The Daily Beast: 4 Principles For a Libertarian National Security State – Part 4

4. Track the effectiveness.

 

Speaking of the TSA leads directly into a final way of minimizing the excesses and wastefulness of a national surveillance state. Every policy and every agency needs to be reviewed for effectiveness over time. On its 10-year anniversary, the TSA was the subject of a withering report by Reps. John Mica (R-Fla.) and Paul Broun (R-Ga.), who noted that $56 billion invested in making flying safer after 9/11 had not increased safety by any appreciable measure.

 

At the same, TSA personnel increased by 400 percent while passenger volume had increased by less than 12 percent. More recently, in July, the GAO released a report documenting a 27 percent increase in TSA-employee misconduct between 2010 and 2012.

 

A variety of books over the past few years—including Moises Naim’s new The End of Power and Matt Welch’s and my The Declaration of Independents (2011)—document the way in which power and authority is leaching out of traditional centralized authorities such as governments, corporations, and churches. This result is a change in the relationship between state and citizen, producer and consumer, priest and congregant. What was once a far more hierarchical, top-down, and force-fed relationship is much flatter and more voluntary. Companies must do more than ever to placate their workers and customers, and even the Catholic Church can no longer issue doctrine without regard for the reaction of believers.

 

Governments, of course, maintain more power but even they rest ultimately upon the consent of the governed. At least since the attacks of September 11, 2001, our own government has used real and imaginary threats to engage in behavior that is not just increasingly being revealed to the public (thank you, Edward Snowden and other whistleblowers) but being reviled as noxious, misguided, and offensive to basic civil liberties and freedom. It’s little wonder then, that the president’s and Congress’ approval ratings are so low. Would that they would recognize us as partners in the war on terror rather than as potential combatants. They might just make our world a bit safer and be able to get on with their jobs of actually governing.

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http://www.thedailybeast.com/articles/2013/09/14/four-principles-for-a-libertarian-national-security-state.html

The Daily Beast: 4 Principles For a Libertarian National Security State – Part 3

3. Target the bad guys.

 

Supporters of a massive, effectively unregulated surveillance state are constantly touting the benefits of dragnet-style reporting requirements and snooping. For instance, Sen. Dianne Feinstein (D-Calif.) and Rep. Mike Rogers (R-Mich.) have said repeatedly that NSA logging of phone call metadata and internet traffic were instrumental in the 2009 arrests of Najibullah Zazi, who plotted to blow up New York’s subway system, and David Headley, who traveled to Mumbai to scope the Taj Mahal hotel for an attack. Yet it turns out that neither case provides any evidence for the efficacy of widespread surveillance programs.

 

Indeed, they point to the effectiveness of old-fashioned intelligence and police work, where authorities keep tabs on people and groups with well-known reputations for violence and terrorism (Zazi was picked up based on tips from British agents; as a former Drug Enforcment Adminstration informant (!), Headley was well-known to investigators).

 

Surveillance-state supporters are constantly invoking the “needle-in-the-haystack” metaphor, the idea being that finding terrorists requires patient sifting through huge mounds of extraneous material. It’s odd then, isn’t it, that the basic urge is always to increase the size of the haystack rather than decrease it. Consider how The PATRIOT Act vastly increased the number of “currency transaction reports” (CTRs) that banks needed to file with the federal government in the name of outing terrorist money flows. Originally created to help snag drug kingpins, some 12 million CTRs were being filed annually before 9/11—a number that was already overwhelming any ability to use the information effectively. Creating a bigger haystack isn’t a smart way to find bad guys hidden within.

 

The same dynamic is at work in arguably the most-visible and least-popular excresence of the war on terror: the creation of the Transportation Security Administration (TSA) and the imposition of invasive and time-consuming procedures at the nation’s airports. The threat of hijacked planes being used as missiles was effectively ended on the morning of 9/11 itself, when passengers charged hijackers on United Flt 93 and drove the plane into a Pennsylvania field. The barricading of cockpit doors shortly after 9/11 ended the possibility of a repeat of 9/11. Yet we continue to fund a massively expensive system to search all people boarding airplanes in a long-running exercise in “security theater” that accomplishes nothing.

