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The [Sixteenth Amendment] puts no limit on governmental confiscation. The government can, under the law, take everything the citizen earns, even to the extent of depriving him of all above mere subsistence, which it must allow him in order that he may produce something to be confiscated. Whichever way you turn this amendment, you come up with the fact that it gives the government a prior lien on all the property produced by its subjects.

In short, when this amendment became part of the Constitution, in 1913, the absolute right of property in the United States was violated.

That, of course, is the essence of socialism. Whatever else socialism is, or is claimed to be, its first tenet is the denial of private property. All brands of socialism, and there are many, are agreed that property rights must be vested in the political establishment. None of the schemes that are identified with this ideology, such as the nationalization of industry, or socialized medicine, or the abolition of free choice, or the planned economy, can become operative if the individual's claim to his property is recognized by the government. It is for that reason that all socialists, beginning with Karl Marx, have advocated income taxation, the heavier the better... Frank Chodorov

All Taxes Affect Creativity

It is my contention that the axioms are valid regardless of the degree of the taxation. The power to tax involves the power to destroy whether the degree is some fraction of one per cent or 100 per cent. It is possible to demonstrate this by marginal theory. The marginal theory as it applies to degree of taxation can be stated this way: Any level of taxation will make some undertakings unprofitable or submarginal. In practice, any increase in taxes will drive some people out of business, prevent them from going into business, or make it difficult or impossible for them to sustain themselves by whatever they are doing. The point is of such crucial importance that it should be fleshed out with some details.

This principle of marginality applies to anyone who attempts to produce, provide, purvey, sell, or transport any good or service; it applies to farmers, manufacturers, storekeepers, teachers, artists, industrial workers, or whoever, but the effects may be most clearly seen in business enterprise. The power to preserve what has been created is essential to all constructive human undertakings. Taxation impinges on that power and at the margins always is threatening and destroying undertakings. What happens to business enterprises dramatizes the general principle.

In the first place, taxation affects when and whether a business enterprise is begun. To go into business requires a greater or lesser amount of capital, depending on its size and requirements. To gather the capital, savings must be accumulated. Probably the form of taxation with the most devastating effects on saving is inflation. Government, by increasing money supply, reduces the value of money being accumulated as savings. Indeed, the propensity to save is discouraged by inflation, and the propensity to spend is encouraged.

The progressive income tax is another deterrent to capital accumulation. The tax is often talked about as if it were devised to take from the "haves" It should be better understood, however, as taking from those who are "getting," or trying to accumulate savings. A graduated income tax does not, per se, tax wealth that has been accumulated in earlier times; rather, it taxes current income. It bears particularly hard on potential new enterprisers.

Capital Formation Inhibited

Social Security payments greatly inhibit capital accumulation. Individuals are forced to pay into the "fund," yet all that is paid into it is, in effect, forfeit. It cannot be drawn out for investment. It cannot be used as security for loans. No creative use may be made of all the money that goes into Social Security. Whether it will be available in old age may be questionable, but that it is generally unavailable at any other age is beyond doubt.

Even so, anyone who has managed to accumulate or borrow or persuade others to invest enough to go into business has just begun his difficulties with taxation. The man who enters business discovers all too soon, if he did not know it already, that he has a Senior Partner — government. More precisely, he has a committee of Senior Partners, composed of Federal, state, county, and, depending upon the locale, township and municipal authorities. Once he opens his doors, these Partners join the firm, so to speak, expecting him to perform special services for which they do not pay, having the first go at any profits that he makes, and besetting him with various costly requirements.

In the first place, the Senior Partners require the businessman to be a tax collector. Though he has not been a candidate for the position, though it may be alien to his nature to do such things, though the citizenry have not elected him to the post, a tax collector he is most apt to be. If he is a storekeeper or otherwise sells to consumers, there are a variety of taxes he is supposed to collect. Both the state and local governments may impose sales taxes which he has to collect. The Federal government imposes excise taxes which he has to collect on certain items. If hp employs other people, he has to deduct income taxes from their paycheck. Under most conditions, he must collect the Social Security tax by way of payroll deductions. Some areas have employment taxes which he may have to collect.

In addition to the taxes which he collects from others, the businessman has taxes to pay on his own account. He must pay the fees connected with whatever licenses are required. He has to pay income taxes, if he has sufficient income, to the Federal government, and, perhaps, to other governmental divisions. Merchandise of all sorts carries with it an array of hidden taxes. If the governmentally prescribed minimum wage is in fact above what the market wage would be, the difference between the two is a tax.

The recordkeeping that must be done in order to account for all taxes which he collects and provides the basis for his own payment of taxes amounts to a tax also. Records must be kept of all taxes collected, of the gross and net income of the firm, of all expenses of operation, of goods in stock and of equipment purchased, sold, and discarded.

Occasionally newspapers carry stories of the failure of some company. Usually, it is some large corporation, such as the Penn Central Railroad. Most business failures, however, are noted only in local papers, if at all, and many of them go unremarked. A study a few years ago found that approximately one-third of all new businesses do not last a year, and about half of those that do are unable to make it through the second year.

There is no way of knowing how many of these failures are directly attributable to taxation. Some of them would no doubt have failed had there been no taxes to pay, none to collect, and no records to keep. But it is safe to say that taxes were a contributing factor in every failure and a determinative one in many, for taxation adds to the cost of doing business.

Businesses Abandoned

That the power to tax is the power to destroy can actually be viewed, then. All that is necessary to do so is to drive down almost any road. The empty stores, the abandoned filling stations, the factory no longer in operation, the rusting rails on the spur from the main track, the fading signs on the premises, are mute evidence of the destructiveness of taxation. They are the relics of someone’s dream and hope. But these visible remains do not tell the whole story of the destruction wrought by taxation. That would have to include all those undertakings that might have been, but were not, were not because inflation and progressive taxation prevented the necessary amount of saving, were not because the cost of the undertaking was made prohibitive at the outset by the necessary recordkeeping, were not because failure in one undertaking forestalled expansion into other fields.

