Tom DeWeese President of the American Policy Center Discussing Property Rights & How to Keep Them 3pm Monday March 29, 2021on KWRO.com
Why Private Property Matters
Prosperity – Stability - Freedom
By
Tom DeWeese
Most Americans tend to think of private property simply as a home -- the place where the family resides, store their belongings and find shelter and safety from the elements. It’s where you live. It’s yours because you pay the mortgage and the taxes. Most people don’t give property ownership much more thought than that.
There was a time when property ownership was considered to be much more. Property, and the ability to own and control it, was life itself. The great economist, John Locke, whose writings and ideas had major influence on the nation’s founders, believed that “life and liberty are secure only so long as the right of property is secure.”
John Locke advocated that if property rights did not exist, then the incentive for an industrious person to develop and improve property would be destroyed; that the industrious person would be deprived of the fruits of his labor; that marauding bands would confiscate by force the goods produced by others; and that mankind would be impelled to remain on a bare-subsistence level of hand-to-mouth survival because the accumulation of anything of value would invite attack.
In short, human civilization would be reduced to the level of a pack of wolves and cease to exist because lack of control over your own actions caused fear and insecurity. Private property ownership, Locke argued, brought stability and wealth to individuals, leading to a prosperous society of man.
That’s because legal ownership of property is the key to productive development. Private property ownership is the reason the United States became the wealthiest nation on earth, almost over night. Free individuals, using their own land to create commerce and build personal wealth through the equity of their property, are the root of American success. Sixty percent of early American businesses were financed through the equity of property ownership. And sixty percent of American jobs were created through those successful businesses. That’s how a free-market economy is built. Private property ownership is the source of personal, individual wealth for the average American.
One only has to look to the example of the former Soviet Union to see clearly what happens to a society when an outlaw government exercises brute force to take control of private property. Under that tyrannical government, each of Locke’s predictions came true there.
The Russian Revolution of 1917 was easy to exploit and control by the Communists because the people were oppressed as their actions, labors, and living conditions were under the control of an all-powerful kingdom. The Czarist rule had been
passed on from generation to generation through birthright rather than by the choice of the people. As a result, a ruling class emerged based on relationship with the Czars. The ruling class could decide at will to take property, select industry and destroy lives. This led to wealth and power for a few. There was a middle class made up mainly of the bakers, the shopkeepers, and tradesmen. With their modest incomes they were able to afford simple homes. The rest of the population was left in poverty; their survival was at the whim of the elite.
The Soviet Revolution promised the poor that it would throw out the ruling class and, in its place, create a government controlled by the people. There would be decent housing, jobs, and food enough for all. All would be equal. The wealthy would be banished and their riches shared throughout the land. The Communists promised “freedom” to the masses.
Of course, the opposite occurred because the Communists were simply using the frustrations and emotions of the oppressed to win their favor. Throughout its history, the Soviet government excused its every action under the banner of equality for all. There were no property rights, no freedom of enterprise, and no protections of individual actions. Instead, the Soviet government enforced redistribution of wealth schemes, confiscating homes from the rich and middle class. Many times it forced owners to share their homes with multiple families, destroying the right of ownership and control. Eventually, with no one responsible for the upkeep, the properties fell into disrepair.
As Soviet economic policies eliminated the profit motive from the market, the incentive to produce was eliminated. Everyone, producer and non-producer alike, was reduced to an identical government handout. This is what the Soviets called equality. Soon the producers learned they could produce less, yet still get their government stipend. As a result, the shelves of the stores were rendered bare and, eventually, the economy collapsed and society sank into despair.
Nonetheless, the propaganda of the glorious “Workers’ Paradise” of the Soviet Union was used throughout the world as a blueprint to create new revolutions; Eastern Europe, East Germany, parts of Asia, Africa, and Cuba all fell for the illusion of equality and freedom. In fact, the promised equality became the reality as all became equally poor when jobs, food, and services collapsed under the assault on private property, free enterprise, and individuality.
