Timely & Relevant

The Case for TABOR

By Bill Moloney States with constitutional and/or statutory restraints on taxing and spending have strong financial foundations because those restraints greatly militate toward the positive business climate and robust economy that invariably generate increased revenues across the board. Colorado, which has had such restraints since 1992, is a prime example of their great benefits. California -- today having the nation’s most disastrous state economy -- once had such restraints but cast them aside some years ago and consequently has become the poster child for what happens to states that fall into the trap of unrestrained taxing and spending. Editor: Last week, contributor Bill Moloney took the TABOR success story on a speaking tour of Maine, where taxpayer advocates are fighting for passage of a similar amendment on Nov. 3. Here is the rest of his message from that trip:

Prior to my decade as Colorado’s Education Commissioner I served as a senior school administrator in five other states-Massachusetts, Rhode Island, New York, Pennsylvania, and Maryland- and in all of them had extensive experience regarding the interplay of taxation and spending and how they impacted the financial health of my district, and the state as a whole. These experiences over thirty years in rural, suburban, and urban settings led me to the firm convictions stated above.

In a nation wracked by recession, ballooning budget deficits and soaring public debt the issue of fiscal restraint has an urgency greater than at any time in our history.

Attempts to promote fiscal restraint through constitutional or statutory means however have been a guarantee of bitter political conflict in every state they have occurred.

An ordinary citizen might ask: “Who would be against fiscal restraint, particularly in these perilous economic times?”

The answer is: All special interests that profit greatly from unchecked taxing and spending, most prominently giant labor unions like the National Education Association (NEA), and the Service Employees International Union (SEIU).

The main tactics of these special interests opposing efforts at fiscal restraint are always the same i.e. Predict devastating hardship if voters or legislators irresponsibly support mechanisms of fiscal restraint, and flood the state with money from their national organizations to be spent on saturation media advertising, direct mail etc. aimed at scaring people about the dire consequences of any legal barriers to unchecked taxing and spending.

The dire consequences are skillfully invented and invariably include impoverished schools (“This will hurt the little children”) and the disappearance of critical public services like Meals on Wheels (“This will hurt the poor senior citizens”).

These tactics are the equivalent of resisting restraints on a local school budget by threatening the abolition of the band and the football team. Amazingly when citizens restrain the budget anyways the band and the football team somehow survive thus exposing the scare tactics as just that.

In 1992 when Colorado voters were presented with a constitutional amendment- Taxpayers Bill of Rights(TABOR)- to limit the growth of state revenue and spending to the sum of inflation plus population growth they were bombarded with special interest media advertisements predicting a doom and gloom economic future if TABOR passed.

When the voters went ahead and passed TABOR not only did the “dire consequences” fail to occur but instead Colorado entered a period of economic growth and prosperity unequalled in its history.

Since 1992 Colorado has gone from a boom-and- bust-prone economy overly dependent on the energy industry to one that is much more stable, balanced, and diversified. This rapid transformation derived from the state’s growing reputation as a low tax business and investment friendly environment that was generating economic opportunity for companies and citizens alike. A particular success story was the burgeoning high tech industry that ironically owed much of its rapid growth to companies fleeing Silicon Valley owing to California’s steady undermining of those very same fiscal restraints that had been a model for Colorado’s TABOR law.

Among the principal beneficiaries of this new prosperity were the schools of Colorado which had known wide spread hardship during the energy industry bust of the nineteen eighties. After 1992 school district revenues surged owing to the growth and job creation fueling local and state prosperity in the wake of TABOR.

Today following the national economic meltdown of 2008 Colorado is facing the same kind of severe challenges as every other state. However, absolutely none of those challenges are traceable to TABOR.

On the contrary because of the enduring benefits of TABOR Colorado’s economic challenges are markedly less than most other states, and disproportionally less than those states-like California- which have ignored the clear track record and economic wisdom of fiscal restraint.

William Moloney was Colorado Education Commissioner,1997-2007, and is now an international education consultant as well as a Centennial Institute Fellow. His columns have appeared in the Wall Street Journal, USA Today, Washington Post, Philadelphia Inquirer, Baltimore Sun, Rocky Mountain News and the Denver Post. His e-mail address is moloneyvision@aol.com

Poland: A Friend Betrayed

By Joe Gschwendtner Poland’s expansive plains have made her lands a military corridor in regional skirmishes and world wars. Teutonic Knights, cavalry and tanks have controlled her vast spaces and she has been uniquely oppressed by outsiders. Outstripping this history and braving long odds, she is now a successful recovering Soviet client state, defiant and free, the beneficiary of a robust capitalism flourishing within her borders and Eastern Europe. We would do ourselves great harm to not remember that this is the Poland of Generals Kosciusko and Pulaski who fought for our freedom in the American Revolution and it is the heritage of Colonel “Gabby” Gabreski, likely the greatest American air ace in U.S. history. Her soldiers have fought bravely, shoulder to shoulder with the U.S. in Iraq and Afghanistan. Is it possible she is now a friend betrayed, the casualty of a missile defense gambit in the broader initiative of global engagement?

The current administration’s decision to cancel the promised missile defense system has left Poles scratching their heads while other allies silently writhe. Is this really a small tactical decision that eases tensions and saves money? Or have we witnessed a grave course adjustment in the ship of state? Has Poland again become a pawn of a new war? Her history of being on the receiving end of plunder and partition is instructive.

Polonians (“people of the open fields”) are fiercely independent and resilient; they have had to be. Their first millennium was marked by dominance and manipulation, first by Mongols, Tatars, Swedes, Cossacks, and Russians, their own nobility, and then the late empires of Europe. These constant upheavals stunted the growth of both democratic institutions and a middle class needed to drive them. Not until World War I’s Treaty of Versailles in 1918 and the tenuous independence it granted was Poland really in a position to act strategically.

