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

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

The New Renaissance Hat
Mark Thornton
November 12, 2012
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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.

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

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

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

The New Renaissance Hat
G. Stolyarov II
November 12, 2012
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                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!”

Illiberal Belief #6: Good Intentions Are Enough – Article by Bradley Doucet

Illiberal Belief #6: Good Intentions Are Enough – Article by Bradley Doucet

The New Renaissance Hat
Bradley Doucet
November 11, 2012
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  There is a tendency among some people to focus almost exclusively on intentions. They may not explicitly believe that motives are all that matter, but they speak and argue as though that were the case. They spend a lot of time praising people they think have good intentions, who they imagine will act in ways that are beneficial to others, while condemning those they think have bad intentions, who they imagine will act in ways that are beneficial to themselves (either disregarding others or knowingly injuring them).There are several reasons why being overly concerned with people’s intentions in this way is misguided. First, it is simply not possible to be sure what another person’s motives are in any given instance. We are not mind readers, so when we infer someone’s intentions from his or her actions and declarations, we do so with a greater or lesser amount of uncertainty. To claim to have knowledge of another person’s mind is simply arrogant. It is sometimes not even possible in certain cases to be sure about our own motivations, much less someone else’s. This is because intentions are complex. We likely have several reasons motivating any given action, some of which even push us in opposite directions.

A second problem with obsessing about intentions is that actions which benefit oneself often benefit others as well. If I work in order to make money, those who voluntarily purchase the product of my labour also benefit, and this is equally true of any voluntary market transaction. This kind of self-interest should be praised as the motor that drives the world to become ever more prosperous, with condemnation reserved for that sub-category of self-interested actions which actually do harm the interests of others.

Finally, it has been said before, but it bears repeating: the road to hell is paved with good intentions. Good intentions alone—even redefined to include benign self-interested intentions, and even setting aside the very real knowledge problems involved—are simply not enough. What’s the use in wanting to help the poor, for instance, if the manner in which I choose to do so succeeds only in perpetuating their plight? If one wants to do good, one must actually learn how to do good, or one may very well inadvertently end up making things worse. Instead of wasting time judging people based on what we imagine their intentions to be, we should focus on whether what they are saying makes sense, and on whether the results of their actions are actually good.

Bradley Doucet is Le Quebecois Libré‘s English Editor. A writer living in Montreal, he has studied philosophy and economics, and is currently completing a novel on the pursuit of happiness. He also writes for The New Individualist, an Objectivist magazine published by The Atlas Society, and sings.
Election Analysis: “Show Me Your Papers!” – Article by Charles N. Steele

Election Analysis: “Show Me Your Papers!” – Article by Charles N. Steele

The New Renaissance Hat
Charles N. Steele
November 11, 2012
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In my haste to let the religious right have it, I missed something important that suggests the GOP problem is deeper than just religious nuttery: the GOP has systematically refused to address immigration issues seriously.  Worse, they’ve adopted nativist hostility to immigrants and treat immigration as purely a law enforcement issue, one in which “suspicious-looking people” need to be ready to show their papers at any point.
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Hispanics voted almost 3 to 1 for Obama over Romney.  Anyone surprised by this wasn’t paying attention.  In a number of Republican forums this past year Hispanic politicians and party activists — all GOP members — voiced frustration that the primary campaigns were making it difficult for them to feel they had a place in the party.  Recall that the one and only intelligent thing Rick Perry said in his entire campaign was that children of illegal immigrants ought to be able to attend college at in-state tuition rates, since it was better that they be educated and productive rather than welfare cases.  It’s also the only thing for which conservatives raked him over the coals.
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Hispanics are about one sixth of the U.S. population and account for more than 50% of population growth.  Good luck selling them on the idea that Spanish accents and not-quite-white skin are cause for further police inquiries.

In fact, illegal immigration ought to be something conservatives support.  The primary reason people enter the country illegally is to work. Serious academic work dating at least to Julian Simon’s excellent book (available here for free!) have found that immigration, including illegal immigration, is on net beneficial for an economy.  Immigrants work harder and take less in government benefits.  Their work raises wages for non-immigrants.  They have higher rates of entrepreneurial activity.  In the recent financial crisis, illegal immigrants who were subprime borrowers had far lower rates of mortgage default than citizen subprime borrowers.  One would suppose that these would be the sort of people one would want to welcome, not drive away.  One would think these people would be prime constituents for a free-market message.

Certainly there are problems of crime, of crowding of public services, etc., associated with immigration, but many of these are at heart problems of the welfare state, rather than immigration.  Fixing these makes sense; fixating on immigration doesn’t.

If the nativists got everything they wanted on immigration — iron control over impervious borders, strict limits on who can enter, and deportation of 100% of all illegals — no important economic or social problem would be solved and the economic situation would be worse, not better.  But this wish list is impossible; economic forces cannot be legislated away, and neither can the human spirit.

