Category Archives: Liberty

A Public Service for Our Readers Regarding Federal Drug Enforcement

We are posting this as a public service and informational notice, for our cannabis using, interested, curious, or just plain liberty oriented readers and friends…

Contrary to articles such as this:

Congress Effectively Ends The Federal Ban On Medical Marijuana
HighTimes

It seems the controversial $1.1T spending bill that is preventing the U.S. government from shutting down is chock full of surprises.

As you may know, much to the dismay of marijuana activists and lovers of democracy everywhere, the bill smacked down Washington DCs referendum that legalized recreational marijuana in the nation’s capital. What you may have missed (because those shifty politicians are doing everything under the table) is that the bill also quietly, but effectively lifted the federal ban on medical marijuana.

Let us be VERY clear… NO the federal government has not legalized, or ended the federal prohibition of medical marijuana.

No, really, they didn’t, no matter what High Times says.

Manufacture, distribution, transportation, storage, sale, possession, and use, of Marijuana are all still federal crimes. Further, they are automatic disqualification on a background check, or a drug test, or a security clearance etc… etc…

They also make one a prohibited person with respect to firearms, explosives, and destructive devices.

Yes… even in Washington and Colorado. 

All they did in this omnibus appropriations bill, was to partially defund and deprioritize enforcement of federal marijuana prohibition, against medical marijuana dispensaries only (NOT grow ops, or users) in those states with medical marijuana, between January and September.

That’s it. 

Here is the actual text, of the portion  of the bill in question:

“Sec. 538. None of the funds made available in this Act to the Department of Justice may be used, with respect to the States of Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Hawaii, Illinois, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, Oregon, Rhode Island, South Carolina, Tennessee, Utah, Vermont, Washington, and Wisconsin, to prevent such States from implementing their own State laws that authorize the use, distribution, possession, or cultivation of medical marijuana. Sec. 539. None of the funds made available by this Act may be used in contravention of section 7606 (“Legitimacy of Industrial Hemp Research”) of the Agricultural Act of 2014 (Public Law 113-79) by the Department of Justice or the Drug Enforcement Administration.”

There has been no real change in the law, there is just a change in the administration of a small subset of enforcement.

In fact, this action makes getting the changes we need in the law harder and less likely.

Far worse though, it furthers the toxic notion that we can just arbitrarily, capriciously, and disparately, choose to not enforce the law, when we feel like it… But then any time we change our mind we can go ahead and start enforcing it again.

This disrespects and debases the very foundation of rule of law.

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

Repost: It’s not about Elites or Idiots

Reposting something I wrote back in 2011, because it’s come up again recently in social media… and because it remains true and relevant today.

Over the past few years, there has been a constant drumbeat from “progressives” (and even some non-lefties) that conservative anti-elitism is effectively “anti-science”, “anti-education”, “pro-stupidity” etc…

This is partially in response to the fact that many conservatives use the terms “elitist” or “the elite” (in the political and social context, not in the context of achievement… though that distinction is lost on leftists) as a pejorative.

Their basic comment comes down to “Well, if you don’t want intelligent, well educated people running things who would you rather run them, idiots?”

Thus, completely missing the point.

Conservatives and libertarians aren’t against smart well educated people; in fact many of us ARE smart, well educated people.

…We’re against people who want to run things.

This idea is so utterly foreign to the leftist mind, that they literally cannot conceive it, or believe it.

You see, to a conservative or libertarian, it’s inherently obvious… axiomatic even:

The world runs better, when everyone runs their own lives, and their own business, with as little interference as possible; save that which is absolutely necessary for the common good, or to prevent harm to others.

No government official or lawmaker can know more about your life, or your business, than you do; therefore, they cannot run your life or you business as well as you can.

No matter how smart, or well educated they may be, and no matter how many of them there are, they will always be working with less information then you have. Their information will always be less current. They will always have less experience in dealing with the conditions unique to your life and your business.

Since no-one can run your life as well as you can, no-one should.


Note: Economists call the idea that if you’re just “smart enough” “well educated enough” etc… you can make everything run right, the “perfect information fallacy”. If you could have perfect information (that is all information about all conditions and factors that could possibly effect the outcome of a decision) and perfect reason (that is, the ability to analyze all factors correctly at all times), then you could make perfect decisions. However, it is impossible to have perfect information in a complex system (never mind perfect reason) thus all decisions will necessarily be imperfect. This is the primary reason why communism or socialism… or in fact any kind of “managed economy” could never possibly work on a large scale; even if every person participating in that economy were a perfect communist, acting only for the benefit of the collective.

To a leftist, that is simply ridiculous… Impossible even. Someone has to be running things. It simply cannot be any other way.

You have to understand, leftists fundamentally and fully believe, that nothing (or at least nothing good) can possibly happen, without “someone running things”. No matter how “free” or “unregulated” something may appear to be, in reality, there is always someone behind it, really in control, and making sure it goes the way they want it to; favoring some parties and punishing others, exploiting some for the benefit of others.

Note: Conversely, this also means that whenever anything happens, it’s because of the person in charge. Everything good that happens is to their credit, and everything bad that happens is their fault.

It’s called the “daddy” philosophy of government (or more formally, paternalism, or paternalistic government).

As with all leftist ideas, the basic principle of the daddy government is based on what children learn during kindergarten. All money, power, control, and guidance comes from “the people in charge”, like your daddy, or your teachers.

Daddy has authority, and money. From that money, he gives you your food, housing, education, medical care etc… With that authority, he sets rules, rewards you with things when you do well at what he says you should do well at; and punishes you for doing badly, for doing things he doesn’t want you to do, or for not doing the things he thinks you should do.

When you need something, daddy makes sure you get it. When you want something, you ask daddy, and if he thinks you should have it, he gives it to you.

Daddy enforces “fairness”. Daddy makes sure you share, and play well with others. Daddy protects you from the bad people hurting you, or taking advantage of you. When things are bad, daddy will make them all better.

I should note, some people prefer to call this the “mommy” philosophy of government… which may be closer to appropriate, given most leftists have no idea what a father is , or what they are good for anyway.

When you’re five years old, daddy controls the entire world; and there’s nothing daddy can’t do.

Leftists have never really advanced in economic, social, or moral maturity beyond that point. They believe that the world continues to work that way as you grow up; only instead of daddy, or “teacher”, the one in charge is “government”.

In fact, they not only believe it’s the way it should work, they believe it simply IS the way it works, and there can be no other possible way.

Since there is no other possible way, and someone has to be controlling things; it’s absolutely critical that we get the smartest, best educated, most “elite” people to be in charge. If you’re against that, it must be because you want someone in charge who is going to favor you.

Or rather, because they have such a low opinion of the “common man”, they believe that “the people” themselves are idiots, being deceived by the people who secretly want to control everything. The people who want to control everything have convinced the “common man” of the lie of the “free market”, and of “equal opportunity” and “the American dream”. They’re all just lies the secret controllers tell the “common man”, so that the controllers can rig things to favor themselves, and their cronies. Those people are anti-elitist, anti education, pro-stupidity, and want idiots to run things, because they can then secretly control the idiots for their own benefit.

Note the assumption there that anyone who is smart and well educated MUST know that the leftists are right; therefore anyone who disagrees with them is either stupid, or evil.

This isn’t some far out conspiracy theory by the way; this is exactly what leftists think was behind the Bush presidency. Not only do they freely and publicly admit it, they write books and make movies about it.

They completely miss the point.

They don’t understand that conservatives and libertarians have a completely different idea about what government is, and what it should do.

They don’t understand…

We don’t want idiots running things….

We don’t want ANYONE running things.

