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The States and the Constitution

The Constitution of the United States is preceded by a famous preamble, which begins with the more-famous phrase, “We the People.” The phrase signifies nothing more than sheer presumption on the part of the signatories to the Constitution. They were not “the people”; they were delegates from 12 of the 13 States who took it upon themselves to draft a new constitution rather than propose amendments to the Articles of Confederation.

Among the myths surrounding the Constitution is one that goes like this: The Constitution became a document of “the people” when it was ratified by delegates to ratification conventions that were held in the various States. I have elsewhere exposed the emptiness of this claim:

1. The Constitution was a contract, but not a contract between “the people.” It was a contract drawn by a small fraction of the populace of twelve States, and put into effect by a small fraction of the populace of nine States. Its purpose, in good part, was to promote the interests of many of the Framers, who cloaked those interests in the glowing rhetoric of the Preamble (“We the People,” etc.). The other four of the original thirteen States could have remained beyond the reach of the Constitution, and would have done so but for the ratifying acts of small fractions of their populations. (With the exception of Texas, formerly a sovereign republic, States later admitted weren’t independent entities, but were carved out of territory controlled by the government of the United States. Figuratively, they were admitted to the union at the point of a gun.)

2. Despite their status as “representatives of the people,” the various fractions of the populace that drafted and ratified the Constitution had no moral authority to bind all of their peers, and certainly no moral authority to bind future generations….

In the same post I counsel a cynical view of the Constitution:

4. The Constitution contains provisions that can be and sometimes have been applied to advance liberty. But such applications have depended on the aims and whims of those then in positions of power.

5. It is convenient to appeal to the Constitution in the cause of liberty, as Spooner did, but that doesn’t change the fact that the Constitution was not and never will be a law enacted by “the people” of the United States or any State thereof.

6. Any person and any government in the United States may therefore, in principle, reject the statutes, executive orders, and judicial holdings of the United States government (or any government) as non-binding….

The Constitution may be a legal fiction, but — as I’ve said — it’s a useful fiction when its promises of liberty can be redeemed.

Nevertheless, it irritates me when I read claims that the Constitution is somehow a creature of “the people” at the time of its adoption. If the Constitution had any legal standing at the time of its adoption, it stood as a contract among the governments of the ratifying States. As I say here:

The Constitution of the United States was born as a contract among nine States. Each of the nine States was authorized to join the new union by a convention of “the people” of their State.

In joining the new union, [the governments and some of] the people of nine States voluntarily created the central government and, at the same time, voluntarily granted certain, limited powers to it…. State subsequently admitted to the union has entered into the same contract with the central government.

Here, for example, is Timothy Sandefur, waxing romantic:

These sources [the writings of several Framers of the original Constiution] reveal how well understood was the central fact that the Constitution was a government of the whole people of the United States, not a league or treaty of states in their corporate capacities, as the compact theory would have it.

That passage is lifted from a paper to which Sandefur refers in this post. Ironically, in the same post Sandefur defers to Lysander Spooner, who disdained the idea that the Constitution was a creature of the “whole people.” In fact, Spooner explicitly characterized the Constitution as a compact (i.e., contract), but one that could bind only those who subscribed to it at the time of its adoption. Spooner saw the Constitution as a useful legal instrument to be wielded against slavery. It was Spooner’s cynicism that inspired my own view of the Constitution as a convenient tool for the advancement of liberty.

Now, to scratch the irritating itch: the claim that the Constitution is something more than a compact between the States.

How could it be anything more, when Article VII of the Constitution leads with this?

The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.

James Madison, in a letter to Daniel Webster dated March 15, 1833, addresses

the question whether the Constitution of the U.S. was formed by the people or by the States, now under a theoretic discussion by animated partizans.

Madison continues:

It is fortunate when disputed theories, can be decided by undisputed facts. And here the undisputed fact is, that the Constitution was made by the people, but as imbodied into the several states, who were parties to it and therefore made by the States in their highest authoritative capacity…. [emphasis added]

Moving closer in time to the ratification of the Constitution, this is from Madison’s report on the Virginia Resolutions of 1798, a report that was adopted by the General Assembly of Virginia in January 1800:

The third resolution is in the words following:–

“That this Assembly doth explicitly and peremptorily declare, that it views the powers of the federal government, as resulting from the compact to which the states are parties, as limited by the plain sense and intention of the instrument constituting that compact–as no further valid than they are authorized by the grants enumerated in that compact; and that, in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the states who are parties thereto have the right, and are in duty bound, to interpose, for arresting the progress of the evil and for maintaining, within their respective limits, the authorities, rights, and liberties, appertaining to them.”…

The resolution declares, first, that “it views the powers of the federal government as resulting from the compact to which the states are parties;” in other words, that the federal powers are derived from the Constitution; and that the Constitution is a compact to which the states are parties….

The other position involved in this branch of the resolution, namely, “that the states are parties to the Constitution,” or compact, is, in the judgment of the committee, equally free from objection…. [I]n that sense the Constitution was submitted to the “states;” in that sense the “states” ratified it; and in that sense of the term “states,” they are consequently parties to the compact from which the powers of the federal government result….

The Constitution of the United States was formed by the sanction of the states, given by each in its sovereign capacity…. [emphasis added]

Finally, in The Federalist No. 39, which informed the debates in the various States about ratification,  Madison says that

the Constitution is to be founded on the assent and ratification of the people of America, given by deputies elected for the special purpose; but, on the other, that this assent and ratification is to be given by the people, not as individuals composing one entire nation, but as composing the distinct and independent States to which they respectively belong. It is to be the assent and ratification of the several States, derived from the supreme authority in each State, the authority of the people themselves….

That it will be a federal and not a national act, as these terms are understood by the objectors; the act of the people, as forming so many independent States, not as forming one aggregate nation, is obvious from this single consideration, that it is to result neither from the decision of a majority of the people of the Union, nor from that of a majority of the States. It must result from the unanimous assent of the several States that are parties to it, differing no otherwise from their ordinary assent than in its being expressed, not by the legislative authority, but by that of the people themselves. Were the people regarded in this transaction as forming one nation, the will of the majority of the whole people of the United States would bind the minority, in the same manner as the majority in each State must bind the minority; and the will of the majority must be determined either by a comparison of the individual votes, or by considering the will of the majority of the States as evidence of the will of a majority of the people of the United States. Neither of these rules have been adopted. Each State, in ratifying the Constitution, is considered as a sovereign body, independent of all others, and only to be bound by its own voluntary act…. [emphasis added]

Given the foregoing, I conclude that as a matter of law:

  • The Constitution is a contract between the States.
  • Through the Constitution, the federal government is the creature of the States.
  • The States may, in accordance with the provisions of the Constitution, modify and withdraw from the federal government any powers granted to it, and any powers that it has arrogated to itself despite the limitations of the Constitution.

A key provision is found in Article V:

…[O]n the Application of the Legislatures of two thirds of the several States, [Congress] shall call a Convention for proposing Amendments, which … shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress….

Senator Tom Coburn (R-Oklahoma), who will soon retire, plans to push hard for an Article V convention: “Coburn has been in contact with Michael Farris, the chancellor of Patrick Henry College, and Mark Meckler, the president of Citizens for Self Governance, who are leading a push for a convention of the States.” For more information about the effort, visit the website of Citizens for Self Governance, sign up for e-mail updates, and donate to the cause if you can.

An Article V convention isn’t the only possible way to rein in our lawless federal government. I discuss several options here.

Signature

 

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Related reading:
Thomas H. Neale, The Article V Convention to Propose Amendments to the Constitution: Contemporary Issues for Congress, Congressional Research Service, April 11, 2014
Robert Berry, “Article V Movement Gathers Steam, Critics Seethe,” American Thinker, April 27, 2014
Donald W. Livingston, “Lincoln’s Inversion of the American Union,” The Imaginative Conservative,  August 12, 2014
Tenth Amendment Center, The State of the Nullification Movement, 2014

Related posts:
Who Are the Parties to the Constitutional Contract?
How to Think about Secession
Secession
A New, New Constitution
Secession Redux
A New Cold War or Secession?
The Real Constitution and Civil Disobedience
A Declaration of Independence
First Principles
The Constitution: Original Meaning, Corruption, and Restoration
Re-Forming the United States
The Southern Secession Reconsidered
A Declaration of Civil Disobedience
Our Perfect, Perfect Constitution
Reclaiming Liberty throughout the Land
Secession, Anyone?
Secession for All Seasons
A New Constitution for a New Republic
Restoring Constitutional Government: The Way Ahead
“We the People” and Big Government
How Libertarians Ought to Think about the Constitution

Busting the Bubble-Predictors

ADDENDUM BELOW

Scott Sumner has some thoughts on the subject. Sumner debunks the bubble-prediction prowess of Robert J. Shiller, and concludes with this:

[Shiller's] stock market model has done very poorly since 2010, when his model suggested the S&P500 was 20% overvalued. At the time it was at 1070! [It closed on Friday, August 30, at 2003.]

We all make either implicit or explicit forecasts about the markets. If we later notice market movements that seem to align with our initial forecasts we tend the pat ourselves on the back and assume the forecasts were correct. This is just one of many cognitive biases that we human beings are prone to. My suggestion is to pay no attention to bubble forecasts. They are useless. Indeed the entire bubble concept is useless.

Shiller’s model relies heavily on an indicator that he devised: CAPE-10 (10-year cyclically adjusted price-earnings ratio). A current graph and the underlying data can be found here.

One problem with CAPE-10 — though not the only problem — is knowing when the market is “too high.” What is the norm against which current stock prices should be evaluated? It seems that a lot of weight is given to the trend since January 1871, which is how far back Shiller has reconstructed the value of the S&P 500 Index. (He calls it the S&P Composite, which is a broader index of 1,500 stocks — but he uses values for the S&P 500.)

