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Liberty & Limited Government Archive

Tuesday

23

October 2007

1

COMMENTS

Health Care Is Not A Right

Written by , Posted in Health Care, Welfare & Entitlements, Liberty & Limited Government

The Business and Media Institute reports on a video released by Al Gore, where the man who leads a global eco-religion has weighed in on the issue of health care. For all you plebs out there, listen up. “Health care is a universal right.” The Goracle has spoken.

The former vice president managed to find time this past weekend to post a series of videos on his peer-to-peer video sharing site, Current.tv – including one calling for “government-funded” health care. Gore is chairman of Current.tv.

In a setting reminiscent of a bored college student making a video in his dorm room, Gore is shown proclaiming that healthcare in America “ought to be a matter of right,” addressing what he thinks to be an “immoral” healthcare situation.

“I strongly support universal single-payer government-provided or government-funded health care” droned a languid Gore in his video, now also listed under the title ‘Gore Goes SiCKO’ on Michael Moore’s Web site.

This claim that health care is a right has been advanced with increasing frequency over the years. The reason we are hearing this claim is simple. The left believes that rights come from government. Based on this presumption, they conclude that if the public accepts that health care is a right, they will then demand that it be delivered from government. In turn, leftists get expanded power and control over your lives, which is – by definition – what they seek. There are two serious flaws in this logic. 1) Rights don’t come from government. 2) Health care is not, and cannot be, a right.

Let’s return for a moment to our founding documents and the philosophy that informed them. The Declaration of Independence asserts that men are “endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” We are endowed by our Creator. These are not rights which come to us by the grace of enlightened bureaucrats. These natural rights exist as a consequence of our basic state of nature, which the Declaration of Independence claims produces a “separate and equal station” among men.

These ideas descend straight from Locke’s Second Treatise of Government. In it he declares that “all men are naturally in…a state of perfect freedom to order their actions…” He also includes this list of rights which those found in the Declaration of Independence are obviously derived from (emphasis added):

The state of nature has a law of nature to govern it, which obliges every one: and reason, which is that law, teaches all mankind, who will but consult it, that being all equal and independent, no one ought to harm another in his life, health, liberty, or possessions

It is only with this understanding of our natural liberty as the foundation for these rights that we can understand rights as they exist today. Furthermore, it is necessary to understand that each right also carries with it a duty. Let’s take, for instance, some of those rights as listed in the Bill of Rights, all of which are derived from those three articulated in the Declaration of Independence. Take the right to free speech. With it comes a duty that no one (specifically government) infringe upon the free speech rights of others. The same goes for the second amendment. With the right to bear arms comes a duty to respect, and thus not violate, the property rights of others. The same applies to freedom of religion. On and on it goes.

There is a very important pattern to understand from these duties. They all require only negative action; essentially, that individuals not infringe upon the life, liberty and pursuit of happiness (property) of others. There can be no such thing as a right that requires positive action, for to do so would violate the fundamental right to liberty of all others. If an individual is said to have a right to health care, that does not merely require the rest of society to not infringe upon the basic right to life of that individual, it compels the rest of society to act, to care for that individual. Nothing that violates the right to liberty can itself be a right, for any such right would itself destroy the very foundation upon which all rights are built.

Health care is not a right, it is an anti-right. The left would have us believe that we advance by accepting such things as health care as a right of all Americans. It is an insidious cancer that would be introduced (or has been already) to accept such rights that require active duties on others as legitimate; for once it is acceptable to violate one of the three most basic rights in a specific circumstance, it is acceptable to violate any of them under any circumstance. Such a state of affairs can lead to no other end than tyranny.

Thursday

11

October 2007

1

COMMENTS

We Don’t Need A New Constitution; We Need The Old One

Written by , Posted in Liberty & Limited Government

In an op-ed for the Los Angeles Times, Larry Sabato suggests that we scrap the constitution, convene a constitutional convention and come up with a new governing document. Such an idea shouldn’t be dismissed out of hand. There may come a time when this sort of action is necessary. At this time, however, there is no such need. Today’s biggest problems stem from where the Constitution is being ignored, not where it’s being followed. But let’s look at Sabato’s list of complaints.

