Category Archives: Politics

It’s Time To Double Tap The Republican Party And Build Its Replacement

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The Republican Party primary voters did it. They nominated Donald Trump as their presidential nominee.

I predicted as far back as August 2015 that Donald Trump would destroy the Republican Party and it appears he has. Trump is the choice of it seems Republican voters. His numerous racist and xenophobic statements and positions and his hostility to the Constitutional limits of his power weren’t a problem in the end.

There is no home in a Republican Party ruled by Donald Trump for those who hold classical liberal views and/or traditional conservative values. Those libertarians, conservatives, conservatarians, Constitutionalists, classical liberals, and the rest who believe in the principles of the American founding are now politically homeless. The day after Trump knocked Ted Cruz out of the race, I left the Republican Party.

The Republican Party is a dead political party. It’s a zombie just shuffling forward in search of human flesh. The #NeverTrump movement should double tap the Republican Party. It is little more than a Grand Zombie Party now and start building its replacement.

The #NeverTrump movement is beginning to realize that the Republican Party is beyond saving. A couple of Iowans, Joel Kurtinitis at The Blaze and Steve Deace at Conservative Review, want the movement to think bigger than just defeating Donald Trump. They’re both on board the “we need a new party train.” I completely agree with both men.

We need a party that argues in favor of the classical liberal principles of America’s founding. We need a party that recognizes that populism is just another form of statism.

Why Not The Libertarian Party?

The Libertarian Party is America’s third largest political party. It will likely have ballot access in alll 50 states plus the District of Columbia this year. It is running some pretty good candidates for president. I hope they get the 5% of the vote necessary to receive Federal campaign matching funds. This would be good for American politics.

However, as a long-term solution, the LP is not what I’m looking for. The Libertarian Party’s primary purpose is an educational tool for libertarian ideas and that’s great. But a new home is needed for the broad classical liberal spectrum for winning and governing.

What Should This New Party Look Like?

Some thoughtful pieces have come out recently about the direction this new party would take. The first one is a two-part series run on The Federalist by Paul D. Miller about bringing back The Federalist Party. The second part outlined a platform suggestion.

Decentralizing power is the best way—perhaps the only way—for an increasingly pluralistic people to govern themselves: a pluralistic people calls for plural governments. Americans are increasingly divided not merely by race, class, and gender—which has always been true—but by differing sets of values, by religious and sectarian identities, by basic understandings of justice and democracy that have drifted apart in recent generations.

The progressive left and quasi-fascist right believe the increasing fragmentation of American life is a malady which must be cured by the strong hand of government. In fact, those very movements are both cause and consequence of the fragmentation of American society, and their agendas can never create the imagined unity of the romantic past or utopian future.

The Federalist accepts the pluralism of American life as a reality to be accommodated, not a disease to be cured. The way to safeguard human dignity and self-government in a culturally pluralistic nation is to revive the institutions of plural government; that is, to devolve power to the several governments closer to the people they govern.

A more decentralized Federal government must be a major part of the platform. After all, we are a nation of 50 different states, each with their unique values and cultures. A “one-size fits all” approach to government fails. But decentralization alone is not enough. The Federal government has some roles.

Jeff Goldstein at Protein Wisdom had some thoughts of his own on a possible new party platform. I recommend reading the entire piece but I wanted to highlight his 6 main planks.

1) Individual liberty
2) Federalism and representative republicanism
3) Constitutionalism
4) Judicial originalism
5) National sovereignty
6) Free-market capitalism

These are a good start. The only minor quibble I would have is I’m more of a Randy Barnett “judicial engagement” type than a judicial originalist. I can get on board with the rest easily though.

I think we need to add a few planks though and call the whole thing “Nine For Freedom” or something. Here are my suggestions:

7) Growth and opportunity: The old economy is dead. The idea of having a job right out of college and staying with the same company until you retire doesn’t happen anymore. We’re shifting towards a “gig economy” where many people are freelancers. Uber, Lyft, Airbnb, Fiverr, Ebay, and many other innovations make it easy for almost anyone to be in business for themselves. The economy itself has an anemic growth rate that shows signs of getting worse. We need to unleash the American people by getting government out of the way. We need to lower the world’s highest corporate tax rate, reduce regulations, and attack crony capitalism that delivers privileges to a well connected few. We need to reform our outdated Industrial Era education system, promote school choice, and fix higher education so that you don’t have to have a bachelor’s degree to wait tables. Finally, we need to have a free market approach to fix or replace Obamacare.

