American Militias after the Civil War: From Black Codes to the Black Panthers and Beyond

The Civil War (1861-1865) was nothing less than a revolutionary reorganization of American government, society, and economics. It claimed almost as many lives as every other U.S. conflict combined and, by war’s bloody logic, forged the nation which the Founding Fathers could not by settling once and for all lingering national questions about state sovereignty and slavery.

The postwar period, however, was one of arguably greater turmoil than the war itself. This is because many men in the South did not, in fact, lay down their arms at the end of the War. What’s more, freedmen, former slaves that were now American citizens, had to take defensive measures against pro-Democratic Party partisans, the most famous of whom were the Ku Klux Klan.

America’s militia has existed for a number of purposes and has exercised a surprising number of roles over the years. But at its core, it’s a bulwark of the power of the country against the power of the state. In Early American Militias: The Forgotten History of Freedmen Militias from 1776 until the Civil War, we covered the historical roots of the militia. Below is the modern history of the militia following the Civil War, and how unforeseen changes which started during Reconstruction have set the stage for the contemporary movement of Constitutional citizens militias.

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War for Poverty

When a country is mired in poverty, violent revolution is the most emotionally appealing remedy.  So cinematic.  Since the powers that be almost never agree, any call for violent revolution is, in practice, a call for civil war.  But how well does the “remedy” of civil war actually work?  So far, the very best treatment I’ve found is contained within Paul Collier’s The Bottom Billion:

Civil war is development in reverse.  It damages both the country itself and its neighbors.  Let’s start with the country itself.  Civil war tends to reduce growth by around 2.3% per year, so the typical seven-year war leaves a country around 15 percent poorer than it would have been…

Both economic losses and disease are highly persistent: they do not stop once the fighting stops.  Most of the costs of civil war, perhaps as much as half, accrue after the war is over.  Of course, sometimes the rebellion is worth it, with rebel victories ushering in an age of social justice, but this does not happen often.  Usually the political legacy is about as bad as the economic legacy – a deterioration in political rights.  A rebellion is an extremely unreliable way of bringing about positive change.  Rebel leaders who claim to have launched a civil war for the good of their country are usually deceiving themselves, others, or both.

Furthermore, civil war breeds civil war:

Civil wars are highly persistent.  The average international war, which is nasty enough, lasts about six months.  You can do a lot of damage in six months.  But the average civil war lasts more than ten times as long, even longer if you start off poor…

Having looked at why civil wars started and how long they lasted, we then looked at what happened when they were over.  As previously noted, the end of a war often is not the end of the conflict; once over, a conflict is alarmingly likely to restart.  Furthermore, the experience of having been through a civil war roughly doubles the risk of another conflict.  Only around half of the countries in which a conflict has ended manage to make it through a decade without relapsing into war.

Along the way, Collier also heaps amusing scorn on the Third World’s indigenous war-mongers and their credulous First World apologists:

Our work has proved controversial.  In part this is because the people attracted to the academic study of conflict tend to be politically engaged and are sympathetic to the acute grievances enunciated by various rebel movements, who often adopt extreme measures to oppose governments that may indeed be unsavory.  To such academics, the whole idea of investigating statistically whether there is a relationship between objective measures of grievance and a propensity to rebel is taken to be more or less an insult, since they know there is one.


[T]he rebel groups generate a discourse of grievance that feeds these concerns, in effect inviting fellow travelers to imagine themselves wearing bandoliers on the barricades.  Unfortunately, you simply can’t trust the rebel discourse of concern for social justice; what else do you expect them to say?

A calm look at the data shows that this skepticism is well-justified:

Genuine grievances should be addressed whether or not they provoke rebellion, yet all too often they are not redressed.  But the sad reality seems to be that grievances are pretty common.  Rebels usually have something to complain about, and if they don’t they make it up.  All too often the really disadvantaged are in no position to rebel; they just suffer quietly.

Peace lacks the romance of war, just as appeasement lacks the romance of rebellion.  Yet if you really want desperate countries to escape poverty, you should hew to the path of peace.  If appeasement is the price of peace, you should probably pay it.  Civil war is a viable – though high-risk – strategy for power-hungry leaders.  For countries, however, it is a path to wretched ruin.

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War Crimes Pardons: A Terrible Memorial Day Idea

On May 16, 2008, near the town of Baiji in Iraq, 1st Lieutenant Michael Behenna, US Army, murdered a prisoner.  That was the verdict of the jury in his 2009 court martial, anyway. He was sentenced to 25 years in prison, but paroled in less than five. On May 6, 2019, US president Donald Trump pardoned Behenna.

As I write this, news reports indicate that Trump intends to celebrate Memorial Day by pardoning several other Americans convicted of (or accused of and not yet tried for) war crimes in Iraq and Afghanistan. That’s a horrible idea for several reasons.

