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political philosophy Archive

Wednesday

4

February 2009

0

COMMENTS

Paying Dues

Written by , Posted in Liberty & Limited Government, Taxes

The Guardian has a big series they are doing on tax evaders called Tax Gap.  In discussing the series, this article notes various responses they’ve gotten from across the political spectrum.  According to the Guardian, a number of responses “welcome the Guardian’s exposés as finally holding transnational corporations to account and asking them to pay their dues to the society from which they benefit.”

This kind of attitude is horribly misguided.  I’m not going to get into the debate over the actions of the companies the Guardian has reported on (most of it being legal, however).  Rather, I want to address this specific view that corporations owe society something, and that they are, to date, not supplying it.

The reasoning for this argument usually progresses as follows: “Corporation A has made X amount of profit in our country; they owe us!”

The unspoken implication of this reasoning is that Corporation A has provided nothing of value in return for its profit.  But this is false.  Profits are made by providing desired goods.  The people have benefited from Corporation A’s presence just as much, if not more, than Corporation A has – else it would have no profit.

There is a limited exception, which is the general benefit that rule of law provides to everyone.  However, there are two important caveats here.  First, the benefit is given to all, and corporations owe no more thanks for it than anyone else.  Second, and most important, the amount of tax revenue needed to actually fund this function of government is incredibly small compared to what governments today attempt to raise.  Even the biggest tax evading companies, if they still pay any taxes at all, are supplying enough funds to pay for their benefit from this.

The rest of the taxes collected go to funding massive welfare states and entitlement programs.  I’m not going to discuss the entirety of the moral and ethical arguments surrounding paying these taxes, other than to say that it is not sufficient to prove a moral obligation to pay for this simply by showing that a corporation has produced a profit.

Monday

15

December 2008

0

COMMENTS

Reflections On National Bill Of Rights Day

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

December 15th is National Bill of Rights Day. The holiday was established in 1941 to commemorate the 150th anniversary of the ratification of the first ten amendments to the Constitution. It is of a deep irony that the President who authorized the holiday, Franklin Roosevelt, was one of the most prolific violators of the document.

This observation ties in rather well to the larger question of this post: was the Bill of Rights a good idea? I know what you’re thinking, “Of course it was! We need the Bill of Rights to protect us from government infringement on our rights.” Certainly this is a noble goal, and all of the items within the Bill of Rights are worthy of such protections. But in a world of campaign finance reform (violates First Amendment), drug wars (Ninth and Tenth) and their enforcement (Fourth), eminent domain abuse (Fourth and Fifth), coercive “plea bargaining” tactics (Sixth), gambling laws (Ninth) and social security (Tenth), it seems quite reasonable to me to consider whether the Bill of Rights has accomplished its goal, or even done more harm than good.

There was strong debate over the Bill of Rights before the ten amendments were added. The Anti-Federalists thought that the Constitution provided for a central government that would be too big and would take power from the states. History has shown that their concerns were warranted. As a check on the federal government, they demanded a Bill of Rights be included. But the arguments of the Federalists opposing the Bill of Rights have also proven prescient.

In Federalist No. 84, Alexander Hamilton argued that a bill of rights “would contain various exceptions to powers which are not granted; and on this very account, would afford a colorable pretext to claim more than were granted. For why declare that things shall not be done which there is no power to do?” Given that the enumerated powers of the Constitution are now all but ignored, this argument has gained historical weight.

It was also worried that a listing of rights would imply that those rights not mentioned had no protections, or were less important. In the infamous footnote 4 of United States v. Carolene Products Co. (1938), Justice Stone (actually, it was written by his law clerk Louis Lusky) articulated a distinction between different rights, stating that some would get “more exacting judicial scrutiny,” while others, like our now eroded economic rights, would not. The Footnote Four framework would remain in effect until the Supreme Court found a right to privacy in Griswold v. Connecticut, where Justice Goldberg cited the Ninth Amendment in his concurrence. Despite this, the current framework (Footnote Four-Plus) still treats the ninth and tenth amendments largely as afterthoughts. At present judges simply pick and choose which unenumerated rights deserve a presumption of constitutional protection. This is exactly the opposite of what the Constitution intended, where government would be forced to justify its actions from the list of enumerated powers, rather than being able to do anything that wasn’t expressly prohibited.

