There may be something to the claim that all people want to be free. But it is a demonstrable fact that freedom has been under attack, usually successfully, for thousands of years.

So Thomas Sowell writes in a column titled Freedom Is Not Free. He argues that the thuggish Obama regime is implementing a totalitarian agenda. The evidence that individuals are being hounded by government agencies is enormous and mounting. He mentions a few examples.

The Federal Communications Commission’s recent plan to have a “study” of how editorial decisions are made in the media, placing FCC bureaucrats in editorial offices across the country, was one of the boldest assaults on freedom of the press. Fortunately, there was enough backlash to force the FCC to back off.

With all the sweeping powers available to government, displeasing FCC bureaucrats in editorial offices could have brought on armies of “safety” inspectors from OSHA [Occupational Safety and Health Administration], audits from the Internal Revenue Service and many other harassments from many other government agencies.

Such tactics have become especially common in this administration, which has the morals of thugs and the agenda of totalitarians. They may not be consciously aiming at creating a totalitarian state, but shameless use of government power to crush those who get in their way can produce totalitarian end results.

Too kind. We see clear evidence that Obama and his henchmen (and henchwomen) are consciously aiming at totalitarian power.

The prosecution of Dinesh D’Souza for contributing $20,000 to a political candidate, supposedly in violation of the many campaign finance laws, is a classic case of selective prosecution.

Thugs who stationed themselves outside a polling place in Philadelphia to intimidate white voters were given a pass, and others accused of campaign finance violations were charged with misdemeanors, but Dinesh D’Souza has been charged with felonies that carry penalties of years in federal prison.

All of this is over a campaign contribution that is chicken feed, compared to what can be raised inside of an hour at a political fundraising breakfast or lunch.

Could this singling out of D’Souza for prosecution have something to do with the fact that he made a documentary movie with devastating exposures of Barack Obama’s ideologies and policies? That movie, incidentally, is titled “2016: Obama’s America,” and every American should get a copy of it on a DVD. …

It doesn’t matter what rights you have under the Constitution of the United States, if the government can punish you for exercising those rights. And it doesn’t matter what limits the Constitution puts on government officials’ power, if they can exceed those limits without any adverse consequences.

In other words, the Constitution cannot protect you, if you don’t protect the Constitution with your votes against anyone who violates it. Those government officials who want more power are not going to stop unless they get stopped.

As long as millions of Americans vote on the basis of who gives them free stuff, look for their freedom – and all our freedom – to be eroded away, bit by bit. Our children and grandchildren may yet come to see the Constitution as just some quaint words from the past that people once took seriously. …

Arbitrary power is ugly and vicious, regardless of what pious rhetoric goes with it.

Freedom is not free.

You have to fight for it or lose it. But is our generation up to fighting for it?

So there may be no truth in the claim that all people want to be free.

Only a minority, it seems, will vote for freedom. Even fewer will fight for it.

What chance is there that such freedom as we still have will not be lost?

The EU is a much prettier version of tyranny than rough Russia.

One might say it is the feminine version. It dresses nicely. It has its hair styled. It paints its nails. It smiles. It thinks it is alluring. It spends more than it has.

It is easy to understand why half the Ukrainians want to live with it. With her. Rather than with unshaven, violent, shabby, ill-mannered Daddy Russia.

Her corruption is prettily packaged.  Her despotism has a gentle touch. It really is more pleasant to live with her than with him.

But it would be better for the Ukrainians if they just took off on their own.

Bruce Bawer offers that very advice. He writes at Front Page:

It’s in Europe, and it’s huge – after Russia and the top five EU members, it has Europe’s largest population, and twice as many inhabitants as all the Scandiavian countries put together – but Ukraine isn’t a nation we often think of in the West, except when, as in recent days, it’s in the midst of a crisis. It has spent most of its history being conquered and brutalized by its more powerful neighbors, and in the last century underwent one savage chapter after another: 1.5 million people died in the civil war that ended with its absorption into the USSR; millions more died in Stalin’s deliberately engineered famine in 1932-33; during World War II, Hitler slaughtered an additional three million in what was intended to be the first stage of a program of exterminating two-thirds of the country’s population and enslaving the rest.