The power to tax, then, is the power to destroy. It is not just the power to destroy if states may tax the Federal government. It is not just the power to destroy if the Federal government may tax the states. It is not just the power to destroy if the degree is great and abusive. It is destructive wherever it falls and in whatever degree the levy may be.

The courts have never seen fit to extend to the rest of us the protection from this destruction that they have given to the Federal government. It is unlikely that they ever will. Nor is it in the least probable that any other means will ever be used to give us absolute protection from the destructiveness of taxation. As already indicated, the case for taxation is strong and probably conclusive. And, if there is taxation, it will have the effect of destroying some marginal undertakings. There is no way around it, if the reasoning and evidence adduced thus far are correct. What application, then, can be made of the principle that the power to tax is the power to destroy?

We can no more deduce the proper course of action from the axiom that the power to tax is the power to destroy than could Chief Justice Marshall in the case before him. The axiom is valid, but it provides no specific guidelines as to what course to follow. To find this, it is necessary to turn to the purpose of taxation. In turn, the purpose of taxation depends upon the purpose of government. The purpose of government is to keep the peace. The mode by which government properly does this is to use whatever force may be required to restrain and inhibit disturbers of the peace and effect just settlements among disputants who cannot otherwise reconcile their differences. The purpose of taxation is to raise the money necessary to achieve the ends of government.

The Need for Government

The maintaining of the peace by government is necessary to constructive creative efforts and preserving what is thereby produced. In short, government provides a necessary service by its efforts at maintaining the peace. The cost of that service is a proper charge against those producing and providing goods and services. They are the prime beneficiaries of it and may be expected to bear most or all of the cost. If a business cannot survive its proportionate share of the cost of this protection, it might be better thought of as a victim of its own ineffectiveness rather than of taxation. The power to tax is not only the power to destroy, then, but also a corollary of the power of government to preserve by protecting life, liberty, and property.

Nonetheless, the power to tax is an awesome power to destroy. Like fire and water, when it is tamed, confined, and limited, it serves a useful and beneficent purpose. But uncontrolled and unlimited taxation is like a wildfire or rampaging river out of its banks, destroying whatever is in its path. Chief Justice Marshall noted in his decision in McCulloch u Maryland that taxation by the Federal government was limited by the uniformity requirement. So it was, until the 16th Amendment was adopted in 1913. This Amendment removed the most important of the restraints imposed by the Constitution, or so it has been interpreted by the courts. Almost simultaneously, Congress set up the Federal Reserve System and has given it increasing power over the money supply. The destructive power of taxation was let loose, and when it is combined with the taxing power of all other government units it makes it increasingly difficult to create or to preserve a worthwhile portion of what has been created.

Two kinds of taxation are so potentially destructive and unjust that they should be absolutely prohibited. One of these is taxation by way of inflation, i.e., by increasing the money supply. The power to tax by inflating is the power to destroy the value of the money. Nor is it a potential power only; every increase of the money supply by monetizing the debt—the prevailing mode of inflation—destroys the value of money in existence to some degree. Inflation is an unjust tax. It penalizes savers and creditors, for the value of the new money is subtracted from the value of money

in hand or loaned out. Moreover, taxation by inflation is unreasonable, for both saving and lending are legal, honorable, and sanctioned as good by the highest authorities. No sound reason can be adduced for penalizing them.

The second kind of taxation that should be prohibited is the graduated or progressive income tax. The graduated income tax destroys incentive to produce and provide goods and services. It attacks saving and investment in just those places where they could be most readily accomplished. It is unjust because it penalizes higher earnings, earnings which in the absence of proof to the contrary are evidence of greater service by individuals and corporations.

Both taxation by inflation and by the graduated income tax lead to a vast amount of wasted energy by citizens in order to preserve what they have created. Not wasted in that they may not be successful in doing so. Not wasted, either, in that they may not be able to use effectively what they have preserved. But wasted because it is energy that could have been spent on constructive undertakings. By imposing these taxes, government shifts from primarily aiding the citizen in keeping what is his to confiscating it from him. Much of the citizen’s effort, and that of numerous lawyers, tax experts, and investment counselors, is devoted to finding ways to avoid paying the taxes or losing what they have by inflation. How much better off Americans would be today if this vast amount Of energy could be devoted to productive and creative efforts! Such taxation, too, tends to destroy the rapport between the governors and the governed. Confiscatory government becomes an adversary to be outwitted, not a benefactor to be aided and cherished.

At any rate, taxation must be circumscribed and limited else it will "defeat and render useless the power to create." By what principle should it be limited? There is a principle embedded in our system which provides inherent limits to all taxation. It is so basic to our political institutions that it should govern every legislator, every executive, and every judge. It precedes all our constitutions, all our laws, and all our political institutions. It brought them into existence; it sustains them; without it they are a nullity. It is nothing more nor less than this: All governments in the United States derive their just powers from the consent of the governed. This means, if it has its full meaning, that the people are superior to the government. That which creates is necessarily superior to what it creates. The government of the United States was created by the people. They are the superior; the governments are the inferior. Taxation by governments, then, is levied by inferiors upon superiors.

The Superior Authority

What rule governs the relation of the inferior power to the superior power? To answer this question, we can turn again to Chief Justice Marshall. In a section already quoted, he declared that "a power to destroy, if wielded by a different hand, is hostile to, and incompatible with, these powers to create and preserve," and that when this situation exists the "authority which is supreme must control." It would be easy to obscure this point, in fact it is regularly done by many political theorists, by having it refer to the mechanisms by which the people control the governments in the United States. It needs to be clear, however, that what we are talking about here is not government at all. The mechanisms by which people control the governments, when and if they do, are really mechanisms of the government—the inferior power here. What is at issue here is the power of creating, producing and providing goods and services and the supreme authority which must control the disposal of them.

