Monday, July 16, 2012 | 10 comments

By the Sweat of Thy Brow: Property, Taxation, and Theft

By Jeremy Lyman

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Adam was told by God that “By the sweat of thy brow shalt thou eat bread…” (Genesis 3:19). This was man’s introduction to the basic principle of self-reliance. Another translation of the same verse of scripture puts it this way: “You will have to work hard and sweat to make the soil produce anything…” Even if God had not informed Adam of this principle (or if you don’t happen to believe in God or the Bible), nature itself tells us the same thing. Nature does not provide a delivery system from which we can expect to receive everything we need and/or want. Nature provides the resources necessary for man to survive, but each of us must ultimately work to provide for our needs and for the needs of our families.

Although this principle might seem self-evident, it is worth taking the time to fully understand and to study its implications. There are two possibilities. Either God put man on Earth or man made his appearance “naturally” as the result of processes of nature that are not directed or governed by anything or anyone. In either case, it is easy to see the natural result. Each of us must provide for our own needs. Nobody was given (by God or nature) a superior right to take by force that which another has produced. As such, the only alternative is to provide for oneself. There are certainly those, throughout the history of the world, who have taken by force that which was produced by another. And of course, there are currently those, some under the guise of legitimate government, and some not, that continue this practice. Natural law and logic dictate that this practice should be repulsed and rejected by individuals and society.

In some instances, an objective observation of this practice makes clear that it is outright thievery. This is plainly obvious. Humans, by their very nature, recognize the injustice. But in other instances, the same behavior is accepted and even championed by the masses. For instance, why is government taxation accepted by many as a moral and acceptable practice? Is man, by virtue of nothing more than having been born into the world, somehow indebted to whatever government jurisdiction into which he happens to be born? If some men before him formed a government, does that government now rule over him? By what principle can it be argued that any man is inherently beholden to an institution created by other men? Which men were endowed with an inherent right to forcibly take that which was produced by others? If there were no such men, then how can it be that those same men, having no inherent right to take from others, can form an institution and grant it that right?

I submit to you that there is no rational principle upon which to base any such argument. Each of us has an inherent right to keep that which we produce. It is our private property. After all, we produced it ourselves, with the application of our time, energy, and resources. There is no rational basis upon which one might conclude otherwise.

In the 17th century, John Locke recognized this clear principle. In fact, his writings and philosophies had a profound effect on many of America’s Founding Fathers. They recognized the tyrannical nature of the English government, and it was this tyranny against which they fought. Locke’s principles, particularly those centered around private property rights, were some of the building blocks upon which the founders crafted a new and (then-considered) radical form of government, and upon which they based the Constitution.

Locke stated, in his Second Treatise Concerning Civil Government, that government “can never have a power to take to themselves the whole or any part of the subjects’ property, without their consent. Or this would be in effect to leave them no property at all.” This must be true, for if government can take some from me without my consent, then they can certainly take more, and in fact they can take it all. There is no denying this. If I can’t stop them from taking some now, then how can I expect to stop them from taking more or even all that I have? This leaves the inherent sovereign, the individual, whose natural right is to be ruler over himself, in a position of mere serfdom, grateful for whatever portion of his own production is left within his control. He is effectively left with “no property at all” because government ultimately controls all of the property. After all, government can take as much or as little of his property as it wants, and he can only keep that which government lets him keep.

Consider the national income tax in the United States. The Constitution was adopted by the Constitutional Convention on September 17, 1787. The sentiment of America’s founding generation regarding private property and income taxation was clear. The following quotes should illustrate this sentiment:

To compel a man to furnish funds for the propagation of ideas he disbelieves and abhors is sinful and tyrannical.” — Thomas Jefferson

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.” — John Adams

It is sufficiently obvious, that persons and property are the two great subjects on which Governments are to act; and that the rights of persons, and the rights of property, are the objects, for the protection of which Government was instituted. These rights cannot well be separated.” — James Madison

It should suffice to note that for over a century the United States of America operated without a national income tax. It wasn’t until 1913 (126 years after the adoption of the Constitution) that the Sixteenth Amendment instituted a true national income tax. It was a century and a quarter after America gained her independence from her oppressive master that she took this step backward and adopted a policy that strikes at the very core of what her original purpose was, that flies in the face of the principles upon which she was founded, and that ignores the nature of the government from which she seceded.

There have been many other missteps, but few have had the liberty-diminishing effects as the institution of taxes throughout this country. Most straight thinking contemporaries thought the 400 page US federal tax code was an absurdity and an attack on the most basic principles of freedom and liberty in 1913. Today that code has grown to over 70,000 pages.

Of course, the income tax is just one of many forms of immoral confiscation of personal property. There is a lengthy list of innumerable taxes and fees that would also be appropriately labeled as theft. But the income tax strikes at the heart of freedom. For what purpose do men spend most of their waking lives toiling and laboring? It is that they are innately concerned with their own well-being and with that of their families, and it is just as God said it would be, that is, that only by the sweat of one’s brow might they eat bread.

Some will take this analysis lightly and will ignore the basic principles that prove most taxation to be nothing more than theft. They will do it for various reasons, but none of them will be based on sound principles and sound logic. Many of them will do it based on an argument that the ends justify the means. They argue that taxes are necessary, that “society” as a whole needs to pay for common things such as roads and defense, etc. I would ask those who are making these arguments to consider the detriment to individuals, families and communities that is caused by taxation. Over the past several years, for example, there have been millions of foreclosures each year. There have been millions of bankruptcy filings. Individuals and families have lost everything. During the “Great Recession” families have suffered greater financial setbacks than any time since the Great Depression. Many of those that suffered and continue to suffer were taxed. In other words, they couldn’t afford their homes. They couldn’t meet their financial obligations, but even so they were forced to pay for roads they would never drive on, for city recreational centers they would never use, and for government programs from which they would never benefit.  How can anyone justify taking by force that which another has produced simply to fund someone’s idea of societal needs? As man labors to provide for himself and his family, he should be left with control over his own production.

