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.

Thirteen Observations on Events in Charlottesville

On the weekend of August 12, 2017, various activist groups came together in Charlottesville, Va. for the Unite the Right rally organized by James Kessler and Richard Spencer. A torch-lit march to the statue of Robert E. Lee on the University of Virginia campus took place on the night of August 11. This resulted in clashes between alt-right and Antifa demonstrators, which the alt-right won. The next day, the mayor of Charlottesville illegally shut down the rally. Violence then ensued between alt-right and Antifa, which culminated in a car crashing into leftist protesters, killing one and injuring 19. Two police officers also died in a helicopter crash after monitoring the events. Thirteen observations on these events follow.

1. Permits are not worth the paper on which they are printed. One week before the event, Charlottesville mayor Michael Signer and vice-mayor Wes Bellamy illegally revoked Kessler’s permit. The ACLU took the case before a judge, arguing that civil liberties were being tread upon and that the city was not allowed to stop the march. Kessler and Spencer won a legal injunction, and the city of Charlottesville was legally responsible for enforcing it and providing protection for the rally. If the Charlottesville police had formed a line to separate the alt-right from Antifa, as was done in Pikeville on April 29, it is unlikely that most of the violence would have occurred. But Mayor Signer failed to uphold the court injunction and protect the rally. Instead, he illegally revoked the permit and sent police in riot gear to declare the rally an unlawful assembly and disperse it. Several participants were attacked by riot police, while Antifa attacked other participants. Not only this, but Mayor Signer issued a stand-down order to the police after the alt-right gathering was forcibly dispersed. This left the alt-right and Antifa to battle in the streets. Virginia governor Terry McAuliffe then declared a state of emergency and deployed the National Guard, after which the car crash and helicopter crash occurred, among more violence. If this is the result of trying to go through legal channels, then there is no point in doing so.

2. Unscheduled, spontaneous events are more effective for right-wing activism. Given the above result, going through the legal process to get permits and police protection is actually counterproductive. In fact, it is tantamount to a general handing his battle plans to the enemy. There was only token opposition from Antifa and no real interference from state agents during the torch march, and this was partly because it was not announced or planned ahead of time as an official event. All right-wing and libertarian activists would do well to be more spontaneous in future to keep leftists and politicians from having the intelligence necessary to attack and shut down activities.

3. Public property is an oxymoron. Property is an object external to a person’s physical body in which that person has acquired an ownership right through mixing one’s labor with unowned natural resources, trading, or inheritance. Ownership is a synonym for a right to exclusive control, and this requires either an individual owner or a collective that is in full agreement as to the use of the property. What is called ‘public property’ in a statist society is really state-occupied property that is set aside for state-approved common use. No one truly owns such property because no individual or fully agreeing collective exercises exclusive control over it. This leaves it open not only to use by groups of people who are at cross purposes with each other, but to an occupation by one group for the purpose of denying access to another group.

4. Coordinating with state agents is a tactical mistake. Though many rank-and-file state agents are sympathetic to various right-wing and/or libertarian causes, their commanding officers tend to be progressive leftists. When the order comes from above to shut down right-wing events or avoid suppressing communist rioters, they almost invariably choose to obey such orders rather than resign en masse to provide private defense or disobey their orders in order to perform their jobs as they normally would. This should tell the organizers of right-wing events in no uncertain terms that government police are not ultimately on their side.

5. The torches and some of the chants during the march provided terrible optics. When the average American sees a mass of people carrying torches, it makes them think of the Ku Klux Klan and all of the terrorist activity its members have perpetrated over the years. When the same people are chanting “blood and soil,” an English translation of the Nazi phrase “Blut und Boden,” and “Jews will not replace us” while carrying flags of a power that the United States waged war against, it causes a neutral observer to view them as alien enemies. These associations are not entirely inaccurate, as both neo-Nazis and Klansmen participated in the event. Though some critics of such a demonstration would never be satisfied (see observation #8), and some alt-righters would claim that they might as well act the part if they will be accused of Nazism anyway, marginal observers who could be swayed one way or another would be far more sympathetic to a candlelight vigil rather than a torch-wielding procession, a lack of Roman salutes, phrases which do not make anti-Semitic references, and a lack of Nazi and Klan flags.

