Category Archives: The Bill Of Rights

Vote Cynically… The Politicians Certainly Do

So far, my co-contributors at The Liberty Papers have encouraged you to vote for Democrats, vote for Republicans, vote for Libertarians, not vote at all, and vote idealistically.

All are good arguments… or at least reasonable ones, with well argued rationales and logic behind them. I encourage you to take the time now to read all of them, and then come back here before continuing.

Done reading? Great…

Now, my position on how you should decide who to vote for is basically…

Screw all that… Vote Cynically

Presuming of course you’d prefer to optimize your voting pattern for reduction in the amount YOU… and most everyone else… gets screwed by the government that is.

I base this on one simple fact, that we all know (or at least should know) to be true:

Politicians are all liars

Of course, not all politicians lie about everything all the time, but generally assuming that all politicians are liars is a sensible optimization.

Though actually, there is a better… or at least more accurate and comprehensive…way of putting it.

Politicians, respond to their perceived incentives, to maximize their perceived advantages, and minimize their perceived disadvantages, for their own perceived benefit or interest (whether direct or indirect); often without regard for objective truth, facts, or “the greater good”; if these things are perceived to be in conflict with their interest.

Of course, so does everyone else.

Generally speaking, people respond to their perceived incentives and interests. Of course, they may misperceive or misunderstand what those are (very frequently), and they may respond in ways that are inefficient, ineffective, inappropriate, or counterproductive (in fact they most often do).

Even in the case of “pure altruism” (which yes, some deny the existence of), people do what they think is the “good thing”, or the “best thing” to do… which is still acting in according to a perceived interest or incentive, they just valued the “higher interest” greater than their own direct personal interest.

Most often, people do not intentionally act against against their own perceived interests

If you think politicians are better than everyone else, that somehow their motivations, intentions, or actions, are purer or more altruistic than those of any other person, you are wrong…

… and you know you are wrong… or at least you should.

If you think any politician is actually protecting your interests, or “standing up for you”, or “for the little guy”, or “the victim”, or  that they value or prioritize the principles, “values”, and issues, that they notionally “share” with you; over… or even equal to… their electoral calculation, you are wrong…

… and you know you’re wrong… or at least you should.

Sadly, most people seem to delude themselves into believing otherwise… or they wish it were, so strongly, that they simply choose act as if it was, against all evidence.

Some people just can’t, or won’t, let go of that hopeful, comfortable, delusion. Even when they know the truth, they keep voting for politicians thinking that somehow, “this one will be different”.

No… they won’t be different… 

Politicians are “different” , only in that they ACTIVELY seek direct personal power over others, and are willing to do what it takes to gain that power; including lying, cheating, stealing, and killing (even if it’s only at second hand).

This certainly does not make politicians better or more altruistic than anyone else, no matter how “good” or “beneficial” they, or you, or anyone else believes their ideas are, or how much “good” they claim to want to do (or you think they could do).

Yes, it’s possible that some politicians, at some point, will stick to their “values” or “principles”, or their honest position on issues, even if they know that doing so is against their own personal best interests.

It does happen… very rarely, but it does happen.

Most often though, no matter what they actually believe, or pretend to believe, or publicly claim to believe (sadly, often all three are different); what they actually DO, is vote cynically (or tactically, or strategically, or pragmatically, or corruptly, or with loyalty to their party and their financial supporters). They vote for what they believe to be optimal for advancing their true interests: perpetuating and increasing their own power, and enforcing their own preferences against others.

… After all… that’s why they become politicians (no matter what language they choose, or justification they claim, to pretty it up).

This is true of those who call themselves Democrats, and those who call themselves Republicans.

This is true of those who call themselves liberals, and those who call themselves conservatives.

What about Libertarian (or libertarian) politicians? 

There are so few who even CLAIM to be libertarians (or Libertarians), who are actually elected to national office (or  who in anything close to the real world, even stand a remote chance of ever being elected to a national office) that they are safe to ignore for the most part (and thus far almost all of them are actually Republicans).

Even if they were not however, libertarianism as a philosophy (and basic economics for that matter) would rather clearly show, that you shouldn’t trust “libertarian” politicians either.

You shouldn’t trust ANYONE who has, wants to have, or is trying to obtain, personal control over the coercive force of the state. Including those who claim to wish to reduce that control, use less of it, or to abolish it entirely.

It’s simply safer… and smarter, and more realistic… to assume that they are all lying; or that even if they are trying to be honest, once they have that power, they won’t want to reduce or release it (no matter what their justification may be).

… such an assumption has been proven by history, to nearly always be justified.

You have to understand, that most of the time what most politicians claim to believe, and their claimed goals and positions, are simply not what they actually believe… and very often even when they are, that’s a bad and dangerous thing.

The most dangerous thing in the world is a true believer, with the power, and the motive, to enforce their beliefs on others.

Most of what politicians claim to believe is actually about social signaling and fundraising

Allow me to repeat my frequent admonition, that many… perhaps most… of those who identify themselves as conservatives, are in fact no such thing; they are reactionary populists… or just cynical opportunists.

Many or most of those who claim to be liberals… or progressives… are ALSO reactionary populists, or cynical opportunists.

They claim what they claim, because it’s just about the easiest way for them to raise three things they need: Passion, Fear, and Money.

Politics runs on Passion, Fear, and Money

Importantly, any one, can be converted into any of the other two (with varying degrees of difficulty).

Real policy, is boring. It’s messy, and detailed, and complicated, and tedious, and most often unsatisfying.

“Doing nothing”, which frankly is most often what the government SHOULD do,  is even more boring.

