Power & Market

Jeff Deist on the Accad and Koka Healthcare Podcast

11/19/2018The Editors

The Accad and Koka Report, hosted by two MDs, focuses on free-market approaches to medicine and health.

Drs. Michel Accad and Anish Koka recently hosted Mises Institute president Jeff Deist for a no-holds barred look at how Congress, the medical establishment, and lobbyists work together to make healthcare anything but free. Watch the interview here.

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Jeff Deist on the Kavanaugh Nomination, Civility, and "the Dregs of Society"

09/19/2018Jeff Deist

Jeff Deist joined Peter Lavelle on CrossTalk to discuss Brett Kavanaugh's Supreme Court nomination and the state of modern political discourse.

CrossTalk on Kavanaugh nomination: Dregs of society

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John McCain Combined Bombing with Wishful Thinking

09/05/2018James Bovard

The late Sen. John McCain is being lauded far and wide for his long career of public service.  Rep. John Lewis, the famous civil rights activist, hailed McCain as a “warrior for peace.” In reality, McCain embodied a mix of moralism and militarism that worked out badly for America and the world.

When he was awarded the Liberty Medal last October at the National Constitution Center in Philadelphia, McCain declared, "We live in a land made of ideals... We are the custodians of those ideals at home, and their champion abroad. We have done great good in the world.”  He warned that it would be “unpatriotic” to “abandon the ideals we have advanced around the globe.” But idealism has fared better in political speeches than in the lives of American soldiers or purported foreign beneficiaries...

McCain’s career illustrates the peril of exalting uplifting rhetoric over the lessons of history. There are plenty of nasty dictators in the world but U.S. military campaigns have dismally failed to spread democracy this century. America can no longer afford an idealism that consists of little more than combining bombing and wishful thinking.  

Read the full article at USA Today
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Judge Napolitano: Kavanaugh is an Enemy of the 4th Amendment

Today begins the Senate hearings on Supreme Court nominee Brett Kavanaugh. At Mises University this year, during a talk on how the courts disregard natural law in America, Judge Andrew Napolitano looked at some troubling moments in Judge Kavanaugh's legal career.

Here is a clip from that lecture:

Judge Andrew Napolitano: Brett Kavanaugh and the Patriot Act

In a discussion on natural law, Napolitano noted that Judge Kavanaugh had established a record of supporting government surveillance on Americans, even when there was not probable cause to believe a crime was being committed.

Kavanaugh's support for abuse of government power in this case, has been buttressed by the Patriot Act, one of the most anti-Fourth-Amendment pieces of legislation passed in recent decades.

Napolitano goes on to outline the many ways the Patriot Act violates the natural rights behind the Fourth Amendment, concluding:

"What young lawyer was the scrivener when they were putting together the Patriot Act?"

It was, of course, Brett Kavanaugh.

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Jeff Sessions Wants to Confiscate Your Guns

08/23/2018Ryan McMaken

At least some of them.

Last week, US Attorney General announced he plans to step up prosecutions of people who make "undetectable" firearms, such as the 3D-printed guns that have recently received attention. According to the AG's web site:

Statement of Attorney General Jeff Sessions on State of Washington v. U.S. Department of State:

The Department of Justice yesterday filed a brief in opposition to a preliminary injunction in the State of Washington v. U.S. Department of State, a case about 3D printed guns.

After the filing, Attorney General Jeff Sessions issued the following statement:

"Under federal law, it is illegal to manufacture or possess plastic firearms that are undetectable. Violation of this law is punishable by up to five years in prison. Such firearms present a significant risk to public safety, and the Department of Justice will use every available tool to vigorously enforce this prohibition. We will work with federal, state and local law enforcement to identify any possible cases for prosecution.

"We will not stand for the evasion, especially the flouting, of current law and will take action to ensure that individuals who violate the law by making plastic firearms and rendering them undetectable, will be prosecuted to the fullest extent."

Considering that sessions has also pledged to step up prosecutions of persons who use marijuana where it is legal under state law, one might be forgiven for coming to the conclusion that Jeff Sessions's favorite past time is locking peaceful Americans in prison. Sessions was so unhinged in his drive to intervene in state legal affairs that even GOP senators had to intervene to get the Trump administration to back off.

