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PERRIN LOVETT

~ Fiction, Freedom, and The West

PERRIN LOVETT

Tag Archives: Ronald Reagan

When Ever Was The Era Of Small Government?

27 Monday Apr 2020

Posted by perrinlovett in Legal/Political Columns

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Big Government, lies, Ronald Reagan

Remember Raygun Ronny? The “era of big government is over?” Reagan made the statement even as he doubled the size of the government and the debt. Bush (the first) made a similar statement as he doubled them. Clinton: stated but doubled again. Bush II: doubled. Obama: doubled. Orange Man: doubling in progress.

So, if it never went away, how can it be back?

History shows that big national shocks have a way of changing the role of government in lasting ways—and any shock as big as the coronavirus pandemic inevitably will alter political life and philosophies in America.

The crisis has been not just a public-health emergency requiring a sweeping response, but also the cause of the most searing economic pain since the Great Depression, summoning forth a multi-trillion-dollar government intervention into the economy.

Blah, blah, blah. The poll shows that more Republicants support the “new” big government than Demoncrats. The conservative thing, again.

Is This 1986? Let’s Hope Not

28 Tuesday Mar 2017

Posted by perrinlovett in Legal/Political Columns

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1986, Donald Trump, government, Ronald Reagan, taxes

I love the 80’s. I live in the past. Duran Duran, the A-team, etc. There are, however, some things I would prefer to leave in the past. Political “compromise” for instance.

Here’s a doubtful article about the relationship between Trump’s tax cuts, today, versus Reagan’s in 1986.

The fundamentals of tax overhaul were strong some 30 years ago.

A popular president, Republican Ronald Reagan, pushed the landmark 1986 measure. Powerful and experienced congressional leaders shepherded the legislation with bipartisan support. Key players had established, trusting relationships.

The situation facing President Donald Trump features none of those advantages. His party is divided and his congressional leadership is weakened after the health care debacle. Key players are inexperienced. Trump has record low approval ratings. Republicans who control all of Washington are planning on going it alone, without help from Democrats.

Now, there isn’t even basic agreement on what revising the tax code is. Trump is promising “massive tax relief for the middle class.” Congressional leaders are pushing an overhaul that would keep gross tax revenues roughly the same – “revenue neutral” in Washington-speak – while clearing away many tax breaks and using the resulting savings to lower rates, with the top brackets getting most of the benefit.

So much is different; so much the same. 50% or 40% – any tax rate above 0% is too high for my tastes. I may be alone in that thought.

Reagan had been in office five years, a veteran at that point. Congress was run by, whatever else they were, professionals. Other than that, things were pretty much the same: in 1986:

Conservatives claimed and agenda they either didn’t believe in or didn’t understand.

Liberals wanted more government in your life and knew how to get it there.

Millions of illegals wanted to stay for a variety of reasons, most the ancient English would not understand.

Terrorists were just starting to think of America as a target. (Back then OBL was a CIA contract employee….).

Ordinary people loved guns; liberals hated and feared them.

Aside from loving guns (and Duran Duran and Alf) the people were largely asleep.

Nothing much has changed. Therein lies the danger of a repeat of history. We could end up with; a little tax reform (some cuts and some increases); amnesty (never to happen again – just like in 1986), and some more gun control.

Ronald Reagan

1986: Reagan: cuts taxes, raises taxes, bans guns, and legalizes illegals. Yay. AP.

Or, given this generation of the GOP, we could see nothing. And, sadly, nothing would be preferable to the awful, historical alternatives.

Okay, back to sleep…

The Time I Met Reagan

23 Sunday Oct 2016

Posted by perrinlovett in Legal/Political Columns, Other Columns

≈ 2 Comments

Tags

America, Barbara Olson, Federalist Society, power, Reagan the Shepherd, Ronald Reagan, Ted Olson, Washington

Memories of an increasingly distant past occasionally flutter through my mind. Some end up here: shotguns at football games, floods and rugs, Jimmy and Rosalynn Carter, etc. I think I once mentioned my meeting with President Carter and his wife outside the Governor’s entrance to the Georgia Capitol. Sweeter people were not to be found in Atlanta that afternoon.

As it happened I had, just the year before, met Reagan outside of D.C.

It was the warm summer of 2002. My then wife and I attended a Federalist Society leadership conference in Washington. I, despite my constant shunning of leadership, prepared to enter my second term as president of a Fed-Soc chapter.

Whatever else the Society may be or may have turned into, they hold pretty good conventions and even better parties. After a day of not-too-boring presentations, workshops, and speeches, the gathering removed from the urban center unto the genteel suburbs of Great Falls, Virginia.

The setting was the estate of then U.S. Solicitor General Ted Olson. I had met Ted the previous fall and I genuinely liked him. His has been a distinguished career, fighting for causes important and sometimes improbable.

Life and the greater world are not always so kind. Ted’s wife, Barbara, was murdered less than a year before on September eleventh. Still, he stoically (and in good humor) hosted a gracious affair. I’ve described these get togethers before. Elegant and sophisticated, with a who’s who list of conservative political celebrities. And a few surprises from the opposition. Power subdued by manners and wine.

This event was more laid back than most – a backyard barbecue, in a palatial backyard. I drifted from group to group. A sub-feature of the conference was the grooming of third-year law students for prominence in the Society and the greater legal community. I assume it worked with some.

I really did have a marvelous time. The company was pleasant (though the Ivy Leaguers incessantly talked in circles of immaterial pondering), the food was excellent, beer was free, the grounds Masters-esque.

At some point I found myself in a conversation out back. If I remember rightly it was with Ken and Alice Starr and Ted himself. Suddenly, and without pretense, up swaggered Reagan. All attention immediately turned to him. Ted made the obligatory introduction.

Now, if you’re searching your historical memory, you are on to something. At the time President Ronald Reagan was convalescing at home in California (departing only two years later). A few years ago Olson recounted his time working for the former President. Mine was a slightly different Reagan, a namesake.

australian_shepherd_5368307

Not Reagan, per se, though a good approximation. Pet Breeds.

