I do not have a right to my car but I do have a right to buy, keep, trade and otherwise act in relation to my car. Rights are what define our range of free actions. In some cases the right to act garners us huge wealth, in others, fame, and in yet others it will gain us knowledge, health and happiness.
If I had a right to my car as such, I would get to have my car even if I paid nothing for it. Rights need not be paid for. For example, my right to my liberty -- to sing to smile to think to worship and so forth -- isn't something I need to pay for. Nor can I lose such a right. Even if I end in jail for assaulting someone, it is because I acted, freely, so as to land me there. Sounds a bit odd but still true! It can be appreciated by considering that prisoners retain their rights to due process, representation, and so forth while they are in prison. They do not lose their rights but when they exercise them in certain ways, there are unwelcome consequences. As when one exercises one's right to liberty by getting married and henceforth is no longer free to fool around.
So those who would insist that our rights be limited are advocating that other people, usually those in government, have the authority to violate our rights, that some people be in control over other people in disregard of their rights. There is no escaping this conclusion. Those who are naively thinking that "limiting" rights will just happen, by way of some cosmic power instead of human beings who would want to control others, need to realize that they are supporting involuntary servitude, plain and simple.
Such general points need sometimes be noted because of all the sophistic and dangerous loose talk about how rights are limited, not absolute. This is merely an excuse for not respecting and protecting people's rights, for violating them at the discretion of certain citizens who find the rights of other citizens inconvenient because they stand in the way of making use of these other people for their own purposes.
For example, to claim that one's right to the use and disposal of one's property is limited to only a percentage of what one owns, in fact, is merely to offer a spurious reason to take what belongs to others and use it for purposes to which they have not agreed. Saying that no one has absolute rights to what he or she owns is bunk -- "absolute" has nothing to do with this. Either one has the right to keep and hold and trade and otherwise use and dispose of one's belongings or one does not and others then are given free reign over these (and allow one some usage). If I do have a right to my resources, then when others take these from me without my permission, they are violating my rights. And that's exactly what happens when taxes are confiscated from us all. No fancy talk about no one having absolute rights excuses it -- taxation is a kind of extortion: you must hand over part of what you own and ought to be able to keep, hold, trade, etc., otherwise you are going to be imprisoned or otherwise harmed. Sure, you may get some benefits from those who confiscate your belongings but that is irrelevant. What is relevant is that you didn't give your consent.
At this point democracy tends to come up because the sophistic, spurious arguments for these ill gotten gains never ends. So if a whole bunch of other people -- the majority of those who vote -- agree that your belongings may be taken from you, it is supposed to be OK? Of course not. But because democracy concerning the selection of political representatives is highly prized, this same method is used for expropriating people's lives, liberties, and property. It should not be. Multiplying the number of the criminals doesn't eliminate the crime.
These matters are not very simple to integrate with our lives in complex societies where our actions are a mixture of free and coerced, often quite imperceptibly. Who can keep track of what we must do because otherwise we will be assaulted by the powers that be and what we do of our own free will because we have decided it is a good idea? As one goes through one's life, with all the task one faces, it is nearly impossible to tell which of the tasks were freely assumed and which were imposed on one by governments (of which one is surrounded everywhere). And since some of what governments do can be of considerable value, those running government have an edge -- they know that hardly anyone wants to give up the security offered by the police and the military, so they tend not to protest when these agencies abuse their powers. But those who notice have the responsibility to do so!
To read today's other editorial submission by William Murphy, "GATA Sues Federal Reserve to Disclose Gold Market Intervention Records," click here now.
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Posted by Dean Kavouras on 1/2/2010 8:56:21 AM
Dr. Machan speaks of rights. The only rights which exist are the ones that are granted to us by our community. Those which a person can gain and defend. The latter is the truest (though most expensive) source of rights.
We might opine that it "shouldn't" be this way, but this isn't a perfect world. We must never stop asserting the good doctor's arguments, but they will always meet with limited success because of the kind of world we live in.
Reply from the Daily Bell:
Interesting points.
Posted by Ken on 1/2/2010 9:51:15 AM
The Dr. is right of course. His diagnosis is the reason the united States founders set up a Republic verse a full fledged Democracy. The present United States power structure understand this, which is why they harp Democracy and Freedom verse Republic and Liberty. A pleasant read. Thank you
Reply from the Daily Bell:
Thanks for reading - and the feedback.
Posted by Bonnie Donaldson on 1/2/2010 6:57:06 PM
Feedback from Dean was spot on!! This is not a perfect world, whatever that would be, and that's a fact! We have to deal with human nature and that has been relatively unchanging since humans came on the scene.
Lovely for the rich white men who were our founding fathers and were able to set up a "Republic and Liberty versus Democracy and Freedom." Not so lovely for native tribes, minority groups, most immigrants, women, children, slaves and indentured servants! If you white Libertarian guys want to attract very many of us women, you are going to have to modify your views just a smidgen...
