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If the Word “Liberal” Is Up for Grabs, Can We Have It Back? – Article by Jeffrey A. Tucker

If the Word “Liberal” Is Up for Grabs, Can We Have It Back? – Article by Jeffrey A. Tucker

The New Renaissance Hat
Jeffrey Tucker
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A spectacular column in The New York Times by novelist Lionel Shriver makes the point. The new literary and academic establishment in the humanities has become so illiberal, particularly in its preposterous condemnation of “cultural appropriation,” that even the word liberal itself is falling out of fashion.

It’s so bad that Shriver was denounced and condemned for arguing that it is just fine for novelists to write characters into their work that are not of the same cultural, racial, and demographic background of the writer. Not very controversial, right?

Explosion followed. Yes, that’s how bad it’s gotten out there. The literary habit that built civilization, the musical tactic that brought us the Nutcracker and Carmen, the technological tendency that build modernity from the Middle Ages to the present, the political rhetoric that ended slavery and emancipated women, the artistic strategy that has brought the world together in mutual understanding and in unprecedented ways, now stands condemned as the micro-aggression of cultural appropriation.

She writes:

How did the left in the West come to embrace restriction, censorship and the imposition of an orthodoxy at least as tyrannical as the anti-Communist, pro-Christian conformism I grew up with? Liberals have ominously relabeled themselves “progressives,” forsaking a noun that had its roots in “liber,” meaning free. To progress is merely to go forward, and you can go forward into a pit.

Protecting freedom of speech involves protecting the voices of people with whom you may violently disagree. In my youth, liberals would defend the right of neo-Nazis to march down Main Street. I cannot imagine anyone on the left making that case today.

It’s right. The people who stole the word liberal  – gradually circa 1900-1933 – seem to be in the process of tossing out the last modicum of respect for liberty they had even as recently as ten years ago. If you are considered a thief for showing appreciation for other cultures, learning from people unlike yourself, using art and literature to draw attention to certain human universals, there is really nothing left of liberty.

If these are your views, you really should relinquish the word liberal. And the truly great thing is that this is happening right now thus leaving it, perhaps, to be reappropriated by actual lovers of liberty.

Do Not Talk about Beyoncé’s Lemonade!

I experienced the intolerance for disruptive ideas earlier this year in the strangest way. Beyoncé’s Lemonade – a feature-length pop operetta about betrayal and forgiveness –  had just come out. I devoured it, was challenged by it, learned from it, and found themes within it that I was ready to write about: particularly the Hayekian themes I found in the work.

However, just as I started putting together my thoughts, the Internet filled up with dire warnings: if you are a white man, do not write about Beyoncé’s Lemonade!

I can’t write about Beyoncé’s Lemonade? Really? Why not? Because it is a story about the experience of black women in America, and it would be disrespectful to appropriate this experience and this art to serve your own private desire to interpret the work.

Others took a more moderate position: do not yet write about Beyoncé’s Lemonade. Give it a few days, a few weeks, a few months, so as to allow women of color to at least have the first chance to comment and write.

Now, I can’t say I was entirely intimidated to silence by this demand. However, I did hesitate, maybe briefly perceiving some plausibility to the claim. It makes some sense that the intended audience would become the dominant voice of interpretation. I’m ok with that, but would my adding my voice somehow prohibit this? I doubt it, seriously.

Still, I was thinking. So I let it go. The next day, I actually asked a “woman of color” who is a friend, and she said, “that’s the dumbest thing I’ve ever heard. I want to know what you as a white man have to say about this!” That was cool, but I felt the moment passing.

Did I really relish hurling myself into the meat grinder of leftist fanaticism, being condemned as a racist cultural appropriator because I dared to say something about Beyoncé’s Lemonade? Not much. It is always easier not to speak than to speak.

As I look back, this was a mistake on my part, but it does illustrate how illiberalism and dogmatic demands to keep your thoughts to yourself can have a chilling effect on public culture.

Who Is Against Freedom of Speech Today?

In the postwar period, the mantle of principle on the matter of free speech moved from left to right. Recall that William F. Buckley’s God and Man at Yale (1953) was essentially an argument against academic freedom. It said that leftists were invoking this principle to advocate for ideas (atheism and Keynesianism) that contradict the values of the donating alumni to Yale itself. It was due to this erudite but essentially illiberal treatise that the postwar right gained the impression of being “anti-intellectual.”

