There can only be liberty under the rule of law.

When government is unconstrained by law, everyone is a potential victim of confiscation of property, imprisonment, or any other arbitrary action of the dictators.

We quote from an article at Townhall, by Kurt Schlichter.

Trigger warning: sarcasm coming up.

We conservatives have spent far too long playing by the old rules when liberals have completely changed the game. There was a time when laws meant what they said, when individual rights were important, when the government did not make it its business to oppress the executive’s ideological opponents, and when principles mattered. But that time has passed.

There’s a new set of rules, and while we don’t have control in Washington right now, we do have control most everywhere else – and someday a conservative will be president again. So there is no reason not to get going right now playing by the same rules the liberals do!

Of course, first we need to understand the basis of the new rules – it’s about having the moral courage to obtain and keep power. Until now, we conservatives have been guided by “principles” and “values” that only serve to distract us from what’s really important. Under the new rules, we will no longer let arbitrary ideas about how America should work get in the way of maximizing our ability to exercise our authority over others. After all, our supremacy is a moral imperative.

We will step beyond obsolete notions about process and embrace the primacy of results. We will stop treating “means” and “ends” like they are distinct and different – as 1984 (Read it – lots of great tactics, techniques and procedures!) teaches, “Power is not a means; it is an end.” Means and ends will flow together seamlessly, and we will stop getting hung-up on how we do things and focus on the real goal under the new rules – consolidating our power for the greater good.

Take the law. Under the old rules, judges were constrained by the plain meaning of the text, but that is far too restrictive. Words must mean what we need them to mean, no more and no less. We have to appoint judges who won’t prattle on about “judicial restraint” and “not legislating from the bench,” and who will reliably rule exactly how we need them to rule on each and every case. Let’s appoint judges, who understand that their purpose is to rationalize rulings that support our policy priorities, not seek some “legally correct” decision that might not. The law of the land is whatever we want it to be!

We should celebrate Judge Roberts’s recent Obamacare decision – it was liberating! He made it clear that when we want a different result, we don’t have to be deterred by the fact that the law means exactly the opposite. He affirmed that judges should interpret statutes – and the Constitution too – based upon a subjective desire for a particular outcome. Think of the possibilities for conservative progress if we aren’t hamstrung by some inconvenient text in a statute or the literal meaning of the words on some ancient parchment!

Where we have control of law enforcement, we have another great opportunity to play by the new rules. There are all sorts of liberal organizations out there shamelessly advocating policies and ideas we disapprove of. As we have learned, we can turn the power of the government upon them to root out this wrongdoing. We do not need to bother with accusing them of any kind of specific crime – why should we restrict our investigations to clear violations of laws? Instead, we can launch fishing expeditions to see what we can dig up – and even if there’s nothing, well, remember that the process is the punishment. Regardless, it’s important to establish that our political opponents will pay a price for presuming to oppose us.

And, naturally, when our allies are accused of breaking the law, we just ignore it. There needs to be two sets of laws – one for us, and one for everyone else. Otherwise, we might be constrained from doing what we please.

And there are other opportunities a huge government can provide us. Beyond audits and blocking vital certifications, the IRS has plenty of juicy information on every American – we can selectively release it to intimidate those who do not support us. And when we get a hold of everyone’s medical records under Obamacare – wow! What an opportunity!

Of course, there will not be any Obamacare. Oh, technically it might be hard to repeal (though getting rid of the filibuster entirely will make it much easier!), but who needs to repeal it when we can just choose not to enforce it? Our next president simply has to instruct the rest of the executive branch that they will not be taking any action with regard to implementing Obamacare, not collecting any of its taxes (they are taxes this week, right?) and not enforcing any of its mandates. Understand that we won’ be refusing to carry out the law – we’ll just be focusing on different executive priorities!

Perhaps the mainstream media will speak up, at least at first. But, you know, the New York Times, NBC and the rest really seem to have way too much power over our national conversation. It just isn’t fair how these big companies drown out the voices of regular people. Heck, these corporate entities are not even people and certainly should not have rights like people do to speak freely and so forth. They are more of a public utility, and frankly, they have not been serving the public good. That’s why we will use the FCC to take charge and oversee the shamefully deregulated mainstream media. …

A 40% surcharge on all Hollywood and Silicon Valley windfall profits would go a long way towards making things fairer – and this has nothing to do with the fact that most Hollywood and Silicon Valley political money goes to our opponents. But don’t worry about our conservative allies in those two fields – if they don’t pay we just won’t prosecute them! But if you’re liberal, watch out! …

This is only the beginning – the new rules liberate us from the constraints that for so long kept us from truly making conservative progress. All those “principles” and “ideals” about right and wrong and all that only served to take our eyes off of the real prize – our power, which we would only use for the common good.

Sure, we were all sad to see the old rules go, but gone they are. Our liberal friends made sure of that. So let’s make the best of it!

We may all know it, but it needs to be repeated from time to time: The great political divide is between those who favor collectivism and those who favor individual freedom.

Collectivism on a national scale is necessarily statism. Human nature being what it is – instinctively self-preserving and self-advancing – such collectivism requires compulsion, or, to use a softer word, organization: the organization of an entire nation. (At least the nation: the ultimate collectivist dream is the global collective, the organization of the whole world.) And only a government, which is to say the state, has the power to do it.

