Category Archives: The Nanny State

I’m Going To Turn My Grandmother Into A Radical Libertarian

Okay, maybe not. But I sure have a great way to do so (and maybe to turn a few readers).

I’m in Chicago visiting family, sadly with little internet access (sitting outside Panera Bread Co in the car with my napping son in the back). Today we celebrate my grandmother’s 90th birthday. This is a woman who lived through the Great Depression, raised three sons during WWII, lived on the south side of Chicago up until a year or so ago after her sister died, and is generally one of the tougher old ladies I’ve ever known. My other grandmother spoiled me rotten when I grew up; Grandma Ann — as the father of three boys — didn’t let me get away with squat!

My grandmother doesn’t have a driver’s license. My grandfather was the only one who drove up until he passed about 15 years ago, and then she was still tough enough to walk or take transit pretty much wherever she needed to go (when she couldn’t get a ride from a neighbor).

So why am I throwing out all this backstory?

Because a few weeks ago, she got a ticket.

No, before you ask, she wasn’t joyriding out in my dad’s minivan. She was sitting in the passenger seat, with the audacity to ride without a seat belt.

Surely, you’d think that a cop would understand that a 90 year old woman was competent enough to make her own decisions. That at most, if he has to pull my dad over, that perhaps he could give her a warning. After all, it wasn’t illegal for most of her adult life. Maybe, you’d just think that a cop would have the common decency not to give a 90 year old woman a $75 dollar ticket for a completely victimless crime in the middle of the holiday season. In fact, my father tried to argue these points — and yet the ticket still came.

Most non-libertarians view the state as helpful and friendly, and believe that it only hassles the type of people who deserve it*. To those non-libertarians I ask one question: does your grandmother deserve it? Because mine sure as hell doesn’t.

So I might not have enough time to change my grandmother’s views. I’m only in town for another 25 hours or so, and she’s spent a lifetime building those views. But I am going to try to convince her not to pay the ticket, and not to go to court. If they want to come after a 90 year old woman, I’d like to think I know enough people in the greater libertosphere to rain down hell (in the form of letters, emails, and phone calls) on the local police force.
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Just because people make bad choices…

…Doesn’t mean they shouldn’t have any choice at all. The first freedom is the freedom to fail…

And when it comes to choosing our leaders in this country… whoooo boy have we failed big time, for a long time.

So fellow gunblogger Tam, being an Ovarian American, got a bit tweaked at a comment over at Travis Corcorans site (for those who don’t know, Travis is a somewhat radical libertarian… and for that matter so is Tam) t’other day:

“I think that female suffrage has been an unremitted disaster – all of the socialism that we’ve experienced in the US has happened since, and because women have been allowed to vote.”

Excluding snark, Tams comment boiled down to “correlation does not equal causation”; which normally I am one of the first to trumpet… but in this case there is a causative link… Or at least most major studies of voting demographics seem to show one.

The other part of her comment was that she (nor anyone) shouldn’t be denied the right to vote (which is not, in fact, a right; but a privilege as a member of society. It can be granted by society, taken away by society, and does not exist in any context without society, therefore is not a right.) because of the choices some might make.

And in that, I’m entirely with her.

But we really do need to look at why women, in the significant majority, vote for the nanny state; and on the larger scale in general, why people who vote for nannyism do so.

The three major events or major societal changes in 20th century that did more to advance the nanny government than all other events combined were:

1. World War 1
2. Womens suffrage
3. Massive expansion of university education

I note “directly” above, because indirectly the 16th and 17th amendments (income tax, and direct election of senators) may have had an even greater effect; and enabled and encouraged such nannyism… in fact the current nannystate would be impossible without them… but were not direct contributors to voting for nannyism.. In fact income taxes tend to push voting away from nannyism… at least for those who actually pay those taxes.

I’ve talked about point 1 before (along with about a hundred scholarly books, phd. dissertations etc…). By depriving most of Europe of a full generation of its healthiest, most aggressive, and most ambitious men; an environment was created that was dominated by the risk averse, and those who were hurting and suffering… and the entirety of Europe has never really recovered. Basically, the ’14-’18 war took the guts out of the continent, and they haven’t come back, (bar a minor resurgence for the second great war… and it sadly was a minor resurgence. Just look at England).

Everyone and their uncle has looked at point 3.

Point two though… it’s one of those third rail topics. You can’t talk about it publicly or you risk being eviscerated by… well by Tam for example, never mind the lefties.

So first things first. Point two is true, by all available statistics. Historically speaking, women vote for more nannyism at about 2/3 to 1/3.

HOWEVER, just because item two is true (and some rather exhaustive demographic studies have been done showing that it is) doesn’t mean women shouldn’t be allowed to vote.

