Robin Hood, Magna Carta, and the Forest Charter

Anti-Statism, Fiction Reviews (Movies), Podcast Picks, Pop Culture, Statism
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I, for one, am sick of the Robin Hood myth and movies. Or I thought I was. On the latest episode of Mark Kermode’s BBC film review podcast, there’s a fascinating discussion with Russell Crowe and Billy Bragg about the upcoming Ridley Scott film Robin Hood, starring (and co-produced by) Crowe. The new movie is a departure from other versions, with Robin Hood involved in the Magna Carta and also the Forest Charter which, “In contrast to Magna Carta, it provided some real rights, privileges and protections for the common man against the abuses of the encroaching aristocracy.” One line I like from the Forest Charter:

Any archbishop, bishop, earl, or baron who crosses our forest may take one or two beasts by view of the forester, if he is present; if not, let a horn be blown so that this [hunting] may not appear to be carried on furtively.

The discussion about this with Crowe and Bragg (9:00 to about 32:10 of the podcast) goes into how the Norman aristocracy unjustly invaded the land rights of the common people, which was redressed to some degree by the Forest Charter. Sounds interesting.

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F***ing with the wrong Mexicans

Fiction Reviews (Movies), Immigration, Pop Culture, Vulgar Politics
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The fury over Arizona’s new anti-illegal immigration law continues at a brisk boil, and it couldn’t come at a better time for filmmaker Robert Rodriguez.  The 41-year-old Texan, himself of Mexican descent, is known for his gritty and graphically violent movies set in Mexico and featuring protagonists who seek bloody vengeance against those who have wronged them.  Like his friend and collaborator Quentin Tarantino, Rodriguez is a fan of the pulpy, culturally exploitive action films of the 1970s; part of the fun of Grindhouse, the double-feature he and Tarantino directed, were the over-the-top trailers for films which didn’t exist…until now, at least.

MacheteRodriguez has now expanded one of the trailers, for a film called Machete, into a full-length feature starring Danny Trejo, a fixture in many Rodriguez movies, including the family-friendly Spy Kids series in which Trejo also played a character named Machete.  I hope parents don’t confuse that Machete with this one, however, as the new “illegal” trailer makes clear (warning: NSFW language and violence).  In the new film, Machete is a former Federale and migrant laborer who drifts around Texas looking for work.  He is hired by a businessman (played by Jeff Fahey) to kill a corrupt senator who’s trying to kick all of the illegal immigrants out of the state.  But it’s all a setup; Machete is the patsy for a deeper conspiracy to whip up anti-immigration hysteria so that tough new laws can be passed without much protest.  Machete then goes on the signature Rodriguez rampage of killing bad guys and scoring with hot women.  As the voiceover in the trailer says, “They just f***ed with the wrong Mexican.”

The real fun may be in seeing this movie played out against an all-too-real backdrop of anti-illegal immigrant hysteria.  The senator in Machete, played by Robert DeNiro, uses rhetoric not much different from that heard by officials such as Pinal County Sheriff Paul Babeu, who warned of an epidemic of cop shootings by illegals after one of his deputies was wounded by suspected drug smugglers near the border.  No evidence of such an epidemic exists — only one cop in Arizona has been killed by an illegal immigrant since 2008 — but the amplification effect of non-stop media coverage lends credibility to Babeu’s histrionics.

Los SunsThen there’s the condemnation of forcibly removing illegals from the country, and the rallying of immigrants by Machete’s compadres to fight back, echoing the political and cultural backlash against Arizona’s new legislation.  Even professional sports have gotten in on the act; the Phoenix Suns wore “Los Suns” jerseys on Wednesday to celebrate Cinco de Mayo and take a swipe at the immigration bill.

Whether Machete is just a Mexploitation flick using illegal immigration as a pretext for a gory revenge fantasy, or represents a deeper political statement by Rodriguez, won’t be known until the film is released in September.  Of course it can be both; politics and pop culture often make strange, not to mention lucrative, bedfellows.  Such is the wonder of American enterprise!

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Future of Freedom Fund

Anti-Statism, Education, Private Security & Law
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Besides traditional activism such as politics and writing and speaking, on occasion intellectual entrepreneurs try to find more innovative and creative ways to work for a free society. Examples  include various forms of “new libertarian nation” projects (like Patri Friedman’s Seasteading Institute, and the Free State Project), as well as the idea of subscription-based patrol and restitution advanced by Guillory and Tinsley, or Stephen Fairfax’s ingenious proposal presented at Austrian Scholars Conference 2010, “Returning Gold to the Consumer Marketplace” (discussed here).