As that document’s ink was still drying, President Josef Pilsudski and the Polish people recognized the appetite of the Soviet bear to the east. Clearly, Lenin’s records prove his intentions to recover territories surrendered by Bolshevik Russia during World War I and then to later create a Communist “Anschluss” with German Socialists using Poland as his corridor. The Polish-Soviet War that resulted in 1919 was a pre-emptive effort by Pilsudski to thwart a reconstituted Russian military from resuming its march westward. The humiliating defeat of the Red Army at Warsaw resulted in the Treaty of Riga in 1921. With Russia’s territorial urges still unrequited and smoldering, the devil’s table was set for Stalin’s later revenge and en passant machinations at Tehran and Yalta during World War II.

Poland’s geopolitical significance would rise exponentially with the dominance of mechanized warfare in World War II. Germany’s invasion of Poland began with the bombing of Wielun and the overwhelming of Gdansk on September 1, 1939, an act of a war that would put 100 million men under arms globally. The Molotov-Ribbentrop Pact, struck weeks earlier between Germany and Russia, committed the signatories to non-aggression while allowing the Red Army to move quickly into eastern territories ceded to Poland at the end of World War I. The pact also made provisions for a later, final partition of Poland between Russia and Germany.

In a ruthless seven months of terror, Stalin initiated a comprehensive round-up of Polish intelligentsia, primarily officials, policemen, academics, and military officers. His defining act of revenge and brutality was the April 1940 Katyn Forest Massacre near Smolensk where 4,421 Polish officers were summarily executed. At three other nearby locations another 14,400 leaders were shot and buried in mass graves. Killings were clinical and efficient, virtually all delivered with a bullet to the back of the head.

With Operation Barbarossa, Hitler double-crossed Stalin and launched Germany’s invasion of Russia in June 1941. With the Polish pawn in play, the ebb and flow of unchecked warfare was visited upon the people of the open fields. Brutalized or exterminated by the Germans, Poles were then subsequently raped, plundered, and finally yoked by their Russian Slavic brethren in their counter-offensive. Most of today’s aging survivors have long gotten over the Germans, but will never forgive Russian depravities.

In a final preview of things to come, an extraordinary Warsaw uprising staged against the Germans by the Polish resistance in 1944 was unaided by the Russian Army positioned just across the Vistula. Stalin’s unwillingness to help was motivated by his Katyn-like desire to see the German defensive force destroyed by a still vigorous underground in a fight to the death. That Polish pawn played in Warsaw resulted in over 200,000 military and civilian deaths and Hitler’s vengeful order to level the city block by block.

Whether Katyn, the Warsaw Uprising and other compelling evidence was conveniently overlooked or ignored by the Franklin Roosevelt’s State Department is debatable. Indisputable is FDR’s bad call on the beguiling Josef Stalin. Unmoved by Winston Churchill’s suspicions, Roosevelt remarked: “I just have a hunch that Stalin is not that kind of man….I think that if I give him everything I possibly can and ask for nothing from him in return, noblesse oblige, he won’t try to annex anything and will work with me for a world of democracy and peace.” The Iron Curtain and almost 45 years of oppression was the price of that gross miscalculation.

At the Potsdam Conference, Truman was more wary of Stalin, but east-west political boundaries had been established in Crimea and only minor adjustments were made. Pawned again, Poland’s national sovereignty continued to be ignored as was her ravaged populace. Russia unilaterally shifted her post-war boundaries, reclaiming Slavic peoples and territory in eastern Poland and returning territory to Poland in the west at the expense of Germany. In the process, millions of Germans and Poles were displaced and forcibly relocated.

Fortunately, the Polish people retained their indomitable resilience. They continued on with the business of rebuilding their lives after betrayal, living as Poles and not Communists, ever guided by their Catholicism. Poles who survived the German General Government and the Polish Communist State will tell you bluntly that their beliefs were unshakable and that they deceived their communist masters at every opportunity.

It was in this environment that a shipyard worker in Gdansk and the first Polish Pope concomitantly led worker-based and spiritual efforts that would finally set them free of Cold War bondage. Pawns no longer, and in concert with other eastern bloc uprisings, the Poles foiled their masters with unionized solidarity and simple Christianity. The award in 1983 of the Nobel Peace Prize to Lech Walesa was the signal event and when the Berlin Wall fell in 1989, Poland quickly made its own political transition. Mikhail Gorbachev himself would later acknowledge that the Wall’s collapse would have been impossible without Pope John Paul II.

Nowhere in the failed Socialist states of Eastern Europe did freedom take deeper root. Along with the Czech and Baltic republics, no countries were more anxious to embrace America as a partner in the quest for freedom and Poland proudly joined the European Union in 2004. Her current economic challenges are not insubstantial, but Poland is committed to an ambitious $3.5 billion privatization effort to eliminate remaining state-run industries.

The defensive missile agreement struck with the Bush Administration in 2002 was emblematic, proof positive that Poland understood the nature of her contemporary adversaries and readily accepted her role in the Free World’s defense. The cancellation of this agreement has significant implications beyond the current tactical situation. Unlike current American policymakers, Poland knows that new threats to peace are no longer limited to powerful nations with massive military might, but also include stateless terrorist rogues and bad state actors with enough nuclear capacity to annihilate millions in the civilized world. Few countries on earth could know more about the horrors people are willing to inflict on each other.

What other nation is better positioned and willing to protect the Free World against an almost certain destruction that can be rained down upon the northern hemisphere from Middle Asia? If one correct answer is a willing Poland, how is it that the politics of globalization seem to have prevailed over common sense? Has Poland served as a pawn yet again?

Is it possible that our President has not completely studied the success and failures of his idol FDR? Are Mr. Ahmadinejad’s intentions not clear for the entire world to understand? Does he really think that Russia is ready to disown a history of territorial aggression? Has a potentially fatal miscalculation been made about the many threats we face? Is it worth the risk to find out?

