Free Markets, Free People


Libertarian Values: Can They Bridge The Red/Blue Gap?

Michael Shermer has a very interesting post over at the HuffPo, surprisingly. It’s entitled “The Case For Libertarianism”. His thesis is that there actually are agreements in moral principle between conservatives and liberals and those agreements should be exploited to put a system together that would be mostly satisfying to both sides. Read his explanation as to how he arrives at that conclusion – it’s interesting.

But the list below is what he concludes would do the job. Surprisingly, or actually unsurprisingly since I gave you the title of his piece, it’s libertarian at base. Here’s his ideas of the limited governmental functions that would, or should, if they actually believe in their avowed moral principles, satisfy both sides (and libertarians as well):

1. The rule of law.
2. Property rights.
3. Economic stability through a secure and trustworthy banking and monetary system.
4. A reliable infrastructure and the freedom to move about the country.
5. Freedom of speech and the press.
6. Freedom of association.
7. Mass education.
8. Protection of civil liberties.
9. A robust military for protection of our liberties from attacks by other states.
10. A potent police force for protection of our freedoms from attacks by other people within the state.
11. A viable legislative system for establishing fair and just laws.
12. An effective judicial system for the equitable enforcement of those fair and just laws.

For the most part, his list is ok, but, being a libertarian, I disagree with one of them outright and disagree with the wording of a couple of others.

The one I outright disagree with is “mass education”. No. Not under the auspices of government. We’ve seen how that works – it doesn’t. Let’s not continue something that is obviously beyond the government’s capability.


10 – A military robust enough for protection of our liberties ….

11 – A police force potent enough ….

As for the banking system – yes, the point is valid and yes, I know that we’re pretty much stuck with what we have right now because it is a global system, but, given the last few months, I’m not at all sure it is the system I want in the future because I’m not at all sure it is either stable or secure. But that’s a topic for another time.

Last, but not least, yes, I understand that many infrastructure projects become reality because the people see their benefit and empower the government to use the power of taxation to fund them. My problem, of course, is how easily that power gets abused. Yes, I’d like a “reliable infrastructure”. But I’d also want strict controls over the government entities in charge of that. Again a topic for another time.

Notice, given the list, that he’s not talking about a large government. In fact, he’s talking about a “night watchman” type. One that would be pretty much limited to preventing the use of force or fraud by bad actors.

As much as I’d love to believe his conclusion that this would satisfy both conservatives and liberals, the last 40 years have a tendency to disabuse me of that notion.


An Interesting But Apparently Obscure Health Care Fact

One of the questions constantly posed as the debate over health care insurance reform rages is, “if we have such a great health care system, why is our life expectancy lower than countries with socialized care?”

Well apparently it is our propensity to murder each other and die in car accidents which obscures the fact that with those factored out, we actually enjoy the longest life expectancy. James Joyner provides the numbers and a handy little chart.

But the bottom line is when you remove homicide and car crashes, we jump from number 15 with a life expectancy of 75.3 to number 1 with a life expectancy of 76.9.

So we must be doing something right in the medical field wouldn’t you say – certainly more so than anyone else if you want to hang your hat on life expectancy data that only focuses on what medicine can help.  Drive safely and avoid getting on the losing side of a gun fight and you can expect to be around for longer than any of those in the so-called “more advanced” countries.

And, as Dodd points out, there’s even a way to improve the homicide numbers:

Homicide, however, we could impact immediately and irrevocably right now simply by decriminalizing most (or all) currently illegal drugs. Remove the artificial, government-created scarcity, and the profits and incentive to engage in underworld violence that goes with it, and the homicide rate would fall significantly. More of our young men would survive to middle adulthood, hundreds of thousands of prisoners would be freed (or never created) to engage in productive work, and our life expectancy at birth would jump immediately and permanently. All without the government having to nationalize one-sixth of the economy and expropriate trillions more dollars from the private sector to pay for the hope that the outcome will be improved.

He’s right, of course – remove profit, remove incentive. The drug market today is a government created market. And it reacts to the distorted incentives prohibition introduces into such a market.

We know how to regulate such markets legally. We do it fairly successfully with alcohol. And we don’t have booze gangs shooting it out in turf wars or finding bunches of bodies from bootleg deals gone wrong.

Why we don’t consider reform in this area is beyond me. Life expectancy numbers would certainly see an increase if we did. So would our freedom and liberty numbers.


Damned Libertarians! (Updated)

That’s the basic message of a post by Melissa Clouthier blasting those who voted for Bob Barr.

Here, let me quote her:

Don’t blame me!” Bellowed one of my redneck relatives,” I voted for Ross Perot!” Did ya now? And that vote wasn’t a “screw you” vote, that felt inwardly satisfying while it also served Bill Clinton the presidency on a nice, silver platter (the one taking a prominent position on a shelf in his sprawling residence out on Long Island)? Oh no! It was a vote of conscience. It was a morally superior vote. Sniff.

