The Senate is poised to vote, as early as this week, on its version of the USA Freedom Act. On Friday, however, one of Senator Rand Paul’s aides told The Hill that there are significant problems with the Senate’s bill, and Paul does not intend to support it.
An earlier analysis by the ACLU suggests the bill’s treatment of “specific selection term” will prevent broad collection of all records or the records of entire cities or service providers. The ACLU further approves of language designed to ensure that government abuses will be made public and provisions for a special privacy advocate in Foreign Intelligence Surveillance Court (FISC) proceedings.
To be sure, the ACLU is not fully satisfied with the bill:
Improvements need to be made to further narrow the definition of SST, provide strict time frames for destroying all data on innocent people, eliminate loopholes that could be exploited to avoid disclosing relevant information in FISC opinions, and grant the special advocate greater authority to proactively participate in intelligence court proceedings.
The bill also focuses entirely on Section 215; it doesn’t even touch the abuses occurring under Section 702, Executive Order 12333, or other authorities. In other words, we’re running a marathon and this bill only gets us to mile five.
Nevertheless the ACLU supports the bill as “the first time since passage of the Foreign Intelligence Surveillance Act in 1978 that the chamber has taken action to constrain the intelligence community, and the first time Congress has a real shot at restoring the crucial privacy protections lost in the Patriot Act.”
The bill has also received the support of Senator Ted Cruz (R-Tex.), who may run against Rand Paul in a bid for the 2016 presidential nomination. So what is Senator Paul’s beef?
It is that the bill extends the Patriot Act through December 2017—after the next election.
Rand is right to object on this basis. Politicians’ job, their raison d’être, is to represent us—not to insulate themselves from difficult political questions until the next election.
Then again, Dave Nalle, writing American Broadside, suggests the choice may not be so simplistic:
The question for those of us who are paying attention, is whether a watered down USA Freedom Act is worth the price of renewing the PATRIOT Act, or should we push our Senators to vote it down and wait for the new Congress to take another look at it and maybe pass something closer to the original House version of the legislation which was much more substantial in its reforms.
The problem is that if the USA Freedom Act is voted down there is no guarantee that the PATRIOT Act will not be renewed next year. There may not be enough new Senators or enough who are tired of it and want to rein in the NSA so we’d be rolling the dice and the result of waiting could be worse than passing the USA Freedom Act. It might be better to take the sure but inadequate thing than wait for a better solution that never comes.
Fodder for thought…
The image of Ron Paul is via the Taking Note blog at the New York Times and attributed to William Deshazer/The Commercial Appeal, via Associated Press.
Sarah Baker is a writer, libertarian and attorney, living in Bozeman, Montana, with her daughter and a houseful of pets. She can be found on Facebook or Twitter.
Only a few outlets have actually run with this (Nick Gillespie @ Reason being one, sadly), based on the quote below:
“I hope to be able to do this again,” Johnson said Monday on “The Steve Malzberg Show” on Newsmax TV. “I’d like to. I would like to.”
Usually when politicians announce their candidacy, they have things like multiple interviews all lined up, a functional website to unveil, etc. They usually coordinate this with their twitter feed, which Johnson hasn’t updated since Oct 13, and on other social media. Oh, and they usually don’t announce the day before a midterm election when they know the news cycle will completely ignore them.
Something about that quote, however, made me suspicious. They don’t say “I hope to be able to” and “I’d like to”. They say things like “I hereby announce…”
Gary Johnson said no such thing. If you watch the interview, he spends 10 minutes talking about the issues. At the very end of the interview, the host Steve Malzberg started talking about 2016.
After Johnson issues the above quotes, you hear Malzberg say “alright folks, you heard it here first” as you can hear Johnson in the background protesting.
If that was someone announcing their candidacy for the Presidency, it’s the lamest announcement I’ve ever heard.
I’m just going to go out on a limb and say that Newsmax exaggerated this one for clickbait.
America is a bit of a rarity in modern politics in that it is a two party system with so little penetration by independent and minority party politicians that it is difficult to attract qualified candidates to any alternatives. Of the billions spent on electioneering in the U.S., mere millions go to Libertarian, Reform, Constitution, and Green Party candidates, let alone pure independents, unless they have the explicit backing of the Democrats or Republicans. In almost every state in the union, Libertarian candidates struggle to draw enough signatures on petitions to even appear on the ballot, and even when they do, they rarely pick up more than a few percent of the vote. In the face of such a rigged system, it is hard for Libertarians not to become bitter and frustrated with the process, abstaining from the vote, voting for Libertarian candidates in protest, or even using their vote as a weapon against the GOP for keeping them from the podium. I, myself, have felt such a desire myself on occasion. Although I am closing to core republicanism than most of the contributors here, I don’t consider myself a member of the party and have a number of issues where I lean more Libertarian. But here’s the thing that should stop us from walking out on the GOP – here is the reason we need to vote Republican, at least for now.
