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Libertarianism Politics

Fighting the Advil menace, one strip search at a time

Reason magazine had an excellent piece yesterday on the “Advil menace” and the extraordinary measures taken to ensure that 8th graders haven’t “adopted drug-smuggling practices associated with international narcotrafficking”.  Both funny and pathetic.  Well worth a read.

Categories
Election 2008 Liberalism Libertarianism Obama Politics

Republican Party to Ron Paul Supporters: Get lost!

[digg-reddit-me]One of the core magazine of the Republican conservative establishment has this explicit message to Ron Paul supporters:

[G]et lost. There should be plenty of room for [all of you] in Obama’s big tent.

The Republican party seems to be making no attempt to woo or otherwise capture the energy of Congressman Ron Paul’s supporters. I admired Mr. Paul’s campaign – even if I felt I could never support him. I believe that Mr. Paul’s campaign got some of the biggest issues facing America right – with regards to federalism, the balance of power, and executive overreach. On many other issues, I think he argued from a principled and insightful stance – one that those Republicans – and many Democrats – in power today do not take into account. In foreign policy, he was a military isolationist; on currency, he was against all regulation. These stances are radical – but reflect the reality of America less than a hundred years ago. Although many of those in power ignore this, there are still many fringe aspects of America that they ignore.

Now, the Republican party is rejecting the many young supporters of Mr. Paul – presumably because these elites see these supporters as part of the unwashed masses that get to have a say every four or so years, but who are essentially dumb creatures. There is a contempt for Mr. Paul’s supporters that is hard to fathom – especially for a party that is in decline.

I agree with Mr. Goldfarb of the Weekly Standard though. Barack Obama has many positions at odds with Mr. Paul. But I think Mr. Paul’s supporters can find something to support in Mr. Obama’s platform. And they are welcome in Obama’s big tent.

Here’s a grand liberal-libertarian alliance this November and beyond. (Do you hear me Kos? Freedom Democrats?)

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Election 2008 Libertarianism Obama Politics

God Damn the United States

ka1igu1a over at the Freedom Democrats writes with regret that Mr. Obama will soon take what he refers to as a “loyalty oath” to the United States in response to the Rev. Wright controversy. ka1igu1a believes that the core element of this controversy is the conflux of race and patriotism.

What ka1igu1a would prefer is that Mr. Obama declare that rather than being devoted to the United States, he is devoted to liberty itself as Sam Adams did when he declare, “God damn the King!”  He concludes:

But this Libertarian can’t help but to think, why, yes, God Bless Thomas Jefferson, God Bless the Cause of Liberty, but God Damn the United States.

I appreciate ka1igu1a’s point; and I do believe that principles must be placed over nationalism.  But I do not believe the two are mutually exclusive – and I believe I too love my country – abstract notion that it may be.

It is because I believe in the possibilities of America that I care about ensuring that the principles I support are practiced by our government; it is because I care about the abstraction that is America – not despite it – that I am critical.  Based on Mr. Obama’s comments, this seems to be what he believes as well.

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Liberalism Libertarianism Politics The War on Terrorism

Torture, law-breaking, and the American way

The debate over torture and the many other instances of law-breaking that have become the modus operandi of the Bush administration’s War on Terrorism has been distorted from the start. The liberals and libertarians who opposed warrantless wiretapping, torture, extraordinary rendition, and other legal, but questionable, tactics used by the Bush administration were – from the start – painted as giving “aid and comfort to the enemy.” The Republicans continue to say: “We just want to make America safe.” This is usually paired with an explicit or implicit message that, “Those who oppose us are weak.”

Liberals and libertarians have yet to find an effective way to respond to this argument – at least on a national level. I think the best approach is to point out that the Republican “strategy” is to preemptively surrender American liberties and the primacy of the rule of law out of fear. Acting out of fear is weak. This line of attack puts us back on the path to the argument we should be having – about the balance that needs to be struck between liberty and security.