Most people don’t have the time, the background, the information, or sufficient interest; in the complexities of the issues, the details of policies, of how real legislation actually ends up being written and passed into law… nevermind the infinitely more tedious and complex regulations that implement those laws.

Hell… even most politicians don’t… They staff it out, or just do and say what their party, their PR people, and their fundraisers, tell them.

I can only think of one president who was elected on a platform of doing as little as possible, and just trying not to screw up too much, Calvin Coolidge… and that was only because he was running for re-election on a successful record of having done so the previous two years, after being elevated to the presidency by accident (the death of Warren Harding). The only thing he ever actually actively did, was to increase tariffs dramatically… which as it happens, turned out very very badly.

Good government is boring. Bad government (or the idea of it) is what generates passion, fear, and money

Government is complicated and boring, and people for the most part don’t understand it… but they do understand narratives that conform to their sociocultural expectations, norms, and biases.

So that’s what politicians and the media give us (not because it’s a big conspiracy, simply in furtherance of their own interests).

We have shorthand. We have litmus tests, and shibboleths, and sacred cows, and “dog whistles”.

We have social signalling, and ingroup identification, and outgroup demonization.

We have “Barack Obama is a secret muslim socialist” and “The Republican war on women”, and “the Democrats will steal your 401k” and “the Republicans will ban abortion”.  Or to simplify “Democrats are evil and stupid” and “Republicans are stupid and evil”.

We have constructed narratives, that people can relate to, idealize, and project themselves into

There are a disconcerting number of people “on the right” who seem convinced that if we just wish hard enough, we can live forever in a magical time approximating 1957 through 1962 on continuous loop… But with iPhones.

For leftists, its the same kind of fantasy, except it’s 1962 through 1967, and Kennedy never dies (and is actually the “Progressive” fantasy they project onto him…).

So, these are the narrative preconceptions that “liberals” and “conservatives” attempt to pander to, and the narratives they attempt to construct.

Sociologists, psychologists, political scientists, PR people, political consultants, and the politicians themselves; figured something out a long time ago, which unfortunately many don’t understand, find disturbing, or simply refuse to believe…

For most people, most of the time, the facts, issues, positions, policies, and outcomes, don’t even really matter that much (though most don’t understand this about themselves, or believe it when it’s pointed out to them). Politics (or political issues) become a matter of social signaling;  ingroup selection, identification, and reinforcement; and outgroup exclusion and demonization.

Their sociopolitical identification becomes part of their identity, their self justification, and their ego.

It’s a team sport, and it’s about scoring points for “their side”, and avoiding having points scored on  “their side”. Their side has to be defended and error cannot be admitted, because the other side would score points, the “good guys” might lose the “bad guys” might win etc…

The way you “score points”, and raise passion, fear, and most importantly money; is to make people believe you’re like them (the good guy – ingroup identification), that the other guy isn’t like them (the bad guy – outgroup exclusion and “othering”), and that they are bad, and evil, and stupid, and wrong, and ruining everything in every way (outgroup demonization).

Once someones sociopolitical identification has become internalized as part of their sense of self, they generally cannot admit serious fault or error on the part of their sociopolitical ingroup, without causing themselves emotional and intellectual injury and pain, cognitive dissonance, even existential crises… most people try to avoid those things whenever possible (sometimes going to great or ridiculous extremes to do so).

There are two major parties, but one overriding interest is shared by both.

Some believe that there is effectively no difference between the major parties… that’s is JUST a team sport, or a horse race etc… That they’re the blue statist party and the red statist party, and the only difference is in the rhetoric.

This is false. There are plenty of very important differences. The devil is in the details, and there are so very many details… Particularly when you get into cabinet and subcabinet posts, executive appointments (and the impact on the executive agencies), and state and local government.

The great problem though (and the large element of truth in the concept), is that both major parties believe in using the coercive power of the state to “fix things” and “do good things” and “make things better”.

Both parties believe that to do so, they need to increase the power of the state in the areas that “need to be fixed” (…and between them, they believe EVERYTHING needs to be” fixed”).

Both parties believe that they (and the people who they agree with and identify with) are the “right people” to have that power, and make those changes, and “fix those problems”; and that in order to do so they need to stay in power, and in control of its mechanisms and institutions.

It’s just that the two major parties believe that different things are “wrong”, or “broken”, or need “improvement”… Or that they should be “corrected”, “fixed” or “improved”, in different ways, by different means.

That’s not “no difference at all”, or even a distinction without a difference… but it can certainly seem like that at times.

Let’s be clear about something though… 

If you believe that an appropriate response to someone doing something you do not like, but which is not otherwise violating someone else’s rights, is to use the government to force them to stop, YOU ARE NOT CONSERVATIVE.

If you believe that an appropriate response to someone doing something you do not like, but which is not otherwise violating someone else’s rights, is to use the government to force them to stop, YOU ARE NOT LIBERAL.

If you believe that an appropriate response to someone doing something you do not like, but which is not otherwise violating someone else’s rights, is to use the government to force them to stop, YOU ARE MOST CERTAINLY NOT LIBERTARIAN.

…Even if what they are doing is in fact, bad, and stupid, and wrong, and harmful.

Let me use the Republicans and “Conservatives” as my example for now…

One must draw the distinction between a political party (which must operate in the real world of electoral and legislative politics), and a political philosophy.

The Republican party is in no way “the” or even “a” conservative party, they are simply
generally more notionally and theoretically “conservative” in their rhetoric, than the Democratic party.

They officially profess to subscribe to some conservative principles and ideals, but they also have elements of their platform and policies which are in fact antithetical to truly conservative principles and ideals. That’s not even getting into what they actually DO… or sometimes more importantly, choose NOT to do.