Voting Republican is Working
If you’ve been paying any attention to the Republican Party of late, you know that much is being said about a “Republican Civil War.” The media is no doubt eager to cover our internal squabbles, waiting in the hope that the party splinters, yielding a permanent liberal plurality in command of the Capital. While the headlines may be a bit overblown, they’re not based on outright fabrications, and here’s the thing – the battle of ideas within the GOP doesn’t just come from the Tea Party (the populist flank). Libertarians are making their mark on conservatism as surely as they ever have – and their impact is much more viable, politically, than that of the Tea Party. Libertarians are winning the argument on multiple key issues.
Foreign Policy
Prior to the Reagan presidency, Republicans were not the party advancing the theory of Communist containment, nor were they particularly inclined to use American military might very proactively. Reagan successfully fused American fears about Communism’s international reach with a doctrine of expanding American concepts of liberty and free trade for the betterment of our economy, but he also ushered in an era of Republican military aggression. It became “red meat” in the Reagan years for conservative candidates to promise a strong national defense. From Reagan to Bush to Dole, Bush Jr. and McCain, the GOP grew synonymous with hawkish calls for a defense based on strong offense. Libertarians have long questioned this use of our resources, but ask yourself this – when was the last time you heard a competitive Republican fighting for a national elected post whose campaign was centered on an aggressive foreign policy? Did Romney spend more of his time than I remember talking about his plans for nation building abroad? Are this year’s GOP senate candidates proposing an all-out offensive against ISIS? George W. Bush’s ‘State of the Union’ address in 2004, heading for election season, was roughly 60% national defense and the war on terror. Romney’s campaign was roughly 90% domestic policy. If you’re attempting to advance the Libertarian goal of speaking softly but carrying a big stick in reserve – or forcing the world at large to start spending some money solving their own problems – the GOP is right there with you now, at least at the national level.
Gay Marriage
The national party has not come around on this issue as of yet, but even ten years ago, the thought of a gay Republican group at CPAC would have been out of the question, and the fact that, since DOMA was struck down by the Supreme Court, the GOP no longer makes mention of Gay Marriage unless pressed to do so by the media, and then only reluctantly do its candidates offer a plea for traditional marriage should tell you something. If you believe that liberty should include the liberty for gay adults to make contracts of their free choosing but that churches should not be forced to participate – the GOP is right there with you in spirit, and voices like Rand Paul are yanking it in that direction in policy.
Ending the War on Drugs
I remember, when I was growing up, that it was local and state level GOP candidates leading the charge – playing on the “security” voters (married couples with children especially) with promises of laws meant to crack down on drug use. The national GOP has never made this a top priority outside of the Reagan administration, but continues to maintain a position against legalization of marijuana at this time. But for how long will that remain the case? The core GOP voting bloc – even evangelicals – rate the war on drugs as among their lowest priorities in exit polling nowadays and the GOP is not actively pursuing any meaningful legislation on the issue. Sooner or later, libertarian voices, now by far the most passionate advocates in any direction on drugs within conservative ranks, will win out here as well. When the libertarian position on drugs reaches Paul Ryan, and he starts executing decriminalization concepts and jail population reduction plans in his latest round of budget plans, you know your ideas have reached critical mass within the GOP.
Deficit Spending and Government Downsizing
W. Bush’s ‘Compassionate Conservatism’ (because we all know that libertarians have no compassion, right? /sarc) is now rightly seen by both the Tea Party and the libertarian flanks of the GOP as one of the greatest betrayals in the party’s history. They’re flat outnumbered on this and, if they get a majority in the legislature in 2014, they will be forced to consider actual cuts to government spending and actual tax hikes or face the wrath of the electorate in 2016. Not a libertarian will be rooting for higher taxes, but enough of the middle class is willing compromise now to get the government to reduce spending that it will be incumbent on the GOP to abandon their “no tax hikes ever!” pledge and forcus on reducing taxes on small businesses while increasing taxes on the very wealthy and simplifying the tax code for all. That is if they ever want to be seen as a party that can govern. But even if they fail in that regard in the next few years, they remain a libertarian’s best hope to some day see reason.
Civil Liberties
Here again, the Tea Party and libertarians see eye to eye and have outflanked the establishment wing of the GOP. The leading voices against NSA spying, the use of drones against Americans, the suspension of due process for those accused of sexual assault, the imposition of the IRS on political speech, etc – they’re all Republican. Liberals are united in their indifference to these things, at least in Washington. The McCain wing of the GOP continues to support such actions as the Patriot Act, but they are fast decline and will soon “age out” – both in the electorate and in Washington.