And, it should be added, its own historical record of brutal persecution and oppression is fully equal to any of its neighbors’. (See here and here and here.)

Today, unsurprisingly, Ukraine is a basket case of a country, riddled with corruption and living in the shadows of its historic horrors. It’s also a linguistically and philosophically divided land, torn between a western chunk whose people speak Ukrainian and identify with Europe and an eastern chunk whose people speak Russian and still feel an attachment to their massive neighbor to the east.

Viktor Yahukovych, the corrupt, autocratic president who disappeared last weekend in the face of mounting public unrest, is a Russiophile whose fatal error was his decision to strengthen bonds with Moscow (which coveted Ukraine as a key ally in a new Eurasian Union) and to turn down a free-trade agreement with the EU; most of the rioters who sent him packing are Europe-oriented types, the majority of whom are eager to see Ukraine become a Western-style democracy free of Putin’s influence, but some of whom, it should be noted, are neo-Nazis who look westward to Germany for the least attractive of reasons.

Most of the Ukrainians who favor European ties also want to see their country join the EU – which, in their eyes, as one Swedish newspaper put it the other day, is “above all…a symbol of a society free of corruption”.  Yulia Tymoshenko, the former prime minister who was sprung from prison on Saturday after Yahukovych took it on the lam – and whose own years in office (ending in 2010) were far from corruption-free – told the Kiev crowds shortly after her release that she’s “sure that Ukraine will be a member of the European Union in the near future and this will change everything”.

Change everything! What is it that makes presumably liberty-loving Eastern European politicians talk about the EU as if it were a magic freedom elixir, a miracle cure for former victims of tyranny?

I suppose part of the explanation is that these politicians travel to the great cities of Western Europe and take in the relative freedom, the relative prosperity, and the relative lack of corruption and thuggery, and assume that all this has something to do with the EU. And part of it, naturally, is the ceaseless stream of pro-EU propaganda poured out by the Western European media and, not least, by the Western European politicians whom the likes of Tymoshenko consort with when they visit the West.

Yet how odd that the superstate’s economic woes haven’t put a dent in the magic for people like Tymoshenko. How odd that even the merest glimpse of the way things work in Brussels – where corruption is, needless to say, very much alive and well, even though it doubtless falls far short of Ukrainian levels – doesn’t give them pause. And how odd that when they witness the arrogance that’s characteristic of virtually all Brussels bigwigs – their habit of responding to any reasonable criticism of the EU not with cogent arguments but with vicious ad hominem attacks – they don’t immediately recognize that they’re observing tyrants in the making, the sort of folks that you’d think they’d had more than enough of over the centuries, thank you very much.

Take European Council president Herman van Rompuy, that colorless, Politburo-style mediocrity, who in a 2011 speech blithely ignored the essentially undemocratic nature of the EU, describing it – outrageously – as “the fatherland, or the motherland of democracy”.

Or take European Commission president José Manuel Durrão Barroso, who started his political career as a Maoist, and who in 2012 argued that the EU’s democracy deficit isn’t a bug but a feature: “Governments are not always right. If governments were always right we would not have the situation that we have today. Decisions taken by the most democratic institutions in the world are very often wrong.”

What he says is not untrue (even democratically-elected governments are almost always wrong), but he is making an argument for despotism.

Or take halfwit EU Foreign Affairs honcho Catherine Ashton, whose 2011 Guardian article lecturing Hosni Mubarak on the need for democracy in Egypt was widely (and rightly) ridiculed as the work of someone who, as Brendan O’Neill neatly put it in the Telegraph,

… has never once bothered the ballot box, never once ventured into the rowdy arena of public opinion to win the masses’ backing, and who was elevated to her current position as the European Union’s high representative for foreign affairs through backroom wheeling and dealing.

Noting Ashton’s enthusiasm, in her Guardian piece, for what she called “deep democracy”,  O’Neill explained that “she doesn’t mean deep as in profound – she means bureaucracy, the grey and unaccountable sphere that she haunts, the removed realm of experts and unelected high representatives” – a phenomenon Ashton contrasted (favorably, of course) with mere “surface democracy”, the undesirable, old-fashioned sort of system in which elected officials actually seek (horrors!) to honor their constituents’ wishes.