Have conservatives, libertarians, and other factions on the Right learned nothing from history?

So now, people are coming out of the woodwork saying, “Don’t blame me! I voted for Bob Barr!” I ask you, Is that something to be proud of?

You know, when you start something like this, it is usually best to have the facts at hand so you don’t say something silly like:

President Obama is a disaster for America and I hold those who voted for Bob Barr every bit as accountable as if the so-called principled person voted for Barack Obama himself. It was a vote that aided and abetted an enemy of freedom. How can a freedom-loving person be proud of this?

Bob Barr pulled all of 511,324 votes. Statistically that’s 0% of the electorate. Had every Bob Barr voter voted for John McCain, he’d have ended up with 58,854,995 votes instead of 58,343,671 to Obama’s 66,882,230.

Apparently Clouthier believes that libertarians are a wholly owned subsidiary of the GOP and due a righteous lecture for their lack of support.

It may be time for a little reality check for the good doctor.

A) Obviously if every vote Barr got had gone to McCain, it wouldn’t have increased McCain’s final count by even a percentage point. So the attempt to blame your abysmally poor GOP candidate’s abysmally poor showing on Barr voters is technically a non-starter.

B) The reason the GOP sucked so badly in the last election has absolutely nothing to do with Bob Barr and/or libertarians.  It had to do with how poorly your party governed.  Like most libertarians I haven’t voted for a Republican since Reagan. And frankly what happened to the size of government under Reagan is one reason why. Bush compounded the problem (Medicare Part D? “No Child Left Behind”?) and the eternally squishy McCain promised more of the same.

C) The only reason libertarians even somewhat identify with your party is because it sometimes pretends to be concerned about less spending and smaller government. Unfortunately, as I imply above, the GOP mostly just talks the talk and rarely walks the walk.

D) The GOP picked John McCain, not libertarians. John McCain was the worst of all worlds and your party gave him the nod. He was a candidate who had once been considered as a VP pick for John Kerry for heaven sake! He proved he was an enemy of the 1st Amendment with his campaign finance bill. His definition of “compromise” was to give the Democrats what they want.

E) Libertarians don’t owe the GOP a damned thing. You want libertarian support?  Then quit whining and lecturing and earn it! Put up candidates that actually do what you claim to want to do in terms of spending and the size of government. Yeah, that’s right – cut spending drastically and reduce the size of government radically and then you can start asking why libertarians aren’t supporting the GOP. Then you’ll have grounds to do so. But until then – we owe you nothing.

Barack Obama sits in the White House not because of Bob Barr or the libertarian vote. He sits there because the GOP has completely and totally failed to live up to its claimed philosophy and its word for decades. John McCain’s nomination told libertarians all they needed to know about the lack of seriousness within the GOP to remedy that situation.

If the GOP wants libertarian votes, then it had better mend its ways. We don’t do “tents” and we don’t do “plantations” and we don’t belong to the GOP. You want us, you’d better do what it takes to get us – and you’re not even close right now.

UPDATE:  Melissa Clouthier graciously acknowledges my criticism and for the most part understands the reason for it. She does, however, ask a couple of questions that deserve an answer and make a couple off remarks that deserve comment.

A Barr vote did nothing except register discontent.

Really? So those who voted for Barr couldn’t conceivably have been voting “for” something, only “registering discontent”?

With that bit of disrespect as a preface, here are the questions:

What about the next election? You know, when there are more impure Republicans? Do the libertarians plan to vote for an independent or vote for a Democrat?

Well now that it is hopefully clear that libertarians will actually vote for something and not just “register discontent”, the answer should be obvious. So here’s a question for the GOP – who do you plan to run that will cause us to vote for you? The ball is in your court, not ours.

All I’m saying is that McCain WOULD be better than Obama and I don’t want to see the Right fracture into delusion that nets us socialists in charge. That is worse. Much worse. It is worse right now.

In the case of McCain, “would be better” is really a non-starter of an argument for him among libertarians. In defeat, of course, he’s suddenly sounding Republican again, but McCain is a Snowe/Collins “Republican” from way back. Frankly I think you’ll find most libertarians believe that Obama and McCain are equally awful, just in different areas.

But the Libertarians don’t help anything by flopping around at the edges and indulging in third party fantasies. Libertarians needs to put their formidable energy into the Republican party at the bottom and take the party back to constitutional greatness.

Fixing the GOP is your job, not ours – you need to quit trying to outsource it. Libertarians have no desire to be a part of the GOP per se because there is enough not to like to keep us away. But libertarians will support a GOP that commits itself to the principles of less spending, smaller government and less government intrusion. But only when the GOP actually does something about them – find and run a candidate who actually believes in those principles and elect Republicans to Congress who will help he or she act on those principles.

Until then libertarians aren’t going to support the GOP. You can call it “flopping around the edges” or whatever you wish, but that won’t change the fact that until the GOP actually does the hard work of recreating itself in alignment with its stated principles it can’t expect support from libertarians just because the GOP thinks the Democrat’s candidate is worse than theirs.