The current Republican position on this issue is best described as stupidity, and one more reason they drove away potential voters.

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.

The Follies of Gun Control – Video by G. Stolyarov II

The Follies of Gun Control – Video by G. Stolyarov II


A satirical commentary by Mr. Stolyarov on the wildly unrealistic assumptions made by those who wish to restrict private individuals’ gun-ownership rights.

This video is based on Mr. Stolyarov’s essay, “The Follies of Gun Control“.

Remember to LIKE, FAVORITE, and SHARE this video in order to spread rational discourse on this issue.

Support these video-creation efforts by donating at The Rational Argumentator.

“Occupy” Protesters Have Rights, Too – Article by G. Stolyarov II

“Occupy” Protesters Have Rights, Too – Article by G. Stolyarov II

The New Renaissance Hat
G. Stolyarov II
November 4, 2012
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I am generally skeptical of the “Occupy” movement and have expressed my ambivalence and criticisms here, here, and here in the past. However, for all of my disagreements and reservations, I will defend the rights of fellow human beings when they are infringed. And, without question, “Occupy” protesters have rights, too – rights that have been shamelessly violated in the brutal crackdowns on “Occupy” protests which occurred last year.

In response to my passing mention of the pepper-spraying incident at University of California Davis in November 2011 (for which the University has now offered to generously compensate the victims), Dr. Charles Steele wrote, “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.’”

First, the facts of the situation do not bear out the allegation that anyone’s ability to use the UC Davis facilities was substantially impeded. The protesters blocked a sidewalk; that is all. Surely, anyone who wished to get from one facility to another could have walked around.

Second, the protesters were students who were paying customers of the university. Even though the right to use public property is a somewhat nebulous area (since it is funded through the payments of large numbers of people with competing preferences), it is clearly the case that a paying user of property – especially one who pays the immensely generous sums that often constitute tuition these days – should have a considerable degree of prerogative, as long as the property is not damaged and remains usable to others. This whole incident is a glaring demonstration of the power asymmetry between universities and their students. What other institution (especially a privately owned and funded institution) would treat its customers in this way? Would any private country club be able to get away with pepper-spraying its donors who happened to be sitting on the sidewalk approaching a golf course (without being in the way of the game)?

It is clear that the protest was not intended to obstruct the everyday goings-on at the university. Rather, like the many special events that regularly occur at every university, it was intended to attract attention to an issue important to students – in this case, the protesters’ grievances, justified or not. There is no evidence that the protesters befouled the grass and sidewalk they occupied, or that they prevented other students and faculty from passing through on unrelated business.

Third, even if the protesters violated a formal rule of the university (which is itself unclear), proportionality was not followed in the response. To physically damage a person for breaking a prohibition whose violation physically hurt no one is clearly not a proportionate punishment. Nor was the attempt to evict the protesters through any kind of force justified with respect to this kind of petty violation (if it was one). Even if it could justifiably be said that the protesters were clearly, unambiguously in the wrong in occupying the sidewalk, they should not have been interfered with forcibly during their occupation. An appropriate remedy would have been to inform them of the nature of their violation and to present them with a subsequent punishment that did not involve bodily harm. Preferably, the punishment should have been related to any alleged harms. Examples could include sidewalk-cleaning duty, or fines that reflect the estimated “economic cost” of the obstruction (if there indeed was one).

But, even more importantly, I fail to see how a clear criterion can be established to delineate which “occupations” of the sidewalk would constitute violations of other people’s rights. With regard to genuine public thoroughfares (e.g., roads and railroads), the delineation can be clearly made with regard to whether the flow of vehicle traffic is obstructed. But, on a mere sidewalk, how long would one need to dally in order to be considered a violator? Would sitting for a mere minute suffice? What about standing for a minute? What about standing for five seconds? What about walking really slowly so that others have to walk around? What about walking really slowly because one has a disability? What about walking at a moderate pace when the culture of the university encourages most people to be ultra-rushed and adopt a rapid pace at all times? What if a person occupies the sidewalk for a much longer time period, but no one else is around to use it? Ultimately, no such arbitrary delineation can be made – and if none can be made, then we must err on the side of permissiveness. The ability for people to peacefully express themselves is too precious for anything less to be done in the attempt to preserve it.

On Moral Responsibility in General and in the Context of Voting – Article by G. Stolyarov II

On Moral Responsibility in General and in the Context of Voting – Article by G. Stolyarov II

The New Renaissance Hat
G. Stolyarov II
November 3, 2012
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Here, I aim to briefly outline the general nature of moral responsibility as well as its implications for how a person ought to approach voting in an election.

