The Volokh Conspiracy

Be a Patriot: Don't Pay Sarah Palin's Salary!!

Here's Gov. Palin during the debate with Sen. Biden:

"Now you [Biden] said recently that higher taxes or asking for higher taxes or paying higher taxes is patriotic. In the middle class of America which is where Todd and I have been all of our lives, that's not patriotic. Patriotic is saying, government, you know, you're not always the solution. In fact, too often you're the problem so, government, lessen the tax burden and on our families and get out of the way and let the private sector and our families grow and thrive and prosper."
Well, you heard it here first, folks: I have uncovered incontrovertible evidence that Sarah Palin has received hundreds of thousands of dollars of tax revenue and converted them to her own personal use!! Where the hell else does she think her salary comes from?
It may be foolish, or unwise, or even unreasonable to suggest that people pay higher taxes; sometimes it surely is all of those. But it is really irresponsible, outrageous, and insulting to say that it's unpatriotic. I dislike paying my taxes as much as anyone, and I dislike the general propensity of the Democrats to spend more and to tax more. But paying taxes (along with voting) is one of the most patriotic things I do. I don't pay my taxes because I'd go to jail if I didn't; I pay my taxes because that is the price we pay to live in the society in which we live, and it's insulting to suggest that somehow I'm being snookered into acting unpatriotically. If the government has things on which it has to spend money, it is sheer Knucklehead Conservatism to say "we need to spend the money — for a war against our enemies, for example, or to pay the medical costs of our retirees — but we won't ask people to pay any taxes to fund it." And it's thoroughly irresponsible of a candidate for high office to suggest that paying taxes is unpatriotic. If McCain and Palin are elected — increasingly unlikely, but just suppose — let's just stop paying our taxes, OK? It would be the patriotic thing to do.

Whoa, folks ... this firestorm of comments is a little more than I bargained for. A couple of responses to the many, many points raised in the comments:
1. If you think I'm such a fool, YOU CAN STOP READING MY POSTS. That's the good thing about the VC - there's lots of other stuff for you to read and argue about.
2. The most interesting comments were those (from the more reasonable ones) suggesting that I mistook "unpatriotic" for "not patriotic." That's a pretty interesting point. To begin with, I would've thought they were, in fact, synonyms. Undressed is the same as not dressed. Unbearable is the same as not bearable. Unkind is the same as not kind. Unintelligent. Unfair. Unreasonable. At least, in most contexts, and most usages.
3. Having said that, I can see the counter-argument that many of you are making here; Palin's not saying "Biden is being unpatriotic", she's saying "Biden is wrong to suggest that paying taxes is patriotic." It's what we lawyers call a "fine" distinction - not irrelevant, I grant you, but, in my opinion, not central to what she was trying to communicate. Look at what she said:

"Patriotic is saying, government, you know, you're not always the solution. In fact, too often you're the problem so, government, lessen the tax burden and on our families and get out of the way and let the private sector and our families grow and thrive and prosper."

So let me get this straight. It's patriotic to say "lessen the tax burden," but it's not patriotic (oops!! I almost said "unpatriotic") to say "raise taxes to pay for the things you're buying." That's what she's saying, folks. Her words, not mine. Now, many of you seem to think that makes perfect sense, and shows that Gov. Palin understands many things that have eluded morons like me. You're perfectly entitled to your opinion. But I still don't get it. It still looks outrageous, over-simplified, and irresponsible, to me. And if that makes you want to call me names, see Point Number 1, above.

4. I know that Gov. Palin knows that her salary is funded by taxes. That was meant as irony. If you didn't catch that, I should've made it clearer.

Update 2. A few of you have tried the interesting strategy of actually reading what I wrote and thinking about it. Here's courtwatcher:

I'm convinced David P is correct here. Palin said: "In the middle class of America which is where Todd and I have been all of our lives, that's not patriotic. Patriotic is saying, government, you know, you're not always the solution."

Try replacing "patriotic" with any of the words David suggests. In these cases, the context and usage make clear that in those cases, "unX" = "not X":

In the middle class of America which is where Todd and I have been all of our lives, that's not reasonable. Reasonable is saying, government, you know, you're not always the solution. In the middle class of America which is where Todd and I have been all of our lives, that's not intelligent. Intelligent is saying, government, you know, you're not always the solution. etc.

In all these cases, it's clear from the context and usage that "not X" means the same as the compound word "unX" would mean. (Go ahead and explain why this is wrong - all 300+ of you. :-) ) I can see situations in which "unX" would not mean "not X," and commenters have correctly identified some of them. But this isn't one of them, and certainly it isn't obviously one of them. This part of David's post is completely reasonable even if some here disagree with it. To say it's obviously "wrong" or a failure of logic is just incorrect. It's stunning to see how unwilling people are to even imagine that someone might have a different view.

I couldn't (and, I guess, I didn't) say it better myself.
Now, once again — you might disagree with my assessment that Palin's statement was outrageous, or that it is irresponsible for a candidate for public office to make it. That's entirely fair game, and I'm even (though many of you will not believe it) open to persuasion on that. But to all of you who called me some pretty nasty names for making such a foolish logical mistake, maybe you're the ones who need to take a deep breath and look at the text on the page and think about it. Apologies can be sent to me at David.Post@temple.edu :)

Observer:
Doing something that you are required to do by law (like paying taxes) is not patriotic, for the same reason that it is not charitable. Palin did not say or suggest that paying taxes is *unpatriotic*. Patriots deserve praise for being patriotic, and no one should expect to be praised simply for doing what one is required to do. Patriotism means more than this.
10.8.2008 5:57pm
Oren:
Well, on the left-hand side of things, Thoreau considered paying taxes to be giving material aid to every unethical decision made by the government. I suppose he would consider it 'unpatriotic' to pay taxes in the sense that the US government was (he felt) not living up to its ideals.

Such patent nonsense is not confined to the right (although bizarre theories about the 16th amendment not being ratified, the meaning of the word "income" and so forth do seem to be more common among the Ron Paul crowd than the Ralph Nader crowd).
10.8.2008 5:58pm
ShelbyC:
Oh for crying out loud.
10.8.2008 5:59pm
dbett (mail):
Huh? The old phrase "Too smart by half" comes to mind.
10.8.2008 6:00pm
Patent Lawyer:
David, you're mistaking "unpatriotic", which usually effectively means "antipatriotic", with "not patriotic." To analogize to an episode of South Park:

"I've brushed my teeth every day, isn't that good?"
"Well, Eric, brushing your teeth doesn't really count as good or bad...it more counts as 'brushing your teeth.'"

Palin wasn't saying that paying taxes is unpatriotic, but that there's nothing particularly patriotic about paying taxes. And she's right. Especially when the lion's share of federal taxes goes to entitlements such as Social Security and Medicare.

You may think that "paying taxes is one of the most patriotic things [you] do." Joe Biden might agree with you. Very, very few other Americans would.
10.8.2008 6:00pm
Nunzio:
David,

You're the first person to come down with Palin Derangement Syndrome. Relax, man, it's only rock n' roll.

And if not paying taxes is unpatriotic, then I guess Wesley Snipes should have been charged with treason as well.
10.8.2008 6:01pm
Nunzio:
David,

You're the first person to come down with Palin Derangement Syndrome. Relax, man, it's only rock n' roll.

And if not paying taxes is unpatriotic, then I guess Wesley Snipes should have been charged with treason as well.
10.8.2008 6:01pm
Glenn W. Bowen (mail):

But paying taxes (along with voting) is one of the most patriotic things I do.


You pay your taxes so you don't end up in court with the burden of proof on you, the accused.

You pay your taxes so your property isn't seized, ultimately; although if you are paid as a wage earner, the government already does that two or four times a month.

