Waco: The Truth

September 1995 Vol. 9, No.1 $4.00 Comes Out

"There is no finish line anywhere in the race for liberty. "-LowellMason

o Available Now From Prometheus Books America First!

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Available atfine bookstores, or direct from ~Prometheus Books 59 John Glenn Drive • Alnherst, NY 14228-2197 Order toll free (800) 421-0351 (24 hours) • Fax (716) 691-0137 September 1995 Inside Liberty Volume 9, Number 1

4 Letters Our words come back to haunt us. 7 Reflections Liberty's editors on Bob Dole, Bill Gates, John Major, Hillary Clinton, Franklin Roosevelt, Phil Gramm, O.J. Simpson, and other paragons of leadership, intelligence, and virtue. 13 Waco and Ruby Ridge The rest of the world catches on to what really went down outside Waco and in the wilderness, to the Branch Davidians and the Weaver family. 18 Medianotes Medium cool. Features 22 The Battle of Oak Grove Randal O'Toole recounts his town's struggle against the latest social-engineering fad: "new urbanism." 25 Shameless in Seattle There's a scandal in Seattle. But what's even more scandalous is the public response. R. W. Bradford tells why. 27 Drug laws as Cultural lobotomy The war on drugs is really a war on information. John Dentinger explains. 31 The Myths of Schooling John Taylor Gatto lists nine false assumptions of compulsory schooling - and 21 facts that call the whole enterprise into question. 35 The Balanced Budget Amendment: Myth vs. Fact The Senate killed the balanced budget amendment. But do not mourn its passing, advis­ es Scott J. Reid. It wouldn't have worked anyway, but its next incama­ tionjustmight. 41 Auditing the Income Tax Pierre Lemieux wonders: why is our income tax called "progressive"? 48 Husband Abuse Wendy McElroy uncovers the invisible victims of do­ mestic violence. Reviews 51 Rand: Behind the Self-Mythology Digging through the officially sanctioned collection of Ayn Rand's letters, R. W. Bradford discovers a few treasures - and some strange editorial decisions. 56 Three Cheers for Virtue Lester Hunt defends neo-Victorian morality, but not neo-Victorian legislation. 59 Reconstructing History Clark Stooksbury contrasts some recent revi­ sionist histories from the Right and the Left. 62 Booknotes on the economist as Taoist, the epistemologist as pundit, the historian as bigot, the academic as Harpy, and the recovered­ memory therapist as Fury. 64 Videonotes What to check out from your local rental library. r ..:~ 62 Classified Advertisements On your way out, stop in the gift shop. 66 Index to Volume Eight Our latest escapades. 69 Notes on Contributors The closing credits. 70 Terra Incognita The cannibals live in the next village. September 1995

well as British recognition of the Irish Republic, resulted from the Partition of Ireland Act by the British Parliament in 1921 as a compromise settlement of the 1916 Irish Rebellion. There has never Dammit, John, I'm a Writer, reassuring them, not scaring them. My been a vote of the Irish people on this ~;:uess is that most of the folks on Social Not an Asshole question. Further, contrary to Steele's I have voted Libertarian since 1980, Security -- that is, the numerical majori­ implied assumptions, referendums and am a registered Libertarian, and have ty - have nothing else, or very little elections confined to so-called "North­ been a subscriber to Liberty since its else, to live on. Most went through the ern Ireland" are of no more validity inception. I am also a writer for Star public school system where they than those conducted in any other ger­ Trek: Voyager, as well as Star Trek: The learned to be obedient and not think too rymandered district. Next Generation. Until "Star Trek: The X much (if at all). Why scold them now The Oklahoma City bombing vis-a­ Generation" (May 1995), I was also a for having been duped? The culprit is vis the "troubles" in Ireland is indeed fan ofJohn Bergstrom. the state, not them. instructive to Americans and a frighten­ While I appreciate the humor of Talk of doing away with Social ing portent of our future if participation Bergstrom's Captain Kirk asking Cap­ St~curity terrifies these old people, who, in the normal political process is fore­ tain Janeway to put on a miniskirt, and believe it or not, are not all crochety, closed here, as it has been in occupied Mr. Scott's expressed fear that "the selfish, or stupid. The young mouth off premise is stretched to the breaking in indignation at having to support Ireland. Sinn Fein is analogous to the Libertarian Party in the U.S. in that it point," I don't much care for being thein, not realizing that elderly folks referred to in the next panel as a "pro­ may be thinking, "They don't know represents the efforts of individuals ducer asshole." I assure you that I am how cold old bones can get sleeping sympathetic with the radical ends of some of their fellows to achieve change actually quite a nice fellow, and that I under bridges." (Since I'm over 65 work very hard to include as many myself, I'm an expert on cold bones.) through the political process rather than libertarian ideas in Star Trek as I possi­ Shouldn't libertarians be coming up by violent resistance. bly can. I also believe that one of the with more ideas on how to handle the Unfortunately, these efforts by Ger­ reasons for the enduring success of Star transition from state-managed to pri­ ry Adams and others have been ham­ Trek is that Gene Roddenberry's core vate Social Security? strung by British law (compared with which U.S. ballot access restrictions pale beliefs, as expressed in the show, were Joanna Parker into insignificance) which, for just one largely libertarian. Long Beach Peninsula, Wash. I would really appreciate it if, in the example, until this summer banned future, Bergstrom would instead pick Irish Eyes Aren't Smilin' broadcasting the sound of their voices on SeaQuest. Then I can go back to being Perhaps in the future the editors at even after they have been elected ­ his fan. Liberty can prevail upon David Ramsay leading to the bizarre spectacle of BBC Ronald Wilkerson Steele to write about Mises or Marx or news coverage showing Members of Parliament giving speeches from the Los Angeles, Calif. some other topic with which he has at least some passing acquaintance. His floor of the House of Commons with These Old Bones knowledge of Ireland ("A Tale of Two the audio eliminated and the speaker's In reminding us that "the average Terrorists," July 1995) might possibly words carried in text windows or over­ Social Security recipient" receives more fill a post-it note - presuming he could dubbed with actors' voices. in benefits than he or she put in over a describe in 50 words or less how to Steele, like virtually everyone else, working lifetime, Durk Pearson and locate the country on a globe. bandies about the term "terrorism" Sandy Shaw ("Shine the light of truth," The Brits gained control of Ireland without ever defining it. And the defini­ May 1995) appear to forget that these not by colonization but by military con­ tion is crucial. Governments define ter­ recipients' "contributions" were quesf.From Cromwell's scorched Earth rorism as an act of violence intended to matched penny-for-penny by their policy to Trevelyan's deliberately engi­ achieve a political goal committed with­ employers and taken from both at gun­ neered, genocidal famines, the outrages out the sanction of a government they point over that working lifetime, which the Brit occupying forces against the recognize. People generally define ter­ for most of today's retirees was a period Irish over the last eight centuries are too rorism as an act of violence intended to of 45-50 years. In a genuine pension nUITterous to detail in even 50,000 achieve a political goal which deliber­ plan, these"contributions" would have V\Tords. In fact, the reason for the large ately targets civilians. earned a tidy sum in interest or divi­ Protestant population in the northern Governments are, of course, anxious dends over that many years. Looked at six counties today is a result of the con­ to blur the distinction. By the first defi­ from this standpoint, it isn't so strictly fiscation of Irish lands, which were then nition, the attack on the U.S. Marine true that the average Social Security given to loyalist homesteaders as part of barracks in Lebanon several years ago recipient gets back more than he/ she a Brit pacification effort over three cen­ was an act of terrorism. By the second put in. huies ago. definition, it was not. By the second def­ In other words, the Social Security Steele labors under the misappre­ inition, the carpet bombing of Hanoi fraud was just as unfair to the now­ hension that the existence of Northern was an act of terrorism. By the first defi­ elderly as it is to the now-young. Isn't it Ireland is the result of a decision nition, it was not. By either definition, unfair to resent and rail at current recip­ reached via some Irish democratic pro­ the bombing of Harrod's department ients for a situation that is clearly not cess. Actually, the splitting off of six store in London some years ago was an their fault? It seems to me it's time to be counties into "Northern Ireland," as continued on page 6 4 Liberty is: People you've never met... Who do things that have never been done. Andsay things that have never been said. • Tired ofso-called Romantics whose only trace ofRomanticism is a characterwho says, "Capitalism is good"? • Bored with Libertarian science-fiction epics? • Mystery novels not meaty enough for you? The Qadical Qomantic takes no prisoners in the war against Modernism. Subscribe to the only magazine that fires writers for being too

realistic! 0 r------~-~ I YES! I WANT TO BE A RADICAL ROMANTIC! I I NAME _ I I I I ADDRESS _ I I CITY STATE ZIP _ I I SEND ME: I I 6 ISSUES FOR $20 0 12 ISSUES FOR $30 0 I I I ENCLOSE US FUNDS ONLY IN CHECK OR MONEY ORDER. MAIL TO: ~ IL TIlE RADICAL ROMANTIC: 12226 PACIFIC AVE #1 MAR VISTA CA 90066-4429 THANKYOUI I Volume 9, Number 1 September 1995

Letters, continuedfrom page 4 that it does not even exist! For years the Gorbachev Foundation U.S.A. - based act of terrorism (and it was roundly anything or anyone foreign as well. at the Presidio in San Francisco, Califor­ denounced as such byIrish-Americans, Thus Bradford's plan brilliantly meshes nia - has served an umbrella organiza­ the leadership of the Irish Republican two of the lowest and most common tion for almost all of the major Marxist/ Army, and Sinn Fein through Gerry American prejudices. Environmental groups in America, Adams). This is a scheme that some dema­ including the Environmental Defense The bombing of the Oklahoma City gogue can ride to the White House. Fur­ Fund, Earth Watch, Nature Conservan­ federal building is more problematic. thermore, once elected, vigorous pur­ cy, and many others. It is very natural Though there were numerous civilians suit of the plan is guaranteed to lead to for Mr. O'Toole and leading environ­ - including children in a day care cen­ endless worldwide wars that will rally mentalists to be suspicious of the prop­ ter - killed in the attack, the target was all patriotic Americans, allow for the erty rights movement, since as good lit­ clearly the federal offices (though media suppression of whatever feeble voices tle Marxists they are committed to the accounts might lead one to conclude of dissent remain, and guarantee reelec­ abolition of private property and to the that the target was a day care center tion after reelection. vast expansion of government power that merely happened to be in a federal Bradford may have unleashed a over the rights of the individual. building). This calls up a problem near­ monster. I urge Liberty's staff to make Mr. O'Toole will find more natural ly as old as warfare itself: "innocent sure the CIA, under orders from the Tri­ allies at the EPA or the KGB than he shields." How does one plan a military lateralists and the Bilderbergers, didn't will among libertarians. campaign against an enemy who puts jab a microchip in Bradford's behind J.C. Alsis POW camps or hospitals or day care and dictate the article to him via micro­ West Palm Beach, Fla. centers adjacent to its military/C&C wave hypnobeams. installations? James W. Harris Choosy Readers Now that the IRA's unilateral cease­ Marietta, Ga. Choose Economics fire has opened the door to a negotiated I just finished J. Orlin Grabbe's "The peace, we are all hopeful. As for the Brit Actually, He's the End of Ordinary Money" Guly 1995). It insistence (apparently endorsed by Grand Pooh-Bah was excellent, if long and sometimes Steele) that the Irish both forever for­ Does anyone on the Liberty staff beyond my power to understand. He swear the use of force and surrender all monitor the ravings of R.W. Bradford put his ideas over in such a way that of their weapons, the Irish response will before your magazine goes to press? I even I, a very nontechnical person, got a continue to be precisely what I would realize he's the high priest of the Liber­ lot out of them. hope would be the response of Ameri­ ty Cabal, but he waxes exceedingly stu­ It is hard to believe that the same cans if our government were to make pid when not speaking ex cathedra. person wrote "Feed the Children" (May similar demands: "Pogue mahone/" I refer to Mr. Bradford's latest out­ 1995), to which I objected so strongly in A surprising number of Americans burst ("Be All You Can Be," July 1995) my letter published in the July issue. seem willing and even anxious to over­ about an organization which he obvi­ My sentiment toward Grabbe's story look how and from whom we won our ously has not the slightest inkling has not changed, but my admiration for own independence. They support about. His assertion that the U.S. Army his technical article is profound. Mother England at every opportunity "psychologically prepared" Timothy Bill Williford - witness the reaction here to Argenti­ McVeigh "to kill without remorse" Houston, Tex. would be laughable, were such prattle na's attempt a decade ago to reclaim the Oops ... stolen Malvina Islands. not widely held to be true by the effete I was thrilled to see my letter print­ It cannot be observed too often that intelligentsia. Concomitantly, Mr. Brad­ ed in the July issue, except that some libertarians do not endorse all of the ford's apparent predilection to believe guy named "Rick" got the credit. perversions that they would allow. the Ministry of Truth and condemn Mr. Rycke Brown There can be no better example of this McVeigh without benefit of trial dis­ patience-testing tolerance than Steele's turbs me no end. Kingman, Ariz. Anglophilia. Finally, I can assure Mr. Bradford Tim O'Brien that at least one of his readers has more Allen Park, Mich. than a passing acquaintance with the U.S. Army, is a libertarian, and knows Sitting on the Story the Bradford brand of fertilizer regard­ Letters Bill Bradford's "Solving the National ing military matters comes right off the Debt Crisis" Guly 1995) is one of the stable floor! Policy funniest pieces of satire I've read in a John D. Weaver long time. I fear, however, that it may Udall, Kan. be too clever for its own good. Some thug in Congress will doubtless see it O'Toole of the Kremlin and leap on the idea. (It sounds right up I was astounded by Randal Richard Gephardt's alley, to name one O'Toole's "The Greening of Liberty" thug of many.) It actually has immense (May 1995). Though the red-green polit­ popular appeal. Millions of Americans ical alliance has been widely recognized are always ready to attack those not for more than a dozen years by most paying "their fair share," and they hate Americans, Mr. O'Toole coyly pretends 6 Liberty States of the union - Sen. Bob Dole, the Man friends inhabit, but, alas, our national culture as well. It was Who Used To Be Funny, has taken to carrying around a copy received by her distinguished audience - and reprinted as of the Tenth Amendment, which is a little like Teddy an op-ed piece in the New York Times - with no evident sign Kennedy brandishing the Sixth Commandment. of embarrassment. Poor America. What do you say to some­ Okay, Mr. Decentralist, here's a question for you. In 1984, one - an advocate of "the arts," no less - who puts the fash­ Transportation Secretary Elizabeth Dole championed a meas­ ionable calendar-artist of vagina-like big flowers in the same ure (signed by President Reagan) to coerce the 50 states into category as Mozart? -RR raising their drinking ages to 21. State's rights, shmates rights: America could not survive the anarchic turmoil of hav­ I'm not a real president, I just play one ing "no uniform minimum drinking age," the stylish Mrs. on TV- One of the more amusing anecdotes shared by Dole "wrote" in the Power Couple's as-told-to co­ the Arkansas state troopers who served as Gov. Clinton's autobiography Unlimited Partners. Pray tell, Bob: would bodyguards (and personal servants) was of a fight between President Dole (when taking a break from his taxing duties as the governor and his wife. It seemed Hillary had gotten angry our Movie-Critic-in-Chief) favor the repeal of Secretary when Bill inquired, innocently enough, what court had origi­ Dole's Big Sisterly legacy? -BK nal jurisdiction in a dispute between two states. Since any high school kid who's read the Constitution knows the United we stand - Months into the O.J. Simpson answer, she thought a former professor of law and a graduate trial, America has divided into two camps: those who believe of Yale Law School ought to know too. Simpson is guilty but will be set free, and those who believe Now it appears that Clinton's ignorance of the he is innocent but will be jailed. What unites us is our convic­ Constitution is even broader than anyone had imagined. tion that justice will not prevail. -Jw Apparently, Clinton is under the impression that the presi­ dent, not the Congress, passes laws. In Bill Clinton's ubiqui­ Virgin territory - In the aftermath of the tous television ads for his re-election campaign, the narrator Oklahoma City bombing, America has lost her innocence intones, "Bill Clinton did what no other president has ever once again. Prior to this, we lost our innocence after the Civil done. He passed and Signed tough laws banning assault War, Vietnam, Watergate, the Challenger disaster, the assassi­ weapons ..." nation of John F. Kennedy, the assassination of Martin Luther Remember three things. While at Yale, Clinton was King, the death of Buddy Holly, and the quiz show scandals preoccupied with his political career, as he has always been, of the 1950s. everywhere and at every time. Yale is an equal-opportunity, All this loss of innocence brings a speck of sentiment to affirmative-action institution and it mustbe hard for Eli to find my eye, as I recall my childhood in Montana. In Montana, enough Arkansans to fill its quota. And his law professorship you see, three months of celibacy technically returns a man or was at the University of Arkansas Law School. -RWB woman to virgin status. I'm not sure how this local standard came to be adopted nationally, but I can see why it would Instant hero, just add hype - Captain Scott appeal to our current president. -PF O'Grady, the U.S. Air Force pilot who was shot down a little while back in Bosnia, is everywhere called a "hero." I believe Still life with Clintonism - Hillary Rodham in the precise use of language, because if you use words in a Clinton is honorary chairwoman of the President's sloppy, ill-defined manner, it becomes impossible to know Committee on the Arts and Humanities. In June, she gave a what someone is talking about. My dictionary defines a hero speech at the Metropolitan Museum of Art, in defense of rob­ as "a mythological or legendary figure often of divine descent bing taxpayers to support the arts. Here is her high-toned endowed with great strength or ability; a man admired for retort to those who can discover no constitutional warrant for his achievements and noble qualities." It seems to me that the such subsidies and who want to save the taxpayers a few fighter pilot in question doesn't qualify; he had the good luck bucks: "I find it ironic that those who talk the loudest about to survive his meeting with a missile, and then simply stayed America's loss of civility, character, and values (particularly alive until his rescuers picked him up. He showed compe­ those arising from Western civilization) are often the first to tence, but did no more than what he's been trained and paid recommend obliterating the agencies responsible for promot­ to do. The only reason he's a "hero" is because the govern­ ing the arts programs that make Sophocles, Shakespeare, ment wants to make its adventure in Bosnia popular with Mozart, and O'Keefe available to our children." Poor Georgia Boobus americanus. Making a big deal out of a good-looking, O'Keefe. affable young fighter pilot with the misfortune to be shot Rodham Clinton's remark illuminates not only the dreck­ down impresses me as ridiculous and manipulative. world that she, the clown she lives with, and their trashy The same could be said about the demonization of the Liberty 7 Volume 9, Number 1 September 1995

Serbs, who are now the U.S. government's Devil of the ment for sustainable development.") They also want to Month. The spin here is that the evil Serbs are massacring the finance the U.N. operations through "international levies on gentle Bosnians. If the situation were described as a civil war foreign exchange transactions or arms transactions and between Christian Bosnians and Muslim Bosnians, you can charges on the use of global commons, including sea lanes, bet that Boobus americanus (who is overwhelmingly Christian) international airspace and space travel." And American wouldn't be so anxious to see U.S. soldiers get involved. It money and troops will keep going to places like Somalia and seems the Muslims are the bad guys in every context but this Bosnia. "We want to amend the U.N. charter to authorize one. intervention in internal conflicts to protect the security of peo­ In any event, if there were a civil war here, and a Bosnian ple," Patel tells me. "We also want to form an international fighter were bombing and strafing your neighborhood, what criminal court and to impose taxes on multinational corpora­ would you do? I'd launch an SAM at the plane, which is tions and to transfer wealth from the 'North' to the 'South,' exactly what the Christian Bosnians did, and I'd expect you'd he adds. do the same thing. -DC If I were a paranoid militiaman, I might get the impres­ sion that these people are talking about a world government. Think locally, scam globally - What can a "No! No!" stresses Ramphal. He just wants more "global retired New Delhi bureaucrat or an out-of-work Lagos politi­ diversity." cian do in these difficult post-Cold War times? Perhaps incite Commission sponsor Adele Simmons of the MacArthur the members of their tribe to kill the members of another ­ Foundation suggested I try to think about the "Global that's a very effective way to gain the support of the people Neighborhood" metaphor and what it means, along with and ignite international attention. (Where are you, Christiana some other New Age crap. I did that, and explained to the Amampour?) Or they can try to get everyone mad about the contaminating influences of Western culture, kill a few American tourists and reporters, and establish this or that If I were a paranoid militiaman, I might get fundamentalist regime. Or perhaps join the club of winners. Form a drug cartel, the impression that these people are talking represent an American business, or become a visiting profes­ about a world government. sor at the Kennedy School of Government. A group of ex-cosmo-bureaucrats has found a better way to spend the rest of their lives. I had the pleasure of meeting lady that in my own little neighborhood (Chevy Chase, them in Washington last week. Shridath Ramphal is a chubby Maryland), I receive every Monday a list of all the assaults, and pompous politician from Guyana (yes, that's where those rapes, and car thefts that occurred there over the last week, a nuts committed mass suicide a few years ago) and a former list that suggests to me that my local politicians can't even secretary-general of the Commonwealth. LG. Patel is the for­ provide me with the minimum I expect from them: security. mer governor of the Reserve Bank of India - one of those So perhaps she can understand why I'm in no mood to help Indians who speaks with an upper-class British accent, giving supply troops to secure the Global Neighborhood. If it's not one the impression that everyone in his country is smart and working in Chevy Chase, I don't see why it should work in watches Masterpiece Theatre. Ramphal, Patel, and 28 other par­ Bosnia. And anyway, I don't have the money. asites from several Third World governments, along with a Moreover, when the mayor of D.C. is asking me and other .few social democrats from Scandinavia, have found a few people in my neighborhood to pay a commuter tax so I can American and Japanese suckers to finance what they call The destroy my car driVing over Washington's potholes, I find the Commission on Global Governance, headquartered in idea of paying a commuter tax on space travel - well, not Geneva, aimed at "developing new ways of managing global very timely. relations in the post-Cold War era and establishing new struc­ I proposed to our guests that they go back to Guyana and tures of international cooperation." India and get their own neighborhoods in The quote is from their just-issued report, Liberty's Editors order before asking for my money and blood Our Global Neighborhood. Its cover features a to help them remedy the problems of the photograph of smiling African children, eld­ Reflect world. In the meantime, they could leave the erly Chinese, .and several Arabs in a desert. KRB Kathleen Bradford management of the Global Neighborhood to You know, the kind of people you see in your RWB R.W. Bradford Bill Gates, Rupert Murdoch, MTV, and the neighborhood every day. It's all very cute, DC Douglas Casey rest. And if our friends from Geneva are still very moving. But be cautious: these guys SC Stephen Cox bored, they might try proposing their ideas to want your money. PF Peter Flynn a high-school Model U.N. They're the only Ramphal, Patel, and the rest were visiting LTH Leon T. Hadar ones who might take them seriously. -LTH BK Bill Kauffman Washington to sell me and other "prominent" ML Michael Levine Washingtonians on such great ideas as estab­ LEL Loren E. Lomasky Major league, Bush league ­ lishing a United Nations Economic Security WM Wendy McElroy In early July, John Major, British prime minis­ Council. (Ramphal's pitch: "We need a new RR Ralph Raico ter, survived the challenge to his position as high-level forum for coordinating the policies CS Clark Stooksbury leader of the Conservative Party. The chal­ of international financial institutions and pro­ TWV Timothy Virkkala lengers in the vote of confidence he set up viding a more stable international environ- JW Jesse Walker were mainly "Euroskeptics" - the embattled 8 Liberty Volume 9, Number 1 September 1995

minority among the Tories who are trying to salvage what my carrier of choice for the journey, had posted at the check­ remains of British freedom and independence from the in counter signs announcing that, as of July, all their interna­ European Community bureaucrats in Brussels. tional flights with the exception of those originating or termi­ Major is another George Bush, more or less. More, nating in Japan are smoke-free. This policy was not a coerced because he can speak in whole, correct English sentences. response to legislative bludgeons, nor was it an act of obei­ Less, because - well, for instance, in an interview with the sance to puritanical precepts of political correctness. Rather, Financial Times before the vote, Major was, according to the the airline had calculated that on balance it would better sat­ interviewer, "at his most animated when laying out his vision isfy the preferences of its clientele by banning smoking. Japan of a sporting revolution." Said the Conservative PM: "Later it found to be an exception, so the rule was modified this month we will have the most comprehensive proposals accordingly. for sport in school, sport beyond school, and excellence of Have they hit on the optimal strategy for promoting pas­ sport that this country has seen for half a century. What we senger satisfaction and thereby maximizing revenues? I have are really looking at is increasing people's participation in no idea. But probably Air New Zealand's directors do, and if sport and increasing both the quality and quantum of sport." they have misjudged, the market will alert them to that fact George Bush, time-serving schlemiel that he was, would and they "viB quick to backtrack. This economically­ never have dared advocate state meddling to the point motivated response to the opposed tastes of cigarette smok­ pushed by this leader of the British "conservatives." ers and abstai:rters is more flexible and more friendly than The fact is that the whole political mentality of our allies those mandated politically. People who desire the total and sister"democracies" in western Europe is rotted out with absence of srnoke between L.A. and Sydney get what they statism. Something to keep in mind when it comes to surren­ want by flying P:dT New Zealand. Those who prefer to be dering bits of our own national sovereignty to "international placed during 14·~hour flights at the business end of a cigar- bodies." God bless America. -RR

Grammonomics in one lesson - Speaking at the Heritage Foundation this May, Sen. Phil Gramm com­ mented: "I'd like to turn our prisons into industrial parks. Every year since I've been in Congress, Jesse Helms, my dear friend, has offered an amendment to ban Chinese goods pro­ duced by prison labor. And every year I wonder why we can't make our own prisoners work." And so the Right's favorite major presidential hope­ ful, known far and wide as an advocate of free markets, now holds up Communist labor camps as a model for the U.S. economy. Couple his fondness for forced prison labor with his promises to step up the drug war, impose higher manda­ tory minimum sentences on nonviolent offenders, and pour federal dollars into a war on gangs, and his "free-market" vision becomes clear: lock up half the country in work camps, where they'll toil for whatever wage the government says is adequate. Gramm is not proposing that prisoners work to pay restitution to their victims; most of the inmates he'd send into the fields didn't even have victims. And needless to say, their subsidized low wages will drive down the price of everyone else's labor. A more revolting species of industrial policy can hardly be imagined. Republican double-talk is destroying our language: "free enterprise" turns out to mean corporate subsidy, "welfare reform" turns out to mean government jobs. And now this. This is the interzone where workfare and the drug war co­ mingle and American liberty finally dies. -JW

l'd fall a mile for a Camel- Your roving cor­ respondent writes this month from Down Under, where he is busy sampling the local grog, steering deftly around obsti­ nate kangaroos who believe that because they were here first the roads belong to them, and, yes, ascertaining the prospects of liberty in its southernmost reaches. Stay tuned to these pages for upcoming reports. Even prior to takeoff, though, I learned something that jogged my mind and buoyed my spirits. Air New Zealand,

Liberty 9 Volume 9, Number 1 ette have the option of choosing a different carrier. Between Auckland and Tokyo the balance of preferences evidently is There's still time to sign up for ... different, and the airline modified its delivery of transporta­ tion services accordingly. Nothing dramatic, just voluntari­ ness at work. New Zealand may, agriculturally speaking, be a nation of sheep, but it has something to teach our pontificating pols and evangelizing surgeons general about the virtues of free­ dom. -LEL

Every spud a king - Recently, my friend Paul and I were discussing the bad habits of certain Republican leaders. Among the most disreputable of those habits is the practice of invoking Franklin Delano Roosevelt, the Republican Party's Douglas Casey ancient enemy, as a figure whom all American ought now to venerate. Former president Reagan said fond things about Roosevelt, and Newt Gingrich is currently doing the same, despite the fact that Roosevelt created the social-welfare state that the Republicans supposedly want to dismantle. During our discussion, I mentioned to Paul that Roosevelt, the new idol of small-government Republicans, had gone so far along the road to the omnipotent state as to support a Potato Control Act. Paul exploded. "Control potatoes? You can't control potatoes! Potatoes are R.W. Bradford Jane Shaw uncontrollable! You can do anything with a potato. You can bake it, boil it, fry it, mash it, stuff it. You can cover it with butter, margarine, sour cream, chives, or gravy. You can have French fries, German fries, American fries, home fries. You can make hash-brown potatoes! You can go to a yuppie res­ taurant and order 'new potatoes' or just stay in your living room with a big old bag of potato chips. You can start a meal Robert Higgs with potato soup, move on to potato salad, and climax with potato pancakes. "Potatoes, inserted into glass and propped up on tooth­ picks, are a child's first experience with the science of growth. Harry Browne Potatoes have eyes, about which much can be learned. And that's not all. Any science fair will demonstrate that a potato battery can actually be used to run a clock. And for younger children, there's Mr. Potato Head! He may not literally be a potato; he's some kind of plastic, of course; but his form is an homage to potatoes. "The potato started off in the jungles of Brazil, it ruled as Pierre Lemieux queen in the Andes, and it ended up on fancy tables by the Rue Saint-Honore. The potato is welcome everywhere. No tar­ iffs, quotas, or agricultural-management decrees can arrest its progress. If you can't grow enough other food to keep you alive, potatoes will do the job. Potato culture was one of the Randal O'Toole Sandy Shaw first large-scale efforts of scientific agriculture, and it was its greatest success. Since the eighteenth century, potatoes have supported the immense population of the northern The 1995 Liberty Editors' Conference will hemisphere. be held in Tacoma, Washington, September 1 "The potato: how easy to buy! how delightful to eat! how through September 4, 1995. Conference price simple to smell! Can anyone who trifles with the potato have includes meals, lectures, seminars, and good intentions?" workshops. And every night, a party. Think about this, Mr. Gingrich. -SC Apply today! We'll send you information Bored on the Fourth ofJuly - The Fourth of about hotel accommodations, travel, scheduling, etc. July is my favorite holiday. It is the only one in which I have Only a limited number of readers can attend, so a socially acceptable excuse to blow up firecrackers and make your plans today: you won't want to miss out! 10 Liberty ~~Liberty Ascendant" The 1995 Liberty Editors' Conference

Last year, Liberty's editors and readers met over Labor Day weekend to eat, drink, laugh, and plot the course of freedom. It was such a blast, we're going to do it all over again. And you're invited!

Who will be there? Wendy McElroy, David Friedman, Thomas Szasz, Robert Higgs, Douglas Casey, Pierre Lemieux, John Baden, Bart Kosko, Harry Browne, Jane Shaw, Leon Hadar, Randal O'Toole, Scott Reid, Bill Bradford, Ross Overbeek, Michael Emerling Cloud, Victor Niederhoffer, Durk Pearson and Sandy Shaw ­ and (we hope) you! Join Liberty's editors and contributors for three days of energetic conversation - a meeting of the intellects , like none you've seen before. It'll be like living day inside an issue of Liberty! l plans to · Our trave The Liberty Editors' ake Conference packs more energy, more M Y intellectual firepower, than any other conference around. Sparks will fly. Friendships will begin. New ideas will be born. Space is limited, so make your reservation today! And join Liberty's editors and special guests for a weekendyou'ii neverforget!

• "The best conference I've ever attended." • "Fascinating - and fun!" • "An intellectual adrenalin rush." A special panel examining the thought, impact, • "Simply amazing." and life ofthe most influential libertarian thinker. Call 1-800-854-6991 or send this coupon today! author of The Passion ofAyn Barbara Branden, , I want to attend the Liberty Editors' Conference over Labor Rand, co-author of Who Is Ayn Rand?; intimate of r------,Yes. Day weekend; here is my application. all the Rand Circle members; lecturer and writer. I 0 My check (payable to "Liberty") for $225 is enclosed. I Chris Sciabarra, author ofAyn Rand: Russian 0 Charge my: 0 Mastercard 0 Visa as indicated below. RadicaA researcher ofAyn Rand's education in I I Russia and interpreter ofher philosophy. .. Because of limited space, not all applicants may be accepted. We will notify applicants within two weeks of the status of their application. John Hospers, philosophical intimate ofAyn Rand, distinguished philosopher who introduced Rand's I I thought into the philosophical community. I NAME R.W. Bradford, publisher and editor ofLiberty. ADDRESS I An evening presentation open to all attendees registered for I CITY/STATE/ZIP the full conference: expect lots ofnew information, lots of I argument, and maybe even a few new ideas. CARD # EXPIRES SIGNAlURE PHONE L Libertv_..Conference/p.o._------_Box 1181/Port Townsend, WA 98368 ..• Volume 9, Number 1 September 1995 launch bottle rockets. Alas, the off-the-shelf fireworks of my young, most kids came from fairly large families. Nowadays, youth are no longer easily available; nearly everything you most kids are either "only children" or one of two children get these days would have qualified as a "dud" a generation per family. I remember what we used to say about the par­ ago. Indeed, to properly celebrate Independence Day - and ents of "only children": too protective. Now we are all too American freedom - one has to go to an Indian reservation protective. to get the good stuff. There is an irony here, I suppose. And it is simple economics. It is really a function of the old I remember when it all began to go bad. I remember the principle of diminishing utility: for any stock of goods, the talk of legislation, of prohibition. And I remember the stories value ofeach diminishes as the number of the goods increases. of kids blowing off fingers, hands, burning themselves. These Though it may seem callous to apply this simple explanatory grisly tales were supposed to assuage my sorrow at the gradu­ model to children, it is obvious that parents obey the principle, ally deteriorating quality of explosives and Roman candles. I though few would 'fess up. As Gary Becker, who won a Nobel was not particularly impressed. Ofcourse some rather careless for this kind of thinking, has observed, parents are switching people hurt themselves. But wasn't that the price of freedom? from investment in quantity of children to investment in qual­ I didn't say this in so many words, but I was already leaning ity of children. This switching has many effects. Including towards a different philosophy than that of those who wrote wimpy fireworks at the Fourth ofJuly. -TWV the laws. In the years since, I have witnessed Americans become Microsnitch - Ostensibly to combat software piracy, more and more obsessed with safety. And though I would Beta (test) versions for Microsoft's Windows 95 include a like to blame this on politicians trying to make easy points, module that scans hard disks and reports contents, author­ this level of obsession does seem to be something ordinary ized· or not, back to Microsoft. The program, called people demonstrate, too. Even where there are no laws, eve­ Registration Wizard, snoops on every system hooked up to rywhere I go I see kids· riding around in bicycle helmets! your local network and records what software every machine (This might not seem odd to many of you,·but I remember a is running. A list of Microsoft programs and competitors' time when the mere suggestion of wearing such goofy­ products is then compiled by machine. If customers object, looking helmets would have elicited laughter from just about it's up to them to disable the program. -WM everyone.) Now, I am not saying this concern with safety is wholly Ad vice - The president has announced plans to give idiotic. Perhaps bicycle helmets are a good idea. I won't wear the FDA power over cigarettes. Such a move would involve them, but I will wear a motorcycle helmet. Still, some things the increased regulation (and perhaps the outright abolition) do seem completely bonkers - the recent attempt in my state of print ads and a crackdown on the sale of cigarettes to to ban riding in the backs of pick-up trucks is one. minors. These two goals are not unrelated: is there a more Why, I remember riding atop haybales stacked seven demonized fictional character in the media today than Joe layers above the truck bed as the old family Chevy wheeled Camel? To demonstrate the evil of this humpbacked, sun­ down the highway at 20 miles per hour (I held the top layer glassed, pool-shooting, womanizing cartoon, a Seattle news together). This seems a bit risky, now that I think of it, but I program "uncovered" for viewing parents the "startling" don't see my father or uncles as having encouraged anything number of ten-year-old kids who associate Joe Camel with immoral here. Were something unfortunate to have hap­ cigarettes. (They aired a grand total of three, one of whom pened to me - perhaps a tire go out, throwing the whole was openly prompted to make the connection by the load to the pavement - everyone would have thought it a newswoman.) tragedy, no doubt. But nowadays the adults would be When I was ten years old, there were nearly a dozen brought up on charges. sports figures I could link to beer drinking, courtesy of Miller I suspect that one reason for this safety obsession - aside Lite commericals. I started drinking when I was 15, and got from such factors as the litigation explosion and the growth drunk (forgive me Ma) quite often in high school. I can only of general busybodyism - is .demographic. When I was assume, using President Clinton's apparent logic, that had the government eliminated Miller Lite commercials and ath­ letes, I would have never touched alcohol. Of course, I doubt that Clinton or the FDA is using such logic. They probably don't expect to make much of a dent in teenage smoking, either. But boy, what an easy target for the president, who, amusingly enough, was already running campaign ads before the end of June. And, boy, think of the funds and power this will generate for the FDA! I think I need a beer. And a cigarette. -ML

