Rhys M. Blavier

The Libertarian Party’s Quest for Ballot Access and The Sin of Onan

In Activism, Candidate Endorsement, Corruption, Democracy, Democrats, Libertarian, Libertarian Party-US, Libertarian Politics, Libertarian Politics 2008, Local Politics, Politics, Republican on February 3, 2010 at 8:54 pm

Onan… spilled his seed on the earth, lest that he should give seed to his brother.

Ballot access is a major goal of the Libertarian Party, so much so that we seem to be more concerned with keeping or gaining ballot access for whatever election is next rather than with any Libertarian actually winning in whatever election is before us today. (http://en.wikipedia.org/wiki/Ballot_access) Ballot access seems to have become that tail that wags the dog in third-party politics. Yes, it is important to have our candidates on ballots, but doing that should not come at the cost of using our resources, time and efforts to actually get Libertarians elected to higher offices than city councils, county commissioners and Justices of the Peace.

Without actually quoting any specific messages or e-mails to me by others, I will say that when I have asked my state Party Leadership for Party help with my own election, I have been told that, rather than focusing resources on any specific race, they don’t want to show “preference” for any candidates or any particular races because “it wouldn’t be fair”. I was told that “with 193 races, we can’t play favorites”. I say that it is because of attitudes like that which have resulted in NO major or significant election wins in almost 40 years. When election results are tallied, we crow about how significant we are because Libertarian candidates got 5% of the vote here and 7% of the vote there. Getting 5% of the votes in an election is still losing that election.

The reason I used the infamous line about Onan is that what we are doing as a Party is “spilling our seed on the earth” instead of creating any actual elected officials. I have a feeling, in fact, that Libertarians have been telling each other for so long that is it so important to view the percentages of our loses as victories that I think that there will be a lot of anger, resentment and even hatred showered on the first Libertarian to actually win a notable office. In Irving Janis’ ground breaking book on ‘Groupthink’, he tells us this story:

Twelve middle-class American men and women wanted to stop smoking, and attended weekly meetings at a clinic to discuss the problem. Early in the sessions, two people stood up and declared that cigarette smoking was an almost incurable addiction. The group agreed. The, one man stood up and said “I have stopped smoking and, with a little willpower, so can the rest of you.” Immediately, the other group members began to abuse him verbally, and the meeting ended in chaos. The following week, the dissident stood up again and said that he could not both attend all of the required meetings and stop smoking; so he had returned to smoking two packs of cigarettes as day. The other members welcomed him back into the fold with enthusiasm but no one mentioned that the original purpose of the group was to help each other stop [emphasis in original] smoking. Their new aim was maintaining the status quo at any cost.

I think that, deep down in their subconscious minds, the leadership and long term activists in the Party have become so inured to losing elections that they have accepted a cognitive dissonance in which they delude themselves that they are accomplishing great things by simply showing up to the ball, as it were. Ballot access in NOT what we need to be working for; getting Libertarians elected to significant offices IS what we need to be working on. We HAVE to “fertilize some eggs” and then nurture them maturity, so to speak. If we do not and cannot accomplish that, then what the Hell good are we to America, our states and our communities?

Maybe the Libertarian Party’s candidates NEED to be spending time standing in front of the local Wal-Mart and grocery stores collecting signature to get ourselves on ballots. Maybe we need to be holding open meetings to let people who aren’t Libertarians talk to us instead of holding rallies that are only open those who already think like the rally organizers do. Maybe we need to create “Election Coordinators” to be officers on, if not paid staff of, both our state and our national executive committees? Maybe we need to start from the ground up, do the necessary work, and use the necessary resources to get electable candidates INTO office. Maybe we need some humility instead of fancy offices in Washington. We do not need to attract the rich and powerful even though doing so makes us proud of ourselves; we need to make it where everyday people can walk in off of the street and ask us who we are and what we stand for.

Onan spilled his seed on the earth because he did not WANT to make his brother’s widow pregnant with his child because it would then be his brother’s child instead of his own. The Libertarian Party is spilling its seed on the earth and, whether or not we admit that don’t really want “progeny”, that is the reality that comes with distributing our resources far and wide without there being any chance of those resources paying off for us in the end. We throw our seeds on “rocky barren places where they can find no purchase”.

The current Libertarian Party Bylaws state that:

The Party is organized to implement and give voice to the principles embodied in the Statement of Principles by:

(F)unctioning as a libertarian political entity separate and distinct from all other political parties or movements;

(M)oving public policy in a libertarian direction by building a political party that elects Libertarians to public office;

(C)hartering affiliate parties throughout the United States and promoting their growth and activities;

(N)ominating candidates for President and Vice-President of the United States, and supporting Party and affiliate party candidates for political office; and,

(E)ntering into public information activities.