This, however, should not be surprising. As Mike Maharrey has pointed out, the Trump administration has been enthusiastically prosecuting a war on private gun ownership in recent years:

[D]uring Trump’s first term, ATF enforcement of federal gun laws increased in every single category compared to the last year Obama was in the White House.

We can start with the number of firearms cases investigated. In 2016, the final year of the Obama administration, the ATF investigated 31,853 firearms cases. During Trump’s first year, the agency investigated 35,302. That’s 3,349 more firearms cases than under Obama, a 10.81% increase. (See Footnote 1)

We see similar increases in other enforcement categories during Trump’s first year. There were 786 more cases recommended for prosecution, 789 more indicted cases, and 630 more defendants convicted. (See Footnote 2)

The ATF also investigates arson, cases involving explosives, and alcohol and tobacco cases, but these make up a small percentage of the total. Under Trump, 92% of the cases investigated by the ATF involved firearms. It was slightly less under Obama – 90%.

ATF enforcement of federal gun laws under Trump increased at roughly the same trajectory as it did during the last three years of Obama’s second term. In other words, the NRA-backed, GOP protector of the Second Amendment was no better than the Democratic Party gun-grabber,  and continued to ramp up enforcement of federal gun control.

It's unlikely, however, that Trump will receive any flack from this from Republicans. It's the usual song and dance: these are "illegal" guns, after all. So, respect for peaceful exchange and private property rights can just go right out the window. It's the usual blind spot of the "law and order" conservative.

But what's the difference between a legal gun and an illegal one? It's the same difference between a legal or illegal drug — or a legal and illegal immigrant. It's a totally completely arbitrary designation made up by legislators. If an employer wants to offer a job to a worker without the proper government paperwork? Well, that's "illegal," and the right of free contract goes right in the garbage. Someone wants to sell you a gun without filling out the proper government paperwork? Well, that's punishable with years in a government cage. That fact that all parties involved might be peaceful otherwise-law-abiding citizens is meaningless to government prosecutors.

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JRR Tolkien on the Danger of Centralized Political Power

08/01/2018Zachary Yost

At the recent Mises University, Jeff Deist and Ryan McMaken recorded a live edition of Mises Weekends focused on radical decentralization and addressing some of the points raised against it. While in this conversation and in many others related to it intellectual titans like Mises and Rothbard are invoked to support the decentralist view, many libertarians unfortunately fail to call upon one of the most articulate critics of centralized political power with unparalleled intellectual and cultural influence; JRR Tolkien. While Tolkien is no doubt a popular figure among many libertarians, an unfortunate unfamiliarity with his work on a deeper intellectual level often prevents his enormous cultural influence from being brought to bear against the forces of statism and centralization.

There is no need to wonder about Tolkien’s political leanings, as he made them quite explicitly clear in a 1943 letter to his son Christopher Tolkien (who would later edit a great many of Tolkien’s posthumous works) he wrote “My political opinions lean more and more to Anarchy (philosophically understood, meaning abolition of control not whiskered men with bombs) – or to 'unconstitutional' Monarchy.” In the same letter Tolkien continued that “Anyway the proper study of Man is anything but Man; and the most improper job of any man, even saints (who at any rate were at least unwilling to take it on), is bossing other men. Not one in a million is fit for it, and least of all those who seek the opportunity.”

With such political sentiments, it is hardly surprising then that Tolkien incorporates a disdain for centralized power and a warning about its seductive nature in his work. In The Lord of the Rings, perhaps Tolkien’s best known work, the story traces the journey to destroy the One Ring of Power and chronicles the various effects the potential to wield this power can have. Tolkien does not attempt to hide the nature of the Ring, its purpose is clearly labeled upon itself:“One ring to rule them all, one ring to bind them, one ring to bring them all and in the darkness bind them.” The One Ring is just that, one, singular, representative of a unitary will that imposes itself upon all.​

Sauron, the creator of the One Ring, is unambiguously evil, driven by a desire to impose his will and dominate all others. Yet, Tolkien’s message does not simply end with the idea that power should not rest in the hands of clearly evil tyrants, but rather penetrates much deeper into why centralized power by its very nature is too dangerous to exist.

