Tuesday, October 8, 2024

Libertarian Nationalism 2024

 

Libertarians and Nationalists
A New Generation Arises

"In a battle between force and an idea,
 the latter always prevails." 
Mises, Liberalism

The Western World is in turmoil, with tens of millions of refugees from across the world coming toward North America and Europe UNHCR. Demographics are being changed as millions risk everything to escape intolerable conditions. Wars continue to grind out refugees and grind down civilized values, with the wars in Ukraine and the “Holy Land” poised to become regional conflicts risking World War III.

Reacting, people of European heritage, on both sides of the Atlantic, and in places like Australia and New Zealand, are organizing to defend what they see as threats to their freedoms and cultures.  

The old political consensus in Western countries favoring personal liberty and a market economy is at risk from statists of the Left as well as from some "command economy" supporters on the Right.  

Lysander Spooner, great 19th Century American Libertarian lawyer, pointed out that the Old World's aristocratic tyrannies were grounded in what he called the 'four monopolies': state churches, chattel slavery, the 'legal infirmities' of women and government economic monopolies.  He saw all these old institutions collapsing. 

History proved him correct, but other tyrannies developed. These include public tyrannies such as state schools, state ‘healthcare’ and central planning through central banks with state-monopolies over fiat ‘money.’ They also include ‘private’ institutions such as globalist-dominated NGOs (nongovernmental organizations) and publicly traded, but ostensibly private entities such as YouTube, Facebook and Google.

The disempowered young on the extremes of the political divide, many of whom might have been in military formations in centuries past, have been taking to the streets, no matter which end of the spectrum, in increasing numbers.

This includes the World-Wide Rallies and Trucker Convoys of 2021/22 , the mass MAGA rallies of ‘23 and ’24, and the rapidly growing revolt of the UK and EU Right, all of which involve millions across the globe, opposing further censorship, lockdowns and mandates.

American and European youth are forming 'fight clubs' and other groups (examples: 'Active Clubs', the Patriot Front and the Proud Boys), encompassing every nuance from an individualist libertarian ethos through the 'hard right' of American Nationalists. 

Example: the dozen Tenets of the Proud Boys include several strictly libertarian (maximum freedom, minimal govt.) as well as 'hard right' (closed border) and traditionalist values ('venerate the housewife').

That's a wide spectrum.  Can there be any intersectional correspondence between libertarian individualists and corporatist nationalists?  

This is not an academic question since there are now a number of credible crises that may play out, putting us all on the battlefield of a third world war -- or we may be facing our own "1346 Event" (the year of the Black Death that killed half of Eurasia) mediated, this time, by global immune system collapse, triggered by mass adverse reactions to the novel gene-altering COVID and more recent similar 'jabs').

Meanwhile on the battlefield in Ukraine... quite literally thousands of nationalist and other militants from all over Europe have gathered, forming Freikorps to fight for Russia or Ukraine.  'Nazi' regiments and 'Anarchist' cooperatives are fighting together ‘for Ukraine’.

Alliances on the Right are controversial; for a hundred years both libertarians and nationalists glared at each other, recently across the social media, (watching each other’s edgy videos of sparing, banner drops, hiking and protests) while at the same time standing against the Left, such as Antifa.

It is said that FDR and his first cabinet were fans of fascism. One commentator opined,

"Roosevelt himself once called Mussolini 'admirable,' adding that he was 'deeply impressed by what he has accomplished.' Mussolini returned the compliment with adulatory praise...” Daily Caller

This suggests a 'forgotten history' that may illuminate our question regarding the alliances on the Right and Left. Also consider the prior century (the 19th of the Common Era) when the theory of the omniscient State was developed by statists and opposed by proto-libertarians (such as Max Weber and Lysander Spooner).

The theory they opposed, that the State was a special type of organization, has ancient roots, growing from the 'divine right of kings'. Centuries later Marxists called for a 'dictatorship of the proletariat' justified by the 'force' of history. It was in the early 20th Century that the political theory was given a name, the State of Exception.

That ‘State’ is the legal theory justifying tyranny asserted originally by the German Jurist (and later Nazi) Carl Schmitt and strongly criticized by libertarian philosopher Murray Rothbard.