Paranoia, The Destroyer

Obviously, as one with a severe bent towards freedom, I think it is always advisable to keep a close eye on what our government is doing. Especially when it comes to said government granting itself extraordinary powers over the conduct of our lives, and/or over our liberty, in light of particular opinions we might hold, or because of the people we hang around with. The danger in allowing the government latitude to impinge upon our liberty in such cases should be apparent. However, sometimes people start seeing a red under their bed, or a little yellow man in their head, and act just a wee bit paranoid about actions that the government has proposed.

And it goes like this:

… legislation quietly making its way through Congress would give the White House power to categorize political opponents as hate groups and even send Americans to detention centers on abandoned military bases.

Rep. Alcee Hastings – the impeached Florida judge Nancy Pelosi tried to install as chairman of the House Intelligence Committee until her own party members rebelled – introduced an amendment to the defense authorization bill that gives Attorney General Eric Holder sole discretion to label groups that oppose government policy on guns, abortion, immigration, states’ rights, or a host of other issues. In a June 25 speech on the House floor, Rep. Trent Franks, R-AZ, blasted the idea: “This sounds an alarm for many of us because of the recent shocking and offensive report released by the Department of Homeland Security which labeled, arguably, a majority of Americans as ‘extremists.'”

Another Hastings bill (HR 645) authorizes $360 million in 2009 and 2010 to set up “not fewer than six national emergency centers on military installations” capable of housing “a large number of individuals affected by an emergency or major disaster.” But Section 2 (b) 4 allows the Secretary of Homeland Security to use the camps “to meet other appropriate needs” – none of which are specified. This is the kind of blank check that Congress should never, ever sign.

It’s not paranoid to be extremely wary of legislation that would give two unelected government officials power to legally declare someone a “domestic terrorist” and send them to a government-run camp.

(my emphasis)

In support of author Mark Tapscott’s ipse dixit argument that this isn’t paranoia, he points to the internment of Japanese-Americans during WWII. That’s a fair enough point (i.e. it has happened before here), but the analogy between Hastings’ amendment and the WWII internment camps is still pretty weak. For one thing, the internments were not done on the sly, as Tapscott suggests is being done now, and secondly, rounding up a relatively small number of people during WWII, is a lot more plausible than attempting to imprison half the country.

Ed Morrissey also pours some cold water on Tapscott’s theory:

To be fair on the second point, most legislation includes phrases similar to the “meet other appropriate needs” as a means of allowing flexibility in using facilities commissioned by Congress. Under unforeseen circumstances even apart from creating concentration camps for abortion opponents, the six national emergency centers might need to get some use other than housing military personnel or civilians evacuated from a disaster area. That language allows the Pentagon and Homeland Security leeway to adapt for other issues without having to worry that lawyers will descend upon them like locusts for not strictly limiting use to the statutes.

Nevertheless, I decided to delve into the Hastings amendment that Tapscott referred to, and which can be read in its entirety here (pdf). This is the pertinent language that woke some people up feelin’ kinda queer:

‘(2) DEFINITION OF HATE GROUP.—In this subsection, the terms ‘group associated with hate-related violence’ or ‘hate group’ mean the following: …

(G) Other groups or organizations that are determined by the Attorney General to be of a violent, extremist nature.

First of all, note the qualifier “violent” in that definition. Just being pro-life or anti-tax would not bring one under the aegis of this provision unless you also advocated violence in support of the cause.

The other part that seems to have been missed by some, is that this entire amendment is aimed at rooting out hate-group supporters from the military:

(1) PROHIBITION.—A person associated or affiliated with a group associated with hate-related violence against groups or persons or the United States Government, as determined by the Attorney General, may not be recruited, enlisted, or retained in the armed forces.

In other words, the worst thing that can happen as a result of this bill is that someone could be unfairly kept out of the military. I don’t want that any more than I expect anyone else does, but it’s sure a far cry from rounding up Republicans and throwing them in gulags.

That’s not to say that there aren’t problems with the amendment. As many of you probably already know, the military already has several provisions on the books prohibiting associations with extremist hate groups. Moreover, as Rep. Franks noted in arguing against the amendment, when viewed in light of the recent DHS report, allowing unelected and unaccountable officials to determine on their own who is an extremist or not seems like a pretty bad idea:

I take extreme offense that the federal government – through a report issued under the authority of a Cabinet-level official – would dare to categorize people who are “dedicated to a single issue, such as opposition or abortion or immigration” as “right-wing extremists” and it begs the question of whether the Attorney General, under Mr. Hastings’ Amendment, can look to the Napolitano report to decide who is an extremist, or can make the same categorization of the majority of Americans as extremists who may then be kept from joining the military, or who may be discharged.

The desire to risk one’s life on foreign soil for one’s country may well be considered “extreme.” To spill blood on a foreign battlefield in the name of freedom requires extreme devotion.

