The Rule of Law
John R. Fuchs
[Reprinted from Fragments, July-September,
1967. At the time of this writing, J.R. Fuchs served as a Texas jurist
and as President of the International Union for Land Value Taxation
and Free Trade]
(Author's Note: To Frank
Chodorov, land monopoly and the income tax were the cornerstones of
iniquity. This essay, discussing the man-made laws upholding such
misconcepts, is respectfully dedicated to Frank's memory.)
WE (I mean all of us, but principally the lawyers) are continually
admonished by our Bar Presidents, Professors of Law, and Ministers of
the Gospel that we must be "Bold and Courageous" in
upholding the "Rule of Law" and the Truth.
If it be true, that it does take boldness and courage to be
intellectually honest, then for God's sake, let us be bold and
courageous.
Before we, citizens of the United States, can effectively proclaim
the truth for which we stand, our own country must be free of basic
blemishes. If not, the rule of equity will be invoked against us.
Unfortunately, we are living and maintaining a basic untruth which is
nothing short of a lie. This is strong language, but nothing less will
describe it properly. It is a lie that stinks to high heaven. It has
been accepted without question for centuries; in fact, for ages;
consequently, today it is taken for granted.
What is this lie that the present Rule of Law embraces? Why is it
that such an atrocity to reason and morals has not been detected and
eradicated long ago? But first, what is it that is so basically wrong?
It is a fact that in our Constitution and by our laws, land - Mother
Earth - is treated as personal property. It is put in the same
category as all the things created by the hand of man. Further, as was
true in the case of slavery-property in man, the large majority of
economists, lawyers, legislators, and religious-minded people, feel a
compulsion to warp economics, law, and religion to justify and
continue this unholy concept and social error. Such a condition lies
at the root of practically all social and economic problems, and we
are forced to increase taxes and spend more of our money through
government in our attempts to give economic medication to evil
symptoms which should not exist in the first place - certainly not to
the degree we now know them to exist.
All the laws passed by parliaments and legislative bodies cannot
change this truth, that land is a gift of the Almighty Creator not to
just a few, not to any selected group, but to all men! As long as we
permit some men to charge (at a profit) other men for the right of
living on earth - as long as we deny this truth - do not take the
action it demands of us - we do not present our best and most solid
front to Communism; nor can we put our house into the order that
today's situation requires. In other words, we do not come with clean
hands; we are vulnerable.
We are far ahead in the physical sciences, and we are far behind in
our social and political sciences. The reason for this is that
physical sciences not only recognize but utilize and apply their basic
truths, better designated as axioms. In social sciences too, Basic
axioms are known; however, we do not apply or make use of them. The
reason is simple: it would run counter to the filling of the
pocketbooks; those that enjoy economic and social special privileges
are loath to give them up. So confused are we as a people that
'millions of people who would gain greatly by these just changes are
also loath to seek this better way.
I am not unmindful of the great freedoms that we enjoy under our Bill
of Rights, but this enjoyment is greatly handicapped and marred by the
maladjustment existing by reason of the failure to recognize and apply
the fundamental differences between naturally private and naturally
public revenue.
When the Sixteenth Amendment was adopted, it gave the Federal
Government a key to all the private treasuries of our Free Enterprise
System. Merely pointing out this obvious fact does not cure anything
unless we can show what steps the government should take to supplant
and supersede the monstrosities of the Income Tax, which this
Amendment created. The solution is a relatively simple one; yet this
very fact is one of the causes of why it is overlooked. Step by step,
we must take the burden of taxation from the dynamic elements of
production, and place it on the static element. By the dynamic
elements, we of course mean, all the activities that Commercial
Enterprise is engaged in, and by the static element we mean the land -
Mother Earth. Man did not and cannot create land.
Land-rent is almost wholly diverted from the public treasury into
pockets of the private holders of the land-the government is forced to
resort to the Income Tax and many other destructive direct and
indirect taxes. These are the basic causes of poverty. Simple justice
demands that we should leave to the people the value they create and
to the individual the values, wages, and interest he creates.
|