There is no truly, explicitly, and consistently conservative political party in the United States… or at least none that have any national notice or significance. That includes the American Conservative party, and the Constitution Party; both of which are even more reactionary and populist than the Republican party.

This of course is how they attract and retain their adherents, and raise their money.

There is little money in true conservatism. There is often little passion as well, at least from the outside perspective. 

There is money (and power) in anger, and fear.

There is money (and power) in authoritarian reactionism.

There is money (and power) in authoritarian populism.

There is money (and power) in “there oughta be a law”.

These things are not conservative (nor are they liberal).

Actual  conservatives, are actually generally pretty “boring”… or at least they are more nuanced… subtle… or just muddled looking and feeling; than either media, or “the base” can get excited over, or even understand.

There is rarely any purely black and white, definitely good or unambiguously bad, in ACTUAL conservative policy; there is only “less bad” and “slightly better”, and balancing of interests, advantages, and disadvantages.

With truly conservative policies, without gross oversimplification, there is rarely a clear, compelling, and easily understood narrative for people to identify with, or for the media to  portray.

In an attempt to engage the public, sometimes conservatives or their supporters, attempt to use the techniques of narrative construction that reactionaries and populists use (beginning with the aforementioned gross oversimplification)… This generally results in less than positive outcomes. Often at best misunderstanding and misrepresentation (intentional or otherwise), at worst descending into parody and mockery, and buried under strawmen.

When there is a clear, factual, and truthful narrative, it is generally inconsistent with… or even explicitly contradicts, the activist, statist, idealist, or authoritarian narratives; that most people (both those who identify as “liberal” and those who identify as “conservative”) have internalized as their own map of “reality”, and as part of their own identities.

Rather than face this contradiction, most will ignore it,  oversimplify and distort the truth to sorta kinda almost fit an existing narrative they understand, or simply make one up that fits their preconceptions and biases.

Ironically, those who most loudly proclaim themselves to be conservative; who with great wailing and gnashing of teeth and rending of garments, decry the Republican party the loudest for being insufficiently so; are IN FACT  most often doing so, not for being insufficiently conservative, but in fact for being insufficiently reactionary, authoritarian, statist, or populist.

Of course… do a find and replace in this section on “conservative” and “Republican”, with “liberal” and “Democrat” , and it will also be accurate (… okay… you also have to replace “constitution” with “green”).

Most people want to be controlled… they simply want to believe they chose their own masters

It is sometimes said, there are three types of people:

  • Those who want to control others
  • Those who want to be controlled
  • Those who just want to be left alone

The core problem libertarians face, is that most people really do want “someone to be in charge of things”. Either themselves, or someone they agree with, or identify with, or think is “the right man”, or who will “do the right things”.

Even if they don’t want to be controlled themselves, they want “someone to be in charge” of  “the other people”… You know, the bad people… the ones they disagree with and don’t identify with. The ones who are “screwing everything up” or “getting in the way of things being improved”.

They see the many problems in the world, see the resources, reach, and power of government, and think “hey, we should SOLVE these problems… Fix these injustices. Right these wrongs… We can do it if we really try, we just have to really want to do it”.

Most people have internalized the idea, that if we just put people who are good enough, and smart enough, and “right” enough, in charge of everything, with the power to “make it right”, that everything will be better, or good, or right….

…or some other such fantasy.

Even if they know it’s a fantasy, most pretend it’s true anyway, because the alternative seems far worse… Far scarier.

The idea that no-one is in charge, and that no-one can “fix it”, is far more terrifying, than the notion that “the bad people are controlling everything and making it all bad”. At least then, there something you can do… some control you have.

Most people simply don’t want to face that there isn’t any such thing as “the right people”, and only very rarely is there a “right thing”.

Trying hard, and meaning well, don’t count.

“Ok… so what do you do then? Give up? Ignore politics? Don’t Vote? Does it really just encourage the bastards?”

Well… yes, voting DOES encourage the bastards, but that’s not ALL it does.

You may not like politics, but you can’t ignore it. To paraphrase… You may not be interested in politics, but politics is interested in you.

You are a participant, whether you want to be or not… just like everyone else.

Then only question is, are you going to be a passive participant, or are you doing to at least try to do something?

Is voting actually doing something? 

Sometimes it is, sometimes it isn’t… It is if you do it right.

Of course, it’s not the only thing you can or should do… but that’s a discussion for later.

“I hate this politics crap… it doesn’t work, it’s all wrong, it’s messy, it’s inefficient, it’s nasty, it’s corrupt… ”

Yes… it is. That’s life. Deal with it.

I’m a libertarian, not an ideologue.

For me, libertarianism is a matter of ethics, and morals,  and process improvement. It’s not really a matter of politics… or at least not just politics.

“Politics” is not an identity, or a moral system, or a philosophy, or a social belief system.

… or at least it shouldn’t be, because man… it’s pretty awful at being any of those things, never mind all of them.

Politics, is how economics, sociology, anthropology, biology, and psychology; all battle against each other (and often, against reality itself), in an absurd and perverse attempt, to agree on some way of not killing each other… or taking or breaking each others stuff… at least not without permission, or damn good reason.

More concretely, “Politics” is a set of frameworks for making collective decisions. Governments are one of the systems we have for managing these frameworks. States are one of the structures by which we can enable and execute on these decisions (there are several other options in all three categories, but what we’ve got now isn’t likely to be replaced by anything better any time soon).

They are just part of the toolsets needed to execute the mission of  maximizing human liberty, and minimizing the coercive restraint thereof.

note: For those of you who are actually strict or pure anarchists, who believe that human liberty can only be maximised in the absence of governance, or of a state… unfortunately you are wrong. Without government, the strong who desire power over others, will  gather power to themselves, and use that power to force their will upon the weak and the unpopular. 

