The Intellectual Life

Alanyzer posts a review of The Intellectual Life, by A.G. Sertillanges, O.P. Read the review, then buy the book. A faculty adviser gave me a copy about 45 years ago. I read it then, and re-read it many times before passing it along to my son. I think I’ll buy another copy and read it again.

Where’s Substantive Due Process When You Need It?

McQ at QandO asks “Massachusetts ‘health care’ prelude to government takeover?” — and answers in the affirmative. When it happens, I am sure that the U.S. Supreme Court will be asked to step in. The Court ought to invalidate any such takeover as a violation of liberty of contract, which is guaranteed in Article I, Section 10, of the Constitution. The Court used to invoke the doctrine of substantive due process to uphold liberty of contract. As I pointed out here:

The Framers understood very well that obligation of contracts (or liberty or freedom of contract) is both a matter of liberty and a matter of property. For to interfere legislatively with liberty of contract amounts to a deprivation of due process because such interference prevents willing parties from employing their labor or property in the pursuit of otherwise lawful ends. That is, the legislature finds them “guilty” of otherwise lawful actions by forbidding and penalizing those actions.

State-run health insurance would deprive health-care providers and their patients of the freedom to decide the terms under which they will do business with one another.

This post at The Volokh Conspiracy suggests that the concept of substantive due process, which came to maturity in Lochner v. New York (1905), only to be cast aside during the New Deal, may be regaining respectability. If that’s true — and I hope it is — it will be just in time to save the citizens of Massachusetts from the Commonwealth’s version of socialized medicine.

Charles Murray’s Grand Plan

Charles Murray — he of The Bell Curve fame — recently unveiled his grand plan to overhaul the welfare state. His plan, which Murray outlines in his new book, In Our Hands : A Plan To Replace The Welfare State, amounts to this: Cut out the government middleman and give everyone who is older than 21 and not in jail $10,000 a year (or less, depending on income). The idea, I guess, is to accomplish three things:

  • Eliminate the “house cut,” that is, the cost of maintaining the multitude of bureaucracies, consultants, and contractors. In addition to wasting money, they often are effective self-promoters.
  • Eliminate myriad special-interest programs — each of which has a vocal constituency — because these are seldom cut or eliminated individually, in spite of an aggregate cost to which most taxpayers object. Make the welfare state an all-or-nothing proposition in which every free adult has an equal stake.
  • Let individuals decide for themselves how best to use their “gift” from other taxpayers. On balance, they will make better decisions than bureaucrats, and those decisions (e.g., more education) will yield higher incomes. Thus the cost of the program will go down in the long run, and support for its expansion will be harder to come by.

Here are excerpts of Murray’s interview with Kathryn Jean Lopez, editor of National Review Online:

Kathryn Jean Lopez: First things first. $10,000? Who’s getting and when? And can I use it on my credit-card debt?

Charles Murray: If you’ve reached your 21st birthday, are a United States citizen, are not incarcerated, and have a pulse, you get the grant, electronically deposited in monthly installments in an American bank of your choice with an ABA routing number. If you make more than $25,000, you pay part of it back in graduated amounts. At $50,000, the surtax maxes out at $5,000. I also, reluctantly but with good reason, specify that $3,000 has to be devoted to health care. Apart from that, you can use the grant for whatever you want. Enjoy. . . .

Lopez: How can even low-income folks have a “comfortable retirement” under your plan? Is that foolproof?

Murray: Someone turning 21 has about 45 years before retirement. The lowest average real return for the U.S. stock market for any 45-year period since 1801 is 4.3 percent. Round that down to 4 percent and work the magic of compound interest. Just a $2,000 contribution a year amounts to about $253,000 at retirement. A low-income couple that has followed that strategy retires with more than half a million dollars in the bank plus $20,000 continuing annual income from the grant. Sounds comfortable to me. As for “foolproof,” think of it this way: All of the government’s guarantees for Social Security depend on the U.S. economy growing at a rate that, at the very least, is associated with an historically worst average return of 4 percent in the stock market (actually, it needs a much stronger economy than that). Absent economic growth, no plan is foolproof. With economic growth, mine is. . . .

Lopez: Under your plan, the government spends more first, but saves money in the long run, right? But is there any guarantee folks in the future abide by the plan? Can’t a few pols wanting to restore an entitlement here or there ruin things?

Murray: I leave the size of the grant to the political process, but there is a built-in brake. Congress can pass hundreds of billions of dollars in favors for special groups, because no single allocation is large enough to mobilize the opposition of a powerful coalition opposing it. A change in the size of the grant directly effects everyone over the age of 21. Every time Congress talks about changing the size of the grant, it will be the biggest story in the country.

The one thing that can’t be left to the political process is the requirement that the grant replace all other transfers. That has to be a constitutional requirement, written in language that even Supreme Court justices can’t ignore. Assuming such a thing is possible.

And there’s the rub. Coalitions of special-interest groups will band together in defense of the status quo because each of them will seek to preserve “its” program. The fact that they and their constituencies are paying each other’s freight won’t matter. They’ll believe (or pretend to believe) that they’re soaking the rich and “big business,” when — in reality — they are burdening the poor by disincentivizing the inventors, innovators, and entrepreneurs who are the mainspring of economic growth. Murray’s grand plan is therefore more likely to be implemented as an add-on to the welfare state than as a substitute for it.

Nevertheless, unlike the anarcho-capitalist contingent, I won’t characterize his proposal as unlibertarian. If it were adopted as an alternative to the present system it probably would lighten the weight that government places on us. That would be great progress, but anything short of the abolition of government is unacceptable to Rothbardians, for they dwell in a wonderland of impossibility. (See this post, for example, and follow the links therein.)