A useful phone call for President Obama would be to former President George W. Bush. I suspect the conversation would go something like this:

“Mr. President, this is Barack Obama and I need your advice. When you said that you looked into the eyes of Prime Minister Vladimir Putin and you could see the measure of his soul, what did you really see?”

Joe Gschwendtner is a Denver businessman and writer

Constitution Day 2009

Perpetuation of Our Political InstitutionsBy Greg Schaller

On September 17, 1787, thirty-nine of the delegates at the Constitutional Convention, having met for four long, hot, and humid summer months in Philadelphia, had finally completed their task. On that day, they lined up and signed their names to the completed document. The debates had often been heated and the disagreements significant, concerning the powers of the national government, the representation of the states, and, of course, slavery. Yet in the end, the final version was a Constitution that has endured for over 221 years. It is the longest surviving, working constitution in the world today. The Constitution is indeed worthy of respect and honor because of its long survival. But survival of a regime and survival of a constitution is not good in and of itself; just as survival of a tradition isn’t good for its own sake. The perpetuation of a tradition or a Constitution must be judged on what it is, not simply on its endurance. We can all think of many examples of governments around the world that are surviving, but that we (as well as its citizens) would certainly prefer to see fail.

Abraham Lincoln delivered the eulogy for a man he admired greatly: Henry Clay. Clay was an early leader of the Whig party, to which Lincoln was a member before the Republican Party emerged. In his eulogy, Lincoln said of Clay: “He loved his country partly because it was his own country, and mostly because it was a free country; and he burned with a zeal for its advancement, prosperity, and glory, because he saw in such the advancement, prosperity, and glory of human liberty, human right, and human nature. He desired the prosperity of his countrymen, partly because they were his countrymen, but chiefly to show to the world that free men could be prosperous.”

Henry Clay was patriotic toward his country. But his patriotism was not a blind faith loyalty based simply on the fact that he resided here. It was a loyalty to both the principles of the founding and the Constitution crafted from those principles. Lincoln shared this loyalty and dedicated his presidency to the preservation of the Union and its Constitution. However, Lincoln would have been the first to admit that had the Union not been worth preserving (because of what it was about), it certainly wouldn’t have been worth the loss of over 600,000 lives in the Civil War in order to preserve it. So what was and is so significant about our Constitution that Lincoln was convinced that waging a lengthy war at the cost of so many lives was indeed worthwhile.

When we discuss the significance of the struggle to preserve the Constitution, we need to be clear on two things: first, what exactly are we preserving; and second, what is the nature of the attack that is being made against it.

Be clear, our Constitution is under attack. The center of the attack is made against the two things Lincoln thought were so important to save: the Constitution and the concept of the “rule of law” that is essential to the Constitution’s preservation. The method of attack is two-pronged. The first is to debunk the text and original meaning of the Constitution. The second line of attack argues that we can re-interpret the text whenever we deem it necessary and when it suits our purposes.

Today there are two primary and competing schools of thought when it comes to Constitutional interpretation. The first school is described well by former United States Supreme Court Justice William Brennan.

In a speech delivered at Georgetown University in 1985, Brennan claimed that “the genius of the Constitution rests not in any static meaning it might have had in a world that is dead and gone, but in the adaptability of its great principles to cope with current problems and current needs.”

What Brennan was in fact saying was that the text of the Constitution really has no meaning, or a least no meaning other than what we happen to decide to give it today, regardless of whether our modern interpretation has any resemblance to the intent of its authors. This perspective is also unconcerned as to whether or not our interpretation will be completely different in 50 years, 20 years, 1 year, or even tomorrow. What Brennan describes is a school of constitutional interpretation that favors a “living” or “evolving” constitution. The meaning of the text is no more than what we choose to give it, and we grant ourselves great latitude to change our interpretation any time public opinion has changed.

It is this school of interpretation that has given us the remarkable constitutional “reasoning” in several recent cases of, “the evolving standards of decency.” This argument has been put forth most notably in recent capital punishment cases. To see how this works, considering two recent cases will suffice. In 1989 the Supreme Court concluded that it was constitutional to execute individuals with low I.Q.s. The majority concluded this because there did not exist at the time a consensus among the states as to whether or not such practice would offend the 8th Amendment. However, just a few years later in 2002, the Supreme Court concluded that we could no longer continue this practice. Why? Because of the “evolving standards of decency.” According to this interpretation of the Constitution, the 8th Amendment prohibition of cruel and unusual punishment is completely dependent upon public opinion! Thus the rightness or wrongness is not determined by the text of the constitution, the principles behind it, or the intent of its authors. Rather, it is simply the adaptive interpretation as exhibited through public opinion. This understanding assumes that constitutional interpretation is simply majority will and that this will determines the rightness or wrongness of something. Of course, if we follow this argument to its logical conclusion, the institution of slavery was right, as long as it had popular support!

The competing school of interpretation argues that rather than having a living and evolving meaning, the Constitution has an “original intent”, and that American jurisprudence is based upon it. With this understanding, our application of the laws, and interpretation of the Constitution is bound by the intentions of those who ratified it. Obviously, this interpretation is in stark contrast to the constitution of Brennan that has no “static meaning”, and is forever adaptable.

If we view our Constitution as meaning only what we want it to mean, when we want it to mean that, we are violating the principles of rule of law and constitutionalism. Rule of law is based upon the need to have consistency of law, equal treatment of the law and everyone being “under” the law. Central to the need for consistency of law is that the law, and more importantly, the Constitution from which our laws are crafted, has a sense of permanence that is not easily altered. I am, of course, not making the argument that our Constitution is perfect, nor am I saying that improvements to it are impossible. The point is that there is a proper and deliberate method of changing the Constitution through amendments. The answer to changing the Constitution is not to have five Supreme Court justices simply redefine the terms for us, nor for we as the citizens of the Constitution to be disinterested or apathetic and idly watch as infringements on our Constitution take place through executive and legislative fiat.