…Of course they do that with government as well… the tyranny of the majority is the worst tyranny… The trick is to limit government power, and ability to grant itself more, as much as possible… and to periodically shoot them all and start over.

As a minarchist, I understand and accept that the state exists, likely always will exist, and for some things it is the best realistic option (meaning likely to be close to achievable in the world we actually live in) to get certain things done which need to be done.

Note: Or which are of such great benefit to all, at so little detriment, that doing so is an objective good, and not doing so is an objective negative (basic sanitation, public health, common defense, disinterested courts etc…) Exactly what things are absolutely necessary, vs. what is just acceptable for the state to do, vs. what it is NOT acceptable for the state to do…  is a much bigger argument… actually a centuries long series of much bigger arguments. 

There’s lots of things we COULD do using the power and force of government. I just think that most of the time we shouldn’t, because no one and certainly no collective, knows how to run my life better than I do… And I don’t know how to run anyone else’s life better than they do.

…Even if that means that stupid or evil people do stupid and harmful things, or that we don’t make things as good as we could possibly make them. 

We can’t ever know what all the consequences and effects of our decisions and actions may be, nor can we truly know if we made a correct or optimal decision, nor can we eliminate our own biases and prejudices, nor can we ever have perfect information or perfect reason.

No matter what we do, we will always be wrong, in some way, at some time, for some one. We can only make what we believe to be the  least wrong decision for ourselves, at the time  we have to make it, with the information we have at the time, and under the conditions we made it.

Since we cannot know these things, and can’t be right, only less wrong; we should only force on others that which is absolutely necessary (or which is of significant, unambiguous and compelling benefit to all, with minimal or inconsequential cost or detriment… and even that much, and what constitutes that… is up for major debate). 

We don’t have the moral or ethical right,  to violate other peoples rights for their own good, or for the collective good; even if they are doing stupid and harmful things with those rights… so, long as they are not actually violating anyone elses rights (and again, what that constitutes is vigorously debated). 

I believe it is a moral imperative to use the force of the state as little as possible. I believe it is a practical optimization to help achieve this imperative,  to reduce the power the state has whenever possible, as well as reducing both the opportunities it has to use it, and the ease in which it does so. 

Unfortunately, this ethical philosophy generally won’t get you elected anywhere I know of…

Politicians get elected, because people still believe “there oughta be a law”

There are NO elected or electable politicians who agree with me… or at least those who


Even those who claim to be libertarians… They still believe (or at least claim to believe) in using the coercive force of the state to enforce their preferences.

…Because if they didn’t, they wouldn’t have a purpose or a job.

Politicians don’t get elected on the promise of doing nothing, they get elected by promising to “right wrongs” and “fix problems”.  They get elected because most people, no matter what they claim to believe, still think “there ought to be a law” when they see something they dislike enough.

There are plenty who CLAIM to agree with me, or who agree with me in part, or who will at least generally vote in a way that would advance (or not undermine) what I believe in… at least on some issues. Particularly when it comes to local politicians and local issues.

… but that’s an awful lot of caveats.

The Perfect is The Enemy of The Good… or the “Good Enough For Now”… or the “Best We’re Gonna Get”… or the “Least Bad” 

Since no one who is ever going to be elected, ever agrees with me completely… or generally in more than a few particulars… I have to work on a “least bad” decision making basis.

That’s almost always true of any complicated issue by the way… there’s rarely ever such thing as an unambiguously good or right decision… Only the “least bad” or “least wrong” decision.

So, whenever possible, I vote in the way that I believe will reduce the power of the state, the legitimate use of that power, and the ease with which the state may do so; unless doing so would be cripplingly wasteful, inefficient, or hindering, of the critical and legitimate missions of the state.

When, as is so often the case, I am unable to vote “well”, I try to vote in the way that will be “least bad” for that goal.

If that’s impossible, I will attempt to vote in a way that blocks the formation of overwhelming power blocks, or restrains the use of such power; for example voting for split government, bloc spoilers, effective opponents to dominant power concentrations etc…

Purity tests are not useful. They are in fact harmful. Trusting them is stupid, and applying them makes you miss out on things which might usefully advance your interests (or at least usefully aid in defend them)

If you could trust them, then MAYBE purity tests would be worthwhile, but you can’t.

As a libertarian, how can you vote for “them”?

“As a libertarian, how can you vote for a Republican when the party is controlled by so called social conservatives, who are against drugs and gay marriage”

“As a libertarian, how can you vote for a democrat when the party is controlled by socialist nanny staters”

Because in the real world, politics and government are not about purity, or perfection, or ideals… They’re about calculation and optimization, of the possible. It’s simply a question of least bad decision making.

If I waited for a candidate who believed exactly what I did… Well, that’s never going to happen.

If I waited for a candidate I trusted completely…. Well, that’s never going to happen either.

So… if I want to have any impact or influence whatsoever, I need to act locally, and personally, and apply least bad decision making.

Why bother voting at all?

Because yes, least bad decision making actually works.

Is it great… no… but it’s better than nothing…

You CAN have an impact as an individual. You can influence local candidates, and local parties. Local parties write state level platform and legislative input, and select local candidates. Local candidates become state level candidates, and local party positions become state party positions. Then later, state candidates become national candidates, and state party positions become national party positions.

Hell… Robert Heinlein wrote a book about the process in 1949 called “Take Back Your Government”, and most of what he wrote then still applies today (at least in principle… obviously demographics, social issues, cultural tastes etc… have changed).