It has become an aphorism that in order for a government to succeed in the fight against terrorism, it must win 100% of the time; but for a terrorist to succeed, they only need a single victory. Any counter-terrorism expert will concede that it is impossible to prevent terrorism 100% of the time. In trying to determine the balance we need between liberty and security, this must be a factor. For if we decide to give up certain rights temporarily to prevent terrorism – when there is another attack, it will be presumed that the government will need to go yet another step in taking rights to prevent the next attack. It is a cycle that leads – inevitably – to totalitarian government.

This is why for the good of the American experiment, for our way of life, we need to ensure that arguments over national security do not devolve into questions of “Who is passively supporting terrorism?” The Republicans – by launching this line of attack – are paving the road to serfdom in a way that any true conservative knows we must avoid. By framing the issue in this way – presumably merely for temporary political gain – they are preparing the American people to accept further deteriorations of liberties.

If one is to view the Republican’s position without context – as they defend the near indefensible – you can see how it is effective. By focusing on our worst fears, morality becomes skewed. But the Republican line of attack – even without proper context – inevitably raises tough questions: Would torture be moral if it was done to prevent a nuclear disaster? Would assassination? Would murdering an infant? If the stakes are so high – morality and legality become irrelevant.

By applying the “one percent doctrine” of acting as if one’s worst fears were imminent when there is an infinitesimal chance of these fears being realized, the Bush administration has taken the most extreme circumstances that might justify an exception and made them into normal policy. The Bush administration’s policy reflects fear rather than due consideration.

Republican commenters always bring up the “ticking time-bomb scenario” to justify torture. They say: under these circumstances, if your family and tens of thousands of others would die if you didn’t torture this man, wouldn’t you torture him?  ((I am trying here to view the argument in favor of torture as sympathetically as possible.  I know – and have written before – about how torture has generally been used to get confessions rather than to ascertain the truth. I doubt the efficacy of torture; psychologically, it makes little sense that it would cause individuals to “tell the truth”.  I have yet to see any significant studies of the effects of torture to wring the truth out of individuals – although I can see how it would be a difficult field to study.  You can’t very well torture people in a scientific study.))

I would.

And if the President of the United States believes that tens of thousands would die if he or she did not order the torture of an individual, would you expect the president to follow the law and refrain from torturing?

No – I would expect the president to order the person to be tortured.

But though Republicans make this argument to show that torture should be legal, it proves no such thing. Under either of the two above circumstances, the individual who made the decision to break the law should be held accountable to the law. If the president has ordered that a man be tortured because he thought it was necessary, he should go before the American people – and a duly constituted court of law – and explain what he did, and why he did it. If he does not do so, then until this is corrected, we cannot be considered a constitutional democracy – a nation where laws are above all individuals, no matter their position.

The biggest problem with the Republican arguments is that they are trying to make the exceptional circumstances the policy of the American government. What we must strive for instead is a balance between liberty and security.

Categories
Election 2008 History Libertarianism Politics

It Can’t Happen Here

[digg-reddit-me]Following the Ron Paul quote (quoting Sinclair Lewis), which I had heard before but never looked into, I came across Sinclair Lewis’s 1935 novel, It Can’t Happen Here. (The quote doesn’t appear to be in the book which is part of Project Gutenberg. But it clearly is related to the book which illustrates the concept.)

The title comes from a character in the novel who, upon being told that one of the Senators running for president would impose a “real Fascist dictatorship”, exclaims:

“Nonsense! Nonsense!” snorted Tasbrough. “That couldn’t happen here in America, not possibly! We’re a country of freemen.”

Lewis’s novel tells the story of anti-intellectual, populist Southern politician (loosely based on Huey Long, who also inspired the Governor in Robert Penn Warren’s All the King’s Men) called Berzelius Noel Weinacht Windrip, or Buzz Windrip. Windrip rides to power on Christian values and patriotic fervor. One character observes of the charismatic politician:

“I don’t know whether he’s more of a crook or an hysterical religious fanatic.”

Lewis observes that the candidate speaks with soaring rhetoric, but few specifics:

He slid into a rhapsody of general ideas – a mishmash of polite regards to Justice, Freedom, Equality, Order, Prosperity, Patriotism, and any number of other noble but slippery abstractions.