6. Terry McAuliffe, Michael Singer, and Wes Bellamy wanted violence. They used the Charlottesville police and the National Guard to bring alt-right and Antifa groups together, then ordered them to stand down while the two groups fought. Previous incidents, such as the Battle of Berkeley, clearly demonstrated that these two groups cannot be in close proximity without violence erupting between them. Though the idea that the governor, mayor, and vice-mayor actually wanted a violent conflict on the streets of Charlottesville is a very cynical explanation, it fits best with the facts of the case.

7. Though the results were terrible, James Fields may have acted in self-defense. According to the establishment press, Fields engaged in domestic terrorism by intentionally running over leftist counter-protesters. His history of psychiatric problems and violent behavior does not help his case. But the press seems intent on ignoring two videos which support a much different chain of events. The first shows someone striking the car with what appears to be a baseball bat. The sound of the bat impacting the car is heard, followed by the sound of the car engine. The car quickly accelerates, crashing into other vehicles and the crowd that was blocking traffic by standing in the street. The second video thoroughly examines the chain of events, freezing at multiple points to point out a bicyclist on the sidewalk behaving normally, the car being operated at appropriate speeds, the strike by the apparent baseball bat, an attempt by Fields to brake and change direction, and finally Fields flooring the accelerator to escape a mob of people closing in on him.

8. It is impossible to appease the left without submitting to the left. President Donald Trump spoke on the events on the afternoon of August 12, saying in part,

“We condemn in the strongest possible terms this egregious display of hatred, bigotry and violence on many sides, on many sides. It’s been going on for a long time in our country. Not Donald Trump, not Barack Obama, this has been going on for a long, long time. It has no place in America. What is vital now is a swift restoration of law and order and the protection of innocent lives. No citizen should ever fear for their safety and security in our society. And no child should ever be afraid to go outside and play or be with their parents and have a good time.”

That Trump accurately pointed to violence from “many sides” rather than just white nationalists set off a media firestorm, with pundits, Democrats, and establishment Republicans alike rushing to virtue signal against Trump and the alt-right. On August 14, he said in part,

“As I said on Saturday, we condemn in the strongest possible terms this egregious display of bigotry, hatred, and violence. It has no place in America. And as I have said many times before, no matter the color of our skin, we all live under the same laws; we all salute the same great flag; and we are all made by the same almighty God. We must love each other, show affection for each other, and unite together in condemnation of hatred, bigotry, and violence. We must discover the bonds of love and loyalty that bring us together as Americans. Racism is evil, and those who cause violence in its name are criminals and thugs, including the KKK, neo-Nazis, white supremacists, and other hate groups that are repugnant to everything we hold dear as Americans. We are a nation founded on the truth that all of us are created equal. We are equal in the eyes of our creator, we are equal under the law, and we are equal under our constitution. Those who spread violence in the name of bigotry strike at the very core of America.”

This did not satisfy Trump’s leftist critics in the media or either major party, nor would it, for this is not how leftists operate. As Vox Day writes in SJWs Always Lie,

“Do not say you are sorry if anyone’s feelings were hurt, do not express regret, remorse, or contrition, do not say anything that can be taken as an apology in any way. Just in case I am not being sufficiently clear, do not apologize! Normal people seek apologies because they want to know that you feel bad about what you have done and that you will at least attempt to avoid doing it again in the future. When SJWs push you for an apology after pointing-and-shrieking at you, what they are seeking is a confession to bolster their indictment. They are like the police down at the station with a suspect in the interrogation room, badgering him to confess to the crime. And like all too many police these days, the SJWs don’t really care if you did it or not, they’re just looking for a confession that they can take to the prosecutor. Be aware that once they have launched an attack on you, they will press you hard for an apology and repeatedly imply that if you will just apologize, all will be forgiven. Do not be fooled! I have seen people fall for it time and time again, and the result is always the same. The SJWs are simply looking for a public confession that will confirm their accusations, give them PR cover, and provide them with the ammunition required to discredit and disemploy you. Apologizing will accomplish nothing more than hand them the very weapons they require to destroy you.”