Along these lines, I’ve been fascinated with an idea I got when I read about an utterly fascinating legal squabble way back in 1996 or so when I lived in Philadelphia. This concerns the infamous Holdeen Trusts, and a series of cases and legal disputes centered around same. An article about it in the Philadelphia Inquirer caught my notice because it concerned the efforts of an eccentric millionaire New York lawyer, Jonathan Holdeen, to set up a series of trusts that would one day totally wipe out taxes, at least in Pennsylvania (see also The Holdeen Funds, by Rajan Mylavaganam, below).

Holdeen set up a labyrinth of trusts in Pennsylvania in the 1940s and 1950s, lasting for hundreds of years, with the accumulated trillions of dollars to be eventually used to endow and completely fund the operation of the government of Pennsylvania. He chose Pennsylvania, believing that that state’s laws were most favorable to the validity of such trusts. Holdeen “modeled his plan somewhat after that of the thrifty Benjamin Franklin who limited himself to two hundred years (1790-1990).” (Holdeen v. Ratterree, 270 F.2d 701 (2d Cir. 1959); see also Holdeen v. Ratterree, 190 F.Supp 752 (N.D. N.Y. 1960); In re Trusts of Holdeen, 486 Pa. 1, 403 A.2d 978 (1979).)

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What’s the Real Message from Those GM Ads?

Business, Democracy, Humor, Immigration, Nanny Statism
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“Whatever the State saith is a lie; whatever it hath is a theft.”
~ Nietzsche

There is no shortage of reporting about GM CEO Ed Whitacre’s recent series of TV ads touting GM’s ostensible early repayment of federal loan money.  Fox News, or as I like to refer to it, Faux News, is all over it.  A website known as Video Café – Crooks and Liars has posted a very good review of the coverage, along with a YouTube video of the actual ad, for those who have not seen it.

Here’s what shocks me about the ad:  Nothing.

It strikes me as pretty obvious that GM had to expect that someone would find out about their using loan money to repay loan money at some point.  Did Whiteacre, clearly a man with intelligence, credentials, and connections, think nobody would put 2-and-2 together?  Of course not.  He didn’t care.  He knows it doesn’t matter.

Indulge me as I recount one of my favorite jokes to begin illustrating why.

A burned-out executive moves to the hills to escape the rat race.  He moves into an old cabin in what he believes to be sparsely-populated woods and starts his new life.  He hopes to decompress and recharge and maybe re-connect with the fast-paced life he once knew at some later point.

One day, he hears a knock on his door.  In walks a man wearing nothing but a pair of tattered overalls, some old work boots, and a broad smile.  “Hey there, neighbor!” exclaims the man.  “My name is Enoch and I’m your neighbor!”

Initially taken aback, the executive-turned-hillbilly gathers himself and extends his hand.  “Pleased to meet you, Enoch.  My name is, Bill Exeter.  I just moved here from the Big City.”  Bill figures it is about time he got more acquainted with his new environment anyway.

Enoch begins, “Well, Bill, I just wanted to invite you to a little gathering at my house on Friday.”  What great timing!  Bill can relax a little and meet some of his neighbors too.  Sensing Bill might be a little uneasy about coming to a strange neighbor’s house, Enoch begins to pitch the party.

“Listen Bill, I need to warn you.  My parties tend to get a little wild.”  Bill smiles, feeling better about his new neighborhood.  Enoch continues, “I can almost guarantee that there will be massive consumption of homebrew alcohol.”

Bill thinks, “Sounds good!” and responds, “Enoch, I can hold my liquor!”

Enoch continues, “Well then, I should probably also mention that this consumption of alcohol tends to make my guests a little bawdy.  As a matter of fact, things got bad enough last time that there was wild sex during the party!  I expect this one to be more of the same.”

Bill has been away from the rat race for long enough that the possibility of sex sounds good.  “Well, Enoch, I’m no virgin, if I must say so myself.”

Enoch continues, “OK.  I should also probably mention that fights tend to break out in the aftermath of many of my gatherings, especially after the sex.”

Bill, still happily pondering the possibility of sex, confidently says, “Hey Enoch, I can handle myself.”

Enoch ends with, “Excellent!  I’ll look for you around 8:00 this Friday then.”  Enoch turns to leave the house.

Just before Enoch closes the door behind himself, Bill yells, “Hey Enoch!  What should I wear?”

Enoch shrugs his shoulders and says, “It don’t much matter.  It’s just going to be the two of us.

<Rim Shot>

The key point—the understanding that is manifested over and over in U.S. politics—is contained in that punch line:  It doesn’t much matter anyway.  GM received the TARP money, even though it is not a financial firm.  One might argue that since GM used to own GMAC—its erstwhile lending mechanism—it qualifies as a financial firm.  That strikes me as a stretch, but that does appear to be the partial mechanism GM used to get the cash.  Certainly, the TARP money was specifically for financial firms.  According to Wiki:

The Troubled Asset Relief Program, commonly referred to as TARP, is a program of the United States government to purchase assets and equity from financial institutions to strengthen its financial sector. It is the largest component of the government’s measures in 2008 to address the subprime mortgage crisis.