For Chrysler's sake _. Let's see if I understand this. Japan has opened its markets to u.S. imports, but many Japanese still prefer Japanese products. So American compa­ nies complained to the Clinton administration, and Clinton decided the Japanese ought to be forced to buy American "We've been together over 20 years now." products whether they want to or not- a sort of affirmative 12 Liberty Volume 9, Number 1 September 1995 action for American producers. Then the Japanese govern­ watches. This is the height of stupidity. ment balked at forcing its citizens to buy American, and the At least now my son understands what it means to have Clinton administration slapped a tariff of 100% on Japanese the state watch out for his welfare. "luxury" cars (which to Clinton means any car that costs 25% -Guest reflection by Allyn Uptain over the average price of a new car). It was purely a coincidence that this move would win Clinton votes in Tick, tick, tick - Sixteen months ago, I bet another Michigan, Missouri, and California, all key states to his re­ Liberty editor $50 that Bill Clinton will eventually resign or be election bid. forced from office. I knew it was a sucker bet - a lot of Anxious to save face, the Japanese agreed, sort of. Now the scoundrels have served as president - but I also knew that Clinton administration wants to force the Japanese to buy Clinton is both extraordinarily shifty and not particularly Kodak film. The Republicans respond by claiming that they careful about covering his tracks. could run the trade war better. As we go to press, three days of Senate hearings on Doesn't anyone support free trade? Or remember how the Whitewater and two days of House hearings on Waco have Smoot-Hawley tariff of 1930 helped tum the 1929 recession taken place. While the mass media have focused on spectacu­ into the Great Depression? -RWB lar but irrelevant testimony about the sexual activities of David Koresh, the hearings have already established the fol­ No strikes, you're out - I didn't realize how lowing new information: dedicated my 15-year-old was to earning money until he took On Whitewater, that Vincent Foster was working on the a job umpiring Little League Baseball. Since he had played on Clintons' tax treatment of their Whitewater investments at those fields until he reached the age limit, had seen how par­ the time of his apparent suicide and that White House aides ents act, had seen how umpires get treated, I was surprised interfered with the Park Police investigation by denying when he took the job. But, like most teenagers, he's looking police access to Foster's office, papers, and briefcase, and by for that first car - and knows that its quality will be directly refusing to allow the office to be sealed, thereby allowing related to the amount of money he has. Clinton aides access to the evidence prior to the police. It didn't take long before a concerned citizen turned in our On Waco, that federal agents invented allegations of drug recreation director for violating the child labor laws. In the state manufacture by the Davidians in order to obtain military of Florida, a IS-year-old is notallowed to workpast7:00 p.m. assistance, and that Assistant Secretary of the Treasury Think about this for a minute. My son is older than any Robert Altman warned his boss Lloyd Bentsen of the risk of a other child playing baseball. The players are there until 9:00 or "tragedy" if the Davidians were attacked with gas. 9:30 each night. My son can sit in the bleachers and watch the The clock is ticking on the Clinton presidency. My bet is game. He's just not allowed to earn any money while he looking better and better. -RWB

Boundaries ofdiscussion - Is the lid on Waco this, one is required to give the BATF the benefit of the doubt. finally coming loose? Suddenly, after two years of silence, One may not raise questions about the BATF's motivations mainstream politicians and media (Arlen Specter, the for ordering the raid, as that would be a "conspiracy theory." Washington Post) have begun to criticize the government's (Raising questions about the Davidians' motivations, on the attack on the Branch Davidians. Firm limits on this inquiry other hand, does not constitute a "conspiracy theory.") remain, however, and there is a disturbing possibility that the The media blitz: Going to the Cult Awareness Network for issues that are now off-limits will remain untouched as information about Branch Davidianism is like taking Torah Congress and the press reinvestigate the disaster. lessons from David Duke. Nonetheless, almost all the "cult What are the boundaries of permissible discourse? In experts" interviewed during the standoff came from CAN chronological order: and similar groups. Today, it is still impermissible to discuss The initial attack: It is permissible to ask why the raid was the media's role in demonizing the Davidians and creating necessary - why the BATF did not arrest Koresh while he was the atmosphere of a pogrom. One may criticize the FBI for jogging or visiting town, or serve the warrant in a peaceable not consulting academic experts on minority religions, but manner. It is not permissible to question the warrant itself, not the press. even though the evidence it contains clearly does not justify a The fires: Now that the government has finally produced search, let alone a raid (see R.W. Bradford, "There's No Kill one piece of evidence that suggests that the Davidians may Like Overkill," August 1993). One may rhetorically ask who have started the fires, it has become permissible to discuss fired first, the BATF or the Davidians, because the answer to the question of who lit the blaze. It is still improper, how­ this question will probably never be discovered. Recognizing ever, to bring up any of the considerable evidence that the Liberty 13 Volume 9, Number 1 September 1995 fires were an accidental byproduct of the government's final I remain convinced, as I argued in this magazine less than assault, let alone the circumstantial evidence that the FBI a week after the flames consumed the adults and children, intended the compound to bum down. that the FBI is guilty of killing innocent children even if the Janet Reno's defenders are beginning to construct and Davidians consciously lit the fires themselves. In fact, the case plant a new explanation for the final assault. In this version that the FBI murdered innocent children is strengthened by of events, Reno was a helpless victim; her FBI briefers, who the taped conversations. incorrectly informed her that Koresh was beating babies and The tapes again underscore the questions that have been that CS gas was harmless, are the villains. This story is con­ troubling from the very beginning: if the FBI had good reason ceivably true, but it should ring alarm bells. From My Lai to to believe their assault would result in a fire that would kill Iran-Contra, high-ranking officials have dodged responsibil­ everyone there, including the innocent children, then why ity for wrongdoing by insisting that they were out of the did it go ahead with the assault? Isn't it just as guilty as if it loop. Is Reno really an innocent lass led astray? Or are we had lit the fires itself? being set up for a containment job - for a few low-ranking New evidence is mounting that is making the' case against officials to be thrown to the wolves while the most powerul the FBI ever stronger. In the tapes of negotiations between the criminals walk free and the institutions that make disasters FBI and the Davidians, the subject of annihilation by fire like Waco inevitable persist? comes 'up time and time again. Koresh himself told negotia­ As long as the debate avoids the key issues, justice will tors that he believed that the end would come in fire. The FBI not be served. -JW agents knew that the Davidians had a substantial amount of kerosene inside the compound. They believed the Davidians Verdict on Waco - Two weeks before the congres­ were suicidal. sional hearings on Waco were scheduled to begin, ABC News 50 how did the FBI respond? Did they decide to wait for a got hold of transcripts of hundreds of hours of taped conver­ rainy day to attack? Did they decide to attack with firehoses? sations inside the Branch Davidian compound and between Did they decide to have firefighting equipment standing by? Davidians and government negotiators. The FBI took not one of these reasonable precautions. The headline-grabbing story that came out of this was that Instead of attacking in wet weather, they chose to attack on a the tapes revealed that the Davidians spread fuel around the hot, dry, extremely windy day. Instead of attacking with buildings during the assault. This has been widely bally­ water from fire hoses, they attacked with poisonous gas from hooed as evidence that the Davidians themselves lit the fires that leveled their buildings and killed virtually all of them, thereby putting to rest the charge that the FBI started the fires. Many of the statements by the Davidians The fuel was spread at about 6:00 a.m., a full six hours that they were spreading fuel were clearly before the fire started. If the FBI was listening in and knew intelligible. The FBI had known from the very the fuel had been spread, why didn't they stop the assault? Jeff Jamar of the FBI had an answer: "We didn't hear it at the beginning. time. It took enhancements to hear that." We are supposed to believe this, the same way we are supposed to believe that the ATF video recorder set up to tanks. Instead of having firefighting equipment standing by, record the initial assault - the one the Davidians believed they kept it several miles away. would prove beyond any shadow of a doubt that ATF had Worse still, they chose to attack the building with a type fired first - had somehow malfunctioned, leaving the tape of tear gas that can be explosive if used in enclosed places. blank. But there's one problem with Jamar's claim: at the trial Like buildings. On July 20, NBC News showed a C5 gas can­ of the surviving Davidians in San Antonio, the tapes from ister of the sort used in the final assault on the Davidians. The inside the compound were played without enhancement, camera focused on a closeup of the warning label, whose first sounding exactly as they sounded to the FBI agents listening three words were "May Start Fire." The report, on the health on the day of the attack. While some portions were difficult to dangers of using CS gas on children, highlighted the health understand, many of the statements by Davidians that they warning contained on the label, and the NBC reporter did not were spreading fuel were clearly intelligible. So the FBI must comment on the fire danger. have known from the very beginning. And when the FBI heard the Davidians - people Without stopping for breath, Jamar went on to provide a obsessed with fire, people the FBI believed were likely to second answer: "Our supposition is that they were preparing, commit mass suicide - spreading fuel inside the buildings, there were other comments on the tapes, that they were the agents chose to maintain the attack for hours, ramming spreading fuel on the presumption that we were coming in. the building with tanks, continuing to pump poisonous, They were going to wait for us to come into the compound incendiary gas into a wooden building with kerosene spread and then start the fires." about. By Jamar's own statement, the FBI believed the Davidians Fire was virtually inevitable under these circumstances. were going to use the fuel against the FBI. This can hardly be And it is inconceivable that the FBI didn't know that fire was considered a simple case of mass suicide, or the "murder of inevitable. their own children," as Bill Clinton likes to call what We still don't know how the fire started, whether a happened. Davidian threw a match onto a kerosene-soaked wall or one 14 Liberty Volume 9, Number 1 September 1995 of the CS gas shells exploded, igniting the kerosene or the tin­ Army denied the request on grounds that it violated restric­ der-dry wooden structure itself. We'll never know. tions on military enforcement of civil laws. ATF revised its But we do know who is responsible for starting the fires. request, and on February 16, the Army approved a plan for We know who is responsible for killing the Davidians. We Army Special Forces to provide ATF with communications, know who is responsible for killing 22 innocent children. medical training, and assistance, but fobade soldiers to par­ If the Davidians lit the fires that engulfed the compound, ticipate in the raid itself. they were no more guilty of suicide than were the inmates in Prior to this time, ATF had denied that the Army had Hitler's death camps who threw themselves on the barbed participated in the raid. wire that surrounded them, knowing they would be shot And ATF wasn't through spreading "false information." immediately. The very next day, Steven Higgins, who was in charge of Even if the Davidians had not spread fuel and had no ATF at the time of the operation, was interviewed on CBS inclination toward suicide or self-immolation, it is virtually television by Tom Snyder. What about the charge that the mili­ certain that the FBI's chosen attack tactics would have eventu­ tary was somehow involved? asked Snyder. ally ignited the compound and killed its inhabitants. "I'm a little surprised that this is new news because All this the FBI knew. back as [far] as two years ago almost to this date a con­ There is a lot more at issue here. But the issue of who is gressman accused the ATF of misusing the military by say­ responsible for the fiery deaths of 80 people is settled. -RWB ing that there was some drug lab there and thereby avoiding paying some of the costs of help that was pro­ Why it happened - Here is a quick summary, vided by the military," responded Higgins. "That was based on the first two days of testimony at the Waco hear­ investigated totally by the Treasury Department and found ings, of how the apologists for the Clinton administration, out not to be the case, so I am surprised that somebody the FBI, and ATF explain how the attempt to serve a search says that is new news now ..." warrant resulted in the death of four law enforcement agents Is that the same Treasury Department now headed by and over 80 members of a religious community, including 22 Robert Rubin, the man who is worried that a congressional innocent children: investigation might spread "false information"? -RWB 1. High-level officials did not know what was going on. 2. Middle-level officials made honest tactical mistakes. Justice at Ruby Ridge - After three years of 3. Agents in the field were just following orders (and denial, Congress plans hearings in September to examine were heroic in doing so). -KRB what transpired between federal agents and the household of Randy Weaver at Ruby Ridge, Idaho. This has distressed Minister of disinformation - Hearings on many important people, such as New York Rep. Charles Waco begin in the House of Representatives just as this issue Shumer, who believes that these hearings and the ones relat­ of Liberty goes to press. The White House doesn't like that ing to Waco are pandering to "small fringe groups of para­ very much. Clinton lapdog Albert Hunt of The Wall Street noid people," that is, to people who care about possible Journal has suggested that maybe investigators may turn con­ criminal behavior of federal agents. fidential employment records of ATF agents over to 1/crazy Shumer is terrified that any sunlight shed on the abuses right-Wing hate groups." Loyal Clinton supporters in the of government agencies involved in enforcing firearms laws House are planning to hold "public forums" on the dreaded will dampen public enthusiasm for the gun control measures militias while the Waco hearings are taking place. So far, Al Hunt hasn't fretted about the danger that information "BcK SA"R6tl from these forums will be turned over to 1/crazy left-wing '~EL 'SA1) A&J1Ir hate groups." SMo011,J, l..wlJefN-r Treasury Secretary Robert Rubin issued a letter to W,IltEN KH(Lbl.EN 1\flAX rON- news organizations saying that he was "worried" about J-IS'(llRr-rcflJb1lifyi\£ the effect of the investigation, and that maybe Congress ~\66.ETtS At41> )'t'JU'LL ought to investigate the militias instead. He is fearful, he l>O~I~f said, that "misinformation about what happened at Waco" might be spread by "opponents of law enforcement." That's a good one. From the start, the major source of misinformation has been law enforcement agents them­ selves. One recent and particularly amusing example: on July 10, ABC News broke the story that it had obtained under the Freedom of Information Act documents in which the ATF had applied, on January 6, 1993, for mili­ tary support for a drug case at the Branch Davidian com­ pound. In particular, ATF wanted military equipment, combat training, medical and communications services, and assistance with planning the raid. On February 3, the

Liberty 15 Volume 9, Number 1 September 1995 that give meaning to his existence. Perhaps he would change the prosecution and contributed to the negative impression of his tune if he were confronted with the internal Justice the government generated during the trial." The Bureau also Department investigation of the Weaver affair, conducted by hindered the USAO's investigation of the incident, thanks to representatives of the Office of Professional Responsibility its desire to be "the only agency or, at a minimum, the lead and the Criminal Division. Their report was obtained by Legal agency on the case, resisted working as a coequal member of Times and posted on the Internet. It is heavily critical of the the prosecution team." The report recommends that the government's handling of the siege and trial. Justice Department and the executive branch assess the case This fiasco was begun by the Bureau of Alcohol, Tobacco, to determine what criminal and administrative action may be and Firearms. Disaster seems to follow in the wake of every appropriate. endeavor of this relic of Prohibition, and the Weaver case was From beginning to end, the Weaver affair was a textbook no exception. Most critics of the Weaver case have con­ case of government agencies dominated by groupthink and a demned the ATF for entrapping Weaver into sawing off some bureaucratic mindset. The government's actions reek of the shotguns so that they could force him to infiltrate and spy on banality of evil. Weaver misses his trial date because of the the Aryan Nations. But the report exonerates the Bureau of government's error, so they charge him for that ... he is the entrapment charge, and in light of its harsh assessment of armed and paranoid, so Marshals snoop around his property the government's other behavior, I am willing to give ATF unidentified ... his cabin has his wife and children in it, so the benefit of the doubt on this matter - even though a jury, the feds get trigger-happy ... the FBI believes that he fears a confronted with the evidence of entrapment, found Weaver violent conflict with federal agents, so they make it happen. innocent of making, possessing, and receiving illegal guns. There was no good reason for any of these events to have The government's significant errors began before the occurred. Weaver presented a danger to nobody, and his ini­ siege. Weaver was sent a letter incorrectly dating his trial as tial "crime" was selling shotguns with barrels that were too beginning on March 20, 1991, when in fact the trial was short. scheduled for February 20. According to the report, the U.S. Larry Potts, the agent in charge of handling the siege and Attorney's Office (USAO) in Idaho was "unnecessarily rigid formulating the faulty rules of engagement, was recently in its approach to the issues created by the erroneous letter" removed from his position as deputy director of the FBI. Rep. and the "USAO improvidently sought an indictment before Shumer has told reporters that his removal "takes a sword March 20, 1991." They also "thwarted the efforts of the away from those who believe that Waco and Ruby Ridge Director of the Marshals Service to focus the court on the dan­ were a grand government conspiracy." Not a conspiracy ­ ger involved in making the arrest and incorrectly terminated just business as usual.-CS efforts by the Marshals Service to negotiate with Weaver through intermediaries," thereby increasing the likelihood of Two years ago, in the wake of the a violent confrontation. Judgment call - confrontation near Waco that resulted in the deaths of about The violent exchanges between Weaver et ale and govern­ ment agents occurred in two phases, one (involving federal 86 Branch Davidians, I proposed making Liberty's analysis of marshals) at an area near the Weaver cabin known as the "Y" the story the most prominent feature on our cover, with the and the second (involving members of the FBI's Hostage headline "Holocaust in Waco." Rescue Team) at the Weaver cabin. The report is much more I discussed my proposal with several other editors, one of critical of the second phase. It states that there is "no proof whom vigorously argued that it would be a terrible idea. "By that the shooting of the boy [Sammy Weaver at the 'Y'] was using the word 'Holocaust,' you're comparing what hap­ anything other than an accident." It is not so forgiving of the pened in Waco with Hitler's attacks on the Jews," he said. events that resulted in the killing of Vicki Weaver at the "That's going to offend a lot of people." I was cognizant of cabin. According to the report, "Certain portions of these the fact that the American public overwhelmingly supported rules [of engagement issued at Ruby Ridge] not only the government's attack on the Davidian compound and that departed from the FBI's standard deadly force policy but also virtually no other publication in the United States was critical contravened the Constitution of the United States." The of the government. investigators "found these rules to be imprecise" and con­ In the end, I stuck by my guns. That issue turned out to cluded that they "may have created an atmosphere that sell better on the newsstands than any other issue we've ever encouraged the use of deadly force thereby having the effect published, I'm pleased to report. of contributing to an unintentional death." Death, intentional Last week, I was listening to Tom Snyder interview or otherwise, resulted when an FBI agent, attempting to shoot Steven Higgins, the bureaucrat who had been in charge of Randy Weaver's associate Kevin Harris, shot Vicki Weaver ATF when the assault on Waco occurred. Snyder was giving instead. The report concludes that the shot that killed Vicki his usual kid-gloved, ever-so-polite treatment to the man who Weaver did not meet the constitutional "objective reasonable­ ordered the initial assault, asking his usual softball questions, ness" standard and that the "internal FBI review of the shoot­ being satisfied with Higgins' evasively flatulent answers. ing incident has not been sufficiently thorough and reached Then, so help me God, I heard Tom use the word "holocaust" incorrect conclusions about the second shot." to describe what had happened. After the attack, FBI misconduct continued. According to "Holocaust in Waco." Our controversial, incendiary, the report, "the general disorganization and inexperience of offensive headline. Noone reacted to his choice of words. some of the participants" in the FBI review of the incident, Public opinion has changed in the past two years, I am "coupled with inaccuracies in the searches adversely affected happy to say. -RWB 16 Liberty Libertarian Heaven! ISIL 1995 World Libertarian Conference ATHENS, GREECE October 14-19, 1995

"Like no other conference in the world. " Join us in the cradle of Western civilization for .

• Dining and dancing with libertarian SPEAKERS FROM FOUR CONTINENU Abrams, Christian Michel (Swit­ leaders from exotic locales around =:> Barbara Branden, speaking on zerland), Constantine Christide the world - such as Russia, Serbia, "The Passion of Ayn Rand" (Greece), Dr. Stefan Blankertz Africa, Argentina .... =:> Louk Jongen (Holland) "How to (Germany), Palle Steen Jensen • Great weather - typically balmy bank and do business worldwide (Denmark), and many more. days, cool nights, low humidity. from your computer in total privacy." • Feast on Greek delicacies and shop in 2,000 year old bazaars. • Deluxe accommodations at the Hotel =:> Dr. Mary Ruwart, "Decline and Fall Zafolia in Athens. of the Welfare State." • Get discount airfare on Olympic Air- ways. Just mention the conference. •A spectacular light show at the =:> Jarret Wollstein "Society Without Temple of Poseidon. Coercion 2005: how we can build • Enjoy our gala closing banquet. libertarian societies throughout the • One LOW RATE includes: 5 nights • View the lights of Athens from our world in the next 10 years." rooftop swimming pool/garden. lodging (double occupancy), 5 break- =:) Bertrand Lemennicier "Privatizing fasts, Athens city tour, banquet, all • Tour the Parthenon & Acropolis, plus Roads and Industry in Europe" speakers and panels - just $549 an optional post-conference tour of Price increases $50.00 on Oct 1; Airfare Delphi and Meteora - the most =:> Devolution panel with members from Russia, Serbia, Canada, US. not included. For optional 3-day post­ spectacular natural and historic conference tour to Delphi and Meteora sights that Greece has to offer. =:> PLUS· Prof. Tibor Machan, Linda add $295.00 (includes travel & hotel). Where else could you meet libertarians from throughout ~------, the world ... and climb·a pyramid? Reservation Form - World Libertarian Conference Last year I went to my first ISIL international conference in Merida, 484 Church St. #1507, Toronto, Ontario Canada M4Y 2C7 Mexico. For a week, a hundred libertarians from around the world lived Name _ in our own special community. I ate, worked, and played with the friendliest, most exciting people I have ever met. Address _ It was like a big family, everyone eager to meet one another. I got to personally know brilliant thinkers, great authors, and one special Phone. _ young lady, who has since become a close friend. My foreign language skills are poor, but being in another country [J$549 double occupancy [J$509 triple occupancy where few people spoke English was no problem. Many attendees were fluent in Spanish, and more than willing to interpret as we strolled ClFor single occupancy add $112 to double room rate around the city, sightseeing and shopping. o Please send more information No words can express the excitement of climbing a 1,000 year-old Mayan pyramid and seeing a light show in the middle of the Yucatan ClChecklmoney order enclosed ClCharge my credit card jungle. My only regret is I didn't start going to these conferences DVISA 0 MasterCard sooner. Account # _ Don't miss out. Consider this my personal invitation to our 1995 World Conference in Athens. I hope to see you there. I Exp date:__ Signature ------~ Jarret B. Wolistein, ISIL Director 10- --_------_.I

Conference contacts: Bruce Evoy (Toronto) Tel: 416964-0142 Fax 416964-6001 Hubert Jongen (Belgium) Tel: (11) 1654-1695 Fax: (31) 1 654-1527 ~~ . ... ·mmb Slick Philly? - The New Republic got Phil Gramm employees charged with his personal protection as procurers dead to rights in its expose of his secret past as an investor in and as personal servants. It is Clinton who offered to payoff pornographic movies. Despite Gramm's best efforts to a jilted girlfriend with a government job. It is Clinton who squirm out of the charges, the evidence is overwhelming, as got mysterious cash contributions from businessmen for any fair-minded person who reads John Judis' "The Porn whom he had obtained government subsidies. Et cetera, ad Broker" in the June 5 TNR is bound to conclude. nauseam. It's amusing, of course, to watch a presidential hopeful The evidence that Clinton was all these things was in squirm and lie like 01' Phil had to if he wanted to keep his long before the 1992 election. And it was Clinton whom The following among redneck fundamentalists, apparently the New Republic supported in that election. "In endorsing Bill biggest component of the GOP these days. It is just as amus­ Clinton," TNR's editors wrote, "we are expressing our belief ing to watch the way TNR celebrated its scoop. that he offers the best chance in a generation to bring reform In an editorial in its June 12 issue, TNR ridiculed and renewal to a country that desperately needs both." Gramm's absurd defense. It concluded with this sanctimoni­ No wonder TNR doesn't want to condemn hypocrisy. ous paragraph: -RWB Gramm's response to our article bears out its central conten­ tion. The point was not that Gramm was wrong to invest in The state ofthings to come - Unlike L. Ron low-life movies, nor even that he is a hypocrite. It was that Hubbard, compulsive writer and "futurologist" Isaac he is profoundly amoral, committed only to his own politi­ Asimov hasn't been enough of a futurist to pull off the feat of cal advancement, ruthless in getting his way and untrust­ writing posthumously. Not too long after his death three worthy in accounting for his actions. Everything Gramm has years ago, his slot as editorialist for Asimov's Science Fiction done since confirms this analysis. He has a major character was taken over by Robert Silverberg. Like Asimov, problem. Is he someone we should even consider electing to Silverberg has written bestselling science fiction and well­ the presidency? thought-of popularizations of science. Unlike Asimov, The charges it hurls at Gramm are true, more or less. Yes, Silverberg is not a technocrat, and has scarcely a totalitarian it was immoral to lie about this action in his distant past. But bone in his body. Asimov was one of the most convincing "profoundly amoral"? C'mon. It's no more profoundly amo­ technocrats of his day, favoring "scientific" management of ral than a teenage girl's lie to her parents about what time social affairs through the ''benevolent'' hands of government she got home last night. "Committed only to his own politi­ intervention; as such, many of his policy prescriptions cal advancement"? What politician isn't? "Ruthless in getting veered off into tyrannical directions. But like any big­ his way"? Try as I might, I cannot see any ruthlessness here. government liberal, he never noticed just how totalitarian his I mean, it isn't like he sent tanks to kill innocent women and principles were. children, is it? "Untrustworthy in accounting for his But as I said, Silverberg is a breath of fresh air. Sometimes actions"? Since when should we expect a politician to he is almost as good as Stanley Schmidt, the rather libertar­ account for his private actions, anyway? ian editor of Analog, Asimov's sister publication. But whereas The worst that can be said about Gramm is that in his dis­ Analog publishes only so-so science fiction, all framed by tant past he invested in a soft-core movie, an action that was weird, cloying moralistic blurbs, Asimov's actually publishes neither illegal nor immoral. He tried to keep it secret at the some stories that are quite good (and, unlike Asimov's own time, and lied about it when it was exposed by a political workmanlike stories, occasionally demonstrate undeniable journal that dislikes him immensely. In sum, he is a hypo­ literary merit). The idea of buying a fiction magazine for its crite liable to tell a fib to save himself embarrassment. opening editorial strikes even me as bizarre, so I limit my TNR's description of Gramm does fit another contempo­ occasional purchase of science fiction periodicals to maga­ rary political figure: "... profoundly amoral, committed only zines with good stories, The Magazine of Fantasy and Science to his own political advancement, ruthless in getting his way Fiction as well as Asimov's. It is only as an added bonus that I and untrustworthy in accounting for his actions." thus partake of essays by Gregory Benford and Bruce If you can't recognize Bill Clinton in that description you Sterling (Fantasy & Science Fiction) and Norman Spinrad and are blind or dead. It is Clinton whose ambition was so great Silverberg (Asimov's). that he refused conscientious objector status as a college stu­ Though sf is often thought of as "forward looking," the sf dent because he feared it might harm his future chances of writer qua essayist gives at best only an indication of what being elected president, and instead lied to avoid the draft. It current trends in ideology are. The passing of the baton from is Clinton who baldly lied to the nation about his extra­ Asimov to Silverberg reflects the trend of thinking people marital sexual affairs. It is Clinton who used government abandoning big-government liberalism. 18 Liberty Volume 9, Number 1 September 1995

True to his science-fiction roots, Silverberg offers a vision This is, of course, because they have more in common with of the future: "In the era of global interconnectedness that their nominal opponents than with Americans feeling disen­ now is opening, economic rationalism will be a powerful chanted and disenfranchised. force for peace. The various ideology-driven nations are dis­ In the past two months, no one has been more aware of covering that it's bad business to let themselves be controlled this than Alexander Cockburn. He has, in one article after by political configurations that are rooted in abstraction." another, noted the similar anti-authoritarian sensibilities of This is the thesis of liThe Millennium Is Almost Here," his the '60s Left and the current grassroots rebellion that is being August editorial in Asimov's. He is right, of course: the com­ smeared as right-wing paranoia and hatred. He has even parative isolation that nations once had are a thing of the suggested that instead of fretting about the alleged epidemic past, and this is transforming how people think about their of heartland Nazism, leftists should be setting up booths at governments, and about their politicians and polities. gun rallies. His thoughts seem to have reached the status of Furthermore, there are some truths of economics that even epiphany in a recent column in The Nation: "Truth be told, politicians can't ignore. 'left' and 'right' ... have lost their power to motivate and But what Silverberg ends up with is not a coherent lim­ direct political action; they have become scapegoats for all ited-government philosophy, but a "common sense" one. He disturbances that might resist centrist hegemony." fails to draw any deep understanding out of his quick tour Cockburn isn't the only Nation regular who is beginning through the political future, and leaves his readers with little to wonder about such things. As far back as last December, but a glimmering of what is going on in the world. The Christopher Hitchens declared that the "Democratic Party is extent, for instance, to which government - and not just going the way of the Whigs, and a very good thing, too. To "political ideology" - is necessarily parasitical beyond a see the back of men like Foley and Rostenkowski and Cuomo very narrow scope of activity, Silverberg does not broach is a positive pleasure. The pity is only that it didn't happen (though evidence for this mounts daily). And readers of in 1992, thus sparing us the miserable two years past and the Asimov's are left with a sort of bare-minimum wisdom - a dismal two years still to come." Hitchens went on: sense of common knowledge, but no breakthrough thought. During the lunacy of the Reagan period in Washington, I But, as Voltaire observed long ago, "common sense is not so was impressed by how often it was the Cato Institute that common"; at least Asimov's readers are ahead of those people held the sane meeting or published the thoughtful position who get their vision from TV. -TWV paper. These days, I get more out of reading the libertarian magazine Reason than I do out of many "movement" jour­ nals. There are important differences of emphasis, but it can Without Rating the bottom ofthe barrel - be more of a pleasure to joust with the libertarians than to a hint of irony, a recent Republican Liberty reports that "At have another go-around with the center-left. ... this point, with no clear-cut libertarian-minded GOPer in the Faced as we are with an apparently libertarian inclination race, the vast majority of libertarian Republicans remain among the voters, and a strongly authoritarian strain among uncommitted." Republican Liberty must believe that at some the Republicans, the dialectical thing to do is to work with point a "libertarian-minded Republican" may enter the the libertarian tendency. race. Apparently, the propensity for self-delusion is not lim­ To be sure, Cockburn and Hitchens aren't your average ited to those Libertarian Party members who thought that leftists. Indeed, most of The Nation's editorials about the new Andre Marrou would get a couple of million votes in 1992. dissidents have been downright frightening. As Cockburn The article lists a variety of Republicans that libertarians understates it: "It's been ... disheartening to find out how are lining up behind, including Phil Gramm, Richard Lugar, many on the liberal/left end of the spectrum hope earnestly Pete Wilson (supported by Martin Anderson and George for a ferocious pogrom against the militias." But if most ana­ Schultz?!?), Susan Molinari (because she has the same last lysts aren't ready to chuck the Left-Right straightjacket, that name as anarcho-capitalist Gustave de Molinari?), and doesn't mean it isn't losing its hold. Cockburn and Hitchens Christine Whitman. To me, none of these people can in any are intelligent enough to realize what libertarians have been meaningful sense be called libertarian, but my standards are claiming for years: that the real battle isn't between Left and somewhat higher than Republican Liberty's, which recently Right, but between liberty and power. -ML rated Al D'Amato as a libertarian and Jesse Helms as "lean­ ing" in our direction. Next I suppose we'll see a "libertarians for Clinton" commitee. -es

Leftists get it right - At first glance, it seems like Left and Right have reversed themselves in the wake of the Oklahoma City bombing. "President Clinton, the croaking mouthpiece of liberalism, has been talking up law-and­ order," observes Tom Bethell. "Conservatives have been reminding us of our civil liberties." But what really seems to be going on is that the center is scrambling to reassert its hold on the public mind. If Newt Gingrich and his ilk are what we mean by conservative, then I haven't heard much about civil liberties from the Right. Liberty er¥&I A coOS cti0a! etub Sele ~ • ~ ,_ " ~ .. ~ 7"4ta4'~l&f 7CKOO~ 4 7'4" - .... ,x, :; bySheldonRichman . 'll. \(\ Senior Editor at the Cato Institute ~ I. '. "'If,' ~ A thrilling book. An exhilarating vision $14.95 softcover of how much better off everyone will be $22.95 hardcover with 100% private, voluntary education. -Laissez Faire Books ~ Mr. Richman is right to fear that state education undermines personal responsibility. ~ Timely, brilliantly argued, and consistently on I recommend Separating School and State. the side of the angels. -Michael Prowse -Robert Higgs, author of Crisis and Leviathan (London) Financial Times ~ This book makes a powerful contribution. -Professor Walter E. Williams ~ A truly engaging and original book. John M. Olin Chair in Economics -The Michigan Review at George Mason University ~ A dynamic new book on compulsory education. ~ -The Tropical Homeschooler This is educational polemics at their most bracing. -Booklist "Marvelously explained here. Trade enriches, and more immigration benefits the United States. Read it and cheer. " -Julian Simon Author of The Economic Consequences ofImmigration

"Critics of free international trade will not like this book at all. Hornberger and Ebeling have assembled a col/ection of articles that are easy to read and understand. These articles seek to introduce elements of truth and good sense into a public policy debate that has been dominated by critics who have been selling their nonsense to industry interest groups with the highest bid for protection from market forces. " -Richard S. McKenzie Walter B. Gerken Professor of Enterprise and Society University of California, Irvine

"The release of The Case for Free Trade and Open Immigration could not be more timely. With the consensus in favor of open borders perhaps under greater attack than ever before, this book should help convert Americans to the cause of a genuinely free world. " -Doug Sandow Senior Fellow, Cato Institute Author of The Politics of Envy

"The authors make clear how import restrictions undermine America's living standards by making thousands of consumer products needlessly more expensive. They also make clear why today's immigrants-both skilled and currently unskilled-are every bit as important as the fabled immigrants who made America great during the 17th, 18th, 19th and early 20th centuries. Bravo!" ...... ~ ~ -Jim Powell ...,...... ~...... Laissez Faire Books

--- The Future of Freedom Foundation ~DER FORr •I II 11350 Random Hills Road, Ste. 800-L Fairfax, Virginia 22030 II (703) 934-6101/FAX: (703) 803-1480 Name Please send me: Address o Freedom Daily subscription ($15 per year/$20 foreign) City _ D Separating School & State ($14.95 softcover/$22.95 hardcover) D The Case for Free Trade and Open Immigration State/Zip ($9.95 softcover/$17.95 hardcover) o The Dangers ofSocialized Medicine ($7.95) o Check enclosed ·Book Orders: Add $2.00 for S. & H.· VISNMC _ D Enclosed is my (tax-deductible) donation of $ _ Expiration date _ War Report The Battle of Oak Grove by Randal O'Toole

One community fights the new social engineers.