Lincoln warned us that the greatest threat to the Union would not come from an outside force, but instead, from within. In his famous Lyceum Address, he stated: “At what point, then, is the approach of danger to be expected? I answer, if it ever reach us it must spring up amongst us. It cannot come from abroad. If destruction be our lot, we must ourselves be its author and finisher.”

The title of Lincoln’s Lyceum address was: “The Perpetuation of Our Political Institutions.” His audience was somewhat stunned that he would question the survival of the Union and her constitution. When he delivered his speech in 1838, most of his audience had concluded that the country was a well-oiled machine with no chance of faltering. Of course, it was not long after that speech that the Union did face its crisis of survival. Lincoln believed that the seeds of the movement toward secession, when the South refused to accept the results of the constitutionally held election of 1860, were sown decades earlier, when a growing mindset of disobedience to law and a weakening of the loyalty to the Constitution was growing.

My point is not to be an alarmist. Rather, it is to have us return to Lincoln’s concern for the nation: does she reverently hold to the hard work laid out by the founding fathers, the principles of the Declaration, and the Constitution created in order to establish a More Perfect Union? Failing that devotion, a breakdown of constitutionalism and rule of law are certain to take place.

Greg Schaller (gregory.a.schaller@gmail.com) teaches political science at Colorado Christian University and serves as a Centennial Institute Fellow.

Gun rights and rhetorical wrongs

By Michael Sabbeth Words are powerful tools. Words relating to gun rights have unique power because they contour thoughts about exigent life and death issues. The rhetoric currently employed by those that seek to diminish or eliminate any or all variants of the right to possess and to use firearms employs a cascade of deceits that go beyond false assertions and half truths. False analogies, false choices, straw man arguments, distortion of facts, omission of critical facts and over emphasis of insignificant facts are other rhetorical tricks used to craft a façade of rationality to justify limiting or eliminating access to firearms. The rhetoric also discloses that a deeply nihilistic ideology pervades the anti-firearms political movement. The guilty and the aggressor are favored and the innocent are punished. This nihilistic reality seems a result of the organic evolution of the democratic state toward egalitarianism, moral relativism and bureaucratic metastasizing. The individual becomes the victim. Asserting one’s individualism and, as this essay is concerned, one’s right to exist, become a threat to the bureaucratic state. Human beings become an inconvenience. Control becomes the sole goal and process trumps consequences. The implications of these political tendencies include the loss of freedom, the elevated risk of loss of life and the debilitation of the moral character of society and of the individuals within it. Understanding the rhetorical tricks and deceits can lead to intelligent informed citizens regarding the gun control issue. Understanding the nihilism of the modern bureaucratic state as it is applied to gun control and to other public policy issues—healthcare and extreme environmentalism come to mind—can enable the formation of a democratic political response that might thwart the state’s nihilistic usurpation of power.

Table of Contents

Winning the Rhetoric War on Gun Rights 3 Measuring the Morality of Rhetoric 4 The Clash with Gun Rights 6 Nihilism and Gun Rights 8 Rhetoric and the Gun Control Debates 10 Making Us Weak 12 Conclusion 14

Winning the Rhetoric War on Gun Rights By Michael G. Sabbeth, Esq. myaorta@yahoo.com

Words have power. Words have consequence. One word can convey a moral philosophy. One word or even a short phrase can convey a full ideology. One word or phrase can win or lose political battles. Therefore, it is essential that the morality and the ideology inherent in the words and phrases used to attack, trivialize or eliminate gun rights be understood. Only by understanding them can we craft effective strategies to counter them. Many wars are being fought in these trying times, and each war contains its own words and language. Losing the war of words against gun rights, however, will be devastating, not only in tangible terms of gun ownership but also the consequential losses of other interrelated battles. The attack on guns is as much an assault on liberty and national character as it is on firearms. To support my grandiose claim, let’s examine how the banal phrase ‘public safety’ can morph into a perfidious ideology. Other than mom and apple pie, few examples of rhetoric so powerfully evoke such a virtuous image. As applied to beleaguered Bill Malcolm, however, a 61-year-old gardener living in the Bromsgrove district council, England, public safety became a lever manipulated to destroy his basic liberties. According to the Daily Mail, October 9, 2008, Mr. Malcolm had been persistently victimized by burglaries of his modest allotment, (property). Tools from his shed were stolen, his produce was pilfered and his property was damaged. To deter the criminal yobs, Bill took the reasonable defensive step of erecting a barbed wire fence around his property. The government council forced him to remove it. The fence was unacceptable on health and safety grounds. What priority of safety merited the government’s attention? Take a deep breath. The well-being of the vandals. The government’s concern was that the fence was potentially hazardous to the criminals “in case intruders scratch themselves.” Got it? One might logically question why a city council would be concerned about a scratched felon. The answer illustrates the corrosive relationship between an intrusive government and personal freedom. “They (the council) didn't want to be sued by a wounded thief.” A legal framework had been constructed such that a criminal injured while committing a crime could sue the government for damages for failing to compel residents to make their property more hospitable to folks actively engaged in their chosen trade. The rhetoric of public safety thus acquired a meaning that advanced a perverse moral ideology. It meant the right of a citizen to protect himself and his property was judged less morally worthy than preventing scratches on the skin of a felon. Stripped of its bureaucratic nuance like a scab pulled from a wound, innocent property owners were sacrificed on the altar of public safety in a shrine populated by well-protected criminals. The council’s advice to victimized Mr. Malcolm was equally morally bereft: “Don’t leave anything of value in your shed.” The logical inferences of this craven ideology of ‘pubic safety’ are stark and bode ominously for a free society, or a society that once was free. Property ownership, not the criminal, becomes the cause of crime. Two other inferences logically follow: one, since the ideology holds that personal property is the cause of crime, personal property will not be protected by the state; and two, the state will prohibit the owner from protecting his personal property out of self interest. Conceptually and practically, private property becomes extinct. In the following examples of government behavior we see how these treacherous realities reverberate with greater intensity as if in an echo chamber. One man’s shed may be extrapolated to another man’s castle. Recall the confiscation of legally owned firearms in New Orleans during Hurricane Katrina and its aftermath in the last quarter of 2005. As rapists, looters, robbers and other predatory miscreants roamed New Orleans like hyenas circling a corpse, Mayor Ray Nagin and Police Chief Warren Riley deceitfully used the concept public safety to justify their assault on gun owners.

