Category Archives: Strategies For Advancing Liberty

How Rand Paul’s Campaign Is Already Succeeding

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Even if Rand Paul is not elected president, he has already performed the country a great service. No, I’m not talking about the pending expiration of Section 215 of the Patriot Act. It will likely be a temporary victory at best. What Rand Paul is accomplishing is that he’s exposing some of the contradictions of the Republican Party’s establishment wing.

Establishment Republicans are the ones who like to talk about reaching out to new voters. They point out, correctly, that Republicans cannot win if they stay the party of old, white guys.

What Paul is doing is exposing the same GOP establishsment types who support every shift to the left and support every big government program in the name of “moving to the center” as frauds and liars. All Paul is simply doing is letting them go hysterical.

Take for example former New Hampshire Governor and Chief of Staff to George H.W. Bush John Sununu comments:

Once the primary is over, Sununu said it’s “stupid” for Republican voters to not back whomever wins the primary, with one exception, Sen. Rand Paul (R-KY).

 

 

Sununu said while he is tired of “stupid conservatives giving Democrats the election,” After Paul’s comments blaming Republican hawks for creating ISIS this week he now believes Paul’s national security positions are too extreme “isolationist,” and “to the left of Barack Obama.”

He added, “Frankly, I can not imagine Sen. Rand Paul (R-KY) as commander in chief.”

Here’s Fox News’s Brit Hume:

Bill Kristol also joined the parade last week calling Rand Paul a “liberal Democrat.” Kristol actually knows a thing or two about siding with liberal Democrats.

If Rand Paul accomplishes nothing else this campaign cycle, he exposed the self-described “big tent” Republicans as nothing more than a bunch of hypocrites. Most of these same guys are the ones who criticize conservatives who support primaring more moderate Republicans.

But when a Republican pushes back against issues the “big tent” crowd are passionate about, they must be driven out of the party. This is despite the fact that the American people want reforms to the Patriot Act to protect privacy and oppose giving arms to “moderate Syrian rebels.” If you’re going to take a stand and die on a hill, take a stand on issues that have popular support.

Rand Paul’s presidential campaign may yet crash and burn, but he has destroyed the credibility of “big tent” establishment Republicans.

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.

Misunderstanding Law, Government, and Society

GovernmentIsForceMost people… At least most people in modern western democracies… Seem to have a fundamental and unconscious assumption about the nature of law and government, that goes something like this:

 

 

 

Law and government, are or should be, the expression of the will of the majority, for the purpose of making collective decisions, taking collective actions, fixing problems and righting wrongs.

If I gave that definition to most people as what government “should” be, or even what it is, I’d guess they would agree.

But that’s not what law and government are at all. In fact, that notion of the nature of law and government, is not only wrong, it is extremely harmful.

What are law and government?

Government, is the instrument of collective delegation of the legitimate initiation and use of force against others.

Law, is the body of rules by which that force is administered and applied.

The only legitimate purpose for which, is to secure and protect the rights of individuals governed by them.

So, what’s the other thing, and why is this a problem?

The other definition, is more properly that of society (as distinct from culture).

Government is NOT Society, and Society, is NOT Government

This conflation of government, and society, is a very serious social and political problem because those who hold it… and I firmly believe it’s a large majority… believe that law and government, should be used for “doing what’s good, and stopping what’s bad”.

They naturally wish to see government do what they think is right, or best, and stop that which they think is wrong, harmful, or wasteful… And not just in areas where force should be applied.

They conflate “legal” with “good” and “illegal” with “bad”, and try to make laws against things which they think are bad, or mandating things which they think are good.

They often even conflate “legal” or “attempting to make legal” with “approving and supporting”, and “dissapproving and opposing” with “illegal” or “attempting to make illegal”.

This is incredibly harmful

We have allowed… even encouraged people… to deeply hold the fundamental notion, that they get to vote on other peoples opinions, choices, and behavior; and if their “side” wins the vote, that it is legitimate to make those things legal or illegal.

It also means that these people automatically and reflexively try to solve personal, moral, social, or societal problems, with government and law, when it is entirely inappropriate, even harmful, to attempt to do so. Most of those problems cannot be solved by the use of force;, or at best can only be solved inefficiently, ineffectively, and while violating the rights of others.

In encouraging this misapprehension, we have in fact made the personal, the political, and the political, the personal.

How do we stop the harm?

We must correct this critical error in peoples fundamental apprehension of law and government.

People need to understand, at the most fundamental level, that government is force, and that law is how that force is directed and administered. No more, no less.

If we don’t correct this misapprehension, then we will continue to simply seesaw back and forth between majoritarian tyrannies, as social changes dictate.

Rights will continue to be violated and abrogated as the opinions of society fluctuate.

The favored, will continue to be privileged over the disfavored at the expense of the disfavored’s rights, until the pendulum swings again and the roles are reversed.