Soviet-style social engineering is alive and well in the United States. And the most avid practitioners are not in Washington, D.C., but our own communities - specifically, in our city and county planning offices. A new breed of social engineer - the "new urbanist" - has taken root there. Convinced that the automobile is the most monstrous invention ever devised, the new urbanists have con­ models of an urban economy, test tried to explain the economic model cocted plans that would actually those models against reality, make the in 25 words or less, but convinced no increase congestion and air pollution. models more complex, and test them one. I was particularly shocked to find According to their Orwellian reason­ again. I was awestruck by the power that the two professors in the class ing, cities are congested with cars of the economic way of thinking. agreed with the other students and because they don't have enough peo­ At that time, the legislature had considered my answer wrong. ple, so their solution is to cram more recently enacted a law requiring cities That day I decided I was an econ­ people in. Streets, they say, are busy to draw urban growth boundaries omist, not a planner. During the next because they are too wide, so their around themselves. Development out­ two years I crammed as many eco­ solution is to make streets narrower. side these boundaries would be for­ nomics courses as I could take. Over And people drive a lot because their bidden, or at least discouraged, until the next ten years I applied the eco­ homes are so ugly, so planners want all available sites inside the boundar­ nomic way of reasoning to the Forest to impose strict design requirements ies were fully developed. The theory Service (and, in 1988, published my on all new construction. was that this would protect prime findings in a book titled Reforming the I first encountered this logic in farmland. But our models clearly Forest Service). During that time, I had 1977, when I was trying to under­ showed that since the measure little contact with urban planners, stand federal land agencies such as resulted in roughly the same number except for the times I served on hiring the Forest Service. Someone con­ of cars in a smaller area, the tradeoff committees for various environmen­ vinced me that I could find answers at would be more congestion and the tal organizations. Recently graduated the University of Oregon's Depart­ increased pollution associated with it planners were often attracted to such ment of Urban and Regional (cars pollute more in stop-and-go organizations, and I had the pleasure Planning, so I moved from my home­ traffic). of automatically rejecting any candi­ town of Portland to Eugene to enter Soon after developing this model, date with a degree in urban planning. the masters program. one of my urban planning classes con­ In 1989, I moved back to the Most students in the program took sidered the same question: What effect Portland area and settled in an unin­ no classes outside the department, but would an urban growth boundary have on corporated suburb known as Oak for some reason, I signed up for a congestion and pollution? The budding Grove. Unlike most suburbs, Oak class in urban economics. Fortunately, planners unanimously reasoned that, Grove has a distinguished history it was taught by Ed Whitelaw, a soon­ with a smaller urban area, more peo­ stretching back to 1893, when the to-be-well-known Northwest econo­ ple would walk or use mass transit, world's first electric interurban rail mist who helped us build simple reducing congestion and pollution. I line was built between Portland and 22 Liberty Volume 9, Number 1 Se tember 1995

Oregon City. Wealthy Portlanders gesting that I should attend a county statements. One gushed, "To preserve built grand houses on large estates planning meeting. Ordinarily, I might the historic character of downtown along the line, and someone decided to have ignored it, but the note had an Oak Grove, we propose to allow zero­ call a small retail area next to one of urgent tone that made me feel I should foot setbacks of buildings." This meant the stations "Oak Grove." go. that the planners hoped people would Today, most of those large houses At the meeting, I learned that tear down the older homes and erect remain, but many of the estates have county planners had been working for buildings fronting on the streets. been subdivided. Still, most families six months with limy neighbors" on a Design standards would require live on lots of a quarter-acre or more. "transportation and growth manage­ enough bay windows and other cutsie The block I live on is 20 acres, ten times ment plan." The purpose of the plan, features to look "historic." the size of a normal city block. At a they claimed, was to give people more Planners also proposed to dissect third of an acre, my lot is one of the opportunities to walk and ride their our large blocks with new streets. smallest on the block. The temptation bicycles than we have. This seemed When people protested that they to subdivide further is tempered by the peculiar since no one I know has ever didn't want new streets, planners fact that the zoning requires a mini­ felt hesitant to walk or bicycle around mum lot size of 10,000 square feet the neighborhood. (slightly less than a quarter-acre). Then they showed us a map of the When people protested that Such a low density means there is plan. The block I lived on and several little auto traffic. When I walk with my nearby were to be rezoned for a 5,000­ they didn't want new streets, dog around the neighborhood, I meet square-foot minimum lot size. The planners started calling them many of my neighbors who are also out block across the street plus many others "pedestrian ways." walking. Since the houses were built would be rezoned for multi-family one-by-one over a 1DO-year period, dwellings with up to 24 units per acre. each is unique, with many made of We were assured that this "densifica­ started calling them "pedestrian native rock by a pioneer family of tion," as the planners called it, was for ways." When someone asked if such our own good and thatitwould encour­ walkways would be protected from age walking and discourage cars. auto traffic by building walls at the To give people a place to walk to, a entrances, a planner said, "Oh no, it They hoped people would significant chunk of our neighborhood would be unfair for us to deny access tear down the older homes and would be "mixed use," with stores and to cars. People have to be able to get to erect buildings fronting on the other businesses located a few steps their properties." streets with enough bay win­ from residences. In particular, planners One planner admitted that it had hoped that many of the multi-family been raining the one time she had vis­ dows and other cutsie features dwellings would be three stories high ited Oak Grove and that she "couldn't to look "historic." (two stories is the current limit) with imagine why anyone would want to businesses occupying the street floor. live here." She was from the govern­ When my neighbors and I asked ment and she was here to help us neo­ about the reasoning behind these traditionalize our neighborhood. stonemasons. Many people take advan­ ideas, planners responded with totally As it became dear that we didn't tage of their large yards to grow flow­ circuitous logic. Why did planners like these ideas (the meeting's official ers and vegetables, and a few own want to densify our community? minutes report that "at least two peo­ small livestock - poultry, goats, even "Because densification is part of the ple" said they opposed neotraditional­ a donkey. neotraditional concept." What is neo­ ism), planners chided us for not The interurban railway is long traditionalism? "Neotraditionalism is a participating in earlier meetings. I gone, but several blocks away is planning concept that calls for noticed that most of the "neighbors" Highway 99, the first four-lane road densification." on the original committee were devel­ ever built in Oregon. Today it has As someone familiar with Forest opers, realtors, and business owners, developed into what many people Service planning, I was struck with and the directors of the local fire, scornfully refer to as a "strip develop­ what was missing from the plan. First, sewer, and water districts. ment," though my neighbors and I find there were no data. Any requests for This led us to ask how we were the numerous supermarkets, variety populations or numbers of homes were supposed to know about the meetings. stores, and specialty shops to be con­ met with, "Well, we haven't got our Notices had been placed in the news­ venient with competitive prices. And geographic information system work­ paper and the sewer district newslet­ frankly, we're glad to keep most of the ing yet." (They didn't get it working ter, they said. But such notices were commercial areas some ways distant until the plan was almost done.) innocuous, emphasizing bike paths from our homes. Moreover, Forest Service plans always and saying nothing about rezoning. In I've spent more than five years come with at least four alternatives. any case, planners from the very begin­ here blissfully unaware of the new This one considered none. ning had limited the plan to neotradi­ urbanism. Then, last April, a neighbor The planners were fairly un­ tional concepts, so our participation slipped a note into my mailbox sug- guarded and made some amazing wouldn't have changed anything. Liberty 23 Volume 9, Number 1 Se tember 1995

After the meeting, 1 took some time architects' latest schemes. But it did how things should be." For example., a to catch up on recent planning litera­ quote an urban planner who ques­ traditional zoning plan might contain a ture. Neotraditionalism turns out to be tioned whether anyone "really wants provision calling for S,OOO-square-foot the brainchild of a California architect to re-create the social ambiance of an building lots at a minimum, allowing named Peter Calthorpe and a Florida eighteenth-eentury village" and an people to use 10,000- or 20,000-foot husband-wife architect team named economist who thought architects had building lots if they want. Andres Duany and Elizabeth Plater­ a "strange conceit ... that people In contrast, says Plater-Zyberk, neo­ Zyberk. Calthorpe has designed a neo­ ought to live in what they design." The traditional zoning is "prescriptive. We traditional community near Sacra­ magazine dismissed these comments want the streets to feel and act a certain mento and Duany and Plater-Zyberk as the natterings of free-marketeers. way." That is to say, neotraditional zon­ have one near Miami. But most of the problems that new ing might call for building lots with a These architects decided to model urbanists complain about aren't the maximum size of S,OOO-square feet. Such their plans after communities where fault of the "free market." Instead, they prescriptive zoning is used in many people mainly walked, bicycled, or are the legacy of previous generations places, including parts of the Portland rode mass transit rather than drove. area. Multi-family zones forbid con­ Based on their studies of such commu­ struction of single-family homes. nities, they decided that people would Most of the problems new But this is only the beginning. reduce their use of cars if they lived in urbanists complain about are Neotraditional zoning, including the multi-family dwellings or in houses on proposed zoning code for my commu­ small lots with tiny front yards and the legacy of previous genera­ nity, included"design codes" requiring garages in back, and if their homes tions ofplanners. peaked roofs, bay windows, full-width were close to grocery stores and other front porches, and certain other "cute" shops. features. They also dictated thatgarages What communities did they study of planners. Duany's ideal cities of the must be behind houses, not in front. to reach these conclusions? Why, 1920s were almost totally unplanned Apparently flat roofs and prominent American communities of the 1920s. - and planners hated them. garages make peopledrive too much. Americans had few cars back then, and By contrast, the large suburban lots The new codes differed from the they didn't drive much, so, the archi­ old in another important way: set­ tects reasoned, if they designed com­ and strip developments that we have today are the direct result of the zon­ backs. Traditional codes require that munities like those of the 1920s, the homes and other buildings be built people who live in them today won't ing ordinances that planners imposed on cities in the 1940s and 1950s. Mixed (typically) at least 20 feet apart and 30 drive much. (I am not making this up.) feet from the street. In contrast, the "Urban planning reached a level of uses were supposed to be unhealthy, so planners separated them. Small lot new codes would require that homes competence in the 1920s that was abso­ be at most 20 feet from streets and that lutely mind-boggling," claims Duany. sizes were unappealing, so planners zoned for minimum lots of 7,000, most commercial buildings be zero to Duany, Plater-Zyberk, and Cal­ ten feet from streets. thorpe are confusing cause and effect. 10,000, or more square feet. Though many planners blame In sum, the planners got it wrong People lived in "neotraditional" com­ before, and now they propose to fix the munities in the 1920s because they urban blight on the automobile, some planners recognize that zoning is the urban blight they created. The solution didn't have cars. But that doesn't mean they propose is a simple one: give that people will abandon their cars if true cause. Says Randall Arendt, a planning professor at the University of them more power - power not just to we force them to live in such commu­ prevent certain uses but to prescribe nities again. Massachusetts, zoning "is why America looks the way it does. The law uses as well. Were those cities of the 1920s so This will fix the problem? wonderful? Not to the planners of the is the major problem with the develop­ ment pattern." day. Contrary to Duany's claim, those An Ignoble Tradition Zoning is not a cure that is worse urban areas weren't planned - they Urban planners trace their history than the disease. It is the disease. just happened. It was the unplanned to architecture, and most university Planners have become nostalgic for a mixture of uses to which today's plan­ urban planning departments are in time before most of them were born ­ ners want to return that inspired zon­ architecture schools. What makes ing in the first place. a time that people in their profession architects think that, because they can About the same time· 1 began to said was so bad that it could only be design a house, they can design entire fixed by zoning. And how are we sup­ question neotraditionalism, Newsweek cities? That's like doctors presuming magazine featured a cover story on the posed to get back to this wonderful that, because they can reconstruct a new urbanism. Such wonderful ideas as time? More zoning. shattered hip or create an artificial small lot sizes, design codes, and corner But this time we will have "zoning heart, they can also create human life grocery stores, the magazine gushed, with an attitude." Says Plater-Zyberk: from scratch. would cure the suburbanblues. "Most zoning codes are proscriptive ­ Yet many architects have proposed The 13-page article barely admitted they just try to prevent things from grandiose urban designs. Frederick that anyone might not appreciate the happening without offering a vision of continued on page 68 24 Liberty Protest Shameless in Seattle by R. W. Bradford

A scandal in the society pages.

The newspaper article set the facts down in cold black type. Ida Cole, a 47-year­ old multimillionaire who had made her money in computers, had started a new business. She had bought an old movie theater and an office building and begun to restore them. She had invested part of her own $50 million fortune in the project, as well as a few million from other wealthy computer people, including paper that usually supports Repub­ building. The title here is "Stage Bill Gates of Microsoft. "It's a busi­ licans, got the story. What did it do Struck." It is subtitled: "After breaking ness investment," she explained to the with it? the glass ceiling at Microsoft, Ida Cole paper. "They can expect profits. It You might think the Times would resurrects a Seattle landmark." The won't be the return you'd get from smell a Pulitzer Prize. You might theme of the article is that Ida Cole is Microsoft stock, but it will be think it would tum its investigative an accomplished woman, a wonderful respectable." reporters loose to see just how far the role model, who lives the sort of life all The article also reported that she corruption goes. You might think it people should aspire to or maybe had made substantial donations to the would publish the story under a ban­ envy. "Friends, former employees, col­ candidates of the Democratic Party at ner headline, maybe using it as a kick­ leagues and even professional rivals the local and state level and used her off for an anti-corruption crusade. extol the woman's authentic kindness expensive home to raise additional You'd be wrong. and generosity," runs a typical line. funds on their behalf. Local govern­ The facts I listed above were virtu­ "They also praise her analytical savvy ment, controlled by the Democrats, ally all published in a single article in and flair with a spreadsheet." had given a $1 million subsidy to the the Seattle Times. Not on the front "Though she wears her All­ profit-making business ofIda Cole and page. Not on the editorial page. Not American wholesomeness with her millionaire and billionaire friends, even in the news section. pride," reporter Misha Be~son gushes and had granted her special treatment They were published in Pacific a few paragraphs later, "Cole is a gen­ on development rights - an advan­ Magazine, the Times' Sunday supple­ tle paradox: a woman with the perki­ tage that will substantially increase her ment. Pacific's cover showed a color ness of Mary Tyler Moore, the revenue. A state bureau, also in the photo of Cole, smiling broadly, along­ marketing smarts of a Fortune 500 control of that party, is working on side the construction site, decked out tycoon and a fierce determination that another million-dollar subsidy. in a white hardhat and jewelry. It was just won't quit. ... It didn't hurt that In sum, Democratic-controlled titled "Queen Ida." Above the title in Cole started out with that increasingly governments gave millions of tax dol­ smaller letters were the words rare underpinning: a happy middle­ lars as subsidies to a private, profit­ "Northwest People." It was not an class childhood. She smilingly recalls making business owned by a group of expose. It was a society feature, the scenes from her Virginia youth: fish­ multimillionaires. The head of the sort of article a public relations man ing; bowling; playing classical music; business (and at least some of the other gets paid to place in a newspaper. solving math problems with her investors) are heavy donors and big­ The first page of the article was father ..." time fundraisers for the Democrats. another flattering color photo of Cole, Cole's fundraising for Democratic The Seattle Times, an independent this time looking pensively at her candidates appears in a description of Liberty 25 Volume 9, Number 1 temberl995

her home some paragraphs later. Her black, who makes a career of having isn't really going to make a significant getting her millionaire and billionaire children and cashing government wel­ difference to her. Let alone to her co­ friends to invest appears later still, fare checks. The theory is that such investor, Bill Gates, another Demo­ along with her projected profits. The women are proliferating and are cratic Party donor, who happens to be list of subsidies handed over to her by responsible for America's budget cri­ the richest person in the United States. the Democrat-controlled local govern­ sis. Voters have responded well to this I don't know whether the single ment is buried on the final page of the theme, one that Republicans have mom who cashes her monthly govern­ story. echoed more frequently in each subse­ ment check ought to be decried as a The story illustrates something quent election. "welfare queen." But I do know this: if very frightening about American polit­ I'm pretty much with the voters on ever anyone deserved that title, that ical culture. A generation ago, if a poli­ this issue. I don't think spending tax person is Ida Cole - and any other tician (or group of politicians) gave a money to subsidize unmarried women wealthy and middle-class Americans million-dollar subsidy to a profit­ who have children is a good social pol­ who figure the government ought to making business owned by a million­ icy. I think it's probably bad for the subsidize them. aire who helped finance the politician, The welfare payments that go to the whole process would be consid­ the poor are dwarfed by the welfare ered to be so corrupt that it would be It was not an expose. It was payments that go the middle class and hidden from public view. If a newspa­ wealthy. So long as Americans bemoan per discovered it, they'd play up the a society feature. the former but get in line for the latter, story with banner headlines and they will remain mean-spirited hypo­ launch a crusade. crites. And so long as they keep them Today, it's not even considered cor­ country. And like most people, I'd like in place, their country will continue on rupt by a newspaper that politically my taxes to be lower. On the other its road to bankruptcy. opposes the politicians who gave the hand, I've never been a poor young But there's a more important issue millionaire a million taxpayers' dollars. woman with a child. I'm sure they face here. The corruption of public morals And worse. Today, it's considered a very tough situation, even with the that enables multimillionaires and admirable. Admirable enough that the welfare checks they get. So politicians multibillionaires to collect million­ person who receives the million dol­ carrying on about "welfare queens" dollar gifts of taxpayer money from lars, paid under threat of law by peo­ don't win much support from me. politicians they financially support ple far poorer than herself, is Unlike the welfare queens the without th~ slightest hint of public out­ considered a hero, a role model, an Republicans complain about, Ida Cole cry is eating away at the soul of object of aspiration. isn't poor. She's rich. She's beyond American public life. Something has changed. And I rich: she's super-rich. The single mom It will have to be reversed if the don't like it. who cashes a government check has an United States is ever going to get taxes A decade and a half ago, Ronald excuse: she really needs the money. Ida and government spending under con­ Reagan helped popularize the phrase Cole doesn't have that excuse. The mil­ trol. Or if America is to restore the "welfare queen" as a convenient label lion or two or however many dollars political culture that made it a good for an unmarried woman, probably her political friends shovel her way and great country. Q

Are you tired of living in an unfree world? Will Americans ever find freedom? The statists have their backs to the wall, says maverick presidential candidate Harry Browne. Libertarians have a historic opportunity to roll back government, he argues. If you've never heard the author of How I Found Freedom in an Unfree World speak, here's your opportunity to witness one of libertarianism's most articulate and dynamic spokesmen in action. A must! Video: $19.50; Audio: $5.95

To order, call toll-free (800) 854-6991 (orders only) with your charge card information ... Or send your order with payment to Liberty, Dept. T49, P.O. Box 1181, Port Townsend, WA 98368. Include $3 shipping & handling for first tape and $1 for each additional tape. Prescription Drug Laws as Cultural Lobotomy by John Dentinger

The first casualty of the war on drugs.

Since it is customary in articles about drugs to recount one's personal struggle with the demon, I will begin with a personal anecdote. My drug addiction began in Wisconsin in the late '60s. I didn't think it was serious at first. I just took tion may increase drug use - but One need not be in battle fatigues a nosefull of the stuff with a high­ decreases drug abuse. No one claims to take pot-shots at the truth; one can school chum. Later I increased the education would eliminate abuse, but be a sort of civil defense worker, like dose. I was buying it every three some commonplace examples indicate Janet Cooke was when she wrote her weeks. I didn't know the nasal con­ why it would reduce it: because much Pulitzer-winning fabrications about gestion I suffered was a withdrawal abuse is due to ignorance. Many com­ an /leight-year-old heroin addict." As symptom, but I did know the stuff mon legal products are allergenic or Thomas Szasz noted, lies on the sub­ cleared it up. It wasn't until years harmful to a hypersensitive few: aller­ ject of drugs are so common that if later, when a doctor told me, that I gists often cite sulfites and monoso­ Cooke had not also lied about her aca­ realized I was addicted. dium glutamate in food, as well as demic credentials, she probably To Neo-Synephrine. An over-the­ ingredients in Irish Spring soap and would have gotten away with it. counter nasal decongestant which I Tide laundry detergent. Caffeine is an Another classic tale told as true came took for hay fever. What I didn't elusive cause of insomnia, heart palpi­ in 1968 from then-Governor Raymond know about the nose drops was that tations, and other alarming symp­ Shafer of Pennsylvania: six college my friend was taking far more than toms. students had gone blind staring at the he needed; and following his lead, so Now, a lot of the use of these sun while on LSD. The governor later was I. What I needed to protect me products results in needless anxiety, recanted when his source, another from Neo-Synephrine addiction was time lost from work, and doctor bills. government official, admitted he'd not laws, but information. And how does our government made it up. I mention this old hoax Drug laws keep society from respond to that waste? By requiring because (a) we all remember its tenac­ learning anything from the drug use warning labels on these products? ity, and (b) it illustrates the self­ that occurs; they foster lies to fill the No. Rather, it busies itself outlaw­ fulfilling hysteria about /lbad trips," silence; and this discredits valid warn­ ing drugs, many of whose users are thereby guaranteeing that first-time ings about the real dangers of drugs. far better-informed of their effects LSD users would be more susceptible This silence and disinformation, this than is the average user of the caffei­ to them. never-ending cultural lobotomy, is the niferous Coca-Cola. By subjecting I can attest to this personally. In most subtle, the most ignored, and yet users to a black market, government the summer of 1972, I did once what the greatest cost of the war on drugs. makes them less informed about, and friends had done numerous times: I thus in greater danger from, what took LSD. I went into the experience Silence and Disinformation they are ingesting. Sometimes it even with the wrong attitude, and had a My Neo-Synephrine experience pollutes the drugs itself: spraying poi­ very bad trip. The public hysteria did coincides with recent findings cited sonous paraquat on marijuana, as it two monstrous things simultane­ by Arnold Trebach in The Great Drug adulterated alcohol with poisonous ously: it made me fear that I had per­ War: that honest, credible drug educa- methanol during Prohibition. manently damaged the only asset I Liberty 27 Volume 9, Number 1 Se tember 1995

had - my mind - and it made this testimony can hardly be considered amphetamines, psychedelic drugs, and unfounded fear something I could not reliable. cannabis (a legal medicine until 1937). confide to anyone. I finally went to the Drug companies have no incentive But as Lester Grinspoon and James B. student health service, which referred to invest in developing safer psycho­ Bakalar, both of Harvard Medical me to a psychiatrist, whom I saw once. therapeutic or "recreational" drugs, School, note in the Pacific Institute's His answer to my problems: Valium, since these would simply be outlawed. anthology Dealing with Drugs, all of 10 mg., several times a day. The government's hostility to safe these have medicinal uses. I had no idea what a high dose this drugs was noted by Durk Pearson and To take one example, as recently as authority had prescribed. One-tenth or Sandy Shaw in Life Extension: the 1985, psychotherapists from around one-twentieth of that would have pro­ Bureau of Alcohol, Tobacco and the country offered the DEA testimony vided a crutch. The prescribed dose, Firearms "forbids the addition of anti­ to the therapeutic efficacy of MDMA, a which I took, was an emotional strait­ oxidant vitamins such as B-1 to booze, mild, then-legal psychedelic drug. (The jacket. I needed the plain truth, and I although medical experts ... agree [it] term "psychedelic" may be misleading; got chemical repression. All of the would significantly reduce alcohol­ MDMA - unlike alcohol - does not harm here came not from drugs but induced brain and liver damage." An cause hallucinations, even in substan­ from silence and lies. Much the same, I evenbetter solution, they note, "would tial overdoses.) The drug, they said, suggest, is true of our culture. be to develop new recreational drugs vastly increased the very bases of ther­ which provide the desired alcohol high apy: motivation, empathy, and depth The Trials and Errors without the damaging side effects. and' extent of communication. of Drug Laws There is, in fact, such a drug. [It has Dissolving the fear or embarrassment Society advances, in Karl Popper's already been tested, but it] is not FDA or inertia associated with new self­ phrase, by a process of "trial and the approved, and it is not likely to be insight, the drug helped to break elimination of error." Hindering either approved in the foreseeable future." through the sticking points of therapy. of these two steps in the name of cost­ Likewise, the prescription drug Success stories abounded: a woman cutting or risk-aversion does not ham­ diphenylhydantoin "has been used who was the victim of rape and torture per the commission of error, merely successfully to allow smokers to quit and was still suicidal after six months the elimination of error. It disconnects without withdrawal symptoms," but of ordinary therapy was able to face the ratchet of social progress. the past and begin living a normal life For example, the backfiring of the again. The positive mental attitude it attempt through regulation and tort helped encourage seems to have aided law to produce a risk-free society is Safety-at-any-price exacts a another woman's remission from an becoming increasingly clear. Had high price not only in dollars, otherwise fatal cancer. And so on. heavier-than-air flight been made even but also in safety. Disastrously, however, the drug was heavier with detailed regulation after nicknamed "Ecstasy," a term so reek­ the first plane crash, we would not ing of hedonistic heresy that no prod­ have developed a means of long­ of course, it is not FDA-approved for uct could bear the name and not be distance transportation far safer than that purpose. "In fact," noted Pearson outlawed, not even dog food or any alternative. Transportation would and Shaw, "since smoking is not a dis­ suppositories. be costlier and riskier, but ten thou­ ease, the FDA may never approve any The medical case for marijuana is sand back-page car crashes don't have treatment, no matter how safe, specifi­ even clearer, to the point where even the impact of one front-page plane cally for the purpose of stopping the government can't deny its efficacy crash. And a rat overdosed with cycla­ smoking." in treating nausea, glaucoma, and mate warrants a headline; extra human This show of concern for the health other conditions. deaths from obesity do not. In innu­ of even legal recreational drug users is Rick Morris, a truck driver in merable areas of life, safety-at-any­ no less that we could expect from those Tennessee, lost three-eighths of his price exacts a high price not only in wonderful folks who let thousands of body weight while on nauseating dollars, but also in safety. AIDS and other patients die while chemotherapy. Like many chemother­ The same analysis applies to drugs. awaiting the nirvana of the perfectly apy patients, until Morris began smok­ Illegal drug "experiments" go on con­ effective drug, and the chimera of the ing marijuana, even the smell of food stantly, but we can learn little of or perfectly safe one. These examples of would cause him to vomit, his attorney from the good or bad experiences of costs imposed as savings, of danger said. drug users, since they may be arrested and death imposed as safety, could be Attorney? Oh yes, Morris was if they talk about them. Celebrities - and still are - multiplied ad convicted in 1988 of possession of thus arrested may· be able to escape infinitum. marijuana. prison if they agree to go on the lecture Two million Americans suffer the circuit and recant their heresy. In this, The Blinding Success progressive eye disease of glaucoma. our sole advance over the Inquisition is of Drug Laws An eighth of those have serious vision that heretics do not need to be shown In particular, the law "protects" us impairment already, and 7,500 people the instruments of torture: viz., prison from the effects, both maleficent and a year go blind from it. In 1972, Robert and the press. In any case, the resultant beneficent, of coca and cocaine, C. Randall, aged 24, was told he had 28 Liberty Volume 9, Number 1 Se tember 1995

glaucoma and could expect to be including these: should round up all drug users totally blind in three to five years. He (1) Ignoring the costs of the because of this sounds suspiciously found by chance that smoking mari­ "Tuskegee experiment" above. like "There is no such thing as an inno­ juana completely restored his eyesight (2) Aggregating costs imposed by cent suspect." Surely this is better dealt and arrested the progress of his ail­ people on themselves with costs with by diverting $10 billion a year ment. When he grew these medicinal imposed by people on others. Every worth of zealous narcotics officers into plants, it was he himself who was life counts the same in this Procrustean traffic patrols than by attempting pre­ arrested. NaIvely, he called federal moral calculus, the consenting and ventive detention of all of society. drug bureaucrats to get permission to unconsenting alike. We can see the (3) Ignoring damage to other consti­ use marijuana as medicine - and same shell game when gun control tutional rights. When the government found they already knew of its unique advocates slip suicides into the figures can blind its critics lawfully, the First value in treating glaucoma, and never on "gun-related deaths." Amendment is a mockery. When the bothered to tell the public. After tre­ Consider what the interventionist government confiscates putative drug mendous battles, he won the right to does when he cites "productivity loss" profits (including money intended for use marijuana (supplied from Uncle as a cost of drugs. If Joe Would-Be­ attorney's fees) in a "civil" proceeding, Sam's Mississippi pot farm), which the Cokehead were not producing any­ due process is mocked, as is effective bureaucrats tried to make subject to thing in the first place, then his self­ assistance of counsel. Increasingly Randall's conceding to keep quiet destruction would have "zero cost." obtrusive searches are rubber-stamped about it. He refused to accede to this, Thus Joe's very productivity is per­ 'in the name of the drug war. Penalties and they capitulated. But later the "lib­ versely used as an argument for curtail­ for marijuana sales have often grossly eral" Carter White House drug policy ing his liberty. This approach would exceeded commonly given penalties chief, Dr. Peter Bourne, threatened to argue that if Charles Krauthammer for murder. And the list goes on. War cut off Randall's marijuana supply could make more money as a doctor is the health of the state, and the drug because he insisted on appearing in the than a political writer, the law should war is no exception. press, telling people the truth about force him to do so. (4) Ignoring psychic benefits. The this medicine. In effect, the govern­ This leaves us with the one real feelings of would-be drug users are ment repeatedly threatened to blind social cost: accidents, primarily driving given no weight in this scheme, Randall if he didn't keep his mouth under the influence by a small, irre­ although they are willing to part with shut. sponsible minority of drinkers and money to alter their feelings. This is People are still going blind not other drug users. The idea that we like saying that one who survived an because marijuana laws cut off the sup­ ply of the drug (tens of millions of peo­ ple use it, after all), but because they cut off the supply of information. Glaucoma, cancer, and other patients have had to discover this information independently (and criminally). Or not discover it, and go blind or starve to death in retching agony, which all of them would have done if drug laws had been "successful." These millions of American remain, in effect, victims of a gigantic Tuskegee experiment (an experiment in which black males were intentionally denied medical treatment for syphilis for purposes of studying the disease).

The Procrustean Moral Calculus Prohibitionists are starting to con­ cede that their policy has costs. Morton Kondracke, writing in The New Republic, offers a typical interventionist Order the CUBE5 Three Dimensional Reasoning Puzzle. Test your analysis: he estimates the cost of the thinking skill solving three dimensional piece fitting problems. drug war at a paltry $30 billion - a Different selections ofthe ten wooden pieces make a 3x3x3 cube, 2 third of that for direct enforcement, 1/4 inches on a side, or specific problem shapes. Fifty puzzles in the two-thirds for the cost of crime gener­ 16 page Puzzle Booklet. CUBE5 is $25 plus $5 SIR. (MA residents ated by heroin addicts. But this sort of 5% sales tax.) Call 800-298-4947 or send a check. Receive a catalog cost/benefit analysis fudges entries on of our other puzzle systems with your order. both sides of the ledger, by techniques Organized Thinking, 220 Boylston Street, Newton, MA 02167 lib Volume 9, Number 1 Se tember 1995

involuntary game of Russian Roulette Audiophiles financed the develop­ legacies of the drug war. had zero Joss and one who survived ment of magnetic tape, later used in A free society's complex web of psychotherapy had zero gain. In fact, computers; diskettes and hard discs information and innovation is one with the psychic benefits of some drugs spun off that. The quarters plunked which we tamper at our peril. may be far more than the mere physi­ into early video games helped finance cal pleasure of, say, cocaine. Silicon Valley. From the money consu­ Inventing Danger One of the objections to drugs is that mers spent on laser discs there arose The reason our culture has evolved they "cause'! some people to lose con­ CD-Rom storage, which even New the custom of freedom and the concept trol over their lives. But in most such Age bookstores use for instant com­ of individual rights is that in the long cases, I submit, drugs, legal or illegal, puter access to Books In Print. Couch run, they work. And the reason they are simply the means by which a per­ potatoes in the '50s buying TVs to have developed so slowly is that any son carries out his early-life program­ watch I Love Lucy helped make it possi­ zealot, well-meaning but without

ming for self-destruction. The IIcure" is ble for millions to have high-quality, understanding, can point to the short not the removal of a few of many avail­ inexpensive computer monitors today. run. able means to that end, but the teaching Thus entertainmentspinoffs acceler­ Every single freedom we now take of the victim how to change his own ated all advances based on computers. as self-evidently crucial arose in a programming - i.e., how to be an struggle against those who attacked it autonomous human being instead of a as dangerous. Neophobes of Plato's robot. Ironically, there is, as noted When the government can day attacked writing - as an enemy of above, strongevidence that some illegal memory. Luddites,Gordon Tullock drugs would be good for precisely that blind its critics lawfully, the tells us in The Organization of Inquiry, psychotherapeutic purpose. For vast First Amendment is a mockery. have been with us always: "inventions numbers of responsible would-be which simply eased the method of pro­ users, then, drug laws are not aiding duction of existing products were usu­ but obstructing self-control. This includes artificial intelligence, ally frowned upon [by governments]. (5) Ignoring spinoffs. Only when whose applications include medical The fear that labor-saving inventions drugs are legal can they give rise to spin­ expert systems, aiding doctors with will result in widespread unemploy­ offs benefitting non-users. This is the faster and more accurate diagnoses. It ment [rather than more but different biggest cost of all, meriting separate also includes the new science of chaos employment] is as old as history." discussion. theory, which has been applied to the Here, in the realm of invention, is study of cardiac arrythmia, Park­ the paradigm of the mechanism and Spinoffs inson's disease, and similar medical value of freedom. Very few people per­ The entire advance of civilization is abnormalities. sonally utilize the right to invent, and in a web of "spinoffs," intricately and The hardware and software devel­ the short run, some people are unpredictably related. Cut off a strand oped to animate sequences in the Star "harmed" by invention to the extent of of inquiry, narrow the range of allowa­ Wars movies have been adapted for having to change employment. Despite ble personal experiments, and the computer-aided design and medical these two factors, we not only let peo­ web grows exponen­ damage to the imaging applications. It's a shame radi­ ple invent things - we encourage tially with time - and in ways we can­ ology departments don't have signs them. We sort out the results in the not predict. Thus Friedrich Hayek most callous manner: if they hit the rubbing this in, but the first people writes in The Constitution of Liberty, jackpot, we get to use the invention whose lives were saved by this tech­ "We shall never get the benefits of free­ without having taken their risks. Iftheir nology can thank George Lucas and dom, never obtain those unforeseeable experiments fail, well, tough for them. his fans. new developments for which it pro­ This is the model for the discovery, vides the opportunity, if it is not also If science fiction has yielded medical diffusion, and utilization of knowledge granted where the uses made of it by spinoffs, it defies credibility that recrea­ in a free society. some do not seem desirable. It is there­ tional drug research would fail to do Of course drug use has risks and fore no argument against individual likewise. costs, but only those to bystanders freedom that it is frequently abused." We can already point to the acci­ should be curtailed by law. Anything Let us look at a business analogous dental discovery of marijuana's value more done to the "social organism" ­ to the recreational drug trade: the fighting nausea and glaucoma. In fact, any laws and silence and lies - is not entertainment industry. If any busi­ we can even name one of its non­ an immune response, but a jolt of ness could be hamstrung without medical spinoffs: many utilitarian curare, a routing to oblivion of the cul­ impairing progress, surely it is this. products can be made from the mari­ tural neurons bearing information on Let's say, arguendo, that "freedom of juana plant, including an inexpensive, which drug use is beneficial and which entertainment" has been grossly high-grade paper that is far more long­ harmful. abused - that 99% of entertainment lasting than acid-treated wood pulp. This cultural lobotomy is a cost we dollars have gone for mindless rub­ Thus the specific form of cultural brain should insist be included in the bish. But let's see what those dollars damage that occurs as many old books accounting when next the drug warri­ have financed. disintegrate is one of the continuing ors trot out their moral calculators. Q 30 Liberty Lecture The Nine Myths of Schooling by John Taylor Gatto

Everything you ever should have wanted to know about schooling, but didn't think to ask.