Measuring the Morality of Rhetoric

The New Orleans government action is Bromsgrove to the tenth power. The thuggish horror our young men in uniform were willing to inflict upon innocent New Orleans citizens cannot be adequately expressed in words. They must be viewed to be grasped. Some of the videos of the confiscation are found on the NRA’s website. See www.nraila.org/Multimedia/ReadVideo.aspx?ID=1355089 and www.nraila.org/Multimedia/ReadVideo.aspx?ID=1274053. The morality of the rhetoric employed to justify the Bromsgrove and New Orleans actions can be measured. In each instance, the government elevated the safety of the aggressor over the safety of the innocent victim. Criminality was advanced and safety and liberty were ravaged. In New Orleans, the government engaged in what has been called in another context “the devil’s arithmetic.” New Orleans made a moral value preference: the harm the criminals inflicted upon innocent property owners was preferred to the sum of the theoretical harm innocent armed citizens might inflict upon the criminals plus the harm the criminals might inflict on the innocents. This ideology of this morally obscene arithmetic holds that fighting back—self defense, the desire to survive—becomes escalation. It thus follows that the will to survive becomes a threat to public safety, thereby justifying government intrusion. The moral judgment of guilt and innocence becomes an annoying anecdote. The innocent victim that fights back becomes the provocateur. In this view of public safety, existence becomes provocation. These examples illustrate what German philosopher Friedrich Nietzsche called ‘nihilism,’ a state of being where moral judgment and moral preferences are extinguished and all life becomes equal in moral meaninglessness. One life has no greater moral claim than another. In the Bromsgrove and Katrina examples, the value of the criminal was viewed by the state as morally equal to—indeed greater than—the value of the innocent victim. To implement this nihilistic ideology of moral equality, the state willfully yet logically pursued the bureaucratic path of least resistance: attacking the obedient innocent home or gun owner and appeasing or ignoring the criminal. The cost of confronting the criminal was far greater than the cost of beating innocent citizens into submission. The government declined to pay it. The reality is that the criminal threatens individual citizens but the innocent citizens fighting back threaten the state—the state’s monopoly on the use of power. The first threat was acceptable to the state. The second was not. The reader might wonder what this has to do with gun rights. The answer become evident when one analyzes another nihilistic policy that deals with self defense, in this case, another British policy. The British Broadcasting Company (BBC), the government controlled news agency, and other information dissemination institutions have instructed that people being attacked by criminals should not call for help. Also, bystanders witnessing attacks should not intervene to help victims. The publicly stated rationale for this morally debased policy is that ordinary citizens lack the skill to combat the criminal. The rationale illuminates the devaluing of the individual in societies progressing towards totalitarianism. A legitimate question is how much skill is needed to effectively combat or thwart a criminal attacking a person? We can also make the wholly rational assessment that calling the police may be thoroughly futile as a timely strategy for dealing with an attack, particularly British police. What’s the expression? When seconds count, the police are just minutes away! But the issue of victim competence does not lie at the heart of the government policy. The core rationale is the government’s concern that the person defending himself or the intervener trying to help the victim might use excessive force against the criminal and, thus, violate the criminal’s rights. As reported in the newspaper The Independent, “It cannot possibly be suggested,” government attorneys argued, “that members of the public cease to be so whilst committing criminal offences, and whilst society naturally condemns, and punishes such persons judicially, it can not possibly condone their (unlawful) murder or injury.” This is Bromsgrove on mescaline! Bobbing about in this nihilistic maelstrom, the armed citizen, of course, poses the highest threat level to the criminal’s well being. This is the ideological explanation for Britain’s bi-polar approach to public safety, where even plastic replicas of guns and any other object that might be used as a weapon are illegal. Once again, the government has determined that the rights of the criminal are valued more than the rights of the innocent victim. This is a replication of the nihilistic ideology seen in the Katrina and Bromsgrove examples. But here we see the nihilistic ideology actually implemented at the street level. The citizen—armed or otherwise—capable of defending itself poses a threat to the criminal but the primary concern of the state is the threat to its monopoly on control. This is nihilism in all its raw ugliness: once the government abandons the moral distinction between victim and aggressor, its default value becomes control as an end in itself, completely unhinged to morality. Free independent citizens, particularly citizen with gun, threaten the foundation of the government’s ideology because they assert a moral justification for their freedom and liberty. They say that they have a right to exist. They say their right to exist holds a higher value than the rights of the aggressors seeking to harm or kill them. The modern egalitarian bureaucratic state, steeped in nihilism like a rotting teabag, denies this moral hierarchy.

