THE LIBERTARIAN REVIEW January 1979 $1.25 There are half a million men and women in ~~ prisons around the world for the simple crime of ...... disagreeing with their governments. From South Africa to the Soviet Union, canIieIp&ee...... from Brazil to Korea, authoritarian regimes persist ~ in the barbarian practice of jailing, often torturing, ofconsc:lence·aU their citizens not for anything they've done, but for what they believe. Ihe..-W. These prisoners of conscience have only one hope - that someone outside will care about what is happening to them. Amnesty International has helped free over 14,000 political prisoners by marshaling world public.opinion through international letter-writing campaIgns. Your pen can become a {Jower:ful weapon against repression, injustice and Inhumanity. Join with us today in this important effort. Because if we do not help today's victims, who will help us if we become tomorrow's?

Amnesty International 3618 Sacramento San Francisco, 94118 (415) 563-3733 2112 Broadway New Yo'rk, N. Y. 10023 (212) 787-8906 o I would like to join A mnesty International in helping to free prisoners ofconscience. Enclosed are my dues offifteen dollars. o Please send me more information. o Enclosed is my contribution of$ _ to help you in your efforts.

name Prepared by Public Media Center. San Francrsco. address city state .zip (Dues and donationS are tax-deductible) TDE LIBERTARIAN FEATURES REVIEW China: The Annihilation of Hutnan Rights 26 JanuarII979 by David Hart Volume ~ No. 12 "Why has it taken so long to expose the gross violations of human rights-the massacres, torture and imprisonment-that have occured since the Communist Chinese Party came to power in 1949?" Playing the Mont Pelerin 1947-1978: China Card The Road to LibertarianisIn 16 by Leonard E Liggio by Roy A. Childs, Jr. The thirty-first annual meeting of the Mont Pelerin "This is 'balance of power' Society included a special session on the growth ofthe politics played with a ven­ libertarian movement worldwide-and featured a number geance: with neither 'nation­ of speakers who described themselves as libertarians. al security' nor crusading anticommunism any longer cloaking the reality ofAmer­ Jones as Jesus: Madness as ican meddling in the interna­ a Posthutnous Diagnosis 34 tional arena:' by Thomas S. Szasz Page ... 20 Why the Reverend Jim Jones wasn't "discovered" to be "mentally ill" until after it was too late. Affirtnative Action: Quota to End All Quotas? 36 Editor, Roy A. Childs, Jr. by Milton Mueller Senior Editor, JeffRiggenbach Associate Editors, "If affirmative action can survive the current onslaught Walter E. Grinder, of reverse discrimination cases, then the ruling elite will Leonard P. Liggio, have ostentatiously put a band-aid over a gaping Joan Kennedy Taylor wound-and gotten away with it:' Contributing Editors, Murray N. Rothbard, Tom G. Palmer, Bruce Bartlett, Bill Birmingham Milton Mueller Editorial Assistants, DEPARTMENTS Justin Raimondo, Victoria Varga Administrative Assistant, Pat Pope The Libertarian Editorials 4 Assistant Art Director, The Shah Revisited; Uncle Sam: Accomplice in Crime; Marianne Ackerman Art Director, Andy Saunders Oil, Iran, and American Foreign Policy; Where the Yellow Went; The Press Victorious? Libertarian Review is published monthly by Libertarian Review, Opening Shots 8 Inc. Editorial and business offices, by Bill Birmingham 1620 Montgomery Street, San Francisco, CA 94111. ©1978 by Libertarian Review, Inc. All rights Letters to the Editor 10 reserved. Opinions expressed in bylined articles do not necessarily reflect the views of the editor or The Public Trough 12 publisher. Libertarians in Government Subscriptions: Single copy, $1.25; by Bruce Bartlett 12 issues (one year), $15; two years,. $25; three. years, $35. Address Change: Write new ad­ The Plutnb Line 14 dress, city, state and zip code on Statism, Left, Right and Center sheet ofplainpaper, attach mailing by Murray N. Rothbard label from recent issue of LR, and send to Circulation Department, Libertarian Review, 1620 Mont­ Books and the Arts 41 gomery Street, San Francisco, CA Walter Block on Nancy C. Baker's Baby Selling 94111. Second class postage paid at San Francisco and additional Joan Kennedy Taylor on Raoul Berger's offices. Government by Judiciary enjoy.ThePresident's behav­ ior in the matter of Iran has been a nationaldisgrace, and THE the sooner it is widely ac­ knowledged as such, and something is done to change such sorry policies, the bet­ LIBERTARIAN ter. -JR Uncle Satn: accotnplice. . EDITORIALS In crltne THEPEOPLEANDMEDIA of the United States have re­ acted strangelytotheIranian revolution. Many seem to phasized and reemphasized toms?" Are torture and im­ view the political eruption that the Shah's despotic re­ prisonment what the Presi­ there as a causeless misfor­ The shah gime has been brought into dentis talkingaboutwhenhe tune, like an earthquake or revisited its current state of world­ insists that the Shah is trying some "act ofGod:'The Iran­ wide disrepute, with out­ to change his country in a ian people must find this bit­ right revolution on the part "constructive" way, moving terly ironic. For if anyone is AS WE GO TO ofits victims at home, by the toward "democracy" and responsible for "destabiliz­ press, it is uncertain sheer unmitigated barbarity "social progress"? ing" Iran, it is Uncle Sam. howlongthe Shah of ofits conductofgovernment. The President has repeat­ Why shouldAmericans be Early in December, a New edly emphasized that his ad­ surprised about the Shah's Iran willremaineven York Times reporter asked ministration supports the total lack of support among officially in power in the Shah what percentage of Shah, whom Amnesty Inter­ the people ofIran? The Shah his country. A new the Iranian people he be­ national has described as was never elected-our own lieved still supported him. having the worst human governmentinstalled himin­ Premier-aPremier­ "Logically," the Shah said, rights record of any ruler in to power through a coup. In designate, tobemore "all ofthem should, because the world. That description 1953, $100,000 in CIA everyone has benefited from was first published a year funds and several agents exact-hasbegunthe my reign:' ago, but it remains true to­ ousted elected Prime minis­ process of establish­ Really? Everyone? Try tel­ day. Shortly beforetheendof ter Mohammed Mossadegh ing a parliamentary ling that to the 56 year old 1978, Amnesty Internation­ and reinstalled the Shah's man Amnesty International al revisited Iran to check on throne. Since then, we have government, and interviewed recently who the Shah's claims that he had built up the Shah's regime as there is much open had been burned all over his ended the practice oftorture a military power-not be­ talk ofthe imminent body with cigarettes by the and loosened his restrictions cause people in Iran wanted Shah's secret police after he onfreedom ofspeech andthe or needed billions of dollars departure of the was found with a printed press. The human rights in arms, but because the Shah. Hehas spoken statement by one of the group concluded that no­ Shah was our man in the himself of taking a Shah's opponents. Try tel­ thing has changed in Iran Middle East, providing in­ ling that to anyone of the and publicly accused the fluence in OPEC and a. mili­ "vacation" once or­ 300-thousand Iranians who Shah of"gross hypocrisy': tary ally on Russia's border. derhasbeenrestored have been imprisoned and The Shah's hypocrisy, We should notbe surprised tortured in the past twenty however, is mild beside that when Iranian crowds, pur­ to Iran-and there years for holding the wrong ofJimmy Carter, who prates sued by gun and club­ are indications that political views. Are torture of human rights from one wielding Iranian police, such order may stay and imprisonment among side of his mouth while storm the U.S.embassy. We, the benefits the Shah feels pledging his full support to the United States taxpayers, restored only if the everyone has derived from the IJi Amin of the Middle have armed those police and Shah never returns his reign? Are torture and East out of the other; who paidfor their training. As the from his "vacation': imprisonment what Presi­ pretends to believe the lie insurrectionin Iranmounted dent Carter has in mind that the Shah's opponents in intensity, the U.S. provid­ Whatevermayhave when he sanctimoniously are communists and reli­ ed anti-riot gear, tear gas, come to pass by the explains to us thatthe Shah is gious fanatics, while know­ and training in "crowd con­ time you read this in in trouble with his people for ing all along that they are trol" to the Shah's minions. "moving too forcefully and actually freedom-loving We shouldnotbe surprised the last days ofJan­ agressively to change some people in pursuit ofthe same atthe massive starvation and 4 uary,itshould be em- oftheir ancient religious cus- civil liberties all Americans poverty in Iran; we helped to

THE LIBERTARIAN REVIEW create it. Our foreign policy Shah's military gluttony has concerns the American gov­ tedly obtains only about five saw to it that all of Iran's oil truly gutted the country. ernment is best expressed in percent of its oil from Iran, money would be controlled The crisis in Iran is not a New York Times article of but also for America's "al­ by the government, and thus somebodyelse'sproblem. As December14,1978,byJona­ lies;' including Israel, South spent on arms and military U.S. citizens, it is our pro­ than Kandell: "Iran's Exile Africa, Japan and Western services instead ofconsumer blem. Itis ourtaxmoneyand Leader Warns West on Oil:' Europe. Moreover, this is goods. The economy ofIran our government's foreign The article begins by saying only part ofa wider rational­ is staggeringlymilitarized. In policy that is fueling the that ization, which holds that the 1978, the U.S. Defense De­ problem. And if the waste, In a warning aimed at President United States must pursue a partment sponsored foreign oppression and slaughter is Carter's support for the Shah, foreign policyofglobal inter­ military sales of$13.5 billion to end, we in America will the Ayatollah Ruhollah Rho­ ventionism in orderto secure to all nations. Iran alone ac­ have to playa major role in meini said that the United States guaranteed access to raw counted for $2.6 billion of stopping it. and other countries risked being materials. This is one of the % cut off from Iranian oil if the that total, or nearly 20 • In -MM reasons we are supposed to the past seven years, Iran has religious-led opposition move­ support overt as well as cov­ purchased $20 billion in ment reached power. ert operations designed to "I have warned foreign heads prop up unpopular, tyranni­ arms from us. Since Iran Oil, Iran, of state that, from now on, any does not have the trained head of state who supports the cal regimes, supposedly pro­ technicians to operate all the and Atnerican Shah will be deprived ofIranian ducing "stability;' so that we stuff, each shipment ofhard­ oil and all treaties with his coun­ can get the raw materials­ wareis accompaniedbyhun­ foreign policy try will be considered annulled;' oil in this case-thatwe need dreds of U.S. technicians the 78-year-old Ayatollah ... for American prosperity. and trainers. Iranian pilots AYATOLLAH RUHOLLAH said in a statement issued from That is the reason for much crash the expensive Phan­ Khomeini has given the his residence outside Paris. of American intervention tom jets at the rate of two American people a valuable Now, as any observer of not only in the Middle East every month-necessitating lesson in foreign policy, if the drama in Iran-and in­ -an intervention going even more armspurchasesto only they will listen to him. deed, ofall American foreign backseveral decades-butin make up the losses. All told, The Ayatollah is the exiled policy-knows, one of the Africa andelsewhere as well. there are 20,000 American leader ofIran's Moslems and main rationalizations of Now the Ayatollah Ru­ technicians involved in the an outspoken opponent of American intervention in hollah Khomeini is telling us installation of defense tech­ the Shah ofIran. In therecent Iran, an intervention which that all this doesn't work. nology, and in 1975, accord­ turmoil in that beleagured stretches back for decades Our continual support for ing to the Village Voice, each country, he has played a key and has found itself in sup­ the Shah has subsidized and technician cost Iran's treas­ role, not because he seeks to port of coups, bloody sup:­ propped up the Shah's op­ ury $9,000 per man per rule Iran-from all accounts pression ofdissent, CIA cov­ pression of his political op­ month. Twenty-three years he does not-but rather be­ ert operations and billions of ponents, and has, by pro­ ago Iranian agriculture ex­ cause it increasingly appears dollars in payoffs, is that it is moting a false and illusory ceeded their needs and en­ that no other regime can sur­ supposedly necessary to se­ "stability," only postponed abled them to be food expor­ vive without his support. cure American access to Ira­ the day of reckoning. Now ters. Today, 93% of their And that gives the Ayatollah nian oil. Not only is this al­ that the Shah is tottering, food products are imported. considerable clout. leged to be necessary for the and instability in Iran has Thanks to our help, the One of the reasons this United States, which admit- reached crisis proportions, the American people must built up tacit support among tories. When the u.S. gov­ plete, total international free face the fact that it is Ameri­ victimized Iranians. Instabil­ ernment intervenes to secure tradeanyway), and anendto can interventionism in Irani­ ity andrevolution eventually access to raw materials, the continual manipulation of an affairs which has helped broke out, and the opposi­ result similarly is instabili~y international trade by the to produce this sorry state. tion movements are now in access to those very sub­ American government. Iranian oil production has naturally blaming the Amer­ stances, whether oil or any­ But economics is not the been nearly completely halt­ icans for theoppression, cor­ thing else. Current crises in only consideration: there are ed by strikes and violence, ruption and torture under foreign policy are caused humanitarian concerns as and the new (temporary?) the Shah's regime, threaten­ more often than not by past well. For decades now, head oftheIranian civil gov­ ing to cut off access to oil for interventions. This is a les­ American foreign policy has ernment, Shahpur Bakhtiar the U.S. or those of its allies sonwhich the Americanpeo­ been responsible for terror -whose longevity depends who have also lent support ple must learn. They must and oppression, torture and turn away from interven­ slaughter, tyranny and war. tionism, and seek out a for­ We have been making other eign policy of determined people pay the horrible cost noninterventionism, of dis­ of ourforeign policy, a cost engagement from all politi­ to be calculated in lives and cal and military meddling, a in bloodshed and in victims strategic withdrawal from scattered across the globe. It alliances and "world obliga­ is time all that came to an tions;' a move towatd an iso­ end. -RAe lationist foreign policy. But how will we obtain those needed raw materials? Itis a sign ofhu(i\far we have Where the moved in the direction of yellow went total state control over American economic life that SIXTY-FIVE YEARS AGO, such a question even needsto when most Americans got be asked. We should buy the theirnews from newspapers, needed oil and other mater­ H.L. Mencken published an ials. Businessmen ought to essay in The Atlantic Month­ be free to make whatever ar­ ly in which he denounced rangements they can to ob­ American newspaper report­ tain needed materials from ing as an unreliable combin­ other countries, at their own ation ofignorance, misinfor­ expense, at their own risk, mation andoutrightlies, con­ and without hindering them cocted, not to inform the by tying their every business public, but to sell newspa­ deal into a confused and cor­ pers and avoid offending ad­ rupt foreign policy of the vertisers. Every newspaper, American state. No mono­ Mencken said, was much Fred Silverman lithic, manipulative, half­ more interested in a sensa­ and Edwin Newman of NBC baked scheme ought to be tional storythanin thetruth. at least in part on not being to the Shah. Their outrage at imposed on them, attempt­ And Mencken wasn't alone opposed by the Ayatollah­ the U.S. government and its ing to use businessmen as in his criticism. The term has indicated that even after bipartisan foreign policy is tools of American foreign "yellow journalism" was Iranian production is re­ altogether justified, and policy. There ought to be no born at the turn of this cen­ stored, his new government their threatened punishment government loans for sales tury to describe publishers will probably not sell oil to an act which atleast symbol­ or purchases ofAmerican or like William Randolph Israel and South Africa, as ically has more than an ele­ other countries' commodi­ Hearst, who were more Iran did before strikes shut ment ofpoetic justice to it .. ties; there ought to be no re­ drawn to scandal-monger­ off oil exports. The continual outrages of strictions on trade; there ing than to news reporting. Once again, American in­ an interventionist foreign ought to be no government Today, most Americans tervention in the affairs of policy-whose overt opera­ guarantees offoreign invest­ get their news from TV. other countries-justlike in­ tions are carried out by a ments or of international And, in some quarters, it has tervention into domestic so­ bloated military (advisors, business deals; there ought become fashionable to com­ cial and economic life-pro­ aid, bases and weapons) and to be no "most favored na­ plain about the ignorance, duces the opposite of its al­ whose covert operations are tion" status, nor any govern­ misinformation and out­ leged intentions., We inter­ carried out by the interna­ ment deals with other na­ right lies which pass for news vened to secure access to oil, tional crimes of the CIA­ tions involving the purchase on the tube, and to describe and to do that we sponsored must be brought to an end. of American commodities. TVnews executives as much a coup,supportedanoppres­ When the U.S. government There ought to be/ree trade, more interested in ratings sive, tyrannical, corrupt rul­ intervenes to fight commu­ at least on the American side andcommercial dollars than er, and helped clamp the lid nism, the result is nearly al­ (which is all we can influ­ in truth. TVcritics like Edith 6 on Iran while the opposition ways further communistvic- ence: but let us call for com- Efron and Ron Powers have

THE LIBERTARIAN REVIEW blastedbroadcastjournalists LR will take a closer look ratherthana subpoena,inits only exceptions allowed un­ in full-length books, and at "Reading, Writing, and effort to obtainphotographs der Carter's proposal are Hollywood has taken a·fea­ Reefer" next month. Suffice of a 1971 demonstration in when the possessor of the ture length potshot at TV it to say now that while it which several policemen document is himself a crim­ news ·in the award winning may seem odd for a reporter were injured-photographs inal suspect, or when a life is film Network. like Edwin Newman, who which never existed. This in danger. Probably the most telling obviously likes to think of was the first known inci­ Of course, .the Adminis­ portrayal in that film was himself as an intellectual, dence of a police search ofa tration bill ignores the liber­ that of the network news­ should lend his name to a re­ newspaper office in this tar~ principle which un­ man, Howard Beal, who hash of the old "reefer mad­ country, and was soon fol­ derlies this entire question: threatened to commit sui­ ness" type of propaganda. lowed by nearly a dozen Coerced speech can never be cide on the air and screamed But it ceases to seem odd other searches of media of­ free speech. Using force to into the camera that he was once you remember the facts fices in a variety ofcases. make someone speak is as mad as hell and wasn't going about journalism. It is, most Boththeincidentitselfand reprehensible as is using to take it any more-unless of it, showbusiness: sensa­ the Court's decision aroused force to stop that person perhaps it was the role tionalism for the sake of at­ the ire ofthe nation's press­ from speaking. Beyond the played by Faye Dunaway as tracting attention. And it is which hadbeenplacedbythe fact that this piece of legis­ the tasteless network execu­ not to be trusted. - JR Court at the tender mercies lation formally declares the tive interested only in rat­ of political hacks appointed ordinary citizen's privacy to ings. A great many people to local judgeships as their be unprotected, beyond the felt that both characters GuestEditorial: reward for years of faithful pale, the Administration bill were overdrawn, exaggerat­ party service. It was a dis­ forthrightly endorses the ed, fundamentally unrealis­ The press tinct minority of the media principle thatspeech mayin­ tic. But they seem to have which noted the dire threat deed be coerced, andonlyes­ walked right offthe screen in victorious? the Zurcher decision posed tablishes procedural controls the past few months, dis­ for the rest of our citizens: on how it may be coerced. guised as Edwin Newman DESPITE ITS SELF­ Not only was the press now Nothing more than such a and Fred Silverman ofNBC. effacing and self-promoted subject to unannounced totalitarian tenet can be ex­ Fred Silverman is the man image as the world's bastion search, without having part pected from any state; but responsible for the yellow, of individual freedom and of or accessory to a crime, the press itself has been little showbiz, broadcast journal­ liberty, the U.S. government but so were doctors, law­ better on this issue, nervous­ ism which has madeABC the has frequently and freely yers, clergymen, and any ly protective ofits own, limi­ biggest network in the coun­ stripped its citizens of civil citizen who might have a ted prerequisites. The bul­ try. And within only one liberties supposedly guaran­ document, recording, or wark of corporate statism, month ofSilverman's switch­ teed by the Constitution. photograph that could pos­ The New York Times, paid ing to NBC last summer, it Presidents from Adams to sibly serve as evidence in a brief lip service to the con­ wasobviousto anyonewhere Lincoln to Roosevelt to Nix­ potential criminal case. cept that protection from the yellow went. Edwin onhaveeitherbylaw, by fiat, Ever the political animal, surprise searches should ex­ Newman's July 20th docu­ or by secret decree suspend­ President Carter has respon­ ist for all innocent citizens in mentary,"IWantItAllNow'; ed the "inalienable" rights ded tothemedia's anguished its editorial ofDecember 12. presented such a sensation­ not only oftheir opponents, cry of"foul" in a most polit­ But the paper was more con­ alized, vulgarized, and inac­ butalso ofAmerican citizens ical manner. On December cerned with such fundamen­ curate picture of life in as a whole. 12, the Administration pro­ tal questions as whether a re­ Marin County, California Over the past decade, the posed to Congress a lawthat porterwho received a leaked that NBC News was official­ Supreme Court has been would require law enforce­ document in violation ofna­ ly censured five months later steadily eroding away the ment officers to use sub­ tional securitylawswouldbe by the National News Coun­ constitutional protection poenas-which can be con­ considered a "criminal;' and cil, which commited one of against searches andseizures tested in court-rather than thus subject to a search. the great understatements of ofthird parties-individuals search warrants-whichcan The Carter Administra­ the year by calling the pro­ not involved in crimes, and not be fought prior to.the tion's proposal is neither "a gram "misleading and jour­ not in possession of tools or search-in any effort to ob­ welcome first step toward nalistically flawed'~ proceeds ofa crime. Thecul­ tain documentary evidence shoring up some First Newman's next documen­ mination of this judicial relating to a crime from re­ Amendment freedoms;' as tary for NBC, "Reading, assault was the Supreme porters, free-lance writers, the Times editorialized, nor Writing, and Reefer'; which Court's decision last year in publishers, scholars, or any­ a "very good working first aired December 10, was the Zurcher v. Stanford Dai­ one else who had obtained draft;' as proclaimed by apparently designed to ap­ ly case. (See "Raiding the the documents for publica­ John Shattuck, Washington peal to the worst fears ofthe Newsroom;' July 1978 LR.) tion. The Administration director of the American millions of Americans who By the margin offive-to-four bill was a compromise Civil Liberties Union. It is, have been deliberately and (with Justice Byron White among 13 such measures however, what Washington systematically kept ignorant joining the four Nixon ap­ submitted by senators and columnist Marianne Means ofthe facts about marijuana pointees in the majority), the representatives themselves, called "a political and legal so that a costly, cruel, and Court upheld the Santa which ranged from protec­ victory for the press:' implicitly totalitarian drug Clara County (California) tion for the press only to Attheexpenseofeveryone enforcement apparatus may District Attorney's Office's prohibition ofsearches ofall else. be kept in business. use of a search warrant, innocent third parties. The -Marshall E. Schwartz 7 JANUARY 1979 percent of its real income. (The very rich, it seems, are more adept at tax-sheltering than the modestly rich.) And while coupon-clippers suf­ fer, "wages and salaries stay reasonably close to prices as they rise?' But Minarik may escape the wrath that was visited upon Greenspan. After all, since soaking the rich is generally conceded to be progressive, the liberals cannowembraceinflation­ now over 10% a year, and rising-with a glad heart. The golden age of social the agency of "the sin of Plastering the logo "In God justice. BILL omission. We were so con­ We Trust" on the Anthony BIRMINGHAM cerned with health that may­ dollar, she charges,"is an af­ be we were at fault for not front to the memory of this Pravda has the explanation "FIFTY THOU­ presentingmore data oncost great American atheist", for the Jonestown murder­ sand children in Ha­ effectiveness. We will be do­ whose diary is supposedly suicides: "What has hap­ ing so from now on;' Does laced with anti-religious penedin Guyana is onemore noi and Haiphong;' this mean more lenient regu­ rhetoric. Want to bet that Vo~ce page illustrating the tragic says Village lation? "It means;' quoth Dr. our God-fearing Treasury fate of American dissidents columnistAlexander Bingham,"we will have to be Department won't bounce who could not find a place more persuasive about the the infidel Anthony in favor for themselves in America, Cockburn, "are, it value ofwhat we are doing;' of, say, Aimee Semple Mac­ just as they could not find it seems, permanently Pherson? You watch. in any other country?' (So­ deafas a result ofthe vietskaya Kultura, for its Christmas bombing The nominating committee part, called it a symptom of for the 1979 Nobel Prize in The sainted Alan Green­ the "grave illness" of. of 1972:' economics might take note span, you will recall, caught American society, caused by "General William of Libyan strongman Mu­ no endofflak for his immor­ the pervasive influence of ammar el-Qaddafi, who tal observation that, as a capitalist monopolies.) Such Westmoreland, for­ broke new ground in the class, itwasthestockbrokers claptrap, of course, is in mer commander of science with his declaration: who had suffered the most stark contrast to the sober American forces in "Trade is an exploitation from the then-current reces­ and responsible coverage phenomenon. Themerchant sion. In like manner, one provided by the American Vietnam, is receiving sector is a consumer, not a Joseph J. Minarik, of the media. One television news­ friendly invitationsto productive, sector. There­ Brookings Institution, de~ caster,for example, went to speakabouttheViet­ fore, the abolition of free clared that (in the words of Manhattan's Hare Krishna trade is imperative;' Unlike Leonard Silk): "Thewealthy temple to ask its president: nam War on many Paul Samuelson, Professor ... are hurtbyinflationmore "Do you hold suicide drills?" college campuses;' Qaddafi can implement his than any other group in so­ "The follow-up question;' says US News and discovery all by himself; the ciety, while the poor hold said the New York Times, merchants are to be replaced their own, more or less.... "was: "'Well, ifyou did, how World Report. with "cooperatives and pub­ Upper-income families lose often would you practice lic supermarkets", the better real income sharplywhenin­ them?'" to build Qaddafi's "new so­ flation increases because of OSHA has seen the cialist society;' The two ma­ greater income taxes, lag­ jor groups rioting in the ging corporate retained Someone recently noticed light, or so it claims. streets in Tehran against the earnings and, mostofall, the that the Hyperion Sewage It promises to "sim­ Shah of Iran, by the way, drop in the market value of Treatment Plant in West Los were the students-and the their interest-bearing securi­ Angeles had a sign out front plify" some 900 new street merchants. ties?' If the rate of inflation that read: "Pollution Con­ regulations on such increases by two percentage trol Project / Environmental things. as the shape points, Minarik finds, a Protection for FairfaxCoun­ Madalyn Murray O'Hair, family with an annual iIl­ ty / New $3 Million Waste of toilet seats. In ad­ who once tried to enjoin comeof$100,00010ses 10% Treatment Works." Since dition, Assistant La­ NASA from reading the Bi­ oftheir real income, and one FairfaxCountyis a suburbof bor Secretary Eulah ble from outer space, is now with an income of$200,000 Washington, could Los An­ attempting to halt the pro­ suffers a 17% loss. A family geles by taking in federal Bingham, a ranking duction ofthe new Susan B. in the $1 million-plus class sewage? Yes, as it happens; 8 OSHAcrat, accuses Anthony one dollar coin. loses an average of over five the sign painter "had been

