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September 10, 2000

Were the founders a pack of thieves?

About a year back, the post office folks here in Las Vegas decided to close
down Bonanza Station and move their operation around the corner to a new
building on Martin Luther King, where there are actual parking spaces.
This provided an opportunity for the ever-expanding Donrey media empire to
annex the old post office. (From the palatial Main Review-Journal offices, one
now enters through a hole in the fence.)

The Internet gurus of lasvegas.com now occupy the old mail-sorting room, where
many a Christmas package was doubtless drop-kicked in its time. (I worked for
the U.S. Post Office one summer; I saw the target painted above the "fragile"
bin, so spare me your letters of righteous outrage. I also know where the
carriers spend the hours from noon to 3 p.m., and how the magazines in the
plain brown wrappers get dog-eared, so don't get me started.)

Anyway, it was there I was beckoned one evening last week to conduct an
"Internet chat," which is like a call-in radio show except that you have to
read the callers' questions on a computer screen and then type your answers --
a considerable challenge for us four-finger Fosdicks.

"Vin, assuming you adhere to the Libertarian axiom that 'taxes are theft,' how
do you square this belief with the power to tax given Congress in Article I
section 8 of the Constitution," asked one interlocutor.

(Oh, there's a good start. I somewhat preferred the fellow who asked what I
plan to give returned refugee Elian Gonzalez for Christmas. I asked whether he
thought Fidel would let the boy keep a Sturmgewehr-58.)

At the time, I replied to the first question: "I agree with columnist Joseph
Sobran, that while a government under the U.S. Constitution might not be
perfect, it would be far preferable to the one we have now. A government as
limited as intended by the founders would be 90 percent less intrusive. Getting
us back to that point might be one good lifetime's work.

"But absolutely, taxes are worse than theft; they are slavery. The thief does
not expect you to show up at the same time next year to turn over another third
of all you have produced. Ask anyone currently in government what is the
maximum tax rate they would allow. Not a one of them will set a limit. They
clearly believe all wealth belongs to the state; they allow us to keep only as
much as required to keep us quiet."

"So the Framers were thieves?" came back the rejoinder, helping me understand
what a rookie feels like when he realizes he's just lobbed one down the middle
to Mark McGwire.

"Hey, they were doing the best they could," I replied. Indeed, when one looks
at the state of economic and political oppression which prevailed around most
of the globe in the 1780s, the foresight of the founders was astonishing, even
if admittedly flawed. "I never much cared for counting black folk as 3/5ths of
a person, either," I continued. "But remember, the original Constitution
permitted no personal income tax; the Supreme Court (though it sure took them
long enough) eventually threw out the tyrant Lincoln's income tax. It took a
very stupid constitutional amendment to mess this up and put the central
government on the direct arterial feeding tube it now enjoys; and some
reputable scholars argue that amendment actually created no new taxing power,
anyway."

In hindsight, I do think one more thing needs to be added to this reply.
One of the ways we know the government monopoly schools are bad is that
virtually everyone who attended one will tell you the Articles of Confederation
were not working out in 1787, which is why the delegates had to return to
Philadelphia to craft our current Constitution, which all us dutiful students
will therefore certify was necessary, inevitable, and good.

If any of us thought to ask teacher why the Articles were bad, we were fed some
bunk about how the seaboard states were charging unfair tariffs on goods trans-
shipped to the landlocked states.

The only problem with that particular hokum being that the first effectively
landlocked state -- Vermont -- wasn't admitted to the union until the 1790s.
In fact, one searches contemporary accounts in vain for any reports of
rampaging mobs or people starving in the streets from 1781 and 1787 (unlike,
say, Russia from 1917 to 1920.) The only "crisis" of the time was simply that
the several states weren't ponying up as much money as the central government
in Philadelphia wanted.

Well, who ever met a bureaucrat who didn't want more money? This was no
accident. The real democratic republicans -- true heroes of 1776, like
Jefferson and Patrick Henry and Richard Henry Lee -- gave us a weak central
government under the Articles, on purpose.

