A Case Against the Eleventh Amendment

The first amendment to the United States Constitution following the Bill of Rights is the Eleventh Amendment, which reads:

“The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.”

This Amendment was ratified in 1795 in response to the Supreme Court decision in Chisholm v. Georgia (1793). The case came from the Revolutionary War, when Captain Robert Farquhar, a resident of South Carolina, supplied goods to the state of Georgia for which Georgia did not fully pay. Farquhar died in 1784. In 1792, Alexander Chisholm, the executor of Farquhar’s estate, filed suit against Georgia in the US Supreme Court over payment that Georgia still owed for the goods. US Attorney General Edmund Randolph argued the case for Chisholm, but government officials in Georgia claimed sovereign immunity and refused to appear. The Court found by a 4-1 margin that the grant of federal jurisdiction over suits “between a State and Citizens of another State” in Article III, Section 2 of the Constitution granted federal courts the power to hear cases between private citizens and States, and that States did not enjoy sovereign immunity in such cases.

The Eleventh Amendment was written mostly for the purpose of overturning the Chisholm decision, which stands as one of only a handful of court rulings to be overturned by a Constitutional amendment. The ruling in Hollingsworth v. Virginia (1798) held that every pending action under Chisholm had to be dismissed due to the ratification of the Eleventh Amendment. The only remaining way at the time for a state to be sued by non-residents of the state was for that state to consent to the suit.

Since then, three Supreme Court cases have made further exceptions to a state’s sovereign immunity. Fitzpatrick v. Bitzer (1976) held that Congress may abrogate the sovereign immunity of a state pursuant to a valid exercise of the Fourteenth Amendment, Central Virginia Community College v. Katz (2006) held that Congress may do the same in bankruptcy cases through Article I, Section 8, Clause 4, and Lapides v. Board of Regents of University System of Georgia (2002) held that a state waives the Eleventh Amendment if it invokes a federal court’s removal jurisdiction, which is the right of a defendant to move a lawsuit filed in state court to the federal district court for that location.

To make a case against the Eleventh Amendment, we will first note the problems with its interpretation, then we will examine the failings of the doctrine of sovereign immunity in general, as refuting this doctrine defeats the Eleventh Amendment a fortiori.

Procedural Problems

The first thing to note is that the interpretation of this amendment, like every other part of the Constitution, is decided by judges who are paid by the state in courts which are monopolized by the state. Thus, the Eleventh Amendment means whatever people in black costumes say it means, which need not be in keeping with common usage or dictionary definitions because effective challenges to their power once the appeals process is exhausted are almost nonexistent. (There are the possibilities that a judge will be impeached and removed or that the Constitution will be amended, but these possibilities are rare enough to dismiss in most cases. Chisholm and the Eleventh Amendment are a rare exception to the latter.) The incentive of people who are paid by the state is to encourage the health of the state, which means erring on the side of expanding the size and scope of government, kowtowing to popular opinion rather than handing down consistent rulings, and reducing government accountability. This constitutes a threat to individual liberty and tends toward the curtailment of civil liberties.

In their interpretation of the Eleventh Amendment, the Court has consistently sided with state governments and expanded sovereign immunity beyond the text of the Amendment. The Court has shielded states from nearly all monetary damage actions brought in any court. The text does not mention a state’s own citizens, but in Hans v. Louisiana (1890), the Court interpreted the Eleventh Amendment to give a state sovereign immunity against citizens of that state. Justice Anthony Kennedy wrote for the 5-4 majority in Alden v. Maine (1999),

“[S]overeign immunity derives not from the Eleventh Amendment but from the structure of the original Constitution itself. … Nor can we conclude that the specific Article I powers delegated to Congress necessarily include, by virtue of the Necessary and Proper Clause or otherwise, the incidental authority to subject the States to private suits as a means of achieving objectives otherwise within the scope of the enumerated powers.”

This, despite what Justice David Souter observed in the dissenting opinion,

“The 1787 draft in fact said nothing on the subject, and it was this very silence that occasioned some, though apparently not widespread, dispute among the Framers and others over whether ratification of the Constitution would preclude a State sued in federal court from asserting sovereign immunity as it could have done on any matter of nonfederal law litigated in its own courts.”

