Yesterday Nebraska became the latest state to repeal the death penalty. While this is encouraging as states in recent years have ended this barbaric practice, what is even more encouraging and unusual is the fact that Nebraska is a red state. Nebraska is the first predominately conservative state in 40 years to repeal the death penalty. This isn’t to say that all conservatives were on board with the repeal. Republican Governor Pete Ricketts vetoed the repeal but supporters overrode the veto with the minimum number of votes required by 30 to 19 (conservatives accounted for 18 of the votes in favor of repeal).
Today’s vote makes Nebraska “the first predominantly Republican state to abolish the death penalty in more than 40 years,” said Robert Dunham, executive director of the Death Penalty Information Center, in a statement shortly after the vote. Dunham’s statement singled out conservatives for rallying against the death penalty and said their work in Nebraska is “part of an emerging trend in the Republican Party.” (Nebraska has a unicameral, nonpartisan legislature, so lawmakers do not have official party affiliations.)
“I think this will become more common,” Marc Hyden, national coordinator of Conservatives Concerned About the Death Penalty, said in a statement following the repeal vote. “Conservatives have sponsored repeal bills in Kansas, Montana, Wyoming, South Dakota, Missouri, and Kentucky in recent years.”
Are you pro-life? Opposed to big government? Do you believe in reducing government spending? Do you support the death penalty? If you answered yes to all of these questions, then you may want to re-think your position on the death penalty. As supporters of life, liberty, property, and limited government, I believe that all conservatives and libertarians should oppose the death penalty.
I couldn’t agree more. Perhaps more conservatives will come around to this more logically, philosophically consistent position.
Neocon William Kristol, writing on the pages of USA Today writes that “We were right to invade Iraq in 2003 to remove Saddam Hussein […]Even with the absence of caches of weapons of mass destruction…”
It’s quite clear that not only has Kristol not learned the lessons of Iraq but also is willing to rewrite the history in such a way to exonerate the Bush administration from its failings.
When President Obama took office, Iraq was calm, al-Qaeda was weakened and ISIS did not exist. Iran, meanwhile, was under pressure from abroad (due to sanctions) and at home (due to popular discontent, manifested by the Green uprising in the summer of 2009).
The Obama administration threw it all away. It failed to support the dissidents in Iran in 2009, mishandled the Iraqi elections in 2010, removed all U.S. troops from Iraq at the end of 2011, and allowed the Syrian civil war to spiral out of control from 2011 on.
Oh yeah I forgot, things were going great in Iraq until Barack Hussein Obama took office. If only the U.S. got more involved in the Iraqi elections (whatever that means) and “supported” dissidents in Iran (whatever that means) and kept U.S. troops in a bit longer (say another 100 years or so?) why today we might well be witnessing Jeffersonian democracy or a Madisonian republic in the Middle East! And the whole bit about WMD not being found in Iraq? Details. Who cares!
Nearly 4,500 Americans died, tens of thousands more were wounded, and $2 trillion was squandered in a war to destroy weapons of mass destruction that were never found.
And though the war disposed of a bloody dictator, Saddam Hussein, it ushered in something worse, at least for the United States: A sectarian civil war that killed hundreds of thousands of Iraqis and gave birth to Islamist terrorism, now under the banner of the Islamic State.
The more legitimate Afghanistan War was orphaned, turning it into a quagmire, and allies were alienated.
Today, Iraq is splintered and reeling. With the capture this week of the key Sunni city of Ramadi, ISIL is firmly in control of one chunk, and Iran — the war’s big winner — has great sway over another.
Okay, fair enough. But, but Obama set a premature timetable for retreat from Iraq before the mission could be accomplished…
Obama’s policies have indeed made things worse. But in arguing that he should have kept troops in Iraq longer, his critics skip over the inconvenient fact that he pulled out on a schedule negotiated by Bush. And, of course, had Bush not launched the war in the first place, there would have been no such mistakes to make.
There’s just no getting around those fundamental facts. The Neocon experiments have failed.
Most people… At least most people in modern western democracies… Seem to have a fundamental and unconscious assumption about the nature of law and government, that goes something like this:
Law and government, are or should be, the expression of the will of the majority, for the purpose of making collective decisions, taking collective actions, fixing problems and righting wrongs.