Schmitt saw the unlimited powers of the totalitarian state as arising from a permanent state of emergency, a "State of Exception" which allowed ruling elites to act arbitrarily, capriciously and without adherence to the rule of law. Libertarians hold there can be no 'emergency' exception to inalienable rights.

Centrally planned economies fail, whether of the "Right" or the Left.  World War Two discredited fascist theory just as the collapse of the USSR a few decades later discredited Marxism-Leninism. How did the two political movements 'on the Right' (libertarian and nationalist) react to each other over the century in which the theories of both movements developed?

Ludwig von Mises, the 20th Century's great philosopher of liberty, left his native land, Austria, in 1934, the year the Austrofascists took over. After a time in Switzerland he spent the war and post-war years in the United States where he mentored what has become a world-wide libertarian economic and political movement.

We have recently seen an avowed libertarian become President of Argentina and the Republican Candidate for US President appear before the Libertarian Party Convention engaging in direct, public ‘negotiations’ with the Party for libertarian support. He offered to include libertarians in his administration, including in a commission designed to quickly pardon January 6th and other political prisoners.

Mises pointed the way toward a libertarian nationalist approach with his understanding of classical liberalism’s cosmopolitanism – 

“...nationalism does not clash with cosmopolitanism, for the unified nation does not want discord with neighboring peoples, but peace and friendship.” L. von Mises, Nation, State, and Economy, 1919

Or, as Jefferson put it, “Peace, commerce, and honest friendship with all nations... entangling alliances with none.”

Both seek a wholesale planetary divesting of authority from globalist political systems used to micro-manage Human Action. 

Every regulation abolished, every tax reduced, is a victory for humanity. The strategy must be, ‘Abolish multiple old regulations for any new one proposed" -- and the same as to taxes and bureaus.

Nonetheless, Mises was accused of being 'soft' on fascism by various Marxist scholars, as he thought Italian Fascism was to be acknowledged for stopping a Communist takeover there. His condemnation of fascist policies is clear:

"That its foreign policy, based as it is on the avowed principle of force in international relations, cannot fail to give rise to an endless series of wars that must destroy all of modern civilization requires no further discussion. To maintain and further raise our present level of economic development, peace among nations must be assured. But they cannot live together in peace if the basic tenet of the ideology by which they are governed is the belief that one's own nation can secure its place in the community of nations by force alone." Mises, Liberalism

Both collectivist political movements, Communists and Fascists, espoused the same morality of 'might makes right' and supported central planning and government domination over all of social life. Left or Right, statism supports dictatorship, central planning and economic exploitation of the Market by the Government.

This is a critical point at which both Left and Right statism can fail: they do not understand market economics and the inescapable laws of the market. 

Both tendencies on the Right (nationalism and libertarianism) see, in common, cultivating manliness among the youth as a significant value, in direct opposition to the Left's championing of Critical Race Theory's offspring, Critical Sex Theory, with its emphasis on 'metrosexual' feminized males and non-binary or trans persons.

Both see themselves as the 'True Right', as Rothbard might have called it. Both seek to build lasting communities of like-minded, self-actuated, and politically active, men and women who value individual effort, physical prowess, and intellectual achievement.

In this way the new Western Chauvinists stand not just against the Left, but more importantly, stand against the globalist elite that seeks to manipulate both Right and Left, exercising especially strong control over popular Leftist causes such as 'climate change' and 'systemic racism'.

Ultimately, it is dissatisfied individuals, engaging in Human Action, guided by Informed Consent, who will set the underlying economic and social conditions which will determine how Western Civilization will develop in the coming decades and centuries.

It was Mises who defined the first principle of Human Action (praxeology) as "Humans act purposefully". Arising from that understanding, all Human Action is predicated on dissatisfaction. 

The youth of the world are profoundly dissatisfied, none more so than Westerners of European heritage.  

Beware, as a new generation arises.