The Clash with Gun Rights

The self interest of the state to impede, control, and intimidate those that act in accord with moral principles is the root cause of anti-gun activity. One cannot comprehend the force and psychological source of the anti-gun impetus if one fails to absorb this point. The conflict of interests between the nihilistic state and morally-based freedoms for individuals is irreconcilable. The clash also provides insight into the intensity of the anti gun forces and their willingness to unceasingly resort to minutiae in order to subvert gun rights. Here are a few examples of nihilistic rhetoric that are so common in daily discourse that they tend to be ignored and thus their destructive messages escape analysis. Each example impacts gun rights debates. Think about the word ‘tolerance.’ The concept is continuously sprinkled into our culture like croutons on a Caesar Salad. Tolerance is passed off as one of the highest virtues. Posters boasting its desirability line the hallways of our nation’s school like barnacles on a ship’s hull. What does tolerance mean? Not much. Putting up with, accepting by default, not really caring. Significantly, tolerance has unethical connotations: being passive and not making moral judgments. Elie Wiesel, a survivor of Auschwitz, experienced the dark side of tolerance. He wrote: “Tolerance always favors the aggressor, never the victim.” At best, tolerance is morally neutral. At worst, it is profoundly immoral because morality demands that some things not be tolerated. Tolerance devolves into indifference and indifference devolves into aiding and abetting. Another common nihilistic phrase is ‘cycle of violence.’ It is used ad nauseum to describe the unceasing war between the Israelis and the Palestinians, as in: “It has become a cycle of violence.” The phrase is also used to justify irresponsible public safety policies. The phrase is nihilistic because it fails to acknowledge the morality of causation. It makes no moral judgment on the cause of and of the response to the violence. The phrase promotes a moral equivalence between the aggressor and victim. This ‘cycle of violence’ was the unspoken justification for the New Orleans gun confiscation. A criminal shoots a homeowner or a homeowner defending his property shoots a criminal and the cycle of violence begins. But no moral judgment is made about the original cause of the violence. It’s just a cycle. The resulting gun confiscation from the innocent homeowner imposed an immoral resolution of the initial violence. As with tolerance, it favored the aggressor, not the victim. Another common nihilistic word is ‘unity.’ Obama continuously calls for ‘unity.’ Unity can, of course, be uplifting and positive, such as was seen, for a brief period, in the United States following the savage 9-11 attacks. Beyond that, as argued persuasively by Jonah Goldberg in his epic work, Liberal Fascism, seeking unity is a form of tyrannical fascism. A demand for unity that thwarts or intimidates dissent, analysis and debate and invites attack on those that disagree is thoroughly un-American, anti-democratic and immoral. Here is an example of nihilism being directly infused into government rhetoric. An Orwellian example of almost mind-numbing proportion is the edict of Britain’s absurd Home Secretary, Jacqui Smith. She ordered that Muslim violence be referred to as ‘anti-Islamic activity.’ Her reasoning is thoroughly nihilistic. Muslim violence cast Islam in a bad light, (although evidently not according to Muslims) and thus, in her twisted deductive thinking, she concluded that such violence was anti-Islamic. Lest we forget, free speech is also subverted by her command as is the moral debasement of the language. The acerbic Mark Steyn pointed out that referring to Muslim violence as an "anti-Islamic activity" is correct in the same sense that Pearl Harbor was an anti-Japanese activity. Smith, by the way, the reader may recall, is the craven politician that prohibited anti-Islamist film-maker Geert Wilders from entering Britain out of fear that unhappy Muslims might turn merry London and its suburbs into a war zone. Free speech is now handed out as discriminately as Oscar awards. Nihilism and Gun Rights

This nihilism—an attack on individual character and existence—floats like a poisonous cloud over the gun rights debates. The above discussion gives insights into the ideology at issue in court decisions such as the Heller case. In Heller, the four Supreme Court justices in the minority found a way to interpret Second Amendment history and jurisprudence to uphold the draconian yet flagrantly ineffective Washington D. C. laws. In his amicus legal brief challenging the Washington D. C. laws, the brilliant David Kopel of the Independence Institute in Golden, Colorado pointed out that before the enactment of the handgun ban, fewer than ½ of 1% of guns seized by police in the District had been lawfully registered. Accordingly, the bans on ownership of registered handguns for self defense by law-abiding people had virtually nothing to do with the legitimate government interest in crime control. Amidst all the constitutional law gibberish, these four judges (keep in mind, it was a 5-4 decision) ruled that the government’s authority to impose laws that manifestly failed to advance public safety will trump protecting the lives of moms and dads and children in their homes and apartments. Thoroughly nihilistic abstract principles were elevated above innocent life. Judges can talk about equal protection and the historical meaning of ‘a well-regulated militia’ until the moon turns into triple crème brie cheese. However, a person of intellectual and moral integrity cannot rationally argue that the Washington D. C. laws and their ilk are about advancing public safety. The person of moral integrity must acknowledge that innocent people will die as the foreseeable consequence of these intentional premeditated policies implemented by an arrogant indifferent political class. This past June 20, 2009, a uniquely satirical clay target shooting event called the Alcohol, Tobacco and Firearms Shoot, sponsored by the Independence Institute, was held at the Kiowa Creek Sporting Clays facility in Kiowa, Colorado, about thirty miles east of Denver. Radley Balko, senior editor of Reason Magazine (theagitator.com) was one of the guest speakers. He shared a conversation he had with a Washington D.C. city councilman held after a brutal D. C. murder. Radley asked why citizens were not allowed to possess firearms even in their own homes, the councilman replied, “Do what I do. Carry a whistle.” This exchange illustrates more than ideology trumping sanity. Even a pet rock knows the whistle is useless. But being useful or effective is irrelevant to this councilman’s aggressive nihilism. The quip shows how insouciantly an entrenched political class will force its venomous whimsy on an essentially neutered population. This contempt for life seeps into much of the proposed anti-gun legislative sewage. Take the odious licensing and registration scheme in H. R. 45, known as "Blair Holt's Firearm Licensing and Record of Sale Act” sponsored by U.S. Representative Bobby Rush (D-Ill.). Among its sordid provisions are requirements for psychological profiling before a permit for possessing a gun will be issued. Never mind that we are prohibited from profiling people who openly declare they want to slaughter us. Now government bureaucrats will determine whether someone is properly qualified to exercise a constitutional right. The hyper technical requirements of the legislation and the severity of the punishments connote a palsied mind rather than any effort at responsible policy.