If I gave that definition to most people as what government “should” be, or even what it is, I’d guess they would agree.
But that’s not what law and government are at all. In fact, that notion of the nature of law and government, is not only wrong, it is extremely harmful.
What are law and government?
Government, is the instrument of collective delegation of the legitimate initiation and use of force against others.
Law, is the body of rules by which that force is administered and applied.
The only legitimate purpose for which, is to secure and protect the rights of individuals governed by them.
So, what’s the other thing, and why is this a problem?
The other definition, is more properly that of society (as distinct from culture).
Government is NOT Society, and Society, is NOT Government
This conflation of government, and society, is a very serious social and political problem because those who hold it… and I firmly believe it’s a large majority… believe that law and government, should be used for “doing what’s good, and stopping what’s bad”.
They naturally wish to see government do what they think is right, or best, and stop that which they think is wrong, harmful, or wasteful… And not just in areas where force should be applied.
They conflate “legal” with “good” and “illegal” with “bad”, and try to make laws against things which they think are bad, or mandating things which they think are good.
They often even conflate “legal” or “attempting to make legal” with “approving and supporting”, and “dissapproving and opposing” with “illegal” or “attempting to make illegal”.
This is incredibly harmful
We have allowed… even encouraged people… to deeply hold the fundamental notion, that they get to vote on other peoples opinions, choices, and behavior; and if their “side” wins the vote, that it is legitimate to make those things legal or illegal.
It also means that these people automatically and reflexively try to solve personal, moral, social, or societal problems, with government and law, when it is entirely inappropriate, even harmful, to attempt to do so. Most of those problems cannot be solved by the use of force;, or at best can only be solved inefficiently, ineffectively, and while violating the rights of others.
In encouraging this misapprehension, we have in fact made the personal, the political, and the political, the personal.
How do we stop the harm?
We must correct this critical error in peoples fundamental apprehension of law and government.
People need to understand, at the most fundamental level, that government is force, and that law is how that force is directed and administered. No more, no less.
If we don’t correct this misapprehension, then we will continue to simply seesaw back and forth between majoritarian tyrannies, as social changes dictate.
Rights will continue to be violated and abrogated as the opinions of society fluctuate.
The favored, will continue to be privileged over the disfavored at the expense of the disfavored’s rights, until the pendulum swings again and the roles are reversed.
Yes, I realize, that is largely how it has always been… But never has law and government had such a depth and breath, had so great a reach into our personal lives, as it does today, and this unfortunately shows no sign of receding.
The absurdity of this reach… and overreach… is finally becoming apparent to many people, on all ideological “sides”; be it the “war on drugs”, the “war on terror”, privacy and surveillance, or gay marriage and wedding cakes.
So, we have to take action, now
Use this growing awareness of the overreach, to help people understand.
We have to show people these aren’t just outlying excesses. That they result from the way we think of, look at, and attempt to use, government.
We have to get people to understand, that if they can say “there ought to be a law”, and then get a law made banning something that they don’t like; then their worst enemy, can get a law made banning something they love.
We have to return to the notion that fundamental rights matter, and that the only legitimate purpose of law, and government, is to protect those fundamental rights.
That’s up to individuals, and to society as a whole, NOT GOVERNMENT.
Voluntary collective action. If it’s really what people want, then they’ll work for it, without the threat of force. If it’s not really what they want, then we shouldn’t be forcing people to do it.
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
I’ve been thinking quite a bit about the situation in Baltimore and the very state of our culture. This Facebook status update I came across yesterday is very worthy of repeating here.
I really wish people would stop posting Freddie Gray’s criminal record, as if that makes him deserving of having his spine broken while in police custody, killing him. You can’t claim to be a supporter of constitutional rights, yet care nothing of Freddie Gray’s rights. This brother was no less deserving of his life than any white collar criminal. I don’t support rioting & looting, but I also won’t support those who think his life was worth less than the next person, or that he got what he deserved. He was the victim in this case, and his record is irrelevant… – Talitha McEachin
Agreed. Unless Freddie Gray presented a presented a threat to the lives of the police officers while he was in custody*, the police had no right to use the force they used that ultimately ended his life. Whether he was arrested one time or a thousand has nothing to do with how Gray was treated.