You want patriotic? Send a salami to someone's boy in the army.
10.8.2008 6:01pm
Assistant Village Idiot (mail) (www):
Perhaps it would be fairer to suggest that paying needed taxes is patriotic, but being asked to pay a penny more because of "patriotism" is a false appeal. Reasonable people might disagree about what that minimum is, but the principle should hold.
10.8.2008 6:03pm
keith:
While her salary is paid for by tax revenues there's no personal income tax in Alaska. So really it's only the oil companies that can complain, at least in her case...
10.8.2008 6:03pm
DReader:
David, your post seems a tad disingenuous!

Palin says "Patriotic is saying, government, you know, you're not always the solution."

I'm not really sure from what you've inferred that Palin believes paying taxes itself is unpatriotic. Perhaps you could explain why you believe this is her stand?

Palin's statement that acknowledging the government can be a problem and furthermore that we should always be willing to stand up against the government seems right in the line with mainstream American political ideology. I would go so far as to say that these principles played a large role from the founding on.

I also wonder how many of your co-conspirators would disagree with the statements that the "government...[isn't] always solution." or that "lessen[ing] the tax burden...and get[ting] out of the way and let[ting] the private sector" thrive and prosper is a bad thing? Do you?
10.8.2008 6:04pm
Anderson (mail):
Strictly, Palin's response initially opposed only *higher* taxes.

But that's not consistent with the rest of her response, which is indeed dumb as bricks.

I guess gov't should've "gotten out of the way" after 9/11 and let the free market deal with al-Qaeda.
10.8.2008 6:04pm
Glenn W. Bowen (mail):

During World War II, Katz's encouraged parents to "send a salami to your boy in the army" which became one of the deli's famous catch phrases


KATZ'S
10.8.2008 6:05pm
Dave N (mail):
There have been others that have come somewhat close, but this is the dumbest election post I have seen this cycle--and I am including Jonathan Adler's on which Sarah Palin/SNL sketch was best.
10.8.2008 6:06pm
Pat C (mail):
What does the Patriot Act say about paying taxes?
That's my criteria for patriotism.
Wiretapping without a court order? Now that's patriotic !
10.8.2008 6:06pm
Sagar (mail):
Where did she say what you claim she said (paying taxes is "unpatriotic")?

Daid Post 1, Straman 0

Congrats, David, you won!
10.8.2008 6:07pm
Sagar (mail):
oh, I forgot to ask, are you a real law professor? which school?
10.8.2008 6:08pm
Sagar (mail):
Straman should be "Strawman"

preview is my friend; itchy fingers, not.
10.8.2008 6:11pm
George Lyon (mail):
David, what a lame post. She did not say it was unpatriotic. What she did say was to suggest higher taxes and more government are not the answer to all our problems. Know what, I agree with her on that.
10.8.2008 6:11pm
Wayne Jarvis:
Ah the nostalgia for last week....

I can't wait for DP's thoughts on last night's debate. Is it next week yet?
10.8.2008 6:13pm
Francis Marion (mail):
To quote Lt. Col. Frank Slade: "Uh oh, we have a moron here."
10.8.2008 6:13pm
teqjack (mail):
Sheesh. Is this satire? Yes, a patriot pays taxes: that does not mean that a patriot necessarily wants his taxes increased. Or always agrees with how various governments spend the monies thus raised. Otherwise, a patriot would be indistinguishable from a government-owned slave.
10.8.2008 6:17pm
Derek:
Wow. This is a crazy post. David, you have lost your mind. Palin Derangement Syndrome is a good description. Seriously, calm down. You dislike her intensely - we get it - but you've let it interfere with your ability to think clearly.
10.8.2008 6:17pm
Nunzio:
The federal government should regulate everything but abortion.
10.8.2008 6:18pm
TheOneEyedMan (www):
If there was no punishment for not paying your taxes, I doubt you would pay them, patriot or not.
10.8.2008 6:19pm
Sam Draper (mail):
See David Post fall off the wagon.
10.8.2008 6:20pm
gradescales (mail):
Yet another of these ridiculous posts about Palin... Looks like most of the men at the Volokh conspiracy can't handle a strong woman.
10.8.2008 6:20pm
gradescales (mail):
Yet another of these ridiculous posts about Palin... Looks like most of the men at the Volokh conspiracy can't handle a strong woman.
10.8.2008 6:20pm
Brett:
Let us all join hands and observe a moment of silence to honor the memory of the poor straw man that David just murdered in cold blood.
10.8.2008 6:20pm
genob:
Puh-leez.

It was Biden's claim that the "rich" should want to pay more in taxes because paying more in taxes was patriotic.

By the way, if Biden, or Obama, or any wealthy Democrat that believes that tax rates on the "rich" are too low has ever, even once, engaged in an act of "patriotism" by voluntarily writing checks to the US treasury, I would be interested in finding that out.

If they think that's how you can demonstrate patriotism, how come not a single one of them has ever engaged in the patriotic act? Is it only patriotic if they force everyone else to do it too?
10.8.2008 6:21pm
Anon1337:
I think the only charitable explanation here is that someone has gained unauthorized access to David's account. Surely an argument this poorly-reasoned doesn't come from a Conspirator.
10.8.2008 6:22pm
richard cabeza:
Mr Post: your arguments are terrible, and your tone is extremely unprofessional.

And it's thoroughly irresponsible of a candidate for high office to suggest that paying taxes is unpatriotic.

Theft of my money is only patriotic to those who build their politics on theft. That includes you, it seems.
10.8.2008 6:22pm
Eric Muller (www):
David, you are quite right.

Everyone agrees that surrendering your child to the government (i.e., the military draft) is patriotic.

Yet some go nuts at the suggestion that surrendering your money to the government (i.e., federal income tax) is patriotic.

(This, incidentally, dispenses with the very first comment from "observer," to the effect that "[d]oing something that you are required to do by law (like paying taxes) is not patriotic." Baloney. People are required by law to comply with draft orders. When they do so, they're acting patriotically. Or would you deny the patriotism of conscripted soldiers?)
10.8.2008 6:22pm
_quodlibet_:
LOL WUT?

"nonpatriotic" ≠ "unpatriotic"
10.8.2008 6:23pm
Harry Schell (mail):
paying money taken from you by law cannot be patriotic, it's self-preservation against the forces of the state. Increasing the share of the state in your income might be patirotic if you had a choice, but Biden does not want you to have a choice. He wants you not to resent his taking of more of YOUR money by the forces he commands.

Similar themes appeared regularly in Soviet/Nazi and US propoganda about sacrifice for the state, how noble it was. The US war bond campaigns, for example. But buying a bond still was optional.
10.8.2008 6:25pm
Phil17 (mail):
Sorry, David, I think you are off base.

Sagar beat me to it, but the argument you demolished is not the one she made. And, while like Anderson I saw two points being made, contra Anderson, I didn’t see them as inconsistent or dumb.

First, she rejects the formulation that equates patriotism with calling for higher taxes (not paying one’s taxes, but “please, sir, may I pay another”).

Second, she argues that it would be better to label as patriotic actions leading to lower taxes – eschewing the knee-jerk request for government intervention in just this special project, or, better yet, identifying area of government involvement where that involvement could be reduced or eliminated. At worst, you can use the South Park formulation and call it asking for less oppressive government, without over-reaching by actually calling it patriotic.

I agree with Gov Palin that citizens should spend more time asking what my country need not do for me, and I strongly agree that labeling a request for higher taxes as a form of patriotism is ludicrous.