Moral Responsibility in General

The source of all morality is the life of the human individual. As I explain in my video series, “Life as the Origin and Basis of Morality” (see Part 1 and Part 2), the life of the individual is the necessary precondition for any moral system, and therefore the preservation of that life is the foremost moral principle. The principle has to be universalizable to all individuals, or else one’s claim to the legitimacy of protection for one’s own life would be arbitrary and simply a matter of “might making right” (that is, if one can protect oneself against stronger individuals who do not recognize this legitimacy). If, however, one recognizes that the moral primacy of life is an abstract principle that can be applied to every person, then one can justly claim the moral high ground in defending one’s own right to life as an implication of this principle.

The existence of moral responsibility arises from two facts: (i) human beings can choose their actions, and (ii) various human actions can have varying degrees of beneficial or harmful consequences to human life. An action is moral if it benefits the life of any human being (including the actor) without harming any other human being. An action is immoral if it directly and unavoidably harms the life and infringes on the legitimate prerogatives of any human being – even if some other party might benefit from the action. Because each individual human being is an end in him- or herself, no action that “benefits” some people by harming others can be considered moral.  The deliberate and direct infliction of harm upon any person trumps any possible benefit that can be gained from an action. Furthermore, in reality (contrived hypothetical “train-track” scenarios notwithstanding), it is causally impossible for a harm to result in a benefit and for genuine benefit to be unachievable without harm.

Moral responsibility can be a source of both praise and criticism. A person should be praised if he is morally responsible for a beneficial action. A person should be criticized if he is morally responsible for an accumulation of sufficiently harmful actions. It is possible for a generally good person to be morally responsible for a harmful action. This alone does not make the person evil, and a person may compensate for a harmful action through restitution to its victims. Once appropriate restitution has been made, the harmful action should cease to adversely affect our judgment of the perpetrator. However, restitution to persons other than the victims would not suffice, because the benefit of one person cannot outweigh the harm done to another. If irreversible harm has been done, the moral wrong cannot be fully righted, and therefore the perpetrator must always bear some degree of moral responsibility. However, the adverse judgment of the perpetrator can be mitigated if the victim remains alive and decides that the perpetrator can confer a certain alternative benefit that would compensate for the harm without undoing it.

To clarify, this principle does not prohibit or denounce the use of force in order to defend oneself against harm or to punish a wrongdoer who has inflicted harm, as long as the punishment is proportional to the harm and has the effect of preventing future harm committed by such a wrongdoer. However, the retaliatory use of force is only appropriate if directed against genuine wrongdoers, exercised with extreme care for its proportionality, exercised lawfully, and performed without “collateral damage” to innocents. Infliction of harm upon an innocent person is never morally justified, for any goal.

A person is only morally responsible for actions directly within his or her control. A person does not bear any share of “collective guilt” for the actions of others whom somebody deems to be “similar” to that person in some respect. Neither does a person bear any “blood guilt” for the actions of ancestors or descendants. Sometimes a person’s actions may contribute to a larger harm – as when large numbers of people make poor decisions that result in a combined substantial damage to the lives of some innocents. In that case, each person whose actions directly contribute to the harm bears some degree of moral responsibility, in proportion to his or her contribution to the harm. However, in such cases, it is extremely difficult to isolate the contribution of any particular individual, and so the most practical remedy is not restitution, but rather the persuasion of individuals to desist from continuing to contribute to the harm.

Because moral responsibility relates to actual benefit and harm to human beings, there can be no moral responsibility for “victimless” actions, though one can bear moral responsibility for either benefiting or harming oneself. The moral responsibility for harming oneself can only be compensated for through reparations to oneself – i.e., through performance of actions that benefit oneself and undo the harm. Thus, actions that harm oneself alone cannot be undone by adhering to the dictates of others, and so no prohibition or external punishment can ever be appropriate for such actions. This is why a legitimate legal system would only prohibit and punish harm inflicted by an individual upon others and would allow an individual to harm himself without legal penalty. In this way, a class of immoral actions (harms to oneself) ought to be entirely legal. If an action does not damage the life of either oneself or others, then it can be neither illegal nor immoral.

While morality ultimately focuses on consequences, an individual’s intent in carrying out an action can have long-term effects on that individual’s moral standing. It is possible to have ill intent in carrying out an action but, through good fortune, to end up harming no one. In that case, no moral responsibility can exist because no one has been harmed. However, a person who continues to act upon ill intent is extremely likely to cause actual harm through repeated action. Therefore, acting with ill intent is like a game of Russian roulette as far as moral responsibility is concerned. One might escape moral responsibility any given time, but the probability of incurring it in the future is close to certain. Furthermore, acting with ill intent ultimately damages the individual’s capacity to choose morally, as it results in the reinforcement of habits of thought which oppose the preservation of human life and the cultivation of human civilization.  Likewise, good intent can assist an individual in committing moral actions by cultivating habits of thought that render moral choices easier. However, good intent must be reflected in benefits to human life before an action can be considered moral. Good intent cannot absolve a person of moral responsibility for a harmful act, though it should (if aided by an understanding of cause and effect) assist the person in avoiding similar harmful acts in the future.