In a review, the Boston Globe noted that Buzz Windrip wins because of:

his easy-going personality…massive cash donations from Big Business; disorganization in the liberal opposition; a stuffy, aloof opponent; and support from religious fanatics who feel they’ve been unfairly marginalized

After being elected, President Windrip opens large detention centers – Guantanamo on a larger scale ((or if we were to stay closer to the period, like the Japanese internment camps)) – for enemies of the state, which is his label for supporters of the Constitution and traditional liberal democracy. He also creates a system of military tribunals to try these enemies of the state.

In another passage in the book, Lewis channeled today’s radicals – and John Edwards – in assailing the corporate political parties:

[T]he President, with something of his former good-humor [said]: “There are two [political] parties, the Corporate and those who don’t belong to any party at all, and so, to use a common phrase, are just out of luck!” The idea of the Corporate or Corporative State, Secretary [of State] Sarason had more or less taken from Italy.

I’m sure there are quite a few gems in this eerily prophetic work, but this is my favorite as the President Windrip explains why civil liberties, democracy, and the rest should be put aside for a time while the current Crisis is dealt with:

President Windrip’s first extended proclamation to the country was a pretty piece of literature and of tenderness. He explained that powerful and secret enemies of American principles – one rather gathered that they were a combination of Wall Street and Soviet Russia–upon discovering, to their fury, that he, Berzelius, was going to be President, had planned their last charge. Everything would be tranquil in a few months, but meantime there was a Crisis, during which the country must “bear with him.”

He recalled the military dictatorship of Lincoln and Stanton during the Civil War, when civilian suspects were arrested without warrant. He hinted how delightful everything was going to be – right away now – just a moment – just a moment’s patience – when he had things in hand; and he wound up with a comparison of the Crisis to the urgency of a fireman rescuing a pretty girl from a “conflagration,” and carrying her down a ladder, for her own sake, whether she liked it or not, and no matter how appealingly she might kick her pretty ankles.

The whole country laughed.

Looking at the book both through today’s Crisis, and the Crisis of 1935 – Great Depression and the opening rumblings of World War II – and comparing what this fictional Christianist Fascist did to what happened during both crises, one senses how easily republics can fail, and how fragile democracy is.

Categories
Election 2008 Law Liberalism Libertarianism Morality Political Philosophy Politics The Web and Technology

The libertarian liberal

Liberty Bell

[digg-reddit-me]My post of a few weeks ago got a bit of attention. I was called a Communist by one person. Someone else suggested I was a secret member of the long-defunct FBI program COINTELPRO. Markos Moulitsas of the Daily Kos approvingly linked to it from the main page of The Daily Kos. The Freedom Democrats had a small discussion, including the notation that they could tell that “the person who wrote it is not really a libertarian.” Enough people on reddit believed the post would cause damage to the candidacy of Ron Paul and down-modded it.

I have written this article in response to a few comments:

Libertas questioned:

Umm.. how exactly does ‘Kos Libertarian’ differ from the standard Democrat, other than opposing the various lobbies?
…What you are describing is not Libertarianism; it is the noble, but slippery slope to government expansion and to the loss of freedom.

A “Jay” opined:

It appears then that ‘Libertarian Democrats’ need to go look up the definition of ‘corporation’. If you would have done that first you might not have made an ass out of yourself and completely discredited yourself with such an absurd quote.

symphonyofdissent argued that:

… there is a real distinction between a progressive and a left-libertarian…Progressivism does not view the individual as the critical unit, but instead views society as a whole. The sacrifice of individual liberty is justified if it benefits society on the whole Libertarianism views individuals as the primary unit of interest.

erw wrote:

i think checking corporate power is seen as a non-issue for libertarians, since they believe:

1) the place to check corporate power is in the courts, if and when they harm you or your property.
2) corporate lobbies and special treatment are all by-products of a large federal government…

i think it just shows how much influence ron paul has. he is pulling democrats into his camp with fearless stances.

Fred Fnord had a thoughtful comment, which you should read in full.

This post is responding to a number of these points. As always, feel free to comment. ((As some people have noticed, your comment will not appear until I have approved it. This is only an anti-spam measure. I approve every comment that is not clearly spam; and I try to check as often as possible.))


