Category Archives: Freedom

Memo To Libertarians: There Was No Golden Age Of Liberty

David Boaz has a great piece over at Reason today on the historical blinders that some libertarians seem to have when looking at America’s past:

When we look at our own country’s history—contrasting 2010 with 1776 or 1910 or 1950 or whatever—the story is less clear. We suffer under a lot of regulations and restrictions that our ancestors didn’t face.

But in 1776 black Americans were held in chattel slavery, and married women had no legal existence except as agents of their husbands. In 1910 and even 1950, blacks still suffered under the legal bonds of Jim Crow—and we all faced confiscatory tax rates throughout the postwar period.

I am particularly struck by libertarians and conservatives who celebrate the freedom of early America, and deplore our decline from those halcyon days, without bothering to mention the existence of slavery. Take R. Emmett Tyrrell, Jr., longtime editor of the American Spectator. In Policy Review (Summer 1987, not online), he wrote:

Let us flee to a favored utopia. For me that would be the late 18th Century but with air conditioning….With both feet firmly planted on the soil of my American domain, and young American flag fluttering above, tobacco in the field, I would relish the freedom.

I take it Mr. Tyrrell dreams of being a slave-owner. Because as he certainly knows, most of the people in those tobacco fields were slaves.

Tyrell isn’t alone in having those dreams of some wonderfully libertarian ante bellum America. There are examples all over libertarianism of those who think that President Lincoln was a tyrant intent on crushing the freedom of the South, or that the Confederacy was fighting for liberty instead of human bondage. Or, just those who believe that the American past was a golden age of liberty when the truth is that it was not:

Has there ever been a golden age of liberty? No, and there never will be. There will always be people who want to live their lives in peace, and there will always be people who want to exploit them or impose their own ideas on others. If we look at the long term—from a past that includes despotism, feudalism, absolutism, fascism, and communism—we’re clearly better off. When we look at our own country’s history—contrasting 2010 with 1776 or 1910 or 1950 or whatever—the story is less clear. We suffer under a lot of regulations and restrictions that our ancestors didn’t face.

But in 1776 black Americans were held in chattel slavery, and married women had no legal existence except as agents of their husbands. In 1910 and even 1950, blacks still suffered under the legal bonds of Jim Crow—and we all faced confiscatory tax rates throughout the postwar period.

In fact, it might even be said that America is more libertarian today than it has been at any point in it’s history:

Compare conditions now to how they were at the outset of the 1960s. Official governmental discrimination against blacks no longer exists. Censorship has beaten a wholesale retreat. The rights of the accused enjoy much better protection. Abortion, birth control, interracial marriage, and gay sex are legal. Divorce laws have been liberalized and rape laws strengthened. Pervasive price and entry controls in the transportation, energy, communications, and financial sectors are gone. Top income tax rates have been slashed. The pretensions of macroeconomic fine-tuning have been abandoned. Barriers to international trade are much lower. Unionization of the private sector work force has collapsed. Of course there are obvious counterexamples, but on the whole it seems clear that cultural expression, personal lifestyle choices, entrepreneurship, and the play of market forces all now enjoy much wider freedom of maneuver.

Does that mean that the infringements of liberty and encroachment of the state that we see today is acceptable ? Of course not, but it does mean that we need to recognize that the idyllic American past never really existed and that the fight for liberty is a fight for the future, not the dead past.

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Don’t Say You Want A Revolution

Over at United Liberty, Kevin Boyd puts forward the best case I’ve seen to date against the idea that we are anywhere near the point where rebellion is justified:

For those of you out there who think this is the time for revolution, please consider the following:

1) All political and legal options have not been exhausted. There are Congressional elections in November 2010 and Presidential elections in November 2012. Use this anger and energy to donate money and support candidates who support liberty and who will fix/repeal Obamacare. In addition, many states have filed lawsuits challenging Obamacare and those lawsuits need time to work their way through the courts.

2) The right to free speech and to petition grievances is still in effect. Obamacare opponents can still express their opposition views to the public. Such views are common place on talk radio, the Internet, the newspapers, and as a matter all over the place. Obamacare opponents are not being thrown in jail or being silenced by the state.

3) Obama and the Democrats did win the past two elections and have a mandate. Obama’s election victory in 2008 and the Democratic control of Congress by definition gives them the mandate to pass whatever legislation they want, as long as it is upheld as legal. That mandate can only be revoked by their electoral defeat in 2010 and 2012.

4) The Founders did not intend for revolution over trival matters. Before the Founders declared independence, there were numerous attempts at resolving the crisis with the British peacefully. Make no mistake, Obamacare is a trival matter in the scheme of things and does not rise to the matter of “taxation without representation”. The major reason why some Americans threaten revoluton over trival matters is the fact that after the last Civil War, the Union was far too kind to the former Confederates. By all rights, the Union should have executed the remnants of the Confederate government and the Confederate general staff for treason. Maybe this would have detered the trivialization of revolution that we see in this country.

Specifically, in the most important part of the Declaration of Independence, Thomas Jefferson set forth the criteria for when armed rebellion is justified:

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just Powers from the consent of the governed, ? That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new guards for their future security

In other words, taking up armed rebellion is not something that should be done for light or trivial reasons. Nor it is something that should be done when there are other, less violent methods for effecting political change.

This also applies to all the rhetoric that we’ve heard, none of it serious and most of it dangerous, regarding secession since, as I explained several years ago, secession is little more than a form of rebellion and must be judged based on the same standards.

So let’s stop all this talk about rebellions. Let’s give up the silly idea that whatever state we live in is going to secede when ObamaCare finally comes into full effect. Neither of those are going to happen.

Finally, it’s also worth noting that the American Revolution is something of an historical anomaly. Most revolutions throughout history, whether in France in 1789, Central Europe in 1848, Russia in 1917, the myriad of anti-Colonialist revolutions that have, or Cuba in 1959, most revolutions have resulted in dictatorial government and misery for the people. We dodged a bullet one, history suggests we wouldn’t be so lucky a second time.

Kevin ends with the only productive strategy that is left:

What those of us who love liberty need to do is step back and channel our anger into more productive means than dreaming about and threatening revolution. We need to build our own political mandate, a mandate for liberty.

Amen

Thirteen States File Suit Against ObamaCare

Well, that didn’t take long:

TALLAHASSEE, Fla. — Attorneys general from 13 states sued the federal government Tuesday, claiming the landmark health care overhaul bill is unconstitutional just seven minutes after President Barack Obama signed it into law.

The lawsuit was filed in Pensacola after the Democratic president signed the bill the House passed Sunday night.

“The Constitution nowhere authorizes the United States to mandate, either directly or under threat of penalty, that all citizens and legal residents have qualifying health care coverage,” the lawsuit says.

Legal experts say it has little chance of succeeding because, under the Constitution, federal laws trump state laws.

Florida Attorney General Bill McCollum is taking the lead and is joined by attorneys general from South Carolina, Nebraska, Texas, Michigan, Utah, Pennsylvania, Alabama, South Dakota, Idaho, Washington, Colorado and Louisiana. All are Republicans except James “Buddy” Caldwell of Louisiana, who is a Democrat.

