Private Discrimination, Rand Paul, and the Civil Rights Act of 1964

Political Correctness, Racism, Statism
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I’m no fan of electoral politics, and never did think Rand Paul was a consistent libertarian or even as libertarian as his father, Ron Paul–though his recent remarks on the Civil Rights Act of 1964 make me think he may be more libertarian than he feels he can admit publicly. I don’t agree with many of his stated positions, but of late he’s being attacked for what is most libertarian: his view that private businesses have a right to discriminate on their own property (see, e.g., attacks by the monstrous Paul Krugman and an editorial from the New York Times).

Libertarians can debate whether the portions of the CRA64 that prohibit states and municipalities from discriminating on the basis of race, gender, etc., are libertarian or constitutional. As for the latter, the Fourteenth Amendment was illegally ratified, making legislation enacted pursuant thereto, such as the CRA64, unconstitutional (for more on the ratification issue, see Gene Healy’s The Squalid 14th Amendment). As for the former: libertarian centralists naively favor the federal government having broad powers to supervise the states, while libertarian decentralists and anarchists fear the central state and favor decentralization (see my posts Libertarian Centralists; The Libertarian Case Against the Fourteenth Amendment; Healy on States’ Rights and Libertarian Centralists; The Heroic Gene Healy on the 14th Amendment: “If this be heresy—then make the most of it!”; see also the insightful comments of J.H. Huebert quoted here).

But there can be no doubt that the provisions of the law that prohibit racial and other discrimination by private businesses in employment or accommodation (such as hotels and restaurants) are manifestly unlibertarian and unjust. Sadly, however, some libertarians actually endorse the state’s infringement on property rights as embodied in this law. Most of the prominent libertarian defenders of the unlibertarian aspects of the CRA64 seem to be associated with the Cato Institute, and include Brink Lindsey (see Cato Scholar Scolds Rand Paul, Gives OK to Soup Nazi; Lindsay’s stance is perhaps not surprising given his pro-war views), David Bernstein, Richard Epstein, and Roger Pilon (see my post Libertarian Centralists–Pilon’s stance is not too surprising, given his defense of the Police America Act). (Julian Sanchez, in a somewhat maundering article, seems to weakly defend Paul, but I’m not sure.) I don’t know if such a major deviation from libertarianism arises from shaky foundations (such as utilitarianism), naivety about the ability of the central state to do justice, or fear of a politically-correct backlash, but it’s pretty sad that a leftist is better on this issue than some libertarians–I have in mind Robert Scheer, who gave a surprisingly good and quasi-libertarian defense of Rand Paul on KCRW’s Left, Right and Center last week–he tears apart the Rand-bashing of his co-hosts Ariana Huffington (who drops the PC racism junk) and Tony Blankley (who says he agrees “intellectually” with Paul but still calls him a kook); see also Scheer’s article Who’s Afraid of Rand Paul? (Even John Fund and Aayan Hirsi Ali, both who seem libertarianish, gave a decent defense of Paul on the latest Bill Maher show, if memory serves). See also the partial transcription of Scheer’s remarks here:

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The Legal Labor Cartel

Political Correctness, Private Security & Law, Protectionism, The Basics
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“The truth is that legislatures and Courts have made lawyers a privileged class, and have thus given them facilities, of which they have availed themselves, for entering into combinations hostile, at least to the interests, if not to the rights, of the community – such as to keep up prices, and shut out competitors. The natural result of such combinations also is, that the mass of the members will do more or less to screen individuals from suspicion. The consequence is, that the people have imbibed an extreme jealousy towards them…. Now if the profession were thrown open to all, lawyers would no longer be a privileged class – they probably could no longer enter into combinations that would be of any avail to them, and the jealousy of the people towards them would be at an end.” Lysander Spooner, To the Members of the Legislature of Massachusetts, August 26, 1835.