THE LIBERTARIAN REVIEW given a copy ofthe Environ­ the insult by little men. After pIe who had demanded that mental Protection Agency's all, are not women little the IRS refund the $1200 the regulationstouse as aguide;' men?" There was also a Paul marriage tax had cost them. the Los Angeles Times re­ J. McGeady, of something As Milton Friedman and Thelowercourthadnotonly ported, and "he copied the called Morality in Media, other economists have long rejected their appeal, but as­ example in the book word Inc., who assured the audi- noted, the American tax serted that "our Internal for word?' 'ence that "obscenity is not system penalizes marriage. Revenue Code provides an fre€ speech so it's not pro­ A married couple can often opportunity to the young to tected by the First Amend­ reduce their tax bite consid­ demonstrate the depth of On December 4, Israeli mili­ ment?' Happily, the audience erably by divorcing, "living their unselfishness"-or tary authorities razed the was not nearly so deranged. in sin", and filing separate their masochism-by sub­ homes of two West Bank About 100 of the 300 or so returns. TheSupremeCourt, mitting to the rapacity ofthe Arabs accused of terrorism. attending identified them­ alas, has refused to hear the IRS. Our married readers In at least one case, that of selves as "First Amendment appeal of Paul Mapes and can console themselves with Mr. Akram Hamidofthe vil­ absolutists?' Jane Bryson; a married cou- that, come the ides ofApril. lage ofSilwad, the house did not even belong to the ac­ cused; but to his father, with whom he lived. Please notice the word ~'accused"; neither of the two Arabs had been convicted in any court. But "it has nothing to do with conviction;' according to an Israeli spokesman quoted by the San Francisco Chronicle (December 5, 1978)."This is an administrative act. It's a measure that has been taken hundreds of times in the past?' Now back to Camp David.

"Female rebellion against male sexual authority is now a reality throughout this country. The men, meeting rebellion with an escalation of terror, hang pictures of maimed female bodies in everypublicplace?' Such was the restrained and thought­ ful contribution of Ms. An­ drea Dworkin ata NewYork University colloquium on pornography December 2. The colloquium, "Obscen­ ity: Degradation of Women Versus Right ofFree Speech", was supposed to study "the question of how to mitigate the adverse effects ofporno­ graphy on society without offending the First Amend­ ment?' La Dworkin was re­ strained, compared to some ofthe loonswho spoke; such as one Leah Fritz, a born­ again Screw staffer, who claims thatporn is onthe rise because the US lost in Viet­ nam: "Men can't stand to lose, particularly Americans Libya's Colonel Muammar to little men.... The blood el-Qaddafi: next Nobel Laureate ofwomen will run to payfor in economics? like to focus on just one. It is assumed in many discussions ofcapital punishment-Pro­ fessor Rothbard's included­ that we know for sure who ETTE the murderers are. Would that itwere so. Unfortunate­ ly, our judicial procedures TOTHE DITOR are notimmune from error­ nor could they be. Even the mostjudiciousandthorough weighing of the evidence frontation Arab states are When will Nozick join me in cannot guarantee a correct not in a position effectively calling for an immediate ces­ verdict. It always remains Except for to intervene against Israel, sation of such aid? Or does possible that the person we Israel? but he doesn't add the com­ he advocateitenthusiastical­ are proposing to execute is ment that this is fortunate or ly everywhere except in our innocent of the crime of discuss whether their finan­ relations with Israel? which he or she is accused. MURRAY ROTHBARD cial aid for purchasing wea­ Were the penalty something scolds Anwar Sadat (LR, pons constitutes interven­ otherthandeath,wecould at Oct. '78) writing, "For the tionism. least attempt to make resti­ truemeaningofCampDavid Is non-interventionism a Capital tution to the innocent victim has become increasingly foreign policy Rothbard re­ ifwe later discovered our er­ clear: Egyptian President commends only for and to punishntent: ror. But if the penalty is Anwar el-Sadat, in hetrayal the UnitedStates? Ordoeshe death, there can be no res­ of his long-time commit­ enthusiastically recommend irrational and titution; there can be no go­ ments tothe other Arab na­ it to everyone else also, ex­ destructive? ing back. tions and to the Palestinian cept in their relations with Thus, when we execute, people, has made aseperate Israel? we may, for all we know, be peace with Israel. What Sa­ PROFESSOR ROTHBARD robbing an innocent person dat accomplished was solely ROBERT NOZICK contends [LR, June 1978] ofhis orher right tolife. And in the interest of the Egyp­ Cambridge, Massachusetts that the Libertarian Party there is nocompellingreason tian state-the return of ought to take a stand on the for taking such a risk. This is Egyptian sovereignty over issue ofcapital punishment, not a case of killing to re­ the Sinai, and the removal of Rothbard replies: since the issue has, of late, move whatwe perceive to be the Zionist settlements RobertNozickseems tohave been a source ofwidespread an imminent threat to life there.... Egypt is the strong­ misunderstood my article. popular agitation. I wonder. and limb, for the person we est Arab military power, and Thefact thatIhold a sardon­ It seems to me that there are are executing poses no such the peace treaty means that icandhostile view ofthe mo­ some issues-and this is one immediate threat. He or she Egypt has abandoned the tivations·of Anwar Sadat (as of them-on which the Lib­ is ourprisoner. True enough, Arab struggle, putting an­ I do of all heads of State), ertarian Party ought not to some good may be done by other conventional war vir­ does not mean that I advo­ take a position, just because the execution: we may, for tually out ofthe question for cate Egyptian state interven­ the relationship of the issue instance, purchase a few the Arab states;' tion in Palestinian affairs. To to the Party's "core" values is units of deterrence. But it Evidently, Sadat'smoveto the contrary,Nozickdoes not so obscurethatcallingpublic seems to me thatwe, as liber­ a more non-interventionist seem to realize that a major attention to.· the position tarians, ought to be particu­ foreign policy does not meet thrust ofmyarticle was that could only distract attention larlyawarethatthere arecer­ with Rothbard's approval the rights ofthe Palestinians from those core values. tain things that ought not to and praise. As a result ofthe to their homes and proper­ Rather than "making liber­ be done, certain "side con­ proposed agreement, Egypt ties can only be secured by tarianism relevant to the straints" (to use Professor itself will have no territorial reliance upon themselves, public"wemightonlyendup Nozick's phrase) that ought quarrel with Israel, and, and not on the Arab states. confusing the public about not to be violated, no matter fearing no military attack I indeed advocate a non­ what libertarianism is. what the good that could from her, will pursuea defen­ interventionist foreign pol­ If the Libertarian Party come ofviolating them. sive non-interventionist for­ icy for all States. But as an must take a stand on the Professor Rothbard's sug­ eign policyvis a vis Israel. Yet American, I must concen­ death penalty, however, gestion that persons have Rothbard seems to want trate on the foreign policy of there is only one stand that some sort of a right to re­ Egypt toremain in a state of the only State that lcanhope we can take consistent with venge strikes me as prepos­ war with Israel, keeping to influence, that of the ourprofessed devotion to in­ terous and absurd-and is, open the military option and U.S.A. In the Middle East, dividual rights. We must in any case, completely un­ the military pressure on U.S. foreign policy over the stand un,.conditionally and supported. A sound theory Israel for· the sake of goals last. thirty years has been a unalterably opposed. of rights would never grant which are not those of black record of massive in­ There are many reasons to anyone such liberty to dis­ Egypt's own national self­ tervention-economic, mili­ why partisans of individual pose ofthe person of anoth­ defense. Further, he writes tary, and diplomatic-on rights must oppose capital er. Each person has a right to 10 wistfully that the non-con- behalf of the State of Israel. punishment, but I should be fully compensated for in-

THE LIBERTARIAN REVIEW jury done him orher; no per­ other matter. As I tried to would question the identity John Birch / Goldwater sub­ son has a righttoinflicta new make clear, Iwouldleave the of the culprits: e.g., Jack version ofthe 1964 Republi­ injury in order to avenge the decision onwhetherornotto Ruby's murder of Oswald can convention (which made first. Moreover, the desire exercise it up to the holder of before several million wit­ Watergate look like a hay­ for revenge seems to me a such a right, the victim of a nesses, or numerous mur­ ride) and the recent Briggs wholly irrational and de­ particular crime. I personal­ ders committed openly by Initiative. structive desire-one that ly favor the exercise of such the State. As someone who was a promises neither to benefit a right because, contrary to member of the California theinjured partynorto undo Fressola's brusquedismissal, Republican Assembly and the injury-and one that is I see nothing wrong with ei­ Getting in bed had plenty of contact with entirely out ofplace in a de­ therthedesire for ortheexer­ the Birchers (more than I ex­ cent and civilized society. cise ofone's right to revenge. with the left? pected with that organiza­ On the contrary, I believe tion),Icantell you the rightis TONY FRESSOLA, Ph.D. that revenge is necessarily I have read your editorial in organized like we used to be Adjunct Assistant Professor entailed by a love of justice the May '78 issue on How- told the communists were. ofPhilosophy and a desire to uphold one's C.W. Post College rights against aggressors. Rockville Centre, New York The argument from possi­ ble error, while common Rothbard replies: enough, strikes me as a cur­ Professor Fressola seems to ious one. For ifwe waited in have read some other article all cases to act until we were on capital punishment and absolutely certain of every not mine. The one he read aspect of the situation, we stressed the importance of would never act at all, and capital punishment as a de­ the human race would per­ terrent, a criterion that I ex­ ish. We must in all cases act plicitly rejected; and the one on the best knowledge that he read went on in praise of we have. Nobody denies, of the desire for revenge, a course, that in cases ofcapi­ theme totally absent from my tal punishment, we must be article. Oddly enough, my darned sure before we act, position in a sense is the same but here I am saying nothing as Professor Fressola's: for I new. There is, after all, a too wish nothing more nor prettygoodformula around: Murray Rothbard: "revenge is necessarily entailed by a love of justice and a desire to uphold one's rights against aggressors:' ardJarvis and the strategy of From the para-military the "anti-property tax" rebel­ groups of the Rangers and lion. Your concern that Jar­ the Minutemen to the politi­ vis, by allying himself with cal hybrids like the .Posse the Briggs initiative, would Comitus, a real danger to hurt Proposition 13 was, as our liberties and freedom is the election proved, un­ lurking on the right, and lib­ founded. However, it brings ertarians are insane to ally out an all too familiar trend themselves with them. among"libertarians": You ar­ NICCOLOLEO gued against his support for CALDARARO these issues on the narrow California basis that they would hurt Proposition 13 andcalledfor the same 'coalition' tactics which is somuch apartofthe Correction "left'; oldandnew. Theeffect Robert Nozick: "evidently, Anwar Sadat's move to a more non­ on one's integrity is obvious. DUE TO AN ERROR interventionist foreign policy does not meet Rothbard's approval:' Iwasexpectingyou to crit­ of proofreading, Henry less thanevery victim's"right "guilty beyond a reasonable icize Jarvis for not being a Hazlittwasmadetodescribe to be fully compensated for doubt:' libertarian, but to expect the fellow economist Milton injury done him': Itis simply One suspects, however, right to respect other peo­ Friedman in the November, that while Fressola is silent that the error question is not ple's rights is absurd. The 1978 issue of LR as "a on what that "compensa- Professor Fressola's real ar­ right in California has al­ beautifully lurid writer:' Mr. tion" is supposed to be, I gument against cap.ital pun­ ways stood for more rights Hazlitt actually described believe that in murder cases, ishment. For if it were, he for some and less for others, Dr. Friedmanas a"beautiful­ such full compensation en- would have no argument as is evinced by their involve­ ly lucid writer:' LR regrets tails capital punishment. against capital punishment ment in the McCarthy hys­ this error and any embarass­ Whether or not that right for those many murders teria of the '50s, the drive ment it may have brought to should be exercised. is an- where no sensible person against Fair Housing, the anyone concerned. D 11

JANUARY 1979 tory against Ron Paul's in economics and has been congressional and court teaching economics at Texas THE challenge. A & M Universityfor several Forthe pasttwoyears Ron years. He was elected as a has continued his campaign, Democrat. despite a heavy work sched­ Grammfirst rose to prom­ ule as a medical doctor. For inence a few years ago after UBLIC the Arab oil embargo. Itwas ~:blfs~~d ~hil;~~~e~n';::~ at this time that the nation was continued and mailed to first began to hear about the all his supporters. And a tele­ so-called energy shortage af­ phone call-in service he es­ fecting the planet. In a fa­ ROUGH tablished toinform constitu­ mous article for the Wall ents was also continued. So Street Journal (November in NovemberitwasRonPaul 30, 1973), Gramm argued versus Bob Gammage for the persuasively that there was Libertarians achieving the ultimate legiti­ fourth, and hopefully last, no general shortage ofener­ macy ofthe Libertarian Par­ time. Although Gammage gy, justa temporaryshortage in governtnent ty than even Roger Mac­ received all the support his caused by government poli­ Bride's famous electoralvote party could provide him, in­ cies. He noted that there had cast for the national Liber­ cluding a personalvisit to the been previous energy short­ BRUCE BARTLETT tarian ticket in 1972. district by President Carter, ages throughout history, The second libertarian Ron Paul was again elected such asduringthemid-1800s POTENTIALLY elected in the November to Congress by a comforta­ when whale oil began to run one of the most ex­ election was not elected on ble 1,000 vote margin. out, ultimately to be replaced the Libertarian Party ticket, A possible third libertari­ by petroleum. This article citing periods in the but is nevertheless as liber­ an was also elected to Con­ caused quite a stir and has modern history of tarian as anyone.reading this gress from Texas in Novem­ made Gramm one of the libertarianism will magazine. He is Dr. Ron ber. He is Dr. Phillip Gramm leading exponents of a free Paul, elected to Congress ofthe 6th congressional dis­ market in energy ever since. begin this month from the 22nddistrictin Tex­ trict. Gramm holds a Ph.D. I know that Ron Paul is a when at least two as on the Republican ticket. (possibly three) full­ This is Dr. Paul's second time around. He was first fledged, hard-core elected to Congress in April libertarians take of1976when.his prececessor over the duties ofthe resigned. Itwas a tough elec­ tion for Ron. First he had to offices to which they win the Republican primary were elected in the against several strong' chal­ lengers. Then, in the first Novemberelections. special election, Ron fin­ Thefirst ofthese is ished second. But because of DickRandolph,who a third party candidate, the winner failed to get the re­ was elected to the quired SO percent of the AlaskaStateLegisla­ vote. So there was another ture, not simply as a special election a short time later. This time it was Ron libertarian butas the Paulwhofinished ontop and candidate ofthe Lib­ went to Washington. Unfor­ tunately, it was a short-lived ertarian Party. This victory. That November, is a victory of un­ Ron Paul and his Democrat­ precedentedpropor­ ic challenger, Bob Gam­ mage, squared off again­ tions. For the first for the third time-and it time in the brief his­ was Gammagewhowonthis tory ofthe Libertari­ time. But the margin was ex­ traordinarily close: less than an Party it actually 100 votes out of almost has someone hold­ 200,000 cast-the largest ing office. In my voter turnout in the district's history. Although voting ir­ opinion, this is a far regularities were numerous, 12 bigger step toward Gammage retained his vic- THE LIBERTARIAN REVIEW sincere libertarian (I served on his congressional staffthe first time around), but it is too soon to tell about Gramm. Although Gramm has written forcefully about the free marketfor such mag­ azines as Reason andHuman Now Events, 1 don't know where he stands on critical foreign AvaIlable: policy and social issues. But even ifhe is in fact a libertari­ an on these issues as well, he will be hard-pressed to stay thatwayoncehe gets toCon­ gress. Too often, libertarian­ leaning men have come to Washington only to be cor­ rupted by the system. And Hilaire BeIIoc: the most corrupting influ­ Edwardian Radical ence of all has nothing to do By John P McCarthy with lobbyists, campaign contributions, special inter­ A perceptive, lucid, ests, or any of the other and carefully­ things usually discussed. Itis researched look at simply the influence that Belloc and British polit­ your fellow congressmen ical history during the have. Call it peer-pressure or whatever; when the other Edwardian period, the members starttolean onyou first years of the twentieth the pressure is almost un­ century. Dr. McCarthy is bearable. An example of a Assistant Professor of His­ congressman who has been tory at Fordham University. utterly ostracized by his un­ Hardcover $8.00, Paper­ willingness to go along is Larry McDonald of Geor­ back $3.00. gia. Unfortunately, McDon­ The Servile State ald is not a libertarian but a By Hilaire BeHoc conservative John Bircher. Nevertheless, one has to ad­ A perceptive warning, first published in 1913, of the conse­ mire him for standing up for quences of statism and the effect of socialist doctrine on his principles, evenifthey are capitalist society. With an introduction by Robert Nisbet. wrong. The critical importance of //A landmark of political thought in this century" - Walter having a few libertarians or Lippmann. Hardcover $8.00, Softcover $2.00. quasi-libertarians holding any political office is that they take libertarianism out of the realm of theory and into the real world. It is a constant struggle to find We pay postage on prepaid orders. ways oftranslating the theo­ To order these books, or for a copy ry into practice, andin a way of our catalog, write: thatcan attractpolitical sup­ LibertyPress/LibertyClassics port. But it must be done. I 7440 North Shadeland, Dept. F17 know that Dick Randolph Indianapolis, Indiana 46250 and Ron Paul can do it. 1just hope that they are not made to carry the whole burden themselves for too long, or they will get discouraged. Jf a few good prospects like Phil Gramm can join their ranksthenwe maybewell on the road to a libertarian renaissance. l:I 13 JANUARY 1979 bial bag. It all began in the eagerly to Power. Now, Dale summer 1978 issue of the Vree, a regular columnist for THE socialist magazine Dissent, National Review, takes the edited by ex-Trotskyist Irv­ opportunity to hail the ing Howe. A lead article by Heilbroner article andto call the best-selling economist for a mighty right-left coali­ Robert Heilbroner says flat tion on behalf of statism. LUMB out that socialists should no ("Against Socialist Fusion­ longer try to peddle the nos­ ism;' National Review, De­ trumthatcentralplanningin cember 8, 1978, p. 1547). the socialist world of the Healso slaps atthe fusionists INE future will be cojoined with by pointing out that the personal freedom, with civil "socialist fusionists;' those liberties and freedom of trying to fuse economic col­ speech. No,says Heilbroner, lectivism with cultural indiv­ growing more and more socialists must face the fact idualism, necessarily suffer Statislll, left, alike-that their common that socialism will have to be from the same inconsisten­ right and center devotion to the State has authoritarian in order to en­ cies as their counterparts on transcended their minor dif­ force the dictates of central the right-wing, who have planning, andwill have to be tried to join economic indi­ MURRAYN. ferences instyle. In the last decade, all ofthemhave been grounded on a "collective vidualism with cultural col­ ROTHBARD lectivism. coagulating into the center, morality" enforced upon the until the differences among public. In short, we cannot, Vree writes: "Heilbroner in Heilbroner's words, have is also saying what many "LEFT", "RIGHT", "responsible" conservatives, right-wing Social Demo­ "a socialist cake with bour­ contributorstoNRhave said and"center"have in­ geois icing;' that is with the crats, neo-conservatives, over the last quarter­ creasingly become preservation of personal century: you can't have both and even such democratic meaningless categor­ socialists as John Kenneth freedom. freedom and virtue. Take An intriguing reaction to ies. Libertarians Galbraith and Robert Heil­ note, traditionalists. Despite broner, have become in­ the Heilbroner piece comes his dissonant terminology, knowthattheircreed creasingly difficult to from the right-wing. For Heilbroner is interested in can and does attract fathom. years, a controversy once the same thing you're inter­ people from all parts The common creed cen­ raged amidst the intellectual ested in: virtue:' tral to all these groupings is circles on the right between But Vree's enthusiasm for of the old, obsolete support for, and aggrandize­ the "traditionalists;' who the authoritarian socialist ideological spec­ ment of, the American State, trum. As consistent at home and abroad. '~ Abroad, this means support new polarization is fast adherents ofindivid­ for evergreatermilitary bud­ ual liberty in all gets, for FBI and CIA ter­ taking shape. The lines are aspects of life, we rorism, for a foreign policy of global intervention, and drawn with increasing clarity. canattractliberals by absolute backing for the Big government, coercion, our devotion to civil State ofIsrael. Domestically there are variations, but a statism-or individual liberty?' liberty and a non­ general agreementholdsthat interventionist for­ government should not un­ eign policy, and con­ dertake more than it can made no pretense about in­ does not stop there. He is achieve: in short, a con­ terest in libertyor individual also intrigued with the Heil­ servatives by our ad­ tinued, but more efficiently rights; the libertarians, who broner view that a socialist herence to property streamlined welfare state. have long since abandoned culture must "foster the pri­ rights and the free All this is bolstered by an the right-wing; and the "fu­ macy of the collectivity" anti-libertarian policy on sionists;' led by the late rather than the "primacy of market. But what personal freedom, advanc­ Frank Meyer, who tried to the individual:' Moreover, about the other side ing the notion, for either fuse the two positions into a he is happy to applaud Heil­ of the coin? What religious or secular reasons, unified amalgam. Both the broner's lauding of the al­ that the State is the proper "trads"andlibertarians real­ leged "moral" and' "spirit­ about authoritari­ vehicle for coercively impos­ ized early that the two posi­ ual" focus of socialism as anism and statism ing whatthese peoplebelieve tions were not only incon­ against "bourgeois material­ to be correct moral prin­ sistent but diametrically ism." Vree quotes Heil­ across the board? ciples. opposed. broner: "Bourgeoiscultureis For a long while it This coalition of statists In recent years, the trads focused on the material has been clear that has been fusing for some have been winning out over achievement of the individ­ years; but recently a new the fusionists in the conser­ ual. Socialist culture must statists, right, left outburst of candor has let vative camp, as the conser­ focus on his or her moral or 14 andcenter, havebeen many cats out ofthe prover- vatives have sidled up more spiritual achievement:' Vree

