Cliven Bundy and The Rural Way

I said yesterday we were going to look at the confrontation between Cliven Bundy and the BLM today, and we are. But first I want you to read Victor Davis Hanson on it, so here it is:

Works and Days » Cliven Bundy and The Rural Way

I’m sure that Cliven Bundy probably could have cut a deal with the Bureau of Land Management and should have. Of course, it’s never wise to let a federal court order hang over your head. And certainly we cannot have a world of Cliven Bundys if a legal system is to function.

[...]

So Mr. Bundy must realize that in about 1990 we decided to focus on the misdemeanor of the law-abiding citizen and to ignore the felony of the lawbreaker. The former gave law enforcement respect; the latter ignored their authority. The first made or at least did not cost enforcers money; arresting the second began a money-losing odyssey of incarceration, trials, lawyers, appeals, and all the rest.

Mr. Bundy knows that the bullies of the BLM would much rather send a SWAT team after him than after 50 illegal aliens being smuggled by a gun-toting cartel across the southwestern desert. How strange, then, at this late postmodern date, for someone like Bundy on his horse still to be playing the law-breaking maverick Jack Burns (Kirk Douglas) in (the David Miller, Dalton Trumbo, Edward Abbey effort) Lonely Are the Brave.

But the interest in Mr. Bundy’s case is not about legal strategies in revolving fiscal disagreements with the federal government.

Instead, we all have followed Mr. Bundy for three reasons.

One, he called attention to the frightening fact that the federal government owns 83% of the land in Nevada. Note that “federal” and “government” are the key words and yet are abstractions. Rather, a few thousands unelected employees — in the BLM, EPA, Defense Department, and other alphabet soup agencies — can pretty much do what they want on the land they control. And note, this is not quite the case in Silicon Valley or Manhattan or Laguna Beach. The danger can be summed up by a scene I see about once a month on a Fresno freeway: a decrepit truck stopped by the California Highway Patrol for having inadequate tarps on a trailer of green clippings, just as a new city garbage truck speeds by, with wet garbage flying over the median. Who will police the police?

Two, this administration has a long record of not following the law — picking and choosing when and how to enforce immigration statutes, depending on the particular dynamics of the next election; picking and choosing which elements of Obamacare  to enforce, again depending on perceived political advantage; and picking and choosing when to go after coal companies, or when not to enforce the Defense of Marriage Act, or when to reverse the order of the Chrysler creditors, or when to allow Lois Lerner to destroy the credibility of the IRS for partisan advantage.

In other words, the Obama administration regularly breaks the law as it sees fit. So we wonder why a federal agency sends out swarms of armed security agents to the empty desert on behalf of a tortoise, when it could just as easily storm Jay Carney’s press conference and demand that the president promise to enforce the Affordable Care Act. Or start apprehending those who are not just violating immigration law, but also serially signing false federal affidavits or providing employers with fraudulent identities.

via Works and Days » Cliven Bundy and The Rural Way.

And that’s the real story here, isn’t it? Cliven Bundy is the old American ideal, doing what he has to do to earn a living in a hard world, asking neither for our help nor tolerating our intrusion. He may be wrong legally (by all accounts he is) but by Anglo-American history he is very nearly the ideal. A man who completely understands what Augustine of Hippo meant when he said, “An unjust law is no law at all”. I can’t speak for you, but I was raised to be a moral, upright, and just man, and so was Cliven Bundy. Crusty and hard to get along with he may be but, he is a real man, as we have understood it since at least the time of Henry VIII.

Now let’s talk about the BLM and Bundy.

I’m not sure that I have heard anyone claim that Bundy is in the right, in court he’s going to lose, and badly but that is not why he got so much sympathy. He got that sympathy mostly from people who believe deeply in the Rule of Law and he got it because the government badly overstepped it proper role. Just like Parliament did in the run up to the revolution.

First, I’m old enough that I remember when we referred to the police as “peace officers,” their role was to protect the peace and fight crime, and to do it legally within the constitution, and they did it superlatively. In that context, the government would have gotten an order from the court and the sheriff would have gone out and done what was necessary, whether it was seizing the land and cattle, or arresting Mr. Bundy. It might have come down to an armed confrontation, or it might not have, either way it would be a local story and almost instantly forgotten.

