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Liberty's Domestic Battlefields
by Ken Martin 12.26.01

The war on terrorism now has its battlefields of note. Konduz,
Kandahar, Mazar I Sharif, and Tora Bora will find their way into the
history books when the accounts of this war are written.

Our war for liberty, which must be re-fought in every generation,
also has its battlefields. The shape of the struggle shifts from
generation to generation, even year to year. In the moment in which
we are privileged to live, there are three key fights that must be
won if we are to preserve the liberty our grandparents bequeathed to
us.

In our generation the issue is sovereignty, of a sort. Sovereignty is
the determination of who rules. A country is sovereign when it rules
itself. But the sovereignty of a nation is not an end in itself; it
exists for a purpose. Sovereignty matters only in that it makes
possible the real goal of a free, self-governing citizenry.

The US is unique, in that beyond the sovereignty of the country itself, it recognizes 
that ultimate sovereignty belongs to the citizen. This sovereignty, like the 
sovereignty of nations, must be defended and re-won in eve
ry generation.

We are not insane, most of us, and we understand that sovereignty is not unlimited; it 
is limited by the presence of other citizens who likewise are sovereign, just as the 
sovereignty of nations is limited by the presence
 of other nations who likewise are self governing and who likewise pursue their own 
interests. But the issue of the sovereign citizen is a fundamental one. It means that 
each citizen has the right and responsibility to ru
le himself. It means that power resides in the people, and that the people loan that 
power to the government, and not the other way around.

Three of our key battlefields are these:

1. The 10th Amendment
2. Public and private education
3. Immigration

10th Amendment

People are by their very nature dynamic beings, born to build and to create, and to 
pursue their own creative projects. It is the purpose of government to protect the 
rights of individuals to pursue their private ends, an
d to referee the conflicts that inevitably occur as free people go about their 
business.

Government does not exist for its own sake. Nevertheless, it is the nature of people, 
perhaps especially people with a talent for governance, to try to enhance their role. 
Whether by enthusiasm for their charge, or by sel
f-interest, it is natural for people in positions of authority to try to increase that 
authority. The US Constitution is remarkable in that has built in several "firewalls" 
to prevent any branch of authority from gaining
a permanent upper hand. One is the famous separation of powers, the "executive" versus 
"legislative" versus "judicial". Much of US political history has as its backdrop the 
natural rough-and-tumble among those three branc
hes of government.

Another firewall is the famous and forgotten 10th Amendment, which states that any 
power not specifically granted the federal branch by the constitution, belongs by 
default to the States. This established another division
 of power. The authority of individual state governments would act to limit the 
ability of Washington to impose itself on the citizen. Conversely, Washington, through 
its responsibility to enforce the Constitution, would
protect that same citizen from any usurpation of power by state or local government.

But over the years the 10th Amendment withered from benign and malign neglect, and 
this once powerful bulwark against centralized power has become not much more than a 
street-curb.

Real freedom requires the revival and re-invigoration of the 10th amendment. In a 
society that is truly free, there is no reason that laws and institutions must be 
identical from one place to the next. Reason and shared e
xperience will lead toward a similarity in legal matters, but nothing requires a 
Washington-driven uniformity. Indeed, one of the utilitarian values of de-centralized 
power is that you have 50 experiments in democracy goi
ng on side by side, and the competition and debate and experience that comes from that 
create a depth of understanding among citizens that can never come from centralized, 
elite rule.

Obviously state and local governments are as capable of corruption and misrule as the 
Federals. The role of the federal government in enforcing the Constitution at the 
local level cannot be underestimated. The local sheri
ff, or the local city council with its back office wheeling and dealing, can certainly 
be as scary and corrupt as can any out-of-control FBI agent.

But if people are truly free, then their laws and institutions will vary widely from 
one place to another, especially in the short term. Time, experience, the exchange of 
ideas, the normal migration of citizens within the
 country, will lead to a general uniformity, or commonality, across the country. But 
this would be a commonality that is natural and organic, not imposed top down.

In recent years we have seen federal Forestry and Wildlife officers, and a whole host 
of other federal agents attempting to exercise authority over private citizens in ways 
that are unprecedented, trying to force out land
owners in areas they want to acquire, in arresting farmers for plowing their fields 
without federal permission, in arresting people for using roads to get into their 
property (roads that predate the existence of the Agenc
y making the arrest), or suddenly denying water to farmers. In one case, having ended 
the right of landowners in a community, coveted by the feds, to drive into their 
homes, they then terminated the "concession" to do bus
iness to the owner of the mule train that was the only alternative means of bringing 
in groceries. In the face of these and other assaults on liberty by the bureaucracies 
that control so many areas of our lives, our best
hope is an aggressive defense of the 10th Amendment.

