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The Constitutional Role of Government During Disasters

Larry LaBorde
Sep 20, 2005

Much has been written about New Orleans and the recent disaster but most of it is about how the federal government is not doing enough. This begs the question, "What should the federal government do? or What is enough?".

One of my favorite stories about federal government charity is the time tested story of Davy Crockett's actions in the US congress concerning charity. I will not bother to reprint it here but I encourage you to cut and paste the following link and read it for yourself at www.lewrockwell.com/orig4/ellis1.html.

In this story Col Crockett relates how there is no constitutional authority for the federal government to distribute any charitable funds to anyone regardless of how noble the cause. In short, he states that the public funds are just not his to distribute outside of constitutional authority. He does, however, give generously of his own funds. It is perhaps the best story against federal charity I have ever read.

In that same vein, no regulated utility should ever be allowed to give to charity since those gifts end up on your phone and electric bills. Free men should not be taxed for charity. Free men should be able to give their time and treasure as they see fit.

My own opinion is that the federal government should get out of the way. Our personal efforts at delivering disaster relief supplies and the humanitarian evacuation of my 84 year old wheelchair bound Aunt with a feeding tube who was trapped in the NO convention center only proved that the government was in the way most of the time. Perhaps in the coming weeks after a little time has passed I can write about her harrowing escape and the heroes (family, friends and loyal employees) who made it possible in spite of the government help that nearly killed her.

One of our local policemen from North Louisiana who volunteered (there was no shortage of them) to go to New Orleans was really frustrated at the lack of command and control. He stated that the local NO police had allowed their ammunition stores to flood and therefore had a very limited amount of bullets to police the streets when they were needed the most. As a result the crime situation got out of control very quickly. He said that communications were poor at best and that orders that were issued had trouble making it down the chain of command. Finally the National Guard showed up to help restore order.

Many other first responders such as firemen and EMS volunteers reported sitting for days without being able to move into the City and help. Many of these first responders were held up in FEMA sensitivity classes. Doctors and medical teams were not allowed to help from other states because of state licensing law conflicts. Many such volunteers simply left and went home because the red tape of government bureaucracy would not allow them to help. Others simply moved into the City and started helping where ever they thought help was needed without official orders.

Now that the government has stabilized the situation and the killing and looting are over they are forcing a mandatory evacuation of the residents who survived the hurricane but can not seem to survive the government. Elderly people are being forced out of their homes by brute physical force even while business owners are being allowed back into the City. Guns are being confiscated by force from lawful citizens who stayed behind to protect their property. Official armed guards (probably from Halliburton) have been allowed to stay in the city and protect the property of the wealthy evacuees but woe to the middle class citizen who can not afford a private security guard and tries to do the job himself. The government has now decided to get tough on the honest citizens (knocking down old women trying to defend their homes) now that it is safe on the streets. Where were they during the systematic looting of the homes in the Garden District? That was when it was time to get tough ­ not now that the city is safe enough to allow businessmen back into the city.

Contrast the lawlessness in New Orleans to Algiers just across the river. In Algiers there was law and order. Very little looting was reported because the citizens formed a solid neighborhood watch group (yes that's right, they formed a militia). They armed themselves, set up crude alarms of tin cans on strings at night and rigged car headlights and car batteries for emergency night lights. They organized patrols and night watches. After all this they are now being told it is too dangerous to be in the city and they must evacuate. Why is it not too dangerous for the government workers to be in the city?

This country is still the most generous on earth. Volunteers with supplies and equipment could have handled the disaster. The Coast Guard rescued about 2,000 people from roof tops as was well covered on all the news networks. What is less known is that the State Wildlife and Fisheries along with volunteers rescued over 20,000 stranded citizens with small boats. About 80% of the people of New Orleans evacuated all on their own and made their own arrangements without any help from the government at all. There is much talk concerning the poor being unable to evacuate. Mutual aid societies for years handled this sort of thing. Local churches using church busses could have evacuated the old and infirm to partner churches further north by prearranged plans. If people would have been taught to rely on themselves and each other instead of the nanny state then they would have made their own arrangements beforehand and had hundreds of mini-evacuation plans in place. Instead they were all told not to worry. The government has formulated the BIG PLAN that will take care of everyone. No need to worry, we have everything under control.

So what should the government do in an emergency? Why they should simply perform the primary role of government in normal times of course. Keep law and order as much as possible during a crisis. Maintain the roads and routes of ingress and egress into and out of the city as best they can. They should also maintain the infrastructure such as public utilities. All these issues are tough during normal times and Herculean during disasters.

In the aftermath of the natural disaster President Bush is now volunteering to fund the reconstruction. He is even vowing to erase the poverty and racial inequity that is the official excuse for the looting and killing. I suppose the republicans are finally going to deliver on that "40 acres and a mule" promise they made 140 years ago. They didn't deliver back then and I do not expect them to deliver now. FEMA is setting up mobile home villages throughout the South. They are coming in with heavy hands and plopping them down where ever they please without regard to zoning, municipal planning or cost. This federal reconstruction of the South is slated to be as big of a failure as their previous attempt. If FEMA must do something then extend loan money to New Orleans to clean the debris from public spaces and to rebuild the water, sewage and drainage systems so that private industry can get back to business within the City and recreate jobs.

The President and others are calling for even more spending (100 billion now with much more to follow) and pledging not to raise taxes. Does your wallet feel about $1,200 lighter if you are a family of four? We are already borrowing almost 2 billion dollars a day just to maintain the day to day obligations of the country. Where is this extra money going to come from? How much of this federal money will line the pockets of politicians and their friends just like the money to fix the levees in New Orleans? Much of what is wrong with our formerly great cities is the fault of Washington. How do we expect that they can fix anything? Has anyone followed the price of gold lately? Apparently the entire world is also wondering how our federal government can afford to spend such great sums of money to rebuild when they are already borrowing so much.

The best thing the federal government can do is to keep their fine promises to themselves, remove their obstacles and barriers and just get out of the way. Washington keeps forgetting that they did not build this country. Strong individual men and women built this country and if the DC crowd will just get out of their way those same individuals will put things back.

I would finally like to say that I hope everyone will continue to give of their time and their treasure to help relieve the suffering of our fellow citizens. Give to your local charity, church or mutual aid society where you feel your money will be best spent. And to those of you who have already donated to my fellow Southerners I would like to say thank you from the bottom of my heart.

Larry LaBorde
Silver Trading Company
318-470-7291
website: www.silvertrading.net
email: llabord@aol.com


Larry lives in Shreveport, LA with his wife Puddy, and sells precious metals at the Silver Trading Company.

Larry can be contacted at
llabord@aol.com. You can view his web site at www.silvertrading.net.

Send questions, comments or corrections to
llabord@silvertrading.net.

"Please note that I am by no means a financial advisor and all investments should only be made after performing your own due diligence." -Larry

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