There is one step we can all take right now:  #ExitUN

https://PreventGenocide2030.org

Thursday, August 15, 2024

Fortified Functional Food


The concept of Functional Foods is a market concept, not an FDA regulatory category, not subject to FDA control. It was created as a response to perceived consumer desires that were not addressed by the laws and regulations governing dietary supplements, including the Dietary Supplement Health and Education Act of 1994, passed unanimously by Congress, which secured Americans' right to speak more freely about the benefits of nutrients. While a major step forward, DSHEA continued some restrictions on speaking the truth about food and health.

We did move beyond the prior era when FDA raiders would tear the "Health Food" sign off health food stores as we were not permitted to associate 'health' and 'food' together. Now we could speak truthfully about the relationship between nutrients and the normal structure and function of the body. That was a partial victory which engendered the vibrant natural products industry in America and globally that is heading toward a trillion dollars a year! [1]

The concept of Functional Foods developed from the need to describe the functional benefits of food to a growing marketplace. One definition proposed for the concept was, 

"Functional foods cover a variety of foods. Minimally processed, whole foods along with fortified, enriched or enhanced foods, can all be functional foods. Generally, these foods have a potentially beneficial effect on health when consumed on a regular basis and at certain levels." [2]

Certain Functional Foods, such as, say Orange Juice as a source of Vitamin C, provide their benefits as they are, naturally. Other foods, when fortified with nutrients, can provide even greater benefits. "Another area that is often questioned is food fortification — when products include added

vitamins and other nutrients. Fortified foods can have a place in a healthy eating plan. Some may help to provide nutrients that might be low or missing.

For example, there are only a few foods that naturally contain vitamin D, so products that are fortified with it, such as milk, are a main source of vitamin D for many people." [3]

Thus Fortified Functional Food is a category of nutrition which has potential benefit when fortified with more of the key nutrient, or with other nutrients that complement the key nutrient in the food. Such foods are not used merely to 'supplement' the diet, as allowed by DSHEA, but to provide health benefits that go beyond mere supplementation.

Such Fortified Functional Foods, in their most sophisticated formulations, may very well qualify as Medical Foods, permitted under the Orphan Drug Act Medical Food provision, to be recommended by a physician for the dietary management of a health condition. Thus, Fortified Functional Foods may claim more than just 'supporting' normal form and function. The act states that such foods are

"...intended for the specific dietary management of a disease or condition for which distinctive nutritional requirements, based on recognized scientific principles, are established by medical evaluation….” [4]

In 2004 WHO, the World Health Organization, defined NCDs, the “preventable noncommunicable diseases of under nutrition…” (such as cancer, diabetes, heart disease, obesity) as a major health concern that can be addressed through a "strategy [that] includes the promotion of a healthy diet." [5]

Fortified Functional Foods are intended to promote wellness through providing targeted nutrition based on the on-going development of nutritional science.

Ralph Fucetola JD [6]
Institute President
www.VitaminConsultancy.com

Reposted from:  https://inhere.org/wp-content/uploads/2024/07/IHR-FunctionalFoods.pdf

-------

[1] https://www.businesswire.com/news/home/20210121005382/en/Global-1.1-Trillion-Healthand-Wellness-Foods-Market-to-2027-U.S.-Accounts-for-Over-28.9-of-Global-Market-Size-in2020-While-China-is-Forecast-to-Grow-at-a-7.5-CAGR-by-2027---ResearchAndMarkets.com

[2] https://www.eatright.org/health/wellness/healthful-habits/functional-foods

[3] Ibid.

[4] Section 5(b) of the Orphan Drug Act (21 U.S.C. 360ee (b) (3))

[5] https://www.unnutrition.org/sites/default/files/2024-02/NCDs-Diets-Nutrition%20brief-ENWEB.pdf

[6] Retired Attorney at Law (1971 -2006): www.VitaminConsultancy.com

Monday, May 13, 2024

The UN Charter is Not a Binding Treaty!

 

LEGAL MEMORANDUM
Is the United States in a Treaty Relationship
with the United Nations?

Questions:

Is any participation and funding of the United Nations (and its subsidiary and/or associated organizations) legal?

Did the 1945 signing of the United Nations (UN) Charter and the US Senate vote authorizing the President’s signature create Treaty obligations binding on the United States?

Was the UN Charter ratified as a Treaty by the US Senate or is it merely a contract between the United States and an international association?