This Reagan was one of Barbara Olson’s two Australian Shepherds (the other being named after Lady Thatcher). You see, while I did not meet THE Ronald Reagan, I did meet Reagan the dog. And he essentially stole the whole party.

Extraordinarily intelligent breeds, like the Shepherds, when not working will automatically seek out the best available companions. Thus, he came to me.

He was by far the most interesting member present. I remember him as a slightly larger than normal Ozzy, slightly shaggy but well-groomed. He exuded the charm and thoughtful contemplation for which the breed is famous. We talked, uninterrupted, for several minutes. He was the last person I thanked before leaving that evening.

I never did meet Barbara. Reading one of her books and watching her on television was the closest I ever came. Her taste in canine friends was impeccable. Through Reagan, Ted maintained a happy link to the past. Dogs are wonderful in that regard.

So it is that I recall my last substantive visit to fallen D.C. The failed chief city of the Old Republic held, at the time, an eerie sense of foreboding. It all makes sense now. And it is all okay, I suppose, all because I at least met Reagan.

Ronald Reagan and FOPA: Myth vs. Reality

25 Saturday Jun 2016

Posted by perrinlovett in Legal/Political Columns

≈ 5 Comments

Tags

America, ATF, conservative, crime, Firearm Owner's Protection Act, firearms, freedom, government, gun control, Gun Control Act, machine guns, National Firearms Act, Natural Law, Ronald Reagan, Second Amendment, The People

Conservatives tend to lionize anyone associated with their ideology. Fewer politicians have been more ingrained in conservative mythology than Ronald Wilson Reagan. Rush Limbaugh explained:

He was optimistic and happy. He was infectious. He dared to embrace big ideas. He dared to do big things to overcome huge obstacles in the midst of all kinds of experts telling him it couldn’t be done, in the midst of all kinds of criticism, in the midst of all kinds of personal insults.

…

He rejected Washington elitism and connected directly with the American people who adored him. He didn’t need the press. He didn’t need the press to spin what he was or what he said. He had the ability to connect individually with each American who saw him. That is an incredible — I don’t even want to say “talent.” It’s a characteristic that so few Americans have, so few people have, but he was able to do it. He brought confidence; he brought vigor, and he brought humility to the presidency, which had been missing for years, and this profoundly upset his political and media adversaries to no end, and Reagan enjoyed that. Ronald Reagan rejected socialism; he rejected big government. He insisted on returning as much government back to the people as was possible.

  • Rush Limbaugh’s Tribute to Ronald Reagan, June 07, 2004.

Some of this is certainly true. On the surface Reagan seemed like a true American President in the most realistic and patriotic ways. Compared to his two immediate predecessors he seemed like one of the Founders returned to save the day. Compared to the last two occupiers of the Whitehouse it would almost seem that Reagan came down from Olympus. It is understandable why so many cite him their favorite president of all time or call him the greatest conservative. However, as sometimes happens, the facts get in the way.

Reagan cut tax rates but he also increased taxes – 11 times during his Presidency. On his watch the federal debt tripled. Bush (43) was only able to double the debt, Obama being on a similar trajectory. Amateurs. Reagan grew the government, both in terms of spending and in overall scope. Reagan, while opposing Soviet intervention throughout the world, engaged in extreme levels of foreign meddling, some (like the Taliban) with lasting consequences.

Reagan also gave amnesty to 3 million illegal aliens. His law was sold to the public as a crackdown on immigration but only deepened the problem for future generations. He also successfully sold gun control under the guise of firearms protection. Reagan was a gun grabber.

I was reminded of this when I saw a pro-Reagan/pro-gun, “conservative ” meme posted on Facebook:

Conservatives Today

On March 30, 1981 John Hinkley Jr. shot Reagan outside the Washington Hilton with a .22LR revolver. The President made a full recovery. Press Secretary James Brady was not as lucky, being paralyzed by a head shot. Brady and his wife Sarah founded the Brady Campaign against guns. As Reagan did not immediately react by joining with the Bradys many believe him a full proponent of gun rights – thus, the above meme.

Conservative forget that after leaving office Reagan supported the Brady Bill: “Still, four lives were changed forever, and all by a Saturday-night special — a cheaply made .22 caliber pistol — purchased in a Dallas pawnshop by a young man with a history of mental disturbance. This nightmare might never have happened if legislation that is before Congress now — the Brady bill — had been law back in 1981.” Ronald Reagan, Why I’m For the Brady Bill, New York Times, March 29, 1991.

The now-expired/obsolete Bill did little to nothing to stop violent crime. Had it been law in 1981 it might have saved Brady and Reagan and two others from being shot. It was law in 1999 and did nothing to prevent the Columbine tragedy.

Reagan never had a chance to support or sign the Bill while in office. He did, however, sign the Firearm Owner’s Protection Act (FOPA) into law in 1986. Like Reagan’s immigration “crackdown”, the Act’s name is a misnomer. FOPA, 100 Stat. 499, amended 18 U.S.C. § 921, et seq. (and related laws) in an overhaul of the Gun Control Act of 1968 (GCA), 82 Stat. 1213-2.

Had Reagan been a friend of the Second Amendment he would have attempted to repeal the GCA and the National Firearms Act (NFA). He did not; he added more controls. FOPA had two effects. One, it shuffled around ATF regulations and procedures in response to complaints of arbitrary and redundant policies. However, the “loosening” of some regulations came with a steep price. The second part of FOPA essentially banned the sale to and possession of machine guns by civilians.

(1) Except as provided in paragraph (2), it shall be unlawful for any person to transfer or possess a machinegun.

(2) This subsection does not apply with respect to—

(A) a transfer to or by, or possession by or under the authority of, the United States or any department or agency thereof or a State, or a department, agency, or political subdivision thereof; or

(B) any lawful transfer or lawful possession of a machinegun that was lawfully possessed before the date this subsection takes effect.

  • 18 U.S.C. § 922(o)(entirety).