 Moral Responsibility and Voting

In any scenario of voting, the individuals who participate are numerous, and the outcome results from an aggregation of individual votes. No given person can be said to specifically be responsible for the outcome of the election being one way or another, even if the outcome results from a difference of one vote (because anyone else’s one vote would have had the identical impact). Nonetheless, if the outcome of an election is the rise to office of politicians who perpetrate harmful actions, then the people who voted for those politicians share some of the moral responsibility in the harms – since, without the vote, those politicians would most likely not have come to power (unless they staged a coup). A clear case of this is the moral responsibility of the Germans in 1933 who gave Hitler’s Nazi Party the plurality of the vote. Were it not for this moral sanction, the harms committed by the Nazi Party would never have come to pass. Of course, the moral responsibility of the typical German voter who supported Hitler was slight compared to the moral responsibility of the actual Nazi leaders and their followers who actually partook in carnage and destruction. Nonetheless, by committing an action that clearly demonstrated support for the Nazi Party, even the otherwise peaceful Germans who voted for it helped to make its atrocities possible.

A person who does not vote for a winning candidate (either by voting for a losing candidate or by not voting at all) cannot have moral responsibility for what transpires when the winning candidate is elected, because he did not grant support to and sometimes explicitly opposed the winning candidate. He can therefore justifiably say, of what transpires afterward, that it did not transpire with his approval or assistance. In electoral situations, it is seldom the case that a single person can make all the difference (unless he is exceptionally good at persuasion of vast numbers of people), but a single person can choose not to be part of the problem. This is why a person should always vote his conscience (if he votes at all) and should never support a candidate who might commit incremental harm relative to the status quo, in that person’s view. However, a person could justifiably support a candidate who might bring about incremental benefit, even if that benefit is not as comprehensive as the voter might desire.

It is important to note that voting for a candidate who would commit incremental harm is not justified by the presence of a candidate whom one expects to commit even greater harm. Because harm can never bring benefit, it should follow that the infliction of lesser harms can never avert greater harms. The person who actively supports a move in the direction of harm (relative to the status quo) simply legitimizes the political system’s infliction of harm upon himself and others. By signaling to the political system that he will tolerate a certain degree of incremental worsening of his situation, he invites politicians to gradually ratchet up the degree of harm they cause, as long as they can claim (justifiably or not) that their opponents would bring about even greater harm.

In this case, what is the nature of the moral responsibility of the person who votes for a “lesser evil” in his mind? If the “lesser evil” loses, then there is clearly no moral responsibility if the person did not otherwise engage in harmful behavior to promote the “lesser evil” or to damage those who criticized the “lesser evil.” However, support for a losing “lesser evil” can lead to unfortunate habits of thought that would leave one vulnerable to the entreaties of politicians who intend to inflict harm. Just like ill intent in committing an action leaves one vulnerable to committing harm in the future, voting for a losing “lesser evil” leaves one vulnerable to voting for a winning “lesser evil” in the future. If one votes for an incrementally harmful candidate who wins, then one does share in the moral responsibility of those actions which a reasonable person could have anticipated on the basis of the candidate’s past record, rhetoric (including any tendencies for duplicity and lies contained therein), and character. This moral responsibility is clearly not of the same caliber as the moral responsibility of the politician who actually inflicts the harms, or the enforcers who act on his behalf. Furthermore, because the moral responsibility of voters is always highly dispersed, it is impractical to design appropriate restitution for it. Rather, the sole practical remedy is for the voters in question to recognize the mistake of their prior actions and, in the future, to work to the extent of their abilities to undo the harms of the winning candidate’s actions in office. For instance, a person who recognizes that he was deceived into supporting a “lesser evil” who won can focus his efforts on defeating this politician or similar politicians as the next election approaches. This person could also work at persuading others not to make similar mistakes.

The most reliable way to avoid adverse moral responsibility in voting is to vote for a candidate whom one considers to be an improvement over the status quo in absolute, not relative, terms – and without regard for how others might vote. Morality is not based on consensus, but on objective truth. One’s own understanding of objective truth, and the continual pursuit of improving that understanding, is the best path to moral action and the habits of thought that facilitate it.

As the ISideWith.com survey of voter preferences shows, if voters truly voted in accordance to their understanding of the most preferable courses of action, the American electoral landscape in 2012 would be quite different. For one, the 2012 Presidential contest would clearly be between Gary Johnson and Barack Obama, rather than between Obama and Mitt Romney.

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

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

The New Renaissance Hat
Charles N. Steele
October 26, 2012
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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.

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

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

The New Renaissance Hat
G. Stolyarov II
October 25, 2012
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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.