Liberty and Community

There are two tensions that dominate our political and social living. They are individualism and community. Each has its necessary functions, but they are often at odds with one another. As individuals we often feel coerced into accepting community-wide decisions that we may believe to be unwise or too restrictive. Conversely the community may resent the iconoclast who harshly criticizes cooperative efforts. Even the most steadfast loner is aware that once in a while the group format is necessary for survival. Most community members, too, understand that there are times and circumstances that become unmanageable in the midst of the group. One must focus on the issue and complete the task alone. That is what is known as personal responsibility.

Most effective community ventures are ad hoc affairs. The people come together to resolve an issue that affects the whole area. The most common examples of ad hoc organization can be found in communities that have experienced a natural disaster such as a tornado, hurricane, massive flooding or any number of potentially devastating events. The disaster often isolates the community from the outside world, and the residents must join together to secure some degree of individual safety. The most hardened individualist will embrace the community’s collective program to survive and recover.

Government represents the most forceful and permanent aspect of a community’s attempts to work collectively. The passage of rules, ordinances and laws replace the informal organization of spontaneous unity found in ad hoc event-oriented cooperative efforts. The rule making becomes a permanent element of the community, and individual laws may extend beyond their original justification. While some may view the individualist as a contrarian, her or his heightened sense of self-purpose and self-interest generates a reluctance to accept the community restrictions. Because of the power for enforcement, all government rulemaking or legislation is by nature…tyrannical. If an individual resists the rule,….for whatever reason…the collective power of the governing unit can be forcefully used to secure her or his compliance.

Not all laws, regulations or rules are wise, nor are they necessarily fair or equitable. The community (government) believes that total compliance is necessary for order and cooperative living. The individualist chafes at what appear to be meaningless attempts to coerce conformity. The individualist swims against the stream while the communitarians choose not to make waves. The slow creep of tyranny moves unabated when people suppress their individuality and fail to stir the waters of discontent and caution.

People who love liberty and citizens who protect liberty are the original “surfers” or “wave riders.” We need more of them. In a guest editorial in the Wall Street Journal (Monday, 9/26/2011), Senator Susan Collins of Maine has called for a moratorium on regulations. She revealed that there are 4200 rules or regulations waiting to be approved that could negatively impact the economy. It’s about time. Now begin repealing the others. The community is not infallible, and the individualists must resist the oppressive tyranny of a community run amok. Stand tall, and don’t be afraid to fall.

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Laws and Responsibility

Back in the day when I served in the state legislature, I often remarked in my speeches that the six most dangerous words in Ohio are “there ought to be a law…” We are over-lawed (new word?). In other words we have too many laws. What we need are accountability and responsibility. If you hurt someone or their property because you were negligent or intentionally destructive, then you should be held accountable. As an example, if you’re texting, drinking or under the influence of prescription drugs and you crash into another car, you should be charged with negligence and failure to maintain control.

Why is it necessary to have traffic laws that ban driving while drinking, driving while texting or any number of potential distractions or performance degraders? If they are necessary, we should include driving while drinking coffee or eating. We might also include shaving or applying makeup as tasks that should be prohibited while one is operating a motor vehicle. There are even more activities that could or should be banned while driving such as reading, talking to a passenger, adjusting the radio or CD player, or picking one’s nose. I have witnessed every one of these distracting behaviors while driving. It isn’t pretty out there, folks.

Obviously as the clever readers you are, you have discerned that I am disturbed by the proliferation of laws that our legislators and regulators have thrust upon us. It is a common practice among despotic or totalitarian governments to pass numerous laws so that nearly every citizen breaks some of them and then selectively enforce them. This bi-polar approach causes the populace to be fretful and fearful but allows the leaders to dole out favorable treatment for friendly elites. For example you may be charged for munching on an Egg McMuffin while pursuing your morning commute, but the police may have strict orders to ignore the Assistant to the Associate Deputy Secretary of Secretarial Assistants when she rabidly consumes a bowl of Frosted Mini Wheats while scampering down the freeway at 20 mph above the legal limit. Lots of laws create a maze of regulatory tape that is impossible to navigate without violating one or more of them…that is “soft tyranny.” The government doesn’t throw you in the clink for no reason, but they do create a multitude of trip wires to legitimize your incarceration.