The machine gun “ban” was not actually a total bar. In reality did two things: it created onerous requirements for ownership, and; it limited the supply of available guns. Current estimates of the number of fully automatic weapons available to the public are somewhere around 180,000 units. This limitation caused the price of the guns (not including the taxes and procedural costs of ownership) to skyrocket.

The military or a police agency can purchase a new Heckler and Koch MP5 9mm sub-machine gun for somewhere south of $3,000 (well equipped). A citizen can buy the same thing for north of $30,000 before taxes. And, the citizen gets a reconditioned pre-1986 model. It’s like the government’s stupid “cash for clunkers” program that dried up the supply of used cars and forced more people into buying more expensive newer cars; except, here, the people are left with only a supply of outrageously overpriced used vehicles.

Now, many folks do not like the idea of any automatic weapons in the hands of the commoners. Liberals use “machine guns” as a rallying cry to describe just about any gun – from a Daisy BB rifle to a single-shot 12 gauge. Even people on the right are often opposed to the concept. I’ve been at several NRA functions and similar events where gun lovers would tell me, when prompted or on their own, that “no one needs a machine gun”.

Really? Then just how did the nation survive from the invention of the machine gun (call it Maxim in 1883) until 1986 without total calamity? It’s the same reason “assault rifles” pose no danger – criminals don’t use them. Criminals prefer handguns like Hinkley’s .22 plinker. Of the 8,124 murders committed in 2014 with firearms, only 248 were committed with any kind of rifle. In the same year 435 people were murdered by baseball bats and hammers while 660 were killed by punches and kicks. Automatic weapons appear nowhere in the statistics even though there are about 180,000 of them out there.

This is the way it’s always been. In years past and in a freer America anyone could purchase any type of weapon with no government interference at all. This included machine guns. Then, as now, there was no problem or epidemic associated with these dread devices. That’s because they are really only good for engaging large numbers of hostiles at once. Even combat soldiers rarely resort to fully automatic firing. In war machine guns are usually used in concentration against hardened positions, armor, or against massed enemy troops. Before 1898 and the Spanish-American War the American military had almost no machine guns at all. The Rough Riders had to rely on civilian-donated guns to attack San Juan Hill. That means for about 15 years machine guns were only in private hands – with no reported problems.

Well, we had it…. izquotes.com

Now, you might be thinking, “if machine guns are only useful in extreme circumstances in war, why bother having them?” The truth is most people would not own them even if they were completely unregulated. It’s the freedom, the option to have them that matters. Given that we have a government which raises taxes, increases the debt and burden on the people, stirs up terrorists, and imports aliens (including terrorists) – often while lying about it all – perhaps this is an option the people need.

Like them or not, these weapons are “arms” protected by the Second Amendment and by the Natural Law theory of self-preservation. These are part of the citizen gun rights in need of protection. Ronald Reagan didn’t do it regardless of what the Facebook conservatives think.

A Short History of Gun Control In America

02 Saturday Mar 2013

Posted by perrinlovett in Legal/Political Columns

≈ 3 Comments

Tags

14th Amendment, 16th Amendment, 17th Amendment, 1913, 1986, 19th Century, 20th Century, Adolph Hitler, America, ATF, bigots, blacks, British, Browning, citizens, Civil Rights Act, Class III, colonial, Constitution, crime, Europeans, Federal Reserve, firearms, Founders, government, gun control, guns, history, indians, jews, King George, KKK, LBJ, Liberty, machine guns, military, militia, murder, National Firearms Act, National Gun Control Act, Natural Law, Nazi Gun Law, New York City, news, plantation, police, poor, Posse Comitatus, racists, Revolutionary War, Ronald Reagan, Second Amendment, self-defense, slaves, standing army, Tammany Hall, tax slaves, taxes, theives, Thomas Jefferson, tyrants

Guns have been in the news again and again lately.  The guns I am writing about are the privately owned guns of our citizens.  Sadly, these patriotic men and women have not glorified for the millions of lives they save every year, usually without firing a shot.  Rather, the entire institution of gun-ownership has been demonized by the media and the lowlifes of the political class based on a tiny number of sensationalized murder cases.  This phenomenon happens from time to time and is always accompanied by a call for more gun control.

Before I get to control and its history, I want to address the most dangerous guns in America and elsewhere – publically owned or government guns.  These weapons pose a true threat to the health and security of our citizens and potentially pose a dire threat to our civil liberties and freedom.  Governments throughout history have proven themselves to be the least trustworthy possessors of weaponry.  In the 20th century alone governments murdered more than 200 million innocent victims with their military weapons.  I cannot speak for the rest of the world, but in America we need to seriously confront this lethal problem.

The Founder’s were naturally distrustful of an armed government, particularly a standing government army.  That is why they placed stringent restrictions on the army and, at the same time, embedded the right of the people to possess arms as a check against government tyranny.  I am  working on a series of columns along these lines which will compliment my previous article Posse Comitatus, https://perrinlovett.wordpress.com/2013/02/20/posse-comitatus/. 

Ultimately, I will reach the conclusions that we need to abolish all control laws which are directed against private citizens, we need to return to the militia model of defense, we should abolish our standing armies (this is a rather unpopular idea, for all the wrong reasons), and we need to disband or disarm the most of the police forces in America.  Those remaining law enforcement officers which might survive should return to their Natural Law function – protecting the rights of the people, as opposed to carrying out the edicts of the state.  For now, I will concern myself with giving you a brief education about gun control in the United States.

Where did the idea of gun control come from?  I’m not sure when and where it first originated, though I have an idea the concept has been around longer than firearms themselves.  A few gun control advocates are earnestly interested in stopping crime and helping people.  Most are not. Essentially, the majority of gun controllers are the same breed of would-be tyrants who have plagued mankind for eons.  First I imagine they demanded rock control, then sword control and now, gun control.  It is really all a scheme to deprive people of their natural rights of self-defense and self-preservation.  Tyrants do not like armed people.  Armed people are dangerous to tyrants.  Personally, I like the idea of endangered tyrants.  Perhaps we could, in the near future, save a couple and place them on display at zoos.  To hell with the rest.  “When governments fear the people, there is liberty. When the people fear the government, there is tyranny.”  – Thomas Jefferson.

