Author Archives: Kevin Boyd

Louisiville Should Find Way To Accomodate Home-Sharing


Published originally at the R Street Institute’s blog:

The growth of the popular home-sharing website Airbnb over the past few years has engendered opposition in some quarters. Most recently, Louisville, Ky. is the latest city to try and essentially ban the service.

Airbnb allows homeowners to rent out a spare room, a couch or even an entire house on a short-term basis to travelers. Hotels and the rest of the lodging industry don’t like it because, in many cases, Airbnb rentals are priced cheaper than hotel rooms on a per-night basis.

Louisville says that property owners who rent their properties on Airbnb are essentially operating illegal hotels. According to The Courier-Journal, owners who don’t stop renting out their properties on Airbnb could be subject to fines of as much as $500 a day.

Read more here


I’m one of the original co-founders of The Liberty Papers all the way back in 2005. Since then, I wound up doing this blogging thing professionally. Now I’m running the site now. You can find my other work at The and Rare. You can also find me over at the R Street Institute.

Why Are Young Libertarians More Interested In Utopia Than School Choice?


Editor’s Note: This is a guest post from Veronica Peterson whom I met at a recent Franklin Center conference. She was formerly with California

As an advocate for libertarian philosophy I have found the common conception of “libertarianism” seems to be one of mixed ideas and an internal clash of anarchism vs. state-ism.

It seems among ourselves, the only thing libertarians can agree on is that individuals have rights—from there war breaks out between the utopias of everyone involved in a discussion (but don’t worry, the sacred NAP keeps the peace—or fosters more war). These discussions usually hit a brick wall when everyone concerned realizes that nobody is willing to accept someone else’s utopia, and someone calls someone else a “statist” or depending upon their feelings about the NAP, a “filthy statist.”

Libertarians like to discuss all sorts of important political topics like immigration, economics, the environment, and intellectual property. Each libertarian creates a utopia, centered in the concept of individual rights, and explains how their perfected version of the State can accommodate these rights (or not).

But for a group of people who are so passionate about the rights of individuals, it surprises me there aren’t more—and more fruitful—discussions of school choice.

It seems libertarians would be interested in the rights of the parents and government authority, but the topic of school choice is embedded with slightly less obvious rights, as well as our government supporting autonomy. Then we are faced with the reality that while we seem to believe in supporting liberties and markets, the government is facilitating actual liberty for families and children where it was not otherwise achievable.

Young libertarians should be up in arms over these ideas. Young libertarians have the opportunity to create and enact a libertarian ideal in the real world—that will help their own children—if they begin now.

Last month the Franklin Center held their #AmplifyChoice event in the Washington DC, area to raise awareness of National School Choice Week. The event included campus tours, meeting with teachers, families, and students, lectures about the logistics of charter schools and education, as well as opportunities to ask one on one questions with experts in education, politics, and operators of private and charter schools.

In contrast to many areas of the country, families in the Washington DC area have many educational options for their children. The DC area offers traditional public schools or a diverse choice of public charter schools and private schools.

Now here is one of the twists: the DC area offers the Opportunity Scholarship, which awards qualifying students scholarships to attend private schools. This scholarship is federally funded and is only available to the DC area. There are about 50 private schools accept students using this scholarship for their tuition.

This scholarship helps break down economic barriers and overall families more educational options—but it is federally funded…

Ok, so, government funding isn’t uncommon for schools. Traditional public schools are the standard in the governmentally funded education. These are where you end up if there are no other options—children are entitled an education, and what the government provides them is what they get.

What’s interesting is the most common alternative (besides home schooling) is public charter schools that are regulated differently state to state. DC has created a system that leaves charter schools funded through the government while leaving them autonomous. This autonomy is possible because of the District of Columbia Public Charter School Board (PCSB), which authorizes and oversees the public charter schools that are run by independent nonprofits. Charter schools have the freedom to use the teaching methods that the individual nonprofits choose, in contrast to whatever the government wants to teach your kids. Focusing on quality education, PCSB bases a tiered rating system of charter schools on student progress, parent satisfaction, and student achievement.