One commenter — a columnist at Bloomberg.com by the name of Andrew Ferguson — has a different objection to Murray’s plan:

His larger goal is to revive those social institutions, particularly the family, the workplace and the local community, which the welfare state has weakened and supplanted and “through which people live satisfying lives.”

If you want to see the enervating effects of the all- encompassing welfare state, he says, look at Europe, where marriage and birth rates have plunged and work and religion have lost their traditional standing as sources of happiness and personal satisfaction. . . .

In Europe, he says with evident disdain, “the purpose of life is to while away the time as pleasantly as possible.”

Here the reader of “In Our Hands” may suddenly pull up short. What began as a wonkish policy tract enlarges into an exploration of how people live lives of meaning and purpose.

Who knew? It turns out that Charles Murray, the nation’s foremost libertarian philosopher, is a moralist.

In the end, though, moralizing and libertarianism make for an uncomfortable fit.

On the one hand, Murray says he wants to liberate citizens from the welfare state so they can live life however they choose. On the other hand, by liberating citizens from the welfare state, he hopes to force them back into lives of traditional bourgeois virtue.

Mr. Ferguson once wrote speeches for President George H.W. Bush. And it shows in the shallowness of his analysis. Murray is not “moralizing.” Murray is explaining that when individuals are liberated from the welfare state they are more likely to adopt — voluntarily — those mores that keep the welfare state at bay. Murray isn’t hoping to “force” people “back into lives of traditional bourgeois virtue” (the condescenscion drips from that phrase), he is saying that liberty rests on what Ferguson chooses to call “traditional bourgeois virtue.” (For an extended analysis of that proposition, read this, and especially this segment.)

It’s Mostly a Matter of Attitude

Leftism/anarcho-capitalism vs. conservativism/neolibertarianism:

Mutts, April 9, 2006, © 2006 Patrick McDonnell.

Related posts:

Libertarian-Conservatives Are from the Earth, Liberals Are from the Moon
The Worriers
More about the Worrying Classes
A Dissonant Vision

The Causes of Economic Growth

There are several reasons that the real value of aggregate and per-capita economic output increases with time, in a (more-or-less) free-market economy:

1. Hard work

The tradeoff here is with “non-work” activities, and the tradeoff can be costly. But those who choose wisely in sacrificing non-work activities then acquire additional cash income, which can be used to offset the loss of non-work time and/or to improve the tools of one’s trade.

2. Smart work

Working smarter requires education, specialized training, and on-the-job learning. Today’s workers are (on the whole) more productive than their predecessors because the education, training, and on-the-job learning of today’s workers incorporates lessons learned by their predecessors.

3. Saving and investment

Resources that are saved (not used to produce consumption goods) can flow into investment (services and goods such as pharmaceutical research and development, advanced computer and telecommunications technologies). It is investment that enables the production of new, more, and better consumer goods with a given amount of labor. (Government investment is an inferior alternative to private investment.)

4. Invention, innovation, and entrepreneurship

These are the primary activities through which saving becomes investment, usually via the medium of financial institutions. Inventors, innovators, and entrepreneurs (along with shareholders, debtholders, and financial intermediaries) accept the risks associated with failure and the rewards of success. It is the prospect of rewards that encourages invention, innovation, and entrepreneurship — and the benefits they bestow on workers and consumers. (Invention, innovation, and entrepreneurship — like work — are “socially responsible” activities because the pursuit of gain is motivated by the satisfaction of wants.)

5. Trading

If A makes bread and B makes butter — and if both prefer buttered bread — both benefit from trade. Where they produce bread and butter matters not; A and B could be neighbors, live in different parts of the United States, or one of them could live in a different country. In any event, both are made better off through voluntary exchange.

6. Population growth

Given the foregoing, a larger population means more people to work “hard” and “smart”; more output that can be saved and invested; more inventors, innovators, and entrepreneurs whose activities can be leveraged into greater per-capita output; and a multiplication of opportunities for beneficial voluntary exchange.

7. The rule of law under a minimal state

Predation — whether by individuals, mobs, or government — discourages everything that fosters economic growth. The more that government tries to direct the economy, the less it will grow and satisfy human wants.

Other related posts:
Why Outsourcing Is Good: A Simple Lesson for Liberal Yuppies
Trade Deficit Hysteria
Brains Sans Borders
The Main Causes of Prosperity
Straight Thinking about Business Cycles
Understanding Economic Growth
The Population Mystery
The Economy Works, in Spite of Zany Economists
What Economics Isn’t
Why Government Spending Is Inherently Inflationary
Understanding Outsourcing
A Simple Fallacy
Ten Commandments of Economics
More Commandments of Economics
Three Truths for Central Planners
Bits of Economic Wisdom
Productivity Growth and Tax Cuts
Zero-Sum Thinking
Economist, Heal Thyself
Liberty, General Welfare, and the State
Monopoly and the General Welfare
Trade, Government Spending, and Economic Growth

Wrong Verdict

This galls me:

Texas Mom Not Guilty by Reason of Insanity

By JULIA GLICK, Associated Press Writer

McKINNEY, Texas – A mother charged with murder for cutting off her baby daughter’s arms in what her lawyers portrayed as a religious frenzy was found not guilty by reason of insanity Friday by a judge.

The proper verdict is “guilty but insane.” The proper punishment is treatment (for the little good it will do), followed by a life sentence without possiblity of parole. Instead, the woman in question “will be sent to a state mental hospital and held until she is no longer deemed a threat to herself or others.” But a “cure” for murderous behavior is unlikely, and the hospital’s incentive will be to pronouce her “cured.” After all, why should taxpayers support a nut-house that can’t cure nut-cases?