 

The Daily Beast: 4 Principles For a Libertarian National Security State – Part 2

2. Legal authority is not optional.

Whether we’re discussing the use of drones, metadata dragnets, or anything else that seems creepy at first mention, the real anxiety stems from a lack of a clearly articulated and defensible legal framework. As disconcerting as it was to learn of a secret presidential kill list, it was far worse to realize that there was essentially no controlling legal authority which bound Barack Obama’s decisionmaking process. Similarly, recognizing that the NSA is not simply unwilling to follow the law but incapable of even understanding it is unacceptable.

No government—or branch of government—wants to have its decisions vetted by any sort of watchdog, but that’s the only way to minimize errors and build confidence that national security operations are not ultimately creating a government within a government. We have reached the point where the courts originally set up by 1978’s FISA (itself a product of an earlier era of massive violations of civil liberties), need a complete overhaul. If even sitting senators have trouble getting information about how and why the government is collecting information on citizens, something is wrong beyond repair.

The same is true for the foundational document in the War on Terror, which was passed by Congress on September 14, 2001 and grants vague and sweeping powers to the president of the United States. It reads, “The president is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.” A dozen years after the 9/11 attacks, any such declaration needs to be scrapped, rewritten, and voted on—in the cold light of day, not a hot flash of panic.

What was once a far more hierarchical, top-down, and force-fed relationship is much flatter and more voluntary.

 

The Daily Beast: 4 Principles For a Libertarian National Security State – Part 1

Like hits for Katy Perry, the scandals for the National Security Agency just keep coming. In the wake of revelations that the NSA has been tracking virtually every phone call ever made and sifting through Internet data like a crazed prospector panning for gold at Sutter’s Mill, there’s yet more disturbing news with every passing day.

The latest is that between 2006 and 2009, Politico reports, the NSA lied about its activities to the Foreign Intelligence Surveillance Court charged with authorizing its snooping. Worse still, this outcome is a toxic mix of spy-agency overreach and bureaucratic incompetence. “An internal inquiry into the misstatements also found that no one at the NSA understood how the entire call-tracking program worked,” says Politico, which quotes an unnamed source who explains, “There was nobody at NSA who really had a full idea of how the program was operating at the time.”

This is as outrageous as it is dispiriting (and predictable). But a dozen years after the 9/11 attacks ushered in the global war on terror, there’s no reason that we should have to live in fear of our government’s efforts to keep us safe and warm. Here are four basic principles that should inform what might be called a libertarian national security state. That is, one that helps to protects us without routinely transgressing constitutional guarantees to privacy, due process, freedom from illegal searches, and the right to be left alone.

1. Transparency uber alles.

One of the main reasons that Barack Obama’s approval ratings are in the crapper is because of his epic failure to live up to his promise to run what he guaranteed would be the most transparent administration EVAH. That’s especially true when it comes to national security issues. Even the most hardened anti-terror hawks have been shocked by revelations of widespread secret drone strikes, extra-judicial kill lists, a war on leakers and journalists, and ubiquitous snooping on Americans.

However disturbing it was to learn of massive surveillance of law-abiding citizens in violation of restrictions on the NSA, it was made even worse by blatant lies to the American public. When Director of National Intelligence James Clapper flat-out lied under oath to Sen. Ron Wyden (D-Ore.), there should have been immediate and visible consequences, both in terms of personnel and policy.

In an age of Wikileaks, Anonymous, Edward Snowden, and other ultimately unstoppable forces, transparency isn’t just a buzzword, like green energy or farm-fresh. It’s an eventuality and the first government that levels with its people about what it’s actually up to will be far stronger and resilient than one that is constantly hiding its activities. We’re grownups, for Christ’s sake, and if some sort of restriction on our freedoms or oversight on our activities is actually defensible and necessary for a legitimate security purpose, we’ll respond in a responsible way.

Every bullshit, after-the-fact rationalization drives a deeper wedge between citizens and government. White House press releases like the one issued on July 23 don’t help. “In light of the recent unauthorized disclosures,” it read, “the President has said that he welcomes a debate about how best to simultaneously safeguard both our national security and the privacy of our citizens.” In such moments, Barack Obama moves beyond cynicism into the realm of pure insult.

