BrianGarst.com

Malo periculosam, libertatem quam quietam servitutem.

Liberty & Limited Government Archive

Saturday

21

April 2012

0

COMMENTS

Freedom and Social Engineering Don’t Mix

Written by , Posted in Big Government, Liberty & Limited Government

Slate reports on Sweden’s radical move toward gender-neutrality:

Many are pushing for the Nordic nation to be not simply gender-equal but gender-neutral. The idea is that the government and society should tolerate no distinctions at all between the sexes. This means on the narrow level that society should show sensitivity to people who don’t identify themselves as either male or female, including allowing any type of couple to marry. But that’s the least radical part of the project. What many gender-neutral activists are after is a society that entirely erases traditional gender roles and stereotypes at even the most mundane levels.

…Earlier this month, the movement for gender neutrality reached a milestone: Just days after International Women’s Day a new pronoun, hen (pronounced like the bird in English), was added to the online version of the country’s National Encyclopedia. The entry defines hen as a “proposed gender-neutral personal pronoun instead of he [han in Swedish] and she [hon].”The National Encyclopedia announcement came amid a heated debate about gender neutrality that has been raging in Swedish newspaper columns and TV studios and on parenting blogs and feminist websites…

Hen was first mentioned by Swedish linguists in the mid-1960s, and then in 1994 the late linguist Hans Karlgren suggested adding hen as a new personal pronoun, mostly for practical reasons. Karlgren was trying to avoid the awkward he/she that gums up writing, and invent a single word “that enables us to speak of a person without specifying their gender. He argued that it could improve the Swedish language and make it more nuanced.

Today’s hen champions, however, have a distinctly political agenda…

The Swedish school system has wholeheartedly, and probably too quickly and eagerly, embraced this new agenda. Last fall, 200 teachers attended a major government-sponsored conference discussing how to avoid “traditional gender patterns” in schools. At Egalia, one model Stockholm preschool, everything from the decoration to the books and toys are carefully selected to promote a gender-equal perspective and to avoid traditional presentations of gender and parenting roles…

Ironically, in the effort to free Swedish children from so-called normative behavior, gender-neutral proponents are also subjecting them to a whole set of new rules and new norms as certain forms of play become taboo, language becomes regulated, and children’s interactions and attitudes are closely observed by teachers. One Swedish school got rid of its toy cars because boys “gender-coded” them and ascribed the cars higher status than other toys. Another preschool removed “free playtime” from its schedule because, as a pedagogue at the school put it, when children play freely “stereotypical gender patterns are born and cemented. In free play there is hierarchy, exclusion, and the seed to bullying.” And so every detail of children’s interactions gets micromanaged by concerned adults, who end up problematizing minute aspects of children’s lives, from how they form friendships to what games they play and what songs they sing.

As a philosophical conservative I place value on tradition, or the social roles and institutions that have developed over time. I am not resistant to change per se, but think it should be largely endogenous and happen gradually. I also see political systems, which necessarily operate on the principle of force, as existing outside civil society, which is governed by voluntary interaction. Therefore, I naturally resist the exogenous nature of social change as directed by government.

But I have more than just philosophical objections to this sort of meddling. There are also very practical concerns. Namely, it necessarily means a loss of freedom.

In order to force change on society, government must discourage the old behavior while also encouraging the new. The more entrenched the behavior, and I can’t really think of anything with a deeper foundation in human society than gender roles, the more discouragement tends to become suppression and encouragement force. The last paragraph above provides examples.

Social engineering necessarily diminishes freedom. The greater the change desired, the greater the loss of freedom required. For that reason alone, Sweden’s experiment is one I would consider dangerous and unwelcome.

Friday

6

April 2012

1

COMMENTS

Department of Labor Propaganda

Written by , Posted in Liberty & Limited Government

I once again find myself forced to draw parallels between the current administration and dictatorial regimes. The inundation of propaganda intended to invade the very thoughts of  the people is a necessary component for any dictator or strongman regime.  And apparently the same is needed in a democratic society when you run not on the soundness of ideas, but instead on empty sloganeering and the iconography of a charismatic leader:

Government-financed political propaganda at the Department of Labor is causing discomfort for some employees.

Signs posted in at least 20 DOL elevators depict Secretary Hilda Solis carrying a bullhorn and rallying alongside the Rev. Al Sharpton, the Free Beacon has learned. Next to the pictures is a quote from Solis that reads in part: “We all march in our own way.”