The same basic redistribution schemes of the Soviets were later used by Zimbabwe’s former dictator Robert Mugabe to destroy that agriculturally-rich African nation. Mugabe confiscated farmland owned by white farmers and gave it to friends of his corrupt government – most of whom had never even seen a farm. The result was economic disaster, widespread poverty, and hunger in a land that had once fed the continent. It’s interesting to note that in the days before he was finally overthrown, Mugabe was pleading with the owners to return to run the farms again while he begged the international community for $1.5 billion in food aid to prevent mass starvation. It’s the classic result of every totalitarian power grab.
Next, the South American nation of Venezuela, while rich in natural resources, has been reduced to poverty and despair by redistribution of wealth through murderous taxes and confiscation of private businesses and homes. Once again, shelves in stores are bare of goods while parents are actually being forced to give up their children because they can no longer afford to feed them.
The nation of South Africa is now following in the murderous footsteps of Robert Mugabe as it now attacks white farmers, taking their property and again putting it in the hands of those who know nothing about running a farm. When the people of South Africa are finally shown on television news reports as starving, eating from garbage or devouring zoo pets, capitalism or global warming will be blamed.
Clearly John Locke’s warnings have been vindicated. Private property ownership is much more than a house. It is the root of a prosperous, healthy, human society based on the individual’s freedom to live a life of his own, gaining from the fruits of his own labor. Take that option away and the people always react the same way. They stop producing.
Using Locke’s ideas as their guide, the Founders of the United States of America created a system of government designed to protect private property and the free enterprise system that grew from the ability of free individuals to freely produce their goods and services. The nation prospered like none before it. Nowhere else in history were citizens able to improve their lives and have the opportunity to build individual wealth as in America. It didn’t matter if you were born poor, were basically uneducated, or lacked the “proper” contacts or pedigree.
Though no one is guaranteed to be successful and prosperous, at least here in America each individual was assured the right and the freedom to try. It was the chief reason why people from other nations poured into America. Hope. Opportunity. Freedom. The words became synonymous with the very image of America. Streets paved in gold! Freedom! The American Dream.
Why were Americans different in the eyes of the world? Because they had a different idea for how mankind was to live. A philosophy based on the ideal of individual liberty. An optimism created by ideas never before considered by government. No kings. No potentates. No dictators. Just individuals, free to produce. Why? Because the people owned and controlled their own land which provided them the ability to build personal wealth. No king had ever allowed such a thing.
From the very beginning, the United States was guided by the idea of private property ownership. It was written into our governing documents. Property and freedom. One cannot survive without the other.
James Madison, the father of the Constitution, said, “As a man is said to have a right to his property, he may be equally said to have a property in his rights. Founding Father John Adams said: “The moment the idea is admitted into society that property is not as sacred as the laws of God, and that there is not a force of law and public justice to protect it, anarchy and tyranny commence.”
These lofty ideas stayed with America throughout its history. In the early part of the Twentieth Century, President Calvin Coolidge expressed the same ideals when he said: “Ultimately, property rights and personal rights are the same thing.”
Later, author and philosopher, Ayn Rand, who had grown up under the tyranny of the Soviet Union, and knew first hand how the destruction of property rights condemned man to live in a state of misery and hopelessness, wrote: “The right to life is the source of all rights – and the right to property is their only implementation. Without property rights, no other rights are possible. Since man has to sustain his life by his own efforts, the man who has no right to the product of his efforts has no means to sustain his life. The man who produces while others dispose of his product, is a slave.”
Yet, in spite of all of the best laid plans of the Founders, regardless of the incredible history of success from those plans, the poison of failed Socialism has begun to seep into the cracks of the American foundation. Today, the once unique design of citizen control over the American government is losing ground. Government has begun to break out of its legal restraints as it rushes to rule, regulate, and interfere in nearly every individual’s life decisions. As prosperity fades and the people become more desperate for their personal survival, the ideals of property and freedom diminish in the minds of many, in exchange for a false security.
The Lost Definition of Private Property Rights
The increasing encroachment of government regulations, pontificating politicians and the enforcement of Social Justice schemes have led to a loss of understanding of the terms private property and property rights. Once it was understood that the unauthorized entering of private property was a violation to the utmost. The property owner was justified and supported in taking necessary actions to remove the trespasser and secure that land.
