

Categories
free trade & free markets general freedom national politics & policies too much government video

Video: Milton Friedman on Drug Legalization

Nobel Laureate economist explaining why drug prohibition makes no sense:

Categories
general freedom property rights too much government

Plymouth’s Great Reform

Times too tough for much thanksgiving? Some of my readers, surely, are feeling the bracing effects (to put it mildly) of a severe economic slump — a so-​called “recession” that I’ve been calling, more simply (and I think more honestly) a “depression” — and all I can say is I have some glimmering of such troubles. Things could definitely be better.

But at Thanksgiving, it might do us good to consult William Bradford’s account of the History of “Plimoth Plantation,” a document that recounts how his fellow Pilgrim settlers established, endured, barely survived, recovered, and eventually thrived in Massachusetts.

By the spring of 1623 — a little over three years after first settlement in Plymouth — things were going badly. Bradford writes of the tragic situation:

[M]any sould away their cloathes and bed coverings; others (so base were they) became servants to [the] Indeans, and would cutt them woode & fetch them water, for a cap full of corne; others fell to plaine stealing, both night & day, from [the] Indeans, of which they greevosly complained. In [the] end, they came to that misery, that some starved & dyed with could & hunger.

The problem? The colony had been engaging in something very like communism.

The experience that was had in this comone course and condition, tried sundrie years, and that amongst godly and sober men, may well evince the vanitie of that conceite of Platos & other ancients, applauded by some of later times; — that [the] taking away of propertie, and bringing in comunitie into a comone wealth, would make them happy and florishing; as if they were wiser then God.

Bradford relates the consequences of common property:

For this comunitie (so farr as it was) was found to breed much confusion & discontent, and retard much imploymet that would have been to their benefite and comforte. For [the] yong-​men that were most able and fitte for labour & service did repine that they should spend their time & streingth to worke for other mens wives and children, with out any recompence. The strong, or man of parts, had no more in devission of victails & cloaths, then he that was weake and not able to doe a quarter [the] other could; this was thought injuestice. The aged and graver men to be ranked and equalised in labours, and victails, cloaths, &c., with [the] meaner & yonger sorte, thought it some indignite & disrespect unto them. And for mens wives to be commanded to doe servise for other men, as dresing their meate, washing their cloaths, &c., they deemd it a kind of slaverie, neither could many husbands well brooke it.

Yes, the s‑word: Slavery. Common property was mutual slavery.

The solution? The plan for society that Bradford attributed to God. He brooked no pleading that common property didn’t work because of corruption, sin. As he put it, “seeing all men have this corruption in them, God in his wisdome saw another course fiter for them.” The course? I’ll use a word of coined by Robert Poole, one of the founders of Reason magazine: Privatization.

Basically, what the Pilgrims privatized was land, and the fruits thereof, assigning to

every family a parcell of land, according to the proportion of their number for that end, only for present use (but made no devission for inheritance), and ranged all boys & youth under some familie. This had very good success; for it made all hands very industrious, so as much more corne was planted then other waise would have bene by any means [the] Govror any other could use, and saved him a great deall of trouble, and gave farr better contente. The women now wente willingly into [the] feild, and tooke their litle-​ons with them to set corne, which before would aledg weaknes, and inabilitie; whom to have compelled would have bene thought great tiranie and oppression.

Thus began the years of bounty in Massachusetts. There’s much more in Bradford’s account worth reading, including the increasingly tragic relations with the native Americans. And, indeed, one learns from reading such first-​hand accounts how imperfect a creature is man.

But it is obvious that some systems of property and governance work better than others, and, on the day that our government has set forth as a day of Thanksgiving, it is worth being thankful for living in a land that has upheld — to at least some degree — the system of private property that America’s Pilgrim’s learned to see as God’s “fitter course” for corruptible man.

Times may be tough today. On the bright side, they’ve been tougher. One reason for the progress we have seen — even as we endure a major setback, and perhaps a bigger one to come, as the international financial system implodes — is the system of private property that underlies our personal and economic liberties.

Let’s hope we can recover the best in this tradition.

This is Common Sense. I’m Paul Jacob.

Categories
general freedom too much government

I Gave at the IRS

A friend of mine shared something Desire Street Ministries had posted to Facebook:

We think sometimes that poverty is only being hungry, naked and homeless. The poverty of being unwanted, unloved and uncared for is the greatest poverty. We must start in our own homes to remedy this kind of poverty.

Mother Teresa said that. It’s not something you’re likely to hear from the “Occupy Wall Street” protestors. From what I’ve heard, they tend to say that people are in poverty because of big, greedy corporations … or government not taking care of them. Mother Teresa was closer to a better explanation. After all, those of us eating and sleeping well weren’t handed bread and a front door key by the government or a corporation.

A deeper poverty lurks behind persistent financial poverty. Sometimes the problem is neglect or abuse, drug addiction or alcoholism. Love can conquer all, but the Department of Social Services and the DEA don’t dispense love very effectively.

My Facebook friend commented, “Non-​profits do so much better of a job of helping the poor than big government can/​will do.”

Why is that? It isn’t because social workers don’t care. It’s that government bureaucracies are ill-​equipped to address individual needs, which go far beyond a bowl of soup and a bed or even a monthly check.

More training, regulations and new laws are hardly the solution.

We are the solution. But we won’t be if we hand the task to government and declare “I gave at the IRS.”

This is Common Sense. I’m Paul Jacob.