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

Community Conservatism – Choosing Education that Works

MortarBoard

Making Education Work for the Middle Class

A) Simplify the Department of Education by Block Granting Most of its Budget to the States

Ron Paul, Rick Perry and Herman Cain all tried appealing to conservatives in the primaries in 2012 with the simple-minded proposal that we should simply abolish entire Federal departments. There is a certain libertarian appeal toward deleting expensive and useless departments with good-sounding mandates but bad results. We get that. But the public – the conservative public – rejected such notions and elected the guy that wanted to streamline the government and increase state power in an attempt to make government work properly, rather than giving up on government entirely. We believe most in the middle class want to see their government achieve results, rather than gambling that the results will happen naturally without government interference. We believe the GOP must embrace the notion of governing. One way to do that, is to let the states make decisions about education policy by handing them the money and reducing the role of the Federal department to that of balance sheet management and effectiveness monitor with a mandate to make sure that state programs are producing results and striking state policies that fail. We recognize that much of the spending is already block granted to the states – we are proposing to further shrink the Federal budget and return that money to the states with fewer restrictions on how it is spent.

B) Pass Federal Legislation Protecting the Right of Parents to Choose Homeschooling

There is a move afoot in some states to ban homeschooling – we have seen the same sort of movement in the EU and elsewhere in the developed world and it has led to some frightening limitations on liberty that no one should wish to see replicated in the US. The middle class, in particular, is interested in new and innovative education solutions including massive open online courses (MOOCs) at all educational levels and a variety of other homeschooling models – let’s get on the right side of history and liberty before we find ourselves unable to act decisively.

C) Incentivize States to Enact School Choice Laws

It is not within the appropriate jurisdiction of the Federal legislature to mandate open school choice, in our opinion, but we can encourage the states to accept that school choice is in high demand by the lower and middle classes by increasing federal awards to states that back successful public charter, public magnet, private, parochial and homeschooling alternatives monetarily and favor successful schools over bad ones in the distribution of education budgets, and by giving states bonuses that are efficient with their education funds (generate better performance to dollar ratios).

D) Back Trade Schools, MOOCs and Private Colleges with Oversight

One of the biggest problems with the alternatives to public colleges that prevent employers from giving much value to job applicants who obtain certifications and technical degrees from private technical schools, MOOCs and trade schools is that it’s the wild west for these colleges and they are under no obligation to provide a useful and quality education. Take a note here – because you will rarely see us asking for more federal regulation, but this is one such case. The Federal Government must promote alternatives to expensive public colleges to help ameliorate the growing higher education bubble and keep young people out of debt (and, in so doing, grow the future middle class). In order for us to break our addiction to student loans, we must empower high school kids to choose high school and college curricula that lead to technical certifications and trades, and we can’t do that until we can guarantee that our private and technical/trade colleges meet basic standards of educational value that will convince employers to hire people certified and degreed by such institutions. The standards need not be identical to the public system, but quality assurance should be required.

E) Encourage States to Enact Reforms that Limit Public Degrees that Do Not Produce

Here again, it would be beyond the scope of Congress to start outlawing college degree programs that do not produce expected revenue that justifies their existence – what we can do, however, is increase the available federal assistance for students who are majoring in a STEM, manufacturing, or technical field (and any other degree program with a solid history of wealth creation), decrease federal assistance for less productive or overrepresented majors, and tie interest rates to risk (a risky degree like puppetry or cultural studies should come with much higher interest rates than a STEM degree). Federal student loans should be treated like the investment they were billed to be, not like a pipeline of money that students may use and abuse to heart’s content. College degrees should improve the US economy, not burden it.

F) Pass a Law Requiring a Government Census of College Degree performance and Making Info Available Online

Openness and transparency in financial outcomes and expenditures usually has the immediate impact of change the demand for products based on rational financial decision-making. College degrees are a bit more emotional than the average investment opportunity, so having good data on which degrees are good investments and which are not will not stop bad degrees from existing, but I believe it will alter the number of students falling for them (because it will cause parents to deny their children’s requests to attend expensive colleges in order to study something that has a poor earning potential, along with making some students think twice about choosing bad or, at least, over-saturated, degrees). So require the department of education to conduct a census of colleges and universities and their various degree programs and report information such as the default rate on student loans for each school, each degree program and each combination of the two, the graduation rate, the employment numbers, and the net earnings of students (per capita) by degree program at each school. If a college degree is an investment, we should know what the investment is worth.

G) Pass a Law Guaranteeing the Right of Refusal to Parents

One more thing that Congress cannot tackle directly, but must move to address in what ways it can is ‘Common Core’. The concept of a Federally mandated curriculum is not compatible with liberty and the GOP should move to guarantee the right of all families to refuse to participate in common core and choose a different standard. This won’t help parents who are currently stuck in public schools and don’t have a viable alternative, but as GOP governors work on the problem of school choice, it will be crucial that alternative programs have the right to opt out of common core and use different teaching methods and standards.

Education is a state problem for the most part, as it should be, and in spite of efforts by leftists to nationalize and further institutionalize learning – but that doesn’t mean the legislature can’t take certain steps to lead on education policy and encourage the states to be bold and innovative o their own. Middle class families are aching for a better way forward for their children ad Congress should show that this is a priority for them as well.

Oath Keepers Protect St. Louis Until Being Disbanded By The Police They Effectively Replaced

Oath-keeper-patch-in-english

In response to the looting that has damaged numerous businesses in Ferguson, MO since last Monday’s announceemnt that former police officer Darren Wilson would not be indicted for killing Michael Brown, a group called the Oath Keepers descended onto Ferguson to protect businesses from being damaged or destroyed by rioters, oftentimes by setting up armed sentries on rooftops. Over the long weekend, St. Louis County’s police officers demanded that the group disperse.

Threatened with arrest for operating without a license, the volunteers argued but eventually left their positions early Saturday, Rhodes said.

“We are going to go back as protesters,” Rhodes said Saturday afternoon.

(…)

“We thought they were going to do it right this time,” Rhodes said of government response to the grand jury decision released Monday in the Michael Brown case. “But when Monday rolled around and they didn’t park the National Guard at these businesses, that’s when we said we have got to do something.

“Historically, the government almost always fails to protect people,” he added.

The Oath Keepers were started in 2009 as a militia-like force that advocates military and law enforcement personnel disobey orders that are in violation of the Constitution of the United States. Despite accusations of racism, they were started in 2009 by a Mexican-American, Stewart Rhodes, who graduated from Yale Law School and once worked for Ron Paul. They have dodged criticism for years and are regarded by some as extremists or domestic terrorists, though they maintain a 30,000 strong member base and are highly regarded among libertarian parts of the Tea Party movement.

I am personally sceptical of the Oath Keepers because I feel their tin-foil, Alex Jones-like views on the government are extreme to say the very least. Any group that gains traction due to the election of one man and finds common cause with the birther movement tends to draw scrutiny. With that said, I find it very hard to blame anyone locally for being very happy to see them. Whatever one’s views on Michael Brown’s killing – I was very dim on the “no indictment” ruling – the fact is that St. Louis County has handled the entire situation in Ferguson and surrounding areas in an illegal, borderline evil fashion. They instigated an already edgy populace from moment one, turning military-grade weapons on the citizens they “police” in a method of crowd control so poorly conceived it raised legitimate questions as to whether or not the police were intentionally trying to rile their citizens.

As the grand jury’s announcement approached, the mistakes continued. It was announced at 8PM CST, with advance warning and a preemptive call for National Guard support. They gunned for a fight, prepared for a fight, and then stoked a fight. Since then, the overly militarized police, and the actual military, guarded the police station but left local businesses to burn. After blaming the failure to indict a man who shot at an unarmed teenager twelve times on social media, they proceeded to protect their own stuff while totally abandoning any pretense of protecting anyone locally. The failures of the Ferguson and St. Louis County police departments are so legion, so flagrant, and so damaging that multiple people involved in them should never hold jobs in authority again. Their treatment of those doing their job for them only exemplifies what has been a clown car.