Decisions are made by those who show up

I go to local political events. I meet candidates and participate in conference calls, and round tables, and townhalls and debates. I have been active in my local political scene several places I have lived. Through county level involvement, I’ve helped write position papers  which became part of the state party platform, select candidates who were elected to statewide office, and even write legislation that was eventually passed on the state level (in north Idaho… we basically arranged a libertarian takeover of a county republican party).

… Perhaps more importantly, I’ve helped STOP legislation, and positions, and candidates, which would have been AWFUL for liberty.

If there is a competitive libertarian (no matter what party affiliation they claim), who isn’t a nutjob, or a 9/11 truther, or some form of involuntary collectivist, or authoritarian statist claiming to be a libertarian (Chomskyites… christ no… ) I’ll gladly vote for one. I have voted for libertarian local candidates in the past, a couple of whom even got elected.

If I live in a state or a county that’s going to go Democrat, or Republican, no matter who I vote, I’ll absolutely vote for a libertarian, because the higher the numbers libertarians get, the less they can be ignored,  the more negative press the major parties get, and the more people get exposed to libertarian ideas.

If both parties select absolutely awful candidates who I can’t see any advantage in voting for, or disadvantage in voting against, I will vote libertarian as well.

As I said above, I will vote to block concentration of power, or to counter existing concentrations or excesses, or to blunt their effectiveness.

Most often though, least bad decision making, means I vote Republican (and every once in a while, very rarely, and only on a local level, Democrat).

Why Republican? Why not Democrat?

There are a few “benchmark issues” that will GENERALLY give you a good idea about where a politician stands on rights, freedom, liberty as a whole, individualism and collectivism and the like.

  • Abortion
  • Gun control
  • Economic freedom
  • Drugs
  • Taxation
  • Wealth redistribution
  • Personal moral choices
  • Publicly funded and controlled education
  • Foreign policy
  • Freedom of speech

Sometimes an individual politicians positions on these issues will be inconsistent with each other, or with other members of their party, but they’re generally clustered into areas of agreement with their party which are generally roughly identified as “social issues’ and “economic issues”

I disagree with most major party candidates, about most of theses issues… “both” sides… in some fairly significant ways.

I disagree with both major parties, about social issues, and economic issues. I am not socially a Democrat and economically a Republican. That’s just pseudo-libertarian populism. My disagreements with the Republicans  are absolutely as strong, and as important to me, as my disagreements with democrats.

So why do I generally vote Republican (at least for national offices)?

Because I’m a cynic…

Well, that, and because I’m an engineer by both nature, and by education and training.

Engineers understand that the perfect is the enemy of the good, and that small incremental changes with testing, and iterative optimization over time (with evidence, data, and metrics); is the only way to actually be successful in complicated endeavors over the long term.

We got here by creeping incrementalism. We can roll SOME of it back through creeping decrementalism

Liberals, and conservatives, Democrats, and Republicans… All have stupid, harmful, and destructive notions about the use of the coercive force of the state. I would like to minimize the impact of these stupid, harmful, and destructive notions, to the extent I am able.

Very broadly, Democrats claim to believe (and generally vote for) one set of ideas in each category, and Republicans claim to believe pretty much the opposite set of ideas in each category.

As I said, I am not a Democrat on social issues, and a Republican on economic issues… HOWEVER, very broadly and generally speaking, Democrats claim to believe stupider and more harmful things in the “economic” category, and Republicans claim to believe stupider and more harmful things in the “social” category.

So, if both social and economic issues are equally important to me, why do I generally vote Republican?

I’m counting on incompetence, inefficiency, ineffectiveness, venality, malice, and deceit.

… and I’m rarely disappointed.

Now… the thing is… with liberals, or “progressives” or leftists of most stripes… most of them really sincerely believe in using the coercive force of the state to make changes in society.

Importantly, they often actually attempt to. and are depressingly successful in, passing legislation theoretically intended to implement and enforce their stupid, harmful, and destructive ideas (though generally speaking, not the changes they actually claimed they were trying to make, with the results they claimed to intend; since it seems liberals don’t believe in or understand the law of unintended consequences, or that results are more important than intent).

Critically for my optimization process (and most unfortunately) Democrats seem to be pretty good at passing stupid and harmful laws in both the social and the economic regimes.

Republicans for the most part, limit their efforts to… or at least focus the majority of their claimed efforts on… their harmful, stupid, and dangerous social ideas (yes, the majority of… not all, by a long shot).

In particular, with notionally socially conservative politicians… or at least the ones that actually manage to get elected… most of them don’t actually believe in the stupid ideas they claim to believe. They’re simply social signalling, or pandering to the less intelligent on “their side” (who unfortunately are also often the most motivated).

More importantly, they rarely make any kind of sincere or effective attempt to actually pass these idiotic and harmful laws (they’ll propose them, but they hardly ever actually even try to pass them). The few true social conservatives who actually manage to get elected, and who do sincerely believe their own idiocy, are mostly ineffective at passing legislation attempting to implement said idiocy

Basically I trust Republicans to generally be less competent and effective  at executing on their agenda than Democrats

Which, under this rationale, is exactly what I want.

So… it’s generally a cynical, but realistic, optimization to vote for Republicans, because the stupid and statist ideas from their side generally don’t actually get implemented or enforced (or they get overturned in court), while the Democrats stupid and statist ideas often do.

That’s what voting cynically really means.

I am a cynically romantic optimistic pessimist. I am neither liberal, nor conservative. I am a (somewhat disgruntled) muscular minarchist… something like a constructive anarchist.