The essence of libertarianism
I cannot do justice to the philosophy of libertarianism in a single post, and I will not try. But I think we can all agree that there are two main ideas at the base of a libertarian politics:

  1. I exist as an individual and I own myself; and
  2. “Where the State begins, individual liberty ceases, and vice versa.” ((By Mikhail Bakunin. I don’t mean to cite Bakunin as a typical libertarian, but only to take this quote and use it to express in a simple form one of the main precepts agreed to by all libertarians. I thought of using Ronald Reagan’s “Government is not the solution, it is the problem,” but that seemed a bit too specific. It was a conclusion, rather than a base.))

In a pragmatic sense, the goal, or the teleological end, of libertarianism is the promotion of individual liberty.

Coming to the libertarian liberal philosophy

To summarize the point both I and Markos Moulitsas were making:

Kos Libertarians ((I think the term “Kos libertarian” best describes the current movement of libertarian-minded Democrats, but that the term “libertarian liberal” best describes the pragmatic politics and philosophy.)) believe we do not need a government small enough to drown in a bathtub as Grover Norquist famously said. Rather, we need a government that is as small as possible, while still allowing it to act as a check against corporate power. In other words, Kos Libertarians believe we need a government that not only butts out of our life, but that guards our rights against others. ((As a commenter pointed out, the original phrasing (“that protects our rights against others”) can be read as an unfair interpretation of traditional libertarianism. Traditional libertarians would see the courts as the appropriate place for the government to mediate between parties and protect basic rights. What I should have said was that “Kos libertarians believe we need a government that not only butts out of our individuals lives, but guards our rights against others.” Libertarians liberals believe that the government must take an active role in pro-actively guarding individual rights.))

History has proven time and again that individuals and liberties will be trampled upon by the powerful without preemptive action by the government. Corporations take advantage of their special status ((Specifically limited liability provisions. And in response to “Jay”, although corporations are legally considered individuals, this is something commonly called a “legal fiction.” Philosophically, morally, pragmatically, physiologically, psychologically, and in every other way they are not. They are collectives.)) in order to circumvent legal responsibility for their actions. The kind of libertarianism favored by many towards the right-wing of the political spectrum involves going back to the 1890s, when corporations were first granted the rights of individuals and had few regulations imposed on them; and also when the government had fewer powers and intruded less on the life of the ordinary person.

But the changes that occurred after that point happened for a reason. The traditional libertarian remedy of requiring individuals to bring suit against companies for any harm done to them failed. Corporations exerted enormous power and subverted the courts to their will. They forced workers to toil in unsafe conditions; they made faulty products; they exploited natural resources without giving anything back to the community; they polluted the air, water, and soil. If the government had not stepped in in the early 1900s under Teddy Roosevelt and in the 1930s under Franklin Roosevelt, the capitalist system of free markets guided by “an invisible hand” would have perished. Government began to assume more power in a large part to act as a check against the corporate abuses of their growing power.

Yet by the 1980s, it was obvious to many Americans that the government could do great harm, even when it was trying to act beneficently. The welfare program helped entrench people in ghettos; the Vietnam War, fought to save the Vietnamese from Communism, had accomplished nothing; the national security system created to respond to the domestic and international threat of the Cold War had turned against dissenters and political opponents; the growing domestic spending led to huge deficits and inflation. The government was clearly a problem.

The libertarian liberal philosophy is a response to this moment in history – synthesizing the critique of capitalism inherent in the New Deal and the critique of government inherent in the Reagan Revolution.

What does a libertarian liberal believe

At the heart of American liberalism, there has always been a contradiction. American liberals have long fought for individual rights against the state – especially in matter relating to criminal law, civil rights, minority rights, and free speech. ((The American liberal’s record on free speech in the past twenty years though is significantly more checked.)) At the same time, American liberals fought for greater state intervention in the economy and daily life of the nation. The American liberal tradition had not acknowledged that by giving the state greater power, we were in effect conceding individual freedoms. Even if that power was required to be used to help individuals, it would inevitably have negative side effects, making these individuals dependent on the state and giving the government more power and ability to manipulate individuals.