“Whether we take to the streets or simply do our work with integrity and commitment here at the U.S. Department of Labor… we are all marching toward the same goals: safe workplaces, fair pay, dignity of the job, secure retirement, and opportunities to make a better life,” the poster states.

It concludes with a call to action.

“I believe in the power of collective action. We all play a role. We all march.”

I believe in the power of individual liberty and free thought, two things which are anathema to the collectivized state.

Wednesday

4

April 2012

1

COMMENTS

Private Does It Better

Written by , Posted in Big Government, Liberty & Limited Government, Waste & Government Reform

This is apparently an old story from a couple years ago, but I just came across it. First, the story:

Their livelihood was being threatened, and they were tired of waiting for government help, so business owners and residents on Hawaii’s Kauai island pulled together and completed a $4 million repair job to a state park — for free.

…Polihale State Park has been closed since severe flooding destroyed an access road to the park and damaged facilities in December.

The state Department of Land and Natural Resources had estimated that the damage would cost $4 million to fix, money the agency doesn’t have, according to a news release from department Chairwoman Laura Thielen.

…And if the repairs weren’t made, some business owners faced the possibility of having to shut down.

…So Slack, other business owners and residents made the decision not to sit on their hands and wait for state money that many expected would never come. Instead, they pulled together machinery and manpower and hit the ground running March 23.

And after only eight days, all of the repairs were done, Pleas said. It was a shockingly quick fix to a problem that may have taken much longer if they waited for state money to funnel in.

It would be easy to take a story like this and generalize about the uselessness of government, but I don’t want to overstate the lesson here. This is a very particularly case that is not likely to be applicable in many other situations. Specifically, the residents had a very strong financial interest in restoring access to the park, enough to overcome the collective action and free-rider problems.

But what strikes me as really interesting is the stark contrast between the cost estimates by the government and the amount of work it actually took from the volunteers. The government needed $4 million dollars to do what a handful of volunteers got done in eight days. That is a shocking amount of waste and incompetence, and this sort of thing probably goes unnoticed every single day. Only this time, because folks got together to act, we were able to see clearly just how incompetent government is.

If ever there was proof for the inefficiency and waste inherent in government, this is it.  The lesson here is not that government is necessarily unneeded, but rather that anything which can be accomplished by some other means than government, should be.

Tuesday

3

April 2012

5

COMMENTS

The Judiciary Strikes Back

Written by , Posted in Liberty & Limited Government, The Courts, Criminal Justice & Tort

Following the President’s intemperate, childish outburst of Constitutional ignorance, one  federal appeals court is fighting back:

In the escalating battle between the administration and the judiciary, a federal appeals court apparently is calling the president’s bluff — ordering the Justice Department to answer by Thursday whether the Obama Administration believes that the courts have the right to strike down a federal law, according to a lawyer who was in the courtroom.

The order, by a three-judge panel of the U.S. Court of Appeals for the 5th Circuit, appears to be in direct response to the president’s comments yesterday about the Supreme Court’s review of the health care law. Mr. Obama all but threw down the gauntlet with the justices, saying he was “confident” the Court would not “take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress.”

…The panel is hearing a separate challenge to the health care law by physician-owned hospitals. The issue arose when a lawyer for the Justice Department began arguing before the judges. Appeals Court Judge Jerry Smith immediately interrupted, asking if DOJ agreed that the judiciary could strike down an unconstitutional law.

The DOJ lawyer, Dana Lydia Kaersvang, answered yes — and mentioned Marbury v. Madison, the landmark case that firmly established the principle of judicial review more than 200 years ago, according to the lawyer in the courtroom.

Smith then became “very stern,” the source said, telling the lawyers arguing the case it was not clear to “many of us” whether the president believes such a right exists.

Orin Kerr at the Volokh Conspiracy is upset over the rebuke, finding it to be “embarrassing to the federal judiciary.” I disagree. While I don’t necessarily think that demanding a three page response is necessary, standing up to the Obama’s dangerous assault on the judiciary certainly is.

The Obama administration, which leads a branch of the government, has since Citizens United all but declared war on another co-equal branch, the judiciary. I, for one, do not expect members of the judiciary to just sit back and take such a dangerous assault (see the damage wrought to our liberty and economic well-being by FDR’s successful attack on the Supreme Court), and am rather heartened to see that they are not.

Simply put, I don’t think it’s appropriate for a sitting President to engage in dishonest, populist assaults on a vital American institution in order to undermine freedom and expand the already near limitless power of government. I find pushing back against his intemperate outbursts to be entirely appropriate, certainly in intention if not the precise manner.