Utah has been ranked as one of the best managed and fiscally responsible states. But those rankings focus on how well Utah has done at funding their own expenditures. In other words, to some extent, those rankings, held high by Utah politicians and bureaucrats for all to see, are an indication of just how good Utah is at taking from its citizens what they have produced. Utah ranks 20th out of the 50 states as the most burdensome with regard to local and state taxes. Utah, the stronghold of conservative Republicanism, is more burdensome than 30 other states in the union. We can do better. We must do better. When considering any policy question within Utah, the answer is and must always be lower and fewer taxes. Only in that approach can man enjoy the fruits of his labor and feel that the sweat of his brow has resulted in something he can be proud of.

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About the Author

Jeremy Lyman is Director of the Center for Private Property. For the past nine years he has held a real estate license in the State of Utah and has served on the board of directors for the Salt Lake Board of Realtors®, the Utah Association of Realtors®, and the National Association of Realtors®. He is currently the CEO for Blue Mountain Hospital, a Critical Access Hospital located in Blanding, Utah.


7 comments
Dagoof
Dagoof

Thanks.

 

This is a great aritcle

solargroovy
solargroovy

Don't try to use scripture to justify your greed and selfishness. It's amusing to watch the Libertarian dance around Mark 12:17.  "Render to Caesar the things that are Caesar's".

 

Then the pathetic self-sufficiency excuse for being a jerk for your fellow man.  Jesuits, Nuns, and Bishops all called Paul Ryan out for trying to peddle that nonsense.

 

Start dancing around:

Luke 18:22

Sell everything you have and give to the poor, and you will have treasure in Heaven

 

Proverbs 19:17

He who is kind to the poor lends to the LORD, and he will reward him for what he has done

 

Proverbs 28:27

He who gives to the poor wil never want, But he who shuts his eyes will have many curses

 

Since you are from Utah, here is another that might be familiar to you

Mosiah 4:26

And now, for the sake of these things which I have spoken unto you—that is, for the sake of retaining a remission of your sins from day to day, that ye may walk guiltless before God—I would that ye should impart of your substance to the poor, every man according to that which he hath, such as feeding the hungry, clothing the naked, visiting the sick and administering to their relief, both spiritually and temporally, according to their wants

Jeremy Lyman
Jeremy Lyman

 @solargroovy I don't believe there is anything selfish about allowing people to keep and control that which they have produced.I believe as you do that we should all give to the poor, feed the hungry, clothe the naked, visit the sick, etc...  But to take away from one that which he has produced, whether to give to the poor or otherwise, is not in any way a charitable act by the person taking or by the person being taken from.  I believe God's law or nature's law dictate that each individual have the freedom and free agency to choose for themselves, to choose to be charitable.

Dagoof
Dagoof

 @solargroovy 

 

FAIL

 

Govenment does not equal charity.

 

Why is that concept so hard to understand.

libqzy
libqzy

@solargroovy He didn't say render unto Caesar that which Caesar says is Caesars. But what is Caesar's that Caesar has not stolen from the producing class? Giving to the poor is voluntary and only God will judge. Another man has not been given authority by God to judge on His behalf!

solargroovy
solargroovy

 @libqzy  @solargroovy Tribute to Caesar is the same thing as taxation.  Luke 2:1-5 explains that it is a tax.  Joseph went with Mary to Bethlehem to pay their taxes.

 

This was an answer to a trick question from the Pharisees and Herodians because the custom was that 11 tribes all paid a tithe to support the Levites.

 

Leviticus 27:30,32 said that tithes shouldn't be looked upon as giving up money, but as returning the tenth as the LORD's portion.

 

Just like you, they were trying to conflate the issue of the holy tithe and secular tribute to build roads, pay soldiers and public works.  Jesus also knew of the other sordid uses to which the taxes were being used, but still recommended that the taxes (tribute) be paid.

 

In fact, in Mathew 23:23 he appears to give credit to the Pharisee's for paying their taxes, but to have forgotten more important matters like faith, law, mercy and judgment

 

Despite any lack of taxing justification in your Tenther fantasy, the Supreme Court has continuously upheld the power of Congress to tax--that means that the Supreme Court says the tax laws are legal and don't forget what the 12th article of LDS faith says:

  "We believe in being subject to kings, presidents, rulers, and magistrates, in obeying, honoring, and sustaining the law"

 

If you TRULY believe that man hasn't been given authority by God to judge, then you really don't have any reason to say that this person or that should not be using food stamps, farm subsidies, or FEMA disaster funds

 

The claim that these programs keep people from gaining self-sufficiency is a transparent excuse to deny aid to people that you JUDGE as not being worthy of aid, while Oil companies continue to reap record profits and yet claim that they would be hurt by loosing their subsidies and tax benefits.

Trackbacks

  1. […] a previous post, I argued that all taxation is essentially theft, and this case is no different. Government has no […]

  2. […] provide order, and that it must be financed through taxes.  I would contend otherwise, as I have here, but if taxes are to remain (as a necessary evil), then shouldn’t they be administered […]

  3. […] Indeed! By taking a person’s property from them without their consent, taxes do in fact violate PPRs. Don’t believe me? Take it from the Libertas Institute. […]

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