Related post: I’ll Never Understand the Insanity Defense

Hanging Separately

Norman F. Hapke Jr. has an insightful post at The American Thinker. In “The Antiwar Crowd Forgets We’re All in This Together,” he writes:

Wellington is reputed to have said, “A great nation cannot fight a small war.” His country’s success in the 19th century belied that idea for Great Britain, but our experience in Viet Nam and Iraq lends some credence to the phrase. In neither place were we ever in any danger of losing militarily, but in each our adversaries have focused on the real center of gravity, our self-confidence and will-to-win.

Our enemies are vile and heartless but they are not stupid. There is a direct bright line from the Buddhist monk’s self-immolation in Saigon in 1963 through Somalia in 1998 to Abu Ghraib and every suicide bomber driving the streets of Baghdad today. They know we are susceptible to what the media, by its institutional imperative, wants to show us, and they exploit our openness. That fact of our society is a given.

What is not a given is how our elites have reacted. . . .

Our elites and politicians have failed to realize that the best chance we have of winning this war quickly and with minimum losses is if our adversary sees a united, resolute America putting its disagreements aside so that it can bring maximum power and ingenuity to bear on achieving its objectives. If we foreclose the only avenue they have of ever coming close to defeating us, the war will soon be resolved. We can argue the origins of the war, the faulty intel, and all those presently irrelevant issues when our boot is on the bloody neck of the last terrorist. Until then we should concentrate on winning. No one on this planet can defeat us. We can only defeat ourselves.

Precisely. I concluded “Shall We All Hang Separately?” with these thoughts:

The Left has, by its words and deeds over the decades, seceded from the mutual-defense pact of the Constitution. The Left has served notice that it will do everything in its power to weaken the ability of those Americans who aren’t post-patriotic to prepare for and execute an effective mutual defense.

Lincoln said, “A house divided against itself cannot stand.” And Lincoln was right, but he was able to reunite the “house” by force. That is not an option now. The Left has more effectively seceded from the Union than did the Confederacy, but the Left’s secession cannot be rectified by force.

And so, those Americans who wish “to provide for the common defence” are forced to share a foxhole with those post-patriots who wish to undermine “the common defence.”

If the Left’s agenda prevails, we shall indeed all hang separately.

There’s No Such Thing As a Business Tax

I cringe whenever someone proposes a business tax (or tax increase). Businesses don’t pay taxes; we all pay business taxes, one way or another.

It is true that a static, microeconomic analysis can “prove” that a particular kind of tax falls on business owners, under certain circumstances. But that is a first-order effect; it overlooks the dynamic, long-run effects of business taxes.

Even if a business tax can be contrived so as to fall (immediately) on the owners of certain kinds of businesses, the result is to drive up the costs of operating those businesses. Some businesses may be able to recoup higher costs by increasing prices, which means that the consumer is able to buy fewer units of a good or service, thus reducing the demand for the labor and capital used in the production of that good or service.

To the extent that a business tax can’t be passed along to consumers (and, indirectly, employees), the affected businesses experience lower profits. That makes business formation and expansion less attractive, thus reducing economic growth and job creation.

In any event, it should be clear that business taxes are “bad business” for consumers, workers, and business owners (who happen also to be human). A business tax has many victims, most of them unintended.

Government executives and legislators resort to business taxes because (a) they don’t understand who really pays those taxes or (b) they do understand and don’t care because their constituents don’t understand. And it makes their constituents feel good when a politician “sticks it to business.” (It’s sort of like rooting for the executioner when you’re next in line for the guillotine.)

So, when your mayor, city council, governor, or State legislature proposes a business tax (or an increase in a business tax), shout “no!” and hold onto your wallet.

Two Heroes and a Blackguard

Laurels to

[t]wo Ukraininan doctors, Vadym Lazaryev and Vladymyr Ishchenko, [who] have been seeking asylum in Ireland since 2004, after they were forced to flee their country for exposing appalling human rights abuses of women and unborn children in the Ukraine.

The doctors were part of a group working to uncover a macabre system of medical trafficking in the bodies of unborn babies, European Life Network reported today. Doctors were deceiving women into aborting their babies for false “medical” reasons, and then selling the bodies of the children. The children would be aborted live, and their bodies cut into separate organs. In some cases live dissection took place.

Most of the body parts were apparently sold to the burgeoning cosmetic industry of “foetal tissue” youth-enhancing treatments, as well as quack “medical therapies.”

In many cases, women were paid to get pregnant and to deliver the baby at a given gestation. They were paid a higher price for carrying the child closer to term, since abortion is illegal in the Ukraine after 12 weeks gestation.

Dr. Eric Pianka, on the other hand, probably roots for the dark side:

[A] few hundred members of the Texas Academy of Science rose to their feet and gave a standing ovation to a speech that enthusiastically advocated the elimination of 90 percent of Earth’s population by airborne Ebola. The speech was given by Dr. Eric R. Pianka . . . , the University of Texas evolutionary ecologist and lizard expert who the Academy named the 2006 Distinguished Texas Scientist. . . .

. . . Professor Pianka began his speech by explaining that the general public is not yet ready to hear what he was about to tell us. . . .

Pianka . . . began laying out his concerns about how human overpopulation is ruining the Earth. He presented a doomsday scenario in which he claimed that the sharp increase in human population since the beginning of the industrial age is devastating the planet. He warned that quick steps must be taken to restore the planet before it’s too late.

Professor Pianka said the Earth as we know it will not survive without drastic measures. Then, and without presenting any data to justify this number, he asserted that the only feasible solution to saving the Earth is to reduce the population to 10 percent of the present number.

He then showed solutions for reducing the world’s population in the form of a slide depicting the Four Horsemen of the Apocalypse. War and famine would not do, he explained. Instead, disease offered the most efficient and fastest way to kill the billions that must soon die if the population crisis is to be solved. . . .