What a difference sixty years make. Today the organizations most passionately for academic freedom and freedom of speech are the Young Americans for Liberty, the Students for Liberty, and the Foundation for Individual Rights in Education – three organizations that, rightly or wrongly, are considered to be on the right side of the political debate. At this very time, the other side has developed a kind of allergy to the demand for free speech. Everyone is triggered by everyone else.

Around the same time, Leonard Read and his circle deeply regretted the loss of the term liberal. With some reservations and lingering doubts, they revived the term libertarian as a substitute. It was supposed to be a synonym. But IMHO, it’s not nearly as good because it lacks the history, the broadness of mind, the high aspiration for society as a whole.

The True Meaning of Liberal

There really is only one way forward. That is the way offered by the liberal tradition – a tradition variously and pragmatically sampled by the left and the right but not really believed in full by either. After all, if your ambition is to control society, you can’t really claim the mantle.

It’s a beautiful thing that the word itself seems to have been abandoned by all modern political players, who prefer other terms. Fine. Liberalism has the most brilliant heritage in every language. It means individual rights, freedom of expression and enterprise and association, suspicion of government, and a confidence that society can organize itself better on its own without any institution making and enforcing a central plan.

Liberalism built civilization. It makes sense that the word would be abandoned when the dominant players in politics today have every interest in tearing it down by circumscribing freedom. But therein lies an opportunity.

In 2015 I made a commitment to stop using the term liberal in a derogatory way. I think I’ll complete this year by committing to using it in a completely positive way. Will you join me? We might be the only self-described liberals in the United States, and, perhaps then, we can make a contribution to regaining the term’s true meaning.

Or we might just say, reappropriate it.

Jeffrey TuckerJeffrey Tucker

Jeffrey Tucker is Director of Content for the Foundation for Economic Education and CLO of the startup Liberty.me. Author of five books, and many thousands of articles, he speaks at FEE summer seminars and other events. His latest book is Bit by Bit: How P2P Is Freeing the World.  Follow on Twitter and Like on Facebook. Email

This article was originally published on FEE.org. Read the original article.

Where Does the Term “Libertarian” Come From Anyway? – Article by Jeffrey A. Tucker

Where Does the Term “Libertarian” Come From Anyway? – Article by Jeffrey A. Tucker

The New Renaissance HatJeffrey A. Tucker
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The word “libertarian” has gained new prominence due to the strange politics of our time. According to Google Trends, its use as a search term in the US is at a 10-year high.

It’s long. It’s awkward. It always needs explaining. In America, it’s a word for both a party and an ideology. And the wars over what it actually means never end.

What I haven’t seen is a serious investigation into the modern origins of the use of the term that might allow us to have a better understanding of what it means.

Thanks to FEE’s archiving project, we now have a better idea. As it turns out, libertarianism is not a strange new ideology with arcane rules and strictures, much less a canon of narrowly prescribed belief. It predates the Libertarian Party’s founding in 1972. The term came into use twenty years earlier to signal a broad embrace of an idea with ancient origins.

To be sure, if we go back a century, you will find a 1913 book Liberty and the Great Libertarians by Charles Sprading (reviewed here). It includes biographies of many classical liberals but also some radicals in general who didn’t seem to have much affection for modern commercial society. It’s a good book but, so far as I can tell, the use of the term in this book is an outlier.

Apart from a few isolated cases – H.L. Mencken had described himself as a libertarian in 1923 –  the term laid dormant on the American scene for the following 50 years.

The Liberty Diaspora

Toward the end of World War II, a small group of believers in liberty set out to fight and reverse the prevailing ideological trends in media, academia, and government. During the war, the government controlled prices, wages, speech, and industrial production. It was comprehensive planning – a system not unlike that practiced in countries the US was fighting.

A flurry of books appeared that urged a dramatic change. In 1943, there was Rose Wilder Lane’s Discovery of Freedom, Isabel Paterson’s The God of the Machine, and Ayn Rand’s Fountainhead. In 1944, there was F.A. Hayek’s Road to Serfdom, Ludwig von Mises’s Omnipotent Government, and John T. Flynn’s As We Go Marching.