Why is this not a thing everywhere?

The liberty movement is the prime group to advocate for educational freedoms and the autonomy of families. Why are we arguing over who is a “real libertarian,” and instead be arguing over what schooling options are legitimate and why?

I’m one of the original co-founders of The Liberty Papers all the way back in 2005. Since then, I wound up doing this blogging thing professionally. Now I’m running the site now. You can find my other work at The and Rare. You can also find me over at the R Street Institute.

An Article V Convention Is A Great Idea……If You Want To Destroy The Republic


Article V to the U.S. Constitution lays out two methods for amending the Constitution:

  1. Congress passes an amendment by two-thirds vote and sends it to the states for ratification
  2. Two-thirds of state legislatures pass a resolution call for a convention to propose amendments, that would be sent to the states for ratification.

Amendments proposed either way have to be ratified by three-fourths of the states. All 27 amendments to the Constitution have been proposed by the first way. However, many conservatives are calling for an Article V Convention of The States to curb what they see is a Federal government that refuses to deal with a debt crisis, regulatory overreach, infringements upon state sovereignty, and Federal government overreach. Other Article V proposals include the “liberty amendments” that were proposed in 2013 by conservative talk show host and constitutional attorney Mark Levin.

However, without dealing with the specifics of the proposals laid out by those who are supporting an Article V convention, I believe that an Article V convention is a terrible approach to amending the constitution and in fact will likely result in a less free America.

The first problem with the Article V convention is that it’s never been tried before, with good reason. Matthew Spalding wrote this for the Daily Signal:

The requirement that amendments proposed by such a convention must be ratified by three-fourths of the states is a significant limit on the process and would likely prevent a true “runaway” convention from fundamentally altering the Constitution. But we don’t think it is at all clear, for instance, that two-thirds of the states calling for an amendments convention can limit the power of all the states assembled in that convention to propose amendments to the Constitution. Other questions include the many practical aspects of how an amending convention would operate and whether any aspects of such a convention (including going beyond its instructions) would be subject to judicial review.



Which leads to the second problem with an Article V convention, which is that everything will be on the table. The New American magazine reports that at least one progressive PAC is calling for an Article V convention in order to pass an amendment to overturn the Citizens United decision. In addition, progressive Supreme Court Justice John Paul Stevens has released a wish list of amendments. In an Article V convention, all of these things can be considered and what may result if a series of proposed of amendments reflecting a populist smorgasbord of proposals designed to cobble together the support of 37 states.

The third reason why an Article V convention should be rejected is that all of these proposed changes can be accomplished through the normal Congressional amendment process. An Article V convention should be reserved just for national emergencies given all the inherent unknowns that would be involved. No one in their right minds can credibly argue that any issue we’re facing right now that an Article V convention would remedy is truly a national crisis that needs to be solved with the dramatic step of a constitutional amendment, let alone one passed in this measure.

The final reason why liberty-lovers should reject an Article V convention is that it essentially is a shortcut to doing the hard work of persuading fellow Americans and our representatives that we need to make these changes. What the Article V proponents are essentially trying to do is to overturn 80 years of election results without actually putting in the hard work of persuading fellow Americans that they should make the changes. If they could not convince the American people to endorse this agenda in an election, how are they going to convince 37 states to endorse these ideas?

An Article V convention is a radical measure that will, unfortunately, provide a platform for populist demagogues to promote their agenda to the detriment of liberty. Need I remind everyone that the original mandate of what became the Constitutional Convention in Philadelphia in 1787 was merely to revise the Articles of Confederation. Instead, it produced a brand new governing document. It’s just as likely that an Article V convention will produce a constitution that will radically different than what its proponents advocate.

In the end, there’s just simply too much risk and too many unknowns surrounding the Article V convention to go down that road.