Today, such ideas in the new America are considered radical, old fashioned, out of touch, and even reprehensible. The homeowner can be arrested for defending against an armed intruder. The intruder can actually sue a homeowner for shooting them even as they break down the door intending to rob and do harm. Home protection is called violence, perhaps even racism. It’s a whole new world of compliance, fear, and acceptance rather than pride, protection, and prosperity in ownership.
So, if we are to succeed in restoring the ideals of property ownership and benefit from its given creation of prosperity and freedom, then a short discussion of the full definition of private property is in order.
When you purchase property, how much of the land do you own? What is the depth of the soil? Do you own the water on the land? Do you own the air above it? As property rights expert, Dr. Timothy Ball wrote, “All these questions speak to political issues that transcend private, regional and national boundaries. Nationally and internationally, lack of this knowledge is being exploited by those who seek control…”
In the beginning of the nation – after the Declaration of Independence and the American Revolution, and the signing of the Treaty of Paris with Great Britain -- the American people became complete, sovereign freeholders in the land with the same prerogatives as the King once had. Now in this new nation the English King had no further claim to the land and could not tax nor otherwise encumber it.
From that point the United States government acknowledged private ownership by issuing land patents, also called “Letter Patents.” They were signed by the President of the United States and recorded in the county record. From that point the land then became the owner’s property in a “true land title.” There were no other claims on the land. Land Patents or “Allodial Titles” were one of the major motivators of the American Revolution, providing rights to the land, free and clear of the liens and encumbrances of the King of England.
A Land Patent is a contract or Document of Title, issued by a government or state for the conveyance of some portion of land from the public domain to private individuals. According to Black’s Law, a Land Patent Contract means the complete and absolute ownership of land; a paramount and individual right of property in land.
But, as property expert Ron Gibson has written, the enjoyment of free and clear title allowing owners to “own” their land without interference from any government, including the government of the United States, didn’t last long. Today, this history has been largely ignored by our government. Instead of a Land Patent or Allodial Patent issued when one buys property, we are issued a Warranty Deed. That is not a true title, but rather a “color of title.” That means you have a partner in the ownership of the land. The partner is the State, which encumbers the property with taxes and liens and all of those things, which simply render you a tenant on what should be your own land.
Writes Gibson, “As a result of generations of constructive Trust Fraud perpetuated against the American people. . . we’ve been conned into believing we are ‘owning’ property, when in fact, and by law, we’re only in ‘possession’ of property utilizing it as a renter or tenant would. So long as we pay our rent (i.e., taxes and mortgages), get the licenses, pay the fees, have it insured, regulated, zoned and permitted, we can still remain ‘in possession.”
And therein lies the root of the misconception that property is just the place where we live. The Government’s refusal to acknowledge true property rights has led to a massive destruction of the American system, and is at the root of the creation of the largest reorganization of human society ever attempted.
In the 1990s, an all-out assault on property rights was well underway, lead by a radical environmental movement, resulting in massive federal landgrabs in the name of conservation. As one can imagine, courts across the nation were flooded with cases of people attempting to defend their property rights from government takings. In the state of Washington, one of the major targets for such programs, the state Supreme Court realized it didn’t have an adequate definition of property rights to use in considering such cases. That’s when State Supreme Court Justice Richard B. Sanders wrote a “Fifth Amendment” treatise which included the following definition of property rights:
“Property in a thing consists not merely in its ownership and possession, but in the unrestricted right of use, enjoyment, and disposal. Anything which destroys any of the elements of property, to that extent, destroys the property itself. The substantial value of property lies in its use. If the right of use be denied, the value of the property is annihilated and ownership is rendered a barren right.”
Clearly Sanders’ definition is based on the concept of Land Patents and Allodial Titles. “Use” of the land is the key. Using the land in a productive way beneficial to the owner is what gives the land value. Simply paying the taxes and mortgage while some undefined government entity can rule and regulate how the property is used, according to Justice Sanders, is a “barren right” that annihilates its value.
So, if private property rights are to be saved in the nation that practically invented the concept, let there be no doubt in what the term means.
The new Biden Administration is now preparing an all-out assault on private property ownership. In the name of Climate Change, Biden plans to form “denser, more affordable housing next to public transit.” This is be done by removing zoning protection for single-family neighborhoods, destroying property values as public housing complexes are moved into the neighborhood. This is already being done in Oregon and in cities such as Minneapolis, where the mayor calls single-family zoning “racist.”