Phil
10.8.2008 6:26pm
Steve:
Lost in all this is the fact that Biden quite clearly said it's patriotic for rich people to pay more in taxes, but Palin turned it into a statement about the middle class in order to score a point. That's the lie at the heart of this.
10.8.2008 6:26pm
jackal (mail):
@Eric Muller: Since this is a legal blog, may we treat 18-year-olds as adults?
10.8.2008 6:26pm
richard cabeza:
People are required by law to comply with draft orders. When they do so, they're acting patriotically. Or would you deny the patriotism of conscripted soldiers?

Bunk. The government makes a mandate, so the choice of being patriotic is no longer an option. The only visible choices are compliance with law and noncompliance with law. Either could be morally defensible as better for the country.

In other words: government's restriction of individuals' choices cause patriotism to no longer be the deciding factor (and, I would argue, is indefensible itself).
10.8.2008 6:26pm
JRC (mail):
I agree; it is a straw man argument. Palin did not say paying taxes is unpatriotic. Biden said paying HIGHER taxes is patriotic. These are different things to anyone with half a brain. Saying "paying higher taxes is not a show of patriotism" does not equal "paying taxes is unpatriotic." "But it is really irresponsible, outrageous, and insulting to say that it's unpatriotic." Maybe it is, mabye be it isn't, but she never said this. Wow, I've come to expect better analysis on this site
10.8.2008 6:27pm
Arkady:

Patriotic is saying, government, you know, you're not always the solution.


Except when you live in Alaska where the state motto might as well be "Subsidies R Us", given that the state gets about $14,000 per citizen from the mean ol' fedrul gubmint.


In 2005 (the most recent figures), according to the Tax Foundation, Alaska ranked 18th in federal taxes paid per resident ($5,434) but first in federal spending received per resident ($13,950). Its ratio of federal spending received to federal taxes paid ranks third among the 50 states, and in the absolute amount it receives from Washington over and above the amount it sends to Washington, Alaska ranks No. 1. [Source]
10.8.2008 6:28pm
jrman:
Just piling on here: she only said paying higher taxes is not a patriotic act. She never even implied that paying taxes was inherently unpatriotic.
10.8.2008 6:29pm
richard cabeza:
If paying taxes is patriotic, then it doesn't need to be compulsory (even if Harry Reid says it already isn't).
10.8.2008 6:29pm
titus32:
Patent Lawyer's critique is spot on.
10.8.2008 6:30pm
richard cabeza:
Except when you live in Alaska where the state motto might as well be "Subsidies R Us", given that the state gets about $14,000 per citizen from the mean ol' fedrul gubmint.


Wow! Welfare! Oh, wait, that's because the federal government owns most of the land in the state.
10.8.2008 6:30pm
spool32 (mail):
Eric:

That comparison is flawed... parents do not surrender their children to the draft, because minor children are not eligible for military service.

I would certainly argue that signing up for the draft is not patriotic at all. It's required. Patriotic acts involve a free will choice. A draftee can act with heroism and patriotism once he's in the armed forces, but registering for Selective Service isn't patriotic.
10.8.2008 6:31pm
Pon Raul (mail):
I thought you said that you wouldn't be posting on Palin anymore. I guess that you are a liar. . . or at least that you can't keep your word.

Anyways, you obviously read Friedman today, but have the same lack of logic. Your argument is a mischaracterization of what she is saying to set up a straw man.

DAVID "NO BRAIN" POST SHOULD STOP POSTING UNTIL HE TAKES LOGIC 101!!!!
10.8.2008 6:32pm
Steve:
Increasing the share of the state in your income might be patirotic if you had a choice, but Biden does not want you to have a choice. He wants you not to resent his taking of more of YOUR money by the forces he commands.

What I've noticed about conservative arguments over the years is that when government mandates something that they agree with, it's a manifestation of the will of the people being expressed through their elected representatives. (And how dare unelected judges elevate their personal preferences over a democratically enacted law, etc.)

But when government mandates something that they don't agree with, it's this faceless entity called the State raping everyone.
10.8.2008 6:32pm
richard cabeza:
Pon Raul: But if we don't distract the proles, how are they going to vote the way I know they should!?
10.8.2008 6:33pm
pete (mail) (www):

But paying taxes (along with voting) is one of the most patriotic things I do.


If paying your taxes as required by law is the most patriotic thing that you do is it ok for me to question your patriotism?
10.8.2008 6:33pm
Anderson (mail):
Good lord, these comments are like the rantings at TownHall re: Kathleen Parker.

(I actually surveyed those, to the detriment of my regard for my fellow man; the kicker had to be the argument that, if Obama weren't secretly Muslim, he'd go by "Barry" not "Barack.")

Palin Derangement Syndrome is apparently evidenced by wildly *positive* reactions to Palin.

Patriotic is saying, government, you know, you're not always the solution. In fact, too often you're the problem so, government, lessen the tax burden and on our families and get out of the way and let the private sector and our families grow and thrive and prosper.

What does that have to do with paying for the Iraq war and our national debt?

Can you imagine Palin trying out the just-quoted gibberish on Wm. Pitt the Younger in the House of Commons, circa 1793? I would devote my life to building a time machine, just to enjoy that spectacle.
10.8.2008 6:33pm
Edward Lunny (mail):
So, if paying taxes is so patriotic ,it can then be argued that fighting against taxes is unpatriotic and using legal deductions to reduce ones tax burden is unpatriotic ? In fact, by your arguement, anything that anyone does to legally reduce or avoid tax liability is unpatriotic and unamerican. Is that really your position ? If paying taxes is so patriotic, how much extra money did Joe send to the treasury, he certainly didn't give it to charity, how about you ? The poor, whom pay no taxes, must be positively treasonous ! Do you take deductions when you file your income taxes, defer taxes with a 401k or IRA, you treasonous bastard you ! Maybe a little less coffee during the day would help reduce your hysteria.
10.8.2008 6:33pm
Sagar (mail):
Eric Muller: "... surrendering your child ... "

are you talking of 18+ year adults who can vote? just like the "children/teens killed by guns" even when the said children/teens are adult gangbangers!
10.8.2008 6:34pm
Railroad Gin:
I certainly pay my taxes out of fear of going to jail and would give far less if it were truly voluntary. So would most people if they're being honest. I'd take the money that I'm forced to give to Social Security and put in in a 401(k) or the money for Medicare and give to AFLAC in a heartbeat if I had a choice.
10.8.2008 6:34pm
richard cabeza:
What I've noticed about conservative arguments over the years is that when government mandates something that they agree with, it's a manifestation of the will of the people being expressed through their elected representatives

RINOs are good at that. The GOP is growing more liberal and using those tactics more and more. Why do Democrats like to hate on "neocons"? The same reason Stalin called Fascists "far-right."
10.8.2008 6:35pm
Pon Raul (mail):
"I guess gov't should've "gotten out of the way" after 9/11 and let the free market deal with al-Qaeda."

Anderson, I think that this is actually the Ron Paul position. see http://en.wikipedia.org/wiki/Letter_of_marque
10.8.2008 6:35pm
seadrive:
I had always considered that my service in the US Army had at least an element of patriotism, even though I was drafted. Now I learn not. (Sigh).

What order of patriotism to award the guys who enlisted, did ROTC, etc in order to serve in the military in some advantaged way, e.g. choice of branch or specialty or admission to OCS?
10.8.2008 6:35pm
Loophole1998 (mail):
Only 27 more days until Palin is just a distant (scary) memory...
10.8.2008 6:35pm
richard cabeza:
Only 27 more days until Palin is just a distant (scary) memory...

Then we can finally nationalize the health care industry and Hugo Chavez will like us!!!!!!1
10.8.2008 6:36pm
Observer:
Is this the worst attempt at an argument to ever be made by a contributor on Volokh? I am waiting for Post to offer an update to the effect that he read the quote too quickly and read "not patriotic" to mean "unpatriotic."
10.8.2008 6:37pm
Anderson (mail):
Oh, and FYI:

"patriotic, adjective: devoted to the well-being or interests of one's country."