Even a cursory look at the careers and pronouncements of these unelected demigods, these self-regarding technocratic hacks, is to recognize them as people who itch to rule an empire and who are, quite simply, outraged at anyone who dares to stand in their way for a moment. Given the transparency of their lust for monolithic power – a power, moreover, utterly liberated from any notion whatsoever of responsibility to an electorate – it’s baffling that so many observers can actually take the EU seriously as a formula for European peace rather than for European autocracy.

What Europe has in Barroso, Ashton, & co., after all, is a pack of men and women who have done their level best to impoverish real political debate, to blunt its impact, and to make it seem obsolescent, counterproductive, and in every way undesirable.

Former Czech president and staunch EU critic Václav Klaus asked in his 2011 book Europe: The Shattering of Illusions:

Do we have real politics in Europe today – the political conflict of opinions – or have real politics been in fact eliminated by reducing the weight and importance of the nation states and by the self-confessed apolitical ways of Brussels?

Which is another way of saying that Brussels isn’t a city of politicians who have different political philosophies and who come together to debate ideas and hammer out compromises; it’s a city of technocrats who share an ideology and who work together as a team to translate that ideology into policy – never mind what the rabble think. (Or, as Klaus put it even more bluntly: “the European Union is no longer the symbol of democracy it pretends to be.”)

Klaus has coined the term “Europeism”. It’s a useful word, because it places the unreflecting, reality-defying enthusiasm for Europe in the category it belongs to, along with other, earlier European-isms. Among much else, Europeism views the free market as uncivilized and anarchic, places collective rights above individual rights, and strives, as Klaus excellently puts it, “for a homogenized, ‘decaffeinated’ world (with no flavour, aroma, and smell)”.

Europeists, he writes,

… do not believe in spontaneous, unregulated and uncontrolled human activity. They trust the chosen ones (not the elected ones), they trust themselves or those who are chosen by themselves. They believe in a vertically structured and hierarchized human society  …  They want to mastermind, plan, regulate, administer the others, because some (they themselves) do know and others do not. They do not want to rely on spontaneity of human behavior and on the outcomes resulting from this spontaneity because they think that rationalistic human design is always better than an unplanned result of interactions between free citizens, constructed and commanded by nobody. Even though we thought that after the collapse of communism all this was a matter of the past, it is not so. It is around us again. Europeism is a new utopism and, I add, it is an extremely naive and romantic utopism.

Above all, writes Klaus, Europeism “is based on the idea that states, more precisely the nation states, represent the Evil – because they were once the cause of wars among other things – while the supranational, continental and global entities represent the Good, because they – according to eurocrats – eliminate all forms of nationalist bickering once and for all”. This understanding of things, he adds, “is obviously childish, yet it is generally accepted in Europe”. Yes, it’s accepted because millions of today’s Europeans have been brainwashed into thinking that national feeling – patriotism – was the root of all of the worst things that happened to the continent in the twentieth century. No, ideology was the root – ideology in the form of Nazism, fascism, and Communism. And Europeism – which, by the way, has multiculturalism and fanatical environmentalism built into it – is the twenty-first-century heir of those wretched systems of thought.

Which brings us back to the latest developments in Ukraine. Tymoshenko’s speech on Saturday night was followed on Sunday by the news that the EU – notwithstanding its own massive financial difficulties – is now ready to hand over bushels of cash to the newly Europe-friendly government in Kiev. …

Note to Ukrainians: accepting the EU’s money is one thing. Go for it. But why this longing, on the part of Tymoshenko or anyone else in your country, to board the Superstate Express? Set aside, if you wish, the economic downside of the whole project, the looming disaster that is the eurozone, and just ask yourselves this: after spending most of your history taking orders from far-off imperial capitals, most of the twentieth century living under the nightmare of Communism, and most of the greater part of the generation that followed under the gravitational pull of post-Soviet Kremlin despotism, why be so desperate to subordinate yourselves to yet another set of haughty, high-handed foreign rulers? Why slip away from being under one thumb only to voluntarily place yourself under another?

