Tag Archives: libertarian

by

Workplace Freedom and Right-to-Work Laws – Article by Edward W. Younkins

No comments yet

Categories: Politics, Tags: , , , , , , , , , , , , , , , , , , , , , , , ,

The New Renaissance Hat
Edward W. Younkins
December 14, 2012
Recommend this page.
******************************

On Tuesday December 11, 2012 Michigan, the birthplace of the nation’s organized labor movement, became the country’s 24th right-to-work state. This short excerpt from pages 81-83 of my 2002 book, Capitalism and Commerce, explains the propriety of right-to-work laws.

Before the Norris-La Guardia and National Labor Relations Acts (NLRA) in the 1930s, the employment relationship consisted of voluntary exchange contracts between employers and employees. A return to the common law of contracts, property rights, and tort would permit each person to decide if he wanted to contract with or join any union for representation services. Under such an arrangement there would be competitors among labor organizations and the possibility of having workers represented by a variety of unions and other workers having no representatives. Instead, they would bargain for themselves as individuals.

Before these acts, an employer had the common-law right to fight the unionization of his company. The employer could enter into “yellow dog contracts” with the employees in which the two parties would agree not to have a union—one reason for such contracts was the desire of the employees to avoid the loss of work and wages that would occur during strikes. Because these agreements were voluntary, they must have been to the mutual benefit of both parties. In addition, before the 1930s, the employer was free to attempt to persuade workers that unionization would not be to their benefit. Also, in his efforts to gain loyalty to his firm, the employer could refuse to hire workers who wanted to engage in union-related activity. The employer also had the common-law right to establish a company union. Then, of course, the company always had the right to voluntarily agree to hire workers who belonged to a specific union.

Unions were subject to the antitrust laws before Norris-La Guardia—not so thereafter. The National Labor Relations Act then destroyed the common-law right of an employee to join a union of his own choosing or to represent himself. After such New Deal legislation, unions operated with the help of laws and court decisions to force employees to join them to gain a monopoly of particular jobs. Unions were free to use violence (picketing) against competing workers and intimidation against the employers through the strike.

After a union has been certified as an exclusive bargaining agent, it is presumed to have majority support indefinitely (unless there is a decertification election) even if all the workers who originally chose it are no longer with the company. Section 8(a) 3 of the National Labor Relations Act empowers unions with monopoly bargaining privileges to agree with employers that all workers represented by the unions must join the union or at least pay union dues. Section 14(b) of the Act permits states to forbid such arrangements. Twenty-one right-to-work states have chosen to do so by banning all forms of union security. In these states workers can be forced to have a union (selected by majority vote) represent them, but they cannot be forced to join or pay dues to any unions. However, in the twenty-nine other states, security clauses are permitted. In these states, workers who do not want to be represented by a union (but are forced to because of monopoly representation) may be compelled to pay for the unwanted representation or be fired. Nonunion (i.e., union-free) workers who don’t want to become members of a union may be forced to pay dues (or their equivalent) as a requirement of their employment.

If a union security agreement specifies a union shop then the worker must join the union after a probationary period. However, if it specifies an agency shop, the worker does not have to join the union but must pay dues or their equivalent. In an agency shop, workers do not have to become members, but they all must pay dues or “service fees” to the unions that represent them. Unions employ a free-rider argument to justify this coercion. They argue that, without the imposition of forced dues, some workers would choose to receive the benefits of union representation but not pay for them. The goal of compulsory union dues is apparently to prevent free riders. Of course, if a union simply represented those who wanted it, there would be no free-rider problem. The union’s free-rider problem stems from section 9-A of   the National Labor Relations Act that requires that a certified union be the exclusive representative that bargains with the employer for all workers, both union and non-union. Unions that have gained monopoly bargaining privileges by majority vote must represent all workers, whether those workers want it to or not. The unions created the free-rider problem themselves when they persuaded the authors of the NLRA to permit monopoly bargaining. They now use monopoly bargaining as an excuse for forced dues!

By empowering labor unions the government did away with the old common-law rules of contract, property, and tort that applied equally to all involved parties. They were replaced with a coercive legal framework designed to help labor union leaders attain their goals. As a result, common-law courts were replaced by administrative tribunals (e.g., the National Labor Relations Board) which could be relied upon to implement prounion policies. The government thus promoted unions by failing to apply laws of equal applicability to unions and employers alike, used its power to support unions, and allowed unions to use force in pursuit of their ends.

Dr. Edward W. Younkins is Professor of Accountancy at Wheeling Jesuit University. He is the author of Capitalism and Commerce: Conceptual Foundations of Free Enterprise [Lexington Books, 2002], Philosophers of Capitalism: Menger, Mises, Rand, and Beyond [Lexington Books, 2005] (See Mr. Stolyarov’s review of this book.), and Flourishing and Happiness in a Free Society: Toward a Synthesis of Aristotelianism, Austrian Economics, and Ayn Rand’s Objectivism [Rowman & Littlefield Pub Incorporated, 2011] (See Mr. Stolyarov’s review of this book.). Many of Dr. Younkins’s essays can be found online at his web page at www.quebecoislibre.org. You can contact Dr. Younkins at younkins@wju.edu.

by

Libertarian Life-Extension Reforms – Video Series by G. Stolyarov II

No comments yet

Categories: Politics, Transhumanism, Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

The New Renaissance Hat
G. Stolyarov II
December 10, 2012
Recommend this page.
******************************

This video series is derived from Mr. Stolyarov’s essay, “Political Priorities for Achieving Indefinite Life Extension: A Libertarian Approach“. The series highlights each of the proposed areas of pro-liberty life-extension reforms in an effort to spread these ideas and achieve their broader public consideration.

#1 – Repeal FDA Approval Requirements

Mr. Stolyarov discusses the greatest threat to research on indefinite human life extension: the  current requirement in the United States (and analogous requirements elsewhere in the Western world) that drugs or treatments may not be used, even on willing patients, unless approval for such drugs or treatments is received from the Food and Drug Administration (or an analogous national regulatory organization in other countries).

Such prohibitions on the quick development and marketing of potentially life-saving drugs are not only costly and time-consuming to overcome; they are morally unconscionable in terms of the cost in human lives.

#2 – Abolishing Medical Licensing Protectionism

There are too few doctors in the West today – not enough to deliver affordable, life-saving treatments, and certainly not enough to ensure that, when life-extending discoveries are made, they will rapidly become available to all.

Mr. Stolyarov advocates for the elimination of compulsory licensing requirements for medical professionals, and the replacement of such a system by a competing market of private certifications for various “tiers” of medical care.

#3-4 – Abolishing Medical and Software Patent Monopolies

Patents – legal grants of monopoly privilege – artificially raise the cost and the scarcity of new drugs and new software. Mr. Stolyarov recommends allowing free, open competition to apply to these products as well.

#5 – Reestablishing the Doctor-Patient Relationship

The most reliable and effective medical care occurs when both patients and doctors have full sovereignty over medical treatment and payment. A libertarian system is most likely to prolong individual lives and lead to the rapid discovery of unprecedented life-extending treatments.

Mr. Stolyarov presents the case for political reforms that maximize patient choice and free-market experimentation with various methods of payment for and provision of medical services.

#6 – Medical Research Instead of Military Spending

Mr. Stolyarov concludes his series on libertarian life-extension reforms by offering a way to reduce aggregate government spending while also increasing funding for medical research. If government funds are spent on saving and extending lives rather than destroying them, this would surely be an improvement. Thus, while Mr. Stolyarov does not support increasing aggregate government spending to fund indefinite life extension (or medical research generally), he would advocate a spending-reduction plan where vast amounts of military spending are eliminated and some fraction of such spending is replaced with spending on medical research.

by

Transhumanism as a Grand Conservatism – Article by G. Stolyarov II

No comments yet

Categories: History, Transhumanism, Tags: , , , , , , , , , , , , , , , , , ,

The New Renaissance Hat
G. Stolyarov II
November 25, 2012
Recommend this page.
******************************

For anyone interested in the history of life-extension ideas, I highly recommend Ilia Stambler’s 2010 paper, Life extension – a conservative enterprise? Some fin-de-siècle and early twentieth-century precursors of transhumanism. This extensively researched and cosmopolitan work explores the ideas of five proto-transhumanist thinkers who embedded their future-oriented thoughts in extremely different intellectual frameworks: Nikolai Fedorov, Charles Stephens, Alexander Bogdanov, Friedrich Nietzsche, and Jean Finot. Mr. Stambler considers Finot’s thought to most resemble the ideas of today’s transhumanist movement.

The conclusions of Mr. Stambler’s research are profound and interesting to explore. One of the main insights is that it is possible to arrive at support for radical life extension from many different ideological frameworks. Mr. Stambler writes that “In different national contexts, different ideological schemes – secular humanism or religion, discrimination or egalitarianism, idealism or materialism, socialism or capitalism, liberalism or totalitarianism – appear to yield different justifications for the necessity of life prolongation and longevity research and to impact profoundly on the way such goals are conceived and pursued. As the works of the above-said proponents of human enhancement and longevity exemplify, the authors adapt to a particular national ideological milieu and serve as agents for its continuation.”

This is a welcome insight in the sense that it should be possible to attract an immensely intellectually and culturally diverse following to the cause of indefinite human life extension. However, it is also the case that some political and cultural environments are more conducive to rapid progress in human life extension than others. I have recently articulated my view that a libertarian set of policies will, by unshackling competition and innovation by numerous entities on a free market, result in the most rapid advent of the technologies sought by transhumanists. That being said, I still perceive much common ground with non-libertarians to be achievable on the issue of life extension – for instance, in the realms of supporting specific research, spreading public awareness, sharing information, and coming together to advocate for policy positions on which we can agree. Also, it is possible that non-libertarian transhumanists might benefit their own intellectual traditions by steering them toward more technology-friendly and life-respecting directions. As an atheist libertarian transhumanist, I would greatly prefer to be debating with transhumanist environmentalists, transhumanist socialists, and transhumanist Christians (yes, they do exist) than their mainstream counterparts of today.

Another key insight of Mr. Stambler’s paper resonates with me personally. Mr. Stambler ventures to “suggest is that the pursuit of human enhancement and life extension may originate in conservatism, both biological and social. There is a close conjunction between the ideas of life extension, transcending human nature and creating artificial life, in Finot’s writings and those of present-day transhumanists. The connection (and progression) between these enterprises may appear logical: the means initially designed to conserve life may exceed their purpose, and beginning as a search to preserve a natural bodily status quo, the aspirations may rapidly expand into attempts to modify nature. It appears to me that these enterprises evolve in this, and not in the reverse order. The primary aspiration is not to modify nature, but to preserve a natural state.