One of the first characters to fall prey to the temptation of the Ring’s power is the wizard Saruman. Saruman’s reasoning for wanting power is quite simple and is certainly a sentiment that we hear everyday from the DC class. “The time of the Elves is over” he tells fellow wizard Gandalf, “but our time is at hand: the world of Men, which we must rule. But we must have power, power to order all things as we will, for that good which only the wise can see.” Such an attitude is all to common when it comes to the actual and aspiring members of the governing class who believe that they know best and are justified in imposing their kind hearted plans upon everyone else. Whether it is social democrats who believe they can plan the economy, or neo-conservatives who believe they can plan the entire world order and engage in “building” entire nations at the point of the gun in the Middle East, the world is full of wannabe Saruman’s fully convinced of their own wisdom and infallibility.

Tolkien examines in great psychological depth the process by which ordinary people end up abusing power, most poignantly in his creation of the Ring Wraiths; men who were once mighty kings who over time became subdued to Sauron’s will after accepting the nine rings of power gifted to men. Tolkien expert Dr. Thomas Shippey has said that “the Ringwraiths are Tolkien’s most original and distinctive image of evil” in part because they represent the danger that power poses in the hands of anyone, even oneself. Shippey calls this process by which ordinary people who begin with good intentions end up becoming corrupted and twisted as they acquire power the “wraithing process.” The use of the adjective “twisted” is quite intentional, as the word “wraith” stems from words such as wreath and writhe which are both twisted things. The etymology of “wraith” also draws upon the important element that wraiths are more defined by shape than by substance. According to Shippey, what fills this shape is ideology with power.

The suspicion is that people make themselves into wraiths. They accept the gifts of Sauron, quite likely with the intention of using them for some purpose which they identify as good. But then they start to cut corners, to eliminate opponents, to believe in some ‘cause’ which justifies everything they do. In the end the ‘cause’, or the habits they have acquired while working for the ‘cause’, destroys any moral sense and even any remaining humanity. The spectacle of the person ‘eaten up inside’ by devotion to some abstraction has been so familiar throughout the twentieth century as to make the idea of the wraith, and the wraithing-process, horribly recognizable, in a non-fantastic way.1

The dangers of the wraithing-process by which ordinary people end up becoming consumed by ideological power and committing atrocities are known all too well to anyone familiar with the bloody history of the 20th Century, a century in which, with bureaucratic efficiency, millions were exterminated in the ideological crusades of the USSR, Nazi Germany, and Communist China among others. According to Shippey, Tolkien’s portrayal of evil through the wraithing-process “is a curiously distinctive image of evil, and… a very unwelcome one because what it says is it could be you and under the right circumstances, or I should say the wrong circumstances, it will be you.”

While there is still much left to unpack from Tolkien’s prodigious body of work, one of his central theses is very clear: centralized power is too dangerous to be allowed to exist. If concentrated power exists people will be corrupted by it. This important point cannot be ignored in arguments for decentralization.

  • 1. Shippey, Tom J.R.R. Tolkien: Author of the Century pg. 125
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Jeff Deist on the Tom Woods Show: Is the Term “Libertarian” Still Useful?

Jeff Deist joined the Tom Woods Show yesterday to discuss whether the term "Libertarian" is still useful.

To quote Tom Woods, "This one’s a doozy, my friends."

Listen here.

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Judge Napolitano on Trump's Tariff Disaster

03/28/2018Ryan McMaken

Judge Andrew Napolitano and Gerri Willis discuss Trump's new tariffs and how they will affect everyday Americans.

Not surprisingly, Napolitano takes strong anti-tariff views, and also notes it's unconstitutional for the President to impose taxes without the explicit approval of Congress. wishing to dodge responsibility, however, the Congress has abandoned its role in taxation. 

Willis goes on to note that while some workers in the steel industry will likely benefit from the tariffs, the vast majority of workers will be hurt. After all, only 200,000 workers nationwide are involved in steel, but many millions more work in steel-dependent industries. Costs will rise in those industries, making them less competitive.