Notice that the bylaws say that the method authorized by the Party to move public policy is BY getting Libertarians elected to public office. Without getting Libertarians elected we, by our own words, cannot try to move public policy simply by existing as a Party. In addition, the burden of “chartering affiliate parties” falls on the organization itself, NOT upon the people. It is a requirement of our bylaws that the Party itself create (a pre-requisite for chartering, I assume) the affiliate parties. Simply hoping that people will come to US and want to form local Party affiliates is neither effective nor in line with what our bylaws say. As with an elected candidate, the burden is on us, as a Party, to earn the votes / support of the people. It is not THEIR responsibility make things easy for us. By the way, note that maintaining ballot access is NOT one of our stated purposes.

In Texas, the charter for our state Party says that the State Executive Committee will be composed of the elected state Party officers and two representatives from each of our state’s 31 Senatorial districts. That means that there should be 62 district representative members sitting on our state Executive Committee. Instead of 62, there are (according to the available information on the LP of Texas website, http://lptexas.org/content/state-leadership) only 19, with only 6 of the 32 districts being fully represented by two members. This means that only 13 out of 31 districts have ANY representation on the Executive committee at this time and that ALL of the current representatives on the LPTEC are from high population areas of the state. Not a single representative member of the LPTEC speaks for rural area or even moderate population centers.

Like the government of the State of Texas, it seems as if both the National and, at least, the Texas Parties exist simply because they have existed and they function on nothing more than their own small inertia. As one of my political heroes, Pat Paulsen, said;

Vote or get off of the pot.

I have said before that, until we get serious about ACTUALLY being a contributing part of the American political scene, until we actually manage to win some real elections we have become and will remain nothing more than a lunatic fringe wandering in the wilderness telling ourselves that we matter. So, I ask every Libertarian and libertarian who reads this to ask themselves one simple question… “Will I be content to just “spill my seed on the earth” again this year?

Rhys M. Blavier
Romayor, Texas

“Truth, Justice and Honor… but, above all, Honor”

© Copyright 2010 by Rhys M. Blavier

Thank you for reading this article. Please read my other articles and let me know what you think. I am writing them not to preach or to hear myself think but to try to create dialogs, debates and discussions on the nature of our government and how we can build upon and improve it based on what we have seen and learned over the course of the 225+ years of The American Experiment.

The Party and the Pendulum

In Libertarian on February 1, 2010 at 2:03 pm

When we meet another libertarian we often spend the first few minutes sizing them up and trying to determine the nuances of their philosophy. Once we have this piece of the puzzle we too often create a relationship based on if a person is one of “us” or one of “them”. The fact of the matter is the “them” is never our fellow libertarians, but those statists who wave the flag with one hand while stealing our liberties with the other.

A pendulum swinging back and forth never moves forward. We can have a national committee full of self described “radicals” that refuse to let any “reformer” have input. The following convention the “reformers” can take over the national committee and shut out the “radicals”. In the end we are back where we started. We will never manage to move forward if part of the national committee spends its time trying to silence members who disagree with them. We will not survive if we continue to allow LNC subcommittees to hold meetings in which some members were excluded because other members disagreed with them.

The Libertarian National Committee needs to live up to the libertarian philosophy of personal liberty. We have to accept that our fellow libertarians will sometimes disagree with us. We can only create a libertarian society when we spend less time as a party fighting over how we word our message and more time spreading our message.

The party must stand firm on its principals of individual liberty and personal responsibility. With the Democrat pendulum swinging to the left and the Republican pendulum swinging to the right, some argue the Libertarian Party needs to rush into the void. By moving our party to the left or the right we are just creating another void “up”. We cannot and should not compromise our philosophy to fill a void. Where would this leave our party when the Republican or Democrat pendulum swings back? Instead of moving into the void we should reach into the void. Through outreach and education we will bring those who are left politically homeless by their parties into the Libertarian Party.

We should never mistake the Libertarian National Committee for our Libertarian Party. Our party is not a committee of seventeen. Our Libertarian Party is the people who run for office, donate money, and volunteer their time. The party is those who are activist working to change the world. Our Libertarian Party is us.

Our Libertarian National Committee needs to listen to our members, the people who elect the committee, to listen where they want their donations spent and on which path they want to go. Then our LNC should lead the way. Our National Committee should learn what our party actually needs from a national office and then find an economical way to meet our needs. When we listen to activist on the front line and meet their needs we will move our party and our society into a bright future of freedom.

