Tuesday, March 31, 2020

Did Trump’s Defense Production Act Invocation Clear the Way for the Democrats’ ‘Climate Crisis’ Authoritarianism?

Did Trump’s Defense Production Act Invocation Clear the Way for the Democrats’  ‘Climate Crisis’ Authoritarianism?

The COVID-19 pandemic has gotten me thinking, and increasingly worried about the post-pandemic fallout.

Due to the coronavirus pandemic, President Donald Trump declared a “national emergency.” But he also invoked the Defense Production Act (DPA), opening up broad rights-violating emergency powers. A former Clinton Administration official who supports Trumps declaration nonetheless acknowledges that the DPA gives the Federal Government “a sword of Damocles authority” over industry. Trump already ordered car-maker “General Motors to manufacture ventilators to help handle the surge of coronavirus patients, using his power under the Defense Production Act,” reported the Washington Post. The Defense Production Act?

How our governments are reacting to the coronavirusIt remains to be judged. That’s a debate for another day. 

But, the Defense Production Act? This got me speculating about what might happen if (when?) a Democrat wins the presidency. Has Republican President Donald Trump provided a roadmap and precedent for the totalitarian Left? The criminal socialist Left has latched on to climate change as a path to power, alternately invoking the labels “climate crisis” and “climate emergency.” In fact, there is already a Climate Emergency Campaign going on. The Green New Deal goes beyond climate. It contains a laundry list of authoritarian socialist initiatives. And to implement the Deal, it calls for a government imposed “national mobilization”—read totalitarian government control—effort.

Will the Democrats have the nerve to invoke these emergency powers to ram the Green New Deal, or something worse, down our throats? Why not. Democrats first agitated for Trump to invoke the DPA to battle coronavirus, and he breezily succumbed. The Defense Production Act (DPA) was enacted in 1950 in response to the Korean War. It is an act geared toward national defense, and only national defense. But in pressuring Trump, the Democrats could be disingenuously doing so to establish the precedent they need to impose their criminal socialist agenda under cover of their climate emergency. 

Remember, the Democratic Party is a socialist political party. Socialism in the political sense is a centrally planned economy in which the government controls all means of production, from which no one can escape. 

The Democrats’ Green New Deal already envisions a World War II-like central mobilization of the nation. The chance of them getting away with the authoritarian scheme has now gone from slim to likely, in my view. Who could stand in the Democrats' way, and on what grounds, after a Republican president sets the precedent of stretching the DPA to the point of virtually unlimited usage? Under cover of a health crisis, Trump declared himself “a wartime president,” and justified his invoking of the DPA as "essential to the national defense"!!! If the Defense Production Act can be invoked in response to a health emergency, then why not in a climate emergency, or any event that any future president decides to attach the emergency label too? 

I’m no legal or constitutional expert. But Trump’s invoking of the DPA without getting Congressional authorization seems to be illegal and unconstitutional. If allowed to stand, Trump’s invoking of the DPA will set a dangerous precedent. It will effectively allow any future president to declare a dictatorship virtually at will. I hope Congress revisits the DPA, and the courts declare its use by Trump to have been unconstitutional. If not, it will be a major and possibly fatal blow to our freedom and constitutional governance.

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The Crisis of Socialism--Stephen R. Hicks




Saturday, March 28, 2020

Should Taxes Factor into Government-Mandated Business Shutdowns?: Simon Property Group’s Tax Challenge to Two NJ Cities

Where’s our tax cut? As N.J. mayor tried to shut city, mall owner pushed steep tax break.

That’s the headline of an NJ.com news report by S.P. Sullivan, published on the front page of the New Jersey Star-Ledger. Sullivan reports:

As the mayor of one of New Jersey’s largest cities was scrambling to curb the spread of novel coronavirus earlier this month, the largest operator of malls in the United States had another idea.

“What’s your plan to shut down the mall?” asked [Elizabeth] Mayor Chris Bollwage, referring to the Mills at Jersey Gardens, one of the dozen Simon shopping centers in New Jersey.