After a dramatic pause, Pianka returned to politics and environmentalism. But he revisited his call for mass death when he reflected on the oil situation.

“And the fossil fuels are running out,” he said, “so I think we may have to cut back to two billion, which would be about one-third as many people.” So the oil crisis alone may require eliminating two-third’s of the world’s population. . . .

When Pianka finished his remarks, the audience applauded. It wasn’t merely a smattering of polite clapping that audiences diplomatically reserve for poor or boring speakers. It was a loud, vigorous and enthusiastic applause. . . .

He spoke glowingly of the police state in China that enforces their one-child policy. He said, “Smarter people have fewer kids.” He said those who don’t have a conscience about the Earth will inherit the Earth, “. . . because those who care make fewer babies and those that didn’t care made more babies.” He said we will evolve as uncaring people, and “I think IQs are falling for the same reason, too.”

With this, the questioning was over. Immediately almost every scientist, professor and college student present stood to their feet and vigorously applauded the man who had enthusiastically endorsed the elimination of 90 percent of the human population. Some even cheered.

Pianka and his sychophants, I am sure, believe that they are among the chosen 10 percent who should be spared. Pianka clearly belongs to that breed of doom-sayers which wants a society that operates according to its strictures. But society refuses to cooperate, and so the doom-sayers conjure historically and scientifically invalid explanations for the behavior of man and nature. By doing so they are able to convince themselves — and gullible others — that their vision is the correct one. Because they cannot satisfy their power-lust in the real world, they retaliate by conjuring a theoretical world of doom. It is as if they walk around under a thought balloon which reads “Take that!”

I would trade a million Piankas for Drs. Vadym Lazaryev and Vladymyr Ishchenko.

(Thanks to my daughter-in-law and son for pointing me to the linked stories.)

More Communitarians

Occam of the Carbuncle improves on my analysis of communitarianism:

. . . Liberty Corner offers a convenient compass for navigating the political jungle.

“The communitarian state is simply too seductive. It co-opts its citizens through progressive corruption: higher spending to curry favor with voting blocs, higher taxes to fund higher spending and to perpetuate the mechanisms of the state, still higher spending, and so on. Each voting bloc insists on sustaining its benefits — and increasing them at every opportunity — for one of two reasons. Many voters actually believe that largesse of the communitarian state is free to them, and some of them are right. Other voters know better, but they grab what they can get because others will grab it if they don’t.” . . .

I would add a third type of communitarian voter to Tom’s list – the one who knows the state’s largesse is not free, but sincerely believes that the strictly enforced “compassion” of collectivist initiatives is the best way. This voter is typically driven by a belief in the inevitability of poverty and a sort of noblesse oblige toward the less “fortunate”. Typically, the paying of taxes is viewed by this sort of voter as a sacred duty and even a privilege. The state is seen as a massive charitable organization.

Spot on.

More than Enough of Armchair Critics

I wrote “Enough of Amateur Critics” in response to all the finger-pointing and blame-shifting that ensued the devastation caused by Hurricane Katrina. The principles therein apply to matters other than natural disasters. There’s war, for instance. In that regard, Jay Tea of WizBang! advances my theme in “Everyone makes missteaks.”

Remember the "Little Ice Age"?

George Will does. As do I.

One Sunday morning in January or February of 1977, when I lived in western New York State, I drove to the news stand to pick up my Sunday Times. I had to drive my business van because my car wouldn’t start. (Odd, I thought.) I arrived at the stand around 8:00 a.m. The temperature sign on the bank across the street then read -16 degrees (Fahrneheit). The proprietor informed me that when he opened his shop at 6:00 a.m. the reading was -36 degrees.

That was the nadir of the coldest winter I can remember. The village reservoir froze in January and stayed frozen until March. (The fire department had to pump water from the Genessee River to the village’s water-treatment plant.) Water mains were freezing solid, even though they were 6 feet below the surface. Many homeowners had to keep their faucets open a trickle to ensure that their pipes didn’t freeze. And, for the reasons cited in Will’s article, many scientists — and many Americans — thought that a “little ice age” had arrived and would be with us for a while.

But science is often inconclusive and just as often slanted to serve a political agenda. (Also, see this.) That’s why I’m not ready to sacrifice economic growth and a good portion of humanity on the altar of global warming and other environmental fads.

More about Just War

Edward Feser replies to a reply from David Gordon on the subject of just war. For background, read my earlier post about the Feser-Gordon exchange, and follow the links therein. Feser’s latest is here.

Thomas Woods and War

Thomas Woods, who earned a bit of blogospheric notoriety for his book, The Politically Incorrect Guide to American History (which I own and have read), later endorsedNeoconned and Neoconned Again, two new collections of essays that make just about every argument you can think of against the war in Iraq.” Woods’s endorsement of the Neoconned books is unsurprising, given his indiscriminate embrace of the non-aggression principle, so beloved of paleo-libertarians.

I am not here to rehash the non-aggression principle, having thoroughly dismissed it in several earlier posts. (See this, this, this, this, and this.) Suffice it to say that Woods adheres to the principle with deranged fervor. (In addition to Politically Incorrect, read his oeuvre at LewRockwell.com.) Woods’s embrace of the fatuous, suicidal, non-aggression principle fatally undermines his credibility as a critic of the war in Iraq. A review of Politically Incorrect at History News Network concludes with this:

Woods condemns Roosevelt, with much justice, for his concessions to Stalin at the Tehran and Yalta Conferences. He seems to be aware that not only did Soviet domination of Eastern Europe create unspeakable misery for its inhabitants, but that it was not in American interests. But a Europe run by Prussian militarists or the SS? That’’s something we could have happily coexisted with, apparently.