THE LIBERTARIAN REVIEW then adds: "There is a tradi­ tional ring to that state­ ment." And how! He then applauds Heilbroner's de­ crying capitalism because it has "no sense of 'the good'" and permits "consenting adults" to do anything they please. Reacting in horror from this picture offreedom and diversity, Vree writes: "But, Heilbroner says allur­ IN PRIZES ingly, because a socialist society must have a sense of 'the good; not everything will be permitted:' 1979 LIBERlY SCHOLARSHIP To Vree, it is impossible "to have economic collectiv­ ism along with cultural in­ ESSAY CONTEST dividualism" or vice versa, and so he is happy, like his OPENiiilQ ALL H~Ib~ SCHO~[ AND left-wing counterpart Heil­ broner, to opt for collectiv­ UNDERG""OUATS>COLLEGB>STUOENTS ism across the board. He :;::::>::::.. "<:::-. .::::::::::::::::::::: ' :::: ..::>:::::::::: concludes by noting the fu­ sion of "right-wing" and ENTRY I1EA()[INE:~IN.E 1,1979 "left-wing" libertarianism, and then he calls for a counter-fusion on behalf of statism: In honor oft6e~,qe~tI?U~liqlti<>p~f~,,~r~y\N.Rothbard's Several mavericks have been prov~c~!i~~>Oe~D~C)K,/fO~Q.~~6tt'!X(Itl~)M9Smill~~ Co., busy fusing right-wing libertar­ ~~~~~' •••.•.!:~~ ~.~~<:) .1.~~~u~ ••••.is...•••~~~.~p"i~i ••••• ~~ .•••• ~=rrg ~·~.~~.lg.~~i.~ ianism with left-wing libertar­ ~br~~I~ ~flls>·.··i·mportQI~ ·1rJq··f.1~~i.rC\~*•••• ianism (anarchism). If the writ­ Essoy .•.·.•·.IQnr.II!!' ....••••• •••••• ••••• ••.••It1e>.· •.·•. lnstifufe ings of such different socialists seeks to enco~~~g~IIj"-'l(;)~~~~iv@gi~~~~i~"l:'f~~e role human as Robert Heilbroner, Christo­ freedom shoull~~I'iflq~PftlrrPora'l>~ulli~0~I~icydecisions. pher Lasch, Morris Janowitz, Students in tHelilh school ard college di"ii,~ns are invited to Midge Deeter, and Daniel Bell are indicative of a tendency, we submit original>~I~I~~ on thefpic, "What slC)~ld the status of may see the rise of a socialist­ liberty be infilll~~meri~~~'':}.Qfterhal~l.r~~d Professor traditionalist fusionism. One RothbQrd's~'1~~IIII~wor~<~;istinguis~~t\P~n~1 of judges wonders if America contains any"TorySocialists"ontheright will then s.J,e~t~'~~~I~test wi~.~.~rs in easl''''iiQ~~ side ofits aisle whowill go outto For co~rl'1in~I~llti~~ .. an(J<:ontestE.,~D0f()r~r.~I~ase de­ embrace them. tach and r.~ntllcl~~!~~i:<~i~,rtyEssarlpJ:'\testsCato Insti­ The whopping error in tute, 1700r,\q~t-glml.~It~It~nSan Franciscp,~.41'~. that paragraph is that one doesn't have to wonder for a moment. The Buckleys, the Burnhams and their ilk have YES! Please rush me complete information been scrambling for such an on the 1979 Liberty Scholarship Essay Con­ embrace for a long time-at test Rlus one copy of Murray N. Rothbard's least in practice. All that is exciting new book, For a New Liberty, at the left is the open and candid Special Discount Price of $2.95 (50% dis­ admission that this is what count). Full payment is enclosed. has been going on. A newpolarization, a new ideological spectrum, is fast taking shape. Big govern­ Nome _ ment, coercion, statism-or individual rights, liberty, Address _ and voluntarism, across the board, in every facet of City State Zip _ American life. The lines are ~ getting drawn with increas­ L School Phone _ ing clarity. Statism vs. liber­ ty. Us or Them. 0 15

JANUARY 1979 ont Pelerin: 1947-1978 The Roadto Libertarianism

cultural-which provide non-political solutions to pro­ LEONARD R LIGGIO blems. He emphasized that the moral and cultural markets had been given by default to the advocates of the political The Mont Pelerin Society's 1978 activities means. He urged advocates of a free society to concentrate on the social traditions and moral sensibilities of each in­ began in Japan, where almost one hundred dividual country. of the members and guests, mainly from Most of the participants seemed to be accustomed to in­ North and South America, gathered. This vestments and thus did not have any reason to make them a subject of conversation. This made them pleasurable com­ extended reunion permitted the Mont Pel­ pany compared to some libertarians whose conversation re­ erinists to become much better acquainted volves around purchases of silver, "controlled substances'; with each other. and dried peas. And unlike some libertarians who seem more interested in how to profit from the coming inflation, The Mont Pelerin .meeting covered a the Mont Pelerinists exhibited sounder economic views and wide range of subjects. In addition to pre­ talked about how to fight inflation. This economic stability senting material to appear in the third showed itself powerfully during the session on "Monetary Problems and Policies" chaired by Gottfried Haberler. The Law~ volume of Legislation and Liberty, session became a debate between the monetarist position, F.A. Hayek presented a postscript on "The for which Milton Friedman was the spokesman, and the Three Sources of Human Values?' He ex­ Misesian position, for which the spokesman was John Ex­ ter, former vice-president ofthe First National City Bank of amined the errors of sociobiology, the evo­ New York. Exter presented a severe challenge to the realism lution of self-maintaining complex struc­ of the monetarist position, placing it clearly on the defen­ sive. Friedman seemed annoyed with the membership ofthe tures, rules ofconduct, the disciplineoffree­ society after its enthusiastic and prolonged applause for Ex­ dom, and the reemergence of suppressed ter's critiques of monetarism, perhaps because it indicated primordial instincts; and criticized both how much progress the Misesian monetary analysis had made as a result of the economic reality of inflation. Marx and Freud. Papers were also present­ Friedman said that he was tired oftrying to define money, ed on the family and the state, evaluation that he believed government intervention in money was in­ of teamwork, intercultural conflicts, and evitable, and that therefore, the proper role ofan economist was to advocate sensible interventions. He was enthusiastic regionalism versus nationalism. Interesting about the tax-revolt in the United States~ and advocated a comments were made by Pedro Schwartz, constitutional amendment which would establish the rules John O'Sullivan, Peter Duignan, Stephen that the monetary authority should follow. Friedman in­ sisted that "We are doomed" if we believe that de-statizing Mulholland, David Henderson, Alvin Ra­ money is the only answer. He argued that there is no way to bushka, John Greenwood, and Sudha She­ de-statize money, and therefore that this strategy cannot prevent the destruction ofour civilization. Friedman hoped noy. Especially important were the con­ that it would be possible to convince the public to pressure tributions of Jean Pierre Hamilius and governments into introducing monetary stability in the face Rhodes Boyson. M.E Hamilius invoked of increasing inflation and destability. Would the govern­ ment obey the public? Friedman accepted George Stigler's libertarian principles in defense of cultural formulation ofAaron Director's Law: the state redistributes nationalism and self-determination. Boy­ income to those who control the state. son espoused parliamentary democracy as Donald Kemmerer noted in reply that the greatest lesson of economic history is that fiat money does not work. But the best road to a free society and examined this understanding has been lost, he said, due to the elimina­ 16 the three markets-economic, moral, and tion of the study of gold from money courses. EA. Hayek

THE LIBERTARIAN REVIEW then rose from the audience to answer monetarism. He spread ownership of private property. The founders called noted that the gold standard historically was the only disci­ for further study of"the contemporary crisis"; the functions pline on governments. He reaffirmed his own opposition to ofthe state; the rule oflaw; and "methods ofcombatting the all monopoly on money and to all government control of misuse of history for the furtherance of creeds hostile to money. He presented what he calls his revolutionary pro­ liberty:' Concern was expressed for the "problem of the gram-monetary competition in each country after de­ creation of an international order conducive to the safe­ nationalization or destabilization of money. The private guarding of peace and liberty and permitting the establish­ issue of money, he argued, is the only answer. ment of harmonious international economic relations:' Hayek set the atmosphere for the rest of the meeting by The Mont Pe1erin Society has met five times in Switzer­ his optimistic attitude toward the change in the intellectual land, three times each in Italy, Germany, Great Britain, the climate. The intellectual world, he said, is witnessing a re­ Low Countries, twice in France, and once each in Austria, versal of the dominance of collectivist ideas. Hayek feels Hong Kong, and the United States. The 1958 meeting was thatit is nowtime to undertake a strong counter-offensive in held at Princeton University, and was inaugurated by papers favor of freedom, an offensive which would serve to win on "Liberty and Property" by Ludwig von Mises, "Why and consolidate the support of the growing body of young Liberty?" by Pierre Goodrich, and "The Meaning of Free-

Almost 100 ofthe members and guests at the 1978 Mont Pelerin Society meeting gathered first in Japan for an informal reunion.... intellectuals in Europe and America which is disenchanted dom" by Felix Morley. Among the scholars participating in with socialism but lacks a clear vision that the alternative is the Princeton meeting were: Jean-Pierre Hamilius, W.H. not traditionalism, but rather the radicalism ofclassical lib­ Hutt, Frank Knight, Bruno Leoni, John U. Nef, Benjamin eralism or libertarianism. One of the most interesting as­ Rogge, Murray Rothbard, Massimo Salvadori, Helmut pects of the 1978 Mont Pelerin meeting was the speakers' Schoeck, and Daniel Villey. widespread use of the words "libertarian" and "libertarian­ That program featured sessions on "Underdeveloped ism" to describe the Mont Pelerin society and its members. Countries" with P. T. Bauer, and on "Inflation" with Milton Friedman, Henry Hazlitt, Jacques Rueff, and Bertrand de Jouvenel. M. de Jouvenel noted that the Central Banks' "or­ The history of Mont Pelerin thodoxy"oftrying to manage money to keep the unit ofcur­ rency convertible into a given collection of goods and ser­ Hayek's new optimism is in sharp contrast to the mood in vices was a heresy of classical economics: which the Mont Pelerin Society was founded in April, 1947. As Charles Rist mentions in his famous Histories des Doctrines Hayek's Road to Serfdom, dedicated to "Socialists ofall par­ Relatives au Credit etala Monnaie, the suggestion that convertibil­ ties;' had brought him to the forefront ofpost-World War II ity into a given collection of goods should be the essential and de­ debates between collectivists and liberals. Hayek and Lud­ fining feature of the currency unit was advanced already in the wig von Mises had been associated with Louis Rougier and XVIIIth century by Sir James Steuart, and it has been repeatedly Jacques Rueff in the late 1930s, in an attempt to bring to­ championed up to Irving Fishees better known advocacy. Ricardo gether European and American liberals on the basis of the opposed this idea. success of Walter Lippmann's The Good Society, a book Jacques Rueff declared: "There can be no liberal revival so which defended the principles of liberalism against the long as inflation goes on. Inflation is a far greater threat to threat of collectivism. Finally, in 1947, after publication of liberty throughout the world today than Marxism:' And The Road to Serfdom, almost fifty scholars gathered at Milton Friedman noted: Mont Pelerin, above Vevey near Montreux on Lac Leman. In addition to Rueff, Rougier, Hayek, and Mises, the Amer­ A third world war is the most obvious threat to the preservation of a free society. If this may be optimistically put to one side, the ican participation was strong and included Felix Morley, most serious threat is, I believe, inflation. Inflation is a threat less EA. Harper, Leonard Read, Henry Hazlitt, and Milton because of its direct effects than because of the measures that are Friedman. likely to be taken by government to control the inflation and the ef­ The name "Mont Pelerin" Society was chosen in place of fects of inflation on the competitive structure of the economy. Hayek's earlier nomination of the '~cton-Toqueville" Soci­ ety. The founders of the society issued a statement of aims -which noted that the "position ofthe individual and the vol­ Twenty years later: the same problems untary group are progressively undermined by extensions of arbitrary power;' which had been "fostered by the growth of A somewhat similar analysis was presented at the 1978 a view ofhistory which denies all absolute moral standards:' meeting. Harold Demsetz noted the growth ofgovernment Freedom's preservation was viewed as rooted in the wide- military expenditures in opposition to the Soviet Union, a 17

JANUARY 1979 phenomenon which he sees as having major consequences business organization, the proliferation of written records, for inflation and for government involvement with private and the decline of the single proprietor, making taxation sector firms. Any demand for increased military spending possible at rates that John Stuart Mill had declared to be could be satisfied only by refusing to increase spending on impossible. other government programs. The only other means of Much of the discussion on "Is the Tide Turning?" con­ blunting this source of increasing governmental involve­ cerned the sociology of knowledge and the role of intellec­ ment in the economy would be to achieve real arms control. tuals in the creation of public opinion. Henry Maksoud of Demsetz concluded: Brazil subtitled his address: "The Quest for an Ideology:' I believe that those basic economic forces that have propelled Maksoud noted that Mises had emphasized that statist government expansion in the past are no longer a serious source of ideologies continued growth in the relative size ofthe government sector in the owe their power to the fact that all means of communication are United States. But the ability to capitalize on this depends very surrendered to their supporters and almost all dissenters have been much on how adroitly we control unemployment and inflation, in­ virtually silenced. Thus, these ideologies were propagated from the cluding inflation linked to increased defense expenditures, and how chairs of universities and from the pulpit, disseminated by the successful we are in arriving at real arms control. press, by novels and plays, the movies, radio, and more recently, Demsetz spoke during a panel on "Is the Tide Turning?" television.

r enm r m ~ Z m ~ ~ -_z» ... then moved on to Hong Kong, where all the official sessions were held. In his talk he proposed that the tide has been slowed in the For Mises, "to turn the flood one must change the mentality United Statesbut the trend to growth ofgovernment has not of the intellectuals. Then the masses would follow:' been stopped. He attributed the slowdown to three move­ Ralph Harris, discussing England's renaissance of free ments: the middle class opposition to taxes, the equal rights market ideas, both in the universities and in the press, re­ movement (which has led to the reduction of interventions ferred to the concepts Hayek had expressed, following the injurious to women, those who engage in illicit sexual rela­ foundation ofthe Mont Pelerin Society, in "The Intellectuals tions and drug use, and young people generally-those and Socialism": "once the majority oratleast the most active most affected by conscription and public education), and part of the intellectuals have been converted to certain be­ finally, the deregulation movement. liefs, the process by which they become generally accepted is George Stigler, in his presidential address, was critical of almost automatic and irresistible:' Harris concluded with existing theories explaining the rise of statism. He was es­ the admonition of David Hume: '''Though men be much pecially doubtful about the "mistaken behavior theory" governed by interests, yet even interest itself, and all human whereby intellectuals influence the public to accept damag­ affairs, are entirely governed by opinion:' ing state interventions. Stigler does not believe that intellec­ Henri Lepage reported that an intellectual revolution is oc­ tuals are the cause of socialism; he believes they are merely curing in France, a revolution which sees freedom doomed responding to the demand ofthe public in the same way that by government intervention in the functioning of society. the automobile industry responds to demand. He notes that The challenge of the "New Philosophers" to statism, he it is not the socially backward or uneducated part of the said, is matched by that of the "New Economists:' Led by public which provides the chief support for statism. Stigler also criticized the theory that the political process Jean Jacques Rosa, these French economists stress the new is by its nature biased toward collectivism. He states: liberalism against traditional Keynesian conservatism. In addition, Lepage saw as a promising development "the The bias in the process is this: we are presented with two kinds of coming out of a French 'libertarian movement', whose ideas policies: those which greatly benefit the few and slightly injure the many, and those (including repeal of the first kind of policy) that will appearvery mildtosomeAmerican'anarcho-capitalists', benefit the many slightly and injure the few greatly. Hence for al­ but whose mere existence, even ifit is yet mostly informal, is most every individual policy proposal of a socialist variety, there also proof that something is changing in France:' Indeed, a will be a cohesive, well-financed, articulate special group to sup­ major event at the Mont Pelerin meeting was a special ses­ port it, and a large, poorly-informed majority that, if it is informed sionon the libertarian'movement around the world. Al­ correctly, will be weakly opposed, and often will be simply un­ together, the extensive interest in libertarianism at the Mont aware of the proposal. Pelerin meeting and the intensive enthusiasm ofthe younger Stigler concluded thatthe growth ofgovernment is the result participants for an active libertarian movement was one of of the purposeful use of public power to increase the the clearest ramifications of the Hong Kong meeting. ~ incomes ofparticular groups in society. In explaining why it is easier in the twentieth century for the state to be used to 18 redistribute wealth, he pointed to the corporate form of Leonard P. Liggio is an Associate Editor of LR.

