The Real Emergency Isn’t About the Wall; It’s About the Separation of Powers.

US president Donald Trump recently declared a “national emergency” under which he intends to divert money from the US Department of Defense’s budget and use it to build a wall on the US-Mexico border.

No biggie, Trump said as he announced the “emergency.” Happens all the time (59 other times since 1976, to be exact).  Purely routine.

But it’s not routine at all. It is, in fact, a declaration of presidential dictatorship that shreds the US Constitution’s separation of powers requirements.

Most presidential emergency declarations have been either on matters supposedly requiring immediate action which Congress could be expected to subsequently approve (for example, George W. Bush’s 2001 declaration of emergency in the wake of 9/11), or pursuant to policies already approved by Congress (for example, specific sanctions on countries already condemned by Congress to general treatment of that type).

Trump’s declaration is different — but there is applicable precedent to consider. We’ve been down this road before, just not quite so far.

In 2013, Republicans in Congress flirted with refusal to raise the  “debt ceiling” — a limit on how much money the federal government allows itself to borrow.

As  a deadline approached after which the US government would be in default to its creditors,  House Democrats urged president Barack Obama to ignore Congress  and raise the debt ceiling by emergency decree.

How are the two situations alike?

Article I, Section 8 of the US Constitution assigns the power to “borrow Money on the credit of the United States” exclusively to Congress.

Article I, Section 9 of the US Constitution similarly empowers Congress to decide how money may and may not be spent: “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.”

By unilaterally raising the debt ceiling, Obama would have become an outlaw, an extra-constitutional dictator rather than a president. Republicans pointed this out at the time. Fortunately, an 11th-hour deal averted the possibility of Obama following his co-partisans’ advice.

By asserting the “emergency” power to spend money on  a project that Congress has explicitly declined to fund by appropriation (multiple times, in fact), Trump has effectively resigned the presidency and declared himself an absolute monarch.

And THAT, friends, is a REAL emergency.

If Congress has any desire to save what’s left of the Constitution — and any political will to act on that desire — the obvious, immediate, and absolutely necessary next step is the impeachment of Donald Trump and his removal from the office of President of the United States. Nothing less will suffice, and the case against him is airtight.

Over the course of more than two centuries, the Constitution has frayed, and sometimes broken. Maybe it’s time to let it go. If that’s the case, I’d personally rather it gave way to something better than the banana republic style dictatorship the American presidency has descended toward in recent decades.

If Congress doesn’t make Trump the bottom of that slide, there is no bottom, and we are doomed to suffer through a dark new era of uncontested presidential tyranny.

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My Personal Trade Deficit Is Killing Me – or So Trump Would Have You Believe

A few days ago, my lunch was as follows. Besides some Chilean grapes I had acquired via Lucio and a host of other, unknown middlemen (gracias al Mano Invisible), I had some homemade Oaxaca-style cheese and some homemade tortillas I purchased from local people who peddle their products along the beach road. (Oh, yes, I seasoned my quesadillas with some very tasty locally made salsa picante de habanero y pina.) Well, so what?

You see, it got me to thinking. I am running a terrible trade deficit with the local Mexicans. I keep giving them pesos, and all they give me in return are delicious foods and very helpful labor services from time to time. As President Trump would tell you, this is an awful situation for anyone to be in.

If I’m ever going to be as prosperous as Trump is making the USA, I will have to find a way to get the local people to buy my consulting services, while I buy nothing from them. By accumulating a pile of worthless pesos—as worthless as the foreign currency payments that U.S. exporters gain when they only hoard them, rather than using them directly or indirectly to finance imports—I will make myself Great Again.

I may get pretty hungry in the process, but what the hell, I’ll be as Great as Trumpian America. After all, as any mercantilist will tell you—and Trump tells you incessantly—the only thing that matters is getting a lot of money by selling to foreigners, whereas getting a lot of foreign-made goods and services is a terrible thing.

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Swamp Gold

Nobody asked but …

<sarcasm alert>Yeah, right.  Thieves will refund stolen money, with interest, when their need for crime disappears.</sarcasm alert>

I read yesterday where Ted Cruz thinks we can pay for The Wall by redistributing El Chapo’s ill-gotten gains — just when I thought that politicians couldn’t get any stupider.  Now today I am slapped upside the head with the idea that we can get money from the dissolution of DEA.