I’m one of the original co-founders of The Liberty Papers all the way back in 2005. Since then, I wound up doing this blogging thing professionally. Now I’m running the site now. You can find my other work at The and Rare. You can also find me over at the R Street Institute.

The Problem With Today’s ‘Conservatives’: They’re Not Really Conservative


When Republicans took control of the Congress in the 2014 elections, they did so without an agenda or alternative vision for the country. In spite of this, they hold their largest majority since before World War II.

It seems they achieved this, not because they laid out a clear alternative, but simply because the American people perceived Democrats and the left, as having failed to govern the country (or having done so poorly).

However, a couple of long-term problems for the Republican Party have developed since November’s elections. The first being that President Obama’s approval ratings have begun to rebound. The second, is that Republicans are fighting amongst themselves, again, instead of laying out any credible alternative agenda for the country. The Republican Party seems to be strongly divided between it’s “establishment” wing, and a more conservative Tea Party-aligned wing.

The biggest problem however, is that the Tea Party, and many of the self identified “conservatives” aren’t really conservatives at all. They’re really populists, ideologues, and radicals, that have abandoned traditional conservatism.

Ultimately, this is bad for the entirety of what could be called the “center-right”, because these people frankly make us look insane. When you try to build a movement purely on rhetoric and rabble rousing, without a solid foundation, history has shown that bad things happen.

During the French Revolution, there was a faction of revolutionaries called the Jacobins. The Jacobins were fiery populists, who aligned with the mobs on the streets of Paris, and eventually took over the revolutionary government, installing what came to be known as “The Reign of Terror“. Under the Jacobins, the revolutionary councils known as “committees of public safety”, targeted essentially anyone who disagreed with the Jacobins in the slightest, as “enemies of the people”. This demagoguery resulted in the deaths of thousands, in mob led mass executions.

Eventually, the French Revolution collapsed into near anarchy and was devoured, when in reaction to Jacobin misrule, Napoleon seized power in the Coup of 18 Brumaire.

An English member of Parliament, Edmund Burke, warned that the French Revolution would descend into tyranny. In his famous book “Reflections on the Revolution in France”, Burke argued for gradual change; emphasizing the necessity of specific, concrete rights and liberties; and essentially that society could not be, or should not be, molded or reshaped by government, in the name of “reason.” It was an argument against central planning and utopianism before they became more developed political concepts. Burke’s work is regarded as one of the founding documents of Anglo-American conservatism. and even Freidrich Hayek was heavily influenced by Burke.

Fast forward to today’s American er…..”conservatives”. What generally poses for conservatism these days is the Tea Party movement. To be perfectly blunt, the Tea Party isn’t very conservative at all. The Tea Party are demagogues who seem to want to launch a revolution against the “establishment”. Except, the problem is, they’re not too sure what the “establishment” is. They’re populist radicals and reactionaries, who have no idea what conservatism is.

The latest case in point, the silly and failed attempt to remove John Boehner as Speaker of the House, launched by Tea Party-aligned Congressmen, and egged on by various Washington D.C. and West Coast-based “grassroots” organizations who never miss an opportunity to fundraise over manufactured outrage.

The challenge to Speaker Boehner began when Oklahoma Congressman Jim Bridenstine announced he wasn’t going to vote for Boehner. He cited his opposition to the so-called Cromnibus which was passed in order to keep the government open, late last year. Bridenstine, like many conservatives, was opposed to the bill because it funded the Department of Homeland Security and President Obama’s immigration executive amnesty until February, and because it spent too much. Tea Party opportunists and other irrelevant backbenchers, saw an opportunity for self-promotion and self aggrandizement through the entertainment wing of the Tea Party (talk radio, bloggers who specialize in the daily “outrage”), and decided to “challenge” John Boehner.