These threats to private property can most effectively be fought at the local level in state legislatures, city councils, and county commissions, using the Justice Sanders definition to protect ownership and usage of private property to preserve American freedom and prosperity.
Tom DeWeese is president of the American Policy Center and one of the nation’s leading advocates of private property rights and limited government. He is author of three books including. Now Tell Me I was Wrong, ERASE, and Sustainable, the WAR on Free Enterprise, Private Property and Individuals. His website is www.americanpolicy.org.
What Do I Mean By a Freedom Pod?
By
Tom DeWeese
How do we effectively fight to restore liberty in America? Most think that just getting a president elected is the answer, but what if we lose that race? Or, what if we win the Presidency but lose the House of Representatives and the Senate? What chance do we then have to make any progress in restoring liberty? We have to live in the days after an election. We have to make our way forward in our lives. So, do we simply surrender and accept our fate? Or do we create a new path to protect and promote the ideals of freedom?
The first step to answer that question is to stop depending on one person, one icon to lead us forward. We must take the responsibility ourselves to assure that government does not move forward unattended. We need to be directly involved at every level, especially on the local level. Change the debate to attack anti-freedom policies, expose non-governmental (NGO) carpetbaggers hiding in the shadows dictating policy, force elected officials to be personally responsible for their actions, and organize to assure the election of leaders who promote and defend the principles of freedom.
Picture how different our nation would be if we dug in to create a majority of governors across the nation who understood and operated under the Tenth Amendment which gives the States the power to stand against Federal overreach. What if you had a county commission that refused to participate in non-elected regional government? How would your life change if your city council was made up of individuals who guided your community under the three pillars of freedom, including protection of private property, encouragement and support for local businesses to operate and compete in free enterprise, and the lifting of rules and regulations that stifled personal choices in your individual life? How do we make all of that a reality? Set a goal to turn your local community into a Freedom Pod.
Simply focus on making these goals a reality in your community and, if successful, as prosperity spreads, the idea will certainly spread to a neighboring community, and then to the next. The challenge is to create a successful blueprint and a cadre of dedicated elected representatives that will begin to move into the state level of government. That will set the stage for effecting a federal government as conceived by our forefathers. The result will be the establishment of Freedom Pods across the nation.
For several decades the radical Left has been dedicated in its efforts to organize at every level of government while advocates of limited government failed to do the required “dirty work” of local organization and activism to protect our freedoms. We gave the Left a pretty clear playing field to organize and seize control, and now we are suffering under the result. For the dedicated Left, no position was too small. No appointed board was ignored. When was the last time local Conservative activists cared about positions like City Attorney? Yet these are the very officials who are enforcing the COVID-19 lockdown policies, dictated by governors and mayors. After witnessing this
current election crisis, don’t you wish people with Conservative values had been interested in gaining positions on the local Board of Elections? Local government is now infested with Planners, NGOs, and federal agencies dictating policies. And the only reason they have power and influence now is because the Left fought to elect representatives who then gave it to them. So, if you want to transform your community into a Freedom Pod you must start from scratch.
How to Build a Freedom Pod in Your Community
Here is a brief outline on how you can get started building your community into a Freedom Pod. And remember, the first rule is to focus on the local level. The rest will follow.
1. Start with Research: You need to know your enemy. Who are the players down at City Hall? Most of these planning groups and NGOs are operating in cities all over the nation. They have a history. What programs have they promoted, how are they funded, who are their leaders? In addition, look at your city’s comprehensive plan. What programs does it contain? Here’s a major hint to look for; Is there a specific part of the city that will be affected by the plan? Where is the money to come from for enactment of the plan? In any part of the comprehensive plan do the words “protection of property rights” appear?