Today, many liberals have come to see this reality. While we still believe that government can be used for good, we are much more cautious about what government can and should do.

The libertarian liberal approach is pragmatic rather than ideological. It is about maximizing individual liberty with one caveat: the moral duty to empower the impoverished and the disadvantaged. Maximizing individual liberty means using the government as a check against corporations; it means setting up checks and balances within the government itself; it means a strong media, willing to challenge the government and corporations; it means strong individual rights to keep the government and corporations in check; it means elections that are meaningful. To maximize individual liberties, we need to constantly balance the many competing forces in such a way as to give each person the rights that are their birthright.

The difference between a liberal and a libertarian liberal

The goals of liberals and libertarian liberals are similar if not the same. The difference is in the approach. For example, let’s look at health care. As a traditional liberal, Dennis Kucinich does not see value in a libertarian view of the problem. Government, for him, cannot be the problem; it must be the entire solution. He wants to eliminate the system as it is and impose a government-run health care plan on everyone, whether they want it or not. To take another example of a more pragmatic traditional liberal, Hillary Clinton, does not want to eliminate the system, but wants to work within it. She wants to take a number of steps to make it easier for the average person to buy health insurance, including opening up the plan used by members of Congress to the population at large. But she also plans to mandate that every person get and maintain health insurance.

Barak Obama’s plan is similar to Hillary’s but with one crucial difference. He too plans on taking a number of steps to make health insurance more affordable, and to open up Congress’s plan to the rest of the country, to invest more in health care infrastructure, and take a number of steps to reduce costs. But he will not force anyone adult to get health insurance. ((There is a rather large debate going on now between Paul Krugman, Barack Obama, Robert Reich, and Hillary Clinton about this. Hillary is saying Obama’s plan won’t cover everyone because it won’t have a mandate; but Hillary’s plan actually won’t either – it will just require that everyone get insurance. Krugman has stepped in to attack Obama mercilessly again and again and again as the Clinton shill he has become; and Reich stepped in to look at both sides, and come down on the side of Obama. Jaydiatribe has a good overall view of the conflict.)) This is the difference between a traditional liberal and a libertarian liberal. ((I wouldn’t necessarily say Obama is a libertarian liberal, but on this issue, it fits. He also seems closest to the position of all the current crop of candidates. And certainly, as a member of a different generation, he has learned the lessons of the 1980s better than Hillary.)) Both see a problem – a problem that the free market is making worse – and both believe that the government must act. Neither believes that a complete overhaul of the system can happen – for pragmatic reasons, if nothing else. Both lay out similar steps that need to be taken – to reduce prices, to enable individuals to afford health care, and to make it more available. But Hillary believes the government needs to force independent and competent ((Added “independent and competent”. I, for the life of me, cannot think of the correct term to use here. There is a philosophical term on the tip of my tongue used to describe people who are able to make independent, self-conscious decisions.)) people to get health care; Obama does not.

There are arguments to be made as to why the government should force people to get health care – Paul Krugman has been harping on these for some time – but if one believes that the government should only use force when it is absolutely necessary, as a libertarian does, then Obama’s program is better because it respects individual rights. The best use of government in a libertarian liberal view is when it is able to empower individuals and act as a check against corporate abuse of individual liberty. Obama’s plan does this; with Hillary’s plan individuals are empowered to act against corporations, and corporate power is checked – but the government is given yet more leverage over every individual, creating another regulation for individuals to comply with, and another reason for the government to penalize the exercise of freedom.

Categories
Election 2008 Foreign Policy Giuliani Law Libertarianism Obama Politics Post 9/11 Generation The War on Terrorism

Why I write this blog

It’s been about two months since I’ve started this blog. I started it knowing only that I wanted to write, and that I already had a dozen ideas for posts or articles. There were many times as well when I would read this or that article and be frustrated at the inaccuracies, and I wanted to correct them, or add to them, and I thought could advance the collective conversation.