Anyone who has followed my work over the years would be unable to avoid my generally conservative esthetic, my strong interest in history, and my admiration for the achievements and legacies of prior eras. I am mostly not a conservative in the American or even European political sense, but I am conservative in the sense of seeking to preserve and build upon the achievements of Western civilization – including the development of its logical implications for future decades and centuries. Technological progress and the achievement of indefinite life extension are very much the direct extrapolation of the desire to preserve the historical achievements that enable our unprecedented quality of life today. Furthermore, my transhumanism grows out of a desire to preserve my own body and mind in a youthful state – so as to maintain a life driven primarily by my own choices and the manner in which I set up the environment around me. In order for me to remain who I am, and to do what I wish to do, I need to support radical technological change and changes to our society in general. However, those changes are fundamentally aimed at supporting that pattern of life which I consider to be good – and which today, unfortunately, is far too subject to destructive external influences over which no individual yet has sufficient influence or control. Unlike some transhumanists, I have no ambitions to have my mind “uploaded,”  to lead a non-biological existence, or “merge” my mind with anyone else’s. If I obtain indefinite life, I will spend it indefinitely looking the way I do (while remedying any flaws) and focusing on the perpetuation of my family, property, esthetic, and activities – all the while learning continuously and becoming a better (and more durable) version of the person I already am. For the true stability of home, family, property, and patterns of living, there must be individual sovereignty. For true individual sovereignty to exist, our society must improve rapidly in every dimension, so as to facilitate the hyper-empowerment of every person. Ironically, for one’s personal sphere to be conserved and shaped to one’s will, a revolution in the universe is necessary.

Cultural and historical preservation is also a major but seldom appreciated implication of transhumanism. By living longer and remaining in a youthful state, specific individuals would be able to create and refine their skills to a much greater extent. Imagine the state of classical music if we could have had hundreds of years for Mozart and Beethoven to compose – or the state of painting if Leonardo, Vermeer, or David had lived for centuries. Every time a creator dies, an irreplaceable vision dies with him. Others might emulate him, but it is not the same – for they do not have his precise mind. They can replicate and absorb into their own esthetic what he already brought into this world, but they cannot foresee the new directions in which he would have taken his work with more time. Each individual is precious and irreplaceable; the loss of each individual is the loss of a whole universe of memories, ideas, and possibilities. Transhumanism is a grand conservatism – an ambition to conserve people – to put an end to all such senseless destruction and to keep around all of the people who build up and beautify our world. The proto-transhumanist Nikolai Fedorov (one of those Christian transhumanists who ought to be much more prevalent among the Christians of today) even took this idea to the point of proposing an ultimate goal to physically resurrect every person who has ever lived. While, as I have written earlier, this would not resurrect the “I-nesses” of these individuals, achieving this goal might nonetheless give us the benefit of recapitulating their memories and experiences and seeing how their “doubles” might further develop themselves in a more advanced world.

It is precisely the conservative sensibility in me that recoils against “letting go” of the good things in life – whether they be my present advantages or the positive legacies of the past. It is precisely the conservative part of me that hates “starting from scratch” when something good and useful is no longer available because it has fallen prey to damaging external events. To allow the chaos of senseless destruction – the decay and ruin introduced by the inanimate processes of nature and the stupidity of men – is a sheer waste. Many put up with this sad state of affairs today because it has hitherto been unavoidable. But once the technical possibilities emerge to put an end to such destruction, then leaving it to wreak its havoc would become a moral outrage. Once we are able to truly control and direct our own lives, the stoic acceptance of ruin will become one of those aspects of history that we could confidently leave in the past.

by

Political Priorities for Achieving Indefinite Life Extension: A Libertarian Approach – Article by G. Stolyarov II

2 comments

Categories: Politics, Transhumanism, Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

The New Renaissance Hat
G. Stolyarov II
November 22, 2012
Recommend this page.
******************************

While the achievement of radical human life extension is primarily a scientific and technical challenge, the political environment in which research takes place is extremely influential as to the rate of progress, as well as whether the research could even occur in the first place, and whether consumers could benefit from the fruits of such research in a sufficiently short timeframe. I, as a libertarian, do not see massive government funding of indefinite life extension as the solution – because of the numerous strings attached and the possibility of such funding distorting and even stalling the course of life-extension research by rendering it subject to pressures by anti-longevity special-interest constituencies. (I can allow an exception for increased government medical spending if it comes at the cost of major reductions in military spending; see my item 6 below for more details.) Rather, my proposed solutions focus on liberating the market, competition, and consumer choice to achieve an unprecedented rapidity of progress in life-extension treatments. This is the fastest and most reliable way to ensure that people living today will benefit from these treatments and will not be among the last generations to perish. Here, I describe six major types of libertarian reforms that could greatly accelerate progress toward indefinite human life extension.

1. Repeal of the requirement for drugs and medical treatments to obtain FDA approval before being used on willing patients. The greatest threat to research on indefinite life extension – and the availability of life-extending treatments to patients – is the current requirement in the United States (and analogous requirements elsewhere in the Western world) that drugs or treatments may not be used, even on willing patients, unless approval for such drugs or treatments is received from the Food and Drug Administration (or an analogous national regulatory organization in other countries). This is a profound violation of patient sovereignty; a person who is terminally ill is unable to choose to take a risk on an unapproved drug or treatment unless this person is fortunate enough to participate in a clinical trial. Even then, once the clinical trial ends, the treatment must be discontinued, even if it was actually successful at prolonging the person’s life. This is not only profoundly tragic, but morally unconscionable as well.

As a libertarian, I would prefer to see the FDA abolished altogether and for competing private certification agencies to take its place. But even this transformation does not need to occur in order for the worst current effects of the FDA to be greatly alleviated. The most critical reform needed is to allow unapproved drugs and treatments to be marketed and consumed. If the FDA wishes to strongly differentiate between approved and unapproved treatments, then a strongly worded warning label could be required for unapproved treatments, and patients could even be required to sign a consent form stating that they have been informed of the risks of an unapproved treatment. While this is not a perfect libertarian solution, it is a vast incremental improvement over the status quo, in that hundreds of thousands of people who would die otherwise would at least be able to take several more chances at extending their lives – and some of these attempts will succeed, even if they are pure gambles from the patient’s point of view. Thus, this reform to directly extend many lives and to redress a moral travesty should be the top political priority of advocates of indefinite life extension. Over the coming decades, its effect will be to allow cutting-edge treatments to reach a market sooner and thus to enable data about those treatments’ effects to be gathered more quickly and reliably. Because many treatments take 10-15 years to receive FDA approval, this reform could by itself speed up the real-world advent of indefinite life extension by over a decade.

2. Abolishing medical licensing protectionism. The current system for licensing doctors is highly monopolistic and protectionist – the result of efforts by the American Medical Association in the early 20th century to limit entry into the profession in order to artificially boost incomes for its members. The medical system suffers today from too few doctors and thus vastly inflated patient costs and unacceptable waiting times for appointments. Instead of prohibiting the practice of medicine by all except a select few who have completed an extremely rigorous and cost-prohibitive formal medical schooling, governments in the Western world should allow the market to determine different tiers of medical care for which competing private certifications would emerge. For the most specialized and intricate tasks, high standards of certification would continue to exist, and a practitioner’s credentials and reputation would remain absolutely essential to convincing consumers to put their lives in that practitioner’s hands. But, with regard to routine medical care (e.g., annual check-ups, vaccinations, basic wound treatment), it is not necessary to receive attention from a person with a full-fledged medical degree. Furthermore, competition among certification providers would increase quality of training and lower its price, as well as accelerate the time needed to complete the training. Such a system would allow many more young medical professionals to practice without undertaking enormous debt or serving for years (if not decades) in roles that offer very little remuneration while entailing a great deal of subservience to the hierarchy of some established institution or another. Ultimately, without sufficient doctors to affordably deliver life-extending treatments when they become available, it would not be feasible to extend these treatments to the majority of people. Would there be medical quacks under such a system of privatized certification? There are always quacks, including in the West today – and no regulatory system can prevent those quacks from exploiting willing dupes. But full consumer choice, combined with the strong reputational signals sent by the market, would ensure that the quacks would have a niche audience only and would never predominate over scientifically minded practitioners.

3. Abolishing medical patent monopolies. Medical patents – in essence, legal grants of monopoly for limited periods of time – greatly inflate the cost of drugs and other treatments. Especially in today’s world of rapidly advancing biotechnology, a patent term of 20 years essentially means that no party other than the patent holder (or someone paying royalties to the patent holder) may innovate upon the patented medicine for a generation, all while the technological potential for such innovation becomes glaringly obvious. As much innovation consists of incremental improvements on what already exists, the lack of an ability to create derivative drugs and treatments that tweak current approaches implies that the entire medical field is, for some time, stuck at the first stages of a treatment’s evolution – with all of the expense and unreliability this entails. More appallingly, many pharmaceutical companies today attempt to re-patent drugs that have already entered the public domain, simply because the drugs have been discovered to have effects on a disease different from the one for which they were originally patented. The result of this is that the price of the re-patented drug often spikes by orders of magnitude compared to the price level during the period the drug was subject to competition. Only a vibrant and competitive market, where numerous medical providers can experiment with how to improve particular treatments or create new ones, can allow for the rate of progress needed for the people alive today to benefit from radical life extension. Some may challenge this recommendation with the argument that the monopoly revenues from medical patents are necessary to recoup the sometimes enormous costs that pharmaceutical companies incur in researching and testing the drug and obtaining approval from regulatory agencies such as the FDA. But if the absolute requirement of FDA approval is removed as I recommend, then these costs will plummet dramatically, and drug developers will be able to realize revenues much more quickly than in the status quo. Furthermore, the original developer of an innovation will still always benefit from a first-mover advantage, as it takes time for competitors to catch on. If the original developer can maintain high-quality service and demonstrate the ability to sell a safe product, then the brand-name advantage alone can secure a consistent revenue stream without the need for a patent monopoly.

4. Abolishing software patent monopolies. With the rapid growth of computing power and the Internet, much more medical research is becoming dependent on computation. In some fields such as genome sequencing, the price per computation is declining at a rate even far exceeding that of Moore’s Law. At the same time, ordinary individuals have an unprecedented opportunity to participate in medical research by donating their computer time to distributed computing projects. Software, however, remains artificially scarce because of patent monopolies that have increasingly been utilized by established companies to crush innovation (witness the massively expensive and wasteful patent wars over smartphone and tablet technology). Because most software is not cost-prohibitive even today, the most pernicious effect of software patents is not on price, but on the existence of innovation per se. Because there exist tens of thousands of software patents (many held defensively and not actually utilized to market anything), any inventor of a program that assists in medical, biotechnological, or nanotechnological computations must proceed with extreme caution, lest he run afoul of some obscure patent that is held for the specific purpose of suing people like him out of existence once his product is made known. The predatory nature of the patent litigation system serves to deter many potential innovators from even trying, resulting in numerous foregone discoveries that could further accelerate the rate at which computation could facilitate medical progress. Ideally, all software patents (and all patents generally) should be abolished, and free-market competition should be allowed to reign. But even under a patent system, massive incremental improvements could be made. First, non-commercial uses of a patent should be rendered immune to liability. This would open up a lot of ground for non-profit medical research using distributed computing. Second, for commercial use of patents, a system of legislatively fixed maximum royalties could emerge – where the patent holder would be obligated to allow a competitor to use a particular patented product, provided that a certain price is paid to the patent holder – and litigation would be permanently barred. This approach would continue to give a revenue stream to patent holders while ensuring that the existence of a patent does not prevent a product from coming to market or result in highly uncertain and variable litigation costs.