"patriot, noun: a person (claiming to be) ready to support or defend his country's freedoms and rights."

Paying duly levied taxes, or serving in the military when conscripted, are "patriotic."

But why listen to the elitist dictionary, instead of "most Americans"?
10.8.2008 6:38pm
CDR D (mail):
If Biden thinks it's patriotic, let him set the example. the government will cash his check.

Of course, he gives about three tenths of one percent of his gross to charity, so he's a patriot:

http://hotair.com/archives/2008/10/04/the-charity-gap/


Sorry.

Ol' Joe Hair-Plugs is a blowtoad and a charlatan.
10.8.2008 6:38pm
richard cabeza:
Now I learn not. (Sigh).

Patriotism is mostly orthogonal to the decision to comply with a mandate. Keep up, please.
10.8.2008 6:38pm
DD:
This probably sounded more clever the first 10 times it was trotted out in the faculty lounge.
10.8.2008 6:38pm
astrangerwithcandy (mail):
post, bernstein, absurd statements on the candidates, next on NBC...i mean VC


oh boy, i bet you and thomas frank are BFF. if not, you two should definitely get together. you could have quite a good time explaining to each other why you are so much smarter than republicans. for my own amusement, you should get together at a bar in West LA/Hollywood so that you can sit next to two aspiring actors who can't stop commenting on how good looking they are.
10.8.2008 6:38pm
Arkady:
@ richard cabeza


Wow! Welfare! Oh, wait, that's because the federal government owns most of the land in the state.


The fed's ain't subsidizing tundra up there.
10.8.2008 6:39pm
richard cabeza:

"patriotic, adjective: devoted to the well-being or interests of one's country."

[..]

Paying duly levied taxes, or serving in the military when conscripted, are "patriotic."


You're implicitly saying that the actions of the government are for the well-being of the country. Why would you automatically make that assumption? This is why we elect people out of office.
10.8.2008 6:39pm
spool32 (mail):
Seadrive:

Don't confuse comments on the act of filling out your card with comments on the service you performed.
10.8.2008 6:39pm
richard cabeza:
The fed's ain't subsidizing tundra up there.

Of course not. It generates income.
10.8.2008 6:40pm
BookMan:
Moreover, Palin wasn't saying that not paying tax was patriotic.
10.8.2008 6:41pm
Anderson (mail):
Is this the worst attempt at an argument to ever be made by a contributor on Volokh?

You must skip the Bernstein posts.
10.8.2008 6:41pm
Steve:
You're implicitly saying that the actions of the government are for the well-being of the country.

Whether dissent constitutes "opposition to the country" or merely "opposition to the government" generally depends on whose ox is being gored, I've found.
10.8.2008 6:42pm
A Stoner (mail):
I have to agree with some other posters. She did not say it was "unpatriotic", only that it is not a definition of what being patriotic is.

Eric, Muller
"Everyone agrees that surrendering your child to the government (i.e., the military draft) is patriotic. "

Parents do not surrender their children, the children surrender themselves, as adults, and being forced to join the military is not in and of itself a patriotic act, but it is unpatriotic to refuse to join. Joining by being forced into the draft does not BESTOW patriotism upon an individual, but it also does not remove any patriotism from the person. A forced soldier will either act in his new duties patriotically, or they will act unpatriotically in their duties. People who are drafted and sent overseas who do the diservice of commiting war crimes would be unpatriotic drafties, while people who are drafted and perform their duties without trying to undermine the war effort and those they are stationed below in the chain of command are patriotic. The fact that you joined does not in and of itself determine your patriotism, it is how you act.
Paying taxes is not patriotic, but refusing to pay taxes is unpatriotic. I would say a person who knows they could get a bigger refund by itemizing, but decides against itemizing with the intention of giving more to the government would make that person patriotic, while someone who chose to itemize and put things down as deductions that are fictitious would be considered unpatriotic, and the people in between these two extremes are just your normal people who get absolutely no patriotic badge of honor for simply fulfilling their forced duty to file their taxes.
10.8.2008 6:42pm
Eric Muller (www):
Good lord, people! Have you never seen the ways in which our society lauds the patriotism of those who "send their children off" or "send their young men off" to war?

When a child is killed in action, the parent is a "gold star parent." Gold star parents occupy a special place of honor in our society, as they should. We view them as having made a heroic, and patriotic, sacrifice.

Right?

So ... if we view their service to the nation, in surrendering and even losing their children to the national interest, why should we not also view someone's service to the nation, in surrendering and even losing their money in the national interest, as in some basic way patriotic?
10.8.2008 6:42pm
richard cabeza:
Whether dissent constitutes "opposition to the country" or merely "opposition to the government" generally depends on whose ox is being gored, I've found.

That's disgusting.

What you're saying is that being against socialized medicine is being against the country, not against the government promoting it, because obviously the policy is good -- I just don't want to help people!
10.8.2008 6:44pm
richard cabeza:
Good lord, people! Have you never seen the ways in which our society lauds the patriotism of those who "send their children off" or "send their young men off" to war?

There's no draft on right now. There's a reason they're lauded.
10.8.2008 6:44pm
therut (mail):
Well if enough citizens dicided to not pay their taxes the .gov would be in trouble. I doubt they could throw tens of millions in jail.. Think they would listen and get the .gov off our backs. I do. Maybe I will live to see the day.
10.8.2008 6:46pm
Anderson (mail):
You're implicitly saying that the actions of the government are for the well-being of the country.

That is indeed the guiding principle by which the government is supposed to act. The fact that it fails to do so, to whatever degree, is not surprising, but it doesn't affect the argument.

Palin after all is a vehement supporter of the government's actions in Iraq, for instance. She has not suggested that she is opposed to Social Security, Medicare, or Medicaid. Nor has she indicated an interest in repudiating the national debt.

If you've ever consulted the little pie chart that comes with your 1040 booklet, you know that the vast majority of federal expenditures fall under those 5 headings (taking "Iraq" for "defense").

Paying taxes to cover the expense of programs voted by our elected representatives is indeed patriotic. It fulfills a duty we owe our country.

I can see why this is hard for someone of Palin's intellect to grasp, but I don't see why so many of you are having trouble with the concept.
10.8.2008 6:46pm
richard cabeza:
I doubt they could throw tens of millions in jail

I think the entire 20th century was a lesson in proving that the oligarchy could do exactly that, if not just dump their bodies in Siberia.
10.8.2008 6:47pm
Arkady:


The fed's ain't subsidizing tundra up there.

Of course not. It generates income.


Evidently not enough to keep the moose's nose out of the trough.
10.8.2008 6:48pm
spool32 (mail):
Eric:

Pinning your argument on a rhetorical turn phrase is just silly. I'll by my father's child for as long as he lives, but he can't compel me to join the Army.... and the government certainly can't compel him to try and force me.

Paying a tax under threat of prosecution is altogether different.
10.8.2008 6:49pm
Anderson (mail):
There's no draft on right now. There's a reason they're lauded.

So American troops drafted in WW2 weren't lauded or praiseworthy? The guys who took bullets on Omaha Beach were patriotic and laudable only if they were volunteers?

You're sounding a little despicable here, sorry to say. I hope you will clarify that you don't mean what your words imply.
10.8.2008 6:50pm
DrObviousSo:
So the likes of Washington, Jefferson, Frankline et al that founded this country after a tax revolt was... unpatriotic?

This is a really, really stupid post.
10.8.2008 6:50pm
richard cabeza:
The fact that it fails to do so, to whatever degree, is not surprising, but it doesn't affect the argument.