January 1871 is an arbitrary date, of course. There have been many trends in the intervening 143 years. Consider some of the trends that began in January 1871:

Cyclically adjusted price-earnings ratio

Of the trends shown in the graph, only the trend through 1901 and the trends through 1999 and the present have been positive. The current trend (heavy black line) is the longest. Does that make it “normal”? Well, “normal” will shift up and down as the series extends into the future.

Many other trends can be concocted; for example 1901-1920 (negative); 1920-1929 (positive); 1929-1932 (negative); 1932-1937 (positive); 1937-1942 (negative); 1942-1966 (positive); 1966-1982 (negative); 1982-1999-positive; and 1999-March 2014 (negative). Take your pick, or concoct your own.

When it comes to stock prices, a trend is a useless concept. It’s manufactured from hindsight, and has no predictive value.

What about the relationship between CAPE-10 and price growth in subsequent years? Shiller made much of this in his non-prediction of 1996. (See his “Valuation Ratios and the Long-Run Stock Market Outlook.”) There is, as you might expect, a generally negative relationship between CAPE-10 and subsequent stock-price returns.

Real price growth in 15 years vs CAPE-10

But the relationship for 1871-2014 (shown above) is so loose as to be useless as a predictor. One might, as Shiller did, select a subset of the data and focus on the relationship for that subset, which is almost certain to be tighter than the relationship for the entire data set. But which subset should one choose? The correct answer — if there is one — becomes obvious only in hindsight. And by the time hindsight comes into play, the relationship will no longer hold.

I said it more than 30 years ago, and I stand by it: Trends were made to broken.

And we never know when they will break.

ADDENDUM (09/03/14):

The focus on stock prices is much ado about relatively little. The rate of real growth in the S&P index since January 1871 is 1.8 percent a year. For the same period, he rate of real growth in the S&P index with dividends reinvested is 6.6 percent a year. Huge difference:

S&P index - real price growth and returns

As of June 2014, the green line had increased 12,750-fold; the blue line, only 23-fold.

Buy and hold” should be: Buy, reinvest dividends, and hold.

Poverty, Crime, and Big Government

Dr. James Thompson (Psychological Comments) reports the results of a thorough study of the link between poverty and crime. Near the end of the piece, Dr. Thompson quotes The Economist‘s summary of the study’s implications:

That suggests two, not mutually exclusive, possibilities. One is that a family’s culture, once established, is “sticky”—that you can, to put it crudely, take the kid out of the neighbourhood, but not the neighbourhood out of the kid. Given, for example, children’s propensity to emulate elder siblings whom they admire, that sounds perfectly plausible. The other possibility is that genes which predispose to criminal behaviour (several studies suggest such genes exist) are more common at the bottom of society than at the top, perhaps because the lack of impulse-control they engender also tends to reduce someone’s earning capacity.

Neither of these conclusions is likely to be welcome to social reformers. The first suggests that merely topping up people’s incomes, though it may well be a good idea for other reasons, will not by itself address questions of bad behaviour. The second raises the possibility that the problem of intergenerational poverty may be self-reinforcing, particularly in rich countries like Sweden where the winnowing effects of education and the need for high levels of skill in many jobs will favour those who can control their behaviour, and not those who rely on too many chemical crutches to get them through the day.

In brief, there is a strong connection between genes and criminal behavior. Inasmuch as there are also strong connections between genes and intelligence, on the one hand, and intelligence and income, on the other hand, it follows that:

  • Criminal behavior will be more prevalent in genetic groups with below-average intelligence.
  • Poverty will be more prevalent in genetic groups with below-average intelligence.
  • The correlation between crime and poverty must, therefore, reflect (to some extent) the correlation between below-average intelligence and poverty.

As The Economist notes “merely topping up people’s incomes … will not by itself address questions of bad behaviour.” This would seem to contradict my finding of a strongly negative relationship between economic growth and the rate of violent-and-property crime.

But there is no contradiction. Not all persons who commit crimes are incorrigible. At the margin, there are persons who will desist from criminal activity when presented with the alternative of attaining money without running the risk of being punished for their efforts.

How much less crime would there be if economic growth weren’t suppressed by the dead hand of big government? A lot less.

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Related posts:
Crime, Explained
Lock ‘Em Up
Estimating the Rahn Curve: Or, How Government Spending Inhibits Economic Growth
Race and Reason: The Achievement Gap — Causes and Implications
“Conversing” about Race
Evolution and Race
“Wading” into Race, Culture, and IQ

Walking the Tightrope Reluctantly

A friend sent me a link to Peter Baker’s recent article in The New York Times, “As World Boils, Fingers Point Obama’s Way” (August 15, 2014). You can read it for yourself. This was my initial reaction:

All the world’s a stage…

…and whether the play’s a tragedy, or not, seems to depend on how its critics (the media) depict it.

Obama’s policy toward the Middle East seems to have been based on wishful thinking about rapprochement with “progressives” in the Middle East. His underlying “strategy” of disengagement hasn’t gone unnoticed, especially because it’s consistent with the continued shrinkage of U.S. military power.

This mixture of bumbling and willful impotence could only have invited aggressive moves — even  though not aimed directly at the U.S. Thus Putin’s adventures and the growing militancy of China may seem to flow from Obama’s handling of foreign and defense policy. Would such things have happened anyway? Perhaps. They certainly did in the past, and in ways more directly threatening to U.S. interests (from the Berlin blockade to the Cuban missile crisis). But memories are short, and it’s easy to think of the relatively quiescent decade after the first Gulf War as the norm.

If the aggressiveness continues, and especially if it’s aimed more directly at U.S. interests, the next administration — and the public — will come face to face with the crucial choice: Withdraw more completely or reengage (with requisite rearmament). Obama has tried to walk a tightrope between the two alternatives, but it’s a tightrope that can’t be walked for long.

Having given the matter more thought, I must add that Obama is walking the tightrope reluctantly. He cannot overtly abandon the world stage and leave American interests entirely unprotected. That way lies greater disgrace than he is almost certain to endure, if not removal from office.

But aside from that consideration — and no other — Obama would make America into a “pitiful, helpless giant.” I turn (not for the first time) to Norman Podhoretz:

… [A]s astute a foreign observer as Conrad Black can flatly say that, “Not since the disintegration of the Soviet Union in 1991, and before that the fall of France in 1940, has there been so swift an erosion of the world influence of a Great Power as we are witnessing with the United States.”

Yet if this is indeed the pass to which Mr. Obama has led us—and I think it is—let me suggest that it signifies not how incompetent and amateurish the president is, but how skillful. His foreign policy, far from a dismal failure, is a brilliant success as measured by what he intended all along to accomplish….

… As a left-wing radical, Mr. Obama believed that the United States had almost always been a retrograde and destructive force in world affairs. Accordingly, the fundamental transformation he wished to achieve here was to reduce the country’s power and influence. And just as he had to fend off the still-toxic socialist label at home, so he had to take care not to be stuck with the equally toxic “isolationist” label abroad.

This he did by camouflaging his retreats from the responsibilities bred by foreign entanglements as a new form of “engagement.” At the same time, he relied on the war-weariness of the American people and the rise of isolationist sentiment (which, to be sure, dared not speak its name) on the left and right to get away with drastic cuts in the defense budget, with exiting entirely from Iraq and Afghanistan, and with “leading from behind” or using drones instead of troops whenever he was politically forced into military action.

The consequent erosion of American power was going very nicely when the unfortunately named Arab Spring presented the president with several juicy opportunities to speed up the process. First in Egypt, his incoherent moves resulted in a complete loss of American influence, and now, thanks to his handling of the Syrian crisis, he is bringing about a greater diminution of American power than he probably envisaged even in his wildest radical dreams.

For this fulfillment of his dearest political wishes, Mr. Obama is evidently willing to pay the price of a sullied reputation. In that sense, he is by his own lights sacrificing himself for what he imagines is the good of the nation of which he is the president, and also to the benefit of the world, of which he loves proclaiming himself a citizen….

No doubt he will either deny that anything has gone wrong, or failing that, he will resort to his favorite tactic of blaming others—Congress or the Republicans or Rush Limbaugh. But what is also almost certain is that he will refuse to change course and do the things that will be necessary to restore U.S. power and influence.

And so we can only pray that the hole he will go on digging will not be too deep for his successor to pull us out, as Ronald Reagan managed to do when he followed a president into the White House whom Mr. Obama so uncannily resembles. (“Obama’s Successful Foreign Failure,” The Wall Street Journal, September 8, 2013)

Jackson Diehl offers wise counsel about the situation in Iraq, where Obama snatched defeat from the jaws of victory: “To fix foreign policy mistakes, President Obama must first admit them” (The Washington Post, August 14, 2014). But the headline says it all — Obama won’t admit his deliberate “mistakes” in Iraq, or anywhere else.

No, he’d rather play the victim of G.W. Bush’s decisions and world events beyond his control. (See Peter Wehner’s “Obama Still Feeling Sorry for Himself,” Commentary, August 17, 2014.) Petulant whining is unattractive, but it’s better (for Obama) to be called a whiner than to be outed as a traitor.

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Related reading:
James A. (Ace) Lyons (Admiral, USN, retired), “The fallout from foreign policy malfeasance and nonfeasance,” The Washington Times, August 14, 2014)
Ed Lasky, “Obama’s Willful Blindness,” American Thinker, August 25, 2014

Related posts:
Why Sovereignty?
Liberalism and Sovereignty
Delusions of Preparedness
A Grand Strategy for the United States
The Folly of Pacifism
Why We Should (and Should Not) Fight
Rating America’s Wars
Transnationalism and National Defense
The Folly of Pacifism, Again
Patience as a Tool of Strategy
Defense as an Investment in Liberty and Prosperity
The Barbarians Within and the State of the Union
The World Turned Upside Down
Defense Spending: One More Time
The Fall and Rise of American Empire
Presidential Treason

Round Up the Usual Suspects

UPDATED BELOW

From Obama’s remarks about events in Ferguson, Missouri:

[I[t’s important to remember how this started.  We lost a young man, Michael Brown, in heartbreaking and tragic circumstances.