Paranoia is not a typical condition for me, but the profusion of laws, rules and regulations that impact our behavior, our commerce and our daily lives have caused me to become extremely skeptical about our government’s commitment to individual liberty. For now…if we violate a number of the “gotcha” regulations, we are fined. If enough people systematically fail to follow the proscribed rules, it seems probable that harsher penalties may be employed. There are so many fronts where Big Government is attacking the people that this one may seem trivial, but it can lead to hard tyranny as the government and its big-government supporters and enablers seek to wield control---for our own good….of course.

Too many laws lead to confusion, so why not streamline the criminal code to identify the broad categories of unacceptable activity. The penalties, if any, could be based on outcomes rather than law enforcement personnel seeking to interdict every potential violator. If you drive and you harm someone or their property while negligently distracted, you must pay restitution, fines and jail time if appropriate for the offense and the damage. It shouldn’t matter what activity led to the negligent distraction. It’s the result of the negligence that generates the penalty. As someone who cherishes my liberty, I resent the nitpicking package of laws and regulations that have invaded our lives. As someone who believes strongly in accountability and responsibility as necessary for citizenship, my resistance to the plethora of controlling rules grows greater every day. The Nanny State mentality has drifted from our social welfare policies into law enforcement. It sickens me.

It has been thirty years since I first began uttering the line about “there ought to be a law.” Given the nature of our ineffective, inefficient and dominating government today, those six words may not be the worst…the most evil. They are still noxious and still toxic. We have too many laws. We have too many constraints on our freedom. We must be responsible for our actions, our behavior and our stupidity. When the law becomes too complex, it can become abusive. Liberal progressive socialist busybodies love laws because they narrow the parameters of our liberty. The lefties assume that we are too stupid to live without the benign intervention of the government. They do not yet realize that we may be too angry to live with it.

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Safety First

The Nanny State cares about you. The Nanny State wants you to live life without facing any adverse situations….well, without facing difficulties that have not been caused by government. You see, when life throws you curve balls, those are bad. When government throws you bean balls, those are called “shared sacrifices.” The Nanny State is committed to protecting you from every type of imaginable or potential harm…except for the damages inflicted by the government. Even when I personally resent the Nanny State’s annoying meddling in my life, I could, at some level, understand the insatiable desire by the government to control so many facets of my life if they were not ideologically and agenda driven constraints. Many of the limitations and regulations do not make sense from an economic or a safety point of view, but do satisfy some misbegotten ideological purpose.

A glaring example that we have previously discussed on these pages is the banning of the incandescent light bulb in favor of the compact fluorescent variety. For the moment the House has suspended the implementation of the policy, but government never gives in, never gives up. The insanity of an ideological unproven “global warming” scare leading Congress and the EPA to ban a tried and true technology and replace it with a toxic-laden substitute illustrates the folly of much government regulation—particularly the ideological-driven rules. The collectivist attitude is blatantly apparent in this regulatory fiasco….preserve the planet from a theoretical future of global warming, but put individuals at risk with more expensive deadly products.

When any child loses his or her life, it is a tragic circumstance. According to the Product Safety Commission, in the last ten years 32 children have been mortally injured by baby cribs with sliding adjustable sides. With the publishing of the data the PSC has arbitrarily determined that ALL parents are too stupid or lack discernment to choose a crib for their children that is not so risky. So, they have banned the sliding-side infant crib, and forbade reselling of older models at garage sales and thrift shops. We are waiting for a definitive rule that bans “giving” the lethal cribs from one family member to another as has been the historical norm. While 32 deaths are regrettable and heart-breaking, the banning of the crib can, to some degree, affect nearly all of the 308 million residents of the nation.

Unlike the infant crib regulatory ban, RU-486, the “morning after pill,” is ideologically and politically correct. The statists promote unrestrained abortion, and resist any attempt to curtail the deadly industry. It is apparent that ideology trumps safety when the impact of RU-486 is examined. According to analyst David Alton of Great Britain, roughly 5-8% of RU-486 users experience severe complications…including death. So, the obvious question is “why are sliding-side baby cribs banned because of their dangerous potential when RU-486 has a much higher level of malfunctioning?” Clearly the answer is that Big Government and the Nanny State are driven by ideological considerations. Aborted children and their deceased mothers are an acceptable risk to preserve the right to destroy children at will according to the government’s priorities.

