(Mises Institute)—One of the most pernicious aspects of civil rights law is that it has abolished the presumption of innocence. Motive and intention are irrelevant in establishing liability for discrimination.
Under the concept of disparate impact established in the notorious case of Griggs v. Duke Power (1971), any employment policy or practice that operates to exclude black people “is prohibited, notwithstanding the employer’s lack of discriminatory intent.” As held in Griggs: “Congress directed the thrust of the Act to the consequences of employment practices, not simply the motivation. More than that, Congress has placed on the employer the burden of showing that any given requirement must have a manifest relationship to the employment in question.”
Any practices having disparate impact, such as tests disproportionately failed by black people, are prohibited unless they can be justified as necessary to job performance. Proving such justification is onerous and costly. The rationale given in Griggs is that Congress, not the employer, gets to decide what tests are necessary for a job based on what is described as a commonsense approach: “Diplomas and tests are useful servants, but Congress has mandated the common sense proposition that they are not to become masters of reality.” Yet this notion of “common sense” is not entrusted to the employer but mandated by Congress through the Equal Employment Opportunity Commission (EEOC).
Further, as stated in Griggs, the burden of proof is reversed from accuser to accused. Once a prima facie case is made out—for example, by statistics that show a gap in group outcomes or results—the burden is on the employer to show that there was no discrimination.
Although tests and other measures of merit are not absolutely forbidden, they are costly to justify, not least because they are subject to scrutiny by the EEOC. This goes against the basic concept of contractual freedom and freedom of association: it is no freedom if there is a legal duty to give reasons for a decision that must meet with the approval of the EEOC. The duty to give reasons and justifications turns the employer’s common-law liberty into a mere license held at the will of the state. This duty to give reasons and justifications for contractual decisions or decisions about whom to associate with also violates the principle of self-ownership. As Hans-Hermann Hoppe remarks in his “Introduction” to The Ethics of Liberty,
In The Ethics of Liberty Rothbard gives the following answer to the question of what I am justified doing here and now: every person owns his own physical body as well as all nature-given goods which he puts to use with the help of his body before anyone else does; this ownership implies his right to employ these resources as onesees fit so long as one does not thereby uninvitedly change the physical integrity of another’s property or delimit another’s control over it without his consent.
Perverse Incentives
The civil rights framework creates perverse incentives for employers to hire by quota in order to avoid incurring liability for discrimination. The hazard is that unless attention is paid to factors such as race and sex, statistical analysis might thereafter reveal gaps that call for an explanation. In this way, civil rights law—which purports to eliminate discrimination—in fact encourages discriminatory practices because it shifts the focus away from merit-based decisions toward constructing employment statistics that reflect all groups proportionately. The creation of this perverse incentive may be illustrated with the example of age discrimination:
Have you discriminated on grounds of age? Not to your mind. You are thinking only of job skills and profitability. But from the perspective of a government planner with an agenda, it is different. Looking at the facts, it seems like a clear case of age discrimination.
With this new court decision, the burden of proof is on you to show otherwise. But how can something like the absence of a motivation be demonstrated? Now, it is possible or even likely that you might be able to show that factors other than age constitute the main reason for the disparity. But it is a toss-up as to whether the court or the EEOC will agree with you.
The only way to be off the hook completely is to pad your workforce with people hired because they are older.
The effect of civil rights law is therefore to replace the presumption of innocence with a presumption of strict liability to pay compensation for gaps in outcomes. This is indeed totalitarian. It has far-reaching effects beyond the facts of specific cases, creating a system in which innocence and guilt are determined by state officials without regard to basic principles of fair adjudication.
This doctrine of strict liability to pay compensation for any gaps in racial group outcomes is also being extended to justify liability to pay global reparations. There is a “wealth gap” between rich and poor countries, so the first world must transfer wealth to the third world through reparations regardless of whether taxpayers in rich countries are responsible for the economic conditions pertaining in poorer countries:
The “constructive project” [demanding global reparations] to a large extent rests on claims that the ancestors of whites living today mistreated the ancestors of blacks living today. But why are people morally responsible for what their relations have done in the past? Táíwò slices though the problem. It doesn’t matter, he says, whether they are responsible: they are still liable for the damages to the descendants of the mistreated.
An innocent person is under no moral obligation to submit to such strict liability obligations. Holding people liable to pay for wrongs of which they are not guilty goes against the presumption of innocence and the maxim that the burden is always on the accuser to prove his case. Ei incumbit probatio qui dicit, non qui negat: the burden of proof lies on him who asserts, not him who denies. In violating the presumption of innocence, civil rights law is incompatible with the basic principles of justice.
Note: The views expressed on Mises.org are not necessarily those of the Mises Institute.
Five Things New “Preppers” Forget When Getting Ready for Bad Times Ahead
The preparedness community is growing faster than it has in decades. Even during peak times such as Y2K, the economic downturn of 2008, and Covid, the vast majority of Americans made sure they had plenty of toilet paper but didn’t really stockpile anything else.
Things have changed. There’s a growing anxiety in this presidential election year that has prompted more Americans to get prepared for crazy events in the future. Some of it is being driven by fearmongers, but there are valid concerns with the economy, food supply, pharmaceuticals, the energy grid, and mass rioting that have pushed average Americans into “prepper” mode.
There are degrees of preparedness. One does not have to be a full-blown “doomsday prepper” living off-grid in a secure Montana bunker in order to be ahead of the curve. In many ways, preparedness isn’t about being able to perfectly handle every conceivable situation. It’s about being less dependent on government for as long as possible. Those who have proper “preps” will not be waiting for FEMA to distribute emergency supplies to the desperate masses.
