Book Review: Closing The Courthouse Door

Closing The Courthouse Door is a book about role of the judiciary in the American system by law professor Erwin Chemerinsky. The book examines how Supreme Court decisions over the past few decades have greatly limited the ability of the courts to protect civil liberties, hold government accountable, and enforce the Constitution. The book is divided into seven chapters, each of which focuses on a different aspect of the problem of reduced access of the American people to the courts.

In the first chapter, Chemerinsky argues that if rights cannot be enforced and damages cannot be awarded by the courts, then the government and its agents may do as they please, as unenforceable limits are functionally equivalent to no limits. He views Marbury v. Madison as a cornerstone of American jurisprudence rather than a usurpation of power not granted by the Constitution, and views the Constitution as an effort to limit government rather than as an expansion of government beyond what the Articles of Confederation allowed. Chemerinsky makes a case for the judicial branch being the most suitable branch for enforcing the Constitution, then addresses and rebuts several competing views of the role of the judiciary.

Sovereign immunity is the focus of the second chapter, and Chemerinsky shows how the idea that the state can do no wrong is at odds with many American values and constitutional principles, including federalism, due process, and government accountability. However, the Supreme Court has made numerous rulings expanding sovereign immunity since the time of the Eleventh Amendment‘s adoption, making it virtually impossible for a citizen to obtain a redress of grievances when victimized by the state. He tackles several arguments in favor of sovereign immunity, such as protecting government treasuries, separation of powers, and the existence of alternative remedies. Next, Chemerinsky examines how case law has granted effective immunity to local governments, even though they do not officially have it.

In the third chapter, Chemerinsky continues with the theme of immunity by discussing it at the level of government agents. He discusses the Bivens case, which allows federal agents to be sued for damages if they violate constitutional rights, and the subsequent hostility of the Court to that decision. Disallowing suits when Congress provides an alternative remedy, when Congress says they are disallowed, when military personnel are defendants, when judges find it undesirable to allow such claims, or when private prisons and their guards are defendants, has all but overruled Bivens. Furthermore, Chemerinsky argues that absolute immunity for certain government officials should be replaced by qualified immunity to give the officials room to work but hold them accountable.

The fourth chapter details how various Supreme Court decisions have narrowed the ability of citizens to bring matters before the courts. Chemerinsky explains how the doctrine of standing has been invented and used to keep actions which do not have particular identifiable victims from being adjudicated. He argues that the narrow interpretation of what constitutes an injury and the refusal to hear claims based on a generalized grievance that all Americans suffer mean that no one is able to challenge the government in court when it violates the Constitution. The second half of the chapter covers the political question doctrine, and Chemerinsky makes the case that it is essentially a punt by the judicial branch to the elected branches of government with the end result of trusting them to follow the law, which history shows to be an unrealistic option.

The gradual erosion of the writ of habeas corpus is discussed in the fifth chapter. Here, Chemerinsky shows how the Supreme Court has upheld vastly disproportionate prison sentences on technicalities, kept federal courts from enforcing the Fourth Amendment through habeas corpus, disallowed claims not made and evidence not presented in state courts from being heard in federal courts, barred arguments for novel rights that the Supreme Court has not yet recognized, and prevented prisoners from filing multiple habeas corpus petitions. He explains how the Antiterrorism and Effective Death Penalty Act has all but removed the right of habeas corpus at the federal level.

In the sixth chapter is called Opening the Federal Courthouse Doors, but the chapter actually shows even more examples of them being closed. For example, plaintiffs can now be required to show facts without being allowed to go through the discovery phase of a case that is required to learn those facts, setting up a catch-22. The abstention doctrine created in Younger v. Harris and is cited as a major barrier to the proper operation of federal courts as well as a means for state officials to abuse citizens. Chemerinsky then discusses the difficulties in using class action lawsuits that have been imposed in recent years as well as the rise in private arbitrations that favor corporations over individuals.

The final chapter begins with cases involving egregious human rights abuses by the CIA. These cases were dismissed on the grounds that state secrets might be revealed if the cases were tried, which is yet another way to keep courts from enforcing the Constitution. Chemerinsky concludes by addressing objections to the arguments made through the entire book.

The book is just over 200 pages, but feels as long as any 400-page book that I have read. To his credit, Chemerinsky’s left-wing political leanings do not appear any more than they must in order for him to make his arguments. Libertarians will undoubtedly think that the changes proposed in the book do not go nearly far enough, but Closing The Courthouse Door is still worth reading for those capable of handling the subject matter.

Rating: 3.5/5

A Squandered Opportunity Against Judicial Activism

On June 26, the Supreme Court announced its decision in the combined cases of Trump v. International Refugee Assistance Project and Trump v. Hawaii, which involved challenges to Executive Order 13780. This order concerns the entry of foreign nationals into the United States, and is best known for suspending entry of nationals from six designated countries for 90 days.

The defendants challenged the order in two separate lawsuits, obtaining preliminary injunctions barring enforcement of several of its provisions, including the 90-day suspension of entry. The injunctions were upheld in large measure by the Courts of Appeals in the Fourth and Ninth Circuits. The Justices decided by a 9-0 vote that the defendants in both cases lack standing and that the injunctions against the 90-day suspension are partially removed, allowing the ban to take effect against “foreign nationals who do not have a credible claim of a bona fide relationship with a person or entity in the United States.”

Supporters of President Trump’s travel ban were predictably elated by the decision, even though the cases will not be heard in full until the next Supreme Court session in October. Detractors of Trump’s immigration policies were disappointed, calling it discriminatory, hateful, and Islamophobic. But there is a greater concern than public opinion of the preliminary ruling or the eventual outcome of the case. Regardless of this result or the next, Trump has largely squandered an opportunity to act against a much greater problem: that of judicial activism.

The Past Is Prologue

The judicial branch in the United States has a long history of overstepping its constitutional role. In Marbury v. Madison (1803), the Court invented for itself the power of judicial review, which is nowhere to be found in the Constitution. Because Congress and the state legislatures did not act to reverse this usurpation of power, it remains the statement of ultimate sovereignty in American law. Since Marbury, Supreme Court decisions usually have been the final say in a dispute, unless a Constitutional amendment or future Supreme Court reverses a decision. Furthermore, the Supreme Court regularly issues writs commanding action or inaction from the legislative and executive branches. In various decisions that “find” new rights imbedded within the Constitution and/or determine the winners and losers in society, the Court acts as a political branch of government that masquerades as an impartial arbiter. This is to be expected, as the judicial branch is not truly independent, being part of the same state apparatus of the other branches and thus subject to many of the same perverse incentives. The end result is judicial activism, in which the courts are used to advance a progressive socioeconomic agenda.

Three Presidents stand out in American history for their ability to defy the will of the courts and advance their agendas despite judicial opposition: Thomas Jefferson, Andrew Jackson, and Franklin Delano Roosevelt. These administrations shared several characteristics; all had a strong executive, an agenda at odds with previous administrations, majorities in both houses of Congress to assist them, an appeal to the common man, flawed and/or weak political candidates opposing them, and were on the left side of the politics of their day. Interestingly, historians look upon these three Presidents as being among the best. The Trump administration has almost all of these characteristics, lacking perhaps the leftism and Congressional assistance that the others had.

Trump’s Options

If Trump wins the broader case in the next Supreme Court session, it will be a small victory for him and for those who seek stricter immigration standards. If he loses and accepts the result, then he is the next Ronald Reagan, who talked the talk but generally failed to walk the walk. But if he had ignored the injunctions from the US District Courts and the Fourth and Ninth Circuit Courts of Appeals, it could have been a decisive victory. Andrew Jackson apocryphally said when the Supreme Court ruled against his policies in Worcester v. Georgia (1832), “[Chief Justice] John Marshall has made his decision; now let him enforce it!” Trump would have done well to say something similar and act upon it when faced with the lower court rulings. He may still do so with the Supreme Court if it rules against him, but much of the effect will have been lost in the passive approach.

Ensuing Struggle

The response from the establishment to such an act of defiance by a maverick President would be swift and terrible. Democrats in Congress would unite in a call for impeachment, arguing that the President is acting like a totalitarian despot and is in contempt of court, a “high crime or misdemeanor” in Constitutional terms. The establishment press would devote all of their airtime to attacking him and accusing him of causing a constitutional crisis, to the exclusion of covering other important news stories. Academia and leftist organizations would likewise sound the alarm, using Trump’s conduct as both a funding opportunity and a casus belli for street violence. Let us consider the likely reponses to these developments by Trump and Congressional Republicans, as well as how the left’s response would help the cause of liberty.

A call for impeachment by all Democrats would show the American people just how little respect the coastal elites have for the heartland of America, as they would be seeking to overturn the election of the first President in decades who was elected by them to represent their long-forgotten interests. The support, ambivalence, or opposition to the call for impeachment from each Republican in Congress would give the American people important information about where each member stands. Trump, for his part, could respond by declassifying documents in order to release the skeletons in the closet of every member of Congress who opposes him. He could also hold political rallies to gather his supporters and mobilize them against his opponents. Finally, he could remind people that immigration enforcement is an executive function rather than a judicial function and make a separation of powers argument for ignoring the courts. Regardless of what happens to Trump, he could make the 2018 midterms a nightmare scenario for the GOP if they would oppose him as well. This would potentially help the cause of liberty by removing ineffective opposition to the Democratic Party.

A exclusive focus on attacking Trump by the establishment media would only hasten their demise, as he has routinely defeated them by correctly portraying them as enemies of the people and successfully turning their “fake news” phrase against them. Their credibility is at an all-time low and many people trust Trump more than them, meaning that a large segment of the population would not believe them even if what they say about Trump is true. The accusation of causing a constitutional crisis would be true, but such an action is necessary at this point to begin tackling the problem of over two centuries of rule by judges. The corresponding lack of coverage of other news stories coupled with the one-note chorus of the establishment media would work wonders for alternative media firms. Leftist academia would react in much the same manner as the media, which would provide a pretext to defund them, reduce government involvement in student loans, and encourage alternative career paths which do not require university degrees.

Leftist organizations would be unable to pass up the fundraising opportunity that a battle between Trump and the political establishment at the level of President versus Supreme Court would provide for them, and this could be used against them. Many of these organizations routinely overstep the bounds within which they are supposed to operate, especially for the purpose of maintaining tax-exempt status. Strictly enforcing tax laws against them would be a politically popular response which they could not argue against without undermining their stated political positions. Left-wing activists are no strangers to hypocrisy, but the extent of their exposure in recent years is a novel development. Using the IRS and DOJ against left-wing organizations would be a rare use of such powers to defend liberty.

