“Big SIS”: A Review

“Big SIS” is the special-interest state, of which James V. DeLong writes in Ending “Big SIS” (The Special Interest State) and Renewing the American Republic.It is a non-fiction horror story, one that should outrage every reader. A reader must be impervious facts and logic if he gets very far into “Big SIS” without grasping the direness of America’s present condition.

What is that condition? It is enslavement (not too strong a word) to the regulatory state. DeLong does an admirable job of describing the growth and entrenchment of the regulatory state (chapter 2). But the most compelling parts of his thoroughly factual narrative arrive with his documentation of the costs of the regulatory state and his enumeration of example after example of its lunacies. If you have a visceral feeling that government in the United States has become entirely too intrusive in its methods and perverse in its results, DeLong’s book will confirm that feeling and give you plenty of weapons with which to refute those who believe in government as a disinterested, omniscient force for good.

If chapters 2 and 3 outrage you, as they should, surely chapter 4 will depress you. There, DeLong enumerates and explicates the many reasons that the regulatory state’s death grip on America is unlikely to be loosened. DeLong holds out some hope for change in chapter 5, where he discusses many ways in which the death-grip might be loosened.

But I am less sanguine than DeLong seems to be about the possible efficacy of his proposed counter-measures. The forces that DeLong describes in chapter 4 are likely to prove too strong to be defeated in gentlemanly fashion. In the end, it may well come to non-gentlemanly counter-measures, something along the lines of a new Declaration of Independence from the imperial state that has arisen in Washington.

If it does come to that, DeLong’s catalog of imperial acts and their vile consequences would serve splendidly as a replacement for the original Declaration’s enumeration of King George III’s “repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny.”

Related posts:
FDR and Fascism
The People’s Romance
Fascism
Fascism with a “Friendly” Face
Secession
Democracy and Liberty
The Interest-Group Paradox
Is Statism Inevitable?
Inventing “Liberalism”
The Price of Government
A New, New Constitution
Zones of Liberty
Fascism and the Future of America
Secession Redux
The Indivisibility of Economic and Social Liberty
A New Cold War or Secession?
The Price of Government Redux
The Real Constitution and Civil Disobedience
The Near-Victory of Communism
A Declaration of Independence
The Mega-Depression
Tocqueville’s Prescience
First Principles
As Goes Greece
Accountants of the Soul
Ricardian Equivalence Reconsidered
Zones of Liberty
The Constitution: Original Meaning, Corruption, and Restoration
Estimating the Rahn Curve: Or, How Government Inhibits Economic Growth
The Bowles-Simpson Report
The Bowles-Simpson Band-Aid
Regime Uncertainty and the Great Recession
Re-Forming the United States
More about Taxing the Rich
America’s Financial Crisis Is Now
The Southern Secession Reconsidered
A Declaration of Civil Disobedience
The Repealer
Regulation as Wishful Thinking
The Real Multiplier
Vulgar Keynesianism and Capitalism
Why Are Interest Rates So Low?
The Commandeered Economy
Estimating the Rahn Curve: A Sequel
In Defense of the 1%
The Real Multiplier (II)
Lay My (Regulatory) Burden Down
The Burden of Government
Constitutional Confusion
Reclaiming Liberty throughout the Land
Economic Growth Since World War II
More Evidence for the Rahn Curve

Life’s Lessons: Part One

It is good to be trusting, as long as you first verify the trustworthiness of those in whom you place your trust.

Perseverance yields many rewards, not the least of which is the satisfaction of getting things done, and done well.

Impatience often results in making decisions based on too little information, which is to say that impatience usually leads to mistakes.

Rage can be useful, if it is well controlled and carefully targeted. That rules out spontaneous rage as a useful emotion.

Emotion is more powerful than reason. Emotion is more easily communicated and is often more persuasive than reason. Those who try to rely solely on reason usually overlook the power of emotion, and they fail to see it at work in themselves.

Making a commitment and honoring it is good practice for marriage.

Love changes as one grows older. It becomes less self-centered and more truly reciprocal; that is, it becomes less fragile.

It is good to admit mistakes, if only to oneself. Those who acknowledge their mistakes — inwardly, at least — are able to learn from them.