Ukraine, here’s one simple piece of unsolicited advice: vote for sovereignty. Vote for freedom. Take the money and run.

Stay out of the EU.

George Will, at the Washington Post, sees the civil conflict in the Ukraine as the last battle – or “final episode” –  of the Cold War.

How pathetic is the plight of the Ukrainians. Their choice is between membership of the corrupt, socialist, failing EU (which is what the people want), or  – worse, far worse – domination by Russia (which is what the government wants). Under the Russian boot they would not be much better off than they were when Russia was called the USSR.

So the EU is a haven for them. Rather like sheltering from a volcanic eruption in a cave full of vipers.

The bodies of Ukrainian protestors laid out on the street – sleeping or dead?

Picture from PowerLine, where you can find more.

The religion of Environmentalism is killing people.

An ideology that requires everyone to conform to it; that nothing can disprove, so depends on faith and not reason; that has a priesthood of persons who may not be contradicted without accusations of heresy; that exacts human sacrifice, is a mysticism, a religion. And Environmentalism is just such an ideology.

Daniel Greenfield tells the story of its human victims in Britain, and warns Americans of what is coming to them too. We quote from the article at his website Sultan Knish:

8,000 people die in the UK every year due to what is being called “Fuel Poverty”. Fuel Poverty is a trendy term for those who can’t afford to heat their home because all the solar panels and windmills, the coal bans and the wars on fracking have made it too expensive for people not to freeze to death. …

The family that has to choose between feeding their children or being able to drive to work and heat their home is not a talking point; they are the new Kulaks, the victims of an ideological activist policy that is killing innocent people for the Green greater good of the environment.

Stalin killed millions to industrialize the Soviet Union, the Green Left is preparing to kill millions to deindustrialize North America, Europe and Australia. It’s already doing it. …

Clean energy has become the new Communism, an ideological program that can never be achieved, but for which we must all strive no matter how many die all along the way. …

Americans complaining about high gas and oil prices can buckle up because that is only a taste of what is coming this way. …

The Obama agenda isn’t to make energy prices affordable, it’s to make them so horribly impossible to afford that we’ll use less energy.

Fuel poverty is the agenda here and we know that’s so because he told us so:

We can’t drive our SUVs and eat as much as we want and keep our homes on 72 degrees at all times and then just expect that other countries are going to say ok …

If somebody wants to build a coal-powered plant, they can; it’s just that it will bankrupt them because they’re going to be charged a huge sum for all that greenhouse gas that’s being emitted. That will also generate billions of dollars that we can invest in solar, wind, biodiesel and other alternative energy approaches.

That doesn’t mean Obama can’t heat the White House at 72 degrees or Hawaii level temperatures. It means that you can’t do it. That’s what fuel poverty really means. …

The only thing that can end fuel poverty is cheap energy and that is what the left is dead set against.

Which is the real reason so many lefties oppose the Keystone pipeline which would bring oil from Canada.

Yet oddly enough there was a time when people were able to heat their homes and drive their cars … and afford to eat. That brief golden period was stomped out by the friends of the working class, who knew how urgent it was to make life harsh and miserable and who are busy finding ways to make it even worse.

All this is for the greater good. Someone’s greater good anyway. …

If the US or the UK are to embrace the living standards of Africa as Prince Charles would like us to, they will also embrace its mortality rates. A reduction in the standard of living at this scale and on such a comprehensive level amounts to mass murder.

The Soviet Union killed millions for its ideology. The Western left has only begun and the day will come when a few thousand pensioners dead in their homes will be weighed as the smallest part of their toll.

“Nudging” the nation towards acceptance of unfreedom is the declared plan of the Obama gang.

Now comes an idea of how to “nudge”  Americans towards accepting state-controlled news and comment.

This is from an editorial in Investor’s Business Daily:

The FCC [Federal Communications Commission] has cooked up a plan to place “researchers” in U.S. newsrooms, supposedly to learn all about how editorial decisions are made. …

As if illegal seizures of Associated Press phone records and the shadowy tailing of the mother of a Fox News reporter weren’t menacing enough, the Obama administration is going out of its way to institute a new intrusive surveillance of the press, as if the press wasn’t supine enough.