A collectivized nation is not simply one that is under the rule of a common law. To the contrary, a society in which the citizens consent to be subject equally to the abstract authority of law (a constitution, or a body of laws made by representatives answerable to their electors), is a free society.

A collectivized nation is under the rule of human organizers who exert control of the people according to their own will. It is the opposite of a free society. Such a state is, in the true meaning of the word, a tyranny.

It may be a benign tyranny; its rulers, serially or in concert, could be (in laughable theory) persons of admirable uprightness, possessed of the utmost goodwill and kindly intentions, moved by the highest ideals, inspired by the loftiest visions of human happiness, but it is nevertheless a tyranny.

And besides, what sort of person can believe he knows what’s best for everyone else? How can he be a good sort? Wouldn’t such a man (or woman – there have been tyrannous queens) have to be an insufferably arrogant know-it-all? Or the sort who doesn’t really give a damn about the effects of his orders on others just so long as he has his own way? And is there likely to be a person who really can know enough to be the best arbiter of everyone else’s fate? Or can be trusted to set the best possible direction for millions of lives? And is it conceivable that one direction can be best for everyone?

Collectivists include Socialists, Communists, Nazis, Fascists, global government idealists, the Greens, and in sum the ideologists of any form of totalitarianism, including Islam.

There are two types of collectivist states and movements:

Non-egalitarian: such as Hitler’s Germany, Mussolini’s Italy, Salazar’s Portugal, Islam.

This type, except for Islam, has too few devotees at present to constitute an ideological threat. (Islam is an active enemy of freedom, but not only because it is collectivist, so we won’t discuss it any further here.)

Egalitarian: such as Soviet Russia, Pol Pot’s Cambodia, Mao’s China, Castro’s Cuba, Greens.

A collectivist state of the egalitarian type controls the distribution of material goods, of course. If goods are to be equally distributed, there has to be an agency doing the distributing, and that agency can only be the state. Having the monopoly of force, the state alone has the power to redistribute all property; to seize what is yours and bestow it on someone else. Maybe you worked long and hard for it, but nevertheless the state ordains that someone else who didn’t work for it has at least as much right to it as you have, in fact more. That’s the immorality of redistribution. It is called ‘social justice’. Equality of this sort is incompatible with liberty.

Millions pursue these egalitarian ideals, as ‘socialists’, ‘liberals’, ‘progressives’, or ‘greens’, despite their colossal failure wherever they’ve been tried in practice.

The attraction of an egalitarian collectivist system lies in its apparent guarantee of security. It offers you an alternative to a lonely struggle for survival. It will, theoretically, provide you with food, shelter, schooling, healing. And on top of all that, it will give you a sense of (communal) purpose, and a lifting of responsibility to make life-directing decisions for yourself. If you just do what you’re told, work where you are directed to work, live where you are allowed to live, eat what is made available to you, repeat the lessons you are taught, you will survive. And furthermore you‘ll have nothing to reproach yourself with; you can bear a lightness of moral being, certain that you are no higher or lower than anybody else, having neither to envy others nor to be annoyingly envied by them.

Paradise? For those who think it may be, there is bad news. The whole utopian structure is built on a fallacy. The idea that you will be more secure in the arms of the state than you are if left to your own devices is an illusion. What the state provides the state can withhold. If the state gives you a job, it can deny you a job. The same with housing, education, medicine. You are dependent on it, and if it fails you or punishes you by withdrawing its patronage, you will have no recourse. Your choice is to live as a slave obedient to the state, or perish.

The only real security lies always in your own ability to act for yourself (and your immediate dependents). It may not be easy, yet most who try succeed. The more freely you can act for yourself, the safer you are. The state’s only legitimate role is to safeguard you while you pursue your self-chosen aims, by protecting your country from external enemies with military strength, and you personally by enforcing the law.

The state is forever an incipient threat to freedom. It tends to accumulate power and encroach gradually on the freedom of the citizens. It needs to be kept from becoming too powerful. How to limit the power of government is the chief problem for representative democracies.

The state will take more power to itself in times of national crisis, such as war or severe economic recession. It can – and governments often do – invent crises as an excuse to take more power. They are doing so now. One of the most potent excuses that representative governments are seizing on to expand way beyond acceptable limits is ‘climate change’ with its ‘threats to the environment’.

It is in the name of an apparently overriding necessity – nothing less than the preservation of our planet – that governments are busy trying to organize populations into collective compliance with their will. All populations. The salvation of Earth is only possible, the environmentalists say, if their remedies are applied uniformly to the entire planet. Never has there been such a gift of an excuse for collectivists in power to organize the rest of us. We must all, they insist, henceforth live, work, play, travel, dress, eat, and house ourselves as they tell us to if we are to survive.

DO NOT BELIEVE THEM.

Post Script: Green is the new Red (as in Communist Red). The Communist Van Jones, briefly appointed as Green Jobs Adviser to President Obama, made no secret of why he liked the job. He said that the green economy would start off as ‘a small subset’ of a complete revolution, away from ‘grey capitalism’ toward redistribution of all the wealth. ‘We are going to push it and push it and push it and push it until it becomes the engine for transforming the whole society.’

Jillian Becker   September 2009