In light of that, is it any wonder that the Oath Keepers – at heart, an anti-government organization that is convinced martial law is imminent – would show up? This isn’t just why they were conceived; it proves all of their fears, all of their statements, and all of their actions to be legitimate, or at the very least to have a degree of truth to them. “The government is against the people!” isn’t just the cry of a guy who failed Western Civ; in this case, it’s a provable fact. The police in this area have shown more effort in going after football players than they have in any form of police work.

In striking down the Oath Keepers, the local authorities might have made them more powerful than they could ever imagine. I expect membership to spike, hard.

Christopher Bowen covered the video games industry for eight years before moving onto politics and general interest. He is the Editor in Chief of Gaming Bus, and has worked for Diehard GameFan, Daily Games News, TalkingAboutGames.com and has freelanced elsewhere. He is a “liberaltarian” – a liberal libertarian. A network engineer by trade, he lives in Derby CT.

Long Slow Burn – GruberGate as a Microcosm

GRRRRRR

We, here, at The Liberty Papers do not generally share our correspondence, but the big issues of the day are, in fact, talked about at length in our site’s Google Group as we coordinate what we’ll be talking about at this lovely blog. Without being specific or quoting anyone directly, I would like to put forward what the group reaction was to the so-called ‘GruberGate’ scandal. In a word:

‘Meh’

If you’ve been living under a rock or watching nothing but MSNBC (same difference, really), I’ll give you a quick summary of what GruberGate entails. For six years, conservatives have blasted away at the Affordable Care Act (hereafter, the ACA). For six years, we’ve been talking about how the promises made by people trying to get it passed were impossible to keep, how the bill would raise the deficit, make healthcare more expensive and less stable, drive away doctors, narrow your networks of providers – basically the exact opposite of every claim put forward by Democrats between 2008 and 2012. The media uncritically reported White House talking points for most of that time, doing absolutely zero digging and finding no evidence of problems with the law as a result.

Then some guy who’d lost his insurance after being promised that that wouldn’t happen and decided to do some actually investigating. Within a day of beginning his search, he found video footage of one of the ACA’s chief architects, Jonathan Gruber, candidly discussing the ACA with his peers in Academia in which he said THIS (follow the links to see the videos), THIS, and THIS.

Many things have been said about GruberGate, and I won’t rehash them here. The response to this story by many libertarians (not just those of us writing here) has been a collective “well duh!” We have, after all, been talking about everything that Gruber willingly admits in his various talks on the ACA – that it’s a pack of lies intended to fool the American taxpayer by fooling the Congressional Budget Office, that it amounts to a giant national experiment and the architects have no clue what it’ll do, that expanded coverage can’t happen without raising revenue to pay for it, and that the archetype (RomneyCare) was already a failure, being propped up by federal dollars all along. We knew all of that. The insults he lobs at the American voters aren’t entirely unfounded either. Many Americans, like it or not, vote without any idea of what they’re supporting. So why should we get up in arms over it.

After arguing rather cantankerously with my fellow bloggers here, trying to explain why this story enraged me so, it dawned on me what was really going on in my head. I may come to self-awareness later than I should on occasion, but I generally get there if I think on it long enough. This whole story – the story of the Affordable Care Act from conception, to birth, to signing, to repeal efforts to angry Americans who feel lied to and voting R to prove something to the left to the GruberGate controversy…it is a microcosm of everything I’ve been battling for years.

When the ACA was first being discussed, the conservative reaction was a combination of people like those in my family, who were horrified by the likely outcome of such a bill and who relied heavily on health insurance to make their various medical problems affordable to treat, but who reacted by studying the proposal and attempting to logically argue as to why it was a very bad bill indeed…and people screaming at town hall meetings because they just instinctively feared such a big, sweeping change. It’s human to fear change, and in this case their fears were justified, but instead of focusing on doing the work of exposing the lies in the ACA, most of conservatism was consumed with death panels and doomsday imagery of Uncle Sam examining a woman’s lady parts (yes, that was a real conservative ad).

Now I’m not saying I think the IPAB is good for “end of life” care…it’s not. But ‘death panel’ rhetoric sounds literally insane to your typical low-information swing voter who might be swayed by bringing a convincing argument to the debate. And, of all of the conservative reactions to the ACA, which ones do you suppose were primarily covered by the media, by ACA advocates and in the political discussion on Capital Hill – the reasoned arguments as to why the ACA would fail and make things worse, or the fear-mongering?

But guess what – that made someone like me who worked hard to understand the problems with the ACA into a looney tune screaming about death panels when I voiced my opposition to the law before any leftist. They accused me of being a liar. They accused me fearing change. They accused me of not caring about the poor and the uninsured. And they had the support of, once again, an uncritical, unserious mainstream media telling them any concerns about the ACA raising costs, impairing the system, causing doctor shortages or narrow networks, etc. were just crazy conservative fear mongering. Our detached, empirical expert, Jon Gruber, says so – read the study.

When the truth came out – when it turned out that Jon Gruber believed everything I did about the ACA except the part about those results being bad for healthcare…when he gleefully admitted that RomneyCare was a failure economically, that the ACA had nothing to do with making healthcare affordable, and that he and his colleagues had no clue how to bend the cost curve down – and then had the audacity to call us stupid for believing him, I would have been satisfied. I wouldn’t have been angry for long – it would have brought some semblance of peace to be vindicated in the fight. Except that the reaction of the left was to lie even more, minimize Gruber’s roll in crafting the bill, and then…call conservatives fear mongers again for reacting to this story with anger and for losing trust in government to solve problems like these.

This is inherently the entire problem I have with the left – every time their bad ideas don’t work and people realize it, they find the loonies in the conservative ranks and make those guys their opposition, and when you try to bring reason to the party, they accuse you of just being one of the loonies. And when you turn out to be RIGHT…oh well whatever nevermind. That fight never mattered anyway – on to the next fight.

Until conservatives are willing to call liberals (and other conservatives) out for not fighting fairly, for distorting the history of the argument, for scanning through the crowd for the easiest person to attack, for straw men and lies, for parliamentary tricks and poor research, and for their ugly assumptions about the American people, we will always lose the argument. Always. And that…is what is truly terrifying me into anger. We were right. All along, conservatives were right about the ACA and the insincere, cynical motives of its creators. We were right, they were wrong, and somehow, we still lost the argument. And it’ll happen again and again until we get angry enough to turn the tables on them – to call them out on their unfair tactics and their bad science and their twisted, utilitarian assumptions.

We’re about to have the same fight on immigration. Learn to recognize their tactics and fight back, or there will come a day when you remember how right you were about the negative consequences of an open border, and how little it mattered that you were right.

Net Neutrality: A Complex Issue With No Satisfactory Solutions

Yesterday, Chris Byrne had a write-up regarding President Obama’s “stated” support for Net Neutrality. “Stated” is in scare quotes because, as Chris noted, President Obama’s support for this ( much like his “support” for gay marriage) is a limp-wristed attempt to mollify his young, technologically literate base.

Of course, because it’s Obama and there’s a cottage industry dedicated to demonizing him, Ted Cruz had to come out with the stupidest political statement of the year (Non-Dollard/Kincannon Division).

With the mainstream attention these positions will now bring, and with an FCC decision on the issue due in 2015, the issue can no longer be ignored:

Net Neutrality is a major political issue, right now.

Chris Byrne correctly noted, that the lack of competitive options in local internet access is the primary factor leading us into the situation we’re in now. A deeper look into this shows… yeah, it shows we’re screwed either way.At the moment, there are no realistic answers that will satisfy consumers.

The explanation as to why is complex, to say the least.