5. Reestablishing the two-party doctor-patient relationship. The most reliable and effective medical care occurs when the person receiving it has full discretion over the level of treatment to be pursued, while the person delivering it has full discretion over the execution (subject to the wishes of the consumer). When a third party – whether private or governmental – pays the bills, it also assumes the position of being able to dictate the treatment and limit patient choice. Third-party payment systems do not preclude medical progress altogether, but they do limit and distort it in significant ways. They also result in the “rationing” of medical care based on the third party’s resources, rather than those of the patient. Perversely enough, third-party payment systems also discourage charity on the part of doctors. For instance, Medicare in the United States prohibits doctors who accept its reimbursements from treating patients free of charge. Mandates to utilize private health insurance in the United States and governmental health “insurance” elsewhere in the Western world have had the effect of forcing patients to be restricted by powerful third parties in this way. While private third-party payment systems should not be prohibited, all political incentives for third-party medical payment systems should be repealed. In the United States, the pernicious health-insurance mandate of the Affordable Care Act (a.k.a. Obamacare) should be abolished, as should all requirements and political incentives for employers to provide health insurance. Health insurance should become a product whose purchase is purely discretionary on a free market. This reform would have many beneficial effects. First, by decoupling insurance from employment, it would ensure that those who do rely on third-party payments for medical care will not have those payments discontinued simply because they lose their jobs. Second, insurance companies would be encouraged to become more consumer-friendly, since they will need to deal with consumers directly, rather than enticing employers – whose interests in an insurance product may be different from those of their employees. Third, insurance companies would be entirely subject to market forces – including the most powerful consumer protection imaginable: the right of a consumer to exit from a market entirely. Fourth and most importantly, the cost of medical care would decline dramatically, since it would become subject to direct negotiation between doctors and patients, while doctors would be subject to far less of the costly administrative bureaucracy associated with managing third-party payments.

In countries where government is the third-party payer, the most important reform is to render participation in the government system voluntary. The worst systems of government healthcare are those where private alternatives are prohibited, and such private competition should be permitted immediately, with no strings attached. Better yet, patients should be permitted to opt out of the government systems altogether by being allowed to save on their taxes if they renounce the benefits from such systems and opt for a competing private system instead. Over time, the government systems would shrink to basic “safety nets” for the poorest and least able, while standards of living and medical care would rise to the level that ever fewer people would find themselves in need of such “safety nets”. Eventually, with a sufficiently high level of prosperity and technological advancement, the government healthcare systems could be phased out altogether without adverse health consequences to anyone.

6. Replacement of military spending with medical research. While, as a libertarian, I do not consider medical research to be the proper province of government, there are many worse ways for a government to spend its money – for instance, by actively killing people in wasteful, expensive, and immoral wars. If government funds are spent on saving and extending lives rather than destroying them, this would surely be an improvement. Thus, while I do not support increasing aggregate government spending to fund indefinite life extension (or medical research generally), I would advocate a spending-reduction plan where vast amounts of military spending are eliminated and some fraction of such spending is replaced with spending on medical research. Ideally, this research should be as free from “strings attached” as possible and could be funded through outright unconditional grants to organizations working on indefinite life extension. However, in practice it is virtually impossible to avoid elements of politicization and conditionality in government medical funding. Therefore, this plan should be implemented with the utmost caution. Its effectiveness could be improved by the passage of legislation to expressly prohibit the government from dictating the methods, outcomes, or applications of the research it funds, as well as to prohibit non-researchers from acting as lobbyists for medical research. An alternative to this plan could be to simply lower taxes across the board by the amount of reduction in military spending. This would have the effect of returning wealth to the general public, some of which would be spent on medical research, while another portion of these returned funds would increase consumers’ bargaining power in the medical system, resulting in improved treatments and more patient sovereignty.

by

US Gone to Pot, but Not Completely – Article by Mark Thornton

No comments yet

Categories: Politics, Tags: , , , , , , , , , , , , , , , , , , , , , ,

The New Renaissance Hat
Mark Thornton
November 12, 2012
Recommend this page.
******************************

The only good thing about the 2012 campaign — other than its being over — is that much progress was made on marijuana policy. Marijuana was legalized in two states, Colorado and Washington. Medical-marijuana legislation passed in Massachusetts. Marijuana was decriminalized is several major cities in Michigan and Burlington, Vermont, passed a resolution that marijuana should be legalized. The only defeats were that legalization failed to pass in Oregon and medical marijuana was defeated in Arkansas.

This is a stunning turnaround from the 2010 campaign when Prop 19 in California failed to pass despite high expectations. I explained in detail why Prop 19 failed here. It was an unfortunately common story of Baptists, i.e., people who oppose it, and bootleggers, i.e., people who profit from black-market sales, who stopped the legalization effort.

With regards to the legalization victories in Colorado and Washington, Tom Angell, Director of LEAP (Law Enforcement Against Prohibition) called the election a “historic night for drug-law reformers.” Paul Armentano, the deputy director of NORML (National Organization for the Reform of Marijuana Laws), called the Colorado and Washington victories “game changers,” noting that “both measures provide adult cannabis consumers with unprecedented legal protections.” He noted that “until now, no state in modern history has classified cannabis itself as a legal product that may be lawfully possessed and consumed by adults.” Writing for the Marijuana Policy Project, Robert Capecchi called Colorado and Washington “historic victories,” saying that they “represent the first bricks to be knocked out of the marijuana prohibition wall.”

Following is a list of all marijuana measures on the 2012 ballot as provided by LEAP:

Colorado Marijuana legalization Passed
Washington Marijuana legalization Passed
Oregon Marijuana legalization Failed
Massachusetts Medical marijuana Passed
Arkansas Medical marijuana Failed
Detroit, MI Decriminalization of adult marijuana possession Passed
Flint, MI Decriminalization of adult marijuana possession Passed
Ypsilanti, MI Marijuana to be lowest law enforcement priority Passed
Grand Rapids, MI Decriminalization of adult marijuana possession Passed
Kalamazoo, MI Three medical-marijuana dispensaries permitted in city Passed
Burlington, VT Recommendation that marijuana should be legalized Passed
Montana Referendum restricting medical marijuana Likely to pass

Some readers might not be fired up at the prospects of legalization, decriminalization, and medical marijuana, but the benefits are higher than you might think. First of all, the economic crisis is a great opportunity to get this type of reform passed. There are several economic dimensions at work here. The most obvious thing that comes to mind is that legalized marijuana might be a source of tax revenues and possibly excise taxes and license fees. It would also be a source of jobs, although the net gain in jobs and incomes is probably initially small.

A major benefit would be a reduction in the size of government. Marijuana prohibition results in hundreds of thousands of people being arrested, tying up police, jails, courts, and prisons. When the city of Philadelphia decided to make marijuana prohibition a low priority and treat it like public intoxication ($200 fine), they ended up saving $2 million in the first year.

One of the most important benefits of these measures is that they make for a more liberal society in the Misesian sense. Marijuana prohibition is public violence, prejudice, and partiality. Legalization and liberalism is private property and public tolerance. As Ludwig von Mises wrote,

The essential teaching of liberalism is that social cooperation and the division of labor can be achieved only in a system of private ownership of the means of production, i.e., within a market society, or capitalism. All the other principles of liberalism democracy, personal freedom of the individual, freedom of speech and of the press, religious tolerance, peace among the nations are consequences of this basic postulate. They can be realized only within a society based on private property. (Omnipotent Government, p. 48)

The key thing, economically speaking, is that more liberalism is good for business, jobs, and prosperity. Legalizing marijuana, along with things like same-sex-marriage laws, may be appalling to some people, but when companies are looking to get started or establishing new operations, those are some of the things that are looked at, just like taxes, schools, crime, etc. States that are competing for the best companies that offer the highest paying jobs are the same states that are liberalizing their policies.

Therefore, it should come to no surprise that a state like Washington legalized marijuana even though it does not have a history of marijuana-reform activism. Washington needs to compete with other states for computer programmers, engineers, and technicians for Washington-based firms like Boeing and Microsoft. Do not be surprised if what happened in Colorado and Washington spreads to other states in coming elections.

The most important aspect of the victories in Colorado and Washington is that the people of those states stood up and voiced their opposition to the federal government and its policy of marijuana prohibition. They are directing their state governments to no longer cooperate with the federal government. You can bet that federal officials will seek to intimidate local officials and businesses as they have done in California. They seek to use fear and violence to maintain their power.

However, demographically and ideologically, they are fighting a losing battle. Supporters of legalization are younger, smarter, better educated, and have above-average incomes. The leaders of the reform movement do not seem to view their efforts as “pro-marijuana,” but rather as anti-prohibition, and they realize that the benefits are in terms of health, public safety, and prosperity.

When my book The Economics of Prohibition was published 20 years ago, I was often asked my opinion if marijuana should be or would be legalized. My stock answer was that medical marijuana would start to be legalized in 10 years and that marijuana would start to be legalized in 20 years, probably during an economic crisis. My only prediction in print was that the reform process would begin around the turn of the century. The first reform was actually a medical-marijuana law passed in California in 1996.

Mark Thornton is a senior resident fellow at the Ludwig von Mises Institute in Auburn, Alabama, and is the book review editor for the Quarterly Journal of Austrian Economics. He is the author of The Economics of Prohibition, coauthor of Tariffs, Blockades, and Inflation: The Economics of the Civil War, and the editor of The Quotable Mises, The Bastiat Collection, and An Essay on Economic Theory. Send him mail. See Mark Thornton’s article archives.

You can subscribe to future articles by Mark Thornton via this RSS feed.

Copyright © 2012 by the Ludwig von Mises Institute. Permission to reprint in whole or in part is hereby granted, provided full credit is given.

by

Why Republicans Deserved a Crushing Defeat in the 2012 Presidential Election – Article by G. Stolyarov II

3 comments

Categories: Politics, Tags: , , , , , , , , , , , , , , , , , ,

The New Renaissance Hat
G. Stolyarov II
November 12, 2012
Recommend this page.
******************************

                If ever there was a party that deserved a thorough electoral defeat, it was the Republican Party in the 2012 United States Presidential election. The party’s abandonment of any semblance of principle, combined with suppression of its principled and intellectual elements, was responsible for the crushing defeat dealt to it by Barack Obama and the Democratic Party. While I am no supporter of, or enthusiast for, Obama and the Democrats (I was part of the 1% who voted for Gary Johnson), I must confess that my intense love of justice is satisfied by the extent to which the Republican Party has been punished at the polls. Here, I aim to enumerate the primary reasons why the Republicans lost, and deserved it.