*Of course at this point, we don’t really know what happened while Gray was in custody. This is yet another argument for the notion that each and every moment the police are interacting with a suspect that these interactions should be recorded and made available (eventually) to the public. There’s simply no excuse for this not to be the policy of every police department in 2015.
This year marks the 150th anniversary of the end of the War Between the States. The Northern states, fighting to preserve the Union and (later) to end slavery, defeated the Southern states in a war that resulted in over 600,000 dead.
The war all but ended the concept of state soverignty as the question of secession was decided on the battlefield. The war also gave birth to concept of American nationalism as Americans began to consider themselves as American before being a citizen of their state.
However, America is probably now divided more than it has been in decades. The nation seems to be hopelessly gridlocked politically. Meanwhile, the culture wars are in full swing with social justice warriors going to war against traditionalists and libertarians. There really are two Americas.
What explains the division? I argue that culture and region probably provide the best clues to the division of America.
The Economist had an excellent article earlier this month describing how the South is still culturally different from the rest of the country. Why is that the case?
The dividing line is actually religion.
Religion is a better explanation of southern exceptionalism. The civil war divided most of America’s Protestant sects, says Mark Noll of the University of Notre Dame. Both the Presbyterian and Methodist churches split into northern branches, which opposed slavery, and southern branches, which did not. Even after slavery ended, theological divisions persisted. In the north, which saw mass immigration from all over the world in the decades after the war, Protestant churches had to find some accommodation with Jews, Catholics and, eventually, non-believers.
In the South the share of those born outside America (which was low to begin with) actually fell after the civil war. New migrants moved west or north but rarely south. Because of this, southern churches could hold more traditional views without challenge. Those tented revival meetings that were such a feature of southern Protestantism were not intended to win converts so much as to purify and strengthen beliefs that were already there.
The Southern Baptist movement, which is strongly associated with the “values voters” who favour the Republicans, has its origins in support for slavery. Southern Baptists have long since updated their views on race, as the many black Southern Baptist pastors attest, but the movement’s social conservatism endures. And southerners are unusually observant: Utah is the only non-southern state where church attendance is as high as in Dixie.
Southerners are also known for being fiercely individualistic. As the rest of America becomes more secular, it should be no surprise that the region still strongly believes in the Protestant work ethic and tends to be more supportive of limited government. They’re also willing to forgo a large portion of the safety net because religious charities will largely step up and fill the role.
Another interesting thing about Southern culture is how it tends to leave its mark on surrounding cultures. There are reasons why in particular heavily Catholic south Louisiana, pre-dominately Catholic Hispanics in Texas, and the Catholic Cuban-American community in Miami are more conservative than Catholics in New England and the Midwest. Those Southern values of individualism, hard work, personal responsibility and family values have rubbed off on those communities.
Here’s an interesting map from The Economist article.
Courtesy: The Economist
A lot of the orange on the map corresponds to the red state/ blue state maps on presidential elections. The more secular states tend to vote Democratic while the more religious states vote Republican. The views on abortion and gay marriage also tend to align with religious viewpoints.
As you can see, America is deeply divided between a more religious and ironically more individualistic South and Midwest and the more secular coasts. Could the differences between these two Americas lead to secession and civil war? Who knows.
Now, I don’t believe you have to be religious to be moral and that all religious people are moral. But I do believe that a free society only survives when it’s populated by a moral people. The purpose of this post is not to pass judgement on anyone’s religious beliefs.
Let me close with something. We have quite a few non-religious and atheist contributors here who believe in free markets and secular values. I value them all and I’m proud to call them friends. I also know they’re the exception, rather than the rule among secularists. Most atheists generally lean to the left and conservative and libertarian atheists tend to be the exception than the norm.
Here’s an exit question: do you think many secularists replace religion with a belief in the state and social justice and that’s why they’re hostile to limited government? Let us know in the comments.
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 Hayride.com and Rare. You can also find me over at the R Street Institute.