Trump eventually showed some understanding of this concept, returning to his earlier statements when questioned by the media again on August 15. He also elevated the term ‘alt-left’ to prominence to refer to Antifa and other violent left-wing groups. But a stronger intellect would have resisted the urge to punch right while kowtowing to SJWs on August 14.

9. The mainstream press serves the establishment and mammon at the expense of truth. The news coverage of what happened in Charlottesville was perhaps more worthy of the term lügenpresse than anything in recent memory. Even though there appears to be exculpatory evidence for James Fields, the establishment press was determined to advance the narrative that he had intentionally planned an ISIS-style terrorist attack with his car. They have done all they could to portray everyone on the alt-right side as a racist terrorist, while tacitly supporting the communist terror group Antifa. They have done their best to portray anyone affiliated with Donald Trump in any way, real or imagined, as a white supremacist equal to the worst elements present in Charlottesville. Compare this to the response when a Muslim perpetrates a terrorist attack; the act is said to be independent of Islam itself and the focus is turned to anti-Muslim hate crimes. Never would the establishment press equate everyone affiliated with Islam to a terrorist, or investigate anti-white hate crimes.

The simplest explanation for the behavior of the establishment press is the desire for money and power. As long as they give the party line like good Soviet-era apparatchiks, they can enjoy a comfortable life of repeating state propaganda and running advertisements for large corporations whose leadership marches in lockstep with the political establishment while not performing any authentic journalism. Should they deviate from this, they will lose access to important political sources and events. As for the chaos, they thrive on it and hope for more, as it drives traffic to their programming and revenue to their bank accounts.

10. Ignoring the legitimate grievances of the alt-right will not work. Despite the lies of the establishment press, not everyone at Unite The Right was a Klansman or Nazi. Some attendees were simply concerned about the potential removal of historical monuments that reflect their heritage, the demographic shift toward a white minority in a democratic system, an economic system which threw them overboard decades ago, and the rise of identity politics among women and non-whites following decades of leftist agitation. Ignoring and suppressing the concerns of the alt-right will not be any more effective than any other form of prohibition; as has followed other prohibition efforts throughout history, the prohibited behavior will then manifest in a manner that is less open and more violent. Furthermore, when people feel that they have no exit and that no one will listen to their voices, their only remaining option is to revolt.

11. Democracy does not receive enough blame for heated rhetoric and political violence. Though it is important to deal with proximate causes and understand the nuances of a particular case, it is also important to address the ultimate sources of problems. One such root is democracy itself. Democracy replaces the theoretical Hobbesian war of all against all with an actual civil war of half against half, and it is only a matter of time before this cold war flares up. Rulers intentionally create such a system in order to manufacture perpetual conflict in society, which keeps the masses fighting amongst themselves so that they do not join together to overthrow the ruling class. Because a democratic system grants each citizen who is eligible to vote a small piece of political power, each person can—at least in theory—mobilize other people into a voting bloc to advance a political agenda that would use state power in a manner hostile to another group of people. This makes each politically active person an unofficial soldier in the aforementioned democratic war, and thus a target for various abuses by the other side. It is this dynamic that produces the degeneration of political discourse into physical violence. Though there will always be some level of societal conflict, removing such a disastrous generator of malignant incentives as political democracy can only be a net improvement.

12. The only solution to the problem of the commons is to eliminate the commons. As long the fiction of public property persists, groups will continue to fight over control of it. If all property in the Charlottesville area were privately owned, then the statue of General Lee would be on the property of someone who wants it to be there, and anyone taking action to remove it would be guilty of trespassing and vandalism. If the UVA campus and the roads in Charlottesville were privately owned, then their owners could decide which people to allow and trespass the others. There is a fundamental philosophical error at work, in that the state exercises monopoly control over certain spaces in the name of preventing monopoly control over those spaces. Until this error is resolved by eliminating the commons through returning common spaces to private ownership, conflicts over who gets to use the commons and when they get to use them will continue to occur.