GM mismanaged and underperformed its way into a deep financial hole.  It didn’t much matter.  The responsibility for GM’s problems rested with GM.  It didn’t much matter.  In the aftermath of all that underperforming, GM had the gall to ask the government for some cash, a huge wad of cash, and acquired that money for both GM and GMAC.

The overwhelming majority of Americans did not think any firm should be bailed out.  It didn’t much matter.  Congress gave money ostensibly aimed at saving the financial sector from the subprime mortgage crisis to a troubled automobile manufacturer with a management and sales crisis.

The American taxpayer was under no obligation to GM, its shareholders, or its employees. It didn’t much matter.  GM got the cash.  They have now paid back some of the early money with some of the later money, and have gone on TV to brag about it, despite the fact that such an obvious ruse should be found out.  It didn’t much matter.

While some of this behavior initially upset me, looking back on it—particularly in context with the normal behavior of the State—I see that my anger was misplaced.  The State generally and its agents in particular spew forth all manner of unmitigated, easily-identifiable equine feces on a routine basis.  Think not?   Here’s a recent sampling of talking points that have, inexplicably yet inexorably, fallen from the mouths of our leaders:

They hate us for our freedoms.”  (This phrase is generally uttered in regard to Islamic terrorists wanting to attack the U.S.  Somehow the fact that other equally-free countries are not being similarly attacked gets obscured.  Some have argued, persuasively, that such a designation as “free” for the U.S. is a little dicey anyway.)

too big to fail.”  (What does this even mean?  Can a firm be too small to fail as well?  Can a firm be too big to succeed?  Can a firm be too small to succeed?  What does size have to do with the economic realities of losing money at business?)

You’re either with us or you’re with the terrorists.”  (That a reasonably-intelligent representative of the species Homo sapiens could say something this insipid and not be placed in a padded room—wearing a straitjacket and a mouth guard—speaks to the awesome power of patriotism, and stupidity, but maybe not in that order.)

Illegal immigration represents a danger to the future of the U.S.”  (The U.S. didn’t even have a comprehensive set of regulations on immigration until 1952.  The Constitution doesn’t even mention immigration in those terms.  Hell, damned-near everyone in the U.S. except for the people who were already here when America was “discovered” is an immigrant or descended from one anyway.  Here’s my question:  When does an immigrant become a visitor or a guest?)

We fight them over there so we don’t have to fight them here.”  (C’mon.  Does anyone think the U.S. was in danger of being invaded by terrorists?  Really?  The truth of the matter is this:  The U.S. military murders innocents abroad.  Call me touchy, but that might upset me too.)

So Ed Whiteacre went on television, in an ad ironically entitled “Trust” and bragged about GM “putting people back to work” and how GM had “repaid their loan in full, 5 years ahead of schedule.”  Don’t hate the playa!  He was only doing what politicians do to the American public on a regular schedule:  lie for specific gains, to an audience who wants to hear the lies, while knowing that even if the lie is found out, it won’t matter that much anyway.  Consider:  Since anyone who was seriously considering buying a GM car probably didn’t care about the bailout, what’s the downside of trying to rope in a few other suckers via bogus advertising?  Moral hazard epitomized.

Is GM going to stop getting government bail-out money?  Nope.  Will any subsequent event preclude the next chronically mismanaged firm from getting a boatload of statist cash?  Not likely. Will the skilled propagandists who do their best to lead rank-and-file Americans around by the nose change their tactics?  Absolutely not.

It doesn’t much matter.  It’s just them and our money—taken at gunpoint—anyway.

(Cross-posted at LRC.)

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TLS Podcast Picks: Miron on Libertarianism and Woods on Nullification

Libertarian Theory, Podcast Picks, The Basics
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I heard two superb podcasts this morning:

  • Lew Rockwell’s interview of Tom Woods on “Nullification!”–a discussion of Woods’s forthcoming book, Nullification: How to Resist Federal Tyranny in the 21st Century. With Meltdown, and now, with this book, I think Woods has become one of the most significant and influential libertarian thinkers on the planet. I mean that literally.
  • Reason.tv interview with Harvard professor and libertarian Jeffrey Miron about his forthcoming book Libertarianism, from A to Z, which I just downloaded on the Kindle app on my iPad. Miron appears to be a consequentialist, but any new voice championing liberty is to be welcome; with the new Woods book, this one, and the forthcoming Libertarianism Today by J.H. Huebert and The Conscience of an Anarchist by Gary Chartier, there will be a wealth of great new introductory material available this year.
  • Bonus podcast pick: Scott Horton’s absolutely riveting interview with Peter Lance about terrorism, the FBI’s incompetence, and related matters.

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