Who is the rightful supreme authority over what has been created, produced, or provided? It is he who created, produced, or provided it. The people brought into being the governments; hence, the people are the supreme authority over them. But "the people" did not bring into being the economic goods and services which are at issue in taxation. These are brought into being by individuals, either by themselves or in co-operation with others. The supreme authority over these creations belongs to those who brought them into being, neither the people collectively, nor their political arm, the government. And, the "authority which is supreme must control."

The principle which inherently limits taxes in the United States is now before us, needing only to be stated. It is this: Taxes must be limited to a degree that will not divest the owner of control over his creations, productions, or provisions. They are his by right, and only so much of them may be taken as is necessary to protect him in his ownership of them. If the government, either by taxation or any other device, comes into control it is the control of the superior by the inferior.

There are certain corollary principles which should control taxation and help to keep it within proper limits.

• 1.     All taxes should be uniform. Whether levied upon income, wealth, or spending —e.g., sales taxes—a uniform rate should apply in each particular case. This is not only the just approach to taxation but also it removes the lure of redistribution by which many people approve graduated taxes.

2.       Taxes should be tied as closely as possible to the object for which the money is to be spent. The payment of a toll for the use of a road will illustrate the principle, though it is not always possible to link the taxation as closely as that to its purpose.

•3.      Taxes should never be levied for any purpose other than raising revenue. If they are imposed for controlling, regulating or prohibiting something, taxes become not only destructive in character but also in intent, and are an abuse of governmental power.

•4.      Government spending should be limited to that necessary to maintaining the peace and providing those services to which the use of force is necessary and proper. All limitation of government action is a limit on spending, hence upon taxation, and those who seek precise limits would do well to concentrate their efforts on placing these on government action. Principles only serve as limitations, of course, if they are believed and adhered to by people. There are helpful guidelines, however, to those who have in mind the limiting of government. Government, if it is to be limited, must be limited by prohibitions on it and by the weight of public opinion and the ballot. A Congressman once gained a considerable reputation by asking this question after each spending proposal came before the House: "But where is the money to come from to pay for it?" It was, and is, a good question. The axiom that the power to tax is the power to destroy suggests an additional question. Namely, "Who and what is to be destroyed by the taxes to pay for it?" What businesses will fail because of the increased taxation? What services can no longer be offered because of the increased taxation? Whose property is to be confiscated to pay for it? How much of savings are to be subtly seized by the inflation? How many jobs will not be provided because there was no investment to pay for the tools to put men to work productively? What creative energies will be diverted or unreleased because of the taxes to pay for it?

There is no end of laudable objects for which money might be spent. Even children, especially children, are fertile sources of all sorts of spending proposals. In our day, every interest group in the country probably has on its agenda a goodly number of proposals for government spending. Certainly, politicians and bureaucrats bring forth an endless array of notions for spending taxpayers’ money. There are so many goodies to be had if only government would unloose the purse strings and spend, and spend.

Children are so prolific with their spending proposals because their eyes are only on the goodies to be attained, not on the labor, hardship, and even deprivation on which their unwise spending would depend. Many politicians today treat the American people as if they were children, pointing them continually to the goodies to be provided and remaining silent about the price to be paid. They spend and spend to elect and elect, as a New Deal politician was reported to have said. They do something else at the same time: They tax and tax to destroy and destroy. Do they intend the destruction? It hardly matters, for the power to tax is the power to destroy, and there can be no government spending without the taxes to pay for it.

Thomas Jefferson once said that what was wanted was "a wise and frugal Government, which… shall not take from the mouth of labor the bread it has earned." Apropos the axioms announced in Chief Justice Marshall’s decision, it is in order to add: "a wise and frugal government which will destroy as little as possible by the taxes it imposes." 

Why Politicians Love the Progressive Income Tax ... 

The progressive income tax allows politicians to protect friends, punish enemies, and to tax certain groups to give benefits to other groups. In the 1920s, Senator James Couzens of Michigan said, "Give me control of the Bureau of Internal Revenue and I will run the politics of the country." When President Nixon discussed who he wanted as commissioner of internal revenue, he said, "I want to be sure that he is … ruthless … that he will do what he is told, that every income-tax return I want to see, I see. That he will go after our enemies and not go after our friends. It’s as simple as that."

Subsidies for Friends, Audits for Enemies

Roosevelt thus became the first president to practice on a large scale what Madison had called “the spirit of party and faction” and what Field had called the “war of the poor against the rich.” With a steeply progressive income tax in place, Roosevelt used the federal treasury to reward, among others, farmers (who were paid not to plant crops), silver miners (who had the price of their product artificially inflated), and southerners in the vote-rich Tennessee Valley (with dams and cheap electricity).

In the 1936 presidential election, Senator Hiram Johnson of California, a Roosevelt supporter, watched in amazement as the President mobilized “the different agencies of government” to dole out subsidies for votes. “He starts with probably 8 million votes bought,” Johnson calculated. “The other side has to buy them one by one, and they cannot hope to match his money.” In that campaign, Roosevelt defeated the Republican Alf Landon by an electoral vote of 523–8.

The flip side of rewards for supporters was investigations of opponents. Senator James Couzens of Michigan, who supported Roosevelt even more vigorously than Johnson did, had said before Roosevelt took office, “Give me control of the Bureau of Internal Revenue and I will run the politics of the country.”