But now, what we saw was a paramilitary federal force invading like an occupying power with armored vehicles, air support, snipers, and all the appurtenances of modern war, to effect a civil settlement. The means were far beyond the object, and people reacted as Americans always do, against the overreach of arbitrary government power, and so like in Lexington, 239 years before almost to the day, an opposition gathered. And like that day, the government caved, at least for the moment. I also suspect more than a few BLM agents wondered what they were doing there but, that’s another story. And parenthetically, so did the British Regulars on that day.

That’s one thing that must always be remembered, American are very jealous of our freedom, and even the appearance of infringing it brings an immediate reaction. I found it quite telling to see the pictures of the opposition, with not only the national colors flying but, also the colors of every armed service of the country. These were men that know what it is to fight for freedom, and are far better trained than paramilitary federal forces. In the old phrase that has come down from the Civil War, “They have seen the elephant”.

I have said before that America is very tense, right now, and it is. It feels very much like the prairie does before a big thunderstorm. If the government is wise, it will do whatever it must to reduce those tensions. Given the isolation of the government from the people, which is hardly less than that of Parliament was from the colonies, I have little hope of that.

And thus after a long detour we come back to Sen. Reid’s comment. I and many like me see Mr. Bundy as wrong on the issue but right to resist. In truth, we see the government as acting like an occupying power, and are beginning to think of the government as the enemy of the people.

It is hurtful to the peace of the realm when government officials attempt to make us “the other” because that status (and we know this) removes any liability for anything done to us, it also works in reverse, and that is inimical to peace.

What we really have here is the clash of cultures. One is the old traditional do-it-your-way, mostly rural America, where men are men, and not interested in your forced government charity. The other is the progressive nanny state, which looks a lot like France. This is the baseline battle in our culture, and on it depends the future of America, the free world, and liberty itself.

The real endangered specie here is not some tortoise,

it’s the American.

[Update: Dan Miller has some very good thought on this as well, here.

and Kevin D. Williamson has a very good article at NRO on it as well]

 

 

Enhanced by Zemanta

The Rhymes of History

This is going to be a two or three-part series, and it’s not going to have many laughs in it. What we are going to talk about is the manifest overreach of the federal government, in especially the last few years. We are also going to dispassionately (mostly) compare it to a similar time some 240 years ago, in the 1770s. We’ll start this morning with some discussion about what the Founders were thinking in those days. So, let’s begin.

And so, Sen. Harry Reid thinks that Cliven Bundy and those with him the other week are domestic terrorists. I suppose he is entitled to his opinion, and we’ll come back to that.

It seems to me that we are starting to tread on ground that we haven’t covered in about 240 years. Yes it may be that serious. And so we need to review the basics. America was founded above all to reclaim the liberties afforded to all freeborn Englishmen, and because of when the settlement happened, we inherited them at their zenith. In fact, in 1775, Edmund Burke said this:

Let the colonies always keep the idea of their civil rights associated with your government-they will cling and grapple to you, and no force under heaven will be of power to tear them from their allegiance. But let it be once understood that your government may be one thing and their privileges another, that these two things may exist without any mutual relation – the cement is gone, the cohesion is loosened, and everything hastens to decay and dissolution. As long as you have the wisdom to keep the sovereign authority of this country as the sanctuary of liberty, the sacred temple consecrated to our common faith, wherever the chosen race and sons of England worship freedom, they will turn their faces towards you. The more they multiply, the more friends you will have, the more ardently they love liberty, the more perfect will be their obedience. Slavery they can have anywhere. It is a weed that grows in every soil. They may have it from Spain, they may have it from Prussia. But until you become lost to all feeling of your true interest and your natural dignity, freedom they can have from none but you. This is the commodity of price, of which you have the monopoly. This is the true Act of Navigation, which binds to you the commerce of the -colonies, and through them secures to you the wealth of the world. Deny them this participation of freedom, and you break that sole bond which originally made, and must still preserve, the unity of the empire. Do not entertain so weak an imagination as that your registers and your bonds, your affidavits and your sufferances, your cockets and your clearances, are what form the great securities of your commerce. Do not dream that your Letters of office, and your instructions, and your suspending clauses are the things that hold together the great contexture of this mysterious whole. These things do not make your government. Dead instruments, passive tools as they are, it is the spirit of the English communion that gives all their life and efficacy to them. It is the spirit of the English constitution which, infused through the mighty mass, pervades, feeds, unites, invigorates, vivffles every part of the empire, even down to the minutest member.