When funds go down the rat hole of government, only rats will gain.  Money never sees the light of day thereafter.  Although the state can own nothing, its minions like Cruz, POTUS, and Ocasio-Cortez can, and do, pretend that it owns all.  Certainly, once stolen, lucre like forfeiture of assets funds stay stolen for all time.

Politicians are so spoiled by the ease with which they pull the wool over our eyes that they will never quit the dodge.

— Kilgore Forelle

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The First Rule of AIPAC Is: You Do Not Talk about AIPAC

Washington’s political establishment went berserk when US Representative Ilhan Omar (D-MN) publicly noted that US-Israel relations are “all about the Benjamins”  — slang for $100 bills, referring to money shoveled at American politicians by the American Israel Public Affairs Group (AIPAC).

Omar was accused of antisemitism — immediately by Republicans, shortly after by members of her own party — and bullied into apologizing. She may or may not be prejudiced against Jews,  but even if she is, that wasn’t her real offense.

Her real offense was  publicly mentioning the irrefutable fact that many members of Congress take their marching orders from a foreign power’s lobbying apparatus (an apparatus not, as required by law, registered under the Foreign Agents Registration Act), at least partly because those marching orders come with promises of significant donations to those politicians’ campaigns.

AIPAC itself doesn’t make direct donations to political campaigns. But AIPAC and other pro-Israel lobbying groups like Christians United For Israel punch well above their weight in American politics, largely by motivating their supporters to financially support and work for “pro-Israel” candidates in general elections and help weed out “anti-Israel” candidates in party primaries.

By the way, “pro-Israel” in this context always means “supportive of the jingoism of Benjamin Netanyahu’s Likud Party,” and never “supportive of the many Israelis who’d like peace with the Palestinian Arabs.”

One AIPAC supporter  alone, casino magnate Sheldon Adelson, spent $65 million getting Republicans elected, including $25 million supporting Donald Trump, in 2016.  But that $25 million was only put into action after Trump retreated from his early position of “neutrality” in the Israeli-Palestinian conflict, publicly prostrated himself to AIPAC in a speech at one of its events, and pronounced himself “the most pro-Israel presidential candidate in history.”

But: We’re not supposed to talk about that. Ever. And it’s easy to see why.

If most Americans noticed that many  members of Congress (as well as most presidents) are selling their influence over US policy to a foreign power, we might do something about it.

For decades, howling “antisemitism” any time the matter came up proved an effective tactic for shutting down public discussion of the “special relationship” under which Israel receives lavish foreign aid subsidies, effective control of US foreign policy in the Middle East, and lately even state (and pending federal) legislation requiring government contractors to sign loyalty oaths to Israel’s government.

The Israeli lobby’s power to prevent that discussion seems to be slipping, however. Why? In part because the lobby’s money and political support, which used to be spent buying both sides of the partisan aisle, has begun tilting heavily Republican in recent years, freeing some Democrats to not “stay bought.” And in part because the newest generation of politicians includes some like Ilhan Omar who aren’t for sale (to Israel, anyway).

Decades of unquestioning obedience to the Israel lobby has drawn the US into needless and costly conflicts  not even remotely related to the defense of the United States. We’ll be better off when the “special relationship,” and the corruption underlying it, ends.

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Who Owns You?

The issue comes down to whether the individual is viewed as a private person or as public property: the former has no obligation to the community to be or stay healthy; the latter does.

Virtually everything the Founding Fathers sought to achieve by separating church and state has been undone by the apostles of modern medicine, whose zeal for creating a therapeutic state has remained unopposed by politicians, priests, professionals, journalists, civil libertarians, and the public.

–Thomas Szasz

Many people have legitimate complaints against the Food and Drug Administration. For example, during its long history, the FDA has delayed the marketing of badly needed drugs and medical devices, leading to unnecessary pain and death. Excessive bureaucratic requirements for testing have made drugs more expensive than they would have been otherwise. And, as I’ve detailed elsewhere, its regulation of tobacco and nicotine interferes with people’s enjoyment of those products.

I want to suggest, however, such isolated complaints fail to go to the heart of the matter. The problem is not this or that regulation. Nor is the problem even the FDA itself. The root problem is the government’s claim to jurisdiction over so-called “public health.” In the United States, once Congress assumed this power and created myriad regulatory agencies to exercise it, the door was opened to the kinds of mischief that Thomas Szasz (1920-2012) placed under the label “the Therapeutic State.” All manner of interference with individual freedom can be and has been presented in the name of safeguarding public health. It’s a Pandora’s box.