As the government and the multiplicity of agencies, bureaus and departments roam the country looking for ways to make my life better and safer, the unspoken factor is that every little regulation that makes my life safer also limits my freedom. Many would argue that the comprehensive examination conducted by the TSA at our airports is necessary to protect us from nefarious characters. We know, however, that their “so-called” random extensive observations have no basis in reality other than mere statistical happenstance. Profiling is forbidden because it may be deemed as discriminatory whereas groping small children and little old ladies in wheelchairs is considered acceptable. Once again, the Nanny State’s efforts to enhance our safety do little to make us safer and do restrict our personal liberty.

Finally, this observation does not involve product safety or the efficacy of pharmaceuticals. I wonder how can a government that is so concerned with the potential safety of every citizen when they interact with the private sector, be so nonchalant about high-level bombing using aircraft and drones? The resultant collateral damage from those sorties exceeds the losses by far from some of the issues they seek to regulate. Does our federal government practice gross discrimination by assuming that Libyan civilians or Afghanis are not as valuable as U.S. residents? Or is it that Nanny State’s real concern is for the power to control us? Our actual safety and well-being are secondary considerations. Every little regulatory element places another nail in our boxes. The motto of the new order is “safety first, liberty never, state forever.” Enjoy your safe trip toward tyranny, because it will be nearly impossible to come back.

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Heartbeats and Hoofbeats

Some events are pleasant for us, and others fill us with apprehension. The only people whose lives are a straight line with no ups or downs are those in a coma. When we are excited, our hearts beat faster and our adrenaline kicks into “turbo mode.” When the anticipated event is a happy one, our senses are heightened so that we may enjoy the moment to the fullest. Pending peril, too, generates a similar response. Our sensory tools are sharpened as we wait for the danger to reveal itself to us. After identifying the threat, we determine our response…usually fight or flight.

Most of us who love our nation experience the swelling pride and joy whenever we hear a patriotic song, view a film clip of homecoming soldiers or witness a community pulling together following a natural disaster.  Our sense of connection is more than patriotism. It is a sense of common place…shared experiences and views. Happy heartbeats germinate in a similar environment. When we encounter something that springs from the familiar but contains a positive joy-inducing stimulus, we respond with happiness…unrestrained and glowing. Heart beats induced by happiness may be fast and furious, but they do not consist of the heavy pounding intensity that fear-based ones do.

The thundering hoof beats of Paul Revere’s galloping steed echoed through the night as many in Massachusetts slept. Those who were awake, however probably felt apprehensive heart beats in their chests as Revere spoke the alarm. For them it marked the beginning of new and unknown chapter in their lives. Their zeal for liberty must have been tempered to some degree by the knowledge that they were about to challenge the greatest military power on earth. Second thoughts must have entered their minds as Revere’s hoof beats faded into the dark, and the pounding staccato of their beating hearts may have caused them to fear that the noise might stir their neighbors. The rhythmic sounds of hoof beats and heart beats blended to form a melody of freedom with minor chords of fear.    

The thrill and challenge of facing overwhelming odds when you know that your cause is just can be an exhilaratingly fearful time. The body springs into alert mode and all of the senses are on “super-sensitive.” Muscles twitch with anticipation, and a surge of energy flows through the body. Do you feel that way now? Are your body, your mind and all your senses on “high-alert?” They should be. The hoof beats of alarm have left the area and are moving to call out the next alarm. Your liberty is threatened. Your life, as you know it,…is in danger. Your nation faces its most grave crisis since 1861. You as a champion of liberty and as a defender of the country are being called to action.

This danger is not new to you. I am aware of that, and I know that you have been battling for months or years to stem the flow of a big government run amok. This column is nothing more than an attempt to reinvigorate you because I sense that many of you may be getting weary. Each effort begins with so much hope and anticipation, but the turnout for the meeting is too small, the volunteers at the event are too few, or the hardheads in another group are too obstinate to cooperate. The obstacles sometimes seem too great to overcome. After watching Congress or the President, the legislature or the Governor, the Commissioners or the mayor all do something grievously unconstitutional or monumentally stupid, the task seems too difficult. The sound of the hoof beats reminds you that the alarm is real, and you are needed once again for this just and worthy cause.