Souter’s dissent in Seminole Tribe v. Florida (1996), another 5-4 decision defending sovereign immunity, is also illuminating:

“There is almost no evidence that the generation of the Framers thought sovereign immunity was fundamental in the sense of being unalterable. Whether one looks at the period before the framing, to the ratification controversies, or to the early republican era, the evidence is the same. Some Framers thought sovereign immunity was an obsolete royal prerogative inapplicable in a republic; some thought sovereign immunity was a common-law power defeasible, like other common-law rights, by statute; and perhaps a few thought, in keeping with a natural law view distinct from the common-law conception, that immunity was inherent in a sovereign because the body that made a law could not logically be bound by it. Natural law thinking on the part of a doubtful few will not, however, support the Court’s position. […] [S]everal colonial charters, including those of Massachusetts, Connecticut, Rhode Island, and Georgia, expressly specified that the corporate body established thereunder could sue and be sued.”

Souter’s dissents demonstrate that there is no textual basis in the Constitution for sovereign immunity. But even if there were, the concept should still be opposed. In the next two sections, we will see why.

Problems With Sovereign Immunity

There are a multitude of problems with the concept of sovereign immunity. First, sovereign immunity denies compensation to victims of statism. Those whose rights are grossly violated by government agents are deprived of a redress of grievances by sovereign immunity, as well as meaningful peaceful recourse. Second, immunity for government agents denies due process to the citizenry because due process requires a judicial forum, which sovereign immunity denies to those whose cases are dismissed on such grounds. Third, the unwillingness of courts to hear cases in which states violate legal provisions that are intended to limit state power can render those provisions unenforceable, and an unenforceable law is functionally equivalent to no law at all. The people are thus left to rely on the good faith of governments that they will not abuse the people, which if history is any guide, is not a realistic strategy.

Fourth, that who are immune from civil damages and criminal punishment are unaccountable is a tautology, so sovereign immunity is obviously incompatible with government accountability. Fifth, this lack of accountability creates a moral hazard for those who wield state power. Any such unaccountable power is magnetic to the corruptible, who would abuse that power for their personal gain and the health of the state at the expense of the people. Sovereign immunity thus incentivizes the worst people to seek positions in government in order to abuse state power. Sixth, any just system must be no respecter of persons or affiliations. But the doctrine of sovereign immunity creates a double standard; some people may violate the law with impunity while others may not. Thus, equality before the law is impossible in the presence of sovereign immunity.

Finally, the absence of a peaceful method of obtaining justice through an established system means that those who demand justice must either live without or seek justice violently on their own. Though this is morally justified when done by citizens against government agents, there is a greater possibility of irreparable errors being made through vigilante methods than through judicial methods. There is also a risk of chaotic societal breakdown if vigilantism should become normalized in the absence of the organization and alternative institutions necessary to replace the state with a superior form of social order. Eliminating sovereign immunity would open a new avenue for obtaining justice peacefully.

Objections

In addition to making the case against sovereign immunity, it is necessary to refute the common arguments in its favor. First, proponents will argue that allowing people to sue the state for damages will endanger the public treasury. This could allow people to gain private ownership of government buildings as payment for civil judgments if the treasury is bankrupt, as well as pass on financial burdens to taxpayers. The standard counterargument is that these concerns are outweighed by the positives of eliminating sovereign immunity that were enumerated in the previous section. The sharper counterargument is that these are features rather than bugs. The money in the public treasury was obtained by demanding money from the citizenry and threatening them with violence for nonpayment. Although a monetary judgment would not, for the most part, return these funds to their rightful owners, the recipients would hold the money more justly than the thieves who call themselves by the euphemism of tax collectors. Government buildings are likewise built and maintained by extorted money, and are generally built upon conquered or otherwise stolen land. Passing on financial burdens to taxpayers is a moral evil, but this could be partially remedied by cleaning out the finances of individual government personnel and/or auctioning government assets before tapping into the treasury. On the other hand, increasing the tax burden on the citizenry may inspire them to either leave the state-sanctioned economy for the informal economy or think in revolutionary terms.

Second, there is the argument that sovereign immunity preserves separation of powers by preventing the judiciary from dominating the executive branch. But because a lack of ability to sue the government removes accountability, neuters provisions that limit state power, and creates moral hazard, sovereign immunity removes the very sort of checks and balances that its proponents claim to protect by keeping the judiciary from restraining the executive branch.

Third, there is the argument that there is no authority in the Constitution or other federal law for suits against the government. This is not an argument for the righteousness of sovereign immunity; only an argument that it currently exists. By this argument, such authority need only be created by Congressional legislation or a Constitutional amendment if it did not already exist. But such authority already does exist under the Constitution in its mandates for due process, government accountability, and the supremacy of federal law.