The more radical leftists would join the communist terror group Antifa in the streets, calling Trump’s defiance of the courts the act of a lawless regime and responding with their own lawlessness by attacking innocent people and destroying property. But Antifa has already been found wanting as soon as counter-demonstrators showed up to confront them, and another surge on their part will likely be met by more anti-leftist mobilization of both police and private defense organizations. Violent suppression of the radical left would ensue, which is a necessary prerequisite for a stable social order. Meanwhile, Trump would be able to use such events to portray himself as the sane man against insane opponents.

Aftermath

Should such a move lead to Trump’s impeachment and removal, the American people would be sent a clear message that even a moderate change of course will not be allowed to take place by working within the political system. Thus, solving longstanding problems and moving toward a condition of liberty requires anti-political methods. The ruling class is almost certainly aware of where this strategic line ultimately leads them, so they are not likely to actually remove Trump from office. On a less extreme level, removing Trump would presently require the cooperation of at least 96 House Republicans and 19 Senate Republicans. This would endanger many of those members in their re-election bids, especially if Trump took an active role in funding and campaigning for their primary challengers. Finally, an impeachment effort that proceeds and fails at this point would cause the Democrats to lose even more political status, perhaps even making them a long-term minor party.

The greatest difficulty in determining the aftermath of Trump ignoring the courts is that enforcement agents within the relevant agencies may or may not side with him. The police response to incidents between Antifa and the alt-right indicate a potential conflict between rank-and-file enforcement agents and their commanders, which Trump could resolve in his favor in many cases by removing and replacing key subordinates in the Departments of Defense and Homeland Security. The most dangerous possibility is for a federal judge to have the US Marshals enforce an order against armed agents of ICE or another federal agency involved with homeland security, but the state physically attacking itself is a win for liberty. However, this is an unlikely result because everyone involved has an interest in preventing it.

The most likely outcome would be what happened in Australia when Prime Minister Tony Abbott faced similar circumstances. With a popular mandate to stop an influx of migrants after his predecessor attempted to do so and was overruled by the courts, Abbott stopped the migrants and ignored the courts when they attempted to overrule him. The judges backed down and the precedent that the executive gets to make decisions within the purview of the executive branch was set. American courts would likely react to Trump in a similar fashion, as the aforementioned escalation to one type of armed federal agent confronting another would be more damaging to the court’s prestige than retreating to the proper scope of the judicial branch.

Conclusion

Ignoring a federal court order is a dangerous proposition, but doing so has the potential to begin solving a larger and more pervasive problem than the current immigration situation. Judicial activism is responsible for much of the degeneracy in American culture and politics, including the immigration situation. Countering this is an ultimate imperative for those who would restore liberty. Though the travel ban is not a particularly libertarian undertaking in and of itself, the particular course of action recommended here is because of its wider implications.

Authority, Anarchy, and Libertarian Social Order

On May 8, Fritz Pendleton published an article at Social Matter in which he argues that liberty is best preserved by authority rather than anarchy. He then proceeds to launch a misguided attack against libertarianism, all while misunderstanding authority, anarchy, liberty, and the nature of a libertarian social order. Let us examine what is wrong with Pendleton’s case on a point-by-point basis.

Stateless In Somalia

Pendleton begins with the old canard of Somalia-as-libertarian-utopia, though to his credit, he does not invite all libertarians to emigrate there. His description of the situation is essentially correct:

“It is a patchwork of warlords who have each parceled out a slice of mud to call his own, to rule according to his whims and fetishes. There are the Islamic warlords of al-Shabaab in the south, the government strongmen who collaborate with al-Shabaab when it suits them, the Somaliland separatists who want a separate nation in the north, and a thousand other men of questionable loyalties.”

Pendleton claims that “it takes a certain type of idiot to look at Somalia and see something promising,” then that “it requires an idiot of some erudition to see promise in a failed state like Somalia.” These are not equivalent. To look at Somalia and see something promising is to examine the entirety of their culture and find that there is at least one idea which could be adopted elsewhere to improve another society. To see promise in a failed state like Somalia is to believe that the situation in that particular place can be greatly improved in the foreseeable future. The former endeavor makes far more sense than the latter.

Though he is correct to say that “libertarians are interested in Somalia primarily because its central government is weak and has no effective presence throughout most of the nation,” his assertion that anarchy is not an effective solution to much of anything is confused. An absence of rulers is not meant to be a solution to anything in and of itself; its role in libertarian theory is to remove the statist intervention in the market economy that inhibits and/or prevents individuals from working together to find effective solutions to problems. Pendleton’s passing mention of human biodiversity is also misplaced, as the best means of analyzing anarchy in Somalia is to compare it to statism in Somalia, not to anarchy elsewhere or statism elsewhere. We are thus considering the same thede under different conditions rather than different thedes under the same conditions. His claim that “whatever the merits of decentralization in theory, in practice it mostly involves being subject to the whims of the local warlord and his cadre” is particular to the current cases of failed states. There is good reason to believe that a controlled demolition of a state apparatus by people who wish to impose a libertarian social order would not be like this because the people would have the will and means to disallow it. Even so, a nation-state government is essentially a warlord writ large. Localizing this evil and reducing its strength makes it easier to bribe, escape, or overthrow, which is a definite improvement.

Pendleton claims that a libertarian must search hard to find supporting evidence in Somalia, but the evidence is clear. Before Mohamed Siad Barre’s regime fell in 1991, the annual birth rate was 0.46 percent, the infant mortality rate was 11.6 percent, the life expectancy was 46 years, the annual death rate was 0.19 percent, the GDP per capita was $210, the adult literacy rate was 24 percent, and 35 percent of the people had access to safe water. The most recent measurements are that the annual birth rate is 0.40 percent (2016), the infant mortality rate is 9.66 percent (2016), the life expectancy is 52.4 years (2016), the annual death rate is 0.133 percent (2016), the GDP per capita is $400 (2014), the adult literacy rate is 38 percent (2011), and 45 percent of the people have access to safe water (2016). The telecommunications and money transfer industries have also improved to offer some of the best service in Africa.

It is easy to argue, as Pendleton does, that these improvements are negligible from his relatively cushy first-world environs, where such improvements on either a real or a percentage basis are barely noticeable. But in the third-world hellhole that is Somalia, such improvements can be the difference between life and death, not to mention the difference between having some basic quality of life or not having it. His claim that anarchy is not much different than communism is asserted without evidence and may therefore be dismissed without evidence.

The Case of Tudor England

Pendleton seeks to contrast the anarchy of Somalia with the historical Tudor monarchy of England. His contention that giving people more freedoms is not a prerequisite for a well-run society is technically correct but beside the point. The fact is that a society need not be ‘run’ at all in the sense of top-down management by a ruling class. People can (and in the absence of interference, do) form voluntary associations to solve problems without being ordered around at gunpoint by government minions. That people have flourished in times of gentle oppression, a strange phrase indeed, says more about human resilience than it says about the merits of oppression.

He continues,

“Henry VII and VIII set in motion a series of clever reforms that reached a climax during the rule of Elizabeth I. England had finally found its stride. It must be noted that Elizabethan England, despite its relative freedom, was not keen on handing out legal recognition of liberties to its people. The era was one of unapologetic centralization. The crown’s subjects were given no guarantees of free speech at all; in fact, the censors worked hard and fast to clamp down on anything they perceived as dissent. Freedom of speech was still very far over the political horizon. And yet, despite the book burnings, despite the cages, despite the severed heads around London Tower, the Elizabethan era gave us Shakespeare, Marlowe, Spencer, Jonson, and Bacon. Imagine an era that gave the English language so much genius and not one assurance of free speech to go with it!”

One must ask whether this occurred because of oppression or in spite of it. It is possible, of course, that the great writers of the day produced such memorable works because the adversity of censorship forced them to innovate novel speech patterns in order to evade the censors. In an earlier age, Chaucer gained a lasting place in the canon of English literature for doing just that. But one must wonder, what potential was wasted? What great works were never penned because their would-be-authors feared for their lives? Perhaps the literary marvels of Elizabethan England were due to its relative freedom rather than its censorship, and more liberty would have been better.

Pendleton asks us to consider that the Elizabethan era was when the British Empire began in earnest, but does not explain how this happened. Spain, Portugal, and even France were ahead of England in colonizing the New World and expanding trade routes in the latter half of the 16th century. It was not until Elizabeth died and James VI and I became King of Scotland and England that the English shifted their attention from attacking the colonies of other nations to the business of establishing their own overseas colonies. The burdensome regulations of the day may disappoint a contemporary libertarian, but the English trade policies were about as good as there were at the time.

Chile and Singapore

Next, Pendleton presents Augusto Pinochet’s Chile and Lee Kuan Yew’s Singapore as examples of anti-libertarian success stories. Both pursued economic liberty while restricting social and political liberty; as Pendleton says of the left-libertarians, “a libertarian would rather choke on his bow-tie than defend [their political policies].” Though left-libertarians tend to recoil at such measures, a reactionary understanding of libertarianism provides quite a different view. The libertarian reactionary understands that the desired goal of a libertarian social order can only be achieved by physically removing the state from power. Doing this, however, requires a critical mass of the population to use self-defense against the current system. If such a critical mass is absent, then those who seek liberty must turn to other methods. Those libertarians who are capable of checking their autism and doing what is necessary within context may come to support a Pinochet- or Yew-type for the purpose of restoring a balance of political terror. The idea is for libertarians to use a reactionary authoritarian approach in order to suppress leftists and reverse the damage they have done, overthrow the regime once the left is defeated, then maintain the power vacuum by continuous application of defensive force. Furthermore, a libertarian social order will not necessarily offer a great deal of social and political liberty, especially to those who do not hold allodial title over private property and/or disagree with anarcho-capitalism. As Hans-Hermann Hoppe explains,

“As soon as mature members of society habitually express acceptance or even advocate egalitarian sentiments, whether in the form of democracy (majority rule) or of communism, it becomes essential that other members, and in particular the natural social elites, be prepared to act decisively and, in the case of continued nonconformity, exclude and ultimately expel these members from society. In a covenant concluded among proprietor and community tenants for the purpose of protecting their private property, no such thing as a right to free (unlimited) speech exists, not even to unlimited speech on one’s own tenant-property. One may say innumerable things and promote almost any idea under the sun, but naturally no one is permitted to advocate ideas contrary to the very purpose of the covenant of preserving and protecting private property, such as democracy and communism. There can be no tolerance toward democrats and communists in a libertarian social order. They will have to be physically separated and expelled from society.”[1]

This is quite similar to the standard of no voice and free exit advocated by Nick Land and some other prominent neoreactionaries. The only real difference is that the libertarian reactionary is especially concerned with making the sovereign units as small as possible. It is worth noting that both proposals blend anarchy with authority, in that there is an irreducible anarchy between sovereigns who have authority within their private properties.