Keep in mind that as I go through the issues surrounding net neutrality, I will be attempting to take common arguments, and technical background, and break them down into layman’s terms. Although readers of The Liberty Papers tend to skew more educated than most, I understand that not everyone is tech savvy enough to understand much about how the internet works beyond “I go to Google and email shows up!”. » Read more

Christopher Bowen covered the video games industry for eight years before moving onto politics and general interest. He is the Editor in Chief of Gaming Bus, and has worked for Diehard GameFan, Daily Games News, TalkingAboutGames.com and has freelanced elsewhere. He is a “liberaltarian” – a liberal libertarian. A network engineer by trade, he lives in Derby CT.

Mandatory Ebola Quarantines: Constitutional or Fear-Mongering?

Last Friday, a federal judge ruled that the state of Maine could not force a mandatory ebola quarantine on nurse, Kaci Hickox, who recently returned to the U.S. from Sierra Leone. According to CNN:

District Court Chief Judge Charles LaVerdiere ordered nurse Kaci Hickox, who recently returned to the United States after treating Ebola patients in Sierra Leone, to submit to “direct active monitoring,” coordinate travel with public health officials and immediately notify health authorities should symptoms appear. Another hearing is scheduled for Tuesday.

Hickox was held under quarantine in New Jersey after she returned to the U.S. because she had broken a fever. Since then, Maine, New York, Florida, Illinois, California, Georgia, Connecticut, Maryland, and Virginia have enacted some form of mandatory quarantine of some level or another. I’ve heard a lot of people, even within libertarian circles, arguing in favor of the mandatory quarantines. I think that these views are largely based on fear and misinformation. First, are these mandatory quarantines even constitutional? Let’s do a brief constitutional analysis.

By forcing a mandatory quarantine on someone, the state is taking away their liberty. Under the Fifth and Fourteenth Amendments, the state may not deprive one of “life, liberty, or property without due process of law.” Therefore, quarantines are a matter of substantive due process. (For a brief tutorial on substantive due process, click here). The courts will have to apply a strict scrutiny test because one’s liberty is a fundamental right. There are three prongs to a strict scrutiny analysis:

  • (1)  The government must have a compelling interest in the law which would restrict one’s liberty;
  • (2)  The government must narrowly tailor the law to meet that interest; and
  • (3)  The government must use the least restrictive means possible to meet that interest.

Does the government have a compelling interest in enforcing mandatory quarantine laws for people who exhibit symptoms of ebola? Absolutely! The government certainly has an interest in protecting its citizens from a deadly disease. There really isn’t much of a question here. The government can easily prove this prong of the strict scrutiny test. No problems yet.

Are mandatory quarantine laws narrowly tailored to meet the government’s interest of protecting citizens from deadly diseases? Maybe. This is where it becomes a bit tricky. Some states enacted laws which would require anyone who has had any contact with an ebola patient or anyone who recently visited areas of Africa known to have the ebola virus to be quarantined for at least 21 days, despite not showing any symptoms of the virus. This is clearly not narrowly tailored to protect the public from this deadly disease. Other states require the quarantine only if there has been a known exposure to ebola such as splashing bodily fluids or a needle stick. This is much more narrowly tailored to meet the government’s compelling interest. In the case of Ms. Hickox, her quarantine was not narrowly tailored to meet the government’s compelling interest because she was showing no actual symptoms of ebola. Therefore, I do not believe that her quarantine was constitutional. However, I could see cases where a quarantine would be constitutional, such as the case of Thomas Eric Duncan, the first person to die from this disease, and the staff who treated him. In those cases, where the patients showed symptoms of ebola, a 21-day quarantine would be justified.

Are the mandatory quarantine laws the least restrictive means possible to meet the government’s compelling interest? No! Not in these cases. In the case of Ms. Hickox, she was originally quarantined in a New Jersey hospital for 21 days. This is certainly too restrictive because she showed no real signs of the ebola virus other than having a fever. When she returned to Maine, officials wanted her to stay in her home for 21 days. While this is less restrictive than the hospital, it is still unconstitutional because of the restrictive nature of the order:

Late Thursday, the judge had ordered stricter limits on Hickox, requiring that she “not to be present in public places,” such as shopping centers or movie theaters, except to receive necessary health care. The temporary order permitted her to engage in “non-congregate public activities,” such as walking or jogging, but said she had to maintain a 3-foot distance from people. And it forbade her from leaving the municipality of Fort Kent without consulting local health authorities.

I think that Judge LaVerdiere got it right when he lifted the restrictions that she not be present in public. I do agree that she should submit to regular checkups and screenings, but only because I think that it is the responsible thing to do and Ms. Hickox seems to agree:

Standing with her boyfriend Ted Wilbur, outside their home in Maine, Hickox told reporters the decision was a “good compromise” and that she would continue to comply with direct active monitoring.

“I know that Ebola is a scary disease,” she said. “I have seen it face-to-face. I know we are nowhere near winning this battle. We’ll only win this battle as we continue this discussion, as we gain a better collective understanding about Ebola and public health, as we overcome the fear and, most importantly, as we end the outbreak that is still ongoing in West Africa today.”

Therefore, mandatory quarantines are likely to be unconstitutional if the patient tests negative for the virus or shows no symptoms of having the virus. However, mandatory quarantines are more likely to be constitutional for patients who have shown symptoms of the virus or tested positive.

This is where we need to separate a legitimate concern from fear-mongering. I’m no doctor, so I’ll let the experts from the Mayo clinic explain what ebola is, its symptoms, causes, and risk factors. According to the experts, ebola is spread through blood, bodily fluids, mostly in Africa, and not through the air. Should we be concerned? Absolutely. Should we be fearful of every person who comes in from Africa and institute travel bans for anyone seeking to come into the country from those areas? Absolutely not! in fact, the chances of you getting ebola are about 1 in 13.3 million, which is less than being killed in a plane crash (1 in 11 million), being killed by a lightning strike (1 in 9 million), or being killed in a car accident (1 in 9100). So if you decide to be fearful of ebola, I would recommend that you don’t fly anywhere, stop driving, and don’t go outside while it’s raining. You’re more likely to die from those than from ebola. For the rest of us, we will just continue to live our lives.

Why Legislating Morality Is A Good Thing

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One of the phrases that irritates me about politics is when the phrase “we shouldn’t legislate morality” is uttered. Usually, that person does mean well (ie. supporting a separation of church and state), but it doesn’t diminish the fact that the phrase itself is ignorant. I would argue that a free liberal society must legislate morality if it is remain both a liberal society and a free society. All laws are is the morality of a society that is written down, therefore you cannot make laws if you’re not legislating morality.

I’m a classical liberal, which means I believe that the only moral purpose of government is to defend life, liberty, and property. I also believe in things such as pluralism, tolerance, the advancement of science and technology, realism, and reason. I want the morality of society to recognize these things in the laws that are made by the government that is supposed to represent us all. In fact, I would go even further to argue that moral relativism and liberty cannot coexist.

What I don’t advocate

When many people read this title and the first paragraph they’re probably thinking, “Kevin is about to argue for some sort of a theocracy.” Well, once you’ve read the second paragraph you probably realize that I’m no theocrat. Yes, I am a Christian, but I don’t need to law of Ceasar to guide my walk with Jesus Christ. While it is unreasonable to ask people check their religious and cultural beliefs at the door when discussing politics, in a pluralistic society such as the United States there is no place for legislating based on religion. 

The morality of a free, liberal society

The government must legislate based upon the morality of a liberal society. Since we classical liberals believe that the only moral purpose of government is to defend life, liberty, and property; we must keep government restrained except for those core functions. We know that as government grows, freedom contracts.

To promote a pluralistic society, we adopt an approach of “live and let live.” As long as your actions do not harm others lives, cause physical injury, or threaten their property; the government should not ban it. However, those who violate the life, physically harm others, and threaten property are punished severly. Government should stay out of bedrooms, computers, wallets, and everything else that is private.