The Swiss, just like us, believe that education is the key to their national success. But that's where the similarity ends. In 1990, about 50% of American secondary-school gradu­ ates enrolled in college, but only 22% did in Switzerland. In America, almost 1000/0 of our kids go to high school or private equivalents, but under a quarter of Swiss kids do. And yet the Swiss per-eapita income is the highest of any nation in the world, and the firms, and banks never saw the inside Did you know that students in Swiss keep insisting that virtually eve­ of a high school, let alone a college. Hong Kong, a country with a popula­ ryone in their country is highly Well, shocking is the word for it, tion the size of Norway's, beat educated! isn't it? I mean, here you are putting Japanese students in every scientific Remember, we're talking about a away your loot .in a Swiss bank and mathematical category? Did you sophisticated economy that produces because it's safe over there and not so know that Hong Kong has a school safe here, and now I've told you the the highest per-capita paycheck in the year ten weeks shorter than Japan's? bank president may only have a sixth­ How on Earth do they manage that if world. High for the lightly schooled as grade education. Just like Shake­ longer school years translate into well as the heavily schooled. Higher speare. higher performance? than Japan's, Germany's, or our own. As long as we're playing "Did you Why do you suppose you haven't What on Earth could be going on? know?" - did you know that in heard about Hong Kong? You've No one goes to high school in Sweden, a country legendary for its heard enough about Japan, I'm sure. Switzerland who doesn't also want to quality of life, a nation that outper­ But I'll bet you haven't heard that go to college; three-quarters of the forms America in every academic cat­ in Japan, a recess is held after every young people enter apprenticeships egory, kids aren't allowed to start class period. instead. It seems the Swiss don't make school before age seven? The hard­ Or that in Flemish Belgium, the the mistake that schooling and educa­ headed Swedes don't want to pay for country with the shortest school year tion are synonyms. the social pathologies attendant on in the developed world, the kids regu­ If you are thinking silently at this ripping a child away from his home larly finish in the top three nations in point that apprenticeships as a substi­ and mother and dumping him into a international academic competition. Is tute for classroom confinement isn't a pen with strangers. Can you remem­ it the water in Belgium or what? Their very shocking idea - and that it has ber the last time you worried about a success obviously didn't come from the drawback of locking kids away Swedish Volvo breaking down pre­ any passionate commitment to forced from later choosing white-collar work maturely or a Swedish jet engine fail­ schooling. - think again. I wasn't talking about ing in the air? Did you know that three British blue-collar apprenticeships (though Did you know that the entire prime ministers in this century, the Swiss have those, too) but white­ Swedish school sequence is only nine including the current one, didn't collar apprenticeships in abundance. years long, a net 25% time and tax bother to go to college? Many top managers of Swiss insu­ savings over our own twelve-year Exactly in whose interest do you rance companies, manufacturing sequence? think it is that the New York Times - Liberty 31 Volume 9, Number 1 Se tember 1995

and just about every other outlet for into schools. seamstress, or an Indian fighter never American journalism - doesn't make In the early years of this century, a gave undue attention to being well­ information like this readily acces­ radical shift was underway, transform­ behaved and you will begin to see how sible? ing a society of farmers, craftspeople, a centralized economy and centralized If you trust journalists or the pro­ fishermen, and small entrepreneurs schooling box human behavior into a fessional educational establishment to into the disciplined workforce of a cor­ much narrower container than it nor­ provide you with the data you need to porate state, one in which all the work mally would occupy. You will begin to think for yourself about schooling, is sucked into colossal governments, see why intellectual development, for you're the kind of citizen who would colossal institutions, and colossal busi­ all its theoretical desirability, can never trade his cow for a handful of colored ness enterprises - a society whose really be a serious goal for a society beans. driving logic is comfort, security, pre­ seeking comfort, security, predictabil­ dictability, and consensus rather than ity, and consensus; indeed, that such a Why School? independence, originality, risk-taking, fate must be actively avoided. Shortly into the twentieth century, and uncompromising principle. In the Once this design was in place ­ American educators decided to move gospel of social engineering this trans­ and it was firmly in place by 1917 ­ away from justifying their jobs with formation was to lead to a future uto­ all that remained to reach the target the rhetoric of intellectual develop­ pia of welfare capitalism. With the was a continual series of experiments ment and skills training, and to on public schoolchildren: enter the eerie world of social some modest in scope; engineering, a world where many breathtakingly radi­ "socializing" and "psychologi­ cal, such as "IQ tests" and zing" the classroom preempts "kindergartens"; and a full attention and rewards. Profes­ palette of intermediate col­ sionalization of the administra­ ors, from "multicultural­ tive/teaching staff was an ism" to "rainbow" important preliminary mecha­ curricula to "universal self­ nism to this end, serving as a esteem." sieve to remove troublesome Each of these thrusts interlopers and providing lu­ has a part to play in the crative rewards for allies and movement toward the camp followers. larger planners' utopia. Yet Non-intellectual, non-skill each is capable of being schooling was supported by a rhetorically defended as strange and motley collection the particular redress of of fellow travelers: by unions, some current problem. yes, but also by such legendary The biggest obstacle to businessmen as Carnegie and a planned society is par­ Rockefeller, Ford and Astor; by ents. Parents have their genuine ideologues like John own plans for their own Dewey, yes, but many aca­ children. Most love their demic opportunists as well, kids, so their motivations such as Nicholas Murray are self-reinforcing, unlike Butler of Columbia. Prominent those of schoolpeople who colleges such as Johns Hopkins "work with children" for a and Chicago played a large paycheck. Unless held in part in the deconstruction of check, even a few unhappy American academic schooling, parents can disrupt the as did a powerful core of private foun­ "problem of production" solved, the conduct of an educational experiment. dations and think tanks. attention of professional intellectuals The second biggest obstacle to a Whether they did this out of con­ and powerful men of wealth turned to planned society is religious sects, each viction, for private advantage, or any controlling distribution, so that a of which maintains that God has a hybrid of these reasons and more I'll "rational" society, defined as a stable plan for all human beings, including leave for others to debate. What is cer­ state without internal or external con­ children. And the third biggest tain is that the outcome aimed for ­ flicts, could be managed for nations, obstacle is local values and ethnic cul­ socializing children into creatures who regions, and eventually the entire tures, which also provide alternative would no longer feel easy with their planet. In such a system, if you behave, maps for growing up. Each of these own parents, psychologizing children you get a share of the divvy; if you three is an external force bidding into dependable and dependent camp don't, your share is correspondingly against the school system for chil­ followers - had little to do with why reduced. Keep in mind that a small dren's loyalties. parents thought children were ordered farmer, a carpenter, a fisherman, a One final obstacle - a colossal one 32 Liberty Volume 9, Number 1 Se tember 1995

- is the individual nature of each par­ must be protected from the uncertified, temptuously dismissed my contention. ticular child. John Locke pulled a including parents. Almost the same thing happened on a whopper when he maintained that (4) Compelling children to violate different occasion, when I dined at the children are blank slates waiting to be family, cultural, and religious norms same table as Albert Shanker of the written upon. He should have asked a does not interfere with the develop­ American Federation of Teachers. few mothers about that. If you watch ment of their intellects or characters. With that history of failure in open­ children closely under controlled con­ (5) In order to dilute parental influ­ ing a dialogue with some of the pow­ ditions, as I did for 30 years as a ence, children must be disabused of ers and principalities of institutional schoolteacher, you can hardly fail to the notion that mother and father are education - and I could add Lamar conclude that each kid has a private sovereign in morality or intelligence. Alexander, Bill Bennett, Joe Fernandez, destiny he or she is pulled towards (6) Families should be encouraged Diane Ravitch, Chester Finn, and many wordlessly - a destiny frequently put to expend concern on the general others to the list of luminaries who out of reach by schoolteachers, school have listened to me only with impa­ executives, and project officers from tience - I've turned to addressing the the Ford Foundation. There is no evidence show­ general public instead. I have tried to In a planned society, individuality, refute the assumptions schools rely on cultural identity, a relationship with ing a positive relationship be­ by drawing people's attention to sev­ God, and close-knit families must be tween length of schooling and eral facts open to formal verification suppressed, if not totally extinguished. accomplishment. (or the informal variety grounded in The Soviet Union was an object lesson common sense): in this utopian undertaking; the United (1) There is no relationship between States has gone down the same road, education of everyone but discouraged the amount of money spent on school­ albeit with more hesitations, at least from being unduly concerned with ing and "good" results as measured by since the end of the First World War. If their own children's education. parents of any culture. This seems to the social engineers are to accomplish (7) The state has predominant be because "education" is not a com­ such a complex transformation of responsibility for training, morals, and modity to be purchased but an enlarge­ nature into mechanism, the general beliefs. Children who escape state scru­ ment of insight, power, understanding, public must be led to agree to certain tiny will become immoral. and self-control almost completely out­ apparently sensible assumptions ­ (8) Children from families with dif­ side the cash economy. Education is overwhelmingly an internally gener­ such as the assumption that a college ferent beliefs, backgrounds, and styles degree is necessary for a high-status ated effort. The five American states must be forced together even if those career, even though Swiss corporations that usually spend the least per capita beliefs violently contradict one anoth­ and the British government are often on schooling are the five that usually er. Robert Frost was wrong when he run by managers without college have the best test results (although maintained that "good fences make training. Iowa, which is about thirtieth in spend­ good neighbors." The security of schooling depends ing, sometimes creeps into the honored (9) Government coercion can serve on many such assumptions, some of circle). the cause of liberty. which, by adroit concealments worthy (2) There is no compelling evidence of a card sharp, seem to link schooling showing a positive relationship Twenty-One Facts and future responsibility; and some of between length of schooling and These assumptions and a few oth­ which serve to exalt the political state, accomplishment. Many countries with diminish essential human institutions ers associated with them lead directly short school years outperform those like the family, or define human nature to the shape, style, and exercise of con­ with long ones by a wide margin. as mean, violent, and brutish. I'd like temporary school politics. And these (3) Most relationships between test to list nine specimens of these assump­ primary assumptions generate secon­ scores and job performance are illegiti­ tions for you, to allow you to gauge dary assumptions that fuel the largely mate, arranged in advance by only which ones you personally accept, and phony school debate played out in allowing those testing well access to to what degree. American journalism, a debate where work. Would you hire a newspaper the most important questions are never reporter because he had A's in Nine Assumptions asked. English? Have you ever asked your (1) Social cohesion is not possible I once had dinner at the same table surgeon what grade he got in meat­ through means other than government as Fred Hechinger, education editor of cutting? George Kennan, intellectual schooling. School is the main defense the New York Times. When I raised the darling of the Washington elite some against social chaos. possibility that the Times framed its while ago - and the author of our con­ (2) Children cannot learn to tolerate coverage to omit inconvenient aspects tainment policy against the Soviet each other unless first socialized by of school questions (such as challeng­ Union - often found his secondary­ government agents. ing the presumed connection between school math and science grades below (3) The only safe mentors of chil­ quantity of money spent on schools 60, and at Princeton he had many dren are certified experts with govern­ and quality of education), Mr. flunks, D's, and C's. "Sometimes," he ment-approved conditioning; children Hechinger became very angry and con- said, "it is the unadjusted student Liberty 33 Volume 9, Number 1 September 1995

struggling to forge his own standards Einstein, and many others that scien­ inaccessible to a motivated elementary who develops within himself the tific discovery is negatively related to student. The sequences of develop­ thoughtfulness to comprehend." Dean the procedures of school science ment we use are hardly the product of Acheson, Harry Truman's secretary of classes. "science"; they are legacies of unstable state, graduated from Groton with a 68 (9) According to research by sociol­ men like Pestalozzi and Froebel, and average. The headmaster wrote to his ogist Christopher Jencks and others, the military government of nineteenth­ mother, "He is ... by no means a pleas­ the quality of the school any student century Prussia from which we ant boy to teach." Einstein, we all attends is a very bad predictor of later imported them. know, was considered a high-grade success - financial, social, or emo­ (17) Delinquent behavior is a direct moron, as were Thomas Edison and tional. On the other hand, quality of reaction to the structure of schooling. It Benjamin Franklin. Is there anybody family life is a very good predictor. is much worse than the press has out there who really believes that (10) Children learn fastest and easi­ reported because all urban school dis­ grades and test scores are the mark of est when very young. General intelli­ tricts conspire to suppress its preva­ the man? gence has usually developed as far as lence. Teachers who insist on justice on (4) Training done on the job is it will by the age of four. Most chil­ behalf of pupils and parents are most invariably cheaper, quicker, and of dren are capable of reading and enjoy­ frequently intimidated into silence. Or much higher quality than training ing difficult material by that age and dismissed. done in a school setting. also capable of performing all the (18) The rituals of schooling reduce If you wonder why that should be, mathematical operations skillfully and mental flexibility, that characteristic consider that education and training with pleasure. Whether or not kids vital for adjusting to different situa­ are two different things, one residing should do these things is a matter of tions. Schools strive for uniformity in a largely in the development of good philosophy and cultural tradition, not world increasingly less uniform. habits, the other in the development of a course dictated by any scientific (19) Teacher-training courses are vision, understanding, judgment, and knowledge about the advisability of held in contempt by most practicing the like. Education is self-training; it the practice. teachers as well as the general public, calls into its calculations mountains of (11) There is a direct relationship because expensive research has consis­ personal data and experience that are between heavy doses of teaching and tently failed to provide guidance to simply unobtainable by any school­ detachment from reality. Many stu­ best practice. teacher or higher pedagogue. dents so oppressed lose their links (20) Schools create and maintain a (5) In spite of relentless propaganda with past and future. And the bond caste system, separating children to the contrary, the American economy with "now" is substantially weakened. according to irrelevant parameters ­ is tending to require less knowledge (12) Unknown to the public, virtu­ poor, working-class, middle-class, and and less intellectual ability of its ally all famous remedial programs upper-middle-class kids are constantly employees, not more. Scientists and have failed. Such programs as Title II made aware of alleged differences mathematicians currently exist in num­ Chapter 1 survive by the good will of among themselves. bers far exceeding any global or political allies, not by results. (21) Efforts to draw a child out of national demand - a condition that (13) There is no credible evidence his culture or background has an should grow much worse over the next that forced integration has any positive immediate negative effect on his fam­ decade, thanks to the endless hype of effect on student performance, but a ily relationships, his friendships, and pedagogues and politicians. Schools large body of data suggests that the the stability of his self-image. could be restructured to teach children confinement of children from subcul­ to develop intellect, resourcefulness, tures with children of a dominant cul­ A Closing Thought and independence, but that would lead ture does harm to the socially weaker There you have them: nine false in short order to structural changes in group. assumptions and 21 assertions I think the old economy so profound that such (14) Forced busing has accelerated can be documented well enough to call a transformation is not likely to be the disintegration of minority neigh­ facts. What can we do to remedy the allowed to happen. borhoods without any visible academic problems that government schooling (6) The habits, drills, and routines of benefit. has caused? After spending 35 years in government schooling sharply reduce (15) There is no reason to believe and around the institution (53 if I initiative and creativity. Furthermore, that any existing educational technol­ count my own time as inmate), the the mechanism of why this is so has ogy can significantly improve intellec­ only way I can see to improve been well-understood for centuries. tual performance. On the contrary, to American education is to put full (7) Teachers are paid as specialists the extent that machines establish the choice back into the hands of parents, but they almost never have any real­ goals and work schedules, ask the let the marketplace redefine schooling world experience in their specialties. questions, and monitor the perfor­ - a job the special interests are incapa­ Indeed, the low quality of their training mances, the already catastrophic pas­ ble of - and encourage the develop­ has been a scandal for 50 years. sivity and indifference created by ment of as many styles of schooling as (8) A substantial amount of testi­ forced confinement in school only there are human dreams. mony exists from such highly regarded increases. Let people, not bureaucrats, deter- scientists as Richard Feynman, Albert (16) There is no body of knowledge mine their own destinies. 0 34 Liberty TechnoloQY- Tools for Taxpayers by Scott J. Reid

The balanced budget amendment is dead. Long live the balanced budget amendment.

At one point during the interminable debate over the Contract with America and its centerpiece, the balanced budget amendment, Sen. Robert Byrd of West Virginia hauled a copy of the Constitution out of his pocket, waved it before the cameras, and melodramatically declared, "This is my, contract with America." In a debate 'characterized by tedious exchanges of political cliches, Byrd's Like all legislated or constitutional dated technology. Starting from the Constitution-waving was the rhetori­ rules binding government, tax-and­ beginning of the Republic, legislators cal high point. expenditure limitation laws (TELs) gradually have found ways of circum­ Ultimately, the House of are tools, or technologies, for control­ venting nearly everyone of the tax­ Representatives passed the amend­ ling undesirable state behavior. A and-expenditure limits (better known ment, but the Senate amended it to constitutionally entrenched balanced as "checks and balances") that the make it unenforceable, then killed it. budget law/spending cap is simply a Founding Fathers designed. Any To supporters of mandatory spending fiscal version of the rules that prevent effort to recapture in American consti­ caps and constitutionally balanced the government from silencing the tutional law the essence of Washing­ budgets, the failure to translate last press, outlawing private ownership of ton and Madison's fiscal constitution spring's political momentum into a firearms,1 or requiring defendants to therefore requires a much more effec­ two-thirds supermajority in the incriminate themselves. The closeness tive TEL than the Contract with Senate seems like a political tragedy. of this relationship becomes apparent America's. In the arms race between In practice, it probably isn't. when one realizes that the taxes and increasingly elaborate limits on gov­ Here's why. The Contract with deficits that TELs seek to limit are ernment spending and increasingly America's balanced budget amend­ themselves technical innovations effective devices for getting around ment is only the latest in a long series developed by governments in order them, the recently deceased balanced of legal limitations on government to circumvent the restrictions the com­ budget amendment was as out of date appropriations and spending to enter mon law and Constitution place on as a Sherman tank. into American public debate, and it the most direct forms of taking: sei­ To understand how to make fiscal certainly won't be the last. An exami­ zure of goods by means of direct constitutions more effective, it helps nation of these proposals reveals that expropriation and seizure of services to know a little about their past. each time the idea comes back, it is a by means of forced labor. Such restric­ Constitutional history in the English­ little bit more thorough in the restric­ tions are characterized by some schol­ speaking world - and also the his­ tions it places on the government. ars as a "fiscal constitution."2 tory of tax-and-expenditure limita­ This latest version was better than the So in a sense, Sen. Byrd is right tions - begins with the Magna Carta. previous one, but probably not good after all in drawing attention to the Before this date, constraints on the enough to deserve to be carved in existing provisions of the Con­ arbitrary appropriations of monarchs constitutional stone - particularly stitution. The Constitution contains were limited to those which could be because this would discourage enact­ numerous restraints on spending and gently urged on them by wise coun­ ing a better, more comprehensive on takings. Unfortunately, it employs sellors, or imposed by means of peri­ amendment. what can only be characterized as out- odic palace revolutions. (Feudalism Liberty 35 Volume 9, Number 1 Se tember 1995

also imposed some constraints on the to consume the entire wealth of the America's Constitutional Convention. revenue-raising and spending powers nation, a body representing the inter­ For this reason, the assumption that of kings, and primitive societies have ests of the rest of society was given the popularly-elected representatives will their own ways of dealing with over­ task of limiting the funds available to overtax and overspend was built into bearing chieftains, but that is, as they the monarch. The control by the legis­ the bicameral structure of nearly every say, a different story.) In some coun­ lature of the "power of the purse" and state constitution. The now-abolished tries, this absolutist stage of history has the nominal retention by the monarchy property requirement to hold a. seat in continued. to exist until very recently; of the spending power remains a com­ many state senates was clearly an one writer has nicely characterized mon feature of parliaments in almost attempt to stack the upper house of tsarist rule in nineteenth-century all surviving constitutional monar­ each legislature with individuals who Russia as autocracy tempered by chies. In Canada, for example, where would be predisposed to reject any assassination. much traditional British practice was excessive taxation measures proposed In this pre-constitutional period, formalized in 1867 and frozen into law by the lower house. those enlightened individuals who in its mid-Victorian form, Section 54 of Even more telling is the constitu­ thought it might be nice to limit the constitution requires that bills pro­ tional stipulation, at the federal level, posing any form of expenditure be that although most legislation may initiated by the queen or her represen­ originate in either house of Congress, tative rather than by one of the houses spending measures must be initiated in In the arms race between of Parliament. the House of Representatives. If the increasingly elaborate limits on As long as kings were able to retain House were to assume the role of the government spending and in­ their role as the initiators of all spend­ king, then the Senate would assume ing measures, parliamentary control the (now-abandoned) role of restrain­ creasingly effective devices for over revenue-raising measures worked ing the House. In Canada, this getting around them, the tolerably well. Kings were still profli­ assumption is etched out even more recently deceased balanced gate, but they had to be profligate with clearly: not only must spending bills budget amendment was as out less. It is a matter of record that China's originate in the House of Commons dowager empress, who was unre­ (after their initial proposal by the ofdate as a Sherman tank. strained by any parliamentary over­ queen), but the Senate is semi-officially sight, and England's Charles II, who designated as the chamber of "sober could only spend what Parliament second thought." Leviathan's appropriations and spend­ gave him, each used the greater share To judge by the generally re­ ing were forced to focus their efforts of moneys intended for their nations' strained fiscal behavior of America's on insinuating themselves into the respective fleets to purchase corporeal court of the nearest king, so that they delights. But whereas Tzu Hsi could whisper sentiments of modera­ destroyed the economy of a great The balanced budget amend­ tion into his ear. Confucius and his dis­ empire, King Charles' rapaciousness ciple Mencius spent most of their adult was limited by the size of the budget ment is only the. latest in a lives wandering through the kingdoms that Parliament turned over to his care. long series of legal limitations of ancient China, looking for local As a result, his greed had little more on government appropriations sovereigns willing to consider con­ effect on England's well-being than the structive alternatives to rape and pil­ extravagant congressional pension and spending to enter into lage. Likewise, Plato travelled twice plan has on the economic prosperity of American public debate. from Athens to Sicily in the futile hope the United States. of providing decisive counsel to King Control over the raising of revenue Dionyisus II of Syracuse, and Aristotle eventually translates into control over federal government through its first tutored the young Alexander of the manner in which it is spent. In century, bicameralism seems to have Macedonia, thereby earning himself a Britain the transformation from monar­ been a very effective anti-spending lifetime sinecure as the head of his chical to parliamentary control over technology. Margaret Bayard Smith's own university. Normally, as Plato dis­ expenditures was largely complete by 1906 observation that senators behave covered, such advice fell on deaf ears. the end of the eighteenth century. The toward one another primarily by There was the odd success, as illus­ power to win friends and influence "falsehood, deceit, treachery"3 sug­ trated by the enlightened reigns of people by dispensing largess proved to gests that the all-pervasive logrolling King Asoka in India and Marcus be a powerful countervail to the tradi­ that characterizes the modern Senate Aurelius in Rome. But in general, tional wrath of the electorate against was not established until after the meaningful changes did not take place legislators who consented to higher bicameral system was over 100 years in any country prior to the local ver­ taxes. The pattern of interest-group old. That things have changed over the sion of Runnymede. pressure and legislative overspending course of the past 89 years is indicated The earliest form of TEL, therefore, that continues to this day was well­ by Robert Axelrod's observation, in was the creation of a parliament. To established, both in Parliament and in The Evolution of Cooperation, that "For restrain the natural tendency of kings the colonial assemblies, by the time of me, a typical case of the emergence of 36 Liberty Volume 9, Number 1 Se tember 1995

cooperation is the development of pat­ Direct TELs make no assumptions debt exceeding their ability ever to dis­ terns of behavior in a legislative body about the redeemability of politicians charge. If this be a just remark, it is such as the United States Senate."4 or about the ability of citizens to play unwise and improvident to vest in the Axelrod cites the gradual development one group of politicians off against general government a power to borrow of the Senate's "folkways" that permit another. They simply make overspend­ at discretion, without any limitation or vote-trading as a paradigm for the cen­ ing illegal. The philosophy of direct restriction."7 tral theme of his book. limits was summed up tidily by The Constitution itself did not limit Other procedural restraints on Proposition 13 initiator Howard Jarvis: either debt or spending, but its ban on potential overspenders were imple­ "The bastards can't spend what they direct taxation placed an effective mented in the early days of the don't have." restraint on revenue-raising capacity. Republic or introduced over time. In The direct approach raises mixed This had the practical impact of limit­ the early days, governors were typi­ feelings in some observers. One ing both the ability to spend and the cally elected only for very short peri­ contemporary comment on Jarvis' ability to repay large debts. This was a ods and given only limited powers. tight limit by today's standards, butnot Later, when it became clear that bicam­ enough to satisfy Thomas Jefferson, eralism was starting to fail, gubernato­ The Constitution contains who wrote to John Taylor in 1798 that if rial powers were increased in the hope an amendment forbidding deficit thatgovernors would act as a check on numerous restraints on spend­ spending were made to the Con­ free-:-spending state legislatures. The ing and on takings. Unfor­ stitution, "I would be willing to line-item veto, also a part of the tunately, it employs what can depend on that alone for the reduction Contract with America, is the latest only be characterized as out­ of the administration of our govern­ innovation in this game. ment to the genuine principles of its Line-item vetoes may be successful dated technology. constitution."8 to some degree in derailing the con­ TEL advocates frequently quote gressionallogrolling machine. A realis­ Jefferson's letter nowadays, but his tic guess, however, is that its main philosophy was that it was "Neander­ suggestion had no short-term practical effect at the federal level will be the thal in its sophistication, merciless in impact. Debt limits were forgotten same as it has been in the states: it will its application," but also that it was until the mid-nineteenth century, when transform the executive into a sort of effective: "Uarvis'] strategy is to limit reformers added them to most state one-man third house of Congress, revenues to a level that the electorate constitutions after overspending on thereby increasing his powers in the deems appropriate and then let the canal and railroad construction caused logrolling game. If vote-trading (or government officials work it out from a rash of state and municipal bond veto-trading) is more rewarding to the there. The fact that this might be the defaults. By the end of the century, occupant of the White House than the only thing that works is a sobering nearly every state had amended its electorate's perception of him as a thought."6 Of course, one could just as constitution either to eliminate state brake on spending, the line-item veto easily argue that the first ten amend­ 5 and local borrowing entirely or to limit will prove ineffective. ments to the Constitution are the prod­ it to fixed-dollar amounts that rapidly Term limits are another procedural uct of the Neanderthal insistence of the became negligible as the population restraint on overspending. Judging Virginia House of Burgesses that the ballooned and commerce expanded. So from the results of the 1994 midterm Constitution spell out the areas off­ thorough were these bans on deficit elections, they seem to be even sexier limits to the federal government, rather spending that by the 1890s state and than line-item vetoes. Although there than relying exclusively on the more municipal debt was regarded as a mat­ appears to be some truth to the conten­ sophisticated set of checks and bal­ ter of purely historical interest. At the tion that elected legislators become ances dreamed up at Philadelphia. federal level, debts accumulated more profligate as the number of terms Popular pressure in they serve increases (in The Culture of favor of direct limits on Spending, political scientist James Payne claims to have developed a sta­ federal spending can be tistical measure of this phenomenon), traced back to a time term limits are still too new to assess before there was any fed­ their effectiveness as a means of con­ eral spending, to the con­ trolling spending. stitutional debates of the Procedural changes such as term 1780s. "Brutus," one of limits and line-item vetoes are indirect the leading Anti­ methods of limiting spending, Federalist pamphleteers, designed to impede overspending by wrote in 1787, "I can reducing politicians' incentives to over­ scarcely contemplate a spend. But of course the Contract with greater calamity that America's balanced budget amend­ could befall this country, f>~I•• "The premiums are high because you're in a high-risk ment employed a direct approach. than to be loaded with a profession." Liberty 37 Volume 9, Number 1 Se tember 1995

during the Civil War were rapidly paid to deal with "the exigencies of the Second, and more important, in the down with revenues from the coun­ Great Depression."lo In 1940 the ceiling first two decades of the postwar era try's extremely high tariffs, while defi­ was raised again, and in 1945 Congress America experienced such a surge of cits remained small of their own set it at the "permanent" level of $300 economic growth that it became possi­ accord and were regularly balanced by billion, which was raised "temporar­ ble to increase government spending at surpluses. ily" by another notch with each budget a rapid rate within the confines, more The eventual overthrow of this debate of the 1950s and 1960s (and or less, of a balanced budget. Had it equilibrium at the federal level after "permanently" again in 1959 and been possible to maintain these growth World War IT is a well-known story. 1967). The Budget and Impoundment rates into the 1970s,' the illusion of fis­ However, things had started to Control Act of 1974 and Gramm­ cal moderation would have been main­ unravel at the state level far earlier. Rudman-Hollings are merely the best­ tained even longer. Almost immediately after the states known of a long list of statutory limits But the 1970s were not a period of amended their constitutions to prohibit that have had precisely no effect on economic growth. The economy stag­ public debt, politicians began to seek government spending. nated while government spending con­ out ways to circumvent them without Debt limit laws themselves evolved tinued to soar. Popular frustrations violating the letter of the law. The tech­ into pork-barrel legislation. The low with overspending grew, launching a nology that finally did the trick was point was probably reached in 1982, new wave of demands for direct limita­ the "off-budget enterprise" (OBE). when senators added more than 1,400 tions on deficits, taxation, and expendi­ OBEs were initiated by government tures at both the federal and state but were to be financed - on paper at levels. This wave, which culminated least - by revenues generated by their with the passage of Proposition 13 in Legislators have found ways 1 operations, rather than tax revenues. California and Proposition 2 / 2 in As James Bennett and Thomas of circumventing nearly every Massachusetts, lasted from 1973 (when DiLorenzo explain in their comprehen­ one of the tax-and-expenditure Ronald Reagan's comprehensive TEL, sive book on OBEs, Underground Proposition 1, failed to win the Government, limits (better known as U checks approval of a majority of California Because the taxpayer is not deemed and balances") the Founding voters), until about 1983. 13 During this to be liable for the financial obliga­ Fathers designed. period, voters in five states were suc­ tions of OBEs, voter approval is not cessful in initiating TELs and constitu­ required for the debt issued by such tionally imposing them on their organizations and, more impor­ governments, while the legislatures in tantly, debt restrictions do not ap­ nongermane amendments to that more than a dozen other states ply.... No great feat of logic was year's debt limit bill in response to adopted statutory TELs or prepared required to establish a separate cor­ Majority Leader Howard Baker's constitutional TELs for voter approval, porate entity to issue bonds and, promise that it could be used "as a simultaneously, to escape the bor­ usually with the intent of derailing vehicle for pet legislation that had been rowing restrictions that had been more stringent petition-driven imposed on the unit of government bottled up all session."ll After this measures.14 that had created the corporation.... embarrassment, it was agreed that These were the first pieces of legis­ By superimposing separate corpora­ henceforth legislators would have to lation to be called "tax-and­ tions on a political jurisdiction, poli­ find other bills to which to attach their expenditure limitations." As the label ticians could effectively multiply the pet projects. But by 1987, the omnibus makes clear, these new technologies debt limit, even if the debt limit is idea had emerged in a new form, with were intended to be far more compre­ applied to each corporation.9 Congress submitting a single vast hensive than any direct restriction pre­ The first such district (the Kennebec spending bill to President Reagan in viously imposed by a state fiscal Water District) was created by the city place of a number of smaller appropri­ constitution. Typically, TELs of this of Waterville, Maine, in 1899, follow­ ation bills, thereby "essentially daring generation limited legislatures' ability ing a court battle over the legality of him to veto them and shut down much to raise taxes or increase expenditures this clear violation of the spirit of the of government."12 faster than the rate at which the state's state constitution. In the ensuing years, The brief illusion of stability that gross domestic product was growing. debt limit laws gradually lost all mean­ statutory debt limits seemed to bring Legislated TELs from the Prop­ ing, though they remained on the in the early postwar era was actually a osition 13 era have proven to be so full books in most states. product of two factors completely of loopholes as to be completely mean­ At the federal level, statutory limits unrelated to the laws themselves. First, ingless, and constitutional TELs seem on debt were first imposed in 1917, as the appropriations committees of both to have had a only minimal impact on part of the Second Liberty Loan Act. houses, as well as the Senate's Finance spending levels. Reports published in The complete failure of the legislated Committee and the House Ways and the 1980s and early 1990s repeatedly limit as a restraint on spending was Means Committee, were dominated by arrive at the same depressing conclu­ quickly demonstrated, as Congress curmudgeonly old chairmen who sion: "[TELs have] resulted in virtually adjusted the debt limit upward to $43.5 didn't care for new-fangled deficit­ no success in limiting growth in their billion in 1921 and higher still in 1931 promoting Keynesian ideas or policies. budgets" (Dale Bails, 1990); "For most 38 Liberty Volume 9, Number 1 Se tember 1995

states, TELs have not been a constraint matching grants. of the tax revolt of the late '70s and on growth in taxing or spending" Some TELs allowed legislatures to early '80s, and contains the weak­ (Daphne Kenyon and Karen Benker, control and periodically rewrite the nesses normally found in tax limita­ 1984); "By and large, the behavior of accounting rules by which they were to tions of that generation. Conspicuous the [spending] cap states has been sim­ be judged; some excluded vast sections by their absence are the innovations ilar to that of noncap states." Games of the total budget from limitation. that have been added into the latest Cox and David Lowery, 1990). The Marcia Howard, research director at generation of tax-and-expenditure lim­ most optimistic study concludes that the National Association of State its, such as the voter approval require­ less than half of the TELs of this gener­ Budget Officers, notes that "on aver­ ments for expenditure increases, ation have succeeded in keeping age, approximately 44% of state­ provisions making a violation of the spending increases significantly lower appropriated funds are excluded from TEL actionable in a court of law, and than they would otherwise have been tax or expenditure limitations."18 The - and even in these states, the effect most extreme case is Oregon, where in was only temporary, lasting on aver­ 1989, 71% of the funds in the state bud­ age for around four years. 15 get were exempted from the limits So thorough were the states' Their failure can best be explained imposed by the state TEL. There was bans on deficit spending that by way of metaphor. TELs are no state in which less than a quarter of by the 1890s state and munici­ intended as a sort of dam behind the budget had been exempted from which private wealth can accumulate the TEL. pal debt was regarded as a mat­ free from government appropriation or This kind of loophole is the equiva­ ter of purely historical interest. control. The quantity of water that can lent of a hole in the dam. accumulate in the reservoir behind the The taxpayers' revolt of the late dam depends on two factors. 1970s and early 1980s produced no mechanisms for punishing elected offi­ The first is the height of the dam. concrete results at the federal level, but cials who have violated the spending TELs from the 1970s and early 1980s it did produce a series of proposals for limit. Such measures have been typically limited state expenditures to a constitutionally-entrenched federal adopted or are under consideration in a percentage of state wealth, as meas­ TEL. Most of these proposals suffer Colorado, Washington, Oklahoma, and ured by Gross Domestic Product, per­ from the same flaws as the state-level Nevada, and in the Canadian prov­ sonal wealth, or some other yardstick. TELs of the period, so it is probably inces of Manitoba and Ontario. One This was an easy target to meet, given just as well that none of them was 19 particularly important provision that is that taxes in many states had already adopted. Even some of the authors of almost certain to be written into the approached levels at which the politi­ these proposals seemed uncertain as to next version of the federal TEL will be cal cost, in terms of taxpayer backlash, whether their efforts would produce an anti-offloading provision forbid­ from any additional revenue increases positive results. In 1982, for example, ding the federal government from Alvin Rabushka expressed the rather requiring states or municipalities to vague hope that the TEL he was then undertake tasks they cannot afford promoting would establish "a focus The earliest form oftax limi­ within the constraints of its constitu­ upon two or three critical votes each tional spending limits. Such a provi­ tation was the creation of a year relating to the total level of taxa­ sion exists already in the state parliament. tion or the size of the deficits, in place of the present piecemeal focus on hun­ constitutions of Colorado and Missouri dreds of separate spending measures," (with regard to offloading expendi­ outweighed the political benefits of thereby "enabl[ing] the electorate to tures onto county and municipal gov­ increased spending.16 A 1989 review of better identify those members of ernments), and its absence from the the impact of TELs notes that in 16 of Congress most responsible for higher Contract with America's TEL was the the 19 states studied, the revenue limit levels of spending, taxing, and defi­ object of much concern last spring. set in place by the state TEL was solen­ cits."2o The likelihood that such a meas­ This improvement, in itself, makes the ient that it had always exceeded ure would reduce expenditures can be delay in the adoption of a balanced appropriations.17 surmised from the unimpressive per­ budget amendment worth the wait. So in a sense, the dams were built formance of Britain, Canada, Australia, Bringing the federal-level TEL up to too low. and other countries that have based par with the present generation of state­ Second, most TELs - particularly their entire political systems on level TELs will be an important step, the ones passed by state legislatures­ accountability. but even this represents merely a stage included elaborate mechanisms for set­ Although it incorporates some in the long struggle to develop a ting aside the normal limitations in the more recent innovations, such as a flat­ responsible fiscal constitution. One of event of emergencies, or for purposes rate ceiling on government expendi­ the most important developments in that were judged. too important to be tures rather than a ceiling that is meas­ the Prop 13-era tax revolt was an out­ regulated by mere considerations of ured as a percentage of GDP, the pouring of intellectual publications on cost, such as education, fulfilling fed­ Contract with America's balanced bud­ the concept of TELs and of fiscal consti­ eral mandates, and obtaining federal get amendment is essentially a product tutions in general. The studies and Liberty 39 Volume 9, Number 1 September 1995

theoretical essays authored by limitation on direct expenditures will but also what the limit on such expendi­ Rabushka, Aaron Wildavsky, and oth­ serve merely as a minor impediment to tures shall be. Every runaway taxation ers21 have not only laid the intellectual the powers of the state. Nearly as effort or spending project, from the framework for the latest generation of important are limitations on govern­ Sixteenth Amendment to Medicaid, has TELs, but also noted the substantial ments' ability to make loan guarantees. been enacted with a promise that additional restraints that will have to Without restraining these indirect expenditures would be modest. A con­ be adopted before Leviathan is truly methods of spending, there will be stitutional requirement that spending tamed. nothing to prevent governments from under any act be limited to the amount Among these measures is a limit on creating new off-the-book deficits just appropriated when the law was passed Congress' power to require individuals as big and nasty as the existing Social would reduce the number and the to undertake economic functions with~ Security debt. severity of any new out-of-control enti­ out regard to cost. This is the equiva­ The most promising new proposal tlements or taxing authorities. lent, at the personal level, of the issues from James Buchanan and A balanced budget and spending unfunded mandates Washington Geoffrey Brennan. They recommend cap amendment would be a real step imposes on lower levels of govern­ that each act of Congress should state forward. But this particular road never ment; as long as this power exists, any not only what is being spent and where, ends. (J Notes:

1. In Canada, where I live, the government is The Writings ofThomas Jefferson (E.G. do that by themselves." On the other in the process of enacting one of the most Putnam's Sons, 1904), p. 481. hand, the revenue and expenditure limita­ restrictive gun laws on Earth. No compen­ 9. James Bennett and Thomas DiLorenzo, tions were occasionally triggered. Howard sation is being offered for the millions of Underground Government: The Off-Budget notes that revenue limits had been trig­ weapons that will eventually be confis­ Public Sector (Cato Institute, 1983), pp. 35­ gered in California, Oregon, and cated, which points rather strongly to the 36. Massachusetts by 1989, with the result need, north of the border, for a version of 10. This is the phrase used by Linda that some tax revenues were refunded to the Fifth Amendment. Kowalcky and Lance LeLoup in taxpayers, and that expenditure limits had 2. See, for example, Kenneth Dam's article, IICongress and the Politics of Statutory been triggered in Colorado, California, "The American Fiscal Constitution," The Debt Limitation," Public Administration Oregon, Rhode Island, and Tennessee (p. University ofChicago Law Review, Winter Review 53:1, January/February 1993, p. 15. 86). Likewise, Michigan's revenue limit 1977. W. Craig Stubblebine has observed 11. Ibid., p. 23. was triggered in the 1993-94 fiscal year, II forcing the state to find some way to of the fiscal constitution that the central 12. Uhler, op cit., p. 48. concern is not ... whether we should have refund taxpayers an average of $65 per 13. Writing in 1989, Marcia Howard notes such limits, but whether the provisions capita before September 30,1995. See that all but two of the 19 TELs then in now extant in the Constitution will be Oscar Suris, IIMichigan Residents May Get force had been adopted prior to 1983. The modified by new language." W. Craig Unexpected Reduction in Taxes," The Wall only exceptions were a revenue-limiting Stubblebine, IIBalancing the Budget versus Street Journal, January 10, 1995. TEL adopted in Massachusetts in 1986 and Limited Spending," in W.S. Moore and 17. Ibid., p. 86. a revenue-limiting TEL adopted in New Rudolph Penner (eds.), The Constitution Mexico in 1987. See Marcia Howard, 18. Ibid., p. 87. and the Budget: Are Constitutional Limits on IIState Tax and Expenditure Limitations: 19. Proposals from this period include the Tax, Spending and Budget Powers Desirable There is No Story," Public Budgeting and Heinz-Stone spending limitation amend­ at the Federal Level? (American Enterprise Finance 9:2, Summer 1989, p. 83. ment (1979) and Senate Joint Resolution 58 Institute, 1980), p. 50. 14. For a list of these measures, including the (1981), both of which were endorsed in 3. Quoted in Robert Axelrod, The Evolution of manner of initiation and adoption, see turn by the National Tax Limitation Cooperation (Basic Books, 1984), p. 5. Dean Stansel, IITaming Leviathan: Are Tax Committee, and proposals authored by 4.' Ibid. and Spending Limits the Answer?" Cato William Niskanen and Aaron Wildavsky. 5. This is not to rule out entirely the benefi­ Institute Policy Analysis #213, p. 16. See (among others) Alvin Rabushka,"A cial effects of the line-item veto. Lewis 15. Barry Poulson, lithe Rules of the Game: Compelling Case for a Constitutional Uhler reports that a 1981 report prepared Designing a State Fiscal Constitution," in Amendment to Balance the Budget and by the Advisory Council on Intergovern­ John Berthoud and Samuel Brunelli (eds.), Limit Taxes," in Richard Wagner, Robert mental Relations found that IIthere is a The Crisis in America's State Budgets: A Tollison, and John Noonan (eds.), Balanced [statistically] significant relationship Blueprint for Budget Reform (American Budgets, Fiscal Responsibility and the between the magnitude of the governor's Legislative Exchange Council, 1993), p. Constitution (Cato Institute, 1982), pp. 55­ veto activity and lower levels of state 133. 83; Aaron Wildavsky, How to Limit spending." See Lewis Uhler, Setting Limits: 16. Marcia Howard writes the following (op. Government Spending (University of Constitutional Control ofGovernment cit., p. 89): IIFor revenue systems as a California Press, 1980), pp. 127-133. (Regnery Gateway, 1989), p. 161. whole, the percent of state personal 20. Rabushka, Ope cit., p. 81. 6. Both Jarvis and the contemporary com­ income accounted for by tax revenue has 21. Probably the most important work to mentator are quoted in Stubblebine, Ope grown. When corrected for recession­ come from this period was James cit., p. 52. related tax increases from 1983 to 1984 Buchanan and Geoffrey Brennan's The 7. Quoted in William Irvine, II'Brutus': Anti­ and federal tax reform in 1986, however, Power to Tax: Analytical Foundations ofa federalist hero," The Wall Street Journal, taxes as a share of income have remained Fiscal Constitution (Cambridge University February 6, 1987. relatively constant. This suggests that Press, 1980), inwhich they developed the 8. Thomas Jefferson, letter to John Taylor, TELs may not be needed to keep state theory of the revenue-maximizing November 26, 1798, in Paul L. Ford (ed.), spending under control; state tax systems IILeviathan" state. 40 Liberty Assessment Auditing the Income Tax by Pierre Lemieux

"Progress = Regress": welcome to the wonderful world of the income tax.