Pendleton wonders how Singapore would have preserved liberty in the midst of conflicts between the various ethnic groups present there without Yew’s rule, and how the various religious groups could have been kept from fighting in England without Elizabeth I’s despotism. The possible answers to such questions are the same in each case. First, groups may hire neutral third parties to resolve disputes. Second, the groups may voluntarily segregate themselves so as to avoid contact with each other. Third, some groups that cannot get along with others may have a mass exodus. Fourth, a troublemaking group may be forcibly exiled by all of the other groups. Fifth, each side may be armed to such an extent as to create peace through mutually assured destruction. Sixth, the groups may simply choose to fight it out, as some hostilities reach a point of no return. In the first five cases, the preservation of liberty is maximized. The sixth case is far more troublesome, but such quarrels can be formalized and separated so as not to catch innocent bystanders in the crossfire. A system of dueling has filled this role in many historical societies. There are thus many options other than authoritarianism for preserving liberty; the only question is whether people care to utilize them.

Libertarianism and Reaction

Pendleton writes,

“The reactionary and libertarian both agree that small governments are good. But the reactionary feels that small governments are made not by relinquishing authority, as the libertarian would do, but by strengthening it. Liberty is too precious to be entrusted to anarchy in the same way that diamonds are too precious to be entrusted to one’s doorstep.”

Here, he misunderstands what a libertarian would do, at least those who are not leftists. A libertarian reactionary seeks not to relinquish authority, but to make it as absolute as possible in the hands of the private property owner within that person’s private property. And contrary to Pendleton, liberty requires anarchy because the freedom to do as one wishes as long as one respects the right of other people to do likewise and commits no aggression against them is violated by a state apparatus by definition. If a state is present, it will fund its activities through taxation and civil asset forfeiture, take private property through eminent domain, and restrict the use of property through intellectual monopoly, zoning, and environmental regulations. Its officials and agents will choose the nature of the law and the enforcement thereof, meaning that they rule the law and not vice versa. Its enforcers will initiate the use of violence against people who are known to disagree with government statutes and acts upon their disagreements, thus presenting a constant threat to peace. Its agents are allowed to do that which is considered criminal for anyone else to do, and the system is set up to keep them from being held to account. It will force people to associate with it regardless of whether they want to use or pay for its services. Therefore, it is clear that liberty cannot be protected by state authority; such a threatening protector is a contradiction of terms.

Final Arbitration

Next, Pendleton presents a case to make the ‘final arbiter of disputes’ criticism of libertarianism:

“Suppose we have one of those highly attenuated legal battles where the details of the case are complicated and emotionally charged. Let us suppose that a drunk driver crashed into a tree and his passenger was killed when she flew through the windshield; she had not worn her seat belt. The grieving husband of the passenger demanded compensation from the driver to help take care of his kids in place of his now deceased wife. Daycare is expensive these days, after all. The driver apologized profusely but pointed out that the passenger was just as responsible for her death because she was not buckled into her seat. The husband countered by saying that the belt would not have been an issue if the driver had not been drunk and crashed into a tree.

Since these men live in a libertarian utopia, there is no superseding legal authority to arbitrate: a third-party arbitration company will have to be hired. Now let’s suppose that one of these arbitration companies is owned by a brother-in-law of the driver, and not surprisingly, the driver only agrees to hire that company. The husband refuses. The driver in turn refuses to pay any compensation whatsoever. The furious husband now threatens to kill the wife of the driver to make him understand what it feels like to lose a loved one.

How can any libertarian who sings the praises of anarchy not see how this situation will only continue to escalate? How can there be any justice for the woman who lost her life in the original crash and what about the violations of liberty that will ensue when this conflict devolves into a family feud? If there had been one authority to take control of this dispute the liberties of everyone involved would have been much more safely guarded. In a world where emotion forms the greater part of human action, liberty requires authority.”

This situation may be resolved in advance through contracts. The owners of the road set the conditions for operating vehicles on their private property, with violators subject to physical removal not unlike the traffic stops, arrests, and impounding of vehicles today. They may demand that everyone using their roads have arbitration services which do not involve such conflicts of interest, and contrary to some myopic analysis to the contrary, are almost certain to frown upon drunk drivers. They might even have all cars on their roads driven by robots, which nips this scenario in the bud. Failing this, a person who has committed an offense and refuses to make restitution can be ostracized from society until compliance is gained. Furthermore, such a person may rightly be forced to make restitution because an unrepentant aggressor is not subject to the non-aggression principle through his continuing violation of it. The driver’s wife, however, is an innocent bystander unless she was responsible for getting him drunk and/or making him drive while intoxicated. Threatening her absent these conditions makes the widower an aggressor to be subdued. As a libertarian society would have several private defense agencies available to handle such applications of defensive force and almost everyone would have a protection policy with one of these companies, an escalation is quite unlikely. Even if this kind of situation does escalate, it pales in comparison to the carnage wrought by the one authority that Pendleton defends. States were responsible for 203 million democides and war deaths in the 20th century alone. This is hardly a price worth paying to stifle a few family feuds.

More generally, a final arbiter of disputes cannot exist because no person or institution can absolutely guarantee that any issue will be resolved forever with no possibility of review. The way that disputes ultimately end in any social order is that some party finds the dispute to no longer be worth continuing. Everything else, whether statist courts and legislatures or anarchic arbitration services and private defense agencies, is simply window dressing on this immutable truth.

Of Rules and Rulers

Pendleton writes,

“A libertarian who is honest with himself has to ask why even jungle tribes have a chief and why high schools have hall-monitors. Human beings require authority, and if authority is to mean anything at all, it requires the power of compulsion; liberty cannot last long in a nation that thinks of its authority as a polite suggestion.”

It is important to understand the true meaning of anarchy. Anarchy comes from Greek ἀναρχία, which is typically translated as ‘without rulers.’ More precisely, it means ‘without beginning to take the lead.’ This is not the same as ‘without rules’ or ‘without leaders.’ Having a ruler means that there are no rules because the ruler has authority over the rules and not vice versa. That the lead is not taken does not mean that no one can lead because leadership can be freely given. This is well-understood in every aspect of life other than politics. In the words of Mikhail Bakunin,

“Does it follow that I reject all authority? Far from me such a thought. In the matter of boots, I refer to the authority of the bootmaker; concerning houses, canals, or railroads, I consult that of the architect or engineer. …But I allow neither the bootmaker nor the architect nor the savant to impose his authority upon me. I listen to them freely and with all the respect merited by their intelligence, their character, their knowledge, reserving always my incontestable right of criticism and censure. I do not content myself with consulting authority in any special branch; I consult several; I compare their opinions, and choose that which seems to me the soundest. But I recognize no infallible authority, even in special questions; consequently, whatever respect I may have for the honesty and the sincerity of such or such an individual, I have no absolute faith in any person. Such a faith would be fatal to my reason, to my liberty, and even to the success of my undertakings; it would immediately transform me into a stupid slave, an instrument of the will and interests of others.”[2]

Additionally, compulsion and initiatory force are not equivalent. This is because compulsion may take the form of defensive force or of less violent means such as shaming and ostracism. Thus, if human beings require authority (and Pendleton does not prove that they do), a libertarian social order is quite capable of compelling people through contract law, ostracism, and private military forces.

Mischaracterization

Pendleton laments that not many libertarians will be swayed by his arguments, but does not understand why. It is not the case that libertarians are “far too busy sketching intricate political systems on paper to be bothered with considerations of human psychology.” Libertarianism, properly understood, is anti-political; its primary interest in political systems is in finding ways to destroy them without causing unnecessary damage to the social fabric. As for considerations of human psychology, they should lead one to reject the state as an enabler and multiplier of evil in the world. Ultimately, libertarians are not swayed by his arguments because they are easily refuted, as shown both above and below.

The Definition of Liberty

Pendleton writes,

“Liberty, as we now know it, is a set of unquestionable boundaries that are owed to all citizens: the right to peaceable assembly, the right to free speech, the right to a free press, and so on. The problem with these ‘rights’ is that they are very enticing ideas that are very murky in their specifics. They exist in the minds of Americans as a hazy bundle of entitlements, as things that they are owed, rather than things that they must earn.

The greatest problem with this notion of liberty as an entitlement is that once citizens start declaring rights as ‘universal’ and ‘God-given’ there is no mechanism to stop them from continually inventing new ones. The ‘right to privacy’ or the ‘right to universal healthcare’ are muddled ideas that our founding fathers never anticipated. Jefferson and Madison almost certainly would not have approved of them, but they are ideas that have as much legitimacy as America’s own Bill of Rights: if Madison can conjure up new rights with a few quill strokes there is likewise nothing to stop Supreme Court justices from doing the same thing. And so the list of entitlements owed to Americans steadily grows longer as its list of responsibilities dwindles.”

He correctly criticizes the contemporary understanding of liberty in liberal democracies. As I have explained elsewhere, these rights belong to private property owners within the spaces that they own. No one has a right to assemble, speak, print, and so on within private property if the owner disagrees with such activities. Those who would do so are trespassing and thus subject to physical removal. The current problem is that the state has greatly interfered with private property. This is a problem of the commons, and the only solution is to eliminate the commons and return it to private ownership.

From here, as Pendleton realizes, it only gets worse. When people fail to connect rights to logic and ownership of property, or more simply, to thought and action, they confuse negative rights with so-called “positive rights.” These positive rights cannot be valid because their provision violates the negative rights of other people. For instance, a right to healthcare implies that someone must be forced to provide healthcare, even if it against the provider’s wishes to serve that person.

But though he correctly identifies the problem, Pendleton proposes an incorrect solution. He seeks to restore the ancient Roman ideal of liberty rather than to correct the errors in the practice of modern liberty. The Romans viewed liberty in a collective sense, as imposing responsibilities to the state in eschange for individual rights. In truth, liberty is neither a list of entitlements nor a reward for serving society or the state; it is the result of gaining and defending private property. With this understanding, it is not ironic at all that libertarians would condemn a system which subordinates the individual to a collective as fascism (or more appropriately, as communism).

Rationalism and Empiricism

Pendleton claims that the Roman notion of liberty has the example of Singapore while the libertarian has no compelling models; only fantasies and Somalia. Implicit in this claim is a sort of historical determinism that demonstrates a lack of courage and imagination to look beyond what has been and see what is possible but as yet unrealized. As explained above, Somalia has shown improvement without a state. And fortunately, libertarians have more than fantasies; we have a priori theory. In the words of Hoppe, “A priori theory trumps and corrects experience (and logic overrules observation), and not vice-versa.”[3] This is because one may use rationalism without using empiricism, but one cannot use empiricism without using rationalism. That rationalism is independent and empiricism is dependent establishes a clear hierarchy between the two ways of knowing. Of course, this will not convince a strong empiricist of the historical determinist variety, but this has no bearing upon the truth value of the argument.