                Reason 1: Suppression of libertarian ideas and people. If ever there was a political movement in the United States that captured the minds and passions of wide segments of the population, it was the movement spearheaded by Ron Paul, which began to pick up momentum in 2007 and which greatly intensified during the 2011-2012 campaign season. The massive enthusiasm generated by that movement among young people and typically non-Republican constituencies would have been enough to result in an electoral landslide for the Republican Party, had it not been ruthlessly combated by the party establishment and its allied news media’s rhetoric, as well as underhanded, fraudulent, and sometimes even violent actions at state primaries, state conventions, and the Republican National Convention.

 Indeed, the rule change enacted by the party establishment at the National Convention, over the vociferous objections of the majority of delegates there, has permanently turned the Republican Party into an oligarchy where the delegates and decision-makers will henceforth be picked by the “front-runner” in any future Presidential contest. Gone are the days when people like me could, through grass-roots activism and participation at successive levels of the party conventions, become delegates to a state convention and exert some modicum of influence over how the party is governed and intellectually inclined. In addition to the suppression of Ron Paul and his supporters, the Republican establishment marginalized and denied debate access to Gary Johnson, one of the most principled and successful Republican governors in history – leading Johnson to favor a Libertarian run for the Presidency instead. Johnson, too, could easily have garnered the sympathies of voters who favor civil liberties, limited government, and an end to wasteful, reckless foreign-policy interventionism.

                 Reason 2: Creation of an alternate reality. In the words of Daniel Patrick Moynihan, “Everyone is entitled to his own opinion, but not his own facts.” The Republican Party, however, constructed around itself an alternate reality where facts did not matter. Instead, an entirely parallel universe of “facts” was constructed in accordance with party orthodoxy. How ironic it is that the party that was supposed to denounce political correctness in universities and culture has itself fallen prey to the most massive form of politically correct delusion imaginable – a way of thinking where no facts are admissible unless they cohere with a certain preconceived worldview! It is one matter to have a set of normative positions about what is desirable – even if they are wrong or damaging positions but still based on the data of reality. It is entirely another matter to begin to make short-term empirical predictions based on ideology and wishes, rather than the evidence of the senses and the general factual inferences that can be drawn from such evidence. This is why, on the eve of the elections, virtually the entire Republican punditry was predicting a landslide win for Mitt Romney and accusing objective election observers who anticipated an Obama win of exhibiting a left-wing bias. But the malaise goes deeper than that. The entire advertising and rhetorical strategy of the Romney campaign was based on outright, publicly debunked falsehoods – from the claim that Obama “gutted welfare reform”  to the easily refutable allegation that Jeep was relocating its plants from Ohio to China. But when fact-checking services from all over the political spectrum (including truly neutral ones) called Romney out on these outright lies, the fact-checkers themselves were branded as biased by the Republican punditry. The Romney campaign’s blatant distortion of the truth is a leap beyond the typical promise-breaking prevalent in American political campaigns. As David Javerbaum put it, Romney engaged in “quantum politics” – e.g., “Mitt Romney will feel every possible way about an issue until the moment he is asked about it, at which point the many feelings decohere into the single answer most likely to please the asker.” The Romney campaign was based not on the reality of facts, but the “reality” of political polls and interest groups, the question not of what is true but what will please whom. This is what Ayn Rand termed a social metaphysics, and a key reason why I compared Romney to James Taggart in Atlas Shrugged.

                Reason 3. The “lesser evil” mentality. It is interesting, also, that the Republicans never embrace a candidate with more energy, and never behave with such intensity of vitriol toward any doubters or critics, as when the candidate is a man whom they themselves consider a candidate of dubious conservative credentials. Mitt Romney, the oft-styled “Massachusetts moderate“, was surely such a candidate, as numerous conservative Republicans did not hesitate to admit, until Romney seemed likely to secure the nomination. But once the nominating process was trending Romney’s way, many of those same Republicans reacted with every possible tactic to undermine Romney’s opponents and critics. Perhaps the hatred of Obama (and the irrational inflation of Obama as the Evil Communist Atheist Muslim Kenyan-Born “Community Activist” Who Threatens to Destroy the Very Fabric of America by many Republicans) led the reluctant Romney supporters to consider absolutely anybody to be preferable to the strawman Obama they had built up in their minds – and also any means to be acceptable for achieving Obama’s defeat, including lies, fraud, voter suppression, and violence against peaceful critics. It is often the case that the mentality of supporting the “lesser evil” causes people to behave with the greatest evil. Surely, in their behavior on the campaign trail in 2012, the Republicans were by far the more evil party.

                Reason 4. Refusal to differentiate based on true principle. While Romney continued to attack Obama on the basis of factually false trivialities, the substantive principles of Obama’s governance did not come under attack. Completely absent were any criticisms of drone assassinations of American citizens and foreign civilians; the threat of indefinite detention of Americans on US soil; repeated attempts to control the Internet in the name of “cybersecurity” or “intellectual property”; political favoritism and bailouts directed toward large financial institutions; a bizarre and perverse surveillance and “security” state, exemplified by the Transportation Security Administration’s backscatter X-ray machines and grotesque full-body pat-downs;  the continuation of bloody and unsustainable foreign entanglements;  an increasingly impoverishing fiscal and monetary policy; and the escalating devastation caused by the War on Drugs. Of course, Romney did not wish to criticize any of these policies, because he would likely have supported their escalation were he elected. The substantive policy differences between most Republicans and most Democrats have been narrowing over the past three decades. This election cycle, they have been reduced to virtually nil – even as the political rhetoric achieved levels of virulence and polarization unprecedented over the same time period.

                Reason 5. Xenophobia and demonization of “the other”. It is truly unwise for a party seeking to win elections to brand entire vast categories of peaceful persons as undesirable. Yet, in their rhetoric, this is precisely how many prominent Republicans portrayed immigrants, homosexuals, the non-religious, and people whose income is below the threshold for a positive income-tax obligation.  Is it any wonder that many such individuals chose to vote against the Republicans, if only because they wished to secure the defeat of the party that so vocally advertised its intent to oppress them and restrict their rights? Perhaps the lessons of this election will teach the wiser among the Republican pundits and politicians that collectivistic demonization of large numbers of people not only fails to win elections, but it is a generally sordid practice to engage in. Commentators such as Sean Hannity seem to have already shifted their positions on immigration. One can hope that others will follow suit – though I suspect the changes in attitude will be too little, too late, especially with other pundits, such as Bill O’Reilly, decrying the demographic changes and the alleged decline of the “white establishment” in America – a mild expression of the not-so-latent racism and xenophobia that, unfortunately, still plague too many in the Republican Party.

                Fundamentally, the Republicans lost the election because many of them lost touch with any semblance of truth, liberty, and basic human decency. It would be a welcome outcome if the results of this election chasten the Republicans to cease suppressing libertarian ideas and to instead embrace a full-fledged advocacy of civil liberties – especially including the right to engage in peaceful behaviors of which many Republicans may personally disapprove. The success of ballot initiatives permitting same-sex marriage in Maine, Maryland, and Washington, as well as legalization of marijuana in Colorado and Washington, should teach Republicans that their advocated intensification of crackdowns on personal freedoms will find only ever-dwindling support, particularly among young people. Unless the Republican establishment dramatically changes its ways, it will increasingly sink into irrelevance (though not without inflicting tremendous damage in the meantime). And, unless it changes its ways, it will be justified to say of that irrelevance: “Good riddance!”

by

The Vital Importance of Property in Land: Part 3 – A Rational System of Land Ownership – Article by G. Stolyarov II

No comments yet

Categories: Economics, Justice, Philosophy, Tags: , , , , , , , , , , , , , , , , , , , , , , , , , ,

The New Renaissance Hat
G. Stolyarov II
November 11, 2012
Recommend this page.
******************************

In this third installment of my short series on land and property rights (see my first and second installments), I aim to outline a rational, libertarian system of land ownership that simultaneously respects each individual’s private property and allows each individual ample opportunities to obtain land of his or her own. This is a system that allows every individual his or her inviolate sphere of action and control, while at the same time ensuring that no individual who strives to obtain land through sufficient exertion will be denied the ability to own landed property.

The rational criterion for how land may be initially appropriated from the state of nature is the first-occupier rule. The first person to transform a piece of land from the state of nature becomes that land’s rightful owner – but only if the land is substantively transformed and put to a use that can be reasonably expected not to terminate at any fixed time. In other words, a person may only initially appropriate that land which the person actually uses and does not expect to stop using entirely. The use may be sporadic and intermittent, but as long as the land is not abandoned altogether and the reasonable possibility of using it remains, the right to ownership remains with the person who first transformed it. A person can indirectly “use” the land by hiring others to work on it or manage it. As long as there exists an economic connection back to the owner, the use criterion is met. The land’s original owner may sell it to others or give the land as a gift. At that time, the new owner obtains the same prerogatives as the original owner had.

The use criterion prevents arbitrary claims over un-transformed land and also minimizes the possibility of conflict by reference to a criterion that relies on an ongoing state of use of the land. If a piece of land becomes completely abandoned by its owner, in the sense that the owner does not himself, or through the employment of others, perform or intend to realistically perform any physical actions on or pertaining to the land, then this land reverts to the state of nature and legitimately may be claimed by any subsequent first occupant. The use criterion distinguishes the libertarian view of land ownership from certain arbitrary legal precedents in many parts of the world – e.g., the “right” of kings in various Medieval and Early Modern European countries to all of the prime forests of those countries, which denied their subjects the ability to obtain any of the produce of the forests without special permission, or the “right” of certain Latin American potentates to vast tracts of completely undeveloped land, on which thousands of people have lived for generations as “squatters” who possess the land de facto but not de jure. The use criterion suggests that it may be the case that laws treat as private property land which should, in fact, be considered a part of the state of nature and opened to be claimed by future first occupants in substance.  This could, in practice, result in considerable upward economic mobility and improvements in standards of living for many people.

In an ideal libertarian system, owned land is truly owned – i.e., it is free of any encumbrances that the owner has not voluntarily entered into. The owner has the complete right to utilize the property as he sees fit, as long as he does not infringe on others’ rights to life, liberty, and property. There may be some role for the law to restrict the use of certain activities that necessarily infringe on others’ rights, such as spilling sewage into a river that runs adjacent to numerous owned plots of land – or emitting disease-causing chemicals into the air. These activities with negative external effects may be permissible in some cases if the affected other individuals consented to their conduct (with their consent possibly accompanied by compensation from the person engaging in the negative-externality-causing activity). Furthermore, the first occupier of a region has a greater prerogative to engage in such activities if the adversely affected neighbors voluntarily move in after the activity was known to be underway. (In other words, the neighbors could have avoided the adverse effects by going elsewhere, but they knowingly chose to move in anyway.)

An ideal libertarian system would have no property taxes or any other taxes that depend on one’s present wealth in any way. Irrespective of what other taxes may exist (and I have elsewhere argued for a system that can fund the government without relying on compulsory taxation at all), the concept of ownership should not be tied with any ongoing payment, unless the property was purchased by means of assuming a debt obligation. Even with regard to debt obligations, foreclosure on a property should be prohibited until the purchaser’s equity has been reduced to zero by an accumulation of amounts equal to the sum of delinquent payments, plus interest at the agreed-upon loan rates.

