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Dead Constitution
See other Dead Constitution Articles

Title: Eric Garner 100% Innocent Under Libertarian Law
Source: [None]
URL Source: http://www.lewrockwell.com/2014/12/ ... nnocent-under-libertarian-law/
Published: Dec 13, 2014
Author: Ilana Mercer
Post Date: 2014-12-13 19:02:52 by Ada
Keywords: None
Views: 311
Comments: 13

Eric Garner was doing nothing naturally illicit when he was tackled and placed in the chokehold that killed him. It can be argued, if anything, that Garner was being entrepreneurial. He had been trading untaxed cigarettes in defiance of the state’s “slave patrol” and “Comrade” Andrew Cuomo’s “Cigarette Strike Force,” in the words of liberty’s Don Quixote, William Norman Grigg.

Had Garner’s naturally licit trade not been criminalized by today’s Tammany Hall, he’d be alive today.

“Garner,” wrote Grigg, “had suffered years of pointless and unnecessary harassment by the costumed predators employed by the New York Police Department,” when he declared, minutes before he was killed: “Every time you see me, you want to mess with me! I’m tired of it! It stops today!”

Noted Grigg: Eric Garner’s exasperated proclamation ‘It stops today!’ is cognate with ‘Don’t tread on me.’

The killing of Eric Garner was caught on camera and uploaded to YouTube. A grand jury, however, failed to see what was as plain as day to everyone else as well as to the city medical examiner. An autopsy revealed that the Garner death was a homicide, brought on, July 17, by “compression of the neck and chest, along with Garner’s positioning on the ground while being restrained by police.”

The footage also shows that the cops who jumped Eric Garner with such enthusiasm were oblivious to his repeated pleas for air. Neither was an attempt at resuscitation commenced once they realized Garner was unresponsive. Instead, the cops panicked, barking orders at observers to disperse.

Garner’s manner of death conjures the manner in which Carol Anne Gotbaum met her untimely demise, in 2008. Gotbaum, a petite, 45-year-old slip of a woman—she weighed 105 pounds—was likely asphyxiated in Phoenix’s Sky Harbor airport by some corpulent cops. She had become distraught—not dangerous—after she was detained at the airport and not permitted to proceed to her destination. Unhinged, Gotbaum took off down the concourse hollering. She was quickly scrummed by meaty policemen, tackled to the ground, a colossal knee jabbed into her skinny spine. Gotbaum was then thrown in a holding cell, where she was shackled and chained to a bench. Minutes later Gotbaum was dead.

Her bruised body was autopsied. As inevitably as water spiraling down a plughole, the police were exonerated. Famous forensic pathologist Dr. Michael Baden said: “… the most likely cause of death has to do with asphyxia and could be a result of too much pressure on her chest when they were putting on the handcuffs and the shackles.”

Carol Anne Gotbaum was white. Cops are equal-opportunity offenders. Factoring into account the disproportionate representation of blacks among the population of law-breakers, cops aggress against whites and blacks more or less equally. (Except that whites don’t riot and loot.)

Not to be conflated are the cases of Eric Garner and Michael Brown, of Ferguson fame. While the evidence of police wrongdoing in Garner’s death is incontrovertible, the reverse is true in Brown versus Officer Darren Wilson.

As the evidence shows, Michael Brown initiated aggression. He had aggressed against the store keeper and the policeman, who protected himself from this rushing mountain of flesh. In libertarian law, the individual may defends himself against initiated aggression. He may not initiate aggression against a non-aggressor.

Eric Garner, on the other hand, had aggressed against nobody. Whereas Brown was stealing cigarillos; Garner was selling his own cigarettes. The “law” he violated was one that violated Garner’s individual, natural right to dispose of his own property—“loosies”—at will.

In libertarian law, Garner is thus 100 percent innocent. For the good libertarian abides by the axiom of non-aggression. When enforcers of the shakedown syndicate came around to bust him, Garner raised his voice, gestured and turned to walk away from his harassers. He did not aggress against or hurt anyone of the goons.

To plagiarize myself in “Tasers ‘R’ Us,” “Liberty is a simple thing. It’s the unassailable right to shout, flail your arms, even verbally provoke a politician [or policeman] unmolested. Tyranny is when those small things can get you assaulted, incarcerated, injured, even killed.”

Again: Garner had obeyed the libertarian, natural law absolutely. He was trading peacefully. In the same spirit, he turned to walk away from a confrontation. Befitting this pacific pattern, Garner had broken up a street fight prior to his murder.

The government has a monopoly over making and enforcing law— it decides what is legal and what isn’t. Thus it behooves thinking people to question the monopolist and his laws. After all, cautioned the great Southern constitutional scholar James McClellan, “What is legally just, may not be what is naturally just.” “Statutory man-made law” is not necessarily just law.

Unlike the positive law, which is state-created; natural law in not enacted. Rather, it is a higher law—a system of ethics—knowable through reason, revelation and experience. “By natural law,” propounded McClellan in “Liberty, Order, And Justice,” “we mean those principles which are inherent in man’s nature as a rational, moral, and social being, and which cannot be casually ignored.”