That being said, it is worth considering why there are no empirical examples of a stateless propertarian society in recent times. The obvious answer is that states initiate violence to sustain their operations, and libertarians have yet to suppress this aggression with enough defensive force to stop it. The other, less obvious explanation is that those who govern in statist systems know at one level or another that their institutions are unnecessary for the functioning of society, but that most people are more empirical than rational in their thinking. It is for this reason that they cannot allow a working example of a stateless society to be created, as this would permanently turn the masses against the state. They thus use force not only to maintain their power, but to ensure that most people never consider alternatives which do not include them.

Conclusion

Pendleton closes by contemplating the issues on the horizon for America, from racial tensions to Islamic terrorists, though he says nothing of the various economic issues. However, the “furious, explosive derailment” he fears is not only unavoidable, but necessary. The current system cannot be fixed; it must end in either a controlled demolition or a chaotic collapse. In any event, the answers are to be found in the restoration and enforcement of private property rights and freedom of association, with physical removal for those who challenge these norms. It is best to work toward emerging from this chaos looking neither like Singapore nor like Somalia, but as something completely novel in time memorial: a functional stateless society of covenant communities.

References:

  1. Hans-Hermann Hoppe (2001). Democracy: The God That Failed. Transaction Publishers. p. 218
  2. Bakunin, Mikhail (1871, 1882). God and the State. Mother Earth Publishing Association. Ch. 2
  3. Hoppe, p. xvi.

On the Imbalance of Political Terror

The primary aim of politically active libertarians is to limit and reduce the size and scope of government, as well as to eliminate as much state power as possible. The means of doing this has consisted of forming libertarian political parties and think tanks, voter education efforts, and allying with members of major political parties on key issues. But a competent strategist must always subject one’s strategies to the available evidence. Over the past half-century, the state has grown tremendously in both power and influence, reaching into every aspect of our lives. This has occurred despite continuous activism in pursuit of the opposite result. It is thus time to consider a different strategy, one which may seem counterintuitive at first but which has far more likelihood of success than continued face-value efforts to limit state power.

Many libertarians and rightists have realized that the modern liberal democratic state is an inherently left-wing institution. Even the soi disant conservatives in such systems of governance hold positions on issues that would be far to the left of acceptable opinion in a traditional monarchy or stateless propertarian society. Whenever an authentic right-wing and/or libertarian movement does manage to take power in a democratic state, it does not last long. Whether by elections, assassinations, or coups d’état, its leaders are removed and its reforms are reversed in short order by establishment hacks who are incensed that anyone dared to disrupt their progressive vision. They then double down on leftism, accelerating the destruction of society, which leads some to believe that right-wing activism will always fail.

There are several explanations for this state of affairs, but there are four aspects of anti-progressive political movements which might be remedied to great effect. First, when libertarians and/or rightists gain political power, they tend to take a principled stand against using that power to reward their friends, punish their enemies, funnel money into their activist organizations, disrupt their opponent’s activist organizations, and engage in social engineering. But leftists have no such scruples about using the state as a weapon to advance their agenda, deftly wielding this dark power to push society toward their dystopian ideals.

Second, the left has gained a stranglehold on the institutions of power. Neoreactionaries refer to these collectively as the Cathedral. The Cathedral consists of bureaucrats, regulators, non-governmental organizations, the establishment press, and most of academia, which tow a nearly consistent party line. These are headed by and staffed mostly by people who share incorrect basic assumptions and perverse incentives which lead them to act in a manner threatening to both tradition and liberty. Though libertarians and rightists have had some success at gaining political figurehead positions, they rarely do any significant infiltration, restructuring, or demolition of the Cathedral. This means that the leftist establishment can continue pressing its thumb on the scales of demographics and public opinion, thus making future attempts at thwarting their efforts more difficult.

Third, leftists have shown themselves to be far more willing to engage in direct action, such as street violence, social harassment and stigmatization of their opponents, and economic ostracism. Though rightists tend to balk at the social disorder that such methods cause, and libertarians tend to dismiss such methods as anti-libertarian even when they are not, refusing to use a weapon that is in play and being used by the enemy is tantamount to willfully entering into a boxing match with one’s hands tied behind one’s back.

Fourth, few moderate leftists are willing to denounce the most extreme elements of their faction, silently acquiescing to rioters who have no respect for private property or even the lives of anyone who is remotely right-wing. Conversely, the right and the libertarians (or what passes for them) seem obsessed with respectability, purging anyone who leftists might deem beyond the pale from polite conservative/libertarian (or cuckservative/cuckertarian) society. While it would be best if both communists and neo-Nazis could be relegated to the fringes of society, it makes no sense to run out one’s most ardent and willing fighters if the other side will not do the same.

The combination of these four factors produces an imbalance of what may be termed political terror, which may be defined as the use of violence, threats, fear, and intimidation by one political faction in a society against its opponents. This imbalance strongly influences a wide range of activities throughout a society, including government legislation and regulation, business practices, media bias, academic curricula, and limitations on the free exercise of fundamental natural rights. All of these activities are skewed in a leftward direction because there is currently no fear that the right will engage in its own social engineering to offset leftist efforts. For the sake of both liberty and tradition, this must change. Let us now consider what forms this change may take.

Principles, Political Autism, and Realpolitik

The first problem is mainly the result of political autism on the part of libertarians, and insufficient ardency and/or authenticity on the part of rightists. Libertarians must come to understand that although using the state is not the ideal option, their apparent refusal to overthrow the state by force means that the state will remain in operation and be used by someone, which will be their enemies if it is not them. Rightists must come to understand that conserving the status quo is not only undesirable but impossible, if for no other reason than entropy. To have any hope of restoration without collapse, the right must push against progressivism and attempt to reverse the degenerative course charted by the left. Both must realize that a set of principles that leads to consistent failure is a set of principles worthy only of abandonment, and both must purge the leftist entryists from their ranks.

Let us consider what this may look like in practice by considering several examples. The IRS targeting scandal outraged many conservatives, and for good reason. The state’s revenue collection arm was being used as a weapon against the political speech of opponents of the then-current regime. Many congressional hearings were held, including the infamous Lois Lerner hearing. But as satisfying as it would have been to see Lerner behind bars (not that there was any serious effort to put her there), that would not be the best political strategy. It would be far more effective in the long-term for a Republican administration to use the IRS as a weapon to attack left-wing foundations and activist groups, deny them tax-exempt status, meticulously audit them, and prosecute any violations to the fullest extent of the law. Once that is done, Congressional Democrats would be far more likely to entertain proposals to abolish the IRS, their activist base having been on the business end of it.

Another ongoing debate concerns the limits of freedom of speech, especially on college campuses. Left-wing activists claim that anything to the right of Marxism is hate speech and must be silenced, following the teachings of Herbert Marcuse and Karl Marx himself on the subject. For now, most libertarians and rightists are insisting that the antidote to speech that one dislikes is more speech rather than less. Though some success is being had by showing up and speaking despite leftist protests, it may be more fruitful for libertarians and rightists to agree that freedom of speech may be overrated and seek to ban communist propaganda rather than hate speech. Such a ban should be as vague and fear-provoking as the hate speech laws which muzzle rightists, particularly outside of the United States. And of course, any non-critical discussion of hate speech would count as communist propaganda. The end goals of such a measure are both to suppress radical leftists and to show moderate leftists that any power they wish the state to have can and will be used against them when they are not in power, so limiting state power would be wise.

The use of the state’s monopoly on law to sue companies which are disfavored by leftists and allow them to settle lawsuits by donating to third party non-victims instead of helping people who have actually been harmed by those companies is a known problem. According to a recent report, the Obama administration effectively funneled $3 billion into the coffers of left-wing groups through such methods. This is part of the reason why large corporations can be counted on to side with the left on the various social issues of the day. Congressional Republicans argue that such an abuse of power should be stopped, and there is merit to that argument. But again, the more effective course may be for rightists to funnel such funding into their groups in order to balance the scales. This would both make leftists think twice about such tactics and provide an opening for libertarians, who could appeal to companies who wish to be free of extortion from both left and right. Meanwhile, large corporations would be less hasty to jump on board with the leftist agenda du jour, as they would have a backlash to think about when the right next comes to power.

That demographics are destiny is a fact clearly established by historical precedent. The use of immigration policy to alter the demographics of Western countries has been a leftist project for decades. Mainstream consevatives seek immigration reform, while populists like Donald Trump are willing to build border walls and restrict immigration. But this alone will not undo what leftists have done to the genetic stock of Western nations. If a libertarian immigration system is not an option, and no one is willing to do what would be necessary to make that option available, then immigration policy will remain a tool of social control which could be used by the right to counter leftist policies. This could consist of repatriating foreign arrivals, repealing birthright citizenship, and offering asylum to imperiled white people in sub-Saharan Africa to offset non-white third-world immigrants. The latter policy would be particularly effective at both angering the left while also demonstrating their hypocrisy and anti-white racism. The left would be less likely to use immigration policy to advance their agendas in future if the right shows a willingness to both reverse their maneuvers and make counter-maneuvers.

There are many more examples that could be discussed, but the general pattern should be clear. Reverse a leftist policy, then impose a counter-policy to further undo their efforts. Make life difficult for leftists, just as they have made life difficult for their political opponents. Stop adhering to rules which are designed by the left but never followed by them.

Besiege the Cathedral

The second concern is the result of decades, if not centuries, of leftist infiltration and commandeering of universities and media outlets, which have been the occupations of choice for sophists since the historical Cathedral in the form of the Catholic Church lost its formal secular power. The result has been generations of people thoroughly indoctrinated with leftist thought. Some of these people took bureaucratic and regulatory positions in government, while others founded and worked at leftist NGOs. This played a large role in shifting society leftward toward democracy, socialism, and communism. Fortunately, there is much that can be done to besiege the Cathedral, and some of it is already being done.

The root of the Cathedral problem is the government education system because it is there that the next generations of leftists are minted. Libertarians would seek to eliminate this system in favor of private alternatives, and they are not wrong in theory. The private alternatives which already exist should be promoted and encouraged, perhaps officially. National departments of education should be abolished in favor of local control of school curricula, and governments should be extricated from the student loan business. This would do much to reduce both the power and reach of leftists in academia. But as long as government schools and universities exist, some political faction is going to use them to promote their agendas and employ their members. If rightists and libertarians can infiltrate such institutions and take over teaching positions, they will be able to prevent future generations from being fed leftist propaganda. The power of the purse may also come in handy, as a right-wing administration could deny grants and other funding to professors who are clearly biased in favor of leftism while funding researchers in what are currently politically incorrect endeavors. Nothing would make leftists support private education and homeschooling like the possibility of their children being taught a reactionary curriculum.