An owner of land may agree to an easement on the land in the form – for instance – of allowing a utility to place its infrastructure there, or allowing public traffic through a portion of the land. This easement should be entirely voluntary on the part of the owner, and it is legitimate for the owner to request compensation for granting the easement if he wishes. Likewise, the owner may rent the property to others at a mutually agreed-upon price, or, at his discretion, allow others to use or live on the property at no cost. A contractually conferred easement or tenancy may limit the owner’s subsequent ability to deny certain prerogatives to the tenants or parties using the easement, and a free market would facilitate the evolution of contracts that allow such parties the ability to use the land, subject to certain basic conditions, without fear of unilateral or arbitrary cessation of an arrangement on which they rely.

How would roads be built in such a world? How would utility lines be laid? Perhaps a contractually irrevocable perpetual easement might be the way to facilitate such arrangements while fully respecting private property. Instead of being bullied by eminent-domain legislation to sell the land or grant the easement, the owner may be enticed to collect a perpetual stream of income from the private road company or private utility. The road easement would be priced at prevailing market rates – not through a judicial fiat determining “fair market value,” but rather through negotiations based on millions of data points regarding what owners of similar land used for roads have been willing to accept without any compulsion.

As Roderick Long points out, it is also possible for a libertarian view to accommodate a type of “common” land which is neither private nor governmentally owned. This category of commons could be created by means of a private owner opening his land to common use in perpetuity – as in a landowner designating his property a public park or thoroughfare. Such common land does not revert to the state of nature, because it continues to be used regularly – e.g., by means of moving through it. The latest private owner retains a certain degree of rights to the land, in the sense that his designation for how the land may be used must be respected. However, as long as this designation’s terms are obeyed, the latest owner has surrendered his discretion over any particular instance of the common land’s use. The ability of common land to arise could be facilitated by the formation of voluntary cooperatives that purchase private land and declare it to be common. These cooperatives could then also supply services to keep the land in proper order for the purpose to which it is intended to be put. An example of this might be a group of shop owners in a busy urban area deciding to render the street adjacent to the shops to be common, so that any person could approach the shops without paying fees to any party, or being otherwise restricted. The shop owners could form a cooperative to purchase the land constituting the street. The cooperative would then declare such land to be common and would provide maintenance and security services to ensure that the street remains clean and accessible, and that no one significantly obstructs passage.

A true libertarian system would likely lead to the creation of numerous common spaces that would give people without substantial wealth the ability to use land for certain purposes which may bring them economic benefit and enrichment. For instance, it is conceivable that a common working area could be established, where individuals may bring their tools and utilize certain space for the period of their presence – on a first-come, first-served basis.

A legitimate question may arise as to how far up and down a right to legitimately acquired land extends. Again, the boundaries of such ownership should be circumscribed by considerations of use, as well as considerations of personal safety. It is reasonable to conclude that one’s owned airspace does not extend 10,000 meters into the air – which would have restricted the ability of airplanes to pass overhead. However, it is also reasonable to conclude that airplanes should be prohibited from flying at 50 meters above a residential area – even if they do not directly damage any property during a particular flight – because the risk of such damage is too great. The precise amount of owned airspace cannot be given a priori through philosophical argument – but use and safety do set some minimum bounds for the owner to rely on, and a rational legal system would work out the implications of these principles for various types of situations and technological possibilities.

Similarly, to what extent could a land owner lay claim to resources underneath the land? Clearly, one owns the land on which one’s house stands, to a depth that is sufficient to ensure that the house would not subside into the earth. However, does a land owner have the right to a mineral deposit 5 kilometers underneath the land? Perhaps so, if extracting the mineral would require transformation at the surface of the land. However, if a vast underground cave network leads to the mineral deposit from an entrance external to the land’s surface – or if such an access route can be created without any risk to the land on the surface (or the health, safety, or comfort of the owner), then does the owner still have a property right to the mineral – particularly if the owner does not intend to do anything with it and lacks the technical skills in any event? This is again a question that can only be addressed fully by considering the technological possibilities at hand, as well as the circumstances of a particular case. The general principles of use and safety would, however, result in the land owner receiving some claim to most underground resources in most real-world situations.

A libertarian system would penalize violations of others’ private property using Murray Rothbard’s “two teeth for a tooth” rule. In other words, a person who has infringed on another’s rights to property owes the victim twice the amount of the economic harm inflicted. A person who steals a television owes the victim two televisions (or the market value thereof). A person who breaks a window owes the cost of replacing two windows. This treatment both fully compensates the victim and punishes the violator by having the violator forfeit an equivalent item to the item of which the rightful owner was unjustly deprived. Monetary compensation may often be an appropriate way to address this when the property damaged could not easily be conceived of as a discrete unit.  It is important for the punishments for violations of property rights to be proportionate and only directed toward true violators. In other words, there are limits to the kind and degree of force that a property owner may wield to protect his property – depending on the circumstances and the nature of the threat. However, deadly force may be used if the property owner has justifiable reason to believe that his life or the lives of others on his property are threatened. When only inanimate property is threatened, incapacitation of the violator should be pursued instead of deadly force.

The great opportunity-promoting effects of a true libertarian system of land ownership would arise from the absence of any zoning laws and building restrictions – or restrictions of any sort on land use that does not pose negative externalities. Even private associations that attempt to foist such restrictions would be limited by law from prohibiting non-coercive, non-damaging uses of unencumbered property, over which the owner would remain sovereign. Thus, the tyranny of zoning and the tyranny of homeowners’ associations would both be absent in a libertarian system. Rapid economic growth and a flowering of individual expression on private property would result. Furthermore, more convenient economic arrangements  would arise – such as the pre-zoning-era practice of a store owner living with his family on the second floor above the store he owns on the first.  A libertarian system of true private land ownership would result in many more “mixed-use” areas arising, where functions of life and business are not artificially segmented from one another, but rather occur together in such a manner as is most convenient to the residents. Travel times to one’s place of employment would be greatly reduced, resulting in immense savings on transportation costs and improvements in personal safety. More rapid construction would occur, as building permits would not be required.

Under a libertarian system along the lines described above, much land currently in the state of nature would be converted to useful purposes, including the construction of residences for people who find the currently available stock of housing to be too expensive. The massive increase in the supply of housing would cause prices to fall to truly affordable levels for most. Furthermore, the freedom to build would result in an increased and accelerating rate of technological and design innovation – since no third party would be permitted to prohibit a structure for employing unusual esthetic elements or a method of construction that differs from what prevails in the area. More generally, esthetic criteria would never justify coercive prohibition of property use in a libertarian system; only physical harm to other persons would. Ultimately, the result of recognizing a genuine, rational regime of property rights would vastly enhance individuals’ standards of living not just through increased material prosperity, but through the improved satisfaction of living as a true master of one’s own sphere of life and activity.

by

Vote for Principles and Liberty in 2012 – Video by G. Stolyarov II

2 comments

Categories: Politics, Tags: , , , , , , , , , , , , , , , , , , , , , , ,

Mr. Stolyarov, a supporter of Gary Johnson, explains why principles and policy should be the only considerations for voters in the 2012 Presidential Election.

References
- Gary Johnson Campaign Website
- ISideWith.com
- Free & Equal Elections Foundation – Page on Third-Party Debates

by

Lesser of Two Evils: A Final Shot – Article by Charles N. Steele

2 comments

Categories: Politics, Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

The New Renaissance Hat
Charles N. Steele
October 26, 2012
Recommend this page.
******************************

Mr. Stolyarov has responded to my two-part essay on Mitt Romney as a lesser of two evils.  Here I comment on his response .  I don’t want to rattle on endlessly, so this will be my final “shot” in the debate, unless Mr. Stolyarov asks for my response on specific questions.  I am grateful to him for the opportunity to discuss these issues in this forum.  I’ve found it useful, and hope others have as well.

Mr. Stolyarov’s part 1, “The Imperative of Libertarian Rejection of the Two-Party Trap,” is a reply to my part 1 “Is it Evil to Vote for a Lesser Evil?” in which I express doubt about his assertion that “in casting one’s vote” [one earns a] “share of moral responsibility in what would transpire if one’s candidate of choice (even half-hearted choice) gets elected.”

I’m suspicious of this “moral responsibility.” My piece explores whether someone who votes for a candidate has moral responsibility, and if so, what is the nature of that responsibility.  I take pains to keep it a general argument and avoid discussion of the 2012 election.  Unfortunately Mr. Stolyarov doesn’t really answer the questions I raise and instead addresses details of the current presidential candidates.  To the extent he does mention the moral responsibility of a voter, he simply asserts it.  At some points he asserts that a voter provides “moral sanction” in voting for a candidate, but this is something I directly challenged.  Elsewhere he claims to be a consequentialist, and that one bears responsibility only for contributing to actual harms.  I think this conflicts with his “moral sanction” argument.  It also fails to explain how a non-swing voter who votes for a winning candidate shares any moral responsibility at all, since his vote didn’t matter.  In short, I don’t think Mr. Stolyarov’s “Imperative” adequately addresses the philosophical issues I raised, and I remain skeptical of the “moral responsibility” one allegedly bears in voting for a lesser evil.

In part 2, “Why Mitt Romney Will Not Benefit Liberty,” Mr. Stolyarov really lets Mitt Romney have it (and does a good job of it).  We agree in our dislike for Romney.  I also share Mr. Stolyarov’s disgust at Romney’s unwillingness to attack Obama on important matters of principle.  But the question at hand isn’t “Is Romney bad?” but rather which candidate – Obama or Romney – is a lesser evil, or are they equally bad?  I gave four areas of fundamental importance in which Romney easily surpasses Obama, in my view.   I don’t think Mr. Stolyarov succeeds in showing that Romney and Obama are equivalent in these four areas.  Allow me to revisit them.

1. General Vision

Mr. Stolyarov discounts the differences between progressives and conservatives, and argues that conservative skepticism of government is a thing of the past.  This can’t be correct.  The Tea Party phenomenon is explicitly an anti-big-government phenomenon.  It was behind a crushing electoral blow to progressive and moderate Democrats and Republicans in 2010.  Regardless of any inconsistencies, confusions, or errors expressed by Tea Partiers, one can’t sensibly argue the movement isn’t exceedingly skeptical of government, often quite hostile to it.  Conversely, one can’t sensibly argue that progressives aren’t overwhelmingly enamored of ever more government solutions to problems in almost every aspect of life.  Mr. Stolyarov repeatedly refers to the Republican Party establishment.  It’s true that this “establishment” hasn’t welcomed the Tea Party, but the bulk of the support that exists for the GOP today is from people skeptical of big government, not people enamored of the Republican leadership.  To miss this is to miss one of the most important political developments of the last ten years.