Some states are considering separate lawsuits and still others may join the multistate suit.

I assume we will hear that Ken Cuccinelli has filed suit in the Eastern District of Virginia before the day is out.

As I’ve said, I am not optimistic about the ultimate outcome in these cases, but it will be interesting to watch them proceed through the system.

Here is the pleading itself:

Attorneys General suit on health care

Update: Make that fourteen states, Ken Cuccinelli has filed suit on behalf of the Commonwealth of Virginia.

Historically Appropriate Fact Of The Day

It was 245 years ago today, that The Stamp Act of 1765, one of the first of the many punitive taxes imposed on the American colonies and precipitated the Revolution, was passed by Parliament.

244 years and 364 days later, the United States Congress passed a piece of legislation that makes the Stamp Act look like a walk in the park.

Just sayin’

“Are these Republicans Walter”? “No Donny, these men are just nihilists”

“I mean, say what you like about the tenets of the Republican party, Dude, at least it’s an ethos…”

Apologies to Joel and Ethan Coen…

There has been a recent meme circulated by the leftosphere, that the Republicans… in fact any opponent of the Obama agenda… are nihilists.

Now, I have to say, I don’t think most of the people promoting this idea even know what a nihilist is (and if they did, many of them would realize THEY are the ones that come close to fitting that bill), never mind that current republican ideology is nihilist. Current republican ideology is empty, obstructionist, and reactionary; but that’s not actually nihilism… or even close to it.

A few days ago, a person whose intellect I generally respect, John Scalzi, randomly tossed off a comment calling Republicans (and Obama oppositionists) Nihilists.

Well.. at least John knows what a nihilist is… which is why I was disappointed in his statement… because as far as I’m concerned that analysis is just lazy.

Then a few days later, as part of his commentary on the state of the union speech, he wrote this:

“As for the Republicans, a recent reader was distressed when I said they were “hopped-up ignorant nihilists,” but you know what, when your Senate operating strategy is “filibuster everything and let Fox News do the rest,” and the party as a whole gives it a thumbs up, guess what, you’re goddamned nihilists. There’s no actual political strategy in GOP anymore other than taking joy in defeating the Democrats. I don’t have a problem with them enjoying such a thing, but it’s not a real political philosophy, or at least shouldn’t be.”

Ok… not much of the core of the analysis there I can disagree with… but again, it isn’t nihilism.

Today however he posted a link to further explain the position he was trying to express in shorthand by calling the Republicans nihilist.

Again, there’s nothing I can really disagree with in this analysis:

[N]othing could be worse for the GOP than the illusion of success under present circumstances. Worse than learning nothing from the last two elections, the GOP has learned the wrong things… Not recognizing their past errors, the GOP will make them again and again in the future, and they will attempt to cover these mistakes with temporary, tactical solutions that simply put off the consequences of their terrible decisions until someone else is in office. They will then exploit the situation as much as they possibly can, pinning the blame for their errors on their hapless inheritors and hoping that the latter are so pitiful that they retreat into yet another defensive crouch.

Is the GOP in a worse position than a year ago? On the surface, no, it isn’t. Once we get past the surface, however, the same stagnant, intellectually bankrupt, unimaginative party that brought our country to its current predicament is still there and has not changed in any meaningful way in the last three years.

The best thing though, is the source of that quote: The American Conservative

Thus showing, once again, for those who don’t already know; that Republican does not necessarily mean conservative or libertarian, nor does conservative necessarily mean Republican.

Oh and continuing in that vein, conservative doesn’t necessarily mean religious either; nor does religious always mean conservative (especially if you’re Catholic).

I am neither a Republican, nor a conservative; but I DO register as a Republican because my state has closed primaries, and I like to vote against John McCain and Joe Arpaio.

I am a minarchist, which is a school of libertarianism that pretty much says “hey, leave me alone as much as is practical, and I’ll do the same for you, thanks”.

I’m well educated (perhaps overeducated), high earning, catholic, married with two kids, and a veteran. I was raised in the northeast but choose to live in the Rocky Mountain west, because I prefer the greater degree of freedom and lower levels of government (and other busybodies) interference.

I don’t care who you have sex with or what you shove up your nose, down your throat, or into your lungs so long as I don’t have to pay for it, or the eventual medical bills you rack up.

I KNOW from direct personal experience we need a strong national defense, but that freedom and liberty (which are two different things) are rather a LOT more important than internal security.

I have no faith in the government not to do with… really anything other than defense… exactly what they did with Social Security, or AFDC, or any number of other programs that they have horribly screwed up, wasting trillions of dollars in the process.

Yes, there is great benefit to some of those programs at some times (and I was on welfare and foodstamps as a child, I know directly this is true); but the government couldn’t make a profit running a whorehouse, how can they be expected to run healthcare, or education, or anything else for that matter.

Oh and for those of you who believe that government really can do good, without a corresponding and greater bad… I’m sorry, you’re wrong.

It’s a sweet ideal, but it just isn’t true. Good intentions don’t mean good results, unless combined with competence, efficiency, passion, compassion… HUMANITY in general; and the government is not a humanitarian organization.

Governments are good at exactly two thing: Stealing and Killing. Yes, they are capable of doing other things, but everything they do proceeds from theft, coercion, force… stealing and killing.

That doesn’t mean that good can’t come out of it; but everything the government does has an associated harm that goes with it. Sometimes that’s worth it, sometimes it isn’t and it’s DAMN hard to figure that out. Who gets to decide? You? Your friends?

Do you have the right to tell me what to do, how to live my life? Do I have the right to tell YOU how to live YOUR life?

So why is it ok if you get a few million of your friends, and I get a few million of my friends, and just because you have more friends than I do you get to tell all of us how to live and what to do?

Sorry but, HELL NO.

I want the same things you want. I want people to be happy, and healthy, and have great opportunities… But the government doesn’t have the right to steal from me to help you do it; anymore than you would have the right to hold a gun to my head and take the money from me personally.

Actually, the government doesn’t have any rights whatsoever. The PEOPLE have rights, the exercise of which we can delegate to the government.

It absolutely amazes me that both liberals and conservatives understand that the government isn’t to be trusted; they just believe it’s not to be trusted over different things:

Liberals trust the government with your money, education, and healthcare; but don’t want them to interfere with your sex life, or chemical recreation.

Conservatives on the other hand are just fine with the government making moral, sexual, ethical, and pharmaceutical choices for you; but don’t trust it with your education, healthcare etc…

Well, I don’t trust them with ANYTHING except defense (which they also screw up mightily, but which is at least appropriate to the coercive and destructive nature of government).

It’s axiomatic that the intelligence of any committee is equal to that of the least intelligent member, divided by the total number of members.

There are 435 members of the house of representatives, 100 senators, 21 members of the cabinet, 9 supreme court justices, a vice president, and a president; for a total committee size of 567.

Now, if we’re charitable and say they’re all geniuses with IQs above 140 (don’t hurt yourself laughing), that’s an overall government IQ of .25

Why on earth would you want THAT spending your money, or making any decisions for you whatsoever?