These powerful works signaled that it was time to counter the prevailing trend toward the “planned society,” which is why Leonard Read established the Foundation for Economic Education in 1946. It was the first institute wholly dedicated to the cause of human freedom.

As of yet, no word was used to describe the ideological outlook of this group of thinkers. To understand why, you have to put yourself back in the confusing period in question. The war had entrenched the New Deal and dealt a serious blow to those who wanted the US to stay out of foreign entanglements. The political resistance to the New Deal was completely fractured. The attack on Pearl Harbor had driven the anti-war movement into hiding. The trauma of war had changed everything. The pro-liberty perspective had been so far driven from public life that it had no name.

Resisting Labels

Most of these dissident thinkers would have easily described themselves as liberals two decades earlier. But by the mid-1930s, that word had been completely hijacked to mean its opposite. And keep in mind that the word “conservative” – which had meaning in the UK (referring to the Tories, who were largely opposed to classical liberalism) but not in the US – had yet to emerge: Russell Kirk’s The Conservative Mind wasn’t published until 1953.

In addition, Leonard Read resisted labeling the pro-freedom ideology, and for good reason. An ideological system with a name seems also to indicate a plan for how society ought to be managed and what a nation ought to strive for in detail. What he and others favored was exactly the opposite: the freedom for each individual to discover the right way through an emergent process of social evolution that never stops. There was no end state. There was only a process. They rightly believed labels distract from that crucial point.

We Need a Word

And yet, people will necessarily call you something. The problem of what that would be vexed this first generation after the war, and the struggle was on to find the right term. Some people liked the term “individualist,” but that has the problem of de-emphasizing the thriving sense of community, and the vast and intricate social cooperation, that result from a free society.

Kirk’s book on “conservatism” appeared in 1953, but this term frustrated many people who believed strongly in free markets. Kirk had hardly mentioned economics at all, and the traditionalism he highlighted in the book seemed to exclude the classical liberal tradition of Hume, Smith, Jefferson, and Paine. The book also neglected the contributions of 20th century advocates of freedom, who had a new consciousness concerning the grave threats to liberty from both the right and left.

In 1953, Max Eastman wrote a beautiful piece in The Freeman that discussed the reversal of the terms left and right over the course of the century, and deeply regretted the loss of the term liberalism. Among other suggestions, Eastman proposed “New Liberalism” to distinguish them from the New Deal liberals. But in addition to being awkward in general, the phrase had a built-in obsolescence. He further toyed with other phrases such as “conservative liberal,” but that had its own problems.

We are Liberals but the Word Is Gone

They were all struggling with the same problem. These people were rightly called liberals. But the term liberalism was taken from them, and they were now homeless. They knew what they believed but had no memorable term or elevator pitch.

A solution was proposed by Dean Russell, a historian of thought and a colleague of Read’s who had translated many works of Frédéric Bastiat. In May 1955, he wrote the seminal piece that proposed that the term libertarian be revived:

Many of us call ourselves “liberals.” And it is true that the word “liberal” once described persons who respected the individual and feared the use of mass compulsions. But the leftists have now corrupted that once-proud term to identify themselves and their program of more government ownership of property and more controls over persons. As a result, those of us who believe in freedom must explain that when we call ourselves liberals, we mean liberals in the uncorrupted classical sense. At best, this is awkward and subject to misunderstanding.

Here is a suggestion: Let those of us who love liberty trade-mark and reserve for our own use the good and honorable word “libertarian.””

So there we have it: libertarian is a synonym for what was once called liberal. It meant no more and it meant no less. It is not a new system of thought, a new ideology, a new revelation of some highly rarified political outlook with detailed answers to all of life’s problems. It was proposed as nothing more than a term to describe a tradition of thought dating back hundreds of years in the West and with even ancient origins.

Liberalism = Libertarianism

Liberalism is a term that describes the general conviction that freedom is the best solution to the whole problem of social interaction. Put another way, liberalism celebrates the primacy of freedom and rejects power and central authority as both ineffective and morally corrupting.