Fourth, there is the argument that adequate alternative methods for redress exist, making the elimination of sovereign immunity unnecessary. Not only does this argument fail to deal with the problems described above, but there are not always alternative methods. Injunctive relief redresses future violations but not past violations, suing individuals may not produce sufficient civil judgments, and statutes may immunize government agents from suit. This argument would once again leave people to rely on the good faith of governments that they will not only not abuse the people, but will perform restitution when they do.

Finally, defenders of sovereign immunity will appeal to tradition, citing the fact that the United States government has enjoyed some form sovereign immunity for most of its history, as have its constituent states. For example, in United States v. Lee (1886), the Court held that “the United States cannot be lawfully sued without its consent in any case.” But appeal to tradition is a logical fallacy; there should be some other reason for continuing a policy besides its longstanding in order to validate the choice.

Conclusion

It is clear that the doctrine of sovereign immunity causes many problems, and that the arguments in favor of it are easily refuted. Further, there is no basis for it either within the text of the Constitution or in a nonoriginalist view. Repealing the Eleventh Amendment and ending sovereign immunity for US states would be a positive step, but it would not go far enough. As shown above, all sovereign immunity should be ended so that agents of the state may be held to the same moral standard as everyone else and many abuses of power may be prevented.

Nine Observations On The Congressional Baseball Shooting

On June 14, James Hodgkinson, 66, of Belleville, Ill. opened fire on several Republican members of Congress and their staffers while they were practicing at Eugene Simpson Stadium Park in Alexandria, Va. for the annual Congressional Baseball Game for Charity, which was held the next day. 20 to 25 Republican congressmen were present at the time. A ten-minute shootout followed between Hodgkinson and officers from Capitol Police and Alexandria Police. Hodgkinson died of his wounds, but not before shooting House Majority Whip Steve Scalise (R-LA), Congressional aide Zack Barth, lobbyist Matt Mika, and Capitol police officer Crystal Griner, who was part of Scalise’s security detail. All were hospitalized, but are expected to survive. Scalise was the first sitting member of Congress to have been shot since Rep. Gabrielle Giffords (D-AZ) was shot in 2011. Nine observations on these events follow.

1. A libertarian has no dog in this particular fight, even if this is not the case in a broader context. From a philosophical libertarian perspective, the state is a criminal enterprise. Its legislators give orders to commit acts that would be considered criminal aggression if anyone not involved with the state behaved identically. Its enforcement officers defend the legislators and carry out their orders, regardless of the morality of said orders. The lobbyists who engage government officials are thus seeking to secure unjust advantages for the interests they represent.

Although the people Hodgkinson attacked were legitimate targets for defensive force by libertarian standards, he was not motivated by a desire to defend himself and others against this cabal. Rather, he was a supporter of socialism who had a history of aggressive behavior with firearms. Before going on a shooting spree, he asked whether Democrats or Republicans were on the field, wanting to shoot members of a particular political party rather than members of the state apparatus in general. He sought not to attack the state as an institution, but to increase its size and scope.

Thus, there are no sympathetic characters involved from a libertarian perspective. It makes the most sense for a libertarian to pull for no one and hope for losses on both sides in such a case.

2. Calls to avoid politicizing this event are nonsensical. As an attack by a radical partisan against members of a rival political party, Hodgkinson’s actions are inherently politicized. Thus, calls not to politicize the shooting make as much sense as telling a person seated in a chair not to sit down.

3. Because the event is inherently politicized, the relevant question is how it will be politicized. A political narrative will be woven from the threads of this event, and rightists must choose whether they wish to be active in this role or to allow leftists to control the narrative. Republicans can allow this shooting to cow them into opposing the Trump agenda, or use the event to rally support for it. Everyone shot by Hodgkinson is expected to survive, but a death among the shooting victims would provide Republicans in general and Trump supporters in particular with a martyr. The question is whether they would be bold enough to use the memory of the fallen to advance a political agenda, something that has never bothered the left.

4. The reaction of Bernie Sanders was confused. In response to the shooting, Sen. Sanders (I-VT) spoke on the floor of the Senate, saying,

“I have just been informed that the alleged shooter at the Republican baseball practice is someone who apparently volunteered on my presidential campaign. I am sickened by this despicable act. Let me be as clear as I can be: Violence of any kind is unacceptable in our society and I condemn this action in the strongest possible terms. Real change can only come about through nonviolent action, and anything else runs against our most deeply held American values.”