The ultimate question is: who owns you? The answer will determine who is to be in charge of health.

The courts have routinely affirmed that the government has a “substantial interest” in the “health, safety, and welfare of its citizens.” In other words, citizens are public property. It’s time that this currently uncontroversial premise was questioned.

The modern state’s “substantial interest” in the physical and mental welfare of its citizens is an echo of the pre-liberal era, when the sovereign was seen in part as the father and custodian of the physical and spiritual welfare of his subjects. Paternalism served the interests of the sovereign, of course: he needed healthy taxpayers and soldiers. But the relationship was bigger than that.

The liberal revolutions of the 18th century did not fully push aside that model of governance, and many vestiges of the old regime have remained. Whatever the rationalization, whatever the ostensible basis of authority, the state was (and is) about taboos and social control. Of course, the form changed — church and state have been more or less separated — but in many ways the substance has been unchanged. The power of state-related clergymen was succeeded by the power of state-related medical men (including psychiatrists) and putative scientists. As the theological state receded, the therapeutic state advanced. Illness (including so-called mental illness) came to play the role in public policy that sin once played. Health stands in public life where salvation once stood. Treatment is the modern way of redemption. The burning of witches was succeeded by, for example, the confinement in madhouses of people who had committed no crimes. Electroshock and lobotomy replaced the rack and thumbscrew. The pattern repeated itself in the United States; state governments involved themselves in public health from an early date, followed by the federal government. Drug dealers and users became the modern scapegoats who had to be cast out (imprisoned) to protect the public’s health, although drugs entered people’s bodies by volitional acts. (On the resemblance between the theological and therapeutic states, see the works of Thomas Szasz, a psychiatrist who made a career demonstrating the unappreciated parallels. Links to many articles are here.)

In the modern age, Szasz wrote, “To resolve human problems [e.g., “bad habits”], all we need to do is define them as the symptoms of diseases and, presto, they become maladies remediable by medical measures” — more precisely, political-medical measures. Doctors, having been deputized by the state, wield power they could have not obtained otherwise. (The head of the FDA, Scott Gottlieb, is a physician.) Thus we have (to use another phrase from Szasz, “the medicalization of everyday life.” For example, any disapproved behavior that anyone engages in repeatedly is branded an “addiction,” which is in turn defined as a disease, as though calling behavior, which has reasons not causes, a disease were not a category mistake. Never mind that metaphorical, or mythical, diseases are not real diseases. (Are substances or people habit-forming?) To say that an ascribed disease is a myth is not to deny the behavior or even to deny that the behavior may a problem for either the actor or the people around him. As the philosopher Gilbert Ryle wrote, “A myth is, of course, not a fairy story. It is the presentation of facts belonging to one category in the idioms belonging to another. To explode a myth is accordingly not to deny the facts but to re-allocate them.”)

It is in this light that we should view the FDA and other government medical and scientific entities. They are part of a massive apparatus of social control, making their personnel agents of social control, not truth-seeking. Whether the FDA, for example, is a friend of industry or an adversary (at different times it’s been both), the public is ill-served precisely because the right of individual self-determination in a free market, including tort- and fraud-redress procedures, is undermined by prohibitions and restrictions. It is also ill-served by the monopolistic effects of centralized political authority over science and medicine. (On the FDA’s growth, see this.) Free competition is the universal solvent because facts emerge through rivalrous activity, both economic and intellectual.

Many people don’t see things that way, of course, and so government has increasingly controlled people’s choices with respect to health and science. On the basis of the fiction that the free market has failed in these realms — when has it actually been tried? — politicians, bureaucrats, and deputized practitioners have gained power. A gain in political power, Albert Jay Nock taught us, necessarily means a loss in “social power,” that is, self-control by individuals and their voluntary associations (including families). If self-control is denied in one area of life, we should not be surprised to see it fade from other areas of life. Today, the battle cry is “Medicare for all!” But if “the public” (the state) is to pay for everyone’s medical care collectively, won’t the public’s putative representatives want to impose restrictions on individuals’ risky behavior if for no other reason than to minimize the hit to the government’s budget? What then becomes of what’s left of individual freedom?