Russell then goes into specifics. Libertarianism is “the opposite of an authoritarian. Strictly speaking, a libertarian is one who rejects the idea of using violence or the threat of violence—legal or illegal—to impose his will or viewpoint upon any peaceful person.”

A libertarian believes government should “leave people alone to work out their own problems and aspirations.”

A libertarian, continued Russell, “respects the right of every person to use and enjoy his honestly acquired property—to trade it, to sell it, or even to give it away—for he knows that human liberty cannot long endure when that fundamental right is rejected or even seriously impaired.” A libertarian “believes that the daily needs of the people can best be satisfied through the voluntary processes of a free and competitive market” and “has much faith in himself and other free persons to find maximum happiness and prosperity in a society wherein no person has the authority to force any other peaceful person to conform to his viewpoints or desires in any manner. In summary: “The libertarian’s goal is friendship and peace with his neighbors at home and abroad.”

Chodorov Weights In

He must have made a persuasive case. Frank Chodorov came on board, making exactly the same point in an essay in National Review, printed on June 20, 1956:

“The bottle is now labeled libertarianism. But its content is nothing new; it is what in the nineteenth century, and up to the time of Franklin Roosevelt, was called liberalism — the advocacy of limited government and a free economy. (If you think of it, you will see that there is a redundancy in this formula, for a government of limited powers would have little chance of interfering with the economy.) The liberals were robbed of their time-honored name by the unprincipled socialists and near socialists, whose avidity for prestige words knows no bounds. So, forced to look for another and distinctive label for their philosophy, they came up with libertarianism — good enough but somewhat difficult for the tongue.”

Read Comes Around

Even Leonard Read himself came around to using the term. He used it freely in his famous 1956 essay “Neither Left Nor Right.” Then in 1962, Read wrote The Elements of Libertarian Leadership. He again made the point that a libertarian is no more or less than a substitute for the term liberal:

“The term libertarian is used because nothing better has been found to replace liberal, a term that has been most successfully appropriated by contemporary authoritarians. As long as liberal meant liberation from the authoritarian state, it was a handy and useful generalization. It has come to mean little more than state liberality with other people’s money.”

A Big Tent

There you have it. The content is nothing new. It is a broad umbrella of people who put the principle of freedom first. In its inception, libertarianism included: constitutionalists, believers in limited government, objectivists, anarchists, localists, agorists, pacifists, brutalists, humanitarians, and maybe monarchists too. It included deontologists, consequentialists, and empiricists.

The term was designed to apply to everyone who was not a partisan of central planning. It did not refer to a narrow doctrine but to a general tendency, exactly the same as liberalism itself. And that liberal principle was that individuals matter and society needs no overarching managerial authority to work well.

Nor does it need to refer only to people who have a consistent and comprehensive worldview. Let’s say you want lower taxes, legal pot, and peace, and these are the issues that concern you. It strikes me that you can rightly call yourself a libertarian, regardless of what you might think on other issues once pressed.

For this reason, the endless fights over who is and who isn’t a libertarian are beside the point. There are better and worse renderings, better and worse arguments, better and worse implications, and it is up to all of us to do the hard work of discovering what those are. Whatever the results, no one can lay exclusive claim to the term. There are as many types of libertarians as there are believers in liberty itself.

To be sure, there are still plenty of problems with the term. It is still too long, and it is still too awkward. It will do for now, but notice something: the left-wing partisans of central planning don’t seem to embrace the word “liberalism” as they once did. They prefer the term “progressive” – a misnomer if there ever was one!

Does that leave the word liberal on the table for the taking? Maybe. That would be some beautiful poetry. I say again, let’s take back the word “liberal”.

Jeffrey Tucker

Jeffrey Tucker

Jeffrey Tucker is Director of Content for the Foundation for Economic Education and CLO of the startup Liberty.me. Author of five books, and many thousands of articles, he speaks at FEE summer seminars and other events. His latest book is Bit by Bit: How P2P Is Freeing the World.  Follow on Twitter and Like on Facebook. Email

Buy Team America? – Article by Gary M. Galles

Buy Team America? – Article by Gary M. Galles

The New Renaissance Hat
Gary M. Galles
August 18, 2012
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Samuel Johnson once wrote that “patriotism is the last refuge of a scoundrel,” criticizing adverse policies and proposals falsely claimed to be based in patriotism. This has been most recently illustrated by the political furor over “made-in-China” Team USA uniforms. Many politicians asserted that it was un-American, with Senate Majority Leader Harry Reid saying those uniforms should be burned. Supposedly patriotic pressures to mandate “buying American” sprang up immediately, and Ralph Lauren quickly capitulated, promising to “go and sin no more.”

