Archive for February, 2010

Property Rights ARE Civil Rights

Thursday, February 11th, 2010
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http://www.scotusblog.com/2010/02/the-neglected-case-of-buchanan-v-warley/

Many folks I know scoff at the importance of property rights as the main pillar of justice in our world.

They believe in HUMAN RIGHTS, or so they claim, not mere property rights.

Property rights are for big corporations, or so they think, not the “little guy”.

Can the homeless have property rights? (Yes, because YOUR BODY IS YOUR PROPERTY.)

Property rights implies protection for those awful Rich White folks who live in gated communities and hire illegals to clean them.

In the movie smash Avatar, we saw the natives rise up to defend their PROPERTY RIGHTS in the Tree of Life AGAINST the big corporation. OK, it was just a movie, but wouldn’t native populations the world over benefit from property rights against crony capitalist development?

The article above lists the importance of the Supreme Ct decision in Buchanan v Warley, (1917)

Starting in 1910, many cities in the South, border states, and lower Midwest, responded to a wave of African-American in-migration from rural areas by passing laws mandating residential segregation in housing. More cities were ready to follow suit if the laws survived constitutional challenges. Several southern state supreme courts upheld the laws against constitutional challenges. In 1917, however, the Buchanan Court unanimously invalidated a Louisville residential segregation law as a deprivation of liberty and property without due process of law.

Yes, the Supreme Ct itself erred earlier in PLESSY VS FERGUSON (1896) , when it ruled that SEPARATE BUT EQUAL was constitutional.

IN Buchanan,

The Court for the first time held thait discrminatory animus, even when supported by popular opinion and expert opinion backed by contemporary social science evidence, and justified by fear of miscegenation and racial violence, was not a proper police power justification for laws violating recognized individual rights. This was hardly a foregone conclusion.

The article shows that Buchanan, panned by most legal commentators, did not completely overturn Plessy. The right of a black man to sit in a whites only railroad car was a mere “social right”. Plessy did not have a PROPERTY RIGHT to sit where he chose to, based on his railroad ticket, according to this doctrine.

But Buchanon marked a turning point in US jurisprudence regarding the rights of minorities. The Supreme Ct became much more deferential to minority rights after Buchanan.

And it did stop De Jure racial segregation in housing, even when the Ct (again mistakenly, IMHO) ruled that ZONING was constitutional. Zoning never became a major tool of segregationists.

Buchanan was argued by the FIRST PRESIDENT of the NAACP, Moorfield Storey. See http://en.wikipedia.org/wiki/Moorfield_Storey

Storey was a Cleveland Democrat, descended from the Jefferson/Jackson tradition, and was anti war. In other words, a CLASSICAL LIBERAL.

Unfortunately, the NAACP later became infused with anti property sentiments, and abandoned the property rights arguments in its post WW II victories such as Brown vs Board of Education(1954). Famously, classical liberal blacks like author Zora Neale Hurston criticized Brown for its anti property, paternalistic views toward race relations.

This abandonment of a principled property rights argument against racial segregation had, IMHO, unfortunate consequences, as it threatened the legitimate rights of ALL property owners, white and black together, and has facilitated the rise of the welfare and nanny state. And it led to the famous WHITE BACKLASH over state imposed anti property regulations, most famously FORCED BUSING.

This is why Barry Goldwater did not vote for the 1964 Civil Rights Act. NOT because he favored segregation, but because he correctly foresaw that the ACT would open the door to all kinds of federal encroachments on legitimate property rights.

Brendan

What a Great Commercial!

Monday, February 8th, 2010


What a suprise ! Even more than seeing Drew Brees outplay Peyton Manning, or hearing the whole stadium chant “We won’t be fooled again!” like a 60,000 strong Tea Party chorus during the Who’s halftime show, was this little gem of a commercial by Audi to announce its new diesel engine car during Super Bowl XLIV yesterday .

Ludwig von Mises must be smiling in libertarian heaven seeing the market produce in one minute a video set to popular music that perfectly illustrates his famous quote:

“It is important to remember that government interference always means either violent action or the threat of such action. . . . Taxes are paid because the taxpayers are afraid of offering resistance to the tax gatherers. They know that any disobedience or resistance is hopeless. As long as this is the state of affairs, the government is able to collect the money that it wants to spend. Government is in the last resort the employer of armed men, of policemen, gendarmes, soldiers, prison guards, and hangmen. The essential feature of government is the enforcement of its decrees by beating, killing, and imprisoning. Those who are asking for more government interference are asking ultimately for more compulsion and less freedom.”