Gun control was present during the colonial period of American history.  White Europeans attempted to limit the availability of firearms to groups like slaves and native American indians.  Just before and during the Revolutionary War, the British attempted to disarm the entire rebellious population.  Their theory was that unarmed people would have a much harder time ousting the red-coat armies. 

Independent American gun control first began after the nation was freed of King George.  In early America gun control was first initiated in against blacks, both slaves and free men.  Racist tyrannical whites did not want the downtrodden slaves or free blacks to defend themselves.  Armed slaves might just free themselves, after all.  This process derived from various State laws which outright forbid blacks from owning guns.  The KKK was an early gun-control advocacy organization (a fomer-day Brady campaign, if you will).  The injustice was nominally cured by the Federal Civil Rights Act of 1866 and the 14th Amendment to the U.S. Constitution (1868).  I say nominally, because the States found clever ways to circumvent the new Acts.  The favored trick was to tax gun sales so as to price the poor (which usually included blacks) out of the gun market.  As I will demonstrate shortly, rather than stamp out this hideous policy, the feds later adopted it.

So far in our history gun control has only affected “undesirable” populations – slaves, blacks, and the poor.  In the late 19th Century New York City enacted a ban on the concealed carry of firearms by just about everyone.  This new law was designed to protect pick-pockets and thieves, key constituents of Tammany Hall and the Democrats of the city (birds of a feather…).  It seems Boss Tweed’s cronies got too many complaints from their thieving electorate about people with concealed weapons thwarting robberies.  As far as I know, this was the first color-blind ban on concealed weapons.  New York has ever been a nest of nobility.

In the early 20th Century most Americans (except blacks and the poor here and there) were free to own whatever type of weapons they both desired and could afford to purchase.  I have read the true statement that any child who wanted one and had the money to pay for it, could mail-order a Browning .50-caliber machine gun and have it delivered to their home.  Yet, mysteriously, there was little crime in this far away “wild west” America.  Crime seemed to come along later with heavy federal regulation of firearms.  Numerous studies have definitively linked the two. 

As I noted earlier, the federal government enacted legislation which imposed a tax and registration on the ownership of certain types of firearms.  This first occurred with the National Firearms Act (NFA) of 1934, 26 U.S.C. 53.  This law was part of the overall scheme to deprive Americans of fundamental civil liberties.  I have previously noted the dread year of 1913, with the creation of the Federal Reserve and the ratification of the 16th and 17th Amendments.  Like plantation slaves, tax slaves with weapons pose a risk to their masters.  Americans may have seen a rise in violent crime through the 20th Century because their “leaders” emulated the gun laws of well-known criminals. 

“The most foolish mistake we could possibly make would be to allow the subject races to possess arms.”  – Adolph Hitler.

adolf-hitler

(Adolph Hitler, gun control proponent.  Google Images.)

On November 11, 1938 Hitler and his government enacted sweeping gun-control legislation, the Weapons Act of 1938.  This Act was aimed at a particular subject “race” – jews.  “Jews … are prohibited from acquiring, possessing, and carrying firearms and ammunition, as well as truncheons or stabbing weapons. Those now possessing weapons and ammunition are at once to turn them over to the local police authority.”  1938 Nazi Act, Section One.  The rest of the Act made possession of weapons by jews criminal, with proscribed punishments. 

On October 22, 1968 President Lyndon “Bane of Freedom” Johnson signed into law the National Gun Control Act (GCA) of 1968, 18 U.S.C. 44.  This Act imposed additional infringements on the ownership of guns.  It was allegedly imposed as a crime-fighting measure however, it was obviously intended to further limit the availability of weapons to the law-abiding members of society.  Crime exploded in tis aftermath.  Many scholars have properly analogized the GCA to the Nazi Act of 1938, with “Jews” being removed.  The GCA was also pushed into law by racists who wanted to further discriminate against blacks.  By this time, the bigots knew better than to simply switch the word “black” in place of “jew.”  The result was the same – more disarmed Americans.

Both the NFA and the GCA are policed by the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives (the AFT).  Both are blatant violations of the Second Amendment.  Every year, when not supplying military weapons to the Mexican drug cartels, the ATF wasted millions or billions of taxpayer dollars setting up sting operations in order to oppress otherwise innocent Americans through enforcement of these illegal laws.  I have represented several of these poor persons in court.

Of course, gun control has grown by leaps and bounds in and out of the federal government in the ensuing decades.  There has been a great deal of push-back against these laws, but the main pillars of disarmament still stand.  Things keep getting worse.  In 1986, arch-“conservative” Ronald Reagan signed into law a tax reform bill which, among other things, capped the supply of “class III” firearms.  Class III weapons are those such as fully automatic guns and destructive devises (military-grade weapons).  This, again, has had the effect of pricing these weapons beyond the means of most people.  It also deprives us access to modern weaponry.  It is virtually impossible to obtain a post-1986 weapon without spending hundreds of thousands or millions of dollars (one must become a dealer or a manufacturer to do so). 

Thus, Americans are denied access to the very weapons we need the most, those which can be effectively used to thwart government aggression, including mis-use of the standing army.  The Founders were on to something.

m4

(The Second Amendment is not about duck hunting.  Google Images.)

I could run on for another 1500 words or more with this subject.  Instead I will stop here and provide more information in my upcoming columns on the Second Amendment and related articles. In the meantime, do not heed the siren’s call for more gun controll, we need a good deal less.  Guns Up!