This amendment could have been written in a way that is more consistent with current DOD policy, which prohibits military personnel from participating in “organizations that espouse supremacist causes; or attempt to create illegal discrimination based on race, creed, color, sex, religion, or national origin…”

So, not only is Hastings’ amendment redundant, it’s also an undesirable (and perhaps unconstitutional) grant of power to the Attorney General. Clearly the amendment as drafted could use some work, and it should be watched and commented upon. However, none of it suggests that Hastings is planning on helping the Obama Administration to unilaterally declare “groups that oppose government policy on guns, abortion, immigration, states’ rights, or a host of other issues” hate groups and then have them carted off to Guantanamo-on-the-Mainland.

heck, even Franks didn’t go so far as to suggest that Democrats want to literally wall off their political rivals. Instead, he claimed that the real intentions of the House were not being reflected in the amendment:

The military has many laws and regulations in place to counter racism and the enlistment of racist militants. Recruits must be thoroughly vetted, and must even explain the symbolism behind their tattoos, body markings and writings. I understand that there is concern that the rules and regulations governing vetting of recruits are not being followed as vigilantly as they could be, and this is a legitimate cause for concern. At the same time, this is a call for better enforcement of the laws in place, rather than a sweeping categorization of persons as “extremists,” as we saw in Janet Napolitano’s agency’s report.

I want to state unequivocally that I believe that it is not the intent of this Congress to label pro-lifers, federalism proponents, and pro-immigration enforcement groups and their affiliates as extremists under the bill. My colleagues on the other side of the aisle should make a strong effort to assuage these concerns and make our intentions clear.

(my emphasis)

Is this an example of poor legislative drafting? Sure. Is the Hastings amendment really necessary in light of existing military rules and regulations? Probably not. Is it a good idea to give unaccountable officials the power to label groups of Americans as extremists simply because of some opinions that they might hold? No, no it isn’t. Does this amendment represent an empowerment of the federal government to intern a large swath of conservative America? Don’t be so paranoid.

Calling the government to account for straying outside it’s bounds of power is always a good idea, but being paranoid about it doesn’t help your cause, and may in fact hurt it. You’re blowing it all with paranoia. You may be feelin’ guilty, feelin’ scared, seeing hidden cameras everywhere, but you’ve got to Stop! Hold on. Stay in control.

‘Cuz paranoia is the destroyer.

Cap-and-Trade Bill: The Home Invasion

One of the single most important reasons we’ve been railing against the push for universal health care around here is because, at bottom, it will result in a massive loss of individual freedom. Aside from the physicians who will be treated like slaves (the only possibility if their services are considered a “right”), government will have every reason to control how we live our lives since, after all, if its paying for our health care then it has a vested interest in how we live our lives. Too much sugar, Tylenol or cigarettes? Well you’ll just have to quit or pay heavy fines or even go without health care altogether. Indeed, this is how virtually all bureaucracy works — i.e. once the state has responsibility for some part of your life, it starts taking over greater and greater portions thereof. As it turns out, cap-and-trade will be no different:

Let me introduce you to a little section of the Waxman-Markey cap-and-trade bill called the “Building Energy Performance Labeling Program”. It’s section 304 [ed. – It’s actually Section 204] of the bill and it says, basically, that your house belongs to the state. See, the Federal Government really wants a country full of energy-efficient homes, so much so that the bill mandates that new homes be 30 percent more energy efficient than the current building code on the very day the law is signed. That efficiency goes up to 50 percent by 2014 and only goes higher from there, all the way to 2030. That, by the way, is not merely a target but a requirement of the law. New homes must reach those efficiency targets no matter what.

But what does that have to do with current homeowners like you? Well, I’m glad you asked. You’re certainly not off the hook, no way, no how. Here’s what the Democrats have planned for you. The program requires that states label their buildings so that we can all know how efficient every building (that includes residential and non-residential buildings) is and it requires that the information be made public.

First, a couple of corrections: (1) The “Building Energy Performance Labeling Program” is in Section 204 of the bill; (2) Section 304 of the Energy Conservation and Production Act (42 U.S.C. 6833) is amended by Section 201 of this bill to mandate the efficiency standards set forth above.

Taking these in order, the labeling program essentially coerces the states into adopting the federal standards set forth in the bill for identifying and reporting the energy efficiency of each structure, whether residential or commercial. Essentially this means that Uncle Sam will get all the information it wants about your energy use in the home by strong-arming the states into gathering it for them.

That’s bad enough, but it’s the amendment to Section 304 of the Energy Conservation and Production Act that really inserts the feds into your life. That’s where the efficiency mandates are laid out in Congress’ attempt to create a national building code:

(c) State Adoption of Energy Efficiency Building Codes-

‘(1) REQUIREMENT- Not later than 1 year after a national energy efficiency building code for residential or commercial buildings is established or revised under subsection (b), each State–

‘(A) shall–

‘(i) review and update the provisions of its building code regarding energy efficiency to meet or exceed the target met in the new national code, to achieve equivalent or greater energy savings;

‘(ii) document, where local governments establish building codes, that local governments representing not less than 80 percent of the State’s urban population have adopted the new national code, or have adopted local codes that meet or exceed the target met in the new national code to achieve equivalent or greater energy savings; or

‘(iii) adopt the new national code; and

‘(B) shall provide a certification to the Secretary demonstrating that energy efficiency building code provisions that apply throughout the State meet or exceed the target met by the new national code, to achieve equivalent or greater energy savings.