13. Matters will only escalate from here. Because the problems outlined in observations #1, #3, #5, #6, #9, #10, #11, and #12 are unlikely to be addressed and resolved by the appropriate parties, violent conflicts will escalate in frequency and intensity. In fact, many local government leaders across the United States and social media companies have proceeded to do the opposite, seeking to de-platform prominent alt-right members and remove more Confederate statues. Unfortunately, the escalation of hostilities is a necessary development because humans tend not to do what is necessary to solve difficult problems until they run out of other options.

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.

The Definition and Role of Degeneracy

The formation and maintenance of a stable social order requires widespread recognition and respect of the first principle of self-ownership, as well as its direct corollaries of non-aggression and private property rights. Although these three ideas are necessary, they are not sufficient for describing how people should behave in order to preserve such a social order against both internal decline and foreign conquest. It is in the discussion of proper behavior beyond the basics of libertarian theory that the right-libertarian in general and the libertarian reactionary in particular will use the term ‘degeneracy.’ This term and the concepts it represents are effective and powerful when utilized correctly, but many right-libertarians do not do this. Instead, they use the term as a snarl word to signal against and denounce particular behaviors, as well as insult the people who engage in those behaviors. Though this may have beneficial effects, it is not nearly as potent as a proper explanation and denunciation of harmful behaviors. Thus, it is necessary to synthesize a useful definition of degeneracy. Once this is done, we will explore the nuances of our definition and apply it to relevant situations and behaviors.

Defining Terms

Though dictionaries are rarely capable of providing the full understanding of a word, they are an excellent place to start. Merriam-Webster defines degeneracy as “sexual perversion” and degenerate as “having declined or become less specialized (as in nature, character, structure, or function) from an ancestral or former state,” “having sunk to a lower and usually corrupt and vicious state,” “one degraded from the normal moral standard,” and “having low moral standards; not honest, proper, or good.” From here, we get a sense of degeneracy as immorality, which entails corruption of good into evil, decline from greatness, lack of virtue, and loss of capability. Thus, the opposite of degeneracy encompasses the maintenance of good against evil, the restoration of greatness, the presence of virtue, and the growth of capability. These are the essential features of a stable social order, more simply known as civilization. Therefore, we may also define degeneracy as “that which is not conducive to civilization.”

Though the above definition is thought-provoking and superficially correct, it is lacking in nuance and depth. As such, it is necessary to unpack each part of the definition of degeneracy and define some of the terms used in the definition in order to better understand the concept. Let us do this now.

Sexual Immorality

Sexual perversion may appear to stand apart from the other aspects of degeneracy described above, but in many cases, it is at the root of all of them. Understanding degeneracy as “that which is not conducive to civilization” and strong family units as the building blocks of civilization, the role of sexual perversion becomes clear. Activities which prevent, replace, destroy, or otherwise interfere with healthy relationships between mating couples threaten the formation of new family units as well as the health of existing families. These include (but are not limited to) fornication, excessive masturbation, homosexuality, pedophilia, bestiality, spousal abuse, adultery, and no-fault divorce.

The former five behaviors prevent the intimate relationship between husband and wife by replacing it with something else; a premarital relationship, a self-indulgence, a same-sex relationship, a relationship with a child, and a relationship with a member of another species, respectively. The result of these behaviors is that less family units will form, which in turn leads to lesser quantity of offspring and a less healthy environment for the offspring that are produced. If these behaviors become sufficiently widespread, the next generation will be too small to replace the previous generation. Such a society cannot sustain itself and will either be demographically replaced or suffer a collapse. Furthermore, the acceptance of such behaviors in public presents a signalling hazard for heterosexuals, who need to be able to have close relationships with other people without being mistaken for the aforementioned deviants. The widespread acceptance of such deviancy weakens the bonds that are necessary for building a strong community.