Eric Garner was on “public” property. Had he been trespassing on private property, the proprietor would have been in his right to remove him. However, Garner was not violating anyone’s rights or harming anyone by standing on a street corner and peddling his wares—that is unless the malevolent competition which sicced the cops on him has a property right in their prior profits. They don’t.

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#1. To: Ada, 4 (#0)

More Rockwell Big "L" spew.

About the author: Ilana Mercer is a writer, born in South Africa to Rabbi Ben Isaacson and raised in Israel, where the family decided to move after Rabbi Ben Isaacson's anti-apartheid preaching and activism led to their harassment by South African security forces.

Jethro Tull  posted on  2014-12-13   19:46:49 ET  Reply   Trace   Private Reply  


#2. To: Jethro Tull (#1)

www.copblock.org/87370/mi...-questioning-authorities/

______________________________________

Suspect all media / resist bad propaganda/Learn NLP everyday everyway ;) If you don't control your mind someone else will.

titorite  posted on  2014-12-13   20:59:45 ET  Reply   Trace   Private Reply  


#3. To: Jethro Tull (#1)

So the article is a "lie" because the author is Jewish?

Ada  posted on  2014-12-14   6:39:29 ET  Reply   Trace   Private Reply  


#4. To: Ada (#0)

The evidence does not show that Mike Brown initiated aggression against Darren Wilson . Officer Wilson's version of events says that but, from a libertarian point of view, there is no reason to automatically assume he is telling the truth simply because he is a cop.

strepsiptera  posted on  2014-12-14   9:11:25 ET  Reply   Trace   Private Reply  


#5. To: Ada (#0)

Eric Garner was on “public” property. Had he been trespassing on private property, the proprietor would have been in his right to remove him. However, Garner was not violating anyone’s rights or harming anyone by standing on a street corner and peddling his wares—that is unless the malevolent competition which sicced the cops on him has a property right in their prior profits. They don’t.

Absolutely correct. But, the reality is there is no such thing as public property anymore. It all belongs to the state and its enforcers.

To question is to value the ideal of truth more highly than the loyalties to nation, religion, race, or ideology.

christine  posted on  2014-12-14   9:36:24 ET  Reply   Trace   Private Reply  


#6. To: Ada (#3)

So the article is a "lie" because the author is Jewish?

The article is fatally flawed b/c it's premise - Libertarian Law - is an absurd hypothetical *and* the author is an anti-apartheid Jew.

You have a twofer here Ada, bravo!

Jethro Tull  posted on  2014-12-14   10:45:56 ET  Reply   Trace   Private Reply  


#7. To: Ada (#0)

It is all about control and taxing the people

Darkwing  posted on  2014-12-15   8:05:50 ET  Reply   Trace   Private Reply  


#8. To: Ada (#0)

However, Garner was not violating anyone’s rights or harming anyone by standing on a street corner and peddling his wares

I can agree with this while condemning the rage against the NYC police. I don't see a contradiction. The police are not to blame for laws that we might (on a case by case) think are unfair.

NYC has become a safer place over the past 40 years. I'm think prohibition of activities such as peddling loosies has something to do with this. Is there another way? I'm sure. Have mayoral and conciliar directives to the NYC police helped to deliver this relative improvement? I'm also sure.

The main issue for me: Garner is not a poster boy for police brutality against blacks. There must be better examples than someone who has been arrested so many times for such a wide variety of crimes.

Security doesn't trump liberty, but Garner's untimely passing is no cause to riot.

Deasy  posted on  2014-12-16   7:09:58 ET  Reply   Trace   Private Reply  


#9. To: Deasy (#8)

Garner was not killed for being black but to enable the cops to make their quota of arrests. Garner and the cops knew each other quite well and arrested him often. He never resisted.

Ada  posted on  2014-12-16   17:08:46 ET  Reply   Trace   Private Reply  


#10. To: Ada (#9)

I've seen the video. He was a giant man waving his massive hands around like small windmills. He even stated that he'd had enough harassment. That's not the sort of thing one should be saying during an arrest. His best bet would have been to follow orders, his right to remain silent strictly asserted, and work with his court-appointed attorney.

Deasy  posted on  2014-12-17   0:04:37 ET  Reply   Trace   Private Reply  


#11. To: Deasy (#10)

IIRC he has not being arrested for selling loose cigarettes but for objecting to someone else being arrested. He had a right to protest and even wave his arms like a windmill.

Ada  posted on  2014-12-17   14:06:19 ET  Reply   Trace   Private Reply  


#12. To: Ada, All (#0)

Why didn't Eric Garner make a business plan and open up his own tobacco shop?? He could have asked Al Sharpton and Jesse Jackson for professional assistance in establishing a store-front with at least a micro-loan, right?? After being arrested at least 31 times wouldn't a very dim light bulb turn on in his head???

 photo 001g.gif
“With the exception of Whites, the rule among the peoples of the world, whether residing in their homelands or settled in Western democracies, is ethnocentrism and moral particularism: they stick together and good means what is good for their ethnic group."
-Alex Kurtagic

X-15  posted on  2014-12-17   14:18:06 ET  Reply   Trace   Private Reply  


#13. To: X-15 (#12)

According to his wife, he was fat and lazy. Not a capital crime.

Ada  posted on  2014-12-17   17:19:48 ET  Reply   Trace   Private Reply  


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