A resident of, say, Butte, Montana, who earns $14,000 per year must surrender 15% of his income to the United States Treasury and another 6% to the State of Montana. His neighbor who earns $62,000 must surrender 340/0 of his income to the federales and another 110/0 to his state. In other words, the person who earns $15,000 must work for his state and federal governments for 10.4 weeks to show not only that there is no eco­ cost, or "deadweight loss," of taxes. per year, while a person who earns nomic justification for progressivity, There is less to redistribute because $60,000 must work for his govern­ but that there exists a strong moral taxes dampen incentives to produce ments more than twice as long - a and political case against any tax lev­ and consume more valuable goods total of 23.4 weeks per year. ied as a function of income. and services. This of course applies to Such discrimination is not always To understand the economic argu­ income taxation, which reduces the apparent in other demands that gov­ ment against progressivity, one must price of leisure relative to other goods ernments make on their citizens. first grasp the difference between a (bought with income). The standard There has never been a provision real cost and a mere transfer. Since economic case in favor of income tax­ requiring young men with high some individuals necessarily receive ation is that it is less distorting, more incomes - say, the gigantic gifted more in government services than "neutral," than other kinds of taxes, athletes of the National Basketball they pay in taxes, taxation operates because it hits more equally all eco­ Association - to be conscripted into transfers among individuals. Standard nomic activities. While personal military service for four years, while economic theory does not have much income taxes only exclude leisure, less affluent young men be drafted for to say about transfers, for it assumes payroll taxes discriminate against sal­ only two. Nor have the courts forced that the "marginal utility of income" is aried employment, consumption taxes high-income individuals to serve the same for all individuals, Le., that favor savings, etc. longer terms as jurors. The taxes everybody's last dollar is worth the embedded in the price of every gallon same in terms of utility (satisfaction). The Economic Case of gasoline, every bottle of wine, and As non-voluntary and recurring Against Progressivity every cigarette are the same for the transfers, though, taxes carry a real Progressivity increases the income rich as for the poor. The postage economic cost over and above the tax's welfare cost and cancels at least stamp sold by Canada Post costs 43¢ transfers they operate. The price of a part of its less distorting effects on rel­ - many, many times more than an e­ good (or service) hit by a tax will ative prices. An income tax levied at mail message - whether its buyer is increase compared to other goods. one single constant rate would still wealthy or indigent. Individuals will consume less of the reduce the remuneration of work and Does discrimination become "pro­ former and more of the latter. By dis­ the price of leisure, and would still gressive" when applied to an income torting relative prices, taxes incite generate welfare costs, but less than tax, or is it merely the majority's way people to substitute goods that bring progressive rates would. For if a gov­ of forcing the better-off minority to less utility for goods they actually pre­ ernment wishes to raise the same pay a disproportionate amount of the fer. This net utility lost - or its amount of taxes with progressive cost of government? My intent here is money value - is called the welfare rates as with a constant rate, it will Liberty 41 Volume 9, Number 1 Se tember 1995

have to compensate for lower rates at for any given individual, the marginal complex tax system, with high admin­ the bottom of the income scale with utility of income decreases as he gets istrative and compliance costs.3 These higher rates at the top. These higher more of it. But the difficulty lies in efficiency costs of tax discrimination rates will have a negative effect on comparing utility across individuals. are likely to be higher than any of its work incentives and thus increase the Utility is subjective and cannot be uncertain benefits. welfare cost of taxation. measured, so the objection is impossi­ The standard alternative to the high The only way that substituting a ble to prove or disprove. Moreover, economic costs of a graduated income progressive tax for a flat tax could one's intuition is not independent of tax is the "flat tax," which would tax reduce the welfare cost of taxation (for one's own preferences. It may be true all incomes at the same rate. In the a given level of government revenues) that one less Havana cigar for a rich U.S., this idea has been in the air since is if the low-income earners were to man is worth less than a two-day milk the '80s, and some proposals actually react to lower marginal rates by supply for a poor man's child. But before Congress would replace the what if the poor man buys a case of existing schedule with a single margi­ beer and the rich man a recording of a nal rate of 17% or 19%, designed to be There has never been a pro­ Bach harpsichord concerto? Faced with "revenue-neutral," i.e., to bring the these and similar considerations, the same revenues into the government's vision requiring young men welfare economist usually assumes coffers. with high incomes to be con­ that the marginal utility of income is One problem with a flat tax is that scripted into military service the same across individuals. This it will be tempting for government to assumption may not be more satisfac­ inflate it again. Look at the record. The for four years, while less afflu­ tory. than an accounting convention, U.S. federal income tax was introduced ent young men be drafted for but it at least embodies the fundamen­ in 1913, with rates ranging from 1% to only two. tal axiom that "Each man counts for 6%. World War I rapidly brought the one, and that is that," as James top marginal rate to 77%. It shot up to Buchanan puts it.2 94% during World War II, and was still A more subtle economic argument 92% in 1952-53. John Kennedy ini­ increasing their supply of labor more for discriminatory taxes is that if the tiated a reduction to 70%. The top rate than the high-income earners were to government knew all individuals' pref­ then seesawed between 77% and 50%, reduce theirs. This is unlikely, though, erences, it could impose higher taxes on until Ronald Reagan's reforms for the high-income earners probably those whose behavior is less responsive replaced the 11%-50%, 15-rate sched­ do not value leisure less than low­ to relative prices - those, for example, ule with a three-tier structure: 15%, income earners. Those subjected to the less inclined to reduce their work after largest disincentive effects are likely to being taxed higher. But if the govern­ be the most productive. Indeed, it has ment could graduate an individual's When free to exert tax dis­ been estimated that the welfare cost of income tax according to his subjective one dollar raised through the actual demand for income (and conversely lei­ crimination, Leviathan is in a income tax system could be as high as sure), the ideal schedule to minimize position to levy the highest $0.38, and that the shift to a constant disincentives would be a regressive rates against those subjects marginal rate would raise GDP by 3%, one, i.e., from the highest marginal rate or nearly $750 per person.! for the first hour of income-earning who are least likely to respond A progressive income tax is dis­ activities to lower rates as the marginal to the disincentives of the tax criminatory as it imposes differential utility of income decreases. system. burdens on different individuals. Now, So it may be that optimal discrimi­ this is not true if (contrary to what we nation would actually require regres­ have assumed thus far) the marginal sive taxes. Such a system would be 28%, and 330/0. George Bush and Bill utility of income is lower for the rich politically unacceptable, of course. Clinton have since added 310/0, 36%, than for the poor. Then, one more tax Moreover, tax discrimination carries and 39.6% rates. dollar imposes a higher utility loss to economic costs of its own, over and But a flat income tax that remains the poor than to the rich. There is a net above the welfare costs considered ear­ flat would certainly be less discrimina­ loss, and a real economic cost, in non­ lier. In the real world of majoritarian tory and less costly than the present discriminatory taxes. Consequently, democracy, as opposed to the benevo­ system. The problem with income taxa­ argue the supporters of tax discrimina­ lent-despot model of the state, coali­ tion, though, is much deeper than its tion, tax equality in terms of utility lost tions of taxpayers will try to get on the narrow economic aspects and, I am requires taxing the poor less than the right side of discrimination. This rent­ convinced, not amenable to such a sim­ rich. seeking means that they will invest ple solution. This argument does have some real resources (time, political contribu­ intuitive appeal, if only because an tions, lobbying, etc.) that could have The Moral Curse individual experiences that, for himself, been used for producing wealth of Redistribution a dollar is worth more when he is poor instead of merely transferring it. Tax The moral case for an income-based than when he was rich. In other terms, discrimination will also generate a tax is closely related to the assumed 42 Liberty Volume 9, Number 1 Se tember 1995

desirability of redistributing income to certainly provide help. But suppose it public means, is logically distinct from the poor. Of course, even a flat rate is not sufficient? the purpose of equalizing incomes. The would make the distribution of income In such a case, a distinction can be argument from need calls for indirect, more equal. As we saw, the economist made between "direct" (or intentional) not direct, redistribution. If the only does not have much to say about and "indirect" redistribution. Direct tax levied were a head tax, indirect income redistribution, except to the redistribution aims at a more equal dis­ redistribution would ensue from the extent than the process generates real tribution of income. Indirect redistribu­ way the moneys are spent. Income tax­ economic costs. If$100 were to be taken tion, on the contrary, is just a by­ ation, then, is not required. Indirect from all women and redistributed product of other actions, without any redistribution is accomplished by the among all men in a one-shot, lump­ grand view to flattening income distri­ expenditure side of state activity. sum, and non-recurrent manner, there bution. While direct redistribution vio­ would be no welfare cost. From an ethi­ lates individual rights, indirect Maximizing Social Welfare cal point of view, though, such redistri­ redistribution cannot be disentangled Modern utilitarians justify redistri­ bution would certainly be questionable. from most voluntary relations, nor bution with the goal of maximizing Transfers are not morally neutral. total utility (or "social welfare"). Since One argument for redistribution it is impossible to quantify individual proceeds from the notion of need: One less Havana cigar for a satisfactions, let alone calculate their some people's needs are not satisfied rich man is worth less than a total, utilitarians fall back on the con­ on the market, while other people earn cept of the "social welfare function," more money than they need. But how two-day milk supply for a poor which embodies society's preferences do we measure need? Any definition man's child. But what if the as regards the distribution of utility - in terms of basic or primary needs, poor man buys a case of beer among individuals. The argument is for example - is necessarily arbitrary often couched in terms of the "trade­ and a function of time and place. and the rich man a recording of off between efficiency and equity." Otherwise, it would be a matter of jus­ a Bach harpsichord concerto? Because of the welfare cost of taxation, tice for poor Americans to be coerced redistributing income will move soci­ into making transfers to even poorer ety under its efficiency frontier. But people across the planet. from production of "needed" public even with this efficiency loss, people Assessments of need are common goods. If the minimal state's police might still prefer the new distribution in voluntary relations: when I give $10 spend more resources protecting more to more efficient but more unequal to my son, I judge that he needs it vulnerable individuals, this is indirect outcomes. more than I do. But the more removed redistribution. Or consider a private The main analytical problem with we are from close personal relations or hospital whose bad debts from poor the social welfare function is that it voluntary charity, the more uncertain patients are indirectly financed by does not exist. Society is not a superin­ the assessment is. Redistributing higher prices charged to paying cus­ dividual with a mind capable of har­ according to need across what Hayek tomers. Indirect redistribution does boring preferences. Political processes calls the "Great Society" requires arbi­ have the side effect of making utility (or any other processes, for that mat­ trary appraisal and coercive action. somewhat more equal, but such is not ter) are demonstrably incapable of con­ Yet, the idea that some needs have its goal. solidating individual preferences into priority over others cannot be summar­ In other words, setting an income anything like an unambiguous, consis­ ily dismissed. From the point of view or utility floor, by whatever private or tent utility function. 4 of human accomplishment, the needs of a hungry child have priority over the swimming pools of the rich. Even the advocate of the minimal state Ff\d"1 €4£H ~(om>1N'6 ~ A f'AT AS"~ 10 EACH Jl((ORDIN ( wants to have his property rights pro­ 10 ijIr 1\8'LIlY) WAfHlft/rtaN 10 ,., 'r NrEJ)( . tected more than his other wants ful­ filled. And the anarchist would argue ~ UKfJ\Vl'RA-17". . that people need to be freed from gov­ ernment more than they need electric toothbrushes. Of course, the more we move away from the most basic requirements of human accomplish­ ment and social life, the fuzzier and the more conflictive the needs argument becomes. Let's avoid drawing the line, and just say that some needs may have priority over others, that people in dire need (either for protection or food) should be helped. Private charity will Liberty 43 Volume 9, Number 1 Se tember 1995

Moreover, as powerfully argued by right to get where the getting is wrote Adam Smith, "ought to contrib­ Bertrand de Jouvenel,5 there is a bla­ good."6 More to the point, one is ute towards the support of the govern­ tant inconsistency between the objec­ reminded of Willie Sutton's famous ment, as nearly as possible, in tive of maximizing social utility explanation of why he robs banks: proportion to their respective abilities; through redistribution, and any post­ "Because that's where the moneyis." that is, in proportion to the revenue redistribution intervention. Suppose which they respectively enjoy under government has redistributed income Contractarian Redistribution the protection of the state."s The idea to maximize social utility. If income is Another argument for redistribu­ that one benefits from the state's exis­ redistributed from the rich to the poor, tion lies in contractarian equity or fair­ tence in a way that is proportional to making everybody middle-class, ness. All individuals unanimously one's income probably explains why so demand for high-income goods and agree to redistribution at some ficti­ many classical liberal thinkers accept services (say, sports cars, classical con­ tious constitutional stage - "under the proportional taxation as non­ certs, or Ivy League educations) will veil of ignorance," as John Rawls puts discriminatory and just. fall, while demand for middle-taste it. It is in each individual's interest to In the context of voluntary goods (family sedans, baseball games, make sure that he cannot fall to the exchanges, prices of goods and ser­ self-help books) will rise. Now, the bottom of a very unequal distribution vices generally bear no relation to the same people who argue for income of income. buyer's (or the seller's) income. redistribution in order to increase Parties to this social contract are Suppose a grocer offers you the follow­ social utility are also likely to propose very convenient creatures: Rawlsians ing deal: "When you purchase a pound that the state then support these very of beef, I will charge a price equal to activities - education, the arts, urban XO/o your income." ("And here is the renovation, etc. - that will decline One is reminded of Willie beef-income report to be filled each absent a wealthy class. Sutton's famous explanation of year.") Perhaps you will accept if XO/o If the state has to intervene to sup­ amounts to less than the fixed prices port what the rich were financing why he robs banks: "Because offered by competing grocers; other­ before redistribution, that means that that's where the money is." wise you will decline, or put an end to social welfare was higher before. And the deal when your circumstances then income redistribution did not change. The fact that everybody rea­ increase social welfare as claimed. It can mold their preferences (risk aver­ sons the same way explains why gro­ will not do to reply that state financing sion, for instance) to get any redistribu­ cers do not make such offers. If the will equalize access to what was for­ tive outcome they like. You wouldn't state is considered a voluntary institu­ merly the preserve of the rich, for gov­ know it from reading Rawls, but the tion created by a social contract, why ernment will certainly not be able to social contractors might not be com­ would the contracting parties to be any produce more with the wealthy's pletely ignorant of the costs and bene­ more sympathetic to this method of money then the latter's demands were fits of political society. Negotiating settlement? After all, they are also the bringing on the market. The difference behind the veil of ignorance, some of state, and will not wish to be in the will be that, after redistribution cum them just might recognize the public­ grocer's shoes. intervention, some people will now get choice dangers of the welfare state. goods they are not willing to pay for, They may realize that granting redis­ The State as Insurer, while those who would be willing are tributive powers to the state will invite the State as Pimp expropriated. exploitation of minorities by the major­ One could argue that protection of From a utilitarian point of view, the ity, or even of the majority by minori­ life and property resembles an insu­ case for forced redistribution seems to ties. Most of the actual redistribution rance contract. Just as an insurance boil down to a single factor: envy. The carried out by the state benefits burea­ company will charge you more to mere observation of higher incomes cracies and the "poverty industry" cover a castle than a shack, the state is creates so much disutility among the much more than the poor. A host of justified to exact more payment from less well-off that they gain more from regulations, from minimum wages to somebody whose protected property is redistribution than what the rich lose. occupational licensure, actually redis­ more valuable. This argument might Expediency and brute force provide a tribute income opportunities away well be applicable to real property tax­ closely related justification: let the from the poor, who are not always ation, but does it apply to the state pro­ most powerful charge, as it were, what members of the winning redistributive tecting one's own person? Other things the market will bear. In his delicious coalitions? Consequently, the original being equal, a Pinkerton bodyguard little book, The Income Tax: Root of all parties to a social contract are just as will not charge you more if you are Evil, Frank Chodorov quotes one eco­ likely to limit the state's redistributive wealthier. nomics text: "Yet it is inevitable that powers as to expand them. Other things are not always equal, taxes should be levied in this [progres­ Perhaps the most serious argument though, as in -ransom insurance, where sive and redistributionist] way because for income-based, redistributive taxes the risk of being kidnapped presuma­ the state must get the revenues from is that the value one receives from gov­ bly goes up with your wealth. It is not people who have the money." This ernment services is related to one's altogether inconceivable that prices means, comments Chodorov, that "it is income. "The subjects of every state," charged by private protection agencies 44 Liberty Volume 9, Number 1 Se tember 1995

in an anarcho-capitalist society would Hobbesian setting would be totally from this capital. The only way the bear some relation to a person's wealth exempted. A line of the income tax state can economically offer income or income. form would ask for the size of your insurance is for its customers to accept The question now is, Why do we biceps. This does not make much a slave-relation with their supplier. need the state? Assuming that we do moral sense, even for the IRS. Income taxation, where the state takes need it, the answer is presumably Assuming that there would be vir­ the first cut on your income, institu­ because protection of individual rights tually no production or incomes with­ tionalizes such a relation. The argu­ is deemed too important to be left out the state, is it still obvious that ment against the state as a universal entirely to the market. This amounts to parties to a social contract would unan­ income insurer is the same as the gen­ saying that, as far as one's own protec­ imously agree to pay the state on com­ eral argument against slavery. Unless tion is concerned, one person is worth mission? Just as commission-paid he is dead drunk during the social as much as any other, whatever his employment faces competition from income or the value of his human capi­ other compensation formulas, alterna­ tal. Otherwise, why should not the tive proposals might be brought to the Perhaps we pay the state on state charge more for protecting, say, a attention of the social contracting par­ commission to help us increase sexy woman than an old maid? Either ties, and they may well choose a pro­ our incomes. Perhaps the state the price of personal protection tection agency or association willing to depends on the "value" of an individ­ accept a flat fee. is a pimp, and we are his ual, and we don't need the state, or If the state does not offer protection prostitutes. else we need the state precisely insurance and is not a commission­ because we think protecting all indi­ paid broker or a pimp, perhaps we viduals' rights is equally important. If must look at it as an income insurance contract negotiations, no free man this reasoning is valid, the state may company. Back to our hypothetical would accept the deal. not tie the price of personal protection grocer, suppose he offers you the per­ There is, then, no moral basis for a to an individual's wealth or income. manent opportunity to buy beef at an tax levied as a proportion of income. While insurance premiums are a income-related price. Some people This conclusion applies whether the function of covered property values, might want to hedge against the possi­ rate is regressive, proportional, or (a commissions compensate services ren­ bility of being too poor to buy beef in fortiori) progressive. the future. Such insurance-grocers do dered in proportion of income derived Income taxation is, however, a not exist, presumably because the busi­ from the deal. Read Adam Smith's great tool in Leviathan's arsenal. ness would carry a high moral hazard. argument between the lines: the more Some people with a beef-insurance Optimal Exploitation income you earn, the more you owe in plan would stop working. Do we Thomas Hobbes compared the create the income-insurance state to modern, sovereign, all-powerful state correct this market failure? If the gro­ to Leviathan, the Biblical monster. Most of the actual redistri­ cer can't do it, call 911. "None is so fierce, explained Yahweh, bution carried out by the state Some forms of income insurance do that dare stir him up ... There is noth­ benefits bureacracies and the exist on the market: they go under the ing on earth to be compared with him. names of permanent employment, He is made so as not to be afraid. He "poverty industry" much more nest-egg investing, and life in com­ seeth every high thing below him; and than the poor. munes and religous orders. Another, is king of all the children of pride."lo non-market, form of income insurance The Public Choice school of economics is called slavery. The typical nine­ has combined the Hobbesian view of taxes because you would not have teenth-century American slave had a the Leviathan state with the rather rea­ earned it without the state's protection. standard of living comparable to that listic hypothesis that the children of Perhaps, then, we pay the state on of a free laborer. The master spent 88% pride, as parties to the social contract, commission to help us increase our of the slave's production on his slave's will want to impose constitutional incomes. Perhaps the state is a pimp, lifetime upkeep (lodging, food, clothes, restraints on their protector. The state and we are his prostitutes. medical care, etc.), and the slave is not some benevolent despot, but (at This argument makes sense only to enjoyed an income security that the best) a sleeping Leviathan who the extent that production and incomes free man did not have.9 The price he exploits its subjects when not kept in are made possible by the state's exis­ paid for this, willy-nilly, was his lib­ check. tence. Income taxation justified this erty - a very high price indeed. But in Even if one dismisses the economic way can apply only to that part of an return for 12% of his earnings and his case against progressive income taxa­ individual's income which he could liberty, he got income insurance. tion, and the moral case against redis­ not have earned in anarchy. One impli­ The point is that non-market tribution and income-based taxes, the cation is that the most efficient individ­ income insurance can only be provided most powerful argument - the politi­ uals in a peaceful society should be by a master who owns the human capi­ cal case - remains to be made: any tax taxed more heavily, while the big tal of a slave and is certain that he will based on income grants unacceptable tough brutes who would do better in a forever control the flow of income powers to Leviathan. Liberty 45 Volume 9, Number 1 Se tember 1995

The first reason for this is that future - if not actually to reintroduce bound to rely on the most arbitrary cri­ income taxation allows Leviathan to discrimination on its new, wider tax teria. What is income? Presumably net maximize its exploitation of its sub­ base. income, Le., what is left after you have jects. When free to exert tax discrimina­ Any income-based tax system incurred the necessary expenses to tion, Leviathan is in a position to levy offers Leviathan both opportunities for earn it. Now how in heavens can one the highest rates against those subjects tax discrimination and access to a large sensibly determine which part of a who are least likely to respond to the tax base. When one door is closed, the four-course business meal topped with disincentives of the tax system. This monster comes in through another one. a cigar is pleasure, and which part is discrimination will be efficient from a Only 2% of the American population business? Or what kind of office do narrow economic point of view, as it was hit by the federal income tax intro­ you need at home? (Why should not will minimize the welfare cost of taxes. duced in 1913. Then, rates climbed up. seduction of your boss provide deduct- But this is true only to the extent that When the children of pride became the state is a benevolent despot financ­ impatient, government yielded on the ing the optimal amount of public rates but enlarged the tax base. In the Mobil Corp.'s 1993 income goods. To the extent that the state is process, all of the American working conceived as Leviathan, tax discrimina­ population had been subjected to the tax return comprised nine fat tion will allow it to raise "public" reve­ income tax. The same trend can be volumes totalling 6,300 pages nues and expenditures much above the observed in most countries. 76 optimal size of government and, there­ and weighting pounds; its fore, to increase the economic cost of The Rule of Law preparation required 146,000 taxation.ll When Leviathan cannot dis­ The second source of political dan­ documents and cost $1 million. criminate with rates, income taxation ger in the income tax is that it is an still allows him to exact more in abso­ ideal tool for political persecution. The lute value from people who earn more income tax requires reporting - as we ible expenses?) One only has to read money income. A flat tax is still dis­ say in French, it is a "declaratory" tax: the Wall Street Journal "Tax Report" criminatory. Among two individuals the taxpayer has to provide govern­ column about the arcane decisions of who are identical except for the fact ment with the information it needs to the IRS or tax courts on such matters to that one prefers leisure more than the assess it. realize the arbitrariness, verging on other, the latter would bear a higher Not all taxes are declaratory. The stupidity, of income taxation. Or exam­ tax burden than the former. head tax, for instance, is not. The aver­ ine the instructions that accompany The main danger in flat tax propo­ age government bureaucrat will nor­ one's tax forms. sals is that they come with an enlarge­ mally notice that you have a head; in Try to make this consistent with the ment of the tax base. Both the 1986 the worst case, the most you might rule of law, and the result is abstruse have to declare is that you exist. complexity. Add the fact that it is in Another example is the medieval many people's interest that tax laws be To protect our privacy, it is French tax on house windows and recondite - not only accountants and necessary to keep the bureau­ doors: as Jean-Claude Martinez writes, lawyers, but also all the beneficiaries of "the civil servant could establish it loopholes and privileges - and what crats in the street. without entering the homes, he would you get is a tax system that no special­ just walk in the street and count the ist, not to mention any average citizen, number of windows and doors." To can understand. Reagan reforms and the current propo­ protect privacy, adds Martinez, it is The U.S. Internal Revenue Code sals are meant to be revenue-neutral, necessary to keep "the bureaucrats in occupies 21 megabytes of disk space Le., to keep government receipts the street."12 on the Internet, which makes for 2.8 unchanged. But Leviathan is always at With the income tax, the state million words, and would fill fifteen work maximizing its revenue. In order breaks into your home. The state's 3.5-inch diskettes if one dared to click to ensure that the marginal rate faced obscene peeping gives it information it "Download." Assuming that the aver­ by bottom income earners does not should not have that can be used age citizen can read these 11,200 pages increase too much, flat tax proposals against its subjects. It accustoms indi­ of tax jargon at the rate of one page a require reduced exemptions and viduals to answering questions from minute, going through the Internal deductions. The advantage of so-called the authorities concerning their most Revenue Code would take him more loopholes is that individuals use them private affairs, and, on top of that, than one month full-time. The Swiss to avoid confiscation. Other things forces them to sign their returns as host who provides it in full text from (including discrimination powers) though they were contracts. This his World Wide Web server warns the being equal, the larger the tax base, the debasement of a man's privacy, signa­ visitor: "Looking for something in that more Leviathan can confiscate. So the ture, and honor has more disastrous mass of verbiage can be daunting." citizenry won't necessarily benefit moral effects than all the vices of capi­ You should, he adds cheerfully, "har­ from trading high marginal rates for a talism one can imagine. ness the free WAIS-sf indexing and larger tax base. Leviathan will be much Moreover, a tax applied on such a retrieval engine."13 Just click here. tempted to raise the flat rate in the wide and fuzzy base as income is What would the Founding Fathers 46 Liberty Volume 9, Number 1 September 1995

have thought about the citizens har­ fortune, would be a source of such con­ In 1894, Rep. Robert Adams, among nessing the power of the WAI5-sf tinual and endless vexation as no peo­ others, foresaw that an income tax "will indexing and retrieval engine? Wrote ple could support."17 About corporate corrupt the people. It will bring in its Madison: "It will be of little avail to the income taxation, he added: "It would train the spy and the informer. It will people that the laws are made by men have been impossible to proportion necessitate a swarm of officials with of their own choice, if the laws be so with tolerable exactness the tax on a inquisitorial powers."19 All this is done voluminous that they cannot be read, shop to the extent of the trade carried under the guise of redistribution. "The or so incoherent that they cannot be in it, without such an inquisition as more one considers the matter," wrote understood ..."14 would have been altogether insupport­ Jouvenel, "the clearer it becomes that Corporate income taxation suffers able in a free country."lS redistribution is in effect far less a redis­ from the same disease. Mobil Corp.'s If the income tax apparatus were tribution of free income from the richer 1993 income tax return comprised nine used only to collect racket money, it to the poorer, as we imagined, than a fat volumes totalling 6,300 pages and would be unacceptable enough in a free redistribution of power from the indi­ weighting 76 pounds; its preparation country. Because an income taxation vidual to the State."20 required 146,000 documents and cost system is necessarily replete with arbi­ There are a few great causes that $10 million. According to the House trariness and complexity, and because have such symbolic and strategic value Ways and Means Committee's chair­ of the information-gathering powers that, if they were won, we could prob­ man, the compliance costs of the cur­ given to the state, it would be surprising ably live with the state that would rent income tax system reach $300 if Leviathan did not yield to the tempta­ ensue. Near the top of such a list billion a year.15 tion of using it against his political ene­ would rank the constitutional prohibi­ mies. This hypothesis does not require a tion of any tax that is at the same time Tyrannical Enforcement grand conspiracy, only enterprising pol­ direct, widely based, declaratory, and To raise revenue by means of such iticians and career-minded petty potentially discriminatory. This would an arbitrary and complex set of rules bureaucrats. Let a bureaucrat look far settle the case of progressivity and all entails a tyrannical enforcement appa­ enough into anybody's taxes, and he the problems of income taxation under ratus. At some point, tyranny has to will always find something. In the U.S. its many forms. It is difficult to deter­ come in the open, when armed men go as elsewhere, many cases of tax audit mine which taxes are the most accepta­ to capture the recalcitrant taxpayer. persecution have been documented ble - or least unacceptable - taxes, But the government will try to hide over the years. The IRS's current crack­ but relatively easy to see which ones tyranny under a priori controls - pay­ down the NRA is only the latest. are utterly inconsistent with a free roll deductions, compulsory reports We can't say we were never warned. society. 0 and forms, restricted currency denomi­ nations, etc. To the children of pride, Leviathan will issue 10 cards in the name of "Social Security," and number the wandering cows lest their earning Notes: whereabouts escape the IRS. 1. See Raymond J. Keating, "The Great Tax 8. Adam Smith, The Wealth ofNations [1776] For any free spirit in tune with the Debate: Making Sense of Competing Tax (Modem Library, 1965), p. 777. American dream, the ubiquity of the Plans," Testimony at the House of 9. Robert William Fogel and Stanley L. social insurance number is a tragic Representatives Small Business Panel Engerman, Time on the Cross (Little, symptom of our times as well as an Hearing on Flat Tax, Tax Notes Today, May Brown and Company, 1974), especially insult to personal dignity. Go visit the 19,1995; and Alvin Rabushka and Robert chapter 4. E. Hall, "Testimony Prepared for the WWW site of Wells Fargo,16 the bank 10. Job, 41. Subcommittee of Taxation and Finance," hailed as the first to allow its custom­ 11. Geoffrey Brennan and James Buchanan, Federal Document Clearing House, May ers to access their account on the The 18,1995. Power to Tax: Analytical Foundations of Internet: the customer is asked for his a Fiscal Constitution (Cambridge 2. James Buchanan, The Limits ofLiberty: secret password (given by Wells University Press, 1980). Between Anarchy and Leviathan (University 12. Jean-Claude Martinez, Lettre ouverte aux Fargo), and his social security number of Chicago Press, 1975), p. 2. contribuables (Albin Michel, 1995), p. 113. (compliments of Leviathan). 3. James Buchanan, "The Political Efficiency 13. At http://www.fourmilab.ch/ustax/ The U.S., of course, does not stand of General Taxation," National Tax Journal, ustax.html. alone in this predicament. How much December 1993. 14. James Madison, Federalist #62, in The mentalities changed between the time 4. The Arrow Impossibility Theorem is but Federalist Papers (Bantam Books, 1982). the dynamics of liberty was on the rise one version of this impossibility. 15. "Tax Report," The Wall Street Journal, June and our disastrous twentieth century! 5. Bertrand de Jouvenel, The Ethics of 7, 1995, p. 1. About the possibility of taxing income, Redistribution [1952] (Liberty Press, 1990). 16. At http://www.wellsfargo.com. Adam Smith wrote: "An inquisition 6. Frank Chodorov, The Income Tax: Root of into every man's private circum­ All Evil, Devin-Adair, 1954, p. 29. 17. Adam Smith, Ope cit., p. 800. stances, and an inquisition which, in 7. Cf. Gordon Tullock, The Economics of 18. Ibid., p. 804. order to accommodate the tax to them, Income Redistribution (Kluwer- Nijhoff, 19. Quoted by Frank Chodorov, Ope cit., p. 63. watched over all the fluctuations of his 1983). 20. Bertrand de Jouvenel, Ope cit, p. 72. Liberty 47 Consciousness-Raising_ Husband Abuse by Wendy McElroy

No man is safe when personal responsibility is undermined.