Ajit Pai, a commissioner with the Federal Communications Commission, warned this week in a Wall Street Journal op-ed that a plan to dispatch researchers into radio, television and even newspaper newsrooms called the “Multi-Market Study of Critical Information Needs” is still going forward, despite the grave danger it presented to the First Amendment.

Pai warned that under the rationale of increasing minority representation in newsrooms, the FCC, which has the power to issue or not issue broadcasting licenses, would dispatch its “researchers” to newsrooms across America to seek their “voluntary” compliance about how news stories are decided, as well as “wade into office politics” looking for angry reporters whose story ideas were rejected as evidence of a shutout of minority views.

Pai questioned if such a study could really be voluntary, given FCC’s conflict of interest (and, he might have added, the Obama record of going after political opponents).

The origin of the idea is a recrudescence of the Fairness Doctrine, inoperative since 1987 or so, to provide equal time to leftist points of view in broadcasting and other media that otherwise wouldn’t have a willing audience in a free market.

It’s an idea so fraught with potential for abuse it ought to have news agencies screaming bloody murder. The very idea of Obama hipsters showing up in newsrooms, asking questions and judging if newspapers (over which they have no jurisdiction), radio and TV are sufficiently diverse is nothing short of thought control.

The FCC now says it will be “closely reviewing the proposed research design to determine if an alternative approach is merited,” as a result of Pai’s warning. Adweek actually reported that as a “retreat.”

It’s because of this don’t-rock-the-boat attitude that Reporters Without Borders said the U.S. had “one of the most significant declines” in press freedom in the world last year, dropping 13 places to a wretched 46th in its newly released global ranking.

If the FCC has its way, it can drop even further.

Could this menacing move wake up the media toadies of the Left at last? Will they now rise in fury against the spreading tyranny of the Obama government?

Seems not –

The reaction from the National Association of Broadcasters was mealy-mouthed. The FCC “should reconsider” “qualitative” sections of its study, it wrote.

So the Fourth Estate will squirm a little and then lie back and think of Cass Sunstein, Saul Alinsky, and – ah! – Barack Obama.

Though cowards flinch and traitors sneer, they’ll keep the Red Flag flying here.

To think for yourself and express your thoughts is a capital offense in Iran and Saudi Arabia, because Islam will not tolerate it.

This is from Poetry Foundation:

We were saddened and horrified today to learn of the death of Hashem Shaabani, who was executed on January 27th by the order of Iranian President Hassan Rouhani.

From Radio Free Europe:

An Islamic Revolutionary Tribunal reportedly had sentenced the poet to death, along with 14 others, last July on charges that included “waging war on God.”

Press reports said Shaabani was hanged after his sentence was approved by President Hassan Rohani.

In a statement on February 5, Freedom House said Shaabani was subjected to severe torture and interrogation during his three years in prison.

Human Rights Voices also reports on the execution, writing:

To those who knew him, Hashem Shaabani was a man of peace and understanding struggling to extend spaces of individual freedom within the despotic Khomeinist system…In one of his letters from prison, made available to use through his family, Shaabani says he could not have remained silent against ‘hideous crimes against Ahvazis* perpetrated by the Iranian authorities, particularly arbitrary and unjust executions’.  He adds, ‘I have tried to defend the legitimate right that every people in this world should have which is the right to live freely with full civil rights. With all these miseries and tragedies, I have never used a weapon to fight these atrocious crimes except the pen.’

And this is from the Friendly Atheist section of Patheos Press:

Saudi blogger and religious dissident Raif Badawi has been cruelly punished and toyed with by the Saudi legal system for about a year now, and things have taken a darker turn. According to Badawi’s wife, now living in Lebanon, the high court will try Badawi on the charge of apostasy. If convicted, Badawi could be executed.

This comes after a court opted not to charge him with apostasy in January, but did put him up on charges of “insulting Islam and showing disobedience.” How did they come to this decision? Badawi is the co-founder of a website called the Liberal Saudi Network, which is bad enough, but imagine the horror that washed over Saudi society with this kind of action:

The evidence against him included the fact that he pressed the “Like” button on a Facebook page for Arab Christians.