“What’s your plan to cut my taxes?" replied Mike Romstad, an executive vice president at the company, according to Bollwage’s account.

Bollwage, in an interview with NJ Advance Media this week, said he considered it a “threat.” A Simon spokeswoman said company officials “categorically deny making a verbal threat to the mayor.” However, she did not deny that the request for tax cuts was made, and Simon less than a week later sent a letter seeking millions of dollars in immediate tax relief.

Jersey City, Mayor Steven Fulop faced the same resistance from the Mall operator, Simon Property Group.* Fulop even sent police to Simon’s Jersey City Mall to enforce the shutdown.

The article provides a back-and-forth between the mayors and Simon executives. For his part, Mayor Bollwage thundered:

“I’m dealing every day with how to protect the city from a virus and how to get the hospitals the necessary equipment, as well as protecting emergency medical services,” Bollwage said in an interview.

“All they cared about was how much taxes they were going to save.”

Simon officials were not shy in responding to Sullivan’s report. For example, Ali Slocum, a vice president for communications at the company, said:

“We call on all local and state officials to recognize the tremendous contribution our center makes to the community in terms of job creation, small business growth and infrastructure and we expect fair and equitable treatment with respect to taxation."

This raises an interesting question of justice: Is it fair for governments to continue demanding taxes at the same rate from businesses deprived of revenues it needs to pay its taxes because of shutdowns imposed by that very government? After all, Bollwage’s snarky ““All [Simon] cared about was how much taxes they were going to save” can just as easily be turned around into “All [Bollwage] cared about was how much taxes his city was going to collect.”

Politicians love to lecture us on the “virtue” of “shared sacrifice.” Yet, they seem to think that their services are somehow so important as to put themselves above sharing in the sacrifices. But in this pandemic, which I agree qualifies as a genuine national health emergency, some, such as the mayors of Elizabeth and Jersey City, are oblivious to the genuine hardships they are imposing on private business and the millions of Americans who are being forced out of their jobs and livelihoods as it relates to their city’s respective taxes.

It remains to be seen whether the government shutdowns across the country are warranted or an over-reaction--and, indeed, whether they are even constitutional. And perhaps the timing of Simon’s tax challenge is not good. Perhaps the company should have waited until after the crisis to mount it’s challenge. But I believe Simon’s challenge is right and courageous. 

The issue here is local property taxes. Property taxes are not like other taxes. Unlike income and sales taxes, which automatically decline when economic activity declines, property taxes are there no matter what. In normal times, the circumstances of the property owner, such as a homeowner's loss of a job or a decline in the sales of a business, it’s to be expected that the property taxes must still be paid. But what about a situation where the taxing authority itself is imposing the job loss and decline in commerce for the business, such as during the current coronavirus pandemic? 

My view at this time is that Simon is correct to fight back. And in doing so, it fights for justice for all property owners--workers and businesses alike--who are seeing their economic health crushed by the government’s own orders. If private citizens are to be forcibly sacrificed for the cause of containing the pandemic, however justifiable the shutdowns are deemed ultimately to have been, it is only fair that property taxes for those paying the price should be commensurately reduced. 

Simon’s tax challenge is just and important. We could call it a matter of social justice.

* (Star-Ledger Editor’s note: After this story was published on NJ.com and in The Star-Ledger, Simon officials provided a response. Read it here.)

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Tuesday, March 24, 2020

Criminal Socialism vs. a Free Society


Joe Biden and the Democratic Party have now officially abandoned any pretense about their intentions. Their “Progressive”--welfare state or “safety net” capitalism--agenda, which has always been a cloak, is gone. They have gone explicitly full totalitarian socialism. (see Seeking: Big Democratic Ideas That Make Everything Better and Biden calls for transformation of America, in which Biden calls for an “end to shareholder capitalism”.) The Democratic Party is now defined by its so-called “extreme” wing, the Democratic Socialists of Bernie Sanders.

This means that the underlying political/ideological battle of the past 120 years, socialism versus capitalism, is now front and center. Now more than ever, clearly identifying and defining one’s terms is vital. I think it’s indisputably important to understand clearly what one is debating. How, then, do we understand socialism in the political/social context? [See my ‘What makes someone a socialist?'
 for a definition of socialism.]

