Herbert Hoover, 1929, Anti-dog-eat-dog

Republican Prohibitionist fanatics

Hitler’s Anti-dog-eat-dog helper (link) shakes with Brezhnev’s ally in violating the Second Amendment (link)

Hoover speech to Chamber of Commerce conference, 12/5/1929: Much construction work had been postponed during the past few months by reason of the shortage of mortgage money due to the diversion of capital for speculative purposes.
 The third line of action has been to undertake through voluntary organization of industry the continuity and expansion of the construction and maintenance work of the country, so as to take up any slack in employment which arises in other directions. (…) This is a far cry from the arbitrary and dog-eat-dog attitude of the business world of some 30 or 40 years ago.  (Hoover 1929 1974 454-5) (link)

Translation: making beer a 5-year prison term felony with a fine of over half a million 2019 dollars just before my inauguration backfired. Asset-forfeiture of everything from ocean liners to homes, automobiles and bank & brokerage accounts caused money to flee the banking system after former prosecutor Willebrandt blew the whistle on how we do it in 21 newspapers in August. We now imitate German and Italian fascism make-work projects to disguise the damage caused by using revenue laws to enforce religious prohibition. Religious fascism is not a bit like the laissez-faire liberalism that kept America wealthy and free back when beer and coca wine were as legal as sea salt.

This speech was made the year Ayn Rand married Frank O’Connor. Here is the relevant page from the Presidential Papers of Herbert Hoover:

Brot un Arbeit! Gott Mitt Uns!

Asset-forfeiture prohibitionism chased money from banks, so no mortgages, no jobs, no individualism, no laissez-faire, no freedom!

Hoover (prohibition): “This is not dictation or interference by the government with business.”

Nixon (war on drugs): “I am not a crook!”

Ayn Rand (Atlas Shrugged): “Congress shall make no law abridging the freedom of production and trade …”

Get the complete story in Prohibition and The Crash on Amazon Kindle in either of two languages. After this you’ll be able to explain to economists exactly how pseudoscience, fanaticism and loss of freedom wrecked the U.S. economy.

ProhicrashAmazon

I also produce books and articles in Portuguese, using Brazilian historical sources at http://www.expatriotas.blogspot.com or amigra.us

All persons born…

See many men among these voters?

Individuals who Voted to Enforce their Rights–and WON! Irish women won individual rights (link)

Does the Constitution allow men with guns to threaten physicians or coerce pregnant women? The Harrison Act enabled pseudoscience-addled politicians to have men with service pistols step between doctors and patients in 1914. See why missing an opportunity to vote Libertarian is tantamount to desertion under fire as mystical and collectivist reality control delegitimize individual claims to freedom of action.

Today’s guest repost is by Austin’s Constitutional Scholar Jon Roland, constitutionalism.blogspot.com.

U.S. Supreme Court: Issues with current contenders

Unenumerated rights

The first issue is presented by the statement by nominee appointee Brett  Cavanaugh in his acceptance speech, that he would not find rights not explicitly recognized in the main Constitution.. This has been an issue since the nomination of Robert Bork, who considered the Ninth Amendment, which calls for the nondisparagement of rights that are not “enumerated” (made explicit) somewhere in the Constitution, as amended, to be an “ink blot”. There is strong opposition to Supreme Court judges doing that, especially from so-called “conservatives”, who don’t understand that constitutional rights are all “immunities”, restrictions on the powers of government. They are not “privileges” to receive a sufficient amount of public resources, such as for education, healthcare, elder support, or any other objects of public subsidies.

Interestingly, in the case of Roe v. Wade, the Fifth Circuit decided that a “right to an abortion” was a Ninth Amendment right of a woman  “to choose whether to have children”, which by the 14th Amendment, was “incorporated” for the states. This presented the Supreme Court with an apparent problem,  because there was opposition to funding unenumerated rights in the Senate. The Fifth Circuit found a Ninth Amendment “right  to choose whether to have children”. So the SC tried to sustain the Fifth Circuit without embracing the Ninth Amendment. The result was an incoherent opinion. There was no way to avoid the Ninth Amendment.

It would perhaps too much to expect a nominee to venture into an extended discussion of what a “right” is, and what it is not. It is awkward to say “I will not find a ‘right’ to a sufficient amount of a public resource.” That is too complicated for most senators. So the candidate denies he will try to find any “unenumerated” rights. That is somewhat disingenuous, but the issue needs to be discussed.

1968, NO LIBERTARIAN PARTY!

Republicans, Dixiecrats, No Libertarian Party!