THE LIBERTARIAN REVIEW 1979 An Old Thought for the New Year:

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France, Israel or South Africa, japanor South Korea, Rho­ ROY A. CHILDS, JR. desia or West Germany, guess again. It is instead the newest of American allies in this Orwellian world, Communist Consider the absurdity of the Cold War, China, which has just been recognized by the u.s. govern­ and of our decades-long foreign policy of ment and should, before too long, be obtaining military and economic aid from the U.S. as well. global anticommunism. Bear in mind the For the past several years, as Robert Elegant, Hong Kong billions of dollars, and thousands upon correspondent for the Los Angeles Times has written, China thousands .. of lives which have been squan­ has been working "to accelerate the unlikely transformation ofthe European Economic Community into a true suprana­ dered on that foreign policy since World tional community, rather than a conglomeration of inter­ War II. Then reflect on the nation, an ally mittently antipathetic nation-states. Peking has further striven to impress upon japan the acute danger to its nation­ ofthe United States, which subscribes to the al existence posed by the Russians...." Moreover, far from following attitudes in foreign affairs: it is being hostile to the U. S., China has been very concerned desperately concerned about Soviet expan­ about American retrenchment in the world, and "in recent years, every visiting foreign minister, premier or president sionism; it is urgently requesting that the whose country possesses military ties with the U.S. has been United States strengthen its military forces urged to maintain those ties. The list includes such diverse in NATO, and in fact, in the words ofa Los nations as japan, France, Britain, Thailand, Germany, and the Philippines... :' Angeles Times correspondent, has been"la­ And so, in its attempt to build a new order in Asia in the boring mightily" to shore up NATO, and post-Indochina War era, China has been attempting to build an international anti-Soviet coalition, to resist what China to promote European unity; it is disturbed calls Soviet "hegemony." The People's Republic of China by the increasing isolationist sentiment of (PRC) has gotten pledges ofsupport for this from the former the United States Congress; it has urged an members of the now-defunct SEATO-which the PRC has virtually tried to resurrect from the grave-and, in doing so, increased American presence in Africa to has aligned itself with precisely those nations which have counter the presence ofthe Soviet Union; it heretofore formed the bulwark of"anticommunism;' and at wants the United States to drastically in­ least tacitly against insurgent communist movements which supposedly derive their "inspiration" from Communist crease its defense spending to match Soviet China. spending on arms; it wants the United Western Europe, too, has been moved into this inter­ States to maintain a strong military pres­ national realignment of military relationships: Chinese ac­ quition of both aircraft and weapons from Britain and ence in Asia, to support Japan and oppose France has been-sometimes secretly-encouraged by the the Soviet Union; it wants the U.S. to help United States. And, weare told, in the manner of"one-step~ at-a-time" diplomacy, leaking first one bit ofinformation to maintain a stable Korean peninsula; it is be­ the American people, and then another, and then another, ginning to purchase high level technology never being explicit about the goal or purpose-that not with military applications from the United only would Peking '·'welcome" access to American arms as well,but that, as Drew Middleton has written in the New States; and it finds itself most comfortable York Times, normalization ofrelations with the U.S. will with the foreign policy attitudes of such "enable the Chinese army to prepare a more formidable op­ American politicians as Henry Jackson, position to the recently reinforced Soviet forces along the Northern frontier" (December 18,1978). James Schlesinger, and Ronald Reagan. In the meantime, with Western Europe supposedly wor­ 20 If you judged that nation to be Britain or ried by Soviet power, Leonid Brezhnev's protests about

THE LIBERTARIAN REVIEW Western military aid to China have been shoved rudely Pearl River Delta. Five or six major American oil companies have aside. The Chinese have discussed using British equipment submitted further oil and gas proposals. Business Week says the big­ and technical assistance in modernizing their four thousand gest deals are yet to come. aging Russian-designed MIG-19s, as well as their ground­ lron and Steel. A German group headed by Schloemann-Siemag support equipment for both military and civilian aircraft. is negotiating to construct the largest steel complex in the world in They have also discussed purchase of antitank missile sys­ Hopeh Province, at an even greater cost of some $14 billion. Nippon Steel Company is already constructing a $3 billion steel tems, including the Swingfire, plusseventy "Harriers;' a ver­ plant on the outskirts ofShanghai. Kaiser Engineers ofthe U.S. has tical takeoffand landing fighter now in service with the U.S. just signed a contract for the complete construction oftwo giant ore Marine Corps. mines. China has signed a protocol with four West German mine Early in December, the Bank of China concluded a $1.2 equipment producers for $4 billion in mine equipment, plants and billion export credit deal with ten British banks, part of technology. which will pay for the military equipment now being dis­ But most important ofall, there is that most ominous and cussed. Peking and France have just concluded a seven year dangerous of developments: military aid. That the United agreement valued at $13.6 billion, and China has also been States is moving rapidly into .what can only be seen as making several important purchases from its old enemy, a military alliance with Communist China against the So­ Japan. And that is only the beginning. Western countries viet Union is not only conclusive evidence-if any were and Japan are making arrangements to loan Communist needed-that the actual motives behind an interventionist China tens-perhaps hundreds----of billions of dollars over foreign policy have nothing to do with "anticommunism;' the next few decades, to finance the rapid development but is also a horrifying symbol ofthe high stakes involved in which the Chinese call the "four modernizations"-agricul­ today's politics of global interventionism. And behind all ture, industry, science and technology, and defense-­ the obfuscations and bromides ofthe Carter administration designed to make China into a true "superpower" by the and its apologists, high stakes, and not "international co­ year 2000. These modernizations, often to be paid for im­ operation;' are what are involved in the new U.S.-Chinese mediately by Western taxpayers and international monetary relationship, stakes openly admitted by the elite which manipulations, are to be paid for in future Chinese produc­ shapes our foreign policy. They even have a name for this tion-production from Western-built factories, and new move in international relations, and have been openly Western-developed oil reserves. As Kenneth LieberthaJ debating the policy and its ramifications for several years. wrote in the October 23 issue of Fortune, They call it "playing the China card;' and it has been a long Some kinds oftrade deals that have been debated in China since the time coming. mid-1970's have recently gained approval. Peking seems ready now for arrangements in which a foreign company provides technology, machinery, and managerial expertise and is paid in the output ofthe The card is played venture for a specified period of years, after which the venture reverts to China. Deals that involve the processing ofraw materials President Carter's decision to play the China card by cutting supplied from abroad are now in the offing; so are arrangements off diplomatic relations with Taiwan and recognizing the that involve the assembling of components for foreign companies. government of Peking instead, was announced on the even­ The China Resources Company, which officially represents the People's Republic in Hong Kong, has privately expressed an inter­ ing of December 15, in classic Nixonian fashion. Suddenly, est in getting together with foreign companies to set up jointly dramatically, in a manner calculated to produce an image of owned ventures, based in Hong Kong and Macao, and recent ar­ presidential "decisiveness;' the announcement came on a ticles in the Chinese press suggest that the possibility of joint­ Friday evening, the penultimate weekend before Christmas, ownership deals within China is being debated. almost as though the intent were to bury the controversy China is especially interested in foreign participation in the ex­ which would certainly be provoked, before it could even tractive industries (mining, offshore oil), mineral processing, and surface. communications; to a lesser extent there is also some interest in The Camp David accord had been collapsing like a house deals involving agriculture. Pennzoil, Exxon, Union Oil and of cards in slow motion, with the Nobel peace prizes impul­ Phillips Petroleum have held intensive talks with the Chinese in sively given to Begin and Sadat seeming in retrospect like recent months on the development of offshore oil reserves, and mocking symbols of wishful thinking. SALT II looked to Mobil is scheduled to negotiate with the Chinese in November. These ventures, in which each side has expressed serious interest, face massive opposition in the U.S. Senate even before any could produce agreements involving billions for each company. I~ is agreement had been reached between the U.S. andthe Soviet still not clear how China would pay for these and the other maSSIve Union. And the Shah of Iran felt his grip on his beleagured projects it is now negotiating. . .. country loosening in the midst of riots by the people and murders by his army-barely weeks after Carter's assur­ The New Republic has an idea, however: "China most ances that the Shah was there to stay. Foreign policy failures likely will not pay us with gold or hard currency, as they will were everywhere, andJimmy Carter seemed, once again, to in great measure pay the harder-nosed Japanese. They will be in over his head. pay us with our own credits, deflated dollar after deflated Hence the unexpected move, so reminiscent of Nixon's dollar, which will have the side-effect of intensifying the announcement in 1971 that he would visit China. The joint capital crunch at home:' In the meantime, taxpayers of communique from which Carter read said in part that Japan and the West will help merrily to build the economic power of the slumbering Communist giant, in much the The United States of America recognizes the Government of the same way that the West did the Soviet Union in the 1920s People's Republic of China as the sole legal Government ofChina. and 1930s. The socialist weekly In These Times has pointed Within this context, the people of the United States will maintain cultural, commercial and other unofficial relations with the people to just a couple of the more important purchases already of Taiwan. made by China, against credit, from Japan and the West: The United States ofAmerica and the People's Republic ofChina Oil. China reached agreement with the Japan National Oil Com­ reaffirm the principles agreed upon by the two sides in the Shanghai pany for joint petroleum development of the Po Hai Gulf and the Communique and emphasize once again that: 21 JANUARY 1979 self: 'Massive applause, throughout the nation:" Not quite. Opposition to Carter's move came swiftly, from all segments of the political spectrum. Senator Barry Goldwater accused Carter of "one of the most cowardly presidential acts" in history, and announced his intention to sue the President over the abrogation of the mutual defense treaty with Taiwan. Senator Jesse Helms, who only a few short weeks before the Administration's decision was an­ nounced had been assured that there were no plans in the months ahead to recognize Peking, said that he was "appal­ led at the unreliability of the Administration's words:' Leaders of the American Conservative Union announced a campaign to block termination ofthe mutual defense treaty with Taiwan. National Review echoed the charges of "be­ trayal;' quoting George Bush, who said "we gave all andgot nothing;' and claimed that "around the world, especially in embattled nations, somber conclusions are now being drawn. From the fall of Saigon, to the collapse of the West­ ern interests in the former Portuguese colonies, torhe estab­ lishment ofadvanced MIG fighter-bombers in Cuba-well, to quote John F. Kennedy, the word has gone forth that the U.S. will sell out a friend, an ally, and a principle:' Even the liberal New Republic editorialized, "let those who count on us be warned:' In Chinese communities throughout the United States, thousands of people demonstrated on both sides of the issue: pro-Taiwan, pro-PRe, and even pro-Gang-of-Four. Severing diplomatic ties with the Taiwan government was branded "a sellout" by some, "realistic" by others.Demon­ strators in New York City, San Francisco, and elsewhere clashed, often violently-giving vent to explosive emotions on both sides. In Taiwan itself, there were anger and outrage, and char­ ges of betrayal and hypocrisy. The U.S. embassy in Taiwan's capital, Taipei, saw demonstrators slapping up defiant posters: "We don't need the U.S:; and "Opposeltela­ tions with the U.S. and the Communist Bandits:' The demonstration grew. Posters were draped over the wind­ shield ofan embassy car; eggs and rocks were thrown wild­ ly. Taiwan's President, Chiang Ching-kuo, the 68-year old son of Chiang Kai-shek, declared that the U.S. intention to abrogate the 24-year old mutual defense treaty with Taiwan would have a "tremendous adverse impact upon the entire free world.... The government of the United States alone should bear full responsibility:' He was especially angered at Mao Tse-tung, shortly before his death in 1976 ... having been notified only eight hours before Carter's sudden Both wish to reduce the danger ofinternational military conflict. speech to the nation. Neither should seek hegemony in the Asia-Pacific region or in The American people seemed to react differently. They any other region ofthe world and each is opposed to efforts by any were not enthusiastic about recognizing the PRC, but nei­ other country or group of countries to establish such ther were they excited about further support ofTaiwan. As hegemony.... the New York Times said, surveying the results of a poll the The United States of America acknowledges the Chinese posi­ newspaper undertook in conjunction with CBS News, tion that there is but one China and Taiwan is part of China. "Americans were not enthusiastic about supporting Tai­ Both believe that normalization ofSino-American relations is not only in the interests of the Chinese and American peoples but also wan, especially to the extent of providing military aid ... contributes to the cause Qf peace in Asia and the world. only 26 percent said they favored continued arms support for Taiwan, while 58 percent said they opposed further In his own remarks, Carter claimed that arms sales to the Nationalists:' Moreover, "in general, the we do not undertake this important step for transient tactical orex­ poll results suggested that Americans in increasing num­ pedient reasons. In recognizing thatthe Government ofthe People's bers, wanted a peaceful world, and opposed any United Republic is the single Government of China, we are recognizing States involvement in foreign crises:' simple reality. But far more is involved in this decision than a While Taiwanese (and American conservatives) regard recognition of reality. Carter's derecognition of Taiwan and his giving of a year's Then, according to Newsweek, "his eight minute speech notice for ending the mutual defense treaty as a "betrayal'; it finished, Carter leaned back in his chair, unaware that a is so only in symbolic terms, the terms set by those who see microphone was still turned on. Whimsically, and with a every disengagement of the U.S. from every foreign en­ 22 touchof smugriess, the President remarked, almost to him- tanglement as evidence ofa "failure ofnerve;' or a weakness

THE LIBERTARIAN REVIEW of the American will. Recognition of the PRC is in fact an act of simple realism in today's world, where acts of diplo­ matic recognition have no moral content whatever, but merely reflect the reality of a government's having estab­ lished control in a given area. Ifrecognition conveys a moral sanction, then where are the calls for ending recognition of virtually every regime on the face of the planet? A policy of realism, if consistently carried out, would lead to a policy of recognizing both Taipei and Peking, i.e. a policy of "two Chinas:' But this option was effectively closed offby the Tai­ wanese themselves: both sides have adamantly maintained, ever since the victory of the Communist Chinese over the Nationalists in the Chinese civil war, when the Nationalist army escaped to Taiwan, that there was but a single China; and each has claimed to be the only legitimate government thereof. Moreover, the charge of "betrayal" has less to it than meets the eye, even in symbolic terms. Carter has given Taiwan one year's notice on ending the mutual defense trea­ ty, which is precisely what that treaty-which should never have been signed in the first place-requires. We hear in ad­ dition that the PRC has made absolutely "no concessions;' that the U.S. has given up everything, and received nothing in return. But nothing could be further from the truth. Teng Hsiao-p'ing, the Vice Premier who is the architect within China not only of normalizing relations with the U.S., but of the campaign for the "four modernizations" as well, has in fact made several concessions. First, he has dropped the earlier demand that the mutual defense treaty with Taiwan be abrogated immediately; secondly, he has dropped the de­ mand for the "liberation" of Taiwan, talking instead now about ultimate "unification;' granting tacitly that the PRC should not and cannot regain Taiwan by force, claiming that "unification" with Taiwan could take a decade, a cen­ tury, or even a thousand years. Teng Hsiao-p'ing has said that he has "no intention" ofseeing the standard ofliving on Taiwan lowered, and does not want to violate Taiwan's "unique political system:' Consistent with the view that China's relationship with Hong Kong may be the model for the PRC-Taiwan relationship, Teng has begun showing highly favorable, pro-Taiwan films on Chinese television, praising the achievements of Taiwan. Finally, Teng has assented to the American plan not only to continue all cul­ tural and economic ties,.but to continue to provide aid to Taiwan, including weapons sales, even after the mutual de­ fense treaty is ended. For Communist China, these are sig­ ... and his hand-picked successor as Chairman of the Chinese nificant concessions. Communist Party, Hua Kuo-feng. attempt to reinforce the power and prestige of the so-called "moderate" faction represented by Teng Hsiao-p'ing, who Interventionism runs amok has moved swiftly and suddenly to power in China, against so-called "radical" factions which are less receptive to rapid In a general way, at least, libertarians can welcome nor­ economic development as well as to extending ties to the malizationof relations with· Communist China, insofar as U.S. and the West. that involves simple diplomatic recognition and opening of And this is no joke. We should consider very clearly the cultural and economic relations. But the problem really is implications of playing Chinese power blocs against each that the playing of the China card goes much further, and other. China is not Iran, after all: it contains nearly a quarter has implications that are menacing indeed, menacing not ofthe world's population, and, in the event that rapid mod­ only to world peace and U.S.-Soviet relations, but to pos­ ernization should occur, it could make a powerful foe­ sible future relations between the U.S. and China as well. especially if, in years to come, an anti-U.S. faction came to For the China card is not merely being played against the power, opposing, as the anti-Shah forces in Iran have, U.S. Soviet Union, which has damned good reasons to be "edgy;' meddling in their internal affairs. Teng Hsiao-p'ing is no as one headline put it, over future U.S.-China military spring chicken: he is 74 years old, has already been purged deals. Itis a card being played against other factions as well, twice in power struggles, and will not live forever. in a continuing power struggle within China itself, thus con­ Consider the domestic events that led-up to China's play­ stituting an attempt to directly influence the internal politics ingofthe U.S. card. On the U.S. side, the possibility ofplay­ of a volatile and unstable nation. More specifically, it is an ing the China card has been discussed for more than a dec- 23

JANUARY 1979 ade. Richard Nixon decided that relations between the two and it produced an increase in Sino-Soviet tensions so as to countries should· be normalized in 1967, a year before his provide "a dramatic justification for a future opening with successful run for the presidency, and the U.S. has been the United States?' Thus the March 2 clash saw "Mao and moving toward such ties since the early days ofhis adminis­ Chou acting hastily for highly political reasons?' Mao Tse­ tration. Nixonreportedly hoped to normalize relations dur­ tung and Chou En-Iai, that is, were willing to risk the deaths ing his secondterm, but was blocked by the Watergate scan­ of hundreds of Chinese soldiers and even war with the So­ daL Gerald Ford hoped to normalize ties as well, but found viet Union, in the midst of a power struggle within their himself faced with the opposition ofright-wing Republican country, to discredit those within China who opposed de­ Ronald Reagan in the· Republican primaries; normalizing tente with the United States. relations then, when he was faced with a Reagan threat It is in this context that one ought to understand the pre­ from.the right-wing, would have surely sunken Ford's carious, explosive nature of American intervention at its chance for the 1976 nomination. So the playing of the card most meddlesome-intervention in a crisis between Com­ was left to Jimmy Carter. But in China, the situation"has munist China and the Soviet Union. been much more volatile. For according to H.R. Haldeman, in his book The Ends In 1976, a senior analyst for the CIA, Roger Glenn of Power, in an account substantially accepted by foreign Brown, took the unusual step ofpublishing an article in the policy analysts, the situation was terribly explosive during prestigious Foreign Policy magazine, a signal to the Chinese the 1969 clash. According to Haldeman, the Soviet Union that, although ternporarily stalled during the Ford adminis­ had moved nuclear armed divisions within two miles ofthe tration, the foreign policy elite in the U.S. was still interested Sino-Soviet border, and the U.S. intelligence and aerial in rapproachement with China. His article was a detailing photos revealed "hundreds of Soviet nuclear warheads ofthe relationship between Chinese foreign policy and Chi­ stacked in piles?' For years the Soviet Union had been nese internal politics, meant to underscore the importance paranoid about China. of improved U.S.-Chinese relations. It was in this context that, according to Haldeman and Brown began by recalling the 1969 border clash between others, the Soviets approached the United States with the China and the Soviet Union: suggestion that the U.S. join the Soviet Union in a joint ven­ On March 2, 1969 an unusual incident occured on the frozen ture: a strike against China's nuclear plant. Richard Nixon Ussuri river near the desolate island which the Chinese call Chen­ turned down the suggestion, but, upon being informed that pao and the Soviets call Damansky. On numerous occasions since the Soviets intended to go ahead anyway, decided to inter­ the early 1960s, there had been periodic nonshooting skirmishes in vene, tacitly placing the U.S. in the midst .of a Soviet­ this and other areas along the disputed Sino-Soviet border. On Chinese conflict. Nixon and Kissinger sent a "signal" to the March 2, 1969, for the first time, Chinese soldiers opened fire on a Soviets to the effect that the U.S. was "determined" to be a Soviet patrol, killing 7 soldiers and wounding 23. On March 15, "friend" ofChina. The Soviets--as they have so often in the the Soviets retaliated with a full-scale military engagement in the same area during which hundreds oftroops on both sides were killed past-pulled back from a possible nuclear confrontation. and injured. Following these conventional military exchanges, It is in this situation that Lin Piao attempted his aborted Soviet spokesmen hinted in a number offorums that a nuclear at­ coup, and reportedly was killed in a plqne crash escaping to tack on China mightbecome necessary. By August 1969, the situa,.. the Soviet Union. Thus the fall of Lin Piao was the resultof tion had deteriorated so badly that some Western observers were an internal power struggle having foreign policy as a key convinced that war was· inevitable in the near term. In short, the issue. And this account, ofcourse, only scratches the surface events of1969 marked the most serious crisis in the entire history of of Chinese domestic politics. Sino-Soviet relations. If more recently published reports are correct, the situa­ tion was even more dangerous than most analysts knew­ and all the more dangerous because the U.S. was position­ ing itself betweenthe two Communist giants. Roger Glenn Brown pointed out in that Summer 1976 article that this crisis of 1969 has always been difficult to explain, "but a good case can be made that the initial Chinese attack on the Soviets was the outcome ofintense political infighting with­ in China, both over who would set Chinese policy and whether Peking should execute a major departure in its for­ eign policy by improving relations with the United States. In the fall of 1968, Premier Chou En-Iai convinced Chairman Mao Tse-tung to move in this direction, but this decision was apparently reversed in February 1969 because of in­ tense opposition from China's military establishment and radical leaders like Chiang Ching and Tao Wen-yuan who had gained prominence during the Cultural Revolution?' So-called "radicals" in the·government, such as the pow­ erful defense minister Lin Piao and his allies in the military, opposed the move for a variety ofreasons, including the fact that it would have been a triumph ofpolicy and prestige for Chou En-Iai, Lin's chief rival. According to Brown's analy­ sis, the clash with the Soviets under these circumstances helped reinforce the powerofMao and Chou, who were in a precarious political position; it discredited Lin Piao, who 24 reportedly favored rapproachement with the Soviet Union;