Couzens lived to see the bureau begin to investigate Roosevelt’s opponents. It started with an investigation of Senator Huey Long of Louisiana, who had threatened to run for president against Roosevelt. Next came an audit of William Randolph Hearst, whose newspaper empire strongly opposed Roosevelt for president in 1936. Moses Annenberg, publisher of the Philadelphia Inquirer, vehemently opposed Roosevelt’s re-election campaign in 1936; the next year he had a full-scale audit, which was followed by a prison term.

Elliott Roosevelt, the president’s son, conceded in 1975 that “my father may have been the originator of the concept of employing the IRS as a weapon of political retribution.” But he was quick to add that “each of his successors followed his lead.” That is a key point: once the machinery of retribution is in place, it is hard for politicians to resist using it. When Richard Nixon, a Republican, became president, he sounded like his Democrat counterparts when he described whom he wanted as commissioner of internal revenue. Nixon said, “I want to be sure that he is . . . ruthless . . . that he will do what he is told, that every income-tax return I want to see, I see. That he will go after our enemies and not go after our friends. It is as simple as that.”

If we want to lessen “the spirit of party and faction,” as Madison recommended, and if we want to avoid a “war of the poor against the rich,” as Field anticipated, we would do well to scrap the progressive income tax.

www.fee.org

The founding fathers never saw taxation as a method to direct social behavior or enforce equality. Equality to them was equality under the law, not equality of outcome, or income. It was not the founding fathers' job to manage the economy, or make American businesses competitive. That was up to the free market and American businesses. The founders sought to provide only protection of property and civil liberties such that job creation could happen naturally and peacefully in a stable, prosperous environment. They never sought to take from the rich to give to the poor, or rob Peter to pay Paul. But today, the top 5% of earners in this country pay over half of all income taxes collected, though they only bring in a third of the income. One third of Americans pay nothing or receive subsidies from government.

Tax policy should not be based on the premise that government owns you and allows you to keep some arbitrary amount of your labor. Thus, the AMT should be repealed. The estate tax should be repealed. Capital gains taxes should be repealed. The income tax should be repealed. We don't need to overhaul or adjust tax policy, we need to scrap the whole thing and start over.

Lew Rockwell of the Ludwig von Mises Institute offers a very simple test for any tax reform proposal: Does it reduce or eliminate an existing tax? If not, then it amounts to nothing more than a political shell game that pits taxpayers against each other in a lobbying scramble to make sure the other guy pays. True tax reform is as simple as cutting or eliminating taxes. No studies, panels, committees, or hearings are needed. When reform proposals seem complicated, they almost certainly don't cut taxes.

Who wants a 40% flat tax? Who wants a national sales tax if it adds 35% to the retail price of everything we buy? In other words, why change the tax structure if spending stays the same? Once we accept that Congress needs $2.5 trillion from us — and more each year — the only question left is from whom it will be collected. Until the federal government is held to its proper constitutionally limited functions, tax reform will remain a mirage.

Ron Paul  www.lewrockwell.com

… it must necessarily follow, that some one portion of the community must pay in taxes more than it receives back in disbursements; while another receives in disbursements more than it pays in taxes… The necessary result, then, of the unequal fiscal action of the government is, to divide the community into two great classes; one consisting of those who, in reality, pay the taxes, and, of course, bear exclusively the burthen of supporting the government; and the other, of those who are the recipients of their proceeds, through disbursements, and who are, in fact, supported by the government; or, in fewer words, to divide it into tax-payers and tax-consumers.

The full passage from which this quotation was taken can be be viewed below (front page quote in bold):

Few, comparatively, as they are, the agents and employees of the government constitute that portion of the community who are the exclusive recipients of the proceeds of the taxes. Whatever amount is taken from the community, in the form of taxes, if not lost, goes to them in the shape of expenditures or disbursements. The two—disbursement and taxation—constitute the fiscal action of the government. They are correlatives. What the one takes from the community, under the name of taxes, is transferred to the portion of the community who are the recipients, under that of disbursements. But, as the recipients constitute only a portion of the community, it follows, taking the two parts of the fiscal process together, that its action must be unequal between the payers of the taxes and the recipients of their proceeds. Nor can it be otherwise, unless what is collected from each individual in the shape of taxes, shall be returned to him, in that of disbursements; which would make the process nugatory and absurd. Taxation may, indeed, be made equal, regarded separately from disbursement. Even this is no easy task; but the two united cannot possibly be made equal.

Such being the case, it must necessarily follow, that some one portion of the community must pay in taxes more than it receives back in disbursements; while another receives in disbursements more than it pays in taxes. It is, then, manifest, taking the whole process together, that taxes must be, in effect, bounties to that portion of the community which receives more in disbursements than it pays in taxes; while, to the other which pays in taxes more than it receives in disbursements, they are taxes in reality—burthens, instead of bounties. This consequence is unavoidable. It results from the nature of the process, be the taxes ever so equally laid, and the disbursements ever so fairly made, in reference to the public service…

The necessary result, then, of the unequal fiscal action of the government is, to divide the community into two great classes; one consisting of those who, in reality, pay the taxes, and, of course, bear exclusively the burthen of supporting the government; and the other, of those who are the recipients of their proceeds, through disbursements, and who are, in fact, supported by the government; or, in fewer words, to divide it into tax-payers and tax-consumers.

But the effect of this is to place them in antagonistic relations, in reference to the fiscal action of the government, and the entire course of policy therewith connected. For, the greater the taxes and disbursements, the greater the gain of the one and the loss of the other—and vice versa; and consequently, the more the policy of the government is calculated to increase taxes and disbursements, the more it will be favored by the one and opposed by the other.