Grocery clerk:Paper or plastic?
Consumer : Plastic.
Cop( slaming his face onto the grocery checkout counter): That’s the magic word. Green Police!

Leading him off in cuffs: You picked the wrong day to mess with the ecosystem, plastic boy!

What a great minute of rebellion , and from a car manufacturer whose product I would never buy!

But that is how the market works, as spontaneous improvements in our lives can come, not from a heavily regulated political system, but from anyone with the brains and pluck to make something new where nothing existed before!

For Shame, Judge Posner

Thursday, February 4th, 2010

http://www.lewrockwell.com/orig11/wargas1.1.1.html

As one of my sisters might remember, I used to say nice things about Judge Richard Posner. Of course, that was in the early 1990’s when I visited her in Chicago during the LP convention (the one attended by both the late Timothy Leary and Robert Anton Wilson).

I still have a copy of his excellent book, SEX and REASON in my library.

But lately the good judge has been demonstrating feet of clay. Neocon Clay, the worst kind.

Even though Judge Posner should be condemned for his screeds on how to make federal warrant- less wiretapping “accountable”
(http://www.fas.org/irp/congress/2006_hr/071906posner.pdf), his worst crime may be to embrace Keynesian Economics.

After all, Judge Posner did not earn his reputation as a civil liberties judge, but as a jurist who applied economic reasonings to the law. That is rare in itself, but now the libertarian/neocon confused judge is veering off into exercises of illogic that would make a freshman blush.

Posner’s reasoning is wrong :

Posner reasons that economists did not see the bubble meltdown coming. The Chicago School of economics, Monetarism, is the primary school since 1980. Therefore, he must abandon Monetarism and return to Keynes theories.

First of all, the primary premise itself is wrong. While it is true that Monetarists did not see the bubble coming (see the statements of Ben Bernanke and the Maestro himself, Alan Greenspan), it is also true that Keynesians missed it also.

But, Posner overlooks the one school of economics that DID see the Meltdown coming, the Austrian School. Ron Paul has been predicting a major crisis for years. More recently, Peter Schiff can be seen on numerous YOU TUBES debating snarking “everything is rosy” types in 2007 and before.

The Austrian School is reluctantly being recognized as the only economic school that has a logical, coherent explanation for the BOOM AND BUST cycle in modern mixed economy capitalism. Only, not by statists like Judge Posner.

The Austrian School was poised to become the primary school of economics based on its theory of subjective value and its explanation of why socialism cannot work in the 1920’s. Not to mention its monetary policy prescriptions that saved Austria from the hyperinflation that Germany endured during the Weimer Republic.

But, then along came Keynes, and the Great Depression (which the Austrians also predicted). Keynes theories became established because the political class wanted it to be established, NOT because it had better ideas. Fascism and Communism were all the rage in the thirties, and common sense took a beating. Classical economists abandoned their long held ideas and embraces Keynes, largely because that was where the government grant money was. Austrians like the great Ludwig von Mises struggled to find work. Only FA Hayek lucked out, landing a good job at, of all places, the University of Chicago.

But then Keynes theory fell apart in the 1970’s, the days of STAGFLATION. You see, Keynes built his house of cards on the idea that government should inflate the money supply to lower unemployment. (the Phillips Curve). More inflation, less unemployment, less inflation, more unemployment. But the 1970’s produced a new paradigm that Keynes’s theory could not explain: High Unemployment, High Inflation, AND High Interest Rates. Keynes was dead, as a practical matter, and his theories are hardly studied since 1980.

Except for those who use them to justify TARP and all the other Keynesian reflexive actions that occurred in the present Meltdown.

No one turned to the Austrian School in the late 1970’s either, although it did make some inroads. People turned to Milton Friedman’s Monetarism, and it did in fact prove effective -for a good while, in fact. By concentrating on restricting the money supply under new Fed Chairman Paul Volker, and letting interest rates “float”, the Fed did end STAGFLATION and generated a BOOM that lasted until the recent Meltdown, albeit with several crises and Bailouts along the way.

