The Ethical Notions Of Personhood And Savagery

This article expands upon an essay found in Libertarian Reaction.

A fundamental fixture of Christian values is the inherent sanctity of life. Christian values are at the basis of all modern Western philosophy, and as such this also applies to libertarianism, as it is fundamentally born out of thinkers and theories from Christian Europe. Although the contemporary libertarian movement owes much to Jewish thinkers such as Ludwig von Mises and Murray Rothbard, it still has the Western Christian roots with which it began.

It is important to note that Christian values are somewhat divorced from the Christian faith. One can still agree with the basic values of Christianity without adhering to the religious practice, as evidenced by the idea of cultural Christianity, which regards Christian teachings as useful even if they are not necessarily true. Because of this influence, libertarians often assume at the basis of their ethics that any living human can be considered a person, and thus every living human can be held to the same moral standard. But this is demonstrably not the case, as there exist humans who are unwilling or unable to be moral actors.

We must consider these humans under a different set of ethics, and we must recognize that there are humans to whom we cannot apply our notions of personhood. There exist humans who reject the idea of a right to life. In order to effectively deal with their performative contradiction, we must exclude humans who reject the right to life from the protected status of having a right to life. If one assumes that life is valuable, then one must take one of two positions: either that life is valuable even if it goes against life, thus contradicting the main principle; or that life can cease to be valuable. With the second assumption, one can still hold that life is valuable. However, it has a clause that it loses its value when it goes against life. From this, we can formulate a theory that allows for killing in limited circumstances when this would preserve life rather than destroy life.

The Edge Of Personhood

At this point, we are introduced to both a fascinating and a potentially terrifying concept. There is a possibility that some humans are fundamentally incapable of mutual respect for life, and thus they are not persons in the ethical sense. If this is true, then libertarian theory needs to exclude certain humans entirely. After all, one cannot expect to achieve a libertarian world if it is populated by humans who do not respect life, liberty, or property, and respecting the latter two is meaningless if one does not respect life, as there is no liberty or property without life.[1] Due to this, there can be no cohesive libertarian social order without the exclusion of this subsection of humans who cannot be properly considered persons. These humans are incompatible with life, liberty, and property, and accepting them as people will create a theory and practice that cannot result in a libertarian social order.[2]

It is necessary to classify humans into two groups: those who have the capacity to observe ethics based on the preservation of life and those who do not. The first group are ethically and morally persons, the second are savages. One cannot conflate persons and savages without contradiction, moral relativism, or outright nihilism. In order to make such a classification, it is necessary to establish a set of criteria that would exclude someone from the classification of person and make one a savage. This may be done by observing that rejecting certain principles will make someone incapable of respecting the lives of others.

There are humans who cannot understand the ethical reasons for preserving the life of other humans even when it may be inconvenient to them. These humans value their own lives and will protest if anything is done against them. However, these protests are empty because they will not afford the same courtesy to others. To them, the idea of a right to life is not an inherent right for everyone, but a political weapon that they can use for their own benefit. They will defend their own lives at the expense of everyone else in their society. These humans will be a minority of any non-primitive society, but they are still a significant theoretical and practical concern, especially when one considers the rise of some groups who show increased tendencies to be opposed to the life, liberty, and property of others.

It would also be meaningless to introduce the notion of savages without defining the traits in humans that are capable of creating respect for life, liberty, and property. Since all action starts in the mind, there must be psychological reasons to explain why some humans are able to respect rights and others are not. One can attempt to rationalize why some humans are savages and try to use it as an excuse for savagery, but this ignores the main issue, which is that some humans are pathologically incapable of respecting life. The reasons for this are irrelevant in ethical considerations, and are only important insofar as one cares to prevent more humans from becoming savages in future. On an interpersonal level, we must show compassion for these humans, but compassion alone cannot dictate our philosophy.

Forming Morality

There are three conditions that must be met in order to form morality. First, people have to prefer morality over the lack thereof. Second, people have to prefer reason over the lack thereof. Third, people have to be capable of empirical observation. If any one of these conditions is not met, there can be no morality on an individual scale. Most humans are capable of all three. Many are poorly capable in some regard, which creates an inconsistent regard for life, liberty, and property, but it still is a degree of respect which makes humans able to function within a society based on law. A human who does not prefer morality cannot prefer to be moral over being immoral, which means that these humans cannot be moral actors and are therefore in the savage category. If a human is fundamentally incapable of preferring morality, then they can have no place in a society that aims to create virtue and/or wealth.

The most important of the three is the capacity for reason. Whereas rationality is the defining feature that separates humans from other animals and the basis of all morality, there is no personhood without rationality. Without reason, one cannot know what is moral beyond what one can instinctively distinguish or what one can absorb from external sources. This may be enough for some humans, but external conditions are always changing. The need to temper empirical results with logic produces a constant need for reason in morality. Abstract thinking requires well-developed rational faculties, and morality is based in abstractions of virtue. Additionally, even perfect knowledge of morality must be accompanied by the wisdom to properly apply it to real-world circumstances. There are situations in which different moral ideas will collide and without reason, these conflicts cannot be productively and consistently resolved.

Furthermore, there are moral values that are eternal and unchanging, and these too require reason to comprehend. These are values ingrained in the very nature of man which would require many generations of evolution to change, thus placing such contemplations outside of the context at hand. These are the base drives that manage to uphold and sustain society. Without reason, we can lose control over these drives. Humans are easily confused; our urges can be misdirected, and the only way to prevent this is with constant vigilance through reason. Without reason, humans are incapable of fully comprehending the purposes for the existence of morality. If humans lose touch with the purpose of morality, then they will lose touch with morality itself.

Finally, there is the capacity for empirical observation. If a human is incapable of seeing reality as it is, he may act immorally while trying to be moral. Moral theories must be subject to testing in the real world in order to be useful for creating and maintaining civilization. New knowledge and discovery must always be put to use when we discuss morality in the current state of society. Even though some staunch traditionalists will disagree, this is not fundamentally in opposition to tradition. Tradition is cultural knowledge that is both maintained and created, a millennia-long collection of best practices. Tradition is the only starting point which can provide this knowledge, but it should evolve in order to absorb new information. By carefully integrating new knowledge in new conditions into tradition, we are able to maintain morality on a societal scale.

The Nature Of Savagery

If there exist humans who are savages, then we must consider who they are and how they act. There are two groups of humans who are obviously savages; the power-hungry members of society who sacrifice the well-being of others to advance their own status, and members of uncivilized societies who are trying to integrate into civilized societies. In the Western cultural sphere, these manifest as leaders of large corporations, politicians, and immigrants from Islamic and African countries. It is a well-known fact that there is a correlation between sociopathy and other pathologies that make it difficult to care for the well-being of other humans, and the humans who hold high positions of power. In fact, almost every modern institution that controls our societies consists of these immoral humans who are in high positions of power. Their savagery is hard to see for many humans, as they perform most of their immoral actions through proxies and covert pressure, but they are still immoral.

There are obviously humans with the same pathologies who do not manage to reach high positions of power, but due to the current institutional incentives, the institutions of power are built to accommodate their behavior. However, we can elaborate that all humans who are narcissists, psychopaths, or other mentally disturbed individuals do not possess the capacity to value the lives of others. In fact, the only way they can demonstrate that they can value life is if they are actively seeking help. Perhaps more importantly on a cultural level, the rejection of individualism and enlightened self-interest is in large part due to this sort of subnormal behavior. Few would associate self-interest or individualism with evil if it was not portrayed as such by humans who are incapable of respecting others. If those who wish to create a society of self-interest and individualism, which is supposed to be beneficial for those within the society, do not reject anti-social behavior, they will fail on both a philosophical and cultural level.

The obvious examples of the second group are devout Muslims and many third-world immigrants. We may just act as if they lack the capacity for reason, but that is only the truth with certain immigrants from the third world. In parts of Africa and Latin America, the development of societies based on rational laws has not occurred. This has not been improved by the political, economic, and social colonization of Africa by whites. There can be no principled opposition to conquering land if it was previously occupied by savages, but this cannot justify the current affair of near-total control over developing nations. It is not the business of first-worlders to interfere in the workings of others, and it will only result in a worse condition of the world for everyone. However, due to the current institutions of the West, there is an influx of immigration from the third world. Many of these humans are irrational and do not assimilate to rational laws. There are exceptions, but the majority of these migrants will only serve to decivilize more advanced countries.

With devout Muslims, the issue is not that they are unable to understand reason alone, but rather that they are incapable of applying it to the real world. Their religion distorts their worldview to such an extent that they often apply their morality in extremely inconsistent and often reprehensible ways. Even though the extreme social conservatism may appeal to some reactionaries in the form of white sharia, it is important to understand that their beliefs are borne not out of principle, but rather the dominance of their religion. It is also clear that Islam in its current state is a misogynistic religion, as tainted as that word has become, and it is important to protect women in healthy societies. Furthermore, the opposition to homosexuality and other degeneracy in Islam is not the civilized sort that is present in Christianity, but simply violence and often perversion. However, ex-Muslims in general and female ex-Muslims in particular show a capacity to function normally in society.

In the previous group, we also must include Antifa and some other communists. This may seem shocking, as they have been raised in civilized societies and have mostly lived in civilization for their entire lives, but many of them have been decivilized by their college educations. The constant drive to go against morality, “whiteness” (European values and cultural attitudes), and society in these institutions causes some humans to lose their ability to comprehend reason and empirically observe reality. They create their own culture, which is based on a system of analysis that only feeds more into their own culture, resulting in them functionally living in a different reality than the rest of us. As such, they are not acclimated to civilization and we cannot consider this group of young humans to be capable of civilization until they learn how to observe reality and use logic again.

The final group consists of humans who commit such heinous crimes that one must assume that they lack one or more faculties necessary for morality. They are savages because they have demonstrated their savagery, and not because we know how they lack certain attributes. These are the pedophiles, sadists, rapists, and mass murderers. They are humans who are not capable of moral reasoning and are savages due to how they behave. One may not understand the mental deficit of each of these humans, but they must lack something in order to commit crimes of such a depraved degree. Although it may be fashionable to oppose the death penalty, there cannot be an ethically sound argument against the death penalty once one considers that not all humans are in the same category of personhood. Note that this does not mean that the state should hold the power of the sword; only that it is morally possible for someone to do so.

Conclusion

A society can use coercive sociopolitical systems to counteract savage tendencies, but this is unacceptable as a solution from a libertarian perspective. Thus, libertarians must ensure that communities founded on libertarian principles are intolerant of humans who are incapable of being virtuous. Otherwise, there can be no libertarian social order. The notion that everyone should sacrifice their freedoms for the protection of the social class of savages should be thoroughly immoral to all libertarians. Savages will always bite the hand that feeds, so it is only detrimental to feed them. This does not mean an extermination of savages, but rather a systematic exclusion of savages from libertarian societies. While the result may be the same if they cannot survive without parasitism upon civilized people, morality is not dependent upon results.

Footnotes:

  1. It is important to note that some people violate the rights of others in certain moments of criminal passion, and that this is a separate concern from what is being discussed here. We are concerned here with those who are pathologically opposed to fundamental ethical norms.
  2. Note that the need to create an exception for those who are pathologically incapable of ethics both defeats and makes possible the common notion of universalist ethics. It is vital to create two classes of humans; however, one may argue that if these two classes exist, then ethics cannot be universal.