Below are five things people new to preparedness (and sometimes even those with experience) often forget as they get ready. All five are common sense notions that do not rely on doomsday in order to be useful. It may be nice to own a tank during the apocalypse but there’s not much you can do with it until things get really crazy. The recommendations below can have places in the lives of average Americans whether doomsday comes or not.
Note: The information provided by this publication or any related communications is for informational purposes only and should not be considered as financial advice. We do not provide personalized investment, financial, or legal advice.
Secured Wealth
Whether in the bank or held in a retirement account, most Americans feel that their life’s savings is relatively secure. At least they did until the last couple of years when de-banking, geopolitical turmoil, and the threat of Central Bank Digital Currencies reared their ugly heads.
It behooves Americans to diversify their holdings. If there’s a triggering event or series of events that cripple the financial systems or devalue the U.S. Dollar, wealth can evaporate quickly. To hedge against potential turmoil, many Americans are looking in two directions: Crypto and physical precious metals.
There are huge advantages to cryptocurrencies, but there are also inherent risks because “virtual” money can become challenging to spend. Add in the push by central banks and governments to regulate or even replace cryptocurrencies with their own versions they control and the risks amplify. There’s nothing wrong with cryptocurrencies today but things can change rapidly.
As for physical precious metals, many Americans pay cash to keep plenty on hand in their safe. Rolling over or transferring retirement accounts into self-directed IRAs is also a popular option, but there are caveats. It can often take weeks or even months to get the gold and silver shipped if the owner chooses to close their account. This is why Genesis Gold Group stands out. Their relationship with the depositories allows for rapid closure and shipping, often in less than 10 days from the time the account holder makes their move. This can come in handy if things appear to be heading south.
Lots of Potable Water
One of the biggest shocks that hit new preppers is understanding how much potable water they need in order to survive. Experts claim one gallon of water per person per day is necessary. Even the most conservative estimates put it at over half-a-gallon. That means that for a family of four, they’ll need around 120 gallons of water to survive for a month if the taps turn off and the stores empty out.
Being near a fresh water source, whether it’s a river, lake, or well, is a best practice among experienced preppers. It’s necessary to have a water filter as well, even if the taps are still working. Many refuse to drink tap water even when there is no emergency. Berkey was our previous favorite but they’re under attack from regulators so the Alexapure systems are solid replacements.
For those in the city or away from fresh water sources, storage is the best option. This can be challenging because proper water storage containers take up a lot of room and are difficult to move if the need arises. For “bug in” situations, having a larger container that stores hundreds or even thousands of gallons is better than stacking 1-5 gallon containers. Unfortunately, they won’t be easily transportable and they can cost a lot to install.
Water is critical. If chaos erupts and water infrastructure is compromised, having a large backup supply can be lifesaving.
Pharmaceuticals and Medical Supplies
There are multiple threats specific to the medical supply chain. With Chinese and Indian imports accounting for over 90% of pharmaceutical ingredients in the United States, deteriorating relations could make it impossible to get the medicines and antibiotics many of us need.
Stocking up many prescription medications can be hard. Doctors generally do not like to prescribe large batches of drugs even if they are shelf-stable for extended periods of time. It is a best practice to ask your doctor if they can prescribe a larger amount. Today, some are sympathetic to concerns about pharmacies running out or becoming inaccessible. Tell them your concerns. It’s worth a shot. The worst they can do is say no.
If your doctor is unwilling to help you stock up on medicines, then Jase Medical is a good alternative. Through telehealth, they can prescribe daily meds or antibiotics that are shipped to your door. As proponents of medical freedom, they empathize with those who want to have enough medical supplies on hand in case things go wrong.
Energy Sources
The vast majority of Americans are locked into the grid. This has proven to be a massive liability when the grid goes down. Unfortunately, there are no inexpensive remedies.
Those living off-grid had to either spend a lot of money or effort (or both) to get their alternative energy sources like solar set up. For those who do not want to go so far, it’s still a best practice to have backup power sources. Diesel generators and portable solar panels are the two most popular, and while they’re not inexpensive they are not out of reach of most Americans who are concerned about being without power for extended periods of time.
Natural gas is another necessity for many, but that’s far more challenging to replace. Having alternatives for heating and cooking that can be powered if gas and electric grids go down is important. Have a backup for items that require power such as manual can openers. If you’re stuck eating canned foods for a while and all you have is an electric opener, you’ll have problems.
Don’t Forget the Protein
When most think about “prepping,” they think about their food supply. More Americans are turning to gardening and homesteading as ways to produce their own food. Others are working with local farmers and ranchers to purchase directly from the sources. This is a good idea whether doomsday comes or not, but it’s particularly important if the food supply chain is broken.
Most grocery stores have about one to two weeks worth of food, as do most American households. Grocers rely heavily on truckers to receive their ongoing shipments. In a crisis, the current process can fail. It behooves Americans for multiple reasons to localize their food purchases as much as possible.
Long-term storage is another popular option. Canned foods, MREs, and freeze dried meals are selling out quickly even as prices rise. But one component that is conspicuously absent in shelf-stable food is high-quality protein. Most survival food companies offer low quality “protein buckets” or cans of meat, but they are often barely edible.
Prepper All-Naturals offers premium cuts of steak that have been cooked sous vide and freeze dried to give them a 25-year shelf life. They offer Ribeye, NY Strip, and Tenderloin among others.
Having buckets of beans and rice is a good start, but keeping a solid supply of high-quality protein isn’t just healthier. It can help a family maintain normalcy through crises.
Prepare Without Fear
With all the challenges we face as Americans today, it can be emotionally draining. Citizens are scared and there’s nothing irrational about their concerns. Being prepared and making lifestyle changes to secure necessities can go a long way toward overcoming the fears that plague us. We should hope and pray for the best but prepare for the worst. And if the worst does come, then knowing we did what we could to be ready for it will help us face those challenges with confidence.