The effect, then, of every increase is, to enrich and strengthen the one, and impoverish and weaken the other. This, indeed, may be carried to such an extent, that one class or portion of the community may be elevated to wealth and power, and the other depressed to abject poverty and dependence, simply by the fiscal action of the government; and this too, through disbursements only—even under a system of equal taxes imposed for revenue only. If such may be the effect of taxes and disbursements, when confined to their legitimate objects—that of raising revenue for the public service—some conception may be formed, how one portion of the community may be crushed, and another elevated on its ruins, by systematically perverting the power of taxation and disbursement, for the purpose of aggrandizing and building up one portion of the community at the expense of the other. That it will be so used, unless prevented, is, from the constitution of man, just as certain as that it can be so used; and that, if not prevented, it must give rise to two parties, and to violent conflicts and struggles between them, to obtain the control of the government, is, for the same reason, not less certain.

[More works by John C. Calhoun (1782 – 1850)]

As, on the one hand, it is certain that we all address some such request to the state, and, on the other hand, it is a well-established fact that the state cannot procure satisfaction for some without adding to the labor of others, while awaiting another definition of the state, I believe myself entitled to give my own here. Who knows if it will not carry off the prize? Here it is:

The state is the great fictitious entity by which everyone seeks to live at the expense of everyone else.

For, today as in the past, each of us, more or less, would like to profit from the labor of others. One does not dare to proclaim this feeling publicly, one conceals it from oneself, and then what does one do? One imagines an intermediary; one addresses the state, and each class proceeds in turn to say to it: “You, who can take fairly and honorably, take from the public and share with us.” Alas! The state is only too ready to follow such diabolical advice; for it is composed of cabinet ministers, of bureaucrats, of men, in short, who, like all men, carry in their hearts the desire, and always enthusiastically seize the opportunity, to see their wealth and influence grow. The state understands, then, very quickly the use it can make of the role the public entrusts to it. It will be the arbiter, the master, of all destinies. It will take a great deal; hence, a great deal will remain for itself. It will multiply the number of its agents; it will enlarge the scope of its prerogatives; it will end by acquiring overwhelming proportions.

But what is most noteworthy is the astonishing blindness of the public to all this. When victorious soldiers reduced the vanquished to slavery, they were barbarous, but they were not absurd. Their object was, as ours is, to live at the expense of others; but, unlike us, they attained it. What are we to think of a people who apparently do not suspect that reciprocal pillage is no less pillage because it is reciprocal; that it is no less criminal because it is carried out legally and in an orderly manner; that it adds nothing to the public welfare; that, on the contrary, it diminishes it by all that this spendthrift intermediary that we call the state costs?

[More works by Frédéric Bastiat (1801 – 1850)]

I call him the Forgotten Man. Perhaps the appellation is not strictly correct. He is the man who never is thought of. He is the victim of the reformer, social speculator and philanthropist, and I hope to show you before I get through that he deserves your notice both for his character and for the many burdens which are laid upon him….

In the definition the word “people” was used for a class or section of the population. It is now asserted that if that section rules, there can be no paternal, that is, undue, government. That doctrine, however, is the very opposite of liberty and contains the most vicious error possible in politics. The truth is that cupidity, selfishness, envy, malice, lust, vindictiveness, are constant vices of human nature. They are not confined to classes or to nations or particular ages of the world. They present themselves in the palace, in the parliament, in the academy, in the church, in the workshop, and in the hovel. They appear in autocracies, theocracies, aristocracies, democracies, and ochlocracies all alike. They change their masks somewhat from age to age and from one form of society to another. All history is only one long story to this effect: men have struggled for power over their fellow-men in order that they might win the joys of earth at the expense of others and might shift the burdens of life from their own shoulders upon those of others. It is true that, until this time, the proletariat, the mass of mankind, have rarely had the power and they have not made such a record as kings and nobles and priests have made of the abuses they would perpetrate against their fellow-men when they could and dared. But what folly it is to think that vice and passion are limited by classes, that liberty consists only in taking power away from nobles and priests and giving it to artisans and peasants and that these latter will never abuse it! They will abuse it just as all others have done unless they are put under checks and guarantees, and there can be no civil liberty anywhere unless rights are guaranteed against all abuses, as well from proletarians as from generals, aristocrats, and ecclesiastics. …

It is plain enough that the Forgotten Man and the Forgotten Woman are the very life and substance of society. They are the ones who ought to be first and always remembered. They are always forgotten by sentimentalists, philanthropists, reformers, enthusiasts, and every description of speculator in sociology, political economy, or political science. If a student of any of these sciences ever comes to understand the position of the Forgotten Man and to appreciate his true value, you will find such student an uncompromising advocate of the strictest scientific thinking on all social topics, and a cold and hard-hearted skeptic towards all artificial schemes of social amelioration. If it is desired to bring about social improvements, bring us a scheme for relieving the Forgotten Man of some of his burdens. He is our productive force which we are wasting. Let us stop wasting his force. Then we shall have a clean and simple gain for the whole society. The Forgotten Man is weighted down with the cost and burden of the schemes for making everybody happy, with the cost of public beneficence, with the support of all the loafers, with the loss of all the economic quackery, with the cost of all the jobs. Let us remember him a little while. Let us take some of the burdens off him. Let us turn our pity on him instead of on the good-for-nothing. It will be only justice to him, and society will greatly gain by it. Why should we not also have the satisfaction of thinking and caring for a little while about the clean, honest, industrious, independent, self-supporting men and women who have not inherited much to make life luxurious for them, but who are doing what they can to get on in the world without begging from anybody, especially since all they want is to be let alone, with good friendship and honest respect. Certainly the philanthropists and sentimentalists have kept our attention for a long time on the nasty, shiftless, criminal, whining, crawling, and good-for-nothing people, as if they alone deserved our attention. …