Reason.com: 5 Myths About Libertarians

The specter of libertarianism is haunting America. Advocates of sharply reducing the government’s size, scope and spending are raising big bucks from GOP donors, trying to steal the mantle of populism, being blamed for the demise of Detroit and even getting caught in the middle of a battle for the Republican Party. Yet libertarians are among the most misunderstood forces in today’s politics. Let’s clear up some of the biggest misconceptions.

1. Libertarians are a fringe band of “hippies of the right.”

In 1971, the controversial and influential author Ayn Rand denounced right-wing anarchists as “hippies of the right,” a charge still leveled against libertarians, who push for a minimal state and maximal individual freedom.

Libertarians are often dismissed as a mutant subspecies of conservatives: pot smokers who are soft on defense and support marriage equality. But depending on their views, libertarians often match up equally well with right- and left-wingers.

The earliest example of libertarian principles in partisan politics might have come in the late 19th and early 20th centuries,when Anti-Imperialist League Democrats rejected empire and war — and believed in free trade and racial equality at a time when none of that was popular. More recently, civil libertarians such as Sen. Ron Wyden (D-Ore.) supported Sen. Rand Paul (R-Ky.) in his filibuster on domestic drones and government surveillance.

Libertarians are found across the political spectrum and in both major parties. In September 2012, the Reason-Rupe Poll found that about one-quarter of Americans fall into the roughly libertarian category of wanting to reduce the government’s roles in economic and social affairs. That’s in the same ballpark as what other surveys have found and more than enough to swing an election.

2. Libertarians don’t care about minorities or the poor.

As the recent discovery of neo-Confederate writings by a former senior aide to Sen. Paul shows, there sometimes is a connection between libertarians and creepy, racist elements in American politics. And given the influence of Ayn Rand among many libertarians, it’s easy to think that they care only about themselves. “I will never live for the sake of another man,” runs a characteristic line from Rand’s 1957 novel, Atlas Shrugged.

But at least two of the libertarian movement’s signature causes, school choice and drug legalization, are aimed at creating a better life for poor people, who disproportionately are also minorities. The primary goal of school choice — a movement essentially born out of a 1955 essay about vouchers by libertarian and Nobel Prize-winning economist Milton Friedman — is to give lower-income Americans better educational options. Friedman also persuasively argued that the drug war concentrates violence and law enforcement abuses in poor neighborhoods.

Libertarians believe that economic deregulation helps the poor because it ultimately reduces costs and barriers to start new businesses. The leading libertarian public-interest law firm, the Institute for Justice, which has argued Supreme Court cases for free speech and against eminent-domain abuse, got its start defending African American hair-braiders in Washington from licensing laws that shut down home businesses.

3. Libertarianism is a boys’ club.

While the stereotype of a libertarian as a male engineer sporting a plastic pocket protector and a slide rule once had more truth to it than most libertarians would care to admit, the movement is in many ways the creation of three female intellectuals.

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http://reason.com/archives/2013/08/10/5-myths-about-libertarians

Washington Post: Libertarian Democrats: A movement in search of a leader

Lost amid all the hubbub about Rand Paul and Chris Christie’s war of words over NSA security programs and the rising strain of Republican libertarianism is this:

A similar divide is alive and well in the Democratic Party — arguably just as much in the GOP (if not more).

Several Democrats from this movement will meet at the White House this afternoon to discuss their concerns with President Obama and Republicans.

For evidence of the widespread uneasiness on the left, one need look no further than the vote in the House last week to defund the NSA’s phone record collection program. While much was made of the fact that nearly half of Republicans voted for the measure, it’s just as notable that 111 of 194 Democrats did the same.

In other words, well more than half the House Democratic conference voted to defund a surveillance program overseen by a president of their own party. That’s a pretty stunning fact that has gotten lost in the current debate.

So why hasn’t this issue played out on the Democratic side like it has on the Republican side (i.e. in full view)?

Put plainly: It’s a movement in search of a leader. There isn’t one big nationally known player on the left that is pushing this issue in a way that Paul is on the right.

For now, the de facto leaders of the left’s effort to rein in the Obama Administration’s surveillance programs are Sen. Ron Wyden (D-Ore.) and, arguably, the journalist who has been working with Edward Snowden to reveal the programs, Glenn Greenwald. While these two have been pushing the issue hard, they aren’t exactly political figures with huge built-in constituencies.