On December 4, 1990, Stanley Green locked himself in his car to get away from his abusive wife. Breaking in, she shoved him down face-first into the passenger seat, plant­ ing her knees in his back. She used a hefty cellular phone to club him repeatedly across the side of the head. In a telephone interview, Green described what happened when he tried to report the attack to the police. Justice released a study on violence missing his eye. Gilliland claims that "Blood streamed down my face. against women that claimed women women's organizations in the twin cit­ Internal injuries dislocated my ribs. committed "spousal" homicide at ies have tried to block his efforts to aid Lacerations and multiple abrasions approximately the same rate as men abused men. Why? Perhaps they fear marked my back and groin. My did. Indeed, this statistic has been scarce government resources would attacker had no injuries. I told the offi­ stable for the last two decades. be diverted away from women. cer that I wanted the crime report to Every year, thousands of women In their book Intimate Violence, note my injuries and the names of wit­ seek safety at shelters for battered Straus and coauthor R.J. Gelles com­ nesses. He responded: 'We ain't takin' women. In 1974, the first battered ment, "Unfortunately, the scarcity of a report from you, buddy.//' The Long women's shelter in the U.S. opened resources has not led to agencies. and Beach police refused to take Green its doors in St. Paul, Minnesota. By institutions banding together to lobby seriously because he was a man. And, 1990, over 1,500 shelters offered pro­ and demand more resources for the as we all know, women do not beat tection to women. But not to Stanley prevention and treatment of family up men. Green. violence. Instead, as is often the case Yet Murray A. Straus, co-director In California, the shelter for bat­ when the need is great and the of the Family Research Laboratory, tered men closest to Green was run by resources are small, there. has been can point to at least 30 studies of the Community United Against fierce competition for the limited domestic violence that show both Violence (CUAV) in San Francisco. resources that are available." sexes to be equally responsible for The CUAV is geared toward gay men. After his attack, Stanley Green starting and continuing spousal In San Luis Obispo, California, men's approached several battered women's abuse. Some of the studies, he cau­ rights activist David Gross is cur­ shelters. They would not even answer tions, leave"out data on women abus­ rently organizing the Allen Wells his questions over the phone~ "How ing men ... because it's politically Memorial Fund for Battered should I handle the police?" he asked incorrect."l The National Family Husbands. Wells recently committed one woman. "We don't know what to Violence Surveys of 1975 and 1985 suicide after losing custody of his chil­ say to a man," she replied. "What concluded that men are as likely to dren to an abusive wife. would you say to a woman?" he become victims of domestic violence Today, in St. Paul, George pressed on. He got no answers. as women. A 1988 survey of couples Gilliland, Sr. - the director of the Yet most shelters receive govern­ in Calgary found the rate of severe Domestic Rights Coalition - has set ment funding, which requires non­ husband-to-wife violence to be 4.80/0, up a shelter for men, after years of discrimination on the basis of race or while the severe wife-to-husband vio­ effort. Gilliland is an abused man sex. In 1994, Congress allocated $1.5 lence was 10%.2 More recently, on whose wife hit him on the head with a billion to combat violence against July 11, 1994, the U.S. Department of board, a protruding nail narrowly women. Most of the money will go to 48 Liberty Volume 9, Number 1 Se tember 1995

advocacy groups such as the Battered this misinformation. Newspapers such Included on the list of abused men Women's Justice Project. And men will as the Houston Chronicle3 throw around is no less a figure than Abraham pay taxes to support a program that such figures as "only 2% of domestic Lincoln. Mary Lincoln was known to explicitly excludes them. violence is directed at men." And for hit him with firewood, to throw coffee What has happened to women's once, the police agree with the media. in his face, to beat him with a broom, sense of fair play? In a word: ideology. In cases of domestic violence, the to pelt him with potatoes and books. Domestic violence is no longer a crimi­ Houston police department uses the L~ncoln sought refuge with neighbors nal act but an ideological one, a hate word batterer interchangeably with the and friends - and, some say, in the crime that men commit against word male. Oval Office. women. The official feminist line on Abused men are in a position simi­ Yet many feminists would maintain domestic violence has two compo­ lar to that of women who were raped that Mary must have been acting in self- nents: (1) wife-beating is epidemic and three or four decades ago. They are on the upswing, and (2) such violence reluctant to go to the police or even against men is virtually nonexistent. admit the abuse occurred. Why? Our society has a deep com­ Is domestic violence on the rise? Because they think, liN0 one will Not necessarily. The Thirteenth World believe me"; "I will be blamed for the mitment to the myth of women Congress of Sociology on July 19, 1994 crime"; "I will be ridiculed"; "1 will be as helpless and innocent. At the reported that male-on-female violence further traumatized by an unsympa­ same time, we bring up girls to had been gradually decreasing over thetic system." the last decade. Female-on-male vio­ Keith O'Donnel works with abused believe it is acceptable to strike lence was increasing. men. After hearing tales of police a man: "If he gets fresh, just In fact, violence in general seems to refusing to take reports, O'Donnel slap him across the face. " be on the decline. According to the decided to check out the situation him­ Department of Justice's National self. "I posed as an abused man and I Crime Victimization Survey, nearly asked two lawyers for help. They sug­ defense when she fired those potatoes 22.1 million U.S. households in 1992­ gested that I get help (mental help for at the president's head. They claim that just under 230/0 of all households me, not her). I called the abuse hot women's violence is always in self­ nationwide - were directly affected lines and they too suggested that I get defense. Again, what do the data say help (for me - not her) and politely about this claim? told me that I absolutely could not stay In her unpublished Ph.D. thesis, Dr. with them." O'Donnel recommends After his attack, Stanley Reena Sommer accumulated data on that skeptics repeat his experiment. domestic violence from approximately 450 Green approached several bat­ O'Donnel explains the trauma of men and 450 women.4 She followed up on abused men, IIAbused women are tered women's shelters. They this research two years later. Her study accepted today and helped. Men are would not even answer his concluded that women were more likely not so. They are silent. It isn't pride. ... than men to initiate both severe and minor questions over the phone. Abused men don't feel pride - it has been destroyed. They feel shame ­ violence. The Straus and Geller studies soul-shattering shame." back up this conclusion. by crime. This is both the lowest num­ Eighteenth- and nineteenth-century Nevertheless, it is sometimes ber and the smallest percentage of Europe had a custom called charivari, argued that violence against women is households victimized since the incep­ in which an abused husband was more important than violence against tion of the "households-touched-by­ dressed as a woman and forced to ride men, because women are more likely crime" indicator in 1975. through the village, sitting backwards to be seriously injured. Perhaps, but Yet on August 30, 1994, CBS corre­ on a donkey. If the man escaped this women are also more likely to use a spondent Bob Arnot reported that punishment, his nearest neighbor was weapon. A 1984 study of 6,200 cases domestic battery is the leading cause of forced to take his place. After all, the found that 86% of female-on-male vio­ injury to American woman between neighbor had permitted such an unnat­ lence involved weapons. By contrast, the ages of 15 and 44. This figure was ural act to go on under his nose. only 25% in cases of male-on-female derived from the study of a single, Armin A. Brott comments on the violence involved weapons.5 very poor inner-city neighborhood. twentieth-century equivalent of chari­ According to Jim Sniechowski and The principal investigator for the vari. "Take Skip W., who participated Judith Sherven, a husband-and-wife study, Dr. Jeane Anne Grisso, has cau­ in a program on domestic violence on team who speak out on gender issues, tioned against using any of its conclu­ the short-lived Jesse Jackson Show in liTo offset men's larger physiques, sions to apply more generally to other 1991. Skip related how his wife repeat­ women more often use weapons than populations. edly hit him and attacked him with do men (82% of women, 25% of men). Now consider the second claim of knives and scissors. The audience's A woman with a knife, scissors, gun, the feminist orthodoxy: that domestic reaction was exactly what male victims lamp, frying pan, and the like can be violence against men is virtually non­ who go public fear most: laughter and very dangerous and damaging." existent. The media hurries to trumpet constant derisive snickering." Besides which, not all men are larger Liberty 49 Volume 9, Number 1 Se tember 1995

than all women. Stanley Green's wife cannot cloak the fact that violence is ipate, for which both people bear some weighed 200 pounds. wrong, regardless of who commits it. responsibility. Domestic violence is a Despite these statistics, the courts Keith O'Donnel has issued an crime that needs prevention as much are beginning to legally recognize appeal to feminists over the Internet. as it needs punishment. But first we women as helpless victims. Consider "Consider this ... an unhealed abused must take a deep breath, cast aside our the trial of Laurie Kyles for manslaugh­ man may have a high probability of preconceptions, and examine the issue ter. Kyles shot her husband in January becoming an abuser or of raising abus­ realistically. 1994 after a quarrel in which he pinned ers. ...A healed abused man will Stanley Green has learned this les­ her on the bed. No other violence was respect your rights. An abused man son the hard way. I asked him for the charged. There had been no history of will look at you as a person who can most important thing he could tell peo­ prior physical abuse. and will destroy him if given the ple about domestic violence. "Educate In her closing argument, the prose­ opportunity." yourself," he replied. "The best preven­ cutor Maria Leslie reminded the jury Our society has a deep commit­ tion is education. If I had recognized that the law does not allow people to ment to the myth of women as helpless the signs of abuse I might have taken kill each other over a quarrel. "You and innocent. At the same time, we steps earlier to protect my children and can't blow people away simply bring up girls to believe it is acceptable myself." Cl because they're yelling and screaming to strike a man: "If he gets fresh, just at you, no matter how much you're slap him across the face." And when a sick of it."6 Laurie Kyles was acquitted. woman hits a man, the attitude of Notes: Why? Because she was a psychologi­ observers is often, "Good for her." 1. Washington Times, January 31, 1994. 2. Brinkerhoff and Lupri, Canadian Journal cally battered woman. Because women Meanwhile, men are told to never hit a ofSociology 13:4 (1988). are victims. woman, even in self-defense. And 3. June 12, 1994. Crime and punishment now when they do accept abuse without hit­ 4. Department of Sociology, University of revolve around genitalia, and ­ ting back, society laughs at them. Manitoba, June 1994. legally speaking - men have the Domestic violence is clouded by 5. McLeod, Justice Quarterly 2 (1984), pp. wrong equipment. Indeed, the only gender myths and politics. The fog 171-193. right men seem to have retained in full must be cleared away. Spousal abuse is 6. Quoted in the Omaha World Herald, July is the right to remain silent. But silence a dynamic in which both people partic- 1,1994.

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Other contents include: Bioenhancement Update Extropy Institute members receive a subcription MindSurfing: Internet column to Exfropy, our newsletterExponent, discounts on con­ ferences, electronic forums, books, tapes, and more. Future Forecasts: Eric Drexler, Greg Benford, et. al. Membership: $45. Roy Walford Interview: Ecological Experiments, Extropy subscription only: $18 (Canada: $22). Sample: $5 Space Habitats, & Long Life Extropy Institute, 13428 Maxella Ave., #273, Consciousness: Spontaneous Orders and Marina Del Rey, CA 90292 Tel: 310-398-0375 Selectional Systems Email: [email protected] Letters ofAyn Rand, edited by Michael Berliner, with an introduction she took herself seriously was an under­ statement. Her letters to Archie Ogden by Leonard Peikoff. Dutton, 1995, 681 pp., $34.95. - the editor at Bobbs-Merrill who had threatened to quit his job if The Fountainhead was not accepted for publi­ cation - were among the friendliest in the collection (her greeting was usually "Archie darling"). In 1967, all that Rand: Behind the changed. She had asked him to write a new introduction for The Fountainhead to appear with its twenty-fifth anniver­ sary edition, but she didn't care for Self-Mythology what he wrote: My basic objection is to its overall spirit and style: it is flippant. Flippancy is not a proper approach realize that I am a very 'green,' helpless to the nature of my novel, of my R.W. Bradford beginner.... I consider myself a young ideas, of my own character, of my and very humble brother-in-arms in career. The events surrounding the There is a lot of interesting writing your owncause." It's not easy to imagine publication of The Fountainhead were in Letters ofAyn Rand. I think my favor­ Howard Roark writing sucha letter! not funny. That a book and an author survived triumphantly the kind of ite is a letter that illustrates her crafts­ Mencken was not the only celebrity battle I was and still am fighting, is manship as a novelist: Rand approached hat-in-hand. On December 12, 1937, she wrote Frank not a humorous subject. Thank you for your letter. I liked it. It Lloyd Wright, describing herself in flat­ I had always believed that you read as if your suggestions for what understood and appreciated The tering terms and requesting an opportu­ you take to be factual inaccuracies in Fountainhead. Now I am sadly The Fountainhead were prompted by a nity to meet him. His secretary replied, obliged to conclude that you and I sincere interest, not by any ill feeling "[Mr. Wright] has now left for a several have grown too far apart intellectu­ - so I will answer you in detail. month sojourn in the Arizona desert so ally and that you have forgotten You say that Uthe scale for quarry there will be no opportunity for you to what you did know about me. workers is $1.621/2." So it is - now. see him." A year later Rand telegraphed Perhaps the most offensive touch in You must have overlooked the fact Wright, this time offering to "come out your Introduction is the following that the quarry sequence in my book to Taliesin [Wright's studio] for a line (in regard to the matter of took place in 1928. I had a New York twenty minute interview." Wright's sec­ cutting the character of Vesta granite company check through back retary wired back, "Sorry. Mr. Wright Dunning out of the book): uSo, out records to tell me the exact scale for has already left for the Arizona desert." went the Hollywood whore - and that year, and the one I have is (I was reminded of the letter Mencken every line deleted was like removing correct. ... one of the author's fingernails with a had his secretary send to annoying You say that Roark would not be pair of red-hot pliers." inquiries: "Mr. Mencken has just allowed to take an exam for a license In your letter to me of July 26, you ... in the state of New York a man entered a Trappist monastery at Geth­ say: UI may have slightly exaggerated without a college degree is allowed semane, Ky., and has left strick orders the story of excising the budding to take an examination if he has that no mail was to be forwarded.") actress." What you wrote is not a worked in an architect's office for a After Rand became a celebrity herself, "slight exaggeration," but an out­ certain number of years. In my story Wright wrote to her, she finally got her right fabrication which implies some Roark had worked the exact number chance to meet him, and he eventually extremely derogatory things about of years necessary. did preliminary plans for a home for me. To refresh your memory ... A close runner-up would be a 1934 Rand, which was never built. Rand refreshes his memory for letter to H.L. Mencken, in which Rand Rand was a great wit, as anyone another 325 words. Then she turns to sought to curry his favor by flattery and who has ever read the cocktail party another point: feigned humility: "I have always dialogue in her novels knows. But she A similarly misleading implication regarded you as the foremost champion believed she was humorless; indeed, about my character is conveyed by of individualism in this country.... I she celebrated her humorlessness. To say another passage in your Intro- Liberty 51 Volume 9, Number 1 September 1995

duction: limy only major contribution editorial line-ehanges." Yet she made been a professional writer for over a to it [the novell, in addition to several substantial changes in meaning, quarter century. Her oeuvre at that point encouragement and keeping the removing a strong Nietzschean flavor. included two novels, We the Living and author's screams to a minimum She told her biographer and her acolytes The Fountainhead; a novella, Anthem; when proofreaders altered a word, that the Italian film of her novel was cen­ two plays, The Night ofJanuary 16th and was the title." If I was the kind of sored by Mussolini's government on The Unconquered; three screenplays, The person who needed IIencourage­ grounds that it was subtly anti-fascist, Fountainhead, Love Letters, and You Came ment," I would not have been able to when in fact it never was banned (see Along (the last of which credited her as write The Fountainhead nor to survive any of things that went on before and R.W. Bradford, "The Search for We The "co-screenwriter"); two magazine arti­ after its publication. When did you Living," November 1988). cles; and one pamphlet. She also told her biographer that she For the remaining 25 years of her ever see me IIdiscouraged" about my writing? As to my IIscreams" - if took a course in philosophy at the life, she never published another word you found that my refusal to read the Petrograd University from Professor of fiction. Mostly she wrote commentar­ galley notes of some pretentious N.O. Lossky, "a confirmed Platonist ies on contemporary culture, but also mediocrity ... and a distinguished international she also wrote several essays of an She concludes the letter with these authority on Plato's philosophy; he was explicitly philosophical nature. words: a stern, exacting man, contemptuous of Those whoexpect Letters ofAyn Rand, You can see from the above that the all students - particularly of women, a collection ofa half-century ofher corre­ differences between your attitude who, he believed, had no business in spondence, to be a big help in rounding and mine are fundamental and that philosophy; it was said that he failed out the picture, providing details of her there is no way to bridge the dis­ most students the first time they took life and intellectual development, will be tance.... I will not attempt to tell his examination." With this setup, she disappointed. Yes, there is new informa­ you how sad and painful this is for proceeds to tell a dramatic story illus­ tion here - there's bound to be in a 672­ me. trating how her brilliance and determi­ page collection. But far less than one So much for an old friend and long­ nation led this old Platonist misogynist would ordinarily imagine. There are time champion who failed to treat her to give the young Rand a score of three reasons for this. with sufficient gravity. "Perfect." Unfortunately, as it turns (1) For a literary figure, Rand wrote out, Lossky was not a Platonist, gave precious few letters. According to The Problem of Ayn Rand reasonably easy examinations, in no Michael Berliner, editor of Letters, her Despite her celebrity, Rand has way treated woman students poorly, estate contained "more than 2,000 let­ always been an obscure figure. The and was not even at Petrograd ters." There is considerable evidence challenge faced by anyone who tries to University when Rand studied there. that Rand kept copies of even the most come to grips with the life or intellec­ Compounding the difficulty of the trivial correspondence, giving us reason tual development of Ayn Rand is that problem the biographer and intellectual to believe that these 2,000-plus letters she was both a very private person and historian face, Rand labored most of her are virtually all she wrote between 1934 one who believed that myth was some­ life in obscurity. She grew up in the rev­ and her death in 1982. That's an output times more important than truth. In olutionary era in Russia. Her first novel of about 40 letters per year, an astonish­ other words, it's difficult to understand was a commercial failure. The Night of ingly low figure when one considers a person who is both secretive and January 16th, her first play to be staged, that it includes such items as requests prone to lying about herself. Whether was moderately successful, though she for free advertising calendars, recipes one is generous or ungenerous in disavowed its production entirely. Her sent to friends' wives, very brief notes explaining the problem of Ayn Rand, second play, The Unconquered, was a to friends, and such missives as "In this underlying problem persists. complete flop, and remains unpub­ response to your letter: thank you," all Rand's quest for privacy is by now lished. It was only with the success of of which are included in Berliner's almost legendary. Her keeping secret her second novel that she became a anthology. Or that during a period of the details of her early life, including well-known literary figure. Shortly after more than two years in the mid-1940s, even her real name, was justifiable, in its publication, she moved to California, she lived in the country, without a light of the risk of retribution against and within a year she removed herself telephone. her family in the Soviet Union. Her to the San Fernando Valley, working Rand herself frequently admitted to desire to keep secret her now-famous part-time as a screenwriter and part­ being a very poor correspondent, usu­ affair with her protege Nathaniel time on her next novel. Eight years ally explaining that the long delays Branden seems also understandable, if later, she moved to New York, where between letters was the product of her for less noble reasons. she kept to a very small circle of friends, total immersion in her fiction-writing. Rand's habitual self-mythologizing continued work on her novel, and She offered Isabel Paterson a different makes the task of coming to grips with wrote nothing for publication. explanation: "The first letters I ever her life even more difficult still. For The appearance of Atlas Shrugged in wrote regularly were to my family in example, in the introduction to the 1959 1957 marked a critical change in Rand's Russia, when I came here - and every edition of her first novel, We The Living life. Prior to that date, her writing was letter was censored, so I had to be (originally published in 1936), Rand virtually all fiction, and remarkably lit­ extremely careful of what I said, in order

claimed that IIall the changes are merely tle was published, considering she had not to embarrass them. I always rewrote 52 Liberty Volume 9, Number 1 September 1995 every page before I could mail a letter to strange. He identifies Gouverneur Isabel Paterson is saved from the same them. I had to doubt and scrutinize Morris as "a screenwriter at Universal, degree of bizarrerie only by the fact that every sentence for any possible misinter­ whose credits included many silent this correspondence was somewhat less pretation. I have not been able to write films in the early 1920s, such as philosophical than the correspondence any kind of letter spontaneously ever Anybody's Woman (1930) and East ofJava with Hospers. since." At least into the early 1960s, she (1935)," leaving us to wonder why he (3) Those who hold title to Ayn was still using stationery with the selected as examples of Morris' "silent Rand's literary estate very much see address ofher California home, in which films of the early 1920s" two talkies themselves as keepers of the flame, pro­ she had not lived for more than a dec­ madein the 1930s. tectors of her privacy, and promulgators ade, neatly typed over - suggesting But the strangest editorial move was of the myths Rand spent so much of her both a personal frugality and the infre­ the decision to exclude any but the life spreading. This had an obvious quency of her correspondence. briefest excerpts from Rand's corre­ impact on the editorial process. (2) Letters has a remarkable paucity spondents. This is especially unhelpful For example, in a 1943 letter to her of background information. In the pref­ editor, Rand writes: ace, Berliner explains: "I have I find - in the horror of the kept the explanatory notes to a present time and in the hor­ minimum, because this is a col­ ror of man's past history ­ lection of Ayn Rand's writing, not a proof of man's essential and not a biography." Con­ evil, but a great and tragic sequently, one is often left won­ proof of his essential moral­ dering what Rand is writing ity, that is, his determination about and whom she is writing to act according to what he to. (Thank goodness editors of considers as right. Altruism other anthologies of letters have (the conception of Iiving for not had such an abiding fear of others as a virtue) has been being mistaken for biographers!) preached as mankind's moral Is the George Boardman to ideal for centuries. And all whom Rand wrote on May 19, the great horrors of history 1961 the libertarian theorist and have been committed in the name of altruistic purpose. writer? I suspect he is, but After each disaster men have Berliner identifies him only as "a said liThe ideal was right, but fan." Is the W.M. Curtiss to Robespierre was the wrong whom she wrote on November man to put it into practice," 30, 1945 the same W.M. Curtiss (or Torquemada, or Crom­ who was executive secretary of well, or Lenin, or Hitler, or the Foundation for Economic Stalin) and have gone on to Education? Again, he is identified only in the chapter "Letters to a Philoso­ try it again. At the price of incredible as "a fan."* pher," her correspondence with John suffering and rivers of blood, man­ Berliner refrains from identifying Hospers from 1960 and 1961. Here we kind has stuck to the pursuit of its "the fascinating little book" that Rand have Rand discussing her philosophy alleged moral ideal - surely a dem­ thanks Gouverneur Morris for aanuary with a distinguished philosopher, mak- onstration of men's moral instinct. 23, 1936), leaving us to wonder why he But we look on and say: "This noble I ing a case for her system, responding to bothered to include Rand's ISO-word ideal is beyond human nature, his arguments, arguing, instructing, dis­ encomium on it. He identifies Rose because men are imperfect and evil." agreeing. Yet except for short excerpts Wilder Lane only as "a pro­ from Hospers' letters that Rand quotes Berliner footnotes the penultimate individualist writer and daughter of sentence with this comment: Laura Ingalls Wilder (author of in her responses, we have none of Little IIMoral instinct" is metaphorical. AR House on the Prairie)." Surely, if one is Hospers' half of the dialogue. As a result, reading the chapter is rather like was an opponent of the deterministic going to spend only 16 words identify­ view that man possesses instincts, listening to someone speaking on the ing Lane, one ought not spend 13 of Le., innate ideas. them describing her parentage. telephone. We know what Rand is say­ What little background information ing, but we can only guess what she is Try as I might, I see no indication Berliner includes is sometimes rather responding to. The chapter of letters to that Rand used the term "moral instinct" metaphorically. Indeed, the .. By my count, 110 of the 540 letters included in this collection are replies to fan mail, some of context makes it clear that she meant which are interesting, but most of which are perfunctory. Is there another collection of letters the term in its literal and conventional = of a literary figure that consists so much of replies to fans? sense. So why the footnote - virtually ~ The largest category is "literary business," consisting of 114 letters to agents, publishers, the only explanatory footnote Berliner g' producers, and the like. Only 15 letters were written to philosophers, of which eight were writ­ offers? ~ ten to John Hospers. Incidentally, the total number of letters, 531, falls far short of the 700 to Berliner is acting to protect Rand's ~ 800 that Berliner claims in his preface to have included. myth that her philosophy sprang from ~ Liberty 53 Volume 9, Number 1 September 1995 her head in full armor, without any June 2, 1974, Rand wrote Mrs. William financial help, adding brief lectures mother, like the goddess Athena from Maethner, "a fan": about morality complete with refer­ the brow of Zeus. As part of her struggle Please tell your daughter that I am ences to her philosophy. Her final letter, with the paradox of free will and causa­ profoundly opposed to today's so­ in contrast, is a short note written 74 tion, Rand later came to believe that called libertarian movement and to days before her death, accompanying a instincts were a particular type of the theories of Dr. Murray Rothbard. cash gift to the same niece she had ear­ "innate idea" and rejected them as irra­ So-called libertarians are my avowed lier lectured. "This is to help you with tional. Berliner rewrites her intellectual enemies, yet I've heard many reports the burden of holiday guests; I don't history to reflect this later development on their attempts to cash in on my like you to be depressed, if it can be in her thought. name and mislead my readers into helped. Give your guests something Similarly, there is little or no men­ the exact opposite of my views. nice for dinner, without worrying about tion of several of the most important fig­ This letter, written when Rand was the cost." Here, at last, Rand had rested ures in Rand's life. There is precious 69 years old, offers sad evidence that her philosophically pure persona. Or little that relates to Nathaniel Branden, her wonderfully precise way of choos­ has she? Her explanation ("I don't like the central person in her life both per­ ing words had either begun to slip or you to be depressed") sounds a bit like sonally and intellectually between 1951 had disappeared in an orgy of hostility. an egoistic rationale, or at least a and 1968, the years during which she While Rand expressed a powerful ani­ rationalization. finished writing her magnum opus and mosity toward libertarians, virtually no We learn that she "never considered systematized her philosophy. Branden, libertarian ever expressed sufficient ani­ [The Night ofJanuary 16th] to be a particu­ arguably more than Rand herself, was mosity toward her to be characterized as larly good play and was fully prepared responsible for the cult that grew her "avowedenemy." And her use of the to allow any changes to improve it" around her during these years, was a term "so-called" as a contentless pejora­ (November 29, 1935), a view that con­ tive is outright embarrassing.* major figure in publicizing her ideas, trasted sharply with her later view that, Surely there were letters that men­ helped manage her career, wrote and "As to my opinion of the original play's performed several authorized lecture tion the Holzers and Blumenthals, and merit, it is very high - as high,'relative others mentioning the Brandens and series on her philosophy, organized an to its scale, as my opinion of any other Rothbard. These were omitted from the institute to promulgate her thought, work of mine" (March 13, 1965), as well book, no doubt because Berliner wanted coedited and copublished both The as her antipathy to allowing anyone to to help maintain Rand's self-made Objectivist Newsletter and The Objectivist, editany ofherwork inany way. myth, which ultimately came to mini­ and had a secret love affair with her Some of her opinions seem preposte­ mize the importance of those close col­ from 1954 to 1968. rous. For example, in 1943, she wrote leagues with whom she had broken off Yet we have but three letters to him, relations. For Rand to engage in self­ the president of Republic Steel a letter all from 1950, written to Branden before mythology was at least understandable. suggesting that he read two recently he had changed his name from Nathan She was, after all, a writer of fiction published books, The Fountainhead and Blumenthal to Nathaniel Branden (an who had an interest in her public Isabel Paterson's The God of the Machine. anagram of "Ben Rand," or Son of image. But when a scholar consciously Toward the end of her letter she offered Rand) - indeed, before he had reached protects myths about his subject, his him this analysis: his twenty-first birthday. Other than action is inexcusable. Indeed, he has Our communication lines have been that, we have three references to given up the pretense of scholarship. cut by our own side. The literary edi­ Branden's lectures in her correspon­ Happily, despite the inept editorial tors of all important conservative dence with Hospers, several mentions job and the paucity of material, Letters of publications are pinks, "liberals" and of Branden in a letter complaining Ayn Rand contains many interesting actual communists. The proof? That about an article about her cult that was glimpses into her life. you have never heard of The God of the Machine or The Fountainhead. scheduled to appear in the Saturday In letters to her family, we some­ Evening Post, and brief mentions of him times see a more "human" Rand than Her opinion of conservative publica­ (neither noted in the index) in a letter to she ever chose to reveal in public. Her tions didn't improve much during the Barbara Weidman (later Barbara early family letters seem quite loving next few years. In a 1946 letter to Branden) and a letter to Barbara and normal (though she'd hate to have Leonard Read, she observed: Weidman's mother. anything about her described that way), All these so-called respectable publi­ There's no mention at all of Joan and but by the late 1940s, they are preachy cations, owned by conservatives, Allen Blumenthal or Henry and Erika and didactic. In more than one, she have been staffed with pinks who Holzer, her closest associates during warns relatives against asking her for maintain a blockade against all real much of the post-Branden period. This advocates of our side. Only the is not surprising, I suppose, since like so Hayeks and other such compromis­ many others, their relationships with It This is also the only mention of Rothbard in ers are allowed to get through, the Rand ended acrimoniously. Letters. Rothbard had briefly been a member kind who do more good to the com­ There is but a single mention of the of her IIcollective," before she tried and con­ munist cause than to ours. victed him of plagiarism, and expelled him political movement that was founded from that elite body. See "My Break With This may be the first time Hayek has by people heavily influenced by her Branden and the Rand Cult," by Murray N. been accused of helping the Com­ political philosophy. In a letter dated Rothbard (Liberty, July 1989). munists! 54 Liberty Volume 9, Number 1 September 1995

There is also a hilarious letter-of­ derful. It would make the greatest kind guarded and insufficient. Whether recommendation Rand wrote for her of publicity ..."). Peikoff, Berliner, and company will protege Leonard Peikoff in 1980, to aid We, learn that well into the 1940s, ever allow scholars access to such his vain quest for an academic appoint­ Rand generally described herself as a important resources as the bulk of her ment. One wonders what a university "conservative," a term she later rejected philosophical journals, her remaining hiring committee would make of the let­ (though she could equivocate on the correspondence, or other important per­ ter from the 75-year-old Rand, attesting subject when writing to Sen. Barry sonal papers remains a matter for spec­ to Peikoff's "superlative understanding Goldwater). We learn about her rela­ ulation. If I were a betting man, I'd bet of the philosophy of Objectivism.... He tionships with others who were what against it, for the simple reason that her grasps not only its well-known ideas in we would now call libertarians, includ­ unpublished works are bound to under­ ethics and politics, but also their basis in ing such well-known figures as Leonard mine elements of the Rand myth. In Objectivist epistemology. In particular, E. Read, Isabel Paterson, Rose Wilder this, her estate is probably acceding to he has a detailed grasp of my theory of Lane, Henry Hazlitt, and Ludwig von her wishes, but undoubtedly undermin­ the role of mathematics in concept­ Mises, and such lesser-known figures as ing her reputation and influence. formation, and of the implications of Jasper Crane and William Mullendore. Letters of Ayn Rand lifts the veil on this theory for the analytic-synthetic, a We get insights into the development of her life and intellectual development, priori-a posteriori dichotomy.... One day her theory of rights, thanks to discus­ especially during the period before her soon, I think, Dr. Peikoff will have a sions in correspondence with both national reputation in the field of the Isabel Paterson and Rose Wilder Lane. philosophy of history."t (Once again, the editor could have been There's specific information also. more helpful: in a letter to Lane dated Learn at Liberty We learn, for example, that the payment August 21, 1946, Rand writes: "I do not Are you interested in working as she received from the producers of the quite understand the basis of your defi­ a journalist? Would you like to 1943 Italian film version of We The nition of rights, which you mentioned improve your writing and editing skills? Living came from an out-of-court settle­ briefly in your letter." Neither do we: at ment of her own aggressive lawsuit­ no point are we offered a description of Liberty offers full-time, paid internships at all times of the year. and thus that it was not an unexpected Lane's definition, brief or otherwise.) Interns are involved in all aspects of windfall negotiated by the U.S. State Her correspondence with other con­ Department, as she later claimed. We editing and publishing Liberty. servatives and classical liberals is For information, write: also learn that she herself had seen the revealing. At first she was generally film in 1948 and possessed a print of it, R.W. Bradford, Editor pleasant, often humble, and sometimes Liberty contrary to her later claim that all copies even obsequious. As her reputation of the film had been destroyed by the P.O. Box 1181 grew, her letters became collegial and Port Townsend, WA 98368 Italian government. We now know friendly. By the late 1940s, she was lec­ something about what happened to the turing them, holding herself an author­ ~ print she possessed. And we get a ity on matters of philosophy and pretty good idea of why she promul­ politics, even at one point offering gated the myth that the film was Leonard E. Read of The Freeman her ser­ banned ("If this is true, I think it is won- vices "without charge, to protect your publications from internal treachery." Ayn Rand was both a great novelist t Incidentally, Peikoff, owner ofRand's liter­ ary estate, provided an uninformative intro­ and an important philosopher. She was duction, memorable mostly for the without a doubt the most important ridiculous claim that Rand"alone" saw the influence on a whole generation of liber­ "slow deterioration" of America during the tarians, and is more responsible for the 1930s! resurgence of libertarian thinking than t At least it seems as if we do. A letter to a any other individual. Her eccentricities, storage company dated June 23,1949 as well as her radicalism, have tended to authorizes them to release "31 cans of the keep her from being given the sort of film stored in my name to Mr. Walter serious consideration she merits. Wanger for temporary withdrawal. ... IT'S Please give him the complete film with the The fact that those to whom she left Back ofShirt Says: ALL exception of the can marked 'FILM CUTS.'" her literary estate posthumously FAKE Berliner does not tell us whether this was indulge her eccentricities - especially T-Shirt indeed Rand's copy of We The Living, her proclivity toward self-mythology ­ Blue /Grey, Yellow /Orange and though it seems almost certain that it was: Black on White 50/50 Cotton Blend also works against her being taken seri­ L, XL there's no evidence she possessed prints of ously. What her estate has so far pub­ $14.00 + $2.50 sm Check IMO any other films, and at the time Rand was lished selections from her trying to arrange for it to be re-edited and Open Season Press, Dept. 112 released in the U.S. Wanger was a film pro­ unpublished fiction, this anthology of 616 Grove City Rd. ducer, though Berliner does not mention letters, and a few carefully selected bits Slippery Rock, PA 16057 this either. of her philosophical journals - is Visa/MC 1-800-484-7660 Ext. 4478 Volume 9, Number 1 September 1995 move to New York to be closer to Rand, The Greatest Philosopher Who ing religious·belief and increasing t~is­ Nathaniel Branden, before she was Ever Lived™. Despite the transparent worldliness. The Victorians accordingly cocooned within her cult, the period attempts of its editor to keep Rand the fashioned a morality suited for living in when she was Ayn Rand, Aspiring human being hidden behind Rand the this world, and in the comer of this Writer and Ayn Rand, Successful myth, Letters of Ayn Rand allows the world into which fate had thrown them: Novelist - the period before she reader to see glimpses of the real the system which their age was the first became Ayn Rand, The Greatest woman and her development as a to call "capitalism." By examining it we Novelist Who Ever Lived™ and Ayn thinker and writer. 0 see that, contrary to what socialists say, capitalism has "a moral as well as an The De-Moralization ofSociety: From Victorian Virtues to Modern economic dimension" (p. 187). Himmelfarb presents this morality Values, by Gertrude Himmelfarb. Knopf, 1995, 314 + x pp., $24.00. as organized around two central values: gentlemanliness and respectability. In their notion of the gentleman the Victorians took an aristocratic value and moralized and democratized it. Anyone Three Cheers (including women and the poor) could be a gentleman (or lady), provided only that he (or she) acquire the gentlemanly virtues, including honesty, integrity, for Virtue courage, and politeness. Respectability meant having a certain sort of reputa­ tion and deserving it. One comes to deserve this sort of reputation by pos­ Lester H. Hunt description of its actual effects on vari­ sessing the respectable virtues, such as ous aspects of Victorian society. Her hard work, sobriety, frugality, and story, as she tells it, leaves the impres­ prudence. For its fortieth anniversary issue last sion that the creation of this morality Himmelfarb makes a convincing December, American Heritage magazine was the most fundamental social case that these values were not mere asked a wide array of luminaries (some achievement of the era, the one from hypocritical cant but were actually merely so-called, but some genuinely which its other achievements flowed. acted on - acted on to a surprising luminous) what the most important extent, and in every level of society. changes during those 40 years had New Moralities for Old Particularly impressive is the fact that been. To me, the most interesting Victorian morality, as she describes even the very poor managed to practice answer by far was that of Jacques it, was a new table of values. It con­ the minor Victorian virtue of cleanli­ Barzun, who began by noting that all trasted sharply with the classical vir­ ness, a feat that must have required real human actions can be assigned to one tues of the ancient philosophers (which dedication in a world without washing of three classes: those that are free, included wisdom, justice, temperance, machines and dustbusters. those that are enjoined or forbidden by courage, magnanimity, munificence, As evidence of the general moral force of law, and those that are liberality, and gentleness) and it also condition of society in the Victorian Era enjoined or forbidden "by habit and the differed radically from the traditional and after, Himmelfarb rests great sway of opinion." He said that the most Christian virtues of faith, hope, and weight on certain statistical facts important development since 1954 had love of God. regarded as "social indicators." We may been the shrinkage of the third of these Neither of these older moralities disagree about how to interpret them, classes. Part of what this means, I was well-suited to ruling the sort of but the numbers themselves are quite would add, is that morality, as a form world in which the Victorians found impressive. In England, the "illegiti­ of social influence independent of law, themselves. The classical virtues were macy ratio" (percentage of births that has lost influence, for the force of designed for a warlike and aristocratic are out of wedlock) increased during morality is the sway of opinion. A good society, and were mainly concerned the first half the nineteenth century deal of the point of Professor with getting aristocrats to use their from a little more than 5% at the begin­ Himmelfarb's book is to denounce this superior prowess in ways that were ning to 7% in 1845. This is hardly sur­ contraction of morality as a calamity either harmless or beneficial. As such, prising to us, of course: we think of with no hope of a remedy, other than to they served well in their day, but they such numbers as naturally tending to reverse the calamitous process itself. were of limited importance for running rise, like helium or cigarette smoke. But More specifically, she defends a spe­ a democratic world devoted to peaceful during the period from 1845 to the end cific set of moral values: those by which competition and the production of of the century (roughly, the Victorian England and America were swayed wealth. The Christian virtues were not Age) the number actually sank from 7% during the Victorian period. Much of meant to assist in running the world at to less than 4%, which means the size of the book is an account of what all, but for preparing for the afterlife. this fraction shrank by about 40%. Victorian morality really was and a The Victorian world was one of declin- In case it seems too hopelessly 56 Liberty Volume 9, Number 1 September 1995