Yes, let’s remember how “this” started:

A suburban St. Louis police chief on Friday identified the officer whose fatal shooting of an unarmed black teenager ignited days of heated protests, and released documents alleging the teen was killed after a robbery in which he was suspected of stealing a $48.99 box of cigars.

Ferguson, Mo., Police Chief Thomas Jackson said that the robbery took place just before noon on Saturday at a nearby convenience store roughly 10 minutes before a police officer identified as Darren Wilson fired the bullet that killed Michael Brown. Police say that the shot was fired after a struggle touched off by Wilson’s confronting Brown. Jackson said Wilson is a six-year veteran with no disciplinary action on his record….

Police released still images and were planning to release video [here] from the robbery, at a QuikTrip store in Ferguson. Jackson said Wilson, along with other officers, were called to the area after a 911 call reporting a “strong-arm robbery” at a nearby convenience store….

According to the police reports, Brown and his friend, Dorian Johnson, were suspected of taking a box of cigars from a store in Ferguson that morning…. [Johnson has since confirmed that he and Brown committed the theft.]

Police have said Brown was shot after an officer encountered him and another man on the street. They say one of the men pushed the officer into his squad car, then physically assaulted him in the vehicle and struggled with the officer over the officer’s weapon. At least one shot was fired inside the car before the struggle spilled onto the street, where Brown was shot multiple times, according to police.

Why am I inclined to believe the account offered by the police chief? Because the “martyrdom” of Michael Brown bears an uncanny resemblance to previous cases involving “blameless” victims; for example:

  • the “rape” of Tawana Brawley, a black female
  • the fatal beating of Matthew Shepard, supposedly because of his homosexuality (more here)
  • the “rape” of a black female members of Duke University’s lacrosse team
  • the media lynching and unwarranted prosecution of George Zimmerman for defending himself from a violent punk named Trayvon Martin.

The “usual suspects” in the Ferguson fiasco are Obama, “liberals,” and (pseudo) libertarians. Obama converted a local problem into a federal issue, à la Trayvon Martin. “Liberals,” as usual, chose to depict a black thug as a victim.”Liberals” and (psuedo) libertarians (i.e., most self-styled libertarians) — speaking from the comfort of their affluent enclaves, where they rarely encounter thugs like Martin and Brown — began to shout “police brutality” without benefit of the facts.

Do I have all of the facts? Of course not. But I’m not the one who’s rushing to proclaim another innocent victim at the hands of a brutal policeman. If it turns out that the policeman deliberately shot a non-threatening victim, I’ll be the first to acknowledge it.

UPDATE 1 (08/18/14): It seems that Brown was not shot in the back. Nor does it seem that he was shot at very close range, that is, close enough to leave powder burns on skin or clothing:

This seems to contradict the statements of Brown’s friend, Dorian Johnson, who said the officer … grabbed Brown’s neck with one hand and shot him with the other.

The location of the bullet wounds, especially one in the top of the head, suggests that Brown was “giving up, or … charging forward at the officer.” My money is on “charging forward” — all 6’4″ and 292 pounds of him. Thus the seemingly large number of shots (six), which probably were fired in rapid succession. Why? Here’s an analogy: When a beast charges a hunter, the hunter doesn’t shoot once; he keeps shooting until he runs out of bullets or the beast drops dead.

UPDATE 2 (08/19/14): Consider the source, but this version of the shooting is consistent with the (plausible) explanation offered in Update 1.

UPDATE 3 (09/07/14): Speaking of (pseudo) libertarians, I just happened across this post, in which the author empathizes with the destructive goons of Ferguson; for example:

I cannot possibly imagine the rage and indignation that I would feel if I were regularly accosted by the police, questioned, detained, searched, arrested, or even just heckled. Or even just ignored when I needed help. I would feel not like a citizen but like a subject. Not like a fellow American, but like a detained, suspected, alien.

Jefferson said that he thought this the strongest government on earth, “the only one where every man, at the call of the law, would fly to the standard of the law, and would meet invasions of the public order as his own personal concern.” If many black and Hispanic Americans, and the residents of our inner cities, do not feel this way–especially after four decades of an unconstitutional, unwinnable, immoral war on drugs–well, I find it hard to blame them.

Where is the outrage about the high rates of “real crime” committed by blacks against persons and property? Where is the hint of understanding that socioeconomic status is related to intelligence? Where is the condemnation of a culture that fosters crime and indolence? For some relevant background, see “The Freespace Posts,” especially the third of the introductory paragraphs.

UPDATE 4 (09/18/14): An experienced police officer with no stake in the Brown case offers a convincing analysis (which just happens to parallel mine):  http://chrishernandezauthor.com/2014/08/24/a-dose-of-reality-for-ferguson-missouri/

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Related posts:
Obama’s Latest Act of Racism
Not-So-Random Thoughts (III) (see “Trayvon, George, and Barack”)
Left-Libertarians, Obama, and the Zimmerman Case

The Criminality and Psychopathy of Statism

Government is actually the worst failure of civilized man. There has never been a really good one, and even those that are most tolerable are arbitrary, cruel, grasping and unintelligent.

H.L. Mencken

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From Bryan Caplan, writing at EconLog:

If a private individual did what governments do, almost everyone would call him a criminal.  If I took your money without your consent, I’d be a thief.  If I forced you to work for me, I’d be slaver.  If I killed you, I’d be a murderer – even if you “provoked” me by resisting my demands for your money and labor.  Note further: We’d still make these judgments even if I was acting if “for your own good” or “to help the poor.” (scare quotes optional!)  But somehow when government does it, we change the names and our moral evaluation….

If you put aside all the propaganda, states are gangs of glorified criminals.

I often disagree with Caplan (usually about immigration and defense), but not this time. For example, I have argued that

taxation for the purpose of redistribution is slavery (see number 2 in the second set of definitions). It amounts to the subjection of one person (the taxpayer) to other persons: deadbeats, do-gooders, and  demagogues. If “slavery” is too strong a word, “theft” will do quite well.

I hasten to add that most of the state’s minions don’t think of themselves as criminals. That’s because (a) they don’t think deeply, they just do what they’re paid and told to do (Befehl ist Befehl), and (b) they’ve been brain-washed into believing that the state (as long as it’s their state) can do no wrong. (Well, it can do no wrong today, though its past wrongs are sometimes seen as such through the lens of hindsight.)

If the “criminal” label applies to anyone, it applies to the politicians whose wishes are their minions’ commands. Criminality is a manifestation of psychopathy: a common trait among leftist politicians and the pundits and academicians whose facile rationalizations for statism give aid and comfort to leftist causes. Here is a small sample of John J. Ray’s monograph-length analysis of psychopathy and leftism:

[A]lthough all sorts of different people can be Leftist in one way or another, there would seem to remain a core Leftist type — seen at its clearest among Leftist academics and intellectuals. Although such people form only a small fraction of the total population, their influence and their grasp on the levers of power in the media, in the bureaucracy, in the universities and, at times, in politics, make what they think, say and do very important indeed. And it is my contention that this type is eerily reminiscent of a well-known psychiatric category: The psychopath. So the ULTIMATE explanation for all the core characteristics of Leftism that have been described so far lies in many Leftists being sub-clinical psychopaths.

The characteristics of the clinical psychopath can be summed up as follows: He is not obviously “mad”; he is often highly intelligent; he is unmoved by brutality (except to enjoy perpetrating it); he has no moral or ethical anchors or standards; he is deeply (but discreetly) in love with himself (narcissism) so secretly despises others and thinks they are fit only to be dominated and exploited by him and those like him; he is a great manipulator who loves getting others to do his bidding by deception or otherwise; he is the master of the lie and the false pretence but sees no reason to be consistent from occasion to occasion; he will say anything to gain momentary praise or admiration; his only really strongly felt emotions seem to be hate and contempt and he is particularly enraged by those who have what he wants and will be totally unscrupulous in trying to seize what others have for himself. But above all, the psychopath does not seem to be able to tell right from wrong and, as a result, does sometimes commit or connive at murders and other heinous crimes with what seems to be a clear conscience.

That seems to me to constitute, by and large, a fairly comprehensive description of your average Left-wing intellectual…

Obama … exemplifies psychopathic “flexibility” about what he supports.  He says whatever will please his audience of the moment, regardless of taking quite different stands on other occasions.   ‘At the 2014 National Prayer Breakfast  he warned that “freedom of religion is under threat… around the world.” He neglected to mention, however, that organizations like Little Sisters of the Poor and Hobby Lobby are suing his administration because they object to contraceptives mandated under ObamaCare in violation of their religious views. Even more astoundingly, Obama claimed, “We… believe in the inherent dignity of every human being,” and “the killing of the innocent is never fulfilling God’s will; in fact, it’s the ultimate betrayal of God’s will.” Remember, this is a man who supports abortion under any and all circumstances, even in its most appalling partial-birth form, and who once told Planned Parenthood “God bless you.” The seemingly total lack of self-awareness is beyond shocking but is classical psychopathy….