What about the Austrians? Well, Ron Paul got his Commission on the role of Gold, and the opportunity to write his own magnificent MONETARY HISTORY OF THE US, that makes Friedman’s Nobel Prize winning History pale in comparison. Gold was once more legalized for personal possession, but NOT as legal tender.

Monetarism failed because it’s major flaw is that a CENTRAL BANK can, in fact, control the money supply. The money supply is created from the bottom up, in commerce, and is not easily controlled by central planners. We quickly saw the invention of M1, M2, M3 etc as the Fed tried to get a handle on just WHAT money really was out there. Then, we got Petro Dollars, and eventually the EURO and other creatures of market forces and government interventions battling over money and all its myriad substitutes in a regime of “floating ” currencies, central banks and FIAT MONEY.

Now, the MELTDOWN is displacing Monetarism, but folks like Judge Posner, instead of looking to the Austrian School, are
returning in desperation to a Vulgar, Paul Krugman version of the failed policies of JM Keynes.

For shame, Judge Posner. Open your eyes to real freedom, and sound reasoning. Learn to love Austrian Economics, and do not turn to the Siren of Keynes, because you are abandoned by your love, Milton.

Brendan

Double Think, Double Talk

Thursday, February 4th, 2010


If Obama wants to create jobs…

Monday, February 1st, 2010

http://www.amconmag.com/headline/1287/index.html

The hopes of the Democrat Party for the next election lie in a recovery that allows the unemployment figure to well below the over 10% mark it has now.

That 10% mark is a minimum number. Many put the real number at 17-22%. Among blacks, even higher.

Now that the health care plan is on the “back burner”, and most people think cap’n'trade legislation as well, the focus will be on the economic recovery. And the central planners are hard at work to propose ways to “solve” the problem.

Dennis Kucinich has proposed that the government offer early retirement via expanded social security benefits so that the older workers can be replaced by younger workers. How this central plan will actually expand jobs is not clear. But, Kucinich obviously believes that JOBS are simply SLOTS that you can fit any old human being into without losing a step. Replacing experience with youth–that’s the ticket!

Meanwhile, only a few days after publishing its excellent cover story study debunking the MYTH OF THE VIOLENT IMMIGRANT, (see: http://www.amconmag.com/article/2010/mar/01/00022/), the AMERICAN CONSERVATIVE MAGAZINE has reverted to form by publishing Pat Buchanon’s sister, Bay, in an article that proclaims that the way to create jobs is to …what else?…CUT DOWN ON IMMIGRATION. She trots out the old sawhorse that immigrants are “competing” for our NATIVES’ jobs. Like anyone owns a right to a “JOB” that someone can “steal”.

Both Kucinich and Bay Buchanon are promoting the same economic fallacy: that there is a fixed number of jobs, a PIE if you will, that government can allocate by restricting competition, or merely by cutting up the pie differently.

The economy is not a stable entity like a pie, it is the dynamic interaction of millions of self motivated individuals, that can grow or diminish like any ORGANISM.

In a modern economy, jobs are a contract that carries with it a bundle of rights and responsibilities. But the important thing to remember is that the contract is for PRODUCTION. The ultimate beneficiary of any job is neither the employer, or the employee, but the CONSUMER. In semi free market American capitalism, the Consumer is still king, if a greatly weakened monarch by attacks from the state.

Central Planning, by either the left or the right, will never CREATE JOBS. Only the ability of entrepreneurs to meet consumer demand will create jobs. And consumer demand is relatively low now, as we are in a CORRECTION from massive BUBBLES caused by the state, and its unholy alliance with FRACTIONAL RESERVE BANKING and a STATE CONNECTED SINGLE CENTRAL BANK.

What this means is that even though there are still an infinite amount of human needs to fulfill, the ability to serve them is hampered by the INABILITY OF THOSE WHO WOULD CONTRACT TO HAVE A MEETING OF THE MINDS.

The primary lack of an ability to contract is the barriers to contract that the STATE has raised, directly or indirectly. These barriers are in the form of the usual suspects: Taxation, Regulation, threats of litigation, threats of more legislative interventions, etc.

