Use the Ballot Box
by
Matt Giwer (c) 1995 <5/20>
The people who refuse to
recognize any statement from the Justice Department that the
bomber has no militia connections and they are investigating his
Army connections are taking the opportunity to run down all
citizen militias. Standing back from this exchange it is hard to
tell which is more paranoid, those worried about black
helicopters or those worried about these militias.
The greatest bit a paranoia is
that some how these people are planning to overthrow the United
States government. They say that force should not be used
because there is the ballot box to make changes. That is a
common belief. Let us examine it.
But first I want to remind you
of the mindset in this country. This view holds that if 51%
agree to it then, absent an expensive and time consuming Supreme
Court reversal on Constitutional grounds, then any law whatsoever
can be passed. This further holds the 49% must continue in blind
obedience to those laws even when it is clearly known they are
passed for partisan political purposes or the result of a pork
for votes deal.
Such laws are clearly immoral
and should have no standing; certainly they should have no
compliance. Certainly when a law carries all the moral force of
a new bridge in the 3rd district of Massachusetts it has little
going for it.
Now to the point, if people do
not like these laws, the argument goes that they have to comply
until the laws are changed. And they are reminded they can
change the laws simply by electing different people and all will
be right with democracy. Lets take some practical examples.
Logging of federal lands. If
every state affected by the regulations were to elect people
committed to repealing those laws, they would not have 1/10
enough to outvote the tree huggers living in the cities in the
rest of the states.
Grazing on federal lands.
Again if all the ranching states did the same as the logging
states, the restrictions would still be in place.
Endangered species. If all
the people being hassled and losing the value of their property
were to get together and vote as a block for as many
representatives as they could they would not have enough.
There are a myriad of such
laws and regulations and I have not left the favorite issues of
the crazy environmentalists.
There is another entire
category of evil that can not addressed by the ballot box. When
was the last time the existence of the BATF was up for a vote?
When was the last time the civil forfeiture laws were up for a
vote?
Since the policy is that a law
need not be moral or even constitutional to be passed and
enforced then as long as only a small number of people are
directly harmed there is no recourse in the vote. Of course
anyone who has five years and three million dollars to devote to
a Supreme Court challenge has another option. It is safe to
disregard that possibility and stay with the uselessness of the
vote to small numbers of people in this climate.
As we saw in 1993 hundreds of
billlions of dollars in tax increases being moral and just
because the president held a conference in the district of one
voter we see other "moral and just" laws passed on such false and
flimsy grounds.
From the beginning the
Endangered Species Act has had no concern for the preservation of
any species. Rather it has been used by people in the city who
"care" to preserve what they will never care to see from the
exploitation of greedy corporations. And of course they will lie
to do that such as in in the case of the Spotted Owl. Following
from such laws, such as the wetlands provisions, come hundreds a
regulations by the unelected and the unfirable who certainly can
not be voted out of office or controlled by the number of elected
officials those harmed can produce.
Clearly, your backyard can be
declared a wetland and your lawncare prohibited. But that will
not happen. Why? Because the people in the city will see it as
unjust. Yet the same actions become just and noble and for the
good of all mankind when the same thing is done to a few people
far from the cities.
Every argument for restoring
wolves to Yellowstone applies to restoring them to Rock Creek
Park in Washington DC. Every argument but one. That argument is
that those who pass laws should not be subject to the
consequences.
Wolves should be restored
to every city and suburb in the US and the $100,000 fine and year
in jail should apply to anyone who kills them. They will not be.
What is unjust for people in the city is just for people in the
country.
That is the form of the
deliberate and willful injustice we see as a result of the ballot
box. Telling they can go to the ballot box to change things is
the ultimate, let them eat cake. Arguing that a law must be good
because it is passed democratically is to argue against democracy
rather than for the law.
Now if there were not
federal lands and no "federal" species these matter could be
handled at the state level where the harmed people would have a
much greater ability to use the ballot box. But at the federal
level those people become insignificant and are no longer
functional members of the political process.
And in a democracy when
there is no effective recourse at the ballot box then there needs
be a recourse from that democracy. (Again, this ignores a
constitutional recourse as it is not clearly available without
enough money not to have to worry about the problem.) In the
early 1770s the colonists were denied their right of recourse,
they being granted no representation in Parliament, however
ineffective Commons was in those days. They were subject to
unjust laws and taxation as they were not living in Britain but
in some far away place. They were told to obey no matter how
unjust they held the laws.
The colonists were taxed
for the French and Indian War as it was to protect the colonies
even though an extension of European conflict. The City of
Glasgow was not taxed to pay for Naval protection of shipping
from the French. Glasgow was close and had representation. The
colonies were far away. What was just for the colonies was
unjust for Glasgow.
What we are seeing today
is a growing number of people who are subject to punishment by
laws they see as unjust. We see them powerless as individuals
and as groups of like-minded individuals. In the militia
movement we see them all finding common ground in a strictly
limited federal government. Together they find a strength and
common purpose in something greater than a passing concern over a
piece of property here or a job there.
Together they find joint
purpose in liberty and freedom from injustice. That the
government continues to ignore these injustices and tells them to
eat the ballot box only hastens the day when it will instigate
armed confrontation.