The coercion exercised by the government-medical complex is routinely defended as being for people’s own good: in this view, they are compelled to do only what they really wish to do but cannot because of addiction, mental illness, etc. To Szasz, this is “the authoritarian, religious-paternalistic outlook on life,” to which he responded: “I maintain that the only means we possess for ascertaining that a man wants to [for example] stop smoking more than he wants to enjoy smoking is by observing whether he stops or continues to smoke. Moreover, it is irresponsible for moral theorists to ignore that coercive sanctions aimed at protecting people from themselves are not only unenforceable but create black markets and horrifying legal abuse.”

Szasz added: “The issue comes down to whether the individual is viewed as a private person or as public property: the former has no obligation to the community to be or stay healthy; the latter does.”

We know how the “public health” lobby views the matter. When it panics over how much smokers “cost the economy” in lost productivity (through sick days and shorter lives), the lobby is proclaiming that Americans are indeed public property. How dare they enjoy themselves and risk their health at the expense of the economy, the people, the nation? (The Nazis and Bolsheviks followed this idea all the way.) In contrast, quaint classical liberals believe “the economy” — that is, the institutional framework for free exchange — exists to serve people. When the “public health” lobby advocates coercion for a person’s own good, in reality it does not speak of treatment and cure but of assault and battery — and perhaps torture. A medical relationship without consent is like a sexual relationship without consent. But few people understand that.

Perhaps sensing the flaw in the case for coercion based on preventing harm to self, much medical coercion is offered in the name of protecting others. There is a grain of truth here, of course. People can carry deadly communicable diseases. (Whether the state’s centralized bureaucracy is needed or competent to deal with this is another question.) But as the public-choice thinkers point out, state officials won’t be satisfied with such a narrow mission as protecting people from such diseases. Public-health jobs will tend to attract people dedicated to reforming other people’s “vices.” Inevitably, they will push the boundaries to acquire more power, money, staff, and prestige — all dedicated to breaking our “bad habits.” The alleged threat from second-hand smoke is in no way analogous to the immediate threat from a communicable disease. The former can easily be dealt with through contract and other voluntary arrangements but that doesn’t stop the public-health zealots from working to outlaw smoking in bars, restaurants, and even tobacco shops.

But what about the children? In a free society, families are responsible for raising children to be autonomous adults. Of course, this does not always happen, part of the reason being the government’s own obstacles, such as rotten schools for low-income kids. At any rate, history makes clear that government crusades, say to keep adolescents from doing “adult” things — such as drinking, smoking, and now vaping — only adds to their allure and has horrendous unintended consequences. Fruit is harder to resist when it is forbidden. Meanwhile, adults find themselves harassed — in the name of protecting the children — as they go about enjoying themselves.

Would life be perfect if “public health” were left to free and consenting adults in the free market? No, of course not. But a real-world free society should not be compared to an unreal and unrealizable utopia of all-wise, all-knowing, and all-good “public servants” who have only your health and welfare in mind. Rather, it should be compared to the real world of fallible, morally flawed, egotistical, self-serving, and centralized politicians and bureaucrats whose worldview is one where they give orders and you obey. Markets — which is to say, people in both profit-seeking and non-profit capacities — are capable of producing reliable consumer information and guidance, not to mention certifying the quality of products. They do it every day. Governments, after all, are comprised of nothing but human beings.

“Those who would give up essential liberty,” Benjamin Franklin might have said, “to purchase a little temporary health, deserve neither liberty nor health.”

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Which “Minarchy”?

I understand the appeal of minarchy. After all, it’s where I came from; what I used to advocate. Even though I knew I was an anarchist personally, I used to imagine minarchy as the most practical way to be as liberated as possible.

But minarchy– keeping a little bit of cancer around and under control to prevent a different cancer from getting a foothold– is an unsustainable Utopian fantasy. Much more so than anarchy could ever be.

And, it’s confused.

As a minarchist, which “minimal government” would you pick? Only things such as government fire protection, government policing, military, government-controlled roads, and government courts? Other minarchists might have other preferences. Some would include “securing the borders” or other Big Government welfare programs. Any version includes the “taxation” to pay for it all, along with the bureaucracy to collect and distribute the money and find and punish the opt-outs.

Does every minarchist get to impose the particular flavor of “minimal government” they want? If so, it is no longer “minimal”.

Do you use v*ting to decide which bits of government you get to impose on me? Then it’s mob rule– “might (through superior numbers) makes right”.

Through v*ting and “taxation” you’ve cut the brake line on anything holding back government growth.

As I say, I understand, but a “little bit of statism” is still evil.

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