Politics

27 Wednesday Feb 2013

Posted by perrinlovett in Uncategorized

≈ 8 Comments

Tags

academic, Alex P. Keating, America, Amerika, anarchist, budget, bullshit, Congress, conservative, Constitution, coroporations, D.C., debt, Debt Clock, democracy, Democrats, Dennis Kucinich, drones, due process, Emperor Palpatine, entertainment, evil, faction, Family Ties (TV show), Federal Reserve, finance, Founder's Almanac, George Washington, government, Greek, H.L. Mencken, Heritage Foundation, history, illegal, insurance, interest, libertarian, libertarians, Liberty, lies, media, Medicaid, Medicare, military-industrial complex, Minority Report, money, Obama, ObamaCare, office, P.J. O'Rourke, parasites, Parliament of Whores, political parties, political theory, politician, politics, poly, ponzi scheme, Presidency, Rand Paul, Republican, Ron Paul, Ronald Reagan, Rush Limbaugh, Social Security, special interests, States, stupidity, tariffs, taxes, television, terrorists, the children, The People, three branches, ticks, War, Washinton, welfare

“Politics” comes from ancient Greek roots.  “Poly,” of course, means “many” and “Ticks” are little blood-sucking parasites.  Thus, “politics” means: many little blood-sucking parasites.  I really wish I could attribute that definition to my own genius but I feel overly honest today.

palpatine

(Emperor Palpatine, the ultimate politician. Source: Google Images.)

Wikipedia says “politics” is  “the art or science of influencing people on a civic, or individual level…”  See: http://en.wikipedia.org/wiki/Politics. 

I have studied politics (formally and informally) since around 1980.  In those days, everyone in the South tended to be Democrats, party-wise.  My parents were proud Democrats at the time and were horrified when Ronald Reagan won the Presidency.  I watched on.  As the years progressed, I decided I was a “conservative” and, therefore, a Republican, much like Reagan. 

I watched Family Ties back then and might have been influenced by the antics of Alex P. Keating.  Then came the Rush Limbaugh era; I listened everyday after high school while working as a runner for a local law firm.  I knew Rush was right.  Well, something in my subconscious had doubts.  In college I drifted into libertarian thought and have remained there ever since.  As the years pass I become closer and closer to a full-blown anarchist. 

During this time, while I descended from a believer in minimal government to a dreamer about no government, reality took a turn for the worse.  The whole of my dear country seems to have gone the other way!  Whereas we had a big government when I was a child, now we have a GIGANTIC monstrosity of a government that seems to grow geometrically ever second.

Hence my disconnect from the world of practical politics.  It is patently obvious that there is no discernible difference between the two major parties in America – they both lead to bigger and more controlling governance.  Over the years I supported several politicians in various ways – both Republicans and Libertarians (I have Democrat friends too).  My support usually faded away with my short, rambling attention span.  I have never been a member of any party. I am proud of that; I hate political parties.

Deer Ticks (file/credit: Getty Images)

(Politicians soliciting contributions.  Google Images.)

In his Farewell Address to the nation, President George Washington devoted nearly two pages to warning the people about party politics.  He began: “Let me now take a more comprehensive view, and warn you in the most solemn manner against the baneful effects of the Spirit of Party, generally.”  Thereupon he listed the many dangers of “faction” at the expense of Public Liberty.  He closed with a thought on excessive party politics: “A fire not to be quenched; it demands a uniform vigilance to prevent its bursting into a flame, lest instead of warming it should consume.”  See: The Founder’s Almanac, pp. 309 – 310, The Heritage Foundation, Washington 2002.  Given Washington’s fame and standing you would think more people would have listened; they did not and American “democracy” became an all-consuming conflagration.

H.L. Mencken wrote in the Minority Report (1956): “Under democracy one party always devotes its chief energies to trying to prove that the other party is unfit to rule – both commonly succeed, and are right.”  Mencken defined “democracy” as “the theory that the common people know what they want, and deserve to get it good and hard.”  Every election since has proved him right on both counts.

The most excited I ever got about any election(s) was in 2008 and 2012 supporting Ron Paul.  I knew then Dr. Paul was an anomaly in American politics.  My fellow citizens chose a different path and now Dr. Paul is retired.  With him, at the end of 2012, went Rep. Dennis Kucinich.  Washington is now devoid of any statesmen whatsoever and the only small impediments to Total Government are gone.  I would like to believe Dr. Paul’s son, the other Dr. Paul, will follow in his father’s hallowed footsteps; I don’t think it will happen.

I have decided to waste no more time following the stupidity (which worsens daily) of field level politics.  My personal academic concentration is now centered on political theory or philosophy and the history thereof.  A good friend of mine says that America is finished, like a $500 car in need of $5000 worth of repairs.  For our generation I fear he may be on to something.  Still, I hold some hope for the future.

My fledgling professional academic career is and will be focused on educating younger persons about the mistakes of faith in politics and government, the evils resulting from such faith, and alternatives to the status quo.

Perhaps the most honest book ever written about American politics is Parliament of Whores by P.J. O’Rourke (1991).  The title says it all.  Inside the reader will discover, among many other witty things, a whole section of chapters entitled, The Three Branches of Government: Money, Television and Bullshit.  Perfect.

Government and politics in general, particularly in America, really do center on O’Rourke’s three “branches.”

Money in politics is not necessarily the root of all evil, but it certainly is the tool of all evil in politics.  It takes a lot of money to get elected to national or state office in the first place.  Savy politicians set up campaign funds legally designed to break or sidestep any campaign finance laws in the way.  Then the ticks turn around and suck blood from any source to fill their funds.  Sometimes they contribute a little of their own money but most of it comes from “donors.”  People all over give a little here and there to help some bozo get elected; once elected the bozo ignores the little people.  The big bucks come from the special interest groups, they get the politician’s attention post-election.

Money flows into Washington, D.C. and the several State capitals by the dump truck load.  Giant corporations and the super rich constantly brib ..er.. give to elected officials in all kinds of ways.  Sometimes they support a pet project of the tick’s (charity, etc.), sometimes they provide booze and hookers, they give kickbacks and favors, and sometimes they just give plain old cash in brown- paper grocery bags.  The amount of money flowing into the Capital is astounding, but it pales in comparison to the money flowing out.