Scott Williamson is a candidate for LNC Regional Representative and can be contacted at scott.williamson01 @ comcast.net

Constitutional Oaths and A Plea to President Obama

In Barack Obama, Corruption, Democracy, Democrats, History, Law, Libertarian, Libertarian Politics, Politics, Protest, Republican, US Government on January 30, 2010 at 1:25 am

I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.

This simple thirty-five word Oath of Office is specified by The Constitution of The United States as the one, single oath which much be taken by every person who will serve this nation as our President. After this oath is taken every four years, however, no one seems to ever pay much attention to it, but it is important enough that it is the ONLY oath spelled out word for word in The Constitution. There are also only two specific obligations it places on a President; to “faithfully execute the Office of President of the United States” and to “preserve, protect and defend the Constitution of the United States” to the best of their ability.

While no other oath is specified in The Constitution, it DOES state in Article VI, clause 3 that:

The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.

For other federal officials, including members of Congress, it specifies that they “shall be bound by Oath or Affirmation to support this constitution.” By federal statute, the oath which must be taken by all members of The House of Representatives and The Senate, as well as by The Vice President, members of the Cabinet, and all other civil and military officers and federal employees other than the President is:

I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.”

The taking of oaths by all other federal officials in addition to the President dates back to the fourteen word oath created by the first Congress in 1789 (“I do solemnly swear (or affirm) that I will support The Constitution of the United States.”), but the current wording is based more on the oaths written during The War Between the States which were intended to allow treason charges to be leveled against those who supported the south or didn’t support the Union.

The first Congress also specified in The Judiciary Act of 1789 the oath which would be required of all federal judges in the United States:

I do solemnly swear (or affirm), that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent on me, according to the best of my abilities and understanding, agreeably to the Constitution, and laws of the United States. So help me God.”

In fact, federal judges are currently required to take not just one, but TWO different oaths:

I, _____ _____, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as _____ under the Constitution and laws of the United States. So help me God.”

And:

I, _____ _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.”

Federal statute specifically states that this second oath “does not affect other oaths required by law.”

Within the military forces of The United States, the oaths required of both officers and enlisted men are statutory and are prescribed in Section 3331, Title 5 of the United States Code. The oath which officers are required to take is:

I, _____ _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.”

While enlisted men are required to take this oath:

I, _____ _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.”

An important distinction between the oaths required of officers when compared with that required of the enlisted ranks is that the oath taken by officers does not include ANY provision to obey orders. While enlisted personnel are bound by the Uniform Code of Military Justice to obey LAWFUL orders, officers in the service of the United States are bound by their oath to disobey ANY order that violates The Constitution of the United States.

As far as I can tell, these are all of the oaths required by our federal government for any person who is in any way obligated to serve The United States of America (I am obviously not aware of any secret oaths which might exist within the shadowy corridors of secrecy which our country tries to keep hidden from its citizens). I am also not including the oaths taken by the National Guard or officials of the various states, counties and communities as doing so could fill a small book, needless to say, all of those oaths must meet the same Constitutional requirements as these federal oaths do.

At this point you are probably wondering why I have spent almost a thousand words just to tell you want the different United States federal oaths are. It is very simple. OATHS MATTER! Whether we pay attention to them or not, our Constitution requires them and many people take them, which means MANY people are BOUND by them. Now, as you read through them, you might have noticed that there is only one thing which they ALL have in common (aside from all being very short). I’ll give you a minute to look back through them in case you haven’t noticed it yet.

Every single oath proscribed by or contained within The United States’ Constitution and/or federal statue, EVERY one, obligates the taker to preserve, protect, defend, uphold, support and/or administer justice agreeably to The Constitution of The United States, not the nation, not the people, not the business interests, not any person, concept, idea or entity other than THE CONSTITUTION itself. Furthermore, where any of the oaths mention enemies, it specifies enemies foreign AND domestic, ALL enemies of The Constitution, not enemies of the nation or the people but of THE CONSTITUTION. Thus, by my personal interpretation (and, I assume, that of everyone who demands a strict, literal interpretation of The Constitution), while the economy, national security, foreign, etc. are important concerns of our federal government, as provided for WITHIN The Constitution, the SINGLE most important duty of the President and every member of our federal government is to ensure the health of and obedience TO that constitution. ALL other considerations come after that one and NO duty or obligation is higher than it.