Basically what that means, is that I believe, all things being equal, responsible adults should be able to do whatever the hell they want to do, so long as nobody’s getting hurt, who isn’t paying extra

Idaho Gay Marriage Lawsuit Moot – City Backs Down

I’ve covered the Idaho “Hitching Post” gay marriage case. I started with a relatively in-depth look at the legal issues involved on Monday, and then covered some inconsistencies in the history of the Hitching Post’s religious designation yesterday.

Today, though, it has all been resolved. The Hitching Post’s recent change from performing civil marriages as well as religious marriages to performing ONLY Christian religious ceremonies, and explicitly forming themselves as a religious business 3 weeks ago, have now exempted them from the anti-discrimination ordinance.

From Boise State Public Radio:

Initially, the city said its anti-discrimination law did apply to the Hitching Post, since it is a commercial business. Earlier this week, Coeur d’Alene city attorney Mike Gridley sent a letter to the Knapps’ attorneys at the Alliance Defending Freedom saying the Hitching Post would have to become a not-for-profit to be exempt.

But Gridley said after further review, he determined the ordinance doesn’t specify non-profit or for-profit.

“After we’ve looked at this some more, we have come to the conclusion they would be exempt from our ordinance because they are a religious corporation,” Gridley explained.

Now, it’s partly incorrect to draw some links between this case and Hobby Lobby. That of course involved a federal law whereas this is a city ordinance, and that case was decided on the grounds of the federal RFRA, where the religious exemption is what protects the Hitching Post here. (That said, Idaho has an RFRA, and virtually everyone is in agreement here that forcing the ministers themselves to officiate the ceremony would violate it.)

But at the same time, there were a few things in that decision (and the precedent discussed in the decision) that are instructive.

The first is that Hobby Lobby held that a “closely held” corporation could have religious beliefs, in the sense that it was the direct expression of a very small-knit group of owners. While a publicly-traded corporation wouldn’t have the same protection, a corporation held by a small religious family is entitled to the same protections under RFRA that the owners themselves would be, because the corporation is not truly separable from them as owners.

The second is that under previous RFRA cases, generally any sincerely-held religious belief is taken at face value. The Court isn’t in the business of deciding what religious beliefs are “valid” and what religious beliefs aren’t. Thus, as long as the actions of the Hitching Post are consistent as a religious corporation, forcing them to offer services to same-sex engaged couples violates their religious freedom. Thus, from the Boise article again:

Leo Morales of the ACLU of Idaho said the exemption makes sense as long as the Hitching Post primarily performs religious ceremonies.

“However, if they do non-religious ceremonies as well, they would be violating the anti-discrimination ordinance,” Morales said. “It’s the religious activity that’s being protected.”

So while some of the red-meat Conservatives were hoping that this would be the wedge that destroys gay marriage, I think everyone’s out of the water.

And to the Knapps, while I profoundly disagree with your belief, and sincerely hope that you come to my side of the aisle on this one, I am glad that you won’t be going to prison or subject to fines. As a libertarian, I think you’re wrong, but as you haven’t taken anyone’s rights away by failing to offer them services, I’m not in the camp that wants to throw you in a cage for it.

H/T: Reason

What American Christians Can Learn From A Muslim Woman Calling Out Her Own Community

There’s a Facebook post that has gone viral of a Georgia woman, who is Muslim, essentially blasting her fellow Muslims for demanding a special increase in food stamp benefits to offset the higher cost of halal food. One of this young lady’s followers screen capped the image, drew a line through her name and eyes to protect her privacy and posted it in Imgur.

Here it is:


I know the young lady who wrote this post. She’s a Bosnian immigrant who came to America with her family to escape the Bosnian Civil War of the 1990s. She grew up in the U.S. and became a political activist who lives outside of Atlanta. I have the privilege of knowing her and I am proud to call her a friend.

Obviously I with the post, however it got me to thinking, are American Christians also asking the state for special treatment? Unfortunately, the answer is yes and it is just as wrong as when American Muslims ask the state for special treatment.

All members of religious groups (and those who don’t belong to or believe in any religion for that matter) are entitled to is to practice their religious beliefs in peace, as long as they do not harm others. This applies whether your religion is the majority religion in the country or has very few adherents.

There are many American Christians who want the government to fight poverty and support increased welfare spending to do it. Other American Christians want the government to enforce their definition of marriage and base the laws upon their version of morality. This manifests itself in everything from blue laws to abstinence only sex education.

The worst example of this is Mike Huckabee or as we like to call him around here, “Tax Hike Mike.” Tax Hike Mike believes that God wants him to do everything from support Common Core, to fight global warming, to oppose same sex marriage. Essentially, Tax Hike Mike wants special, religious based privileges for himself and his followers above and beyond the protection of the freedom of religion.

Christians are called to fight poverty by giving to the poor, not to have Caesar redistribute the wealth of your neighbors to fight poverty. Christians are called to demonstrate their faith by living by example, not to have Caesar pass laws to mandate how their neighbors live. Christ instructed us to fufill the Great Commission by bringing the Gospels to the four corners of the world, not give that duty to Caesar. American Christians, on both the right and the left, need to stop outsourcing their own duties as Christians to the government.


The day may come that Christianity will not be the majority religion in the United States. It wouldn’t be unparalleled in world history for a nation to change its religious beliefs over a generation or so. One day, Christians even in America may find themselves at the mercy of a government determined to promote its own views that maybe contradictory to Christianity. It’s an experience many Christians around the world already experience daily.

If we as Christians want to be free to practice our beliefs in peace, we must acknowledge the right of all faiths in this country to practice their own faith. We cannot complain about Muslim special privileges if we ourselves are using the state to secure special privileges.

I believe that freedom and virtue go hand in hand and reinforce each other. Sometimes, we Christians need to be mindful of the “freedom” part. After all salvation itself is a gift from God through his son Jesus that must be freely accepted.