Yes, I realize, that is largely how it has always been… But never has law and government had such a depth and breath, had so great a reach into our personal lives, as it does today, and this unfortunately shows no sign of receding.

The absurdity of this reach… and overreach… is finally becoming apparent to many people, on all ideological “sides”; be it the “war on drugs”, the “war on terror”, privacy and surveillance, or gay marriage and wedding cakes.

So, we have to take action, now

Use this growing awareness of the overreach, to help people understand.

We have to show people these aren’t just outlying excesses. That they result from the way we think of, look at, and attempt to use, government.

We have to get people to understand, that if they can say “there ought to be a law”, and then get a law made banning something that they don’t like; then their worst enemy, can get a law made banning something they love.

We have to return to the notion that fundamental rights matter, and that the only legitimate purpose of law, and government, is to protect those fundamental rights.

Everything else?

That’s up to individuals, and to society as a whole, NOT GOVERNMENT.

Voluntary collective action. If it’s really what people want, then they’ll work for it, without the threat of force. If it’s not really what they want, then we shouldn’t be forcing people to do it.

I am a cynically romantic optimistic pessimist. I am neither liberal, nor conservative. I am a (somewhat disgruntled) muscular minarchist… something like a constructive anarchist.

Basically what that means, is that I believe, all things being equal, responsible adults should be able to do whatever the hell they want to do, so long as nobody’s getting hurt, who isn’t paying extra

Quote of the Day: Jason Pye on the Smarter Sentencing Act

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Jason Pye, former contributor to The Liberty Papers and current Director of Justice Reform at FreedomWorks posted an article yesterday for Rare Liberty about some promising political developments in the area of criminal justice reform. Perhaps one of the most promising of these developments at the federal level is a bill being considered is S.502 – The Smarter Sentencing Act.

Jason explains why he believes this reform is a step in the right direction:

With federal prison spending booming, an unlikely bipartisan alliance has emerged to bring many of these successful state-level reforms to the federal justice system. Sens. Mike Lee (R-Utah), Ted Cruz (R-Texas), and Rand Paul (R-Ky.) have joined with Dick Durbin (D-Ill.), Cory Booker (D-N.J.), and Sheldon Whitehouse (D-R.I.) to reform federal mandatory minimums – a one-size-fits-all, congressionally mandated approach to sentencing.

[…]

The Smarter Sentencing Act would expand the federal “safety valve” – an exception to federal mandatory minimum sentences for low-level nonviolent offenders with little or no criminal history – and cuts in half mandatory minimum sentences for nonviolent offenders. This more rational approach to sentencing will reduce costs on already overburdened taxpayers. The nonpartisan Congressional Budget Office estimated a net $3 billion cost-savings over a decade. The Justice Department believes the bill will save an eye-popping $24 billion over 20 years.

The benefits of the Smarter Sentencing Act may not end with the fiscal savings. It could also reverse the damage done by federal mandatory minimum sentences in certain communities, which, as Lee recently explained, “have paid a high cost for the stiff sentences that mandatory minimums require.”

Instead Of Giving Gay Marriage Opponents Special Rights, Get Rid Of All Anti-Discrimination Laws

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The Alabama House passed a bill on Thursday that allows judges to refuse to perform gay marriages. It passed after a four-hour debate by a vote of 69-25. More “religious protection” bills are on the way according to groups pushing this legislation.

The bill was passed to ease fears that judges and ministers would be forced to perform gay marriages if court rulings legalizing gay marriage in Alabama were upheld by the U.S. Supreme Court. This bill to be blunt is a travesty, would open the door to lawlessness by Alabama’s judges, and should be vetoed.

The first problem with this bill is that it tries to link judges performing gay marriage ceremonies with other travesties on this issue, such as requiring bakers to bake cakes for gay wedding ceremonies. There is a major moral difference between a private company refusing to offer a service and government official refusing to perform their legal duty. Judges are bound by law to serve all of their constituents and perform certain duties as described, despite their own personal feelings on the matter. One of those duties is solemnizing marriages. A judge cannot refuse to perform an interracial marriage because they personally disapprove it.

On the other hand, fining or legally punishing a private individual because they refuse to perform services for a gay wedding is immoral. In this age of Yelp and social media where customers can easily leave reviews of businesses, we need to ask ourselves if anti-discrimination laws covering the private sector are obsolete. If a business is discriminating based on gender, sexual orientation, race, or religion; it’s more easy for customers to identify those offending businesses and for people to vote accordingly with their pocketbooks. There is no need for the state to get involved and punish businesses with fines and other punishments.

If a judge cannot perform a gay marriage ceremony because they disagree with it, they should not be a judge. This is like refusing to sentence someone to jail because they object to a law. Judges do not have that discretion in criminal law and should not have that kind of discretion in marriage law.