American “liberals” … often say that not all Leftists are as nasty as Stalin, Hitler, Castro, Pol Pot, Mao, Kim Jong Il and all the other lovely “socialists” who have gained unrestricted power. Some American “liberals” even say … that they hate such “totalitarians” or “authoritarians”. So if “liberals” hate Communists, how come they were apologizing for the Soviets and praising them and trying to protect them almost up to the day that the Soviet Union imploded? Even to this day, to have been a Communist in the past is treated most indulgently in “liberal” intellectual circles — as no more than excessive idealism or as having been “a liberal in a hurry”. And what American “liberal” has ever said a bad word about Castro?… U.S. “liberalism” is just an attempt to achieve the old Communist goal of enforced “equality” in a gradual, step-by-step way. They are just “slowed down” Communists and like the Communists, their real motive for seeking equality is not “compassion” but hatred of other people’s success….

Another absolutely characteristic feature of psychopaths is their readiness to lie and lie shamelessly. And to this day I have never quite managed to get used to the way many Leftists seem to be completely uninterested in the truth. And this is another way in which the Leftists of today differ not at all from the Leftists of the Cold War era….

A more subtle form of dishonesty is the great absurdity of the policies that Leftists have often advocated. Policies such as rent-control and nationalization of industry have a superficial attraction that guaranteed that they would be widely tried but who could honestly advocate them once it is apparent how badly they work? Certainly not a person who had the welfare of the people at heart. Such policies have only ever delivered poverty and housing shortages. Why have Leftists advocated such nostrums for so long?…

[T]he famous Leftist call for abolition of wealth and income differentials would surely lead one to expect that Leftists would reject materialistic ambition in their own lives. But it is not so. Although Leftists seem to decry the scramble for private material possessions (conservatism is smeared as “the politics of greed”), they themselves on the personal level seem to be just as keen for the scramble as anyone else. There has been a lot of research reported in the literature of academic psychology on the subject of achievement motivation but the various measures of materialistic achievement motivation have been shown to have negligible correlation with Leftism — where a high negative correlation might on theory have been expected (Ray, 1981b; Ray & Najman, 1988). In other words, in their own lives Leftists are just about as apt as Rightists to seek personal material gain. Once again the Leftist emerges as being hypocritical and as not honest about his/her real motives and values….

Much that I have said in this monograph (e.g. here, here and here) points out the good fit to reality provided by the explanation that Leftists are strongly motivated by hatred and contempt for others — with “compassion” being merely a necessary cloak for their real motivations. Leftists want power and acclaim for themselves and when they see any power and success in others they hate it and want to tear it down. But is that consistent with Leftists being psychopathic? Are not psychopaths supposed to be devoid of normal human emotions? They are not. They certainly have large emotional deficits and a great lack of empathy but one emotion that thrives in them is hate….

Now … we have come to the point of suggesting that the emotional shallowness that a large but weak ego implies may in fact be just one symptom of a much broader and more serious emotional and intellectual deficit — psychopathy. Psychopaths are after all renowned for their emotional shallowness — to the point where they can at times seem entirely devoid of emotion. Additionally, we have seen that Leftists not only have the moral imbecility of the psychopath but in fact proudly proclaim it — in their “postmodernist” doctrine (See here) that everything is relative and nothing is better or worthier than anything else (except when it suits Leftists, of course). We have also seen that the other major characteristics of the psychopath — indifference to brutality and reliance on lies — are present in spades among Leftists. And most of all, the sense of superiority to others and the masked contempt for others are at once very psychopathic and very Leftist….

In summary, then, Leftism at its deepest level would seem to be a form of sub-clinical psychopathy — not normally severe enough to get the person into much trouble but severe enough to cause lots of trouble for others.

[See also this follow-up by Ray.]

Ray’s analysis comports with what I’ve seen of left-wing politicians, pundits, and academicians over the past fifty years. They love to hate, and they love to project their hate-feelings onto their political opponents. And they’re very good at convincing themselves and others that they “care” — care about the poor, about people of color, about income inequality, about the environment, and about anything and everything that seems worth caring about. But what they really care about is massaging their own egos by forcing others to do their bidding.

A Burgeoning Blog

Politics & Prosperity has gained more than 2,000 posts, just like that. How? I imported all of the posts from my old Blogspot blogs: Liberty Corner, Liberty Corner II (the home of very long posts), and Americana, Etc. The posts from those blogs date back to March 2004. If you happen upon one of those posts and find a link that seems to point to another post at this blog, the link will take you to the original post at the Blogspot blog. I wasn’t about to edit some 2,000 posts to change Blogspot links to WordPress links.

Nevertheless, this blog now contains all of the blog posts that I’ve ever written, including a collection of 29 posts dated April 29, 2010.  That’s when I published a facsimile of the original version of Liberty Corner, which I maintained as a “home page” in the pre-blog days of the late 1990s.

Restoring the Constitutional Contract

Introduction

Contracts come in many forms and serve many purposes. They may be as informal and ephemeral as the understanding between barber and customer that the barber will cut the customer’s hair and the customer will pay the barber a certain amount of money for the haircut. They may be as solemn and hopefully eternal as marriage vows.

In the public realm there is no more solemn contract than the Constitution of the United States. But the great national crises of the Twentieth Century–especially the Depression and World War II–fostered the habit of giving illegitimate power (and money) to the federal government. Thus the constitutional contract and the pillars of the Constitution–the States and citizens–have been undermined

The immense, illegitimate power that has accrued to the federal government cannot be found in the Constitution. It arises from the cumulative effect of generations of laws, regulations, and court rulings–each ostensibly well-meant by its perpetrators

The habit of recourse to the federal government has become a destructive cycle of dependency. Elected representatives and unelected elites have vested unwarranted power in the federal government to deal with problems “we” face–problems the federal government cannot, for the most part, begin to solve and which it demonstrably fails to solve many more times than not. The conditioned response to failure has been to cede more power (and money) to the federal government in the false hope that the next increment will get the job done.

There has been much bold talk in recent times about making the federal government smaller and devolving federal power to the States. The bottom line is that the executive branch still regulates beyond its constitutional license, Congress still passes laws that give unwarranted power to the federal government, and federal spending still consumes about the same fraction of economic output that it did two decades ago.

To break out of this cycle of addiction, we must restore the constitutional contract and thus free the States and citizens–especially citizens–to realize their economic, social, and spiritual potential.

The Contract, Its Reach, and Its Principles

The Constitution is a contract between the States. In it, the States cede certain powers to a government of the united States, created by the States on behalf of the States and their citizens. Thus, for example, in Section 10 of Article I, the States voluntarily deny themselves certain powers that in Section 9 they vest in Congress–creation of money, regulation of trade among the States and between the States and other nations, conduct of foreign relations, and conduct of war.

The Preamble lists the States’ reasons for entering into the constitutional contract, which are “…to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity….” These are ends desired, not outcomes promised.

To further these ends, the Constitution establishes a government of the united States, and authorizes it to enact, execute, and adjudicate laws within a delimited sphere of authority. The Constitution not only delimits the federal government’s authority but also diffuses it by dividing it among the federal government’s legislative, executive, and judicial branches.

The Framers knew what we are now only re-learning: A government is a power-hungry beast–even a representative government. More power in the hands of government means less power for individuals. Individuals are better off when they control their own lives than when government, directly or indirectly, controls their lives for them.

Thus the limited scope of the constitutional contract provides for:

  • primacy of the federal Constitution and of constitutional laws over those of the States (This primacy applies only within the limited sphere of authority that the Constitution grants to the federal government. The federal government is not, and was not intended to be, a national government that supersedes the States.)
  • collective obligations of the States, as the united States, and individual obligations of the States to each other
  • structure of the federal government–the three branches, elections and appointments to their offices, and basic legislative procedures
  • powers of the three branches
  • division of powers between the States and federal government
  • rights and privileges of citizens
  • process for amending the Constitution.

The principles embodied in the details of the contract are few and simple:

  • The Constitution and constitutional laws are the supreme law of the land, within the clearly delimited scope of the Constitution.
  • The federal government has no powers other than those provided by the Constitution.
  • The rights of citizens include not only those rights specified in the Constitution but also any unspecified rights that do not conflict with powers expressly granted the federal government or reserved by the States in the creation of the federal government.

The Limits of Federal Power

The Constitution may be the “supreme law of the land” (Article VI), but as the ardent federalist Alexander Hamilton explained, the Constitution

…expressly confines this supremacy to laws made pursuant to the Constitution…[Federalist number 33].

Thus the authority of the federal government–the government formed by the united States–enables the States to pursue common objectives. But that authority is limited so that it does not usurp the authority of States or the rights of citizens.

Moreover, the “checks and balances” in the Constitution limit the federal government’s ability to act, even within its sphere of authority. In the legislative branch neither the House of Representatives nor the Senate can pass a law unilaterally. In his sole constitutional role–as head of the executive branch–the President of the United States must, with specified exceptions, sign acts of Congress before they become law, and may veto acts of Congress–which may, in turn, override his vetoes. From its position atop the judicial branch, the Supreme Court is supposed to decide cases “arising under” (within the scope of) the Constitution, not to change the Constitution without benefit of convention or amendment.

The Constitution itself defines the sphere of authority of the federal government and balances that authority against the authority of the States and the rights of citizens. Although the Constitution specifies certain powers of the federal executive and judiciary (e.g., commanding the armed forces and judging cases arising under the Constitution), federal power rests squarely and solely upon the legislative authority of Congress, as defined in Article I, Sections 8, 9, and 10. The intentionally limited scope of federal authority is underscored by Amendments IX and X; to repeat:

The rights of citizens include not only those rights specified in the Constitution but also any unspecified rights that do not conflict with powers expressly granted the federal government or reserved by the States in the creation of the federal government.

