Category Archives: Strategies For Advancing Liberty

Embrace Burke? No thanks, Mr. Dionne. I’ll take Coolidge instead.

In his never-ending campaign to weaken those who oppose a progressive state, E.J. Dionne has attempted to give American Conservatives (including, in his flawed formulation, libertarians) a new idol: Edmund Burke. Embracing Burke, Dionne posits, would “clip the wings of modern conservatives”:

It’s to Norman’s credit that he recognizes how “Burke also clips the wings of many contemporary conservatives.” While he “helped establish modern conceptions of nationhood and national allegiance,” he “rejected military adventures.” He “celebrated religious observance, but despised moral absolutism.”

Norman also sees Burke as implicitly offering “a profound critique of the market fundamentalism now prevalent in Western society.” He thinks that Burke would “note the extraordinary greed and self-dealing seen over the past decade by the modern nabobs of banking and finance in a series of cartels disguised as markets.” And a Burkean conservatism would be wary of any ideology that “causes people to lose sight of the real social sources of human well-being and to become more selfish and individualistic, by priming them with ideas of financial success and celebrity.”

The second paragraph is built on an entirely faulty assumption. It is simply beyond question that the FHA and its’ regulated GSEs were the key enabler of the housing bubble of the last decade in the US. These New Deal programs socialized the risk of mortgages while allowing private players to reap the profits. True market fundamentalists always railed against these distortions of markets. It is advocates of big government, such as Dionne himself, who are to blame for the situation.

Even without the factual error, Dionne’s quote from Norman on Burke’s belief is wrought with other problems. It requires one to believe that greed is linked to individualism and ignore the parade of collectivists who sought to use the machinery of Washington to exploit others for the own gain. (Sadly, too many people actually believe this, but that’s another story for another time.) It requires one to believe that conservatives care deeply about celebrity as a part of a core ideology. Dionne perhaps missed the right’s revulsion to the concept of Barack Obama as a savior and a light worker. Or maybe he didn’t and just assumed it was a symptom of bitter clinging. In any case, he overlooks the fact that the left has a monopoly on personalizing politics in this country.

Now that we have established that Dionne’s understanding of a conservative is already tenuous, at best, let’s read his vision of a model Burkean Conservative:

Burke’s conservatism was based on a proper understanding of that word. He believed in preserving the social order and respecting old habits. He persistently warned against the destructive character of radical change. He was wary of ideology and grand ideas, rejecting, as Norman puts it, “universal claims divorced from an actual social context.” Burke saw the well-ordered society as a “partnership of the dead, the living and the yet to be born,” a nice formula for a forward-looking traditionalism — and not a bad slogan for environmentalists.

Here, Dionne unwittingly uncovers a truth. Given that the modern social order in the US is built upon the legacy of the progressives and the New Deal, to be a Burkean conservative is to be a mainstream progressive. Libertarians are seen as radicals precisely because we want a social order that dispenses with the New Deal and its legacy. Meanwhile, modern Republicans play to shape a conservative social agenda using the rules and mechanisms put in place by the New Deal. Even the Constitution, the contract between the dead, the living, and the yet to be born in the United States, is interpreted through the ideology of the New Dealers.

This insight brings us to the most laughable of Dionne’s assertions:

Conservatism will flounder unless it remembers the imperative of addressing the interests of the many, not the few.

Progressives have never done anything but address the needs of the few. Which few and to what degree are always in question. The need for an underclass of highly productive but exploitable people is not. This underclass was referred to by William Graham Sumner as “The Forgotten Man”:

It is when we come to the proposed measures of relief for the evils which have caught public attention that we reach the real subject which deserves our attention. As soon as A observes something which seems to him to be wrong, from which X is suffering, A talks it over with B, and A and B then propose to get a law passed to remedy the evil and help X. Their law always proposes to determine what C shall do for X or, in the better case, what A, B and C shall do for X. As for A and B, who get a law to make themselves do for X what they are willing to do for him, we have nothing to say except that they might better have done it without any law, but what I want to do is to look up C. I want to show you what manner of man he is. I call him the Forgotten Man. Perhaps the appellation is not strictly correct. He is the man who never is thought of. He is the victim of the reformer, social speculator and philanthropist, and I hope to show you before I get through that he deserves your notice both for his character and for the many burdens which are laid upon him.

Sumner’s appellation notwithstanding, members of this productive underclass are not forgotten by progressives. On the contrary, they are known to be a vital component of any progressive plan for society. In the Affordable Care Act, for example, they are the young and healthy who must be conscripted into the health insurance market so that their premiums might benefit the old and sick. In Social Security, they are the workers who pay taxes in so that retirees may get benefits. In Affirmative Action, they are the whites and Asians who lose opportunities granted to other minorities on the basis of skin color.