This year, like last year, the federal government will spend something like 3.5 Trillion dollars per its official “budget.”  I just put “budget” between quotation marks because Congress hasn’t put forth an actual budget, as required by the Constitution, in years.  Alarmingly, the vast majority of federal spending is on UnConstitutional programs.  The government spends a huge percentage of that money out of debt.  Fully a third of the budget is borrowed these days.  Check out the U.S. Debt Clock for a good fright: http://www.usdebtclock.org/.  In fact, I believe the borrowed sum exceeds the amount paid by individual taxpayers.  Corporations also pay for a larger portion of the budget than do the individual taxpayers.  However, as with any business expense, corporations pass their taxes along to customers via higher prices for their goods and services.  So the People ultimately pay those taxes as well.  Aaaaand, guess who guarantees the huge debts run up by the ticks?  Yes, taxpayers again.  So, Ma and Pa America have to pay for all the illegal, unnecessary spending of the government, even when they receive no representation for their money.

Like I said, most government programs are not grounded in the Constitution and are therefore illegal.  Of the $3.5 trillion spent, Medicare and Medicaid get about $800 billion.  They are not in the Constitution.  Social Security, the third rail of tick-dom, gets a similar amount.  Not in the Constitution.  Our never-ending, foreign, undeclared wars of aggression get a slightly smaller amount.  Being undeclared and indefensible, they to are also illegal.  The total of interest on the national debt, federal pension costs, and various welfare programs get a similar amount of funding.  Like undeclared warfare, specific welfare is also illegal.  As none of the programs are needed there is no need for all the federal employees vested in those pensions.  If the government didn’t spend so damn much money there would be no debt and, thus, no interest.  The “legitimate” functions of the federal government are mostly unnecessary anymore, and those that are should really only cost us a few hundred billion dollars per year at most.  That could easily be covered by tariffs and import fees – as the government was supposed to be funded and was funded for years without trouble.

I could go on and on with the money stuff but we still have television and bullshit….

Television is really representative of all major media, both news and entertainment, in this nation.  Whether you get your news on TV, from the radio, or from a print medium, it’s all the same.  The government puts out a line of crap and the media runs with it.  Very seldom in America are we treated to any critical reporting anymore.  Remember those special interests?  They own the media nearly completely.  Towing the line is part of the overall scheme.

This scheme extends into non-news entertainment.  Reality shows, pro sports, pop music and other trivial pursuits are the modern bread and circuses of Amerika.  While you drunkenly watch 300-pound men decked out in pink play with a ball, the government is stealing you blind and destroying your country.  The ticks laugh at you too.

Bullshit.  It’s a crude term but it accurately describes everything I’ve been writing about.  It’s also all you ever get from the government.  Mostly everything you hear, see, or read from the government or its pet media are outright lies.  Very little the ticks do is honest or important so they have to concoct wild stories to get you to go along – provided you even pay attention, most people do not.  For instance, when Washington goes to war the ticks always say it’s over something noble like “keeping the world safe for democracy” or “fighting the ‘terrorists’.”  Saying they want to keep profits high for the military-industrial complex (a special interest) doesn’t sound as good.  When President Obama announced ObamaCare, he didn’t say he wanted windfall profits for the insurance and finance companies of America (special interests).  He said it was all to help the children, or the less fortunate, or you and me.  Bullshit!

And when the government and the ticks tell the truth, it’s truly frightening.  The Whitehouse says it will use drones to kill Americans without Due Process.  You better believe they will!  When Congress authorizes an illegal ponzi scheme like Social Security or an illegal monopoly like the Federal Reserve (the biggest special interest of all), they do so openly and with impunity. 

My point is … well, I’ve already made it – I do not like modern, practical politics and for good reason. 

The next time you come into contact with a tick, instead of giving it money and voting it into office, get out the tweezers and the alcohol.  I’m Perrin Lovett and I approve this message.

Posse Comitatus

20 Wednesday Feb 2013

Posted by perrinlovett in Uncategorized

≈ 25 Comments

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I love follow-up stories.  The other day I did a piece about military drones killing Americans and mentioned the Posse Comitatus Act as a possible solution.  I said I’d have more to say about the Act soon.  Here it is:

On June 18th of this year we will all celebrate the 135th birthday of the Posse Comitatus Act, 18 U.S.C. § 1385.  Happy Birthday, Pos-Com!!!  Maybe you do not share my zeal?  Perhaps you have never heard of this great Act or maybe you don’t know what it means.  Allow me to educate you.  The Posse Comitatus Act means absolutely nothing.  Those who will celebrate the creation of this dead letter are those who should be prosecuted under it – namely those members of the various executive branches of the Federal and state governments. 

“18 U.S.C. § 1385” is a legal citation to the United States Code, referring to Section 1385 of Title 18.  Title 18 is the federal criminal code thus, Posse Comitatus creates a criminal offense.  Like 99.99% of federal criminal laws it only sets forth a felony offense and punishment.  Unlike most federal crimes though, the Act carries a lower than usual maximum sentence and it HAS NEVER BEEN PROSECUTED!

In law school I wrote a lengthy research paper on the Act – Posse Comitatus – written for my advanced Constitutional Decision-Making seminar taught by the very Honorable Professor John B. Anderson.  Anderson represented the people of Illinois’s 16th Congressional District for twenty years.  You may recall his 1980 independent run for President against Jimmy Carter and Ronald Reagan.  You may also recall his book The American Economy We Need from 1984.

I consider Professor (as I always call him) Anderson a good friend.  Once he and his wife, Keke, graciously received my wife and I at their beautiful home on a visit to Washington.  However, back when I initially presented my paper proposal to him he seemed a bit skeptical.  I suspect that, at the time, even he had not heard of the Act.  As the semester progressed though our Nation’s Capital came under the terror of the Beltway snipers.  Anderson called me one day and said he had just heard a news report on the radio about the snipers, the hunt therefore, and … the Posse Comitatus Act.  He was hooked and I received an “A” for my efforts. 