Mr. Stolyarov missed my point about the “Peoples Rights Amendment” (PRA).  The PRA isn’t about campaign finance reform.  It is about ending all constitutional protections for all rights of any organization: a business firm, a non-profit organization, a church, a labor union, a political party, anything.  Among other things, it would mean that news organizations, publishers, internet service providers, YouTube, etc., would no longer be protected by any part of the Bill of Rights, and certainly not by the First Amendment.  Under PRA, Mr. Stolyarov will be free to stand on a soapbox in the city park and speak, but You Tube will have no legal protection if legislators decide to ban Stolyarov’s videos.  He’ll be free to publish The Rational Argumentator on a home printer, but his internet service provider will have no legal protection if legislators decide they disapprove of his essays.  Democrats have actually introduced this totalitarian nonsense in the House, with the endorsement of Nancy Pelosi; it’s not simply some pipe dream.  They are promoting similar proposals at the state level.  I cannot think of anything that Republicans are proposing that would so fundamentally change America’s political system to enable totalitarianism.  Regarding the examples Mr. Stolyarov provides (NSA, SOPA), I’m unaware of how Obama and Romney (or Democrats and Republicans) differ.  If Democrats aren’t demonstrably systematically superior, then it can hardly be said that these are relevant.

Regarding gun control, Mr. Stolyarov is simply misinformed.  The fact that no new gun-control legislation has been passed is beside the point.  The Obama administration has worked to undercut private firearm ownership, not through legislation but through regulation, subterfuge (“Fast and Furious,” for example), and international negotiations (which are on hold pending the outcome of the election). And the proposals for a renewed assault-weapons ban (AWB) are more draconian than the Clinton version, not less.  Proposed restrictions on ammunition sales, handgun ownership, semiautomatic weapons, etc., are more restrictive than anything we’ve previously suffered under, not less.  And Heller is not settled law, if Obama is able to appoint one more progressive to the Supreme Court.  Progressives would like to eliminate most privately owned firearms.  Their attacks on the Castle Doctrine/Stand Your Ground laws show that this hostility is directed at honest citizens and is not about crime prevention.

My examples suggest that progressives are seriously working to eliminate the Bill of Rights.  On the other hand, Mr. Stolyarov responds that he’s concerned about “Occupy” protesters being pepper-sprayed at UC Davis.  I’m uncertain what this event has to do with the Romney v. Obama choice, but he and I have very different definitions of “peaceful.”  My definition of peaceful does not include forcibly blocking public thoroughfares and occupying public spaces so that others cannot exercise their legitimate rights to use them.  It’s shameful that taxpayer money is now going to these “victims.”  But again, how does this indicate anything about the differences in the candidates or the issues I’ve raised?  I think it’s irrelevant.

2. Health-Care Reform

Mr. Stolyarov is probably correct that for Romney and the Republican leadership think of the political base primarily as a means for winning elections.  That’s exactly why Romney wouldn’t veto a PPACA repeal, were it presented to him.  It’s crazy to think he’d veto it against the will of everyone in the GOP and then “rely on political amnesia” to get him by in 2016.  He’d have nothing to gain, and everything to lose.

I didn’t discuss specifics of the PPACA, but I don’t believe the mandate is the worst part.  The mandate isn’t a giveaway to insurance companies.  Without a mandate, the requirement to sell insurance without regard for pre-existing conditions and without risk rating would trigger adverse selection that would eliminate private insurance almost overnight.  Other bad parts of the law include the Independent Payments Advisory Board (IPAB), a component that has the potential to do great harm to American health care.  But then, the PPACA is 2000-plus pages long; there’s lots of mischief in it.  (The Romneycare bill was only 86 pages.)  But this is all beside the point.  The President does not have a line-item veto, so if a Republican Congress repeals PPACA, Romney cannot pick and choose which pieces to preserve.  He’ll sign and we’ll be rid of it.  There’s no other way this can happen.

3. Supreme Court Appointments

Mr. Stolyarov sees a “clash of interpretations [legal philosophies] as too many steps removed from the outcome of a Presidential election. To be sure, the President may appoint Supreme Court justices, but that is all. How the justices subsequently rule is out of the President’s hands.”

It’s true but completely irrelevant that how justices rule is out of the president’s hands.  From a libertarian standpoint, progressive legal theories are worse than libertarian legal theories, obviously.  It’s also obvious to those who study the matter closely that Romney is far more likely to appoint justices sympathetic to libertarian theories than is Obama.  The two candidates are not even roughly similar in this regard.  This alone is sufficient to make Romney the lesser evil, and is a place where he might well do positive good.  Alternatively, if Obama appoints three Ginsburg clones, it will be a very dark day indeed.

4. Economic and Fiscal Issues

I’ll admit that this is the weakest part of my argument.  But still, on environmental regulation, Obama is clearly worse.  It even appears that EPA may have put new energy regulations on hold until after the election.  It’s very likely that an Obama victory will lead to much heavier regulation of one of the bright spots in our economy, the boom in hydrocarbon production.

On fiscal policy, neither candidate (and neither party) has seriously grappled with America’s looming sovereign-debt crisis.  It’s quite obvious, though, that Democrats would be much happier seeing government take a greater share of the economy in revenue than Republicans would – the recent battles over the debt ceiling are evidence of that.

Conclusion

I’ve made two very distinct lines of argument in this exchange.  Concerning the philosophical issues of a voter’s moral responsibility, I think Mr. Stolyarov has largely talked past my arguments.  In the end, I don’t think a voter should worry about “moral responsibility.”  My advice to a libertarian voter: study the principles, issues, and candidates carefully, and then vote (or abstain) according to whatever you think will do the most to further liberty.  Don’t waste any additional effort contemplating the moral responsibility you’ll allegedly bear.

Concerning whether Mitt Romney is the lesser evil, Mr. Stolyarov provides lengthy critique of Romney, a case for voting for a libertarian alternative such as Gary Johnson, and blistering scorn for the Republican leadership and their treatment of Ron Paul’s supporters.  In each case, he does so eloquently.  But these are tangential to the question at hand – is Mitt Romney the lesser of two evils?  I think that I’ve made a strong case that from a libertarian standpoint, Romney, bad as he is, is superior to Obama.  In the end, we’ll never know, of course.

Dr. Charles N. Steele is the Herman and Suzanne Dettwiler Chair in Economics and Associate Professor at Hillsdale College in Hillsdale, Michigan. His research interests include economics of transition and institutional change, economics of uncertainty, and health economics.  He received his Ph.D. from New York University in 1997, and has subsequently taught economics at the graduate and undergraduate levels in China, the Russian Federation, Ukraine, and the United States.  He has also worked as a private consultant in insurance design and review.

Dr. Steele also maintains a blog, Unforeseen Contingencies.

by

Why Mitt Romney Will Not Benefit Liberty – Stolyarov’s Response to Steele – Part 2 – Article by G. Stolyarov II

1 comment

Categories: Politics, Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

The New Renaissance Hat
G. Stolyarov II
October 25, 2012
Recommend this page.
******************************

Here, I continue my exchange with Dr. Charles Steele regarding the 2012 U.S. Presidential election and the question of whether either Barack Obama or Mitt Romney have any merit as candidates or whether one can be preferred to the other. In “The Imperative of Libertarian Rejection of the Two-Party Trap”, I addressed the question of whether it can be morally legitimate to vote for a lesser evil, and concluded that it is not – particularly where a fundamentally dishonest and deceptive ticket such as Romney/Ryan is concerned. (Readers can also see the aforementioned article for a list of links to the previous installments of this exchange.) Here, I respond to Part 2 of Dr. Steele’s previous response: “Romney v. Obama: Tweedledum and Tweedledee?”.

I will first say that I have no intention of defending Barack Obama or claiming that his second term would not be “as bad” as Dr. Steele portrays. Barack Obama has, in many ways, been responsible for a massive growth of the American police and surveillance state, as well as an expansion of militaristic interventionism abroad. His economic policies have, likewise, been highly damaging to liberty and prosperity alike. Drone attacks on innocents, molestation at the airports, an escalating War on Drugs, persecution of whistleblowers, attempts to conflate Wikileaks with crime and terrorism, health-insurance mandates, bailouts and subsidies to political cronies, inflationary monetary policy, reckless deficit-spending fiscal policy, support for draconian “cybersecurity” legislation that would fundamentally curtail Internet freedom and subject billions of individual communications to monitoring by error-prone algorithms, continuing maintenance of CIA torture facilities (a.k.a. “black sites”) abroad, and the “audacity” to insists that the President of the United States has the authority to assassinate any American citizen abroad, or indefinitely detain any American citizen in the United States, based on his mere say-so – all that (and more along similar lines!) has been the legacy of Obama’s first term. I have absolutely no intention of defending Obama – except in cases where the accusations against him are simply factually untrue, or where his administration happens to have stumbled upon a decent and reasonable policy.

One important question to ask is, “Why has Mitt Romney not emphasized virtually any of the above tremendous harms of the Obama administration?” At the Free and Equal Third-Party  Debate, all four of the participants (Gary Johnson, Jill Stein, Rocky Anderson, and Virgil Goode) had scathing criticisms of Obama’s administration in some (or, in the case of Gary Johnson, most) of the areas mentioned above. Ron Paul’s criticisms of Obama were similarly severe, and similarly on target. The perceptive observer, then, is left to wonder why Mitt Romney’s campaign completely ignores the actual harms caused by Obama during his first term and instead focuses on criticisms that are trivial at best or disingenuous and dishonest at worst. Is it, perhaps, that Romney would himself perpetrate the travesties discussed above, and perhaps intensify them? Is it, perhaps, that Romney’s political base actually insists that he attack Obama for not being “tough” enough with regard to certain military engagements and infringements on civil liberties?  (One must remember that Romney himself stated during the Republican debates that he would have signed the indefinite-detention provision of the NDAA. Furthermore, Romney expressed strong support for SOPA and the Protect IP Act before reversing his stance once it became apparent that continued endorsement of these bills would be politically ruinous.)

Rather than defend Obama or contrast him favorably to Romney, I will respond to each of Dr. Steele’s points by following a general theme: that Mitt Romney is cut from the same cloth as Obama policy-wise, and is even worse personality-wise. Obama, for all of his erroneous and dangerous views and actions, at least seems to have an ideological system that he endeavors to realize, however imperfectly and however subject to political maneuvering and backtracking. Romney, on the other hand, seems beholden to no principles. David Javerbaum has aptly characterized Romney as engaging in “quantum politics” – e.g., “Mitt Romney will feel every possible way about an issue until the moment he is asked about it, at which point the many feelings decohere into the single answer most likely to please the asker.”

This, then, can be seen as my response to Dr. Steele’s point regarding the “general vision” of the two candidates. Dr. Steele wrote that “This presidential election is not so much a choice between Mr. Romney and Mr. Obama as it is between two competing visions of the role of government.” I respond that the two parties do not represent competing visions, because the Republicans – by nominating Mitt Romney – have shown that they do not represent any vision whatsoever, or at the very least that their “vision” is a blank to be filled by the expediencies of the day. A left-progressive vision, however erroneous or even dangerous in some respects, is at least relatively predictable – though even many left-progressives (e.g., Rocky Anderson of the Justice Party) are themselves disgusted at the course the Obama administration have taken and strike me as a lot more honest and at least capable of doing good in certain areas (e.g., civil liberties), as compared to either the Democratic or the Republican establishments.