Sickened though Sanders might be, violence is apparently quite acceptable in our society. The state, of which Sanders is part, is an institution of violence. Thus, it is not violence per se that bothers him; rather, it is the possibility that the violence will no longer be unilateral and the fear that he and his ilk may be next. And of course, Sanders has done his own part to incite violence by advocating for the politics of envy. His statement that the belief that change through violent action is contrary to American values demonstrates a profound ignorance of American history. The United States was born in a violent revolution against Great Britain, expanded through violent conquest of Native Americans and others, and bonded together through violent suppression of the Confederacy. The truth about change and violence will be found not in the words of Sanders, but of Otto von Bismarck, who said, “The great questions of the time will not be resolved by speeches and majority decisions, but by iron and blood.”

5. Some leftists are incapable of rational thought concerning gun control. As usual, Democrats were quick to call for gun control measures and publicly wonder why Republicans would not support such measures. This, after Republicans were under attack by a gunman who was not disarmed by existing gun control measures while they were disarmed by those measures. Rationality would suggest that gun control was the problem rather than the solution. Had a special class of people not subject to gun control laws been absent, as they would have been without the presence of a high-ranking member of Congress like Scalise, no one would have stopped the bad guy with a gun.

6. Those who cannot use reason must learn by bitter experience. It is a shame that no Democrats were present to cower in the dugout with nothing more than baseball bats to defend against a rifleman. This is the kind of scenario that those who push for greater restrictions on the right to keep and bear arms seek to inflict upon the citizenry, whether they realize and/or admit to it or not. Just as the best way to stop a bully is to bloody his nose, the best way to change the behavior of errant legislators is to give them first-hand experience of life under the conditions imposed by their desired legislation.

7. Hodgkinson was radicalized by the establishment media. Since the election of Trump, leftist elites in Hollywood, New York, and Washington, D.C. have waged an unprecedented campaign of resistance against him, attacking everyone around him and showing no regard for basic decency. From Kathy Griffin posing with a bloody beheaded Trump effigy to a rendition of Shakespeare’s Julius Caesar with Trump being assassinated to media personalities wishing for Trump’s death to Madonna ruminating about blowing up the White House, the left has been sending an unmistakable dog whistle to its most extreme elements. Just as Islamic State puts out radical material and counts on the few who might act upon viewing it to engage in violence on its behalf, the leftist media seeks this kind of result against Republicans in the age of Trump.

8. Shooting legislators makes sense in a democratic republic. Hodgkinson only had one vote as a Democrat in Illinois, and that vote was not only statistically unlikely to alter an election result; it was completely useless against 434 House members and 98 Senators. Had police not stopped him, his bullets would have done far more to advance his objectives than his ballots ever could, being effective where his votes were meaningless.

There are many things that a legislator cannot do after being killed, but the most important things one cannot do are vote and make public statements concerning important issues. Although anyone Hodgkinson would have killed would almost certainly have been replaced by another Republican, the replacements would always have the killing of their predecessors in the backs of their minds, which would have a chilling effect on their votes and public statements.

For a fringe extremist who had lived the majority of his life expectancy, was out of work, was living in his vehicle, and was increasingly frustrated by a political zeitgeist that was moving away from his worldview, Hodgkinson acted in a perfectly understandable manner according to the circumstances of representative democracy. He sacrificed himself for his cause and, had he been successful, would have eliminated several percent of his political enemies in Congress.

9. Calls for civility will not last, nor should they. The leftist establishment has done everything in its power to push its fringe elements to engage in political violence, all while hiding behind the euphemism that they support a diversity of tactics. From Hodgkinson to Antifa, they have gotten their wish. For far too long, there has been an imbalance of political terror in Western nations, with the statist left consistently on offense and rightists and libertarians consistently on defense. Until this balance is restored, the left will continue their efforts to destroy liberty and put all non-leftists in physical danger. It is for this reason that rightists and libertarians should rebuff calls for civility and prepare for war.

The Immediate Danger Standard Is Statist Nonsense

The nature of the appropriate use of force is the central concern of libertarian philosophy. This philosophy offers a concise answer: initiating the use of force is never acceptable, but using force to defend against an initiator of force (hereafter referred to as an aggressor) is always acceptable. Unfortunately, this answer is not as clear as it may appear to be because there is confusion over what constitutes using force to defend against an aggressor. This confusion, coupled with the influence of statism, has led to an idea known as the immediate danger standard, which says that using force against someone who is not presenting a physical threat at the exact moment that force is used constitutes aggression. Let us explore both why this standard is wrong and why it has risen to prevalence.