Why Price Gouging Is Good

When a natural disaster strikes, it is almost guaranteed that there will be yet another uproar about price gouging. Media pundits will take to the airwaves to virtue signal against people who would dare to exploit disaster victims. Government officials will use the crisis to score political points by portraying themselves as defenders of the common people against greedy capitalists. But how accurately does this reflect reality? Let us explore the nature of price gouging to see the economics of such a situation and explain the behavior of journalists and state agents.

Economic Forces

In order to intelligently approach the concept of price gouging, one must first define it. Price gouging is a sudden, sharp increase in prices that occurs in response to a disaster or other civil emergency. Though this defines the act well, it does not explain the mechanisms behind it. When a disaster approaches, there are certain goods that people wish to acquire in greater quantities than normal, such as clean drinking water, non-perishable foods, wooden boards for protecting windows, and so on. If supply is held constant, then this sudden increase in demand for such goods will produce a sudden increase in their prices.

If left unhindered by the state, this upward pressure on prices will produce important benefits. First, it serves as a signal to producers and distributors of those goods that more supply is needed. The producers and distributors thus learn where their goods are most urgently in demand, allowing them to engage in mutually beneficial transactions with disaster victims. This is how free markets are supposed to function in order to meet the needs of customers.

Second, price gouging encourages proactive preparations. A potential business model for a firm is to invest in equipment that allows it to operate when a disaster would otherwise force it to close, and use the proceeds from price gouging to amortize the cost of the equipment. This helps consumers by allowing them to purchase goods at higher prices rather than be left without essential items during a crisis.

Third, price gouging provides an important benefit by conserving the fixed amount of resources which are present before more deliveries can be made to the disaster area. The higher cost of scarce goods disincentivizes people from buying up supplies that other people need, thus helping to keep the items in stock. This keeps scarce resources from being wasted on marginal uses, directing them toward their most valued uses and the people who most need them instead.

Markets And Malice

Unfortunately, not every instance of price gouging is so benevolent. Business owners who seek to exploit vulnerable people in order to make money do exist. But engaging in such behavior in a free market produces a short-term gain followed by a long-term loss. In a pure capitalist environment, reputation is everything for a business. Whatever profits may come from gouging disaster victims in the present will be more than outweighed by the sales that one will lose in the future because of the damage that this does to one’s brand. After all, most people would view such behavior as adding insult to injury and vote against it with their wallets. Though it is impossible to accurately count sales that do not happen, to dismiss this effect as nonexistent is to commit the broken window fallacy.

Enter The State

Most people are economically illiterate, so they tend to focus on the malevolent type of price gouging and be unaware of the benevolent type. In a democratic state, this has predictable results. Politicians and other government agents will frown upon price gouging and seek to punish anyone who they believe to be engaging in it. But it can be difficult to distinguish the natural effects of demand spikes and limited supplies upon price from the efforts of greedy exploiters of disaster victims, especially for government officials who are too far removed from the disaster area to be intimately familiar with the economic dynamics there. Thus, all price gouging is suppressed by the state, and while this may protect a few people from exploitation, it causes more harm than good by disrupting the market signals which would have informed producers and distributors that their goods need to be sent to the disaster area. The end result is that scarce goods are depleted and not replaced, leading people to once more blame the market for failing them when the actual cause of their shortage was a government failure.

Suppression of price gouging has several deleterious effects. First, by placing price controls on goods, the state deprives entrepreneurs of the profit motive to bring additional supply to the disaster area. Without state inteference, people who live outside of the disaster area and are willing to travel there in order to bring supplies could charge enough for their goods to recover their travel costs and be compensated for the inconvenience of spending time in a disaster area, all while making enough profit to make such a venture more attractive than other economic opportunities. Price gouging laws remove such action, leaving only state agencies and altruistic private groups to provide aid. Note that like all government regulations, price gouging laws are subject to regulatory capture by the largest businesses.

Second, removing the incentive for proactive preparations makes untenable the business model for operating during a disaster described above. Third, removing the conservation effect of price gouging forces business owners to sell goods below their market-clearing price. This incentivizes hoarders to buy more than they need and scalpers to buy goods for resale. The existence of scalpers also makes desired goods more difficult to find, as resellers will be more difficult to locate than established stores. Thus, laws against price gouging do not eliminate the practice, but rather shift it from primary markets to secondary markets and cause a different set of people to profit. Taken together, these effects result in artificial scarcity that makes conditions in a disaster area even worse.

A Pair of Razors

Given the clear case in favor of price gouging, one may wonder why so many people in positions of political power rail against it. Reece’s razor suggests that we look for the most cynical explanation when attempting to determine a motive for state policy. No other possibility prioritizes the self-interest of politicians and their minions over the lives and properties of citizens quite like the idea that government officials want to suppress the natural response of markets in order to make government disaster relief agencies look effective and necessary, thus justifying their existence and expansion, so Reece’s razor selects it.

However, it is not in the rational self-interest of elected officials to increase the suffering of disaster victims who are capable of removing them from office in the next election. A better explanation is offered by Hanlon’s razor, which says that one should not attribute to malice what can be explained by stupidity. In this view, government officials are not trying to increase the harm done during a disaster; they simply know no better because they are just as economically illiterate as the electorate, if not more so. This razor is a better fit for the available logic and evidence.

Conclusion

It is clear that price gouging has an important economic role in ensuring that goods both go to those who need them most and remain available in times of emergency. Market prices are important signals that tell producers and distributors where their goods are most urgently needed. When the state interferes with this process by imposing price controls, it turns off the signal and incentives for market actors to send aid, encourages hoarding and scalping, and discourages conservation and farsightedness. These effects mean that laws against price gouging harm the very people that they are ostensibly supposed to help. Therefore, price gouging should not be punished by the state or demonized by the press.

On Immigration and Outlawry

By any objective measure, the immigration system in the United States is a joke. Current estimates find at least 11 million illegal aliens living in and working in the United States. There is a possibility that the real figure is significantly higher, given the fact that criminals do not normally volunteer to tell census takers about their criminal exploits.

If one needs any more proof that American immigration policy is a logical mess built on wobbly legs of moralism, then one need look no further than the current controversy over DACA. Deferred Action for Childhood Arrivals, which produces so-called DREAMers, is nothing more than warmed-over pablum about each new arrival making America more “American.” The Left fights for illegal immigrants and their children because Hispanics and Asians, who make up the majority of America’s immigrant population, are among the most solidly Democratic voters in the country. Mainstream Republicans tend to favor “amnesty” or “immigration reform” because their corporate overlords have an unending appetite for cheap labor. The mushy middle either keeps silent or pretends to support DREAMers and other illegal aliens simply because they do not want to look like the “bad guy.”

Curtailing illegal immigration is a public safety issue. Contrary to establishment media propaganda, illegal and legal immigrants are overrepresented in American crime statistics. They are nine percent of the U.S. population overall, but make up about 27 percent of the federal prison population. It is also a cultural issue that directly weakens the original American promise of liberty. Freshly arrived immigrants and well-established immigrants both use welfare at higher rates than the native-born. 48 percent of all immigrant households are on some kind of welfare. Hispanic immigrants alone use 73 percent of this 48 percent share. Such welfare dependency expands the vampiric state, and in turn promotes the continuance of anarcho-tyranny (more on that shortly). Such a state will never voluntarily shrink itself; therefore, the more immigrants America has, the more the American Leviathan will expand and consume.

Illegal immigration has helped wages for working-class Americans to either stay the same or decrease since the 1970s. These Americans, many of whom have failed to get the stamp of approval of the neoliberal world order that is known as a college diploma, the opportunities for ascending the economic ladder have virtually become null and void. This is a direct suppression of economic liberty via the coercive force of the state and its unwillingness to enforce its own laws.

Finally, curtailing illegal immigration means protecting the unique heritage of the United States. America is not a “proposition nation,” nor can such a thing really exist, despite all of the starry-eyed propaganda to the contrary. America and its culture can be traced back to the English Reformation of the 16th century. New England received the rebellious Puritans, who dissented from the Stuart’s practice of the divine right of kings and the supposedly godless idolatry of the “popish” Anglican Church. Virginia on the other hand became the home of Englishmen from the Vale of Berkeley, a part of old, Anglo-Saxon England with a strong tradition of slavery and hierarchical social relations. Subsequent waves of Scots-Irish, French Huguenot, and German Protestants added to this English culture, thus creating a firmly Anglo-Celtic and Protestant nation by the 18th century. The Declaration of Independence and the Constitution did not make America; these failed pieces of paper merely tried to document a culture and a people that already existed. This culture is precious and should not be beholden to the whims of transnational corporations or academic aristocrats who control the moral economy.

A true libertarian alternative to America’s broken immigration system would emphasize the concept of outlawry. This pre-modern designation, along with attendant penalties, would not only help to decentralize border enforcement, but it would also prioritize punishments for those individual aliens who enter the United States illegally and who commit crimes against people and/or property. By branding illegal aliens who also attack Americans as outlaws, enforcement would fall to local jurisdictions, not to the monolithic federal government.

Anarcho-Tyranny

The term anarcho-tyranny was first coined by paleolibertarian writer Samuel T. Francis. According to Francis, this is a state of affairs in which real crimes are not policed, while innocents are tyrannically controlled. Francis’s concept echoed the wisdom of 18th century conservative Edmund Burke, who noted that “Society cannot exist unless a controlling power upon will and appetite be placed somewhere, and the less of it there is within, the more of it there must be without.”

When it comes to state-enforced multiculturalism, freedom of association is curtailed under the auspices of keeping the peace. Ingrained tribal prejudices must either be shamed out of existence or injected with happy drugs. Christian bakers must create wedding cakes for gay couples so that the neoliberal state maintains the consent of homosexual voters. Americans who exercise the right of self-defense in some states have to deal with the prospect of police officers invading their homes and confiscating their guns because someone claimed that they were crazy. All of these are examples of anarcho-tyranny in practice.

Anarcho-tyranny can be seen when Antifa and Black Lives Matter agitators are allowed to riot while the Unite the Right demonstrators faced down riot police after suffering the slings and arrows of the control-left. Every violent protest in recent memory could have been put down with extreme prejudice against radical leftists, but the police almost invariably hang back either because they do not want to be called “racist” or because their superiors told them to give the rioters room to blow off steam. (When they do not hang back and instead form and hold a protective line, events tend to remain nonviolent.) These decisions not only cost private businesses and business owners millions of dollars (when was the last time that violent protestors in America seriously attacked state buildings?), but they also directly oppress law-abiding citizens. After all, what does the state do better; capture real criminals or harass individuals exercising their liberty?

When it comes to illegal immigration, the state has the money and resources to enforce existing immigration laws. It simply refuses to do so because it is in its rational self-interest to behave in this manner. A multicultural society with low trust levels between citizens is the ideal state for those who seek to create statism. When neighbors do not trust each other or do not even interact with each other, each threat, real or perceived, becomes the job of outside forces, namely the police. What this does is remove the responsibility of personal and communal defense from individuals, thus further legitimizing the idea that the state is the only entity that has a right to use violence.