Judge Nap: Why impose tariffs if they'll hurt Americans?

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Justin Raimondo on the "Libertarian Remnant"

03/22/2018Jeff Deist

The always provocative Justin Raimondo, longtime editor of Antiwar.com, has a new column in Chronicles Magazine that asks a very simple question: Whatever happened to the libertarian movement?

It's a question worth asking, especially given the multifarious disagreements over what "libertarian" even means at this point. This may be the natural result of growth; more people means more disagreement over principles and terms. But is libertarianism really growing on a per capita basis in the US, outpacing population growth? Depending on the source, libertarian-ish Americans are anywhere from a discouraging 2% to an optimistic 20% of the electorate. If in fact liberty-minded people represent only a single-digit percentage of all Americans, we may face a reality described by Lew Rockwell as "the smaller the movement, the greater the factions within it".

In Raimondo's view, the movement he grew up with was unified in its overarching concern with, and opposition to, state power:

The Three Pillars of the libertarian platform—economic freedom, civil liberties, and a noninterventionist foreign policy—were practically uncontested. While no one could accuse us of avoiding internal debates over abstruse issues that were of interest only to committed ideologues (it often seemed to me as if libertarians did little else!), we basically knew what we believed. Not only that, but we stuck to it. There was talk of “transitional programs,” and debate over which issues to emphasize, but there was a basic unity of vision in that none of us ever sought to justify any extension of state power. We didn’t side with the state. We saw ourselves as radicals, with the Establishment on the other side of the barricades being typically corporate liberal.

This conception of libertarianism gets it right, in my view. War and peace, central banking, and state power (i.e. civil liberties, spying, taxes, regulations, drug war) are the three areas where libertarians should agree. And a focus on these fundamental and timeless issues eliminates many questions about cultural preferences, Left vs. Right, and "thick vs. thin."

It is precisely when we veer away from core concerns that libertarians get into trouble, as Raimondo posits. Watering down the non-interventionist message, fretting over RussiaGate or gay marriage, siding with intelligence agencies, and jettisoning the primary focus on coercive statism has left the movement watered-down, listless, and unrecognizable. 

In response, Raimondo calls for the "remnant" of "Old Libertarianism" to stand against an ideological degeneration that cedes too much to the Left's cultural precepts and the Right's neoconservative foreign/intelligence policy:

The last remnants of the Old Libertarianism—the wonderful folks at the Mises Institute, the Ron Paul groups—are doing a great job.  But I’m afraid that their role, at this point, is to keep the Remnant intact, and hope for better days to come. The ideological degeneration of “official” libertarianism is not only far advanced but a threat to the future of liberty itself. The sheer insanity of a “libertarian” siding with the most unaccountable and coercive sectors of the state apparatus, the “intelligence community,” in their quest to overthrow a sitting President is something I would have thought inconceivable. But that was back when the world made sense.  Now, the “libertarians” are either clowns or apologists for power.

It's nice of Mr. Raimondo to praise the Mises Institute. But his thesis, that liberty is in a holding pattern against the dominant political powers of Trumpism, progressivism, SJWism, and neoconservatism, is worthy of consideration. Do we water down the message to grow, do we engage in politics, do we "whisper in the ear of the king," as he puts it?

There are arguments to be made for political educational, and cultural strategies. The late Murray Rothbard certainly advocated a multi-pronged approach. But given recent attacks on the Koch brothers as the source of all evil on campuses, and even against the soft sell of "classical liberalism," it's time to consider what exactly is advanced by steering libertarianism away from a rigorous opposition to state power. 

 

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Judge Napolitano's Commencement Address at Faulkner University

Allen Mendenhall, Associate Dean at Thomas Goode Jones School of Law and Executive Director of the Blackstone & Burke Center for Law & Liberty, introduces Judge Andrew Napolitano, Senior Legal Analyst at Fox News, who delivers the commencement address to the 2017 graduating class of Thomas Goode Jones School of Law and receives an honorary doctorate for his distinguished career. Recorded May 13, 2017.

Judge Andrew Napolitano Commencement Address (May 13, 2017)

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