The Rise of Unconstitutional Laws and Regulations

The generations of laws and regulations that have seized the powers and rights of States and citizens are, to put it plainly, unconstitutional. Most such laws and regulations seem to rest on these foundations:

  • the phrase “promote the general welfare” in the Preamble. This was a desired result of the adoption of the Constitution, not an edict to redistribute income and wealth.
  • the power of Congress “to regulate commerce…among the several states [Article I, Section 8].” This power was meant to prevent the States from restricting or distorting the terms of trade across their borders, not to enable the federal government to dictate what is traded, how it is made, or how businesses operate.
  • the authority of Congress “[t]o make all Laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the Government of the United States, or in any department or officer thereof [Article I, Section 8].” The words “necessary and proper” have been wrenched out of their context and used to turn the meaning of this clause upside down. It was meant to limit Congress to the enactment of constitutional legislation, not to give it unlimited legislative authority.
  • the “equal protection” clause of Amendment XIV: “…nor shall any State…deny to any person within its jurisdiction the equal protection of the laws.” Amendment XIV was meant to secure the legal equality of those former slaves whose freedom had been secured by Amendment XIII. Amendment XIV became, instead, the basis for Supreme Court decisions and federal laws and regulations that have given special “rights” to specific, “protected” groups by curtailing the constitutional rights of the many who cannot claim affiliation with one or another of the “protected” groups. As the proponents of such groups might ask, is it fair?

Restorative Remedy

The constitutional contract charges the federal government with keeping peace among the States, ensuring uniformity in the rules of inter-State and international commerce, facing the world with a single foreign policy and a national armed force, and assuring the even-handed application of the Constitution and of constitutional laws. That is all.

It is clear that the contract has been breached. Only by restoring it and reversing generations of federal encroachment on the rights and powers of the States and people can we “secure the Blessings of Liberty to ourselves and our posterity.”

The Constitution itself contains the restorative remedy:

[O]n the application of the legislatures of two thirds of the several States, [Congress] shall call a convention for proposing amendments, which …shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several States, or by the conventions in three fourths thereof…

Congress has in hand the requisite number of applications for a constitutional convention but has resisted calling one. If pressed, the leaders of Congress would invoke the spectre of the rabble rescinding the Bill of Rights. But what the professional politicians in Congress (and their allies in the executive branch and community of special-interest groups) must truly fear is the reassertion by the citizens and States of their constitutional rights and powers.

Here is a place to begin: “A New, New Constitution.”

More Miscellany

Politicos on Parade

Most politicians — especially but not only liberals — pay lip service to the Constitution but tend not to honor it. They have a passion for laws and regulations that dictate, in the name of “good,” how people will live their lives, run their businesses, and spend their incomes. They seem not to understand or care that such laws and regulations undermine liberty and thus, to borrow a phrase, the general welfare that flows from liberty.

A “do-nothing” Congress is the best kind of Congress. Would that there were such a thing.

Career politician: a person who has succeeded in fooling just enough of the people almost all of the time.

The Presidency in Perspective

As the presidency has gone from Washington to Clinton, so too has it gone from service to self-gratification, from honor to corruption, from courage to cowardice, and from dignity to disrepute. The fault lies not in the office but in an electorate that has tolerated — nay, encouraged — the debasement of Washington’s legacy.

The presidency is as dignified or debased as its incumbent.

The impeachment (and removal) of a President is not a constitutional crisis. Rather, it reaffirms the soundness of the Constitution’s design for the orderly transfer of executive power. Through impeachment and removal the nation may, without recourse to mayhem or insurrection, be relieved of a President who has dishonored his trust.

Legal proceedings against a President do not disable the presidency, only the ability of the incumbent to serve. Amendment XXV provides for such instances:

Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable [for any reason] to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

Presidents come and go but the nation survives [maybe] and thrives [sort of].

Social-isms

Where is it written in the Constitution that the federal government is a repository for retirement savings?

A “liberal” of the Twentieth Century persuasion is a person who presumes to tell others how to live their lives. This use of the word “liberal” is a corruption of language fully consistent with the intellectual corruption of American politics.

Would those who decry meritocracy replace it with mediocracy?

The culture of “public service” was born in the New Deal, came to maturity with John F. Kennedy’s New Frontier (“ask what you can do for your country”), and continues to thrive, as always, amongst Ivy-leaguers with all the answers, idealistic naifs as yet un-mugged by reality, and lawyers bent on acquiring inside knowledge and cultivating future business.

In Their Own Words…

Newsweek quotes Alan Dershowitz as saying “Yes, I would defend [Hitler]. And I would win.” No matter that justice would lose.

The constitutional balance, as seen by Hamilton and Madison in The Federalist Papers:

It will always be far more easy for the State governments to encroach upon the national authorities than for the national government to encroach upon the State authorities. (Hamilton, No. 17)

[T]here is greater probability of encroachments by the members upon the federal head than by the federal head upon the members. (Hamilton, No. 31)

The State governments will have the advantage of the federal government…in respect to…the weight of personal influence which each side will possess…the powers respectively vested in them…[and] the…faculty of resisting and frustrating the measures of each other. (Madison, No. 45)

The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. (Madison, No. 45)

[T]he powers proposed to be lodged in the federal government are as little formidable to those reserved to the individual States as they are indispensably necessary to accomplish the purposes of the Union; and that all those alarms which have been sounded of a mediated and consequential annihilation of the State governments must, on the most favorable interpretation, be ascribed to the chimerical fears of the authors of them. (Madison, No. 46)

Thus is paved the road to hell.

“Cato” foresaw in 1787 that: “the great powers of the president…would lead to oppression and ruin”; the national government “would be an asylum of the base, idle, avaricious, and ambitious,” a “court [with] language and manners different from [ours]“; and “rulers in all governments will erect an interest separate from the ruled, which will have a tendency to enslave them.”

Out with the Old, in with the Older

The punctilious say the century won’t end until midnight on the 31st of December 2000. Meanwhile, the other 99.99 percent of Earth’s denizens (or those who care about such things) prepares to celebrate the end of the decade, century, and millennium on December 31, 1999. Contrary to our custom, we bow here to the popular will, but just long enough to offer this paean to the Twentieth Century. After boldly diagnosing the last 100 years in a few hundred words, we also thrown in a prognosis for the next 100 years.

The American Century?

The Twentieth Century, like any other complex phenomenon, cannot be judged one-dimensionally. Let us begin by comparing it with the other centuries of our nationhood.

Yes, the Twentieth Century has been called the American Century, but that soubriquet reflects one of the least of our achievements as a nation, namely, our dominant role in world affairs. In any event, the American Century was the Eighteenth Century, when the greatest heroes of American history gave us liberty and framed the Constitution to assure liberty’s blessings unto their posterity. (Well, that’s how they talked in those days — you can look it up.)

The Nineteenth Century was decidely less stellar than the Eighteenth. The Nineteenth started well enough, with Mr. Jefferson in the White House, the purchase of Louisiana Territory, and the expedition of Lewis and Clark Then the British burned the Executive Mansion, causing it to be painted white (whence the White House). That was one of the first — but far from the last — whitewashings in Washington.

If the history of the presidency counts for anything in rating centuries, the Nineteenth weighs in with one great (Lincoln) and a whole flock of losers and nonentities: Van Buren, Harrison I (he of the 30-day term of office), Tyler (the “too” in “Tippecanoe and…”), Polk, Taylor, Fillmore (later an avowed Know-Nothing as that party’s candidate for President), Pierce (a New Hampshire dipsomaniac), Buchanan, Johnson I (he of the first impeachment trial), Grant (the bury-ee in Grant’s Tomb), Hayes, Garfield, Arthur (call me Chet), Cleveland (who, unlike Billy-boy, fessed up to his sins before he was caught lying about them), Harrison II, and McKinley.

In the Twentieth Century, there have been three honorable Presidents — Coolidge, Truman, and Reagan — surrounded by a sea of fools and scoundrels: Roosevelt I (a Napoleonic nut-case), Taft (the answer to two trivia questions: heaviest and only one to become Chief Justice), Harding (sex-Clinton I), Hoover and Carter (two humorless engineers), Roosevelt II (our first socialist President), Eisenhower (principle-Clinton I), Kennedy (sex-Clinton II), Johnson II (wager of disastrous wars on poverty and Vietnamese civilians), Nixon (truth-Clinton I), Ford (duh!), Bush (principle-Clinton II), and Clinton (combining the worst of Harding, Eisenhower, Kennedy, Nixon, and Bush — oversexed, unprincipled, and a congenital liar).

The Twentieth Century may have been the century of American power, but it has not been a century to be proud of if you still have any principles.

Major Themes of Century XX

The century’s dominant theme was established in its first decade: Capitalism became evil incarnate and — in the name of fighting evil — the federal government began to usurp the socializing roles of family, friends, neighborhood, and church. The second and third decades should have disillusioned the true believers in progress through government, as Wilson led us into the charnel-house called Europe and the sons and daughters of Carrie Nation led us into Prohibition. But prosperity casts a rosy glow on the sordid truth, as attests Clinton’s survival of l’affaire Lewinsky.

The fourth decade — specifically, the Great Depression — legitimated the federal government’s seizure of power in the name of “good.” The President and other elected officials became Santa Claus incarnate, doling largesse and special privileges to the masses in return for their votes, at the expense of the objects of the masses’ envy. Judges briefly and episodically resisted the power grab, then joined their executive and legislative brethren in the rape of the Constitution.

Succeeding decades saw more wars (perhaps only one of them was not a senseless exercise in presidential megalomania), more “social progress” (read aggrandizement of government), more “freedom” (read erosion of moral and ethical standards), more crime, and less civility. More crime and less civility being the direct result of moral and ethical erosion; moral and ethical erosion being a by-product of aggrandized government (the “nanny” state).

Other than that, it’s been a peachy 100 years. Somehow, our high standard of living (which would be even higher were it not for senseless wars and aggrandized government) doesn’t make up for all the rest. But perhaps the prospect of the “grand nanny” of them all — Ms. Rodham-Clinton — lecturing us from the well of the Senate is makes us just a bit peevish.