The Concept and Practice of Outlawry

In pre-modern societies, outlaws were those individuals or families who directly threatened the security or private properties of the community. Since these communities managed their own security and made their own laws, they had a very visceral idea of why branded outlaws were dangerous.

In ancient Greece, organized thievery was considered a somewhat legitimate way of earning money. Later Balkan cultures (for instance Serbia) relied on bandit warriors named hajduks in order to resist Ottoman Turkish control. British Marxist historian Eric Hobsbawm would later characterize the hajduk figure as an “invented tradition”—a masculine folk hero that lived outside the cloying strictures of both Turkish and official Serbian rule.

The ancient Romans did not take the Greek view of banditry. The Roman Republic considered outlawry to be the antithesis of Roman virtues like Industria (industriousness) and Severitas (self-control). The later Roman Empire similarly took a dim view of outlaws. The punishment for banditry was fierce—all outlaws became “non-persons” and were barred from maintaining or earning Roman citizenship. Furthermore, outlaws, which were known in Latin as latrones, faced the threat of losing all property rights, crucifixion, or being used as animal bait during gladiatorial games.

Several famous outlaws struck against Rome, thus showing why the Senate and the Caesars took outlawry so seriously. Between 147 and 139 BC, Viriatus, a Lusitanian sphered led a rebellion against the Roman government. After surviving praetor Servius Sulpicius Galba’s massacre of the Lusitani, Viriatus swore revenge and created a peasant army in what is today Portugal and Spain. Viriatus’ army initially had the upper hand during the Lusitanian War, especially when Celtiberian tribes decided to join his cause. Ultimately, Rome crushed the insurrection by renewing the war after Viritaus agreed to a peace with Fabius Maximus Servilianus. Servilius Caepio bribed war-weary Lusitani emissaries with a money and peace if they assassinated Viriatus, which they did. Rome would rule Hispania until the 5th century AD.

In the medieval world, outlaws continued to plague private citizens as well as the state. In medieval England, outlaws were those individuals who were considered “outside of the law” (hence “outlaw”). These individuals had been accused of crimes in court, and if they failed to appear before a local judge, the sheriff was sent to get them. Robin Hood is the most famous outlaw of this period. In the late medieval courts, outlaws were those who committed treason, rebellion, or murder. A special writ of capias utlagatum could be issued by the Crown or Common Pleas. In these instances, sheriffs could seize the property of outlaws, which was then forfeited to the Crown.

As recounted in the work of Michel Foucault, pre-Enlightenment Europe disciplined all outlaws and criminals very publicly. For instance, in 1757, Robert-Francois Damiens, a domestic servant who tried to kill King Louis XV, was drawn and quartered by the command of the king. Such punishments seem ghastly to us today, but that is only because the Enlightenment took a completely radical approach to the entire concept of criminality.

Thanks to social reformers like Jeremy Bentham and others, crime became something that could be cured, or, at the very least, hidden away from society. This idea of criminality as something “antisocial”—as something against the mass of individuals that make up so-called society—led directly to the growth of the impersonal penal state. Rather than be punished and made to perform restitution by the Crown or the process of common law, modern-day outlaws are institutionalized by prisons that operate very much like schools and hospitals. In essence, outlaws are still those who go against the wishes of the state, but the modern state sees it as its duty to try and rehabilitate these criminals. Of course, the government seizes money from private citizens in the form of taxes in order to carry out these hare-brained designs.

For A New Outlawry

Officials in the modern state have no real conception of interpersonal violence because the state is not controlled by a small set of private individuals. The state is a monstrosity that moves forward with its own internal logic, regardless of which political party is in power. In order to reclaim any sense of liberty in the modern world, America must embrace the pre-modern sense of security and responsibility as primarily the province of local communities.

Rather than rely on labyrinthine state and federal laws that only seem to allow repeat offenders to constantly cross back and forth between borders, a more sane alternative would simply brand those illegal immigrants who commit serious crimes as outlaws, seize their property (if they have any), deny them the possibility of ever obtaining American citizenship, and force them to pay restitution to their victims.

Furthermore, like the “civil death” doctrine of medieval Europe, immigrant outlaws should face the wrath of the civilian population. Rather than promote further statism through the use of federal agents or local law enforcement, private individuals should be able to take the reins of enforcing immigration laws. In preparation for a stateless society (or at least a society that does not fit the current definition of the neoliberal state), free associations of individuals should be tasked with not only securing their properties and the border, but should be authorized to apprehend outlaws and bring them to court.

As dangerous as these laws may sound, they at least would show that this country and its people take immigration laws seriously. Similarly, so long as illegal immigrants only fear deportation, they will consistently break American laws in order to get on American welfare or to work for better wages in this country than elsewhere.

Physical Removal

Hans-Hermann Hoppe argues that culturally destructive forces like Marxism, both economic and cultural, should be physically removed from libertarian societies in order to guarantee the survival of liberty, free association, and voluntary transactions. Continued illegal immigration is clearly a threat to America’s precarious liberty, and as such should be met with a form of physical removal. This removal should be accomplished by private citizens or groups of private citizens.

First and foremost, the police, in the words of Robert Taylor, “do not exist to protect you, defend private property, or maintain the peaceful order of a free society.” Taylor further notes that the primary function “is to make sure that the state’s exploitation of the public runs as smoothly as possible.”[1] Therefore, security should become a private affair. This includes enforcing the law against illegal immigrants who directly threaten communities.

Criminal illegal aliens should answer for their crimes in front of the communities that they have injured. As Hans-Hermann Hoppe writes:

“Families, authority, communities, and social ranks are the empirical-sociological concretization of the abstract philosophical-praxeological categories and concepts of property, production, exchange, and contract. Property and property relations do not exist apart from families and kinship relations.”[2]

There is no need for a government corrective here. Immigrant criminals, many of whom come from countries where socialism is the norm, not only carry the possibility of political warfare (in the form of voting for or giving a raison d’etre for anti-liberty statists), but they expressly threaten the organic unity of American families through violence. As ever, the democratic state can grow from the chaos of illegal immigration, and as such, stopping criminal aliens without the overview of the state is one way of circumventing state power.

Objections

Such a draconian proposal is certain to meet with objections from both the political mainstream and from left-libertarians, so let us attempt to address some of the most likely criticisms. First, left-libertarians consistently make the argument that open borders are the only truly libertarian solution to the problem of state power and statism. However, as has already been noted in this publication, “maintaining a distinctive culture is a good reason to restrict immigration.” Of course, immigration has economic benefits, but all libertarians should ask themselves whether immediate economic benefits are worth the cost of potentially dissolving any chance for a libertarian social order. After all, Taylor correctly notes that the left-libertarian case for open borders often conflates state with nation. He notes that “the state is artificial, arbitrary, and coercive,” but calls a nation “a national identity, protected by borders.”[3] This is healthy and natural so long as private property rights on the border are respected.

Another possible libertarian criticism of the entire concept of national borders is the problem of state coercion, namely the fact that immigration laws are fundamentally about states using force to welcome or remove private individuals based on sloppy thinking or criteria that seems highly flexible and dependent on the whims of Washington bureaucrats. An answer to this criticism can be found in the words of Murray Rothbard, who summarized why libertarians should never overlook the fact that “nation” is a category separate from both “state” and “individual.” Rothbard writes:

“Contemporary libertarians often assume, mistakenly, that individuals are bound to each other only by the nexus of market exchange. They forget that everyone is born into a family, a language, and a culture. Every person is born into one or several overlapping communities, usually including an ethnic group, with specific values, cultures, religious beliefs, and traditions. He is generally born into a country; he is always born into a specific time and place, meaning neighborhood and land area.”[4]

To ignore this is the height of political autism.

A third criticism is that implementing outlawry encourages murder. The plan described above only labels unrepentant, determined aggressors as outlaws, and killing aggressors is defense, not murder. Furthermore, anyone who tries to kill an outlaw but instead ends the life of a non-outlaw would be guilty of premeditated murder and thus subject to life imprisonment or capital punishment, thus providing a strong deterrence against overzealous outlaw hunters.

Finally, the most likely objection to this plan is that it would lead to vigilante justice, but in a sense, that is precisely the point. And is not vigilante justice preferable to anarcho-tyranny? A world wherein outlaws are chased down is better than a world wherein immigrant criminals rape and murder, get deported, then rape and murder some more before being thrown into a money-making machine run by the state.

Conclusion

The outlaw solution would encourage communities, towns, and counties to mobilize their independent resources to protect their own people from the threat of criminal illegal aliens. If a serious crime is committed, then these localities could extract just punishment from the criminals without feeding into the state’s prison system. Outlawry not only takes away the state’s monopoly on violence; it is also preferable to any open or quasi-open borders situation wherein wanted and unwanted immigrants used public roads and public property that once belonged to private individuals.

The concept of outlawry as a way to combat illegal immigration may only be feasible in a truly libertarian state. However, certain measures could be put in place at present that could dramatically change the on-the-ground reality. Namely, the rise of border militias like the Minutemen is a positive development. America should go further by abolishing the Border Patrol and replacing it with private security agencies that have to answer to those citizens who own the land on the American border. Unlike federal employees, these private agents could be fired for doing a poor job and/or for colluding with Mexican drug cartels.

Illegal immigration has not only helped the cause of “Brazilification” in America, but attendant criminality is a direct threat to all private citizens, their properties, and their freedom of association. Given this reality, criminal illegal aliens who return to the United States after being arrested, convicted, imprisoned, released, and deported should be treated as outlaws and should face the possibility of death for impinging upon American liberty. This proposal has the added benefit of legitimizing decentralized power structures in the face of anarcho-tyrant state.

References:

  1. Taylor, Robert (2016). Reactionary Liberty. CreateSpace Independent Publishing Platform. p. 125.
  2. Hoppe, Hans-Hermann (2001). Democracy – The God That Failed: The Economics and Politics of Monarchy, Democracy, and Natural Order. Transaction Publishers p. 203.
  3. Taylor, p. 221.
  4. Rothbard, Murray. Nations by Consent: Decomposing The Nation-State. Journal of Libertarian Studies 11:1 (Fall 1984). https://mises.org/library/nations-consent-decomposing-nation-state-0

How To Rein In Censorious Technology Giants

Over the past decade, the large technology companies of Silicon Valley have transitioned from a mindset of attempting to make government censorship impossible to a mindset of attempting to make government censorship unnecessary. Those with views which are in opposition to the progressive narrative have increasingly found their posts removed and accounts suspended on the social media platforms created by these companies. Though this is not a new problem, it has escalated since the firing of James Damore from Google and the unrest in Charlottesville. Those who are not part of the progressive movement, such as conservatives, libertarians, reactionaries, and the alt-right are increasingly finding themselves shut out of open discourse online, having to either signal compliance with the left or risk being de-platformed on the most popular social media sites. Though the alt-right has borne the brunt of this so far, it is unlikely to stop there, as the contemporary left does not value discourse in the same way as their classical liberal predecessors. There are several proposed responses to this situation, but none of them are likely to effectively deal with the problem. Let us examine these to discover their shortcomings, then craft a novel response that is more likely to succeed.