While some of the details of this flap are unusual, protectionism dressed up as patriotism follows a well-worn script.

Imports are found to cause some domestic harm. Given that those imports harm competing domestic producers, “Buy American” or some other version of protectionism is put forth as the patriotic response (with the producers seeking protection from superior competitors leading the patriotism bandwagon). The Team USA version simply exploits the Olympics’ peak in pro-American sentiment and symbolism to make the same case (though it makes no more sense than requiring that we grow our own coffee and bananas for our athletes).

The problem is that imports always harm competing domestic producers, so that the patriotism argument can always be used as political cover whenever any domestic producers get the government’s ear. And there are always politicians ready to listen.

One person who recognized the abuses and illogic of this approach was Leonard Read. In particular, his chapter “Buy American,” in Having My Way (1974), lays out a better way to approach the issue.

The admonition to “Buy American” has two diametrically opposed meanings. The first is its popular and mischievous meaning — shun goods produced in foreign countries. The second, and loftier meaning embodied in these words, is rarely mentioned or thought of — shun principles and practices alien to the American dream of limited government and personal freedom.

Producers who plead with consumers to “Buy American” are appealing to blind patriotism. Buy my product because it is made here; heed not its price or quality. This is sheer chauvinism. Suppose I were to urge your acceptance of my ideas, rather than those of Marx or Machiavelli, merely because of our differing nationalities. The absurdity of such an appeal is obvious: neither goods nor ideas are properly judged in this fashion; geographical origin has nothing to do with the matter.

Read points out that that the traditional use of “Buy American” is to justify some citizens beggaring their own neighbors, rather than something that advances any sensible interpretation of our general welfare. However, there is an interpretation that does advance our general welfare. Don’t buy (i.e., accept and make use of) actions that violate the American principle of freedom to choose your own productive associations, as long as you don’t violate the common, inalienable rights of others.

Read recognizes that whether a principle is true or not has nothing to do with where it comes from (i.e., ad hominem or “against-the-man” attacks do nothing to invalidate something that is true, although you wouldn’t know it from political rhetoric). As a result, he offers an excellent way to test whether some supposed general principle is valid — change “Buy USA” to “Buy Chinese” or “Buy Mexican,” and ask if Americans would accept the proposition as true based on their patriotism. If it is really a general principle, it is as valid for others in their dealings with us as their potential suppliers as it is for us in dealing with them as our potential suppliers, and the answer would not change. We would support others’ protectionism just as much as our own. But if it is really special pleading, rather than a general principle, people’s answers would change, as when people hypocritically attack other countries for their protectionism at the same time we defend ours as principled.

Read also recognized that the extent of protectionism is far vaster than most people recognize.

All obstacles to competition, be they foreign or domestic, are but variants of this theme.

The difference between a ban on buying a foreign country’s products and imposing tariffs, quotas, or any of a host of nontariff barriers is only one of degree. Whether it benefits or harms Americans does not change; only the degree of such benefit or harm. Similarly, change “Buy American” to “Buy Local,” as with locavore campaigns in agriculture, and the logic is equally invalid.

Such protectionism goes well beyond international trade, as well.

Change the wording to “Buy Union,” as with project labor agreements and prevailing (higher-than-competitive) wage laws, and the logic is the same. Union members are protected from the competition of other workers who would work for less. But that protection not only harms nonunion workers; it also harms customers, whose costs are increased.

Price controls are also protectionism. For example, a minimum wage protects other workers from competing with those who would be willing to work for less, but it harms both those denied their most productive employment and consumers.

The vast majority of antitrust cases are also forms of protectionism. They are not brought by consumers, who generally gain from the practices involved, but by outcompeted rivals who want to take away others’ advantages — advantages passed on to customers. Those outcompeted rivals don’t want potential customers to go elsewhere — and use antitrust to restrict consumers’ ability to access superior options.