Rhetoric and the Gun Control Debates

Words have consequences. Words determine credibility. Words give shape to the speaker as much as to his arguments. Words frame issues. How issues are framed can determine victory or defeat. We should not permit the anti gun politicians and their media flacks to define us. We must not permit opponents to control the rhetoric that frames gun rights issues. We must define and frame the issues. Thus, we must be scrupulous and shrewd about our rhetoric. Thomas Sowell, in his chilling article, ‘Is Talk Cheap?’ astutely observed: “Unfortunately, people on the make seem to have a keener appreciation of the power of words, as the magic road to other power, than do people defending values that seem to them too obvious to require words.” The anti-gun movement has defined gun owners as anti gun control, phallocentric hegemonic culturally insensitive too white, male, middle-class, heterosexual knuckle dragging beer swilling cousin-marrying chaps whose hairy hands (men’s and women’s) cling to bibles and guns and whose pre-post modern minds cling to religion. I disagree with that characterization. That rhetoric must be challenged, term by term, assumption by assumption. We can start by asserting that legislators such as Representative Bobby Bush are indifferent to innocent people dying. Here are ways we can use rhetoric more effectively. We should first attack the foundational premise used as the dividing marker, as if it were the River Styx, in the gun rights debate: that we are against ‘gun control’ and everyone else is for it. Nonsense! The term ‘gun control’ is a vapid ideological phrase that has become meaningless, a neutered old dog looking for any shelter. I’ll bet there is not one reader, whether or not a gun owner, that is opposed to gun control. Who wants children and mentally retarded folks and convicted murderers to own guns? Raise your hands! Oliver Wendell Holmes wrote, “A good catchword can obscure analysis for fifty years.” It’s time to toss aside this catchword and have some analysis. We are all in favor of gun control. That point should be woven into our rhetoric. We should not yield that rhetorical ground to opponents. We are as interested in the principle of gun control as any anti gunner. We differ on the details. We should control the rhetoric and argue the details. Similarly, I fail to see why gun control and gun rights are inherently conservative issues. They aren’t. Juxtaposing liberals versus conservatives and democrats versus republicans is a rhetorical trap that undermines the principles of gun possession and use. We should, thus, utilize appropriate rhetoric: trumpet our bi-partisanship, our willingness to cross the aisle, reach out, unify and be moderate. We must demonstrate that our positions are more likely to protect children and the aged and the defenseless. Our rhetorical message must assert with unambiguous clarity that we oppose gun control that endangers people and that we favor gun control that makes people safer. An example where sloppy rhetoric housing self-defeating arguments sprouts like crab grass is in discussions about so-called ‘assault weapons.’ The experienced trial lawyer knows that one of the most effective persuasion skills is acknowledging the strong parts of an opponent’s case. Why hand an opponent the opportunity to score cheap points against you? Concede obvious facts and truth against your case and then distinguish away the differences to persuade that your arguments, on balance, are better. This rhetoric strategy is applicable—and I think underutilized—in the assault rifle debate. Any rational person must concede that there are reasonable arguments for limiting access to assault-type weapons and not treating them as if they were hot dogs to be handed out at a football game. The assault weapon debate is a legitimate issue. Denying the reasonableness of a reasonable argument diminishes a speaker’s credibility. Foolish arguments undermine serious arguments. I state clearly: I am not taking sides in this debate. I am saying that persuasive arguments can be made by all sides. Refusing to acknowledge legitimate arguments has a quicksilver effect—the speaker’s lack of credibility in that area will taint unrelated arguments where the speaker would otherwise be credible. Another example of unhelpful rhetoric, to the point of being silly, is dusting off Thomas Jefferson’s statement, “The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.” I confide that, as a practical matter, I don’t know what one is supposed to do in furtherance of that phrase. If you’re contemplating refreshing any trees with anyone’s blood, fuhgeddaboutit! That train has left the station a long time ago. There’s not going to be any refreshing of anything with tyrants’ blood. If you want to see what our loveable little tyrants—the youngsters you might have bought lemonade from not too many years ago—are prepared to do, by the way, in response to your blood refreshing programs, take an unhurried look at the Katrina confiscation links on the NRA website cited above. Observe how a bunch of police and national guardsmen—young men, the boys next door—walked down American streets geared up, locked and loaded, as if looking for Al Qaida cells in Mosul. One is left with the sobering reality that the fabric of civilization is very thin indeed. A speaker quoting this statement by Jefferson will, justifiably, appear foolish and lacking credibility. More useful is to offer this quote by James Madison, which expresses the dangers to individual freedom resulting from the insidious and seemingly ineluctable growth of government.

“Since the general civilization of mankind, I believe there are more instances of the abridgment of the freedom of the people by gradual and silent encroachments of those in power than by violent and sudden usurpation”

We have only one viable option: keep our blood inside our skins and get involved in the political process. One other example of rhetorical silliness is characterizing anti-gun legislation, whether enacted or proposed, as ‘unconstitutional,’ as in “this outrageous Blair Holt legislation is unconstitutional.” This highly charged allegation may cause a tingle in our spines but as a general proposition, it draws a big yawn from the masses. At least two reasons explain why this rhetorical battle cry is ineffective: one, the audience doesn’t understand what is and what is not constitutional (Supreme Court judges can’t agree) so your opinion is meaningless; and, two, and more to the point, so what? No one can reasonably predict how a bunch of judges will decide. It is delusional to count on judges to consistently interpret the Second Amendment in a way that is favorable to gun owners. Perhaps there is a third reason why the rhetoric about constitutionality is ineffective. People don’t care about the Constitution in the real world. If a decision or situation is in harmony with their pre-existing beliefs, then they like the Constitution. If it’s not, then they don’t. Regarding gun rights, specifically, a person will favor whatever policy creates a sense, real or illusory, that he will be safer. The Constitution becomes a trivial grace note in his thoughts. The Heller dissent should convince anyone that gun rights are not secure. Publius noted in The Federalist Papers that as government gets bigger and bigger, no “parchment barrier” like the First or Second Amendment is going to prevent those in power from telling the rest of us how to live.