For decades, progressives maintained the illusion that it was only a demonized few who bore the brunt of this exploitation. Franklin Delano Roosevelt used his political acumen to identify groups for benefit or demonization. He went so far in this endeavor as to hire photographers and writers to produce propaganda about those who benefited while launching vicious legal battles against innocent men just because they were in a group targeted for demonization. (This does have a familiar ring, doesn’t it?)

However, that illusion has cracked in recent years. Eventually, millions of members of the productive underclass realized exactly what was going on. So born was the Tea Party, a so-called conservative movement. Distressingly for Dionne, this movement is far from the conservatism Burke preached and Dionne practices daily. It is radical, seeking to smash a social order built upon exploiting its members for the benefit of others.

The radical nature of the Tea Party prompted fear among the establishment. Both major parties in America are essentially progressive in mechanics, if not agenda. The angry, dismissive reaction from the Republicans and the downright punitive reaction from the Democrats highlighted how radical the idea of declaring one “taxed enough already” truly is. Since the Wilson administration, Washington has decided who was taxed enough already and who could pay more.

The Tea Party, for all the good it has done in revealing the corruption in Washington (much through its own victimhood at the hands of the IRS), is still a movement lacking a positive idea. It is essentially a movement pushing for a cessation of activity. This will cause many to ask what shall be done instead. The Tea Party has no answer for this.

Neither, it seems, do most libertarians. We tend to focus on the “no” too often as well. Government should stop doing this and not start doing that. We’re seen as a force of negativity. Unfortunately, in a world where we are opposed to both major parties and the mainstream media apparatus designed to enforce the status quo, negativity doesn’t sell.

Respect and stability, however, do. Enter Calvin Coolidge. The concept of normalcy embraced by Harding and Coolidge is both simple and elegant. Here is a description of the concept by Amity Shlaes in an interview with Ed Driscoll:

Ed, what did you learn normalcy was in school? I learned it was something kind of dull, right? Like the — normalcy doesn’t sound elevated or wonderful and that was the Harding motto.

But what they meant by normalcy is not we should all be normal and cogs. Right? What they meant is the environment should be normal so that we can have fun and play with new ideas, which is something very different. Predictability, the reduction of uncertainty. Coolidge as a candidate even used the phrase “uncertainty” which you hear so much today and which is also the subject of Forgotten Man. It’s less uncertainty, please. He really — it’s a theme all the way to the end of his life. You can find it in his columns post-presidency. He spoke of uncertainty.

If you’re reading this, you’re taking advantage of Coolidge’s concept of normalcy in a very different context. The internet is built on normalcy. Packets are packets, traffic is traffic, and different application protocols expect lower-level protocols to act as specified at all times. The creation built upon these simple ideas, upon normalcy, is easily humanity’s largest by a vast margin. Yet there is no edifice called “The Internet”, no building that makes it all work. It is a distributed network of components all playing by the same rules.*

So it was with the American economy under Coolidge. After a decade of tumult resulting from progressive leadership, the US economy got eight blessed years of normalcy. With this diminished uncertainty, companies were free to invest. The economy boomed and even the poor man was better off in 1928 than in 1920.

Then, in response to the crash of 1929, a round of “bold experiments” (to borrow FDR’s phrase) were undertaken upon the economy by Hoover, Roosevelt, and the Congresses of the era for the next decade and a half. These experiments caused untold economic devastation by distorting markets, increasing uncertainty, and causing those who had capital to hoard and protect it, eventually causing Roosevelt to pursue an undistributed profits tax to shake this capital loose from unwilling businesses. Even during the Second World War, while the US was not statistically in a depression, the standard of living was still poor in comparison to the normalcy of the 1920s.

The experiments, in every empirical sense, were a failure. But with the help of writers like Arthur Schlesinger, Jr. (who Dionne quotes approvingly as an admirer of Burke), these failures were pawned off on the American people as successes and the role that predictability and normalcy play in prosperity forgotten.

Today, we face an economic crisis built upon government interventions into and distortions of the private economy. Despite the Obama administration focusing on jobs, there has been no improvement for the millions who have been chronically unemployed for years. The Democrats’ bold experiment with banking, the Dodd-Frank law, has driven the poor away from banks as they killed off free services. The Democrats’ bold experiment with health care is already driving up costs for millions while making full-time jobs hard to come by for hourly workers. Look at any problem in the US economy today and at its root you will find a bold experiment from Washington, D.C.