When “life” begins

One of the potential nominees, Amy Barrett, has been reported to have stated that human “life” begins at conception. That is a misstatement of the issue in Roe v. Wade. which in its essence was not about “life” nut about “personhood” because “Rights (immunities)” attach to “persons”, (roles in court), not to “life”, despite what the Declaration of Independence says. (That is why some activists have sought to move the commencement of “personhood” back to conception. That would be a mistake. We cannot allow each state to redefine “personhood”, because if we did, a state could define some people to be nonpersons, without rights. So there has to be a uniform definition across all states if the protections of the Constitution are not to be meaningless. That is the basis for finding the right to be incorporated under the Ninth Amendment, as the Fifth Circuit did.

So when does “life” begin?

Not at conception. Each individual is the latest in an unbroken chain of life that goes back to at least the point when the first single-celled organism became a multi-celled animal, which occurred about 650 million years ago, during the pre-Cambrian era, when the surface of the Earth was covered with ice (“snowball Earth”) and there was only one continent, Rodinia. We are all descended from that multi-celled organism. That is when “life” began.

So when does “personhood” begin?

This was declared by the jurist Edward Coke in the 15th century, and later restated by legal scholar William Blackstone, in the early 18th century, who provided most of the definitions for terms used in the U.S. Constitution. They held that “personhood” begins at natural birth, or induced natural birth (they had Cesarean sections in those days). Some of the states later found that personhood began with baptism, entry of a name in church records, or even later. Not at “conception”, the date of which could not have been defined with any precision in those days, or even now.

Consider what would happen if we defined “personhood” to begin at conception? It would make every fetus the ward of a court, with the court having power to supervise the pregnancy. It could order the woman to continue a pregnancy, and not terminate it, under penalty of law. That would be forced pregnancy. Do we want that? Every pregnant woman chained to a bed. Anyone see the play “A Handmaid’s Tale”. Good way to stop everyone from having sex.

Forcing women into involuntary servitude and labor

Sinfest.net webcomic 2 awe

Need for uniformity

Incorporation of a Ninth Amendment right is required by the need to have a uniform definition of “personhood” (legal role) across all jurisdiction, since constitutional rights attach to “persons” and not just to “citizens” or “life”.  If states could define personhood, they could deprive anyone of rights by defining him to be a “nonperson”. Thus a state could find that Blacks are not persons as a way to deprive them of their liberty.

Notes:

1. Roe v. Wade, 1221 (N.D. Tex. 1970) (“On the merits, plaintiffs argue as their principal contention that the Texas Abortion Laws must be declared unconstitutional because they deprive single women and married couple of their rights secured by the Ninth Amendment to choose whether to have children. We agree.”).

2. Roe v. Wade, 410 U.S. 113 (1973).

3, A Handmaid’s Tale, Margaret Atwood.

4. Robert Bork and the Inkblot, Kurt Lash.

5. Constitutional views on abortion

See also: Ayn Rand (link)

Get the complete story on other prohibitions in Prohibition and The Crash on Amazon Kindle in either if two languages for the price of a craft pint. After this you’ll be able to explain to economists exactly how fanaticism and loss of freedom wrecked the U.S. economy in 1929 and 2008.

ProhicrashAmazon

Prohibition and The Crash, on Amazon Kindle

I also produce books and articles in Portuguese, using Brazilian historical sources at http://www.expatriotas.blogspot.com or amigra.us

 

1929 State of the Union Message

Dry Killer Herbert Hoover

Branding folks felons for beer since March 1929

On December 3, God’s Own Prohibitionist, Republican President Herbert Clark Hoover delivered his State of the Union Address to Congress December 3, 1929. Here are the highlights:

…Owing to unusual circumstances, it has been extremely difficult to estimate future revenues with accuracy. (…) I recommend that the normal income tax rates applicable to the incomes of individuals for the calendar year 1929 be reduced from 5, 3 and 1½ per cent to 4, 2 and ½ per cent, and that the tax on the income of corporations for the calendar year 1929 be reduced from 12 to 11 per cent. It is estimated that this will result in a reduction of $160,000,000 in income taxes to be collected during the calendar year 1930. (p409) (…) The long upward trend of fundamental progress, however, gave rise to over-optimism as to profits, which translated itself into a wave of uncontrolled speculation in securities, resulting in the diversion of capital from business to the stock market and the inevitable crash. (p411) (…)

AGRICULTURE: The agricultural situation is improving. The gross farm income as estimated by the Department of Agriculture for the crop season 1926-27 was $12,100,000,000; for 1927-28 it was $12,300,000,000; for 1928-29 it was $12,500,000,000; and estimated on the basis of prices since the last harvest the value of the 1929-30 crop would be over $12,650,000,000. The slight decline in general commodity prices during the past few years naturally assists the farmers’ buying power. The number of farmer bankruptcies is very materially decreased below previous years. The decline in land values now seems to be arrested and rate of movement from the farm to the city has been reduced. Not all sections of agriculture, of course, have fared equally, and some areas have suffered from drought. (p413) (…)

