Monday, May 2, 2011

Re: LCR - Bob Barr & marriage

Justice Louis Brandeis was a socialist zionist jew, who fought to
guarantee that Jewish minorities were included wherever minority
rights were recognized. He ruled against corporations, monopolies, and
consumerism.

know the enemy
they are among us

On May 1, 1:11 pm, Bruce Majors <majors.br...@gmail.com> wrote:
> ---------- Forwarded message ----------
> From: rabiera <rabiera1
>
> Normally I would simply post a link to something like this, but there
> isn't one yet & I didn't want to wait.
>
> Some of you may be aware of the Log Cabin Republicans, who are having
> their convention in Dallas.
>
> One of the guests is Bob Barr, who gave a speech today - the text of
> which I received by email from LCR.  I am posting this speech here so
> you can judge for yourself what impact it might have on the whole
> marriage debate.  Note that it is prefaced by a quote from Ayn Rand.
>
> BTW, I have mixed feelings about the speech myself, but I want to give
> it a more thorough reading before I say anything about it.
>
> Rob Abiera
>
> Speech to the Log Cabin Republicans
> National Convention & Liberty Education Forum Symposium
> April 30, 2011
> Dallas, Texas
> by Congressman Bob Barr
>
> "The greatest dangers to liberty lurk in the insidious encroachment by
> men of zeal, well-meaning but without understanding."
> – Justice Louis Brandeis
>
> "We are fast approaching the stage of the ultimate inversion: the
> stage where the government is free to do anything it pleases, while
> the citizens may act only by permission; which is the stage of the
> darkest periods of human history, the stage of rule by brute force."
> -- Ayn Rand
>
> "If I hear 'not allowed' much oftener," said Sam, "I'm going to get
> angry."
> –       J.R.R. Tolkien, "Lord of the Rings"
>
> Ladies and gentlemen, thank you for having me here today. While some
> folks might express surprise that I stand here today to speak at the
> Log Cabin Republicans National Convention, the common ground on which
> Republicans, Democrats, Libertarians, and other civil libertarians
> find themselves with increasing frequency standing against government
> encroachments on liberty, should surprise no one here. I am delighted
> and honored to be with you, and to encourage you to continue in your
> work to refresh and restore America's promise of a society in which
> individual freedom is maximized, and in which the countervailing and
> often heavy hand of government power is minimized.
>
> I am here to speak with you about the most important topics of our
> time in history – individual liberty and the role of government in our
> lives. The marriage debate is an important element of this fundamental
> debate of the 21st Century (but certainly not the only one) – have we
> reached the tipping point in the balance between government power and
> individual freedom, such that the former has completely overwhelmed
> the latter?
>
> As Ludwig von Mises wrote, "Government is essentially the negation of
> liberty." Certainly, some degree of government is necessary to
> safeguard our unalienable rights to life, liberty, and property. Any
> degree of government that is more than necessary itself, intrudes on
> these rights, and should (must) be opposed. This includes those laws
> limiting personal choices and relationships that do not harm others.
>
> Just how bad has it become? We lawyers learn and can cite many of the
> more than 4,400 criminal laws limiting and defining behavior under
> federal law. All of us likewise are familiar in our professional and
> community lives with the many thousands more state and local laws and
> ordinances. What many people tend to overlook, however, are the many
> licensing requirements that define so many activities in our lives.
>
> A license is a control mechanism; also a means to raise revenue. To
> license is to grant permission. To license is to control. Which brings
> us to the real question when discussing whether same-sex marriage
> should be legal – why do individuals need the government's permission
> to marry? The real issue here is not marriage – it is control. Control
> – the Big C of 21st Century public policy. The important question is
> whether the government has the proper authority to dictate which
> individuals can enter into a binding legal agreement. The very nature
> and history of government action since our nation's founding reveals
> it is all about power and control. The effort to define marriage
> directly or indirectly is but another of many examples of this
> universal truth.
>
> But how we frame the debate is often times as important as how we
> actually fight the fight. The perspective we bring to discussion of
> issues involving personal liberty will largely determine our chances
> for success in such endeavors. If we define the question narrowly –
> "the Second Amendment simply protects the carrying of a firearm" –
> rather than as an element of a fundamental struggle between individual
> liberty and government power, we make it easier for government to
> succeed in its efforts to control. Defining the debate narrowly makes
> it easier for government to divide and conquer, or to trivialize the
> individual effort. In other words, when defending one's Second