Is the absence of the required deposit of the formal Instrument of Ratification evidence that the UN Charter was not lawfully ratified?

Are the UN Charter and related UN documents (such as the WHO Constitution) binding on State governments under the Supremacy Clause of the US Constitution?

Are the UN Charter and related UN documents binding in any way on the United States?

What binding obligations does membership in the UN (and its subsidiary organizations) impose on the United States?

Was the manner in which then President Harry S. Truman presented the Charter to the US Senate unconstitutional as conceived in deceit, maintained in deceit and thus ultra vires, beyond the power of the President and Senate?

Facts & Law: 

[A] At the end of World War Two the victorious powers negotiated the establishment of a successor to the League of Nations, to be called the “United Nations.”  The UN Conference in San Francisco, in the spring and early summer of 1945, following the defeat of Nazi Germany, adopted the Charter and it was opened for signatures. President Truman was present at the Conference when the US Secretary of State signed the Charter, June 26, 1945. [1]

[B] In Article 110 the Charter requires its ratification:

  1. The present Charter shall be ratified by the signatory states in accordance with their respective constitutional processes.
  2. The ratifications shall be deposited with the Government of the United States of America, which shall notify all the signatory states of each deposit as well as the Secretary-General of the Organization when he has been appointed.
  3. The present Charter shall come into force upon the deposit of ratifications by the Republic of China, France, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, and by a majority of the other signatory states. A protocol of the ratifications deposited shall thereupon be drawn up by the Government of the United States of America which shall communicate copies thereof to all the signatory states. [2]

[C] Harry S. Truman, the President of the United States, and a former Senator, personally took the Charter to the US Senate asking for ‘advice and consent’ to join the United Nations.

[D] On July 28, 1945 the Senate held a Roll Call vote, as the Congressional Record shows [3]:

The Congressional Record states:

“Two-thirds of the Senators present concurring therein, the resolution of ratification is agreed to, and the treaty is ratified.”

[E] The US State Department, as official Depository, has published a document showing the ratifications of the original members. This excerpt shows the initial US signing of the Charter by the Secretary of State in June of 1945 and the date in August of 1945 when President Truman signed the Charter while he was in Europe at the Potsdam Conference [4].

[F] While the National Archives shows a photo of President Truman signing the actual Charter on August 8, 1945. There is no record of a formal “Instrument of Ratification” on file with the Depository, as required by the Charter itself. [5] [6]

[G] The US Constitution provides, Article VI:

“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby”

[H] The Vienna Convention on Treaties (VCLT) defines Treaties as contracts between sovereign states.

” Article 1 – Scope of the present Convention

The present Convention applies to treaties between States.

Article 3 – International agreements not within the scope of the present Convention

The fact that the present Convention does not apply to international agreements concluded between States and other subjects of international law…” [7]

[I] Congress initially adopted the UN Participation Act in 1945 [8] after President Truman signed the Charter.  While the Act provides for an ambassador-rank US Representative appointed by the President with the advice and consent of the Senate it does not authorize US participation in the United Nations.

Discussion:     The United States relationship with the UN is unconstitutional, conceived in deceit, maintained in deceit and is thus ultra vires.

Harry S. Truman assumed the office of President of the United States when President Roosevelt died on April 12, 1945.  Previously he had been Vice-President of the United States and President of the Senate, of which he had been a member prior to becoming Vice-President.

In an unprecedented act, Truman personally presented the United Nations Charter to the US Senate and spoke to the body in favor of participating in the UN. He stated, among other points:

“I am appearing to ask for the ratification of the Charter… in accordance with the Constitution. …  For this is not a static treaty…” [9] (Emphasis added)

Although the President pro tem of the Senate inaccurately characterized the Charter of the United Nations as a “treaty” the President of the United States specified it was not a “treaty.”

This inconsistency suggests that the Senate was misinformed regarding the nature of the document. This situation is further exposed by the US State Department’s official compendium of Treaties in Force [10] which does not list the UN Charter as a Treaty in force.

The Vienna Convention on Treaties is clear: international agreements, such as Charters, are not treaties.