American blacks and hispanics are more likely to vote for leftists idiocy too (over 80% to 20% for blacks, hispanics are highly variable), that doesn’t mean they should be barred from voting either.

The first freedom is the freedom to fail. That includes the freedom to make bad choices; even if those bad choices effect other members of society (this is where the anarchists, Spoonerists, and Rothbardites usually jump up and down and start yelling).

The thing is this: It’s not that women, blacks, or hispanics are inherently more socialist than white males; or are less capable of making good political judgments. It’s that they perceive (I think, in general, wrongly) that their interest is better served with leftist policies.

In general, over the long term, and free of interference or distortion; people will vote their perceived interests.

The “more vulnerable” of society (which up until recently included the majority of women, blacks, and hispanics) will almost always vote for more “safety” than more freedom; because as I said above, the first freedom is freedom to fail, and they have historically been more likely to suffer under the negative consequences of failure, and therefore perceive the risk/reward metric differently than white males have historically.

Also, both the most wealthy, and most educated members of society (who believe either that the negatives impacts of leftism wont effect them greatly; or that they can benefit more from the “system” if more government control is in place, at the expense of the slightly less educated risk taking capitalists that would otherwise dominate), and the poorest and least educated members of society (who generally believe that they will not be able to succeed to a greater degree than the government would provide largess), generally, vote for more protectionism, socialism, leftism etc…

This is true even in rural “white” “bible belt” America, where protectionism, unions, government works projects and the like are seen as good business economically; even while voting for socially conservative policies and politicians.

Also, this split is by no means stable. As I said, people will tend to vote their perceived interests. Men will vote left and women will vote right, if the positions floated match their perceived interest. Franklin D. Roosevelt was elected by landslide four times. Reagan was elected by landslide twice.

The problem then is not that women, minorities, and the poor vote left, or vote for socialism necessarily.

The problem is that they perceive (generally incorrectly) that their interests, and at least to some extent the interests of society, are better served by leftism.

So the task for us, is making the large majority of the people understand that leftism, even in the soft and limited forms of it like public works projects, job protection policies, tarrifs etc… is not in their interest, or the interest of society as a whole.

That’s a rather difficult task; because for someone who is naturally risk averse, capitalism (and specifically libertarian free market based capitalism) seems very risky… Heck, it IS very risky, that’s the point. You take risks, you fail, and you have the freedom to get back up and take more risks and succeed (or fail again).

Many people out there would happily vote for a “guaranteed” living, even if it was less than half what they could be making without a “guarantee”, and even if you could prove to them the “guarantee” was really false. It’s just the way they’re wired, and no amount of facts or logical arguments are going to convince them.

Many others are willing to accept a bit of risk, but they want a great big “safety net” underneath them for when they fall.

These people, even if they are shown it isn’t really true… they WANT it to be true bad enough, that they are willing to try and force that vision on the rest of us.

Those people (and by conventional estimate they make up about 40% of the population) are ALWAYS going to vote for the “safety and security” lie. They are going to vote for the nanny no matter what.

On the other hand, there are about 40% of the population who are always going to vote for the riskier path, that they can reap more reward from.

Even in Reagans 49 state landslide vs. Mondale, he only got 58.8% of the popular vote.

Nixon crushed Mcgovern 49 to 1 as well, and it was still a 60%/40% split.

Even in Roosevelts “New Deal” landslide against Hoover, he only got 57.4% of the popular vote (in ’36 against Alf Landon, 60.8%, the biggest landslide since the civil war. In ’40 against Wendell Wilkie, 54.7%. In ’44 against Thomas Dewey, 53.4%).

The 40% on either side is a pretty stable number; barring major events in society that temporarily distort it, like wars and disasters…. And even then, in the last 110 years, in every national election, the left has never had less than 35%, and neither has the right… And neither have had more than 60.8% either.

The fact is, some people will believe what they want to believe, or what they’re afraid to believe, over the truth; no matter how clear the truth is made to them.

It’s the remaining 20% that we need to get to, and teach them that it is ALWAYS a lie.

In a society where the government does not artificially force the private economy into failure, the government cannot possibly do better for you than you can do for yourself. Giving the government more power, and more control, is NEVER in your best interest, or in the interest of society.

Saying that “womens suffrage caused socialism” (which isn’t what Travis said exactly, but it’s certainly what a lot of people would hear from what he said) isn’t exactly helpful in that.

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

On promises made and broken

In the lead up to the vote on H.R. 3962, the “Affordable Health Care for America” Act (scare quotes intentional), Barack Obama offered this encouragement to legislators to vote for the bill:

“This is their moment, this is our moment, to live up to the trust that the American people have placed in us,” Obama told reporters in the White House rose garden. “Even when it’s hard, especially when it’s hard, this is our moment to deliver.”