And it seems that history does at least rhyme, because we may have come again to that point.

And so, we find ourselves doing the same things as the founders did, studying the writing of the great philosophers of antiquity as we attempt to discern the way forward. And inevitable after watching the confrontation in the Nevada desert, we gravitate to St. Thomas Aquinas, and his just war theory, in Summa Theologica, he writes of the just causes of war, to wit.

  • First, war must occur for a good and just purpose rather than the pursuit of wealth or power.

  • Second, just war must be waged by a properly instituted authority such as the state.

  • Third, peace must be a central motive even in the midst of violence.

Which is all very well, but leaves us with the conundrum of the “properly instituted authority, such as the state”.

The School of Salamanca expanded on his work in this area thusly:

  • In self-defense, as long as there is a reasonable possibility of success. If failure is a foregone conclusion, then it is just a wasteful spilling of blood.

  • Preventive war against a tyrant who is about to attack.

  • War to punish a guilty enemy.

Which sheds a bit more light, with the introduction the term tyrant.

We often have trouble when arguing in the English-speaking world when we work from sources connected with the Catholic church, for all their learning which is immense and very useful, there is also a dichotomy. The Church is properly called The Roman Catholic Church, and it is no misnomer. That is in no way meant to be a disparagement of the church, but since the empire itself, Roman law has always had the principle that the state is the giver, the top of the pyramid, if you will.

In the English-speaking world, which developed from the old north German tribes (Angles, Saxons, Jutes, and others) who migrated to England after the Roman period and never owed allegiance to the empire we have another model. In our history the government has always been the creation of the people, and the government, the servant of the people. This is the thread of which we have spoken so many times that runs from King Alfred’s Charter to, Magna Charta, on to the English Civil War and the Glorious Revolution and the English Bill of Rights, and continued on this side of the Atlantic with the American Revolution (which many see as a reprise of the English Civil War) and finally the Constitution and its attendant Bill of Rights.

That is a very long way of saying that the people are sovereign and may set up their government as they please. And that gives us the properly instituted authority, that Aquinas demands, the people are the highest authority, in our world.

Even the law codes reflect this, in the Roman world we hear such terms as the Justinian Code and the Code Napoleon, which signify law written from scratch by the ruler and imposed on the populace. But in our world we have the Law of the Land, by which we usually mean the Common Law, and it reflects what we have said, instead of being imposed by the ruler, it has been built one case at a time over the centuries, by the people themselves, and their needs.

The clearest manifestation of the difference is in this. In most of Europe it is assumed that you can do most anything if you get the permission of the government. In the UK and even more in America it is assumed you can do anything you please unless it is specifically prohibited by law. It is a very big difference, isn’t it?

That’s all fine and good, but do we have the individual right to resist the government. In some ways that is a question that you have to answer for yourself, but if we go back to St. Augustine we’ll find that while he considered self-defense to be a bit sub-optimal, he did recognize it and further recognized a right to defend the weak and/or defenseless. He recognized that one could be faithful to God and still be a soldier, although it could at times present a decided dichotomy between obedience to God and obedience to the state. In the last analysis, you’re going to have to talk it over with God.

That’s the general background that supported the Revolution, and would have to be satisfied to justify another one. Echoing everyone who ever thought about this Thomas Jefferson said this in the Declaration of Independence:

Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security..

So we need to think long and hard before doing anything like that, and make sure we can’t do it peacefully. But of course, it’s not entirely up to us either.“

In our next post, we will analyze the confrontation between Cliven Bundy and the BLM.

Enhanced by Zemanta

Cooked Books and Corrupt Government

English: Three-quarter length portrait of Rudy...