The spread of dissident thought is far easier in the age of the Internet, and opponents of the progressive agenda have taken advantage of this opportunity. This must be done to an even greater extent, and attempts by the establishment to censor right-wing and libertarian content must be stopped. Free market methods of addressing this problem include crowd-funding and creating alternative social media platforms, and these methods have demonstrated some success. State power could help here by holding all companies that receive government funding to the standards of conduct that the government is supposed to follow, which (in the United States) means that most major social media companies could be given an ultimatum to stop censoring rightists and libertarians or lose all government funding and contracts. Alternatively, a right-wing administration could give illiberal progressives a taste of their own medicine by encouraging social media platforms to censor leftists instead of rightists. Finally, the state could be set against the establishment press by increasing taxes and regulations on them while granting a free hand to alternative media and independent journalists. These measures should be effective at disabusing leftists of the idea of silencing speech that they dislike.

Another obstacle is presented by NGOs, which will take whatever actions they can against the implementation of the strategies outlined in this article. It is best to shut down and ban NGOs in order to rid the system of their influence, as it is far easier to do this than to try to infiltrate them while doing everything else recommended in this article. Note that most of the activities associated with shutting them down and banning them would fall under some other recommendation made in this article.

Finally, the Cathedral could be weakened by restoring the power of the real Cathedral, i.e. the church. But in a society that is increasingly reliant upon reason and evidence while being increasingly skeptical of faith and divine revelation, this is highly unlikely to be implemented despite its historical efficacy of providing a check on state power. It is therefore more useful to stick to secular solutions to the problems at hand.

The Ground Game

The third disparity is caused by the very nature of the average right-wing activist versus the average left-wing activist, and this problem will be exacerbated by the solutions to the first two problems as leftists take to the streets to protest right-wing social engineering policies. The rightist is more likely to have a family to support, a job to worry about losing, and other such concerns than the typical Antifa member. This may change if the economy continues to stagnate, thus leaving more right-wing people out of work, keeping them from forming families, and pushing them in a revolutionary direction, but it remains a problem for now. Anti-communists are also far behind radical leftists in fundraising, organization, strategy, tactics, volunteers, and much else. The deep state is clearly in league with the leftists as well, seeing that the FBI would rather investigate patriot groups than communist rioters.

That being said, there are some recent successes on this front. 4chan’s /pol/ community has done an excellent job of identifying masked Antifa members so that they can be prosecuted for their crimes. In other words, Internet trolls are doing the jobs of government investigative and national security agencies for them. The Antifa loss in Berkeley, Calif. on April 15 has tempered their activity somewhat, as has the fact that the police there and elsewhere have begun taking the threat posed by Antifa more seriously. No longer are they being allowed to wear masks in public, which is already illegal in many places. The presence of firearms on both the Antifa side and the rightist side in Pikeville, Ky. on April 29 helped to keep the peace there, which was not a factor in Berkeley, Calif. or Auburn, Ala. Public opinion also seems to be turning against Antifa, despite the best efforts of the establishment press.

The trend is positive, but more must be done. More of the comprehensive strategy against Antifa should be implemented, especially declaring them a domestic terrorist organization. More lawyers and medical personnel are needed to get anti-communists out of jail and tend to any wounds they sustain. More security personnel are needed to make sure that libertarian and right-wing speakers are safe. Donors who can put their capital against the capital of George Soros and others like him are needed to provide funding for grassroots counter-terrorism. Above all, more libertarians and rightists must show up against the leftist hordes because they appear to behave far less dangerously when they are outnumbered.

However, it is important not to go too far in this regard. Just because Antifa makes violent threats to shut down events does not mean that we should also resort to terrorist activity, even if that would meet the lex talionis standard being advocated more generally in this article. Antifa also use explosives and other area-effect weapons, which should generally be avoided because they are likely to harm innocent bystanders. That said, it is necessary to walk up to the line, even if crossing it would be counterproductive. For example, descending upon a venue that is hosting a leftist speaker in order to heckle and disrupt the event would be fair game, as would informing the employers of Antifa members who have jobs of the nature of their employees in an effort to get them fired. Radical leftists use both of these tactics against their political opponents, so turnabout is fair play.

Unholy Alliances

The fourth problem is the result of leftist infiltration into right-wing and libertarian circles in the forms of neoconservatism and left-libertarianism. This has led to an obsession with respectability in the eyes of the left, which in practice can only mean conformity with leftist agendas. The problem began in earnest for the right with William F. Buckley’s purges at the National Review, and although it was always present at some level within the modern libertarian movement, Samuel Konkin bears much of the blame for this. One does not have to like white nationalists, fascists, or any other far-right group to realize that they are an asset in a street battle against the left and that however bad they might be, communists are even worse. Thus, the first order of business is to stop denouncing such people, at least until the left is either defeated or willing to denounce its violent extremists. Then, and only then, may the worst elements of the right be jettisoned. Second, those who insist on playing respectability politics and purging people toward that end must themselves be purged. The difficulty of this will vary widely, as leftist infiltrators vary widely in how much resistance to their agendas they must face in order to become sufficiently triggered to leave libertarian or rightist groups, but most will leave once it is clear that they and their ilk are no longer welcome. These two measures, if thoroughly implemented, should move the balance of the political scales away from the left and toward the center.

Response and Counter-Response

Leftists will respond to this new strategy from libertarians and rightists in one of three ways. Some will complain but take no meaningful action. These people may more or less be ignored. Some will come to their senses after decades of using the state as a means to their ends after seeing firsthand that, as the quote frequently misattributed to Thomas Jefferson goes, a government big enough to give you everything you want is a government big enough to take away everything you have. These people will suddenly appear to become libertarians, with degrees of sincerity ranging from zero to absolute. It is best to treat them as repentant sinners, accepting them for the moment but keeping a watchful eye on them for any relapses into leftist advocacy. But others will only be angered, hardened, and emboldened by such an approach. They will take to the streets and riot like nothing seen in recent times. The only solution to this problem is to violently suppress and physically remove them, as they are unrepentant aggressors who have proven incorrigible by lesser measures.

It must be noted that some elements of the right are enemies of liberty as well, and there is a significant danger associated with empowering them to defeat the left. But if history is any guide, even the worst authoritarian rightists cause no equal in death or destruction to that caused by communist regimes. Nor can they, as right-wing statists at least show some nominal concern for ethical norms of private property and non-aggression, even if they frequently violate those norms. Communists, on the other hand, seek to completely abolish these norms and accomplish their goals by any means necessary. It is thus a matter of priorities to physically remove communists first and then find a way to toss whoever our Pinochet might be from his own helicopter.

Conclusion

What is being advocated here will understandably make many right-wing and libertarian people uncomfortable. After all, this proposal moves in the opposite direction from where both generally wish to go, and both are rightly skeptical of the idea that anyone alive today is qualified to use state power to engineer society. But qualified or not, as long as that power exists, someone is going to be using it for that purpose. If no one is willing to do what is required to dismantle that power, then we are faced with the stark choice of using it when we get a chance or leaving it to the enemies of liberty to continually engineer society against us without meaningful counter-engineering on our part. If we cannot have non-aggressive peace with the left, then the only remaining options are the aggressive peace of mutually assured destruction or a political civil war between leftists and their opponents. The implementation of this proposal is guaranteed to provide one or the other. This concludes the proposal for restoring a balance of political terror.

Nine Observations on the Westminster Attack

On March 22 at 14:40 GMT, Khalid Masood, 52, drove a Hyundai Tucson vehicle into pedestrians on Westminster Bridge in London, killing three and wounding over 40 others. The vehicle then crashed into the railings outside the Houses of Parliament. Masood exited the vehicle, entered the grounds of New Palace Yard, and fatally stabbed an unarmed police officer. Armed police warned Masood, then fatally shot him. In response, Parliament was placed on lockdown and later closed for the day. The National Assemblies in Scotland and Wales suspended proceedings. Nine observations on this event follow.

1. Security personnel should not be unarmed. Matters of violence are generally decided by who is more able and willing to use force. As it was, the attacker brought a knife to a fight without guns, giving him a strong advantage that he used to terrible effect. If Officer Keith Palmer had been carrying a firearm, he could have stopped Masood before he got close enough to use his knife, as the armed police who arrived later did.

2. Citizens should not be unarmed. In the United Kingdom, access to firearms by private citizens is regulated by strict gun control laws. But criminals are defined by the fact that they disregard laws. As such, the only people who would have a gun in a legally disarmed society would be government agents and criminals (but I repeat myself). Had someone on the bridge been armed, they could have stopped Masood at some point before he reached the railings outside of the Houses of Parliament. Gun control did nothing to prevent the Westminster attack, nor will it do anything to stop the next attack. The politicians prefer it this way, of course; a well-armed populace has little need for the state to protect them and is much harder for the state to victimize.

3. Government prison systems do a poor job of rehabilitation. Masood had a lengthy criminal record, beginning with an arrest for criminal damage in 1983 and ending with knife possession in 2003. His convictions include assault with grevious bodily harm, possessing offensive weaponry, and public order offenses. A better criminal justice system may have been able to reform him, but the government penal institutions certainly failed to do so. In fact, the opposite occurred, as it was reported that Masood converted to Islam while in prison. Spread of Islamic radicalism in prisons is a known problem.

4. ISIS may be lying. In a tweet, ISIS’s Amaq News Agency said, “A soldier for the Islamic State carried out the operation in answer to calls to target the people of coalition states.” But it is in their interest to claim responsibility regardless of whether Masood had any connection to or drew any inspiration from ISIS, as doing so helps them to maintain relevance and prestige. Home Secretary Amber Rudd cast doubt over whether Masood was affiliated with ISIS, and analysts monitoring ISIS point to the lack of biographical information and operational specifics in the ISIS statement suggest a lack of direct involvement.

5. Islam is incompatible with Western civilization. Contemporary Western values include separation of church and state, equality before the law, and rational skepticism. All of these values are largely absent in the Islamic world. The reason that the West has these values is that a great amount of blood was spilled over their recognizance and defense. The Islamic world has yet to undergo the sort of reformation that Western society underwent, and the Quran is particularly hostile to the aforementioned innovations of the West.

Whereas immigrants from Eastern Europe to Western Europe or from Central America to the United States have different customs and traditions, they do have similar (though corrupted) legal and political systems. This makes those immigrants functional within the established systems, even if not as functional as the current populations. Muslim immigration, on the other hand, involves people who support a competing and adversarial worldview. Note that large percentages of Muslims wish to live under Sharia instead of Western common or civil law systems.