So supporting a government driving the country into bankruptcy is patriotic regardless of whether that's good? Okay.

I can see why this is hard for someone of Palin's intellect to grasp, but I don't see why so many of you are having trouble with the concept.

It's mandatory. Patriotism isn't the deciding factor, no matter how many times you make a useless crack at her intellect.
10.8.2008 6:50pm
richard cabeza:
You're sounding a little despicable here, sorry to say. I hope you will clarify that you don't mean what your words imply.

Stop acting like an idiot. Being lauded for voluntary service doesn't mean that performing for involuntary service is a bad thing.

Stop with these stupid fallacies.
10.8.2008 6:52pm
A Stoner (mail):
Anderson
"I can see why this is hard for someone of Palin's intellect to grasp, but I don't see why so many of you are having trouble with the concept."

Maybe that is because you do not understand the difference between doing something volentarily and doing something under durress of force by virtue of loss of freedom, property and even life in some cases.

When you volenteer to do something good for your country, you are a patriot. When you grudgingly acquiesce to the law of the land by virtue of not wanting to have your property, liberty or even your life taken from you by force, I do not see how that makes you a patriot in heart. It just simply makes you a nuetral party to what is going on around you.
10.8.2008 6:53pm
Eric Muller (www):
spool32, I'll make it even simpler.

Please head over to your local VFW Hall and tell the Vietnam vets gathered there that they didn't act patriotically when they served as draftees. Because they were just acting under legal compulsion.

If there's anything left after they're through with you, we can continue the conversation about whether "observer" was correct when he posited that a compelled act (like paying taxes) cannot be a patriotic one.
10.8.2008 6:53pm
Oren:

So the likes of Washington, Jefferson, Frankline et al that founded this country after a tax revolt was... unpatriotic?

This is a really, really stupid post.

They founded it based on a revolt against taxation without representation. The modern right claims that we don't have to pay taxes to a duly elected government explicitly empowered by the 16A to set the level of taxation.

Big difference.
10.8.2008 6:57pm
Bad English:
"Everyone agrees that surrendering your child to the government (i.e., the military draft) is patriotic."


It's seriously uninformed to think that the military draft exists.

The main post goes way past overheated into just plain weird. Reread Palin's comments and calm down.
10.8.2008 6:59pm
CDR D (mail):
>>>Paying taxes to cover the expense of programs voted buying votes from constituencies by our elected representatives is indeed patriotic.

Fixed.
10.8.2008 6:59pm
cdog:
The only reason I pay my taxes is so I don't go to jail. Look at where our tax money goes. Subsidizing society's materialism, greed, and culture of living beyond one's means.
10.8.2008 6:59pm
Bruce Hayden (mail) (www):

It was Biden's claim that the "rich" should want to pay more in taxes because paying more in taxes was patriotic.

By the way, if Biden, or Obama, or any wealthy Democrat that believes that tax rates on the "rich" are too low has ever, even once, engaged in an act of "patriotism" by voluntarily writing checks to the US treasury, I would be interested in finding that out.

If they think that's how you can demonstrate patriotism, how come not a single one of them has ever engaged in the patriotic act? Is it only patriotic if they force everyone else to do it too?
Let's add David Post to that list.
10.8.2008 6:59pm
richard cabeza:
The modern right claims that we don'tshouldn't have to pay taxes to a duly elected government explicitly empowered by the 16A to set the level of taxation.

T,FTFY.
10.8.2008 7:02pm
Oren:

The only reason I pay my taxes is so I don't go to jail. Look at where our tax money goes. Subsidizing society's materialism, greed, and culture of living beyond one's means.

I for one, would pay my taxes even if they were voluntary. It seems wrong to drive on the roads, send my kids to school, utilize the services of the fire dept. police and military, benefit from federal stewardship of public lands, etc... without paying my fair share.

Supposing it were even possible, would you guys really be comfortable sharing the benefits of government without paying your share?
10.8.2008 7:02pm
Steve:
What you're saying is that being against socialized medicine is being against the country, not against the government promoting it, because obviously the policy is good -- I just don't want to help people!

Nah, not at all. In fact, I can't remember the last time I heard anyone on the left arguing that it's unpatriotic to oppose Democratic health care proposals.

Maybe you and I can agree that opposing Bush's foreign policy is no more unpatriotic than opposing Obama's tax policy. But I don't think everyone will agree on that, which was my point.

If you oppose the war, are you unpatriotic, or do you simply believe that the government made policy decisions that are not in the nation's best interest? I take the latter view. Lots of folks take the former one.
10.8.2008 7:02pm
Pon Raul (mail):
"Please head over to your local VFW Hall and tell the Vietnam vets gathered there that they didn't act patriotically when they served as draftees. Because they were just acting under legal compulsion."

They are patriots because they are patriots, if they actually are patriots, not because they were drafted. Being a patriot is what is in your heart. You might still be a Y if you are forced to do X, but being forced to do X doesn't make you Y. Learn logic. It will help you out in life.
10.8.2008 7:03pm
David Larsomn (mail):
Anderson you don't seem to understand the concept of patriotism, which implies an element of free will. An action that you are forced to undertake at gunpoint is not "patriotic". Several commenters have already made the point but it bears repeating--if paying more is patriotic, why are all the congressional millionaires not sending in extra money to the treasury instead of trying to be patriotic through proxy by raping me? But you've got to love liberals: first, last and always "Putting your money where their mouth is"
10.8.2008 7:03pm
Oren:


The modern right claims that we don'tshouldn't have to pay taxes to a duly elected government explicitly empowered by the 16A to set the level of taxation.

T,FTFY.

That just makes the sentence even harder to understand. On what possible grounds could you possible assert that we shouldn't have to comply with the explicit terms of our Constitution?
10.8.2008 7:03pm
Guest--:
Anderson,

I'm not a big fan of Palin, but she didn't suggest anarchy. It's fine to argue that we need more or less government, but she wasn't suggesting no government. Your 9/11 comment was absurd. Let's deal with the actual arguments, not your carciatures of her positions. That's something I'd expect from jukebox, not you.

David,

I can't believe I'm saying this, but I really long for the days when you posted about soccer. This is really one of the dumber posts I've ever seen on this site . . . .
10.8.2008 7:04pm
deepthought:
Speaking of taxes and Gov. Palin . . . .

Apparently are a number of problems with the Palins and their 2006 and 2007 tax returns. She better start worrying about her own tax problems before she comments on tax policy and the patriotism of others.

From A Brief Analysis of Governor Palin's Tax Returns for 2006 and 2007 by Bryan Camp, (Texas Tech University Law School):

This paper focuses on five problems: three raised in the tax returns and two new ones raised by Mr. Olsen’s (a Washington DC tax lawyer retained by the McCain campaign) letter. Here’s a summary of the five problems and my conclusions, for those who want to cut to the chase. My analysis will follow.

The Palins did not report as income some $17,000 that Governor Palin’s employer (the State of Alaska) paid her as an “allowance” for her travel. Can they do that? Yes, most likely.

The Palins did not report as income some $43,000 that the State of Alaska paid the Governor as an “allowance” for her husband and children’s travel. Can they do that? No, most likely not.

The Palins deducted $9,000 on their 2007 return, claiming it was a loss from Mr. Palin’s snow machine racing activity. Can they do that? Most likely not, but more info could make the deduction OK. If any of the above issues goes against the Palins they then risk getting hit with the section 6662 penalty for “negligence or disregard of rules or regulations.”