It is in this vein that I turn to The Communistic Societies of the United States; Harmony, Oneida, the Shakers, and Others by Charles Nordhoff and  History of American Socialisms by John Humphrey Noyes. Published in the 1870s, Nordhoff and Noyes give first-person accounts of the ideologies and functions of life in these communities, all of which were established privately and voluntarily.

Nordhoff offers a facinating look inside more than six dozen communist enclaves established in the United States in the 19th Century. 

These societies are based on the common ownership of all property, central economic planning, abolition of wages for labor, sharply regulated social life including marriage and even sexual conduct. In exchange, everyone’s needs are provided for out of the common fund based on the principle of strict economic equality. "Luxuries" are forbidden or at least frowned upon. The communist societies are governed authoritarianly by an individual or small elite. Some kind of democratic process is generally involved. They differ in details and implementation, but all adhere to the basic socialist doctrines, usually rooted, implicitly or explicitly, in Christian theology.

The crucial common feature of these societies was that they were strictly voluntary. They have their own constitutions, which conform to the laws of the United States. Everyone who is accepted in—some who apply are rejected—must contractually agree to the terms, agreeing to turn over all personal property to the society’s collective pot. People are free to leave, and when someone does, s/he is usually compensated to some extent based on their original property contribution, or some other criteria established by prior contractual agreement. People can be expelled for non-compliance. No coercion or violence is ever used to keep people in, and disputes are resolved in a civil manner, although occasionally must be resolved in the courts of the United States.

These societies built and ran agricultural and manufacturing industries, and traded with the “outside” capitalist world. Profits are deposited into the common fund, and either used for the members' material needs or invested frugally, for the long-term benefit of the members. All members must learn skills and work, unless too young, or indigent. When needed based on demand for their products, the rulers hire outside labor for wages.

One of the communistic societies Nordhoff describes, the Perfectionists, was established by John Humphrey Noyes, who himself wrote a book, History of American Socialisms, which I also own and have read.

Interestingly, many of these communistic societies were established by devout Christians who fled Europe in the 19th Century, which was still burdened by the tyranny of church-state unity. These people were persecuted, and ofthen prosecuted and even jailed because their practices differed from the views of the established religious/political authorities. So they emigrated to the United States, because the U.S. guaranteed their freedom to establish their socialisms.

This is really important. European socialists were coming to the capitalist United States of America because this is where they found the freedom to practice their socialist creed. Melvin D. Barger, writing for FEE about another commune, Robert Owens’ New Harmony, said this:

The New Harmony movement also had wide support in the new American nation, and Owen had even been given an audience with President-elect John Quincy Adams and the Secretary of the Treasury when he arrived in Washington. There was a kindly tolerance of new ideas, and if New Harmony had been a sound and workable system, the United States had both the political freedom and the available land for thousands of such communal enterprises.

Then or now, nothing in the fundamental American idea was opposed to the socialistic communities of the early 19th century, since they were voluntary arrangements and used peaceful means. [My emphasis]

The American socialist movement of the 19th Century featured two primary branches, Owenism and Fourierism. There were religious, semi-religious, and non-religious manifestations. Some attempted to abolish the family as the primary unit, replacing it with 100% loyalty to the community. Others attempted to leave a place for the family, but as a subordinate unit. There was even one attempt to incorporate “sovereign individualism” into the communistic framework. 

There were many different practical applications of the socialist principles. With few exceptions, they all failed to last very long. Noyes concludes that socialism in principle is synonymous with Christianity, and that the experience of the few that lasted the longest indicated that the path to socialism runs through religion, in particular, Christianity. Even socialisms that rejected organized religion were motivated by basic Christian principles. 