> Amendment rights against government intrusion, the question should be
> framed thus: "the Second Amendment is not simply a mechanism to
> protect gun owners from having their right to possess a firearm taken
> away; but rather a means of protecting the fundamental liberty and
> freedom that comes with being a human being in a free society."
>
> The same applies to First Amendment freedoms. It is not simply about
> being able to read a particular newspaper or attend a particular
> church. Rather it is the fundamental freedom to possess and act on
> one's own, private beliefs and desires; to live one's life as one
> wishes. This reflects the fundamental right to privacy; the most
> important of all rights as noted by Ayn Rand in her 1943 novel "The
> Fountainhead." Justice Louis Brandeis concluded similarly 15 years
> earlier when, in 1928, he penned a famous dissent in the Olmstead
> case; in which he noted, "they [the makers of the Constitution]
> conferred, as against the government, the right to be let alone – the
> most comprehensive of rights and the right most valued by civilized
> men."
>
> Brandeis was right. Our Founders did understand this principle. As
> James Madison noted in Federalist No. 51, it is every bit as important
> that government "control itself" as it is to have government control
> the governed.
>
> Clearly, however, in recent decades we have not done a nearly adequate
> job of controlling government. In fact, we have permitted the sphere
> of government control to expand exponentially, with a corresponding
> shrinkage of the sphere of personal liberty. In modern times, we have
> done a pitiful job of using government to control government.
> Government and our Constitution are now used almost exclusively to
> expand, not limit, the power of government. Marriage is but one
> example.
>
> With the massive expansion of the regulatory state has come a vast
> increase in the power of the government to control personal behavior
> in every aspect of life; from who can marry and how one can defend
> one's life or property, to what type of light bulbs illuminate our
> homes and how much water can flow through our commodes. This is the
> slippery slope of regulatory creep or incrementalism. A prime example
> of this slippery slope of using government regulation to tighten the
> noose of control and restricting liberty can be seen in how the
> marriage issue has evolved throughout history. What was once a private
> contract between consenting individuals is now a complex web of laws
> and regulations affecting with more than 1,100 rights, duties, and
> entitlements granted only with the state's permission.
>
> Historically, marriage was considered and recognized simply as "a
> civil contract to which the consent of the parties is required."
> Marriage was for procreation as well as building financial, social
> and, in some cases, political alliances. Marriage licenses, however,
> were established to exert control and raise revenues when the state-
> run Church of England decided it wanted to have a say in approving
> marriage partnerships. This practice spread to the American colonies,
> where both the church and states allowed marriage by publication of
> "banns." A "bann" was a "public notice that was written, published or
> orally announced for three consecutive meetings at the churches of the
> bride and groom."
>
> Marriage licenses themselves, however, were not issued in America
> until the mid-1800s. Initially these licenses served a negative
> function -- to prohibit interracial marriages. In the intervening
> century and a half, such licenses have been employed to establish and
> enforce myriad prohibitions and benefits. By 1929 every state had
> adopted marriage license laws. One of the last refuges of individual
> liberty – common-law marriage – is being rapidly destroyed. Common-law
> marriage can no longer be contracted in 26 states (including in my
> home state of Georgia), thus forcing individuals who want to marry to
> seek and receive permission from the state.
>
> What was once seen as a contract between two individuals, which the
> state may be called upon to enforce (and which under Article I,
> Section 10 of the U.S. Constitution, should be protected against
> impairment by state actions!), became an institution for the state to
> regulate and control; simply another way for government to dictate how
> individuals may live. What was once a contract between two consenting
> individuals, perhaps their God, and possibly even after the groom
> obtained the father of the bride's permission, is now a mandated pact
> between those individuals, their God, and the state; with the state
> essentially "giving away" the bride and the groom with its grant of
> permission to marry.
>
> As libertarian David Boaz, Executive Vice-president of the CATO
> Institute, has pointed out, "privatizing marriage, would,
> incidentally, solve the gay-marriage problem. It would put gay
> relationships on the same footing as straight ones, without implying
> official government sanction. No one's private life would have the
> official government sanction – which is how it should be." By getting
> government out of the marriage business, or at least limiting its
> involvement by
>
> ...
>
> read more »

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