A deliberate offense against another person is not a “mistake,” and should never be excused as one. The number of such “mistakes” seems to mount as the years pass and Americans grow more self-centered and less aware or caring about the effects of their actions on others.

Caring is a personal virtue, and it is demonstrated by a person’s voluntary behavior toward others, away from the glare of publicity. The advocacy of  “compassionate” schemes that involve coercion by government is a demonstration of self-centeredness, not caring.

Everything that makes government stronger weakens its subjects, even those who are the purported beneficiaries of its largesse. This is a lesson that I did not begin to learn until I was in my 30s. It is, unfortunately, a lesson that most Americans seem unable or unwilling to learn.

A mind that has not been stretched by constant learning and hard thinking becomes flabby and betrays its owner. It becomes a warehouse of unreliable memories instead of a machine that produces rational thoughts and feasible plans.

Sometimes I wish I had known in my 20s what I know in my 70s. Then it occurs to me that one of the joys of growing older is the learning of life’s lessons.

Obesity and Statism

Richard Posner, a leader of the law and economics movement, exposes himself as an out-and-out statist:

I am not particularly interested in saving the obese from themselves. I am concerned about the negative externalities of obesity—the costs that the obese impose on others. Some of the others are the purchasers of health insurance and the taxpayers who pay for Medicaid and Medicare and social security disability benefits…. Obesity kills, but slowly, and en route to dying the obese run up heavy bills that, to a great extent, others pay.

Even more serious are the harmful effects of obesity, and of the food habits that contribute to it, on children…. Children who grow up in a household of obese parents (often there is just one parent, and she is obese) very often acquire the same bad habits.

One might think that since most parents are altruistic toward their children, parents would strive to prevent their children from acquiring their bad habits. But if they don’t know how to avoid becoming obese themselves, it is unlikely that they know how to prevent their children from becoming obese.

Then too, the more people in one’s family or circle of friends or coworkers who are obese, the more obesity seems normal. This is an implication of the fact that homo sapiens is a social animal. We want to blend in with our social peers….

Bloomberg’s proposal is widely criticized, not only on the shallow ground that it interferes with freedom of choice, but on the more substantial ground that it can’t have much effect, since the same sugared drinks can be sold in smaller containers…. [I]f the sale of sugared drinks in big containers is forbidden, there will be at least a slight drop in the purchase of those drinks and hence in their consumption….

More important is the symbolic significance of Bloomberg’s proposal (if it is adopted and enforced). It is an attention getter! It tells New Yorkers that obesity is a social problem warranting government intervention, and not just a personal choice.

Think of the history of cigarette regulation…. Cigarette smoking fell, from an average of 40 percent of the adult population in the 1970s to 19 percent today. There is some grumbling about this massive governmental intrusion into consumer choice, but very little. I certainly am not grumbling about it.

If there is to be a parallel movement to reduce obesity, it has to start somewhere. Maybe it will start with Bloomberg’s container proposal—an attention getter. Maybe it will grow. Maybe someday it will be as effective, and receive as much public approbation, as the anti-smoking movement. [From Posner’s post about “Bloomberg, Sugar, and Obesity,” at The Becker-Posner Blog, June 18, 2012.]

There you have a reputedly keen “legal mind” in the throes of economistic thinking. It perfectly illustrates a phenomenon about which I write in “A Man for No Seasons“:

[T]oo many economists justify free markets on utilitarian grounds, that is, because free markets produce more (i.e., are more efficient) than regulated markets. This happens to be true, but free markets can and should be justified mainly because they are free, that is, because they allow individuals to pursue otherwise lawful aims through voluntary, mutually beneficial exchanges of products and services. Liberty is a principle, a deep value; economic efficiency is merely a byproduct of adherence to that value.

It is evident that Posner cares not a jot about liberty; efficiency is his god.

Posner’s facile analysis of the costs of obesity is obviously grounded in an aversion to obese persons. He gives his game away by lauding the anti-cigarette campaign, which is really based on two things:

  • an esthetic revulsion
  • the snobbishness of the middle and upper-middle classes toward their “inferiors.”

The parallels to the anti-obesity campaign are so evident that I need say nothing more on this point.

