*** Mod’s note: Split from another thread , since this belonged in a different topic. - sN ***
Randian Government.
I just wanted to apologize to Trebor for the ten gallon hat scenario. I thought of describing a woman in the theatre wearing one of those big boat Sunday Church hats but the cowboy hat seemed funnier. Let me try another devil’s advocate gambit. Once again I am not trying to disparage the great state of Texas. Remember the Alamo!
A strictly interpreted, Constitutional Government, or a hypothetical Objectivist Government has a monopoly over the retaliatory use of force *conferred upon it by the consent of the governed.* It permits various jurisdictional agencies within its territory, as long as those agencies uphold the Constitution guaranteeing individual rights. It does not permit agencies within its territory that are at variance with any provisions of the Constitution.
Is there competition between the states? For instance, State Judge Trebor Wopner or State Judge “RationalBiker” Napolitano, interpreting State Government or the Constitution on TV are upholding the highest laws of the land, though Judge Wopner usually deals with miniscule or microcosmic sections of his state’s laws. He has his jurisdiction, and the Federal and State Courts have theirs.
However, what if Judge Trebor Wopner said this?
“I am taking my court outside the legal and moral authority of the Constitution. I hereby declare this section of the country, the great state of Texas, as Wopner’s Confederate States of America. We uphold much of the Constitution of the United States, except we deem it right that landowners can keep other human beings as property, especially undocumented Mexicans. And we think coercive taxation is immoral. Nobody is required to pay taxes. We will pump oil out of State lands to pay my salary.”
This is the point where the idea of “competing legal agencies” fails. If a Government, legally constituted on individual rights, within a geographical area, for all time, sees the establishment of a “competing set of rules,” that infringe upon rights, then it has an obligation to protect its citizens within that area.
And furthermore, if any individual, or group simply declares, they are no longer bound by the laws of the constitution in some subsection of the larger area, even if this group declares it DUPLICATES the laws of the original government, it is an infringement upon the rights of all the citizens and the Government should use “retaliatory force,” to dissuade the secessionists.
This is true because the *final authority* to OVERSEE the making of laws must be in the hands of the Federal Government. If allowed continued existence, the competing governments may then create laws that are contrary to the constitution of the land. So, it is a principle of self defense to squelch the law writers who could become lawbreakers.
I think our own history parallels this course. What if the South had won the war? That is always an interesting game of, “what if.” I am talking about the concept of *States Rights* which might be better stated as states delegated duties and authority.
Let’s switch gears back to Objectivism from the Confederacy. I want to make a distinction between anarchy, which is an interim period, as in America’s old west, and Randian Government which posits, a just society with very, very little government, but is still based on individual rights and the non-initiation of force principle, as is our current Constitutional Government. It’s just that everyone is packing a pistol so to speak to enforce their own rights. Would that be so bad, Vern, from the perspective of law enforcement?
How would a Randian Government fare in the world? An interim anarchy like in our old west (and still might lie in the badlands of Texas : o ) can exist as it does in Somalia, but for how long? Culture is the glue that holds the war-lords together in a loose confederation. Now, if Randian Government is a workable and logically superior system, why does it not spontaneously spring into being in Somalia? When the Soviet Union collapsed why didn’t Randian Government spring into being there?
The answer as to why is so simple even a caveman could think it: people live there and people know people. The Randian Laissez Faire, Little or Non-State, can only exist on paper or in someone’s imagination. It is a REIFIED feeling of personal sovereignty. If I am wrong, show me the beef.
One hypothetical: Randian Government vs. our current Constitutional Government. How do we fix it?
Two hypothetical: Randian Government vs. Planned Rational Anarchy. Is Randian Government so close to NO government that it modals anarchy?
Warning! This is just a drill. This is not an attack. This is just a thought game drill.
Semper cogitans fidele,
Peter Taylor