Restoring the war powers balance. The framers split authority concerning matters of war-making between the president (commander in chief) and Congress (declaring war). Does anyone seriously believe that they would have approved of the executive department waging years-long wars without the explicit approval of the legislature? Yet the advantages accruing to any president — the unitary nature of the office, the swift action that only he can take in a hair-trigger world, his dominance of the televised public forum — have created an emperor as much as a president. The constitutional balance of shared war-making must be restored.

Now this issue I don’t want to say too much about, because there’s significant scholarly debate over just what powers the original constitution granted. Is the congressional authority to declare war a substantial power to decide when to engage war or just a declarative ability to announce what has already been decided? There are many smart legal and constitutional scholars who disagree over that answer. However, the War Powers Act already requires congressional approval, so Sabato’s point is moot. His real complaint seems to be that they granted it in the case of Iraq, but that’s something he should take up with Congress, not tear up the Constitution over.

* Creating a more representative Senate. Stunningly, just 17% of the current American population elects a majority of the U.S. Senate. This is because even though California has about 70 times the population of Wyoming, both states get two U.S. senators. The larger states may have 83% of the nation’s people, but they get nothing without the approval of the lightly populated states. In the beginning of the republic, the population differential between the large and small states — and thus the unfairness — was far less.

But today, the structure of the upper chamber of Congress is completely outmoded. Let’s build a fairer Senate by granting the 10 states with the greatest population two additional senators each, and the next 15 most populated states one additional senator each.

The entire point of each state receiving equal seats in the Senate is to ensure that the interests of smaller states wouldn’t be overwhelmed by the larger ones. What we actually need is to return to the original arrangement where the senators are appointed by the state legislatures.

Let’s repeal the 17th amendment. The Senate is not supposed to be a body that responds to every whim and fancy of popular opinion; that’s what the House of Representatives is for. Plus, it would ultimately return some power to the states by giving them more control over their senators and a seat at the federal table.

* Transforming presidential elections. Americans don’t have to be convinced that our presidential election system is broken. The nation needs a sensible system of rotating regional primaries so that it would no longer be subject to the selfish whims of a few states.

Why should the constitution address party primaries? Parties aren’t supposed to be institutionally attached to government. They are far too much so already.

The electoral college also must be overhauled, with more populated states receiving additional electors so that a candidate who loses the popular vote can no longer become president. Why not abolish it entirely? The state-based electoral college isolates and simplifies recounts. Imagine how hopeless our predicament would be if the 2000 Florida recount had to be conducted nationwide.

Well at least he has one thing right about the folly of scrapping the electoral college and moving to nation-wide, popular elections. But the larger states don’t need any more electors. Can a President really understand and represent the interests of all of America if he only has to campaign in California, Texas and New York?

* Ending second-class citizenship. We promote the cultural myth that any mother’s son or daughter can grow up to be president, but it isn’t even literally true.

The founders were concerned about foreign intrigue in the early days of an unsettled republic, so they limited the presidency to those who were “natural born” citizens. But the melting pot that is now the United States includes an astonishing 14.4 million Americans who were not born on U.S. soil and are therefore ineligible for the presidency — a number sure to grow substantially. Among them are 30,000 members of the U.S. armed forces who risk life and limb to defend those enjoying first-class citizenship.

Though I really don’t see any great need for it, this one I don’t see doing much harm. With today’s modern media and technology, there’s really no chance of an agent of a foreign power winning a national election. The scrutiny is simply too intense and the public’s access to information too great. I wouldn’t be upset if this were enacted, but it’s hardly reason to scrap the Constitution. Sabato concludes by stating that he’s “barely scratched the surface in identifying long-delayed constitutional reforms.” If he wasn’t going to list all his arguments, he could have at least picked his best ones. If these are his best, color me unimpressed.

I have a better idea than Sabato. Rather than throw out the best Constitution ever written, let’s throw out all those laws we’ve passed that blatantly ignore it.

Monday

27

August 2007

0

COMMENTS

It Could Happen Here

Written by , Posted in Liberty & Limited Government

A Swedish woman has been banned from smoking in her own backyard.

