Equal treatment vs. equal results.

Originally published at American Thinker on April 27, 2010.

There has been, for some time in this country, a polarizing political discussion. The debate has hinged on people's idea of the term "fairness" and how this idea is to be applied. The result of the exchange has been the widening ideological gap between conservatives, who believe that fairness is best ensured by obedience to the rule of law, and liberals, who quite adamantly attest that fairness can best be realized through the satisfaction of individual wants as a consequence of a government redistribution of property.

Equal treatment vs. equal results.

And though the discourse has remained constant throughout the twentieth-century, it has not, as a result of its long duration, lost any of its heated contention.

As recently as the end of March, this year, Vice-President Joe Biden (God bless his soul) revealed, during an interview with Yahoo Finance, the philosophy into which his conviction was vested: "I don't call it [a redistribution of income]... I call it just being fair."

It is true, economically speaking, that people are not born into equal circumstances. And it is also true that life is not fair; what one strives diligently to obtain can be tragically lost. However, in a society where citizens are guaranteed equality before the law, those financially less fortunate or those who may be upon hard times can find solace in the fact that there would be, in the very foundation of their system of laws, no favoritism among the people; no privileged classes. In such a society, the rule of law would lay firm and every attempt made by any citizen to improve his condition would not be hindered by either individuals or the government, but instead fostered by the protection of an objective legal arrangement.

On the other hand, if by choice or dictate, a people were to enter into a system which navigates its laws not on the warrant of objectivity, but on the basis of the achievements or property of some as compared to those of others, then fairness and equality as they are typically understood would be, in all ways, lost.

F.A. Hayek, in "The Road to Serfdom," (1) masterfully explains that, in an economic and political system where equality is arrived at through the procurement of results, the rule of law cannot exist:

Formal equality before the law is in conflict, and in fact incompatible, with any activity of the government deliberately aiming at material or substantive equality of different people and... any policy aiming directly at a substantive ideal of distributive justice must lead to the destruction of the rule of law.

Because the government would be required to regard supposedly equal individuals or entire classes of citizens in a different manner than it regards others, the law would have to be applied inconsistently.

What the agents of the liberal philosophy do not understand, or perhaps what they understand so well, is that equality of results, as a necessary condition of its existence, forbids the equality of treatment. And by promising to distribute to the people fairness, the liberals would have instead delivered its counter and, in so doing, they would have crippled any chance that the ordinary man ever had to foresee the actions of his government that would keep him ordinary forever.


1. Hayek, F.A. The Road to Serfdom: Text and Documents--The Definitive Edition. Routledge, London: The University of Chicago Press. 2007 (Originally published - 1944). Page 117.

American Thinker: Obama's Tea Party Straw Man

Originally published at American Thinker on April 27, 2010.

Why does it seem that the public is being told that the only demand the Tea Party activists have is that their taxes be lowered? Though the activists would doubtless welcome such an outcome, it is by no means the sole impetus of their objections. In fact, the demand is explicitly absent from their "Contract from America."

The contract -- a written expression of the will of those like-minded Americans who would sign it -- serves to convey to U.S. public officials a consensus outcry for a policy agenda of individual liberty, limited government, and economic freedom.

Interestingly, only two of the ten recommendations from the Tea Party's contract involve the topic of taxation, and contrary to what the public has been presented from both the White House and the news media, each of these recommendations is devoid of any mention of protest in response to cripplingly high taxes. The movement's members request, and the contract stipulates, that the U.S. government ought to:  

Adopt a simple and fair single-rate tax system by scrapping the internal revenue code and ... permanently repeal all tax hikes, including those to the income, capital gains, and death taxes, currently scheduled to begin in 2011.

It should be evident from this declaration that rather than concerning itself with tax rates, the Tea Party pines for the upheaval of the current tax code. The distinction is an important one, and the fact that it has not been recognized by the administration is seriously troubling.

This mischaracterization of the Tea Party's view reigns broadly. We hear it, most conspicuously, from President Obama:

In all, we passed 25 different tax cuts last year. And one thing we haven't done is raise income taxes on families making less than $250,000 a year ... so I've been a little amused over the last couple of days where people have been having these rallies about taxes. You would think they would be saying thank you.

The same straw man argument was presented last week by intellectual powerhouse Bill Maher. On his absurd cable television show (just before -- in absolute defiance of history -- he accused all staunch conservatives of being Ku Klux Klan members), Maher offered that the Tea Party people "were venting their anger, their rage, at taxes. Which of course, in most cases, for them went down."

But if a brief look at the Tea Party contract could aptly elicit the truth of the matter -- that tax rates are so obviously not the issue -- then why the misunderstanding?

The answer is that there is no misunderstanding; we are witnessing a deliberate misclassification. The administration and the media are, at all times, intentionally misrepresenting the goals of their opponents.

Is it not reasonable to accept the sorry conclusion that those who pursue tangents rather than facts perhaps have as their aim diversion rather than solutions?

And if it is agreed that this administration's most vocal and sincere conservative opposition is purposefully misidentified (though their goals have been expressly documented), then the question inescapably arises:

To what end?