Over the ensuing decade I have ripped the paper apart, added to it, and conducted additional research on the Act and many related matters.  In the not to distant future (later in 2013 perhaps) I look forward to publishing a book based in part on my original thesis.  The book is tentatively called A Well Regulated Militia (Amazon/CreateSpace/Kindle) and will relate to all things Second Amendment, Militia, and tyranny prevention (and reversal).  This would include, for reasons cited herein, below, the Pose Comitatus Act.  This work will be far more substantial than The Time Given (soon, I promise), though that treatise is no less important to the scope of human happiness than anything else I write.

I hope the book-buying public also gives my work an “A” and I experience mass market financial success.  Remember, you need not actually read a book; what counts is buying it (multiple copies if possible).  I have limited the many notes and many of the citations which accompanied my old paper and which will inevitably appear in the book.  For the book I intend to clean them up, eliminate them if possible, or relegate them to the seldom viewed “Notes” section at the back. I hear notes, like charts and graphs, drive down sales.  Pictures have been known to help though:

Minutemen-1776

(Our Posse.  Source: Google images).

The history of the Act is a great part of the history of the 19th century in America.  As you may recall in the middle of that century we had a rather unpleasant incident which resulted in the deaths of about 600,000 men.  I refuse to call it The Civil War because it wasn’t.  A “civil war” is where two or more factions fight for control of a central government.  In our case, the Southerners wanted to be free of Washington, not in control of it.  It also wasn’t a declared war (I’ve had debates with other attorneys about what that meant). My northern friends often ask me my opinions about the war.  I can sum the up easily: it was as deadly as it was unnecessary. 

I am in the minority of honest legal historians who believe that the southern states had every authority to seceed from the union.  I think any state today has that same authority.  Nothing in the Constitution compels eternal membership and several states expressly reserved the ability to withdraw at any time.  They asserted a Natural Law position which, being universal, would seem to apply to even those states which joined without such reservation. 

Back in the Nineteenth Century, America was plagued with major problems – debt, financial scams, economic warfare, lying politicians, and, of course, slavery.  Come to think of it, the more things change, the more they stay the same.

You may recall from history that once the “war” was over and the Union reunited, a probationary period was imposed on the southern states.  This period was known as Reconstruction.  It was rank with abuse.  In numerous cases the legislatures of southern states and other institutions were invaded or harassed by regular army troops.  The Posse Comitatus Act was passed partly in  response to these alarming events. 

“Posse Comitatus” is a Latin phrase roughly meaning “power of the county.”  “Posse” in latin is a verb which means to “be able” or to “have power”.  “Comitatus” means “company” or “retinue.”  In other words, it refers to the local militia – those men available for service in times of crisis.   An aside, suited for a future article: “militia” does not correlate with the “National Guard.” 

The concept of the militia predates and was well established at the time of our nation’s founding.  Congress still acknowledges the militia separately from the Guard; the Guard and the militia are differentiated under Titles 10 and 32 of the U.S. Code.  Every State maintains a militia (at least in the law books) separate from the Guard.  In Georgia, the State militia is officially the Georgia State Defense Force.  See: O.C.G.A. § 38-2-23, et seq. 

The Guard was instituted in the early twentieth century and is essentially a back-up force for the regular national army – it is sometimes on loan to the several States.  Enough on that for now.

The Pose Comitatus Act reads, in its entirety: “Whoever, except in cases and circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.”   18 U.S.C. § 1385.   

The Act (let’s call it the “PCA” from here out) originally started out as an amendment to the Army Appropriations Bill (H.R. 4867) for the fiscal year ending in 1879.  This would be during the forty-fifth congress, second session, in 1878.  The initial mention of the concept of the PCA as an amendment came from Rep. William Kimmel of Maryland on May 20, 1878.  Kimmel was cut off in mid speech by time constraints; however, he successfully laid the framework for the PCA amendment.  See: 7 Cong. Rec. 3586. 

H.R. 4867, PCA and all, eventually became law on June 18, 1878, hence the pending birthday celebration.  See: 7 Cong. Rec. 4686.  Some scholars have speculated the PCA was enacted only to end the use of he army in supervising southern elections and legislative sessions.  Earlier I said the PCA was partly enacted for the reasons said scholars state.  I, however, dug deep into Congressional history (boy, what fun) and found a more complicated picture. 

The roots behind the theory of Posse Comitatus go much deeper and further back in history than the American Republic.  The concept was present at the end of the Roman Republic, more than twenty centuries ago.  Gauis Curio attempted to disarm Caesar’s returning army in order to preserve domestic tranquility.  See: Caesar, The Gallic War, Loeb Classical Library, 587 (Harvard U. Press, 2000).  As you know, Caesar “crossed the Rubicon” and the Empire shortly thereafter commenced.

In early America the fear of armed military forces present in everyday life was of grave concern to our Founding Fathers.  Beginning the Declaration of Independence with a nod to Natural Law, Thomas Jefferson listed the first grievance against King George that “He has kept among us, in times of peace, standing armies without the consent of our legislature. … He has affected to render the military independent of and superior to the civil power.”  Dec. Independence, para. 13 – 14 (1776).  Jefferson listed various other similar complaints against the King.

Jefferson was not alone in his fear of standing armies, provisions against which found their way into both the Articles of Confederation and the Constitution (remember the Constitution?).  In The Federalist Papers, Alexander Hamilton, himself not the greatest proponent of freedom, railed against the standing army as “unsupported by any precise or intelligible designations of reasons.”  The Federalist, No. 27 (Hamilton).   

The Forty-Fifth Congress considered several issues in developing the PCA: a standing army versus a militia; limited central government; and, the proper (if any) uses for an army within the confines of the territory of the Republic.  A sub-issue of concern at the end of the 19th Century was the potential rise of communism, which Congress greatly and rightly feared.  Karl Marx was still alive at the time of the PCA debate, his works on “economics” relatively fresh off the presses.  Rep. Abram S. Hewitt of New York commented on the subject: “If you want to fan communism, increase your standing army and you will have enough of it.”  7 Cong. Rec. H. 3538 (1878). 