The latter three behaviors destroy or otherwise interfere with a healthy bond between husband and wife. Spousal abuse does this by introducing physical harm, while adultery does this by introducing emotional harm and by weakening trust. Finally, no-fault divorce allows couples to dissolve their bonds too easily rather than keeping their commitments to each other and supporting each other during times of hardship. The result of these behaviors is that the family units that form will be less likely to survive, leaving children to deal with the damage, choose sides between their parents, and wonder if they are to blame for the misdeeds of their parents. The children raised in broken homes are more likely to commit crimes, be less productive, and engage in the degenerate behaviors that they witnessed while growing up.

Other Low Standards

The second aspect of degeneracy to consider is low moral standards beyond sexual immorality. This produces a lack of honesty, propriety, and goodness, which in turn produces corruption and viciousness. Dishonesty, when practiced against people who are not committing acts of aggression, usually constitutes fraud. Though some libertarians restrict their consideration of force to physical violence, there is no logical justification for this. In practice, widespread dishonesty will both overburden the dispute resolution mechanisms of a society as well as reduce the level of trust in those institutions to act impartially. Thus, interpersonal violence and other such vigilantism will increasingly become the preferred method of arbitration. The end result is a breakdown of social order.

A lack of goodness refers to a complete lack of concern for one’s fellow human beings for the purpose of this discussion. While a welfare state invariably devolves into its own form of degeneracy through the subsidization of bad behavior and inferior people, a free society may venture too far in the other direction, practicing complete selfishness and financial narcissism rather than a rational thought process for determining which people are worthy of assistance. It is precisely this lack of goodness, combined with the general unwillingness to physically remove problematic people, that creates the conditions for welfare statist demagogues to step in and seduce the masses with their lies. Though such demagogues may themselves be physically removed from a libertarian social order, one cannot physically remove an idea, and the idea of forced redistribution of property will linger in the minds of the disaffected until they act upon it. There is thus a stark choice between private charity, welfare statism, or bloodshed, and the maintenance of a libertarian social order requires that people make the correct choice.

In this case, impropriety refers to rude behavior that does not rise to the level of aggression, dishonesty, or selfishness. This includes everything from excessive profanity to the violation of cultural mores and taboos solely for the sake of doing so. When people use profanity excessively, it can turn off people who would otherwise be receptive to one’s message by conveying the appearance that one is uneducated, undignified, perpetually angry, and generally unfit to be considered as a worthy intellectual. Similarly, if people come to associate libertarianism or reaction with behavior which is transgressive without purpose, then they will recoil against them and turn toward their better-behaved political rivals. (And are not reactionaries supposed to be against such activism as a matter of principle?) Additionally, a successful social order requires the positive establishment and observance of good cultural norms more than revolt against bad ones. After all, those who have nothing to stand for can fall for almost anything.

Degeneracy As A Process

A third aspect of degeneracy is the corruption of good into evil. The above examples mostly describe end states, but degeneracy in practice is a process. One does not typically become degenerate overnight; instead, vices which may be fun or even beneficial in small amounts come to play an ever greater role in one’s life, such that they ruin one’s physical, mental, and spiritual health. This occurs in several stages, which are generally described as introduction, experimentation, regular use, problem or risky use, dependence, and mental disease. The latter three categories may always be described as degenerate, as it is here that harm always outweighs benefit and widespread use would not be conducive to civilization. However, some behaviors have no benefit that outweighs their harm, so regular use, experimentation, and even introduction may be degenerate in some cases.

At this point, it is necessary to make an important observation. Due to the differences in genetics and life experiences between both individuals and population groups, there are some activities which are on the margins between degeneracy and benign behavior. For three examples, a person with an unpleasant family life is more likely to advance from occasional drug use to substance dependence. A person who is genetically predisposed to chase after losses rather than accept them is more likely to become a problem gambler. A population group that adapted to a long-term r-selective environment is less likely to suffer ill effects from weaker family units than a population group that adapted to a long-term K-selective environment. In sum, that which constitutes degeneracy for some may not constitute degeneracy for others. But there exist some behaviors which are degenerate for all, as there are some activities for which there is no safe or beneficial level of participation.