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 Nanny State Strikes Again: School’s Implementation of Zero Tolerance Goes Too Far

In an effort to control perceived growing violence in schools, Congress passed the 1994 Gun Free Schools Act (GFSA) which required states to implement zero tolerance policies on school property as a prerequisite for receiving federal aid from the U.S. Department of Education. In 2002, Congress repealed this version but reauthorized the zero tolerance requirement under the No Child Left Behind Act. The revised bill expanded the school’s jurisdiction for such offenses from school property to any school-related function. So under the No Child Left Behind Act, school districts would not receive federal funding unless they implemented zero tolerance policies with a mandatory one year expulsion for any student who brings or possesses any firearm on school property or at any school function. School officials are also required to report these offenses to law enforcement agencies.

Have school boards taken these policies too far? Despite no duty or requirement to do so, most school districts have enacted strict zero tolerance policies for other offenses including possession of knives, drugs, alcohol, and tobacco. They have also enacted zero tolerance offenses for acts of violence and even expression of speech, all under the guise of protecting students. For example, an honor student in Dearborn, MI was suspended this month for a year because school officials found a small pocket knife in her bag at a football game.  From the Huffington Post:

A Detroit-area high school has suspended an honors student for the rest of the school year over a pocketknife the student says she had by accident.

Atiya Haynes, 17, was caught with the pocketknife at a homecoming football game in late September at Annapolis High School in Dearborn Heights, Michigan. School officials were searching the bags of female students exiting the restroom after a security guard claimed to have smelled marijuana nearby, according to local outlet WXYZ-TV. When officials searched Atiya’s bag, they found no marijuana, but did find a small knife.

Atiya says she did not realize the knife was in her bag. Her grandfather had given it to her over the summer, urging her to carry it for protection when riding her bike through dangerous neighborhoods to her lifeguarding job, according to MLive.

Atiya, an Advanced Placement student, was originally expelled from Annapolis High following the incident. However, on Monday, the school board rolled back her punishment, albeit slightly. Atiya is now suspended for the rest of the year, but will be allowed to take online classes and graduate with her class in 2015, reports local outlet WJBK-TV.

For starters, students do not lose their constitutional rights when they enter school property. Tinker v. Des Moines Indep. Cmty. Sch Dist, 393 U.S. 503 (1969). The Supreme Court has further held that public school administrators are considered state actors for purposes of Fourth Amendment searches. New Jersey v. T.L.O., 469 U.S. 325 (1985). Students also have a reasonable expectation of privacy in items that they bring to school, even though this expectation is diminished. School officials do not need probable cause to search, like law enforcement would. They may search based on a reasonable suspicion of wrongdoing and most jurisdictions require that this reasonable suspicion is individualized. One US District Court has held that the scent of marijuana is insufficient to show an individualized reasonable suspicion of wrongdoing if the scent cannot be determined to come from any individual or confined group. Here, the security guard claimed that s/he detected the scent of marijuana “nearby”, but there is nothing to suggest that the scent could be confined to Atiya or anyone else in the immediate area. I would argue that this was an unreasonable search and the knife is just “fruit from the poisonous tree.”

Let’s say, for all intents and purposes, that the search was valid. The punishment still does not fit and is excessive. Miss Haynes is an honor roll student, enrolled in AP classes, and potentially college bound. I would imagine that this suspension will go on her permanent record, which could affect her ability to receive scholarships or even get into certain colleges. Furthermore, the evidence suggests that she didn’t even know that the knife was in her purse. Is this the type of protection that Congress had in mind when it passed No Child Left Behind? In this case, Atiya Haynes is the only child being left behind and she is not the only one. Here are some other examples of overreaching zero tolerance policies:

In 1998, a Colorado school expelled a ten year old student when her mother inadvertently packed a small paring knife in her lunch. Despite trying to do the right thing by turning it in, she was expelled under zero tolerance policies and school officials said they had no discretion. While the expulsion was eventually overturned, her family was forced to move after receiving harassing letters that her family was trying to destroy the school.

In 1999, a Florida high school student was suspended for one year for bringing nail clippers to school. This expulsion was also reduced to a ten day suspension. However, the principal of the school was quoted as saying that he “was not…ready to arm kids with more ammo, to bring more items on our campus and make it an unsafe place.” Forget the fact that the student never used the nail clippers herself. Did I mention that her “crime” was bringing nail clippers to school? Nail. Clippers. This is the kind of “dangerous” activity we are trying to protect students from? Let that one sink in.

In 2013, two Virginia middle school students were suspended for nine months for shooting airsoft guns (similar to BB guns) in their front yard. The school claimed jurisdiction because the bus stop was in front of their house.

In 2012, a six year old student in Maryland was suspended for pointing his finger in the shape of a gun and saying “pow.” The principal sent a letter home to the parents stating that the boy “threatened to shoot another student.” Yes, this will be on this boy’s permanent record.

Similarly, a seven year old Maryland student was suspended in 2013 when he bit his pop tart into the shape of a gun and said “bang bang.” These two events led Maryland State Senator J.B. Jennings (R-Baltimore) to introduce the “Reasonable School Discipline Act of 2013” to the Maryland Legislature, which would prohibit schools from suspending or expelling students who use any object that resembles a gun, but serves another purpose. In other words, the bill requires school administrators to use a little common sense. Has it really come to the point where we need such legislation?

In 1999, a Missouri high school junior was suspended for ten days when he responded “yes!” to an online message board asking whether students thought that a Columbine incident could happen at their school. As a result, he became ineligible for the National Honors Society and missed taking achievement tests which would have placed him in college level courses.