If states or localities fail to adopt measures implementing or exceeding the efficiency standards promulgated under this bill, then the federal standards simply become the law of that land:

(d) Application of National Code to State and Local Jurisdictions-

‘(1) IN GENERAL- Upon the expiration of 1 year after a national energy efficiency building code is established under subsection (b), in any jurisdiction where the State has not had a certification relating to that code accepted by the Secretary under subsection (c)(2)(B), and the local government has not had a certification relating to that code accepted by the Secretary under subsection (e)(6)(B), the national code shall become the applicable energy efficiency building code for such jurisdiction.

This is a massive arrogation of power to the federal government, and an intolerable invasion of individual property rights. In order to avoid a fairly blatant exercise of unconstitutional authority, the bill essentially denies federal funds to states that do not comply. However, it also leaves wide open just how compliance will be enforced:

‘(f) Federal Enforcement- Where a State fails and local governments in that State also fail to enforce the applicable State or national energy efficiency building codes, the Secretary shall enforce such codes, as follows:

‘(1) The Secretary shall establish, by rule, within 2 years after the date of enactment of the American Clean Energy and Security Act of 2009, an energy efficiency building code enforcement capability.

‘(2) Such enforcement capability shall be designed to achieve 90 percent compliance with such code in any State within 1 year after the date of the Secretary’s determination that such State is out of compliance with this section.

‘(3) The Secretary may set and collect reasonable inspection fees to cover the costs of inspections required for such enforcement. Revenue from fees collected shall be available to the Secretary to carry out the requirements of this section upon appropriation.

‘(g) Enforcement Procedures- (1) The Secretary shall assess a civil penalty for violations of this section, pursuant to subsection (d)(3), in accordance with the procedures described in section 333(d) of the Energy Policy and Conservation Act (42 U.S.C. 6303). The United States district courts shall also have jurisdiction to restrain any violation of this section or rules adopted thereunder, in accordance with the procedures described in section 334 of the Energy Policy and Conservation Act (42 U.S.C. 6304).‘(2) Each day of unlawful occupancy shall be considered a separate violation.‘(3) In the event a building constructed out of compliance with the applicable code has been conveyed by a knowing builder or knowing seller to an unknowing purchaser, the builder or seller shall be the violator. The Secretary shall propose and, not later than three years after the date of enactment of the American Clean Energy and Security Act of 2009, shall determine and adopt by rule what shall constitute violations of the energy efficiency building codes to be enforced pursuant to this section, and the penalties that shall apply to violators. To the extent that the Secretary determines that the authority to adopt and impose such violations and penalties by rule requires further statutory authority, the Secretary shall report such determination to Congress as soon as such determination is made, but not later than one year after the enactment of the American Clean Energy and Security Act of 2009.

Subsection g above appears to empower the Secretary to assess civil penalties against individuals for noncompliance. I say “appears” because the italicized portion does not actually show up when you view the bill, only when you cut and paste it as I’ve done here (I never considered the idea that “transparency” in law-making meant “making the law transparent”). Of course, even without that italicized section, it’s pretty easy to see where this is going. If your home isn’t as efficient as the federal government wants it to be, then you will probably be facing some sort of civil penalty. How that could possibly be constitutional I have no idea.

In addition to the outrageous invasion of our homes represented by this bill, the mandates set forth are sure to drive up the costs of new homes in ways that will probably make them unaffordable for a great many people. For example, I would guess that if homes are to be 30% more efficient in just a few years, then they will likely be roughly 30% more expensive. It may be less, it may be more, but either way those prices are going up. That’s not exactly the best prescription for an ailing home market.

The bottom line of all this is that you had better be sure to tidy up your home because the federal government is coming to stay awhile and it’s bringing an awful lot of demands with it. It’s going to make having your mother-in-law over for a spell seem like a Bahamian resort vacation.

1776 Project

A friend has started an organization called the 1776 Project, which he’s kicking off today “hoping to inform and educate voters by promoting the values and principles of a Constitutional government.” Here’s press release explaining the motivation:

The 1776 Project stresses that our Constitution is the single most important civic document in governing our nation. Its provisions, protections and prescriptions are all that is necessary and sufficient to the operation of a good, just and efficient government.

Organizers of the 1776 Project reject the notion that rights are given by government, instead believing the Bill of Rights protects the basic, individual liberties that are derived from natural rights that promote the pursuit of happiness.