Economic Decline

Finally, degeneracy may be understood in a economic sense. The result of the above forms of degeneracy leaves people unable to function as well as they otherwise could. In an advanced society, the division of labor is necessary because no one can gain the amount of knowledge necessary to be a master of all trades. This means that a worker must become more skilled and more specialized than in a primitive society. The effects of degenerate behavior upon one’s health make one less capable of thinking at a high level and performing skilled labor. The longevity of a person’s working career will also be negatively impacted. As discussed earlier, children raised outside of traditional family structures are less likely to do well in school and work. Dishonesty manifests in the economy as fraud, whether by lying on resumes, misrepresenting one’s goods and services, or simply failing to perform the job that one is hired to do. Lack of goodness has a similar effect, as capitalism will degenerate into the service of greed if the people using capitalism have no motivation to use it to help others. Finally, impropriety leads to a lack of professional etiquette toward customers as well as needless tensions within the workplace. The practical result of widespread degenerate behavior on the economy is thus an overall economic decline.

Conclusion

The basics of self-ownership, non-aggression, and private property are necessary for the creation and maintenance of a libertarian social order, but they are not sufficient. The concept of degeneracy supplements these basics by providing an understanding of the behaviors which must be minimized in order to prevent the decay of a libertarian social order back into statism. Though a libertarian must recognize the right of a person to do oneself wrong, toleration should not equal acceptance or encouragement, and the failure to acknowledge group interests is a sign of political autism. Furthermore, even with the absence of public property, there will still be such a thing as “in public” because there will still be spaces that function as commons for the purpose of social interaction. The traditional solution of disallowing deviancy in these spaces will solve many of the problems that weaken the bonds between people, which are the building blocks of a stable social order.

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.

A Case Against the Eleventh Amendment

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

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

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

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

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

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

Procedural Problems

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

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

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

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

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

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

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

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

Problems With Sovereign Immunity

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

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

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

Objections

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

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

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

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

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

Conclusion

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

A Perversion Of Service

Every year on Memorial Day, people visit cemeteries and go to parades in honor of those who died while serving in a government military. Those still serving in these militaries travel down roads normally reserved for civilian use, and the people that these military personnel ultimately oppress celebrate this fact. Meanwhile, politicians and the establishment press take the opportunity that a day devoted to deceased military personnel presents to promote statist propaganda concerning the nature of service and the provision of defense. The general structure of their propaganda narrative is as follows:

  1. We have freedom.
  2. Freedom and the rights associated with it are granted by the Constitution, the state, etc.
  3. Freedom is not free. This is because it is valuable, and valuables will be stolen by thieves and destroyed by conquerors if they are not defended.
  4. The state provides defense of freedom, and is the only means by which such defense can be provided.
  5. A society should revere its protectors, for they perform the functions that allow everyone else to do what they do in peace.
  6. Because of (4), government military personnel are those protectors.
  7. Because of (4), (5), and (6), people should revere the state in general and its military personnel in particular.
  8. Laying down one’s life to protect others is the highest cost that one can pay.
  9. Because of (4), (5), (6), and (8), those who die in military service should receive the highest honor.

Of course, like any effective propaganda, this narrative is a mixture of lies and truth. After all, a complete lie is easy to spot, while a lie wrapped in truth that has gone unchallenged by empirical examples for centuries is well camouflaged. The best way to counter this narrative is to challenge it on a point-by-point basis, examining each aspect and the connections between them for logical fallacies. Let us do this now.

Freedom

First, the statist asserts that we have freedom. Attempts to define freedom are rarely made by those who invoke it in this sense, for to do so would undermine their case irrevocably. However, we may proceed with the dictionary definitions of “the absence of necessity, coercion, or constraint in choice or action,” “the power or right to act, speak, or think as one wants,” “absence of subjection to foreign domination or despotic government,” and “the state of not being imprisoned or enslaved.” In the presence of the state, none of these are possible. The state is a group of people who exercise a monopoly on initiatory force within a geographical area. When people initiate the use of force, they are imposing necessity, coercion, and constraint in choice or action upon their victims. The laws that government agents create and enforce infringe upon the right to act, speak, or think as one wants by punishing behaviors which do not aggress against any person or property. Though the state does occasionally prevent foreign domination, it does this with less efficiency and effectiveness than could private defense forces, and states tend to become more despotic over time. The state imprisons and enslaves millions of people. Those who are left somewhat free are not in such a condition for their own benefit and flourishing, but because it produces superior results from the perspective of human livestock management. That we cannot have freedom under current conditions puts the entire narrative in jeopardy, but let us continue our examination.