Can the Palins avoid the section 6662 negligence penalty by claiming that they reasonably relied either (a) on the W-2’s sent to them by their employer, which did not reflect either the $17,000 or the $43,000, or (b) on their tax return preparer H&R Block, or (c) on Mr. Olsen’s opinion letter dated September 30, 2008? The three reliance defenses are unlikely to succeed, but more info may make the (b) defense a good one.

Does Mr. Olsen have any exposure to sanctions by the IRS because of his letter? I believe Mr. Olsen’s letter probably violates 31 C.F.R. section 10.35. If so, he would be exposed to possible sanctions from the IRS Office of Professional Responsibility.


Also, from TaxProfBlog:

Alaska Violated State Policy in Gov. Palin's Per Diems

Following up on this morning's post, Tax Profs Agree: Gov. Palin's Tax Returns Are Wrong: Jack Bogdanski (Lewis &Clark) notes that the State of Alaska did not follow its own per diem policies in Governor Palin's case, as set forth in this two-page memo, Income Tax Implications of Long-Term Per Diem. Jack notes:

This document is a potential blockbuster. It establishes two important facts:

The state has long acknowledged that it had a duty to determine whether Palin's "tax home" was really Anchorage and Wasilla, a conclusion which would have required that her per diems be reported as taxable income.

The state knew that when an employee is planning to spend a majority of her time on state business in the Anchorage area for a four-year period, Anchorage is the employee's "tax home," and per diems for time spent in the "tax home" are taxable income.
So why didn't Alaska officials follow the state's official policies and report Palin's per diems as taxable income on her W-2? Only they can answer that.

And how can the tax lawyer whose opinion was released by the McCain campaign on Friday say that "no special consideration was ever given to Governor Palin, notwithstanding that she was the governor of Alaska"?
10.8.2008 7:05pm
Sagar (mail):
Anderson and Eric,

You have managed to "distract" the conversation - no one is pointing to David Post's idiocy anymore! congrats:-)
10.8.2008 7:05pm
richard cabeza:
Supposing it were even possible, would you guys really be comfortable sharing the benefits of government without paying your share?

Maybe the government shouldn't be doing those things.

On what possible grounds could you possible assert that we shouldn't have to comply with the explicit terms of our Constitution?

Just because they can levy an income tax doesn't mean they should.
10.8.2008 7:06pm
A Stoner (mail):
Eric Muller
"Please head over to your local VFW Hall and tell the Vietnam vets gathered there that they didn't act patriotically when they served as draftees. Because they were just acting under legal compulsion."

It is their actions that make them PATRIOTIC, and if they acted patriotically while in forced service then they are patriots, but if they acted say like John Kerry did, with express intent of going to the war zone to give him credibility when he got back the USA in order to attack the war effort I would say they are unpatriotic.
10.8.2008 7:07pm
Oren:
Addendum to my 7:03PM --- Especially considering you can't muster a Congressional majority (or even minority or even minority-of-minority) that supports abolishing the income tax, let alone repealing the 16A.

Maybe I'm misunderstanding your use of the word "should"? In most cases, it's a normative word used in references to our legitimate obligations. Perhaps you are using it in some other sense?
10.8.2008 7:07pm
cdog:

Supposing it were even possible, would you guys really be comfortable sharing the benefits of government without paying your share?

We don't need the government to provide any service whatsoever except the military. Schools, roads, fire, police, medical, retirement, etc. could all be provided through private enterprise without government intervention. Of course, that would mean that those who act irresponsibly (e.g., not saving properly for retirement) might get the shaft and not have Uncle Sam come in and bail them out whenever something goes wrong.
10.8.2008 7:07pm
Luke (mail):
how patriotic is it to support a war which you cant afford and instead make future generations pay for it?

Modern conservatism now stands for borrow and spend (mostly on waging war).
10.8.2008 7:07pm
Michael B (mail):
Sarah Palin was right. Paying taxes is an obligation, a duty of citizenship and one that almost always should be done. But it does not constitute patriotic activity as is understood within a certain, well established American ethos.

Can it be endless argued? By lawyers, partisans and others?

Yes, if you wish to spend your time doing that.

Sophists and casuists are a dime a dozen. V. this thread.
10.8.2008 7:09pm
richard cabeza:
Oren: And we can't get both parties to stop talking about continuing to socialize medicine. That doesn't mean it's a good idea.
10.8.2008 7:09pm
Bruce Hayden (mail) (www):
I think that David intentionally misses Gov. Palin's point. There is nothing patriotic about feeding ever more monies to the federal government. Congress routinely spends our own money to reelect themselves, and in many cases, including Biden's, enriching their relatives and friends (and ultimately themselves when they retire). I see nothing the least bit patriotic in supporting that.

It is the entitlement mentality written large that Biden seems to be propounding here. More and more people are entitled to the fruits of our labors. And he is suggesting that it is patriotic for those of us who are paying for his largess to pay for even more of it.

I think that Palin was right to call BS on that.
10.8.2008 7:09pm
Oren:

Schools, roads, fire, police, medical, retirement, etc. could all be provided through private enterprise without government intervention.
>95% of the population has rejected that theory. This is a democracy and the rest of us have the right to organize society in a manner more suitable to us.

That's not to say that your views are wrong in any meaningful sense of the word, they just aren't the policies that a democratic government should put in place because they are at odds with the vast majority of the populace.

Even if what the people want is stupid or irrational, they have the right to get it. Libertarian paternalism is just as bad as liberal paternalism or conservative paternalism -- it implies the right of the speaker to tell people what they want over their objections.
10.8.2008 7:10pm
David Larsomn (mail):
Luke:

"Modern conservatism now stands for borrow and spend (mostly on waging war)."

There you go confusing "republican" and "conservative" again....
10.8.2008 7:11pm
therut (mail):
I would hate to have my world view be one of forcing people with the threat of loss of liberty to support me. It is such a creepy concept I am amazed people think it is moral or good. It breeds resentment. Yet people seem to get a glee out of controlling others at the point of a gun. Personally I do not.
10.8.2008 7:12pm
Oren:

That doesn't mean it's a good idea.

In a democracy, The People are entitled (within the limits of the Constitution) to enact policies that are objectively (whatever that means in this context) Bad Ideas(TM).
10.8.2008 7:12pm
David Larsomn (mail):
Therut:

"Yet people seem to get a glee out of controlling others at the point of a gun. Personally I do not."

You've tried it?
10.8.2008 7:13pm
deepthought:
Re: Palin Tax Problems

The document dump is here.
10.8.2008 7:18pm
Oren:
Also, I realized cdog got me off track. I will repeat my question:
Supposing it were even possible, would you guys really be comfortable sharing the benefits of government without paying your share?

To be clear, the situation is this (stipulated for the sake of argument:

The majority of the people, consistent with their democratic prerogative, have set up a system of government built roads, police, prisons, fire departments, etc... You are unable to convince or force them to abandon these policies. You are also unable to avoid benefiting from them since you do, in fact, drive on the roads, enjoy safety from fire, etc..., even if you don't like it. You are also empowered not to pay taxes, despite your benefits from those taxes.
10.8.2008 7:18pm
MarkField (mail):

Being a patriot is what is in your heart. You might still be a Y if you are forced to do X, but being forced to do X doesn't make you Y.


I think I get it. Sarah Palin is unpatriotic because, in her heart, she resents paying the money that supports our troops. I, on the other hand, am a patriot because I gladly pay that money.
10.8.2008 7:19pm
Elliot123 (mail):
"If the government has things on which it has to spend money, it is sheer Knucklehead Conservatism to say "we need to spend the money -- for a war against our enemies, for example, or to pay the medical costs of our retirees -- but we won't ask people to pay any taxes to fund it."