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http://www.washingtonpost.com/blogs/the-fix/wp/2013/08/01/libertarian-democrats-a-movement-in-search-of-a-leader/

The Daily Beast: Paul Krugman’s Nasty and Inane Attack on ‘Libertarian Populism’

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It’s got to be a pretty good gig to be Paul Krugman. He’s rich enough to bitch to The New Yorker about not being able to afford a home in St. John so, sigh, St. Croix has to do. He’s got tenure at the second-best college in New Jersey, an equally secure gig at the second-best newspaper in New York, and he’s even copped a Nobel Prize (economics, but still). He’s asked for his opinion on pop bands in a way that I’m pretty sure Milton Friedman or John Kenneth Galbraith never experienced (thank god for small favors). “The New Pornographers are probably technically better than Arcade Fire,” he’s solemnly sworn to Playboy. “But what the hell? It’s all good.”

The man also known as Krugtron the Invincible is able to utter such fallacious conventional deep thoughts as “the Great Depression ended largely thanks to a guy named Adolf Hitler” and that the 9/11 attacks were just the ticket to goose the soft early-’00s economy in lower Manhattan (“All of a sudden, we need some new office buildings,” he actually wrote in the Times on September 14, 2001) and still be taken seriously. He’s repeatedly called for a a bogus alien invasion that occasions even more super-stimulative spending than we’ve seen already in this awful 21st century—an idea presumably lifted, unacknowledged, from the Watchmen comic books.

 

Best of all, Krugman has attained that rare level of eminence where he doesn’t even have to engage the very opponents he dismisses as beneath contempt. Like Kurtz in Heart of Darkness and Apocalypse Now, he just needs to wave his hand, mumble vague abjurations, and rest assured his devoted minions will finish his work for him.

 

Krugman’s latest target is “libertarian populism,” which he summarizes thus: “The idea here is that there exists a pool of disaffected working-class white voters who failed to turn out last year but can be mobilized again with the right kind of conservative economic program—and that this remobilization can restore the Republican Party’s electoral fortunes.”

 

This ain’t gonna happen, chuffs Krugman, because … because … because … Rep. Paul Ryan (R-Wis.)! Despite the fact that the former Republican vice-presidential nominee and marathon-time amnesiac is nobody’s idea of a libertarian or a populist, Krugman insists that libertarian populism is doomed precisely because  to “the extent that there was any substance to the Ryan [budget] plan, it mainly involved savage cuts in aid to the poor. And while many nonwhite Americans depend on these safety-net programs, so do many less-well-off whites—the very voters libertarian populism is supposed to reach.”

 

Had Colonel Krugman ventured outside his ideological compound, he might have happened upon the writings of Tim Carney of The Washington Examiner. To the extent that libertarian populism has a policy agenda, it’s mostly thanks to Carney, who likes to write books attacking right- and left-wing crony capitalists. He’s libertarian in that he consistently believes that freer markets function more fairly and more efficiently, and he generally thinks people should be left alone when it comes to economic and personal freedom (he’s not an absolutist on most things). He’s populist in that he is basically obsessed with what he sees as concentrations of power and wealth among elites who rig markets, status, and more against the little guy.

 

Unsurprisingly, Carney’s libertarian-populist policy agenda has precious little to do with starving poor people to death or stoking white working-class resentment against dusky hordes (Carney is pro-immigration). Unless by dusky hordes, you mean Wall Street banksters and well-tanned pols such as Speaker John Boehner.

 

For better or for worse, it’s filled with prescriptions such as “cut or eliminate the payroll tax” (that’s the one that hurts low-wage earners the most); “break up the big banks and/or place stricter safety and soundness rules on them” (hmm, how does that help the Rothschilds again?); and “end corporate welfare” (Carney specifically name-checks the awful Export-Import Bank and subsidies to Big Sugar, which both receive bipartisan congressional support).

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http://www.thedailybeast.com/articles/2013/07/19/paul-krugman-s-nasty-and-inane-attack-on-libertarian-populism.html

Roll Call: GOP Leaders Face Libertarian Revolt Over NSA, Egypt, Syria

House GOP leaders are scrambling to quell a quiet libertarian rebellion that threatens to block consideration of the Defense appropriations bill.