Success or fail, they were strictly voluntary arrangements, with none attempting to legally force their creed on others. And almost without exception, the socialisms failed. Also without exception, the architects of the socialisms offered excuse after excuse for why their particular attempts failed. The 19th Century socialists blamed their failures on everyone and everything, except their own theories. “[T]he time had not yet arrived” [P. 312] for socialism, observed one architect. “[W]e very much fear,” observed another, “that [socialism] will be unsuccessful on account of the selfishness of mankind, this being the principal obstacle to be overcome.” “General Depravity, all say,” observes Noyes, “is the villain in the whole story.” Quoting another socialist historian, whom he relied heavily on in this book, Noyes writes, “Macdonald himself, after ‘seeing stern reality,’ confesses that in his previous hopes of socialism he ‘had imagined mankind better than they are.’” 

Through it all, they never questioned or lost faith in the principles of socialism. “We will try and try again” [P. 346] was the sentiment. Does this sound familiar? Does the wail of the latest reincarnation of socialism, today’s Democratic Socialists, that “real socialism has never been tried,” come to mind?   

This reminds me of a passage in Atlas Shrugged, in which a character tells a society in crisis:

Through centuries of scourges and disasters, brought about by your code of morality, you have cried that your code had been broken, that the scourges were punishment for breaking it, that men were too weak and too selfish to spill all the blood it required. You damned man, you damned existence, you damned this earth, but never dared to question your code.

Opposed to the free-wheeling capitalism existing under American governing principles, a capitalism they saw as “corrupt” and “selfish”, the 19th Century socialists saw themselves as pioneers. Their experiments were designed to find and demonstrate to the nation and world the path to a fully socialst society. Through failure after failure, they never lost faith, because faith was all they had. They believed that “years may be required, before we shall see the first red streaks of [socialism’s] dawning. [P. 381]” But see it they would, they believed. In one chilling passage, after one of the failures, Macdonald says in undying faith:

Yet my belief was as firm as ever in the coming abolition of conflicting interests [capitalism], and the final harmonious reconstruction of society.

That sentiment weaves through the fabric of the 19th Century socialist movement. But neither Macdonald nor these benevolent socialists could have envisioned the dark future that their pioneering hopes portended. They could not have foreseen the economy destroying, bloody socialisms of their future disciples' attempts to realize the dream of that “final harmonious reconstruction of society.” They could not have imagined the nightmare of political socialism of the 20th/21st Century. From Communism to National Socialism to all of the hybrids right up to Chavez/Maduro Venezuela, they continued to try and try again--but without the burden of getting voluntary consent for all involved

Despite the philosophical similarities with modern socialists, there is an important distinction to be made between the early pioneers and their 20th Century successors. The 19th Century pioneers respected the American form of government. Noyes echoes Nordhoff in paying tribute to the United States of America, and by implication to the Founding Fathers. He observes,

The example of the Shakers [one of the longer-lived voluntary socialisms] has demonstrated, not merely that successful Communism is subjectively possible, but that this nation is free enough to let it grow. [P. 669, my emphasis]

Where the 19th Century socialists appreciated the government’s responsibility to secure their right to experiment with socialism, their 20th Century successors turned, like Al Capones run wild, to the government as their hired gun to forcibly impose socialism on everyone.

Ironically, these voluntary socialisms existed simultaneously with the vicious model of socialism that portended the horrors of the 20th Century socialisms that would grow out of the unification of economics and state—the Confederate slave plantations. These communistic enclaves featured cradle-to-grave welfare, equality of outcome, and coercive centralized control. Historian C. Bradley Thompson, author of America's Revolutionary Mind, documents the political ideology underpinning the Confederate slavocracy. One leading intellectual defended the plantation slave system as “the beau ideal of communism.” Citing an extensive array of quotes of the most influential pro-slavery thinkers, Thompson thoroughly documents the socialist essence of the state-imposed plantation slave system, including its parallels with Marxism as well as the "common intellectual heritage" that the 20th-21st Century Progressives share with their 19th Century pro-slavery intellectuals. The South’s proslavery ideology centered on collectivism--the “good of society” over the individual, the “will of the people'' as expressed in elections, and the explicit rejection of unalienable individual rights (Epilogue, Page 359-386). While the voluntary socialisms observed the principles of America’s free society, the Confederacy explicitly rejected those principles, instead giving America its first demonstration of Democratic Socialism.