Eventually, Congressman Louie Gohmert (R-Texas), and Congressman Ted Yoho (R-Florida), threw their tin foil hats into the ring and challenged Boehner for the position of speaker. In a way, both men are a perfect microcosm of everything wrong with the Tea Party movement. Congressman Daniel Webster (R-Florida) also entered the race, but he’s generally an unremarkable backbencher (as well as one of the most liberal Republicans in congress).

A quick Google search would quickly tell you that these are not serious men, let alone serious alternatives to Speaker John Boehner. No one outside of Florida knows who Daniel Webster is, and sadly that probably makes him the most qualified out of the three. Ted Yoho’s big claim to fame is that he’s a birther who wants to find Obama’s secret Kenyan birth certificate in order to nullify Obamacare or something.

Finally, we have Louie Gohmert who is truly little more than a demagogue with no philosophical foundation. Gohmert once took to the floor of the U.S. House to warn about terrorist babies. Oh and Gohmert is also a birther. Gohmert has a long history of demagoguery both as a judge and a Congressman. There’s crazy and then there’s Louie Gohmert. 

Even those who dislike John Boehner (and there are many) would have to concede that, if they were honest, these three men were not qualified to be second in line for the office of President.

The problem, is that instead of presenting a coherent alternative to progressivism, the Tea Party and its allies have resorted to base demagoguery and reactionary populism. Further, they are imposing strict purity tests (the true mark of a Jacobin) to identify who they see as “the enemies of conservatism” and “Betrayers of the American People”. Only their ideas and positions are allowed, all must conform perfectly, there can be no dissent.

Take, for example, the case of Congresswoman Mia Love (R-Utah) a conservative rock star who voted for Boehner to continue as Speaker, and how she was vilified on social media:

There are many other examples like these on Twitter. Essentially, anyone who voted for the Speaker of the House, who oversaw at the very least a freeze in government spending; is being portrayed as some kind of a liberal, or worse, as having “betrayed the American people”.

The enlarged Federal state was not built in a day and it will not be dismantled in one election, especially when Democrats hold the White House. That’s not how I want things, but that how the world is. Conservatives are supposed to look at the world, understand and accept it for what it is, and understand that radical change rarely works out well.

In the meantime, we must seek to develop a credible, coherent, and comprehensive, alternative agenda for the country. We must get back to first principles and turn away from populism and demagoguery. We must rediscover traditional conservatism and combine that with some Milton FriedmanCharles Murray, and finally add some Hayek to the mix*.

Most importantly, conservatism is a philosophy, and a mindset, not an ideology. Gradual, incremental change, is always a better approach than radical change, because radicalism so often leads to failure at best; at worst, the guillotine or the Killing Fields.

While building a movement with popular appeal is important to the advancement of liberty, we must not let that become the sole focus. Winning without a solid philosophical and intellectual foundation, a principled moral focus, and a realistic view of the world, may ultimately lead to tyranny. That’s why the mindless populism and demagoguery of the Tea Party and the far right must be rejected.

*There are many great conservative/classical liberal thinkers and writers, but those three, along with Russell Kirk, William F. Buckley, and Edmund Burke are the ones you should get started with.

I’m one of the original co-founders of The Liberty Papers all the way back in 2005. Since then, I wound up doing this blogging thing professionally. Now I’m running the site now. You can find my other work at The and Rare. You can also find me over at the R Street Institute.

5 Thoughts On Ferguson And Mike Brown


As the country has watched the events unfold in Ferguson over the past week, we have been horrified by the rioting and the wanton destruction of property in the wake of the grand jury’s decision to not indict Ferguson police officer Darren Wilson on criminal charges for the shooting of Michael Brown. Tempers have been flaring as people have taken to social media to argue their side of the case. I’ve been trying to figure out what to write on this and putting together what to say on this. So here we go:

1) The Grand Jury Came To The Right Decision

After looking at the evidence, here’s what we have essentially; some eyewitness testimony that claimed Mike Brown was essentially murdered by Darren Wilson, most of which was proven false; Officer Wilson’s version of events; eyewitnesses that corroborate Wilson’s events; and finally an autopsy and forensic evidence which also corroborate Officer Wilson’s version of events that showed a struggle for his gun and that Brown was shot in the front.