Harness your fear for the future, and corral your anger about the audacity of those who foul the Constitution and the rights of our citizens. Bind them, merge them into a burning white-hot heat that will not be denied until your country has been restored…recaptured…returned. Remind yourself again and again that your fight is not for you but for those who follow. Your fervor and energy must not waver. You must persist and persevere because failure is unacceptable and leads to despotism and tyranny. You cannot stop. You must not stop. Your emotion-filled heart reminds you with every forceful beat why you must fight on……………………….and you will.

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Liberty's Laggards

A recent article in “MailOnline” the internet version of the Daily Mail from the United Kingdom provided an individual freedom analysis for the 50 states of the United States. There’s some irony in the fact that a British paper sought to examine liberty in the former colonies. Clearly when describing liberty within states there are subjective parameters at work. The 50 “laboratories for democracy” have considerable leeway in determining how their states will be organized and function. The three largest areas of limitation for them within the federal Constitution are the mandated federal obligations as given in the enumerated powers, the prohibitions for curtailing inalienable rights, and the states must be democratic republics. If the fifty states take their freedoms seriously, there are multiple opportunities to experiment with laws and rulemaking to generate environments for prosperity and liberty.

Alas, too many of our formerly-sovereign states have followed the lead of Big Brother by implementing restrictive regulatory structures and punitive tax policies. Where they might have flourished as laboratories of freedom and opportunity, they, instead, overregulated, overtaxed and overwhelmed their citizens with obstacles and constraints. The “MailOnline” piece by Mark Duell lists New York and California as the worst offenders in the limitation of individual freedom. These are two of the largest states in the union…rich in resources, talent and population. It defies logic for states so richly endowed to squander their natural wealth for the false dream of centralized government. Another state that Duell has categorized as “less free” is my own native Ohio. As a candidate for statewide office in 2010, I drove across the entire state. It was clear to me how statism impacts the economic environment of the state. Certainly there were pockets of prosperity, but most of my beloved Buckeye state was staggered by the loss of industry…and the tangential businesses, suppliers and service companies that thrive when the industries are doing well.

The federal government and the state regulatory apparatus combined to construct high hurdles and elongated approval processes for plants to upgrade. In addition the labor union situation in Ohio has strangled attempts to innovate and create a competitive cost profile. Big government, lousy business opportunities and excessive union power are a troika for job killing. A corollary indicator of the relative freedom of the respective states is the apportionment of congressional seats following the census. One of the freer states, Texas, picks up 4 additional congress critters while New York and Ohio each lose two seats…and the corresponding national influence. Florida with its friendly atmosphere for freedom will gain 2 seats while Illinois, Iowa, Massachusetts, Michigan, New Jersey and Pennsylvania will have one fewer congressperson in 2012. Missouri also loses one seat as does Louisiana…probably an after effect of Katrina. Indeed, there is a very high correlation between a state’s level of freedom and its growth and prosperity. You might ask why California is not on the “loser list” if it is rated as “less free.” The census counts people not citizens, and the continuing migration of non-citizens to California has kept the population large enough to offset the out migration of business, jobs and citizens.

Freedom and prosperity are linked. Where the people have the freedom to function without an oppressive regulatory environment or restrictive workplace rules, they will capitalize and maximize their opportunity. Lower taxes will encourage businesses to reinvest in growth and technology. Lower taxes and spending by state governments will encourage commerce and industry. Sadly, states, cities or any other government entity cannot resist the urge to grow and control. Only one of the original thirteen states was considered to be relatively free by Duell’s analysis: New Hampshire, the state with the stirring “Live Free or Die” motto. The other two top-ranked states were South Dakota and Indiana.

As a former researcher, I am aware that correlation does NOT confirm causality. Common sense suggests, however, that states that are growing may be doing so because of lower taxes, fewer union complications and sensible regulatory environments. Those liberty-lagging laboratories of democracy who have selected more government, more regulation and higher taxes as their modus operandi are faltering … staggering. As their businesses close or move, their tax bases dwindle and their social network costs increase. It’s a downward spiral that can be corrected by choosing liberty. Some experiments fail and others succeed. The intelligent observer can discern the difference and respond accordingly. Liberty, freedom always wins. Tyranny is a loser.

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