One reason is that it’s morally repugnant to excuse the commission of crimes, especially violent crimes, for no other reason than that the criminal is a government employee.

A second reason is that it is detrimental to the good order and and discipline of the US armed forces to excuse violations of law by American soldiers, sailors, airmen, and Marines.

That phrasing is not random: “[D]isorders and neglects to the prejudice of good order and discipline in the armed forces” are themselves crimes under Article 134 of the Uniform Code of Military Justice. Yes, Trump has absolute power to pardon under the US Constitution, but this would be an abuse of that power that conflicts with his duties as commander in chief.

A third reason is that pardons of this type essentially beg other governments to take matters into their own hands where allegations of war crimes by US military personnel arise.

Among the US government’s excuses for refusing to join the International Criminal Court, and for forcing agreements by other governments to exempt American troops from prosecution under their own laws, is that the United States cleans up after itself and holds its troops to at least as high a standard as would those other governments. These pardons would give lie to that claim and expose US troops to greater risk of future arrest and prosecution abroad.

Don’t just take my word for these claims. Here’s General Charles Krulak, former Commandant of the US Marine Corps:

“If President Trump issues indiscriminate pardons of individuals accused — or convicted by their fellow servicemembers — of war crimes, he relinquishes the United States’ moral high ground and undermines the good order and discipline critical to winning on the battlefield.”

And here’s General Martin Dempsey, former Chairman of the Joint Chiefs of Staff:

“Absent evidence of innocence or injustice the wholesale pardon of US servicemembers accused of war crimes signals our troops and allies that we don’t take the Law of Armed Conflict seriously. Bad message. Bad precedent. Abdication of moral responsibility. Risk to us.”

After World War Two, the US and other governments which participated in victorious alliance versus the Third Reich and the Empire of Japan tried and punished — up to and including execution — German and Japanese soldiers accused of war crimes and the political leaders who ordered, encouraged, or excused those crimes.

If the US doesn’t hold itself to at least as high a standard, eventually someone else will.

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Big Business: Recasting the Anti-Hero

Tyler Cowen’s previous book, Stubborn Attachments, is right in general, but wrong on particulars.  His latest book, in contrast, is largely right on both.  The world needed a new book to be pro-market and pro-business at the same time, and Tyler’s Big Business delivers the package.  I’m almost tempted to quote Keynes:

In my opinion it is a grand book … Morally and philosophically I find myself in agreement with virtually the whole of it: and not only in agreement with it, but in deeply moved agreement.

Highlights include:

1. A popularization of Bloom and van Reenen’s work on the power of management:

We must take a moment to appreciate the particular character of American business. By global standards, its overall performance is remarkably impressive. Stanford economist Nicholas Bloom and a group of co-authors studied and compared management practices in some of the major economies, including the United States. Their survey assessed how well a workplace uses incentives, the quality of performance measures and reviews, whether top management aims at long-term goals, whether top creators are well rewarded, and whether the firm attracts and retains quality employees, among other relevant metrics…

So at the end of all of these measurements of management quality, which country comes out on top? The United States is a clear first…

Management really matters. Let’s say we take two American plants producing comparable wares, but one of those plants is in the 90th percentile in terms of productivity, while the other is in the 10th percentile. The former plant will have a productivity level four times higher than the latter plant, due to superior management practices. It has been estimated that Chinese firms could increase their productivity by 30–50 percent and Indian firms could do so by 40–60 percent merely by improving their management practices up to an American level of quality.

2. Business practices and promotes good manners and civility.  Despite modern political hysteria…

the world of American business has never been more productive, more tolerant, and more cooperative. It is not just a source of GDP and prosperity; it is a ray of normalcy and predictability in its steady focus on producing what can be profitably sold to customers. Successful businesses grow dynamically, but they also try to create oases of stability and tolerance in which they can perfect their production methods and which help to attract and retain talent…

American big business in particular has led the way toward making America more socially inclusive. McDonald’s, General Electric, Procter & Gamble, and many of the major tech companies, among many others, were defining health and other legal benefits for same-sex partners before the Supreme Court legalized gay marriage… This push for tolerance shouldn’t come as any surprise. Big business has lots of customers and relies on the value of brand names. It doesn’t want any group of those customers to feel put out or discriminated against or to have cause for complaint…

3. Some deliberate (?) understatement on fraud:

Most of all, business is criticized for being fraudulent and ripping us off. While there is plenty of fraud in business, the commercial sector isn’t any more fraudulent than individuals in other capacities, and it may even be somewhat less fraudulent.

I’d say there’s no “may even be somewhat less fraudulent” about it!  Who wouldn’t trust Amazon or Uber or Airbnb over a random American who promised to provide the same product?