Since the Enlightenment gave rise to modern free market capitalism—the only kind of capitalism, the enlightened social system of inalienable, equal individual rights to life, liberty,and the pursuit of happiness through work, trade, and earned property—history has provided plenty of opportunity and freedom for people to voluntarily choose socialism, right up to today. There have been other voluntary socialist societies in the U.S. The Amish have a variation. American Kibbutzim, modeled on the Israeli Kibbutz, have been established around the country. There were the 1960s hippie communes. But confronted with the choice explicitly, most Americans will not willingly give up their “means of production”--their lives, liberties, property, businesses, and pursuit of personal happiness--to a central planning authority. Not many people will, when confronted with undiluted socialism, go for it voluntarily. This is true even in societies that are highly conducive to socialism in the abstract. Given the freedom to choose socialism, in real life, very few people have, which means that the only path to a socialist country left to try is through political power--the power of the gun--totalitarianism.

And try the socialists did. This goes to the heart of my point in this article. Socialism is perfectly compatible with a free capitalist society, if everyone respects the rights of everyone else to live by their own values and judgement, and to freedom of association. Why? Because in a free society, like America in its Founding principles, the government neutrally protects that freedom by law and constitution.

Unfortunately, the 20th Century saw a new and malignant manifestation of socialism, political socialism. Instigated by Karl Marx, the socialism we speak of in today’s debates is not the benevolent, peaceful, voluntary socialisms of Nordhoff and Noyes I just wrote about. Today’s reality-blind, sociopathic Democratic Socialists of America is of the virulent, intolerant later variety of Karl Marx, Joseph Stalin, and Adolf Hitler. Today’s socialism is a tyrannical, top-down system imposed by force on the entire society regardless of whether anyone wants it or not, and regardless of the long history of its results. This political socialism is from beginning to end an organized crime enterprise. It is weaponized socialism. It is criminal socialism. 

Today’s Democratic Socialist movement is a manifestation of criminal socialism, because it's proponents are acting through government force. Rationalized as “democratic,” it follows on the heels of communism, national socialism, fascism, et al. It rejects voluntarism. It holds that enough votes to win an election is enough justification for imposing one’s socialism on the entirety of society without everyone’s voluntary consent. Bernie Sanders, Occasio-Cortez, and company don’t seek to organize their supporters by voluntary consent. They go into politics. Why? Because they seek political power. Why political power rather than the power of persuasion? Because political power, as one of Marx’s most loyal disciples observed, “grows out of the barrel of a gun.” On “Why go into politics to advance your cause?”, today’s democratic socialists would answer—to paraphrase a quote attributed to a famous bank robber—because “that’s where the guns are.” Criminal socialism is truly the system by and for sociopaths.

Here’s the bottom line, and the reason for this post: When the government remains in its proper, neutral, rights-protecting, American-ideal mode, capitalism or socialism is a personal choice. The millions of supporters of today’s Democratic Socialist movement don’t have to wait for politicians like Bernie Sanders or Alexandria Ocasio-Cortez to gain political power. They can live their socialist dreams right now, by forming their own communities based on their common values. All they need to remember is to respect the rights of others. They can form their communities by the voluntary consent of all of their members, leaving anyone with different values free to go their own way unmolested. The Democratic Socialists don’t need politicians. They want them, because they are, to be blunt, criminals. Any method of forming communistic or socialistic associations, other than by universal voluntary consent, “legal” or not, Legislative or not, is the method of the criminal. 

That’s worth remembering, because here is where we are today. Capitalism vs. socialism is the underlying political battle of America.* But having studied the whole history of American socialism, I have concluded that that characterization is not precise enough. The choice capitalism vs. socialism is really capitalism versus criminal socialism, since capitalism is perfectly compatible with voluntary socialist arrangements. 

* [Which presupposes the fundamental philosophical battle, Individualism vs. Collectivism: Our Future, Our Choice—Craig Biddle.]