Two-hundred and fifteen did live up to the trust we placed in them, while two-hundred and twenty failed to do the same. How exactly is that trust defined? In the oath of office taken by each and every United States Representative:

“I, (name of Member), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign or domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.”

Each and every Representative took a solemn oath to “bear true faith and allegiance” to the Constitution. Each and every Representative who affirmed the House health care bill, with its threats of fines and prison for not buying “government-approved” health insurance, has forsaken that oath. The mandates contained in the Pelosi bill are a kludge, a poor attempt to graft a clearly unconstitutional power such as this on to the enumerated powers of the commerce clause and taxation.

To attempt such a thing, one cannot bear true faith and allegiance to the Constitution. At best, those who attempted this hold the Constitution in the same regard that the 17-year-old script kiddie in his parents’ basement has for security measures–both are interesting challenges that require interesting solutions. At worst, they hold the Constitution in contempt and are actively working to debase the very core of the social contract between the government and the people.

In either case, it is now our turn as patriots to remind our Representatives that while they do not hold themselves to their oaths and promises, we do. In a little less than a year from now, voting booths across this great land will open again, and one of 435 representatives will be seeking your affirmation. If your representative has forsaken his or her oath to the Constitution, withhold it. It’s not about party affiliations or common views, it’s about holding legislators accountable for the promises they make to us.

Do your duty as a patriot. Refuse to support legislators who vote to abuse the Constitution or the People of the United States.

The House values Control over Health Care

So it is done: 220-215. Two-hundred and twenty United States Representatives put their support behind 20 pounds and 2,000 pages of abusive legislation in the form of innumerable mandates enforced by 110 new government agencies.

One of those mandates, though, cuts so violently to the core of our freedoms that it cannot go unanswered: Buy insurance or face the wrath of the IRS. From Representative Dave Camp:

Today, Ranking Member of the House Ways and Means Committee Dave Camp (R-MI) released a letter from the non-partisan Joint Committee on Taxation (JCT) confirming that the failure to comply with the individual mandate to buy health insurance contained in the Pelosi health care bill (H.R. 3962, as amended) could land people in jail. The JCT letter makes clear that Americans who do not maintain “acceptable health insurance coverage” and who choose not to pay the bill’s new individual mandate tax (generally 2.5% of income), are subject to numerous civil and criminal penalties, including criminal fines of up to $250,000 and imprisonment of up to five years.

Imagine being faced with the loss of a job. That is a rough event for anyone to go through. Now, under the Pelosi/Obama plan, you have the following choice: Buy insurance you likely can’t afford with far less income coming in, pay 2.5% of the income you do have coming in to the government for *nothing*, or go to jail.

That choice has no place in a bill about reforming our broken health care system. That choice is about criminalizing people for not behaving as the self-styled ruling class wishes them to. When it comes to undocumented immigrants, Democrats love to say that “no one is illegal”. When it comes to economic diversity, they tell us that those who will not be controlled are illegal.

The media says this is a bill about health care. So do the Democrats. They lie. This is a bill about control. The bill’s proponents want to control you. Whether or not you actually get health care is irrelevant.

Update: Coyote Blog links to a WSJ article detailing some of the high (low?) points of the legislation. Here’s what you must do under the Pelosi/Obama plan:

• Sec. 202 (p. 91-92) of the bill requires you to enroll in a “qualified plan.” If you get your insurance at work, your employer will have a “grace period” to switch you to a “qualified plan,” meaning a plan designed by the Secretary of Health and Human Services. If you buy your own insurance, there’s no grace period. You’ll have to enroll in a qualified plan as soon as any term in your contract changes, such as the co-pay, deductible or benefit.

• Sec. 224 (p. 118) provides that 18 months after the bill becomes law, the Secretary of Health and Human Services will decide what a “qualified plan” covers and how much you’ll be legally required to pay for it. That’s like a banker telling you to sign the loan agreement now, then filling in the interest rate and repayment terms 18 months later.

On Nov. 2, the Congressional Budget Office estimated what the plans will likely cost. An individual earning $44,000 before taxes who purchases his own insurance will have to pay a $5,300 premium and an estimated $2,000 in out-of-pocket expenses, for a total of $7,300 a year, which is 17% of his pre-tax income. A family earning $102,100 a year before taxes will have to pay a $15,000 premium plus an estimated $5,300 out-of-pocket, for a $20,300 total, or 20% of its pre-tax income. Individuals and families earning less than these amounts will be eligible for subsidies paid directly to their insurer.