I certainly do not see in Romney/Ryan or the Republican establishment the barest shred of “the view that government is limited by the rights of the individual, and that most of civilization is built by free people acting in the market.” Romney’s incessant ads in Nevada about how he opposes Barack Obama’s “threats” to Social Security and Medicare are a case in point; he is just another establishment campaigner who tells various segments of the electorate what they want to hear, and portrays his rival as a terrible menace. But more importantly, the Republican establishment has shown that it not only cares little for individual rights in theory – but it is ready to trample upon them in practice, through the fraudulent and sometimes violent manner in which supporters of Gary Johnson and Ron Paul were effectively disenfranchised during the nominating process and – at the Republican National Convention – were met with a “rule change” (adopted over the loud objections of the delegates) that will effectively bar grassroots delegate selection in perpetuity. The Republican Party, by preventing even their previously most ardent grassroots supporters from rising to positions of prominence in future elections, has closed itself off from any connection with individuals or the free market. It has become the party of oligarchic elites – the party of crony corporatism and entrenched political favoritism. To be sure, the Republican Party does need its “useful idiots” to mobilize mass fervor against the Democrats and win elections. Hence, the Republican establishment fails to quell xenophobic, theocratic, and racist bigotries (e.g., the oft-repeated claims that Obama is an atheist Muslim who was not born in the United States). Even though the Republican elites are too intelligent to fall for such nonsense themselves, they are too callously manipulative and devoid of principles to discourage sentiments that may be politically useful to them.

Dr. Steele writes that “conservatives are far more skeptical of government than are progressives” – but this refers to a conservative movement that was perhaps of this sort some thirty years ago during the Reagan era (in rhetoric at least), but not at all today. While Dr. Steele asserts that “the Republican Party is the party of skepticism about government”, the Republican Party gave us unprecedented expansions of federal-government power during the George W. Bush era. Indeed, a principal observation regarding  the Obama administration’s deleterious effects for liberty is that Obama has built upon the foundation that George W. Bush created, with few material departures. Today’s Republican Party is a mix of neoconservatism, theoconservatism, crony corporatism, and pop-conservatism. Libertarianism is not a material component of the Republican agenda – other than occasional lip service to libertarians during election years – just to get their vote. Every election season, the Republican Party courts libertarians, and every time it has electoral success, it simply discards any pretense at pursuing even a quasi-libertarian agenda. When was the last time that a Republican victory has brought about any policy shifts in a remotely libertarian direction?  In the face of such repeated bait-and-switch tactics, how many times does it take to learn not to fall for them again? How many times do good libertarians need to be deceived by entrenched political elites who have no intention of diminishing the scope of their power?

Dr. Steele contrasts the Democratic and Republican platforms, but even the shreds of pro-liberty sentiment in the Republican platform were hard-won from the establishment by the tireless activity of Ron Paul’s supporters on various Republican committees. These friends of liberty were faced with procedural manipulations and threats from the establishment for attempting to introduce pro-liberty platform planks, and it is certainly salutary that they succeeded. But they were able to plant a few saplings of liberty into extremely hostile soil. The Republican establishment will never accept libertarians and will try, at every turn, to undo these hard-won gains. Attempting to accommodate the Republican establishment will turn libertarians into mere tools for specific establishment aims – as exemplified by the case of Rand Paul, who was largely ignored by Romney after achieving the useful (to Romney) goal of splitting the Ron Paul movement by endorsing Romney. Rand Paul was merely given a speech at the Republican National Convention – but that was largely it in terms of his “gains” from the endorsement. The liberty movement certainly did not gain even that much, as no policy victories were won by Rand Paul’s action. Another potential approach, that of overruling the establishment and “taking over” the party, has become close to impossible after the National Convention, and so the only reasonable course of action left to libertarians is to abandon any connection to the Republican Party and act entirely outside of its confines.

On the matter of free speech, Dr. Steele writes about the threat of Jim McGovern’s proposed “People’s Rights Amendment”, which would overturn the Supreme Court’s Citizens United decision. While this proposed amendment is certainly problematic, I do not see a direct connection between it and Barack Obama. Certainly, some high-profile Democrats support it, but that is no guarantee that it would pass or that Obama would endorse it if he received a second term. As an analogy, numerous Republicans have voiced support for overturning the Supreme Court’s Roe v. Wade decision on abortion (including through the means of “right to life” Constitutional amendments – and Republican candidates for President have often endorsed this course of action far more vocally than Obama has ever commented on the Citizens United decision. Yet Republicans elected to office are virtually powerless to do anything about Roe v. Wade, due to the vestiges of the separation of powers that remain. There are dire ways in which free speech is being eroded in the United States, but campaign finance is one of the least concerning areas in this respect. I am far more disturbed by the violent suppression of peaceful political protests (e.g., the pepper-spraying incident at University of California Davis in November 2011, for which the University has now offered to generously compensate the victims), as well as the overarching surveillance state which is emerging due to the domestic “War on Terror”. Internet monitoring of the sort contemplated by CISPA and the National Security Agency’s planned data center in Utah would surely have a chilling effect on free expression online. Likewise, the intimidation and harassment that some of Romney’s supporters have directed at supporters of Ron Paul and Gary Johnson certainly are not helping the cause of free speech. As someone who personally experienced such attacks, I would certainly not trust the attackers’ candidate of choice with safeguarding my rights under the First Amendment.

Dr. Steele is also concerned about the purported Democratic opposition to the right to bear arms under the Second Amendment. Yet the right to bear arms is one area in which liberty has actually made progress over the past decade – and this progress has largely been untouched by Obama during his first term in office. While the Democratic platform may call for some restrictions on gun ownership, even this language is mild compared to the rhetoric of the gun-control movement in the 20th century (particularly prior to the decline of crime rates in the 1990s).  Due to Supreme Court decisions such as Heller and concealed-carry laws in various states, widespread gun ownership has been subject to fewer legal restrictions in recent times, coinciding with the continued drop in rates of violent crime. This recognition that liberalization of gun laws did not lead to crime increases, combined with the extreme strength of interest groups such as the National Rifle Association, should keep at bay any attempts to limit Second Amendment rights at the federal level – no matter which party controls the Presidency. The greatest threat to gun-ownership rights remains at the local level, particularly at educational institutions that attempt to impose “gun-free” zones where not even teachers and administrators can bring weapons that could deter potential shooters and immediately disable any who are not deterred.

Regarding PPACA/Obamacare/federal Romneycare, Dr. Steele responds to my argument that Romney would not veto it by stating that “the PPACA is much hated by the Republican base (for that matter the majority of Americans dislike it).  A repeal would be extremely popular.  It’s simply incredible to think that a President Romney would defy his party and practically 100% of his supporters in order to save Barack Obama’s hallmark program. “ Dr. Steele “can’t imagine anything else he could do that would make him more likely to lose the GOP nomination in 2016.” This assumes, however, that the political base matters to Republicans like Romney to any greater extent than as vessels for whipping up sentiment and winning elections. It is much more likely that the Republican Party strategists will rely on the perceived political amnesia of the masses and will hope that the public in 2016 will have forgotten any promises to repeal PPACA. Romney has already anticipated this behavior and publicly backtracked on his promise to repeal PPACA and stated that there are many portions that he would retain. Most likely, the worst part of PPACA – the individual mandate – which Obama initially opposed but was persuaded by politically powerful health insurers to include, will be among the parts that Romney – being the representative of corporate cronyism that he is – will retain. It is true that Romney might support some partial reforms to PPACA, but if the individual mandate remains, then these reforms would amount to a mere reorientation of PPACA in an even more corporatist direction, rather than a repeal or a movement toward a more free-market outcome. Under Romney, there might be fewer requirements and restrictions regarding the behavior of health insurers – but, in the status quo, those mandates and restrictions largely have the effect of partially (and, in the fashion of Mises’s “dynamic of interventionism”, with severe unintended negative consequences) compensating for the pernicious effects of the individual mandate. A Romney-style amended PPACA might simply enable health insurers to exploit their new captive clientele with few limitations or checks.

Dr. Steele writes that “it’s not clear that Romneycare and Obamacare really are the same thing, despite a similar basic framework. The Massachusetts bill signed by Romney was different from that which was implemented.  Romney used his line item veto on a number of the more draconian parts of the bill.  The Democratic legislature overrode these vetoes, and the bill was implemented by a Democratic governor who further altered it.  Furthermore, at the time Romney signed the bill, the situation in Massachusetts insurance markets was far worse than perhaps anywhere else in the United States.  In this context, Romneycare – at least Romney’s version of it – was arguably an improvement over the status quo in Massachusetts.  Thus when Romney argues that the reform might have been right for Massachusetts but not for America in general, he’s not necessarily being disingenuous.”

The best way to determine how similar or different Romneycare is from Obamacare is to consult the economist who designed both, Jonathan Gruber, who recently stated regarding the individual mandates of the two systems in particular, that “They are very similar […] They aren’t the same exact mandate, but they have the same basic structure.” Because the individual mandate is by far the most pernicious part of PPACA, this is enough of a similarity to make Obamacare and Romneycare fundamentally more alike than not. It is also appropriate to consider the statements made by Romney. As is typical with Romney, he vacillates on the matter of whether Obamacare does or does not resemble Romneycare, but he did praise Obama for incorporating elements of Romneycare into PPACA. In April 2012, Romney even explicitly praised the individual mandate! The distinctions that Romney makes are that (1) Romney’s plan was state-based rather than federal (as if he had a choice as Governor of Massachusetts – and besides, bad ideas have to start somewhere, and Massachusetts was Gruber’s training ground), (2) that Romney’s plan did not raise taxes (which is false; Alex Seitz-Wald points out that the penalties for failing to purchase insurance, which the Supreme Court has now ruled to be taxes, were higher under Romneycare), (3) that Romney’s plan did not cut Medicare (again, a defense of the Medicare status quo on Romney’s part), and (4) that Romney’s plan did not include price controls (but Massachusetts does impose price controls now, as Ben Domenech points out – and this may have been Romneycare’s logical evolution).

Dr. Steele also writes regarding the possibility that Obama would appoint “democratic constitutionalist” justices to the Supreme Court, which would result in the spread of “the notion that our Constititutional rights should not be considered “absolute” sense, but rather subject to international norms.” Dr. Steele believes that “Romney is unlikely to draw from this crowd, and far more likely to draw from judges with at least some sympathy for the new federalism.” While I certainly prefer the interpretation which Dr. Steele calls the “new federalism” over “democratic constitutionalism”, I see this particular clash of interpretations as too many steps removed from the outcome of a Presidential election. To be sure, the President may appoint Supreme Court justices, but that is all. How the justices subsequently rule is out of the President’s hands. Indeed, it was the George W. Bush appointee John Roberts who cast the deciding vote to uphold the constitutionality of PPACA’s individual mandate. The 2005 Kelo v. City of New London eminent-domain decision was joined by George H. W. Bush appointee David Souter and Ronald Reagan appointee Anthony Kennedy. And, as I previously pointed out, the Florence v. Board of Chosen Freeholders decision of April 2012 was entirely the doing of the “conservative” bloc (including Anthony Kennedy). If the “new federalism” of these judges considers strip searches without criminal suspicion or material risk posed by the individual being searched to be constitutional, then perhaps it is not that strong of a safeguard of our liberties after all. But largely, my point is that any given Supreme Court justice is too much of an unknown quantity upon appointment for one to be able to make any decisions regarding the appointer on the basis of whom he might potentially, conceivably appoint – that is, if a vacancy appears in the first place and if the Senate would confirm that appointment.