8) Welfare and Entitlement Reform: We have a major problem with our welfare state. It still traps people in dependence and discourages work. Social Security Disability fraud is bleeding the system dry. We can’t have this as a nation. At the same time, we shouldn’t hold people who do need a temporary hand up in disdain. Most people don’t make welfare a lifestyle. You can hit this many ways. The guys over at the Foundation for Government Accountability have great ideas to reform welfare. If we want to go bolder, we may want to consider scrapping the alphabet soup of welfare programs and replace it with some kind of basic income program. If you want to undermine the sources of support for the Trumpist right and the progressive left, you have to attack the welfare state.

9) A Strong, Secure, And Free America: We will aggressively confront the enemies of this country. We will stand for liberty and freedom allaround the world. We will have a military and intelligence capability that is second to none. However, we will not engage in military crusades for democracy, seek dragons to slay, and engage in dubious neocon nation building schemes. We believe in the power of diplomacy and we believe in free trade. America will be involved in the world but we will not police the world alone. We will ask our allies to do more to protect themselves not because they’re not important but because we cannot and will not do it alone. Finally, while we will be vigilant about detectingthreats from abroad, we will not listen to your phone calls, read your emails, track your online browsing, or otherwise spy on you without a warrant. America should not throw away its founding principles even in wartime.

We have an opportunity to reshape the political landscape. The Republican Party is little more than a home for racists, kooks, reactionary populists, demagogues, con artists, and political opportunists. It no longer serves the purposes of liberty.

Let’s build something that does.

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.

How to Fix the Nomination Process


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Whether you are a Trump supporter, Cruz supporter, Kasich supporter, Sanders supporter, Hillary supporter, or a disinterested observer fed up with the whole thing like myself, we can all agree that the nomination process is a complete disaster. Not that any of this is new to this particular election; the 2016 campaign has only exposed the flaws in the process that have existed since the earliest days of the leading political parties.

No, neither Trump nor Sanders are having the nomination ‘stolen’ from them, at least not in a sense where actual ‘cheating’ is happening (best I can tell from afar anyway). The fact that Trump doesn’t understand how the process works does not mean Cruz is doing something wrong. And the irony of ironies where some of Sanders’s delegates are being redistributed…well, Hillary Clinton would never cheat right?

If the argument is that the game is rigged at worst or just a little screwy at best then I can certainly agree with that. The rules and process as was set up long before the 2016 campaign is really what is causing confusion leaving many primary voters angry and disillusioned. While it may be too late to cure what ails the nomination process for 2016, I believe I have a few ideas that would vastly improve the process and I would encourage any political party to at least give this a try.

A National Primary Day

This incredibly long drawn out byzantine primary system has outlived its usefulness. There is no reason to have a few states vote early while other vote later. If it’s good enough to have the general election on one day than the primary should be no different. My proposal is to have every state and territory vote on the same day, say 40-60 days before the party’s convention. If the states want to follow roughly the same calendar as the traditional primaries holding town halls, debates, or even non-binding straw polls then by all means, do so. The days of a handful of states determining who emerges should be done away with forever.

Allocation of Delegates

In the 2016 South Carolina Primary Donald Trump “won” the election with a whopping 32.5% of the vote. To put this another way, 67.5% of South Carolina voters voted for someone other than Donald Trump *but* because South Carolina is winner take all, Trump will be awarded all 50 of the state’s delegates! While I’m not one of these people who think that “majority rule” is a good thing in and of itself (actually it’s often terrible), it seems that in a primary or caucus which purports to reflect the “will of the people” should at a minimum, require that the winning candidate actually earned the majority of the vote.

If the goal of the nomination process is to nominate an individual who represents the “will of the people” in the party then the parties are not doing a very good job in achieving that goal. My proposal to improve this aspect of the process is as follows:

Each state/territory is to have one delegate for each congressional district and two at large delegates. Each would-be delegate is bound to a particular candidate and can only become a delegate if his/her candidate wins 50%+1 of the vote in the congressional district or, in the case of the at large would-be delegates, 50%+1 of the entire state, commonwealth, or territory. The candidates would keep every delegate s/he won (i.e. no winner take all states). The 50%+1 threshold would be easily achieved by implementing instant runoff voting (this is key). This way every vote actually would matter and the “spoiler effect” would be minimized if not eliminated.

Rather than explain how instant runoff voting (a.k.a. alternative voting) works for those who are not familiar, here’s a short video:

The Nominating Convention

The convention would operate more or less like it does now. The delegates would then go about choosing the nominee by either multiple rounds of voting or using the instant runoff method as described above. Because all the delegates would be bound to their candidate (at least to start with) in the former method s/he must vote for the candidate in the first round, in the latter s/he must rank the bound candidate #1 and the candidate of his or her choice for #2, #3, and so on. Whichever way the convention decided to go, the important thing is no winner would be selected without a majority recorded vote (i.e. no voice votes where the Chairperson decides which way the vote went based on his/her opinion).

Oh yeah, one other thing: no other candidates could be nominated who was not running on National Primary Day.

Would this process be perfect? Of course not. There is no system I can think of which will prevent a truly terrible person from being nominated or even elected. If there’s a better way, I would certainly would love to hear it. That being said, I believe this process is much superior than the one either party is using now.

All this makes me wonder though: if the parties are having this much trouble determining the will of the majority of their party members (assuming that’s really what they are trying to do), how can they be trusted to solve the more complex problems they want us to believe they can solve?
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One Point of Clarification

If you read carefully, you will notice that everything I wrote is just a suggestion about how any political party can improve its nomination process. None of this in any way is meant to advocate that the law should be changed to comply with my opinion. Its free advice and the parties can take it or leave it (and they probably will leave it…who am I to advise them right?).

I’ve come across some individuals who are upset about how some state parties have gone about choosing delegates (which I can sympathize with; I hate how the Colorado Republican Party chooses delegates). What everyone needs to understand though is that regardless of what they think they know about how the system works, the U.S. is not a democracy. It never was and never was intended to be. Some misguided individuals believe that the shenanigans (as they see it anyway) taking place in some of these state conventions is tantamount to treason against the U.S. Constitution.

For those who think this way, I’m about to drop a giant atomic truth bomb so here it goes…

There is no constitutional right for the average citizen to vote in a presidential election (neither in the party primaries nor in the general election). No, really there’s not.

For those who don’t believe me, the part of the U.S. Constitution that addresses how the POTUS is to be elected is located in Article II, Section 1, Paragraphs 2 through 4. I’ll share the most relevant part (paragraph 2):

Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

As stated from the excerpt above, each state determines how Electors are picked to vote for POTUS. This means that if the state legislature wants to choose Electors by drawing names out of a hat or by roshambo, the state legislature may do so. As it happens, every state legislature has decided that the people have a right to vote for the Electors provided they are eligible to vote (as determined by that state’s laws).

Did you notice something else? What about all the explaining about the nomination process of delegates of a particular political party?

Read the excerpt again, no actually read Article II in its entirety because I know some people reading this think that I cherry picked one small part from the U.S. Constitution to make my point.

Did you notice that there wasn’t a single word about political parties, much less how they go about choosing a nominee for president?

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Libertarians Debate on Stossel (Part 2 of 2)

Watch-Part-One-Of-The-Libertarian-Party-Debate-On-Stossel-702x336This isn’t by any means an exhaustive analysis of the second part of the Stossel LP presidential debate but I wanted to share the video now before too much time passes and this becomes irrelevant.

In this second part, Fox News hosts Bill O’Reilly and Geraldo Rivera each posed a video question regarding drugs. O’Reilly said he had a question for “the libertarian geniuses” which it seemed that he thought he really had a question that would stump them. As it turned out, O’Reilly’s question made him look like a fool. What he thought was a fast ball was actually a hanging curveball that any libertarian worth his or her salt would have hit out of the park (It’s clear that either he doesn’t watch Stossel’s show because he crushes these kinds of questions on a regular basis). All three candidates indeed did hit it out of the park (bonus points for Petersen for calling O’Reilly a pin head).

Geraldo’s question was a bit more nuanced: Should government have programs to help drug addicts? Among the three candidates, I thought McAfee had the best answer. Treatment cannot be forced on those who don’t want it.

From there, Stossel addressed more of the issues in which libertarians are outside the mainstream.

Combining the two parts of the debate together, my opinion hasn’t changed much. I feel like Austin Petersen “won,” I liked much of what John McAfee had to say (he has a great voice too; he should get into broadcasting), and if anyone “lost” it was Gary Johnson.

All of that being said, any one of these individuals is lightyears better than what the blue and red teams are offering.

Libertarians Debate on Stossel (Part 1 of 2)

Watch-Part-One-Of-The-Libertarian-Party-Debate-On-Stossel-702x336In case you missed it, the first half of the Libertarian Party Presidential Debate aired on Stossel on April 1st (the second half will air on Friday, April 8, 2016). The three participants were 2012 Libertarian Party presidential nominee and former New Mexico Governor Gary Johnson, software developer John McAfee, and the founder of the blog The Libertarian Republic Austin Petersen.

After watching some of the GOP debates and the first Democrat debate, watching the Libertarians debate was refreshing. No name calling or commenting on the appearance of the other candidates. No scolding the debate moderator for asking questions the candidates didn’t like. To the extent that one candidate challenged or disagreed with another they were on the substance of the issue at hand (more on that in a moment). There seemed to be more areas of agreement than disagreement (and even a kiss on the cheek) among them. This debate was more about presenting to a national cable audience the case for Libertartian policy alternatives to those of the Republicrats.

Did any candidate “win” Part 1 of the debate or help/hurt his chances with the LP faithful or viewers who are open to supporting a third party candidate?

I can only answer for myself. I enthusiastically supported Gary Johnson in 2012 all the way back from when he was running for the GOP nomination to election day as the LP’s nominee. Of the three, he’s the only one I was all that familiar with. I took the Isidewith.com survey on the issues (mentioned in the debate) several weeks ago and found that I sided with Austin Petersen 97%, Gary Johnson 92%, and Ted Cruz 77%. I’m not sure why John McAfee wasn’t among those I sided with because I found myself in agreement with much of what he said in the debate. Due to these results, though Gov. Johnson is sort of my default favorite I watched with an open mind.

To my surprise, indeed I did find myself agreeing more with the thirty-five year old Austin Petersen than the other two. For libertarians looking for “purity” of libertarian principles, Petersen is your guy it seems (based solely on one half of one debate). When asked about whether a cake decorator should be forced to make a cake for someone based on personal or religious reasons, Johnson (to my profound disappointment) said they should while Petersen said the market should decide making the freedom of association argument (an argument every good libertarian should have down pat).

The second strike against Johnson and for Petersen was the question of the so-called gender pay gap. Johnson sounded like a progressive echoing the “equal pay for equal” work line but said he would be hesitant to sign any equal pay legislation because “the devil is in the details.” Petersen on the other hand skillfully explained why the gender pay gap is a progressive myth. McAfee, for his part argued that if a person doesn’t like how much they are being paid they are free to look elsewhere.

There’s certainly more in the debate that I didn’t get into here. My conclusion as far as my opinion goes: Petersen helped himself, Johnson hurt himself, and McAfee is intriguing. In a world where Hillary Clinton and Donald Trump are looking to be their party’s nominee any of the three would be hands down a better choice.

Lessons From POTUS 2016: Around the Bonfire of the GOP

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I hate POTUS 2016.

I hate all the candidates who aren’t libertarians.

I hate the voters continuing to lend their support to the authoritarian politics of the two major parties.

Most of all, I hate the endless raving about a possible Trump candidacy.

Trump Isn’t the Problem. His Supporters Are. An ocean of words has been written about Donald Trump’s detestable politics and undiagnosed personality disorders. Every one of those words is true. He is a sleazy multi-level marketer with a cheap spray tan and a bad comb-over; a low functioning bully with the attention span of a second-grader, whose first policy instinct will always be authoritarianism and who lacks even the most basic conceptions of constitutional governance, separation of powers and individual freedom.

If nominated, he will, without one shred of doubt, lose the general election to Hillary Clinton.

Nonetheless, anyone who thinks the GOP establishment can do much to stop this slow motion train wreck misunderstands the nature of government.

Government is not the party elite, big money donors, or the politicians in Washington. Government is us. We the people. The voters (and non-voters) who put and keep those politicians in office. Ourselves, our neighbors, our friends, family and co-workers.

The establishment cannot fight Trump because he is not the target. His supporters are.

How has endlessly pointing out how racist, xenophobic and stupid they are worked thus far?

Squeezing out other candidates won’t force any voters to shift their support to an establishment pick. As Trump himself discerns, with his trademark narcissistic clarity (but his detractors somehow miss), those supporters might just as well shift to Trump. And squeezing him out won’t force any of them to turn out for some other, better, more respectable, nominee in the general.

Therein lies the rub.

Trump’s candidacy reveals something ugly and festering on the American right, something with the potential to do nuclear-level damage to the GOP’s credibility with everyone from moderates, independents and swing voters to Christians and mainstream Republicans.

On the other hand, if the party squeezes him out—whether through an onslaught of establishment attacks or a brokered convention—it risks alienating his pissed off contingency of Republican voters.

At a time when voters are fleeing the major parties in droves, the GOP is between a rock and a hard place. A Trump candidacy might be fatal, but so might the loss of his fans. To move forward without them, the party would need to replace its Trump-wing with a new supply of liberty voters.

There’s a lesson in the numbers, for a party willing to make hard choices, and it’s not the only one of the 2016 cycle.

Identity Politics Has Failed, and Pandering Is an Antiquated Campaign Strategy. Women are not breaking for Clinton. Evangelicals are not breaking for Cruz. Hispanics are not breaking for Cruz/Rubio.

It turns out those demographics, like all the others, are not stereotypic representatives of monolithic groups, but individuals with political concerns that transcend gender, heritage and religion. Candidates who ignore this modern reality will continue to be confused about why Evangelicals and Hispanics are voting for Trump—and continue suffering backlashes for their insulting rhetorical devices (like the importance of beginning each day on one’s knees or special places in hell for free-thinking women).

Money Does Not Buy Elections. There’s some evidence money buys politicians and pundits. But Trump’s candidacy annihilates the myth that an entrenched two-party system, dripping in advertising wealth, subliminally messages clueless voters into supporting the status quo.

Neither establishment donors nor the politicians themselves are in control this election cycle. Jeb Bush, Chris Christie and their respective Super PACs paid through the nose to perform poorly in the early voting states. Trump, on the other hand, without the support of any Super PAC, is paying minimally to outperform expectations.

That Trump is a phenomenon unto himself might explain why it costs him so little to win. It does not explain why Bush and Christie have paid so dearly to lose.

What does explain it is that rebellious primary voters are not beholden to any amount of campaign advertising, political spending, establishment credibility or ideological purity.

The GOP Might Not Survive the Trump Campaign, But the Country Undoubtedly Will. Trump is a monarchist who wants to use the office of President to crown himself king and savior, while cutting through the red tape for his next casino parking lot. Unfortunately, all too many people—including plenty of Republicans—are ready to go along with the cult of an imperial presidency.

Notwithstanding that problematic trend, we still have Congress, the Constitution, and the limits on presidential power set forth in Article II.

That might not be true if Ted Cruz got his way and turned SCOTUS into just another political branch of government. Party loyalists desperate to stop Trump may not understand how dangerous that is.

Scalia did.

As a libertarian, I have never enjoyed an election cycle in which the viable candidates were anything but clowns. For me, 2016 is just par for the course. The rest of the electorate is now feeling the way I always do.

Maybe now is a good time to ponder what they’re so desperately trying to save.

Unless It Can Reinvent Itself, the GOP May Not Be Worth Saving. I suspect my political aims are vastly different from those of most Trump supporters. I nevertheless also suspect we have similar reactions to the prediction that he is going to destroy the GOP and/or conservative movement:

Are we supposed to conclude that’s a bug…or a feature?

Amid all the handwringing about the wreckage that will be left in the wake of Trump’s candidacy, precious little is devoted to convincing voters there’s anything worth saving.

Remind me again, what is the point of the GOP?

muh roadsIt’s clearly not to restrain spending. Once they obtained control of both houses of Congress, Republicans drove a stake through the Budget Control Act, broke budget caps, suspended the debt ceiling and doc-fixed Medicare to the tune of $500 billion. Along the way, they extended No Child Left Behind, passed a $305 billion highway bill (muh roads!), and reauthorized Ex-Im.

They ended last year with a $1.8 trillion omnibus spending bill.

Senator Marco Rubio did not even show up to vote.

If they aren’t going to rein in the scope of government, cut spending, and balance the budget, what do we have Republicans for again, exactly?

I’ll grant them abortion. That’s one. What else? Carpet-bombing and traditional marriage?

This is me yawning.

If the GOP wants voters like me to come to its rescue, it’s going to have to start selling something we want to buy. It will need to cut lose the growing horde of populist authoritarians, the seedy underbelly of racists and xenophobes venturing from their closets, and the dying remnants of traditional marriage zealots. It will need to replenish its base instead with the growing numbers of liberty-minded voters currently spread out across the two major parties, a few third parties, and the sizable ranks of swing-voting independents.

It will need to unite its disparate factions around common principles of limited government and apply those principles consistently across social, economic and national security issues.

And it will need to convince us that this time it means it.

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