6. Preventing vehicle attacks before they start is likely impossible. There have been several incidents in which terrorists have driven vehicles into crowds of people, such as Nantes in 2014, and Nice and Berlin in 2016. Carrying out such an attack is far easier than other methods, in that there is no need to manufacture explosives, acquire arms and ammunition, or engage in multi-stage plots such as hijacking airplanes and crashing them into targets. Given that a terrorist could stay out of sight of the authorities, as Masood did after leaving prison in 2009

7. Successful attacks inspire copycats. One day after the Westminster attack, a French national of North African origin attempted a similar attack in Antwerp, Belgium. The vehicle was intercepted before it could hit anyone. Inside, police found bladed weapons, a riot gun, and a container filled with an unidentified liquid. The Westminster attack was itself carried out on the one-year anniversary of the Brussels bombings. As many attacks are attempted on anniversaries of previous successful attacks, it would be wise to increase security measures on those days.

8. Terrorist attacks make sense in a democracy. A system which does not grant the public a political voice, such as absolute monarchism or anarcho-capitalism, gives terrorists far less reason to kill members of the public, as there is little need for the monarch or the private landowners to listen to whatever calls for action that such an attack may prompt from the public. Conversely, a democratic system politicizes the masses like no other. It explicitly codifies the idea that everyone who is allowed to vote has some degree of political power. This means that targeting civilians becomes useful for promoting political change, both in the form of denying the vote to those who are killed and in the form of coercing the survivors toward a terrorist’s desired political changes. Furthermore, the voters are viewed by the victims of a state’s foreign policy as bearing responsibility for the crimes committed against them by agents of that state, thus causing terrorists who are motivated by vengeance to target civilians. For fringe elements of a society, voting will probably never get them what they want, as they simply lack the numbers to accomplish anything. But terrorism allows them to compensate for this by voting for their extremist causes multiple times over all of the elections that their victims would have otherwise lived through and voted in. While we cannot abolish terrorism by abolishing democracy, it would be a step in the right direction.

9. We should not expect anything to change unless we make it change. Through terrorist attacks in Orlando, Brussels, Paris, and Beirut, the response has generally been for people around the world to hashtag “Pray for Wherever” on Twitter, change their Facebook profile pictures to incorporate the flag of the attacked nation, and do little else. Meanwhile, governments do not change the policies that both encourage terrorists to strike and give them access to their victims. Thus, the terrorists win, which may be exactly what the politicians want. Until the people of Western nations demand real solutions under threat of taking matters into their own hands otherwise, citizens will continue to live with the fear and uncertainty of Islamic terrorism.

Book Review: The Age of Jihad

The Age of Jihad is a book about political unrest in the Middle East by Irish journalist Patrick Cockburn. The book is a compilation of his notes and articles over a 20-year period (1996-2016) while traveling throughout the Middle East. Cockburn did direct reporting where possible, and relied upon first-hand accounts when venturing into certain places was too dangerous.

Cockburn begins with his reporting from Afghanistan in late 2001 as the United States began its intervention to remove the Taliban from power. Next, he shares his experiences of Iraq under sanctions from 1996, 1998, and 2001, followed by his experiences there during the American occupation from 2003 to 2010. This is followed by his next forays into Afghanistan from 2009 to 2012.

The next part of the book focuses on the Arab Spring and the events that followed, with particular emphasis on countries in which the rulers were not quickly deposed. Cockburn begins with the Libyan Civil War of 2011 that removed Muammar Gaddafi from power, along with the difficulties that followed. Sectarian violence in Yemen from 2009 to 2015 and the failed uprising in Bahrain in 2011 each get a chapter.

The last part of the book covers recent developments in Syria and Iraq. First, the Arab Spring in Syria and its development into the Syrian Civil War from 2011 to 2014 is discussed in two chapters. Another two chapters are devoted to the contemporaneous destabilization of Iraq. This culminates in the rise of ISIS and the establishment of the Caliphate, in and near which the final four chapters take place.

The book gives important insight into just how terrible daily life is for people in war-torn lands, including the near-absence of basic utilities, shortages of essential items, rampant unemployment, and fear of mistreatment both from rebel groups and one’s own government. The book is filled with anecdotes of behavior which have not been seen since the Renaissance in the West, and knowledge of this behavior helps to explain animosity toward migrants from that region. The reader may be familiar with some of the events described, but almost anyone would find new information somewhere in the book.

One comes away from the book with a sense that both Western and regional powers had to be trying to perform so poorly. Western powers sought to punish Saddam Hussein without regard for the Iraqi people who bore the brunt of sanctions. They ignored cultural attitudes and sectarian divisions while turning a blind eye to mass corruption that greatly weakened the nation-building projects in Afghanistan and Iraq. They removed dictators who were stabilizing forces, thus creating power vacuums which were filled by al-Qa’ida and its affiliates. It is difficult to be so maliciously incompetent without intending to do so.

Overall, Cockburn does an excellent job of conveying the reality on the ground in most of the conflicts in the War on Terrorism and the Arab Spring. The only real improvement would be to add sections on recent events in Egypt and Tunisia, which only get passing mentions as sources for jihadists in other places. The Age of Jihad belongs on the bookshelf of any serious student of recent history, the Middle East, revolutions, war, and/or the effects of foreign intervention.

Rating: 5/5

A Comprehensive Strategy Against Antifa

A newer edition of this article may be found here.

In recent months, the violent far-left group known as Antifa has grown from an occasional nuisance that rarely affected anyone other than neo-Nazis into a serious threat to anyone who is politically right of center and/or libertarian who wishes to speak in a public venue. Their tactics have escalated from peaceful counter-demonstrations to violent attacks upon people and property. The latest incidents at the presidential inauguration, University of California-Berkeley, and New York University clearly show that this trend cannot be allowed to continue.

As such, it is necessary to create a comprehensive strategy to defeat this group. This plan contains eighteen measures, some of which can be used by ordinary citizens, some of which involve the state, and some of which can be used by either. If these suggestions are implemented, then the Antifa threat should be dealt with and eliminated in short order. Without further ado, let us begin.

1. Stop giving in to their demands. When a behavior is rewarded, those who engage in that behavior will do so more frequently, and other people will emulate that behavior in search of their own reward. This means that public universities and other speaking venues which kowtow to pressure from Antifa must stop doing so. If Antifa’s behavior no longer results in platform denial to their political rivals, then they will have less incentive to engage in it. This measure can be aided by making the funding of taxpayer-supported institutions contingent on defying efforts to silence speech in such venues.

2. Fight fire with fire. When a behavior is punished, those who engage in that behavior will do so less frequently, and other people will avoid emulating that behavior for fear of being punished themselves. The reason that Antifa members continue to assault people and destroy property is because they can; they face far too little defensive violence in response to their aggression. This must change. The most effective way to make a bully stop is to bloody his nose. Note that many of their fold are physically small and weak with little or no combat experience. This will make the impact of finally meeting physical resistance all the more effective.

It would be best for right-wing citizens to take to the streets in order to violently suppress and physically remove Antifa themselves, but leaving this to police officers or National Guard troops is better than nothing. It may be necessary to let the state handle this in places where it has legally disarmed good people, but taking an active role wherever one can will defeat Antifa more quickly and help to restore the vital role of the militia in society.

3. Stop discouraging defensive violence. The maintenance of liberty requires the ability to bring overwhelming defensive violence to bear against aggressors. It is time for conservatives, reactionaries, and libertarians to stop denouncing people who state this obvious fact. That such self-defeating behavior has been happening in right-wing circles for years is one reason why Antifa has gotten away with so much of what they have done thus far.

4. Hire private security. This is already being done by some of Antifa’s targets, but it needs to be done by all. Again, many members of Antifa lack the size and strength to engage their opponents in honorable combat. Thus, having private security present to watch for sucker punching cowards and other such vermin can blunt much of Antifa’s ability to project power.

5. Go after members of Antifa by talking to their employers. This is a favorite tactic of Antifa in particular and social justice warriors in general. They will accuse a person of racism, sexism, or some other form of bigotry, often with no regard for merit, then contact their employers to get them in trouble. Their intention is to shame employers into firing their political rivals, or to disrupt businesses that refuse to bow to their pressure. Because they routinely do this to people, they have no right to complain when it is done to them. Turnabout is fair play, and it is time to strike.

6. Hack their websites and other online presences. This is already being done, but more is needed. Their online presence is an important method by which they recruit, organize, and secure funding. This must be shut down to arrest their growth and hinder their operations. Again, turnabout is fair play; Antifa sympathizers regularly try to hack right-wing websites and silence right-wing speech.

7. Infiltrate Antifa to gather intelligence and spread misinformation within. This is standard procedure for government agencies in taking down a criminal organization. The extent to which such operations are underway, if at all, are not publicly known. This needs to be done so that Antifa’s efforts can be blunted and its key personalities arrested. Although this tactic could be used to perpetrate false flag operations in their name, it is best not to do so, as this could backfire. The truth about Antifa is bad enough; there is no need to make up lies about them.

8. Call them what they are: rioters and terrorists, not protesters. The establishment media frequently refers to Antifa as protesters, regardless of their conduct. As Confucius said, “The beginning of wisdom is to call things by their proper names.” We must hold the lying press to account and correct the record whenever and wherever possible. Antifa are not mere protesters; they are rioters and terrorists.

9. Remove and/or punish police commanders who give stand-down orders against Antifa. For the state to monopolize law and order within its territory is a travesty. For it to monopolize these services and then refuse to provide them is far worse. Anyone who is in command of police officers who are supposed to defend the public against Antifa’s crimes and tells those officers to stand down is not only in dereliction of duty, but is actively aiding the enemy. These administrators must be removed, and ideally, subjected to criminal charges as well.

10. Declare Antifa a domestic terrorist organization. The simplest definition of terrorism that covers all instances of it is that it is the use of violence, threats, fear, and intimidation against innocent people for the purpose of achieving political or social goals. Antifa operates by these methods, has various local chapters throughout the United States, and is organized, so the label of domestic terrorist organization clearly fits. This would allow for federal funding to be allocated specifically for combating Antifa, as well as the involvement of the Department of Homeland Security, the Joint Terrorism Task Force, and other such agencies.

At this point, libertarians may protest that the United States government also meets the above definition of a terrorist organization, and they are not wrong about that. But they would be well-advised to check their autism and deal with the context of the situation. One can take the view that the state must be eliminated in the long-term while using it for our own purposes now. Setting one enemy of liberty against another is a wise strategy, and as bad as the United States government can be, allowing Antifa to grow and gain political power would be far worse.