What the Forgotten Man really wants is true liberty. Most of his wrongs and woes come from the fact that there are yet mixed together in our institutions the old mediaeval theories of protection and personal dependence and the modern theories of independence and individual liberty. The consequence is that the people who are clever enough to get into positions of control, measure their own rights by the paternal theory and their own duties by the theory of independent liberty. It follows that the Forgotten Man, who is hard at work at home, has to pay both ways. His rights are measured by the theory of liberty, that is, he has only such as he can conquer. His duties are measured by the paternal theory, that is, he must discharge all which are laid upon him, as is always the fortune of parents. People talk about the paternal theory of government as if it were a very simple thing. Analyze it, however, and you see that in every paternal relation there must be two parties, a parent and a child, and when you speak metaphorically, it makes all the difference in the world who is parent and who is child. Now, since we, the people, are the state, whenever there is any work to be done or expense to be paid, and since the petted classes and the criminals and the jobbers cost and do not pay, it is they who are in the position of the child, and it is the Forgotten Man who is the parent. What the Forgotten Man needs, therefore, is that we come to a clearer understanding of liberty and to a more complete realization of it. Every step which we win in liberty will set the Forgotten Man free from some of his burdens and allow him to use his powers for himself and for the commonwealth.

[More works by William Graham Sumner (1840 – 1910)]

As to the right of the people to think, let him who denies it, deny, at the same time, their right to breathe. They can no more avoid thinking than breathing. God formed them to do both; and though statesmen often act as if they wished to oppose the will of the Deity, yet happily they want the power. And since man must think, is it possible to prevent them from thinking of the government? upon the right conduct of which depend their liberty, their property, and their lives. It is their duty to watch over the possessors of power, lest they should be prevented, by the encroaching nature of power, from leaving to their posterity that freedom which they inherited; a natural right, preserved from the oppressor’s infringement by the blood of their virtuous ancestors.

But such is the effect of political artifice, under the management of court sycophants, that the middle ranks of people are taught to believe, that they ought not to trouble themselves with affairs of state. They are taught to think that a certain set of men come into the world like demigods, possessed of right, power, and intellectual abilities, to rule the earth, as God rules the universe, without controul. They are taught to believe, that free inquiry and manly remonstrance are the sin of sedition. They are taught to believe, that they are to labour by the sweat of their brow to get money for the taxes; and when they have paid them, to go to work again for more, to pay the next demand without a murmur. Their children may starve; they may be obliged to shut out the light of heaven, and the common air which the beasts on the waste enjoy; they may be prevented from purchasing the means of artificial light in the absence of natural; they may be disabled from procuring a draught of wholesome and refreshing beverage after the day’s labour which has raised the money to pay the tax; they may not be able to buy the materials for cleanliness of their persons, when defiled by the same labour; yet they must acquiesce in total silence. They must read no obnoxious papers or pamphlets, and they must not utter a complaint, at the house where they are compelled to go for refreshment, which the tax prevents them from enjoying at home with their little ones. Yet they have nothing to do with public affairs; and if they show the least tendency to inquiry or opposition, they suffer a double punishment, first from their lordly landlord and employer; and secondly, from prosecution for turbulence and sedition.

The legal punishments attending the expression of discontent, by any overt-act, are so severe, and the ill-grounded terrors of them so artfully disseminated, that rather than incur the least danger, they submit in silence to the hardest oppression.

Even the middle ranks are terrified into a tame and silent acquiescence. They learn to consider politics as a dangerous subject, not to be touched without hazard of liberty or life. They shrink therefore from the subject. They will neither read nor converse upon it. They pay their contribution to a war, and take a minister’s word that it is just and necessary. Better part with a little money patiently, since part with it we must, say they, than by daring to investigate the causes or conduct of public measures, risk a prison or a gibbet.

[More works by Vicesimus Knox (1752 – 1821) and on The Debate about the French Revolution]





 

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The Supreme Soviet's Anatoly Sobchak once remarked, "Our people cannot endure seeing someone else earn more than they do…. They are so jealous of other people that they want others to be worse off, if need be, to keep things equal." Sobchak described this attitude as one of the chief obstacles to economic reform. Television personality Dmitri Zakharov put it this way: "In the West, if an American sees someone on TV with a shiny new car, he will think, 'Oh, maybe I can get that someday for myself.' But if a Russian sees that, he will think, 'This bastard with his car. I would like to kill him for living better than I do.'" That is what Marxism-Leninism did to these people.

Overlooked Perils of Interventionism

That system, the polar opposite of the free market, encouraged greed in the ruling class and apathy, envy, and alienation among everyone else. Scarcely anyone defends it any longer. At the same time, we are urged not to let the socialist debacle sour us on the state itself, which we are told is an indispensable instrument in the pursuit of "social justice." But the less predatory state that such critics have in mind carries its own moral and cultural perils, only a few of which we can consider here.

Economists speak of the disutility of labor. Albert Jay Nock referred to the human inclination to seek after wealth with the least possible exertion. In a formulation familiar to libertarians, Franz Oppenheimer described two ways of acquiring wealth: the economic means and the political means. The economic means involves the production of a good or service that is then sold to willing buyers seeking to improve their own well-being. Both parties benefit. The political means, on the other hand, involves the use of force to enrich one party or group at the expense of another — either to acquire someone else's wealth directly or to give oneself an unfair advantage over his competitors through the use or threat of coercion. That is a much easier way of enriching oneself; and since people tend to prefer an easier over a more difficult path to wealth, a society that hopes to foster both justice and prosperity needs to discourage wealth acquisition via the political means and encourage it through the economic means.

But the state, wrote Oppenheimer, was the organization of the political means of wealth acquisition. It was through this channel that people could find paths to their own economic well-being that involved the use of force — carried out on their behalf by the state — rather than their own honest work. For that reason, the baser aspects of human nature can find in the state an irresistible attraction. It is easier to become dependent on welfare than to work; it is easier to accept farm subsidies and thereby to increase food prices than it is to compete honorably and freely; and it is easier to file an antitrust complaint against a competitor than to outcompete him honestly in the marketplace. By making these and countless other predatory options possible, the state fosters unattractive moral attributes and appeals to the worst features of human nature.