Now… Given that thumbnail philosophy, who am I supposed to vote for?

I certainly can’t vote Democratic; they want to take all my money and either give it to other people, or use it to force me (and everyone else) to behave as THEY decide.

On the other hand, I can’t much vote for Republicans, because they still want to give my money to other people (just mostly different other people than democrats), and use my money to force me (and everyone else) to behave as they decide…. They just want to take a little less of it.

And I really can’t vote for Libertarians, because they are profoundly unserious and incapable of effecting any real political change. I want to vote for someone who will PREVENT the worst abuses of government, and sadly, voting libertarian has no hope of accomplishing that goal.

I end up voting for whoever, or whatever, I hope or believe will reduce those undesirable characteristics of theft and coercion inherent to government.

Often that means voting Republican, but that shouldn’t be taken as an indication of my support for Republicans.

So tell me, is that nihilism? I don’t think so. I think it’s playing defense, which isn’t a winning strategy; but it’s not nihilism.

Nihilism would be standing by the sidelines say “there’s no point in playing, you’re all going to lose anyway”… which coincidentally is the position of a lot of Libertarians.

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

Is America Ungovernable?

Arnold Kling relays the case that many of you who follow the lefty blogs have probably seen:

It’s the latest meme. The U.S. is ungovernable, because of
a) Senate procedures
b) Republican obstructionism
c) polarization
d) special interests
etc.

I’ve seen it from Marc Ambinder, Steven Pearlstein, and others. I’m too lazy to copy links, but my guess is that you have seen it, too.

Well, there are two different questions here that liberals conflate inappropriately:

1) America is ungovernable.
2) Structural government issues prevent the government from getting anything done.

Yes, all the points above explain why #2 is true. But even if all that were “fixed”, #1 would be true, for the very reason Hayek states:

To act on the belief that we possess the knowledge and the power which enable us to shape the processes of society entirely to our liking, knowledge which in fact we do not possess, is likely to make us do much harm.
-Friedrich August von Hayek

To put it simply, it is impossible for a bunch of lawyers and bureaucrats in Washington DC to adequately govern — aka rule — the activities of 300 million Americans. The system — “system” meaning free actions of individuals, not meaning directed and ruled action — is so complex that the best any government can hope to do is to set very general rules making force or fraud illegal*, and set up a fair and just court system to arbitrate. Washington simply cannot integrate the information needed to make decisions at that level effectively.

To be fair, Arnold Kling reaches the same point, but he expands more fully on the idea of decentralization and the idea of federalism or competitive government as an answer. I suspect he does so because he believes competitive government will result in libertarian government — as those who earn refuse to “join” the governments of those who rely on handouts, and thus the non-libertarian governments cannot sustain their goals. This is partly true for territory-based governments (becoming more true as the territory shrinks), and undoubtedly true for non-territory-based governments.

But I find that argument** to have one major weakness. The idea of federalism and local control is largely predicated on the idea that the people in Washington aren’t very good at making decisions for me, and that by moving those decisions closer to me it’s a lot more likely that the decisions my government makes for me are effective ones. But should government make my decisions at all?

Personally, regardless of whether they make good or bad choices, I do not outsource my decision-making to the government. Even if they will make good choices, I do not want them choosing for me. This is a moral statement, and it is just as true of the government of Washington DC as of Sacramento as of Laguna Niguel, CA. It is true that I have more control over the government of Laguna Niguel than of DC, but fundamentally that doesn’t change the fact that my one vote is not determining my decision — it is weighed against the votes of others who do not have the right to decide for me.

If the US is ungovernable, so is the state of California, and so is the city of Laguna Niguel. No matter how small of a government you draw, it cannot have all the information it needs to make decisions for me. Fundamentally, decisions are the marriage of facts and values, and although any government may have access to the facts, it does not have access to my values. Therefore they do not have the information necessary to make decisions for me.

Liberals are upset that the government is structurally biased towards inaction. But action doesn’t equal governance. For something to be governable, the governing authority must have access to both the facts and the values of those it governs. Unfortunately since the latter is never possible, it substitutes its own values (dictatorship) or the average/majority values (democracy). Either is insufficient, and thus America is ungovernable.
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A doctor calls for a kinder gentler war

I regularly read the Science Based Medicine Blog since it is an interesting combination of intelligent, rational examination of medicine and the naive monstrous morals of a toddler.

This week’s column by Dr Steven Novella does not disappoint. The good doctor reviews the medical impact of modern sodium consumption and states:

As usual, the medical and regulatory communities are tasked with making sense out of chaos – with implementing bottom-line recommendations in the face of inconclusive evidence. While there remains legitimate dissent on the role of salt in vascular health, the current consensus is something like this:

  • Most of the world, including Americans and those in industrialized nations, consume more salt than appears to be necessary.
  • In the US most of that salt comes from processed or restaurant food (while in other countries, like Japan, most salt intake is added while cooking).
  • There is a plausible connection between excess salt intake, hypertension, strokes and heart attacks.
  • There is evidence to suggest that reducing overall salt intake will reduce the incidence of these health problems, but the evidence is not yet conclusive and longer term and sub-population data is needed.

Given all this it seems reasonable (from a scientific point of view – and ignoring the role of political ideology) to take steps to reduce the amount of salt in processed and restaurant food, while continuing to study the impact of such measures. But we also have to consider unintended consequences. Part of the reason salt is added to processed food is because it helps preserve it – give it a longer shelf life. People also develop a taste for salty food, and a sudden decrease in salt content may be unsatisfying, leading people to seek out higher salt foods. But these are technical problems that can be addressed.
It should also be noted that salt requirements and tolerance may vary considerably from individual to individual – based upon genetics, and certainly underlying diseases. Therefore recommendations from one’s doctor should supercede any general recommendations for the population.
In any case it seems that the War on Salt has begun. I only hope this is a war we choose to fight with science.

The last sentence left me gobsmacked. A war fought with science? Does he understand what exactly it means when a government wages war?

The essential feature of government is the enforcement of its decrees by beating, killing, and imprisoning. Those who are asking for more government interference are asking ultimately for more compulsion and less freedom.

Ludwig von Mises, Human Action

Let’s take, for example, the war on (some) drugs. 150 years ago, if I had described the government proscribing the growth of hemp, sowing poison on illicit fields in an attempt to kill marijuana smokers, sending paramilitary forces into homes with orders to shoot first and ask questions later, and setting up checkpoints where people with large amounts of cash would have it confiscated on the grounds it must be involved in this illicit trade, it would have beggared belief. Those who lobbied for its outlawing would have denied wanting to do those things, they merely wanted to protect white women from being seduced by black jazz musicians and to preserve the social order against uppity darkies.

And once the stuff was outlawed, once the law enforcement apparatus started to wage its low level guerrilla campaign, and faced resistance the government naturally escalated, flooding the media with propaganda to buttress its position, until the war became an end to itself, with otherwise sensible people saying things like “I am a fan of freedom but we must protect the citizenry against the scourge of drugs”

I am curious why the good Dr Novella thinks that a war on salt will turn out any better than the War on Gold, the War on Sucrose, the War on Opiates, the War on Miscegenation or any of the other social crusades little petit tyrants enlist the government to engage in?