A Swedish woman has been banned from smoking in her garden in a trial headed by the Environmental Court in Vaxjo.

The 49-year-old single mother from Akarp, Sweden, said she is enraged by the decision but admitted that she will obey the ruling to avoid having to pay a fine, The Local reported Thursday.

. . .The ban came after the woman?s neighbor, a lawyer with an aversion to smoke, contacted the Environmental Court over the issue after attempting to sue the woman for smoking near him.

Environmental courts, an attack on smokers, a complete disregard for private property…all this sounds a lot like the nanny vision for America.

Hat tip: Copious Dissent

Thursday

19

July 2007

0

COMMENTS

Paying The Freedom Tax

Written by , Posted in Liberty & Limited Government

Nothing gets to statists so much as freedom. People living life as they please without first getting the permission of busy-body government officials just gets their blood boiling. Filled with descriptors dripping with scorn, TIME documents how Colorado liberals struggle to deal with a growing scourge: nice homes.

As bloated homes and McMansions continue to sprout up across the country, Boulder, Colorado, may have come up with a lucrative approach to contain what detractors call the plague of Garage Mahals and Big-Hair Houses. At a July 10 meeting, where more than 70 citizens spoke, Boulder county commissioners preliminarily approved a system of development rights transfers that would extract mega-bucks from builders of mega-homes.

Not satisfied merely loading the first paragraph with childish scorn, the rest of the article is full of hysteric attempts at insulting nice houses, which comes across about as well as trying to insult someone for being too smart. The author, apparently still disheartened by the fall of the Soviet Union, then praises Boulder’s assault on freedom as an “elegant and egalitarian” solution to the problem of prosperity.

Tuesday

19

June 2007

0

COMMENTS

Bloomberg Will Pay Poor For Good Behavior

Written by , Posted in Economics & the Economy, Labor Unions, Liberty & Limited Government

From Fox News:

Poor residents will be rewarded for good behavior ? like $300 for doing well on school tests, $150 for holding a job and $200 for visiting the doctor ? under an experimental anti-poverty program that city officials detailed Monday.

The rewards have been used in other countries, including Brazil and Mexico, and have drawn widespread praise for changing behavior among the poor. Mayor Michael Bloomberg traveled to Mexico this spring to study the healthy lifestyle payments, also known as conditional cash transfers.

Well, it’s better than welfare, I’ll tell you that. A part of me wants to say, “Why should government have to spend money treating people like mice to be trained?” Principally it’s an important question. Unfortunately, we already spend far more money on social programs and they aren’t going away. So if we can spend less to get them to avoid needing those programs, it’s a good deal at least in comparison to what we have now. This is certainly preferable to welfare, for instance. Not everyone is behind this idea, leftists are up in arms over the idea that people can affect their own destiny by making good choices (shocking).

But some critics have raised questions about cash reward programs, saying they promote the misguided idea that poor people could be successful if they just made better choices.

We certainly don’t want that. Far better to ram the idea down their throat that they are victims of oppression and there is simply nothing they can do to improve their lot in life except vote Democrat and wait for the inevitable handout, of course.

“It just reinforces the impression that if everybody would just work hard enough and change their personal behavior we could solve poverty in this country, and that’s not reflected in the facts,” said Margy Waller, co-founder of Inclusion, a research and policy group in Washington.

Waller, who served as a domestic policy adviser in the Clinton administration, said it would be more effective to focus on labor issues, such as making sure wage laws are enforced and improving benefits for working people.

Brilliant! It would be more effective to focus on implementing policies that prevent poor people from entering the labor market! I guess Mrs. Waller wants to make sure that making better choices can’t be a solution for the poor, by taking away any and all possible opportunities in order to benefit gangster labor unions. Ah, the modern democratic party, such champions for the poor they are!

Hat tip: Crush Liberalism

Wednesday

13

June 2007

0

COMMENTS

Eroding Freedom Should Never "Feel Good"

Written by , Posted in Energy and the Environment, Free Markets, Liberty & Limited Government

I’ve addressed the folly of “price gouging” legislation here enough already, but something in this article caught my eye. Though loaded with most of the usual nonsense, a particular statement stood out.