I’ll close by asking, honestly, is the existing Libertarian Party – unsupported as it is, a strong enough body to affect change on its own and bring about an era of increased liberty and prosperity? And which of the major parties is most likely to seek such a noble goal? Small “l” libertarian voices, to a much greater degree than Libertarian voices, are having their say – the system is working, albeit slowly. As the elderly conservative base begins to die, a whole generation of millennial voters who are, by their nature, DEEPLY skeptical of big government AND big business, are primed to come home to conservatism if it puts on a more libertarian face. If libertarian voters of today want to see such a new era, they must keep the current Republican Party afloat and work to change it from within. There won’t be a country left worth saving if the progressives currently running the Democrat Party are ushered in by libertarian support (direct or through abstaining).
I advise libertarians to stay the course – our system is designed to change slowly – be patient and the GOP is yours to inherit.
I’m one of the original co-founders of The Liberty Papers all the way back in 2005. Since then, I wound up doing this blogging thing professionally. Now I’m running the site now. You can find my other work at The Hayride.com and Rare. You can also find me over at the R Street Institute.
Twitter and the Internet in general have gone insane once Rand Paul endorsed Mitt Romney a day after his dad, Ron Paul, conceded the Presidential race. All of a sudden, Rand Paul became a sellout, a traitor, a neo-con, etc. The same Rand Paul whose Senate record has nearly been perfect on issues from civil liberties to fiscal issues. If this is how we treat our own, imagine how we treat non-libertarians. This outburst only adds to the biggest problem most non-libertarians and some libertarians have with the Ron Paul movement, that we’re a lunatic fringe that demands 100% conformity. In order to broaden our outreach and persuade more people to become libertarians, some of us need to learn some basic social skills.
Why Should We Become More Sociable?
People do business with and vote for people they like. It’s human nature. In order to get more people to consider libertarian ideas and candidates, they have to like the people behind them whether it be the person on the phone or the door to door canvasser.
First things, first.
If your political discourse usually includes one or more of the following: Bilderbergers, Bohemian Grove, NWO, Illuminati, fluoride, conspiracy, 9/11 Truth, long form birth certificate, or anything like that; please keep it to yourself. You’re making all of us in the liberty movement look insane. (Full credit to a rant by @TPANick on Twitter for that) Plus, if your newssources are Infowars, Prison Planet, Lew Rockwell.com, or Russia Today (RT); you probably need to open your mind and find other news outlets. They’re all as much propaganda and agenda driven news outlets as the rest of the media. Do your own research and reach your own conclusions. Finally, if you believe that Reason magazine and the Cato Institute are statist, you probably need to find a more productive outlet for your time than politics.
How Should We Treat Our Enemies?
With respect and courtesy. Don’t boo their speeches or heckle them. Let them speak. If they win delegates or races, let them have them; there will be other ones. Be courteous to them, even when they’re not to us. When we are victorious, treat our defeated opponents honorably and try to make them friends. However, we should always argue our points and ideas forcefully and make sure we are treated fairly.
Always remember this: in politics, today’s enemy is tomorrow’s friend.
How Should We Treat Ourselves And Allies?
We need to always remember that someone who agrees with us 80% of the time or even 51% of the time is a friend, not an enemy. For example, even though I voted for Ron Paul, I’m sure there will be commentors who will attack me as a Mitt Romney shill, among other things. We should debate ideas amongst ourselves and being that we’re a very individualist ideology, we won’t agree on everything. Everyone in the battle for individual freedom is a friend and ally, even if we disagree on some issues. There is no need for purity tests or other such nonsense. The very idea of which are anti-libertarian. We should show our fellow libertarians respect, unless they do something so egregious such as show vile racism or urge violence or anything else along those lines, then we need to show them the door out of the movement.
What Should You Take From This?
Basically you attract more flies with honey than with vinegar. We shouldn’t irritate people who are not libertarians just for the sake of irritating them. Being buffoons and douchebags in general turn off people, most of whom are not ideological and are only looking to see how their lives will be made better. I’ll leave it to a future post for ideas how to reach out to average Americans, but we need to put our best foot forward and look and conduct ourselves professionally and honorably. Anything less than that does our movement a great disservice.
I’m one of the original co-founders of The Liberty Papers all the way back in 2005. Since then, I wound up doing this blogging thing professionally. Now I’m running the site now. You can find my other work at The Hayride.com and Rare. You can also find me over at the R Street Institute.
The Senate is poised to vote, as early as this week, on its version of the USA Freedom Act. On Friday, however, one of Senator Rand Paul’s aides told The Hill that there are significant problems with the Senate’s bill, and Paul does not intend to support it.
It is that the bill extends the Patriot Act through December 2017—after the next election.