What's the knucklehead index for paying for billions in pork every year, then saying it's patriotic to pay for even more waste? What's the knucklehead index for sending billions to Washington so some senator can then send it back home to his favorite project?
10.8.2008 7:20pm
Nunzio:
Oren,

It's Republic, not a democracy. And judges long ago interpreted the Constitution in favor of the government.

This is why no flinches when Joe Biden syas the power to "regulate commerce among the states" gives him the power to regulate everything but abortion.

We never voted on that.
10.8.2008 7:20pm
cdog:

>95% of the population has rejected that theory. This is a democracy and the rest of us have the right to organize society in a manner more suitable to us.

When this country was founded, how much of a role did the federal government have in providing any of those services? And I'd say that this country did just fine from then until the early 1900's (when federal income tax was put in place and Congress was given almost limitless power through the commerce clause to get its hooks into virtually any area of society it sees fit).
10.8.2008 7:20pm
Oren:
Whatever you think of the commerce clause jurisprudence, the constitutionality of the income tax is beyond question.
10.8.2008 7:22pm
richard cabeza:
MarkField: How do you know that was the portion of tax she was talking about?

Oren: Yes, you're correct. And I think today's government madates are against the spirit of the Constitution (anything abridging life, liberty, and the pursuit), and some against the letter (including any and all gun bans -- "shall not be infringed" != "Congress shall [not]").
10.8.2008 7:23pm
Oren:
Richard, I'm behind you on the RKBA (within reasonable limits such as RPGs and SAMs) but I don't see the relevance.

The text of the Constitution explicitly gives Congress the power to tax incomes, consistent with the desires of the electorate. That's all we need to know for the purposes of this argument.

I have no objection to attempting to elect anti-tax congresspeople, trying to repeal the 16A, or any other such political opposition. I object to notions that powers acquired under a democratically ratified constitution can be labeled illegitimate (as opposed to mere unwise).
10.8.2008 7:26pm
Nifonged:
Over the last few weeks, I've become less impressed with Palin, but my God, Post is an absolute embarassment. And what's with the term "knucklehead?" Is Post still in the 4th grade?
10.8.2008 7:29pm
richard cabeza:
I was saying that the government shouldn't have an income tax, even if the Amendment stands. The only more-extreme arguments I know of involve trying to argue that the Amendment itself is illigitimate, which happens to be false and, in any case, is folly because it receives the full force of executive enforcement.

As for "desires of the electorate," I tread a fine line between wondering whether voters are malicious or stupid; but the less of my fellow citizens' risk I have to absorb, the better.
10.8.2008 7:31pm
first history:
Nifonged:

With some of her language you could say the same about Palin.
10.8.2008 7:32pm
cdog:
I'm not sure I ever said that federal income tax was unconstitutional. All I am saying is that this country prospered immensely with very little federal government intervention for many years. As a taxpayer, I feel as if a lot of the money I pay is wasted, whether it is on a war, bailouts, or pork projects, that I have very little to no control over where that money goes, and that that will never change regardless of who is elected this November or any November.
10.8.2008 7:33pm
Oren:

I was saying that the government shouldn't have an income tax, even if the Amendment stands.

"Shouldn't" because you don't like it or "shouldn't" based on some principle that I'm not understanding?
10.8.2008 7:35pm
vinnie (mail):
paying your taxes used to be a sure sign of being a patriot. Then a bunch of guys got tired of "taxation without representation" and threw a bunch of tea into a harbor.

I don't feel represented by the bailout. I don't know who does.

I will vote accordingly.
10.8.2008 7:38pm
Ben Franklin (mail):
Government is the means by which people attempt to obtain that which they cannot obtain by legitimate methods. Government is force. It may be a necessary evil, or the lesser of two evils but it is nevertheless evil.

There are certainly more moral and patriotic ways to fund government in a free society. Perhaps we should fund the government through hand-outs, freely given by the people instead of having the government confiscate everyone's wealth and then use the apportionment of it as a means of buying votes. Perhaps we could do it by raffles or lotteries or a million other ways that don't involve forcibly separating people from their possessions.

The modern day left is indistinguishable from any other bunch of Marxists in their ability to rationalise the greatest tyrannies in the name of controlling the thoughts, actions and resources of their fellow citizens. There is NOTHING patriotic about threatening your neighbors with imprisonment, or if they resist, death, so that you can take their money and pay off some investment banker's debt or to buy windmills or any of the other things that politicians and bureaucrats do in lieu of honest work.

This is why only the most contemptible and morally reprehensible of any society become part of the governing class of societies as far down the road to socialism as ours. The job requirements preclude having a conscience that is any more highly developed than that possessed by the average felon.
10.8.2008 7:38pm
Oren:
cdog, I disapprove of some uses of tax dollars to. I just respect the right of the populace to make the rules that I have to follow (within the Const., of course).

There's a difference between disagreeing with a rule/policy and calling it illegitimate. Both people on the right and left have made that mistake more and more recently.
10.8.2008 7:39pm
Oren:

There is NOTHING patriotic about threatening your neighbors with imprisonment, or if they resist, death, so that you can take their money and fund the projects that their elected representatives voted for.


Vinnie, your current taxes are put in place under a written Constitution with an express delegation of authority to a representative body. Taxation without representation it ain't.
10.8.2008 7:40pm
Lily (mail):
But it is really irresponsible, outrageous, and insulting to say that it's unpatriotic?

It is to me.
10.8.2008 7:41pm
Oren:
Incidentally, 70%+ of the populace is in favor of the "bailout" -- a majority large enough to amend the Constitution.

Whatever the framer believed, they certainly believed that if 70% of the population want a policy, they ought to get it and even be able to change the constitution to enact it.

Independence can be trusted nowhere but with the people in mass. They are inherently independent of all but moral law. ~Thomas Jefferson to Spencer Roane, 1819.
10.8.2008 7:43pm
Oren:
s/framer/framers/ $LAST
10.8.2008 7:44pm
MarkField (mail):

How do you know that was the portion of tax she was talking about?


Her reference was to paying taxes generally. Besides, money is fungible; it makes no sense to say that she can limit her taxes only to certain purposes. It all comes out of the same pocket in the end.
10.8.2008 7:45pm
richard cabeza:
MarkField: If you can pretend that paying for socialist programs is equivalent to paying for war, then why can't I pretend that publicly not paying a portion sends a specific message?

Oren: I don't like it because of the principle that, because it brings in as much revenue as it does, government is able to fund programs without feeling the appropriate economic impacts (specifically, it has a bad case of moral hazard). With the addition of wealth redistribution, it also shrinks the economy in order to smooth risks out between welfare recipients and tax payers, which is economically bad and morally wrong. And then there's the use of taxes to modify behavior, which distorts economies in unforeseen ways, though which had been the purpose of even excise taxes when the country began. The government acting as an agent of economic risk management seems to make everything worse.
10.8.2008 7:50pm
Arkady:
Just a question:


Doing something that you are required to do by law (like paying taxes serving on a jury) is not patriotic


Does anybody agree with this? I'm sure most of us have been called to jury duty. And I'm sure most of us when called, have served. But I'm also sure that most of us who have served have observed others come up with the most bogus excuses to get out of jury duty. Bogus, when the real reason was that the service would have been inconvenient. Is that not unpatriotic?
10.8.2008 7:54pm
richard cabeza:
Arkady: It does not require patriotism to comply with law, the alternative of which is fines or incarceration. Similarly, it does not require unpatriotic sentiment to not comply with the law, because there may be (however weak you find them) ethical or moral reasons not to. That is, compliance with law and patriotism are not strictly correlated in all cases.

Skipping jury duty for its inconvenience, while believing that juries are essential to the proper functioning of the judicial system, would indeed be not patriotic.
10.8.2008 8:00pm
NRWO:
I can’t believe it. Almost 140 comments and nobody has mentioned Holmes (“Taxes are the price we pay for a civilized society”) or the Laffer curve. The former suggests why we pay taxes; the latter how much we should pay.