Inside and Outside

Each decade’s foreign adventures reflected the home front’s view of the world outside. In the 1900s, government could do no wrong: it busted trusts, stole Panama, and sailed the Great White Fleet — all to great acclaim from the masses. A decade later it was time to assuage national guilt and get into a serious war, but only after much vacillation about what side to join. As if in atonement for trust-busting days of the first decade, the Marines were enlisted to the aid of capitalism in the “Banana Republic” skirmishes of the 1920s.

In the 1930s, the hangover from the Great War and the cancer of the Great Depression sapped our willingness to confront the most potent (but nevertheless distant) threat to national sovereignty since 1812. But Roosevelt II, with the unwitting help of the foolhardy Nipponese, managed to drag us into another foreign war. The feat of vanquishing not one but two legitimate powerhouses, awakened the will to power that lurks just below the skin of every politician and policy wonk.

The poobahs on the Potomac — who reap vicarious ego gratification (and perhaps sexual gratification) from the very thought of being at the center of world power — demanded that we stay in the arena so that we could shape the world in the American image. (Well, in the self-image of an all-wise, all-powerful effete stratum of the Eastern establishment and its acolytes, who come from all regions and walks of life to sniff at the seat of power.) Whence the misbegotten Korean War, the utterly tragic Vietnam War, and the various travesties, gunboat diplomacies, and chest-thumpings known as the invasion of Grenada, “peacekeeping” in Lebanon, the bombing of Tripoli, the confrontation with Iran, the seemingly endless Persian Gulf War, the feckless “humanitarian” excursion into Somalia, and the “humanitarian” bombing of Kosovar civilians so that the “good” thugs of the country formerly known as Yugoslavia can take their turn at savagery.

Thus has self-interested isolationism — like constitutional government — given way to the self-indulgent whims of the “wizards” behind the curtain of the ominscient, omnipotent state.

Historical Determinism Revisited

Moralists would say that the Great Depression was the price we paid for the Roaring Twenties. If that is so, think what might lie beyond the turn of the millenium. In any event, there may be something to the theory that what we sow in one decade we reap in the next.

The “gay” 1890s gave way to the “uplifting” 1900s, when such moralists as Frank Norris, Ida Tarbell, and Roosevelt I strode the land. Their moral vigor gave way to the next decade’s Great War and the disillusionment it wrought. What could follow moral disillusionment but the amoral and “immoral” goings on the the materialistic 1920s? We paid for that holiday from reality with the plunge into the Great Depression and the rise of fascism.

Our indifference to fascism led to the next decade’s Greater War and thence to the Cold War. Fatigue set in, and the 1950s became the decade of “complacency,” featuring such entertainments as “Ozzie and Harriet,” “I Love Lucy,” and President Eisenhower’s studiedly incoherent ramblings at press conferences.

“Down with complacency,” said the children of the 1960s. “Up with the people (of all colors), down with imperialistic, paranoic foreign adventures, up with sex and drugs and rock and roll,” they chanted. And they were mostly right — but some of them became what they had hated and…but I digress.

If the 1960s began in hope and ended in despair, the 1970s began in despair and ended in despondency. It was a decade of unremitting bad news, from the presidency and resignation of Nixon to the “oil shock” to double-digit inflation to the seizure of American hostages by Iran. There was nowhere to go but up, and up we went, through most of the 1980s and — with a breather for another foreign adventure and a brief recession — on into the 1990s: ever more prosperous, ever more hopeful of the future — materially if not spiritually.

And so here we are in what should be called — for more than one reason — the “gay” 1990s: where “rights” flourish and responsibilities diminish; where more and more parents neglect their children and blame the schools (if not society) for the tragic results of that neglect; where gratuitous sex and violence pass for entertainment; where reading, writing, coherent speech, and good manners are practiced more in the breach than in the observance; where those who believe in and practice personal responsibility are simply sick and tired of giving a free ride to the indolent and self-indulgent (of all colors, genders, and political persuasions across all socio-economic strata).

Century XXI

Just when you think things can’t get worse, they do. It’s not hard to imagine a United States in which the following new “rights” have been legislated and/or adjudicated:

  • Animals may not be kept as pets without a license from the Department of Animal Rights & Welfare (DARW), whose inspectors may enter any home at any time in order to ensure that pets are being treated in accordance with the Animal Bill of Rights.
  • Animals and their produce (e.g., meat, eggs, feathers, manure) may be raised and processed only on “reservations” controlled by the DARW.
  • Guns may not be kept for any purpose — not for self-defense and (of course) not for hunting — by anyone other than law enforcement officers and members of the armed forces.
  • Because criminals are merely misguided or genetically defective products of society they may not be punished. Rather, society must be punished by turning criminals loose to exact their vengeance on it.
  • Because incessant media attention to every politician’s peccadilloes merely demoralizes the public — and because politicians are merely misguided or genetically defective products of society — the media may no longer report news about politics or politicians without a license from the Department of Happiness. Licenses are granted only to Hollywood producers who agree to produce uplifting “documentaries” of politicians in action (e.g., “Mr. Smith Goes to Washington” with James Stewart but without Claude Rains and his cronies).
  • Health care is socialized — no more ifs, ands, or buts; no more half-baked efforts to screw up the world’s best system of health care. It’s socialized and screwed up for good because Republicans — weary of being called “meanies” — give in on the last issue on which they differ from Democrats.

“How,” you ask, “could all of that happen?” Simple…Al Gore is elected President in 2000 and re-elected in 2004, with Ms. Rodham-Clinton as his running mate the second time. Ms. R-C shoots Gore at his second swearing in. She pardons herself (as a misguided product of society) and the Chief Justice swears her in — at gunpoint. In case you’re wondering, Ms. R-C was authorized to carry a gun because, following her unsuccessful Senate race in 2000, she became Gore’s Attorney General. (That’s called “first the good news, then the bad news.”)

And it goes downhill from there…

Economic "Wisdom"

Even though Stephen Jay Gould once accused social scientists of “physics envy,” he did not deter economists’ efforts to practice the dismal science as if it were really a science. Thus, for example, a Robert Shiller of Yale University arms himself with data about the past performance of the stock market and warns us that the Dow will lunge from 8,000 (make that 9,000 . . . 10,000 . . . 11,000) to 6,000 or less. The problem with such analytical exercises is that they tell us what has happened but not what will happen. Statistics predict the past with uncanny accuracy.

Not that Professor Shiller is entirely wrong about the future performance of the stock market. He is almost certainly right, in principle, because the only known monotonic trends in the universe are its expansion and its aging — and a lot of physicists aren’t sure about the permanence of those trends. No, Professor Shiller will probably be right, some day, because — as the old saying goes — a stopped watch is right twice a day.

John Maynard Keynes (created Lord Keynes for his services to economic thought and to some members of the Bloomsbury Set) averred that a government could spend an economy out of a depression. In spite of Keynes, the United States and Great Britain remained mired in the Great Depression for most of the 1930s. Some have argued that Keynes was vindicated by post-World War II prosperity, which they attribute to the the binge of consumer spending spawned by the massive infusion of government spending in wartime. That argument overlooks the inconvenient possibility that the Great Depression, like earlier depressions, would have ended without the benefit of government largesse. The argument also overlooks the fact that, unlike the United States, Great Britain did not plunge into prosperity at the end of World War II.

One could argue that Germany and Japan proved Keynes right because unemployment in those countries vanished in the face of their massive arms buildups. Yes, and one could say that the members of a chain gang are well off because they have “jobs.”

Enough of old feuds. Let us return to the present scene.

Today’s “green economists” advance the notion that free markets are all right in their place — but not when it comes to protecting the environment. Conjuring dire results for humankind if markets continue to cater to the crass demands of consumers, those economists would commandeer the economy in the name of future generations yet unborn. (Sound the trumpets! Wave the flag!) If one reasonably assumes that such economists know that there are market-based ways to solve the problems caused by pollution, what is one to make of their anti-market rhetoric? Answer: Just like any consumer of “political pork,” they’re perfectly willing to have the government aggrandize their own (psychic) income at the expense of the general welfare. That is, they simply don’t like economic growth and don’t care who is hurt by their anti-growth propoganda.

Consider, finally, the antediluvian agitators for antitrust actions against successful companies. The scions of Roosevelt the First seem to be stuck in a zero-sum view of the economic universe, in which “winners” must perforce be balanced by “losers.” Or perhaps they, like their green brethren, suffer a form of success envy.

Whatever the case, the antitrusters forget (or wish not to remember) that (1) successful companies become successful by satisfying consumers, (2) consumers wouldn’t buy the damned stuff if they didn’t think it was worth the price, and (3) “immense” profits invite competition (direct and indirect), which benefits consumers. On the third point, if the USPS — a government monopoly that claims to own my mailbox — can’t stave off competition from alternative delivery services and e-mail, what’s to keep a new Bill Gates from building a better mouse (pun) trap? Only the fear of being pursued by the almighty federal government. Thanks a lot, feds.

All of which underscores another old saying: A sucker is born every minute — and then he moves to Washington.

The Trials of William Jefferson Whatsit

This is a farce in three acts. The first act takes place in the presidential study near the Oval Office — also known as the nookie nook. Act two is set in the presidential boudoir, where the air is definitely chilly. Act three takes place beyond the great divide, that is, when Willie Whatsit meets the Chief Justice of us all.

Act I: In the Nookie Nook

Willie Whatsit: Wow, Veronica, that was great!

Monica Crapinsky: It’s Monica, you schmuck. Get it right. That’s only the fourteenth time I’ve given you a back rub, lard butt.

WW: Well, as leader of the free world, commander-in-chief of the armed forces, and first fund-raiser I’ve got too much on my mind to remember a detail like your first name.

MC: You’d better remember it, buster, because I’ve just been subpoenaed to testify against you in a wrongful discharge suit.