Making Us Weak

"Democracy is two wolves and a lamb deciding what to have for dinner. Liberty is a well-armed lamb." - Benjamin Franklin

Most legislative proposals limiting gun possession and use will not make us safer. Let us understand: the laws are not intended to make us safer. Read the Blair Bolt proposed legislation. Its intention is singular: to harass and intimidate citizens to the point that they voluntarily abandon gun possession. The legislation has no other purpose. Public safety and the protection of life are irrelevant. The intention of such legislation is to weaken the will and independent spirit of the public and make us malleable. Michael Ledeen, in his essay, We Are All Fascists Now, described the big picture when he wrote: “Permitting the central government to assume our proper responsibilities is not merely a transfer of power from us to them; it does grave damage to our spirit. It subverts our national character.” Tocqueville foresaw a slow death of freedom, where people are led to surrender by the exercise of their own will. Worse than confiscating guns, these nihilistic policies—whether regarding type of ammunition, bullet marking, limited numbers of bullets permitted to be bought, not yelling for help or not being permitted to build a fence around your property—are confiscating our right to exist. The war against gun rights is as much a metaphoric war as it is one against pieces of metal and polycarbon. It is one front in the larger ideological war waged by the relativists, the appeasers, the cowards and the tyrants, and thus, it is not the most important one. Yet, losing this war against guns would have significance well beyond the physical reduction or elimination of guns. This nihilistic mindset cannot coexist with individual liberty, free speech and intellectual curiosity Nietzsche expressed the notion of “The Last Man,” an apathetic creature who has no passion or commitment, who is unable to dream, who cannot achieve greatness and who merely earns his living and keeps warm. This great nation was founded on valuing energetic, creative, risk-taking free-spirited individuals. The ever-increasing state, the Nanny State, must, by definition, destroy that kind of citizen. As the state grows and becomes more nihilistic, we citizens will increasingly give up power to the government—guns, lightbulbs, playground equipment, dodgeball in school, the kinds of cars we can drive, the kinds of words we can say, the kinds of radio programs we can listen to. The result is that the people become an annoyance. The population will not receive beneficence and empathy from the state. It will receive contempt. After all, what nanny wants the little kids to talk back and disobey? The weakened personal character will lead to a weakened national character. An instructive anecdote, and not very tangential, is seen in the op-ed piece in the Brussels newspaper De Standaard (23 October 2008) where the Dutch author Oscar Van den Boogaard said that to him coping with the Islamization of Europe is like “a process of mourning.” He is overwhelmed by a “feeling of sadness.” “I am not a warrior,” he said, “but who is? I have never learned to fight for my freedom. I was only good at enjoying it.” A more insidious and concrete consequence of the erosion of individual character is seen in the murder of Anna Lindh, a prominent Swedish politician expected by many to become the next Prime Minister. She was stabbed to death in the crowded Nordiska Kompaniet department store in central Stockholm in 2003 on, perhaps painfully symbolically, September 11. There was one assailant. There were dozens of bystanders. No one intervened. They watched. No one chased down the attacker. He escaped. (He was later found). Perhaps ironic is that her death may well have been the consequence of precisely those progressive paternalistic Nanny State policies she advocated. One can reasonably ask whether these anti-individualism ideologies produced a national character that cultivated the self-absorbed morally worthless ‘last men’ that watched as she was stabbed repeatedly and then did nothing as the assailant scurried away. In his poem, “The Hollow Men,” T. S. Eliot describes the quintessential nihilistic moment: "This is the way the world ends. Not with a bang, but a whimper." People will watch each other die while under surveillance by government cameras.

Conclusion

You cannot fight or defend against what you don’t know. If strategies are to be crafted to successfully thwart or halt compromises of or the elimination of what has been historically viewed as gun rights, the involved person must understand this ideology and be able to discern it in all its forms, the obviously purulent as well as the seemingly benign. Proposals to drastically limit gun ownership and use must be analyzed not only in terms of their effectiveness but in terms of their morality. Much of the proposed anti gun legislation seeks to effectively ban firearms through a smorgasbord of regulations, restraints and bureaucratic oversight. By being oblique, the sponsors of such legislation are craven, cowardly, dishonest and unprincipled. Rhetoric crafted to fight these proposals must attack on moral grounds the predictable consequences of the policies as well as the moral character and motivation of those that sponsor and try to implement the policies. They must be held rhetorically accountable for the deaths of the innocents that will result from their legislation. We must change the terms of the discourse. This anti-individualist nihilism must be articulately attacked forcefully and without apology or ambiguity. General Douglas MacArthur gave a one-word definition of defensive warfare: defeat. The debate is only marginally about gun control. And while we may tinker at the margins on some issues, we must not lose sight of the bigger issues. We do so at our peril. The challenge is existential. It is about preventing free-spirited independent people from being reduced to infants and to dependent wards of a nihilistic state. Of course this message will never appeal to complacent people; to people that want a docile pliable population; people who want others to take care of them so they can, in part, blame others when something goes wrong. Our rhetoric must appeal to people’s strengths and to their visions and thoroughly analyze actions in terms of their morality and logic. The consequences of our arguments must be examined with moral and intellectual integrity. But when all that is done, we should justifiably be confident in our positions. Motivated by seeing where the rest of the world is heading, and dedicated to the proposition that we will not passively allow that to happen in here, we will use our words to fight against the ins

Invitation: Remember 9/11

Join us Friday, Sept. 11, 730pm at Colorado Christian University when author and organizer Brigitte Gabriel speaks on "America Confronts Radical Islam." Take Cedar east from Garrison to CCU Event Center. Admission free but you must register at Centennialccu.org.[photopress:pix_brigitte_gabriel.jpg,thumb,pp_image]