As a result of this heinous behavior, in July, Badawi was sentenced to 600 lashes and seven years in prison.

Which was horrifying enough. But now it looks like Badawi is being brought up on apostasy charges in earnest. Badawi’s case is one of many being watched by the Office of Public Policy at the Center for Inquiry, where I work, and our Campaign for Free Expression. …

Those who position themselves as “allies” of Saudi Arabia, such as the United States, need to discover their consciences. How can the civilized world refer to itself as such when an ally practices such barbarism, it looks the other way?

Hangings in Iran

* Ahvazis – people of the city of Ahvaz or Al-Ahwaz, capital of  Khuzestan Province, Iran. Many of them are Arabs. Sympathetic as we are to Hashem Shaabani and his principles, we hope he was not defending the four Ahvazis who had been executed for a terrorist bombing in their city in 2007. (Terrorists should be executed. But the Iranian regime has no principled approach to terrorism. It is itself a terrorist regime. And just think of the thousands who have been killed, and continue to be killed by Iran-sponsored terrorists, chief among them the criminal organization Hezbollah.) 

Among the ancient Dead Sea Scrolls there is one titled The War of the Children of Light  and the Children of Darkness.

It is a perpetual war: Good against Evil.

It is fought in most of the world’s mythologies, and in almost all of them Good will win in the end. (The exception is that of the Norsemen. They foresaw the triumph of Evil.)

Dennis Prager, writing at Townhall, describes how the two sides of the conflict appear to him now:

In both personal and public life, you can know a great deal about a person or a group if you know what most bothers them – and what doesn’t bother them.

A news item this past week made this point with glaring clarity. It reported a meeting that the United Nations Assistant Secretary-General for Human Rights had on Friday. Before revealing the subject of that meeting, let’s review for a moment what is happening in the world …

North Korea continues to be an affront to the human species. That North Korea, whether or not it had nuclear weapons, is not a central concern is an indictment of humanity.

That the West, with the noble exception of Canada under Stephen Harper, is appeasing the dictators of Iran, is an indictment of the West.

Add to this list the U.N.’s and the world’s ignoring of the Chinese government’s continuing suppression of all dissent and its decades-long violent eradication of Tibet’s unique and ancient culture.

Then add the slaughter of millions in Congo over the last decade, the 100,000-plus killed in Syria just last year, most of them civilians killed by their own government, and the blowing up, burning alive, and throat-cutting of untold numbers of innocent people by violent Islamists on a daily basis.

In other words, if what bothers you most is evil – the deliberate infliction of cruelty on people by people – North Korea, Congo, China, Syria and radical Islam will bother you more than anything else on the world scene.

So, then, what was the subject of the meeting convened Friday by the United Nations Assistant Secretary-General for Human Rights?

The alleged racism of the name of the National Football League’s Washington team, the Redskins.

That’s right. All these horrific evils are happening as you read this, and … the United Nations had a meeting about the name Washington Redskins.

The U.N. is not alone in paying undue attention to the Redskins’ name. The left in the United States is nearly obsessed with it. President Barack Obama has spoken out against it. The Washington Post editorial board has demanded that the team drop the name. In the herd-like way that governs media, innumerable columnists and sports writers have written passionate columns against the name, and increasing numbers of sports writers have vowed to never again write or speak the name.

This left-wing obsession with a non-evil exemplifies the left’s moral universe. That universe is preoccupied with lesser evils while nearly always ignoring the greatest evils.

Preoccupation with real evil is the greatest difference between right and left. The right was preoccupied with fighting Communism while the left … was preoccupied with fighting anti-Communists.

The right today is preoccupied with fighting Islamism; the left is preoccupied with fighting “Islamophobia.”

One way of putting it is that the right is preoccupied with fighting evil and the left is preoccupied with fighting those who fight evil.

The right is preoccupied with defending Israel against those who wish to annihilate it. The left is preoccupied with Israeli apartments on the West Bank.