WW: But I haven’t fired anyone since I cleaned out the travel office to make room for the meetings of Hillary’s coven.

MC: Oh, I meant to say “paternity suit.” Paternity, wrongful discharge, same thing. Get it?

WW: Yuk-yuk-yuk. You’re as funny as Orrin Hatch eating a sour pickle. Anyway, if I’m the sue-ee, who’s the sue-er?

MC: You have to ask?

WW: Of course I have to ask. It could be almost anyone, couldn’t it?

Act II: In the Deep Freeze

WW enters the presidential boudoir to find Hillary Ramrod — his liberated, emancipated, and constipated spouse — writing his State of the Union speech.

HR: I heard a rumor that you’ve been cavorting with an intern in your private study.

WW: Who told you that? Come on, I need to know so I can figure out how to wiggle out of this one.

HR: Since you’re not going to be able to wiggle out of this one, I’ll tell you. It was our favorite flack, Sid “The Snake” Loveinbloom.

WW: You can’t believe anything Sid tells you. He’s got the hots for you and he’d say anything to tear me down.

HR: Well, you of all people know that he can have all the “hots” he wants, but it won’t get him anywhere with me. I’ve sworn off sex since I discovered witchcraft. Double, double, toil and trouble, send money to Washington, on the double.

WW: I’m glad you have such a laid-back — I mean relaxed — attitude. I was afraid you’d heard about the paternity suit.

HR: What paternity suit?

WW: What do you mean “What paternity suit?” How do you expect me to keep track of them? Do you think I do all that fund-raising, to help elect a bunch of yokels to Congress?

Scream of rage from HR. Blackout. Loud thwack (simulated by striking Arkansas watermelon with baseball bat).

Act III: Beyond the Blue Horizon

The Great Chief Justice in the Sky: How do you come to be here, Mr. Whatsit?

WW: That’s a trick question if I ever heard one. It depends on what you mean by “come.” Where am I, anyway?

CJ: You’re in the land of the final judgment — beyond civil suits, criminal prosecutions, and impeachment trials.

WW: I always thought you had a flowing white beard and wore a blinding white robe. Why are you wearing that silly black robe with gold stripes on the sleeves?

CJ: Shut up. I ask the questions here. And the robe’s not silly, Justice Sandy made it for me. Do you have anything to say for yourself before I pass sentence on you?

WW: I didn’t do it.

CJ: “It” what?

WW: It depends on what you mean by “it.”

CJ: Enough with the clever wordplay, already. Do you take me for some dumb Senator?

WW: You’re about the right age.

CJ: Before I get any older, I’m sentencing you, William Jefferson Whatsit, to eternal community service, in the “other place.”

WW: Is that the best you can do? The “other place” can’t be any hotter than an Arkansas summer, and I’ll be glad to service the community. There must be some hot babes down there.

CJ: Just for that, I’m changing the sentence. Earphones will be permanently affixed to your ears and you will be forced to listen to right-wing talk radio twenty-four hours a day for all eternity.

WW grins broadly.

CJ: How can that sentence cause you to smile?

WW: It could have been worse. You could have sentenced me to listen to Hillary.

CJ: Mmmm….

Lights dim. Drone of HR reading from It Takes A Village Idiot to Know One swells in volume.

Don’t Blame Me

Three years ago one Wendell Williamson wantonly gunned down two strangers in Chapel Hill, North Carolina. He was found not guilty by reason of insanity. Purportedly his paranoid schizophrenia bade him to kill in order to save the world.

Now another North Carolina jury has decided that the psychiatrist who had treated Williamson months before his shooting spree should pay Williamson $500,000. This eminent jury seems to have concluded that Williamson might have been cured had the psychiatrist done his job right.

It’s the O.J. defense with a twist. O.J.’s lawyers shifted the blame to the police who caught him. Williamson’s lawyers have shifted the blame to the psychiatrist who failed to cure the purported insanity that triggered the fatal shooting spree.

What happens to people when they become jurors? Does Lamont Cranston cloud their minds? Does confinement to a courtroom and jury room make them temporarily insane?

Whatever the case, consider the defenses that today’s lawyers could mount, successfully, for the villains of history:


Yes, Brutus struck the blow that killed Caesar, but there was a blood-lust in the air that day in Rome. Someone was bound to kill the power-crazed Caesar. Brutus was merely the pawn of fate, swept along in the force-field of hate that surrounded him. If you blame Brutus, you must blame all of Rome.

The South was within its rights to secede from the Union. Lincoln provoked an illicit war in his effort to preserve the Union. Therefore, John Wilkes Booth did not commit murder, he merely killed an enemy who was waging an unjust war against Booth’s homeland. Booth is a patriot warrior, not a murderer.

Aldolf Hitler and Josef Stalin cannot be blamed for the millions of lives they took. Clearly, they suffer from paranoia, delusions of grandeur, and sociopathy. These men are to be pitied, not punished, for they were driven by demons beyond their control to commit acts whose heinousness only normal human beings can comprehend.

Lee Harvey Oswald, James Earl Ray, and Sirhan Sirhan are victims of unrealistic expectations. As males living in the United States of the mid-Twentieth Century they were expected to rise to the top, to become powerful and famous. When they were unable to fulfill society’s expectations, they could only strike out at those who were powerful and famous. Society must forgive Oswald, Ray, and Sirhan; society itself must shoulder the blame for their acts.

No one expects politicians to be truthful. Politicians are expected to lie and voters have come to rely on the fact that politicians lie. Bill Clinton merely acted in accordance with the ethics of his profession when he lied under oath and encouraged others to do the same. It would be grossly unfair to him and confusing to voters if we were to change the rules in the middle of the game. Leave Bill Clinton alone and go after real criminals like smokers.

Bill and Al’s Egregious Adventure

Once upon a time, as it usually is, there were two early-middle-aged politicians (we’ll call them Bill and Al), who — like many career politicians — had yearned for the presidency since they were in diapers. Bill and Al, like all career politicians, had never held real jobs and had no inkling of what they were doing to real people when they proposed policies, pushed legislation, and published regulations. But, boy, were they “getting things done.”

Bill and Al were of an age when you could get high and later rise to high office. And so they did. (Well, Bill tried to inhale but couldn’t, or “didn’t” as he slickly put it.) Bill was elected dog-catcher and Al was elected deputy dog-catcher.

The small town where they caught dogs — a town called DeeCee — didn’t need dog catchers because all the dogs were well behaved and healthy. But there had been dog catchers in the town since the days when dogs ran wild, and so the townspeople kept electing dog catchers.

Because Bill thought it was important to make a good impression on the citizenry of DeeCee, he began by proposing regulations about how dogs should be fed, how often they should be given their shots, how long they should be walked, and how they should be trained. The voters of DeeCee told Bill where to put his regulations and kept on keeping on with their well-behaved and healthy dogs.

Al had great ideas about how to make the town’s businesses more efficient, and he spent a lot of time pestering business owners with his loony ideas. They nodded politely when he launched into his boring speeches and laughed politely at his lame jokes, then went right back to running their businesses profitably.

Bill and Al grew bored and restless as their jobs proved unnecessary and their meddling in other matters fell flat. Bill began to make up stories about wild dogs so that he could get out of the office to chase young women. Al began dipping into his expense account for trips to luxurious resorts.

One day, Bill’s wife caught him in a compromising situation and shot him dead. Al returned to DeeCee to assume the post of chief dog-catcher, but was convicted of embezzlement as soon as set foot in town.

The moral of the story is this: The best career politician is one who doesn’t do anything, doesn’t say anything, and keeps his hands in his own pockets. If you can’t heed this moral, you shouldn’t run for dog-catcher.

Flunking Out of Electoral College

Oh, what would we do without a President to entertain us? Granted that the entertainment is usually grade-B if not triple-X, but it beats re-runs of “Leave It To Beaver.” Presidents nevertheless come and go (often going more quickly than they had planned to) while the body that elects them — known, appropriately enough as the Electoral College — lingers on.

The College, as I shall call it here, has been picked on for generations, like another persistent nuisance: the dandelion. And, like the dandelion, the College has its brief moment of glory and then fades away to be forgotten until the next time it trumpets its existence.

As an institution, the Electoral College is as useful as the British monarchy, but it doesn’t draw tourists. Perhaps we would not scoff at the College if we could turn a profit on it by selling the TV rights to its proceedings.

Let us consider its merits. How could anyone criticize the institution that twice unanimously elected George Washington to the presidency? And what about the foresighted elector who, in 1960, declined to vote for Richard Nixon, as he was supposed to do, and voted instead for Senator Harry F. Byrd, Sr.? You would be convinced, were we to end the story here, to kneel nightly in thanks that the College has not been abolished. But there is more to the story.

One of the serious objections to the College is the fact that it thrice — in 1824, 1876, and 1888 — prevented the election of the presidential candidate who captured the greatest number of popular votes. That’s an entirely negative view of the situation. The College has chosen the winner of the most popular votes in 40 of the 43 elections where the popular vote was tallied. That’s an average of .930, which would be tops in any league. Let us scrutinize the three elections in question.

Andy Jackson got 43 percent of the minuscule number of popular votes cast in 1824, and he received a larger number of electoral votes than his chief rival, John Quincy Adams. But, because Jackson lacked a majority of electoral votes, the election was decided by the House of Representatives, which chose Adams. It was a good thing, too. If Old Hickory had been chosen in 1824, he probably would have won in 1828 and 1832 (as he did), which would have meant another four years of muddy boots on White House furnishings, to the dismay of Jackie Kennedy.

On the other hand, a string of three Jackson victories would have meant, as well, that FDR would not have set a precedent in seeking a third term. Thus the anti-Roosevelt amendment limiting Presidents to two terms would not have been adopted and Dwight Eisenhower might well have served as President until his death in 1969. In which case…the nation would have been spared the Viet Nam War, which Eisenhower kept the U.S. out of while he was President.