Therefore, by the preponderance of relevant authorities, the Charter is not a treaty. Despite the incorrect use of the word “treaty” in the Congressional Record, UN decisions do not trigger the “Supreme Law of the Land” clause of the Constitution.  The UN Charter was conceived, presented and maintained by deceit.  Any action by the US Government in furtherance of participation is ultra vires and void as unconstitutional.

Thus, State (and local) governments are not bound to follow UN dictates, including those issued by such subsidiary UN bodies as the World Health Organization.

Further, continued participation in the UN and its subsidiary organizations, commitment of resources or public funding of same, on the basis of their alleged “treaty” status, is an unlawful act.

Respectfully submitted,

Ralph Fucetola JD
Attorney at Law: 1971 – 2006

--------------------

[1] http://www.sfmuseum.org/un/signing.html
[2] https://www.un.org/en/about-us/un-charter/full-text
[3] https://www.senate.gov/about/resources/pdf/un-charter-roll-call-vote-1945.pdf
[4] https://2017-2021.state.gov/wp-content/uploads/2019/03/298-UN-Charter.pdf
[5] https://www.trumanlibrary.gov/photograph-records/64-50
[6] https://history.state.gov/historicaldocuments/frus1945v01/introduction
[7] VCLT: https://legal.un.org/ilc/texts/instruments/english/conventions/1_1_1969.pdf
[8] UN Participation Act of 1945: https://www.govinfo.gov/content/pkg/COMPS-1090/pdf/COMPS-1090.pdf
[9] https://www.trumanlibrary.gov/library/public-papers/69/address-senate-urging-ratification-charter-united-nations
[10] https://www.state.gov/wp-content/uploads/2020/08/TIF-2020-Full-website-view.pdf

Friday, February 2, 2024

Devolution USA

 Devolution USA


Maybe It Is Time to Seriously Discuss Peaceful Devolution USA

Will the United States survive as a highly centralized, bureaucratic nation state? This memo assumes the nation will fracture in the near future. What do Americans really want? Do their choices, and their votes, matter?

Hundreds of thousands of Californians and New Yorkers have ‘voted with their feet’ and moved mostly to Texas and Florida.  Many Texans, for example, want to leave the Union again [1] and become an independent nation again. [2] The USA seems to be coming apart at the seams.

So it might be time to revisit the foundational document of the federal system: the Declaration of Independence.

"That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness." -- United States Declaration of Independence

For the first time in a century and two thirds Americans face the real prospect of irreparable differences among large geographic areas of the federation. Many fear that we are on an irreversible path toward a civil war between the over-populated coastal urban centers and the food and fuel producing interior regions they depend upon.  

This map shows states supporting Texas’ efforts to secure the international border as the federal authorities fail to do so.

A second civil war would be a struggle for control by the urban elites or autonomy for the interior regions. The electorate appears nearly evenly divided, with no clear majority, although I suspect in 2020 the Regime Uniparty ‘transferred’ about 5 million votes from the Green and Libertarian Parties to put the Biden Remime in power.  It currently looks like the Regime holds all the levers of Federal power... Congress, the presidency and the highest courts are all compromised.

This time it must not be like what happened in 1860/65 when the Federal Government destroyed dozens of American cities and about a million and a half Americans died in the war and subsequent famine (mostly, BTW, former slaves) during a failed attempt to split the Federation. 

Furthermore, the Law of Nations has evolved substantially since the War Between the States, with the right of national self-determination generally trumping ‘recognized’ nation-state boundaries.

Would people support an Institute for Peaceful Secession [the IPS] which would study how peaceful secession and dismantling of the Union could occur?

The Institute could study relatively peaceful examples from history, like the Czechoslovak "Velvet Revolution" and the break-up of the USSR or British Empire.

What would we actually have to do to peacefully replace the United States of America and its authoritarian legislative, judicial, executive/military bureaucracy with true guardians for our liberties? 

Maybe that new structure could be called the American States' Common Market or the New American Confederation.

A new Declaration of Full Independence is needed, clearly protecting those states that choose to move from subservience to federal authority and, for example, gaining power to opt-out of international agencies such as the WHO.