The Mainstream Libertarian Response

In the mainstream libertarian view, the large size of Google, Facebook, Twitter, Apple, GoDaddy, Paypal, and others are astonishing success stories of free-market capitalism. They tend to view these technology companies as private businesses whose owners should be able to freely choose with whom they will associate or not associate. Indeed, many libertarians view ostracism as a nearly universal positive, working to reward preferred behavior while punishing dispreferred behavior. If these companies behave improperly, mainstream libertarians believe that the market will punish them by elevating an alternative to prominence.

Though ostracism on the basis of behavior is nothing new, the crowdsourcing power of the Internet has transformed it into a political weapon that can be used to ruin people unjustly. Moreover, it is capable of dividing an entire society along ideological lines. When reasoned discourse is shut down and unpopular viewpoints are suppressed by howling irrational cyber-mobs, those who are de-platformed are likely to have their internal victim narratives confirmed, radicalizing them further. This may serve as a precursor to a novel type of civil war, one which arises when the heated rhetoric that is naturally produced as a byproduct of democracy escalates into political violence and there is no peaceful outlet to reduce tensions before they consume the entire society.

In a free market, censorious behavior from the largest companies would be of little concern. As John Gilmore, co-founder of the Electronic Frontier Foundation, said, “The Internet interprets censorship as damage and routes around it.” But it is also true that those in positions of power view checks, balances, and competition as damage and seek to route around them. Technology giants accomplish this partly by lobbying governments to regulate their industries in a manner that they can capture, as any other large companies would. But they have another weapon which can be even more potent: they can use their platforms to keep their upstart competitors out of search results and application stores. This can keep their competitors from gaining the brand recognition necessary to build the user base to become successful social media platforms. This was less of a problem in the early days of social media when turnover of the most popular sites was higher, but the near-monopolies of the largest companies are no longer as vulnerable.

The Conservative/Alt-Right Responses

In the view increasingly expressed by conservatives and alt-rightists, the Internet is an essential aspect of life in the 21st century, and the technology companies that deny people access to the most popular social media platforms, domain hosting services, and payment processors are curtailing both the civil liberties and economic opportunities of those people. The largest technology companies are effective monopolies, in that these firms are the only sellers of products and services that have no close substitutes. In response, they call for the state to regulate these companies as public utilities, much as they do to providers of electricity, water, and natural gas. This line of thinking also leads to support among these people for net neutrality regulations. Some argue that government regulation is even more necessary in this case, as the network effects and first-mover advantages of the largest technology firms mean that a competitor cannot provide the same quality of service even if there are no significant barriers to entry into the business of creating social media platforms, search engines, and payment processors.

However, treating social media as a public utility is likely to cause more problems than it solves. When governments began regulating other industries, innovation in those industries slowed. The companies which were nearly monopolistic either remained so or became real monopolies, as competition became even more difficult. Freezing current troublesome companies in place as major players rather than allowing upstarts to displace them is an undesirable outcome. This is exacerbated by the fact that public utility regulations are just as vulnerable to regulatory capture as any other regulations. It is also strange to equate losing social media presence with losing access to goods and services like clean water or garbage disposal, as one can live a healthy life without access to social media. Furthermore, the cost of regulation is likely to be high, and the regulated businesses will pass this cost onto their customers.

A Radical Proposal

To summarize the above responses, the mainstream libertarian would do too little while the conservative or alt-rightist would do too much. What is needed is an approach that can stop the censorious technology giants from abusing the power they have accumulated without causing the innovation-stifling and monopoly-calcifying effects of government regulation. This approach should use state power in a manner which does not expand said power beyond its current size and scope, but will solve the problem with minimum malign interference in the economy. Fortunately, there is a simple and powerful solution which may be explained in a straightforward manner.

To begin, let us note that all of these technology giants are incorporated companies. A corporation is a legal fiction created by the state to shield business owners from full financial liability and ease the enforcement of laws upon those businesses. It is impossible to create a corporation without involving the state, as attempting to do so without registering the corporation with a government will have no effect. The closest one could come would be to negotiate recognition of a business entity with limited liability with each customer of that business, but this would not be identical to a state-recognized corporation in terms of its interaction with the state. Two results directly follow from this. First, registering a corporation amounts to participation in a government program. Second, state-recognized corporations are not truly private businesses, but public-private partnerships in which the state provides limited liability through its monopoly on courts and the private business fulfills its purpose, whatever it may be.

In order to participate in a government program, a person or other entity is supposed to be in compliance with government laws. In the United States, the highest law with which a state-recognized corporation should be in compliance for this purpose is the Constitution. The Constitution contains a number of provisions which are supposed to limit the conduct of government, including provisions to protect freedom of speech, freedom of the press, freedom of assembly, security against unreasonable search and seizure, and due process, among other rights. Because state-recognized corporations are public-private partnerships, they should be held to the same limitations on their conduct.

Thus, we arrive at an approach that meets the conditions described above. The technology giants that are currently engaging in censorious activities against viewpoints that they find disagreeable should be approached by the state and given two choices. Their first option is to begin respecting the aforementioned rights in accordance with the above argument and stop their censorious behavior. Their second option is to forfeit their corporate charters and right to do business as a corporation in the United States. This means that they would lose access to all government contracts, loans, and grants, could not be bailed out by taxpayers if their businesses falter, could not receive property taken through eminent domain, and the personal assets of everyone in the company would be available for paying civil damages. In other words, the leadership of the technology giants would have to choose whether to contribute to a more open marketplace of ideas or to become free-market businesses, either of which would be an improvement upon the current state of affairs. Even the hint that such a proposal is being considered by high-ranking federal officials would have the technology giants rushing to behave better, and could accomplish the same results as public utility regulation with far less threat to innovation.

Now let us apply the test described above,

“This approach should use state power in a manner which does not expand said power beyond its current size and scope, but will solve the problem with minimum malign interference in the economy.”

Currently, the federal government enforces anti-discrimination laws on bases other than those involving the people being de-platformed by the technology giants. This proposal implicitly adds the basis of political ideology to race, gender, age, sexual orientation, and other currently protected categories. While this may appear to be an increase in scope, it would actually work to level out some of the discrepancies caused by protecting only the aforementioned categories. In order to evade constitutional restrictions, the federal government typically uses carrots rather than sticks to gain compliance from state government and large corporations, in the form of only awarding federal funding to compliant entities. Here, strings attached to continued recognition of corporate charters takes the place of strings attached to funds, but the overall methodology is unchanged.

As for malign interference in the economy, the latter option may appear to be so, but it is not upon closer scrutiny. First, no rational person in a leadership position at a technology giant would choose it due to the enormous risks involved in running such a large business without the legal shield of a corporation. Second, if any technology giants did choose the latter option, the change of ending state-recognized corporations in favor of government independence and full responsibility would be a beneficial move toward a more free-market economy.

Objections

Such a novel and radical approach is certain to meet objections, so let us attempt to anticipate and deal with some likely criticisms. First, there is the potential for technology giants based in the United States to balk at this dilemma and respond by leaving the United States for more favorable conditions elsewhere. Though this may be extremely disruptive in the short term, it would remove the canopy that is blocking the sunlight needed by the seedlings that seek to grow and replace the technology giants. The end result would almost certainly be both a more open and a more free market in the long term. But this is an unlikely result, as they would not wish to lose such a large and wealthy customer base as the American people.

Second, such a move would certainly be challenged in court, and the Supreme Court may see fit to rule against it. If this happens, then nothing will be lost and awareness of the need to appoint justices who are more friendly to the anti-censorship cause will be raised. It would also provide a strong President with a chance to ignore the Supreme Court and force the issue, especially if public opinion is against the side of the technology giants. The dominance of the judiciary in the American system is a longstanding problem, and any opportunity to challenge its power is a welcome development.

Third, there is the claim that this proposal is more about open markets than free markets. This claim is not without merit, but the current market conditions are neither open nor free. Working toward free markets is the primary economic objective of libertarian philosophy, but in the meantime, an open unfree market is superior to a closed unfree market. It is important not to fall into the trap of political autism by doing nothing until an ideal libertarian textbook solution hopefully comes along, which may not happen.

Finally, one may wonder why the issue cannot be left up to the market. In the long term, the market is essential for solving the problem posed by the technology giants. But although this is necessary, it is not sufficient for dealing with the immediate problem at hand. Through their current market share and their abuse of the power that said market share provides them, the technology giants are making the market unfree. Like it or not, the state is the weapon currently in play, and unless it is going to be eliminated in the near future, its power will either be used to favor the established companies or their upstart competition.

Conclusion

The technology giants have managed to acquire an unprecedented amount of power over the lives of people all over the world. As Frank Herbert observed, “Power attracts pathological personalities. It is not that power corrupts but that it is magnetic to the corruptible.” If the leadership of these companies decide that they wish to silence someone and ruin their finances for whatever reason, it is within their capabilities to do so. Some may cheer because such a fate is currently befalling the alt-right. But what they do to Christopher Cantwell and The Daily Stormer today, they can and will do to anyone they dislike in the near future. Unless the technology giants are reined in, they will provoke the state into regulating their industries as public utilities, which will set back innovation by decades. The mere threat of the above proposal is capable of not only stopping their censorious behavior, but of opening the markets enough for private competitors to free them.

On The Relationship Between Libertarianism and Fascism

In the August 2, 2017 episode of the Tom Woods Show, Woods talks about the moral outrage of left-libertarians and their tendency to call other libertarians fascists, Nazis, or whatever other insults they can muster. To follow up these complaints, he asserted that libertarians and fascists are completely contradictory political perspectives and could never be combined, alluding to the “libertarian fascists” and libertarians with fascist sympathies. He also said that when one embraces fascism, one must have relinquished one’s libertarianism, as there is no other solution that would make sense. In the historical sense of fascism, libertarian fascism is a contradictory term. A person who is a libertarian cannot actually and fully consider themselves a fascist in that sense, or vice versa. However, we can treat libertarian fascism as a placeholder term for a broader ideological shift toward a synthesis of libertarianism and fascism. We may also consider how a private property owner in a libertarian society could have a fascist structure within the bounds of private property.

Examining Premises

The first mistake that Woods (and many other libertarians) make is to assume that the combination of different ideological perspectives is dependent on policy and not the fundamentals of their philosophy. From this, Woods implies that fascism is about centralization and boundless idealism, while libertarians accept people as they are and favor decentralization. Some more simple-minded people also think that fascism is about authority and state power while libertarianism is the complete opposite. This may be true when we look at policy proposals, but policy cannot be the arbiter of ideological coherence or ideologies themselves. We need to analyze the premises of different ideologies if we are to analyze how compatible these ideologies are. This is necessary because ideologies are fundamentally systems of thought and analysis flowing from basic premises. A person using an ideology is a person looking at the world in a certain way and proposing policy positions from that set of value judgments.