It indeed seems the case that without first attempting to correctly identify a problem, the chances of encountering a solution grow increasingly slim. And because it seems to me impossible that such an uncomplicated concept could slip so effortlessly over the heads of our nation's leaders and opinion-makers, I believe that there is something much more sinister at work

The public is being misinformed plainly because the Obama administration wishes to redirect the public away from a recognition and understanding of a political philosophy that desires to implement a redistributive social system.

In its call for individual liberty and economic freedom, the Tea Party expresses an understanding that the redistribution of wealth presently desired by Washington, the media, and liberals at large would be best guaranteed by the continuation of the current tax code -- a tax code perceived by its critics as perpetuating a gross injustice by utilizing the coercive income tax to negotiate the satisfaction of ends to which those fleeced have not consented.

Ought an injustice be permitted to endure so long as some class or constituency benefit from its presence? Signers of the contract, liberty-oriented people from across the growingly constrained nation, all rightly reason, "No!"

There is a danger in the Obama White House honestly appraising the Tea Party's criticisms: It may bring illumination to the consequences of their policies. And because, as poll after poll suggest, an enlightened citizenry would reject absolutely the continuation of said policies, such honesty would be politically suicidal.

Where the Tea Party openly provides its recommendations and cites its complaints, the Obama White House and its allies in the media take quite a separate approach. It is difficult to tell behind which goal they place the stronger thrust of their efforts: concealing their own agenda or wrongfully portraying the intentions of their critics.

On the campaign trail, Barack Obama sold a bill of goods (to those interested in his product): the possibility that this nation might finally be presented with the opportunity to rip through the ever-present and seemingly insurmountable partisan divide to achieve the Holy Grail of political discourse more commonly known as the civil debate of issues. However, now it is evident that he is actively pursuing an attitude of the very dissension which it was his stated goal to diminish.

Candidate Obama once said, "Let's debate our genuine differences on the issues that matter."

Hear, hear, Mr. President!

Hear, hear.

The Walrus and Mr. Clinton

Originally published at American Thinker on April 20, 2010.

There is a special type of idiocy that finds its hiding right out in the open. It's the smartest type of idiocy in existence. For the most part, it's not even recognized for what it is due to its being smuggled into ire-filled diatribes; blasted over by booming sentiments of passion and accepted as intelligent on the basis of its author's authoritative and spirited style. This breed of idiocy is particularly dangerous because its often demonstrated by those we are apt to trust; the news media, for instance, or former presidents. My first recent witness to such an account occurred two weeks ago while watching MSNBC.


I'm sure by this time we are all familiar with Chris Matthews' Walrus comment, but I'd like to briefly recite the statement in an effort to offer a more telling examination and as a favor to those who were so much drawn into his caustic rant that they may have missed the smart idiocy of it all. Matthews, as if in the throes of a fiery sermon, offered to a guest:

I`ve never seen language like this in the American press, referring to an elected representative government, elected in a totally fair, democratic, American election... And this guy, this walrus underwater, makes fun of this administration, calling it a "regime."

Okay. Lots to look at here.


Forget for a moment that it has been shown that language like this has previously been used in the American press (including - oh, jeez! - by Matthews himself). Forget for a moment that, negative connotation aside, the term "regime" is synonymous with the term "administration." And please pay no attention to the idea that Mr. Matthews believes that authority, democratically originated, is sole evidence of its absolute legitimacy.


Wait... What was that last part?


The focus of most all of the surrounding popular criticism has been sadly donated to Matthews' hypocrisy and to the shock value of his Limbaugh-directed ad hominem, where it should have been on Matthews' totally flawed notion of tyranny. My good friends! Ask yourselves, "Which is more important for the security of the freedom of a people: that they fairly elect their leaders or that their fairly elected leaders follow a set of rules that determine the borders of their governance?"


Matthews is not alone in his confusion; his sentiments were echoed on Friday by Former President Bill Clinton; a Rhodes Scholar. Clinton claims that the current tea parties are somehow less genuine than the Boston original because the colonials were protesting taxation without representation and the current dissidents are rallying in opposition to taxation from elected officials who must account for their actions at the end of their terms.


Here, Mr. Clinton partially mistakes both the subject of the tea party movement's opposition and the mechanism by which power becomes arbitrary. Is taxation the important mutual concern between eighteenth and twenty-first century tea party attendants?


Or is the issue representation?


If the consent of the governed is shed - even if for a potentially short period - or ideas are made law through means of some unenumerated or irresolute charter, does it make a difference somehow if a leader is appointed courtesy of a democratic election or if his authority is qualified by the divine right of kings?


As Americans, we should take great pride in our democratic procedure, however infinitely more gratification should be derived from the presence of our constitution and our obedience to it. After all, what achievement is it if a people freely select who is to run them and not how they are to be run? And what great glory can a nation claim if the architects of its cultural and political society are permitted to pervert its greatest victory by misclassifying its greatest threat?


A threat which is continually misapprehended by the agents of the public should not be doubted to be among the public's most dangerous.