Nor should government force people to love one another. All that a person has the right to ask from the government is to protect their life, liberty, and property; not to protect their feelings from being hurt. Trying to eliminate prejudice and bigotry through social engineering is a fool’s errand. Tolerance on the other hand must be practiced by the state and the state must treat all equally regardless of gender, race, religion, or sexual orientation. Equal justice under the law is a hallmark of a liberal society.

This does not mean we have to agree on everything

As a classical liberal, I do not require you to agree with me on everything in order to believe in and promote liberty. For example, I can see pro-liberty arguments for opposition to legalized abortion, assisted suicide, and euthanasia. I can also see both sides of the issue on the death penalty. I can also see an argument for some sort of social safety net in order to protect property rights from looters. There are also many other issues where good, liberty minded people can hold both sides.

As for the culture, persuasion not force

As my friend and fellow Louisiana blogger Scott McKay always likes to say, “politics flows downstream from the culture.” What he means is that politics and laws are a reflection upon the culture. We as classical liberals need to start paying attention to changing the culture. 

We need to build a culture that respects life, believes in individual freedom and responsibility (ie. liberty), believes in pluralism and “live and let live”, believes in the advancement of science and technology and rejects quacks like Food Babe, looks at the world as it is and not the way we want to see it, and strives for knowledge and make ourselves better than what we are. We need a culture that is truly diverse, not just in appearance but also in thought as well.

We do this by promoting these values in our writings and activism. We do this by promoting these values in how we live our lives, contribute to our communities, and educate our children. Finally, we do this buy how we spend our money and our resources.

Ultimately, all laws are simply the reflection of the values and morality of a society. The sooner we’re honest with ourselves on that, the sooner we can focus on the things that really matter.

 

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 IJ Review.com and Rare. You can also find me over at the R Street Institute.

Take A Stand! Don’t Vote At All!

Today, my illustrious co-contributors have been making the case to you to vote. Sarah wants you to vote Libertarian, Matthew wants you to vote Republican, and Kevin doesn’t want you to vote Democrat, but drew the short straw and we made him argue it anyway.

Now I’m going to tell you why none of their arguments should make you vote for their parties.
Don't Vote!
First and foremost, the Democrats. Some might argue that if you vote Republican, you get big government AND social conservatism, but if you vote Democrat, you get big government and social liberalism. Frankly, it’s a lie. Democrats talk a good game about civil liberties, about ending the drug war, about being pro-choice, reining in the military-industrial complex, and ending foreign adventurism. Yet they change their tune as soon as they’re in power. Remember all those Bush-era domestic spying programs that Obama put a stop to? No, me neither. Remember when Obama closed Gitmo? No, me neither. Remember when Obama forced Congress to give him a declaration of War before bombing people? No, me neither. And it’s been his fellow Democrats defending his [in-]actions. Voting Democrat will never be beneficial to liberty.

As for the Republicans, one can make a very similar argument. Because if you vote Republican, you really do get big government and social conservatism. They talk a good game about small government and fiscal responsibility, but remember who was in office when TARP happened? Hint — it wasn’t Obama. Medicare Part D? No Child Left Behind? Yeah, not small government. Some might say the Republicans are the lesser of two evils, and that libertarians are more naturally allied with Republicans with Democrats, so you might as well pick them as your poison. There’s just one problem with allies when it comes to government: the alliance is forgotten the day after the election. Fusionism between libertarians and Republicans just isn’t going to work.

No, the reason not to vote Democrat or Republican is it truly has gotten very difficult to determine which of them is the lesser evil. And in our system of direct representation, does it really make sense to vote for someone who doesn’t represent you?

That leaves the argument that we should vote our conscience, and vote Libertarian. I’ll admit, of all three arguments, this is the one I’m most sympathetic to. After all, I would actually want to see Libertarians elected. I would trust a Libertarian candidate to represent my beliefs in Washington. And there’s one more argument for voting Libertarian, which Sarah overlooked: Since Libertarians never win, we don’t have to worry about being hypocrites when they then go to Washington and violate their campaign promises!

So why should you stay home? Why not “vote your conscience” and pull the lever for the Libertarian?

Because any vote, even one for the Libertarian, is an affirmation of the system.

But let’s face it. The system doesn’t work. And the reason it doesn’t work is that the system is rigged. The direct representation system with first-past-the-post voting is only stable with two parties. The two parties then exist to move as close to the center as possible and ensure that they don’t alienate voters. Parties don’t exist to cater to minority views.

But we’re libertarians. We’re not centrists. We are a minority view. Some suggest that we’re 15% of the electorate. But the other side of that 15% is 85%. We can NEVER expect the mainstream parties to represent our interests, no matter who we vote for, because the money is in the center, not at the edges.

The alternative is a parliamentary-style proportional representation system. If we truly are 15% of the electorate, we would be able to gain a sizable chunk of the legislative body and we would force the Republicans and Democrats to work with us to govern. In today’s system, they only work with us until the campaign ends.

No, you shouldn’t vote. Validating the system of direct representation with your vote is a losing strategy. That doesn’t mean you shouldn’t be active. I’m not saying you can’t make an impact. If I believed that, I wouldn’t be blogging. What I’m saying is that if you want to make a difference, focus everywhere except the ballot box. You actually have some likelihood of doing good that way.

Vote Libertarian, Because Not All Politicians Are Smart, But All Politicians Can Count

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Thus proclaims Arvin Vohra, Vice Chair of the Libertarian National Committee and a candidate for Maryland’s fourth congressional district. Vohra and I are in agreement that the only effective way to tell politicians they must shrink the size and scope of government is to vote for libertarian candidates (“small l” intended).

Not voting at all accomplishes nothing more than making one’s opinions irrelevant to the people who hold political power. Voting for the “less bad” of the two contenders is guaranteed to continue the policies of the last two administrations.

In contrast, consistently voting only for libertarian candidates pulls the two major parties toward more libertarian positions. That, standing alone, is reason to vote libertarian.

We know the strategy works because it is working! Twenty-five years ago, mainstream journalists rarely mentioned libertarians. Now, not a day goes by that the word is not featured in the headlines of big-name publications or crossing the lips of mainstream commentators.

Google the words “libertarian moment,” and witness how shrilly both the left and the right deny that one is occurring.

Their foot-stamping to the contrary, Republicans are fundraising for openly gay candidates. Donors are pressing the party to stay out of marriage altogether. Republican candidates are campaigning to make birth control available over the counter. The first U.S. Senator has come out in favor of marijuana legalization.

Thanks for these shifts goes in some degree to the people who consistently prove their motivation to visit the polls, while simultaneously refusing to cast votes for statist candidates in either party. More people today identify as independents than either Republicans or Democrats. Fifty-nine percent of voters self-identify as “fiscally conservative and socially liberal.” Even under conservative estimates, 15% of voters can be treated as consistently “libertarian” in their positions.

Libertarians (“small l”) have become a swing-voting block as powerful as the religious right.

The best use of that power is to end the conspiracy of false choice and emotional partisanship that operates to keep the two-party oligarchy in power.

The Republocrats have given us federalized schools; a morass of unfunded entitlements and dependency; wild inflation in the cost of education and healthcare; the Drug War, the highest incarceration rate in the world, militarized police, and asset forfeitures; welfare and cronyism for corporations, agribusiness and green energy; a national debt in the trillions; the surveillance state and the erosion of the fourth amendment; expensive, immoral, ineffective and deadly interventions overseas; and restrictions on political speech.

If the foregoing is not convincing enough, consider the following. When Republicans are in power, Democrats support balanced budgets, oppose unfunded spending and resist increases to the debt ceiling. As then-senator Barack Obama said in 2006:

This rising debt is a hidden domestic enemy, robbing our cities and States of critical investments in infrastructure like bridges, ports, and levees; robbing our families and our chil- dren of critical investments in edu- cation and health care reform; robbing our seniors of the retirement and health security they have counted on.