TARIFFS: I am firmly of the opinion that their application to the pending [tariff] revision will give the country the kind of a tariff law it both needs and wants. (p415) (…)

THE BANKING SYSTEM: The development of “group” and “chain” banking presents many new problems. (…) The relinquishment of charters of national banks in great commercial centers in favor of State charters indicates that some conditions surround our national banks which render them unable to compete with State banks; and their withdrawal results in weakening our national banking system. (p423) (…)

FEDERAL PRISONS: In order to relieve the pressing evils I have directed the temporary transfer of the Army Disciplinary Barracks at Leavenworth to the Department of Justice for use as a Federal prison. (…) We need some new Federal prisons and a reorganization of our probation and parole systems; and there should be established in the Department of Justice a Bureau of Prisons with a sufficient force to deal adequately with the growing activities of our prison institutions. Authorizations for the improvements should be given speedily, with initial appropriations to allow for the construction of the new institutions to be undertaken at once. (p429) (…)

PROHIBITION: The first duty of the President under his oath of office is to secure the enforcement of the laws. The enforcement of the laws enacted to give effect to the eighteenth amendment is far from satisfactory and this is in part due to the inadequate organization of the administrative agencies of the Federal Government. (…) First, there should be an immediate concentration of responsibility and strengthening of enforcement agencies of the Federal Government by transfer to the Department of Justice of the Federal functions of detection and to a considerable degree of prosecution, which are now lodged in the Prohibition Bureau in the Treasury. (…) The District of Columbia should be the model of city law enforcement in the Nation. …there is need for legislation in the District supplementing the national prohibition act, more sharply defining and enlarging the powers of the District Commissioners and police of the District and opening the way for better cooperation in the enforcement of prohibition between the District officials and the prohibition officers of the Federal Government. It is urgent that these conditions be remedied. (p432)

LAW ENFORCEMENT: (p435) … We need to reestablish faith that the highest interests of our country are served by insistence upon the swift and even-handed administration of justice to all offenders, whether they be rich or poor. (…) I have appointed a National Commission… for an exhaustive study… including the special problems and abuses growing out of our prohibition laws. (…) the Department of Justice has been striving to weed out inefficiency… to stimulate activity on the part of its prosecuting officers… The department is seeking systematically to strengthen the law enforcement agencies… by removal of negligent officials and by encouragement and assistance to the vigilant. (…) Increases in appropriations are needed and will be asked for in order to reinforce these offices. …if the citizen… shall insist on selecting the particular laws which he will obey, he undermines his own safety and that of his country. His attitude may obscure, but it cannot conceal, the ugly truth that the lawbreaker, whoever he may be, is the enemy of society. We can no longer gloss over the unpleasant reality which should be made vital in the consciousness of every citizen, that he who condones or traffics with crime, who is indifferent to it and to the punishment of the criminal or to the lax performance of official duty, is himself the most effective agency for the breakdown of society. Our laws are made by the people themselves; theirs is the right to work for their repeal; but until repeal, it is an equal duty to observe them and demand their enforcement.

I have been gratified at the awakening sense of this responsibility in our citizens during the past few months, and grateful that many instances have occurred which refuted the cynicism which has asserted that our system could not convict those who had defied the law and possessed the means to resist its execution. These things reveal a moral awakening both in people and in officials which lies at the very foundation of the rule of law. (Hoover 1929 1974 404-436) (link)

Money was fleeing Federally chartered banks in order to not be confiscated via asset forfeiture should some officious dry killers storm the bank. Observe also that we now call the Laffer Curve was totally operative during the Coolidge and Hoover Administrations, when every cut in federal tax rates brought increased federal revenue and, in Hoover’s words, “fertilizes the soil of prosperity.” This optimistic sermon came after the Crash, with a Crash still wrecking the German economy, and banking panics already afoot in these States, thanks to use of the income tax as a club to enforce prohibition. Herbert Hoover was already proving that he himself, while enforcing prohibition, was “the most effective agency for the breakdown of society.”

Get the complete story in Prohibition and The Crash on Amazon Kindle in two languages. After this you’ll be able to explain to economists exactly how pseudoscience, fanaticism and loss of freedom wrecked the U.S. economy.

ProhicrashAmazon

I also produce books and articles in Portuguese, using Brazilian historical sources at http://www.expatriotas.blogspot.com or amigra.us