English: Three-quarter length portrait of Rudyard Kipling, photographic postcard, by Bourne & Shepherd. Image courtesy of the Beinecke Rare Book & Manuscript Library, Yale University.http://beinecke.library.yale.edu/dl_crosscollex/brbldl/oneITEM.asp?pid=2022961&iid=1088883&srchtype=VCG (Photo credit: Wikipedia)

And so, as I imagine most of you know, the administration has decided to cook the census books to get ‘better’ numbers for Obamacare. I wasn’t particularly surprised, they’ve cooked all the other books, why not these? Apparently, Megan McCardle was surprised. She had this to say:

I’m speechless. Shocked. Stunned. Horrified. Befuddled. Aghast, appalled, thunderstruck, perplexed, baffled, bewildered and dumbfounded. It’s not that I am opposed to the changes: Everyone understands that the census reports probably overstate the true number of the uninsured, because the number they report is supposed to be “people who lacked insurance for the entire previous year,” but people tend to answer with their insurance status right now.

But why, dear God, oh, why, would you change it in the one year in the entire history of the republic that it is most important for policy makers, researchers and voters to be able to compare the number of uninsured to those in prior years? The answers would seem to range from “total incompetence on the part of every level of this administration” to something worse

But I fail to see why we would expect anything else, we passed beyond the “Rule of Law” sometime late in the Bush presidency, or early in Obama’s, it hardly matters anymore. And if you’d like to know why there is no inflation, it’s mostly because we don’t count food, and fuel, anymore. Been to the grocery store lately? As usual Kipling said it best:

As it will be in the future, it was at the birth of Man
There are only four things certain since Social Progress began.
That the Dog returns to his Vomit and the Sow returns to her Mire,
And the burnt Fool’s bandaged finger goes wabbling back to the Fire;

It’s all a sham, the corrupt books passed cooked to the apathetic. Nobody knows what is going on because the reports are, quite simply, lies. Nobody knows, not even the corrupt kleptocrats who perpetrated it. Why can’t anything be saved? Because the laws don’t work, especially the corporate bankruptcy laws, anymore. The housing bubble and the GM and Chrysler bailouts ruined all confidence in the market. Why do we have illegal aliens? Because unless you can afford the disguised bribes, or you work for an employer that wants cheap labor, you cannot immigrate legally.

But that’s all water over the dam, it simply doesn’t matter anymore. Why? because a huge majority of the citizens simply don’t give a damn, haven’t in years. They don’t care if they earn a living. Eat the Rich! What they’ll do when there are no rich except their masters in Washington never enters their minds.

That’s too much like cause and effect for their simple minds, so never mind.

And so Kipling again applies:

Recessional

God of our fathers, known of old,

   Lord of our far-flung battle-line,

Beneath whose awful Hand we hold

   Dominion over palm and pine—

Lord God of Hosts, be with us yet,

Lest we forget—lest we forget!

The tumult and the shouting dies;

   The Captains and the Kings depart:

Still stands Thine ancient sacrifice,

   An humble and a contrite heart.

Lord God of Hosts, be with us yet,

Lest we forget—lest we forget!

Far-called, our navies melt away;

   On dune and headland sinks the fire:

Lo, all our pomp of yesterday

   Is one with Nineveh and Tyre!

Judge of the Nations, spare us yet,

Lest we forget—lest we forget!

If, drunk with sight of power, we loose

   Wild tongues that have not Thee in awe,

Such boastings as the Gentiles use,

   Or lesser breeds without the Law—

Lord God of Hosts, be with us yet,

Lest we forget—lest we forget!

For heathen heart that puts her trust

   In reeking tube and iron shard,

All valiant dust that builds on dust,

   And guarding, calls not Thee to guard,

For frantic boast and foolish word—

Thy mercy on Thy People, Lord!

 

Well, you know what,it’sMaundy Thursday, and it’s my birthday, another year closer to getting worthless (by then) Social Security. In my lifetime, I’ve watched my country consistently hold the line on freedom, and win the cold war, and then gone from that triumph, on to become a lawless, rogue regime, that couldn’t find enough leadership to lead a horse to water. And so, I’ve nothing particularly important to do today, so I think I’ll go find a bottle of whisky, and get drunk as a lord.