In any event, the real problem is not obesity. It is that Americans have been forced to accept responsibility for other persons’ health. Posner almost grasps this when he writes about “the purchasers of health insurance and the taxpayers who pay for Medicaid and Medicare and social security disability benefits.” These problems would largely disappear if government did not distort the cost of health insurance through mandates and barriers to entry, and did not force some Americans to subsidize the health care of others through Medicare, Medicaid, and various State and local programs. The consumption of junk food, which Posner correctly indicts as a cause of obesity, is undoubtedly subsidized (indirectly) by welfare payments and food stamps.

The growing fraction of Americans who are considered obese is, in fact, a symptom of the ability of competitive markets to deliver more nourishment at a lower real cost. If obesity is concentrated among low-income groups — and I believe that it is — it means that low-income groups, on the whole, are better nourished than they were in the past. But, in typical fashion, paternalists like Posner focus on the aspects of progress that they find distasteful, while ignoring the larger picture.

If Posner were really serious about saving Americans from the consequences of their own behavior, he would be agitating for a ban on automobiles and the prohibition of alcoholic beverages. Oh, prohibition was tried and it failed because of its unintended consequences? My, my, what a surprise.

The unintended consequences of a war on obesity should be obvious to Posner — or would be if he were not blinded by paternalism. Regulators, armed with the power to limit what Americans can consume, would inevitably do great mischief to the health and enjoyment that Americans derive from the preparation and consumption of foodstuffs. Regulators love to impose one-size-fits all restrictions on everyone, instead of allowing individuals and firms to choose those courses of action that best suit them. And so — in the name of health and under the influence of various food-Nazis — regulators would move beyond Bloomberg’s simplistic “solution” to truly draconian measures. Almost anything that is believed to be harmful to some persons (e.g., salt, fat, nuts) would be strictly metered if not banned for all persons. (I have no taste for raw fish, but I would be aghast if those who like sashimi were unable to buy it because of the health risk that accompanies its consumption.) Then there are the opportunities for various interest groups (e.g., American cheese manufacturers) to rig the regulatory game in their favor. In short, it is not far down the regulatory slope from a ban on super-size drinks to a ban on foods that most of us find enjoyable, and even healthful.

But Mrs. Grundy — er, Judge Posner and his ilk — will not be deterred. And if the Grundy-Posners succeed in their paternalistic crusade, they will have turned America into a land of grim, granola-crunching Zombies. For that is liberty, Posner-style.

Related posts:
How to Combat Beauty-ism
The Mind of a Paternalist, Revisited
Utilitarianism and Psychopathy
Externalities and Statism

The Clemens Verdict

This does not surprise me:

Roger Clemens, who intimidated even the toughest batters while becoming one of the best pitchers in baseball history, was acquitted Monday of all charges that he lied to Congress in 2008 when he insisted he never used steroids or human growth hormone during his long career. [Juliet Macur, “Clemens Found Not Guilty of Lying About Drug Use,” The New York Times, June 18, 2012]

I did not follow the trial closely, and cannot recite details of the evidence presented by the government or the defense’s response to the evidence. I am unsurprised by the verdict because there is no statistical case that Clemens used (or derived benefit from) steroids or human growth hormone (HGH). The statistical evidence — or lack of it — is spelled out in my post of February 18, 2008, “Did Roger Do It?

Leaks, What Leaks?

Victor Davis Hanson is in a justifiable state of stratospheric dudgeon about the leaks that clearly are meant to portray Barack Obama as a steely, anti-terrorist warrior:

Recent leaks — the cyberwar secrets, the drone methodology, the double agent in Yemen, the details of the bin Laden mission, and the trove of information that accrued from it — juxtaposed with polls that have consistently shown uncertainty about Obama’s natural-security fides (cf. the serial boasting of Joe Biden that Obama’s decision is the most significant accomplishment in recent military history) are a time bomb.