The last major recession that the US had in an atmosphere of regulatory freedom occurred in 1921, when World War I ended. The war spending boom was now a bust, and the boys came home to glut the existing job market. Unemployment shot up to over 10%.

In that instance, President Harding did almost nothing. What he did do was significant-he instituted an across the board tax cut, that included defense spending. Nothing else. No bailouts, no stimulus package, nothing. Unemployment decreased rapidly, and in about a year the economy was humming again, into the ROARING TWENTIES. The history books do not mention the GREAT DEPRESSION OF 1921.

President Hoover, on the other hand, was a PROGRESSIVE to the core. He instituted the current model of BIG GOVERNMENT INTERVENTION to combat the Stock Market Bubble’s collapse. He raised taxes, signed the SMOOT HAWLEY TARIFF, exhorted businesses to keep wages high, and used the bully pulpit to claim “Prosperity is just around the corner”.

His successor, Franklin Roosevelt, used the same interventionist tactics, although he added his own wrong headed ideas, like ending gold backed notes and contracts, and replacing it with paper money. He tried to centrally plan the economy MUSSOLINI style, but the Supreme Ct voided the NRA as unconstitutional. He tried massive public works, packed the Supreme Ct, empowered unions, and finally, he entered World War II over the objection of the America First Movement. Nothing worked, until after the war. WE DO READ ABOUT THE GREAT DEPRESSION OF 1929 in our history lessons, because it lasted about FIFTEEN YEARS.

Since World War II, the US has followed the same interventionist, Keynesian path to correct the boom and bust cycle that it creates itself through fractional reserve banking, managed by a government connected central bank, and the other regulations that impede the ability of employers and employees, buyers and sellers, to FREELY CONTRACT.

In the first 150 years of the modern capitalist economy, unemployment almost never happened. Yes, there were booms and busts, due again to fractional reserve banking and its alliances with the state, either at the federal or the state level. But they were generally short lived, quickly corrected. Economists never bothered to study unemployment, because it so seldom happened.

In the twentieth century, OTOH, unemployment became a constant concern. In America, we still hope to keep it at 5% officially. In Europe, with its expanded Welfare State, chronic unemployment of at least 10% is a given fact of life. In both societies, the youth and minorities fare much worse.

How can we really CREATE JOBS? Economists like the late British economist WH HUTT (see :http://mises.org/store/Keynesian-Episode-The-P198.aspx) and more modern American economists like Richard Vedder and Lowell Gallaway ( see: http://mises.org/store/Out-of-Work-Unemployment-and-Government-in-Twentieth-Century-America-P295.aspx) who have studied unemployment propose solutions that are very much in line with the recent article by Lew Rockwell ( see: http://mises.org/daily/4083) ” HOW TO FIX THE JOBS PROBLEM”.

It consists of a program that includes:

Unemployment is not due to a lack of work to be done. It is too expensive to pay for the work to be done. So ask yourself, what are those things that prevent deals from being made?

Let me list a few barriers:

*

The high minimum wage that knocks out the first several rungs from the bottom of the ladder
*

The high payroll tax that robs employees and employers of resources
*

The laws that threaten firms with lawsuits should the employee be fired
*

The laws that established myriad conditions for hiring beyond the market-based condition that matters: can he or she get the job done?
*

The unemployment subsidy in the form of phony insurance that pays people not to work
*

The high cost of business start-ups in the form of taxes and mandates
*

The mandated benefits that employers are forced to cough up for every new employee under certain conditions
*

The withholding tax that prevents employers and employees from making their own deals
*

The age restrictions that treat everyone under the age of 16 as useless
*

The social-security and income taxes that together devour nearly half of contract income
*

The labor-union laws that permit thugs to loot a firm and keep out workers who would love a chance to offer their wares for less

Now, that’s just a few of the interventions. But if they were eliminated today, and it would only take one act of Congress to do so, the unemployment rate would collapse very quickly. Everyone who wanted a job would get one.

The Marxists who control the government would never approve these free enterprise reforms, because they still labor under the paradigm that PROFIT = EXPLOITATION. Until that notion is gone from public discourse, and centralized banking and state control of the money and currency is abolished, we will still endure BOOMS AND BUSTS , or periods of feverish economic activity followed by a crash that results in high unemployment for years. And more misguided government interventions that only make the problem worse.

Brendan