*     *     *

Increasing America’s debt weakens us domestically and internationally. Leadership means that ‘‘the buck stops here.’’ Instead, Washington is shifting the burden of bad choices today onto the backs of our children and grandchildren. America has a debt problem and a failure of leadership. Americans deserve better.

When the Republicans are in power, they simply trade positions. Republicans complain about spending and Democrats oppose balanced budgets.

Or consider this example from Robert Sarvis, Virginia’s libertarian candidate for U.S. Senate:

In 2008, when Republicans were the ones supporting the Export-Import Bank, candidate Barack Obama called it little more than corporate cronyism, but in 2014, it was Democrats lining up to support it. Virginia’s Democratic Senators Mark Warner and Tim Kaine introduced the reauthorization bill, and President Obama signed it.

Republicans are keeping the bank going until 2015 when they can figure out who is is in power, so they know which position to take.

How anyone keeps falling for this shtick is beyond me.

Spoilerism is a feature of third party voting, not a glitch. It communicates to mainstream politicians that we’re here, we vote, and if they want to beat their opponent, they need us to do it. The libertarian moment is nigh. Stay the course.

Sarah Baker is a libertarian, attorney and writer. She lives in Montana with her daughter and a house full of pets.

How Not To Engage Non-Libertarians In A Political Discussion

There’s a video being shared by some libertarians that shows a libertarian activist, who identifies an affiliation with Students for Liberty, asking a progressive activist about his policies and ideology. After about a minute or so, the libertarian brings up that the progressive ideology requires a state and violence to implement it. The progressive then got angry and eventually walked away from the cameraman and the SFL guy.

Here’s the video:

The guy who made the video and the libertarian echo chamber that is pushing it are identifying as a progressive who got angry when he realized that violence was needed to promote his ideology. Meanwhile, I believe that the progressive got angry because he knew he was being ambushed as has become common.

Make no mistake, this video is defeat for the libertarians and a missed opportunity to promote libertarianism. Furthermore, it reinforces the negative stereotype that libertarians only care about eccentric things and not about practical solutions to real problems.

Here’s what I would’ve done in the same scenario.

  • The first 50 seconds or so were on the money. I would’ve let the progressive talk about himself.
  • When the progressive brought up his motivations: equality, justice for all, equal opportunity; I would’ve taken the opportunity to develop some common ground.
  • The common ground with this type of progressive is easy, start with cronyism and crony capitalism.
  • Once there was agreement established that crony capitalism is bad, start to bring up that it is because of government laws and regulations, which are well intended and be sure to emphasize that, that make it easy for corporations to rig the system. Then make an argument for free markets and less government.
  • The progressive is going to do one of three things: be persuaded, challenge your argument (which is just as good), or throw a fit and walk away. If they walk away in this instance, you clearly win because it shows they cannot handle a dissenting argument and there was no ambush, just a debate.

Notice what is never brought up, “violence” or “coercion”. The reason why those terms are never brought up is because no one cares about them outside of hardcore libertarians, voluntarists, and anarcho-capitalists. When reaching out to someone, you reach out to them by using their way of thinking, not yours.

Here’s the thing about progressives, they’re going to be very difficult for any libertarian to persuade to join team libertarian. This is because progressives have a different mindset than conservatives and libertarians in that they believe in the collective instead of the individual and in fact, they see individuality as the threat. This is why when liberaltarians urge outreach to progressives, they water down libertarianism.

To put it in linguistic terms, it’s easier for libertarians and conservatives to converse because libertarians speak French whereas conservatives speak Spanish. Both languages are in the same linguistic family (Romance) therefore there are major similiarities between the two. Both political ideologies, in the Anglosphere, stem from the same classical liberal tree. Progressives on the hand speak Chinese, which has no similiarities. Some on the left already realize that progressives and libertarians will never be on the same side. The two have different interests and that’s why, especially among the rank and file, most libertarians come from conservative ranks.

All in all, libertarians need to do better reaching out to non-libertarians and they way to do that is to get on the other person’s wavelength. When a person storms off and won’t engage you, you’ve already lost and that’s not a good thing if the goal is to win converts.

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 IJ Review.com and Rare. You can also find me over at the R Street Institute.

Invalid Presumption of Moral Superiority

A reader commented that the problem with what you might call “strict Randites” is that they “seem to have a lack of compassion”.

An APPARENT lack of compassion.

Some do yes.

Others simply recognize that it isn’t compassion, when one is being “compassionate” with other peoples time, money, and resources.

Not a Randian by any stretch of the imagination… but there IS a point there.

The larger point with Rand, and with Neitzsche, and other individualist philosophers; is that the assumed obligation to sacrifice oneself in favor of others, and the assumed moral superiority of it, are both not only false, but in fact harmful.

Voluntary self sacrifice for good cause, and to good effect (or at least with a realistic attempt at good effect), is a noble thing. In all other cases, it is not.

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

Re-post: The Right to Life Also Implies a Right to Die

Brittany Maynard says ‘I don’t want to die.’ The 29 year-old is is not unique in her desire for self-preservation as most of us do not want to die. What does make her somewhat more unique is she has tragically been diagnosed with a stage 4 glioblastoma. To put this in laymen’s terms, she has terminal brain cancer which will end her life if nature is allowed to take its course.

Brittany, however; has other plans. She has moved from California to Oregon to take advantage of Oregon’s ‘right to die’ law. Her goal is to live until her husband’s birthday on November 1st. If she lives until November 2nd, Brittany says she wishes to die on her own terms on that day. “I may be alive on Nov. 2 or I may not, and that’s my choice,” Brittany explained.

Back in June of 2007, I wrote a post entitled: The Right to Live Also Implies a Right to Die. I wrote the post in response to Dr. Jack Kevorkian’s release from prison. While I appreciated the gravity of physician assisted suicide then, it was still a bit abstract. Since that time I have seen friends and family members waste away to terminal conditions and it is truly horrifying to witness. I cannot say for sure that any of these friends or family members would have opted to make the same choice as Brittany and others have made but they should have had the choice. The state should not stand in the way of end of life decisions by the person who owns his or her life.

The following is a re-post of the original article I wrote in 2007.

Dr. Jack Kevorkian has finally completed an eight year prison term. For what exactly? For helping a terminally ill and suffering man exercise his right to a have a dignified and peaceful death. I find it very irritating that the media has given Dr. Kevorkian the nickname ‘Dr. Death’ as if he were some kind of serial killer.

Dr. Kevorkian has done our society a great service by bringing this issue into the national debate. On what basis can society deny a person his or her right to die? If we truly believe that every individual has the inalienable rights of life, liberty, and property, then the individual cannot be denied this right on any of these measures.

The individual has the right to life but this does not mean that government can force an individual to live. The individual has the right not to exercise his or her rights. The individual has the right to keep and bear arms but the government cannot force an individual to own a gun. The individual has the right to his or her liberty (provided he or she does not infringe on the liberty of others) but he or she can willfully surrender his or her liberty to be subjugated to a cult or religion. The individual has a right to his or her property (which would include his or her body by the way) which means he or she can do with it whatever he or she wishes (again, provided he or she does not infringe on the life, liberty, or property of others).

Thomas A. Bowden has an excellent piece on this issue at Capitalism Magazine.

The Declaration of Independence proclaimed, for the first time in the history of nations, that each person exists as an end in himself. This basic truth–which finds political expression in the right to life, liberty, and the pursuit of happiness–means, in practical terms, that you need no one’s permission to live, and that no one may forcibly obstruct your efforts to achieve your own personal happiness.

[…]

For these reasons, each individual has the right to decide the hour of his death and to implement that solemn decision as best he can. The choice is his because the life is his. And if a doctor is willing (not forced) to assist in the suicide, based on an objective assessment of his patient’s mental and physical state, the law should not stand in his way.