Clearly, a state agency could have the same tendency toward high-handedness, 
especially in states where respect for individual liberty is weak (and we can all name 
several off the tops of our heads). And a case could be m
ade for the complete abolition of some of the offending agencies. But, barring the 
latter more radical, more satisfying solution, the battle must be fought to place 
these agencies, and their employees, and the lands they
control, under the control of the state capitals where they operate and under the 
control of the citizens they serve.

Education

Perhaps the most important battle facing us is the reform of the education system in 
the US. The education of our kids, the preparation of the next generation to take the 
lead in American life cannot be entrusted to peopl
e who themselves do not grasp the fundamentals of liberty.

Liberty did not develop in a vacuum, but required certain historical steps and 
philosophical underpinnings to develop. The understanding of these fundamentals is 
absolutely essential if liberty is not to be frittered away
. It is clear, though, that this understanding is no longer widespread. Even well 
educated people, or perhaps it should be said that "especially" well- educated people 
seem increasingly illiterate in terms of the philosop
hical basis for liberty.

There are other, academic concerns. To thrive in a competitive, technological world, 
it is absolutely necessary that kids be given the mental tools. Much of the fear of 
the outside, "global" world comes from a lack of con
fidence in our ability to compete in that world, which is humorous in light of the 
fact that the rest of the world likewise fears us for the same reason. One of the 
primary tools for thriving in this world is a more rigor
ous education. Really, the key to beating poverty is not more social workers, but 
tougher math and science requirements in school.

But while we prepare kids to work and to build and to create, we also prepare 
citizens. We don't believe in rule by a specially qualified elite, which means that 
average citizens must be individually educated and prepared
 for self-rule.

It is absolutely necessary that citizens retake control of the schools. In a not very 
distant past, schools were completely a local responsibility, there being no higher 
authority than the local school board. But those da
ys are gone. Now power lies with the State, the Federal Government, and the teacher's 
unions, with the parents and local citizens forgotten and laughed at.

Regaining control can be done in two ways. The "voucher" wars are having their 
effects, but they need to be actually implemented to give people control over their 
own tax dollars and their own children. It is absolutely n
ecessary that government schools become citizen- controlled public schools again. This 
is not going to happen until parents have financial control over their own tax 
dollars. I am aware of all of the concerns about vouche
rs, and would probably not support them were there another way to regain parental 
control of the public schools. But I see none.

Secondly, local churches and synagogues need to begin to see education as the highest 
priority, absolutely necessary to our moral development. If your concern is for the 
health of the soul, why would you turn the molding
of young souls over to people who hold you in contempt? At this stage in our history, 
there can be no higher priority for communities of conscience than the education of 
their children. Church schools, parochial schools,
have always been superior to public schools in terms of the quality of education. It 
is not necessary for church-affiliated schools to be narrow or sectarian in their 
curriculum, in fact it is probable that most will be l
ess narrow, more rigorous, and more effective than the average government school.

But then, that is a pretty low standard to beat.

Immigration

We are a nation of immigrants. Most of us are the grandchildren of immigrants; some of 
those reading these words are yourselves recent arrivals. We have been fortunate that 
talented, daring, hardworking people from around
 the world have found their way here and continue to find their way here every day.

But it must be clear to most of us that something has gone very wrong at the INS and 
in the administration of immigration policy. We have the word of the INS agents 
themselves, who claim that their work was politicized du
ring the last decade, as they were under tremendous pressure to naturalize millions of 
new immigrants without the slightest effort at determining their fitness.

Anyone who has stopped by a convenience store or stayed in a motel lately can attest 
that immigration policy has changed radically over the last decade.

This is not an attack on the individuals who have come. We, or our parents or 
grandparents, all got here the same way. If you are here to build a better life for 
you and yours, welcome to the family.

Again, this is a question of an agency that has forgotten who it serves. Immigration 
policy must serve the citizens, first and foremost.

Immigrants must be granted admittance in numbers that can be assimilated into the 
community at large. And this clear and rational concept has been thrown over the side 
in the last decade. It is not necessary to try to div
ine any deep conspiracies that have led to the recent opening of the floodgates. And 
it is fatal to let this discussion be hijacked by the racialists on the left or the 
right.

It is, though, necessary that immigration reflect the rational needs of the citizens. 
The admittance of close family members, of people with special skills, and of people 
who share our values who are in imminent danger, I
 at least consider reasonable. Preference to countries that neighbor ours is 
reasonable. The purposeful admittance of large numbers in order to hold down labor 
costs, or to change political demographics in either one way
or another, does not serve the citizens.

Or if it does, then make the case. Present the argument. Make the policy in the light 
of day, in the full view of the citizens who will be affected by the policy. But there 
has been no national debate or discussion, the p
olicy has been carried out behind the backs of the citizens.

Americans love their country, and Americans love people who love America, including or 
even especially people who have come a long way to be here. But it does damage for 
unelected bureaucrats to treat citizenship as a com
modity like pork bellies, instead of treating it like the gift that it is.




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