4. Business thinks long-term, usually:

It can be very difficult to distinguish between short-termism and an inability to see into the future. The failed Netflix competitors were mainly not venal rip-off artists; rather, most of them genuinely did not see that providing massive amounts of streaming content would prove to be a winning strategy. If half of the time businesses think too short-term and the other half of the

time too long-term, there will be thousands of valid examples and anecdotes about excessive short-term thinking and planning, and they aren’t necessarily related to CEO dishonesty.


Of course, markets also think long-term when it comes to successes, and that long-term mentality is encouraged through CEO pay structures. Consider Amazon, which has a stratospherically high share price, even though the quarterly earnings reports usually fail to show a sizable profit. Whether you think that valuation has been justified or not, it is a clear example of how markets can consider the broader, longer-term picture. Circa 2018, Jeff Bezos ended up as the richest man in the world, and he achieved that status by sticking with some long-run goals.

5. Employment may not be fun, but it’s meaningful and prevents misery:

Another way to think about the non-pay-related benefits of having a job is to consider the well-known and indeed sky-high personal costs of unemployment. Not having a job when you want to be working damages happiness and health well beyond what the lost income alone would account for. For instance, the unemployed are more likely to have mental health problems, are more likely to commit suicide, and are significantly less happy. Sometimes there is a causality problem behind any inference—for instance, do people kill themselves because they are unemployed, or are they unemployed because possible suicidal tendencies make them less well suited to do well in a job interview? Still, as best we can tell, unemployment makes a lot of individual lives much, much worse. In the well-known study by economists Andrew E. Clark and Andrew J. Oswald, involuntary unemployment is worse for individual happiness than is marital divorce or separation.

6. Even much-maligned low-skilled jobs have unsung psychological benefits:

In contemporary American society, poorer individuals are more likely to have problems with divorce, spousal abuse, drug addiction in the family, children dropping out of school, and a variety of other fairly common social problems. These problems plague rich and poor alike, but they are more frequent in poorer families and, furthermore, very often wreak greater devastation on poorer families, which have fewer resources to cope with them. The workplace, however, is a partial equalizer here. At least in this sample, the poorer individuals found relatively greater solace in the workplace than did the richer individuals.

7. Employers’ alleged mistreatment of individual workers is often for the greater good of their whole team:

Along these lines, I hear so many criticisms that companies do not give workers enough personal or intellectual freedom. For instance, many critics have noted that companies have the right to fire workers for their Facebook or other social media postings. Surely that sounds like an unjustified infringement on freedom of speech. But on closer inspection, the stance of the companies is often quite defensible. Unfortunately, a lot of workers put racist, sexist, or otherwise discomforting comments and photos on their Facebook pages, on Twitter, or elsewhere. When employers fire them, very often it is to protect the freedom of the other workers—namely, the ability of those other workers to enjoy the workplace environment free of harassment and threats. It’s not always or even usually a question of the employer versus the workers, or the old story of a struggle between worker and boss struggle. Rather, the boss is trying, sometimes in vain, to adjudicate conflicting notions of workplace freedom among the workers. In other words, the firings are in part an employer attempt to take the overall preferences of the workers into account.

8. Big business is often the cure for monopoly rather than the disease:

[Y]ou can think of Amazon and Walmart as two big reasons a lot of collusive and price-fixing schemes don’t work anymore or don’t have a major impact on consumers. Amazon and Walmart are the two biggest retailers in America, and both compete by keeping prices low—permanently, it seems. Their goal is to become dominant platforms for a wide variety of goods and to use low prices to boost their reputation and their focal status as the place to go shopping. By now both companies are old news, and it is increasingly difficult to argue that their strategies are eventual market domination and then someday super-high monopoly prices. Instead, their strategies seem to be perpetually low prices, followed by taking in insanely large amounts of business and using data collection to outcompete their rivals on the basis of cost and quality service.

My main criticism: Tyler is so pro-business that he often forgets (at least rhetorically) to be pro-market.  He spends minimal time calling for moderate deregulation – and even less calling for radical deregulation.  So while he effectively calls attention to everything business does for us, he barely shows readers how much business could do for us if government got out of the way.  Above all, Tyler mentions the following only in passing – or not at all:

1. The evils of housing regulation.  Business is ready, willing, and able to build mega-cities worth of affordable housing in the most desirable places in the country – the moment land-use regulations permit.

2. The evils of immigration restriction.  Perhaps to broaden his audience, Tyler fails to mention the eagerness of business to provide international workers with the opportunity to use their talents for the enrichment of mankind.  If I were him, I would have highlighted (a) how much business has done to increase immigration, and (b) how much business has engaged in righteous civil disobedience by hiring workers despite our unjust immigration laws.