This difference was made manifest last week in the address given by the one world leader to exemplify the right’s preoccupation with evil, Canada’s prime minister, Stephen Harper. Talking about all the condemnations of Israel, Harper said:

“Think about the twisted logic and outright malice behind that: a state, based on freedom, democracy and the rule of law, that was founded so Jews can flourish as Jews, and seek shelter from the shadow of the worst racist experiment in history, that is condemned, and that condemnation is masked in the language of anti-racism. It is nothing short of sickening.”

Yes, but the writer does not go nearly far enough. The Left is not merely preoccupied with fighting those who fight evil, it is occupied with doing evil. The Left  is in alliance with Islam. Its (bewilderingly unintelligent) intelligentsia invent a fake need to “save the planet” from “climate change” as an excuse to advance their own tyrannical rule, reduce population, and impoverish and destroy civilization.

And where are our warriors of the Right to stop them? Let’s see: there’s Stephen Harper and … Well, a few more names may spring to mind. And we do have the immense power of Reason on our side.

Which side is winning, would you say?

Clark M. Neily III and his colleagues at the libertarian Institute for Justice believe the United States would be more just if judges were less deferential to legislatures. In his book Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government, Neily writes that the United States is not “a fundamentally majoritarian nation in which the ability to impose one’s will on others through law is a sacred right that courts should take great pains not to impede.” America’s defining value is not majority rule but individual liberty.

Democracy may be better than all other systems of government, but it has a serious flaw. It allows a majority of the electorate to exert its will over the rest. A majority does not by virtue of sheer numbers know what’s best for the nation. A majority can be dangerously wrong – as when it elects a Hitler, an Allende, a Putin, a Mugabe, a Chavez, a Carter, an Obama.

Democracy needs to be restrained. Americans look to their courts to preserve them from the tyranny of the majority. Conservatives, whether in power or not, should be firmest in upholding the power of the judicial branch. Knowing this, many conservatives speak out against “judicial activism”, thinking that all activist judges are creatures of the Left. But judicial activism could be a protection against the Left.

Our introductory paragraph comes from an article by George Will, who further writes at the Washington Post where he is one of a very few voices of conservatism and reason:

Many judges …  in practicing what conservatives have unwisely celebrated as “judicial restraint,” have subordinated liberty to majority rule. Today, a perverse conservative populism panders to two dubious notions — that majorities should enjoy a largely untrammeled right to make rules for everyone, and that most things legislatures do reflect the will of a majority.

Conservatives’ advocacy of judicial restraint serves liberalism by leaving government’s growth unrestrained.

This leaves people such as Sandy Meadows at the mercy of government acting as protector of the strong. Meadows was a Baton Rouge widow who had little education and no resources but was skillful at creating flower arrangements, which a grocery store hired her to do. Then Louisiana’s Horticulture Commission pounced. It threatened to close the store as punishment for hiring an unlicensed flower arranger. Meadows failed to get a license, which required a written test and the making of four flower arrangements in four hours, arrangements judged by licensed florists functioning as gatekeepers to their own profession, restricting the entry of competitors. Meadows, denied reentry into the profession from which the government had expelled her, died in poverty, but Louisianans were protected by their government from the menace of unlicensed flower arrangers.

What Louisiana does, and all states do in conferring favors through regulations that violate individuals’ rights, is obviously unjust and would be declared unconstitutional if courts would do their duty. Their duty is to protect individual liberty, including the right to earn a living, against special-interest legislation. Instead, since judicial abdication became normal during the New Deal, courts almost invariably defer to legislatures’ economic regulations, which frequently are rent-seeking by private factions.

Courts justify dereliction of judicial duty as genuflection at the altar of majority rule, as long as the court can discern, or even imagine, a “rational basis” for a regulation — even if the legislature never articulated it. …

Conservatives clamoring for judicial restraint, meaning deference to legislatures, are waving a banner unfurled a century ago by progressives eager to emancipate government, freeing it to pursue whatever collective endeavors it fancies, sacrificing individual rights to a spurious majoritarian ethic.