Taxes are important. Without taxes, Obama never would have been able to purchase that 3-million dollar planetarium projector that McCain said he purchased.

I’ve been to the planetarium. I’ve seen the Zeppelin and Floyd shows. If Obama’s projector is what I think it is, it blasts some incredible stuff onto the planetarium walls.

McCain lost the stoner vote.
10.8.2008 8:03pm
Asher (mail):
I think she was saying that there's nothing particularly patriotic about higher taxes, not that higher taxes, or paying them, are affirmatively unpatriotic.
10.8.2008 8:04pm
Shermshermy:
That was among the weakest posts on this very fine site.
10.8.2008 8:05pm
richard cabeza:
NRWO: I thought a Laffer curve illustrated how to maximize revenue. If that much revenue relative to incomes isn't needed, then it's not that important.

And I disagree with that Holmes quote for the most part, but I agree that police power is effective.
10.8.2008 8:07pm
Pon Raul (mail):
Can we all agree that David Post needs to not post about Palin?
10.8.2008 8:13pm
elim:
if you can pretend that fighting in a war is the equivalent of getting a payroll deduction taken from your check in terms of heroism and patriotism, you might be a left wing law professor/hack, two fine examples of which are above.
10.8.2008 8:14pm
JosephSlater (mail):
Meanwhile, conservative columnist David Brooks just said that Palin represents "a fatal cancer to the Republican party."
10.8.2008 8:17pm
Calderon:
Oren said

Supposing it were even possible, would you guys really be comfortable sharing the benefits of government without paying your share?

Approximately 30% of federal tax filers pay no income taxes, and so do not pay any share yet receive the benefits from federal government. Presumably most of them manage to sleep at night.

Gee, I wonder what would happen if Joe Biden went around claiming that the poor are unpatriotic because they don't pay taxes, and that government should increase taxes on "working class" families so they can exult in their patriotism?
10.8.2008 8:19pm
Volokh Groupie:
Good god this post is nonsensical---really where exactly did she say paying higher taxes was unpatriotic? I mean you can't just come out and admit that the claim that 'paying higher taxes is patriotic' is nonsensical so you deflect and try to attack something nobody even suggested?

Can we trade Post for like Tamanaha or Dorf or someone?
10.8.2008 8:21pm
elim:
perhaps the two left wing professors/hacks can go to a VA hospital, look at the people injured in war and see if they still consider themselves heroes for having taxes deducted from their checks. given their posts, they are just about delusional enough that I think they probably would.
10.8.2008 8:24pm
Mike Keenan:
Everyone who want to pay higher taxes is perfectly free to do so. No one is stopping you. In fact, I greatly encourage you to send every penny you have to the government. All of you. Now, please. Write a check and mail it in.
10.8.2008 8:24pm
Brett:
should we not also view someone's service to the nation, in surrendering and even losing their money in the national interest, as in some basic way patriotic?

Sure.

But we're not talking about surrendering and even losing money in the national interest. We're talking about surrendering and losing money so that despicable oxygen thieves like Biden can buy enough votes to remain in office indefinitely. We're talking about the 75% or so of the federal budget that you could improve the lives of average Americans immensely by zeroing out tomorrow.

There is nothing whatsoever that is patriotic about throwing good money after bad.
10.8.2008 8:25pm
Random Commenter:
"Well, you heard it here first, folks: I have uncovered incontrovertible evidence that Sarah Palin has received hundreds of thousands of dollars of tax revenue and converted them to her own personal use!! Where the hell else does she think her salary comes from?"

D Post: try some breathing exercises. Go for a walk. Take up yoga. But please stop posting this crap until you can govern your passions well enough to make sense.
10.8.2008 8:26pm
Pon Raul (mail):
Brooks said "But there has been a counter, more populist tradition, which is not only to scorn liberal ideas but to scorn ideas entirely. And I'm afraid that Sarah Palin has those prejudices. I think President Bush has those prejudices." I agree with him about Bush, but I don't see proof that Palin is that way. If Brooks is correct about Palin being against big ideas, then he would be correct, but I don't see proof of that. Sure, she isn't great at interviews, but I don't know how that would make her against ideas.
10.8.2008 8:26pm
epeeist:
Wow, an allegedly libertarian site is lauding paying higher taxes as patriotic...

Gov. Palin was saying that paying higher taxes -- NOT paying taxes, paying higher taxes -- was not patriotic. I agree. I don't think paying taxes is patriotic either, it's a requirement and a duty. It's no more patriotic than paying a fee to renew my passport is patriotic (or renewing a driver's license or whatever).

Also, as others have also noted, anyone can voluntarily make an extra gratuitous payment to the U.S., I once read there's a statute expressly permitting it. If paying higher taxes is so patriotic, why isn't David Post making voluntary payments? Why isn't Sen. Biden? Etc.

I do think that AVOIDING one's tax burden, leaving it to others to bear an undue portion of the burden, is generally(and arguably) unpatriotic, and I might extend that to cover some technically legal tax avoidance schemes. But even assuming arguendo that tax avoidance is unpatriotic does not ipso facto make paying higher taxes patriotic.

If paying higher taxes is patriotic, is imposing higher fines for speeding patriotic? Higher fines for breaking the law, criminally or not, generally? Higher fees for driver's licenses and hunting licenses and professional licenses and (etc.). There may be good reasons for raising those fees, but to claim that paying more money to the government is inherently patriotic is idiotic.

On tax evasion, there's a humorous quote from a "Nero Wolfe" story by Rex Stout (from about 50 years ago) which I happened to reread recently, in which the character notes to a client that given how late it is in the year, he's already in the 90% (!) tax bracket and it's hardly worth the trouble to work for him, he's offered payment in cash -- to which his reply is that he's not a paragon of virtue and might cheat a man or woman or child, but not 140 million of his fellow citizens.
10.8.2008 8:29pm
richard cabeza:
Search NewsBusters for how "conservative" David Brooks is thought to be. Based on his fawning over Obama, I can't see any conservative, as I understand it, in him.
10.8.2008 8:29pm
CJColucci:
When this country was founded, how much of a role did the federal government have in providing any of those services? And I'd say that this country did just fine from then until the early 1900's

Every time I hear someone say things like this, I wish I could find a time machine and put the speaker to the test.
10.8.2008 8:30pm
Thales (mail) (www):
I agree with David Post. The tenor of most of the outraged or flabbergasted comments shows him to be the sensible and patriotic one. I have yet to actually hear an intelligent thought (indeed, they are barely coherent thoughts) escape Sarah Palin's lips. I've heard a lot of invective masquerading as small town virtue or folksiness, including ignorant mockery of the idea of Obama's having registered African-Americans to vote and inspired them to care about the crumbling communities around them. Even if I agreed with any element of Palin's political platform, I would find that kind of posturing despicable. Is this person of presidential stature? Whatever gravitas McCain had left after selling out to the social conservative and nativist right is diminished every day he associates with this ignorant and base person.
10.8.2008 8:30pm
NRWO:
You’re right. Here’s my nickel: The Laffer curve is based, in part, on two premises: If the government takes all your money, you have no incentive to work (and so tax revenues decline). And, if the government takes none of your money, it collects no revenue (and cannot fund its operations).

Supply-siders argue that lowering tax rates increases incentives to work, which generate additional tax revenue and offset revenue losses from lower rates.
10.8.2008 8:33pm
richard cabeza:
Obama's having registered African-Americans to vote and inspired them to care about the crumbling communities around them

Oh, is that what agitating for government money is? I see. Inspiration comes from federal handouts. The banks know it!
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