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August 23, 2002 - Updated
September 19, 2002
Rights,
War, and Treaties
by Gordon Francis Corbett
We all love our freedom; but to keep it, we must
understand it. The branch of philosophy that
explains freedom is called, "ethics." The section
of ethics that covers how we should treat our
fellows is called, "the natural law."
The natural law rests upon the concept of
rights. Ayn Rand noted that a right "is a moral
principle that defines and sanctions a man's
freedom of action in a social context." Every
person has the same rights. Rights let us do
anything except hurt another's rights; they let us
stop someone's action only if it would hurt
another's rights.
Consequently, Sheldon Richman explains, every
person is surrounded by "a zone of sovereignty." We
can defend that zone with fists, feet, or even
firearms; and, usually, those means suffice.
Nevertheless, sometimes, defending our rights
requires help.
To obtain it, we hire public guardians. We
sanction their use of force against our fellows and
ourselves, but at a risk. If they fail in
protecting our rights, we suffer. If they abandon
protecting our rights, we suffer. William Cullen
Bryant said, "...nor yet, O Freedom! close thy lids
in slumber, for thine enemy never sleeps..."
To set our guardians' tasks, and to ensure that
they do no more, our Founding Fathers drew, from
their knowledge of history and of that part of the
natural law called "politics," the wisdom they put
into our Constitution. They gave our guardians
limited specific powers, whose legitimacy would
flow from the rights we would pay them to
protect.
The Founding Fathers gave the government no
power to defend foreign nations, except for an
implicit sanction when Congress has declared war
and the foreign countries and we are fighting the
same enemy.
We can see why. Foreign nations, by definition,
are foreign. Their citizens do not believe in our
institutions. They do not vote here. They do not
pay taxes here. They are not part of America, and
therefore, barring a declaration of war, we can
give our guardians no legitimate power to defend
them.
This is why we should fight no nation unless it
has attacked the United States, or our citizens
abroad, or we know that it intends to do so.
Nevertheless, some argue that we make our rights
more secure by joining "mutual-defense" pacts.
Allegedly, their members keep the peace by
promising to attack any nation that assails any
member. So, our joining enables our public
guardians to ask our fellow members for help in
protecting our rights.
Actually, because they enlarge wars, alliances
endanger citizens' rights.
Consider World War I. On 28 June 1914, a Serbian
assassin murdered an Austro-Hungarian archduke and
his wife. Austria-Hungary declared war on Serbia;
Austria-Hungary's ally, Germany, declared war on
Serbia's ally, Russia, and two days later, declared
war on Russia's ally, France; and, when Germany
maintained that it would cross neutral Belgium to
attack France, Belgium's ally, Britain, declared
war on Germany. After years of selling Britain war
goods behind a façade of false neutrality,
we entered the war formally in April of 1917 and
helped to defeat Germany.
World War I killed millions of innocents.
Afterwards, European diplomats re-drew Europe's
map. During the coming years, they formed more
alliances. One was Britain's and France's promise
to defend Poland, which set the stage for World War
II.
In August of 1939, Germany and the Soviet Union
made one more promise. They agreed that seventeen
days after Hitler attacked Poland, Stalin would
invade it; then, the two dictators would divide
their prize. Most promises were mostly kept. Hitler
attacked; Stalin invaded; Poland disappeared under
German and Russian boots. Britain and France
declared war on Germany, but not on the Soviet
Union.
Hitler sliced through France in 1940, but the
English Channel, British cryptanalysis, and the
Royal Air Force saved Britain. Early in 1941, to
help Britain fight, we began sending them
Lend-Lease aid in British convoys escorted by
American naval vessels. In June of 1941, Hitler
attacked Stalin. After Japan attacked Pearl Harbor,
we entered the war formally. Hitler declared war on
us, and we joined Britain and the Soviet Union in
smashing Italy, Germany, and Japan.
World War II killed more millions of
innocents.
Anti-interventionists question our secret sales
of war goods to Britain before we entered World War
I, because we were at peace. They question our
eventual entry, too, because no nation had attacked
us or declared war on us. Regarding World War II,
they question the morality of our giving Britain
aid, and, especially, of having our Navy escort the
British convoys carrying it, while we were still at
peace.
According to the Veterans' Administration, these
two World Wars cost us 521, 915 men.
President George Washington knew that alliances
could endanger our rights. That is why, in his
Farewell Address, he recommended allying only
rarely and briefly to attain specific goals.
Only derivation from our rights can legitimate
any treaty. Mutual-defense agreements commit
members at peace to defend members at war; when we
are at peace, our citizens' rights sanction our
guardians' defending only us; so, no American
membership in any such pact can be legitimate.
Some remonstrate that these pacts protect the
powerless against the powerful. They forget that,
in joining them, our powerful betrayed our
powerless.
Consequently, we should denounce all
"mutual-defense" pacts, warning that after their
specified withdrawal-periods, our allies will have
to defend themselves. If a treaty names no period,
we should create one. Then, we should return to
President Washington's policy of
non-intervention.
"Europe," with or without the quotation-marks,
would need little or no time. Israel ditto. Latin
America would suffer no threat from overseas if we
were to enforce the Monroe Doctrine. If we have
promised to defend any African country, we should
not do so after the specified period.
As for Asia Major, we could compensate the
Republic of China for ending our pledge to defend
it against the Chinese Reds by giving it nuclear
missiles.
How would returning to non-intervention affect
our disputes with Iraq and Iran? The answer depends
on what these nations have done, and plan to do, to
us.
Some say that our not attacking these regimes
would constitute appeasement. They are wrong. We
could appease these governments only by yielding to
any threats, or by ignoring any attacks, from
either nation. So far, our public guardians have
ascribed to them no threats or attacks.
The Iraqi and Irani governments are abhorrent,
but their owning chemical, biological, or
radiological weapons should make us declare war on
them only if they explode them, or plan to explode
them, in our country.
Having said that, whoever ordered the attacks on
the World Trade Center, on Flight 800, or on Flight
587, has earned death. To deter further violations
of our rights, our public guardians must deliver
it. The President must identify the sponsor;
Congress must declare war on that nation; and our
Armed Forces must attain absolute victory.
Corbett
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