THE LIBERTARIAN REVIEW (/)a I­a Ia.. o a:..-l a 3: oLl.J ~ An estimated 10,000 Taiwanese protest the normalization ofrelations between the U.S. and mainland China. In the light of these continual power struggles, purges, These antidetente forces, in a desperate attempt to point upheavals, and intrigues-conflicts of which U.S. intelli­ to evidence of Soviet "expansionism;' can refer only to the gence has barely any understanding-we should ask just actions of alleged Soviet "proxies;' such as Cuba in Africa. what the U.S. is risking-and why-in this involvement in But the double-standard of these interventionists has cov­ internal Chinese politics. In establishing ties with China, ered up obvious parallels in American policy: for if Cuba is and in encouraging allies to do so as well, the U.S. is neces­ to be regarded as a "proxy" of the Soviet Union, what has sarily linking itself with particular factions and leaders in France been to the U.S. in Africa, or South Africa or Rho­ China. desia? AndwhathaveIsrael, orIran, been in theMiddleEast, And that is precisely one ofthe goals ofnormalizing rela­ or Japan in the Far East? But this hypocrisy, too, has now tions, of "playing the China card": to lend support to Teng been unmasked, as the U.S. prepares the greatest "proxy" of Hsiao-p'ing and other so-called "moderates" during the all-the People's Republic of China, the new shining star in post-Mao period-these "moderates" (the distinctions be­ the anticommunist alliance, and the new "running dog" of tween "radicals'~ and "moderates" or"pragmatists" in China U.S. imperialism. are real, but the use of these particular terms is vacuous) And let it not be forgotten either that by allying itself with being anti-Soviet, pro-modernization, pro-relationships China, the U.S. finds itself oddly po·sitioned in the new In­ with the West. It is "balance ofpower"politics played with a dochina war-between Vietnam and Cambodia. By allying vengeance, the foreign policy of global interventionism itself tacitly with Cambodia, that great butcher of the east, waged with a cynical disregard of the anticommunist that"sinister genocidal state run by filthy murderers, Jimmy rhetoric which has rationalized the international crimes of Carter finds himself in bed with the Khmer Rouge. How the American State since World War II. Neither "national fare "human rights" now, Mr. President? security" (by building up the military and economic power of Communist China!?) nor a crusading anticommunism (by allying with China?!) can any longer cloak the realities A new foreign policy now! of American meddling in the international arena. That this rationale has just about run out of steam should now be For decades now, the American people have been man­ clear, symbolized by the fact that one of the unmistakable ipulated and lied to, and told that the reason they had to be effects of the new turn in foreign policy is the enhancement victimized year after year by having tens of billions of of the power and prestige of this once-feared and loathed dollars oftheir incomes confiscated by the American state to Communist giant. support a massive military machine and a foreign policy of All ofthis should be borne in mind when opponents ofde­ global interventionism, was to combat communism, to tente between the Soviet Union and the United States com­ "protect" the "free world;' and to oppose tyranny. The lies plain that, under an alleged "detente;' the United States is drip from one corner of the mouths of our leaders, blood making grave and serious sacrifices ofits interests to placate from the other. There is no longer any reason whatsoever to the U.S.S.R. The U.S. is nowmaneuvering to supportChina take those leaders seriously. They are right about only one in conflicts with the Soviets, knowing that the Russians are thing: the foreign policy which had led us into wars and "paranoid" and, according to the New York Times, "highly crises is 'a bipartisan foreign policy, supported by both Re­ sensitive to the military threat they see posed by the Chinese publicans and Democrats, Liberals and Conservatives. We along a very long border; so sensitive that they maintain a have had enough of these scoundrels, and they ought to be stronger military force facing the Chinese than they do in summarily thrown out of office, once and for all. The eastern Europe;' In the back rooms of international diplo­ American people need a new direction, and a new foreign macy, the United States is working busily to cement an anti­ policy: the direction oflibertarianism, the foreign policy of Soviet alliance which includes military and economic aid to noninterventionism. the Soviets' most hostile rival, an alliance which, over the The alternative is for the chains ofthe State to be fastened next few years, will include massive modernization of ever more tightly, ending in tyranny and nuclear war. We China's primitive ground forces, to increase China's mili­ cannot afford to demand less: a new liberty and a new for- tary might along the Soviet-Chinese border. eign policy for Americans, one and inseparable. D 25

JANUARY 1979 "Well, and \Nhat \Nas so remarkable about Ch'in Shih-huang? He E scholars. We, we executed 46,000 of them! This is what I answ~ democrats: you think you insult us by saying that we are like Ch'ir you call us tyrants- we grant readily that we have those quali deplore that you remain so much belo\N the truth that we have tc out your accusations!" - Mao Tse-tung, quoted in Simon Leys's Chin,

would march to the barricades in defence of liberty-as DAVID HART many did in Spain. They were remarkably reluctant to fight the same evils when committed by their beloved "left wing" Ch'in Shih-huang was the first emperor governments, testifying to their faith in the divinity of the "dictatorship of the proletariat". of China, founding the unified empire in Some left wing intellectuals, however, were acutely aware the third century B.C. In 213 B.C. he or­ of the terrors of the Stalinist regime. Boris Souvarine wrote dered all books presenting the views of his an illuminating biography of Stalin in 1935, because there was enough information by then for them to piece together opponents burnt and more than 400 con­ a rough outline of what was actually going on behind the fucian scholars buried alive. That the "iron curtain". People like Robert Conquest (The Great Ter­ "great helmsman;' Mao Tse-tung, could in ror) and Aleksander Solzhenitsyn (The First Circle and Gulag Archipelago) have in recent years only added moving his collected works not only compare him­ and bloody detail and have not radically altered the story as self openly with such a butcher, but boast it leaked out during the 1930s, 1940s and 1950s. A similar situation has occurred with China. Left wing intellectuals, at having surpassed him a hundredfold, is until recently, have turned a blind eye and a deaf ear to the enough to leave one flabbergasted. But, stories of repression, murder, famine, imprisonment, and then, Mao never shrankfrom admitting his the wholesale denial of liberty to the Chinese people. The left has contented itself with the glorious "successes" crimes; he left that coverup to his apolo­ of socialist agriculture and industrialization, accepting the gists throughout the world. need for some violence in order to remove the last vestiges of Why has it taken so long to expose the the "old order" and pave the way for the millenium. Basic gross violations ofhuman rights-the mas­ human rights have been regarded as expendable, at least until socialism is firmly established, so Maoist fellow travel­ sacres, torture and imprisonment-that lers have not lost any sleep over the "re-education" of have occured since the Chinese Communist Chinese dissidents. One becomes truly speechless when confronted by their naked apologia for the "Chinese experi­ Party came to power in 1949? Why have ment'; an apologia that flies in the face ofeconomic law and western journalists, intellectuals and aca­ concern for human dignity, liberty and independence. A demics remained silent until quite recently, shining example of such apologia by two New Left histori­ when the evidence had become so over­ ans reveals the left's unconcern for uncomfortable details: Nowhere is the contemporary Chinese government given just whelming that they could no longer ignore credit for feeding and providing social and educational services for it? A similar phenomenon occured during its people, or with eliminating the social evils endemic to their lives throughout the last century: opium traffic, prostitution, gambling, the 1930s in Soviet Russia. Fellow travel­ famine, plague, floods, etc. Even without massive foreign aid the ling, a sort of arm chair communism, Chinese government has been among the most successful in the Third World to deal effectively with the problem of growth. blinded intellectuals to the horrors ofmock [Leigh and Richard Kagan, "Oh Say Can You See? American trials, forced collectivization, shooting of Cultural Blinders on China;' in America's Asia: Dissenting Essays on Asian-American Relations, edited by Edward Friedman and Mark dissidents and black marketeers, corrup­ Selden.] tion, mass arrests, imprisonment, and de­ Reality, unfortunately, is somewhat different. Instead of portation to Siberia. It seemed that if re­ there being a socialist paradise in China, the following facts pression occured under a "right wing" gov­ should be noted: (1) there is a "newclass" inhabiting Peking, which has privileges denied to all other Chinese; (2) exten­ ernment (Franco's Spain, Hitler's Ger­ sive rationing of food and consumer goods takes place 26 many, Mussolini's Italy) fellow travellers there, and ration cards are now an alternative currency,

THE LIBERTARIAN REVIEW ~cuted 460 ~d to some The )hih-huang, ~S; 'He only • Annihilation lelp you fill • of Human e Shado'Hs Rights

even for prosititution; (3) Chinese agriculture is amazingly in their analysis of Chinese history, since their defense of inefficient, and, as in Russia, 25 percent of non-cereal pro­ revolution and liberty, together with their rejection of im­ duction comes from family plots which comprise only 5 per­ perialism and government intervention cuts across tradi­ cent ofall cultivated lands; (4) health services and education tionalleft/right interpretations. are not free, and there are,moreover, special hospitals for cadre and party officials; (5) a whole class of unemployed live on the fringes of Chinese society-beggars, dissidents, The truth emerges thieves, black marketeers, and prostitutes live in an under­ world in the big cities, constantly harassed by the police; Three important books have appeared in the last 5 years (6) travel requires authorization by the prefecture "Revolu­ which expose the crimes of both the Chinese communist tionary Committee"; there are two classes oftravel, one for government and the western intellectuals who have defend­ cadre and officials and one for ordinary Chinese; and all ed it. They are Prisoner of Mao (1973) by Bao Ruo-wang train tickets and hotel bookings can be bought only by and Rudolph Chelminski, Chinese Shadows (1974) by the showing the proper authorization; (7) local neighborhood indefatigable Simon Leys, and Amnesty International's committees or "units" control lodging, food, leaves of ab­ Report on Political Imprisonment in the People~s Republic of sence from work, divorce, marriage, and even the number China (1978). All three are important because each exposes of children permitted to each couple; (8) homosexuals are a different aspect of the Chinese state. severely punished-often executed-as is anyone who en­ Chinese Shadows was written after Leys's trip to China in gages in sexual behavior outside ofthe puritanical norms set 1972. It attempts to expose the simplistic and apologetic down by the party; (9) catastrophic crop failures have oc­ accounts of China written by Western journalists and aca­ curred because of the idiotic "Great Leap Forward:' demics since the "openingup" ofthat country after Nixon's L. La Dany estimates that 50 million people died during the visit in 1972. Leys was stunned by the systematic destruc­ famine years of 1960-62. Cannibalism, sale of children, tion ofart and architecture that occurred during the Cultur­ begging, peasant abandonment of fields too poor to work, al Revolution (1966-69). As an art historian he was particu­ were the result of the massive economic dislocation caused larly interested to inspect well known archeological sites by government policy. Needless to say, however, the party and museums; and one shares his shock at the deliberate, elite was well fed during the famine, and the shops in Peking outright destruction of "feudal" or "bourgeois" art by the were better stocked than anywhere else in China. [For these Chinese officials. It is almost amusing to learn from him that facts and more, see the articles in the special China issue, in the "classless society" there are 30 hierarchical classes November 1978, of Quadrant, the Australian magazine, within the Chinese bureaucracy alone, "each with specific edited for this special issue by Simon Leys. See especially privileges and prerogatives:' China has definitely advanced M. and I. London's "The Other China;' and C. andJ. Broy­ since the sixth century B.C.; then there were only 10 such elle's "Everyday Life in the People's Republic:'] classes. And the politicization of cultural life has rendered The problem for the libertarian in dealing with China is literature, music, art and education in China barren­ to combine an uncompromising defense ofthe liberty ofthe which is doubly tragic given the high regard of the Chinese Chinese people with a defense of the revoution which has people for their wonderfully rich cultural heritage. been left tragically incomplete by the communists. The rev­ Leys manages to capture the tragicomic nature of this olution was gloriously libertarian insofar as it enabled indi­ destruction in anecdote after anecdote. He speaks ofhis visit viduals or groups of peasants to regain land that they had to a museum "dedicated to the visit Mao paid to the univer­ justly owned by the mixing of their labor with the soil that sity in 1958. One is happily surprised to see there, under they worked. The revolution was sabotaged by the unjust glass, a dirty old undershirt; this startling specimen of confiscation of land and property from richer peasants, underclothing owes its immortality to a remark made by the shop owners, merchants and industrialists, many of whom Chairman, who saw it on the back of a student in a univer­ had justly acquired it on the market. The result of this be­ sity workshop and said, 'Bravo, there is one who looks like a trayal of the revolution was the creation of a new class of worker!'" There is the barrenness of music: Beethoven and parasitic rulers (far more brutal and powerful than the Schubert are banned as "counterrevolutionaries;' while Kuomintang) composed of communist party bureaucrats, Chinese music fits a party line: cadre, the military, and industrial managers. Libertarians Only one symphonic creation is performed and broadcast (with- must therefore be independent of conventional viewpoints out surcease): the "Yellow River'; a concerto for piano and orches- 27

JANUARY 1979 tra, which is in fact only a remake ofa work written during the war the public. However, for foreigners, a back room was unlocked: years. In 1972, while on a trip in the provinces, I heardrhe dean of there, one could see paintings in the traditional style and reproduc­ our group compliment thepianist who had interpreted this medio­ tions ofoldpaintings. These prophylactic measures to isolate the cre, Rachmaninoff pastiche and ask him what other pieces lie Chinese from their own culture are applied throughout China. had in his repertory. The pianist made this disarminglysoher reply: Finally, ,there is the tedious stomping on ordinary en­ "None:' thusiasm: There is also the destruction oflanguage, such as a radical In the olddays Chinese opera houses had a kind ofjoyful sloven­ reform of writing~the substitution forChinese characters liness, a popular, warm, living atmosphere.. The dangerously

"In spite of the dangers of protest, men and women in China are opposing the Communist regime by distributing literature, organizing protest groups, fleeing to Hong Kong, organizing political parties, and even forming revolutionary armies!' of a phonetic transcription of them in Roman letters-a expert audience booed and applauded with absolutely no inhibi­ decision, as Leys tells us,"ofenormous importance for eight tion. The Maoist authorities, who fear nothing so much as spon­ hundred million people ... decided without any public taneous mass happenings (which might always degenerate into debate, on the sole basis ofa Mao saying:' There is the evis­ uncontrollable avalanches), putthe houses in order and started re­ ceration of outlets for Chinese writing: a new Chinese liter­ educating the audience: the audience was no longer allowed to roar ary monthly defined, in its first issue, the kind of literature its enthusiastic "Haarafter each virtuoso piece, butwas directed to clap only as the curtain fell, in Western academic fashion. It took which alone would be welcome in its pages: some years to reform age-old public habits; when the connoisseurs Our publication welcomes all novels, essays, articles, works of -and in places like Peking everybody was a connoisseur-showed art which present in 'a healthy way a revolutionary content. They signs of being overcome by their former intoxication, and when in must exalt with deep andwarmproletarian feelings the great Chair­ the pressure cooker of a really good audience the "Haas" started man Mao; exalt the great, glorious and infallible Chinese Com­ rocketing about as they had in the good old days, small red-light munist party; exalt the great victory of the proletarian revolu­ panels marked "Silence" would start to blink furiously at the four tionary line of Chairman Mao. corners of the auditorium. Then there is the desecration oftemples and architecture: And such pettiness is everywhere. "The Temple ofthe White Dagoba (Pai-t'a ssu),an eleventh­ Prisoner ofMao is the story ofBao Ruo-wang, a Franco­ century Buddhist temple rebuilt in the fifteenth century, was Chinese who was incarcerated in the Chinese labor camp a warehouse and refuse dump with a padlocked entrance, system because of various· undefined "crimes against the and all one could see over the wall was ruin and desolation:' state': (Bao did work for the U.S. military but it is unclear There is the systematic separation ofthe Chinese from their whether he was involved in criminal activities). Bao is own cultural traditions in every way: unique in that he is one ofthe very few Westerners (perhaps In Nanking Street, the To-yun hsuan shop (which specialized in the only one) who has returned from the Chinese Gulag. He paintings and artistic reproductions) sold only propaganda posters was released when the French government, which had 28 and portraits ofChairman Mao in the part ofthe store accessible to studiously ignored him until then, recognized China in

THE LIBERTARIAN REVIEW 1964. Prisoner ofMao is the story of his seven years in the labor camps. The Amnesty International Report is written in terse and unemotional prose; yet it is the most moving account ofthe three. The Amnesty researchers have carefully documented their case from official Chinese sources. ("Official docu­ ments alone present sufficient evidcence that the treatment of political offenders results from a consistent policy of denying to individuals the right to deviate from standards of behavior defined by official policy.") And they have cross­ checked this with oral testimony. ("The accounts ofvarious people who do not know each other and who come from different places in China often present the same picture of a particular event and penal practice, and can sometimes be further corroborated by official documents or statements:') After thoroughly describing the different kinds of prisons and reform programs, the laws and legal procedures, the treatment and condition of prisoners, the Report gives five case histories which have particularly concerned Amnesty International: Lin Xiling: a fourth year law student who was imprisoned after the "One Hundred Flowers Movement'; for protesting the suppression of counterrevolutionaries, the existence of privilege and the lack of democracy. Wand Mingdao: a Protestant minister imprisoned since 1957 because of his religious beliefs, especially his defense of the church's independence from the state. Chamba Logsang: a Tibetan monk arrested in 1959 on charges of exploiting the masses in the name of religion. Deng Qingshan: a 26 year old peasant worker arrested in 1970 because of a frame up. The official charges were "slandering Chairman Mao" between 1967 and 1969, but the trial proceedings were a farce. Li Zhentian (Li Cheng-tien): a former Red Guard who was imprisoned for criticizing the government in a wall poster. Is the Chinese Gulag an aberration, an unfortunate development that is not crucial to the functioning of the Communist state? If one examines the thought ofMao Tse­ tung, especially volume five of his Selected Works, it be­ comes obvious that systematic terror is a fundamental part of the socialist revolution. Thus the Chinese Gulag is a necessary component of this revolution. In his essay "In Suppressing the Counterrevolution One Must Hit Steadily, Accurately, Without Mercy;' Mao explains what he means by this. "To hit steadily means to pay attention to the policy. To hit accurately means not to kill the wrong men. ·To hit without mercy means to kill resolutely all reactionaries who must be killed:' The number of people who would be subjected to this policy ofextermination is mind numbing."Itcan be estimat­ ed that the proportion of those who must be killed among the counterrevolutionaries in Party, Government, Army, in the educational field, in the economic field, in the mass organizations, those who have a blood debt or other causes inviting the anger of the masses or have done grave harm to the State, should be 10 to 20%': In April 1956 Mao gave a speech "On the Ten Great Relations'; the seventh of which dealt with the counterrevolution. Here he expained that "counterrevolutionaries are worthless; they are vermin, but when they are in your hands, you can make them perform some kind ofservice for the people:' Later that same year, at the Second Plenum of the Eighth Central Committee, Mao asked himself, Should local bullies, evil despots and counterrevolutionaries be 29

JANUARY 1979 killed or not? They must be killed. Some democratic gentlemen say Mao's last interview with Edgar Snow he admitted that that killing is wrong. We say killing is good ... ifwe do not kill the Western journalists had.grossly underestimated the extent "small Chiang Kai Sheks" then the earth will keep on trembling of violence; Han Suyin admits at least 90,000 victims in under our feet and we shall be unable to release production force or Szechuan province and Li I-che gives 40,000 in Kwangtung to liberate the laboring people. who died because of Lin Piao's repression; (4) the Anti Lin One could continue to quote these barbarous monstrosi­ Piao Campaign and Anti Confucius Campaign of 1973­ ties from the mouth of Chairman Mao; his Selected Works 1975,.and the campaign for the Denunciation of the Gang are full of them. But, lest we be accused of being too harsh of Four (1976-1978): executions have been announced by on Marxism, one further quotation is necessary. In October the Chinese press but no figures are available; these cam­ paigns have exposed the atrocities committed by those being denounced; the Gang of Four especially have been de­ nounced for repression, imprisonment and murder of their political opponents; (5) The T'ien An Men demonstration of April 5, 1976: one hundred thousand demonstrators in Peking were brutally repressed; three thousand were ar­ rested on the spot, 100 killed by Wu Teh's police, and 40,000 were later arrested in connection with the demonstration.

Constitutional protections-for the ruling class

The Chinese people have no protection under their constitu­ tion. The new constitution, adopted on March5th, 1978, remains a document specifically designed to protect the ruling class from subversion from below. It guarantees no rights because it asserts the duty ofall citizens to support the party: "Citizens must support the leadership of the Chinese Communist Party, support the socialist system, safeguard the unification ofthe motherland andthe unity ofall nation- a: alities in our country and abide by the constitution and the Chatrmaln Teng Hsiao-p'ing delivering the closing ::> law" (Article 56). speech at the 11th National Congress of the Communist Party of Article 18 ofthe n-ew constitution is quite open about sup­ China, Fall 1978. pressing all who dissent and all who oppose the socialist 1955, at the Sixth Plenum of the Seventh Central Commit­ state: tee, Mao himself made the connection between Marxism The State safeguards the socialist system, suppresses all treason­ and murder: able and counterrevolutionary activities, punishes all traitors and counterrevolutionaries, and punishes all new-born bourgeois ele­ In this matter [past purges and the final extinction ofcapitalism] ments and other bad elements. T~e State deprives of political we have no conscience! Marxism is rough, it has little conscience. It rights, as prescribed by law, those landlords, rich peasants and re­ wants to extirpate imperialism, feudalism, capitalism and small actionary capitalists who have not yet been reformed, and at the producers. In this matter it is good to have little conscience. We same time provides them the opportunity to earn a living so that have some comrades who are too gentle, not severe, in other they may be reformed through·labor and become law abiding citi­ words, they are not very Marxist. zens supporting themselves by their own labor. It is extremely difficult to estimate the number of people Ironically, the criticism the official Chinese press made of who have been imprisoned, executed, or otherwise victim­ the 1977 Soviet constitution applies equally well to their ized in the People's Republic of China. The original unpub­ own: "The text of the Constitution proclaims rights and lished version ofMao's speech "On the Correct Handling of freedoms ofevery kind for citizens; but it immediately adds: Contradictions Among the People'~ delivered on the 17th of 'Citizens cannot use their rights and freedoms if this would February 1957, gives a figure of 800,000 executions up to infringe the interests ofSocialism or ofthe State; words serv- 1954. Edgar Snow's Red Star Today, the Other Side of the ing to oppress the many exploited people who resist the new River, states that 10 million people, "unrehabilitated class Tsars" (quoted in China News Analysis March 24, 1978). enemies;' were not permitted to vote in the 1954 National The 1978 constitution adds that new-born bourgeois ele­ People's Congress elections. ments will also be the target of systematic repression. This Since the 1949 revolution, the following events have new category ofclass enemy will permit the Chinese state to taken a huge toll in lives and in loss of freedom for the "reform'~ imprison or execute even larger numbers of peo­ Chinese people: (1) 1949-1952: The elimination ofcounter­ pie. The new class enemy is defined as anyone who resists revolutionaries, the land reform program, the "Three the socialist revolution, endangers socialist construction, Antis" and "Five Antis" campaigns, resulting in a total of seriously damages socialist common·property, embezzles five million executions; (2) the 1957 Anti-Rightest Cam­ society's wealth or commits criminal acts. paign: figures given by the Minister for Public Security for The court system offers no protection to the individual June to October of that year alone indicate that 100,000 either, since "laws have to be administered according to the counterrevolutionaries and bad elements were "unmasked policies ofthe State, and it is the Communist Party which is and dealt with;' as the Chinese so charmingly put it; at one the most capable ofdeciding such policies in the interest of point seven million were investigated by the police and sev­ all the People" (Communist official Wu TeFeng, "On the eral million were sent into the countryside for "re­ Preservation of the Socialist Legal System'; January 1958). 30 education"; (3) 1966-1969: The Cultural Revolution: in The courts are empowered to impose penalties such as

THE LIBERTARIAN REVIEW "supervised work" or work "under supervIsion of the of the proletariat and to restore capitalism. masses" where offenders remain in society; "rehabilitation What is inspiring about this is that in spite ofthe dangers through labor" where offenders are sent to special camps; of protest, men and women in China like He Chunshu are "control" which is similar to "supervision" but is applied to opposing the Communist regime by distributing literature, unreformed elements who are guilty of administrative organizing protest groups, fleeing to Hong Kong, organiz­ crimes rather than criminal offenses; imprisonment by ing political parties and even forming revolutionary armies. "reform through labor" in a special labor camp; life impris­ As Amnesty International writes, "another group was ac­ onment in a camp; death penalty suspended for two years cused ... of having procured arms and forced people by during which time the offender is imprisoned and must armed threat to supply it with provisions:' It seems impossi-