A small group of Republicans are holding the spending bill hostage until they get votes on several controversial amendments.

“We’ve conveyed to the whip team that we won’t vote for the rule if they don’t allow debate and votes,” Thomas Massie, R-Ky., said Friday. “We don’t need all the amendments to be allowed. We need at least one substantial amendment on three things: Egypt, Syria and NSA.”

Massie has two amendments before the Rules Committee: one that would defund military operations in Syria and one that would defund military operations in Egypt. Another leader in the Republican rebellion, Justin Amash of Michigan, has an amendment that would end funds for the National Security Agency’s blanket collection of telephone call records in the wake of Edward Snowden’s leaking of the program.

Rules Committee member Rich Nugent, R-Fla., has a similar NSA amendment, but the libertarian lawmakers say it insufficiently addresses the issue.

GOP leaders have been coming off a string of impressive victories lately — from passing the farm bill without a single Democratic vote to navigating a No Child Left Behind rewrite. But the Rules Committee postponed their meeting Thursday on the Defense appropriations bill, and leaders are still figuring out if they have the votes to squash the Republican revolt.

Majority Whip Kevin McCarthy, R-Calif., has pleaded with lawmakers in the group to not shoot down the rule and, consequently, shoot Republicans in the foot.

According to an aide to one lawmaker in the group threatening to vote down the rule, leadership has used “every tool in the toolbox” to block the amendments. The aide said they have faced a number of procedural roadblocks, from leadership saying their amendments legislate on an appropriations bill to having their amendments submitted to the Congressional Budget Office for a score. The aide said it has been a “concerted effort.”

But the lawmakers have cleared the hurdles, they say, and they want votes. They are drafting a letter calling for the opportunity to vote on their amendments, and they are seeking signatories.

On Friday, Jim McGovern, D-Mass., who will be controlling the Defense appropriations rule on the floor for the Democrats, said the Republican Conference is “just chaos.”

“They can’t seem to get their act together. So they got a problem,” McGovern said. “The Republican leadership long ago lost the ability to lead.”

McGovern, who is also a Rules panel member, said Democrats were initially told the Rules Committee was delaying its Thursday meeting on the Defense appropriations bill “out of deference to us” so Democrats could vote in the ranking member of the Natural Resources election, even though no Democrat asked the committee to delay the hearing.

“And then they delayed for another hour, and then they delayed it indefinitely and never told us why,” McGovern said. “We all know why: It’s because of these NSA votes.”

The Rules Committee plans to mark up the rule for the Defense appropriations bill at 5 p.m. on July 22, and Majority Leader Eric Cantor, R-Va., said Friday that the House will consider the DOD appropriations bill next week.

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http://blogs.rollcall.com/goppers/gop-leaders-face-libertarian-rebellion/

Lew Rockwell: Another Nail in the Neocon Coffin

The recent opening of the Ron Paul Institute for Peace and Prosperity was a watershed moment in American history. There has never been anything quite like it. Ideologically diverse, the Ron Paul Institute reaches out to all Americans, and indeed to people all over the world, who find the spectrum of foreign-policy opinion in the United States to be unreasonably narrow. Until Ron Paul and his new institute, there was no resolutely anti-interventionist foreign-policy organization to be found.

Neoconservatives have not responded warmly to the announcement of Ron’s new institute. Whatever their particular gripes, we can be absolutely certain of the real reason for their unhappiness: they have never faced systematic, organized opposition before.

The Democrats would see the earth tumble into the sun before supporting nonintervention abroad, so they pose no fundamental problem for the neocons. Ron Paul, on the other hand, is real opposition, and he can mobilize an army. The neocons know it. What’s Tim Pawlenty up to these days? Where are his legions of well-read young fans who seek to carry on his philosophy? You see the point.

For the first time, strict nonintervention will have a permanent voice in American life. It is another nail in the neocon coffin. The neocons know they are losing the young. Bright kids who believe in freedom aren’t rallying to Mitt Romney or David Horowitz, and, like anyone with a critical mind and a moral compass, they are not going along with the regime’s war propaganda.

At this historic moment, I thought it might be appropriate to set down some thoughts on war – a manifesto for peace, as it were.