Libertarian Theory

The starting point for all of libertarian philosophy is self-ownership; each person has a right to exclusive control of one’s physical body and full responsibility for actions committed with said control. Note that in order to argue against self-ownership, one must exercise exclusive control of one’s physical body for the purpose of communication. This results in a performative contradiction because the content of the argument is at odds with the act of making the argument. By the laws of excluded middle and non-contradiction, self-ownership must be true because it must be either true or false, and any argument that self-ownership is false leads to a contradiction.

Each person has a right to exclusive control of one’s physical body, so it is wrong for one person to initiate interference with another person’s exclusive control of their physical body without their consent. This is how the non-aggression principle is derived from self-ownership. Each person has full responsibility for the actions that one commits with one’s physical body, so one may gain property rights in external objects by laboring upon unowned natural resources, and one owes restitution for any acts of aggression that one commits against other people or their property. The reason for this is that one is responsible for the improvements that one has made upon the natural resources, and it is impossible to own the improvements without owning the resources themselves.

Because the non-aggression principle and private property rights are derived from self-ownership, they are dependent upon self-ownership. That which is dependent cannot overrule that upon which it is dependent. Therefore, self-ownership takes primacy if there should be a conflict between self-ownership and external private property rights, or between self-ownership and non-aggression. Libertarian philosophy is a logical construct. Therefore, it is subject to logic in the form of rationality and consistency. This means that logical contradictions are objectively invalid, and hypocrisy is subjectively invalid. Contradictions cannot be rationally advanced in argument, and hypocrisy cannot be rationally advanced by the hypocrite. For private property rights, the non-aggression principle, or indeed even self-ownership, to apply to a person who has violated another person’s rights of the same kind is inconsistent. As such, a thief or vandal has no standing to claim property rights, an aggressor has no standing to claim non-aggression, and a murderer has no standing to claim self-ownership until restitution is made for their crimes. In the latter case, restitution is impossible because a murder victim cannot be made whole. The practical result is that if an aggressor refuse to perform restitution and continue in a state of criminality, they may be attacked in ways which would violate the non-aggression principle if done to a non-aggressor, as an aggressor’s actions demonstrate a rejection of the non-aggression principle.

Libertarianism Versus Immediate Danger

The ideas of absolute self-defense and open season on unrepentant aggressors that come to us from a rigorous interpretation of libertarian theory synthesize a far more expansive view of the proper use of force than the standard of immediate danger. The libertarian view is not only logically sound, but superior in practice as well because it allows libertarians to deal with situations that those who adhere to a standard of immediate danger cannot resolve. Let us consider four examples of this.

First, there are cases in which people engage in behaviors that pose a deadly risk to innocent bystanders. Someone who drives under the influence of substances which impairs one’s faculties endangers the life of everyone in the vicinity of such behavior and is therefore committing an act of aggression against everyone who could reasonably be hit by the car. There are aspects of current DUI laws that need to change, such as being able to get a DUI while sleeping in a car or riding a bicycle, but it is a valid concern for an individual or a libertarian security service to act against. The use of force to stop the car and detain the driver so as to keep him from continuing to drive under the influence of an intoxicating substance is justified, even though there may not be a person who is in immediate danger. The alternative is to wait until the driver actually injures or kills someone, which is obviously inferior to a proactive approach.

Second, an immediate danger standard does not allow one to recover stolen property. A guard of stolen property has not directly victimized anyone, but is acting to aid and perpetuate a violation of property rights. A thief who possesses stolen goods but is not currently in the act of thievery is not immediately endangering anyone, but is an unrepentant aggressor. When the rightful owner of the property or his agent comes to reclaim the property, the use of force to subdue a guard of stolen property in order to reclaim the property is justified. The alternative produces the absurd result that a thief may get away with property crimes simply by guarding and fencing whatever he has already stolen, so long as he is never caught in the act.

Third, those who commit crimes indirectly by hiring out their dirty work escape under an immediate danger standard. A person who hires thieves or contract killers does not directly steal from or murder anyone, but such a person is vicariously responsible for the crimes or attempted crimes committed by his agents. The use of force by the would-be victim or an agent of his against someone who hired the criminals is therefore justified, even though the employer of the criminals did not directly victimize anyone. In this case, the believer in the immediate danger standard must face one thief or assassin after another until finally losing one’s property or one’s life instead of eliminating the threat at its source.