The fifth People's Congress ofChina, convened one month before adoption of the new Chinese constitution, which legitimates the ruthless suppression ofall who dissent. show reform before the sentence is suspended completely; ble to stifle the craving for liberty, even in such an authori­ and immediate execution. tarian state as China. Amnesty International gives some examples of people executed for political offenses. In March 1977 the High Peo­ ple's Court ofShanghai sentenced 26 criminals to death, two Libertarian wall posters of whom were political offenders. One hampered criticism ofthe Gang ofFour; the other opposed the policy ofsending. A similar craving animates the amazing wall poster "Con­ youths into the country after graduation from high school. cerning Socialist Democracy and the Legal System" by Li In May 1977, in Shenyang province, a 24 year old man was I-che. The final draft was completed on November 7,1974, executed for having formed his own political party, having and was pasted up on a wall over 100 yards long. The tuned into an enemy radio station, and having attempted to authors-Li Cheng-tien, Chen I-yang and HuangHsi-che­ reach the Soviet border. In September 1977 in Yunnan pro­ were former Red Guards who opposed privilege, the new vince, 23 people were executed for distributing counter­ class, ritualized and empty politics, prison camps, torture revolutionary literature and for forming counterrevolution­ and massacres, and even the decline ofthe rule oflaw. They ary groups. In February 1978 He Chunshu was executed in advocated a return to the rule of law, the observance of Cantonfor printing and distributing a counterrevolutionary human and democratic rights and a move toward an eco­ leaflet. The court said: nomic system in which the workers should keep more ofthe After he became a teacher in 1956, he maintained a reactionary product of their labor. The new class arose, they argued, attitude, deeply hated our party and socialist system. In 1963, he because started secretly writing a large number of counterrevolutionary some leaders have expanded this necessary preferential treatment articles. After the Great Proletarian Cultural Revolution started, granted by the party and the people into political and economic the criminal He frantically engaged in counterrevolutionary sabo­ special privileges, and then extended them boundlessly to their tage activities; he wrote and stencilled a counterrevolutionary families and clansmen, relatives and friends ... [and] to maintain leaflet ofmore than 200,000 words containing counterrevolution­ their vested privileges and obtain more preferential treatment, ary articles; using the names of 7 counterrevolutionaryorganiza­ [they] attack the upright revolutionary comrades who insist on tions, he mailed it to soviet revisionists, American imperialists, principles, suppress the masses who rise to oppose their special reactionary Hong Kong newspapers, to some foreign consulates privileges, and illegally deprive these comrades and masses of their and embassies in China, to institutions and press organizations in political rights and economic interests. our country. ... [In it] he viciously attacked our great leader and teacher ... the political campaigns launched by our party, he at­ The people, they wrote, "demand democracy; they tacked the Proletarian Culture Revolution, the dictatorship of the demand a socialist legal system; and they demand the revo­ proletariat; he greatly praised social imperialism, spread his coun­ lutionary rights and the human rights which protect the terrevolutionary ideas, foolishly tried to overthrow the dictatorship masses ofthe people:' The authors predicted "a mass move- 31

JANUARY 1979 Chinese wall posters are becoming more and more explicitly libertarian. Early in January, Time m~l2a.zmle rc~p()'rte:d published in Shanghai was quoting "liberally from the American Declaration ofIndependence, COl1CllUdJlnJt 32 abuses people's rights, the people have the right to abolish the government and create a new one:"

THE LIBERTARIAN REVIEW ment to thoroughly destroy the Lin Piao. system [the name Ruo-wang describes a prisoner whose they gave to the oppressive Chinese government] [which] feet were in fetters, an iron hara foot long, ringed at both ends to will come in the not tooremote future [and] will restore and pass around the ankles. Bolts held the rings fast; two chains rose develop all the spirits of the first Great Proletarian Cultural from the middle ofthe bar to the wrists, which themselves were Revolution:' Of special interest to libertarians is the poster joined by a~other.chain. In all, the outfit weighed 32 pounds. The writers' belief that "power is the most corruptive agent.of prisoner was obligedto carry the vertical chain from his feet looped men;' and that "state power is the power to suppress:' several times, since it was long enough to drag on the floor and that was forbidden (Prisoner ojMao). The result of this opposition to the communist State was arrest, imprisonmentand execution. In the spring of1975 Li Prisoners who refuse to "reform" themselves are subject­ was sentenced to "work under supervision" in a mine. in ed to a "struggle session': Bao describes this as a "peculiarly North Kwangtung. In early 1977 the sentence had been Chinese invention, combining intimidation, humiliation changed to life imprisonment. Simon Leys has recently writ­ and sheer exhaustion. Briefly described, it is an intellectual ten that an unconfirmed report states that Li was subse­ gang beating of one man by many, sometimes even thou­ quently executed for his "crimes" ("Human Rights in sands, in which the victim has no defense, even the truth?' China': Quadrant, November 1978). The rules which govern a prisoner's life are printed on a little The limited freedom of expression that exists in China card and attached to the wall of each cell. They were de­ (Article 45: "to speak out freely, air views freely, hold great signed to prevent any strong relationships developing be­ debates and write big character posters") is valid only as tween prisoners. As long as prisoners distrust each other long as one agrees with the party line. Article 560fthe new they cannot organize against the prison authorities. A com­ constitution renders the entire concept of "constitutional munist cadre admitted to Bao that "the one thing commu­ rights" meaningless, since, "the citizens must give their sup­ nists feared most was, human sentiment between individ­ port to the leadership ofthe Chinese Communist Party': But uals. It wasthe one thing they could never entirely control, occasionally the ruling elite finds it expedient to relax the and it could make for dangerously conflicting loyalties:' controls on expression in order to flush out opponents-just One of the most intriguing aspects of Prisoner ofMao is as the Shah of Iran does. In an officially sanctioned book the way in which the prisoners, like the Negro slaves in the Questions and Answers on the Constitution of the People'; South, adapt their behavior to suit the authorities. While re­ Republic of China, it is explicitly stated that freedom· of taining their personalities virtually intact behind a submis­ speech is necessary "in order to unmask counterrevolution­ sive front, they sabotage the "socialist revolution" by gold­ aries ... to expose alien class elements and degenerate bricking and ridiculing authority. Yet, eventually the system elements." proves too strong and the prisoners' resolve, their individ­ Imprisonment or execution awaits those who have the uality, begins to weaken under the constant watching, star­ courage to oppose the Chinese State, and China is well pro­ vation and moral pressure of their fellow prisoners. They visioned to deal with them. Very few details are available, begin to love their oppressors, to feel "gratitude" to the state but one Western source believes that there were 297 Chinese for its generosity in trying to reform them, worthless as they places of detention in 1958. These included detention cen­ know they are. Bao describes one prisoner who was released ters, corrective centers for juvenile offenders, corrective after many years but who begged to be readmitted because labor camps, and prisons in factories and workshops. In the his family refused to have him back. His record of "crimes northeast of China, prisoners have been sent out to create against the state" made it impossible for him to get any em­ farms and factories out ofthe wilderness. Between 1954 and ployment or even to live with his family in his native town. 1972, 60 to 70 percent of all state farms in that region were The state had destroyed his life outside ofthe prison system. penal institutions. In Heilongjiang province a complex of To what extent the recent liberalization of Chinese life labor camps was created between 1953 and 1955, one of will affect the Chinese Gulag is yet to be determined. Itis my which,Xingkaihu, held 40,000 prisoners. Prisoners were beliefthat a fundamental change in the totalitarian nature of forced to work in the harshest of conditions. The average the Chinese state will have to occur before the Gulag is temperature in this camp between November and March is dismantled and the dissidents are released. In an economy minus 40 degrees Centigrade, and prisoners only stopped stifled by controls and having to support millions of para­ work if the wind was "too strong': Other camps are in west sites-party cadres, bureaucrats and the military-slave Heilongjiang province (the Zhalaiteqi camp holding 40,000 labor is very valuable and the prison system provides a prisoners), Inner Mongolia, the Uighur Autonomous cheap source of docile labor. It is still dangerous for the Region of Xinjiang, Tibet (Lakes Nagtsang and Pongong, Chinese ruling class to risk exposing itself to extensive criti­ Lhokha, Lhasa) andnumerous camps around and in Peking. cism, so the Gulag will remain until such time as the elite The treatment of prisoners varies from prison to prison thinks itselfsafe oruntil the Chinese people rise up and over­ and appears to be quite arbitrary, depending more on the throw their masters in another, perhaps this time liber­ whim of the individual prison officials than on any estab­ tarian, revolution. Before they will be able to do this, the lished legal procedure. For example, a prisoner may be Chinese (and for that matter the entire human race) will punished have to overcome their habitual obedience to authority. In thewords of Li I-che: at any time for minor "misconduct": reduction offood rations for a short period; temporary loss ofthe right to receive visits, parcels or The feudal rule which continued for more than 2,000 years has correspondence; loss of small privileges (pocket money, shopping); left its ideology deeply rooted. A destructive blow has not been being forbidden temporarily to read newspapers or books or par­ dealt to it in either the period of old democracy nor in the period of ticipate in cultural activities; subjection to either criticism meetings new democracy. The bad habits of autocracy and despotism are followed by oral or written self-criticism or in more serious cases, to deeply imbued in the minds ofthe masses, even in those ofthe Com­ a "struggle" meeting" (Amnesty Report). munists in general (Concerning Socialist Legality). 0 Chains and fetters are still commonly used to restrain David Hart, of the history department of Macquarie University in prisoners. One prisoner claims that he was forced to wear Sydney, Australia, wrote this essay during a recent extended vaca­ heavy fetters for five years between 1951 and 1956. Bao tion in the United States. 33

JANUARY 1979 .•. .--.~

MADNESS AS APOSTHUMOUS DIAGNOSIS

Guyana, the Reverend Jim Jones repeatedly claimed that he THOMAS S. SZASZ was Jesus. He also repeatedly threatened to kill himself­ and to take his followers with him in a mass suicide-ifpeo­ ple didn't do as he told them. Many knew that Jim Jones Until recently, people knew a madman made such a claim about himself and uttered such a threat when they saw one. Or they thought they against others. Many who knew this were intelligent and in­ did. They also knew what to do with a fluential persons~ some ofthem physicians and lawyers. But not one of them said that Jones was mad or suggested that madman: they put him behind bars, usual­ he ought to be committed to a mental hospital. ly for life. Now, for the first time in modern Why didn't anyone "discover" that Jones was "mentally history, there is some reason to believe that ill" before he died, especially since that "diagnosis" seems now so obvious to everyone? Because he had powerful poli­ the long night of the psychiatric Dark Ages tical friends? That cannot explain it. Secretary of Defense is coming to an end. James Forrestal had much more powerful political friends and sought only his own death, whereas the Rev. Jones Although neither psychiatrists nor lay­ sought the death ofhis family and followers as well. Never­ men could ever satisfactorily define sanity, theless, Forrestal was captured, confined, and psychiatri­ they all knew that if a person claims to be cally destroyed, but Jones was not. Did Jim Jones escape psychiatric diagnosis and detention Jesus, then he is mad-insane, psychotic, because he made a good impression on people? That cannot schizophrenic, whatever. But crazy, for explain it either. Marilyn Monroe made a much better im­ sure. Similarly, although no one could pression, but was made to suffer the indignity of involun­ tary mental hospitalization nevertheless. clearly define the criteria for commitment The answer, I. think, is simple. The American people­ to an insane asylum, everyone knew that if and, most importantly, journalists and judges and politi­ cians-have opened their eyes and ears and are beginning to a person announces that he is going to kill look at and listen to madmen as well as mad-doctors. When himself, then he ought to be locked up-to Jones declared that he was Jesus, people interpreted this to protect him from himself, to cure his psy­ mean that he wanted to be like Him, that he wanted to be admired like he is, and so forth. This view of madness is chosis or schizophrenia or whatever. Ern­ both a cause and a consequence of a dramatic shift in the est Hemingway, for example, was locked public perception of madness and the public policy toward up and given electric shock treatments it (each affecting the other). Until recently, when madmen asserted certain (possibly) against his will for precisely such reasons. metaphorical claims, their assertions were invariably inter­ 34 For several years before the carnage in preted literally. If the "patient" said he was Jesus, then

THE LIBERTARIAN REVIEW everyone insisted " '. ,t'y, if we crazy. It was of no "~hepower plained, in word an 6P,born more that he wanted love, fa , Omatic of a psy­ ual "goods" that many era ,,]/born-again Chris­ and that was that. "reted. But the anal­ Now the tables are turned. ; is~ns have been (mis)in- don't know, we cannot possibly , .ust such < . , "'e years ago, after one ofmy that claim literally or figuratively (or 0'" sin whictt;,I,/made this point, a colleague came the public, journalists, politicians-acted as " old me this story. As a supervising psychiatrist asserting a metaphorical claim; ergo, he was not craz . 'ental hospital, he was asked to review a recent more Jones escalated his claims, the more "charismatic' The patient was a middle-aged woman who had (confident)-and the less "crazy" (deluded)-.,.he appeare f intense anxiety. In the admission record she Indeed, even in his pen\;lltimate performance, one could n "delusional" and was diagnosed "psychot­ distinguish the literal from the metaphorical, the real fro tient said nothing to the consultant that he the fake, from what Jones said. The truth about Jon < usional;' he turned to the admitting psychia­ became known only after the bodies were counted. The Sa recent immigrant from Eastern Europe, for the chorus called him crazy. ion. "She kept saying she had butterflies in her "Why;' asks Patrick J. Buchanan uncomprehendingly, eplied the doctor, who might have been a poet in "wasn't the Secret Service alerted to keep Mrs. Carter miles: , ngue but was deaf to the music of a metaphoric away from a certifiable madman like the Rev. Jim Jones?" uttering in an English-speaking stomach. What Buchanan does not understand, perhaps does not' world's a stage;' observed Shakespeare. He is want to understand, is that whether a person is considered;; ;:;etry, politics, and psychiatry all come down to mad depends not on what he does but on how we interpret" ge-to the ancient truth which we forget at our own what he does. For a number of reasons (among which the" ~ . ;"~amely, that it is by controlling words that we control changing attitude toward madness is probably only one),! '~n. :iLet us rejoice at the prospect of a world freed of its Jones's self-definition as Jesus was regarded as a symbol of psychiatric blinders. Perhaps the time is now near when his "humanitarianism"-rather than as a symptom of his madness will be a purely posthumous diagnosis. That day megalomania; similarly, his rituals of mass suicide were will be a new dawn for liberty. D viewed as the thunderings ofan angry prophet-ratherthan as the blackmailings of a blood-thirsty terrorist. Thomas S. Szasz is professor ofpsychiatry at the State University of President and Mrs. Carter say that they are "born-again" New York's Upstate Medical Center in Syracuse, and a contri­ Christians. We interpret that claim metaphorically-and buting editor of Inquiry. He has long been a leader in' the fight either approve it or ignore it. But what if we gave that against involuntary mental hospitalization. His many books message a literal reading? We might then expect each of include The Myth of Mental Illness, The Theology of Medicine, them to produce two birth certificates to substantiate their Schizophrenia, and, most recently, The Myth ofPsychotherapy. 35

JANUARY 1979 stage, it's all we got?' This woman, like a growing number of others, seems to MILTON MUELLER sense that affirmative action is a phony issue. But for most, it is different. Somehow, affirmative action has come to rep­ It's a windy day, and the young black wo­ resent our nation's commitment to economic advancement man holds onto her leaflets tightly. As she for minorities. If this perception of affirmative action can passes them out, they rattle in the wind so survive the current onslaught of reverse discrimination cases, such as the Kaiser Aluminum lawsuit recently accept­ strongly that ~he big, black headline is ed by the Supreme Court, then the ruling elite will have barely legible: "Smash Racism; Reverse the ostentatiously put a band-aid over a gaping wound-and gotten away with it. Bakke Decision." The headline is bold, the It is ironic that affirmative action has come to symbolize rhetoric strident. But an earnest conversa­ the economic aspirations of minorities. The income of tion with her reveals a strange ambivalence blacks relative to whites actually reached its highest level before affirmative action programs existed, and has re­ about affirmative action. mained steady since. Even moresignificantly, those vaunted "Racial quotas aren't really the main economic gains made by blacks are actually confined to one very distinct group: the educated, middle class minority. For issue;' she says. "It's the attack on minor­ the rest of the black population-the teenagers, the un­ ities, and economic progress, that we're skilled and older workers, the families mired in the coils of concerned about. Minorities have been ex­ the welfare system-the situation may well be worse now than it was during the civil rights movement. Unemploy­ cluded for so long-it's time to assure them ment among teenage blacks was 23 percent in 1964----today, a chance." it is stuck at a staggering 45 percent. During the same 15 "Do you think;' she is asked,"affirmative years, the percentage of non-whites in the labor force has steadily shrunk, even though their proportion of the popu­ action holds the key to economic advance­ lation has grown. This decline is most noticeable in the case ment for minorities?" of black men age 45 to 54; those out ofthe labor force have "Oh, no." She rolls her eyes upward as if increased nine percent. But it is also true of younger blacks age 25 to 34; those in that bracket nowoutofthe labor force the answer is self-evident. have increased 6 percent. The bald fact is, fewer blacks are "Do you think affirmative action pro­ working than ever, and the decline for blacks is greater than that experienced by whites. grams have helped minorities much since Affirmative action has not changed this. It has only they've been in existence?" snatched up the cream of the crop-the blacks and minori­ She.shrugs. "Some. Not much." ties from the best home backgrounds and higher-income families-and assured them a place in the system. Indeed, "What about the backlash created by the intense competition for qualified minority applicants quotas-wasn't it inevitable that excluded among universities often has the perverse effect of putting whites like Bakke or Weber would blame top-notch black students, whose test scores place them in the top 25% ofall American college students, in an academ­ minorities for their exclusion? Why should ic environment in which they are surrounded by students they have to pay for discrimination they from the top 1 percent. As one black critic ofpreferential ad­ missions put it,"thousands ofminority students who would had nothing to do with?" normally qualify for good, non-prestigious colleges where "Look;' she answers, "reverse discrimi­ they could succeed, are instead enrolled in famous institu­ nation cases are being used to attack the tions where they fail?' Other than that, the only accomplishment of affirmative few advances minorities have made. Affir­ action is its pitting of blacks against whites, men against 36 mative action is no big deal-but at this women, and minorities against the majority in a bitter and

THE LIBERTARIAN REVIEW ugly scramble for a piece of an artificially small pie. tified medical schools onthe basis of standards written and The obvious injustice of racial quotas has made it pos­ lobbied for by the AMA. sible for the majorityto overlook the very real and pressing The purpose of this government intervention, it must be issue of the economic advancement of minorities. At the stressed, was not to improve medical care but to reduce the same time, many minority group members have been co­ supply of doctors. Fewer doctors entering the market opted by the new tokenism of affirmative action, while the guarantees higher incomes for established physicians, economic issues at the heart of the problem have faded into whereas a free market would let in a constant stream of the background. competitors who might (horrors!) charge less to attract What is the real issue behind Bakke, the Kaiser Alumi­ business. num suit, and affirmative action? Stephanie Cleverdon, writing in the December 1977 issue of The Progressive, in­ dicated an answer: "The only accomplishment of Allan Bakke, son ofa mailman and ateacher, will not easily let go ofhis dream ofbeing a doctor. Neither will the minority candidates affirmative action is the pitting who have been excluded from professional schools for so long. But neither he nor they nor most ofthe impassioned advocates have fo­ of blacks against whites, men cused on the central fact that there just are not enough places to go around. The 26,000 applications rejected, out of 40,000 sub­ against women, and minorities mitted, attest to that.... No matter what the court decides, the solution will not address the underlying question-not just "Who against the majority?' gets in?" but "Why isn't there room for more?" Why isn't there room for more? What is the reason for a system in which blacks can rise only at the expense of The AMA's monopolistic goals were accomplished with whites, a system in which minorities can be assured a place grim efficiency over a period of fifty years. By 1938, the only by arbitrarily and unjustly excluding a Bakke or a number ofdoctors entering the market was no longer deter­ DeFunis or a Weber? The answers to these questions go to mined by the laws of supply and demand, but by the stan­ the heart of the way our economy now functions. dards set by theAMA and enforced by the state. In 1904, for example, there were 160 medical schools in the U.S., nearly all of them private. That same year, the AMA decided that The medical monopoly fully 79 ofthem were "unacceptable" and many were forced to close. In 1915 there were only 95 medical schools, and to­ It is no accident that the first pitched battle over affirmative day, after a continuous tightening ofgovernment standards, action occurred over admission to a medical school. The only 76 medical schools remain. Moreover, since 1915, en­ medical profession is an especially glaring illustration ofthe rollments in these schools· have been held to an artificially kind of state-regulated, government-controlled economy low level. we live in. The fact is, the State, acting at the behest of the And the unconscious racism of this kind of government medical profession, has deliberately restricted the amount restriction of the market was clearly reflected in the effect of medical education available-at the same time that doc­ on black medical schools. In 1910, there were seven black tors are needed everywhere. There were more medical medical schools. One year later, after tougher standards schools in 1900 than there are now. Why? were enforced, only two black medical schools were left. To understand the irrational scarcity prevailing in medi­ The stage for the Bakke case had been set. The AMA had cine-and therefore the Bakke case-we have to go back to realized its goal of a highly controlled, scarce medical 1847, the year the American Medical Association (AMA) market. The number ofdoctors trained was severely limited was founded. by law; thousands who wanted to become doctors (and One hundred thirty years ago, medicine was pretty much were needed as doctors) could not be accomodated. To a free market business like any other. No license was neces­ weed out the applicants, artificial standards such as sary to practice, although you could be sued for fraud or academic scores and written tests were used. These stan­ malpractice ifyou didn't know your business. Diverse, com­ dards acted to exclude minorities, who were fully capable of peting forms of medicine flourished, and. many private competing in the market-but not in the arbitrary world of medical schools were formed. The AMA was created by so­ test scores and I.Q. ratings. called "regular" doctors to transform this free-wheeling Thus we are led to the question posed by Cleverdon: market. Their aim was to reduce the number of doctors Did Allan Bakke deserve to get into medical school more than the available, eliminate competition from "unofficial" forms of sixteen minority students who were admitted instead of him? Any­ medicine (like naturopathy and acupuncture, and, in later one familiar with admissions procedures at a school with twenty or years, osteopathy and chiropractic), and thus increase their thirty applicants for every place knows it is impossible to answer profits and control ofthe market. (The "regular" doctors of such a question. Many of the applicants were qualified to become excellent doctors; indeed, in a nation as short ofphysicians as ours, 1850, by the way, relied on a bizarre assortment oftherapies it is criminal to turn away so many eager, competent such as bloodletting, blistering, and the administration of applicants. mineral poisons-techniques the average citizen viewed with a healthy skepticism and mistrust.) In a free market with unrestricted entry, what matters is To limit competition, the AMA relied on that old friend of performance: the ability to attract and satisfy customers. In monopolists, Uncle Sam. ·The first weapons were govern­ a government cartel, on the other hand, artificial standards ment licensing and certification laws. Anyone practicing are the name of the game: I.Q. tests, grade point averages, medicine had to have a license-and to qualify for a license, and all the other classifying and sorting devices of a bureau­ a potential doctor had to get a degree from a certified cratic "society of status:' Whether intentionally or not, this medical school. And, needless to say, the government cer- reliance on non-market standards inevitably protects the 37 JANUARY 1979 advantage of established groups at the expense of new­ vantage of established workers to the exclusion of new­ comers like minorities or immigrants. comers. An employer on a free market tends not to· care about seniority, but about productivity. But a union­ demanded seniority system substitutes union power for pro­ The kaiser case ductivity as the basis of promotion. Unions are concerned about protectingthe status ofthose who already have jobs, The same kind ofregulation and control ofthe market that not about opening up opportunities for those who don't. excluded minorities from medical school can also be seen in Likewise, an employer might be more than eager to hire dis­ the recent Kaiser Aluminum affirmative action clash. In criminated-against blacks because they are likely to work 1974 Kaiser Aluminum and Chemical Corp. negotiated a for less paythan whites. A union-demanded minimum wage contract with the United Steelworkers Union establishing undercuts the chance for minorities to work for less-thus an affirmative action program giving minorities half of all eliminating their competition with vicious effectiveness. In positions in a nationwide training program for skilled craft 1948, there was less teenage unemployment among blacks jobs. Given the realities of NLRB regulations and Equal than among whites. Every increase in the minimum wage Employment Opportunity Commission lawsuits under the rate since then has been accompanied by an increase in the Civil Rights Act, it is naive for libertarians to refer to the black teenage unemployment rate relative to whites. In program, as they sometimes do, as a "voluntary" one. In this South Africa, the white racist unions don't make any bones economy, very few labor practices are voluntary anymore­ about their intentions-they push for minimum wages and which is precisely the cause of the problem. "equal pay for equal work" laws in order to exclude skilled It is more instructive, therefore, to look at the economic blacks who are willing to work for less. underpinnings of the issue rather than. at the question of In the same vein, when professional associations or whether Kaiser has the right to discriminate in·favor of unions require applicants for jobs to possess a degree or di-