Lawyers, like doctors, are part of a class of people who must join what amounts to a labor cartel in order to lawfully ply their trade. Bar associations have territories, and they drive up the price of legal services in those territories by limiting entry by service providers. Talk of the lawyer’s “professional responsibility to provide legal services to those unable to pay” stems from guilt about this anti-competitive status quo in the legal services market. Why should lawyers owe anyone relief if they didn’t first create the burden to be relieved? …

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Four questions for “anti-capitalist” libertarians

(Austrian) Economics, Libertarian Theory, Political Correctness, The Left
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Sheldon Richman, one of the best libertarian writers of the last decade and an all around excellent human being (I’m a grateful person and as my teacher at FEE in 2003, I must say he was by far the most fun and persuasive of the lecturers in an already very good set of speakers) has jumped on the wagon of the Left-‘libertarians’ latest initiative to decry and abandon the use of “Capitalism” as a term by our movement.

Hereby I would like to address his post at The Freeman but also his subsequent retorts on Facebook to my objections on such a linguistic and strategic initiative, by asking him and others including Gary Chartier, Roderick Long and Kevin Carson these four questions:

Since words are not doomed to be deformed when born deformed in the same way they are not free from bad usage even if their origin is noble (see “Liberalism”).

  1. Well then, what do we want it to mean from now on?
  2. Is there another word that describes the full and complex system that is the real promise (and hope) behind a free society?
  3. Yet another unanswered question is: why won´t the next term be hijacked or deformed by the (socialist/statist/authentic) Left?
  4. And the last question Sheldon, Chartier, Carson and others haven’t addressed is: how will be keep a word pure when no social system is pure nowadays (if ever) unless we coin a term only when we have a pure system so it corresponds to a pure reality and cannot be misconstrued? Of course we need a term for an ideal so we walk towards it, unless I’m missing something here.

Stephan Kinsella keenly added to the discussion:

“What some left-“libertarians” oppose is the economic order most standard libertarians favor and expect to accompany an advanced free society–whatever word you slap on it. Thus they go on about mutual aid, wildcat strikes, the workers, localism, self-sufficiency, they condemn the division of labor, mass production, factories,employment, firms, corporations, “hierarchy,” international trade, not to mention “distant” ownership, landlordism, “alienation,” industrialism, and the like. Their agenda is not required by libertarianism–most of it is not even compatible with it, I’d say, so is unlibertarian. But this is a debate we can have–it’s on substance. I think this is a large motivation for their hostility to the word “capitalism”–they mean capitalism like we do, and dislike it. I don’t mean crony capitalism–but actual libertarian-compatible laissez-faire capitalism. They want libertarians to stop saying capitalism because they want us to adopt their substantive unlibertarian, Marxian agenda. Yet they pretend it’s just for strategical or lexical concerns–which it’s not. This is yet another reason I think we should dig our heels in and not give in: they will then count it as a substantive victory for unlibertarian, leftist ideas.”

This bit of course is completely relevant when an attempt (some bona fide would be a requisite for it) to answer these four questions is made.

Anti-capitalists: the ball is now on your side of the court.

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How Big Is Your Tent?

Democracy, Libertarian Theory, Political Correctness, The Left, The Right
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“I am not one of ‘those’ types, whatever type you have in mind.”

~ Anna O. Morgenstern

When I was regularly attending church, between the early and late 80’s, way back before becoming a fire-breathing atheist (and thereby damned myself to a life of unfettered and guilt-free joy on earth, followed by an eternity fighting off all manner of demons in a very hot place) I occasionally enjoyed attending church generally, and one church in particular.  It’s not really important for me to identify the specific denomination (although the members of this church would balk at the use of that term) except to say this:  The members of this church spent large portions of every Sunday congratulating themselves on the fact that they were the only people, religious or otherwise—particularly in comparison to the Catholics—who would ever see Heaven.  In retrospect, I reckon many denominations take this approach, although not to the extent of this particular faith.  Paraphrasing the comic, these people took it to a whole…’nother… level!  Never, not once in many stirring and thought-provoking sermons did the pastor—and I heard several different ones—fail to mention this ostensive fact.

Of one thing we can be certain:  They were certain.

That particular (and frankly, somewhat annoying) foible aside, the thing that comes to mind now—and this is an observation I had not previously considered in the context of libertarianism—is that this church was different in one other substantive way from any other church I attended during that approximately 10-year period.  By way of establishing my credentials for making such a comparison, it is worth noting that I grew up in an A.M.E. Zion Church in North Carolina.  I have attended Baptist churches, Methodist churches, predominantly black churches, predominantly white churches, Lutheran churches, churches where they have a professional-quality choir, churches where there is purposely no choir, churches where the pastor preaches for 2 hours, churches where the pastor preaches for 15 minutes, and pretty much everything in between.