In his fine novels of an alternative universe, starting with "The Probability
Broach," science fiction author L. Neil Smith asks what America would have been
like if the Declaration of Independence had contained just one additional word -
- if Mr. Jefferson had thought to declare that governments derive their just
powers from "the unanimous consent of the governed."

In that alternative universe, George Washington leads his federal troops to put
down the Pennsylvania rebellion against the whisky tax, and is promptly
captured and hanged. Albert Gallatin becomes the next president of the young
republic, promising no more of this "tax" stuff. Down to the present day, in
Smith's novels, there continues a subculture of frustrated imperialists -- led
by a thinly disguised William F. Buckley -- plotting to restore the central
taxing authority necessary for their dreams of a majestic, powerful, imperial
state. Smith dubs them the "Hamiltonians."

In real life, of course, Hamilton and the federalists waited till Jefferson was
safely out of the way in Paris, and then trooped around banging on their
shields, winning ratification of their flawed new Constitution based on
numerous promises that we need never fear the kind of powerful central
government that could, say, bar a state's secession, or override a popular vote
in any given state to legalize marijuana, or strike terror in the hearts of the
common people with the words "asset seizure," "bank account lien," or "IRS
audit."

Why? Because of "safeguards," and "powers divided between jealous factions," of
course. In net effect, they promised us the kind of non-government that the
Washington Post would today deride as "paralyzing gridlock."

Why, they were even willing to add a Ninth and 10th amendment, swearing that
the central government would never be allowed to assume any powers not
specifically listed. Not enough for you? We'll even add a Second amendment,
promising that no tax or regulation or other "infringement" can ever be allowed
to restrict the average citizen from owning, carrying and keeping in his home
"the sword and every other terrible instrument of the solder." Why, only a
paranoid fool would worry about federal tanks plowing through churches full of
innocent women and children, when "The supreme power in America cannot enforce
unjust laws by the sword," as prominent federalist Noah Webster cooed, "because
the whole body of the people are armed, and constitute a force superior to any
band of regular troops that can be, on any pretense, raised in the United
States."

So, to the questioner who asked, "Were the Framers thieves?" let us answer by
refusing to lump all those men into one group. Jefferson, Henry, Lee and the
many vocal antifederalists were not thieves. Jefferson said "a wise and frugal
government ... shall not take from the mouth of labor the bread it has earned."
These men had our best interests at heart.

Whereas the gang commanded by Alexander Hamilton -- a bunch who thought the
nation's capital should be in Mexico City, centrally located in the heart of
the region which it was our manifest destiny to eventually conquer and rule --
oh, these were ambitious men.

Thieves? At the very least, it's now well established that they lied through
their teeth.

End<{{
A<>E<>R

Integrity has no need of rules. -Albert Camus (1913-1960)
+ + + + + + + + + + + + + + + + + + + + + + + + + + + +
The only real voyage of discovery consists not in seeking
new landscapes but in having new eyes. -Marcel Proust
~~~~~~~~~~~~~~~~~~~~
The libertarian therefore considers one of his prime educational
tasks is to spread the demystification and desanctification of the
State among its hapless subjects.  His task is to demonstrate
repeatedly and in depth that not only the emperor but even the
"democratic" State has no clothes; that all governments subsist
by exploitive rule over the public; and that such rule is the reverse
of objective necessity.  He strives to show that the existence of
taxation and the State necessarily sets up a class division between
the exploiting rulers and the exploited ruled.  He seeks to show that
the task of the court intellectuals who have always supported the State
has ever been to weave mystification in order to induce the public to
accept State rule and that these intellectuals obtain, in return, a
share in the power and pelf extracted by the rulers from their deluded
subjects.
[[For a New Liberty:  The Libertarian Manifesto, Murray N. Rothbard,
Fox & Wilkes, 1973, 1978, p. 25]]

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