Americans would most likely need a free trade treaty among the States. This could include joint international border controls, but free internal travel and trade for citizens of the States. States with similar policies might form collaborating blocks, coordinating activities. Or they might not. Freedom for individuals and localities should be primary.

That was the original concept of the Confederation that existed before the Constitution of 1787 and is within the purview of the Declaration of Independence which reserves to the people the "...right, [the] duty, to throw off such Government, and to provide new Guards for their future security."

Americans have lived under three separate polities since declaring independence: the Continental Congress [1774 – 1781], the Confederation [1781 – 1789], and the Federation under the Constitution of 1787 [1789 – present]. Planning for a Fourth Republic should not be unthinkable.

The first step toward making a New American Confederal Republic a reality would be studying and publicizing how to do it peacefully.

A bit over twenty-five years ago the arguable most powerful and largest imperial government on earth, that of the USSR, disappeared -- nearly without warning and, surprisingly, with little bloodshed.

Many areas, like Ukraine, which had been part of the empire since the 1700s, became independent nations again.  

It was just a few years before that the head of the Red Army bragged that the "correlation of forces" had shifted decisively to the USSR and against the West.  We all know what happened and the suffering of millions as the old regime collapsed without any planning.  

While the peoples of the former USSR are now much better off than before, it took a quarter century for them to be able to enjoy the freedoms their resistance to Red Tyranny had at least partially regained.

We could face similar horrific hardship unless we plan for the devolution of the Third Republic.

There is already a state-supported body known as the Uniform Law Commission which can serve as a model. It developed the Uniform Commercial Code among other model state laws and is an example of cooperation among the States. [3] 

Another approach would be for those States, like Texas, that are distressed by the CCP-backed Coup of 6 January 2021, when Congress was panicked into approving the stolen election, leading to the current border crisis, to demand the convening of a Convention of the States to revise the Constitution of 1787, as provided in that document. [4] 

That body could reform the Federal System and, perhaps, preserve the Union. While we all hope saner leaders prevail, we must face the historic fact that every nation has changed over time, often in revolutionary ways. What is the average longevity of a Republic?  Even the strongest last just a couple of centuries. [5]

Change will happen.  The alternative to destructive change is preparation -- prepping for the inevitable. 

What basic principles could inspire a movement for the peaceful Devolution USA?

Here are some that might be considered:

1.      Do No Harm; one Civil War was enough.

2.      Keep the national common market with no internal tariffs and external tariffs limited to funding ports and border control.

3.      Common national security based primarily on State forces and militias; maintain the Marines & Space Force.

4.      Common peaceful international relations, no overseas bases, with the States retaining power to opt-out of Federal regulations or treaties and other international agreements that require State action to implement.

5.      Allowing of market-based currencies free from political and central bank manipulation.

6.      Devolve all government activities not explicitly stated in Article One, Section 8 of the Constitution of 1787 from the national government to the States; strictly enforce the 9th and 10th Amendments.

7.      Maintain the Bill of Rights (first ten amendments), the 13th and other personal rights amendments.

8.      Collaboration among the States, without requiring Federal approval.

The Free Republic can be re-imagined for the modern world with its global communications and markets, but only if the stultifying power of the Federal Bureaucracy is abolished.

Comments?

If you are interested in further exploring Devolution USA, please follow this Group on Telegram:  https://t.me/+jjRoN9E9zYdiYjJh

By:  Ralph Fucetola JD
Retired Attorney at Law
ralph.fucetola@gmail.com

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[1] https://en.wikipedia.org/wiki/Texas_Independence_Referendum_Act 

[2] Texas Declaration of Independence, 1836  https://texashistory.unt.edu/ark:/67531/metapth5872/m1/1071

[3] "The Uniform Law Commission, also called the National Conference of Commissioners on Uniform State Laws, is a non-profit, American unincorporated association. Established in 1892, the ULC aims to provide U.S. states with well-researched and drafted legislation to bring clarity and stability to critical areas of statutory law across jurisdictions"  https://uniformlaws.org/home

[4] https://conventionofstates.com/

[5] https://www.dailysignal.com/2020/02/17/most-world-powers-last-250-years-is-americas-expiration-date-near/

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