"The bald fact is, fewer blacks are working than ever, and the decline for blacks is greater than for whites-despite affirmative action;' minorities in their training program. Why did Kaiser find it ploma, or to pass a written test or civil service exam, they necessary to set rigid quotas to attract enough minorities in­ screen out minorities, immigrants, and other newcomers in to their program? Why is it so hard to get minorities into favor of wealthier, more educated applicants. The black skilled positions? UCLA economist Thomas Sowell has explored this phe­ The answer is suggested by the L.A. Times coverage of nomenon in his landmark book, Race and Economics. In the case. Weber, a white worker at the Gramercy, Louisiana the past, when markets and firms were less controlled and Kaiser aluminum plant, applied for a position in the pro­ structured, Sowell points out, practically everyone was gram and was turned down. Weber claims, according to the "employable:' "Those who were more productive earned Times, "he would have qualified if applicants had been more, those who were less productive earned less; those selected on the basis of seniority" (emphasis added). judged promotable could be promoted and those judged un­ Seniority in promotions, it turns out, is one of the many promotable could be left where they were-but still work­ hiring regulations unions fought for-and won-earlier in ing;' However, now that jobs are standardized by formal en­ this century. Like the AMA standards discussed before, such try requirements, promotion regulations, union rules, and 38 regulations were often designed to protect the economic ad- standardized pay, it is not worth it for an employer to hire

THE LIBERTARIAN REVIEW any but the most productive employees. As Sowell putsit, regulations. The attempt of affirmative action to gloss this The net effect of all this is that, where a poor 19th century over is failing. The white majority won't accept it, and worker without skills or experience could find a job to support minorities are growing increasingly impatient for change. himself, and could later rise or at least see his children rise, his twen­ There is an approach that can reconcile both Allan Bakke tieth century counterpart with similar background must im­ and his minority competitors. The aim ofminorities seeking mediately be worth high wages and show promotions prospects or economic progress should not be the futile one of racial face a serious risk of having no steady job at all. quotas-butthe revolutionary one ofwiping outthe cartels, Thus is the door to economic advancement taken by nine­ teenth century immigrants slammed shut to contemporary minorities and poor people. Placed in this context, it is easy to see why there are so few minorities entering the skilled labor market. It becomes clear why Kaiser and the United Steelworkers found it nec­ essary to form a special program to recruit and train minor­ ities. It becomes clear why medical schools have to set aside quotas for minorities. And it suddenly becomes comprehen­ sible why the economic progress of blacks has been largely confined to those from well-educated or higher-income families, leaving behind obscenely high teenage unemploy­ ment rates and fewer blacks of all ages participating in the labor force.

The last straw?

Affirmative action is the last gasp of a crumbling economic system. The network of cartels, controls and quotas that have been piled up for decades-which ineluctably act to exclude poor minorities-is now forced by political realities to add one more quota. Affirmative action is not a battle over a unique, special privilege demanded by minorities; rather, it is a battle between different andconflicting kinds of economic privilege. The AMA has its "quota"-one that has excluded women and minorities for years. Labor unions, too, have their "quotas"-seniority, minimum wages, featherbedding, and other practices-which like­ wise have excluded minorities for years. Nowminorities are demanding their own quota-and the interventionist econ­ omy is reaping what it has sown. If the quota is fully imple­ mented, of course, it will be Allan Bakke and Brian Weber who will pay-not the real culprits. But this final quota, added to all the others, may well be the straw that breaks the camel's back. The white majority is not going to stand back and let itself be excluded. For every reverse discrimination suit that gains national promi­ nence there are several more settled in the lower courts­ which usually rule against blatant reverse discrimination. And each such success only heightens the contradictions of the economic system. Half the legal system is exerting strong pressure for affirmative action, while the other halfis "It is instructive to look at the reasons Kaiser Aluminum it making it illegal. necessary to set rigid quotas-now under challenge in the U.S. From the perspective ofthe establishment, affirmative ac­ Supreme Court-to attract enough minorities:' tion is the best of all possible worlds. It co-opts the minor­ government regulations, and other economic roadblocks ities' burning desire for economic progress while artfully thatlimit theirentryinto the economicarena. Agovernment­ evading the causes of their exclusion. In a world where controlled economy is a static economy-the people on the cartels, regulations, exams, minimum wages, degrees and bottom stay there. If the energies, of a free, unrestricted diplomas continually block advancement, affirmative ac­ economy are released, if the roadblocks are blown away, tion is an attempt to preserve the status quo by slapping then minorities-and the rest of society-can advance. another regulation on top ofit all. It assumes, in effect, that The black woman passing out anti-Bakke leaflets will all minorities need is another government program andtheir not, it is to be hoped, continue to think ofAllan Bakke as the needs will be taken care of. "enemy:' For if the economic issues were understood, both But if special exceptions and special laws are necessary to she and Bakke could unite as enemies of the state. D bulldoze minorities into the. system, then something is clear­ ly wrong with the system. If the regulations that burden the Milton Mueller is executive director of Students for a Libertarian economy are so intrinsically racist that quotas are the only Society. His regular column, "The Movement'; will resume next way to get minorities in, then something is wrong with the month. 39

JANUARY 1979 "Yountean fnt notthe onlyone 0 · tway?"

A few years ago, many liber­ 200 Libertarian Party candidates will tarians thought that they were the reach thousands more /thidden" liber­ only people who IIthought that way." tariansin an estimated 35 states. Now they know that there are thou-­ Sure, we're still pretty small. sands of libertarians-the visible The Republicans and Democrats edge of a growing movement. haven't folded up and gone home. There is no better indicator of But no one ever said it would be that growth than the Libertarian easy to combine consistent principles Party. We're bigger, better organized, with political action. and better equipped to face real-world Principled political action. It challenges than ever before. In 1978­ keeps growing, and it's worth sup­ a non-Presidential election year-over porting. Join us in our growth.

be.~ I YES! I want to join the Libertarian Party in the membership category I've checked low. Enclosed is my check or money order for the indicated amount. '- . I D. Basic ($10) D Patron ($100) D Benefactor ($1000) D Sustaining ($20) D Associate ($250) D Student ($5) I D I would like to make a contribution in the following amount: $ _ I Contributions up to $100 ($200 for joint returns) are tax deductible. 111 hereby certify that I do not believe in or advocate the initiation of force as a means I of achieving political or social goals." 1Signature ~ _

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1516 P Street, N.W. Washington, D.C. 20005 (202) 232-2003 It is responsible for the too would be alleviated bya trauma and heartbreak free and open "baby mar­ which attend adoption in the ket:' Even now, at a zero United States today. price, a certain number of If the argument is difficult adoptable infants become to endorse, the reason may available each day. Imagine BOOKS lie in our emotions-our how many more might be­ feeling, perhaps, thatmoney come available if they could and babies don'tmix. Consi­ legally be sold at a substan­ ANDTHE der, then, what would hap­ tial price. Women who pen if a zero price control would not enter the market were imposed on another as suppliers at a zero price commodity, one which does might enter an open market. not engage any of our deep Furthermore, if the price emotions. Take apples, for rose high enough, some ARTS example. What would hap­ women might become pro­ pen if a zero price control fessional breeders. All in all, On"baby her Baby Selling. Although were imposed on them? Ob­ the supply of babies would given to whatmight be called viously the incentive to bring tend to increase as the mar­ selling" the "Soap Opera-Modern" apples to market would be ket value of babies in­ style of writing, Baker does eroded. Farmers, forbidden creased. succeed in portraying the to charge for their product In brief, then, the market WALTER BLOCK pathos of the prospective on the legal market, would place has a built-in mecha­ parents for whom no infant sell them elsewhere-or not nism for resolving dissatis­ Baby Selling, by is available; the dilemma of at all. And no one would faction. It would work for Nancy C. Baker. the pregnant woman who think the ensuing shortages babies just as well as itworks has agreed to give her baby ~ of apples mysterious. No for apples-if we allowed it Vanguard Press 206 up for adoption but changes onewouldbe surprisedatthe to. But we don't. Instead, we pp.~ $8.95 her mind after birth;thepain long lists of unsatisfied cus­ seem to lose sight of basic and suffering of those who, tomers waiting for the few economic principles when THERE IS PER­ because of a shortage of in­ apples that were available. we start thinking about haps no arena ofhu­ fants, are unable to adopt; Or at the "unscrupulous" adoption. "Babies are not manendeavorwhich the abuses attendant upon black market sellers who commodities;' people say. the "profiteering" and shod­ would violate the price con­ They are humanbeings,who combines as much dy practices of the middle­ trol law and sell apples at have rights that must be pain and delight as man,or"babyseller". But her high prices in the dead of respected. They mustn't be that of child adop­ understanding of the causes night. Few people would thought of or dealt with as of the problems is deficient, blame the disturbance on though they were apples! tion. People's hopes and her policy recommenda­ greed, or profiteering. It Infants and apples are and dreams, their tions are the opposite of would be clear to all that the completely dissimilar with what is needed. On the cause was the law itself. So it respect to political and quest for some mea­ whole, therefore, her bookis is with babies, and with moral values. But they are sure of immortality, more of a hindrance than a "black market" adoptions. not dissimilar from an eco­ their feeling~ ofinad­ help to those who would We can-and should-go nomic point of view. Both alleviate the suffering she even further. Ifthere were no are subjecttothelawsofsup­ equacy, are all in­ documpnts. government interven­ ply and demand. volved in the deci­ Why, in fact, is there a tion-no price controls-in Still, th~ notion of "sell­ sion to adopt a baby. shortage ofinfants available the "baby market;' prices ing" a baby is disturbing. It for adoption? Why is there a there would have the same sounds wrong. Itsounds like Howtragic itis then, "baby black market"? Why coordinating function they some form ofslavery. Baker, that this process are such shady characters in­ have in othermarkets. If, for in fact, makes the compari­ should be burdened volved in these transactions? example, the supply of son time and time again. And why is there a pattern of babies exceeded the de­ "More than 100 years after with an extraneous, all-cash-no-receipts-given in mand, prices would tend to the abolition of slavery in artificial, and baby "deals"? fall .. As prices fell, the num­ this country;' she says in one The answer is simple. ber of potential buyers place, "its about time we unnecessary element Governmental restrictions, would, of course, rise. stopped allowing children to ofdanger and heart­ prohibitions and price con­ Where would the process be bought and sold" (imply­ break. trols have created the prob­ lead? Toward the point ing that the latter is not al­ lems which plagueadoption. where the number of babies together different from the The problems Specifically, thelawdecrees a offered for adoption equalled former). which plague adop­ zero price control: no pay­ the number that prospective But it seems clear that the tion are given elo­ ment from adoptive parent parents wished to adopt. language is whatdisturbs us, to biological parent is al­ What if-as is the case to­ not the facts. Baker's objec­ quent treatment by lowed. And this intervention day-the demand for babies tion only reflects the confu- Nancy C. Baker in is attheheartoftheproblem. exceeded the supply? This sion that the words create. 41 JANUARY 1979 For surely, allowing a price for clients, and the fees these "woman nurses", "test tube galized, more· professionals to be paid for the privilege of clients have to pay would babies", "contraception", and fewer amateurs would adopting an infant is not fall. In addition, the preg­ "abortion", and "the germ be .. involved. Unfit donors equivalent to. enslaving that nant woman herself would theory of disease" -all of would··quicklybe weeded infant! The child adopted as benefit. For brokers would which were extremely dis­ out; and since the industry a result of a payment would have to compete for her pa­ turbing, not to say "absurd" would be under public scru­ be legally indistinguishable tronage too. And she would when first introduced. No tiny, at least initially, we from one adopted with 'no undoubtedly usethe services one looks askance at a horse might even expect a chari­ fee attached. It is simply not of the one who paid her the which serves the function of table policy toward preg­ true, as Baker would have it, most. stud or brood mare. ·And nant .women who changed that if adoption payments As it stands however, the given enough time, people their minds after signing were legalized, infants so in­ illegal baby broker earns his woulcl become accustomed contracts. volvedwouldbecomeslaves. fee. For without him, the to seeing human beings in We have argued that prof­ Aside from the implica­ parties to the adoption these roles. The impropriety iteering, "breeding for pay", tion about'slavery, Baker's would not even be able to which nowattachesto"baby and requiring the fulfillment case againstbabysellingcon­ find each other. Thus, in the production" flows from its ofcontracts are not in them­ sists ofa list ofabuses which absence ofa free market, it is illegality-not from any­ selves illegitimate. There come about, she says, be­ foolish totalkabout"cutting thing intrinsic to baby pro­ are, however, a series'of causethepracticeis notsuffi­ out the middleman;' or even duction itself. abuses in the present baby­ ciently proscribed by law. In trying to reduce his fee. Baker also has some curi­ selling market which are fact, the abuses she cites are Without him there would be ous notions about "duress" fully as bad as .Baker says real. But they are due not to no transaction at all. and "coercion?' In her view, they are. These include not the absence of prohibition­ At one point, Baker tries it is coercive to demand re­ carefully checking or actu­ ary law. Rather, they are due to imagine what would hap­ payment of expense money ally lying about the qualifi­ to its presence. Profiteering, pen if "baby selling" were from a pregnantmotherwho cations of prospective for example, is something legal. To her, the results refuses to go through with a parents, concealing disease that vexes Baker to no end. would be nothing short of contracted adoption. Given in the baby's background, She bewails "pregnancy for horrible. Apastmasterofthe thepsychologicallyconfused allowing the babyto fall into profit" and "made-to-order" aphorism and verbal taunt, andtroubledtimes ofthelast the hands of child abusers babies. who net the middle­ she castigates unprohibited months ofpregnancy, Baker and alcoholics, threatening man $40,000 to $50,000 adoptions with appellations says, a woman's decision to violence against mothers andmore. Though her argu­ such as "studservice", "piece give up her baby is necessar­ who refuse to give up their ment is far from clear, she of merchandise", "breeding ily "made under duress". babies for adoption, reneg­ seems to champion the old animal", and "baby farm", Surely this is verbal overkill. ing on the deal by the adop­ ecclesiastical doctrine of a and raises the spectre ofarti­ Contractsvoluntarilyunder­ ters, and conflicts ofinterest "just price:' Thus, presum­ ficial insemination as an taken, even by people who on the part of the lawyer­ ably basing her calculations everyday occurence. are "young", "confused", middlemen, who represent on the costs the middleman It is time to call a halt to "depressed" or "guilt­ all three parties to the trans­ must undergo, she suggests such scaretactics. Notbyde­ ridden" cannot, for those action-the mother,the $500, or perhaps $750, asa nying the facts, but by hon­ reasons, be unilaterally set adoptive parents, and the proper, "legitimate" and estly accepting them, and re­ aside, without recompense baby. But.though they are "honest" fee. nouncing instead whatever to the disappointed party. If evil, these and other abuses But the "fair price" doc­ outmoded puritanical in­ a general rule were made'of are also not intrinsic to the trine has long been outmod­ stincts stand in the way of this dictum, it would spell baby-selling industry. They ed-and Baker acknowl­ such acceptance. Ifbabysell­ the end of commerce as we are present whenever and edges this, atleast implicitly. ing becomes legal, perhaps know it for these people. wherever the government Thecostofwritingherbook, an industry dedicated to the In any case, what Baker prohibits or restricts the sale for example, bears no rela­ "production" (if we can use describes is not the result of ofthat which citizens greatly tionship to the financial re­ that word) ofhuman infants anything intrinsic to the desire, whether it be mari­ wards she is likely toreap ifit for adoption will arise. And baby market, but rather of juana, alcohol, taxi medal­ sells well. Just so, the cash if it does, perhaps it will be misbegotten government lions-orbabies. Theresults outlay of the adoption mid- modeled on the only analo­ rules. Forthedonorsintheil­ are always the same: short­ . dlemanbearsnorelationship gous industry in existence: legal adoptionmarketare al­ ages develop, profit margins to the financial rewards he the breeding ofbarnyard an­ most all "amateurs", with all rise, andentreprenuers enter reaps-ifhe does well. True, imals. If so,· then "studs", the innocence, instability, the field who do not mind his profits are huge. But that "brood mares", "covering and ignorance implied .by takingthe riskofpossible jail is not because he is greedy fees" and all the rest will that word. Since the whole sentences. These business­ (most of us are greedy), but come to have their equiva­ enterprise is illegal, con­ men, whetherthey are called because what he does is ille­ 1ents in the market for hu­ tracts must be made infor­ "pushers" or "bootleggers" gal, and punishable by fines mans. But this is nota reduc­ mally: through a doctor, a or just "the underworld", and jail sentences. If it were tio adabsurdum ofthewhole nurse, a lawyer, the "lady have many things in com­ legal, the situation would be idea. For it is not absurd at down the street", etc. Thus mon: experience with-and entirely different. For one all. The public will become those who might be bestfit­ inclinations toward-force, thing, more people would accustomed to it, just as it ted to take part cannot, for fraud, extortion, murder, enter the field. They would has become accustomed to the most part, be reached. mayhem andevil. Theirvery 42 compete·with one another "horseless carriages", Were adoptions for payle- presence gives a bad reputa-

THE LIBERTARIAN REVIEW tion to any industries they night operators. Cash-only all participants lose out. this does not contradict the are associated with. In fact, dealsinemptyparkinglotsin Baby selling, she claims, is premise that all people al­ people tend to confuse the the dead of night will give nota victimless crime; onthe ways expect to gain from two and to assume that the way to more traditional­ contrary, everyone involved their trades at the time that industry is, in itself~ im­ and more responsible-bus­ in it is a victim. Says Baker: they make them. IfIgive you moral, though there are iness procedures. While "Everybody involved in a my bicycle in return for your countless examples to the fraud, violence, conceal­ black market adoption-the radio, I must value your contrary. The best example, ment and lies cannot be ex­ natural parents, the adop­ radio more than my bicycle; ofcourse, is alcohol. Whenit pected to disappear entirely, tive parents, and,mostofall, and you, if you have vol­ was prohibited by law, itwas they will be no more preva­ the baby-stands to lose. untarily entered the trade, a "criminal industry" replete lent in baby-selling thanthey Everybody, that is, except must prefer my bicycle to with "stills", bootlegging, are in any other field. There the baby broker, who just your radio. gun-fights and bribery. isnoplace this side ofheaven gets richer and richer?' This point is so well estab­ When the prohibitions were where all such abuses are ab­ Thus Baker dismisses a lished, andso basictoecono­ removed it became once sent, butthere is noreason to basic postulate of econo­ mics, that even Baker her­ again a "normal" industry. expect that the baby-selling mics: thatalltrades (in theex self, in an entirely different Four Roses does not, nowa­ industry will fall short ofthe ante sense of expectations) connection, quotes someone days, raid, burn and loot the levels of business propriety are viewed as mutuallybene­ in its support. In Chapter premises of Johnny Walker currently in operation else­ ficial by the partiesinvolved. Five, which asks: "Why or Schenly. where. Ifthey were not, one or both doesn't somebody do some­ No less can be expected of Finally, and most impor­ partieswouldrefuse toparti­ thing about the sleazy prac­ baby-selling. If and when it tant of all, there is Baker's cipate. True, in the ex post tice of baby selling for pro­ becomes legal, established claim ~hat baby selling is sui sense, one orboth maycome fit?" Bakerpoints tothediffi­ firms will supplant fIy-by- gener~s, and that in this area to regret their decision; but culties of mobilizing wit-