The message I have for all Americans is to ignore Dionne (good advice in any case) and his plea to embrace Burke. It’s time to embrace Coolidge and pursue a course of radical normalcy.
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*For those who don’t remember, one of the major arguments against SOPA and PIPA were that they legislated a change in the architecture of the internet that broke the DNS protocol. This endangered the functioning of the entire network by disrupting the rules upon which countless other technologies depended. A perfect illustration of the need for normalcy in a complex, distributed system.

The Constitutional History Lessons You Didn’t Learn in School

More often than not, history is written by the winners and taught by individuals who love big government. Tom Woods’ Liberty Classroom has been providing a refreshing non-P.C. presentation of history that is rarely brought up. Very little of what we call history either is “settled” without controversy or without lingering questions.

• What is the true philosophical inspiration for the Declaration of Independence?
• What is the meaning of “natural law” and “natural rights”?
• Was the American Revolution just about “no taxation without representation”?
• Was the Articles of Confederation really inadequate for the needs of the several states?
• Was the Constitution itself legally drafted and adopted in replacing the Articles of Confederation?
• How controversial was the Constitution previous to its ratification?
• Was it originally the intention that the union would be perpetual? (i.e. Was it the common understanding during the ratification debates that states could leave the union or not?)
• What did the founders think about states nullifying federal law?
• Was the American Civil War (or “War Between the States”) really about slavery?
• Might slavery have ended without war?
• Was the Supreme Court intended to be the final arbiter of both state and federal law?

These questions and more are explored in Tom Woods’ Liberty Classroom. The video below “German and British Antecedents [to the U.S. Constitution]” is the first of 15 videos available for free from Liberty Classroom (watch the rest here,). Each lecture runs for about 25 minutes. Enjoy!

Quote of the Day: “Highest Honor” Edition

“Being called a traitor by Dick Cheney is the highest honor you can give an American…”

Edward Snowden in response to Cheney and others calling him a traitor for his NSA leaking.

Free Market Organs: The Case for Capitalism in the Organ Transplant System

A 10-year old Pennsylvania girl by the name of Sarah Murnaghan could die within a few weeks if she doesn’t receive a lung transplant soon. There’s currently a petition on Change.org directed at HHS Secretary Kathleen Sebelius to alter the current policy so that Sarah is made a higher priority on the donor list because the clock is ticking at least somewhat faster than some who are ahead of her.

I’ll leave it to the readers to determine if this petition is the right way to go in the case of Sarah, but I think there is a much larger problem with the organ donation system that I believe could be addressed by the free market. Back in 2008, I wrote a post about why a regulated, above board organ market would be superior and much more moral than the current “altruistic” system. Some of my examples might be a little dated (Hanna Montana is all grown up now) but my overall point stands. Though this post is mostly about live donations, compensation going to an individual’s estate would give Sarah and countless others a much better shot at living.

Free Market Organs (Posted January 24, 2008)

Last week, Doug linked a post about British Prime Minister Gordon Brown’s support for a policy that would allow hospitals to harvest organs without prior consent of the decedent or his/ her family. In essence, the organs of all deceased British citizens would belong to the government’s healthcare system except for those individuals who “opted out” prior to death. The policy in the U.S. is an “opt in” approach rather than “opt out.”

Why is this distinction important? Answer: the presumption of ownership. If citizens have an option of opting in, this shows that individuals own their bodies; to suggest that an individual has to opt out shows that citizens’ bodies are property of the government (unless s/he makes an affirmative claim on his/her body).

The reason for Brown’s support for this policy is quite obvious: like just about everywhere else in the world, Britain is having an organ shortage. So if presumed consent is not the answer to solving the organ shortage, what is? Randolph Beard, John D. Jackson, and David L. Kaserman of Auburn University published a study in the Winter 2008 issue of Cato’s Regulation Magazine. The team studied the effectiveness of current policies aimed at maximizing donor participation and organ matching. Among the policies they analyzed were: increased government funding for organ donor education, organ donor cards (such as having the words “organ donor” on driver’s licenses), required request, kidney exchange programs, and donor reimbursement. None of the policies have come close to solving the shortage. The researchers estimate that roughly half of the potentially viable cadaver organs are ever harvested. With the exception of the inefficient kidney exchange program, one feature that all of these programs have in common is that they each rely on altruism on the part of individuals to donate organs without any sort of compensation.

The one solution which the researchers believe would be effective, monetary compensation to organ donors or their families, is illegal almost everywhere. In 1984, the National Organ Transplant Act was passed making it a crime in the U.S. for a surviving family to receive payment for their loved one’s organs. The law was passed mostly on ethical grounds without any consideration for what would happen to the supply of available organs. The researchers estimate that some 80,000 lives from 1984 to present have been lost because of the bill’s passage and other subsequent policies in the current “altruistic” system. The researchers further project that another 196,310 lives will be lost between 2005- 2015 (and this is what they consider a “conservative” estimate!).