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A New Textbook of Americanism—edited by Jonathan Hoenig



The Dark Side of Paradise: A Brief History of America's Utopian Experiments in Communal Living by Lawrence W. Reed for FEE 

Saturday, March 21, 2020

Election 2020: The Pickpocket vs. the Murderer


J.D. Tuccille has captured my basic feelings on the choice that is shaping up for voters this year. Competing Brands of Authoritarianism Are All Trump and Democratic Candidates Offer, Tuccille correctly observes. “The real resistance,” he writes, “is made up of those who refuse to be governed by any of the wannabe rulers.”

I agree. There are three sides to this year’s election--Trump, the Democrat, and liberty. Tuccille goes on:

Do presidential debates have you considering likely places to stash your cash? Do political polling results have you contemplating waiting it all out in a mountain retreat? Rest assured that you're not overreacting; you're sensibly responding to a political culture that has turned very welcoming to authoritarian candidates and intrusive policies.

Where I differ from Tuccille is captured in my comments posted to the article:

I agree with Tuccille’s basic premise. But the two sides cannot be equivocated. The Democratic Party is now defined as socialist, which by definition means totalitarian. The Republican Party has picked up the mantle of welfare state capitalism. In terms of authoritarianism, comparing the Trump Republican Party to the Democratic Party is like comparing a pickpocket to a murderer.

It’s not time to head for a mountain retreat. We do face a genuine choice—voting for the lesser of two evils. And there is a lesser of two evils. It’s obviously Donald Trump. 


To be sure, there are really three sides--Trump, the Democrat, and Americanism. Trump is not the president to reverse the march toward authoritarianism in America. But a continuation of the Trump Administration can delay it or at least slow it down, giving the forces of liberty more time to fight back.


At this juncture, it looks to me like (ARRGGHH!) Donald Trump -- 2.0

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Wednesday, March 18, 2020

Sanders’ Goal to ‘Transform Society’ Puts Him in Some Terrible Company


Bernie Sanders created a lot of disgust when he praised Fidel Castro, the Communist dictator of Cuba.  Yuri Pérez posted the comment that got the attention of the public in Yes, Bernie Sanders, Castro's literacy program was 'a bad thing:.

. . . a militarized state has guaranteed the Castro dynasty’s power over half a century — not, as Sanders asserted in his 1997 book, because "he educated their kids, gave their kids health care, totally transformed the society." 

In a CNN article posted by NBC, Sanders says 'it's unfair to simply say everything is bad' with Fidel Castro's Cuba, Paul LeBlanc and Dan Merica wrote:

Buzzfeed reported during the 2016 election that Sanders said at the same time that America was "very, very mistaken about" the Cuban people's desire to revolt against Castro because Americans "forgot that he educated their kids, gave their kids health care, totally transformed the society."

Sanders’ comments about education and healthcare got most of the attention, and, rightfully, pushback. 

However, the final part of the statement praising Castro for totally transforming Cuban society didn’t get nearly enough attention, if any. But it should have, because of what it says about Bernie Sanders, and of socialism. 

So let me correct that. A government that has the power to “totally transform the society” from the top down, by government force, is a totalitarian state. This is Sanders. He seeks political power so as to impose on 330 million Americans his brand of socialism. Anyone who believes that an entire society and everyone in it is his to “transform” according to his vision of what the ideal society looks like is a full-blown sociopath. This puts Sanders in the terrible company of such recent utopians as Stalin, Hitler, Mao ZeDong, Mussolini, Pol Pot, Hugo Chavez, and of course Castro. Sanders may be a minor leaguer compared to these major league monsters. But he is cut from the same mold. 

For most of his career as an Independent Democratic Socialist, and now a Democrat for presidential purposes, Sanders is in the process of capturing a large swath of the Democratic Party. Even if he doesn’t get the 2020 presidential nomination, he will have redefined the Democratic Party in a new and dangerous way, aligning it more with undiluted socialism than welfare statism. We need to take Sanders seriously, and at his own word. Ideas matter. Words matter. They have predictable consequences in real life. We’ve seen his political sociopathy before.

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