"Victorian" to treat the illegitimacy rate recent history, properly understood, point some of them out. One thing that as an indicator of what HimmeIfarb compels us to bring back some of old will bother some people very much is calls "social pathology," a similar tale reliance on the moral point of view that the fact that Himmelfarb never really can be told about the crime rate. From distinguished both the private and explains why a high illegitimacy rate is 1857 to 1901, the rate of indictable public discourse of the Victorians, and an infallible sign that something is terri­ offenses shrank by almost 50%, despite something of the content of their bly wrong with society. It seems to be the fact that society had suffered the moralizing as well. self-evident to her. Of course, things strain of technological and economic This is a very interesting book, and like this are never literally self-evident, change as well as massive movements it should be read by everyone who is in the sense of being known in the of population. absence of supporting evidence. As Even more impressive, and I sit here, I can think of several crucial to her argument, is what halfway plausible reasons for has happened during the dec­ thinking she is right about this. ades after Victoria and her Age But that's not my job -I didn't passed from the scene. The ille­ write this book, she did. Some gitimacy ratio held to something readers aren't going to be as surprisingly close to its turn-of­ generous as I am about donat­ the-century level until around ing missing premises. the beginning of the 1960s, when More problematic are the it began to increase rapidly, and policy recommendations she then skyrocketed. In 1992, the bases on her historical narrative. rate was 32%. In America a simi­ Though most are only very lar succession of numbers can be briefly and vaguely set forth, presented, with the ratio reaching they are not offered as unimpor­ 30% by 1991. Among American tant asides. Himmelfarb is in blacks in the same year it was an deadly earnest about them, as incredible 68%. serious as a heart attack. Despite What caused such changes? this passionate seriousness, how­ Himmelfarb thinks that history ever, I don't think they all show refutes most of the possible expla­ the same depth of understand­ nations. Do you think the rise in ing that is evident in her histori­ illegitimacy is caused by industriali­ cal explanations. zation and urbanization? In the One policy that she seems to Victorian era the ratio was actually suggest is restoration of some­ lower in the cities than it was in the thing like traditional obscenity countryside. Is it caused by poverty? laws. Her rationale is that "val­ During the same period, the rate in ues, even traditional values one of the poorest sections of require legitimation." Legitim­ London was consistently below the I'_<,.; ..:~ ation may require backing these \.).~~:< national average. Do you think the __.-...J2~_~~'·w·~.....~--· . values up with the force of law, recent skyrocket-like surge was given that it "requires a great fueled by the recent recession? Then seriously interested in the moral effort of will for the individual to you have to explain why neither illegit­ dimension of capitalism, especially decide for himself that something is imacy nor divorce increased in the those who believe it never had one. It is immoral and to act on that belief, when Great Depression of the '30s, nor full of astute comments and throws the law declares it legal and the culture indeed during any other recession or light on parts of the Victorian world deems it acceptable" (248). Civil rights depression for which we have relevant with which most of us are unfamiliar. legislation, she says, helped convince data. Of particular interest are the chapters people that discrimination is morally According to Himmelfarb, there is on Victorian feminists (more individu­ wrong. one thing that distinguishes life as we alistic than those of today) and the One thing that bothers me here, have lived it since the early '60s from everything else in recent history. That chapter in which she argues that the admittedly a minor point, is that I am is our "reluctance to speak the lan­ Jews were the ultimate Victorians not convinced that this judgment about guage of morality" (240), our fear of because their morality was particularly civil rights laws, though it has often being "judgmental." That, together well-suited to thriving in capitalism. been made, is true. The fact that only 27 with the fall from grace of the specific senators voted against the 1964 civil content of Victorian morality, of the Enforcing Morality rights bill suggests that the belief that particular virtues they venerated, can Like all books, however, this one discrimination is wrong was already explain the social pathology we see. does have its problems and limitations, widespread at that time. I am old Nothing else can. Thus the course of and I would be remiss if I did not try to enough to remember the controversy Liberty 57 Volume 9, Number 1 September 1995 about the 1964 federal bill, as well as did so, and in fact went further than the morals on behavior. It is not as strong the debate over a similar enactment in reformers expected or desired. This is and it is also not as easy to identify and California. I followed these discussions certainly true. But it is also irrelevant. generalize about. In this respect the closely, and never heard anyone say She should be arguing that legally pro­ case of antidiscrimination laws is rather that discrimination should be legal hibiting such images results in people misleading, in that they might be con­ because it is sometimes morally inno­ having more of some virtue, such as nected with morals in a relevant and cent or socially desirable; Obviously, temperance or chastity, and that failing fairly close way. Presumably, the moral people were not always so enlightened, to do so results in their having less of it. lesson of such laws is that discrimina­ but just as obviously people did not The issue is not the behavior of artists tion is wrong. We can readily under­ achieve this comparative enlighten­ and entertainers but the moral effects of stand how it might teach this lesson: it ment by having the law pound it into their behavior. says that discrimination is wrong, and their heads. I can imagine a historical narrative lends the great prestige of the law to Another, more serious problem that would support the conclusion that this idea. This could convince people with this whole line of reasoning is she wishes to support. I can imagine that the idea is true. someone arguing, for instance, that the Conceivably, this could make an moral rectitude of the Victorian era was important contribution to inculcation of While Queen Victoria lived, preceded by the establishment of laws a certain virtue: fairness. Fairness con­ cocaine and heroin were both requiring moral behavior, and that this sists, in part, of never discriminating on rectitude collapsed after these laws the basis of race..Of course, we could legal and cheap. were repealed. One would be arguing argue about whether this is actually for legislating morality in the same way true, but at least it has one thing in its that Himmelfarb argues for having favor: the content of the law is immedi­ that, if it is applied in an unconstrained morality itself. ately and clearly relevant to the virtue way, it would seem to be self-defeating. But she does not offer such an argu­ it is supposed to instill. If we were to legitimate all virtuous ment. She does mention that Victoria, We cannot give the same sort of behaviors by making them legally man­ toward the beginning of her reign, account in the case of obscenity laws. datory, we could seldom be sure who issued a proclamation forbidding the What these laws declare to be wrong is was doing the right thing from virtuous sale of liquor during churchservices, but the production of obscene movies and motives and who was acting out of a adds that it "was not strictly enforced" printed matter. But this declaration is not-so-virtuous desire to avoid trouble (28). She does not try to correlate moral­ not the deep moral lesson they are sup­ with the cops. This would interfere ity with legality in the way that she cor­ posed to impart to most of us. What with one of the most important ways in relates morality withsocial order. Himmelfarb and others evidently hope which virtue is spread through a I think the main reason for this is is that they will help to give us some healthy society: by means of known that no such correlation can be made. virtue, such as chastity. But it is far examples of (real, not bogus) virtuous The most impressive attempt to legis­ conduct. late Victorian morality was Prohibition, What is particularly disappointing that ancestor of our present drug war. In the Victorian era the ille­ in Himmelfarb's argument here is the Prohibition was a response to just the gitimacy ratio was lower in the near-absence of historical evidence for sort of problem that Himmelfarb is con­ her conclusion that some sort of cerned about: she mentions drug abuse cities than it was in the coun­ obscenity laws are desirable. The clos­ as an indicator of social pathology. But, tryside. The rate in one of the est she comes is to argue that, in the except for a few puritanical backwaters, poorest sections ofLondon was past, when the law was reformed to prohibition laws were passed years allow dramatists and filmmakers to after Victoria died. While she lived, consistently below the national purvey obscene images, they always cocaine and heroin were both legal and average. cheap. Similarly, the court deci­ sions that made possible the from obvious what relationship holds pornography explosion of the between chastity and the availability or last two decades occurred after unavailability of obscene materials. the sexual revolution was well Contrary to popular misconception, the underway. These changes in traditional virtue of chastity did not mean having a weak libido or abstain­ ~~~~/~ AM''1I~'''''''''''''''J_'''''theto majorlaw werechangesobviouslyin morals,relatedbut ing from sex. It meant something like they were more likely effects having rightly ordered appetites and than causes. conducting oneself in appropriate Of course, I would not want ways. It included such things as the &4/44 to deny that law has an effect avoidance of promiscuity. It is not diffi­ "Let's play house - I'll be a divorced executive, and on morals. But the effect is not cult to think of ways in which this trait you can be my butler." the same sort as the effect of might actually be aided by the availa- 58 Liberty Volume 9, Number 1 September 1995 bility of erotic materials and under­ revisionist history of the most interest­ glossed over or ignored. mined by a legal system that bans ing sort. Some people, I am sure, will Most of the time, Loewen is on them. be annoyed or offended by it, but that fairly solid ground. He does slip up However, as I say, Himmelfarb's is not necessarily a bad thing, espe­ sometimes, though. Some of his worst policy recommendations, important as cially if they are among those who have moments come when he ventures into they might be to her, do not take up had things pretty much their way for the realm of economics, as with his many pages of this book. Most of it is the last several decades. Q bizarre explanation of the oil shortages of the 1970s. Loewen tells us that "capitalism, a marvelous system of Lies My Teacher Told Me, by James W. Loewen. The New Press, 1995, production, was never designed to 372 + x pp., $24.95 accommodate shortage" without ever The South Was Right!, second edition, by James Ronald Kennedy and mentioning the fact that, due to Nixon's Walter Donald Kennedy. Pelican Publishing, 1994,431 pp., $22.50. price controls, "capitalism" never had the opportunity to "accommodate" the "shortage." But Loewen's weak understanding of economics is more forgivable than his warped view of the War Between Reconstructing the States. Throughout Lies My Teacher Told Me, Loewen criticizes textbook writers for being vapid, one-sided, sim­ plistic, uncritical cheerleaders for the History U.S. government. Yet all of these words can be used to describe his treatment of the Civil War.

celebrate Thanksgiving, and democracy Unpleasantness About Clark Stooksbury takes root and freedom rings and the Late Unpleasantness everything just gets better and better. Loewen's treatment of Abraham You probably wouldn't want to Nothing is ever complex; nothing is Lincoln is positively sycophantic - he invite James Loewen and James and ever debatable. Reading these text­ acknowledges Lincoln's professed Walter Kennedy to the same cocktail books, one gets the impression that racism with his right hand but then tries party. James Loewen is a left-leaning everything that has ever happened was to absolve him with his left. "In conver­ sociology professor at the University of inevitable; the debates of the past are sation, Lincoln, like most whites of his Vermont. The Kennedy brothers are rendered almost as invisible as debates unreconstructed Southern Nationalists. about the past. Loewen has a high level of antipathy Loewen offers an alternate Amer­ Textbooks tell a fairy-tale for Confederate-minded southern ican story, one in which Indians are history: Columbus discovers whites in general, and Mississippians in more than "props in a sort of theme particular. The Kennedy brothers are park of the past" (p. 92), one which America, then the Pilgrims members of the Sons of Confederate presents still-open questions (the num­ land and celebrate Thanks­ Veterans; they grew up in Mississippi. ber of pre-Columbian Indians, details giving, and democracy takes But there is a common thread that about Columbus' life, etc.) as controver­ runs through Loewen's Lies My Teacher sies, one which eschews one­ root and freedom rings and Told Me and the Kennedys' The South dimensional heroes in favor of multi­ everything just gets better and Was Right! Both books take to heart the faceted individuals. He devotes a chap­ better. old adage about history being written ter to debunking two textbook favorites by the victors. And both try hard to set in the "hero" department, Helen Keller the historical record straight. and Woodrow Wilson. In the texts, century, referred to blacks as 'niggers,'" Keller overcomes great obstacles as a Loewen writes. "When responding to A Textbook is a Committee child and never does anything else; her Stephen Douglas's race-baiting in the Designed by a Camel, or devotion to radical politics disappears, Lincoln-Douglas debates, Lincoln him­ Something Like That along with almost all the rest of her self sometimes descended into explicit Loewen's thesis, simply stated, is adult life. Textbook writers whitewash white supremacy: 'I have no purpose to that high-school American history texts Wilson's repugnant public career. His introduce political and social equality are awful. They are filled with inaccu­ imposition of racial segregation among between the white and black races'" rate information, contentless drivel, and federal employees, his suppression of (172). Just a couple of paragraphs later, nationalistic cheerleading. They tell a dissent during the First World War, Loewen describes Lincoln's views on fairy-tale history: Columbus discovers and his use of U.S. Marines to serve race as "more 'complicated' than America, then the Pilgrims land and corporate interests in Latin America are Douglas's," offering this quotation in Liberty 59 Volume 9, Number 1 September 1995 evidence: "If one man says it [the princi­ sion of events occurred. The soldiers South. As far as I could tell, the ple of equality in the Declaration of occupying Fort Pillow refused an Kennedys' statistics and anecdotes are Independence] does not mean a Negro, opportunity to surrender and were well-documented - but they're rather why does not another say it does not attacked. Many (including a dispropor­ selective as well. The authors are a bit mean some other Man?" (173). tionate number of blacks) were shot pollyannish on the issue of slavery. In a mere mortal, such inconsistency while trying to surrender, but accord­ Granted, this is a book called The South would merit the title "two-faced" or ing to Foote, Forrest put a stop to it as Was Right!, not An Even-Handed History "hypocrite," and might answer the soon as he was able (Foote, Vol. III, pp. of the South. But the "peculiar" institu­ hypothetical question, "I wonder how 108-112). This was not the proudest tion is too evil a practice to skirt over moment in the history of the Con­ and prettify. federate Army, but neither is it the On the brighter side, the chapter No one ever manned the bar­ ghastly war crime Loewen describes. includes some facts you'd never dream So who does Loewen cite as a of had you only been reading a conven­ ricades after being fed a diet of source for this controversial anecdote? tional history text - or Lies My Teacher "on-the-other-hand" rhetoric. Himself! The tidbit comes from his own Told Me - including a list of blacks, history textbook, Mississippi: Conflict both slave and free, who served in the and Change. When one of the texts he Confederate States Army, and an anec­ Bill Clinton would have responded to spends a few hundred pages analyzing dote about a black veteran who was slavery?" In Lincoln, it is a sign of his ignores a historical debate this way, he admitted into a Confederate Veterans' "complexity." mercilessly attacks it for being simplis­ retirement home in the early twentieth The South Was Right! produces fur­ tic, for mindlessly promoting the views century. Details such as these tend to be ther examples of the Great Eman­ of the United States government, and ignored by those who prefer one­ cipator's "compleXity," such as his pro­ for treating complex questions as sim­ dimensional paintings of the South as a motion of one Colonel Turchin to briga­ ple morality plays. land of nothing but hatred· and dier general after the colonel was court­ oppression. martialled (and convicted) for allowing Lies, Damn Lies, Still, after reading the Kennedy his command to commit war crimes in and Yankee History brothers' comments on slavery and the town of Athens, Alabama. The The South Was Right!, as you might racism, it would be wise to turn back to Kennedy brothers' source for this is the guess, takes a different view of the War Loewen for a more critical view. U.S. government itself, in The Official Between the States. The Kennedys are Records: War of the Rebellion. Loewen determined to answer every possible doesn't see fit to discuss this or the charge that might be made against the Slavery was an important many other outrages committed by the South and the Confederacy, and they Northern army. leave few stones unturned when reason for secession, particu­ He does recount the story of a racist leveling charges against the North. The larly in the Deep South. But atrocity committed by the Con­ first chapter consists of retorts to what Virginia, Tennessee, Arkansas, federates: "the infamous Fort Pillow they call "Yankee myths." Among the massacre by troops under Nathan myths: "Lincoln the Emancipator, and North Carolina only Bedford Forrest, who crucified black Humanitarian, and Protector of seceded after Fort Sumter had prisoners on tent frames and then Liberty" (26), "The North Fought the been attacked. burned them alive, all in the name of War to Save the American Constitu­ preserving white civilization" (184). tional Union" (32), and "General Lee But the events at Fort Pillow are actu­ was a Reluctant Southern Nationalist" Nowhere in The South Was Right! will ally disputed. According to Shelby (40). you read about - for example - the Foote's The Civil War, a different ver- Most of these are indeed myths, but Confederacy's "twenty nigger" law, some of their debunking which exempted overseers of a large isn't very convincing. number of slaves from military service. Take the above­ mentioned discussion of Bury My Heart Robert E. Lee. The at Stone Mountain authors allow that Lee Is Loewen correct when he asserts ~M;~~'::- was opposed to seces­ that "slavery was the primary cause of f},... ==- sion until the threat of the Civil War" (134)? Or are things more aggression forced his complex? From the documents of the hand. That sure sounds time, one has to conclude that slavery ~ ---- ­ "reluctant" to me. . was an important reason for secession, Perhaps the weakest particularly in the Deep South. chapter in The South Georgian Robert Toombs' remarks in a Was Right! concerns race debate on secession with Alexander "Not tonight, Eddie -I have to wash my hair." relations in the Old Stephens include a passage in which he 60 Liberty Volume 9, Number 1

"demand[ed] the equal right with the the finger of God: "The passage, on North to go into the common territories behalf of blacks, of this shining jewel of with all of our property, slaves our Constitution shows how idealistic How to included, and to be there protected in its were the officeholders of the Repub­ peaceable enjoymentby the federal gov­ lican Party, particularly when we con­ ernment." The Mississippi resolutions sider that similar legislation on behalf Subscribe of November 1860 denounced the north­ of women cannot be passed today" erners for having "insulted and out­ (187). This quote is guilty of several to raged our citizens when traveling ... by sins he uncovers in other texts, primar­ taking their servants and liberating the ily in its whitewashing the story of how same." But Virginia, Tennessee, Arkan­ the amendment was passed. One Liberty sas, and North Carolina only seceded would never get the impression, read­ after Fort Sumter had been attacked ing Loewen, that the amendment was and Lincoln had called for 75,000 vol­ added to the Constitution only by Liberty takes individual unteers to invade the South. denying several southern states reentry More importantly - and here is a into the union until they ratified it ­ freedom seriously ... and point that Loewen completely misses­ and refusing to recognize some north­ the status quo with more the reasons for secession and the rea­ ern states' repeal of passage. His "idea­ than one grain of salt! sons for the war are not necessarily the listic" Republicans could not have Liberty tackles the tough problems. same. Ifthe North fought the war to end succeeded in passing this 1/shining Every issue of Liberty presents slavery, why didn't Lincoln abolish it in jewel" if they had been idealistic about essays studying current trends in the loyal states of Missouri, Kentucky, the u.s. Constitution. political and social thought, discus­ Maryland, West Virginia, and sions of the strategy and tactics of Delaware? And why didn't the Eman­ A Look Back in Anger social change, analyses of current cipation Proclamation do a little more Teaching U.S. history is too impor­ events, and challenges to popular emancipating and a little less proclamat­ tant to be left to the experts. Loewen beliefs. Liberty also offers lively ing? Why didn't Ole Honest Abe at least largely confines his critique to the book reviews, fiction, and humor. ask General Grant to free his wife's, er, twelve history texts that he studied, and "involuntary servants"? (Loewen, who his book generally succeeds at showing You won't want to miss a single issue! laments critical omissions from u.S. his­ their weaknesses. To his credit, he usu­ tory texts, leaves the reader blissfully ally avoids painting history as one long Act Today! unaware that the leader of the war episode of White Guilt, and he opposes Liberty offers you the best in liber­ against slavery was himself tarred by "feel-good history" for minorities as tarian thinking and writing. So the infamous practice.) well as for affluent whites. His chapters don't hesitate. You have nothing to Loewen criticizes the mote of cogni­ on the Civil War should be taken with a lose, and the fruits of Liberty to tive dissonance in others' eyes, but is massive pillar of salt, but he redeems gain! oblivious to the beam ofinconsistency in himself in most other areas. his own. Noting some southern voices The South Was Right! was conceived Use the coupon below or call: who called for abolishing slavery and/ for a very different reason than Lies My or arming slaves, he asks, "What ... Teacher Told Me. The Kennedy brothers would the new black soldiers be fight­ are trying, with intellectual and emo­ 1-800-854-6991 ing for? Slavery? Secession? What, for tional appeals, to activate and enrage (Subscription orders only; no inquiries please.) that matter would white Southern people, especially southerners, against troops be fighting for, once blacks were the Leviathan on the Potomac. I believe r------,' Please enter my subscription also armed?" (185, emphasis in original) they are correct in their core view that I·YeS to Liberty immediately! I The obvious answer, their homeland, the southern states had the right to a Six issues (One Full Year) $19.50 never occurs to him. Perhaps he is not assert their independence in 1861, even I a Twelve issues (Two Full Years) $37.00 I aware of the United States' war atroci­ if some of the evidence they offer to I Add $5 per year for foreign subscriptions. I ties against black southerners, atrocities support that position doesn't wash, and recorded in The Official Records and even if they skirt around southern recounted in The South Was Right! It also motives less noble than a desire for I never occurs to him that if many south­ freedom and independence. I find their erners were considering abolishing slav­ occasional sins, more of omission than I ery, perhaps the survival of that commission, to be forgivable. This book institution was not their onlyconcern. is a manifesto, not an even-handed his­ If his views about the war are ques­ tory, and no one ever manned the barri­ tionable, on some related subjects cades after being fed a diet of on-the­ Loewen goes off the deep end. He other-hand rhetoric. Nonetheless, the I signature seems to believe that the Fourteenth South can still be right even if it is Amendment was written in stone by allowed to be imperfect. 0 September 1995

the people are pure. When the government is invasive, the people are wanting. The more laws are promulgated, That Which Is Called the Tao about money, either. the greater the number of thieves. Is Not the Tao - I'd never given On the plus side, Hoffman is for When people are starving, much thought to all those The Tao of open borders and eradicating military it is because their governments take This-and-That and The Tao of Whatever­ spending. But he also writes, "It should too much, Ails-Ya' books. Then I read, in the first be fairly clear that unbridled freedom causing them to starve. chapter of Murray Rothbard's Economic in economics can and indeed has led to When people are hard to control, Thought Before Adam Smith, that the significant abuse of the system, through it is because of the contrivances of their governments, "Taoists were the world's first libertari­ greed [Ah! The G-word!], unethical which make them hard to control. ans, who believed in virtually no inter­ practices, and the like." To offset all this ference by the state in economy or greedmongering, government should About the only thing Hoffman and society." stimulate the economy, train workers Lao-tzu agree about is that war is bad. So I'm browsing through Borders, who have lost their jobs due to techno­ Other than that, Hoffman is about as and in the middle of the economics sec­ logical shifts, and feed, clothe, and Taoist as Bill Clinton. tion is Ivan Hoffman's The Tao of house the poor. -Douglas French Money (Prima Publishing, 1994, 210 What would the original Taoist, pp., $17.95). Well, I can't pass up a Lao-tzu, have to say about this? A few Out of His Depth - Hilary book on money from a libertarian point selections from Thomas Cleary's trans­ Putnam is a distinguished professor of of view. Unfortunately, Hoffman's ver­ lation of the Tao Te Ching should offer a philosophy at M.I.T. and the author of sion of Taoism doesn't jibe with few clues: numerous books on epistemology and Rothbard's. And the book really isn't When the government is unobtrusive, philosophy of science. I read his Realism with a Human Face (Harvard University Press, 1990, 424 pp., $15.95) in order to absorb the latest develop­ ments on scientific realism (e.g., what is the current status of elementary parti­ cles in physics?) and necessary truths (e.g., is it necessarily false that I could have been born at a different place or Classified Advertising is available for 50¢ per word, with a ten-word minimum. 10% time?). One essay in this collection, discount for six or more insertions. Payment must accompany order. Please suggest "How Not to Solve Ethical Problems," classification. begins with a blast at those ethical theo­ Business/Employment increasing personal freedom, for libertarians, ries that "prove too much" - that is, if New - Freedom Technology! Become self­ survivalists, anarchists, outlaws, since 1979. they are true they devastate not only the sufficient doing the easiest thing ever invented Lively, unique. $12 for six issues, sample $2.00. opponent's theories but also parts of to make huge $'s seven ways! Full details ... Box 29-LB, Hiler Branch, Buffalo, NY 14223. one's own. He uses Nozick's theory in write to: Academic Investigators, 11684 Ventura The only publication that takes libertarian ideas Anarchy, State, and Utopia as a case in Blvd., Suite 758-E, Studio City, CA 91604 seriously enough to debate them and test their point: Nozick's theory not only gets rid Literature limits. In Critical Review, the best free-market of welfare but also gets rid of taxation, Abortion and Rights: Applying Libertarian scholars in the world debate eminent writers of other persuasions in every social science. which in Putnam's opinion is enough to Principles Correctly, by Doris Gordon. $2.00. make Nozick's theory absurd on its face. Libertarians for Life, 13424 Hathaway Drive, #22, Forthcoming and recent authors: James Wheaton, MD20906.301/460-4141. Buchanan, Harold Demsetz, Roger Garrison, Putnam describes his early Nathan Glazer, John Gray, Robert Higgs, Marxism, as well as his return to it dur­ The Market for Liberty, by Morris and Linda Charles Kindleberger, Israel Kirzner, Leszek Tannehill. An anarchist classic! Forward by Karl ing the Vietnam War, which he aban­ Kolakowski, Donald McCloskey, Charles doned because he found Marxists Hess, introduction by Doug Casey. Send $12.95 Murray, Jan Narveson, Richard Posner, Anna plus $3 shipping to Liberty Book Club, P.O. Box Schwartz, David Ramsay Steele, James Q. intolerant of dissent. He condemns 1181, Port Townsend, WA 98368. Wilson. Four 160-pp. issues/year. $15 students Communism along with (what he calls) My God! You still believe the Morality of with copy of 10; nonstudents: $29 U.S., $35 for­ conservatism - Communism, because Altruism is the root of our problems!? That's the eign, $50 foreign air. P.O. Box 25068, Dept. L, their system cannot provide justice, and awkward theoryIbelieved, too, until I discovered Chicago, IL 60625. conservatism, because it lives too com­ the much more compelling truth. 60-page bound and illustrated essay available for $10.00 from The Upward Manager: bi-monthly newsletter fortably with the thought that millions R.T. Graphics, Box 778, Washington, LA 70589. on using trusts, partnerships, corporations, lim­ will have to remain in permanent pov­ ited-liability companies, and other tools for asset erty. How this is implicit in "conserva­ Refute Liberals! Handbook. $4.00 to protection, business enhancement, and interna­ Showdown, P.O. Box 246512, Sacremento, CA tional investment. Sample copy free. (800) 364­ tism" is not made clear. But he does 95824. 1630. appear to believe that the conservatives in power are to blame: Periodicals The Voluntaryist - sample copy for two first­ Living Free newsletter, practical methods for class stamps. Box 1275, Gramling, SC 29348. When we take the stand that nothing 62 Liberty Volume 9, Number 1

can be done about high unemploy­ is a dangerous thing for a person with RENAISSANCE ment rates, and that a whole genera­ distinction in one field to use that dis­ tion of young people in their teens tinction to make pronouncements in BOOKSERVICE and twenties will simply have to wait another field of which he has onIy a Books by Murray Rothbard for better times before they can hope hearsay acquaintance. -John Hospers to have better than a dead-end job (or o Man Economy & State in many cases, any job at all), we are Crackpot in the Ivory Tower flouting our professed commitment Treatise on economics, includes to a "right to a job." Unemployment - "What finally broke the S&Ls was a critique ofstate intervention. did not come about by accident, after combination of bureaucratic meddling, Hardback, 2 volumes, out ofprint a credit crunch after years of /easy all: government decisions to raise edition, scuffed dustcover $50/set interest rates and 'wring out' the money,' and the industry's own economy in order to bring down the chronic mismanagement and massive o Power & Market $9.95 rate of inflation predictably had the overinvestment," George Roche writes Point by point attack on state effect of throwing millions out of in The Fall ofthe Ivory Tower (Regnery interference in the economy. work and causing the disappearance Publishing, 1994, 310 pp., $15.95). "That o For a New Liberty of entry-level jobs. Ifitis right for gov­ combination is precisely what threatens ernment to regulate the rate of colleges and universities today." Applies libertarian doctrine to employment at all (and "wringing Roche's book is at its best when it public policy issues $12.95 out" the economy is regulating it ­ details the history, politics, and distort­ regulating it downwards), then the ing effects of government funding of Send order with payment to: government, which is supposedly act­ higher education. It also includes inter­ RENAISSANCE BOOKSERVICE ing in the interest of the majority who P.O. Box 2451 Riverside, CA 92516 still have jobs, has a moral obligation esting information about corruption among administrators, exploitation of (add $1.00 per book for shipping, to protect and help the minority Calif residents add 7.25% tax) which is asked to suffer for the sake of the untenured, and affirmative-action Write for free catalog the community. To ask young people failures. And its discussion of rising tui­ Over 200 titles on who are unemployed to give up their tion, while incomplete, is on the right economics, history etc life chances by deferring entry into track. or call (909) 369-8843 real jobs for five, or ten, or however It is much less successful when it many years so that the middle class strays from these topics. won't have to worry about inflation is Roche's favorite form of argument to ask too much. (p. 188) is the anecdote; far more pages are Putnam mentions Milton Friedman spent listing one-sentence horror sto­ THE RIGHT GUIDE only to dismiss him. Whose economic ries than offering detailed, broad­ theory then is Putnam using to "prove" based, statistical support for his posi­ 1995 that high employment can be achieved tions. Such stories are useful, of course, CAN YOU MATCH CEO & SALARY? only at the price of high inflation? Is it and some of the tales Roche has gath­ 1. Edward Crane, III (Cato Institute) perhaps his view that high employ­ ered are damning. But others aren't. 2. Christopher DeMuth (AEI) ment is impossible without creating For example, when Roche decides to 3. Edwin Feulner, Jr. (Heritage Found.) millions of government make-work demonstrate the pointlessness of much 4. John Goodman (NCPA) 5. Wayne LaPierre, Jr. (NRA) jobs, and that the resulting debt entails modern scholarship, he offers as proof 6. Ralph Reed, Jr. (Christian Coalition) inflation? Has he not heard of prosper­ a list of recent scholarly books, on the (not in correct order) ous economies without inflation? Has theory that their titles alone should a) $122,556 b) $111,507 c) $161,593 he read anything of American eco­ prove his point. Unfortunately, many d) $430,158 e) $329,560 t) $173,881 nomic history? Has the thought crossed of the books are actually legitimate The answers are only in THE RIGHT GUIDE his mind that high unemployment scholarship (Girls Lean Back Everywhere 1995, a directory ofover 3,400 conservative, occurs when taxes and regulation make is a respected history of censorship), or free-market, and libertarian organizations. it no.longer worth someone's while to could very well be legitimate scholar­ 831 groups are profiled in-depth, listing mission, accomplishments, publications, key start a business and take on employees? ship (I've never heard of Acting Gay: personnel and their salaries, revenues, Is it a thought unfamiliar to him that Male Homosexuality in Modern Drama, expenditures, net assets, newspaper citations, our present condition has come about but I don't see anything inherently silly e-mail address, more. LISTINGS INCLUDE: Computer Networks, because big government has eaten our about the topic). And many aren't even Economics, Environment, Gun Owners' sustenance? But no, big government is published by university presses: his list Rights, Libertarian, Objectivists and more. not one of his villains - it is for him a includes titles from such commercial "THE RIGHT GUIDE 1995 is a great resource necessary means of rescuing the needy publishers as Random House, St. for networking in America's liberty from their otherwise inevitable Martin's Press, and Basic Books. movement." PROF. WALTER E. WILLIAMS condition. What's more, while Roche under­ 484 pages, clothbound. So, instead of identifying the real stands the pernicious role of education $49.95 (includes UPS shipping) enemies of unemployment and depres­ subsidies, he ignores other forms of Economics America, Inc. sion, he demonizes the very people government intervention that have fed 612 Church St. Ann Arbor, MI 48104 who could alleviate these conditions. It the collegiate Leviathan. Occupational VisafMC call (800) 878-6141 Volume 9, Number 1 September 1995

licensure is never mentioned. Neither pp., $39.95 hc, $16.95 sc) by Hollinda 1994, 150 pp, $11.50), by Donna Quick. is the Pentagon. Instead, Roche wastes Wakefield and Ralph Underwager Without the slightest hint of self­ time on such topics as "Morality on offers ample evidence supporting this awareness, Quick tells the story of how Campus," a subchapter mostly given explanation. The book provides a lay­ her friends and neighbors harassed over to complaining that universities person's introduction to current the Rajneeshees who settled in the no longer persecute homosexuals. research on human memory, the claims Oregon desert only 35 miles from their Such ranting reveals more about the of repressed memory theorists, and the little town of Antelope (pop. 39), only author than about college life. case against their validity. to have the Rajneeshees rent a place in Someday, someone is going to I don't buy their basic thesis, indi­ town, move in, win the election, and write a comprehensive report on cated by the title, that recovered mem­ take over the town. Before the struggle what's wrong with American higher ory claims represent a vicious return of was over, the state of Oregon, the U.S. education. He'll find some useful leads rampant irrationality, and that this rep­ government, and an elitist environmen­ in Roche's book, but he'll have a lot resents a serious threat to our society. tal group had joined the struggle more legwork to do on his own. America has always had a surplus of against the outsiders, who proved -Jesse Walker scapegoats and paranoiacs. Repressed themselves just as loony as the towns­ memory battles are at most just another people, though not as unneighborly. Blankout - In the mid-'70s, my symptom - and a marginal one, when -R.W. Bradford mother, brother, two cats, and I one compares it to, say, the persecution packed our blue Impala and drove of drug users or gun owners. from Boston to Chicago. Sometime The book could also do with a little during one of the 30 gazillion ear­ less babble about the wonders of torturing times Barry Manilow's "I Western civilization, e.g., "At the begin­ Quentin Write the Songs" was on the radio, the ning of Western civilization the conflict My Gun Is Quirk - Tarantino may be credited with reinvig­ car overheated, leaVing us stranded on between men and women was settled by orating cinema, showing Hollywood 1-90. Ma flagged a man willing to help reason, balance, and fairness" (p. 380). decision-makers that good writing and and, telling her eight-year-old and One doesn't have to be a P.C. nut to find odd plotting and an offbeat point-of­ four-year-old sons to stay in the car, this absolutely absurd. view can sell at least as well as cut-and­ rode off to get some antifreeze. All the same, the case against recov­ paste filmmaking. But other recent films Or so I remember. It didn't occur to ered memories is very strong, and they demonstrate that Tarantino has no mon­ me until a few years ago that this present it ably. It's a book worth read­ opoly on oddity. Consider My New Gun behavior didn't speak well for my ing, by those on all sides of the debate. (Stacy Cochran, director; 1992). ma's ma-ing instincts. So I asked her if -Michael Levine From the video's cover, I feared that she had indeed left us alone. Of course this would be an anti-firearms caution­ not, she answered, she brought us A Place in the Sun - If you ever ary tale. But the writing is too weird, too with her. My brother corroborates her wanted to read a semi-literate account attentive to realistic speech-patterns and claim. I'm inclined to believe them. So by a small-town bigot of what happens everyday misunderstandings - indeed, why do I have such a vivid memory of when members of a strange foreign too attuned to human eccentricities - to the (non)incident? religious cult buy up land in the ruin the film with anti-gun moralizing. One obvious explanation is that American hinterland and try to practice Indeed, like, say, NBC's Seinfeld, it is human memory isn't reliable. Return their religion in private, get a copy of A basically morality-free. But it is not farci­ of the Furies (Open Court, 1994, 431 Place Called Antelope (August Press, cal, like Jerry Seinfeld's sitcom; and it is not superficial or inhumane. The film is SPECIAL OFFER full of surprises, odd moments of people Rare Video trying to figure out what is going on; Phil Donahue people acting, that is, pretty much as they do act when strange things actually Interviews happen to real people. AYN RAND and MILTON FRIEDMAN So what happens? A doctor buys his wife a gun; she loans it to the quiet Two fascinating original 49 minute interviews filled with wit, charm, and verbal barbs. next-door neighbor, even though he Both on one delightful VHS video. may be a criminal; getting it back, the PRE-RELEASE SALE husband shoots himself in the foot; he is poisoned by an egg salad sandwich $24.95 (with this ad) .regular price $29.95 Shipping, handling, an taxes included while in the hospital; he demands a trial separation ... well, the litany of events Send Name, Address, and Payments to: does not even suggest how peculiar this NO FREE LUNCH n()rRtgl/rORS movie feels. The acting is perfect, 2219 W. Olive Ave., Suite 218 though I recognized only two players Burbank, CA 91506 (Tess Harper, playing the mother of ( Allow 4 weeks for delivery ) "Skippy," the next-door neighbor; and Volume 9, Number 1 September 1995