Rep. Kimmel stated the then current use of the army in domestic affairs was a direct “violation of the Constitution.”  He cited numerous examples of federal troops aiding tax agents, governors, sheriffs, and district attorneys in Georgia, Kentucky, Michigan, and New York.  7 Cong. Rec. 3580 – 3582.  Again, it is popularly said that the PCA was the result of Southern states fed up with the misuse of federal soldiers during elections. Most of Kimmel’s examples were responses to tax collections and labor disputes.  In 1878, as today, New York and Michigan are generally regarded as northern states.  Other Representatives related similar troubles all across the country.  The problem was national in scope.

In the Senate the debate continued.  Senator Benjamin Hill of Georgia remarked, “A posse comitatus is a wholly different thing from an army; it is different in every respect from an army…”  7 Cong. Rec. 4246.  He continued, “it never was lawful, it never shall be lawful, to employ the army as a posse comitatus until you destroy the distinction between civil power and the military power in this country.”  Id. 

As the PCA is a criminal law and given the federal Empire’s love of prosecuting any and everything, one would expect numerous cases under the PCA over the past century or so.  One would be mistaken.  There has never been one single case brought against anyone under the PCA.  This may be due to the fact that the most likely suspects are government officials.  They don’t like to go after their own.  Honor among thieves you know.

The closest semblance of judicial review of the PCA has been in the form of indirect rulings in cases involving other crimes.  Defendants have asserted, as a defense, an alleged violation of the PCA by government officials executing some duty (such as drug enforcement).  This defense universally fails.  I will not bore my audience with any particular cases, though they date from at least 1975 and continue into this Century.

Oddly, I, the great authority on this matter, was once threatened with the potential of facing a PCA violation!  Yes, yours truly, Perrin Lovett.  It all stemmed from one of those lovely anti-family law cases of which I have previously expounded: https://perrinlovett.wordpress.com/2013/02/09/anti-family-law/.  I believe it was a custody dispute. 

Anyway, the defendant was a member of the U.S. Army stationed at Camp Zama in Japan.  Thus, I was tasked with the trouble of perfecting International legal service of process which is not necessarily the easiest thing to do.  I decided to circumvent technicalities by having the defendant simply acknowledge he had received my petition.  Not having an exact address for him, I contacted several offices at the Camp in an attempt to solicit their help in the matter.  The Provost Marshall’s office quickly told me they could not assist with serving a civil lawsuit without running afoul of the PCA.  They actually said that; you know, from the history given here, this type of situation was not within the original intention of Congress.  I pointed out that I was not asking for such, just for friendly information.  As luck would have it, I located the defendant on my own and the case went forward.  As usual, no-one was happy.  Correction: I am happy to have avoided being the only PCA prosecution in history.

Back to reality.  There have been cases innumerable of the military becoming involved in civil law enforcement – from the “war” on drugs to the massacre at Waco, to the Wounded Knee massacre, to the hunt for the D.C. snipers, etcetera, ad nauseum.  Why then, have there been no criminal cases arising from the incidents?

The answer lies in the actions of both the Executive branch and, especially, with Congress.  Exception after exception to the PCA have been enacted over the long years.  Congress has all but rendered the PCA a dead letter to the point the Act is useless for its intended purpose.  

It is somewhat interesting that, having taken the teeth away, Congress has not fully repealed the PCA.  This may be because federal laws never die, they linger forever, used or not.  Amazingly, as recently as 2005, the 107th Congress reaffirmed the spirit of the PCA, literally, but not meaningfully.  “The Congress reaffirms the continued importance of …[the PCA] … and it is the sense of Congress that nothing in this Act [H.R. 5005 – creating the Department of Homeland Security] should be construed to alter the applicability of such section to any use of the Armed Forces as a posse comitatus to execute the laws.”  H.R. 5005 § 780(a) – (b). 

The Homeland Security debacle … Act … followed the Patriot Act and decades of “war” on drugs, crime, and your freedom.  Various National Defense Authorization Acts have followed.  The result has been the complete decimation of the PCA.  President Bush (No. 43) and his successor, Barack Obama, have made clear their intention to use the military whenever necessary, wherever needed, to keep us safe, of course.  Obama even claims he can use military weapons to kill without Due Process.  The protests against his claim are less than deafening.  I protest!

I have some suggestions for changes and improvements to restore the vitality of the PCA.  This is one of the few instances where you will ever hear me call for a new or continued statute.  In the name of freedom, Congress should amend the PCA first to kill all of the previous exemptions.  Second, they should specify that the law only applies to those members of the federal, state, or local governments who would dare to use federal military force to accomplish civil law enforcement of any kind; they could define a violation as an act of government employee-specific treason. 

The punishment could be expanded accordingly.  Perhaps the original punishment might be appropriate in minor cases.  Others, such as those which involve the mass killing of American citizens could be made capital felonies.  Congress has the Constitutional authority to also limit the review of any conviction from any court – including the Supreme Court; thus, when a high official (an attorney general for example) orders Army tanks to drive into a church and burn the worshippers within alive, that official could be convicted under the PCA and immediately hanged in public.  This might serve as a warning to future would-be tyrants. 

Again, this is only a suggestion.  I do not relish the idea of killing even to avenge killing.  I reconsider, reluctantly, when the dread act(s) have the potential of continuing against all of the free people.

This leads me back to my article on drones picking off the voting, tax-suffering public, https://perrinlovett.wordpress.com/2013/02/15/droning-on-and-on/.  A President, already forbidden to use military drones against domestic targets (his already unConstitutional Orders overridden by my proposed law) might think twice about defying the law if he knew the gallows awaited his defiance.

The issues raised herein may likely lead to other related articles.  All of which concern you and those you hold dear.  It is your freedom, security, and happiness that drives me to raise the alarm – the same alarm raised by the Founders and the forgotten members of the forty-fifth Congress.  Bless their wisdom and fore-sighted concern.

Perrin Lovett

perrinlovett@gmail.com

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