Every time I hear our President say that he “wants to look forward”, I want to cry. We cannot look forward or move forward by ignoring the past. What he is trying to do is build a wonderful new house upon a foundation that is very badly damaged. In such a case, it doesn’t matter how well you construct the house, it will not last because it must have a solid foundation. In fact, the bigger the house, the more important the integrity of the foundation is. Oaths matter, but so do the principles demonstrated by those who take those oaths. No matter what words we might choose, words are not actions and principles are demonstrated by our actions. A principle is only a principle if it is something you do even when it is difficult, inconvenient or could cause you, yourself, damage. If principles only required us to do things when they are easy or convenient, when there is no real cost associated with following them, then EVERYONE would be principled. Principles DO matter and what is shown to us by a person’s very real actions is what tells us what their principles truly are, not the words they tell us.

Therefore, I call upon Barack Obama, the 43rd President of the United States to uphold his constitutional oath of office and preserve, protect and defend The Constitution. I call upon him to repair the damage done to our constitutional government by past administrations and officials, elected and appointed. I call upon him to define what his powers are as President under The Constitution and to specifically repudiate those which are not consistent with the provisions of The Constitution, including the power to single handedly declare that he will not obey and uphold laws or treaties enacted by Congress simply because he doesn’t like them or to claim dictatorial powers to dispense with constitutional provisions (like habeas corpus, cruel and unusual punishment, right to speedy trials, legal advice and hearing all evidence presented against the accused.) upon his own whim. I call upon him to publicly repudiate the entire concept of The Unitary Executive and acknowledge the Constitutional invalidity of all exercises of such by ALL Presidents going back to the administration of Harry Truman. I call upon him to investigate and prosecute all officials and officers of The United States, in every branch and department of The United States who have ever done harm or damage to The Constitution, including by refusal to abide by legal and treaty obligations, up to and including war crimes committed within The United States and/or in the name of The United States by anyone in or working on behalf of The United States, up to and including former Presidents and Vice Presidents of The United States.

 To Mr. Barack Obama, 43rd President of the United States, I would like to personally say this:

Mr. Obama, I know that you were elected to be President of The United States for many reasons… our economy is bad and people thought you could fix it; our national reputation is tarnished and people thought you could improve it; we needed hope for the future rather than fear of it and people thought you could give that to us; and for so many other reasons both important and trivial. However, there were many people in this country, including me, who voted for you because our Constitution and our constitutional government have been horribly damaged over the course of the last eight years, if not over the last quarter of a century, and we believed that you could and would work quickly and aggressively to fix it, as well as to prosecute and punish those guilty of violating their own oaths to it and of doing harm to it.

No damage has EVER been done to our Constitution by any EXTERNAL enemies of our nation. Those who attacked us on Sept. 11, 2001 might have hurt our nation and killed our citizens, but they did not hurt our Constitution. The same is true of Timothy McVeigh and the bombing of the Alfred P. Murrah Federal Building on April 19, 1995. He attacked the people of the United States but he did not threaten or harm our Constitution. No external enemies of our nation ever did any damage to our Constitution in the 50s, 60s or 70s. All of that damage was done by domestic enemies who were attacking The Constitution from within… McCarthy, The House Un-American Activities Committee, J. Edgar Hoover, the Nixon Administration and many others. No damage was ever done to our Constitution by the Soviet Union or ‘international communism’ but rather by those Americans who thought that the Soviet Union was so dangerous that they had the right to violate our own laws as well as our Constitution. But in fear of communism, many threats to our Constitution result from the actions of our own Congress and administrations from Truman to Reagan. No foreign enemy has EVER harmed or even threatened our Constitution over the entire course of our history as a nation, but many domestic enemy have, and they have done so while wrapped tightly in the flag of and holding the symbols of The United States, going back to at least 1798 with The Alien and Seditions Acts. America may have been threatened many times in its history by enemies foreign and domestic, but no threats to our Constitution have ever come from external forces attacking us, they have ALWAYS come from our own internal rot.

I know it will be difficult to do. I know that it will cause political problems and turmoil. I know that it could precipitate a political civil war within this country. I know it would detract from other areas which you need to address, such as our economy. None of that matters however. The oath you took obligates you to do this. It isn’t a choice, it is a duty, and no one gets to pick which duties they will fulfill based on which ones are more difficult or unpleasant than others. Remember though, you are the person who is charged by the Constitution to execute the provisions of and laws according to it. In the end, your most important legacy will not be our economy, our wars, or our energy policies, or our healthcare system; those things are all transitory. In the end, your most important and lasting legacy will be what you demonstrate to the American people about what our Constitution and our constitutional government really mean. There is no one else, Mr. President, except you upon whose shoulders this duty falls. Please, do not let our nation, no, not our nation, please, Mr. President, do not let our CONSTITUTION down. I don’t think we can survive if you do.” 

Rhys M. Blavier

Romayor, Texas 

Truth, Justice and Honor… but, above all, Honor

© Copyright 2009 by Rhys M. Blavier