The Federalists were able to foresee this outcome, yet went along with the Bill of Rights anyway. The popular historical account is that this was a purely political concession designed to ensure enough states ratified the Constitution. This is not entirely accurate. James Madison, a Federalist, acknowledged that, “My own opinion has always been in favor of a bill of rights, provided it be so framed as not to imply powers not meant to be included in the enumeration.” In other words, a bill of rights would be desirable if it could be constructed to avoid the negative outcomes Federalists predicted. Taking the lead in authoring the amendments, Madison attempted to accomplish just such a feat. Unfortunately, we are left to conclude he was not successful. Our economic rights remain in exile, while the Ninth and Tenth amendments are all but ignored by the federal government and the courts.

Yet it is not altogether clear to me that we’d be better off without the Bill of Rights. It’s plausible that things might otherwise be worse, that even more rights would be ignored by the government. Still, it seems equally plausible that, if not for the enumerated rights (and the contrast it creates with unenumerated rights), government might have found less legal justification to stray from its enumerated powers. In either case, it’s hard to imagine a set of amendments more clear in their protections, thus suggesting little hope that better crafted amendments would better constrain government. Though if I were to offer one modest suggestion, I’d reword the Ninth amendment to say: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. And this time we mean it!

Monday

24

November 2008

4

COMMENTS

Polarization: No End In Sight

Written by , Posted in Liberty & Limited Government

While John McCain and Barack Obama disagreed on taxes, health care and foreign policy, there is at least one issue on which they found common ground during the recent presidential campaign: the polarization of Washington and the nation. Both candidates made it one of their central themes. McCain observed that he’s “never seen Washington as polarized as it is today,” while Obama thought that President Bush “polarized us when he should have pulled us together.”  McCain promised, while accepting his party’s nomination, to end the “constant partisan rancor” of Washington, while Obama made sure to clarify that he wasn’t blaming voters by noting that “the country is not as polarized as our politics would suggest.” Rather, we are to conclude, it is cynical politicians who exploit wedge issues to win elections, and launch personal attacks against their opponents, that are to blame. To hear each candidate tell it, all we need is the right leader with a conciliatory tone to unite America and end polarization. History shows this to be a fantasy.

The conventional wisdom is that politicians create polarization by being excessively negative in their campaigning. Every four years we are told that the current election is the most negative in history. Commentators bemoan the debasement of the political process, while reporters highlight voters turned off by the negative tone. Rarely are these assertions placed into historical context. The problem with the conventional wisdom is that our politics are no more contentious today than in the past.

The birth of the attack campaign can be traced back to 1800 and the contest between President John Adams and then Vice-President Thomas Jefferson. Despite the personal friendship of the candidates, the campaign was brutal. Adams was accused of having a “hideous hermaphroditical character, which has neither the force and firmness of a man, nor the gentleness and sensibility of a woman.” Jefferson was “a mean-spirited, low-lived fellow, the son of a half-breed Indian squaw, sired by a Virginia mulatto father.”

This is not to say that Americans haven’t become more polarized, but we should separate the distinct issues of campaign negativity and polarization of voters. Political mudslinging is not new, but there has been an increase in the degree to which voters view others as not just political opponents, but as outright enemies. Negativity is a constant and thus incapable of explaining changes in polarization. To what, then, can we attribute increasing polarization?

While negative campaigning has not changed since 1800, the size and scope of government has. It doesn’t matter which measurement is used; they all tell the same story. Per capita expenditures – the amount of money spent by the government per citizen – exploded during the 20th century, growing in 2004 to 55 times that of 1910. Total government expenditures at all levels (federal, state and local) grew 417% in just the last half century. Economic growth cannot account for this increase, as it has been significantly outpaced by government spending. With the federal government falling all over itself to hand out shockingly large sums of money to banks, automakers and any other big business that asks nicely, or at all, this trend shows no signs of slowing.

Despite the modest downsizing after the end of the Cold War, by 2000 the federal government employed almost 3 million people, and government employment at the federal, state and local level now combine for 16% of the total national work force. There are ten additional cabinet positions compared to the beginning of the 20th century. So in addition to spending more, they are also doing more.

We have all these bureaucrats to manage the regulations covering every aspect of our lives. Government tells us what we can eat, where we can smoke, what medicines we can use and what insurance we can purchase. It even tells us who we can marry and where we must send our children to school, along with what they must be taught.

This intrusion of government has sparked the “culture war.” It exists because government, by design, requires one-size-fits-all solutions on issues on which there is no one size that fits all. As an example, when parents cannot choose where to send their kids to school, they must fight within the political system to see that the schools teach what they want. Different parents have different ideas, often mutually exclusive, on what they want their children to learn. Because they must fight over control of the same system, some must inevitably lose.