In short order, society degenerates into a condition of low-intensity civil war, with each pressure group anxious to secure legislation aimed at enriching itself at the expense of the rest of society. The Hobbesian war of all against all that allegedly characterizes life under the pre-political state of nature creeps into political life itself, as even those who were initially reluctant to seek political favors pursue them with vigor, if only to break even (that is, vis-à-vis groups who are less scrupulous about using the state to secure their ends). All of this looting under cover of law is what Frédéric Bastiat memorably called "legal plunder."

"The state fosters unattractive moral attributes and appeals to the worst features of human nature."

The same phenomena are observable around the world, when misguided development aid programs have strengthened the interventionist state in less-developed nations. Ben Powell makes the important point, echoing Peter Bauer, that the fashionable proposals we hear about nowadays that seek to direct foreign aid to responsible, relatively non-predatory regimes miss the point: these aid programs are inherently bad, no matter how selectively the funds are allocated. Not only do they tend to enlarge the public sector of the recipient country, but competition for a share of the grant money also diverts private resources away from the satisfaction of genuine wants and into the wasteful, anti-social expenditure of time and resources for the purpose of winning government favors.

Some Virtues of the Market

If the state is the organization of the political means of wealth acquisition, then the market is the embodiment of the economic means. The market all but compels people to be other-regarding, but not by means of intimidation, threats, and propaganda, as in socialist and statist systems. It employs the perfectly normal, morally acceptable desire to improve one's material conditions and station in life, both of which can grow under capitalism only by directing one's efforts to the production of a good or service that improves the well-being of his fellow man. This is why the title of Frédéric Bastiat's book Economic Harmonies is such a beautiful encapsulation of the classical liberal message. (The American Anti-Imperialist League's George McNeill made essentially the same observation, if perhaps more vividly, in the late 1890s: "Wealth is not so rapidly gained by killing Filipinos as by making shoes.")

John Rawls famously argued in A Theory of Justice that we could judge a society on the basis of the material condition of the least well-off. The market wins according to that moral criterion as well. Capital University's Robert Lawson has shown that all around the world, the poor are consistently better off in the least interventionist, most market-oriented societies. America's poor are better off than much of the European middle class today, and better off than the American middle class of the 1950s.

This happy outcome follows from the very nature of capitalism. When businesses invest in capital equipment to render the production process more efficient, they make it possible to produce more goods at a lower unit cost. Competition then passes these cost cuts on to the consumer in the form of lower prices (a phenomenon not always so visible in an inflationary economy, but at work all the same). This greater abundance increases the purchasing power of all real incomes, and thereby redounds to the benefit of everyone.

The Enron Objection

Needless to say, the market possesses a great many virtues in addition to these. But what we might call the Enron objection will at this point be raised: doesn't that fiasco reflect a serious moral problem at the heart of capitalism? Enron, it is said, was the free market in action, and Ken Lay an apostle of laissez faire. In fact, neither claim is true. Time constraints limit me to recommending the Enron chapter in Tim Carney's important book The Big Ripoff: How Big Business and Big Government Steal Your Money (2006). To make a long story short, Enron was on the receiving end of countless waves of government subsidies. It also manipulated the bizarre regulatory thicket that was the California energy market in grotesquely anti-social ways that enriched Enron at the expense, quite literally, of everyone else. The Cato Institute's Jerry Taylor correctly described Enron on balance as "an enemy, not an ally of free markets. Enron was more interested in rigging the marketplace with rules and regulations to advantage itself at the expense of competitors and consumers than in making money the old-fashioned way — by earning it honestly from their customers through voluntary trade."

Enron was in fact punished by the market for its behavior, while the American government, awash in Ponzi schemes, accounting irregularities, and unfunded liabilities it can't possibly cover, goes about its business in peace. "Far from an example of a market failure," argues Jacksonville State University's Christopher Westley, "Enron's saga shows that firms which invest too much in politics can easily become complacent in the face of changing market conditions…. If there's a scandal to be found in the Enron debacle, it is this: Enron's faith that its political investments would eventually solve its problems caused it to avoid making necessary changes in its organization until it was too late. Anyone who checks Enron's stock price, now listed on one of the penny stock exchanges, knows that the market has penalized this strategy." Amazon.com and Kmart, on the other hand, were up front with their investors about their financial difficulties, and ended up doing much better — by and large, their investors, no doubt impressed by these firms' honesty and transparency, stuck by them.

"Capitalism stands its trial before judges who have the sentence of death in their pockets." –Joseph Schumpeter

The nature of the attacks on capitalism frequently changes: one day it's the corruption of businessmen, as with Enron, the next it's environmental degradation (which is typically the fault of poorly developed property rights and arbitrary regulatory regimes rather than of capitalism itself). Sometimes capitalism will be criticized for one alleged failing one day and exactly the opposite failing the next. Thus socialists once claimed that capitalism was less efficient than socialism, and could not produce in nearly the same abundance. Now that that argument has been silenced, we have begun to hear exactly the opposite claim: capitalism brings about too much wealth, and makes people materialistic and fat. As Joseph Schumpeter put it, "Capitalism stands its trial before judges who have the sentence of death in their pockets. They are going to pass it, whatever the defense they may hear; the only success a victorious defense can possibly produce is a change in the indictment." For a system that has brought about such astonishing and unprecedented advances in the well-being of the great mass of mankind, it is surprisingly vulnerable to attack.