The fear by those who oppose the inherent right to die is that the government would eventually start killing those who are suffering regardless of the wishes of the individual. But upon closer inspection, recognizing an individual’s right to choose his or her manner of death is protecting the individual’s right to life. The individual does not live for the purpose of pleasing society or the religious sensibilities of others.

“Bad” or “Wrong” or “I don’t like it” is not equivalent to “Unconstitutional”

In a comment on someone elses post, another reader wrote “The DEA is an unconstitutional and illegal agency”.

This bugs me… We frequently see these sorts of statements made about the DEA, the ATF, the federal reserve (where ok, there’s at least a rational and reasonable though flawed argument to be made… most of the people shouting stuff like that above aren’t making those arguments, but still)… Basically any federal agency that they don’t like, or which enforces laws, or uses delegated powers which they personally don’t like.

No, the mere existence of the DEA is not unconstitutional or illegal. It is perfectly constitutional in that it is an executive agency chartered to enforce the laws promulgated by the legislative branch.

The fact that the federal government has no constitutional authority to outright ban or criminalize such substances as the DEA is chartered to regulate, or to ban or criminalize their manufacture, use, or possession (and only limited power to regulate their sale. No, sorry, regulating interstate commerce and making such laws as necessary for the general welfare does not grant them such broad and deterministic powers… and Wickard v. Filburn is bad law and needs to be overturned), does not mean that all laws relating to such substances are illegal or unconstitutional. There are legitimate regulatory powers that such an agency may lawfully and constitutionally exercise.

AS CURRENTLY EXTANT AND IN THEIR CURRENT ROLES AND ACTIONS… The DEA often engages in unconstitutional behaviors, and acts to enforce unconstitutional laws. That much is certainly true. But they are not inherently unconstitutional, or illegal.

Those are actually really important distinctions. Not just semantics or distinctions without difference.

This is so, because you go about addressing the issues, and solving the problems, differently. Things which are blatantly and directly illegal or unconstitutional are best addressed in one way. Things which are peripherally so, are best addressed in a very different way.

You have to shoot at the proper target, with the proper ammunition.

Also, it’s really important to remember, that “bad and stupid” or “harmful” or “undesirable”, or “pointless”; does not necessarily mean “unconstitutional”. Nor does “constitutional” mean “good”, or “useful” or “effective”.

That’s not even a matter of judges discretion or interpretation… The constitution actually provides far less protection of rights, and limitation of powers, than people believe it, expect it, and wish it to (at least explicitly… the 9th and 10th amendments… there’s much bigger and messier issue).

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

Windowpanes, Pencils, and Paperclips

A few days ago I wrote something on facebook that bears repeating here:

A comprehensive understanding of the pencil problem, combined with a thorough understanding of the broken window fallacy (and its inputs and corollaries… Hazlitt for example), makes a pretty good inoculant against socioeconomic lies and stupidities.

Although they are implied by the conditions above, perhaps one should also specifically reference the scale and complexity problems, the perfect information fallacy, the perfect man fallacy, and the law of unintended consequences…

Some of our readers may be unfamiliar with the pencil problem.

In comments, the novelist Ryk Spoor provided a decent explanation, which I’m going to paraphrase here, with my own edits and revisions (and the addition of the last bit, about planning and control):

No one man, can make a pencil, or at least a pencil which could be sold economically.
In general terms, the pencil problem, is that even simplest and most common objects in our civilization generally require an immense number of people and inputs; to not merely build, but manufacture and sell in sufficient numbers, to make it worthwhile to build them cheaply (or at least so that they can be sold economically).

The applies to everything from cars and computers, to pencils, to paperclips.

If you wanted ONE paperclip, it would be an epic undertaking, from locating the appropriate ores, refining them, turning them into steel, figuring out how to draw the steel into the appropriate size of wire, and then finally producing the paperclip from that wire. The amount of effort involved in it would be months of your labor, assuming you had the talent and resources to do it at all.

Instead, you go to a store and buy a 100ct box of them for a dollar; or even at minimum wage, a few minutes of your time for a hundred of the things.

Multiply that by all the different types of goods and services in a modern civilized society, and it starts to become clear just how many people, in how many different specialties, with how much infrastructure, are needed to keep everything running.

Given that scale and complexity, it should also be clear how impossible it would be to plan, control, and manage, anything approaching a national economy or infrastructure centrally; or in fact in any way other than as devolved and decentralized as possible.

The original statement of the problem in this way came from an essay by Milton Friedman (which was a restatement of an earlier essay, “I, Pencil” from Leonard Read, which was a restatement of Hazlitt, which was a restatement of Bastiat and back down the chain).

A video of Friedman explaining the problem:

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

The problem with “Wouldn’t it be…” and “Wasn’t it…”

Progressive ideas usually begin with:

“Wouldn’t it be great if…” (progressives are generally theorists)

Ok, right there with you so far…

Conservative ideas usually begin with:

“Wasn’t it great when…” (conservatives are generally empiricists)

Yup, that works for me too…

The complication is the next step, taken by both progressives and conservatives:

“Since that would be great, it is our moral obligation, to use the force of government to MAKE it that way”

… and that’s where we part ways.

The problem, is that I believe I have no moral right to force MY personal beliefs, preferences, or ideas on anyone else (no matter how “great” or “right” they may be).

I also believe that we have a moral obligation to use the force of government as little as possible (even if doing so may be “for the greater good”).

Of course, that’s where the kicker hits, from both left and right…

“Since you oppose something which is great, and which is a moral obligation, you must either be stupid, or evil”

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

Why Libertarians Should Vote Libertarian This November (and Always)

As usual at this stage in the election cycle, my social media newsfeeds are filled with indignant Republicans lecturing libertarians about “spoiling” elections in favor of Democrats. I will do as always, listen to the howls as they cast themselves impotently upon the shoals of my principles—and continue to fill in ovals only for those candidates with an established commitment to limited government, enumerated powers and fiscal restraint.

I urge my fellow libertarians to do the same.

Never mind Libertarian candidates pull votes from Democrats as well as Republicans. Never mind Libertarians sometimes spoil elections in favor of the Republican. What I find even more interesting this election cycle is how much more sympathetic the howlers are to third parties and spoilers now that it is the social conservatives feeling betrayed by the GOP.

Tax-Hike Mike Huckabee is threatening to leave the party and take “a whole bunch of still God-fearing, Bible-believing people” with him if the party “abdicates” on gay marriage. Chairman of the (misnamed) Liberty Council Matthew Staver is now openly calling for the creation of a third party if Republican “cowards” cannot hold the line against gay marriage. The (misnamed) National Organization for Marriage is actively campaigning against Republican candidates Carl DeMaio and Richard Tisei for their breach of party orthodoxy:

We refuse to follow the leaders in Washington as if we were sheep expected to dutifully support candidates whose positions are an insult to conservatives and will severely damage the nation. We are going to do our best to defeat these candidates because they are wholly unworthy of holding high office.

Remember all the times libertarians have said the same thing, not in connection to gay marriage, but as to a plethora of other issues? I know my social media will soon light up with outrage  at these social conservatives actively spoiling elections against Republic candidates.

…Any time now…

It is ironic, really, because however faithless the GOP has been with the theocratic wing of its base, its breach of faith with the small government contingent has been near absolute. The GOP has given us the Patriot Act, warrantless wire-tapping, protectionist tariffs, expensive subsidies for agribusiness, a crony capitalist energy bill, and Sarbanes-Oxley.

It has bequeathed us a $1.9 trillion war waged on credit to topple a secular dictator whose position is now being filled by the group known as ISIS. Its War on Drugs is a spectacular failure, whose face looks like this, and which is now opposed by the majority of Americans—along with five Nobel prize economists.