As controversial as compensating families organs of deceased family members is, the thought of an individual driving to a hospital, removing an organ (such as a kidney), and selling that organ to someone in need of the organ for a profit is a complete non-starter. This shouldn’t come as a shock given that in today’s lexicon; the word “profit” is a dirty word. The people who scream bloody murder whenever people decide to “scalp” tickets to sporting events or tickets for Hanna Montana concerts (what’s the big deal with Hanna Montana anyway?) will not likely be in favor of selling vital organs. Anti-capitalist objections aside, free market buying and selling of organs appears to be the most practical solution.

Cato Institute’s Director of Bioethics Studies Sigrid Fry-Revere found that Iran is the only country that does not have an organ shortage and has not had a shortage in ten years. Why? Because Iran (of all places!) is one of the only countries where it is legal for individuals to buy and sell organs from live, voluntary, donations. Revere’s findings also revealed that even if all the viable organs were taken by force by the government from cadavers, there would still not be enough organs to provide an organ to everyone who needs one (Cato Daily Podcast dated January 15, 2008). Maybe the Iranians are on to something here? David Holcberg, writing for Capitalism Magazine agrees arguing in favor of a free market system for organs on both practical and moral grounds:

If you were sick and needed a kidney transplant, you would soon find out that there is a waiting line–and that there are 70,000 people ahead of you, 4,000 of whom will die within a year. If you couldn’t find a willing and compatible donor among your friends and family, you could try to find a stranger willing to give you his kidney–but you would not be allowed to pay him. In fact, the law would not permit you to give him any value in exchange for his kidney. As far as the law is concerned, no one can profit from donating an organ–even if that policy costs you your life. Patients’ attempt to circumvent this deplorable state of affairs has led to the emergence of “paired” kidney donations, an arrangement whereby two individuals–who can’t donate their organs to their loves ones because of medical incompatibility–agree that each will donate a kidney to a friend or family member of the other. But this exchange of value for value is precisely what today’s law forbids. Thus, under pressure to allow this type of exchange, in December the U.S. House and Senate passed The Living Kidney Organ Donation Clarification Act, which amends the National Organ Transplant Act to exempt “paired” donations of kidneys from prosecution.

The congress says that kidneys can be exchanged without sending anyone to jail; how thoughtful. While this is an encouraging step in the right direction, why won’t our elected officials go the rest of the way? Is it the potential risks for the donors? Holcberg points out that the risk for a healthy person dying from donating a kidney is about .03% and usually live normal lives without reducing his or her life expectancy.

No, I suspect the objection to selling organs is more rooted in the overall distain far too many people have towards capitalism. It’s simply unethical to make a profit off of something that someone else “needs” whether its gasoline, Hanna Montana tickets, or a kidney. Only the “privileged” will be able to buy organs if such a system were adopted, they would argue.

Even if this were true, denying a person the right to purchase an organ to save his or her own life should not be subject to a vote or someone else’s ethical hang-ups. If I want to remove a kidney and sell it to a willing buyer for $30,000 (or whatever the going market rate is) I ought to have that right. Why must we assume the government has the right to tell us what we can do with our bodies whether it’s selling our organs by our own choices or government taking them from us after we die without prior consent? Our individual rights of life, liberty, and property demand that we have the ability to make these choices for ourselves.

Quote of the Day: Unequal Treaty Edition

For those of you who have not seen this yet, there is a really important debate about libertarian/conservative “fusionism” at Cato Unbound. Among the essays responding to the lead essay authored by Jacqueline Otto is Jeremy Kolassa’s essay entitled: An Unequal Treaty.

Here is one excerpt from his essay explaining why fusionism has failed to deliver more liberty:

In her opening essay, Jacqueline Otto makes several points about where libertarians and conservatives converge. But notice the elephant in the room: social issues. At no point in her essay does she write about gay marriage, drug legalization, civil liberties, feminism, or even foreign policy or immigration […]

[…]

For libertarians, this is a question of the individual’s right to rule his or her own life. That is, after all, what liberty is about. For a conservative, society to a great extent rules a person’s life. It is not always a question what the individual wants, but of what is right for the community. The community, in turn, is built on centuries-old traditions. Allowing gay marriage would break these traditions, which is why most conservatives are denouncing it as rampant immorality. Viewed in this light, conservatives are really just the other side of the progressive coin. Both put the community in charge.

As long as conservatives wish to use the machinery of the state to enforce their moral code, fusionism will be doomed and the so-called progressives will continue to prevail. Alliances with conservatives need to be formed but we libertarians can no longer accept this unequal treaty, as Kolassa describes it (and quite accurately, I might add).

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