Unlike the terrible Fast and Furious scandal, the Secret Service fiasco, the Solyndra boondoggle and solar con, or the GSA mess, we are talking about endangerment to the collective security of the entire United States — and not just due to laxity or incompetence but apparently due to calibrated political advantage. These targeted leaks seem to be part of a larger culture of narrowly defined and opportunistic access and political imaging. For is there not something terribly wrong when, to take just two examples, a David Sanger is apparently given access to such top-secret information, or when a David Ignatius, chest-thumps “exclusive,” as he offers his own analyses of once classified al-Qaeda documents seized from the bin Laden compound, for which he alone apparently was selected as gatekeeper to examine and analyze what he thinks is and is not important for Americans to know?…

This scandal will not go away, because it is so reckless that it will go well beyond Republican efforts to score political points, as it equally enrages congressional Democrats, Defense Department non-political officials, the CIA, and the intelligence community at large, whose careers and lives are jeopardized by such serial leaking. There is a toxic relationship now between high members of this administration, and favored marquee reporters such as those at the New York Times and Washington Post, who have crafted a hand-washes-hand relationship that, whether inadvertent or not, has put all our safety at risk. Obama himself seems not so much angry that his own are leaking to form favorable narratives, but angry that anyone would dare suggest to him that they are. That, too, is an untenable position and will change.

This will not stand, and until those who are doing these terrible things to the country are fired, the story will not go away. [“Court Journalism and the National Interest,” The Corner at National Review Online, June 12, 2012]

Update (06/13/12): Today, Hanson writes:

Securitygate has Nixonian trademarks all over it and is far more injurious to the republic than all the previous Obama administration–era scandals combined. Attorney General Holder simply cannot select an attorney to investigate key players in the administration who was both a recent appointee of Obama and a campaign contributor to and political supporter of him….

That the result was lives endangered and national policy imperiled makes an outside investigator essential. Even more chilling is that unlike prior leaking during past administrations when the media was at odds with the executive branch, in this case the administration apparently welcomed the leaks. The reporters involved were assumed to operate, not as self-proclaimed auditors trying to enhance their careers purportedly by keeping government honest, but rather more as court toadies determined to make their sources look good as payback for “exclusives.”…

At some point, watch the journalistic community: Typically they rally around the leaky reporter and law breaker as some sort of wounded fawn punished for trying to speak truth to power, but now what? Are they to close ranks with Ministry of Truth careerists who may well have been used as stooges of a government that serially broke the law for partisan advantage? [“Securitygate Is Not Going Away,” The Corner at National Review Online, June 13, 2012]

Here are links to some of the leak-ticles that prompted Hanson’s [continued] sub-orbital flight:

Secret ‘Kill List’ Proves a Test of Obama’s Principles and Will,” Jo Becker and Scott Shane, The New York Times, May 29, 2012

Obama Order Sped Up Wave of Cyberattacks Against Iran,” David Sanger, The New York Times, June 1, 2012

Stuxnet was work of U.S. and Israeli experts, officials say,” Ellen Nakashima and Joby Warwick, The Washington Post, June 1, 2012

And here links to some relevant commentary (in addition to Hanson’s):

Covert Wars, Waged Virally: ‘Confront and Conceal’,” a review by Thomas Ricks of David Sanger’s book about cyberwar against Iran and various anti-terrorist action, The New York Times, June 5, 2012

For U.S. Inquiries on Leaks, a Difficult Road to Prosecution,” Charlie Savage, The New York Times, June 9, 2012

Obama loses veneer of deniabilty with intelligence leaks,” Richard Cohen, The Washington Post, June 11, 2012

Ricks, an erstwhile Pentagon correspondent of some note, seems unfazed by leakage — an indifference that must have served him well in the day. He notes, without irony, that

Mr. Sanger clearly has enjoyed great access to senior White House officials, most notably to Thomas Donilon, the national security adviser.

Well, the moral code of Washington is encapsulated in “go along to get along” and “give something to get something.” (A former colleague — now a late and (by me) unlamented one — of no firm convictions, who fancied himself politically astute, was fond of spouting those feeble justifications of his sleaziness.) Thus Ricks’s next sentences should come as no shock to anyone but a pre-schooler:

Mr. Donilon, in effect, is the hero of the book, as well as the commenter of record on events. He leads the team that goes to Israel and spends “five hours wading through the intelligence in the basement of the prime minister’s residence.” He is shown studying the nettlesome problems of foreign relations, working closely with the president, and fending off the villains of this story— which in Mr. Sanger’s account tend to be the government of Pakistan and, surprisingly, the generals of the American military.