This blog has in many ways been more successful than I anticipated – with over 125,000 pageviews and over 80,000 absolute unique visitors in this short time. I’ve been writing only in my free time here and there – a few minutes before lunch at work, after I get home at night, and on weekends.

Recently, I have been trying to determine what exactly it is that I have to offer, and therefore what this blog should be about. My most popular link so far was this funny cat video I came across on a Saturday night and embedded; next was this bit of electoral analysis which has proved remarkably prescient, especially in its title “The Beginning of the End of Hillary 2008”; then comes this uneven piece on the rhetoric used in the debate on what to do about terrorists and terrorism. As you go further down the list, there is one piece of pop-political-philosophy discussing the differences between two libertarian-minded political trends; a mention of Chris Rock’s comments introducing Obama with related video; the contrasting stories of the interrogation of two Al Qaeda related prisoners in the aftermath of September 11; and a video of a cheerleader getting trampled by a football team. The posts cover a wide range – from clear fluff to horse-race analysis of the presidential campaigns to more serious discussions of issues.

What is it that I have to offer?

Given my position – having a full-time job and blogging on the side – I cannot do what I would most want to do, in-depth first person research on every topic. ((I am trying to do this though, and to do it more – sending emails, letters, and in other ways trying to contact the subjects of my pieces; and also trying to get more information in this way.)) But I think there are other things I have to offer. I am a voracious consumer of media – especially about news and politics. I listen to many unedited candidate and policy-maker speeches. ((Through C-Span, the Constitution Center, and the Council of Foreign Relations primarily.)) I care deeply about a number of issues and follow them closely in the news including the issue of liberty in America today, the fate of Pakistan, the attempt to create a practical and moral foreign policy, and the construction of a strategy to wage a smart and effective War on Terror. I read opinions from a broad political spectrum, and take them seriously. Or at least most of them. I have read books by Ann Coulter, Sean Hannity, and Barry Goldwater, as well as books by Noam Chomsky and Howard Zinn, and I regularly read both conservative and liberal blogs and magazines, as well as some radicals that are not so easily classified. ((I believe there is a third way in politics – but that neither Bill Clinton nor his wife have found it, relying instead on cynical triangulation and the papering over of large differences with clever rhetoric.)) I believe I have generally sound judgment and a sense of the political winds, as well as a unique and insightful views on current events.

So what I have to offer is this: a funny video every Saturday; analysis of where the politics is headed in the near and slightly-less-near future; and serious policy discussion (leavened with some humor).

What this blog is about

There is one issue which above all shapes my thoughts today and is the impetus behind this blog: the precariousness of the American experiment. I am convinced that America’s status as a liberal ((In the classical sense.)) democratic republic is in existential danger. This danger is not only from terrorism, but from our government’s response to terrorism. I have come to believe that the Bush administration has undermined and subverted many of the institutions and ideas that have kept executive power in check since our founding: the media, the Supreme Court, the independence of executive agencies, the military, the Congress, and the rule of law. At the same time, the Bush administration has posited monarchical powers for the presidency, they have been relatively reticent in using them. ((Only relative to what they have asserted is their power. For example, the Bush administration has asserted that it does not need Congressional approval to go to war, but it still asked for it.)) For example, while Bush has asserted the authority to declare any person a terrorist and enemy combatant and hold them secretly and indefinitely without trial or charge and torture them for information, and given such a broad definition of terrorism as to include anyone who even criticizes him, he does not seem to have used this power to the extent he has asserted he can. This has led many people to see the rhetoric of those raising the alarm about these issues as unhinged from the reality of their lives. But because Bush has asserted such powers and undermined every check on his power, we are closer than ever to a police state.

Let me be clear – I think in every practical sense, America today is far from a police state. But with the theoretical foundations laid down by this administration, and the subversion of any check on executive power, we seem to be only one 9/11 away from a fall from authentic liberal democracy. It is this concern that is the prism which affects how I see every issue: it is why I became a Barack Obama supporter; why I am afraid of Rudy Giuliani; why I am so opposed to torture; why I am so concerned about our strategy in the War on Terrorism; why I started this blog; and why I will continue to write and seek other ways to affect America’s fate.