Saturday

3

March 2012

0

COMMENTS

Australia Looks to Regulate Media, Blogs

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

Although local to Australia, this news illustrates a useful point. First, the story:

PRINT and online news will come under direct federal government oversight for the first time under proposals issued yesterday to create a statutory regulator with the power to prosecute media companies in the courts.

…The proposals, issued yesterday by Communications Minister Stephen Conroy, also seek to widen the scope of federal oversight to cover print, online, radio and TV within a single regulator for the first time.

…Bloggers and other online authors would also be captured by a regime applying to any news site that gets more than 15,000 hits a year, a benchmark labelled “seriously dopey” by one site operator.

The head of the review, former Federal Court judge Ray Finkelstein, rejected industry warnings against setting up a new regulator under federal law with funding from government.

…”There must be some effective means of raising standards of journalism and of making the media publicly accountable,” the report said. “What the media have lost sight of is that they accepted the idea of press regulation by having set up the APC to make a positive contribution to the development of journalistic standards.

Yes, this is an outrageous assault on the universal principle of free speech. Granting government this kind of authority is, simply put, a recipe for tyrannical disaster. But even beyond the specific issue at hand, the statement in the last paragraph above is particularly myopic.

Where does this idea come from that accountability can only come from political processes? Public accountability is provided by free market competition. There is no stronger mechanism for accountability than the ability of citizens to choose which products they do or do not consume. Political processes, which are vulnerable to corruption and favoritism, are hardly more rigorous.

The last sentence is equally fallacious. If you look carefully at the structure of his sentence, you can see the speaker deliberately hiding the nature of his argument. He speaks of “press regulation,” but not of who is regulating. Self-regulation is not the same as government regulation. The APC, or Australian Press Council, is an industry created and funded body. Its mere existence, regardless of its level of efficacy, is in no way a concession that government should be involved, and it certainly doesn’t resolve the problem of giving government power over media. A free media is a necessary but not sufficient condition for restraining the power and abuses of any government. This initiative will make Australian media, and consequently the Australian people, less free. Let’s hope such bad reasoning does not spread to other nations.

Tuesday

28

February 2012

2

COMMENTS

Federalism vs. Eminent Domain

Written by , Posted in Big Government, Legislation, Liberty & Limited Government

The issue of eminent domain and the outrageous Kelo decision are what first drove me to start blogging. The idea that government goons could legally force people off their property for the benefit of private entities was enough to get my blood boiling – and still does. Thankfully, most states reacted to the troubled decision by enacting eminent domain protections, though not all were effective and many problems still remain.

Being debated before Congress today is the Private Property Rights Protection Act of 2012, a bill with bipartisan support which would prohibit a state “from exercising its power of eminent domain … over property to be used for economic development … if the state or political subdivision receives federal economic development funds during any fiscal year in which the property is so used or intended to be used.” Sounds wonderful, right? Well, not really.

I’ve written many times about both the benefits of federalism and the dangers of granting the federal government the right to use the disbursement of dollars to force states into specific policy choices. Such use of taxpayer money undermines the idea of separate jurisdictions of government authority, and the benefits we derive from it (the separation of powers between state and federal governments is equally as important as that between the executive, legislative and judicial branches), rendering the states as little more than regional magistrates of a central authority on which they are financially dependent. Ideally, the federal government should be sending no money to the states.

Without the jurisdictional competition of federalism, most people would see the majority of political decisions impacting their lives as being made in a far off Capitol completely out of touch with the challenges they face on a daily basis. The bill also “prohibits the federal government from exercising its power of eminent domain for economic development,” which I wholeheartedly support, but it is not the place of the federal government to force states to do the same. That is the responsibility of the citizens and elected bodies of the respective states.

Monday

23

January 2012

0

COMMENTS

Private Family Matters

Written by , Posted in Big Government, Liberty & Limited Government, The Courts, Criminal Justice & Tort

On the 39th anniversary of Roe v. Wade (an odd number on which to get sentimental), President Obama released a statement that begins with this extraordinary claim:

As we mark the 39th anniversary of Roe v. Wade, we must remember that this Supreme Court decision not only protects a woman’s health and reproductive freedom, but also affirms a broader principle: that government should not intrude on private family matters.

Private family matters such as which car to buy, which doctor to use, or which insurance plan to purchase…well, those are certainly the business of Barack Obama. But whether or not a helpless, arguably human life (depending on when you think such begins) is destroyed, that’s no one’s business! How is this man so widely considered a serious political thinker?