As for ministers being forced to perform gay marriages, that’s a red herring. The First Amendment already protects the rights of ministers to refuse to perform gay marriages. The decision of churches to solemnize marriages to whom ever they want, as long as they can legally consent, is a protected religious practice. This legislation to protect them is not necessary.

The best way to solve is to divorce government from the act of solemnizing marriage. Make the only legal paperwork that has to be signed off is the marriage contract itself. Whenever a county or parish official files or signs off on a contract, they’re not passing judgment on the issue. All they’re doing is just filing legal paperwork so it can be enforced in courts. We should also look into ways into getting government out of marriage for tax purposes and other services.

All of these “religious protection bills” miss the big picture. Why should private businesses have the right to discriminate against potential customers based upon their religious beliefs and not have the right to discriminate based on other factors? Here’s another way to put it, why should gay marriage opponents have special rights?

Instead of writing “religious protection bills” to protect business owners from being bankrupted and driven out of business by government agencies for deciding who they want to serve, legislatures should consider a different approach. Every legislature should pass a bill or better yet an amendment to their state’s constitution stating this:

The right of any private business to deny service for any reason, except for emergency medical services and emergency lodging in a licensed hotel, shall not be infringed by any law.

 

 

Anti-discrimination laws, in this era of social media, are relics of the past. It’s time to make these laws history and let the marketplace punish discrimination. I don’t know about you, but I prefer to trust ordinary people than the government.

 

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.

Why Are Young Libertarians More Interested In Utopia Than School Choice?

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Editor’s Note: This is a guest post from Veronica Peterson whom I met at a recent Franklin Center conference. She was formerly with California Watchdog.org.

As an advocate for libertarian philosophy I have found the common conception of “libertarianism” seems to be one of mixed ideas and an internal clash of anarchism vs. state-ism.

It seems among ourselves, the only thing libertarians can agree on is that individuals have rights—from there war breaks out between the utopias of everyone involved in a discussion (but don’t worry, the sacred NAP keeps the peace—or fosters more war). These discussions usually hit a brick wall when everyone concerned realizes that nobody is willing to accept someone else’s utopia, and someone calls someone else a “statist” or depending upon their feelings about the NAP, a “filthy statist.”

Libertarians like to discuss all sorts of important political topics like immigration, economics, the environment, and intellectual property. Each libertarian creates a utopia, centered in the concept of individual rights, and explains how their perfected version of the State can accommodate these rights (or not).

But for a group of people who are so passionate about the rights of individuals, it surprises me there aren’t more—and more fruitful—discussions of school choice.

It seems libertarians would be interested in the rights of the parents and government authority, but the topic of school choice is embedded with slightly less obvious rights, as well as our government supporting autonomy. Then we are faced with the reality that while we seem to believe in supporting liberties and markets, the government is facilitating actual liberty for families and children where it was not otherwise achievable.

Young libertarians should be up in arms over these ideas. Young libertarians have the opportunity to create and enact a libertarian ideal in the real world—that will help their own children—if they begin now.

Last month the Franklin Center held their #AmplifyChoice event in the Washington DC, area to raise awareness of National School Choice Week. The event included campus tours, meeting with teachers, families, and students, lectures about the logistics of charter schools and education, as well as opportunities to ask one on one questions with experts in education, politics, and operators of private and charter schools.

In contrast to many areas of the country, families in the Washington DC area have many educational options for their children. The DC area offers traditional public schools or a diverse choice of public charter schools and private schools.

Now here is one of the twists: the DC area offers the Opportunity Scholarship, which awards qualifying students scholarships to attend private schools. This scholarship is federally funded and is only available to the DC area. There are about 50 private schools accept students using this scholarship for their tuition.

This scholarship helps break down economic barriers and overall families more educational options—but it is federally funded…

Ok, so, government funding isn’t uncommon for schools. Traditional public schools are the standard in the governmentally funded education. These are where you end up if there are no other options—children are entitled an education, and what the government provides them is what they get.

What’s interesting is the most common alternative (besides home schooling) is public charter schools that are regulated differently state to state. DC has created a system that leaves charter schools funded through the government while leaving them autonomous. This autonomy is possible because of the District of Columbia Public Charter School Board (PCSB), which authorizes and oversees the public charter schools that are run by independent nonprofits. Charter schools have the freedom to use the teaching methods that the individual nonprofits choose, in contrast to whatever the government wants to teach your kids. Focusing on quality education, PCSB bases a tiered rating system of charter schools on student progress, parent satisfaction, and student achievement.

Why is this not a thing everywhere?

The liberty movement is the prime group to advocate for educational freedoms and the autonomy of families. Why are we arguing over who is a “real libertarian,” and instead be arguing over what schooling options are legitimate and why?

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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