Further rejecting the idea that the Constitution can be interpreted and changed however any political party wants to suit their needs, the organizers of the 1776 Project believe the document that created this Republic can only be changed by the process specifically laid out in Article V of the Constitution.

“Government cannot provide happiness, that is not its purpose,” says Jorge Gonzalez, founder of the organization. “It is up to each one of us, as individuals, to pursue our own desires and versions of happiness. This is the only way that we can really be a country united in one purpose.”

The 1776 Project will be announcing more events and providing information, resources and offering solutions on how Americans can take back their government through peaceful revolution and community outreach. Organizers welcome anyone who agrees with these values, regardless of political party, to join the 1776 Project to bring back a Constitutional government.

Check out the organization’s website and get involved on Facebook and Twitter.

Conference on Health Care Reform

Cato Institute is hosting a conference on health care reform today that will be webcast live. It will feature the following speakers:

* Rep. Paul Ryan (R-WI)
* Rep. Michael C. Burgess, M.D. (R-TX)
* Rep. Jason Altmire (D-PA)
* Karen Davenport, Director of Health Policy, Center for American Progress
* Douglas Holtz-Eakin, Former Director, Congressional Budget Office, and Director of Domestic and Economic Policy for the McCain presidential campaign
* Tom G. Donlan, Barron’s
* Karen Tumulty, Time Magazine
* Susan Dentzer, Health Affairs
* John Reichard, Congressional Quarterly

This represents a wide range of views and promises to be much more interesting and informative than the White House/ABC News infomercial scheduled for next week. so if you’re interested in this topic at all, take some time to check it out.

Miranda Warnings In The Battlefield?

This simply can’t be right, can it? That the Obama administration secretly directed the military to Mirandize combatants and terrorists when captured? Surely this is just crazy talk:

… the Obama Justice Department has quietly ordered FBI agents to read Miranda rights to high value detainees captured and held at U.S. detention facilities in Afghanistan, according a senior Republican on the House Intelligence Committee. “The administration has decided to change the focus to law enforcement. Here’s the problem. You have foreign fighters who are targeting US troops today – foreign fighters who go to another country to kill Americans. We capture them…and they’re reading them their rights – Mirandizing these foreign fighters,” says Representative Mike Rogers, who recently met with military, intelligence and law enforcement officials on a fact-finding trip to Afghanistan.

Rogers, a former FBI special agent and U.S. Army officer, says the Obama administration has not briefed Congress on the new policy. “I was a little surprised to find it taking place when I showed up because we hadn’t been briefed on it, I didn’t know about it. We’re still trying to get to the bottom of it, but it is clearly a part of this new global justice initiative.”

Ever since the Boumediene decision I’ve been warning that we’re turning legitimate military actions into law enforcement nightmares. No matter how badly we may want to achieve a world where transparency and the rule of law are the basis for all government action, the fact of the matter is that there are plenty of people out there who want to see the US destroyed regardless of the cost to themselves or their families. If we start dealing with these people as if they were common criminals, then we erode the very fabric that binds us as a nation. No longer does the word “jurisdiction” mean anything. Instead, we hand our enemies the keys to the castle.

Consider the following:

A lawyer who has worked on detainee issues for the U.S. government offers this rationale for the Obama administration’s approach. “If the US is mirandizing certain suspects in Afghanistan, they’re likely doing it to ensure that the treatment of the suspect and the collection of information is done in a manner that will ensure the suspect can be prosecuted in a US court at some point in the future.”

But Republicans on Capitol Hill are not happy. “When they mirandize a suspect, the first thing they do is warn them that they have the ‘right to remain silent,’” says Representative Pete Hoekstra, the ranking Republican on the House Intelligence Committee. “It would seem the last thing we want is Khalid Sheikh Mohammed or any other al-Qaeda terrorist to remain silent. Our focus should be on preventing the next attack, not giving radical jihadists a new tactic to resist interrogation–lawyering up.”

According to Mike Rogers, that is precisely what some human rights organizations are advising detainees to do. “The International Red Cross, when they go into these detention facilities, has now started telling people – ‘Take the option. You want a lawyer.’”

Rogers adds: “The problem is you take that guy at three in the morning off of a compound right outside of Kabul where he’s building bomb materials to kill US soldiers, and read him his rights by four, and the Red Cross is saying take the lawyer – you have now created quite a confusion amongst the FBI, the CIA and the United States military. And confusion is the last thing you want in a combat zone.”

Prosecution of any war, regardless of what your betters may think, is absolutely impossible in a law enforcement setting. Imagine having to “arrest” enemy soldiers instead of shooting them on sight. Or worse, think about the complications involved when a soldier shoots anyone, as compared to when a policeman is involved in a shooting. How would it work to take custody or extract intelligence from any enemy soldier if our soldiers have to apply mercurial Supreme Court precedent to each situation before risking their lives? Any cop will tell you that it’s hard enough keeping up with the norms as laid down by the high court (and interpreted by the administrators) in order to simply arrest common criminals. The idea that soldiers in the field of battle have the time or ability to “arrest” terrorists and the like, in places where English is not likely to be a common language (N.B. does that mean the military will be required to provide interpreters before apprehending anyone?) is simply ludicrous.