3. The evils of labor market regulation.  Tyler barely mentions the many awful side effects of much-loved labor market regulations.  This was a mighty missed opportunity to lambast the horrors of European labor market regulationBig Business was also a great opportunity to explain why discrimination is usually bad for profitability, making anti-discrimination regulations superfluous at best.  Indeed, Tyler could have used the ubiquitous employment of illegal immigrants to illustrate these truths.

Fortunately, it’s not too late for Tyler to correct his unfortunate omissions on his blog.  Big business has been miscast as an anti-hero, but populist regulation is a Thanos-level supervillain.

P.S. Exercise for the reader: Name a better book cover than Tyler’s!

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This Is What Peace Looks Like

When I walk in Atlanta’s Piedmont Park these days, I get a few moments where I see at a deeper level.

I see hundreds of smiling people. I see couples in love, parents with children, and happy dogs trotting ahead of them. I see people playing soccer and football, throwing frisbees, roller-blading, running, biking, picnicking, and doing (popsicle) business.

I see extreme diversity and cultural integration. I see people respecting each other and sharing a park with each other, despite differences in belief, sexual orientation, race, politics, nationality, and ethnicity. By and large, people in a park on a sunny day genuinely don’t care about divisions.

I see people wearing all kinds of clothes, rocking different hairstyles, riding around on the strangest contraptions (hoverboards?), and generally doing what they want to do. By and large, people in a park on a sunny day don’t care about control.

And I realize something: this is what peace looks like. This is what freedom looks like.

This – here, now, concretely, in front of me- is a small vision of what I and all of my idealistic friends and forebears talk about when we talk about the world we want. This is what people have fought and died for. This is it.

Peace becomes far more interesting and compelling when it has a face. And that face is far more beautiful than any of the allure of war and conflict.

War has only one face: the death mask. But in the park on any random Saturday in Atlanta, I can see far more faces and far more expressions of human joy and creativity – with new expressions being born every weekend.

We have a lot of work to do still. Most of the world is not so lucky. But it helps to have a solid image of what we want to spread. Peace isn’t an abstraction: it’s a park full of happy people.

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More Bang for Your Buck; or, Better Ways to Buy Your Happiness

Money has little effect on happiness.  Ancient Greeks like Epicurus said it, and modern empirical psychology confirms it.  Why do we have so much trouble accepting this?  In part, because our immediate reaction to money is highly favorable – and that sticks in our minds.  Before long, however, hedonic adaptation kicks in.  We start to take our good fortune for granted… and then we largely forget that our fortune is good.

But there’s probably another important reason why we have so much trouble accepting the weak effect of money on happiness.  Namely: There are so many ways to buy happiness with money!  The fact that “Money doesn’t buy happiness” clashes with the equally obvious fact that “Money can buy happiness.”  The simplest reconciliation, of course, is that most people spend their money poorly.  And in my experience, this reconciliation is entirely correct.  Most people stubbornly spend lots of money on hedonic dead-ends, while ignoring omnipresent opportunities to turn cash into smiles.

So what are these alleged “omnipresent opportunities”?  Here are my top picks.

1. Buy your way out of unpleasant chores by hiring other people to do them for you.  Start with cleaning, laundry, yardwork, auto repair, childcare, and tax preparation.

2. Buy your way out of unpleasant chores by buying different products.  Most obviously, switch to disposable plates, cups, and utensils.  It’s very cheap, and saves lots of time.  If this gives you environmental guilt, compensate with some Effective Altruism.

3. The leading source of happiness is pleasant social interaction.  Use money to get more of it – and make your interaction more pleasant.  If you have to spend hours preparing for and cleaning up for any gathering, you probably won’t enjoy it much.  So cut down on both preparation and clean-up using #1 and #2.

4. Don’t buy products to impress strangers or casual acquaintances.  They’re barely paying any attention to you anyway.  Indeed, even your close friends probably don’t pay that much attention to the details of your possessions.  So if you and your immediate family won’t durably enjoy an expensive product (such as… granite countertops), save your money.

5. Entertainment spending is one of the best ways to convert money into happiness.  That’s why they call it “entertainment.”

6. If you live with other people, soundproof your house – especially if you have kids.  Other people’s music, t.v., and phone conversations (not to mention children’s crying) don’t just get on your nerves; they create needless conflict.  But you don’t have to choose between isolation and serenity.  Solid wood doors aren’t exactly cheap, but they’re affordable.

7. Put less effort into finding a job that pays better than your current job.  Put more effort into finding a job that is more enjoyable than your current job.  First and foremost: Look for jobs with lots of pleasant social interaction.

Overarching doubt: Won’t these attitudes alienate more conventional people?  My answer: Only mildly, as long as you’re friendly.  So be friendly!  And don’t forget that these attitudes also attract people who are eager to actually enjoy life.

Finally: You can and should use your money to build and maintain your Beautiful Bubble!

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