• Sec. 303 (pp. 167-168) makes it clear that, although the “qualified plan” is not yet designed, it will be of the “one size fits all” variety. The bill claims to offer choice—basic, enhanced and premium levels—but the benefits are the same. Only the co-pays and deductibles differ. You will have to enroll in the same plan, whether the government is paying for it or you and your employer are footing the bill.

• Sec. 59b (pp. 297-299) says that when you file your taxes, you must include proof that you are in a qualified plan. If not, you will be fined thousands of dollars. Illegal immigrants are exempt from this requirement.

• Sec. 412 (p. 272) says that employers must provide a “qualified plan” for their employees and pay 72.5% of the cost, and a smaller share of family coverage, or incur an 8% payroll tax. Small businesses, with payrolls from $500,000 to $750,000, are fined less.

Think that’s bad? Go read the rest of it.

Update: Here’s a link to the roll call vote so you can see if your Representative is one of the 220 who wants to control you.

The Cult Of The Imperial Presidency

whitehouse

Over the past 30 years, America has seen Presidential scandals ranging from Watergate to Iran-Contra to Travel-gate, Whitewater, the Lewinsky scandal, and the Valerie Plame affair. We’ve learned the truth about some of the truly nefarious actions undertaken by some of most beloved Presidents of the 20th Century, including the iconic FDR, JFK, and LBJ. And, yet, despite all of that, Americans still have a reverential view of the President of the United States that borders on the way Englishmen feel about the Queen or Catholic’s feel about the Pope.

How did that happen and what does it mean for America ?

Gene Healy does an excellent job of answering those question in The Cult of the Presidency: America’s Dangerous Devotion to Executive Power, making it a book that anyone concerned with the direction of the American Republic should read.

As Healy points out, the Presidency that we know today bears almost no resemblance to the institution that the Founding Fathers created when they drafted Article II of the Constitution. In fact, to them, the President’s main job could be summed up in ten words set forth in Section 3 of Article II:

he shall take Care that the Laws be faithfully executed,

The President’s other powers consisted of reporting the state of the union to Congress (a far less formal occasion than what we’re used to every January), receiving Ambassadors, and acting as Commander in Chief should Congress declare war. That’s it.

For roughly the first 100 years of the Republic, Healy notes, President’s kept to the limited role that the Constitution gave them. There were exceptions, of course; most notably Abraham Lincoln during the Civil War but also such Presidents as James Polk who clearly manipulated the United States into an unnecessary war with Mexico simply to satisfy his ambitions for territorial expansion. For the most part, though, America’s 19th Century Presidents held to the limited role that is set forth in Article II, which is probably why they aren’t remembered very well by history.

As Healy notes, it wasn’t until the early 20th Century and the dawn of the Progressive Era that the idea of the President as something beyond what the Constitution said he was took forth. Healy documents quite nicely the ways in which Presidents from Theodore Roosevelt to Woodrow Wilson to FDR went far beyond anything resembling Constitutional boundaries to achieve their goals, and how they were aided and abetted in that effort by a compliant Supreme Court and a Congress that lacked the courage to stand up for it’s own Constitutional prerogatives. Then with the Cold War and the rise of National Security State, the powers of the Presidency became even more enhanced.

One of the best parts of the book, though, is when Healy attacks head-on the “unitary Executive” theory of Presidential power that was advanced by former DOJ official John Yoo in the wake of the September 11th attacks and the War on Terror. As Healy shows, there is no support for Yoo’s argument that the Founders intended for the President to have powers akin to, or even greater than, those of the British Monarch that they had just spent seven years fighting a war to liberate themselves from. The dangers of Yoo’s theories to American liberty and the separation of powers cannot be understated.

If the book has one weakness, it’s in the final chapter where Healy addresses only in passing reforms that could be implemented to restrain the Cult Of the Presidency. I don’t blame Healy for only giving this part of the book passing attention, though, because what this book really shows us is that no matter of written law can stop power from being aggregated in a single person if that’s what the people want and, to a large extent, we’ve gotten the Presidency we deserve.

Healy’s closing paragraph bears reproducing:

“Perhaps, with wisdom born of experience, we can come once again to value a government that promises less, but delivers far more of what it promises. Perhaps we can learn to look elsewhere for heroes. But if we must look to the Presidency for heroism, we ought to learn once again to appreciate a quieter sort of valor. True political heroism rarely pounds its chest or pounds the pulpit, preaching rainbows and uplift, and promising to redeem the world through military force. A truly heroic president is one who appreciates the virtues of restraint — who is bold enough to act when action is necessary yet wise enough, humble enough to refuse powers he ought not have. That is the sort of presidency we need, now more than ever.

And we won’t get that kind of presidency until we demand it.”

And, if we don’t demand it we will find ourselves living in a country where the only difference between President and King is merely the title.

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