To illustrate this, let us consider the example of Milton Friedman. Milton Friedman is claimed by both libertarians and neoliberals as representing their ideologies. This means that both libertarians and neoliberals see Friedman as using their methods of analysis and looking at the world in the same manner that they do. But here we find a contradiction; there appears to be a problem if we are to place neoliberalism and libertarianism on a scale of politics. First, we have to establish that there is a connection between Rothbard and Friedman when it comes to libertarianism; that is, that one could draw a straight line from Rothbard to Friedman and it would naturally follow from their ideological positions. This may be done; one can see that both men respect property rights, advocate for reducing the size of the state, and wish to increase the freedom of the market. But one must also draw a line from Hillary Clinton to Friedman, as they are both neoliberals. Both are cosmopolitan, fairly progressive, and advocate for a sort of economy that is not only free but also open. Although they differ in their degree of state intervention, one can ideologically connect Friedman and Clinton.

But there is a problem, in that no such connection is present between Rothbard and Clinton. There is no consistent line that could connect Rothbardian thought with Clintonian thought. Their philosophies and perspectives are mutually exclusive. There is no principled alliance or synthesis between them; only alliances of convenience may exist. However, when it comes to Friedman, there may be a synthesis between these ideologies. Both Rothbardians and Clintonians will have their criticisms of Friedmanites, but Friedman’s position is palatable for both neoliberals and libertarians. This is because Friedman used both the premises of neoliberalism and the premises of libertarianism. He analyzed the world in a way that followed from the neoliberal desire for openness and personal freedom and the libertarian desire for self-determination and liberty. We can boil down these two positions to this: the neoliberals want looseness while libertarians want property. Neoliberals tend to favor whatever makes national identity, economic policy, or social cohesion looser. Libertarians tend to favor whatever makes property rights stronger, whether it be self-ownership, non-aggression, or property rights in external objects. Coming from both perspectives, one would both appreciate property rights and self-determination but also a loose society without national identity or strong social norms, and this explains the desires of left-libertarians. Friedman was first and foremost an economist, so we see more of the propertarian side of him, but he was also a neoliberal.

The Premises of Fascism

We have already established that the libertarian premises are self-ownership, non-aggression, and property rights. Libertarians tend to favor whatever increases the power of the property owner over his justly owned property. But what do the fascists take as their premises? Contrary to popular belief, it is not opposition to property or to personal liberty. No fascist regime has ever gotten rid of property and the personal liberty question has only been a policy proposal, not something most fascists believe in strongly. There are some fascists who are against property, but they are few and far between and have never had a strong presence in a notable fascist government. In fact, most fascist governments suppress these left-wing variants. In fiction, some fascists are opposed to personal liberty on principle, but these are not reflected in reality; the closest real approximation are people who believe that control is necessary for virtue. But in that case, the premise is virtue rather than control, as the fascist does not want control for the sake of control. To really understand the fascists, we need to look at fascist movements.

In Italy, there were the national syndicalists that eventually became the fascists. They believed in creating a pseudo-syndicalist economy that combines worker interests and business interests to reduce class conflict. They also believed in strengthening Italian society and creating an incredibly traditionalist social order. The Nazis shared the second point, but they wanted an economy where there is comparatively stronger property and there are more capitalistic structures, but on the condition that these structures benefit the nation. In this form, national socialists treat property owners as trustees given property by the nation to take care of the wealth and resources of the nation. We can see many other movements that hold themselves to be both anti-communist and anti-capitalist, but eventually, end up with what we would call a fascist economic policy.

Other movements were somewhat different. The Francoists come from the more orthodox Falangist position, and they are outliers because Franco eventually liberalized the economy and created a more free market than many people would have favored originally. Though Hitler privatized multiple industries, this was nothing compared to the Spanish miracle. The Greek military coup lead by Papadopoulos constantly referred to their movement as being explicitly temporary, however, the attempts of liberalization by Papadopoulos were shut down by other people within the government. It is impossible to know how Greece would have developed if these liberalizations had occurred, but the government was overthrown and Greece eventually became a leftist mess.

One could include Pinochet and use the Chilean miracle as another example of success, but fascists often consider Pinochet to be a sellout, and it is not entirely clear whether Pinochet was actually a fascist or simply a paid CIA operative; an anti-communist or globalist agent. Finally, one can look at the American Nazi party. They are certainly fascists, but they are also constitutionalists. They want to return to the founding documents of the United States, and support sound money and free markets. This contradicts the common image of fascism, and thus may befuddle any libertarian who has not analyzed the premises of fascism.

The Conclusions of Fascism

What all these movements had in common was the ultimate goal of creating a better nation. This meant creating a world where the destructive forces that were threatening to the nation could not take hold and the nation could prosper. They all wanted a society and an economy based around the nation, which they believed would create a better life for the people within that nation. One can see how the policies of all these movements actually follow from the nationalism that fascists take as their ultimate premise. Many say that fascists have no coherent economic policy, but this is untrue. The economic policy of fascists is and always has been to strengthen the nation. The 20th century was marked by a struggle between Marxist world socialism and liberal world capitalism. The Marxists agitated the workers while the liberals agitated the middle and upper classes, creating an immense class conflict that fueled revolution and chaos. The fascists in the early 20th century came along and attempted to create an economy that would work both for the upper and the lower classes, an economy where the workers would get what they think they deserve while the capitalists could keep their capital and use it productively. To do this, they wanted the state to have control of the economy to make sure that no one is exploited (at least, by any entity other than the state) and that everyone will work for the nation to ensure a lack of parasitism for greedy or materialistic purposes (again, outside of the state itself). When this was shown to be unsustainable, the smart fascists shifted to a policy of privatization. This happened under Hitler and Franco to various degrees; they ultimately let go of some state property and handed it to people who used it productively. The Nazis were not ready to give up their desires for the aesthetic advancement of the German people, so they needed to expand their empire to fuel their faulty economy, but some privatization still took place.

The social policy of fascist regimes has always been to make sure that the nation is sustainable and that the nation does not slide into degeneracy. From this follow positions against promiscuity, homosexuality, drug use, and whatever else people do in order to derive hedonistic pleasure at the expense of a healthy society. It also has a strong connection to the view that traditional family structures should be the basis of society, meaning that incentivizing motherhood and the creation of strong men to take care of the women is proper for sustaining the nation. This explains the ethnic element of fascism, as all nations are ultimately determined by the genetic stock of their people and the historical condition where the people have developed. Furthermore, this explains why anti-Semitism is present in historical fascist movements, as fascists tend to view Jews as a hostile minority with disproportionate influence that works to undermine the nation with moral degeneracy and financial manipulation while refusing to assimilate into the host nation.

Libertarianism and Fascism

First, from the premises of libertarianism, fascism is a lesser evil than left-wing socialism. Fascism undoubtedly preserves property more than left-wing socialism does, thus fascist sympathies cannot be construed as completely anti-libertarian. But one cannot take as ultimate goals both nation and property, as the conflicts between these goals would have to be solved by means of arbitrary decision. This means that libertarianism and fascism cannot be combined as ideologies because their premises are different. One may combine republicanism, minarchism, monarchism, anarcho-capitalism, etc. into a broad political movement, as the premises of these positions are sufficiently similar. But there is no way to create a big tent movement that can accurately represent the interests of both fascists and libertarians; the premises come into too much conflict.

Second, there is some value in the notion of being a fascist politically while being a libertarian philosophically. This is a position that some people are becoming more and more sympathetic towards. Left-libertarians like to refer to these people as “helicopterists,” so we can use that term to describe this position. What these people tend to believe is that a military dictatorship is necessary or beneficial if we are to establish a libertarian social order and that we cannot simply transition to absolute liberty without first making sure that policies are implemented to push society toward that goals. These people often argue for violent suppression of leftists, which is not what libertarians traditionally favor, and for a general purge within society that would result in favorable conditions for the formation of a libertarian society.

Third, libertarians may take nationalism as a premise and fascists may take property as a premise, even thought these cannot be their ultimate premises due to the aforementioned conflicts. Fascists may advocate for free-market economics insofar as it increases the health of the nation, while libertarians may advocate for nationalism insofar as it strengthens self-ownership, private property, and non-aggression. In this manner, libertarians and fascists can find common ground by using common premises, and they can create a compromise that is palatable for both fascists and libertarians. We touched upon Milton Friedman earlier to show that it is theoretically and practically possible to embrace different premises even though the policy proposals may contradict themselves. Although there can be a degree of collaboration between libertarians who value the nation and fascists who value property, they will still ultimately be fascists and libertarians, respectively. The priority between property and nation determines with which camp people identify.

Finally, it is possible for a private property owner to administer one’s holdings according to the structure of a fascist dictatorship. Being the owner of property means having a right to exclusive control over it, including its governance structure. However, libertarian standards do not permit forcing non-aggressive people to come into such a structure or remain there against their will, so a libertarian running a fascist governance structure within private property will have to be far less oppressive than statist fascists in order to keep a regime populated. This kind of governance, which offers people no voice and free exit, has proven best at limiting state power throughout history. It would also be best for limiting the tyranny of the private property owner that so concerns critics of libertarianism.

A Critique of Libertarian Strategy

Lack of Action

Even the slightest familiarity with most libertarians will show the observer how much libertarians love to talk about the slightest philosophical disagreements, as well as how much time libertarians devote to libertarian literature and propagating the ideas of liberty on the Internet. However, even with that immense passion, most libertarians seem to be averse to actual economic and political action that would increase the amount of liberty in the world. In fairness, some move to New Hampshire for the Free State Project, some work on start-up societies, and there are gray market alternative products sold by libertarians. However, the amount of effort put into learning liberty does not seem to match up with the amount of effort actually spent on advancing liberty in the real world. Libertarian philosophy may win hearts and minds until the end of time, but if libertarians are not willing to go outside the statist quo, there can be no real world change.

Contrast this inactivity with the progressive movement that swept the United States in the early 20th century. The progressives opened public areas, worked on local communities, and did so in order to spread their progressive beliefs. It was a complete hands-on movement intent on creating actual change and composed of people who were willing to work, leave their houses, and participate in their community. If libertarians want to achieve any level of cultural advancement in a libertarian direction, there can be no expectation of it being created by arguing on social media about whether or not abortions or borders are libertarian, but rather by engaging in social activities in a voluntary manner to spread liberty. Recently, a man built a $100,000 dollar staircase for just over 500 dollars for his community, and this great act of voluntary improvement was removed by the state. There are examples over examples of how children have their lemonade stands shut down when they are trying to make some pocket money. There are constant news stories of how adults who do business on a very small scale without any harm and without selling illegal items get shut down due to the lack of a permit. Every time this happens it gets massive media traction. Imagine if all these people were devoted libertarians and used their platform as a way to spread libertarian ideas, how much more exposure libertarianism could get. If these people flew the black and yellow flag and wrote “taxation is theft” on the side of whatever they were making, they could spread the message of liberty. They may be censored or ridiculed, but it would demonstrate how the libertarian philosophy is practical and beneficial.

This does not mean organizing Libertarian Party caucuses or running for office. Rather, it means breaking laws and making sure that breaking those laws will improve the community in which the law-breaker resides. When there are attempts to combat the injustice of the state, there must be people willing to take risks, and some people must be willing to improve their own communities to make their own lives and the lives of their communities better. If there is no one willing to go against the state and no one willing to get arrested, fined, or subjected to other injustices, then mouthing off on the Internet becomes a waste of time. It is good to try to increase the presence of libertarian ideas virtually, in think tanks, or in politics, but real change comes from individuals acting locally to create a more libertarian society.