A vast array of licensing schemes follows the same pattern. They hide behind masks of quality or safety but primarily keep new competitors out and keep those who would offer lower-quality–lower-price options some customers would prefer from doing so.

Leonard Read offers a powerful solution, powerfully illustrated by America’s own past.

Enough of this mischievous notion. Let us try instead to appreciate and “buy” the American ideal of freedom.

Ralph Waldo Emerson had this to say: “America is another name for opportunity. Our whole history appears like a last effort of divine Providence in behalf of the human race.”

As to the best in political economy, consider the Constitution of the United States. Regardless of its several flaws, no other nation’s charter has equaled it in an economic sense.

In what respect is this distinctively American? Here is the answer: “No state shall without the consent of the Congress, lay any imposts on imports and exports … “

In a nutshell, no tariffs, quotas, embargoes between the several states…the world has never known a free trade area as large as the U.S.A. when measured in value of goods and services produced and exchanged. Never perfectly free, but the nearest approximation to freedom!

In other words, the freedom to associate for productive purposes however and with whomever one chooses, because people were protected from many of the violations of that principle that governments have imposed throughout history, was the essence of the American miracle. And at its heart, as Thomas Jefferson wrote, was “the first principle of association, the guarantee to everyone the free exercise of his industry and the fruits acquired by it.”

Further, Read’s focus on America’s free internal trade offers a counterpoint to a frequent misinterpretation. Those who defend protectionism as a valid principle claim that it was the protectionism adopted by the United States in the form of tariffs that advanced our staggering early economic success. While it is true that import tariffs were imposed, and eventually dramatically raised (see the history of the “Tariff of Abominations” as an example), that was not the source of our success any more than hurdles — which slow running speeds — should be given credit for increasing running speeds because hurdlers are fast. The reality is that the positive impact of our massive internal free-trade zone and other constitutional restrictions on government interference far outweighed the negative impact of international-trade restrictions.

Read then addresses one particular common defense of protectionism: the “infant-industry” argument that free trade may be good in general, but that industries must be protected until they can grow to a scale where they can compete, which amounts to a claim that the benefits of freedom require restricting the freedom that generates them.

In reality, it is competition which protects “infant industries” — it protects them from stagnation and persuades them to grow.

In the absence of competition and freedom of transactions, producers stagnate. It is only when others are doing better that one attempts to overcome, to gain strength. Competition, combined with free exchange, makes strong giants out of weak infants — this is the password to economic opportunity and well-being — an American idea well worth buying.

Read recognized that from the perspective of consumers it is the competition that takes place without artificial assistance or restriction that expands their options the most. It does not matter whether competition leads to a foreign producer who offers better terms because of superior efficiencies or if that producer is American. So there is no reason to artificially nurture American infant industries (which often claim to be infants virtually forever), because it is the results of real superiority that benefit consumers, and artificially tilting the playing field only inhibits the process that best discovers and passes on the gains of such superiority.

Read next turns to another test that rejects the logic of protectionism. If we accepted protectionism in principle, we would be for it in all cases. But, as he notes, we are all free traders when it benefits us. In other words, we recognize that we gain from free trade, except when we are the one benefitted by special treatment — necessarily at others’ even greater costs — by those restrictions. We abandon our own revealed preference for freedom only when bribed by receiving some of what is essentially stolen from others.

Regardless of all the noisy arguments to the contrary, everyone known to me favors both competition and free trade. Name one who does not favor competition among those from whom he buys. Logically, then, how can one favor competition among millions of others and be against it for himself! This is irrationality, not disagreement.

Precisely the same can be said for free trade — domestic or foreign. Name one who would not welcome an order for his products from another country or county. Everyone favors exports. Imports? Favoring exports and objecting to imports is the same as favoring selling and objecting to being paid. This is an absurdity, not disagreement.

Leonard Read realized that the logic of protectionism is riddled with errors and that the practice of protectionism, in its myriad forms, is theft that impoverishes everyone except those bribed by the gains of their protected status and those whose political clout greases those transactions. It is a far cry from either liberty or justice for all. Read’s conclusion:

What then is meant by “Buy American” in its proper sense? Let willing exchange prevail among all people, locally and worldwide. Let each buyer or seller be guided by his own scale of values. Sell the American way and buy the American way — not as presently practiced, but as once prevailed and ought to be reinstituted. Keep ours the land of opportunity for everyone.