Given all of this, there was no basis for an indictment for anything. Even if he was indicted, there was no basis for a conviction so a trial would’ve simply been a waste of taxpayer money.

2) Having Said That, There Should’ve Been A Special Prosecutor Appointed In This Case

I agree with Stephen Littau that the outrage here is not that the grand jury was through in the Darren Wilson case, it’s that they indict everyone else. No wonder why many people protesting can see a possible conflict of interest.

If it’s even possible to appoint a special prosecutor, this is such a case. It may have lessoned the charges of impropriety and conflict of interest.

Criticizing the process is not grounds for calling for an indictment though, it’s just grounds for calling for a special prosecutor. I think the special prosecutor would’ve come to the same conclusion as this prosecutor and grand jury did.

3) Anyone Calling For Violence Or Making Excuses For It Is Disgusting And Morally Rephrensible

One of the things that has been disturbing in this case is the calls to violence in the media. An anarchist magazine says we need to stop “riot shaming.” An op-ed writer in Time wrote a defense of rioting. A libertarian blogger called the rioting and violence “just and necessary.”

These people and others like them who are supporting the riots are disgusting. There is no excuse for the destruction of private property and businesses. These riots have runied the livilihoods of the employees and business people, most of whom are black. These people didn’t kill Michael Brown.

A brief look around shows that there are non-violent alternatives to pursue change. Civil rights laws were enacted in the 1960s and legislation defending the right to vote was enacted as a part of it. If you want to change the law and how policing is done, get out there organize and vote for candidates who agree with you.

4) Ferguson Not Only Demonstrated The Worst Of America, But The Best Of America As Well

Enough about the riots. Let’s talk about how people have come together in the aftermath. One of the businesses destroyed in the Ferguson riots was a black-owned bakery. They’ve raised $200,000 in donations from a GoFundMe page to enable them to rebuild. The store that Michael Brown allegedly robbed before his encounter with Officer Wilson was also looted. They too have setup a GoFundMe page which has raised almost $25,000 in two days. Please give some money to them.

The people that gave money to these two minority business owners were of all races and creeds. The attempt by many of the Ferguson rioters to start a race war failed miserably.

Other Ferguson businesses have setup GoFundMe pages and in a future post, probably tomorrow, I will feature everyone I can find. Let the best of America outshine the worst of America.

5) Although Mike Brown Is Not The Proper Poster Boy For Corrupt And Racist Policing, We Need To Address Police Brutality

Mike Brown most likely died assualting a police officer and going for his gun. Darren Wilson most likely did nothing wrong when he killed Michael Brown. However, police brutality is a real problem, especially in minority communities.

We need to ask ourselves why African-Americans are so afraid of law enforcement and work together to change it. We also need to end or rein in police militarization and the Federal government does need to get involved to create stricter oversight of local police departments. There will most likely always be police officers who abuse their authority, but right now we have too many on the force. We’re not going to solve this by blocking freeways, annoying Black Friday shoppers, and rioting; we’re only going to solve this by dialogue.

In the end, what we have here is a tragedy all around. An 18 year old young man is dead and regardless of the circumstances, it’s still a tragedy. We have a police officer who had to take that young man’s life. I hope and pray that the family of Michael Brown and Officer Darren Wilson find peace. I pray that the business owners of Ferguson have their shops restored and I pray for peace and more importantly, for understanding and that out of this tragedy, some change that ensures something like this never happens again.

I’m one of the original co-founders of The Liberty Papers all the way back in 2005. Since then, I wound up doing this blogging thing professionally. Now I’m running the site now. You can find my other work at The and Rare. You can also find me over at the R Street Institute.
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