11. Ban black bloc tactics. It is already illegal in many places to wear masks in public, but this should be specifically banned everywhere within the context of riots and other violent demonstrations. It is important to be able to identify Antifa activists for the purpose of punishing them properly, and laws against the public wearing of masks can be used to arrest Antifa members who are not violating any other statutes at the time. Perhaps they cannot be held for long or convicted of anything, but it will disrupt their activities.

12. Charge rioters with felonies. This has already happened to many rioters from the presidential inauguration, but felony rioting charges against Antifa and similar groups need to become more widespread. Lengthy prison terms and hefty fines will discourage people from involvement with Antifa while sidelining current activists and confiscating funds which would otherwise be used by Antifa. Ideally, such fines would be payable into a fund that would reimburse private property owners for damages caused by Antifa members.

13. Charge anyone who aids Antifa in any way. With Antifa declared a domestic terrorist organization, giving them aid, funding, and/or training would constitute the criminal offense of providing material support to terrorists. Such charges need not be limited to US residents; for example, George Soros is known to have provided funding to Antifa and other violent groups through his Tides Foundation. Extradition of foreign nationals to the United States to face charges would be a necessary part of this measure.

14. Freeze their funds. With Antifa declared a domestic terrorist organization, freezing Antifa-related bank accounts to shut down their financial resources should be a simple matter. This will not halt local activities, but it will hinder their ability to move professional rioters across the nation and conduct other operations which go beyond the local grassroots.

15. Send illegal aliens involved with Antifa to Guantanamo Bay. This measure is probably not necessary, but it would send a clear message that Antifa will not be allowed to continue its behavior. It could also bring out Antifa sympathizers who are on the fence about whether to actively participate by enraging and triggering them sufficiently to bring them out. Conversely, it could serve as an extreme measure which is used in the short-term in the hope of having to use fewer measures in the long-term. The legal rationale for this measure is that a foreign national who is in the United States and involved in terrorism may be treated as an unlawful combatant.

16. Eliminate gun-free zones. The vast majority of Antifa activity has occurred in gun-free zones or places in which carrying rights are restricted to some degree. By eliminating gun-free zones, the state can ensure that more citizens are capable of defending themselves from aggressors like Antifa. This will also lessen the burden on government security forces.

17. Privatize public property. An underlying problem of which the surge in left-wing political violence is a symptom is the existence of state-occupied property. No one truly owns such property because no person exercises exclusive control over it. This leaves it open not only to use by groups of people who are at cross purposes with each other, but to an occupation by one group for the purpose of denying access to another group. If all property were privately owned, then it would be clear that whenever Antifa attempt to shut down a venue by occupying the premises, they are trespassing. This would make physically removing them a less ambiguous matter.

18. Above all, stop trying to be better than the enemy and focus on defeating the enemy. There is no need to alter strategy, virtue signal, or make any other effort to be better than Antifa. That they are violent criminals and we seek to defend against them means that we already are better than them. Let us do what is necessary to defeat Antifa, as detailed in the previous seventeen measures, and leave worries about improving ourselves until after this is done. Remember, this is a war, and in war, nothing is more honorable than victory.

How The Left Can Still Win The 2016 Election

So, dear leftist, it is 2017. The current year, as it were. Donald J. Trump occupies the Oval Office, and the “her” you were with does not. All of the accusations of bigotry and threats of violence you could muster were simply not enough to sway people who were hurting economically and were tired of being talked down to by the likes of you. Your massive street demonstrations against the election result after many of you never made it to the polls only earned you derision and scorn. Your plan to throw the Electoral College to the House of Representatives by convincing electors to vote against the results of democratic elections in their states actually cost the Democratic candidate more electoral votes than her opponent. Your protests at the certification and the cabinet hearings have only gotten you physically removed from the Capitol building. Your actions at the inauguration have resulted in many of you facing significant prison time for felony rioting. I know it must be difficult to lose one dream (socialism) after another (the first female president), but all hope is not lost. You still have options, and believe it or not, this libertarian reactionary is here to help.

If you wish to live in a world in which Hillary Clinton, Bernie Sanders, or some other left-wing candidate won the 2016 election, your only options now are to go back in time and alter the results or to go to an alternate universe in which the person of your choice is President. These could very well be equivalent, for reasons we will discuss later. Of course, this amounts to election tampering and voter fraud, but when has that ever bothered the left? Everyone knows that you only really believe in democracy when it gives results that you like. Although no one has yet accomplished backward time travel or inter-universal travel, general relativity does appear to allow for it. You are going to need far more knowledge of mathematics and science than your major in gender studies and minor in queer literature gave you, but why let this stop you? You are a special snowflake, and you can do anything if you just believe in yourself.

You may encounter difficulties in obtaining funding, as Trump and Congressional Republicans would never appropriate funds for their own retroactive removal from power. Being out of political power, you will have to subject yourself to market forces by funding your project through voluntary means and providing investors with a reasonable return. Being a productive capitalist will go against your beliefs, but consistency is of no concern for a leftist, especially when serving the greater purpose of removing “Literally Hitler” from power.

There are four ways to accomplish time travel into the past, go to another universe, or both: faster-than-light travel under certain conditions, use of cosmic strings, use of black holes, and use of traversable wormholes. Each of these methods requires a form of exotic matter with negative energy density to avoid infinities and imaginary numbers in the calculations, but it may be that the insanity of leftist thought is caused by the presence of such substances in the brain. Additionally, the Casimir effect might be able to produce the negative energy density needed to power a time machine or traversable wormhole. If finding what you need becomes a problem, just demand that the exotic matter check its privilege. I am sure that it will do as you ask, since reality is just a social construct for you.

On second thought, the time travel idea might not work. If you go back in time and make a Democrat win the election, you will remove the reason for time traveling, along with the knowledge that there ever was a reason. This means that you will not time travel because you will have no motivation for creating your time machine, thus undoing all of your work. Another possible mechanism for the avoidance of temporal paradoxes is the many-worlds interpretation. In this view, you would not be preventing Trump’s election in this universe, but in another parallel universe that is branched off from this universe by your interference.

We are left with the idea of using a traversable wormhole to go to another universe where you can live under your leftist ruler of choice. Alternate reality may seem like a stretch, but you already live there in your mind; we are just making it official. I know, I know, you want to stay and fight. But given that the most radical elements of your coalition are going to keep escalating their violence until most non-leftists cheer a brutal crackdown on all of you, and none of you seem willing to rein them in, you are not safe here.

I ask only one thing in return. In whatever alternate universe you choose or create, there will likely be people there who disagree with you. Please let them travel in the opposite direction through whatever portal you open. You are getting your own universe; at least give us this one (or whatever new one is formed by their exodus here) in return. You say you believe in fairness and justice, and what could be more fair and just than a one-for-one trade? And should not an open border work both ways?

But let us be realistic. The technology required to do this is decades away at the earliest, and may turn out to be impossible. So sit back and enjoy the Trumpenführer’s time in office. There are many reasons to oppose him, but that is true of every President. Perhaps the institution itself is the real problem, but you are a leftist, so that is a bridge too far.

The Not-So-Current Year: 2016 In Review

Though the specific demarcation of the passage from one year into another is a rather arbitrary social construct, it does provide a useful annual period for self-examination and remembrance. Now that 2016 has entered the history books, let us take a look back at a year’s worth of essays and review the not-so-current year.

We begin, of course, with last year’s article of the same kind. Some articles in this list are sequels to articles in that list. Aside from that, we may move on.

My first article proper of 2016 was A Case Against the Nineteenth Amendment. It was intended to come out before the New Year, but I was not satisfied with it until January 3. If I were to rewrite this article, I would say more about biological differences between the sexes and why these make the entrance of women into democratic politics a danger to the stability and sustainability of a society. I took down the First Amendment later in the year.

The Bundy standoff at the Malheur National Wildlife Preserve began. I made nine observations on the event. Their later acquittal on several felony charges after the standoff ended in what was essentially an instance of jury nullification was cause for celebration.

As usual, leftists called for more gun restrictions and an end to gun violence without seeing that the former would both cause and be enforced by gun violence or the threat thereof. Rather than take the usual path of reductio ad absurdum, I argued the sharper point that gun deaths can be a good thing. This did not sit well with the editors at Examiner.com, who pulled the article. Given a long and contentious history with the site, I decided to part ways with them and start my own site. This proved to be a wise choice, as Examiner gave up the ghost less than six months later, with all content disappearing into the aether. My next task was to choose a name for the site and explain its meaning.

Christopher Cantwell argued the libertarian case for Donald Trump, and I gave him some pushback. Shortly afterward, Rand Paul suspended his campaign, and I wrote a list of observations on the event.

‘No victim means no crime’ is a common saying among libertarians, but an altogether too reductionist one. I explained why.

A Russian film crew flew a drone over the city of Homs and recorded the aftermath of Assad’s forces besieging the city. I rarely get emotional, but seeing the wanton destruction was quite triggering for me. Aleppo was conquered later in the year, and I wrote a list of observations on the event.

I decided to take an educated guess at whether Ron Paul could have defeated Barack Obama if he had been the Republican nominee in 2012. I believe he would have done so easily.

Twitter decided to give in to government and social justice warrior requests to censor their enemies. Unsurprisingly, this tanked their stock prices. I proposed several remedies for the situation, and Twitter has of course used none of them.

Jason Brennan published an article arguing that arguments made by libertarians against open borders have disturbing implications that said libertarians almost never address, so I addressed them and showed on a point-by-point basis that some such implications are not only not so scary, but are actually vitally important to the maintenance of a libertarian social order.

Charlotte City Council approved an expansion of its anti-discrimination ordinance to include transgender people, which I denounced as a violation of private property, freedom of association, public safety, and freedom of religion. Governor Pat McCrory and the state legislature responded with House Bill 2, and the controversy has brewed for almost a year.

An author known as Mr. Underhill published an article arguing that violent revolution is not the appropriate method for achieving liberty. I took the opposite view, which led to a lengthy exchange of four more articles on my part and four more on his part. Following this exchange, I decided to write about how I choose who to debate and for how long, which made me realize that I had entertained Mr. Underhill for far too long. Later in the year, I covered political violence more generally to argue that we need more of it as well.

When examining the intellectual foundation for private property rights, I noticed an unexplored quirk which turned into an original proviso. A critique in the comments section led to another article defending the proviso.

Islamic terrorists attacked the airport and a subway station in Brussels, killing 31 people and injuring 300 others. I wrote a list of observations on the event.

Social justice warriors seem to have their own language which is distinct from both the dictionary definitions and the common understanding of words by most of the general population. I created a glossary to help normal people better understand SJW rhetoric.