(1) Our rulers are not a law unto themselves.

Our warmakers believe they are exempt from normal moral rules. Because they are at war, they get to suspend all decency, all the norms that govern the conduct and interaction of human beings in all other circumstances. The anodyne term “collateral damage,” along with perfunctory and meaningless words of regret, are employed when innocent civilians, including children, are maimed and butchered. A private individual behaving this way would be called a sociopath. Give him a fancy title and a nice suit, and he becomes a statesman.

Let us pursue the subversive mission of applying the same moral rules against theft, kidnapping, and murder to our rulers that we apply to everyone else.

(2) Humanize the demonized.

We must encourage all efforts to humanize the populations of countries in the crosshairs of the warmakers. The general public is whipped into a war frenzy without knowing the first thing – or hearing only propaganda – about the people who will die in that war. The establishment’s media won’t tell their story, so it is up to us to use all the resources we as individuals have, especially online, to communicate the most subversive truth of all: that the people on the other side are human beings, too. This will make it marginally more difficult for the warmakers to carry out their Two Minutes’ Hate, and can have the effect of persuading Americans with normal human sympathies to distrust the propaganda that surrounds them.

(3) If we oppose aggression, let us oppose all aggression.

If we believe in the cause of peace, putting a halt to aggressive violence between nations is not enough. We should not want to bring about peace overseas in order that our rulers may turn their guns on peaceful individuals at home. Away with all forms of aggression against peaceful people.

(4) Never use “we” when speaking of the government.

The people and the warmakers are two distinct groups. We must never say “we” when discussing the US government’s foreign policy. For one thing, the warmakers do not care about the opinions of the majority of Americans. It is silly and embarrassing for Americans to speak of “we” when discussing their government’s foreign policy, as if their input were necessary to or desired by those who make war.

But it is also wrong, not to mention mischievous. When people identify themselves so closely with their government, they perceive attacks on their government’s foreign policy as attacks on themselves. It then becomes all the more difficult to reason with them – why, you’re insulting my foreign policy!

Likewise, the use of “we” feeds into war fever. “We” have to get “them.” People root for their governments as they would for a football team. And since we know ourselves to be decent and good, “they” can only be monstrous and evil, and deserving of whatever righteous justice “we” dispense to them.

The antiwar left falls into this error just as often. They appeal to Americans with a catalogue of horrific crimes “we” have committed. But we haven’t committed those crimes. The same sociopaths who victimize Americans themselves every day, and over whom we have no real control, committed those crimes.

(4) War is not “good for the economy.”

A commitment to peace is a wonderful thing and worthy of praise, but it needs to be coupled with an understanding of economics. A well-known US senator recently deplored cuts in military spending because “when you cut military spending you lose jobs.” There is no economic silver lining to war or to preparation for war.

Those who would tell us that war brings prosperity are grossly mistaken, even in the celebrated case of World War II. The particular stimulus that war gives to certain sectors of the economy comes at the expense of civilian needs, and directs resources away from the improvement of the common man’s standard of living.

Ludwig von Mises, the great free-market economist, wrote, that “war prosperity is like the prosperity that an earthquake or a plague brings. The earthquake means good business for construction workers, and cholera improves the business of physicians, pharmacists, and undertakers; but no one has for that reason yet sought to celebrate earthquakes and cholera as stimulators of the productive forces in the general interest.”

Elsewhere, Mises described the essence of so-called war prosperity: it “enriches some by what it takes from others. It is not rising wealth but a shifting of wealth and income.”

(5) Support the free market? Then oppose war.

Ron Paul has restored the proper association of capitalism with peace and nonintervention. Leninists and other leftists, burdened by a false understanding of economics and the market system, used to claim that capitalism needed war, that alleged “overproduction” of goods forced market societies to go abroad – and often to war – in search for external markets for their excess goods.

This was always economic nonsense. It was political nonsense, too: the free market needs no parasitical institution to grease the skids for international commerce, and the same philosophy that urges nonaggression among individual human beings compels nonaggression between geographical areas.

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http://www.24hgold.com/english/news-gold-silver-another-nail-in-the-neocon-coffin.aspx?article=4355092296G10020&redirect=false&contributor=Lew+Rockwell