Moreover, is he blind to the fact that these wars on inanimate substances and ideas are actually wars on people? It’s not the marijuana that’s getting its child’s hand shot off in a police raid, it’s a person. It’s not the marijuana who is having their life savings confiscated, it’s the retired couple who don’t trust banks. It’s not the marijuana who has his dogs shot in his home, its the hardworking mayor of a small town.

If I were to propose a War on the North Korean Government, I would imagine that Dr Novella might be a little reluctant to support it, given the large number of innocent people who would inevitably die having been propagandized into fanatically defending the state that looted and brutalized them so thoroughly.

But here, we get nary a peep of condemnation, only a pious desire to have “science” inform the strategy of the war on a common cooking ingredient, which will really be a war on people who use to much salt (according to the government) in their food preparation.

And, I should note, this war would have savage monsters like Mary Beth Buchanan deciding what was an appropriate amount of salt, just as she decided her judgment on how much pain medicine was appropriate for patients in chronic agony was better than that of the MD’s treating them, and used that rationale as justification on her war on doctors.

Dr Novella’s blindness it encoded in an assumption in the first sentence I quoted:

As usual, the medical and regulatory communities are tasked with making sense out of chaos – with implementing bottom-line recommendations in the face of inconclusive evidence.

Why are they tasked with this? Sure, doctors are asked to give advice on questions where there is no clear answer, much like any other profession. They have the power to say “I don’t know”, however. Moreover, there is nothing wrong with doctor’s giving advice. The act of making a suggestion does not actually harm anybody.

The regulatory apparatus, on the other hand, is dangerous. When it acts, people get hurt, they go to jail, they have their finances ruined. If we assume such an apparatus should exist, then we should use it only when the harm it does is worth the benefit. Otherwise, the regulatory apparatus need do nothing! Especially where there is no overwhelming evidence to justify regulation. It’s not as if salt causes an epidemic like cholera! The notion that people with vascular disease drives up health care costs requiring such regulation is laughable. Dr Novella has never, in all the essays he has authored that I am familiar with, shown much concern with the major reasons why health care costs are so high. If anything he supports the measures that are the primary drives of the high costs.

It is a shame that otherwise rational people fail to learn the lessons of history. Their blindness would not be so bothersome, if it weren’t for the fact that their hands are helping aim the guns pointed at us.

I am an anarcho-capitalist living just west of Boston Massachussetts. I am married, have two children, and am trying to start my own computer consulting company.

Just because people make bad choices…

…Doesn’t mean they shouldn’t have any choice at all. The first freedom is the freedom to fail…

And when it comes to choosing our leaders in this country… whoooo boy have we failed big time, for a long time.

So fellow gunblogger Tam, being an Ovarian American, got a bit tweaked at a comment over at Travis Corcorans site (for those who don’t know, Travis is a somewhat radical libertarian… and for that matter so is Tam) t’other day:

“I think that female suffrage has been an unremitted disaster – all of the socialism that we’ve experienced in the US has happened since, and because women have been allowed to vote.”

Excluding snark, Tams comment boiled down to “correlation does not equal causation”; which normally I am one of the first to trumpet… but in this case there is a causative link… Or at least most major studies of voting demographics seem to show one.

The other part of her comment was that she (nor anyone) shouldn’t be denied the right to vote (which is not, in fact, a right; but a privilege as a member of society. It can be granted by society, taken away by society, and does not exist in any context without society, therefore is not a right.) because of the choices some might make.

And in that, I’m entirely with her.

But we really do need to look at why women, in the significant majority, vote for the nanny state; and on the larger scale in general, why people who vote for nannyism do so.

The three major events or major societal changes in 20th century that did more to advance the nanny government than all other events combined were:

1. World War 1
2. Womens suffrage
3. Massive expansion of university education

I note “directly” above, because indirectly the 16th and 17th amendments (income tax, and direct election of senators) may have had an even greater effect; and enabled and encouraged such nannyism… in fact the current nannystate would be impossible without them… but were not direct contributors to voting for nannyism.. In fact income taxes tend to push voting away from nannyism… at least for those who actually pay those taxes.

I’ve talked about point 1 before (along with about a hundred scholarly books, phd. dissertations etc…). By depriving most of Europe of a full generation of its healthiest, most aggressive, and most ambitious men; an environment was created that was dominated by the risk averse, and those who were hurting and suffering… and the entirety of Europe has never really recovered. Basically, the ’14-’18 war took the guts out of the continent, and they haven’t come back, (bar a minor resurgence for the second great war… and it sadly was a minor resurgence. Just look at England).

Everyone and their uncle has looked at point 3.

Point two though… it’s one of those third rail topics. You can’t talk about it publicly or you risk being eviscerated by… well by Tam for example, never mind the lefties.

So first things first. Point two is true, by all available statistics. Historically speaking, women vote for more nannyism at about 2/3 to 1/3.

HOWEVER, just because item two is true (and some rather exhaustive demographic studies have been done showing that it is) doesn’t mean women shouldn’t be allowed to vote.

American blacks and hispanics are more likely to vote for leftists idiocy too (over 80% to 20% for blacks, hispanics are highly variable), that doesn’t mean they should be barred from voting either.

The first freedom is the freedom to fail. That includes the freedom to make bad choices; even if those bad choices effect other members of society (this is where the anarchists, Spoonerists, and Rothbardites usually jump up and down and start yelling).

The thing is this: It’s not that women, blacks, or hispanics are inherently more socialist than white males; or are less capable of making good political judgments. It’s that they perceive (I think, in general, wrongly) that their interest is better served with leftist policies.

In general, over the long term, and free of interference or distortion; people will vote their perceived interests.

The “more vulnerable” of society (which up until recently included the majority of women, blacks, and hispanics) will almost always vote for more “safety” than more freedom; because as I said above, the first freedom is freedom to fail, and they have historically been more likely to suffer under the negative consequences of failure, and therefore perceive the risk/reward metric differently than white males have historically.

Also, both the most wealthy, and most educated members of society (who believe either that the negatives impacts of leftism wont effect them greatly; or that they can benefit more from the “system” if more government control is in place, at the expense of the slightly less educated risk taking capitalists that would otherwise dominate), and the poorest and least educated members of society (who generally believe that they will not be able to succeed to a greater degree than the government would provide largess), generally, vote for more protectionism, socialism, leftism etc…

This is true even in rural “white” “bible belt” America, where protectionism, unions, government works projects and the like are seen as good business economically; even while voting for socially conservative policies and politicians.

Also, this split is by no means stable. As I said, people will tend to vote their perceived interests. Men will vote left and women will vote right, if the positions floated match their perceived interest. Franklin D. Roosevelt was elected by landslide four times. Reagan was elected by landslide twice.

The problem then is not that women, minorities, and the poor vote left, or vote for socialism necessarily.