Stephen Collins, playing the doctor­ his newly independent homeland, he League colleges and making a trium­ husband). The lead actress, Diane Lane, volunteered for service in the Red phant visit to Hollywood, where he is marvelous, with a perfect, puzzled Army, where he studied theater. In hoped to make a film and was wel­ look and excellent hesitant delivery. 1920, he left the army to join the First comed by Douglas Fairbanks, Charlie (She is also extremely attractive.) Workers Theatre of Proletcul, which Chaplin, and Walt Disney. His My New Gun takes a slice-of-life look was striving to replace the old culture Hollywood project was sidetracked and at yuppie-middle-class life and, with a with a new Communist one. He made he returned to renew his work on twist of the cutting room knife, shows it his first film in 1923. In the words of a behalf of Stalin. in its full vacuity ... if through a glass, standard reference book, "he believed But I suspect the real reason is sim­ quirkily. -Timothy Virkkala that his duty as an artist was to contrib­ pler. Germany lost the war and the ute to the forging of the new life for his Soviet Union won it. Just as the victors It's a Horrible Life - Few docu­ country [and] eagerly embraced the film write the history books, so they evalu­ mentaries are as well-titled as The won­ medium as the most efficient tool of ate filmmakers. derful, horrible life of Leni Riefenstahl communist propaganda." He followed When the war ended, Riefenstahl (Ray Muller, director; 1993). The won­ every jot and tittle of the Communist was shown Allied film of the piles of derful part of Liefenstahl's life, of Party line, even speaking in favor of alli­ corpses in Hitler's death camps. She course, was her films, notably Triumph ance with Nazi Germany during the was shocked, as any decent human of the Will (1935) and Olympiad (1938), period of the Stalin-Hitler pact. His being would be. But there was no one two of the most visually stunning films were easily as propagandistic as to show Eisenstein films of the 30 mil­ movies ever produced, and certainly Triumph and vastly more so than lion starved in the Ukraine during the two greatest documentaries ever Olympiad. Stalin's collectivization of agriculture. filmed. Yet curiously, Eisenstein is not As a conscientious and dedicated They are also the horrible part of her remembered as part of the murderous Communist, would Eisenstein have life. Both movies were made in Nazi Stalinist regime. He is celebrated as a been shocked? -R.W. Bradford Germany. Worse still, the subject of the great pioneering filmmaker who hap­ former was the 1934 Nazi rally in pened to live in the Soviet Union. A Short Note - One of the best Nuremberg, and it glorified Hitler and Why the different treatment? Well, films of 1993 received no Oscars Nazism. Indeed, it was used as Nazi Eisenstein's pro-Stalinist views had a lot (though it did get four "Genies"): propaganda. Her critics also manage to of appeal to American intellectuals and Thirty-Two Short Films About Glenn find a Nazi flavor (the body beautiful filmmakers of the era. He visited the Gould (Francois Girard, director). It is a was a Nazi theme, they say, and ...) to United States in 1930, lecturing at Ivy continued on page 69 Olympiad, though here they stretch cred­ ibility a bit. Riefenstahl never cared much for politics, and saw her films as apolitical works of art. She could just as easily have filmed a rally for Franklin Roosevelt or Joseph Stalin, or Olympic SECRETS OF PERSUASIVE games staged in Moscow or Los Angeles. Even so, after World War II, LIBERTARIAN COMMUNICATION she was put in detention for four years, and has pretty much remained an object For the 21st Century of opprobrium ever since. Much of the documentary about her life consists of Spend 3 Days That Could Change Your Life With: her being badgered about her work for Doug Bandow Jacob "Bumper" Hornberger the Nazis. She explains over and over Doug Casey Carole Ann Rand that her concern was cinema, not poli­ Michael Emerling Cloud Mary Ruwart tics. Before the documentary is over, it Marshall Fritz Michael Rothschild seems like she protests too much. John Fund Joe Sobran Leni Riefenstahl is not the only great filmmaker to put her talents to work on Early Registration Special behalf of a totalitarian monster. The Stimulating Speeches. Thought Provoking Seminars. very celebrated Sergei Eisenstein did his Compelling Conversations at the Atlanta, Georgia - Airport Hilton Towers ­ work for the murderous Soviet regime, 5 minutes from Atlantas Airport. beginning in the 1920s and lasting through the post-World War II period. For reservations and information, write or call: Unlike Riefenstahl, Eisenstein was an Advocates for Self-Government cg~l;, ideologically committed servant of his 3955 Pleasantdale Road, #106A ~ ~ master. He was a Latvian studying in Atlanta, GA 30340 St. Petersburg when the Bolshevik revo­ 800-932-1776 (FAX) 404-417-1305 lution broke out. Rather than return to Volume 9, Number 1 September 1995 Index to Volume Eight

Jonathan H. Adler Douglas Casey an angry Senate rf 8:3, 14 Tyranny Now rv 8:1,54 In Kyrgyzstan ar 8:4,43 Renaissance Economist b 8:3,65 Chester Alan Arthur Lighten Up, Jack ar 8:4,55 Murray N. Rothbard, 1926-1995 0 8:4,24 The Whitewater tapes rf 8:1,7 Michael Christian John Hospers Browneing in rf 8:1, 17 Disown a piece ofthe Rock rf 8:5, 11 O.J. and counterfactuals rf 8:2,5 No flies for dinner rf 8:2, 12 Colleen Coleman Pulp friction rf 8:5, 10 Coincidence? rf 8:2, 18 Abandoned! b 8:1,63 Damon M. Hunzeker Note to political scientists rf 8:3,7 Roy Cordato Dirt Nazis rf 8:4, 14 Self-restraint rf 8:3,9 Sinful Taxes ar 8:4, 57 Greg Jenkins Terms of Indictment sb 8:3, 16 Dmitry Costygin (with Y. Gvozdev) Gotta Sing f 8:1,48 Periphery Vision sb 8:3, 18 "We the Living" d 8:5, 50 Gene Jewett Measure for Measure sb 8:3, 22 Dystopia Undone rv 8:6,57 Them wacky Democrats rf 8:4, 8 Stephen Cox A prophecy comes home to roost rf 8:6, 9 Kill for peace rf 8:1, 12 Bill Kauffman Contract for liberty? rf 8:6, 9 Why are we in Hispaniola? rf 8:2,20 Clinton collects his wits rf 8:2, 7 The Turtle and the Hare-Brains ar 8:3, 15 I'll take Haiti, and another slice rf 8:4,7 Chester Alan Arthur (interviewer) Uncle Tom's Cabinet rf 8:4, 10 Russo and Revolution in 8:3,27 Democratic Party reptile rf 8:4, 10 Murray N. Rothbard, 1926-1995 0 8:4,22 A Globe of Villages ar 8:4, 34 Caroline Baum What a friend we have in Willy rf 8:5, 9 As we go marching down Bond Market Babylon ar 8:5,40 Atlas juiced rf 8:5, 12 Tobacco Road rf 8:5,8 John Ber~strom Innocent Bystanders? ar 8:6, 15 Jackboots and Garter Belts sb 8:6, 18 Star Tre : The X Generation rv 8:5,65 Ed Crane Bart Kosko Tom Bethell De-Inventing Government ar 8:6,46 Saturday night holocaust rf 8:1, 16 Murray N. Rothbard, 1926-1995 0 8:4,23 Gus diZerega Bentham's back and there's David Boaz Deep Ecology Meets the Market ar 8:1,29 gonna be trouble rf 8:2, 10 Mugged by a metaphor rf 8:1,7 Brian Doherty Telephone privacy, 1876-1994 rf 8:2, 15 From steel to stealing rf 8:1, 8 Just say treason rf 8:3, 10 Richard Kostelanetz The yellow goldbrick road rf 8:1, 10 Asimov III: the final chapter rf 8:3, 14 On being a widely published Rent asunder rf 8:1, 13 Broken Promise b 8:3,65 unpublished author rf 8:1, 13 The Nixon difference rf 8:1, 17 Atlas Schmucked b 8:3,66 The Critic, Years After rv 8:2,62 The Distended Public Sector ar 8:1,27 American Spleen rv 8:4, 59 I'll Take Manhattan ar 8:3,43 Roger Lea MacBride, 1929-1995 0 8:5, 13 An American life: act six rf 8:6, 9 I Saw John Cage at Madison The Sensitive Jacobins rv 8:5, 62 Square Garden rv 8:5,63 Cerchez la harridan rf 8:6,7 Seth Farber The Bedlamming ofAmerica ar 8:2,34 Anarchist Lockstep rv 8:6,61 Ben Bolch (with Harold Lyons) Val Lambson The Logic ofthe Toxic ar 8:1,44 When Pushers Come to Shove ar 8:3,53 Robert Formaini Convincing the Unconvincible ar 8:5,33 R.W. Bradford Phil Leggiere Conservatism tiber alles rf 8:1,7 Cato Free-For-All ar 8:2,55 Douglas French Radio Ga-Ga rv 8:3,64 Poor man's burden rf 8:1, 16 Road Yuppie rv 8:4,64 Rothbard the teacher 0 8:5, 14 The Hess conspiracy rf 8:1, 18 Pierre Lemieux One Strike, You're Out! ar 8:1, 41 Lowell Gallaway (with Richard Vedder) Back to Work ar 8:3, 37 Market Stalinism, 101 rf 8:1, 7 Hidden Upstate b 8:1,63 Court economist rf 8:1, 13 To your health rf 8:2,6 J. Orlin Grabbe Academic Style ar 8:1, 26 I, Hack rf 8:2, 12 Feed the Children f 8:5,51 Smoking out the Puritans rf 8:2, 5 Russell Means liberty rf 8:2, 15 The End ofOrdinary Money ar 8:6,32 The laisser oftwo evils rf 8:2, 7 Black Jacobins, white Lafayettes rf 8:2, 17 Public-Key Cryptography Soot and Old Spice rf 8:2, 10 CrimesofOpportunhy ar 8:2,32 in One Easy Lesson sb 8:6, 39 Memoirs ofa Soviet Dissident The Market Meets Deep Ecology ar 8:2,49 Bettina Bien Greaves in Canada Wheeling and Dealing Around ar 8:3,45 Murray N. Rothbard, 1926-1995 0 8:4,26 Are they us or are we they, or the World rv 8:2, 57 John Chamberlain, 1903-1995 0 8:6, 12 none ofthe above? rf 8:6,7 Who's the boss? rf 8:3, 8 E.K. Gregory Uncivil Disobedience ar 8:6,43 A Crisis ofFaith ar 8:3, 19 Stealth Health ar 8:4, 32 Sliding Down the Bell Curve sb 8:3, 59 David & Mary Lemke Y. Gvozdev (with Dmitry Costygin) Death in Oregon sb 8:4,31 Congress, rule thyself rf 8:4,7 "We the Living" d 8:5, 50 Professional courtesy rf 8:4, 9 Michael Levine Drop that baby, or we'll shoot! rf 8:4, 10 Leon T. Hadar Ifat frrst you don't succeed rf 8:1, 14 Redistributing intelligence rf 8:4, 16 Hail to the Wimp! ar 8:1, 19 Shock jock drop out rf 8:1, 17 Liberty Triumphant? ar 8:4, 17 D-Day matinee rf 8:2, 16 The closing ofthe Murray N. Rothbard, 1926-1995 0 8:4,26 Out of Washington rf 8:3, 10 American mouth rf 8:2, 7 Out ofthe Asylum rv 8:4, 63 Slovakia, mon amour rf 8:5, 7 Postal hellhounds on his trail rf 8:3, 7 Whose ox is xeroxed rf 8:5, 8 The Chechnya syndrome rf 8:5, 13 My Kind of Town? sb 8:3,20 Mr. Something-or-Other rf 8:5, 14 Cato on NATO b 8:5,64 More Hayekian Than Thou b 8:4,67 Mexican Hayride ar 8:5, 15 The Voice ofReason sb 8:6, 16 Relatively Speaking b 8:5,64 Knowledge Compact rv 8:5, 66 Cold Media, Hot America sb 8:6, 20 After apartheid m 8:6, 14 Crazy Willie's auto sale-a-thon rf 8:6, 8 "Anti-Government" sb 8:6, 24 Leon Czolgosz Redux sb 8:6, 17 Strike four rf 8:6, 11 Robert Hessen Nein! Nein! b 8:6,64 Be All You Can Be sb 8:6, 18 Murray N. Rothbard, 1926-1995 0 8:4,23 Leonard P. Lig~io Still Smoldering ar 8:6,22 Robert Higgs Murray N. Rot bard, 1926-1995 0 8:4,21 "Anti-Terrorist" sb 8:,6, 24 Talkin' 'bout a revolution rf 8:3,8 Ronald F. Lipp Solving the Debt Crisis ar 8:6, 53 Sinners in the hands of Farce and Madness rv 8:3,62 66 Liberty Volume 9, Number 1 September 1995

Loren E. Lomasky Grover Joseph Rees The Yale man's burden rf 8:5,8 French fried potentates rf 8:1,9 Out of Cuba ar 8:2,21 The Sistine urinal rf 8:5, 10 Wining, not whining rf 8:3,7 Mark Rembert Bad Medicine b 8:5,64 To Vote, or Not To Vote ar 8:3,25 State of III Health ar 8:4,27 Brian Taylor New clowns, same circus rf 8:6,7 Sheldon Richman Free Speech, Blah, Blah ar 8:3,34 Hobbes and Locke in Murray N. Rothbard, 1926-1995 0 8:4,24 Jeffrey Tucker Oklahoma City ar 8:6,29 State of the onion rf 8:5,7 Murray N. Rothbard, 1926-1995 0 8:4,25 Tom Loughran James S. Robbins Richard Vedder (with Lowell Gallaway) Vouching for Christine rf 8:2,5 Hooray for Hillary! rf 8:2,5 Back to Work ar 8:3, 37 Instead of a vote, by a man Squeeze the Juice rf 8:2,5 Timothy Virkkala too busy to cast one rf 8:3, 14 Oh, them big numbers rf 8:4,7 Engineering consent rf 8:2,6 Moribund in Washington sb 8:4,30 Pretty girls, and gridlock too! rf 8:4,8 Blank canvass rf 8:2, 14 X Offender b 8:5,64 The Gospel According to Hillary rf 8:4,9 Cleaning up rf 8:2, 18 Harold Lyons (with Ben Bolch) Sic Transit Gloria Steinem rf 8:4, 14 Jeffersonian Principles b 8:2,68 The Logic of the Toxic ar 8:1,44 From Russia, with blood rf 8:4, 15 A modest proposal rf 8:4,7 Robert Lee Mahon Joplinomics rf 8:6,8 Murray N. Rothbard, 1926-1995 0 8:4,22 Vocational Ethics ar 8:5,29 From sea to private sea rf 8:6, 10 Dead On b 8:5,64 George Manolovich Memory Hole sb 8:6, 18 Third down, Beethoven's Remapping the Balkans ar 8:2,39 Photo Ops sb 8:6, 20 Fifth to go rf 8:6, 11 Wendy McElroy Kyle Rothweiler Das Fraulein 1st So Wild b 8:6,64 Methodenstreit b This sceptered Isle rf 8:1, 8 The Cheery Nihilist rv 8:2,66 8:6,64 OJ. meets Linda Lovelace rf 8:1,9 Aaron Russo (interviewed) Jesse Walker The northern peso, eh? rf 8:1, 10 Russo and Revolution in 8:3,27 Red carpet? rf 8:1,7 To dream the impossible dream rf 8:1, 16 Send the Marines? rf 8:1, 10 Susan J. Rutter Beat the Press rv 8:1, 56 Talking Sex, Not Gender ar 8:1,35 Disunited Colors ar 8:2,47 Get thee to a nunnery rf 8:2, 10 Chicken Dancing b 8:1, 61 Chris Matthew Sciabarra Dedicated Follower ofFashion b 8:1,64 Bad whore! No doughnut! rf 8:3,7 Straight Outta Brooklyn ar 8:5,45 Girls, guts, and guns rf 8:3,8 Check with Zero Mostel rf 8:2,5 Linda Seebach No blood for votes rf 8:2, 17 Murray N. Rothbard, 1926-1995 0 8:4,23 Science and Sensitivity rv 8:1,59 You gotta license for that mouth? rf 8:5,9 Keep the homefrres burning rf 8:2, 18 Hanging is too good for it rf 8:5, 10 Jane S. Shaw Natural Born Critics rv 8:2, 65 CyberDianetics rf 8:5, 11 Population erosion rf 8:1, 14 It Ain't Necessarily So b 8:2,67 Run for the border rf 8:5, 12 Was There An Industrial The pagan voter rf 8:3,9 The Electoral Quagmire ar 8:5,47 Revolution? rv 8:1,53 Creative destruction rf 8:3, 10 No quarter rf 8:6,7 A Second Look b 8:2,67 The shaft to Schiff rf 8:3, 14 Algorithm and blues rf 8:6,7 Not to the Swift, But to the Smart rv 8:3,54 Erwin Knoll, R.I.P. 0 8:3, 14 Naughty bits rf 8:6,8 Twice burned rf 8:4,8 Scandal for Schools rv 8:3, 60 Slapping the flunky rf Mao more than ever m 8:6, 14 The gated playscape rf 8:4, 12 8:4,7 Slick's willy What Does Affirmative Armageddon! b 8:5,64 rf 8:4, 15 Pulp faction rf 8:4, IS Action Affrrm? ar 8:6,50 It's not easy seeing green m 8:6, 14 Sandy Shaw Access to Tools b 8:4,67 Gary McGath A Gramm of prevention rf 8:5,7 Pretty Great Privacy rv 8:4,66 Better Living Through (Voluntary) Chemistry ar 8:3,52 Blockheaded grants rf 8:5,8 R.R. McGregor Genes, schmenes rf 8:4, 15 She Said, She Said rv 8:5,59 Confessions of a O.1.'s Rage b 8:5,65 Gnostic Gardener ar 8:2,51 Sandy Shaw (with Durk Pearson) Welcome to the Revolution ar 8:4,38 Things in Life That Are Certain v 8:5,66 Victor Niederhoffer Shine the light of truth rf 8:5, 13 Corporate banana rf 8:6,7 Who is Caroline Baum? sb 8:5,41 Postal Employment Syndrome rf 8:6, 10 Gary North Robert Sirico Operation Restore Chaos m 8:6, 14 Murray N. Rothbard, 1926-1995 0 8:4,23 Murray N. Rothbard, 1926-1995 0 8:4,21 Truth, Terror, and TNR sb 8:6, 17 Randal O'Toole Mark Skousen Halfway Humane sb 8:6, 18 Murray N. Rothbard, 1926-1995 0 8:4,25 The Greening ofLiberty ar 8:5,37 Motivated by Hate sb 8:6,21 Carl Oglesby Fred L. Smith Conspiracy Is As Trading Away Free Trade ar 8:1,22 Conspiracy Does ar 8:6, 25 Rothbard the isolationist 0 8:5, 14 Skinning Leviathan b 8:6,65 Ron Paul Joseph Sobran Murray N. Rothbard, 1926-1995 0 8:4,25 Martin Morse Wooster Murray N. Rothbard, 1926-1995 0 8:4,24 Africa Unseen ar 8:5, 31 Durk Pearson (with Sandy Shaw) David Ramsay Steele Ended Quest ar 8:2,43 Leland B. Yeager Welcome to the Revolution ar 8:4,38 Flowers for the Underclass ar 8:5,23 Demo-crazy rf Shine the light oftruth rf 8:5, 13 8:2, 17 Signatures of Terror ar 8:6, 19 Politically Sensitive Science rv 8:3,55 Dyanne Petersen A Tale ofTwo Terrorists ar 8:6,26 Ill-constituted rf 8:4,9 Dear Judge d 8:2,54 Aaron T. Steelman Murray N. Rothbard, 1926-1995 0 8:4,22 Paul Piccone The Mother, Not the Render Unto God rv 8:6,55 Blunder on the Right rv 8:5,55 Daughter, of Order b 8:3,66 Robert Prechter The Mismeasure of Anarchy b 8:4,68 Anti-Politics in Action ar 8:4,54 Dale Steinreich Key Sharon Presley Shooting Down Your Rights rv 8:6,58 The Authoritarian Behind Clark Stooksbury Category: Code: the Curtain rv 8:6,62 Kim II Abe rf 8:1,7 ar article John Pugsley I'll take my stand rf 8:1, 10 Harry, Don't Run! ar 8:4,46 b booknote IfGun Control Is Just, d Ralph Raico What Is Justice? b 8:1,63 document Collaborators all rf 8:3, 8 Adventures in nation-building rf 8:2, 18 m medianote The Manchurian candidate rf 8:3, 9 You deserve a state today rf 8:3,7 0 obituary Timecop rf 8:3, 9 Welcome Back, Gridlock sb 8:3, 18 rf reflection They should've sent Sic Transit Gloria Magistrati sb 8:3, 18 rv review Mark Slackmeyer rf 8:3, 12 Keep Ted Alive sb 8:3,20 Bruce Ramsey The straight Newt rf 8:4,7 sb sidebar Truth and Lies in Black Sitting bullshit rf 8:4, 15 v videonote and White rv 8:2,59 The Critic, Clothed b 8:4,67 Following the category, location of A World Partly Free ar 8:5, 17 Jack of all tripe rf 8:5, 7 cited writing is given by volume, issue, A Look at What Counted sb 8:5, 19 Cutting back county hall rf 8:5, 7 and page numbers. Volume 9, Number 1 September 1995

O'Toole, continued from page 24

Law Olmsted, who invented the profession Index of "landscape architecture," spent most of his career telling cities how they should to Volume Eight redesign themselves, and designed many communities with large lots, separated uses, and other features of modern-day suburbs. of Books Reviewed (by book author) The Swiss-French architect who called himself Le Corbusier proposed cities of Alstad, Diana (with Joel Kramer), The Guru Papers 8:6,62 huge ugly apartment buildings separated Avrich, Paul, Anarchist Voices 8:6,61 by wide avenues and concrete plazas. These Barkun, Michael, Religion and the Racist Right 8:3,66 may have been the model for modern cities Bernstein, Richard, Dictatorship ofVirtue 8:5,62 in the Soviet Union. Birdzell, L.E., Jr. (with Nathan Rosenberg), How the West Grew Rich 8:2,67 Bovard, James, Lost Rights 8:1,54 Frank Lloyd Wright proposed "broad­ Bridwell, R. Randall (with William Quirk), Abandoned 8:1,63 acre city," which placed every single-family Brooks, Frank H., ed., The Individualist Anarchists 8:3,66 home on a full acre of land. In many ways, Buckley, William F., Jr., Happy Days Were Here Again 8:4,59 Wright predicted (rather than designed) the Carpenter, Ted Galen, Beyond NATO 8:5,64 Cato Institute, The Cato Handbook for Congress 8:6,65 modern suburb, and he is also credited with Chomsky, Noam, World Orders, Old and New 8:4,67 designing the style of home known as Coase, Ronald H., Essays on Economics and Economists 8:6,64 "ranch houses." Evans, M. Stanton, The Theme is Freedom 8:6,55 Friedman, MarilYn (with Jan Narveson), Political Correctness: For and Against 8:6,64 So architects like Calthorpe and Duany Frum, David, Dead Right 8:5,55 are merely following a long, if not exactly Gross, Paul R. (with Norman Levitt), Higher Superstition 8:1,59 glorious, tradition. And if people want to Harris, James, Against Relativism 8:5,64 live in the communities that they design, Heider, Ulrike, Anarchism: Left, Right, and Green 8:4,68 that is fine. Herrnstein, Richard J. (with Charles Murray), The Bell Curve 8:3,54 Himmelfarb, Gertrude, On Looking Into the Abyss 8:3,62 But Calthorpe and Duany and the plan­ Jensen, Carl, et al., Censored: The 1994 Project Censored Yearbook 8:1,56 ners who follow them presume that every­ Kauffman, Bill, Country Towns ofNew York 8:1,63 one would be better off living in such cities, Kramer, Joel (with Diana Alstad), The Guru Papers 8:6,62 and are ready to impose their standards on laPierre, Wayne, Guns, Crime, and Freedom 8:6,58 Levitt, Norman (with Paul R. Gross), Higher Superstition 8:1,59 communities like Oak Grove. Planners in Mandl, Dave, ed. (with Neil Strauss), Radiotext(e) 8:3,64 my county hired Peter Calthorpe to help McCloskey, Donald, Knowledge and Persuasion in Economics 8:3,65 them design a neotraditional community. Mokyr, Joel, ed., The British Industrial Revolution: An Economic Perspective 8:1,53 With strict design codes and maximum lot Murray, Charles (with Richard J. Hermstein), The Bell Curve 8:3,54 Narveson, Jan (with Marilyn Friedman), Political Correctness: For and Against 8:6,64 sizes of 4,500 square feet, the community O'Rourke, P.J., All the Trouble in the World 8:5,64 meets new urban standards. Though the Oakeshott, Michael, Rationalism in Politics and Other Essays 8:4,67 planning began five years ago, no homes Paglia, Camille, Vamps and Tramps 8:6,64 have been built and only three are under Quayle, Dan, Standing Firm 8:1,64 Quirk, William (with R. Randall Bridwell), Abandoned 8:1,63 construction - on spec. Apparently, devel­ Reed, Ishmael, Airing Dirty Laundry 8:1,61 opers don't have a lot of confidence that Rendell, Ruth, The Crocodile Bird 8:5,64 people want to live on small lots. Rheingold, Howard, ed., The Millennium Whole Earth Catalog 8:4,67 For the new urbanists, it isn't enough to Richman, Sheldon, Separating School & State 8:3,60 Rogers, Jim, Investment Biker 8:2,57 design new suburbs to their standards. Rosenberg, Nathan (with L.E. Birdzell, Jr.), How the West Grew Rich 8:2,67 They also want to impose neotraditional Roth, Byron, Prescription for Failure 8:5,64 concepts on existing suburbs. The county's Sandler, Matthew, The Sex Offender 8:5,64 plan for Oak Grove was an experiment to Schulman, J. Neil, Stopping Power 8:1,63 Shane, Scott, Dismantling Utopia 8:6,57 see if this would work. Simpson, O.J., I Want to Tell You 8:5,65 Sommers, Christina Hoff, Who Stole Feminism? 8:5,59 Oak Grove Fights Back Squires, James D., Read All About It! 8:3,65 Planners announced that they were Srauss, Neil, ed. (with Dave Mandl), Radiotext(e) 8:3,'64 Stallings, William, Protect Your Privacy 8:4,66 going to present their plan to the commu­ Szasz, Thomas, Cruel Compassion 8:4,63 nity at a public meeting in early May. To Taylor, John, Tyranny Unmasked 8:2,68 inform people of the meeting, they leafleted Vidal, Gore, United States: Essays, 1952-1992 8:4,59 the neighborhood with another innocuous Weaver, Paul H., News and the Culture ofLying 8:2,59 Wilcox, Laird, Crying Wolf 8:2,67 notice. My neighbors and I distributed a Wooster, Martin Morse, Angry Classrooms, Vacant Minds 8:3,60 counter-leaflet, emphasizing densification, Wreszin, Michael, A Rebel in Defense ofTradition 8:2,62 multi-family zoning, and S,OOO-foot lot Wright, Steve, Going Native 8:4,64 sizes. ObViously expecting a small turnout, the 68 Liberty Volume 9, Number 1 planners had set out around 100 chairs in the meeting hall. In fact, more than 175 angry residents showed up. But is the alter ego of cartoon­ planners were ready, spending an hour "Baloo" Conduct, and other books. ist Rex F. May. and a half on boring presentations Lester Hunt is Professor of about bike paths and pedestrian ways John Bergstrom is a Californian car­ Philosophy at the University of before saying anything about zoning. toonist and animator. Wisconsin and author of Nietzsche The presentations were made by the and the Origin ofVirtue. "neighbors" on the planning commit­ Kathleen Bradford is copy editor at tee, thus deflecting people's anger from Liberty. Bill Kauffman is author of America the planners. First! and Every Man a King. At the end of the presentations, the R. W. Bradford is editor and pub­ planners refused any public comment lisher of Liberty. Pierre Lemieux is a Quebec-based and allowed only 15 minutes for ques­ Douglas Casey is author of Crisis journalist and economist. tions and answers. But it was clear that Investing for the Rest ofthe '90s and the people attending opposed the plan, Michael Levine is circulation man­ other books. and the meeting was punctuated by ager of Liberty. frequent outbursts of "Go home" and Stephen Cox is Professor of Loren E. Lomasky is author of "Who asked you, anyway?" An infor­ Literature at UC-San Diego. Persons, Rights, and the Moral mal poll showed that fewer than 20 people attended in response to the John Dentinger (1952-1992) wrote Community. planners' leaflet, while at least half frequently for Liberty, Reason, Wendy McElroy is author of XXX: A came in response to our leaflet. Playboy, and several major Woman's Right to Pornography. To give people a chance to com­ newspapers. ment, planners held another meeting in Randal' O'Toole is editor of Different early June. Again, they hoped that few Peter Flynn is editorial intern at Dru~mer. people would show up, but we leaf­ Liberty. Ralph Raico is Professor of History leted again and 150 people attended. Douglas French is a writer in Las Two hours of questions and acrimoni­ at SUNY-Buffalo. Vegas, Nevada. ous debate made it clear that the com­ Scott J. Reid is author of Canada munity was overwhelmingly opposed John Taylor Gatto's books include Remapped and Lament for a Notion. to the plan. Dumbing Us Down and the forth­ The meeting completely trans­ coming The Empty Child. Clark Stooksbury is assistant pub­ formed the situation. Most of the origi­ lisher of Liberty. nal committee members distanced James Gill is Liberty's staff artist. themselves from the plan, saying they Allyn Uptain is a writer in Chipley, Leon T. Hadar is a Washington­ were duped. A poll of committee mem­ Florida. bers who actually lived in the neigh­ based journalist whose work borhood revealed them to be 100% appears in U.S. and foreign Timothy Virkkala is managing editor opposed to the plan they had previ­ publications. of Liberty. ously acquiesced to. John Hospers is author of Jesse Walker is assistant editor of The planners could see they weren't Understanding the Arts, Human Liberty. getting anywhere, and said they'd drop the plan if that's what the community wanted. "But if you don't let us pass Videonotes, continued from page 65 this plan now," warned one, "then Metro will make us impose even more near-perfect movie that shows the many and groaned while playing - an densification on you next year." facets of Glenn Gould's life in discrete obnoxious habit that I share (but safely: What is Metro? Three years ago, it units - that is, in short segments. The no one wants to hear me play). A few was Portland's garbage collection full effect is impressive, and the con­ readers here may remember Richard agency. Now, suddenly, it has become cluding set of "films" is quite moving. Kostelanetz's speculations in "Sex, the nation's first regional government, (Thirty-two, by the way, is an allusion Drugs, and the Goldberg Variations" with the authority to dictate zoning to Bach's Goldberg Variations, which (November 1990); the film covers some and residential densities to 24 cities Gould twice recorded, to much praise. of Kostelanetz's notions about Gould's and three counties. The great harpsichord work contains peculiar life style, but concentrates, The planner's warning was clear: an aria, 30 variations, and a restatement appropriately, on Gould's career. Oak Grove residents may have won a of the aria. Hence 32.) Which is fine, since Gould's artistic battle against densification, but the war Some of you may know Glenn life was odd enough for several films. had only begun. Q Gould best as the pianist who hummed Maybe, even, 32. -Timothy Virkkala Liberty 69 \.

Boise, Idaho Russia Regulation in the public interest, reported in the Vladimir Zhirinovsky's comment on a proposal to sell Detroit News: Lenin's embalmed body to Euro Disneyland, quoted in the OSHA threatened to sue a Boise plumbing contractor because Irish Times: its employees didn't use approved resuscitation techniques when "Disneyland is the proper place for a man who tried to tum they pulled a worker from a mud-filled trench and saved his life. Russia into a utopian fairground."

Wolleka, Ethiopia Brazil Advance of thespianism in east Africa, as described by Brazilian federalism at work, as described by World World Press Review: Press Review: Brazilian law calls sterilization a form of physical mutilation Now that the last Fallasha Jews have left Ethiopia, Amsale punishable by eight years in prison. The city of Sao Leopoldo has Neguissie, a Coptic Christian, portrays Jewishness for tourist dol­ legalized and begun funding tubal ligations and vasectomies. lars. She greets visitors with a "Shalom," recites gibberish that she pretends is the Torah, and shows off Judaic souvenirs, includ­ ing a Star of David with legs and a face. Greensburg, Penn. The benefits of compulsory schooling, as reported in Colorado the Greensburg Tribune-Review: Contemporary government bookkeeping standards, as With the knowledge and cooperation ofhis seventh-grade son's teachers and guidance counselor, Charles Hayden took his son described in the Rocky Mountain News: Chris out of his last-period study hall every day to help him pre­ KUSA-TV reporter Paula Woodward repeatedly signed up to pare for classes. Subsequently, Chris' average jumped nearly ten vote in Denver under false names in order to expose sloppy points and he didn't have to repeat the seventh grade. School record-keeping. administrators have charged Hayden with illegally taking his child "Denver did nothing wrong," protested Jefferson County clerk out of school. Joan Fitzgerald. "PaulaWoodward did something wrong." Savannah New York Natural beautification by fiat, as described inFrequent Hope for due-process rights, reported in The New Flyer: Republic: City Council has ordered taxi drivers bringing passengers from A Manhattan federal judge overturned the conviction of the airport into town to avoid the shorter back route. The shortcut alleged drug trafficker Dale Tippins, ruling that Tippins' Sixth "is not an image we want newcomers to experience," explains the Amendment right to effective legal counsel was violated when his Savannah Airport Commission. "The front route, on the other attorney fell asleep for significant portions ofthe trial. hand, is very pretty and landscaped."

Minnesota Washington, D.C. The populist credentials of Sen. Paul Wellstone (D­ Media vigilance, reported by the Washington Times: Minn.), as reported by the Washington Times: On March 10, a Washington Post reporter who covers Capitol Hill telephoned Rep. Michael Bilirakis' office to point out "rather Campaigning for office in 1989, Sen. Paul Wellstone labeled antagonistically" that the congressman had his facts wrong about out-of-state fundraisers "absolutely insidious," assuring voters: the Safe Drinking Water Act, and to demand to know from where "Some people want to represent the Rockefellers; I want to repre­ he had gotten his information. sent the little fellers." It had come, word for word, from an article in the Washington Earlier this year, Abby Rockefeller held a fundraiser for Well­ Post. stone in Boston. Tickets cost a minimum donation of $250. U.S.A. British Columbia Advice for parents whose children were disturbed by Privacy under socialized medicine, as described in the the Oklahoma City bombing, from Prof. Lorraine Wallach of Milwaukee Journal: the Erikson Institute, quoted in Ladybug: Canada's Health Ministry says it will investigate how the con­ "Tell children, adults will take care of you. In fact, the whole fidential computerized medical histories of thousands of Vancou­ government will take care of you!" ver-area patients turned up for sale on floppy disks at a Value Vil­ lage store. (Readers are invited to forward newsclippings or other items for publication in Terra Incognita.) 70 Liberty Letters ofAyn Rand Finally, readers can take an intimate look into the private and professional life ofAyn Rand - in her own words! Letters ofAyn Randspans over halfa century ofthis titan's correspon­ dence -letters to H.L. Mencken, Nathaniel Branden, Frank Lloyd Wright, Barry Goldwater, Rose Wilder Lane, John Hospers, Walt Disney, Alexander Kerensky, Isabel Paterson, Ira Levin, Mickey Spillane, Dashiell Hammett, John T. Flynn, Barbara Stanwyck, Cecil B. DeMille, Leonard Read, John Chamberlain, Ginger Rogers, Michael Collins, Henry Hazlitt, Robert Stack, W.H. Hutt, Duane Eddy, James Michener - even Gene Shalit. And many, many others ... This book is indispensable for scholars, for fans, and for anyone else interested in the life ofone ofAmerica's most fascinating, controversial, and popular writers. A must! "It is almost eerie to hear her inimitable voice again, so many years after her death, but this book is Ayn Rand, exactly as I knew her."

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