As for Tibor Machan, I note that his mom did not name him Joe or Pete, so I guess he has always been under a lot of pressure to perform. And the man is a consummate performer. I also note that it doesn't take a government to take away his goodies.
Any human with a good sized automatic rifle can do the job. I submit that it is actually government that causes us to be able to have property rights in the first place. If not for government and militaries, we would be overrun.
Sure, governments get too big and powers get abused. But powers get abused even when there is no government at all. If the good professor wishes to not pay any taxes, he can go to outback Alaska, the Amazon, New Guinea, a deserted island, or any number of places where there still are no governments.
I also seethe at the notion that the prisoner is always in jail just because his actions put him there and for no other reasons. Ask the few hundred people who have been taken off death row for crimes they did not commit, and only saved due to Innocence Project.
Our jails and prisons are full of people, many of whom are guilty as sin and many who are not. When prosecutors wish to make political capital, sometimes crimes are "solved" in the most "convenient" way. Life is not fair and Machan will pay taxes, go to jail, or live in the outback somewhere.
I wanted to let you know that I finally found "the elusive Higgs Boson". He lives in a really remote area and I had to walk for 3 days, return trip. Bessie and Higgs were astounded when I told them that, if Higgs did not show himself in town pretty soon, modern science was going to come to an end.
They don't much cotton to science anyway. Higgs said, "Dadburnit, I never heard anything so silly in all my days." And Bessie says that they may never bother to leave the woods anymore at all. I did my best to convince the Bosons but, if the Particle Collider can't find them, it's not my responsibility.
My Cro-Magnon family is going to have fun in 2010, that's our resolution! You O'Sapiens can do whatever you want.
Reply from the Daily Bell:
How tall was Higgs?
Posted by Bonnie Donaldson on 1/2/2010 7:46:45 PM
It also occurs to me that Professor Machan collects paychecks from several universities that are beholden to various State and local, as well as the Federal governments. With few exceptions, colleges and universities are supported directly and indirectly by taxpayers. Without government student loans, few students would enroll. Without the highway systems and other infrastructure, few colleges would exist. Prior to the World War 2 G.I. Bill, only the privileged elites went to college. The Land Grant systems, research and other grants, and loan programs has made it possible for Mr. Machan to be a Philosopher instead of a ditch-digger.
Professor Machan should stop being a hypocrite and also stop biting the hand that feeds him. More than many people like to admit, we're all in this together!!
Reply from the Daily Bell:
Mr. Machan, in our opinion, is allowed to make philosophical points without ad hominem attacks being brought to bear.
Posted by Bonnie Donaldson on 1/2/2010 8:03:02 PM
How tall is Higgs Boson?
He's not all that tall but he's built as big as a defensive linesman. His closest neighbors are Hilda and Ne Anderthal. They are all pretty inbred out there since no new blood ever comes into that area. I nearly got shot before they finally recognized I was a Magnon and not an O'Sapien. All of them were against letting Sally and Hom O'Sapien move into the region. And I guess they were right.
Reply from the Daily Bell:
OK, thanks.
Posted by Perg on 1/2/2010 9:40:34 PM
Dr. Tibor Machan makes a very simple and clear description of the disintegrating liberty's that we enjoy, Taxes are a fundamental injustice and the people don't put a fight against them, so I don't expect much of a fight to protect our other liberties. It is a feudal state we live in any one that can't see that is blind.
Reply from the Daily Bell:
In the land of blind, the one-eyed man is King?
Posted by Trevor Dupuy on 1/4/2010 6:00:08 PM
The Constitution is the law of our land that We The People created and agreed to abide by. The 16th Amendment authorizing an income tax means that the majority of We The People agreed to allow the government to limit our right to our income. If we want to withdraw that limitation, there is a way We The People can repeal that law.
We must recognize however, that the government We the People have authorized must have the means to operate. To do this within the scope of the original intention of our Founders, we must replace the income tax with another source of revenue, but only to pay for those functions authorized by We The People through Constitutionally enumerated powers as originally stipulated in the Constitution, Article 1, Sections 8 and 9.
Congress was originally given the power to lay and collect taxes (Section 8), but could do so only in proportion to the census (Section 9). I would suggest that power could best be effected with some form of consumption tax such as the "Fair Tax". Such a tax could be collected and managed by the States (thus eliminating the IRS) in 50 seperate escrow accounts to pay only for Constitutionally authorized actions. The States, by a 2/3ds majority would have final determination as to what actions are deemed to be constitutionally authorized and how much would be disbursed to the federal government.
Such an action could be facilitated by the simultaneous repeal of the 17th Amendment where Senators would be selected by the States to help insure Congress doesn't exceed its Constitutional bounds.
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