For the first time, it would be a federal crime to charge “unconscionably excessive” prices for petroleum products at the wholesale or retail level. Critics of the provisions, including the Bush administration, said the measure amounts to price regulation and could lead to supply shortages.

“The federal government has all the legal tools necessary to address price gouging,” said the White House.

The oil industry has repeatedly argued that many investigations have failed to uncover price fixing by oil companies. “If there is no manipulation, there should be no fear of a strong federal statute,” Cantwell countered at a news conference Tuesday.

Sen. Larry Craig, R-Idaho, called the price gouging provision “a feel-good vote” that he probably would support. “But does it bring gas prices down? Probably not,” he said.

And for whom does this vote “feel-good”? It shouldn’t feel good for anyone who believes in free enterprise. It shouldn’t feel good for anyone who believes in the fundamental principles this country was founded on. It might feel good for those who think the federal government should have the final say in everything, including the prices of our goods. So I’d expect it to feel great for a socialist, but it’s a sad state of affairs when such nonsense feels good to Senator and member of the supposedly free-market party. No wonder Republicans seem lost. No one has any principles any more; it’s all just “feelings”.

Thursday

7

June 2007

0

COMMENTS

Court Rules Against FCC

Written by , Posted in Liberty & Limited Government

An appeals court has ruled against FCC fines for unintentional, “fleeting expletive” use during broadcasts.

Back in January of 2003, upon learning that his band had won the Golden Globe for best original song, U-2 lead singer Bono cut loose with an exuberantly enunciated expletive – a word not normally heard on broadcast television.

The singer’s outburst at the televised awards show was the starting point of a long-running battle over whether profanity should be permitted to air on broadcast stations, and if so, under what circumstances.

Four-plus years later, the issue is far from being resolved.

On Monday, the 2nd U.S. Circuit Court of Appeals in New York rejected by a 2-1 vote the Federal Communications Commission’s policy on how it polices indecent speech on the airwaves.

As the government ponders its legal options, the FCC is stuck, unwilling to act on an unending stream of complaints it receives from the viewing and listening public until the legal issues are resolved. In fact, the FCC hasn’t proposed a new fine for indecency since March of 2006.

Among those options: a direct appeal to the U.S. Supreme Court, an action urged by the chairman of the Senate committee that oversees the FCC.

Whether or not the decision is legally sound I can’t say, but the outcome is more in line with the principles this country was founded on. Where there is demand for profanity free television, it will be provided by the market. There’s no reason not to leave this issue to the free market, regardless of whether one wants or does not want profanity in television.

Monday

4

June 2007

0

COMMENTS

Only New Hampshire Stands On Principle

Written by , Posted in Liberty & Limited Government, The Nanny State & A Regulated Society

When it comes to mandatory seat belts, the choices are clear. There is no doubt that mandatory seat belt laws save lives. It is equally clear that such laws are an intrusion upon personal freedom. The choice is clear; either you believe in personal freedom or you believe in nanny-state protections. A vast majority of the country has chosen nanny-statism, while New Hampshire stands alone as the only state that places freedom above protecting citizens from themselves. Which is fitting, since their state motto is “Live Free or Die”

When New Hampshire state Senator Robert Letourneau drives his Oldsmobile Aurora 31 miles from his home in Derry to the capitol in Concord, he wears a seat belt.

That didn’t stop the 64-year-old Republican from voting today against a bill that would require him and every other motorist in the Granite State to buckle up.

“It’s none of the government’s business what I do in my car,” said Letourneau, the transportation committee chairman. “The meaning behind our state motto, `Live Free or Die,’ is freedom.”

New Hampshire is the only U.S. state that doesn’t have a law requiring motorists 18 and older to wear seat belts. Opponents have beaten back numerous attempts to enact a law and prevailed again today, when the 24-member Senate voted 16-8 against a bill the House of Representatives passed on April 5.

Not everyone in the state legislature is on-board, however, as evidenced by this confused statement:

Supporters of the bill said it doesn’t violate the spirit of “Live Free or Die.”