War is not pretty, and anyone who pretends to make it so is simply a fool. Ugly, unmentionable, outrageous and despicable things happen in war, as they do in any struggle for life. Creating an imaginary world in which there are breaks for tea and the enemy plays by the same (or any) rules is how the British lost North America. Subjecting ourselves to the vagaries or our enemy’s backwardness, by ignoring their complete denial of our moral superiority, will only serve to hasten our defeat.

For the foregoing reasons, I have to assume that Stephen Hayes is on the wrong end of some very bad information. As much as I may disagree with the Obama administration on a great many things, I have a hard time believing that they could be this naive and unconcerned about the future of our country that they would grant unprecedented gratuity to those who most wish us ill. The policies are most certainly wrong, but they can’t possibly be this misguided.

Socialism In America

Perhaps the time has come to be perfectly frank. We Americans live in a socialist country. In point of fact, we have for quite some time, even though private property has a long, continuing and still revered position in our society. To be sure, we aren’t an entirely socialist country, but instead a mixed one that teeters between the two extremes of collectivism and freedom (i.e. socialism and capitalism). In the past century or so, however, the scale tipped noticeably toward the socialism side, and we are now at the point where capitalism is not the dominant force. Of course, there are many who will disagree with my assessment.

Conor Clarke, for example, offers the following to dispel notions that we have become a socialist country:

Government vs. Private Ownership

Government vs. Private Ownership

Conor explains:

Have you heard that the United States is headed toward socialism? Jonah Goldberg says it is. Alabama Senator Richard Shelby says it is. Phyllis Schlafly says it is. Richard Viguerie says it is. The Republican National Committee says it is. We must be getting pretty close.


The hot-pink portion of this pie chart is the percentage of listed American business assets that have recently been nationalized by the American government (ie, General Motors). Obama’s version of socialism is so sneaky you can hardly see it!

(And there is some reason to think this actually overstates the portion of the corporate landscape that’s been nationalized, but more on that at the end of the post.*)

While the chart above would appear at first glance to be pretty dispositive of the issue (if the federal government owns so little, can we really be socialist?), it actually begs a huge question. If the segment of the economy effectively nationalized in the past several months is so vanishingly small, why is it necessary for taxpayers to fund trillions of dollars to save it? We’ll come back to that.

Next, Jon Henke observes:

NOTE: The fact is, American has always had a mixed economy, as do all modern, developed economies. The question is not one of category – capitalism or socialism? – but of degree.


Obama is not socialist. But he is more comfortable with centralizing economic power. As that centralization proceeds, the focus of public interest will shift from “how do we fix the immediate economic problems?” to “how do we fix the problems we created when we tried to fix that temporary problem?” That is when the pendulum can swing back towards decentralization and individual empowerment.

Jon takes a more organic view of the subject. That is, he posits the governing structure of the US as subject to the tolerance of the polity for centralized control of the economy. In his view, just because Obama “is more comfortable with centralizing economic power” that does not mean that we have become a socialist nation. Instead, we are merely experiencing a swing of the political pendulum towards socialism that will inevitably swing back towards the capitalism node. Left unsaid is how often that pendulum has swung away from socialism in the past 100+ years. More importantly, Jon’s assertions beg their own question — i.e. how “comfortable” must a politician and/or the populace be with centralized power before we can safely label it socialism?

In addition to the above, another line of argument is sure to be made (if it hasn’t been already) that we cannot possibly be a socialist country because private property has not been outlawed and the people as a whole do not own and control the means of production. Truly, this is the argument that Conor attempts to support with his graph (not that Conor necessarily agrees with that argument, just that he is holding up evidence that would tend to suggest socialism is not at hand). Essentially, although socialism comes in many forms, a primary ingredient is that the state (on behalf of the people) have dominance over the means of production instead of private concerns. The most extreme form, of course, is where all private property is abolished and the state decides what will be produced, by who, when and how much. Much milder versions such as social democracy exist today that, while they allow private property and much more freedom than, say, Stalinist North Korea, maintain a firm grip over the economy as a whole. Is there any doubt that Germany is a socialist country for example? The question then is, where does America fit when it this spectrum of socialist possibilities, if it fits at all?

At bottom, the problem with these sorts of arguments is almost always definitional. If I start arguing that communism never works and use the Soviet Union as an example, someone is sure to pipe up “that wasn’t real communism” followed by a neat explanation how Lenin and Stalin perverted what the true communists wanted in order to seize power for their own means. In order to avoid that annoyance, let’s at least agree on the dictionary definition of socialism:

An economic system in which the production and distribution of goods are [owned and] controlled substantially by the government rather than by private enterprise, and in which cooperation rather than competition guides economic activity. There are many varieties of socialism. Some socialists tolerate capitalism, as long as the government maintains the dominant influence over the economy; others insist on an abolition of private enterprise. All communists are socialists, but not all socialists are communists.