Fourth, there is the long-term goal of all consistent libertarians: the abolition of the state. At its core, the state is a means for certain people to do that which is criminal for anyone else to do while evading consequences and accountability. When government legislators and regulators make policy, they are threatening the populations they govern with theft, assault, kidnapping, and murder carried out under color of law. They hire out the enforcement of these laws to their police and military personnel. These personnel sometimes put citizens in a situation that a proponent of the immediate danger standard would recognize as appropriate for defensive force, but most people offer sufficient compliance with the state to avoid facing men who have guns literally pointed at them. Those who restrict themselves to an immediate danger standard will consistently lose to those who operate under no such handicaps, and will certainly never use the amount of defensive force necessary to create and maintain a libertarian social order.

Statist Influence On Libertarians

Given the clear shortfalls of the immediate danger standard, why do so many professing libertarians advocate for it? As with most instances of corruption in the world, the state is to blame. The state is a group of people who exercise a monopoly on force within a geographical area. They use this monopoly on force to maintain monopolies on the creation and enforcement of law, the provision of criminal justice, and the final arbitration of disputes. The state uses an imminent danger standard for lethal self-defense in its legal codes because this furthers the goal of perpetuating the state.

If the libertarian standard were used, it would render much of the state’s police and court functions irrelevant. If one were legally allowed to use any amount of force necessary to stop those who recklessly endanger bystanders, to reclaim stolen property, and to eliminate crime bosses, it would show everyone just how little need they have for government protection services. Whatever errors may occur in such actions pales in comparison to the destruction wrought by states. Such a culture of independence and self-responsibility cannot be allowed among human livestock by any competent human farmer. A culture in which such uses of force by the citizenry are commonplace would swiftly eliminate its criminal element, thus depriving the state of the propaganda line that the state is necessary to protect against criminals. That those in power would rather endanger their subjects by allowing the criminal element to persist than give up power is the most cynical explanation for their behavior, so it is likely to be correct. Third, and most importantly, the conduct of government agents would be considered criminal if they were not government agents. The libertarian standard, which has no respect for badges, costumes, or affiliations, would thus lead people to use force against government agents for being unrepentant aggressors.

One might protest that one lacks agency in matters between an aggressor and a victim whom one does not officially represent, but the concept of agency has been shaped in a world dominated by states. The concept of agency in a libertarian social order would likely impose fewer limits on an individual’s conduct, thus leaving one free to use force against unrepentant aggressors even if not in an immediate self-defense situation. The possibility of becoming an outlaw subject to the every whim of anyone who cares to attack an unrepentant aggressor presents a strong deterrent against committing acts of aggression.

Conclusion

Libertarians presently live under statism, and most make the subjective value judgment that it is better to live to fight another day than to defy the state in such a bold manner when they lack the manpower and resources to win the ensuing conflict. This is understandable, but this has unfortunately confused some libertarians into believing in the imminent danger standard instead of reasoning through the philosophical answer. It is one thing to comply with the state under duress in order to live, advocate, work, and prepare for the day when forceful noncompliance is feasible, but it is entirely another to internalize and promote the standards of the state. The immediate danger standard is statist nonsense, and libertarians must understand this if they are to create and maintain their preferred forms of social order.

Book Review: The Science Of Selling

The Science of Selling is a book about how science can improve the field of sales by American sales trainer David Hoffeld. The book explains what research in psychology says about each aspect of the sales process, as well as how to sell in accordance with how the brain makes buying decisions. The book is divided into ten chapters, which comprise three sections that focus on different aspects of the business of sales.

Hoffeld begins by discussing some of his background and what made him decide to use science to improve his sales performance. He then explains why sales is not an obsolete profession and why science works to improve sales performance. The remainder of the introduction lays out the framework of the rest of the book.

The first chapter explores why salespeople are struggling. The suggested remedy is to adjust sales techniques to conform to the manner in which the human brain makes buying decisions. The second chapter covers the functionality of influence. The peripheral route is explained first, in terms of building trust and understanding the heuristics that most people use when making decisions. The central route is explained next, which involves the actual message of the salesperson. What this message should contain is the primary focus of the third chapter. Hoffeld uses a proprietary method called the Six Whys combined with attending to the buyer’s emotional state in order to address a buyer’s questions and get the buyer to feel like buying. These questions allow a salesperson to understand a buyer’s needs and convince a buyer to purchase a good or service now from a particular company. The fourth chapter focuses on the role of emotions in decision making and how salespeople can alter a buyer’s emotional state away from negativity.