Regarding which candidate is more anti-entrepreneur, Dr. Steele writes that “Mr. Stolyarov suggests that Romney is anti-entrepreneur in practice, but it is small entrepreneurs who are most hurt by regulation.  Large established firms have teams of lawyers and accountants and frequently can benefit from gaming the rules; in practice, Obama is a greater threat to entrepreneurship.” But it is precisely the large established firms that will be explicitly favored by a Romney administration – as evidenced by Romney’s support for the various bailouts and “stimulus” plans of 2008-2009. (Incidentally, it was Romney who said during the first Romney-Obama debate that “You couldn’t have people opening up banks in their — in their garage and making loans.” This is clearly a statement of opposition to small entrepreneurship and an expression of desire to protect entrenched large financial firms from competition by innovative startups.) The only difference between Obama and Romney is that, while Obama supports subsidies to “alternative” businesses (and financial firms), Romney supports subsidies to “traditional” businesses (and financial firms) – combined with a heavy dose of mercantilist protectionism (evidenced by numerous Romney campaign flyers sent out in Nevada about how Obama is allegedly “selling out” the United States to China by endorsing foreign-made products). Romney is the candidate of politically connected Wall Street firms and large banks (who also hedge their bets by donating large amounts of money to the Democratic Party). If he is elected, these entities will be free to continue to enrich themselves at taxpayers’ expense, while socializing their losses. Bailouts and labyrinthine federal rules are key to the continuation of this exploitation of taxpayers by connected financial firms – and Romney is virtually certain to encourage the proliferation of such measures.

Dr. Steele writes that “Romney and Ryan have been willing to put forward the idea that entitlement programs as they exist are unsustainable and must be radically restructured.  Obama assures us this won’t happen.” Yet it is Romney/Ryan whose ads continually denounce Obama for “threatening” Social Security and Medicare and promise that Romney/Ryan will not take those benefits away but will rather “strengthen” those programs. Gary Johnson, when observing the first Romney-Obama debate, repeatedly pointed out that the two candidates were in competition regarding who could make more extravagant promises to preserve Medicare. I agree that the federal entitlement programs are unsustainable, but Romney, like Obama, is happy to argue for their perpetual existence as a way of gaining votes in the short term – at the expense of long-term prudence.

On taxation, Dr. Steele writes that “Obama has stated a clear preference for increases in marginal rates on higher income earners, higher corporate taxes, and an increasing number of tax breaks, this last for purposes of social engineering (a.k.a. buying votes).  Romney has endorsed a reduction in marginal rates and a broadening on the base by eliminating deductions and exemptions.  The latter approach reduces the economic distortions of taxation and also returns it to the purpose of collecting revenue, rather than shaping citizens’ behavior to match politicians’ goals.” While I certainly do not support Obama’s approach (or any tax increases at all), it is not at all clear that Romney’s approach is preferable – especially since, as Dr. Steele acknowledges, we do not know quite what it entails, and Romney keeps contradicting himself regarding its contents. What we do know for certain, though, is that Romney’s planned massive increases to military spending are mathematically irreconcilable with any sensible fiscal policy or any description of Romney’s tax plan. If fiscal responsibility is to be the deciding issue of this election, then Obama might even be preferable to Romney because while Obama’s budget plan aims to increase military spending very slightly, Romney’s plan would lead it to skyrocket. Ultimately, unsustainable foreign entanglements have led to the United States’ budget surplus from the late 1990s turning into a massive deficit. Without significantly curtailing American military spending and engagements abroad, resolving the current fiscal mess is impossible. The Economist points out that, more generally, Romney’s statements are mathematically incoherent, and his tax plan, as publicly presented, would not be able to solve the United States’ fiscal problems without significant tax increases on middle-income-earners.

Dr. Steele concluded his essay with some thoughtful caveats, and I would also like to mention a few of my own, though they cannot be said to arise from any virtues on Romney’s part. First, a Romney victory could galvanize Democrats to behave in a manner more reminiscent of the George W. Bush era, during which many of them actually opposed American foreign entanglements and expressed outrage at violations of civil liberties. As Glenn Greenwald points out, Obama’s election has led many of Obama’s supporters to become blind to the administration’s abuses of civil liberties at home and abroad. Perhaps, if the Democrats again become the party of the opposition, the old civil-liberties sentiments could be revived and strengthened (even if only to be used as a tool of political convenience against the Republicans). Second, Romney and Obama might both be mere figureheads of a larger political establishment: the “bipartisan” consensus – implemented by a federal bureaucracy whose operations do not shift due to a change in leadership, and existing to serve elites whose real power arises from connections and does not depend on particular formal titles. If this is the case, then Obama’s or Romney’s individual presence or influence in office might not amount to much at all. Therefore, the outcomes in terms of policy might be the same irrespective of which one of them wins. Third, interestingly enough, a similar irrelevance might be anticipated if Dr. Steele is correct in stating that “If elections and political processes do anything in this regard [expanding liberty], it will be simply to respond to and formalize advances made by civil society.” In that case, a politician who seeks to retain office would have little choice but to succumb to the pressures of civil society sooner or later, and the party in power does not matter so much, except possibly with regard to the timing and tone of that acquiescence. (An example of this is the recent initially reluctant but subsequently strong expression of support for legalized same-sex marriage by Barack Obama, who originally campaigned against it, but whose hand was essentially forced by the public discourse of the issue.)

Yet, with all this said, I can anticipate one major harm of a Romney victory that might outweigh all possible incidental benefits. That harm is the normalization of lying in American politics. As I discussed above and in Part 1 of my response, Romney is a different breed of politician, in that he does not have a shred of consistency on virtually any issue – and is willing to lie even when lying is not necessary to gain him political advantage. A Romney victory would convey a clear signal to the electorate and to political pundits and strategists that facts do not matter and honesty does not matter in politics. Of course it is true that many politicians today make false promises and selectively portray the truth; Romney is far from the first. But the overt factual falsehoods stated by Romney and Ryan are a different and more egregious sort of lies from the false promises, vague generalities, and dissembling characteristic of more “traditional” American politicians. A Romney victory would complete the transformation of American elections into reality shows with much rhetoric and fanfare, but no substance; it would finalize the disconnect between the basis for the people’s decisions in electing a candidate and the actual policies that candidate implements (based, presumably, on consideration of more reliable and accurate information than the nonsense disseminated on the campaign trail). A Romney victory would cement the unfortunate conviction of many on the political Right in the United States that they are entitled not just to their own opinions, but also to their own facts (which may, in Orwellian fashion, morph into their diametrical opposites based on the political agenda du jour). I am reminded here of Mises’s discussion in Human Action of the errors of polylogism. A Romney victory would create a peculiar sort of “Republican logic” or “conservative logic” that employs “Republican facts” or “conservative facts” that differ from the objective facts which, well, happen to be true. Already, the derision aimed at fact-checking organizations by many on the Right today foreshadows this unfortunate possibility – which would render the entire conservative movement (and any libertarians who ally with it) a historical irrelevancy and laughingstock, but not before it inflicts tremendous human suffering in the manner of virtually every major polylogist movement in history.

This brings me to the last point of discussion with Dr. Steele, the matter (discussed in the comments of my Part 1) of whether the Romney campaign has misrepresented the Obama administration’s approach to work requirements for welfare eligibility. I note that this is a matter on which a wide spectrum of sources are unanimous – including The Washington Post (which leans Republican), ABC News, and NPR. PolitiFact (which also leans rightward) has called the Romney campaign’s statements on this matter “pants on fire” lies.

Dr. Steele writes that “Robert Rector, one of the authors of the original reform act, has given a detailed and careful argument for why he considers the move by Obama’s HHS move a gutting of the requirements.” It seems that Rector actually originated the claim that the HHS memorandum of July 12, 2012, would “gut” welfare reform. This is his blog post of the same day, making that claim. It is clear that, akin to the dynamics of the game of “telephone”, the Romney campaign took Rector’s statements and exaggerated them further to claim that Obama’s administration has already “announced a plan to gut welfare reform by dropping work requirements” – when in fact no such plan has been made,  no waivers of any nature have been requested or granted, and the HHS memorandum specifically cautioned against dropping work requirements. Rector (unlike the Romney campaign) at least provides some details for his interpretation, but it appears to be one remote hypothetical possibility among many, at best, and it is at odds with the explicit statements of the Obama administration that work requirements will not be dropped. Another of the authors of the TANF program, Ron Haskins, stated to NPR that “There’s no plausible scenario under which it [the HHS memorandum] really constitutes a serious attack on welfare reform.” The NPR article perceptively observes: “So why continue beating this drum? Partly because people believe it.” This is a prominent illustration of the cynical and manipulative conduct of the Romney campaign. Facts do not matter to Romney and Ryan; the public appeal of any particular message – even if it is factually false – does.

Dr. Steele also writes that GAO has declared that contrary to what the Obama administration has argued, HHS has overstepped its bounds in this matter and by law must submit the proposed changes to Congress.” Yet the GAO letter does not comment on the practical effects of the HHS’s waiver authority on work requirements. It simply states that the HHS’s attempts to exercise such authority constitute a “rule” under the Administrative Procedures Act, and that this “rule” must be submitted to Congress for its approval. Perhaps it must. Yet this is not, per se, support for the contention that Obama has “gutted” welfare work requirements.

Furthermore, the American Conservative Union article linked by Dr. Steele states that “No state has submitted a waiver request. Nor have any been approved. The GAO report has effectively blocked all Sebelius-led changes to TANF work requirements, but what would have it have done [sic]? The specific changes would vary from state to state, depending on whether a state requests a waiver and whether HHS approves the proposed new methods.“ This is precisely the opposite of the Romney campaign’s contention that the Obama administration “gutted” welfare work requirements. First, no actual waivers have even been granted, so any “gutting” is hypothetical only. Second, if any waivers are to be granted, the specific changes would vary by state and would largely depend on what a particular state requests. Again, it is entirely unwarranted to leap from the ability of a state to request a waiver of certain specific methods to the presupposition that the waiver would entail an elimination of work requirements altogether (which elimination is contrary to federal law in any case).

To conclude, I reiterate my question of why Romney is even emphasizing this non-issue so strongly – when there is a myriad of actual atrocious infringements of liberty by the Obama administration which could be used to legitimately denounce Obama’s first term? The only reason that suggests itself is that Romney would commit more of the same infringements, and any differences with Obama are superficial only.

1 2 3 4 5 6