The GOP “abdicated” long ago on local control of schools, federalizing education to an unprecedented extent with No Child Left Behind. In an irony observed by Edward H. Crane of the Cato Institute back in 2002:

Mr. Bush campaigned for the greatest federal role in education that any president, Republican or Democrat, had in US history. Never mind that 20 years before, Mr. Reagan had won a landslide victory on a platform that called for the abolition of the Department of Education.

The GOP oversaw an incredible expansion in the federal budget, even for non-defense discretionary spending, and a new entitlement program in the form Medicare Part D, with net expenditures of $727.3 billion through 2018. Its candidates now openly campaign against cuts to Medicare and Social Security and the party leadership takes the position that it cannot risk unpopular cuts when winning re-election is so crucial.

…So they can cut spending?

There will always be another election looming. This is not the logic of a party sincere in its intent to rein in the size and scope of government. It is the logic of a party whose purpose in winning elections is to hold onto power for its own sake.

Even if the GOP had given libertarians a reason for support this November, it is increasingly unclear it can deliver in national elections. Only 25% of Americans identify as Republican, the party having lost fully 12% of its base to Independents, who now make up 42% of the electorate (31% are Democrats).

Is there a target electorate for a party of politicians who are entitlement-state liberals on economic issues, hawks on foreign policy, surveillance state security-fetishists, and who believe in using the power of the government to promote conservative values on social issues? How big can that voting block be? According to Dave Nalle writing for American Broadside, Huckabee’s following consists of about 6-8% of Republican voters nationwide.

In contrast, as many as 59 % of voters self-identify as “fiscally conservative and socially liberal,” the exact opposite of the “socially conservative, fiscally liberal” brand of conservatism the GOP has served up in the last fifteen years. Against Huckabee’s 6-8% following, 61% of young Republicans and 64% of millennial evangelicals support treating same-sex marriages equally under the law.

Even the Catholic Church sees the writing on the wall.

Contrary to Huckabee’s handwringing, the GOP can maintain its position on abortion and remain a viable party. Forty-six percent of American adults, 45% of independents and 28% of Democrats are pro-life. Even outspoken Democrat women like Kirsten Powers would put a limits on abortion well before the end of the second trimester. There is common ground to be had there.

But the GOP cannot remain a viable party without the libertarian swing vote. Even under conservative estimates, 15% of voters can be treated as consistently “libertarian” in their positions, representing a voting block as big as the religious right—and one that is far more willing to stray from the GOP.

It is clear the GOP needs libertarians this November—hence the shrill refrain from the peanut gallery of social media. But it is not clear what the GOP has to offer. Its tent is big enough to cover both libertarians and social conservatives. But there is no such thing as a tent big enough to cover both libertarians and social conservatives who want to use the power of the government to promote their social preferences.

Those two are mutually exclusive. They are matter and anti-matter. They cannot exist in the same time in the same place.

Until the GOP chooses, it will remain a splintered force in politics. And unless it chooses the side of small government, it offers little incentive for libertarians to look for shelter in its tent.

Sarah Baker is a libertarian, attorney and writer. She lives in Montana with her daughter and a house full of pets.

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…

…PLEASE STOP…

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.

These are HUGE REAL PROBLEMS.

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”

Yes.

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

The Problem With Freedom…

Here’s the problem with supporting liberty and freedom… You have to support peoples liberty and freedom to be assholes and idiots.

I think discriminating against gays or blacks or anyone else for some arbitrary characteristic that doesn’t harm you is fucking idiotic, and proof that you are a total asshole.

However, I think you should be free to associate with, or exclude, anyone you want to from your private property, or private business.

Why?

Because that’s what freedom of conscience, and true property rights are.

The right to associate with those you wish, and not associate with those you do not, is inherent to freedom of conscience.

The right of exclusion IS one of the three fundamental rights of private property (the others being the rights to use and dispose of the property as you see fit, and the right to the outputs, proceeds, and benefits accrued on or by the property).

Arbitrary discrimination by private businesses is wrong, stupid, offensive, and just bad business.

But it shouldn’t be illegal.

Note: At least not for truly private businesses.

There is an argument to be made that public corporations, because of the legal protections they receive from the government, and their “public ownership” through equities; should not be allowed to discriminate. Some even argue that by obtaining a business license, a business can be prohibited from discrimination.

Unless such prohibition is written into the law for licensure of these businesses, or for the foundation and governance of a company, I disagree with this argument (and I have issues with the concept of making anti-discrimination part of the law, again on the grounds above), but there is at least a basis for it.

Oh and for those of you who think this is just about gays… it applies equally to guns. I think that businesses that exclude lawful bearers of arms from their premises are idiots, and that it’s bad business… but its THEIR property, and they have the right to exclude me if they want to.

The GOVERNMENT should NEVER be allowed to discriminate, nor should any public utility, or any organization with a lawful monopoly. Any organization with which interaction is mandatory, or their power over you is involuntary, can never be allowed to discriminate.

Private individuals, and private property though, can never be prohibited from doing so… at least if we value and wish to preserve freedom and liberty (and in this country, frequently and unfortunately, we do not).

Freedom of conscience though, is a wonderful thing… They get to discriminate. Guess what, so do you. You can choose not to patronize their business. You can organize all your friends… and the entire world if everyone else is so inclined… to not patronize that business.

That’s freedom for ya…

Oh and by the by, these laws currently proceeding in several states explicitly legally authorizing business to refuse to serve people on the basis of their sexual orientation, are part of the blowback I predicted would result from the current strategy many in the gay rights movement have of “suing our way to normalcy”…

“Dammit, if they don’t want to make my same sex wedding cake, I’ll SUE”.

Or worse “We’ll get married in Massachusetts, and then move to Kansas and sue for them to recognize our marriage”.

Many lied saying that would never happen. Many more well intentioned supporters honestly believed the lie, and repeated it.

When I raise this issue with my liberal friends, they often say that I am being ridiculous.

It HAS been happening, from the first legally recognized same sex marriages in this country.

It’s a bad strategy, and it has and will continue to backfire.

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

Liberty Rock: “Spike in My Veins” by Korn

This is a great, important, video. I hope you will enjoy this. I have some additional thoughts about this video and this subject posted here.

We are the ones taking all the pain
Falling on our faces
They don’t care anyway
Anyway, now
You’re the one that makes me feel like I’m alive
You’re the one that pushes me all the time
All the time, now

We are hard and grey
Always fate, to do what they say
Calling me deranged
Feeling power, I must take its place some way

Never gonna run away
Seeking out the path
But the pain always gets in the way
Slowly watch me die
I’m insane, so dangerous
Don’t you dare get in my way
Throwing in the towel
Got me strained, so betrayed
Get the fuck out of my way
Looking at my thoughts, I take my time
Pounding all these spikes in my veins

We are the ones reaching out in vain
Trying to solve our problems
They won’t go away, go away now
You’re the one that makes me feel like I’m alive
You’re the one that pushes me all the time
All the time, now

We are hard and grey
Always fate to do what they say
Calling me deranged
Feeling power, I must take its place some way

Never gonna run away
Seeking out my path
But the pain always gets in the way
Slowly watch me die
I’m insane, so dangerous
Don’t you dare get in my way
Throwing in the towel
Got me strained, so betrayed
Get the fuck out of my way
Looking at my thoughts, I take my time
Pounding all these spikes in my veins

Pounding all these spikes in my veins
Pounding all these spikes in my veins
Pounding all these spikes in my veins

Never gonna run away
Seeking out my path
But the pain always gets in the way
Slowly watch me die
I’m insane, so dangerous
Don’t you dare get in my way
Throwing in the towel
Got me strained, so betrayed
Get the fuck out of my way
Looking at my thoughts, I take my time
Pounding all these spikes in my veins

Pounding all these spikes in my veins
Pounding all these spikes in my veins
Pounding all these spikes in my veins
Pounding all these spikes in my veins
Pounding all these spikes in my veins
Looking at my thoughts, I take my time
Pounding all these spikes in my veins

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