! I

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43

JANUARY 1979 nesses againstthebabyseller. estimation, the agreement for anything, and if goods ment and one which at first She cites Donald Score, chief will leave herbetteroff. Ifshe are distributed in some way glance may seem difficult to of the Operations Support did not think so, she would invariant to income will the rebut. Canwe showthatfree Unit for the California State notenterinto it. Ifshe is con­ poor be in the same position market operation will result Department ofHealth, who sidered a victim, then so as everyone else. But of in better protection for the states: "The natural mother musteveryotherpersonwho course, that "position" baby than governmentally is happy and doesn't want to makes a trade in impecuni­ would be a terrible one. For regulated operations? It talkaboutthe experience be­ ous or otherwise troubled without the price system, the seems that we can. For the cause she·doesn't want to be circumstances. And if baby­ economy, and society itself, regulated adoption agencies exposed':'as having had an il­ selling is declared illegal on would grind to a halt. Most leave much to be desired. legitimate child. The adop­ this ground, then consisten­ people on earth, the poorin­ Baker herself tells us that tive parents ate happy be­ cy demands that all "poor", cluded, owe their very lives "The courts, too often, see cause they now have a child "unsophisticated", or "trou­ to its existence. And it alone, their function in any kind of andit's apparentlythe quick­ bled" people be prohibited by providing the incentive to independent adoption as est way-or the only way­ from making any commer­ create a haby-producing in­ merely rubber-stamping ap­ they could get a child. And cial arrangement for them­ dustry, can end the "baby plications. Therewasalmost Qbviouslytheconduit (baby­ selves. Such is the reductio shortage", which is at the never any close scrutiny of seller) who makes money on ad absurdum ofholding the heart ofthe problem. parents, attorney, or child:' the transaction is not about natural mother as a victim. The courts, and the police She even cites one "Califor­ tdftaJk because he could get What about the adoptive too, are sometimes seen as nia case where the judge ap­ himself in terrible trouble:' parents then? Are they "vic­ victims ofblackmarketbaby proved an adoption after the Thisis hardly apictureofop­ timized" by the transaction? selling. Forwhen a greatdeal social worker had supplied pressiop,op all sides. Never­ Desperatefor a child, unable ofmoneyis madebydisobey­ him with proofthattheadop­ theless, Baker plunges ahead to get one because they fall ing a law, partofit is likely to tive parents had physically with descriptions of the afoul of the establishment be funneled towardtheexec­ abused the infant' (emphasis "victims". adoption agency's rules con­ utive and judiciary branches added). And although Baker titingNewYork City Dis­ cerning age, income, reli­ ofgovernment, thuscorrup­ spends the last·30 pages of trict AttorneyJoseph Morel­ gion, or anyone ofa host of ting them. This happened her book informing readers 10, Baker points first to the otherrequirements, and, be­ commonly during alcohol about legitimate adoption natural mother. Usually an cause birth control pills have prohibiton and it occurs to­ agencies (presumably so that impoverished, unsophistica­ virtually dried up the supply day in the illicit drugmarket. the evil black market might t~d teen-aged girl, she is said of babies, the clients of the So far, there is little evidence be avoided), she quotes one tOQe "taken advantage of", baby-seller positively trea­ ofit in the baby-selling mar­ agency source as follows: and· "victimized:' sure the infant. Nothing else ket. But it is certainly a pos­ I visited agencies where case rec­ WeJ:l1ay sympathize with can be deduced from their sibility. And if it occurred, ords of children were kept in the young woman's plight. willingness to pay up to the government would be cardboard boxes in the hall­ $50,000-and in some harmed. But would it be a ways, and there were records on But when she is said to be "children" twenty-five and "victimized;'· we must ask: cases, even more-for the victim? No. To turn the old privilege of adoption. It is adage around: in this case twenty-six years old who were How? And by whom? Her married and raising families of plight may be the fault ofthe only perverse logic of the the government would be more sinning than sinned their own, butwhomthe system errantfather ofthe child, her most extreme kind that can still listed as kids. The situation own parents, her lack·of a consider such people "vic­ against. For it is the creator is tragic in that we cannot esti­ of the "black market?' of the malignant legislation "moral" upbringing, or any tims" mate how many children need "Benefi~iaries, which is responsible for the number ofother factors. But who have permanent homes for adoption problem in the first place. surely thehaby seller andthe seen their most fervent wish because of the lack of adminis­ Finally, let's turn to the in­ trative and recording systems adoptive parents cannot be come true;' would be much more accurate. fantitself. Says Baker:"Black within the agency which will held responsible; since when keep track ofthese children. the girl approaches them she What about adoptive par­ market adoptions [are] trans­ is already in a state of mis­ ents who have been placed actions in which money, not So much·for the opera­ fortune! on agency waiting lists but the child's welfare, is the tions. What about the rules will not receive a baby be­ paramountfactor?' "Theori­ themselves, which· are sup­ No. In order to make an cause it was taken up by the ginal selection of the adop­ posed to safeguard the in­ accurate assessment, we black market? Baker sees tive parents is not being fant's welfare? There are a must take the natural this as a particular crime made either by the natural whole host ofthem-racial, mother's unenviable plight against the poor, because, in mother or by an agency but ethnic, religious, medical, as a given. Then we must the words ofMorello, "This by somebody who wants to and others, imposed by the ask: will she be made better racket says, 'Here is the eco­ know only the color of the "responsible" statist adop­ offor worse offby voluntar­ nomic breakpoint. If you adoptive parent's money?' In tion agencies. But almost ily entering into an agree­ have more than that, we can contrast, while the state's everyone who studies them ment to give her baby up for start dealing, but if you representation of the "three calls them "arbitrary" and adoption in return for, say, don't, good-bye, we don't days old i~f~nt's" rights are "unfair': They do little to room and board for the last want to talk to you"'. "[imperfect] mechanisms'; weed out unfit parents.

few months of her preg­ > But onthisinterpretation, the baby atleast "deserves to Rather, they seem designed nancy,plus a few hundred the very price system itself is have those mechanisms in­ to satisfy the personal likes dollars? As we have seen, in a "plot" against the poor. voked and applied:' and dislikes of various bu­ 44 the natural mother's own Only ifno prices are charged This is an importantargu- reaucrats.

THE LIBERTARIAN REVIEW Market agencies need do over such areas, in his No State shall make or enforce little to improve upon this Taking the view, and for the Court to any law which shall abridge the sorry record. But improve constitution interfere with legislative privileges or immunities ofciti­ upon it they undoubtedly acts is a usurpation of zens of the United States; nor would. For they would be seriously power. shall any State deprive any per­ dependentonvoluntarycon­ Berger puts his basic the­ son oflife, liberty, or property, tributions from satisfied withoutdueprocessoflaw;nor sis as follows: deny to any person within its clients. Theycouldbe forced JOAN KENNEDY Substitution by the Court ofits jurisdiction the equal protec­ intobankruptcyiftheyfailed TAYLOR ownvalue choices for thoseem­ tion ofthe laws. to act in accordance with the bodied in the Constitution vio­ preferences andwishesofthe What makes these words Government by Judiciary: lates the basic principle of general public. Forexample, so important in the history The Transformation of the government by consent of the ifafree marketagencyplaced governed. We must therefore of the Constitution is that Fourteenth Amendment, reject, I submit, Charles Evans they comprise the first sec­ infants with child beaters, it by Raoul Berger. Harvard would soon go out of busi­ Hughes'sdictumthat"theCon­ tion of the federal docu­ University Press, 483 pp. stitution is what the Supreme ment that purports to set ness-a fate which judges $15.00 and public agencies need not Court says it is." No power to any restraint on the actions revise the Constitution under of state governments-the fear. Public outrage and re­ RAOUL BERGER IS A the guise of "interpretation" vulsion can erode the valu­ Harvard-based expert on first ten amendments (the was conferred on the Court ... Bill of Rights) having been able brand-name capital of American constitutional I assert therighttolookatthe adopted as limitations only the former; it is impotent in law who became a celebri­ Constitution itself, stripped of on federal power. The fifth the latter case. In addition, ty when he wrote books on judicial incrustations, as the in­ once adoption became a Executive Privilege (1973) dexofconstitutionallawandto section of the Fourteenth Amendment gives Con­ "free enterprise" endeavor, and Impeachment (1974) affirm that the Supreme Court gress the power to enforce Nader-type groups would which contained exactly has no authority to substitute the Amendment by appro­ almost certainly be formed the scholarly constitutional an "unwritten Constitution" for thewritten Constitutionthe priate legislation. The to serve as watchdogs. And positions on those subjects Founders gave us and the peo­ questions that Government since profit-oriented firms that anti-Nixon liberals ple ratified. by Judiciary sets out to are dependent upon good­ wanted to hear. Now, in answer are: What re­ will and public acceptance, Government by Judiciary, This view is generally straints were intended? and the watchdog groups would he has caught many of his called one of "strict con­ Was the Supreme Court have a great deal of power former admirers off-base­ struction," and is often also intended to enforce over them-much more what are they (and we) to held by people whose con­ these restraints? than they will ever have do with a book which at­ servative social philosophy over courts and social work tacks as unconstitutional Dr. Berger despises. "My To find the answer to agencies. most of what he calls the friends inquire," he writes, these questions, Dr. Berger Such is the case for the "libertarian" (meaning civil "whether I am not troubled gives us a heavily anno­ legalization of baby selling. libertarian) decisions under to find myself in such com­ tated analysis of the de­ It is a goodcase, and a strong the Fourteenth Amend­ pany." Those who admired bates in the 39th Congress one. But perhaps libertar­ ment that have given the Warren Court because over the texts of the Four­ ians will wish to hold back. American society many of they agreed with the results teenth Amendment and of They may think that it's too the freedoms it has today? of its decisions, he warns, the Civil Rights Act of radical, toofar out;theymay Even among conserva­ are now being penalized 1866, passed earlier in the fear that an endorsement tives' is there anyone out for their lack of constitu­ same session. This was an would retard the popularity there who wishes to return tional principle. "Already act passed to protect cer­ of the movement with non­ to the states the power to there are anguished out­ tain rights of the newly libertarians. They can take mandate segregation, ban cries that the Berger Court freed slaves from Black heart, then, from the stirring the sale or use of con­ is 'acting against the law.' Codes passed by southern example set before them by traceptives' exclude blacks But the name ofthe game is states, and it is generally none other than Phyllis from political primaries, or 'Two Can Play'; once the agreed that one of the main Schlafly, hardly an outspok­ regulate the press? Dr. legitimacy of judicial poli­ purposes of the Fourteenth en extreme libertarian, who Berger is himself a liberal, cymaking is recognized, Amendment was to make lastyear, insupportofthede­ but he claims that the de­ new appointees may prop­ sure the Act was constitu­ criminalization of baby sel­ cisions that ended such erly carry out the policies tionally valid. ling, said: "What's so wrong practices are open to the which they were appointed Berger finds evidence for about that? If I hadn't been charge that the Court "has to effectuate." the thesis that power over blessed with babies of my encroached on the sover­ The section of the Con­ segregation was intended own, I wouldhave been hap­ eignty reserved to the stitution which Dr. Berger to be reserved to the states py to have paidthousands of States by the Tenth looks at in this book is the (contrary to the Warren dollars for a baby:' Amendment" ,and that the Fourteenth Amendment, Court decision in 1954 in Where the conservative end does not justify the primarily Section one, Brown v. Board of Educa­ Schlafly goes, can libertar­ means. It is the state legis­ which reads: tion, which desegregated ians fear to tread? latures, either singly or All persons born or naturalized public schools) as was Walter Block, who teaches eco­ through the amendment in the United States ... are citi­ power to set voting dis­ nomics at Rutgers, is the author process, that were consti­ zens ofthe United States and of tricts and qualifications for of Defending the Undefendable. tutionally given sole power the State wherein they reside. voting (contrary to the 45

JANUARY 1979 Warren Court decision in terpreted the procedural as a 1965 in Reynolds v. Sims, substantive rule ... which mandated reappor­ ... Few people will regard as tionment of state legisla­ satisfactory the situation that tures). He goes further has emerged. Under so vague an authority the Court was in­ back, to attack the Court's variably led to adjudicate, not practice in the last quarter on .whether a particular law of the nineteenth century wentbeyond the specificpower of interpreting the words conferredonthelegislatures, or "due process oflaw" as giv­ whether legislation infringed ing the Court the power to general principles, written or invalidate state regulation unwritten, which the Constitu­ of business, thus in his tion had been intended to. up­ view totally misinterpret­ hold, but whether the ends for ing the intentions of the which the legislature used its powers were desirable. The Amendment's framers. He problem became one ofwheth­ writes: "The extraordinary er the purposes for which transformation of due powers were exercised were process by the Court has "reasonable" or, in other turned the Fourteenth words, whether the need in the Amendment topsy-turvy. particular instance was great The original design was to enough to justify the use ofcer­ make the "privileges or im­ tain powers, though in other munities" clause the pivot­ instances there might not be al provision in order to justification. The Court was clearly overstepping its proper shield the "fundamental judicial functions and ar­ rights enumerated in the rogating what amounted to Civil Rights Act from the legislative powers. Black Codes." So far, libertarians in­ If anything, time has in­ terested in law may feel tensified .the problem that they agree with Berg­ which Hayek describes, as er. As long ago as 1960, witness for example the re­ when The Constitution of cent Bakke decision of the Liberty was first published, Supreme Court, which F.A. Hayek was telling us rested finally on an not only that the Justices analysis of whether the "at first deprived them­ University of California selves of one weapon had a purpose "substantial which the Fourteenth enough" to justify a racial Amendment might have quota. But Berger would provided [the privileges not agree with Hayek that and immunities clause] ," the cure for the problem is but also that to return to general prin­ the "due process" provision of ciples, "written or unwrit­ the amendment repeats with ten." Rather, his is a explicit reference to state legis­ literalism so pronounced lation what the Fifth Amend­ that he would deny the ment had already provided and Supreme Court the tradi­ several state constitutions sim­ tional power of judicial ilarly stated. In general, the Su­ review, and restrict the preme Court had interpreted the earlier provision according rights protected by the to what was undoubtedly its Fourteenth Amendment to original meaning of "due pro­ those enumerated in the cess for the enforcement of Civil Rights Act of 1866: law." But in the last quarter of "the right to make and en­ the century, when it had, onthe force contracts, to sue, be one hand, become unques­ parties, and give evidence, ~ 0:: tioned doctrine that only the to inherit, purchase, lease, ~ letter ofthe Constitution could I sell, hold and convey real () justify the Court's declaring a C/) and personal property, and u.i law unconstitutional, and :::1 to full and equal benefit of

THE LIBERTARIAN REVIEW "What are we to do with a book which attacks as unconstitutional most of what Berger calls the 'libertarian' decisions that have given American society many of the freedoms it has today?" his opinion have been pro­ Black considered himself to was still generally con­ hold, inherit and convey real tected by federal legisla­ be a strict constructionist, sidered that everyone knew property to guaranteeing him tion, not by Supreme yet .he believed that history what they were. And it is the vote, full and equal accom­ Court action. He con­ showed the Bill of Rights by no means as clear as Dr. modations in inns, public con­ cludes: "In the history of to be intended as absolute Berger suggests whether veyances on land and water, the Fourteenth Amend­ prohibitions on the federal the states were to retain theaters and other places of public accommodation and ment, it may confidently be government which were total control of segregation amusement. It prescribed stated, there is not a glim­ applied by the Fourteenth and suffrage. The Union heavy penalties for persons mering of intention to Amendments to state gov­ had just won a war against who interfered with the authorize judges to enforce ernments. It is this idea, the leading exponents of Negro's exercise of almost rights beyond those enu­ among others, that Dr. states' rights, and the argu­ every conceivable civil right. merated in the Civil Rights Berger intends to refute in ment that the legislation H left untouched, and en­ Act. Far from endowing this book, but to my mind that Congress proceeded to forced, those statutes would the judiciary with a broad the conclusion that the pass in the next few years is have eliminated the necessity, power to enforce 'natural rights intended to be pro­ a good indication of what indeed, the very possibility, of rights' going beyond those tected by the Fourteenth it intended to be the most of the Supreme Court's highly praised (and roundly so enumerated, the courts Amendment were enumer­ "privileges or immunities" condemned) civil rights deci­ were pointedly omitted ated in the Civil Rights Act of citizenship seems at least sions. They were neither left from the Sec. 5 power to of 1866 by a Congress anx­ equally warranted. This untouched nor enforced be­ enforce even the. rights ious to preserve state pre­ contrary conclusion was cause they ran afoul of the Su­ granted by Sec. 1;'(Thislast rogatives does not neces­ argued by Judge Loren preme Court's notions of what sentence refers to a Section sarily follow from the his,­ Miller in his 1966 book, the Constitution permitted the of the Fourteenth Amend­ torical evidence he cites to The Petitioners: The Story legislative and executive bran­ ment which gave to Con­ support it. Many of the of the Supreme Court of ches of the federal government gress "the power to enforce passages he quotes could the United States and the to do by way of protection of by appropriate legislation" equally support the view Negro: civil rights and its own apprais­ al of its supremacy as an inter­ the provisions of the that the "privileges or im­ preter of the Constitution. Amendment.) munities of citizens" were Immediately after the Civil War, Congress demonstrated Not all strict construc­ not enumerated in the what it meant by "appropriate Here is an argument very tionists, it must be pointed Amendment, not because legislation" by enacting a series like Dr. Berger's, one out, agree on how to con­ they had previously been oflawsthatran the gamut from which holds that the Su­ strue constitutional histo­ enumerated in the Civil protecting the Negro's right to preme Court has usurped ry. The late Justice Hugo Rights Act, but because it contract and purchase, lease, power from the legislative 47

JANUARY 1979 branch of government, and impeachment. On the development-whereby Such an argument over­ that we must re-examine other hand, libertarians courts substitute their own looks entirely the signifi­ the intentions of the believe in natural rights view of policy for those of cance of the constitutional framers of the Fourteenth and in what nineteenth­ legislative bodies," as a debates over the Bill of Amendment to discover century abolitionists called "shift from judicial super­ Rights, and the fear that where things went wrong. a "higher law"-which Dr. vision of procedure in the rights would be lost by But Judge Miller's histori­ Berger says is the principle courts to control of enumerating them, which cal analysis leads to a con­ in the name of which the legislative policymaking." led to the adoption of the clusion opposite to Dr. Supreme Court has usually He finds this process Ninth.Amendment. Hayek Berger's, that the decision violated the Constitution. especially disturbing when explains in The Constitu­ in Brown v. Board of He puts an unacceptable it is done by referring to tion ofLiberty the develop­ Education signified a set of alternatives squarely the spirit rather than to the ment which led to the belated return to the inten­ before us-should our letter ofthe Constitution. growth of arguments such tion of the Amendment, government be limited only But it is precisely this as Dr. Berger's: " ... not a departure from it. by the letter of the Con­ attitude-that "the will of [g]radually, as the ideal of Strict construction of the stitution, amended to ex­ the people" is expressed by popular sovereignty grew Constitution is a method, press the will of the people, the legislature-which has in influence, what the op­ and a method which we whatever it may be? Or do led to what the late Bruno ponents of an explicit should adopt. Dr. Berger is we want what has ·been Leoni called "the inflation enumeration of protected right there. But even if it is called a "living Constitu­ of the legislative process in rights had feared hap­ impeccably applied, the re­ tion" which changes with contemporary society." pened: it became accepted sults of the method are not the times and the moral Like the contemporary doctrine that the courts are guaranteed to be libertar­ convictions ofthe members legislators of whom Pro­ not at liberty 'to declare an ian: the Dred Scott deci­ of the Court, and "is what fessor Leoni spoke in his act void because in their sion that found that the the Supreme Court says it book Freedom and the opinion it is opposed to a Negro "has no rights which is"? The first approach Law, Dr. Berger seems "to spirit supposed to pervade the white man is bound to brought us Prohibition and think that legislation is the constitution but not ex­ respect" was, at least in the income tax Amend­ always good in itself." If pressed in words.' The part, a strict-construction ment; the second brought one takes such a view of meaning of the Nintt decision. us school busing. Neither the acts of legislatures, Amendment was forgotten How then should we view seems to protect the then one may indeed come and seems to have re­ evaluate this book? Liber­ individual from the ag­ to the astonishing conclu­ mained forgotten ever tarians want to see govern­ grandisement of govern­ sion, as Dr. Berger does, sInce.. " ment limited, and will mentpower. that invalidating a law Dr. Berger wants to limit therefore be disposed to It is the tendency which because it interferes with what he sees as usurpation welcome the thesis which the Supreme Court has to an unenumerated right of of power, saying, "I cannot suggests not only that the nullify acts of the legisla­ privacy, as the Supreme subscribe to the theory that Supreme Court is (and has ture-that is, the "will of Court did in the contracep­ America needs a savior, been) acting unconstitu­ the people"-which Dr. tive case, Griswold v. Con­ whether in the shape of a tionally, but that the Berger sees as the essence necticut, is an act of usur­ President or of nine-of­ remedy for this is not only of "government by judici­ pation of power-i.e., times only five-Platonic the amendment process but ary." He describes "this tyranny. 'Guardians." But he would preserve the unlimited power of legislatures to do anything that is not strictly Turning AdversityInto and specifically forbidden. To the extent that he would allow such almost BusinessFortunes unlimited power to the will Scarcer and scarcer grows the world's food supply. Greater and ofthe majority, whatever it greater grows the universal demand. Higher and higher climb the may be, and to the extent prices. That dim view has triggered the whirlwind of storage food that he would not recog­ nize a Supreme Court buying that has sped over the nation and around the world! Head­ power to interfere with the lines of unprecedented drought and other severe weather condi­ "right" of the States to tions, inflation and labor strikes are signals of aworsening situa­ violate individual rights, tion. Frontier Food Assn . Wholesale Distributors are building bank libertarians must realize that the view he presents is accounts marketing Frontier's Long Life processed (low moisture) not really one of strict food. Money and time savers. Nutritious and delicious. A gour­ construction-that, as rnet's delight. How you might qualify for a lucrative business is Hayek puts it, "the aim of spelled out in evidential literature. ACT NOW! the Constitution was large­ Request Free Booklet Today!. Dept.LR ly to restrain legislatures." Frontier, P.O. Box 47088, Dallas, TX 75247. Ph. 214-630-6221 Joan Kennedy Taylor is an As­ 48 sociate Editor of LR.

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