The problem is that they perceive (generally incorrectly) that their interests, and at least to some extent the interests of society, are better served by leftism.

So the task for us, is making the large majority of the people understand that leftism, even in the soft and limited forms of it like public works projects, job protection policies, tarrifs etc… is not in their interest, or the interest of society as a whole.

That’s a rather difficult task; because for someone who is naturally risk averse, capitalism (and specifically libertarian free market based capitalism) seems very risky… Heck, it IS very risky, that’s the point. You take risks, you fail, and you have the freedom to get back up and take more risks and succeed (or fail again).

Many people out there would happily vote for a “guaranteed” living, even if it was less than half what they could be making without a “guarantee”, and even if you could prove to them the “guarantee” was really false. It’s just the way they’re wired, and no amount of facts or logical arguments are going to convince them.

Many others are willing to accept a bit of risk, but they want a great big “safety net” underneath them for when they fall.

These people, even if they are shown it isn’t really true… they WANT it to be true bad enough, that they are willing to try and force that vision on the rest of us.

Those people (and by conventional estimate they make up about 40% of the population) are ALWAYS going to vote for the “safety and security” lie. They are going to vote for the nanny no matter what.

On the other hand, there are about 40% of the population who are always going to vote for the riskier path, that they can reap more reward from.

Even in Reagans 49 state landslide vs. Mondale, he only got 58.8% of the popular vote.

Nixon crushed Mcgovern 49 to 1 as well, and it was still a 60%/40% split.

Even in Roosevelts “New Deal” landslide against Hoover, he only got 57.4% of the popular vote (in ’36 against Alf Landon, 60.8%, the biggest landslide since the civil war. In ’40 against Wendell Wilkie, 54.7%. In ’44 against Thomas Dewey, 53.4%).

The 40% on either side is a pretty stable number; barring major events in society that temporarily distort it, like wars and disasters…. And even then, in the last 110 years, in every national election, the left has never had less than 35%, and neither has the right… And neither have had more than 60.8% either.

The fact is, some people will believe what they want to believe, or what they’re afraid to believe, over the truth; no matter how clear the truth is made to them.

It’s the remaining 20% that we need to get to, and teach them that it is ALWAYS a lie.

In a society where the government does not artificially force the private economy into failure, the government cannot possibly do better for you than you can do for yourself. Giving the government more power, and more control, is NEVER in your best interest, or in the interest of society.

Saying that “womens suffrage caused socialism” (which isn’t what Travis said exactly, but it’s certainly what a lot of people would hear from what he said) isn’t exactly helpful in that.

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

We are not a Democracy, we are a Republic

This is as succinct, and as masterful a description of the relationship between the rights of man, and the government of a free state, as I have yet seen.

“I cannot, and will not, consent that the majority of any republican State may, in any way, rightfully restrict the humblest citizen of the United States in the free exercise of any one of his natural rights,” which are “those rights common to all men, and to protect which, not to confer, all good governments are instituted.

John A. Bingham (Judge, Congressman, and the principal author of the 14th amendment)

As quoted in the Appellants brief in McDonald v. City of Chicago(my emphasis added).

All too often one hears men say ‘the constitution gives us the right” or even “the government gives us the right”.

This is simply false. Governments cannot confer rights on someone. Rights are those things that are common to all men. Those things that we have, and which cannot be taken away from us but by force, fraud, or willing consent.

Governments exist, for the sole purpose of protecting and furthering those rights; and no other.

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

Bruce Bartlett, May Your Chains Set Lightly Upon You

Ezra Klein quotes approvingly from Bruce Bartlett’s new book, The New American Economy: The Failure Of Reaganomics And A New Way Forward:

The reality is that even before spending exploded to deal with the economic crisis, the government was set to grow by about 50 percent of GDP over the next generation just to pay for Social Security and Medicare benefits under current law. When the crunch comes and the need for a major increase in revenue becomes overwhelming, I expect that Republicans will refuse to participate in the process. If Democrats have to raise taxes with no bipartisan support, then they will have no choice but to cater to the demand of their party’s most liberal wing. This will mean higher rates on businesses and entrepreneurs, and soak-the-rich policies that would make Franklin D. Roosevelt blush.

Shorter: “Hey conservatives, you’ve completely and hopelessly lost the spending war. If you don’t play nice, you’re going to get even more screwed by the tax man than if you sit at the table.”

To which Samuel Adams might have responded: “If ye love wealth better than liberty, the tranquility of servitude than the animated contest of freedom — go home from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains sit lightly upon you, and may posterity forget that you were our countrymen!”

In short, Bruce Bartlett has surrendered. He has taken the view “posit a giant welfare state — now what’s the best way to pay for it?” He suggests that if conservatives try to set the menu at — as Billy Beck would call it — the cannibal pot, that MAYBE they’ll just lose an arm and not the leg to go along with it.

All in all, Bartlett’s view is probably the calmest and most peaceful answer. But it gives us a nation that is so unlike America that I’m not sure I want a part of it. The peaceful way out is to accept that Democracy has given us a giant welfare state, that Democracy is never going to rescind it, and that therefore we might as well pay for it. He’s taking Mencken’s quote at face value:

Democracy is the theory that the common people know what they want, and deserve to get it good and hard.

Bartlett is arguing that if we’re all to be slaves, it’s best to suck up and hope for the job of overseer, holding the whip rather than tasting its lash.

But I’m not ready to surrender.

Bruce Bartlett says that if we don’t find a way to pay for the monstrosity growing out of Washington, the whole system will come crashing down. I say I’d prefer that to the “success” of the system as the social democrats want it to exist.

Bruce Bartlett says that the “starve the beast” tactic doesn’t work, as the beast keeps on growing. Well consider me a cancerous tumor hoping to infect the populace into becoming an ever-growing resistance that eats away at the beast’s insides until it dies of rot.

Bruce Bartlett wants conservatives to make sure they have a seat at the table to divvy up the “spoils”. Well, if he wants to be a good little Tory, that’s his choice. He’s taken sides, and despite his pleas, the fight will rage on.

Somewhere deep inside, despite a century of statism trying to weaken it with bread and circuses, the spirit of America still exists. Until that’s no longer the case, I’ll take the side of Freedom.

Liberty Rock Friday: “Land of Confusion” by Genesis

I’m actually surprised that it hasn’t occurred to me to post “Land of Confusion” for Liberty Rock sooner. This is a great song with a great message that seems perhaps even more appropriate now than its original 1986 release.

The song raises questions in my mind such as:

Who is ultimately responsible for this land (world) of confusion?

Is this confusion intentionally orchestrated by people in high positions of power or is this confusion the result of unintended consequences of government policies which passed with the best of intentions? (I tend to think it is a little of both).

Is this confusion inevitable due to our very humanity? (As long as there are individuals who wish to control the lives of others and wish to take from others by force and fraud, I can only conclude that the answer is “yes.”)

How can we, as in the words of the song, make this world “a place worth fighting for” ? (Do we really have any other choice?)