“I always thought the really active verb in this was `live,”’ said state Senator Peter Burling, a Democrat from Cornish.

I can only assume state Senator Peter Burling is a product of government education. Is “Live Free or Die” really so complicated to understand?

Thursday

1

March 2007

0

COMMENTS

What's The Point?

Written by , Posted in Liberty & Limited Government

So most all of us have heard about the JetBlue bruhaha that occurred the other day where an airplane full of passengers was stranded on the runway for however long it was. Boohoo, fly with someone else and move on, right? Well, that’s not good enough for the government, they need an investigation!

At the request of the Transportation Department’s top official, the agency’s inspector general on Tuesday said he will investigate policies at JetBlue and American Airlines that led passengers to be stranded aboard planes for several hours this winter during storms.

“I have serious concerns about airlines’ contingency planning that allows passengers to sit on the tarmac for hours on end,” Transportation Secretary Mary Peters said in a statement. “It is imperative that airlines do everything possible to ensure that situations like these do not occur again.”

Peters asked Calvin Scovel, the Department of Transportation’s inspector general, to examine why JetBlue passengers were stranded aboard a plane at New York’s John F. Kennedy International Airport during the recent Valentine’s Day storm, which caused the airline to cancel about 1,000 flights and sparked a massive corporate mea culpa campaign.

. . .Scovel said in a statement that his invesigation would provide “a thorough and objective assessment so that corrective actions can be taken by the appropriate parties to prevent such situations from happening again.”

Maybe I’m just a simple minded neandercon who hasn’t yet figured out that government is the answer to anything and everything, but I don’t see why it’s the responsibility of the federal government to waste time investigating bad business decisions. If people don’t want to be stranded for hours on end without recourse, they’ll fly with someone else who proves themselves capable of avoiding such problems. If they don’t mind, they’ll continue to fly with JetBlue. Ah, the wonders of competition.

We don’t need to spend taxpayer dollars to give JetBlue a “thorough and objective assessment” that they are perfectly capable of divining on their own when they see their next quarter earnings. Besides, if government wants to understand where the problem comes from, they should perhaps look at their own regulatory tendencies first:

Last week, the Air Transport Association, which represents most major passenger and cargo carriers, said the Federal Aviation Administration should allow delayed flights to come back to terminals so passengers can exit planes without forcing those planes to lose their place in line for takeoff.

What a novel idea.

Tuesday

27

February 2007

0

COMMENTS

Rejecting Freedom…In Nevada?

Written by , Posted in Free Markets, Liberty & Limited Government

It’s a little weird to think of Nevada as a place to reject free behaviors that harm no one, but that is precisely what state Sen. Dina Titus is proposing to do with her quest to ban “price gouging”.

People like Mrs. Titus would argue that price gouging does harm people, but they are fundamentally wrong. The single most important concept behind any free trade is that everyone wins. If a person chooses to purchase a product, it is because they have decided it is to their advantage to do so. Only when they would not voluntarily purchase a product do they find it to be to their disadvantage to pay the cost of that item. Milton Friedman once said, “underlying most arguments against the free market is a lack of belief in freedom itself.” What Mrs. Titus is really objecting to is freedom. She does not want individuals to be free to choose when an item is worth its advertised cost to them and when it is not. What’s more, she is the one bringing harm upon consumers in her ill-conceived attempt to “protect” people.

[In an emergency], if ice prices rise to the market, the man who needs to keep his insulin cold for his diabetes treatment will place a higher value on it than the man who wants to keep his beer cold, and will have a better chance of getting it. The man who might rent two hotel rooms for his family for additional comfort might, in the face of appropriately higher prices, inconvenience himself and only get one, releasing one for another whole family.

Mrs. Titus can afford to harm these individuals in her populist chest-thumping attack on price gouging, because they’ll never know they’ve been harmed. When disaster strikes and there are no supplies, it will be the Mrs. Titus’ of the world that insure goods take longer to arrive than they otherwise would have, but no one will notice at the time that, if it weren’t for liberal meddling, they might have had crucial supplies a little bit sooner. Thus it usually goes when people try to step in and say they know better than the market.

Hat tip: Club for Growth