Gracy Olmstead puts her finger on what bothers her about Cliven Bundy, the Nevada rancher whose refusal to pay fees for grazing his cattle on federal land ended up in an armed standoff with government agents last weekend:
Bundy isn’t upholding state sovereignty—he’s upholding his own personal conception of state sovereignty. … The problem with Bundy’s stance is that he has no higher end in this fight than his own interests. Though it’s true that the federal government’s takeover of Nevada land is decidedly frustrating to many, there are other methods of protest—less flashy and attention grabbing, perhaps, but methods which appeal to both parties and grasp the importance of compromise and persuasion. But Bundy is not interested in such methods. Rather than using the avenues and pathways presented to him, Bundy has staunchly declared his own law and allegiances.
Unfortunately, reality doesn’t work this way. If only it did—we could rebel for paying stupid taxes, refuse to ever attend jury duty, sell whatever we want on the streets without a license. Maybe our world would be better for it—or maybe it would become chaotic and anarchical, characterized by a tyrannical majority that insists on whatever it wills for its own good.
Danny Vinik takes NRO’s Kevin Williamson to task for comparing Bundy to George Washington and Mahatma Gandhi:
Bundy has all the rights and privileges that Gandhi’s and Washington’s people so desperately sought. He can speak his mind freely and practice whatever religion he wants. He can use an impartial judicial system to make grievances and he has the right to bear arms. Those last two should be obvious, given what has happened. …
Bundy also has the most precious right at all—the one that was at the very heart of Indian and American independence movements. He can vote in elections that determine who governs the country. But he can’t dictate outcomes he wants. And that’s his grievance: He objects to federal laws that prohibit his cattle from using government land. Bundy has at his disposal the same tools for fighting this as every other American citizen. He can organize, write letters and support kindred interest groups—whatever it takes to elect officials who will change that land policy. But until that happens, he remains subject to those laws.
Waldman also weighs the problems with what he calls Bundy’s “uncivil disobedience”:
Civil disobedience means breaking a law, publicly and calmly, and then accepting the punishment the law provides, in order to draw attention to a law that is unjust and should be changed. The law Cliven Bundy is breaking says that if you graze your cattle on land owned by the federal government, you have to pay grazing fees. I haven’t heard anyone articulate why that law is unjust. People are saying that the government owns too much land in Nevada, and maybe it does, but until the government sells it to you and you own it, you have to pay to use it. There isn’t any fundamental question of human rights or even the reach of government in question here at all. Mr. Bundy also doesn’t have the right to walk into the local BLM office and stuff all their staplers and pens into his knapsack and walk out.
Secondly, and just as important, there’s nothing “civil” about Bundy’s disobedience. If it was civil disobedience, he’d pay what he owes and then try, through the courts and public opinion, to change what he sees as these unjust grazing fees. But he hasn’t done that. He just refused to pay, and then led a heavily-armed standoff with the government.