Conversely, he praises Reagan for having “challenged the Soviet Union to tear down the Berlin Wall and defeated Communism, while hardly firing a shot.” Reagan didn’t have to fire a shot because he had challenged the USSR by more meaningful measures than his plea to Gorbachev to tear down the Wall. Among other things, in a provocative, interventionist act roundly condemned by Paleos and Liberals alike, he placed intermediate-range missiles in Europe.

Politically-correct history is offensive not because it seeks to celebrate the accomplishments of privileged groups, but because, in ignoring or denigrating the accomplishments of others and exaggerating or inventing their crimes, it does violence to the historical record. Particularly in his discussion of events in Europe in the 20th century, Woods’s contempt for the evidence is as thoroughgoing as that of any p.c.-textbook-writing hack. It does students no service to expose one set of myths if you’re going to substitute another.

The conclusion of a review of Politically Incorrect at reason sums it up:

Woods is a bad ally for libertarians, though his message may appeal to those who can’’t distinguish the flaws of America from those of outright despotisms. Decentralization is an important libertarian value, but surely our first principle is individual liberty; and nothing is more inimical to liberty than slavery or totalitarianism. The Civil War may not have begun as a war for abolition, but it nonetheless led to the end of slavery and to fuller enfranchisement of blacks in the North. And U.S. intervention in World War II and the Cold War may have been vital to defeating totalitarianism. On those two crucial battles, Woods is wrong.

I enjoyed Politically Incorrect for its irreverence and feistiness, but Woods’s deep cynicism about the wars America has fought had become tiresome and whiny by the time he reached World War II. (As for the Civil War, about which Woods is unhinged, read this.)

Given the reality of German, Japanese, Soviet, North Korean, Chinese, Iraqi, and Islamist aggression, it is simple-minded sophistry to paint America as a war-crazed, militaristic, imperialist, aggressor. America’s presidents and Congresses haven’t always been right in their decisions to go to war, but it’s better to be wrong at times than to be foolishly, consistently, against war when liberty is at stake — as it always is in a world crawling with real aggressors.

Selected bibliography:

Incorrect History (a review of Politically Incorrect by Max Boot, posted at The Weekly Standard, 02/15/05)
The Purgatory of an Inadvertent Public Intellectual (an article by Woods, posted at the Ludwig von Mises Institute website, 03/16/05)
Final Thoughts on Thomas Woods and His Critics (a post by “william” at Southern Appeal, 03/21/05)
A Factually Correct Guide for Max Boot (an article by Woods that ran in the 03/28/05 issue of The American Conservative)
Response to My Critics (an article by Woods, posted at LewRockwell.com, 04/12/05)
Behind the Jeffersonian Veneer (a review of Politically Incorrect by Cathy Young, which ran in the June 2005 issue of reason)
Political Correctness in The Politically Incorrect Guide to American History (a review of Politically Incorrect by Jeff Lipkes, posted at the website of George Mason University’s History News Network, 06/06/05)
The Case Against This Monstrous War (Woods’s review of Neoconned and Neoconned Again, posted at Lew Rockwell.com, 11/09/05)

Related posts:

Defense, Anarcho-Capitalist Style
But Wouldn’t Warlords Take Over?
My View of Warlordism, Seconded
The Fatal Naïveté of Anarcho-Libertarianism
Anarcho-Libertarian “Stretching”
More Final (?) Words about Preemption and the Constitution
QandO Saved Me the Trouble
Comrade Gorbachev, Sore Loser
What If We Lose?

A Footnote about "Eavesdropping"

My rather long post about “Privacy: Variations on the Theme of Liberty” includes a reading list that I update from time to time. Here’s the current version:

President had legal authority to OK taps (Chicago Tribune)
Our domestic intelligence crisis (Richard A. Posner)
Many posts by Tom Smith of The Right Coast (start with “Thank You New York Times” on 12/16/05 and work your way to the present)
Eavesdropping Ins and Outs (Mark R. Levin, writing at National Review Online)
The FISA Act And The Definition Of ‘US Persons’ (Ed Morrissey of Captain’s Quarters)
A Colloquy with the Times (John Hinderaker of Power Line)
September 10 America (editorial at National Review Online)
A Patriot Acts (Ben Stein, writing at The American Spectator)
More on the NSA Wiretaps (Dale Franks of QandO)
The President’s War Power Includes Surveillance (John Eastman, writing at The Remedy)
Warrantless Intelligence Gathering, Redux (UPDATED) (Jeff Goldstein, writing at Protein Wisdom)
FISA Court Obstructionism Since 9/11 (Ed Morrissey of Captain’s Quarters)
FISA vs. the Constitution (Robert F. Turner, writing at OpinionJournal)
Wisdom in Wiretaps (an editorial from OpinionJournal)
Under Clinton, NY Times Called Surveillance a Necessity (William Tate, writing at The American Thinker)
LEGAL AUTHORITIES SUPPORTING THE ACTIVITIES OF THE
NATIONAL SECURITY AGENCY DESCRIBED BY THE PRESIDENT
(U.S. Department of Justice)
Terrorists on Tap (Victoria Toensing, writing at OpinionJournal)
Letter from Chairman, Senate Intelligence Committee, to Chairman and Ranking Member of Senate Judiciary Committee
Letter from H. Bryan Cunningham to Chairman and Ranking Member of Senate Judiciary Committee
Has The New York Times Violated the Espionage Act? (article in Commentary by Gabriel Schoenfeld)
Point of No Return (Thomas Sowell, writing at RealClearPolitics)
Letter from John C. Eastman to Chairman of House Judiciary Committee
FISA Chief Judge Speaks Out, Bamford Misinforms (a post at The Strata-Sphere)
DoJ Responds to Congressional FISA Questions (another post at The Strata-Sphere)

To that list I now add two posts at Power Line, in which John Hinderaker and Scott Johnson assess the testimony of five former judges of the Federal Intelligence Surveillance Court who testified recently before the Senate Judiciary Committee. From the transcript (as quoted in Hinderaker’s post):

Chairman Specter: I think the thrust of what you are saying is the President is bound by statute like everyone else unless it impinges on his constitutional authority, and a statute cannot take away the President’s constitutional authority. Anybody disagree with that?