When issues of importance to the people must be fought over, it’s understandable that the fighting can be intense. A lot is at stake in every election. Repeat this process again and again, on issue after issue, and it is little wonder why Americans are polarized today. Government has pit us against our fellow citizens in a battle for control of our own lives. It’s a battle we can only lose, and which the new administration’s big government programs can only make worse.

Sunday

23

November 2008

0

COMMENTS

A Resounding Vote For Federalism

Written by , Posted in Big Government

I recently sent the following letter to the New York Times:

To the Editor:

A Resounding Vote for Open Space,” (editorial, Nov. 18) notes that voters in several states approved large spending proposals for preserving open land.  The editorial wrongly concludes that Congress should follow suit and “grant permanent wilderness protection to two million acres of public land.”

The federal government already owns 650 million acres of land – nearly 30% of the total U.S. territory.  It doesn’t need more. That voters chose to approve open land initiatives at the state level doesn’t amount to “an explicit rebuke to President Bush,” but instead shows the popularity of local control. Approving state money through referendums ensures that those who live near preservation lands – and thus receive most of the benefits – are the ones to bear the costs.

The government should do the opposite of what the editorial suggests: sell as much federal land as it can and help close the federal budget’s record shortfalls.

Sincerely,

Brian Garst

Monday

16

October 2006

0

COMMENTS

Scalia Debates ACLU President

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

Arguing that liberal judges in the past improperly established new political rights such as abortion, Scalia warned, “Someday, you’re going to get a very conservative Supreme Court and regret that approach.”

“On controversial issues on stuff like homosexual rights, abortion, we debate with each other and persuade each other and vote on it either through representatives or a constitutional amendment,” the Reagan appointee said.

“Whether it’s good or bad is not my job. My job is simply to say if those things you find desirable are contained in the Constitution,” he said.

I think the headline here is rather telling. “Scalia Defends Positions in TV Debate”. It was a debate. That means that the two participants were both defending their positions as well as attacking those of the opposition. The headline, however, paints it as if Scalia was particularly defensive. The implication being that his opinions are errant, and in stronger need of defense.

Update: It looks like someone agreed with me as the headline has been changed. It now reads as the much more informative and less opinionated, “Scalia, ACLU Head Face Off in TV Debate”.

Saturday

4

March 2006

0

COMMENTS

Time For Tough Love With Palestine?

Written by , Posted in Foreign Affairs & Policy

By now we’ve all heard the January 25th results of the Palestinian elections. Hamas, recognized by the U.S. government as a terrorist organization, declares itself committed to the destruction of Israel and has now achieved electoral victory in Palestine. It’s time that we look at how our policies might have helped contribute to this outcome.

The United States has already donated almost $2 billion dollars to the Palestinian people, mostly through either the United Nations or various other international organizations. House Representative Henry Hyde, chairman of the Committee on International Relations, believes that “without question, continued assistance from the U.S. and other donors is essential to meeting basic human needs and avoiding a worsening of conditions in general.” That is without question, but what we should be questioning is whether or not it’s a good idea for us to be meeting their needs.

We do not believe a welfare state is good for America. The overwhelming support for welfare reform in the mid-nineties illustrated that Americans believe too big a safety net will result in individuals deciding they don’t have to try and better themselves. Why do we expect a different result in Palestine? But this is about more than just the Palestinian people; it’s also about their government, which is currently a terrorist organization.

Mr. Hyde hopes “that the leaders of Hamas will combine their new mandate with wisdom and compassion for their own people and avoid the exhilarating temptations of apocalyptic visions.” Why should they? Why waste energy trying to help Palestinians when there are countless caring international bodies ready to do it for them? We didn’t prop up Russia’s failed society in the midst of the Cold War, nor should we have as it would have allowed their dangerous government to hold on to power that much longer. Most Russian citizens weren’t involved in that government, they weren’t threatening our country. How come we weren’t as compassionate then and why didn’t we give them financial support? We didn’t because we recognized that to do so would have negative long term consequences. For just the same reason that a welfare state has  negative long term economic and social impact. Why, then, are we propping up terrorist societies in the midst of our so-called war on terror?

Every parent, rather I should say every good parent, knows there is a time when a leeching child must be cut loose for their own good. It might feel more compassionate to give them everything they need, but to do so means they will never learn to support themselves. The Palestinian government has learned they don’t have to support their citizens, as we will compassionately do it for them, allowing them plenty of time to work on their other goals – like the destruction of Israel.