This need not be non-political; any libertarian could go out, talk to people, hand out fliers, and do whatever else is necessary for the principles of liberty to be spread in a physical manner. But if libertarians cannot organize a local club, cannot make and print out some fliers to hand out, and are thus unable to actually advance the principles of liberty, they will get nothing done. In fairness, there are libertarians in Cuba who build libraries and take action; there are libertarians in Europe who translate great libertarian texts into their own languages. There are many libertarians who already do such things, but nowhere near enough in comparison to the amount of people who are passive libertarian cyber-intellectuals.

Lack of Charisma

Many libertarians are abrasive, intense, and ill-suited for social interaction. This is a problem which tends to arise when any ideology is based on abstract economic and intellectual arguments rather than arguments which are more relatable to the layperson. This means that libertarians must try to become more charismatic if there is to be a chance for spreading the principles of liberty without forceful imposition. Advocates of these principles cannot stay within a bubble of abstract arguments. Libertarians must become more sociable in order to recruit more people to become libertarians. It is easy to see how this has worked every time it has happened; Ron Paul brought more people over to the liberty movement than perhaps anyone else in the history of libertarianism. The intellectuals who have spent a lot of time being sociable (Walter Block, Tom Woods, and Murray Rothbard immediately come to mind) have converted more people than anyone else who wrote some treatises but never personally taught anyone the principles of liberty.

Music and art are great tools when it comes to spreading the message of different philosophical positions, and it seems that everyone else, from communists to fascists, understands this. That is why Ayn Rand was so important to libertarianism and Objectivism; she made philosophy accessible through her works of fiction. Since libertarian philosophy can affect people deeply and show them truths that they never realized before, it is vital that libertarians focus on making free-market and property-based positions more presentable without corrupting the message. Having to read dozens of dry books and have hundreds of intellectual conversations in order to properly and fully understand libertarianism when some good works of fiction and a few bands could expose the philosophy to a much wider audience in a more effective manner is a travesty. Backwordz is one such exciting libertarian project, as they serve to make libertarianism more accessible, but libertarians cannot relegate an important task in spreading the message of the cause to a few projects. Libertarians should focus more on creating works that are accessible to large audiences. There are many people who lack artistic talents, but if one is blessed with these talents in even the smallest capacity, they could use their time more effectively by utilizing these mediums in order to create a more libertarian society and to make libertarianism more palatable.

This is also the case for the “meme war” that has been happening on the Internet. This is a tactic in which the far-right uses poignant viral images to create propaganda that spreads on its own. This can captivate people who might never be convinced by a logical argument. Libertarians have mostly failed at this and have not often demonstrated the humor necessary to make this tactic work. This is just one small factor of the whole picture, but when one considers the possibility of free viral marketing just by demonstrating a small bit of humor, it becomes very odd that there so little focus on this. Furthermore, it is unnecessary to have this one strategy of viral marketing. Libertarians tend to be individuals who are at least moderately wealthy, so it would be easy for them to buy billboards, put up posters, or purchase online ads that direct people to libertarian websites and beliefs that focus on property and justice. Most people have never been exposed to a true representation of what libertarians actually believe, seeing only the gross caricatures of the establishment press and other statist propagandists. Being able to make the movement and the cause more present and more public would greatly increase the number of people who identify as libertarians. One incredible example, simply for comparison, is that of the flat-earthers who put up a billboard. They are a much more fringe community with an obviously false message, and they still managed to generate enough money for a billboard that gained them at least a small amount of media traction. How libertarians have failed to engage in this method boggles the mind.

Ignorance of the Opposition

One more item of criticism for libertarians is how most fail to understand the arguments of their opponents. Many people may have memorized points and counter-arguments from reading Rothbard, Hoppe, and other libertarian theorists, but there is usually a base assumption that the opposition comes mainly from ignorance and not from differences in knowledge, ethics, and sources. All ideas come from somewhere and although most people with those ideas parrot them to others, this does not mean that we can combat these points properly without knowing their intellectual origins. What makes this even worse is that libertarians may have come from the cultural status quo where most people started and understand those arguments; some libertarians may even have had a phase of being socialist without knowing what that would actually imply. However, most libertarians are libertarians in their premises. It is not an intellectual decision to be a libertarian for most people; we all tend to have some degree of libertarianism within our basic assumptions.

It helps a great deal to know where the opponents of property and capitalism are coming from. It helps to be able to assume their perspective without prejudice and be able to dissect their premises and arguments. Of course, by some metric of self-satisfaction, libertarians are able to think that they did something productive by telling socialists that they need to learn basic economics while ignoring the hundreds of years of socialist economic studies. This argument may have worked when socialism was something that people adopted just to be edgy and to rebel against the capitalist status quo, but in the age of the modern intelligentsia, Austrian economic arguments are less prevalent than socialist ones. In essence, libertarians are the ones who need to learn what other people consider to be basic economics if they are to refute socialists.

Furthermore, libertarians assume that everyone who is pro-state would stop being so if the violence of the state was exposed for what it is. This is false, as many people are completely fine with the state being an institution of violence as long as it serves their own interests. No matter how much anyone talks about the state being immoral or violent and how much taxation is theft, there will be a great amount of people who think, in a Hobbesian manner, that without this violence human beings cannot have civilization. These moral arguments may be fine, but libertarians need to present more perspectives that are better suited for people who approach the world more pragmatically. This is especially true for many socialists and alt-righters; they know that the state is violence and a pure forceful institution. Their question about this is simply, “So what?”. Libertarians cannot always change the moral premises of others by trying to get people to understand the conclusions of the personal moral premises that libertarians tend to hold.

Lack of Virtue

No matter the intellectual caliber of particular libertarians, there are a few problems that need to be solved with the ideology if libertarianism is to go forward. There are strategies and perspectives on how to create a libertarian society and what libertarians can do to approach the type of people who are ready to be libertarians. However, the overwhelming majority of libertarian theory focuses on how great everything would be if everyone already lived in a world where there was virtue, without providing methods of how to cultivate this virtue within the population that is to be made libertarian. The other minority focuses on how bad everything is while everyone is in an oppressive statist society, and other areas of concern are seldom talked about. Only in the past few years has there been even a start of sociological inquiry of these issues on a sustained and continuous basis.

Stefan Molyneux advocates peaceful parenting as an actionable solution for making the world freer. Many libertarians say that education is the best solution. Some propose economic solutions to show people how property benefits them. Some advocate violent revolution. But cultivating the sort of virtue that is necessary to maintain a libertarian social order is not so simple. Anyone can parent peacefully, yet still it can turn out that there is no virtue cultivated in the children within a society. People can educate a person who is not virtuous himself and he may not become virtuous when he knows all the facts. Libertarians can show people how property rights may benefit them, but they may still try to undermine it, provided they are not individuals who have the virtue of respect for property rights.

This needs to be a strong point of libertarian tactics; not only how to make people more receptive to a society based on virtuous behavior, but rather how to make sure that the people are sufficiently virtuous to maintain a libertarian social order. Libertarianism needs to come out of the value-free lull where the focus on intellectualism has left it and delve deeper into the fields of sociology, psychology, and other areas where further research is needed for how to increase the virtue within populations. As it stands right now, libertarians may have good strategies for libertarianism and how to create a more libertarian world when libertarianism already has this support, but far less on how to cultivate libertarian virtues within society.

Lack of Breadth

Libertarianism has overwhelming amounts of substance, but the substance it has is very limited in content when it comes to anything other than economics and philosophy. Though this is by design, in that libertarianism itself is only an answer to the question of when the use of force is appropriate, this does not a complete worldview make. Economics is never enough to run a whole society; there must be values and character traits beyond the economic. There cannot be a healthy society in which the only relations are that of material exchange; this kind of society would certainly fall apart as soon as it was revealed as the husk it is. Even though the intellectual side of libertarianism may call for a value-free economic analysis, a pragmatic and objective political strategy, and a philosophy that can create values beyond what people would consider moral, this is inapplicable to many people. Everyone has values, most people have morals, and people want to see these morals reflected in their societies.

This writer has proposed abandoning political libertarianism as a strategy and focusing instead on advancing local autonomy as much as possible. It would serve to make libertarianism more relatable and to show people how libertarianism can serve to bring their values into the world. However, there is much work to be done on this. Only now are the first efforts being made of a very deep examination and expansive practical project.

The Curious Case of Net Neutrality

Everyone please welcome Insula Qui, our first additional writer at Zeroth Position.

Last week, many libertarians came out in support of a major government program. This would seem odd to many onlookers, as libertarians are supposed to believe in free markets and their efficient allocation of resources, but this issue has divided libertarians like few others. This program is net neutrality, and even anarcho-capitalists have managed to justify supporting it on some occasions, although that is much rarer.

To explain the problems within the concept of and support of net neutrality, a working definition is required. In essence, the point of the regulation that assures the net will stay neutral is to ensure an egalitarian allocation of bandwidth among people and websites. This means that no Internet service provider (ISP) should be able to charge extra for access to certain websites or discriminate when it comes to the Internet in any other way. This seems good and necessary at first glance, but even a cursory examination defeats this. Net neutrality was adopted in 2015, which means that for most of the existence of the Internet, there was no need for any legislation. Yet this legislation was created, not because any ISPs were being unfair, and not because ISPs were considering being unfair. The only reason why net neutrality was created and subsequently passed was to ensure that the Internet would stay the same as it always had been. It turns out that we apparently require massive legislative efforts to ensure that absolutely nothing would change.

The Past Is Prologue

To understand why this debacle started, we must examine the origin of the troubles. The legal procedures were initiated by the situation that was going on between Netflix and different ISPs. The entire spectacle may be summarized as follows: Netflix was using so much data that it was getting slower. That was the entire problem that Netflix had with the ISPs, and that was the start of the entire legislative progress to instate net neutrality. (What was going on was slightly more complicated, but that was the gist of their complaint.) Various streaming services were growing larger on the Internet, so the ISPs were faced with a lot of bandwidth consumption on a continuous basis. With streaming, it is impossible to load the entirety of the data quickly because there is so much of it, meaning that the bandwidth is constantly and intensely used. Since streaming was so popular, there was bandwidth constantly in use and since bandwidth is a limited resource, the streaming sites were getting slower, which was reflected in their bottom line. Because the streaming sites were getting so popular and using gigantic amounts of data and bandwidth, they could not expand more without getting slower and thus expanding less.

This was a problem created by streaming platforms that mostly affected said platforms. ISPs would lose some profitability, but they would still keep most of their profits if they handled streaming more slowly. Most sites without streaming would be affected much less, as they did not need this continuous stream of data and the few thousandths of seconds by which they would have been slower would have gone unnoticed. Netflix and other streaming sites were unable to fix the problem on their end; they already use every compression mechanism possible to optimize their storage and streaming capability without compromising the quality so much that the experience is reduced. Thus, the streaming sites were completely at the mercy of the ISPs to fix this problem. The heroic ISPs rushed in to help the streaming sites, offering to build new infrastructure and give the streaming sites priority in the use of that infrastructure. There was one caveat; the streaming sites would have had to pay for it, which would have caused a drop in their profits, which would have eventually made them increase streaming prices to remain sustainable. Because even the smallest increase would scare off marginal users, this was not in the self-interest of the streaming sites.