Below the fold, I also included both the Genesis music video and Disturbed’s cover version.

invisible touch
Genesis
“Land of Confusion”
Invisible Touch (1986)

Written by: Phil Collins, Tony Banks, and Michael Rutherford

I mustve dreamed a thousand dreams
Been haunted by a million screams
But I can hear the marching feet
They’re moving into the street.

Now did you read the news today
They say the dangers gone away
But I can see the fires still alight
There burning into the night.

There’s too many men
Too many people
Making too many problems
And not much love to go round
Cant you see
This is a land of confusion.

This is the world we live in
And these are the hands were given
Use them and lets start trying
To make it a place worth living in.

Ooh superman where are you now
When everythings gone wrong somehow
The men of steel, the men of power
Are losing control by the hour.

This is the time
This is the place
So we look for the future
But there’s not much love to go round
Tell me why, this is a land of confusion.

This is the world we live in
And these are the hands were given
Use them and lets start trying
To make it a place worth living in.

I remember long ago –
Ooh when the sun was shining
Yes and the stars were bright
All through the night
And the sound of your laughter
As I held you tight
So long ago –

I wont be coming home tonight
My generation will put it right
Were not just making promises
That we know, well never keep.

Too many men
There’s too many people
Making too many problems
And not much love to go round
Cant you see
This is a land of confusion.

Now this is the world we live in
And these are the hands were given
Use them and lets start trying
To make it a place worth fighting for.

This is the world we live in
And these are the names were given
Stand up and lets start showing
Just where our lives are going to.

» Read more

The Institute for Justice Challenges Unjust Law Banning Compensation for Bone Marrow

In January 2008 I wrote a post calling for the repeal of the National Organ Transplant Act of 1984. As I mentioned in the post, many thousands of lives are being sacrificed because of the moral hang-ups of certain individuals who think its icky to sell organs to people who need them. How dare they.

As if this wasn’t bad enough, bone marrow is included as part of the ban. The act of paying an individual for his or her bone marrow is a felony which is punishable for up to five years in prison for everyone involved in the illegal transaction.

The Institute for Justice has decided to challenge this most absurd provision of this absurd bill. Below is a video from the organization explaining their lawsuit against U.S. Attorney General’s Office:

For the sake of the Flynn family, here’s hoping that the Institute for Justice wins the day.

Hat Tip: The Agitator

Obama Creates Perfect Storm with Marijuana Policy Change

Last week’s announcement from the Obama Administration that the Justice Department would call off the dogs with regard to medical marijuana in states where legal has created a perfect storm regarding state and local regulations. Colorado Attorney General lamented that with this announcement, a “legal vacuum” has been created and was quoted in The New York Times: “The federal Department of Justice is saying it will only go after you if you’re in violation of state law,” Mr. Suthers said. “But in Colorado it’s not clear what state law is.”

Here’s a thought Mr. Suthers: rather than trying to interpret the law yourself, why not allow the state legislature and/or Colorado voters clarify the law. In the meantime, while the law in your opinion is vague, err on the side of freedom by no longer prosecuting medical marijuana users or dispensary operators.

Greeley (Colorado) City Council member Carrol Martin also expressed concerns with the Obama Administration’s change in federal policy: “The federal government says they’re not going to control it [medical marijuana], so the only other option we have is to control it ourselves” and “If we have no regulations at all, then we can’t control it, and our police officers have their hands tied.”

Councilman, I would argue that this is a very good thing. You are no longer responsible for enforcing federal laws but state and local laws regarding medical marijuana. Your police officers “have their hands tied”? I think it’s quite the opposite councilman. Your police department can now concentrate on violent crime rather than spend valuable resources on going after non-violent, medicinal, marijuana users and their suppliers. If anything, the Greeley police has their hands freed!

In a time when we have an administration which wants to control banking, housing, the auto industry, the healthcare industry, and everything in-between we have one instance of the same administration relinquishing control and giving it back to the states. This is the perfect opportunity for states to act as independent laboratories of government. Some will pass stricter controls on medical marijuana (or outright ban it) while others may go the other direction and outright decriminalize or leagalize marijuana altogether.

Kirk Johnson writing for The New York Times:

Some legal scholars said the federal government, by deciding not to enforce its own laws (possession and the sale of marijuana remain federal crimes), has introduced an unpredictable variable into the drug regulation system.

“The next step would be a particular state deciding to legalize marijuana entirely,” said Peter J. Cohen, a doctor and a lawyer who teaches public health law at Georgetown University. If federal prosecutors kept their distance even then, Dr. Cohen said, legalized marijuana would become a de facto reality.

Senator Morrisette in Oregon said he thought that exact situation — a state moving toward legalization, perhaps California — could play out much sooner now than might have been imagined even a few weeks ago. And the continuing recession would only help, he said, with advocates for legalization able to promise relief to an overburdened prison system and injection of tax revenues to the state budget.

This seems like a very reasonable step to take for California from a purely economic standpoint. As I reported in my post Reforming America’s Prison System: The Time Has Come, last year California spent almost $10 million on corrections, more than half of the U.S. prison population accounts for drug offenses, 75% of state drug offenders are non-violent offenders, and that nearly half of all drug arrests in the U.S. were for marijuana offenses.

By my math, that would mean that if California* released all non-violent marijuana users and stopped prosecuting new cases involving non-violent marijuana use, the state could cut its prison population by 19% and save California taxpayers about $2 million** per year just on corrections (to say nothing of other costs associated with policing marijuana use).

If California or any other state tried such a bold approach, the American public would most likely learn that legalization does not lead to the sort of mayhem drug warriors have warned us of over the decades***. We would most certainly not see the sort of mayhem that has occurred via the drug war.

Not only does this perfect storm which the Obama Administration created have possible implications for the War on (Some) Drugs, but the very concept of Federalism itself. What might state governments learn about self governing once they have been encouraged to do so? Might the states resist the next attempted power grab from Washington?

There are many exciting possibilities. Those of us who advocate for smaller government should make the most of this opportunity.

» Read more

Government Reasonability Quiz

On Monday morning around 5:30 a.m. in Springfield, Virginia, Eric Williamson was making coffee (in the privacy of his own home) in the buff. Unbeknownst to Williamson, a woman and her 7 year old son could see him in all his glory as they took a shortcut through his front yard.

The woman, horrified that her and her son saw Williamson naked, called the police.

How does the police/District Attorney choose to deal with this situation? (Hint we are dealing with government officials here, throw common sense out the window)

A. Nothing. Police advise Williamson to make sure the windows are properly covered next time.
B. Nothing. The woman is advised not to take this shortcut again.
C. Both A and B.
D. The woman is charged with criminal trespass and violation of Williamson’s privacy. She could face up to 6 months in jail and a $1,000 fine if convicted.
E. Williamson is charged with indecent exposure and could face up to 1 year in jail and a $2,000 fine if convicted.
F. Both D and E. Both parties broke the law as both parties violated the rights of the other.
G. Neither D nor E. Both parties broke the law, therefore the penalties offset and no charges will be filed. (Replay 3rd down?)