The second section, composed of the next five chapters, begins with a study of questions. Many types of questions are analyzed, along with their role in the course of securing a sale. These are used to gain a basic understanding of a subject, then prompt potential buyers to think through an idea, then get potential buyers to disclose their dominant motives. The sixth chapter delves into primary buying motivators to explain why buyers buy from particular providers, then turns to buying requirements. Advice for dealing with decision makers and those who influence them come next, followed by how to learn a buyer’s decision criteria concerning what they need, how soon they need it, and how much they can pay for it.

Hoffeld deals with value creation and countering obstacles to making a sale in the seventh chapter. He uses social exchange theory to explain how a salesperson can help buyers to see value in the product being sold. Next, inoculation theory as a means of neutralizing competitors is discussed. After this, Hoffeld returns to the Six Whys and positive emotional states when considering how to address objections. In the eighth chapter, Hoffeld shares his approach to closing a deal. The Six Whys factor in again, as he views the close as a commitment that follows from a series of commitments throughout the sales process. This is supported by evidence from psychology that shows the power of the desire to be consistent. The use of trial closes to guide buyers into making a decision to purchase are covered next. Hoffeld suggests handling non-commitments by addressing objections and reinforcing the commitments that the potential customer has already made. With that done, the only thing left to do is to make a closing statement or ask a closing question to finish a deal.

The ninth chapter is about the design of sales presentations. The experiment Hoffeld mentions with jam selections in a grocery store to show that more choices can reduce sales is illuminating in the field of sales and far beyond. The strategies of setting anchors that portray one’s product as superior to an alternative, activating a customer’s mirror neurons by exhibiting their body language, using visuals instead of words only, and the use of stories and testimonials are recommended for effective sales presentations.

Hoffeld closes with a final section/chapter concerning the future of sales and what changes he believes will occur in the coming years. The prediction that a scientific approach will take over an anecdotal approach almost has to be correct, as all of the incentives mandate it. This necessarily validates his second prediction, that sales research will blossom. The final prediction that sales hiring practices will improve is probably true, but likely to take longer.

The Science of Selling is an excellent resource for salespeople, as the strategies therein are more effective than the trial-and-error and guesswork that is commonly practiced today. However, I must admit to reading this book at three levels in addition to face value: how a jobseeker may sell oneself to employers, how a philosopher may persuade the public of one’s ideas, and how a political activist may succeed in advancing one’s agendas. At the jobseeker level, this book explains why certain people fail to get job interviews and/or fail in job interviews. At the philosopher and political activist levels, this book explains why certain people are unpersuasive, why certain political systems are constructed as they are, and why logical fallacies seem to work in the real world. Thus, this book is useful not only to its intended audience, but far beyond it as well.

Rating: 5/5

The Benefits of a Trump-Russia Conspiracy

One of the most prominent news stories of the early days of the Trump presidency is the alleged conspiracy between officials in the Trump administration and members of the Russian government to help him get elected. The allegations that Russian intelligence agents interfered in the 2016 election are not going away, despite a lack of clear evidence for such claims. Relationships between senior administration officials and Moscow have come under intensified scrutiny in recent weeks, following Trump’s firing of FBI Director James Comey, who was investigating such connections. But so far, what collusion is known to have occurred did not violate any laws.

As expected, the political and pundit classes are divided along ideological lines. Democrats and establishment Republicans are determined to find a scandal, while Trump supporters insist that this is a conspiracy theory and witch hunt. As usual, the sharpest argument on the issue is going unexplored by the chattering classes: that such a conspiracy, if it has occurred, would be beneficial. Therefore, let us consider the positive results that would occur if a conspiracy between Trump’s campaign and/or administration and the Russian government is proven, as well as the benefits of such collusion.

Un-Intelligence Agencies

If investigators find an improper connection between Trump and Russia, it will thoroughly discredit all of the US government’s intelligence agencies. A foreign power managing to successfully conspire with a presidential candidate in order to install someone who owes them favors at best and is their puppet at worst is exactly the kind of event that those agencies are supposed to prevent. A failure of that magnitude would signal that the leading positions in the US government are vulnerable not only to foreign interference, but to a hostile takeover by agents of a foreign government by means of a Manchurian candidate. Should this be the case, it would be clear for all to see that the government in general and the office of the Presidency in particular are too powerful.

To fail to prevent a declining second-rate power like Russia from altering the outcome of an election should finish off the American people’s trust in these agencies. Their trust has already been diminished by the revelations of Edward Snowden and the general failure of these agencies to do much besides entrap ‘terrorists’ of their own manufacturing, so such a spectacular failure might be the last straw. In a world where centralized statist means of security are increasingly ineffective and decentralized private alternatives are necessary, such a revelation could provide the impetus for a complete rethinking of the provision of security.