Therefore, the streaming sites started advocating net neutrality, claiming that being charged to fix the problem that they caused for themselves was somehow discriminatory to the freedom of the Internet. They also claimed that the ISPs were throttling access to their sites, and that because they could not expect the ISPs to build their infrastructure for them meant that ISPs were planning to turn the Internet into something unfree. In their view, the way to increase freedom with respect to the Internet is obviously to give the government giant amounts of legislative control over it. Because of the appealing notions that the little guy should not be discriminated against by the big scary ISPs, and that the ISPs should not make certain websites into subscription services, a large Internet bandwagon took shape. Almost every large platform took the side of net neutrality, for the sake of fairness and freedom, of course. Even people who constantly tout their knowledge in basic economics were extremely happy that the state could ensure that the ISPs would not discriminate against information that they dislike or try to rent seek on their monopoly.

Statist Problems and Market Solutions

Having described the frankly ridiculous situation, we must look at the problems within this approach, of which there are several. First, there has never been any reason to suspect that any ISP would move to a subscription service model or that they would artificially restrict information they dislike. This has never been actualized and has never been a close concern; it is based on conjecture on par with the implication that warlords would take over without the state. Second, bandwidth is a finite resource; there is not infinite Internet service to go around. This can be improved greatly with increased infrastructure, but this is not cost effective to the ISP.

To fix this, two steps may be taken. Bandwidth could be restricted in one area so others can get more bandwidth, or the company that needs more bandwidth should pay for additional infrastructure, both of which violate net neutrality. This is, in essence, a problem of trying to redistribute bandwidth from the smallest users to the largest users. When bandwidth needs to be equitably arranged, the people who use the least bandwidth would need to use even less to subsidize the people who use more bandwidth. The bandwidth for a neutral use could not come from anywhere else. This is somehow supposed to protect the little guys and make sure that the Internet is accessible for everyone.

The next problem is that this prevents selective Internet access for people who use the Internet for very specific purposes. If one needs to allocate one’s bandwidth to some very certain areas and does not care about the rest and is fine with that being slow, one could very well have the ISP provide a service of throttling certain sites and increasing the speed of others. And these are just the problems when we assume that net neutrality is really supposed to provide for a neutral net.

In reality, it has been the case that giving control over services to the government is generally a bad idea; more often than not, the state abuses all powers it has and creates as many powers as it thinks it should have. Thus we may understand how it could be that having the FCC in control of determining even more in the way of how ISPs act may not be the best idea. It may be that increased regulation would do even more harm to any new ISP that would try to attempt to provide this service. This all is compounded by the fact that the entirety of the problem of monopoly in the provision of the Internet is caused by the government in the first place.

It is not as though the Internet is a natural monopoly; no matter what many would have us believe, natural monopolies do not exist; just the optimal size of firms differs. However, when an industry is over-regulated, it will become less competitive as the barrier to entry into that industry is increased. It happens to be that the Internet is one of the most regulated industries.

There are huge issues with providing cables; thousands of people whose approval is needed, dozens of restrictions and last mile rules, etc. The government has a firm grasp on the net no matter what. This is best exemplified with the legal issues Google Fiber has been having when trying to establish themselves as a competitor to the current oligopoly. A company as powerful as Google has been unable to establish themselves in the market due to legal issues, as cost is certainly not a problem for them if they think they will outcompete the existing systems. Without this state-imposed oligopoly, there would be no problems with competition within the Internet. The optimal size of firms is probably much smaller than the firms which exist now. The market would do its job, the provision of the Internet would be decentralized in its construction, and quality would increase while prices fall.

Libertarians Against Cyber-Liberty

However, this does not seem to be a priority to many people, as most claim that we must regulate companies to solve problems that regulation created in the first place. To them, the only way to combat problems caused by the government is with an increase of government control in that area, the problems caused by this control need to be fixed by additional government control, and so on.

Unfortunately, it seems as though many libertarians, instead of sticking to their free market principles and trying to solve the problem that government regulation caused in the market of providing the Internet, are apathetic about this original regulation. It is almost as if these libertarians think that if the government was more involved in the market, then the market would be more free. This is not Internet-libertarianism, but Internet-communism. What else can one call the desire to redistribute bandwidth equally among all by the force of the state?

A Consideration Of Helicopter Rides

In recent years, the meme of throwing one’s political rivals out of helicopters has become popular among certain right-wing and libertarian groups. Unfortunately, people from all over the political spectrum tend to misunderstand the historical context of the meme, and thus interpret it incorrectly. Let us consider the backstory of helicopter rides in order to better understand their use, ethics, and utility.

Socialism in Chile

In 1970, Socialist candidate Salvador Allende became President of Chile, winning a plurality of votes and allying with the third-place Christian Democrats to gain the necessary majority to rule. He was the first openly Marxist head of state in a Latin American country to come to power through democratic means. The CIA and KGB both spent significant amounts of money to interfere in the election.

Once in power, Allende’s government took over control of large-scale industries, health care, and education. He expanded government theft and redistribution of land initiated by his predecessor Eduardo Frei Montalva, such that no estate exceeded 80 hectares (198 acres) by the end of 1972.[1] Payment of pensions and grants resumed, and social programs were greatly expanded. The arts became funded by the state. Diplomatic relations with Cuba were restored, and political prisoners were released. Price fixing for bread, wages, and rent occurred. Taxes on small incomes and property were eliminated. College was made tuition-free. The voting age was lowered to eighteen and literacy requirements were removed. Between October 1970 and July 1971, purchasing power increased 28 percent.[2] In that year, inflation fell from 36.1 percent to 22.1 percent, while average real wages rose 22.3 percent.[3]

Like all socialist experiments, the short-term results were good. But as Margaret Thatcher would later observe, “Socialist governments…always run out of other people’s money.” Government spending increased 36 percent from 1970 to 1971.[3] The national debt soared and foreign reserves declined. Declining prices in copper, Chile’s chief export commodity, only worsened matters. Black markets in staple foods emerged as rice, beans, sugar, and flour disappeared from store shelves. The Allende government announced its intent to default on debts owed to international creditors, including foreign governments. Strikes began in 1972, to which Allende responded by nationalizing trucks to keep truckers from halting the economic life of the nation. The courts intervened and made Allende return the trucks to their owners.

By the summer of 1973, Allende’s government was ripe for overthrow. On June 29, Colonel Roberto Souper surrounded the presidential palace with a tank regiment but did not succeed in overthrowing Allende. In May and again in August, the Supreme Court of Chile complained that the Allende government was not enforcing the law. The Chamber of Deputies accused Allende of refusing to act on approved constitutional amendments that would limit his socialist plans, and called on the military to restore order. Following embarassment and public protest, General Carlos Prats resigned as defense minister and commander-in-chief of the army, being replaced in the latter post by General Augusto Pinochet. Allende accused the Congress of sedition and obstruction, and argued that the accusations were false.

The Chilean Coup

On September 11, 1973, the Chilean Navy captured Valparaiso by 7:00 a.m. They closed radio and television networks in the central coast. Allende was informed of this, and went to the presidential palace. By 8:00, the army closed most broadcast stations in the capital of Santiago, while the Air Force bombed the remaining active stations. Admiral Montero, the Navy commander and an Allende loyalist, was cut off from communication. Leadership of the Navy was transferred to Jose Toribio Merino, who worked with Pinochet and Air Force General Gustavo Leigh in the coup. The leaders of the police and detectives went to the palace with their forces to protect Allende. Allende learned the full extent of the rebellion at 8:30 but refused to resign. By 9:00, the armed forces controlled all but the city center in Santiago. The military declared that they would bomb the palace if Allende resisted. Allende gave a farewell speech, and Pinochet advanced armor and infantry toward the palace. Allende’s bodyguards fired at them with sniper rifles, and General Sergio Arellano Stark called in helicopter gunships to counter them. The palace was bombed once Air Force units arrived. At 2:30, the defenders surrendered and Allende was found dead by his own hand.

Following the coup, the military killed around 3,000 leftists and imprisoned 40,000 political enemies in the National Stadium of Chile. Ninety-seven of those killed were eliminated by the Caravan of Death, a Chilean Army death squad that flew by helicopters in October 1973. The squad, led by General Stark, would travel between prisons, ordering and carrying out executions. The victims were buried in unmarked graves. This is one origin of the meme of helicopter rides, though squads other than Stark’s were responsible for the literal act referenced, having thrown 120 civilians from helicopters into the ocean, rivers, and lakes of Chile.

Peronism in Argentina

In 1946, Juan Perón of the Labor Party became President of Argentina. The majority of the Radical Civic Union, the Socialist Party, the Communist Party, and the conservative National Autonomist Party had formed an unusual alliance against him, but lost by 10 percent. His two stated goals upon becoming President were economic independence and social justice, but he had no serious plans to achieve those goals other than to attempt to hire the right advisors and underlings while refusing to side with the US or the USSR in the Cold War. Perón was intolerant of both leftist and rightist opposition, firing more than 1,500 university faculty who opposed him[4], shuttering opposition media companies, and imprisoning or exiling dissident artists and cultural figures.

Perón’s appointees encouraged labor strikes in order to obtain reforms for workers, which aligned large business interests against the Peronists. Upper-class Argentine’s resented Perón’s reforms, feeling that they upset traditional class roles. He nationalized the central bank, the railroads, public transport, utilities, universities, and merchant marine. He created the Institute for the Promotion of Trade (IAPI), which was a state monopoly for purchasing foodstuffs for export. Average real wages rose by 35 percent from 1945 to 1949,[5] while during that same period, labor’s share of national income rose from 40 percent to 49 percent.[6] Healthcare and social security were made nearly universal during Perón’s first term. GDP expanded by over 25 percent during this time,[4] which was largely due to spending the $1.7 billion in reserves from surpluses from World War II.

The economic success of Perón’s reforms would not last. The subsidized growth led to an import wave that erased the surplus by 1948. A debt of roughly $650 million owed by Great Britain to Argentina went mostly unpaid, further complicating matters.[4] The Argentine peso was devalued 70 percent between 1948 and 1950, leading to declining imports and recession. Labor strikes began to work against Perón, who responded by expelling the organizers from the unions and calling for a constitutional reform in 1949.

Perón faced no serious opponent for his 1951 re-election campaign, despite being unable to run with his wife Eva, who had fallen ill and would die the following year. Exports fell as low as $700 million in 1952, producing a $500 million trade deficit. Divisions among Peronists grew, and many of Perón’s allies resigned. He accelerated construction projects and increased rank and pay to top generals in an effort to reduce tensions. After Eva’s death, opposition to Perón intensified. On April 15, 1953, terrorists bombed a public rally of Perón supporters, killing seven and injuring 95. He responded by asking the crowd to retaliate. They responded by burning down the Jockey Club building and the Socialist Party headquarters.