(See the correct answer below the fold.)
» Read more

Leave Us the HELL ALONE

Crossposting something my wife wrote, from here:

I’ve been in an incredibly foul mood the last couple of days, and until this morning I did not understand why.

We’re planning on moving to where we actually want to be. We’re constantly being asked why we want to move to the middle of nowhere. I tell everyone, “because I feel hemmed in and trapped.” Almost no one understands what I mean. Until this morning I could not explain the feeling of being a rat in a cage. Now I can.

This morning I woke up on my “don’t remove the tag” mattress, walked through my building code compliant house, used the federally compliant toilet, dressed the kids and drove them to their “state certified” charter school where they’ll eat a state approved lunch.

I got back in my state registered, emissions compliant, insured (by state requirement) car and drove the legal speed limit back to the house. I then walked through my Scottsdale code compliant yard (no weeds in our “desert” landscaping”)into the house, drank pasteurized (USDA required) juice, and ate cereal processed in an inspected facility with milk from an USDA compliant dairy. I then took my FDA approved prescription pills (from a licensed pharmacy of course) and played with the state-licensed dogs.

I took a call on my federally taxed cell phone (instead of the federally taxed land line), stopped by our FDIC insured bank (which received TARP money that it didn’t want and is not allowed to pay back), and drove along city streets (paid for by sales and property taxes) to the closest Costco (which has a business license of course and pays mandated worker’s comp). I bought beef franks made from inspected beef in an inspected facility, buns made in an OSHA compliant factory, and a gallon of Frank’s in an approved plastic bottle.

All of this before 10:15 am.

This is not restricted to me of course. This is normal daily life for the vast majority of Americans. Almost everything we do is touched by one agency or another.

In preparation for moving I’ve been researching what I want to do with the land. We want to build our own house and outbuildings and drink our own water and make our own electricity.

In order for this to work we have to:

* Buy land with the proper zoning.
* Wait for the required escrow to be completed.
* Apply for building permits and well permits.
* Possibly apply for a zoning variance in order to raise a wind turbine.
* Build code-compliant buildings.
* Wire the electricity according to code.
* Pay sales tax on all materials used.

My biggest dream is to grow an orchard, plant some vegetables and grains, and raise our own milk and meat. In order for this to happen we have to

* Buy only trees that can be delivered to the correct state (as decided by each state’s government).
* Use only approved pesticides (like we could buy anything else).
* Buy a tractor (with applicable state tax).

If we find ourselves with an excess of food and would like to sell it we have to

* Apply for a license.
* Obtain a tax i.d. number.
* Collect sales tax.
* Label the goods according to code.
* Submit to random inspections of the dairy operation.
* Submit to random inspections of the meat process.
* In order to sell prepared foods (like jams) submit to inspections of the “commercial” kitchen (which cannot be used to prepare the family’s food).
* Pay sales tax on all goods and materials used.

In order to set up the business properly, we have to

* Apply for a business license.
* Obtain a tax i.d. number.
* Obtain permission from the state to use the name.
* Collect sales tax.

God forbid we deal with the local fauna. We plan on moving in an area thick with moose and wolves, but in order to hunt we have to obtain

* A hunting license.
* A controlled-hunt tag for the moose (if we’re lucky enough to get one).
* Forget about the wolves, they’re “protected”.

Should we need to protect our livestock from the moose or wolves we are allowed to dispose of the threat, but we must

* Inform game and fish.
* Turn the carcass over to the state.

If we use firearms to dispose of the threat, we must

* Use a “legal” firearm (as determined by the NFA and ATF).
* If we choose to use a suppressor (because of dogs, horses, and our own hearing) we must pay the stamp.

This doesn’t even account for all of the hoops the realtor and the vendors have to go through.

All of this instead of

* Pay for property. Make contract with owner.
* Build.
* Dig well.
* Wire.
* Buy tractor.
* Plant.
* Sell food.
* Sell services.
* Protect livestock.

No wonder I feel trapped. I can’t do a single thing with my own property that doesn’t involve one government agency or another (or several). I feel like a rat being funneled through a maze, and I am cognizant of the danger that someone will block off the exit. It’s my claustrophobia writ large.

This is just wrong. I’m a grown woman. Why does the government have to meddle in all of my affairs? Why do I have to jump through hoops just to accomplish the most simple things in life?

It’s all about power and control. Always has been always will be.

I’m sure in the beginning the encroachment began with simple things. After all, isn’t the government supposed to protect our rights? Isn’t having a dedicated police force, justice system, military, etc. worth a little in taxes?

Then a little more encroachment. Who can disagree with a little tax to pay for state roads? That’s entirely reasonable, right?

Then enforcement of standards. Who can disagree with licensing teachers? Making sure underage kids can’t marry?

Then the panics set in. Contaminated meat? The government should “do something” so it won’t happen again! E coli? Pasteurize EVERYTHING!

Of course, the NIMBY’S added their own input. Nuclear power plant? Not in my backyard! Enforce zoning so I won’t have to worry about it! Require my neighbor to clean up their yard so my house values don’t go down!

Then the lobbyists. Require farm inspections and multiple hoops so small farmers give up and “our big backers don’t have competition”. Give into the “green” lobby so they don’t pull their campaign contributions.

Of course there’s always the pure tax whores. “It’s just a little reasonable fee. On everything. You want to pay your share, right?”

Of course all of this gets codified into law, and the ultimate persuasive tactic is put into play.

“You don’t want to be a criminal, do you? You don’t want to go to prison, do you?”

This is exactly how we went from a system in which the government’s job of protecting our rights to a system where government determines WHO is ALLOWED to trample on our rights.

Well I have a message for all you busybodies, bureaucrats, rent-seekers, and whored-out legislators.

LEAVE US THE HELL ALONE.

Get out of my contracts.

Get off of my land.

Leave my property alone.

Stay the hell out of my bedroom.

Most of all, KEEP YOUR NOSES OUT OF MY BUSINESS.

And everyone else’s for that matter.

Mel

I haven’t mentioned my wife here very much, because she generally doesn’t write about libertarian issues; but I have to say, for this (and so many other reasons. For one thing, she’d rather buy guns, boats, motorcycles, and airplanes than shoes or jewelery), I am the luckiest man in the world. I happen to think this piece is the best thing she’s ever written.

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

Disturbing Quote of the Day

“This court has never held that the Constitution forbids the execution of a convicted defendant who has had a full and fair trial but is later able to convince a habeas court that he is ‘actually’ innocent. Quite to the contrary, we have repeatedly left that question unresolved, while expressing considerable doubt that any claim based on alleged ‘actual innocence’ is constitutionally cognizable.” – From the dissenting opinion by Justices Scalia and Thomas on the question of whether death row inmate Troy Davis should receive a new trial after 7 eye witnesses against him recanted their testimonies against Davis.

So as long as the defendant has received a ‘fair trial’ and found guilty, actual innocence does not matter and the state can kill an innocent person according to Scalia and Thomas?

And these are who conservatives and some libertarians consider the ‘good guys’ on the Supreme Court? They certainly aren’t on this issue.