The beginning of wisdom is recognizing the implications of this fact: Government is almost never disinterested. Today’s administrative state is a congeries of interests, each of which has a metabolic urge to enlarge its dominion and that of the private-sector faction with which it collaborates. …

Judge Janice Rogers Brown of the U.S. Court of Appeals for the District of Columbia Circuit says of “rational basis” jurisprudence: “The judiciary justifies its reluctance to intervene by claiming incompetence — apparently, judges lack the acumen to recognize corruption, self-interest, or arbitrariness in the economic realm — or deferring to the majoritarian imperative,” which means “the absence of any check on the group interests that all too often control the democratic process.”

This process, Neily rightly insists, is not self-legitimizing, which is why judicial passivity is inconsistent with constitutional government. [And he] argues that to say that judicial invalidations of legislative acts should be rare is no more sensible than saying NFL referees should rarely penalize players for holding.

Conservatism’s task, politically hazardous but constitutionally essential, is to urge courts to throw as many flags as there are infractions.

If conservatives never forgive Chief Justice Roberts for validating the anti-American “Affordable Care Act”, they will be exercising better judgment than he did when he disregarded the essential fact that “America’s defining value is not majority rule but individual liberty”. 

Undoing what America was founded to be –  a free nation ruled by law and not men – the present administration is becoming more and more arbitrary, arrogant, and despotic.

This is from an Investor’s Business Daily editorial:

The FBI says it won’t prosecute anyone at the IRS for its admitted targeting of the president’s political foes. This just as the agency claims the law is no longer its main mission. So it’s a political goon squad now.

According to a leak to the Wall Street Journal, the Federal Bureau of Investigation “didn’t find the kind of political bias or ‘enemy hunting’ that would amount to a violation of criminal law.” And so, nobody was likely to be prosecuted for the most blatant politicization of a federal agency within memory.

All the Bureau found was a “mismanaged” agency that enforced rules “it didn’t understand.” In other words, nothing to see here, move along.

That’s strange stuff for an agency whose most implicated regulator, Lois Lerner, invoked her Fifth Amendment rights against self incrimination in congressional testimony last year. That she came to congressional attention was only because of her calculated announcement that the IRS had in fact targeted Tea Party groups for special scrutiny — that’s right, admitted to breaking the law — in a preemptive attempt to paint her abuse of power as a customer service problem.

Her minions lied that it was only the work of low-level bureaucratic bumblers in Cincinnati. And after that sleazy string of favors that coincidentally benefited her president, she was permitted to retire on a full pension.

The reality is, the acts reeked of political targeting, the most illegal of acts, a corrupt use of government power, and a worthy target of checks and balances provided by the FBI in the name of law and order.

But for some reason, the FBI has neither interviewed the Tea Party activists targeted for intrusive scrutiny, nor has it noticed anything amiss in light of the White House’s rabid attacks on Tea Party activists. It hasn’t noticed the Tea Party’s demonstrable political strength in its large gatherings during the most intense period of its political targeting, nor noted the president’s record of “joking” about investigating political opponents.

And it hasn’t picked up the clue from the Center for Responsive Politics showing that IRS employees donated to Obama’s campaign by more than 2 to 1 over Tea Party-tied Republicans — let alone that the prosecutor chosen by the president to look into this case is a fat-cat donor to Obama.

If New Jersey Gov. Chris Christie can be criticized for a traffic jam, then the White House’s attacks on political opponents are in a league with what goes on in Venezuela. That the FBI won’t get involved in this and is willing to wreck its reputation for apolitical probity suggests this investigation is leading to a place the bureau would rather not go — namely, the White House.

It’s interesting to note that Rep. Darrell Issa of California announced Tuesday that a top FBI official suddenly won’t cooperate with the House Oversight Committee after meeting with a top Justice Department political appointee. Issa says the FBI is stonewalling. The FBI … was once was known for its squeaky clean image and willingness to enforce the law without fear or favor. Today, it’s slid so far into the Washington morass it no longer considers law enforcement its prime mission. About a week ago, it quite questionably declared its top mission “national security” — an abrogation of its congressionally mandated mission.

Can the public now trust the FBI or the IRS? …

If the FBI won’t enforce the law anymore, who will?