[No response.]

Chairman Specter: Everybody agrees with that.

The president’s inherent constitutional authority includes the use of surveillance against foreign nationals — even if a U.S. citizen in the U.S. happens to be on the other end of the phone line or e-mail exchange. That point is reinforced by this passage from Johnson’s post:

Senator Hatch . . . pursued a series of hypothetical questions that he posed to Judge Kornblum regarding the admissibility in criminal trials of evidence obtained indirectly from the NSA surveillance program:

Judge Kornblum: To be admissible, the evidence would have had to have been lawfully seized or lawfully obtained and the standard that the district judge would use is that, depending upon where this is, is the law in his circuit. In most of the circuits, the law is clear that the President has the authority to do warrantless surveillance if it is to collect foreign intelligence and it is targeting foreign powers or agents. If the facts support that, then the district judge could make that finding and admit the evidence, just as they did in Truong-Humphrey.

(Emphasis added.) Judge Kornblum’s reference to Truong-Humphrey is to the federal appellate cases that acknowledge[s] [a] president’s inherent authority to order warrantless foreign intelligence surveillance, previously discussed by John here.

So, let’s knock off this nonsense about “illegal wiretaps” and get on with finding the bad guys. Actually, I’m sure that’s precisely what Bush and company are trying to do, in spite of the ankle-biters in the media and Congress.

Brian Leiter, Academic Thug

That’s the appropriate title of this blog, which has moved to a new location. Proprietor Keith Burgess-Jackson explains:

As if to prove that he is a thug (should anyone have doubted it), Brian Leiter has threatened PowerBlogs with a lawsuit if it doesn’t change the URL of my blog devoted to exposing his abusiveness. I don’t care what the URL is, and I don’t want PowerBlogs to risk liability, so I changed it. Here is the new address. Please reset your shortcut, bookmark, or favorite, and spread the word. This thug—Leiter—needs to be shown that he can’t control others.

My take on Leiter (thus far) is at these posts:

Brian Leiter Is an Idiot
Through the Looking Glass with Leiter
The Illogical Left, via Leiter

P.S. Here’s the threatening letter from Leiter — as reprinted at Brian Leiter, Academic Thug — which prompted Burgess-Jackson to change the URL of Brian Leiter, Academic Thug:

Dear Mr. Landsown [sic]:

I am writing to put you and your company, American Powerblogs Inc., on notice that a user of your service, Powerblogs, has engaged in tortious misappropriation of my name in order to advertise and draw attention to his web site. Keith Burgess-Jackson, who runs the site in question (www.brianleiter.powerblogs.com), has not received my permission to register my name, or any variation of my name, or to otherwise utilize my name, or any variation of my name, in order to promote or otherwise identify his site. Please close down that particular URL immediately. Thank you for your prompt attention to this matter.

Very truly yours,
Brian Leiter
Joseph D. Jamail Centennial Chair in Law,
Professor of Philosophy, and Director of the Law & Philosophy Program
The University of Texas at Austin

It’s the sort of sissiness one would expect of an “intellectual” bully whose stock in trade is abuse, not logic and facts. Leiter’s abusiveness is probably an attempt on his part (subconscious or otherwise) to compensate for a felt inferiority. Here’s Leiter:


Source: B. Leiter’s homepage.

A True Libertarian Speaks

In an article at LewRockwell.com, David Gordon replies to Edward Feser’s recent series of posts at Right Reason about paleoconservatism and the war in Iraq. Feser, posting again at Right Reason (“Rothbardians [anarcho-capitalists: ED] and Iraq: A Reply to David Gordon“), observes that

libertarians, including most Rothbardians and probably also including the Nozick of part III of Anarchy, State, and Utopia, would allow that it is in principle possible for a community to develop on a purely voluntary basis that prohibited all sorts of consensual activity among its members. For instance, they would allow that a Puritan commonwealth might require, by law, all of its members to refrain from fornication, drug use, reading of anti-Puritan tracts, etc., and that if everyone who joins this commonwealth does so voluntarily then no one has a right to complain. We can imagine that such a commonwealth eventually grows into a large city or even country, that all non-Puritans who decide to settle within it are required as part of the deal to abide by its “blue laws,” and that all the children raised in it might also be required to abide by those laws and will have to emigrate if they refuse to do so. The result would be a society that to most people would seem radically “un-libertarian,” but which would in fact be perfectly acceptable from the point of view of a Rothbardian anarcho-capitalist or maybe even a Nozickian.

Since this sort of paternalist society seems perfectly possible even on a Rothbardian or Nozickian view, and since the specific position I developed in the article cited by Gordon [link added: ED] still rests on the idea of self-ownership, at the time I wrote the article I thought it was reasonable to characterize it as a broadly “libertarian” position. It seemed to me then that I was not moving that far beyond what many libertarians would already accept as in principle possible within a libertarian society. To be sure, I would now no longer characterize my view as libertarian, but part of the reason I wouldn’t is that I now think the arguments I have presented, both in the article Gordon cites and elsewhere, show that “libertarianism” just isn’t anywhere near as determinate, straightforward, or even coherent a view as its advocates assume it to be.