As a matter of fact, I have attended churches where the members scream and shout like James Brown and churches where even a modest “Amen!” uttered under one’s breath draws harsh glares.  I’ve been to churches where they pass the offering plate every 10 minutes and churches where they never even bring money up.  (The latter is rare, but I digress.)  I’ve enjoyed church services that employed timing so precise as to engender thoughts of military marching bands and churches so entrenched in the concept of CP Time that the sermon had not begun by 2:30 p.m. even though the service began at 11:00 a.m.   (No, I’m not making that up.  Having had the good fortune to be seated in the balcony, I sneaked out the back around 2:45 p.m., pausing briefly to make eye contact with a girl I had met during Happy Hour the previous Friday night.  Again, I digress.)

Anyway, so I’ve been around when it comes to churches.

What made the particular church of which I speak so different?  And what does that difference have to do with libertarianism generally and anarchism particularly?  Simply this:  that church—like radical libertarianism—seemed to attract and accept all comers.  Wait.  Stop.  Don’t look up my e-mail address yet!  Please, save your card and letters.  I know your church is open-minded.  I know your church loves “all God’s children” and all that.  No, I don’t need any examples from last week’s Volunteer Recognition Dinner.

My point is simply this:  My experience has been that the folks who attend a given church—and who ascribe to a mainstream political ideology—generally tend to “look” the same, inside and out.  Not at the church about which I speak.  What was one major difference?  There were noticeable numbers of interracial couples.  And these weren’t just patrons, but members with responsibility.  Maybe now, in 2010, after the U.S. has elected a black president and we’re all hip-hopped, ride-pimped, and enjoying The Wire together over a bottle of “ultra premium” Ciroc vodka advertised on prime time TV by Puffy—yes, I still call him Puffy—this seems like a small point to notice.  I assure you, it was not.  In the early 80’s in Western New York the number of interracial couples openly walking the streets was already more than I had seen in my entire life growing up in the South.  And the number of interracial couples I saw at this church was still obvious even against that backdrop.  This church seemed to attract and accept those with differences.

And so it is with freedom.  Libertarianism, at its core, is about individualism, full-bodied, raw, thick and chewy, leave-me-the-hell-alone, individualism.  One does not need to understand methodological individualism to “get” this truth.  One just needs to be unique himself, while he also understands and accepts uniqueness in others.  (Diversity is the current buzzword, isn’t it?)  That’s how one can tell that the neocons or the Moral Majority members or Rush Limbaugh’s ditto heads are not libertarians, no matter if they attempt to steal the nomenclature.  When one is trying to get elected and/or take over the tools of coercion for himself, it requires that he appeal to an audience.  (This is also why voting cannot be a libertarian exploit.)  There is a reason why every presidential candidate wears a suit and tie that looks like they were purchased at the same store.  They were.  Not (necessarily) so with radical libertarianism!  If you’re not worried about forming a coalition for the express purpose of imposing your beliefs on everyone else, it frees you to just be yourself.  And with that freedom will come this inevitability:  Anyone who could not find true acceptance in one of the mainstream clubs will eventually find his way to yours.

Good for them!  Welcome.  Have a seat.  (Or stand.  It’s up to you, and always will be.)

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Waco and Oklahoma City Links

Police Statism, Political Correctness, Private Crime
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Today is April 19, the anniversary of the FBI’s finishing off the Branch Davidians at Waco and, two years later, the Oklahoma City incident, which Timothy McVeigh called payback for Waco. Every year since 2003 I’ve written on at least one of these events. Today at LRC I have “Waco and the New Brown Scare.” Also see my Waco archives, which includes my undergraduate history thesis from 2003. A good book on Waco is Carol Moore’s the Davidian Massacre, all online. As she points out, it was not until 2007 that the survivors from Waco were finally freed. And all libertarians should watch Waco: Rules of Engagement. The video is online.

As for the Oklahoma City bombing, Lew links to the classic piece by Gore Vidal—one of the few leftists who was not enamored of the left-establishment’s 1990s militia scare or blinded to the Clinton regime’s injustices at Waco and abroad. And see Scott Horton’s interview of Jesse Trentadue, “They Are Lying to You About the Oklahoma City Bombing.”

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