Rights

The claim that rights are either a grant from a government or are protected by a government is the second step in the narrative. Leftists favor the former position and rightists favor the latter, but both can easily be shown to be in error. A right is defined as “something to which one has a just claim,” “a moral or legal entitlement to have or do something,” and “the sovereignty to act without the permission of others.” Whether or not a claim is just is independent of whether a government is present. Statists may contend that the absence of government means that there is no final arbiter of the justness of a claim, but there is no such thing as a final arbiter of disputes. Regardless, the truth value of a claim is independent of whether anyone recognizes its truth value, or even whether anyone exists to recognize its truth value. A moral entitlement to have or do something must be argued from first principles; it cannot be granted by a government. A legal entitlement may be granted by a government, but only because a government has forcefully suppressed any competing providers of law and order within its claimed territory. A state apparatus, by its very nature, infringes upon the sovereignty of its subjects to act without its permission through its legislation and enforcement mechanisms.

Moreover, the belief that rights must involve the state occurs because the state has corrupted the meaning of rights. Rights are supposed to be exercised through one’s own action without conferring any positive obligation onto someone else, but statists use the word to refer to a claim upon someone else’s life, property, and/or labor. These so-called “positive rights” are invalid because the state violates the negative rights of other people who are forced to provide for these positive rights.

Loss Prevention

That freedom is valuable, and thus vulnerable to destruction and theft if left undefended is true. But there is a non sequitur fallacy between this step and the belief that the state is necessary for the provision of such defense. In fact, the truth is just the opposite. Besides being the primary culprit behind the destruction of freedom, the state cannot possibly provide for the defense of freedom. As a compulsory monopolist of protection, the state charges what it wishes and uses force to prevent anyone from hiring a competing provider, going into business for oneself, or doing without. A threatening protector is a contradiction of terms, which in any context not involving the state would be appropriately recognized as a protection racket. Again, whatever benefit the state provides is done not to serve the people, but to serve itself. To whatever extent the state enjoys defense, its subjects are imperiled, for whatever means of defense the state has constitute potential means of offense against the people.

Reverence

That a society should revere its protectors is true. The problem comes with the belief that government personnel are the protectors of society. As shown previously, the state cannot provide defense for the people because it is a continuous threat against the people. Since the state is composed of people, it follows that those people cannot be responsible for defense in any absolute sense. They can only defend against other potential sources of exploitation so that the state may have a monopoly over the exploitation of the people. As such, reverence for the state in general and its military personnel in particular is misplaced unless it truly is the least of the evils. Fortunately, this is not the case.

Admittedly, there are no empirical examples of a free market of private military companies providing military defense services in lieu of a government military. A major reason for this is that governments will use as much force as necessary to keep such an idea from being tested, as its success would doom the state by depriving it of its most essential monopoly. Without a monopoly on military force, the state would cease to exist, as the response of the people to its taxes and laws would be to point military-grade weapons at its agents and tell them to stand down or be fired upon. That they are so fearful of such an attempt being successful indicates that even they believe it can work, and if anyone should have the deep knowledge necessary to make such an assessment at present, it should be them.

Without empirical examples, we must logically deduce our way through. The presence of a monopoly with involuntary customers necessarily leads to inferior quality of service and higher costs, as the monopolists need not provide superior quality of service and/or lower cost of service vis-à-vis a competitor. The opening of provision of military defense to a free market of competing service providers must therefore lead to an increase of efficiency, which in practice means superior quality of service and/or lower cost of service. There is no reason why the market should fail to provide a service that is strongly desired by everyone for everyone (except for a few criminals, who want it for themselves but not for their victims), to the point that most people will tolerate the oppressions of statism just to obtain a counterfeit version of it.