Hat Tip: The Daily Beast

The Battle Between the Right to Medical Care vs. Government ‘Medicine’

For decades the cost of medical care has risen relative to prices in general and relative to people’s incomes. Today [1994] a semi-private hospital room typically costs $1,000 to $1,500 per day, exclusive of all medical procedures, such as X-rays, surgery, or even a visit by one’s physician. Basic room charges of $500 per day or more are routinely tripled just by the inclusion of normal hospital pharmacy and supplies charges (the cost of a Tylenol tablet can be as much as $20). And typically the cost of the various medical procedures is commensurate. In such conditions, people who are not exceptionally wealthy, who lack extensive medical insurance, or who fear losing the insurance they do have if they become unemployed, must dread the financial consequences of any serious illness almost as much as the illness itself. At the same time, no end to the rise in medical costs is in sight. Thus it is no wonder that a great clamor has arisen in favor of reform – radical reform – that will put an end to a situation that bears the earmarks of financial lunacy.

Thus begins an essay that noted Objectivist economist George Reissman penned during Clinton’s efforts to ‘reform’ health care.

Given the current debate, it’s a good essay to reread, and the folks at the Mises Institute have obliged by posting it on their fine website.

Reisman argues against many of propositions that are assumed to be true by proponents of govenrment medicine, economic ideas that are based on primitive emotions and have no basis in actual economics: » Read more

I am an anarcho-capitalist living just west of Boston Massachussetts. I am married, have two children, and am trying to start my own computer consulting company.

I’ll Support Your Boycott If You Support Mine

Yet another great letter by Don Boudreaux:

Dear Olivia Jane:

You and many readers of Daily Kos are furious that Whole Foods CEO John Mackey expressed – in the pages of the Wall Street Journal – his opposition to greater government involvement in health care.

Exercising your rights and abilities as consumers, you are therefore boycotting Whole Foods.  You’re using your freedom to avoid paying for products offered by someone whose attitude toward government you disapprove of.
Isn’t freedom wonderful?!

But I must ask: do you endorse my freedom to boycott paying for products offered by those whose attitude toward government I disapprove of?  Like you, I have very strong opinions about the proper role of government, and also as in your case, a famous chief executive is now endorsing government policies that I find reprehensible.

Will you champion my freedom to stop supporting, with my money, President Barack Obama’s services?  Will you come to my defense if I stop paying taxes to support those policies of Mr. Obama with which I disagree – policies such as the economic ’stimulus,’ more vigorous antitrust regulation, and cap and trade?  Indeed, will you defend me if I boycott – if I choose not to pay taxes to support – Obamacare?

If you will support me in my boycott, then I applaud your principle and, although I disagree with you about Mr. Mackey’s political views, fully support your freedom to boycott Whole Foods.  But if you will not support me in my boycott, then can you tell me on what principle you would stand to defend your right to boycott supermarkets if someone (say, Mr. Mackey) managed to secure legislation that obliges you to shop at Whole Foods?

I await your reply.

Donald J. Boudreaux

I couldn’t put it better myself. One quibble, even if Olivia Jane was not willing to extend us the same courtesy and support our desire to boycott Obamacare, we should applaud her principle. Just because she has reprehensible political views does not mean we should ignore the opportunity to teach her the value of a right to exit/disassociate.

I am an anarcho-capitalist living just west of Boston Massachussetts. I am married, have two children, and am trying to start my own computer consulting company.

Rare Praise for Former President Bill Clinton

I’m not normally one to say nice things about former President Bill Clinton but I have to say kudos for his securing the release of the two American journalists turned political prisoners in N. Korea.

Reuters Reports:

SEOUL — North Korea said on Wednesday it had pardoned two jailed American journalists after former U.S. President Bill Clinton met the reclusive state’s leader Kim Jong-il, a move some analysts said could pave the way to direct nuclear disarmament talks.

Clinton’s spokesman said the former president had left Pyongyang with the two reporters and they were flying to Los Angeles.

“President Clinton has safely left North Korea with Laura Ling and Euna Lee. They are enroute to Los Angeles where Laura and Euna will be reunited with their families,” spokesman Matt McKenna said in a statement.”

While I think the notion that the release of these two reporters could lead to productive disarmament talks is a bit premature, I think we should be happy that these two young women are now safe and no longer the slaves of Kim Jong-il.

Though the release of the reporters is undoubtedly a joyous occasion for many freedom loving people, at least one person is not so happy. Former Ambassador John Bolton was quoted in Breitbart.com as saying “It [Clinton’s visit with Kim Jong-il] comes perilously close to negotiating with terrorists” and “I think this is a very bad signal because it does exactly what we always try and avoid doing with terrorists or with rogue states in general, and that’s encouraging their bad behavior.”

Wake up Ambassador, the U.S. government has “negotiated with terrorists” for many decades, even on your watch. Hell, sometimes the U.S. government props up these regimes while turning a blind eye to human rights abuses and national/global security threats when the regime in question helps support the goals of the U.S. government. How is Clinton’s visit to Pyongyang any worse?

A 12 year sentence in N. Korea’s work camps might as well be a death sentence; Clinton may well have saved their lives. We shouldn’t lose sight of that.

Ain’t Nobody’s Business If You Do

THIS BOOK IS BASED on a single idea: You should be allowed to do whatever you want with your own person and property, as long as you don’t physically harm the person or property of a nonconsenting other.

Thus begins a book that everyone interested in politics should read; Ain’t Nobody’s Business If You Do: The Absurdity of Consensual Crimes in a Free Country by Peter McWilliams.  Published in 1998, it is a damning survey of how the United States had become a state composed of “clergymen with billy-clubs”.  It analyzes the consequences of punishing so-called victimless crimes from numerous viewpoints, demonstrating that regardless of what you think is the most important organizing principle or purpose of society the investigation, prosecution and punishment of these non-crimes is harmful to society.

This remarkable book is now posted online, and if one can bear to wade through the awful website design, one will find lots of thought-provoking worthwhile commentary, analysis, theory and history.

His final chapter, on how to change the system, while consisting mainly of pie-in-the-sky, ineffective suggestions of working within the system, starts of with an extremely good bit of advice that I urge all our readers to try:

The single most effective form of change is one-on-one interaction with the people you come into contact with day-by-day. The next time someone condemns a consensual activity in your presence, you can ask the simple question, “Well, isn’t that their own business?” Asking this, of course, may be like hitting a beehive with a baseball bat, and it may seem—after the commotion (and emotion) has died down—that attitudes have not changed. If, however, a beehive is hit often enough, the bees move somewhere else. Of course, you don’t have to hit the same hive every time. If all the people who agree that the laws against consensual crimes should be repealed post haste would go around whacking (or at least firmly tapping) every beehive that presented itself, the bees would buzz less often.

I highly recommend this book.  Even though I have some pretty fundamental disagreements with some of his proposals, I think that this book is a fine addition to the bookshelf of any advocate of freedom and civilization.

Hat Tip: J.D. Tuccille of Disloyal Opposition.

I am an anarcho-capitalist living just west of Boston Massachussetts. I am married, have two children, and am trying to start my own computer consulting company.
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