My only quibble with Feser’s position is this: He should continue to characterize himself as a libertarian for the very reason that libertarianism isn’t “anywhere near as determinate, straightforward, or even coherent a view as most of its advocates assume it to be.” As I argue in “The Meaning of Liberty,”

liberty and happiness cannot be found in the abstract; they must be found in the real world, among real people (or totally apart from them, if you’re inclined to reclusiveness). Finding an acceptable degree of liberty and happiness in the real world means contending with many subsets of humankind, each with different sets of social norms. It is unlikely that any of those sets of social norms affords perfect liberty for any one person. So, in the end, one picks the place that suits one best, imperfect as it may be, and makes the most of it. Sometimes one even tries to change it, but change doesn’t always go in the direction one might prefer.

Think of the constrasting visions of liberty and happiness represented in a hippie commune and a monastic order. The adherents of each — to the extent that they are free to leave — can be happy, each in his and her own way. The adherents of each are bound to, and liberated by, the norms of the community, which set the bounds of permissible interaction among the adherents. Happiness is not found in the simplistic “harm principle” of John Stuart Mill; happiness is not found in a particular way of life; happiness is found in the ability to choose (and exit) a way of life that, on balance, serves a person’s conception of happiness.

In sum, there is no escaping the fact that the attainment of something like liberty and happiness requires the acceptance of — and compliance with — some social norms that one may find personally distasteful if not oppressive. But it is possible — in a large and diverse nation where each social group is free to establish and enforce its own norms — to find a place that comes closest to suiting one’s conception of liberty and happiness. The critical qualfication is that each social group must free to establish and enforce its own norms, as long as those norms include voice and exit. . . .

Contrary to libertarian purists, the path to liberty is not found in Mill’s simplistic “harm principle,” which is a formula for atomism. The path to liberty winds tortuously through the complexity of human nature, which shapes — and is shaped by — a society’s mutual striving to survive and prosper. To give a stark but apt example: If you will kill an unborn child for your convenience, why should I trust you not to kill me for your convenience when I am old? And if I cannot trust you, why should I subscribe to the defense of your life, property, and pursuits?

Edward Feser is a libertarian, even if he chooses not to call himself one. That is, he is dedicated to the practical pursuit of liberty, as opposed to the impractical pursuit of ideological purity that evinces itself in anarcho-capitalism. Feser is absolutely right to find parallels between Rothbardism and Marxism, as he does here:

One of the many striking things about this [Rothbardian] worldview is how closely it parallels Marxism. . . . Marxist and Rothbardian alike regard human history as a long nightmare of oppression from which we are only now awakening thanks to the advent of a sound economic theory, the application of which is our only hope for liberation.

Indeed, Rothbard and his followers seem in other ways too to ape standard Marxist themes. Despite their fervent adherence to capitalism, they regularly denounce large corporations (Halliburton, big oil, big media, etc.) as government’s partners-in-crime, manipulating its officials to their own ends and beholden to its favors; they speak and think in capitalized abstractions, substituting “The State” for “Capital” and endlessly analyzing “its” motives and actions; they divide society into inherently hostile classes, the exploiters (government officials and recipients of governmental benefits) and the exploited (taxpayers and those subject to governmental regulations); they have a tendency to reduce all social and political problems to economic ones; they believe that when a “stateless society” is finally achieved, many of the social problems previous generations regarded as an inevitable part of the human condition will disappear, having in reality been generated by state oppression; they constantly attribute selfish financial interests and other hidden motives to those expressing dissent from the Rothbardian line and/or support for American policy; and they often evince a greater sympathy for what the Marxist would refer to as the “objective allies” of their cause than for those who might seem notionally closer to them. Hence, just as certain Stalinists were quite happy to ally with Hitler against the capitalist West while vilifying Trotskyites and other heretical communists, so too are Rothbardians constantly excusing or minimizing the crimes of various dictators as long as they oppose the United States, while excoriating less extreme libertarians and free-marketers for “selling out” to “The State” and its officials. (See here for discussion of several examples.)

Related posts:

A Political Compass
Defense, Anarcho-Capitalist Style
But Wouldn’t Warlords Take Over?
My View of Warlordism, Seconded
Anarcho-Libertarian Stretching
QandO Saved Me the Trouble
The Meaning of Liberty

Today’s Recommended Web Reading

At LegalAffairs Debate Club, John Robertson and Barbara Katz Rodman debate “Choosing Your Child’s Sex?” The question for debate: Should it be unlawful for parents to select an infant’s sex through abortion or in vitro techniques and, if so, under what circumstances should it be legal? Robertson offers the usual liberal cant (“we prize individual autonomy and reproductive choice”) and tries to cajole fellow liberal Katz Rodman into going along with him. She won’t:

In this “more choice is better” argument, the children that are never created (whether as fetuses aborted or embryos unselected or sperm washed away) can hardly be said to be harmed by the fact of their non-being. So then there are the children who are “chosen,” the selected ones, chosen for their sex. I think there really is the potential for harm there—any time we give parents reason to think they can control the kind of people their children are, I think we are doing damage to the child, the parent, the relationship. . . .

A woman with one or two daughters will face more, not less pressure to produce a son if sex selection becomes part of ordinary practice. The new “choice” will probably pretty quickly become an obligation.

And as to whether “family balance” will inevitably lead to sex selection in the first place: you know the “slippery slope” argument? Think greased chute.

Russell Roberts at Cafe Hayek explains once more (this time in “Mental Experiment“) why international trade isn’t a zero-sum game or a threat to the well-being of Americans:

A lot of people are worried about China as an economic threat to the United States. I’m not. China’s economic success is good for Americans. When Americans buy toys and clothes and iPods made in China it means that we have more people and capital available to make other things.

A variation on the Chinese threat is that someday, if they keep growing, they’ll pass us. This is the view that economics is like the Olympics. If you don’t finish first, you’re stuck with the bronze or silver medal or worse, you don’t even get to the medal stand. But economic success is not like the Olympics. It’s not a zero sum game. . . .