Preferring an honorable peace to polished furniture, I regret that Andy Jackson was not elected in 1824, as he would have been if the popular vote had prevailed.

The election of 1876 pitted Republican Rutherford B. Hayes against Democrat Samuel J. Tilden. Tilden won 51 percent of the popular vote, but there were doubts about the returns from several southern States. A special commission was set up to determine how the electoral votes of those States should be cast. By an odd coincidence — there being eight Republicans and seven Democrats on the commission — it voted eight to seven to give the votes to Hayes. And Hayes won the election of 1876 by one electoral vote.

President Hayes and his wife — known as “Lemonade Lucy” — were teetotalers. The air of sobriety emanating from the White House cast a pall over the Washington social scene and give rise to the long-held view of Republicans as party-poopers. Which is probably why the Republican Party was in the minority for so long. With more Republicans in Congress, tax rates would never have risen to the heights that they did under the Democrats, and would be even lower than they are today. Clearly, we would be better off today if the election of 1876 had been decided by the popular vote.

What about the election of 1888? The incumbent, Stephen (“call me Grover”) Cleveland received 90,000 more popular votes than did Benjamin Harrison. The vagaries of the electoral process nevertheless caused Harrison to beat Cleveland by 233 to 168 electoral votes. Not one to cry in his mustache cup, Mr. Cleveland came back to trounce Mr. Harrison in the election of 1892.

Suppose Cleveland had won in 1888, thereby ending Harrison’s political career. Think of the loss to posterity because these two trivia questions could not then be asked:

  • What President served two, non-consecutive terms of office? (Cleveland)
  • What President was the grandson of a President? (B. Harrison, of W.H. Harrison)

The 1888 case favors the College. Without it our store of trivia would be smaller.

The forgoing analysis argues, nevertheless, for the abolition of the Electoral College. Had the popular vote prevailed in 1824 and 1876, we would have been spared a disastrous war and an outrageous tax burden. The legacy of 1888 — the addition of two trivial facts to our abundant store of trivia — is, well, trivial recompense.

Through a Crystal Ball, Murkily

A capsule history of politics in the United States, from 1999 to 2021:

1999–Bill Clinton resigns, hoping that he will receive a Nixonesque pardon from President Al Gore. President Gore, now the target of his very own independent counsel, decides to let Clinton dangle in the wind with Hillary Clinton, Bruce Lindsey, Vernon Jordan, Webster Hubbell, Susan McDougal, and their many co-conspirators.

2000–Gore declines to run for re-election, citing the “vicious political climate of Washington.” (Meaning: unlike Clinton, he won’t be able to stiff the taxpayers for a big chunk of his legal bills, so why stick around?) The Democrats and Republicans rush to the center and jointly nominate Edward Dogooder for the presidency. Dogooder manages to squeak through in a tight, three-way race with Oprah Winfrey and Geraldo Rivera.

2001–Dogooder asks Congress to replace the Social Security Administration, the Food and Drug Administration, and the Departments of Education, Health and Human Services, Interior, and Veterans Affairs with a Commissariat for Public Welfare. Republicans go along with the gag on the assumption that it will be easier to abolish one agency than six of them (hah!). To ensure the success of their plan, Republicans also support the nomination of Ralph Nader as Commissioner of Public Welfare.

2004–Commissioner Nader receives the results of a three-year study of the causes of death from the Center for Cerebral Calculations, a new Washington think-tank whose board of directors includes former Senator Strom Thurmond and former President Gerald Ford. The study reveals that almost everyone who was ever born had died. The authors of the study recommend the banning of births to put a stop to deaths. Commissioner Nader, armed with powers inherited from the Food and Drug Administration, bans births in the United States and urges the United Nations to pass a resolution in support of a world-wide ban on births.

2009–A further five-year study by the Center for Cerebral Calculations reveals that deaths continue (though Strom Thurmond and Gerald Ford still seem to be breathing). A full-scale investigation shows that all deaths recorded since 2004 were among persons born before the ban on births. The Commissioner orders all persons still living to report to government health and oil-change clinics for genetic treatment to suspend the aging process. He also institutes a five-year plan for the perfection of all citizens: by 2014, every American over the age of two must be a full-time student in a government-approved educational institution run by the American Education Association.

2013–Nearly everyone in the U.S. is enrolled in AEA nursery schools, grade schools, colleges, and graduate schools. Most factories and stores are closed, trucks idled, trains on sidings, and airplanes grounded. Heat is supplied by wood stoves; the only air-conditioning is an occasional breeze. (Environmentalists hail the “return to nature.”) The most active citizens are gangs marauding through streets while police are earning advanced degrees in criminal psychology. (Police have no weapons, anyway, because Commissioner Nader had banned them in 2010. Gang members, unable to read, hadn’t bothered to surrender their weapons.)

2014–Organized crime takes over the street gangs. Mob leader and womens’ libber Bubbles Berlitz, noting that “crime wouldn’t pay if da government ran it,” announces sweeping reforms to make crime more efficient. She adds that “stolen money ain’t woith much any more because dere’s hardly anyt’ing to buy wid it.”

2019–The mob’s five-year plan to make crime pay by restoring the economy is successful. Mob-run hospitals do a booming business in baby delivery, and mob-run enterprises employ most of the nation’s clandestine school dropouts. Former President Dogooder — having appointed himself to the more powerful position of Commissioner of Public Welfare — orders the mob to cease and desist from its unlawful activities. He is found in the Potomac River, wearing concrete swimming trunks.

2020–The mob decides it could make more money if it were to allow its enterprises to compete with one another, on the strange assumption that the bosses of those operations which satisfy consumers’ wants efficiently will reap greater profits. The other bosses must shape up or, in the words of Bubbles Berlitz, “get a free, one-way ride into da countryside.” Having found success without any more violence or coercion than had prevailed in the days of John D. Rockefeller, the mob focuses on random crimes perpetrated by independent operators and resuscitates the criminal justice system to deal with them. Bubbles Berlitz basks in her newly found legitimacy and runs for President.

2021–President Berlitz asks Congress to abolish the Commissariat for Public Welfare, and not to replace it with anything because the nation has become so prosperous under the rejuvenated free-market system. Congress is swayed by Ms. Berlitz’s persuasive charm — and by the photos she has stashed in her safe. Life in Washington, D.C., returns to normal.

Ten Commandments of Bad Management

Which of these “commandments” do you habitually obey? Tally your score and check it against the scale at the end of the list.

  • Flaunt the privileges of rank: Spend on frills and perks in the face of adversity.
  • Flout the rules you expect others to obey.
  • Put off hard decisions as long as possible so that rumors can grow wildly on the grapevine.
  • Pepper your staff with meaningless projects and pointless questions — hire consultants to give you the “straight scoop.”
  • Hire outsiders for senior management positions and create make-work jobs for your cronies.
  • Keep your door open to whiners and let them second-guess your managers’ decisions.
  • Promise vision but deliver pap.
  • Talk teamwork but don’t let anyone in on your game plan — keep ‘em all guessing.
  • Talk empowerment but micromanage.
  • Keep your board in the dark, except when you turn on the rosy spotlights.

Score of 0: You lie to yourself all the time; see a psychiatrist.

Score of 1-3: You sleep a lot during the day; see a physician.

Score of 4-6: You’re a normal boss, which isn’t necessarily good news.

Score of 7-9: You could give “Chainsaw Al” Dunlap a run for his money.

Score of 10: So you’re the model for the pointy-haired boss!

To Pay or Not to Pay

Was William Shakespeare a tax-protester? Think about the message hidden in the titles of several of his plays:

“A Midsummer Night’s Dream” is about a man who hopes soon to repay the money he borrowed to meet his tax bill. “Winter’s Tale” follows him through months of overtime work as he struggles to save money for his old age. In “Love’s Labor’s Lost” he confronts the ugly reality that his savings will go to the IRS. “A Comedy of Errors” depicts his travails with Form 1040 and its many schedules. In “Much Ado About Nothing” he discovers, alas, that he owes the IRS even more than he had feared. :

Stunned by the discovery, he decides in “Twelfth Night” (April 12) not to file a tax return and tears it into tiny pieces. He reconsiders, and “The Tempest” recounts his struggle to complete a new return by April 15. “As You Like It” celebrates his triumphal march to the Post Office on April 15, armed with a return that shows him even with the IRS. “All’s Well That Ends Well” is a fantasy in which the IRS finds no fault with our hero’s return.

Then there is the real text of Hamlet’s soliloquy:

To file or not to file — that is the question;

Whether ‘tis nobler in the pocketbook to suffer

The slings and arrows of outrageous taxes,

Or to take arms against a sea of instructions,

And by ignoring evade them. To file — to pay –

No more; and by not paying to say we end

The headache and the thousand-dollar debts

That Uncle Same is heir to — ‘tis a consummation

Devoutly to be wish’d. To run — to hide –

To hide! Perchance in Bimini! Ay there’s the spot;

For in that sunny isle what dreams may come

When we have eluded the revenue agent

Must give us pause; there’s the reality

That makes mockery of such simple plans;

For who would bear the heat and hard bunks of Leavenworth;

The cell-block bully’s fist, the guard’s glare,

The bagginess of prison garb, the sad children’s tears,

The righteousness of neighbors, and the spurns

That the gray-faced ex-con takes

When he himself might his quietus make

With a simple check? Who would these taxes bear,

To grunt and sweat under a glaring desk lamp,

But that the dread of something after April 15,

The uncelebrated penitentiary from whose walls

No inmate leave, without parole,

And makes us rather bear those taxes we must

Than fly to Bimini or other exotic places?

Thus conscience does make taxpayers of us all….