Capitalism and Public Opinion

Murray Rothbard was fond of citing the arguments of Étienne de la Boétie (as well as those of such later figures as David Hume and Ludwig von Mises) to the effect that governments survive or perish on the basis of public opinion. Since those who rule are of necessity vastly outnumbered by those who are ruled, it is curious that any regime — much less the truly oppressive — should get away with it for so long. The only way they can do so, according to these men, is through the voluntary consent of the public. That consent need not take the form of wild enthusiasm, which is rarely forthcoming for any regime; passive resignation is quite enough.

If a critical mass of the population withdraws that consent, on the other hand, regimes collapse. The fall of the communist regimes in Eastern Europe was a textbook example of exactly what La Boétie meant: when next to no one obeys commands any longer, how can the ruling elite hold on to power?

It is not only political regimes but also economic systems that must pass a public opinion test if they are to endure. And here we encounter an essential cultural attribute for the maintenance of a free economy: a critical mass of the population must consider market exchange, and the institutional supports that make it possible, to be fundamentally just.

And yet from our major institutions here in the United States we hear something like the opposite. Schoolchildren are given the impression that the private sector is the source of all wickedness and oppression, from which public-spirited government officials, in their selfless commitment to justice, must rescue and protect us. The selection of subject matter itself exhibits a pro-state bias: students leave school knowing all about how a bill becomes a law, for example, but with no idea of how markets work.

All of this applies just as strongly to popular culture and the media, with of course a few noble exceptions like John Stossel. That is why I am surprised not by how much of the market economy has been suppressed in the United States, but by how much has managed to survive in the face of a hostile educational and cultural establishment. Europe's opinion molders, as Olaf Gersemann observes in his book Cowboy Capitalism, are utterly contemptuous of American capitalism, a phenomenon they do not understand, and it is not surprising that in such an intellectual milieu those countries find themselves burdened with even more statism than we do.

The Culture of Enterprise: Concluding Thoughts

"To my ear, the term 'culture of enterprise' suggests a society that possesses a conscious appreciation of the distinct virtues of the market economy."

We are being much too ambitious if we think even the best economic institutions can transform human beings from flawed creatures into saints. The correction of human failings is the business of families, churches, and voluntary organizations of all kinds. The twentieth century served, among other things, as an extended lesson in both the danger and the folly of state-led efforts to transform human nature. We can be more than satisfied if our economic system is content to take human beings as they are, direct their energies into productive rather than anti-social outlets, and reward them for satisfying the needs of their fellow men.

Thomas Jefferson once observed that the mass of mankind was not "born with saddles on their backs, nor a favored few booted and spurred, ready to ride them." That is what the free economy is all about: anyone is free to serve the public in the manner he thinks best, and no one, not even those who have been most successful in the past, can claim exemption from the daily referenda that take place whenever the public decides to buy or to abstain from buying what he has to sell.

To my ear, the term "culture of enterprise" suggests a society that possesses a conscious appreciation of the distinct virtues of the market economy, some of which I have described here, and why it is morally and materially superior to statist alternatives, as I have also described here. In other words, the points I have made in my remarks today are the kind of arguments that should resonate with and constitute important pillars for a culture of enterprise. Instead of being held up for condemnation and abuse, entrepreneurs in such a society would be respected and honored for the risks they assume with their own property in order to bring improvement to people's lives, from the latest technological innovation to the most mundane of necessities. For a true culture of enterprise to last, people must see in the unhampered market economy not merely the least intolerable system but a positive good, in which living standards consistently rise, human creativity is given free rein, and human interaction proceeds on the civilized basis of respect for others' person and property.

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"The decades following World War II taught anyone who was paying attention how not to encourage prosperity…"

The decades following World War II taught anyone who was paying attention how not to encourage prosperity or escape from less-developed status: demonize producers and the successful, nationalize industry, harass foreign investors, make property insecure, institute "import substitution" policies, and suffocate entrepreneurship through regulation. Development aid programs, meanwhile, either expressly endorsed these policies (as in the case of import substitution) or enabled them to continue by masking the true effects of such disastrous measures or propping up the regimes that implemented them. If the less-developed countries are to enjoy the prosperity of such success stories as Hong Kong and South Korea, or enjoy the growth rates being observed today in Ireland and even China, they must abandon the destructive and wicked policies of the past, discard the culture of envy their leaders have fostered, and embrace the principles of freedom that have allowed more people than ever before in history to enjoy the material conditions of civilized life.

And at a time when our countrymen are being courted by all manner of interventionist politicians — with one noble exception, I hasten to add — peddling all kinds of grandiose schemes for human betterment, Americans themselves could stand to be reminded of the values that inform a culture of enterprise. There was something disturbing, and yet revealing, in the title of MSNBC's election coverage segment last year — Battleground: America. Every two years, but especially every four, the country becomes in effect a battleground between opposing forces, in which the winner acquires the power to take the country to war unilaterally, to impose a uniform social policy on 280 million Americans, and to implement all manner of policies on his own authority, by means of executive orders and signing statements. Americans typically take for granted that this is normal, and indeed how life must be.

But in fact we don't need Hillary Clinton or John Edwards, Rudy Giuliani or John McCain, to "run the country" (to use an infelicitous if unfortunately common phrase) or to make us prosperous. A free and responsible people can manage its affairs without the platitudes and paternal custodianship of a Great Leader, and exhibits no superstitious reverence toward the occupants of political office. Once a society begins to absorb this revolutionary discovery, it has already embraced the culture of enterprise.


Thomas E. Woods, Jr., is a resident scholar at the Mises Institute. He is the author of The Church and the Market: A Catholic Defense of the Free Economy. His other recent books include The Politically Incorrect Guide to American History (a New York Times bestseller) and How the Catholic Church Built Western Civilization. Send him mail. See his archive. Visit his website. Comment on the blog.