The definition above comes from the The American Heritage® New Dictionary of Cultural Literacy, Third Edition, and I think sums up the idea nicely. The one thing missing is the word “ownership” which, I expect, someone will insist upon, so I’ve inserted the words “owned and” into the definition. As luck would have it, this is the very concept that I think is missed by almost everyone who discusses whether or not we are a socialist country.

Specifically, what is the difference between ownership and control? Looking again to the dictionary, here is a good legal definition of “ownership”:

“one’s exclusive right of possessing, enjoying, and disposing of a thing.” 72 So. 891. The term has been given a wide range of meanings, but is often said to comprehend both the concept of possession and, further, that of title and thus to be broader than either. See 139 N.W. 101. See fee simple.

The primary concept behind ownership is that of exclusivity, such that if I own real property, for example, I can by right exclude all others. Without the ability to exclude, my “ownership” is something less than complete and the use, enjoyment and alienation (a fancy word for selling, trading or giving away) of property is limited.

To illustrate the idea, consider that you own a piece of real property (Blackacre) which is rich with gold and silver mines, oil, and an abundance of flora and fauna. In short, it is a little slice of heaven and it is all yours. Or at least it would be if were not for the fact that the flora are mostly designated as protected, the fauna are all listed as endangered, and the mineral deposits are tightly regulated, all to the extent that you cannot make any real use of your land except to look at it from a neighbor’s yard in humble admiration for its splendor. Not only are you prevented from drilling or mining on your property, you cannot even build a house or structure of any kind because that might disturb the protected species. The rules and regulations governing Blackacre are so ominous, that you can’t even sell it without first offering it to the government for a price it will set in its own arbitrary discretion. Furthermore, just on the other side of Blackacre is the Pacific Ocean fronted by a lovely beach, to which the law declares access must be allowed for the public, and there is nothing you can do to prevent them from traipsing across your wonderland. In short, you may own Blackacre in title, but you have very little, if any, control.

Of course, at least here in America, the laws and regulations aren’t quite that strict. And the vast majority of people would agree to at least some controls over private property to prevent the owners from harming other property or people (e.g. pollution, building setbacks to prevent fire, etc.)[ed. – let’s ignore Coasean bargaining for now, shall we?]. At some point, however, those restrictions on the owner’s use become so burdensome as to effectively deprive the owner of any real control. The same can be said for the ownership of capital, which can be anything from money to a large factory for building tractors. When the government sets up enough rules and regulations affecting the use and enjoyment of that capital, the fact that ownership is nominally in private hands does not somehow render that government as something other than socialist.

Now, getting back to our definition of socialism, which is more important, “ownership” or “control”? To my mind, this isn’t even a close call. Without control, ownership is next to meaningless. Therefore, if the state has the ability to control the means of production (a.k.a. capital), whether directly through ownership, or indirectly through law and regulation, I contend that such state should be deemed socialist.

Think of a scale that measures the owner’s rights in her own property and how, with each new government missive, that ownership indication drops a little more. Where the state’s intervention becomes intolerable will be different for each person, but from a definitional standpoint, that intervention represents socialism. When the scale registers a significant enough intervention into the owner’s rights, socialism becomes the prevalent factor in the control of property, and private, capitalist “ownership” is either dulled or altogether neutered. Again, without the ability to control that capital, ownership is a meaningless concept that should be left out of the conversation.

Accordingly, when Conor suggests that we are not a socialist nation because the government only owns an almost immeasurable portion of the corporate assets of this country, I suggest that he use a new measurement. Specifically, one that measures the amount of control that “owners” have over their property/capital/etc. That graph would look significantly different in my estimation.

Furthermore, when Jon states that Obama is not a socialist, he’s just comfortable with centralizing economic power, I ask that he consider what ways centralizing power (i.e. control over the means of production) is not socialist, and that he provide a few examples for clarification. Also, if the pendulum is going to swing back towards more decentralization (i.e. less control over capital), how far back would it have to go before most people could be reasonably certain that we are not, in fact, a socialist nation? How far back does he think it would have to go, or is his contention that the pendulum simply hasn’t swung into socialist territory? In considering those questions, I’d ask that the concept of control, rather than titular ownership, be the dominant factor in deciding where the state stands vis-à-vis socialism.

As I see it, we’ve been living with socialism in this country for a very long time. The only difference has been one of degree and magnitude. Its pervasiveness has ebbed and flowed over the decades, but American’s tolerance for it has grown substantially, even if many of us don’t like to call the governance we desire “socialism.” Unfortunately, that’s exactly what it is, and it’s only going to become more prevalent and intrusive. After all, why would anyone who is comfortable with centralizing economic power stop it? They’ll just call it something else and move on with asserting they’re control until one day you’ll be gazing longingly at Blackacre from the public beach, because that’s the only place where you can legally see it.