What if you woke up one more morning and discovered . . . . [that the] Chinese had mismeasured their national income information and it turned out that the Chinese, in fact, had a per capita income many times that of the United States. . . . . How would it change your well-being? Would it make any difference whatsoever?

Maxwell Goss at Right Reason points to a story about

Dutch MP Sharon Dijksma [who] proposes fining women with college degrees who choose to stay at home instead of entering the paid workforce. Dijksma explains: “A highly-educated woman who chooses to stay at home and not to work — that is destruction of capital. If you receive the benefit of an expensive education at the cost of society, you should not be allowed to throw away that knowledge unpunished.”

The first mistake, of course, is the subsidization of education, which encourages persons who will not use it (or use it well) to partake of it at taxpayers’ expense. The second mistake is to assume that it is a “waste” to educate women who choose not work outside the home. Mothers are the main civilizing influence in society — or they were before they went “to work” in droves. It makes a lot more sense to have college-educated mothers than it does to have college-educated pharmaceutical salesmen (to take but one of many examples of “wasted” education).

The Federal Election Commission has decided — more or less — to go along with the First Amendment. Tongue Tied reports:

The very idea of rules for the internet is anathema to me but America’s FEC does not seem to think so. The rules they have just handed down have no terrors for bloggers at the moment but as sure as night follows day, more and more regulations will follow.

The Tongue Tied post then links to a story that includes a recap of some of the main points of interest to bloggers:

Feds’ Internet rules

The FEC’s final Internet regulations adopted on Monday are less onerous than an earlier version. Here’s what they say:

• Paid political advertising appearing on someone else’s Web site would have to be reported, regardless of how little or how much it costs. But that responsibility would lie with the candidate, political party or committee backing the ad–not a Web site accepting the ads.

• All ads that expressly advocate the election or defeat of a candidate or solicit donations would have to carry disclaimers.

• Bloggers and other individual commentators wouldn’t have to disclose payments received from candidates, political parties or campaign committees–but those groups would have to report payments to bloggers.

• No one except registered political committees would be required to put disclaimers on political e-mailings or Web sites. The e-mail requirement would kick in only if the committee sent out more than 500 substantially similar unsolicited messages at a time.

• The media exemption enjoyed by traditional news outlets would be extended to “any Internet or electronic publication,” which could include everything from online presences of major media companies to individual bloggers.

Thanks to the FEC — for nothing.

Bare Ruined Choirs

Yesterday’s post about “Red-Brick Buildings” reminds me of “Memories of a Catholic Boyhood,” Chapter One of Garry Wills’s Bare Ruined Choirs.* There, Wills could be writing about my boyhood. I hasten to add that I don’t agree with Wills’s politics or his juvenile attitude toward the Church, the many traces of which I have excised from the following excerpts of his “Memories.”

We grew up different. There were some places we went; and others did not — into the confessional box, for instance. . . .

We “born Catholics,” even when we leave or lose our own church rarely feel at home in any other. The habits of childhood are tenacious, and Catholicism was first experienced by us as a vast set of intermeshed childhood habits — prayers offered, heads ducked in unison, crossings, chants, christenings, grace at meals, beads, altar, incense, candles . . . churches lit and darkened, clothed and stripped, to the rhythm of liturgical recurrences . . . .

One lived, then, in contact with something outside time — grace, sin, confession, communion, one’s own little moral wheel kept turning in the large wheel of seasons that moved endlessly, sameness in change and change in sameness, so was it ever, so would it always be . . . .

We came in winter, out of the dark into vestibule semidark, where peeled-off galoshes spread a slush across the floor. We took off gloves and scarves, hands still too cold to dip them in the holy water font. Already the children’s lunches, left to steam on the bare radiator, emanated smells of painted metal, of heated bananas, of bolgna and mayonnaise. . . .

Or midnight Mass — the first time one has been out so late . . . . The crib is dimmed-blue, suggesting Christmas night, and banked evergreen trees give off a rare outdoors odor inside the church . . . .

The bigger churches, with windows of a richly muddied color — fine gloom up behind the altar . . . .

Bells at the consecration . . . .

Certain things are not communicable. One cannot explain to others, or even to oneself, how burnt stuff rubbed on on the forehead could be balm for the mind. . . .

All these things were shared, part of community life, not a rare isolated joy, like reading poems. These moments belonged to a people, not to oneself. It was a ghetto, undeniably. But not a bad ghetto to grow up in.

Amen.
St. Stephen Church, where I was a parishoner in the late 1940s and early 1950s, occupied an entire block in my home town. Behind the church and rectory (left and right) was the school where I took catechism lessons on Saturday mornings.
__________
* Wills takes his title from a phrase in Shakespeare’s Sonnet 73:

That time of year thou mayst in me behold
When yellow leaves, or none, or few, do hang
Upon those boughs which shake against the cold,
Bare ruined choirs, where late the sweet birds sang.
In me thou see’st the twilight of such day
As after sunset fadeth in the west;
Which by and by black night doth take away,
Death’s second self, that seals up all in rest.
In me thou see’st the glowing of such fire,
That on the ashes of his youth doth lie,
As the death-bed, whereon it must expire,
Consumed with that which it was nourish’d by.
This thou perceiv’st, which makes thy love more strong,
To love that well, which thou must leave ere long.

Red-Brick Buildings

I went to these (barely) post-Civil War schools for grades K-5:
And I was a parishoner of these churches in the 1940s and early 1950s:

The first two of the schools were razed more than 50 years ago; the third was converted to an apartment building about 50 years ago. The second of the two churches was razed more than 40 years ago. They just don’t make them like they used to.

(All photos courtesy of Port Huron in Pictures, from the Port Huron Museum Collection.)