The most common criticisms of competing private defense companies are that they will fight each other, that they will lead to rule by warlords, and that they will become a new monopoly on force. Rule by warlords and monopoly on force describe the situation under statism, so if the worst-case scenario is that eliminating government militaries just gets us another government military, all other cases must turn out better than this, making these into powerful arguments in favor of privatizing military defense.

This leaves the concern that the private service providers will fight each other. We must recognize that the current service providers do fight each other, which caused roughly 100 million deaths in the 20th century. As such, the bar of service quality that private military defense providers must exceed is set quite low. Fortunately, private military defense providers would be limited in ways that government militaries are not. A private service provider must bear the cost of its own decisions, and engaging in aggressive wars is more expensive than defensive actions only. A company that sells war is thus at an economic disadvantage against a company that sells peace. Without the government monopoly on legal services granting immunity to private soldiers as it does to government soldiers, the private soldiers would be subject to the criminal punishments made prevalent by the private defense forces in the area in question in addition to vigilantism by individuals. The agencies that decide to fight also must take care not to damage or travel on ground held by customers of other agencies, as this would be considered trespassing, and a trespasser with an intent to murder others in a war is a trespasser who may be killed in self-defense. Thus one could expect to see every private property owner not involved with the warring agencies taking actions to destroy both sides of the conflict whenever they occupy land that is not owned by their customers. With no state to forbid ownership of certain types of weapons, the private property owners would be much more capable of stopping military hardware than they are now. There is no guarantee against such a fight, but there are enough incentives working against it to consider it a remote possibility.

Given the superiority of private defense markets compared to government militaries, the state is not the best option. Thus, we may put aside feelings of reverence for it and its military personnel.

Sacrifice and Honor

It is true that one’s life is the highest cost that one can pay, and that laying it down in defense of family and friends is the greatest sacrificial love that one can display. It does not follow that those who die while serving in a government military have done this. Many people volunteer for military service because they believe that this is what they are volunteering to do. Unfortunately, despite their best intentions, this is not the true nature of their actions. Contrary to statist propaganda, the state does not work for the people, for if this were the case, then the people would be free to fire the state, cease paying for it, and either hire someone else, go into business for themselves, or try to do without. Because the state does not work for the people or, as shown previously, provide defense for the people, those who die in its service are not due the honor of those who lay down their lives to defend others.

It must be said here that just because fallen members of a government military are not due honor, it does not mean that they are due dishonor. Like most other people, they are propagandized to the point of saturation by government schools, churches, establishment media programming, and recruitment advertising. Recruitment personnel then do their best to sell them the military life while making light of the arguments discussed here, if they even acknowledge them at all. The majority of people in a government military are not intentionally evil, but are victims of fraud and lies. The proper response, then, is to attempt to educate living military personnel and those who would follow in their footsteps rather than to engage in displays of disrespect toward the dead (or, for that matter, toward the living).

Conclusion

The desire to protect and serve others is commendable, but a government military offers only a perversion of service. Authentic service of others must be accomplished not through a top-down, coercive, centralized, territorial monopolist like the state, but through the bottom-up, voluntary, decentralized, competition of the market economy. While the state makes defense impossible for its subjects in an absolute sense, there is every reason to believe that private service providers can accomplish this critical task.

Self-defense is one of the most fundamental rights, and the most important personal responsibility, as the abdication of this responsibility endangers all other rights and responsibilities. Of course, there is nothing immoral about hiring help for such a basic need, but the decay of the role of the militia in society has created a vacuum that has been filled by government militaries. The troops are ultimately in the position they are in because too few of us do what is necessary to provide for our own defense and counter statist propaganda. It is therefore because of the selfishness (in the form of risk aversion with respect to confronting aggressors) and irresponsibility of most of the people in the modern West that soldiers are joining government militaries and sacrificing their lives at the behest of politicians in the first place. Until the people right themselves, true defense and service will remain unknown to us.