In March 1954, Perón had to replace his Vice President, and his preferred choice won in a landslide. This, combined with stabilized inflation rates, motivated him to create new economic and social policies. This brought in foreign investment from automakers FIAT, Kaiser, and Daimler-Benz, as well as from Standard Oil of California. But Perón’s legalization of divorce and prostitution turned the Roman Catholic Church against him, which excommunicated him in June 1955. Perón responded by holding a public rally, and for the second time it was bombed, this time by Navy jets that fled to Uruguay afterward. 364 people were killed, and Peronists again carried out reprisals by attacking eleven churches. This led to the coup that ousted Perón on September 16, performed by nationalist Catholics in the Army and Navy led by General Eduardo Lonardi, General Pedro E. Aramburu, and Admiral Isaac Rojas. Perón barely escaped to Paraguay.

Resistance, Return, and Repression

Shortly afterward, Peronist resistance movements began organizing among disgruntled workers. Democratic rule was partially restored, but political expression for Peronists was still suppressed, so guerrilla groups began operating in the 1960s. Early efforts were small and quickly quashed, but more successful movements formed toward the end of the decade. The Peronist Armed Forces (FAP), Marxist–Leninist-Peronist Revolutionary Armed Forces (FAR), and the Marxist–Leninist Armed Forces of Liberation (FAL) were the three major players before 1973. The FAR joined an urban group of students and intellectuals called the Montoneros, while the FAL and FAP merged into the Marxist People’s Revolutionary Army (ERP).

In 1970, the Montoneros captured and killed Pedro Eugenio Aramburu, a military leader in the 1955 coup. In a few years, such events happened on a weekly basis, as did bombings of military and police buildings. Some civilian and non-government buildings were also bombed. Juan Perón returned from exile and became President again in 1973, and sided with the right-Peronists and the government against the left-Peronists. He withdrew support of the Montoneros before his death in 1974. His widow Isabel Martinez de Perón became President after his death, and she signed a number of decrees in 1975 to empower the military and police to defeat the ERP and other such groups. The right-wing death squad known as Argentine Anticommunist Alliance emerged at this time. Isabel was ousted by a coup in 1976, and the military took power. Up to this time, leftists had killed 16,000 people in their guerrilla efforts. The United States government financially backed the Argentine military, while the Cuban government backed the left-wing terror groups.

The juntas that held power between 1976 and 1983 repressed leftist dissidents, being responsible for arresting, torturing, and/or killing between 7,000 and 30,000 people. Many were Montoneros and ERP combatants, but others were civilians, students, left-wing activists, journalists, intellectuals, and labor organizers. Some of those executed were thrown from airplanes to their deaths in the Atlantic Ocean, providing another basis for the meme of helicopter rides. The worst repression reportedly occurred in 1977, after the guerrillas were largely defeated. The junta justified its action by exaggerating the threat and staging attacks to be blamed on guerrillas.

The “National Reorganization Process,” as it was called, failed in its efforts to suppress the left. As the roundup was overbroad, it sowed resentment. Some of those arrested had done nothing other than witness others being arrested in public places. Severe economic problems only added to civil unrest. The military tried to regain popularity by occupying the Falkland Islands, but their defeat by Britain in the Falklands War led them to step aside in disgrace and restore democracy.

Aftermath in Chile

In Chile, Pinochet remained in power until 1990. His 1980 constitution remains in effect, though significantly amended in 1989 and 2005 and slightly amended on eleven other occasions. In the 1990 elections, a coalition of democratic and socialist parties with the Christian Democrat Patricio Aylwin at the head was successful. Eduardo Frei Ruiz-Tagle, the son of Allende’s predecessor, led the coalition from 1994 to 2000. The Socialist Party and Party for Democracy led the coalition from 2000 to 2010. The center-right National Renewal won in 2010, but the Socialist Party regained power in 2014.

During Pinochet’s rule, Chicago School economists influenced the regime to adopt free market policies. Despite the prevalence of leftists in power since Pinochet’s rule ended, many of his economic reforms have remained in place and the economy is among the freest in the world. Aylwin and Ruiz-Tagle increased spending on social programs and reformed taxes, but avoided radical changes. Chile managed to avoid serious impact from the Mexican peso crisis of 1994 by using capital controls.

Aftermath in Argentina

In Argentina, voters elected Raul Alfonsin of the center-left Radical Civic Union once democracy was restored in 1983. He both created a commission to investigate forced disappearances and passed an amnesty law that stopped the investigations until 2005. His administration was unstable due to friction with the military and economic issues, leaving office early to let Peronist candidate Carlos Menem take office early after winning in 1989. Though he privatized many industries that Perón nationalized, he expanded both executive power and the role of the state in the economy. He won again in 1995, but the Radical Civic Union was growing and a new alliance called FrePaSo formed. By 1999, all three major parties supported free market economics. UCR and FrePaSo allied behind Fernando de la Rua to defeat Peronist Eduardo Duhalde. After some resignations and turmoil, Duhalde would get his chance in 2002. He managed to bring inflation under control, then called for elections in 2003. This brought another Peronist, Nestor Kirchner, to power. He overturned the 1986 amnesty for members of the military dictatorship and oversaw a strong economic recovery. His wife, Cristina Fernandez de Kirchner, took over in 2007. She distanced herself from traditional Peronism after Nestor’s death in 2010, favoring instead the La Campora movement that reveres the Montoneros guerrilla group. In 2015, her party lost to Mauricio Macri and his Republican Proposal party, which was allied with the Radical Civic Union.

The governments from the 1930s to the 1970s used import substitution to increase industrial growth, but this came at the expense of agricultural production. Import substitution was ended in 1976, but growth in government spending, inefficient production, and rising national debt led to inflation problems in the 1980s. The government responded to inflation in the 1990s by auctioning state-owned companies and pegging the Argentine peso to the US dollar. De la Rua followed an IMF-sponsored economic plan to deal with the government budget deficit, but an economic collapse occurred at the end of 2001. The peso was devalued again, and recovery occurred by 2005. A judicial ruling in 2012 led to a selective default in 2014 that was resolved in 2016.

Contemporary Application

Now that the context from which the meme of helicopter rides emerges is understood, we may consider its potential application against contemporary leftist rulers and agitators. Helicopter rides for political enemies are a form of ultraviolence, which is the use of force in an excessive and brutal manner as a public display to make an example out of a particular person or group. This is done for the purpose of establishing dominance and suppressing rivals within a territory, from which peace and order may follow. Utilized correctly, this will break the spirit of resistance movements and solidify one’s hold on power, which will prevent further death and destruction that would otherwise occur from terrorism and civil war. If misused, whether by subjecting overbroad numbers of people to cruel punishment or by utilizing methods that the population deems to be completely beyond the pale, ultraviolence will create resentment that will resurface later as another, stronger resistance movement. Misuse will also have a negative psychological impact on the perpetrators, causing them to lose their humanity through the commission of needless atrocities.

The above examples of Chile and Argentina suggest that ultraviolence by rightists against leftists appears to be insufficient to counter the leftward slide that naturally occurs in politics over time. One possible reason for this is that a continual march leftward is the political variant of entropy, the physical process by which the universe becomes increasingly disordered and chaotic over time. If so, this would explain why all great civilizations eventually fall and all attempts by right-wing movements to use the state to advance their agendas fail to produce lasting change. Another potential explanation is that the state is an inherently leftist institution, in that the nature of the state is to allow some people to do with impunity that which would be considered criminal if anyone else behaved identically, and the nature of the left is to disrespect individual rights in favor of their view of the collective good. This meshes well with Robert Conquest’s second law of politics; any organization not explicitly right-wing sooner or later becomes left-wing. A third explanation is that power does what it wants due to its inherent lack of accountability, meaning that a military junta has no real incentive to limit its removal of leftists to those whom have actually committed crimes. Thus, the use of helicopter rides naturally becomes overbroad when coupled with the state, and the distrust and resentment that fuels a revolution against the military government naturally follow.

Many alt-rightists who suggest the use of helicopter rides to eliminate their political rivals do not understand the above context with sufficient clarity. This leads them to long for the day when they get to pilot a massive fleet of helicopters that drops their enemies from staggering heights. For their stated goals, helicopter rides are a tool not fit for purpose, as the cost of helicopters, fuel, and pilots far exceeds that of other methods of physical removal. Helicopter rides as historically practiced also fail at performing ultraviolence, as rumors of helicopter rides pale in comparison to theatrical executions carried out in the public square on live television. The obvious retort that the victims should be dropped onto a hard surface in the public square is likely to fail by being too gruesome for the public to stomach. And ultimately, no matter how many leftists are killed, their ideas and the state apparatus to implement them remain. Overall, the alt-right approach fails because its adherents seek to use the ultimate enemy (the state) against the proximate enemy (the left) without any intention or plan to eliminate the ultimate enemy afterward, which results in long-term losses for short-term gains.

Moral Issues

While the alt-right seeks to misuse the practice of helicopter rides, libertarians and leftists tend to decry the idea as mass murder. The leftists will typically assert that the use of deadly force against someone who does not pose a deadly threat at the moment is murder. But the immediate danger doctrine, as it is known in legal circles, is a standard used by the state to perpetuate itself by creating an artificial demand for its functions of legislation, security, criminal justice, and dispute resolution while rendering the population dependent and irresponsible. Such a standard is not provable from first principles and is clearly at odds with libertarian theory on the use of force.

Libertarian theory allows one to use any amount of force necessary to not only defend oneself against aggressors, but to make people who refuse to perform restitution do so, to stop people who recklessly endanger bystanders, to reclaim stolen property, and to eliminate crime bosses and other unrepentant aggressors. While this does not allow for the full extent of the helicopter rides given by the militaries of Chile and Argentina, it can allow for statists who held power and those who carried out certain acts of aggression on their orders to be executed. Of course, rightists who wield state power (or libertarians who wield private power) in an overzealous manner against leftists would also be legitimate targets for helicopter rides if they kill people who have not committed crimes worthy of death.

A more appropriate libertarian use of helicopters is not to execute anti-libertarians by throwing them out, but to transport them out of a libertarian-controlled territory and warn them not to return. Exile and ostracism, after all, are perfectly legitimate exercises of property rights and freedom of association. Furthermore, removing people who advocate against the norms of a libertarian social order from a libertarian community is a necessary preservation mechanism, but such removal need not be fatal unless all reasonable efforts that do not involve deadly force have been tried without success.

Conclusion

There is a rich historical context behind the idea of helicopter rides for leftist agitators. Unfortunately, most modern advocates of such methods do not understand this context, which leads them to make recommendations which do not align with reality. Though leftists and some libertarians decry all uses of helicopter rides as murder, there are cases in which such acts are morally justifiable.

References:

  1. Collier, Simon; Sater, William F. (2004). A History of Chile, 1808–2002. Cambridge University Press.
  2. Zipper, Ricardo Israel (1989). Politics and Ideology in Allende’s Chile. Arizona State University, Center for Latin American Studies.
  3. Larrain, Felipe; Meller, Patricio (1991). The Socialist-Populist Chilean Experience, 1970-1973. University of Chicago Press.
  4. Rock, David (1987). Argentina, 1516–1982. University of California Press.
  5. Dufty, Norman Francis (1969). The Sociology of the Blue-collar Worker. E.J. Brill Publishing.
  6. Dornbusch, Rüdiger; Edwards, Sebastian (1991). The Macroeconomics of populism in Latin America. University of Chicago Press.

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.