Saturday

26

November 2011

0

COMMENTS

Can One Want to Follow Even An Imperfect Constitution?

Written by , Posted in Liberty & Limited Government

Politico reporter Reid Epstein is vexed by Republican presidential candidates who promote constitutional fidelity, but yet also call for amending the document:

To hear the Republican presidential candidates tell it, the U.S. Constitution is the guiding light of democracy, a bedrock document so perfect and precise that it shouldn’t be challenged, interpreted or besmirched by modern-day judges.

Except for all the parts the GOP candidates themselves want to change.

The same candidates promising to appoint strict constructionist judges clearly think the Framers, for all their wisdom and foresight, forgot a few things, which they now want to tack on with an array of proposed constitutional amendments that would bulk up the document.

Oh, the hypocrisy! But wait…there is no conflict here at all. Epstein’s piece confuses advocation for constitutional fidelity with a belief that either the document or the Founders are perfect. But that isn’t the point.

By adhering to the supreme legal document of the land we guarantee that we have a nation of laws and not of men. When elected officials decide they know better than the Constitution and disregard it at will, that is no longer the case.

But the Constitution is amendable for a reason. It is necessarily imperfect and needs to be open to change over time. The main point is that doing so through the appropriate means maintains the rule of law and is thus perfectly consistent with views promoting Constitutional adherence.

The choice is not, as Epstein seems to understand it, between either believing that the Constitution is perfect and unassailable or being willing to step out from under its limits where necessary. The real choice is between whether we believe politicians are bound by the limitations clearly established within the Constitution, or that they may act freely within only electoral constraints – a system akin to mob rule.

Thursday

10

November 2011

4

COMMENTS

The Real Problem With the "Christmas Tree Tax"

Written by , Posted in Economics & the Economy, Government Meddling, Liberty & Limited Government, Taxes

Yesterday evening, Heritage spotted a conspicuous entry in the day’s publication of the Federal Register, defining a new tax on Christmas trees, which would fund a Christmas Tree Promotion Board. The story quickly blew up and went viral, and now the Administration is delaying implementation of the proposal.

The left has been quick to point out that the fee is welcomed by the industry, which wants the Christmas Tree Promotion Board to help reverse the downward trend in Christmas Tree sales versus their fake counterparts. They’ve tried creating a board in the past, it seems, but they kept falling apart as members were unable to overcome the free-rider problem, where none wanted to pay to benefit all. So in stepped government.

What’s wrong with this picture? It isn’t really the tax, which the government has falsely tried to claim is not actually a tax, which is both minuscule, amounting to 0.3% assuming an average tree price of  $40.00, and welcome by the industry. The problem is the fact that government is once again picking industry winners and losers.

Consider this description of the rule from OIRA (emphasis mine):

The Christmas Tree Promotion, Research, and Information Order would be implemented under the Commodity Promotion, Research, and Information Act of 1996. The purpose of the new program would be to increase the demand of Christmas Trees in the United States. The proposed new program will assist the fresh Christmas tree industry to: develop and finance an effective and coordinated program to strengthen the position of industry; and maintain, develop, and expand existing markets for fresh Christmas trees. Over the past 15 years, the sales of fresh Christmas trees has decreased from 37 million to 33 million trees. The decline in sales closely reflects the increase in sales of artificial trees. It is the hope of the fresh Christmas tree industry that a research and promotion program will help create a well coordinated national campaign to increase the demand of fresh Christmas trees. The industry has tried voluntary marketing campaigns only to watch them fade when contributors feel they are carrying the weight of the entire industry.

The purpose of the government program is to increase demand of Christmas Trees. Demand for Christmas Trees has declined because of rising demand for artificial trees. Presumably, then, increasing demand for Christmas Trees will require reducing demand for artificial trees. That’s great for the Christmas Tree industry, but not so great for the artificial tree industry.

Why is the government siding with one over the other?

This is a classic case of special interest politics, where government acts in the interest of one particlar interest at the expense of another. The targeted industry is often forced to respond by increasing lobbying and other government related activities of their own. The collective result is a drain of resources away from productive use and toward rent-seeking.

If people are increasingly abandoning real Christmas Trees for their artificial counter-parts – which don’t make a mess, require no watering, and can be reused year after year – it’s likely because consumers are increasingly judging the latter to be a superior product.  The government should not take it upon itself to try and change their minds, nor assist a competing industry in doing so.