Donald Trump suggested that women could be punished for getting an abortion, which outraged both sides of the mainstream abortion debate. I weighed in with a view which did the same.

Having addressed water ownership and pollution in two articles in 2015, I decided to lay out a libertarian theory on air ownership and pollution.

Puerto Rico reached new lows of fiscal irresponsibility, and I explained why it is best to cut them loose from the United States to become an independent country.

The rise of neoreaction and the alt-right has brought reactionary thought back to the forefront. I deemed my first attempt at examining its relationship to libertarianism to be inadequate, so I took a second stab at it. A Jeffrey Tucker article prompted a third effort, and I made a fourth effort later in the year in response to a pro-Trump neoreactionary article by Michael Perilloux.

Peter Weber published an opinion piece arguing that the institution of the American Presidency is being delegitimized, and that this is a dangerous direction. I argued that this is actually a welcome and even glorious development.

Having already explained my decisions about debating other authors, I wrote two more articles explaining my lack of profanity and lack of satirical content.

Many incorrect arguments concerning libertarianism and punishment began to appear, so I laid out a theory of libertarianism and punishment which utilized heavy doses of Rothbard.

The Libertarian Party held its nominating convention, and it was a disaster from beginning to end. The Republican convention was not much better in terms of substance.

Many people have noticed a correlation between weightlifting and libertarianism. I explored this correlation and found many reasons for it.

A terrorist who pledged allegiance to the Islamic State attacked a gay nightclub in Orlando, Fla., killing 49 people and injuring 53 others. I wrote a list of observations on the event, but missed a major point in doing so. Democracy is partly responsible for terrorism because it gives the common person a political voice, which makes them viable targets in a way that absolute monarchies or stateless societies would not.

When the Supreme Court ruled against Abigail Fisher in her anti-white racism case, the Internet cheered. I did not, realizing that the decision was a rejection of pure meritocracy.

Against all predictions, the vote to remove the United Kingdom from the European Union succeeded. I wrote a list of observations on the event.

In my most controversial article to date, I argued the most extreme position in the gun control debate: a private individual has a right to own nuclear weapons, and this would be beneficial for liberty. The troll brigades were out in force making typical leftist non-arguments, and I thank them for granting me a then-record in daily page views (and thus advertising money). A few did raise legitimate criticisms which will require an addendum to be written in the future.

As the major-party presidential nominations were secured, the establishment media wasted an inordinate amount of time engaging in speculation about who would be the running mate of each candidate. When discussing the potential benefits that each potential vice presidential pick could have, they neglected the aspect of assassination insurance.

Several recent problems with the criminal justice system demonstrated that government will not hold government accountable, and that a market alternative is required.

Five police officers were killed by a sniper in Dallas. I used the event to argue that those who kill government agents now are not cowardly murderers perpetrating senseless violence, but neither are they heroic or helpful to the cause of liberty.

A certain type of policy analysis exhibits many symptoms which are also found in high-functioning autistic people. This is more common among libertarians than among people of other political persuasions, so I decided to address the phenomenon.

A significant portion of the media coverage leading up to the Republican convention focused on the possibility of violence on the streets involving leftist protesters and rightist counter-protesters. This possibility went unrealized for reasons which were covered up by the establishment media.

Hillary Clinton said that she was “adamantly opposed to anyone bringing religion into our political process” and that it is “just absolutely wrong and unacceptable.” I argued the opposite case.

Gardening is an enjoyable hobby and a useful metaphor for many things, a libertarian social order included.

Trump hinted at the assassination of Clinton should she win and threaten gun rights. Predictably, every element of the establishment went apoplectic. I argued that political assassinations are ethically acceptable, though not usually the wisest practical move.

Since the beginning of the Black Lives Matter movement, libertarians have had strong differences concerning how to engage with it. I explained the differences between their intentions and libertarian goals.

The 2016 Summer Olympics took place in Rio de Janeiro, Brazil. I wrote a list of observations on the event.

Whenever disasters impact an area in modern times, governments play a large role in the cleanup and recovery efforts. But this causes a behavioral problem in the population, not unlike that caused by the Pax Romana.

The Commission on Presidential Debates decided to exclude third-party candidates yet again. I made cases for peaceful and violent protest of this policy, and longed for a future candidate who might actually motivate people to engage in meaningful resistance.

Liberty Mutual created more advertisements that contain economic fallacies, so I did another round of debunking.

The establishment media tells us that every election is the most important of our lifetime. I proved that this cannot be the case, then psychoanalyzed the establishment media to explain why they keep repeating this, as if to convince themselves.

Argumentation ethics has been controversial since its introduction, but Roderick Long’s criticisms of it had gone unanswered. I remedied this state of affairs.

Rioters plagued Charlotte for three nights in response to a police shooting, which happened to involve a black officer and a black suspect. I wrote a list of observations on the event.

Congress voted to override President Obama’s veto of a bill that allows relatives of the victims of the 9/11 terrorist attacks to sue Saudi Arabia for any role in the plot. Though some libertarians argued against the bill, I celebrated it for chipping away at the anti-libertarian idea of sovereign immunity, giving victims of American foreign policy a peaceful means of addressing their grievances, and possibly revealing clandestine activities to the American people about which they have a need to know.

Having heard libertarians argue in favor of every presidential candidate except Hillary Clinton, I decided to give it a shot. Only a bootlegger’s case was possible, and it was rather grim.

The idea of market failure is a widely believed misconception which has found widespread use in statist propaganda for the purpose of justifying government intervention in the private sector. I gave the idea perhaps its most thorough debunking to date.

In the last quarter of the year, I began reading more books, which resulted in several book reviews. I can strongly recommend The Essential Guide to Freelance Writing and Our Sister Republics; The West Point History of the Civil War somewhat less so. Good Guys With Guns, on the other hand, is a disaster.

The month before the election presented several opportunities for rebuttals. Milo Yiannopoulos demonstrated both a misunderstanding of and an enmity toward libertarianism, and I rebutted his assertions, which gained a surprising amount of attention. Jeffrey Tucker tried to defend democracy as a superior alternative to monarchy or political violence, and I showed why this is misguided. Penn Jillette argued in favor of vote swapping, and I argued against it.

Finally, the 2016 election came and went, which presented many observations to be made.

Black Friday is revered by most libertarians as a celebration of free-market capitalism. I updated my explanation of why this reverence is somewhat misplaced.

Finally, Otto Warmbier spent all of 2016 detained in North Korea. I made the unpopular case that he should be left there.

All in all, it was an interesting year full of occasions to make sharp libertarian arguments. May 2017 bring more of the same. Happy New Year!

Book Review: Our Sister Republics

Our Sister Republics is a book about the history of the United States and its relations with Central and South America in the early 19th century by history professor Caitlin Fitz. The book discusses the popular sentiment in favor of revolutions against Spanish and Portuguese control in Latin America following the War of 1812, which turned sour after 1826 as the new republics suffered civil unrest and incompetent governance while the United States turned toward racialist nationalism.

Fitz first presents a map of the Americas as they were in 1825, to which the reader should continually refer while reading through the book in order to have a better sense of the involved geography. In the introduction, she explains her terminology, briefly covers American history from the Revolutionary War to the War of 1812, and gives a short overview of what she covers at length in the rest of the book.

The opening chapter explains the context in which Americans first came to look fondly upon South America. Early references to Christopher Columbus would lead to the concept of a liberty-loving Columbia. Spain’s distractions with European wars resulted in less trade restrictions between the US and Spanish America. These factors led to affinities for Spanish America once they began to revolt against their colonial masters. Even then, there were some reservations about the ability of South Americans to form republican governments. From 1810 until the mid-1820s, these reservations came to be expressed only when revolutionaries faltered. It helped that the US fought a second war for independence while the South Americans were fighting their first.

The second chapter discusses the agents of revolution who came to the US to foster support for South American rebels. Occasionally exceeding neutrality laws and frequently using American presses for propaganda purposes, they helped provide revolutionaries with the materiel they needed to secure independence. Fitz shows that this was a colorful cast of characters in more ways than one, and illustrates the undercurrent of race which would eventually come to the forefront.

The third chapter gives an overview of the activities of the press in the 1810s, showing how they affected (and sometimes manipulated) public opinion in favor of the revolutionaries. There were occasional dissenters, but they would be marginalized and rebutted until some years into the 1820s. Fitz demonstrates that then as now, there is no such thing as objective journalism because editors are more likely to publish and treat favorably that which they support.

The fourth chapter is about Simon Bolivar and the perception of him in the US. Fitz shows through toasts and baby names that Bolivar gained much admiration in the US, even as Bolivar did not respond in kind. Both whites and blacks found something to like in Bolivar, even though these aspects were quite different. Whites saw republican unity; blacks saw an abolitionist leader.

In the fifth chapter, Fitz discusses the US government’s actions toward South America at the time. Some black and white pictures augment the chapter, and would have improved the book elsewhere had they been included in other chapters. The role of merchants in financing and supplying revolutionaries is examined, along with the activities of privateers and filibusterers. Many Americans today would be surprised to know how many in those days volunteered to serve in foreign militaries. The second half of the chapter focuses on the important American political personalities of the time: Henry Clay, James Monroe, and John Quincy Adams, but finally the rise of William Smith and those like him who eagerly defended racism and slavery.

The sixth chapter begins with the election of 1824 and the “corrupt bargain” that awarded the Presidency to John Quincy Adams instead of electoral vote leader Andrew Jackson. This event set the stage not only for the Whig versus Democrat party system, but for the turning of the tide in relations with South America. Fitz explains how the passivity of the egalitarian sentiments of the time left them vulnerable to growing slavery in the southern US and the arguments in favor of it. The controversy over the Panama Congress of 1826 furthered the shift in American views toward their southern neighbors. Though Clay, Adams, and Bolivar had high hopes, the congress was a disaster. It is interesting to note that some themes have been constant throughout American history; the Democrats’ antebellum platform of limited government, nationalism, racism, opposition to social reform, and economic populism has much in common with the views of the alt-right. And as always, when rhetoric and reality depart from one another, reality always wins in the long run.

The conclusion looks forward to the 1830s and beyond, showing how the sentiment of the 1810s and its reversal in the 1820s manifested going forward. Fitz ends the book by wondering how America could have turned out differently and for the better had the sentiments of the 1810s not been overthrown. The second half of the book shows how American exceptionalism originated as a pro-slavery, white supremacist idea, and how the US came to be a foe of anti-colonial movements in the 20th century.

Fitz’s appendix and notes demonstrate that she certainly did an appropriate amount of research for the project. Overall, this is an excellent book that covers an oft-neglected aspect of early US history in a manner which engages the reader much better than the average history book.

Rating: 5/5