Preventing War

As the quote frequently misattributed to Lenin goes, “The best way to control the opposition is to lead it ourselves.” If Trump is compromised by Russian influence, as the conspiracy theorists claim, then war between the United States and Russia becomes pointless from a Russian perspective. Why engage in hostilities with a nation when one has influence over its leadership, but not enough influence to overcome the disparity in military capability? More progress can be made from their position by working with a friendly American president who is compromised by them.

In the world today, there is no greater potential threat to American and Russian citizens than a war between their governments, as each side has nuclear weapons and the great advantage that the United States enjoys in conventional military firepower would encourage Russia to escalate to a nuclear exchange. Of the two major presidential candidates, Clinton was the most bellicose toward Russia and its client state in Syria, and her interventionist position on the Syrian Civil War had great potential to bring American and Russian forces into direct conflict with each other. In the estimation of a competent Russian policymaker, it was in the best interest of Russian citizens (and everyone else, for that matter) for Russia to interfere in the US presidential election to help Trump win, especially by means that would create a sense of reciprocation once Trump is in office. Given the stakes involved, increasing cooperation between the United States and Russia is more important than the means used in so doing.

Delegitimizing The System

Those who hope for the accusations against Trump to be true may not appreciate the logical conclusions of the result they anticipate. If Donald Trump, why not anyone else? If the Presidency, why not any other office? If 2016, why not any other election year? Such a scandal would call into question the democratic process in the United States at every level. Senators, governors, mayors, county commissioners, and all of the rest would be at least as suspect, if not more so. Though such offices lack the power of the Presidency, the resources needed to infiltrate and commandeer such offices are far fewer. These offices could be used to accomplish particular foreign policy goals of Russia, China, or another rival power, such as hampering the construction of a military base in a particular state or blocking funding for anti-ICBM defense systems. Given the power that state and local governments have over the daily lives of citizens, a few solid plants in key positions could do significant damage.

If the process for selecting politicians is compromised, then the laws they pass and policies they enact are compromised a fortiori. The chaos injected into American political life by this realization is scarcely imaginable. Reams of legislation and regulation would need to be examined and possibly invalidated on the grounds that they were not properly ratified. Politicians and judges would be scrambling to figure out the correct precedent to set for dealing with such an event. Should they be in error (and they likely would be), their perceived legitimacy would be greatly diminished. Leaving dubiously passed laws and regulations in place would taint the perceived validity of the whole United States Code and federal regulations, while examining them all would take entirely too much time. The third option of eliminating many of these policies would provide a rare opportunity to repeal a large amount of burdensome legislation and regulation.

Additionally, all of the appointments the politicians have made would come into question, from department heads all the way up to Supreme Court justices. This would call all of their decisions into question as well. When someone points out that these politicians and judges have a conflict of interest because they themselves might be compromised by foreign influence, the American people might even get to witness a Mexican standoff of “Are You A Soviet Spy?” between government officials, which would be thoroughly entertaining, if nothing else.

Should Congress try to impeach Trump over a revelation that his election was compromised by Russia, it is likely that he would respond by declassifying and speaking about all of the underhanded means that they have used to bribe their way into their House and Senate seats, as well as any other scandals in which they might be involved. The American people would suddenly learn that the system is far more hopelessly corrupt than they ever imagined. Tu quoque may be a logical fallacy, but it has tremendous moral and emotional weight. If Trump went down, he could take many members of Congress with him when the 2018 midterm elections come.

Though everyone in the establishment would consider these events to be unthinkably dangerous, for libertarians this chain of events would be nothing short of glorious. Though it might endanger Americans in the short term to have such a government failure, it would provide an excellent opportunity for market actors to step in and provide more effective services. The loss of faith in democracy would allow for more libertarian forms of governance to be considered with less public hostility.

Conclusion

Regardless of the actual facts of the case, a conspiracy between the Trump campaign and the Russian government would be beneficial to Americans on multiple counts. The aftermath of such a revelation is impossible to predict, but no one could reasonably conclude that more statism is the answer. Thus, let us hope that the conspiracy theorists are correct. Such a sharp line of argumentation has gone completely unexplored by the establishment media, and one may speculate that this is due to a combination of their role as propagandists for the US government, a lack of insightful boldness, and the damning implications of such reasoning for the status quo political arrangement.