After all, Who is John Galt?

 

Enhanced by Zemanta

Tax Day Bill Whittle

As always, correct.

There are benefits that Bill doesn’t go into as well, such as much less lobbying, and so forth. Unfortunately they make it unlikely to pass Congress, let alone the executive branch. But it is a very good idea.

Enhanced by Zemanta

Calm Down Dears: State Snooping is a Price Worth Paying for Our Security, or is It?

NSAWe haven’t talked much here about Snowden and the repercussions of his acts, partially because nearly everyone else has, and partially because I’m very conflicted. He told us things we should have been told but, he also revealed thing that he shouldn’t have done. So, there you go. What I’ve always wanted was a balanced presentation, because freedom from an intrusive government is very important, but so is a modicum of security.

It is in some sense a line drawing game, it’s for very high stakes, and it’s very important to us all. So where do we draw that line. One thing I do know, I’m very uncomfortable having a newspaper making these decisions, and only slightly less with a bureaucracy and/or a secret court making them. We simply must do better than that.

Last night I watched a debate at Intelligence Squared from London that limned the issues well. I ended up in the minority but in a sense, like usually happens when a serious debate on these type of issues happens, there was actually more agreement than you would expect. It was published last 28 September and yes, it really is an hour and a half long. It is also the best presentation of the issue I have seen, so here it is.

Calm Down Dears:

State Snooping is a Price Worth Paying for Our Security

Like so much in this type of thing, a lot of it comes down to, “Do we (or dare we) trust our government?” And that is a lot of the problem, so many things in our government that we thought we could trust have become politicized that we are no longer sure that anything the government does is trustworthy. And that is a question we each have to answer for ourselves, and then make sure our decision is heard.

Enhanced by Zemanta

History Rhymes

Rudyard Kipling

Cover of Rudyard Kipling

 

Mark Twain told us that history doesn’t repeat itself, but it does rhyme. As we look at the economic numbers which show the workers and the middle class are losing income every year, and only the connected are succeeding in increasing their income, it struck us that it is literally true in this case.

 

Why? Because it was much the same in Rudyard Kipling’s day, and he wrote about it. So, on Sunday morning, we bring you this

 

The Wage-slaves

OH, glorious are the guarded heights
Where guardian souls abide—
Self-exiled from our gross delights—
Above, beyond, outside:
An ampler arc their spirit swings—
Commands a juster view—
We have their word for all these things,
No doubt their words are true.

Yet we, the bond slaves of our day,
Whom dirt and danger press—
Co-heirs of insolence, delay,
And leagued unfaithfulness—
Such is our need must seek indeed
And, having found, engage
The men who merely do the work
For which they draw the wage.

From forge and farm and mine and bench,
Deck, altar, outpost lone—
Mill, school, battalion, counter, trench,
Rail, senate, sheepfold, throne—
Creation’s cry goes up on high
From age to cheated age:
“Send us the men who do the work
“For which they draw the wage!”

Words cannot help nor wit achieve,
Nor e’en the all-gifted fool,
Too weak to enter, bide, or leave
The lists he cannot rule.
Beneath the sun we count on none
Our evil to assuage,
Except the men that do the work
For which they draw the wage.

When through the Gates of Stress and Strain
Comes forth the vast Event—
The simple, sheer, sufficing, sane
Result of labour spent—
They that have wrought the end unthought
Be neither saint nor sage,
But only men who did the work
For which they drew the wage.

Wherefore to these the Fates shall bend
(And all old idle things)
Werefore on these shall Power attend
Beyond the grip of kings:
Each in his place, by right, not grace,
Shall rule his heritage—
The men who simply do the work
For which they draw the wage.

Not such as scorn the loitering street,
Or waste, to earth its praise,
Their noontide’s unreturning heat
About their morning ways;
But such as dower each mortgaged hour
Alike with clean courage—
Even the men who do the work
For which they draw the wage—
Men, like to Gods, that do the work
For which they draw the wage—
Begin-continue-close that work.
For which they draw the wage!

 

Have a good day.

 

Enhanced by Zemanta
%d bloggers like this: