Category Archives: Strategies For Advancing Liberty

Why Is Rand Paul’s Campaign Failing And What Can Libertarians Learn From It?

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Many people were expecting Rand Paul to be a serious contender for the Republican nomination. However, as of writing Paul averages at just 2.3% support according to Real Clear Politics. What the hell happened? Why is the “most interesting man in politics” struggling so badly?

A couple of (pre?) autopsy pieces came out today that try to explains it. First up is Jerry Taylor, the head of the newly launched Niskanen Center, who had a piece on FoxNews.com. He argues that the reason why Paul failed is because there never was a libertarian moment in the first place.

According to an August survey by the independent polling firm Eschelon Insights, far and away the most popular candidate nationwide among libertarian-inclined Republicans is Donald Trump, the least libertarian candidate in the race.

Libertarians who can’t stomach Trump scattered their support without any ideological rhyme or reason (11 percent for Marco Rubio and Jeb Bush, 9 percent for Ted Cruz and John Kasich, 8 percent for Carly Fiorina, 7 percent for Paul).

The secret of Trump’s appeal to Paul’s base is that a large segment of the “Ron Paul Revolution” leavened its libertarianism with a pony keg of crazy. Birthers, 9/11 Truthers, a wide assortment of conspiracy theorists (many of whom believe the Federal Reserve to be a modern manifestation of the Illuminati), and naked racists rivaled the number of reasonably sober libertarian-ish voters among the faithful.

Very little I can disagree with here. Way back in 2007, we were making the point that many people in the Ron Paul rEVOLution were part of the wacko fringe. Taylor’s description of many (but not all) Ron Paul supporters is dead on. You have nutcases in every political movement, but the rEVOLution seemed to attract more of them than usual. Rand to his credit has refused to pander to these people, for the most part. It would also be dishonest to say Ron Paul himself agreed with these fringe nutters, but he hasn’t been as hostile to them as Rand.

The only thing I would point out is the libertarian(ish) vote comes in many different variations. If Libertarians (capitalized intentionally) don’t agree on everything, why should we expect libertarian-leaning Republicans?

Taylor goes on to make a few points that I have to disagree with, at least partially.

Sure, one can argue that Paul has run a sub-par campaign and that a more adroit effort would have produced better results. But given the above, it is hard to argue, as some do, that Paul would have done better had he run as more of a libertarian.

 

 

If real libertarian votes were there for the taking, someone would have come along and done the harvesting.

 

 

If there was truly a $20 (electoral) bill lying on the sidewalk, it’s hard to believe that none of the other 14 starving candidates would bother to pick it up.

Let me start with where I agree with Taylor. I do believe that the “libertarian vote” has been overstated. Only 7% of the American electorate is libertarian according to the Public Religion Institute poll Taylor cited. If the libertarian vote was a major factor in American politics, the Libertarian Party would be a major party.

However, another 15% of American voters lean libertarian. For example, the author is a “libertarian leaner” but not a full blown libertarian. Also, 12% of the Republican party’s voters are libertarian. The problem is that they may not be doctrinaire libertarians. Those generally join the Libertarian Party and we see how well it performs. The libertarian(ish) votes are there, Paul failed to grab them.

Which brings me to the second piece of this series, one by Chris Cillizza of the Washington Post. He lays out four reasons why Paul failed.

  • The libertarian strain in the GOP peaked in 2014.
  • Paul’s move to court the establishment cost him among libertarians.
  • Paul has been a very weak fundraiser.
  • Rand hasn’t been a good candidate.

I would add a fifth reason which is an extremely poor campaign that seemed to lack a basic, consistent strategy. First they were going to fight nationwide. Then, New Hampshire became must win. The new strategy is to get some wins in other caucus states. Problem is, the first ones don’t vote until March 1. Ask President Rudy Guiliani how waiting until after the early states vote to get your first victory works out.

Two of the four reasons Cillizza pointed out would’ve been mitigated by Paul being a better candidate. Paul would’ve been better able to sell a more non-interventionist foreign policy and been able to raise the money if he was a better candidate. Taylor’s article points out a large reason why Paul lost his dad’s base. However, if Paul was a better communicator, he could’ve better reconciled his more pragmatic viewpoints with hardcore libertarianism. Instead, he got the reputation that he’s a flip-flopper. Finally, Paul just didn’t communicate to voters on things they were interested in.

Does this mean that libertarians should give up on politics? Nope. Instead of libertarians should realize that the market for hardcore libertarianism is very limited. Most people are not inclined to support laissez faire economics, believe America should have a foreign presence, and are willing to accept state controls of some behavior. That’s fine.

Instead, libertarians should focus on coalition building and advancing libertarian policies pragmatically. That involves showing a willingness to compromise. Finally, it may involve grabbing the “low-hanging fruit” of policy instead of big ticket items such as the ending the Federal Reserve which appeal to libertarians, but have very little interest to the average citizen.

Now of course Rand Paul may turn things around and make the most improbable of comebacks. However, if he doesn’t this will provide many valuable lessons to be learned. Will libertarians learn them?

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.

Former Liberty Papers Contributor Authors Report on “Over-criminalization Epidemic” for Freedomworks

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Former Liberty Papers contributor Jason Pye may have long ago moved on from this humble blog but he certainly hasn’t moved on from doing his part to educate the general public on matters of liberty and justice. Pye’s latest work for Freedomworks is something I have a great deal of interest in and concern about: over-criminalization.

What can be done about the idea that the average person commits (usually unwittingly) three felonies a day? Pye offers some great ideas; mine are probably too radical. My radical proposal being

1. Congress should repeal the entire criminal code and restore the Crimes Act of 1790.

2. Crimes that are already on the books in a given state should have jurisdiction instead of similar federal crimes (i.e. murder is already a crime in all 50 states and all the territories, therefore; the federal government should not charge anyone for murder as the state or territory would use its police power to bring charges).

This would go a long way towards solving the problem of over-criminalization.

That said, Pye’s recommendations are probably more politically feasible and should be a great starting point.

The Over-criminalization Epidemic: The Need for a Guilty Mind Requirement in Federal Criminal Law

Related Posts:
Do We Really Want the President to Enforce ALL Federal Laws?
Quote of the Day: Jason Pye on the Smarter Sentencing Act

How Donald Trump Has Destroyed The Republican Party

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The Republican Party is dead in its current form. The coalition of classical liberals, country club business types; and since Reagan religious conservatives, neocons, and populists, has been irrevocably broken. The man who gave it its final coup de grace is a toupeed billionaire blowhard named Donald Trump.

Trump has run a campaign that more resembles the National Front of France than anything else that has been in American politics for decades. Ben Domenech at The Federalist says that Trump could transform the GOP into a party based on identity politics for white guys. He’s right and it’s terrible for the country.

Over the next few months, even if Trump fails to win the Republican nomination, three parts of the old Republican party coalition: classical liberals (whether they self-identify as conservative, Constitutionalist, or libertarian), religious conservatives, and the country clubbers; will have to decide if they can be a part of a Trump-influenced party. Trump’s xenophobic populism is anti-free market and anti-Christian.

Let’s first examine how we got here. Since the Cold War ended, the Republican coalition lost a sense of purpose. It briefly got it back in the 1990s with the Contract With America, but the election of George W. Bush in 2000 knocked the party off track. The party that believed in limited government spent more than LBJ. The party that was once skeptical of foreign interventions launched a war of choice in Iraq. The party that claimed federalism as a principle expanded the role of Washington in everything from education to gay marriage. With the failures of the Iraq War and an economic crash on the minds of Amerians, Democrats were able to easily take control of the entire Federal government.

In the Obama era, we’ve seen even more Federal government intrusions in everything from the food we eat to religious freedom. The Tea Party was inspired as a backlash against the intrusive Federal government of both the Obama and Bush eras. Meanwhile, some Republicans saw it as an opportunity to rebrand from the disasterous Bush era. Still much of the opposition to Obama took on an ugly racial overtone that was a prelude to the current culture war.

Which brings us to the end of the prequel of this terrible tale. The country has erupted in a cultural cold war. The left, which is now fully embracing cultural Marxism, is pushing the politics of racial and cultural grievance. They’re not only content to defeat what they see is white, conservative privilege but they also want to shoot the wounded survivors of the battle. We see this with Christian wedding businesses who refuse to service gay weddings for example. Much of the reason why people support Trump is because they want to take part in a backlash against the uber-PC, cultural Marxist crowd. They see a Republican Party and conservative movement that is not defending their freedom and not fufulling their campaign promises. They’re angry and they’re going to Trump because “he fights.”

But when you delve into the substance of Trumpism, it’s fascism. Classical liberals will not go along with it. Religious conservatives are more interesting. There is definitely an age divide. Older religious conservatives may go along with Trump, but I have a hard time believing younger ones will. Polls show that younger evangelical Christians are more politically tolerant, even if they’re still socially conservative. As the Southern Baptist Convention’s Russell Moore points out, there’s not a lot of evangelical support for Trump. Finally, I have a hard time believing my neocon and country club friends will buy into a man who wants to retreat America from the world.

What could this anti-Trump coalition look like? An anti-statist movement that rejects nationalism, but still believes in a strong America playing a leading role in the world. History shows that a liberal democratic society can only exist if it is protected by a great power. It will be unapologetially for free markets, anti-crony capitalist, and a realistic approach on immigration. It will be federalist in nature returning as much power as possible from Washington D.C. and to states, communities, and individuals.

Whether this anti-Trump coalition will be a new political party or built upon the ruins of the Republican Party is yet to be determined. Who could be attracted to it are classical liberals, non-statist religious conservatives, some neocons who can see limits on American power but still want America to play an active role in the world, and many others who were previously not a part of the Republican Party such as independents, moderates, and perhaps some of the old left.

I think that Trump will kill the Republican Party as we know it, but in its place could be something that could be bad for American politics or it could be the birth of a new classical liberal movement. Only time will tell which one will it be.

 

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.

John Oliver Takes on Mandatory Minimum Sentences

For those of you who don’t have HBO and are unfamiliar with Last Week Tonight With John Oliver (very much in the same vein as The Daily Show only uncensored) the segment below is a must watch. While John Oliver is certainly of the Left, he definitely has a libertarian streak on social and criminal justice issues. In this segment, Oliver takes on the travesty known as mandatory minimum sentences (i.e. zero tolerance policies with even more severe consequences).

Sorry To Disappoint, But Getting Government Out Of Marriage Is A Fantasy

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In the wake of the Supreme Court’s decision making gay marriage legal in all 50 states, the rally cry of many libertarians and conservatives is to get government out of marriage. Presidential candidate and Kentucky Senator Rand Paul wrote an op-ed suggesting just that. While that’s a tempting proposition, it’s probably not possible without a major overhaul of everything from government benefits to nearly the entire civil and family legal code.

Let’s start on the Federal level. The Christian Science Monitor had an article that describes all the various benefits and rights that are granted as a result of marital status.

The sheer volume of benefits offered to married Americans may make it difficult for the United States to disentangle itself from the “marriage business.” In the US, there are 1,138 benefits, rights and protections granted under legal marital status, based on federal law, according to the Human Rights Campaign. Benefits of marriage extend to areas of Social Security, tax law, immigration, employee benefits for federal workers, and health coverage to name a few.

Unless we repeal or modify every single one of these programs and rights, simply eliminating marriage will create new legal nightmares.

Jason Kuznicki of the Cato Institute found that while decoupling the Federal tax code from marriage is a good idea, there are many aspects of marriage related law that serve a valuable function in a free society. Among those are:

  • Ability to sponsor spouses for immigration visas.
  • The presumption of legitimacy that make child custody matters much easier for married couples.

When you look at the state and local level, the argument for “getting government out of marriage” falls apart even more. Here are just some of the other benefits and rights that marriage provides:

  • Spousal immunity from giving testimony against each other.
  • Enrollment on a spouse’s insurance plan and other benefits.
  • Automatic right of visitation in a hospital or the right to make medical decisions as next of kin.
  • Can be held responsible for spouse’s debt.
  • Right of automatic inheritance if spouse dies.
  • The right to file joint petitions for adoption.

To get “government out of marriage” is a fantasy because it takes away an efficient way to handle civil and family matters. However, there is an alternative that libertarians and conservatives can support, which is a separation of civil and religious marriage. All references to “marriage” in the law can and should be replaced with “civil marriage.”

For legal purposes, only a civil marriage is required to access the spousal benefits and rights. That is granted by a marriage license issued by state governments and all that is simply signing a piece of paper and having it signed off on. All the state is doing is recording the marriage. It is not passing judgment on the wisdom of the ceremony. If they want an actual ceremony, they can pay more money for one.

A religious marriage is simply what it sounds like, a marriage performed by a minister or clergy and not merely signed off on by a bureaucrat. Those could be done by combining the religious ceremony and the minister signs off on it, just as done today or it can be done outside the religious ceremony.

Since it is impossible to “get government out of marriage”, libertarians and conservatives should concentrate on separating civil marriage from religious marriage.

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.
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