Yes, there is righteous outrage in Washington. Savage’s piece opens with this:

Anger over leaks of government secrets and calls for prosecution have once again engulfed the nation’s capital. Under bipartisan pressure for a crackdown, Attorney General Eric H. Holder Jr. on Friday announced the appointment of two top prosecutors to lead investigations into recent disclosures.

But

the prospects for those efforts are murky. Historically, the vast majority of leak-related investigations have turned up nothing conclusive, and several of the nine that have been prosecuted — six already under the Obama administration, and just three more under all previous presidents — collapsed.

“These cases are very difficult to pursue,” said Kenneth L. Wainstein, a former assistant attorney general for national security under President George W. Bush.

Why?

Many people are surprised to learn that there is no law against disclosing classified information, in and of itself. The classification system was established for the executive branch by presidential order, not by statute, to control access to information and how it must be handled. While officials who break those rules may be admonished or fired, the system covers far more information than it is a crime to leak.

Instead, leak prosecutions rely on a 1917 espionage statute whose principal provision makes it a crime to disclose, to persons not authorized to receive it, national defense information with knowledge that its dissemination could harm the United States or help a foreign power.

The statute should be changed to make it a criminal act to knowingly disclose classified information to anyone not authorized to receive it. But that would not suit the leak-happy mentality of Washington. Nor would it suit the primary beneficiaries of that mentality, namely, the major media outlets. So, the leaks will continue apace and every once in a while they will be condemned — even by the leakers, if not the leakees.

Cue Lefty Cohen, who makes sport of the whole thing:

Pity the poor Obama administration leakers. They impart their much-cherished secrets to make their man look good and then, at the first chirp of criticism, are ordered to confess their (possible) crimes by the very same president they were seeking to please. In this, they are a bit like the male praying mantis. He does as asked, and then the female bites his head off.

What is remarkable about the recent leaks is the coincidence — it can only be that — that they all made the president look good, heroic, decisive, strong and even a touch cruel; born, as the birthers long suspected, not in Hawaii — but possibly on the lost planet Krypton. The leak that displayed all these Obamian attributes was the one that said the president personally approves the assassinations of terrorists abroad. He gives his okay, and the bad guys are dispatched via missiles from drones.

Cohen is not worried so much about leaks, which are potage to the Post, as he is about those terrorists who refuse to surrender to American justice and so are dispatched at long distance:

The leak that troubles me concerns the killing of suspected or actual terrorists. The triumphalist tone of the leaks — the Tarzan-like chest-beating of various leakers — not only is in poor taste but also shreds a long-standing convention that, in these matters, the president has deniability. The president of the United States is not the Godfather.

But he is commander-in-chief, and if he has performed any constitutionally legitimate act during his presidency, it has been to advance the common defense by terrorizing terrorists.

But that does not excuse the acts of leakage, which are morally if not legally criminal. They have been committed on behalf of Barack Obama, and — I cannot doubt — at his behest.

Not-So-Random Thoughts (IV)

Links to the other posts in this occasional series may be found at “Favorite Posts,” just below the list of topics.

Demystifying Science

Read my post about “Demystifying Science.” If you do, you will be unsurprised by Via Media’s post about “Unsettling Science.” Samples:

Me —

It is hard for scientists to rise above their human impulses. Einstein, for example, so much wanted quantum physics to be deterministic rather than probabilistic that he said “God does not play dice with the universe.” To which Nils Bohr replied, “Einstein, stop telling God what to do.” But the human urge to be “right” or to be on the “right side” of an issue does not excuse anti-scientific behavior, such as that of so-called scientists who have become invested in AGW.

There are many so-called scientists who subscribe to AGW without having done relevant research. Why? Because AGW is the “in” thing, and they do not wish to be left out. This is the stuff of which “scientific consensus” is made. If you would not buy a make of automobile just because it is endorsed by a celebrity who knows nothing about automotive engineering, why would you “buy” AGW just because it is endorsed by a herd of so-called scientists who have never done research that bears directly on it?

There are two lessons to take from this. The first is  that no theory is ever proven. (A theory may, if it is well and openly tested, be useful guide to action in certain rigorous disciplines, such as engineering and medicine.) Any theory — to be a truly scientific one — must be capable of being tested, even by (and especially by) others who are skeptical of the theory. Those others must be able to verify the facts upon which the theory is predicated, and to replicate the tests and calculations that seem to validate the theory. So-called scientists who restrict access to their data and methods are properly thought of as cultists with a political agenda, not scientists. Their theories are not to be believed — and certainly are not to be taken as guides to action.