Finally, we saw the post made by Tom Knighton yesterday about the five year old student who was forced to undergo a psychological evaluation and sign an agreement to not harm anyone or herself because she drew a picture of a gun and held up a crayon, saying “pew pew.” She is five!

According to the National Association of School Psychologists, students who are suspended from school are more likely to suffer psychological disorders such as depression and anxiety from being ostracized. They are also much more likely to wind up in the juvenile justice system and therefore, the “playground to prison pipeline.” The American Psychological Association’s Zero Tolerance Task Force further found that zero tolerance policies had the opposite effect on preventing school violence. This is just another example of overreaching state power and the government, in its “infinite wisdom”, thinks it knows best. We would be better off to eliminate or reduce zero tolerance offenses. Our kids and future generations will thank us.

Albert holds a J.D. from Barry University School of Law as well as an MBA and BA in Political Science from The University of Central Florida. He is a conservative libertarian and his interests include judicial politics, criminal procedure, and elections. He has one son, named Albert, and a black lab puppy, named Lincoln. In his spare time, he plays and coaches soccer.

Freedom, Group Identification, and Consequences

To anyone trying to make the Cliven Bundy issue, or the Donald Sterling issue, or the Brendan Eich issue about freedom of speech…


They are unrelated, and MOSTLY irrelevant, to free speech.

None are a question of freedom of speech.

All three are a question of bad PR and violating contract terms.

These idiots are not victims of oppression… at least as far as speech goes.

“Well, that’s just your perspective… this is mine”

No… You can have your own opinions, you cannot have your own facts.

This is not an opinion or a perspective, it is a fact. In making this argument, you are entirely and completely incorrect, in both fact and in principle…

That’s not so bad… it’s OK to be wrong… everyone is wrong about many things, every day.

What IS so bad, and why you must be corrected, is that by passionately advocating such a patently false viewpoint, and making weak and specious arguments to support it, you weaken the very important ACTUAL battle to restore and maintain free speech.

Using bad arguments for your cause HURTS your cause, it does not help it.

There are some very serious threats to free speech in this country, particularly on college campuses and in schools. There are supreme court cases in this session, and coming up addressing these issues right now… and the picture is decidedly mixed.

    We are dangerously close to criminalizing, or at least accepting some kind of official sanction, on “hate speech” in this country. We already HAVE criminalized “suspect motivations”, through “hate crime” law.
    The Government is spying on and intimidating reporters, with the DOJ going after those it perceives as enemies.
    Witnesses are being suppressed out of fear of government retaliation.
    The IRS has gone after conservative political groups, simply for being conservative.
    We have enacted insane regulations about who can say what, when, and with how much and whose money, when it comes to politics and elections.


By equating things which are not about rights and freedoms, to things which are, you weaken rights and freedoms, and make them more difficult to defend.

Freedom of speech means you have the right to say as you damn well please and the government can’t stop you or punish you for it (except in some very strictly limited ways).

It doesn’t mean that private persons or organizations have to publish you, support you, employ you, associate with you, provide you with a forum or an audience, or listen to you.

Freedom of speech does not mean freedom from consequence.

If you can’t back everything you say, and accept the consequences, then perhaps your problem is not one of lack of freedom, but of lack of courage.

“But… but… political correctness… thought police… BAD”


I never said that political correctness WASN’T a chilling force on freedom of speech and even freedom of conscience… Of course it is.

…But that is not the same as government using force against you because of it (though with “hate speech” and things like campus “speech codes”, we have to be very careful of that).

The problem with believing in freedom is that you have to believe in it for everyone, including people you don’t like, or whose ideas you don’t like, or who do bad things with it.

Private individuals and organizations can choose who they wish to associate with freely, and who they wish to support or oppose freely (or at least they are supposed to be able to).

That means both things and people that you like, and things and people that you don’t.

That means you can be fired for expressing yourself. It means you can be fired for your political and social views. It means you can be fired for your private behavior. It means you can lose your customers, your money, your reputation…

In fact, everything but your life, and your freedom.

A free society means we have to put up with that.

We don’t have to like it, but we DO have to put up with it.

And many of us actually have very little problem with it… so long as it’s aligned with THEIR personal beliefs.

Frankly, I don’t see very many “social conservatives” complaining very much when it’s “progressives”, gays, atheists, muslims, “perverts” etc… who experience negative consequences for their beliefs (admittedly, that is certainly not true of all. Some do decry all of this as suppression of free speech and freedom of conscience).

Most “social conservatives” aren’t complaining when church groups or conservative groups try to get certain things banned, or removed from libraries or schools, or have teachers, or school administrators, or abortion providers fired…

…because you don’t like their ideas or how they express them.

…Really, most anyone who you would identify as the enemy, or the “other side” or whatever other outgroup identification it may be…. seems it’s ok to you if THEY have to live with the consequences of their choices, actions, and words…

Most of you are only complaining when it’s happening to those you identify as YOUR ingroup, or for people whose opinions and ideas you agree with.

Again, not always, not everyone… but most.

The same of course is true of “the other side”… starting to see the point yet?

So really… What you’re asking for is not “freedom of speech”, it’s “freedom of speech that you like”, and freedom FROM both speech, and consequence that you don’t.

That’s not freedom. That exactly the same as “the other side”… you just like the opinions better.

I am a cynically romantic optimistic pessimist. I am neither liberal, nor conservative. I am a (somewhat disgruntled) muscular minarchist… something like a constructive anarchist.

Basically what that means, is that I believe, all things being equal, responsible adults should be able to do whatever the hell they want to do, so long as nobody’s getting hurt, who isn’t paying extra

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