2. Build a Team: To begin to push back, every public movement needs a team. Your team should include 8 parts. 1. Research as described above. 2. The Watchers – this is a team of three or four who volunteer to attend every single public meeting, to record what is said and who said it, determine who are the main movers in the meetings – the leaders pushing the agenda. The Watchers will soon see how the NGOs and Planners operate and note the influence they wield. This is how you determine the players. 3. The Strategist. This will be the main leader for your efforts. The Strategist looks over the research, the comprehensive plan and the players and begins to develop your approach to fight. 4. The Agitators. These are the people who will be your spokesmen to address public meetings, and present your oppositions and your case. They will coordinate as a team to assure their position is presented in a powerful and effective manner. 5. The Victims. These are the people whom the promoters of these policies fear most. The people who will be most affected and perhaps damaged by those policies. Get them in front of elected officials with a compelling story or their plight. 6. The Media Team. Two or three people to stay in constant touch with your local news media. You must build a relationship with local reporters so that they will come to rely on your information for stories. Don’t fear the media. Talk openly with them. This can also include helping citizens to write effective letters to the editor. Make your side heard. 7. The Team of Activists. These are the people who will show up to do the grunt work, rally, carry signs, protest in front of City Hall or pack the Council Chamber when you need a show of support. 8. Social Media Team. If you’ve got some young people on your team this is right up their alley. Develop a website where you can get the word out. Start an online petition concerning a policy you are targeting. You may find that local officials are watching to see if it grows.
3. Take Legal Action: The reason so many local officials ignore our position is because they receive no consequences for their actions. Even if a victim successfully sues the city over a damaging policy, your elected representatives pay no fines or, legal fees nor do they face jail time. But, if handled properly, they are not immune to being held personally responsible. One legal tool to this end is Section 1983 of the 1964 Civil Rights Act. Planning meetings carried out in secret in backrooms of City Hall, often including non-elected NGOs that result in takings of private land, closing of businesses and enforcing arbitrary rules may violate your civil rights. And under that situation, the offending officials, who took an oath to defend the Constitution, may be held personally liable. Just the threat of filing such a suit could have incredible impact. Another possible tool is Section 3 of the 14th Amendment to the Constitution. Research can lead you to the appropriate action. It is just important to know that these tools are there to help you wipe the smirk off the faces of arrogant officials who think they are above the law.
4. Build a Campaign: The most effective way to take control of policy is to elect representatives who support your positions. Many times these people will be found in your organization – the ones who have become the most effective leaders or spokesmen for your cause. To assure you can run an effective campaign, the very first task required is to build an effective Precinct organization in every neighborhood. To begin, make a chart of every single elected position in your community, no matter how small. Begin to find candidates to run for every one of them. Appoint a Precinct Captain for every single precinct and assign them the task of getting to know all of their neighbors. List who is a likely supporter for your cause and make sure they are registered and will get out to vote. The Precinct Captain is like the trail boss getting the herd to market. Organize effectively and candidates, even governors and presidential candidates, will seek you out to help them. You will affect the outcome.
5. Build a Grading System to Reveal How Well Elected Officials Are Defending Liberty: It’s a scorecard. Select specific issues dealing with laws and regulations that have been passed or at least voted on in City Council. Set up the scorecard based on a 1 – 10 grade with 1 being the lowest score – or tyrannical. 10 is the highest – a Freedom’s Hero. How did these policies affect the three pillars of Freedom? Did they cause needless regulations on local enterprise? Did they take or control private property? How about controls on your energy use or travel restrictions? Put together a report, describing each bill or regulation and then give your local officials an individual grade for each one and then an overall grade. Praise the heroes and attack the tyrants. Send the scorecard to the news media and to social media. You will definitely get the officials attention and it will give you major influence in the community.
These are some very basic guidelines to help start your drive toward building a Freedom Pod in your community. There is obviously much more to be done to create a powerful organization, but these are the baby steps necessary to begin.
The main point is not to fear speaking out. Don’t wait for some iconic face to represent you. If they lose so will you. For too long that’s what we have done. Now it’s time for you to stand up, speak out, take the lead and others will join you. If you don’t take these steps then your government will be in someone else’s hands, controlling you just as the Left has already done.
Here is the end game for the forces of freedom. No matter who is president, we must take control of our cities, counties, state legislatures, and governors. Only then can we stand up the potential tyranny from Washington, DC. To live your life as YOU choose, start to grow your Freedom Pod today.
Tom DeWeese is President of the American Policy Center and author of three books including Now Tell Me I was Wrong, ERASE, and Sustainable, the WAR on Free Enterprise, Private Property, and Individuals. Website: www.americanpolicy.org