Gary M. Galles is a professor of economics at Pepperdine University. Send him mail. See Gary Galles’s article archives.

You can subscribe to future articles by Gary Galles 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.

Is Serfdom an Executive Order Away? – Article by Sheldon Richman

Is Serfdom an Executive Order Away? – Article by Sheldon Richman

The New Renaissance Hat
Sheldon Richman
July 7, 2012
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Sometimes a step back helps to provide perspective on a matter. President Obama provided such a step with his March 16 Executive Order, National Defense Resources Preparedness. In it we see in detail how completely the government may control our lives—euphemistically called the “industrial and technological base”—if the president were to declare a national emergency. It is instructive, if tedious, reading.

President Obama claims this authority under the Constitution and, vaguely, “the laws of the United States,” but he specifically names the Defense Production Act of 1950. As Freeman columnist and Independent Institute Senior Fellow Robert Higgs observed, “Under this statute, the president has lawful authority to control virtually the whole of the U.S. economy whenever he chooses to do so and states that the national defense requires such a government takeover.”

We shouldn’t assume this is merely an academic exercise or that a third world war would need to break out. In the last decade, under circumstances representing no “existential threat” to our society, the executive branch has exercised extraordinary powers.

Reading the Executive Order, I was reminded of a quotation of Leonard Read’s: “[A]nyone who even presumes an interest in economic affairs cannot let the subject of war, or the moral breakdown which underlies it, go untouched. To do so would be as absurd—indeed, as dishonest—as a cleric to avoid the Commandment ‘Thou shalt not steal’ simply because his parishioners had legalized and were practicing theft.”

The Executive Order begins by authorizing executive-branch officers to “assess on an ongoing basis the capability of the domestic industrial and technological base to satisfy requirements in peacetime [!] and times of national emergency, specifically evaluating the availability of the most critical resource and production sources, including subcontractors and suppliers, materials, skilled labor, and professional and technical personnel.”

But these officials are to do more than assess. They are to be prepared to “ensure the availability of adequate resources and production capability,” to “improve the efficiency and responsiveness of the domestic industrial base to support national defense requirements,” and to “foster cooperation between the defense and commercial sectors. . . .”

Further, the President’s order notes his authority to “require acceptance and priority performance of contracts or orders (other than contracts of employment) to promote the national defense over performance of any other contracts or orders, and to allocate materials, services, and facilities as deemed necessary or appropriate to promote the national defense” (emphasis added).

That is, the executive branch is first in line for whatever it wants (except civilian labor—perhaps).

Under the section titled “EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY,” the heads of agencies engaged in procurement are authorized to “guarantee loans by private institutions,” “make loans,” and “make provision for purchases of, or commitments to purchase, an industrial resource or a critical technology item for Government use or resale, and to make provision for the development of production capabilities, and for the increased use of emerging technologies in security program applications, and to enable rapid transition of emerging technologies.”

Think of the potential for corporatist rent-seeking.

In the section on personnel we learn that the secretary of labor shall “collect and maintain data necessary to make a continuing appraisal of the Nation’s workforce needs for purposes of national defense and upon request by the Director of Selective Service, and in coordination with the Secretary of Defense, assist the Director of Selective Service in development of policies regulating the induction and deferment of persons for duty in the armed services.”

So along with the commandeering of private resources, there will be a draft, the commandeering of military (and other?) labor—that is, slavery by another name.

Advocates of the freedom philosophy have a dual concern: that the executive has virtually unchecked authority to declare an emergency and that in an emergency the private economy would be commandeered by government officers. The Executive Order is a breathtaking reminder that, as Higgs put it, “private control of economic life in the United States, to the extent that it survives, exists solely at the president’s pleasure and sufferance.”

Sheldon Richman is the editor of The Freeman and TheFreemanOnline.org, and a contributor to The Concise Encyclopedia of Economics. He is the author of Separating School and State: How to Liberate America’s Families.

This article was published by The Foundation for Economic Education and may be freely distributed, subject to a Creative Commons Attribution United States License, which requires that credit be given to the author.