The second lesson is that scientists are human and fallible. It is in the best tradition of science to distrust their claims and to dismiss their non-scientific utterances.

Mead (at Via Media) —

Reports that the public is losing “faith in science” have caused a lot of chin stroking, head wagging and even some and finger pointing among the intelligentsia — especially since the studies point to a particularly sharp decline among conservatives.

Via Meadia isn’t so sure all this is on the right; the last time we looked, environmentalists around the world were denouncing decades of careful scientific research on the safety of genetically modified organisms, with dire economic consequences for African development. We’ve also noticed a distinct lack of faith in arithmetic by blue politicians who think that promising large pensions to union workers while failing to set money aside to pay those promises is a course of action that can somehow end well.

There is no sport intellectual elites enjoy more than recounting and bewailing the follies and errors of the Great Unwashed out there in flyover land, so in the academy and elsewhere the story of declining confidence in science is seen as reflecting a declining confidence in reason itself — and evidence of the rising tide of stupidity against which we enlightened few must ceaselessly battle.

But are things really so simple?…

Back in May 2011, Harvard University was rocked by the scandal of Professor Marc Hauser. A decorated senior scientist consistently voted one of the most popular professors by students, Hauser was the director of the university’s Mind, Brain and Behavior program and a trailblazer in the field of evolutionary psychology. He was also a fraud who falsified data in his experiments and was ultimately outed by his own graduate students. When the truth came out, he was barred from teaching and resigned from Harvard in disgrace.

Hauser’s case was far from an isolated incident. Seven months later, the New York Times reported on the corruption of noted Netherlands psychologist Diederik Stape, who managed to mislead the top scientific journals and bamboozle the best science reporters (including those at the Times) with article after article of fraudulent findings:

Corrupt, incompetent scientists? Lax research standards? Systemically flawed peer review processes? These problems, alas, are anything but rare. Stories like Stapel’s, plus reports on the findings of the evidence-based medicine movement about the unreliability of much medical science, and studies like Leslie John’s in Psychological Science (which revealed that the vast majority of psychologists engaged in questionable research practices and that one in ten falsified data)–not to mention the various alarmist exaggerations of some climate researchers–demonstrate that in many cases scientists have no one but themselves to blame for the loss of public faith in their work. Through laziness, politicization of findings, and outright falsification, the practitioners of some of our most important sciences have discredited their disciplines. Every Stapel and Hauser strengthens the voices of science skeptics — and rightly so.

More Inconvenient Facts about “The Rich”

Remember my posts “Taxing the Rich” and “More About Taxing the Rich,” in which I recorded my correspondence with an envious “progressive” leveler.  If not, this your chance to read them. Here are a couple of passages from the second post:

[I]t’s important to keep in mind that people aren’t “stuck” in a particular quintile; there’s a general tendency to move up as one ages, and then to drop down a bit after retiring. For more, see this: http://mjperry.blogspot.com/2008/02/rich-getting-richer-and-poor-are.html.

As you know from our earlier exchange, high-income people already are paying the lion’s share of taxes in this country. (And, surprisingly, more than their peers in the other industrialized nations: http://www.taxfoundation.org/blog/show/27134.html.)

Mark Perry recently posted more about the volatility of high-income groups and the share of taxes paid by whoever happens to be in a high-income group. In “Significant Turnover in the Top 400 U.S. Earners; From 1992-2009, 85% Were in Just 1 or 2 Years,” Perry notes that the

IRS has a new report on the 400 taxpayers reporting the highest adjusted gross incomes (AGI) from 1992 to 2009, and the table above shows the frequency of appearing the “Fortunate 400” over the entire period (Table 4 in the IRS report). The 7,200 tax returns (400 highest earners x 18 years) from 1992 to 2009 represented 3,869 unique, individual taxpayers, since some taxpayers made it into the top 400 earner group more than one year. The data show that:

1. Of the group of 3,869 top earners from 1992-2009, 2,824 individuals made it into the “Fortunate 400” only one time during the 18-year period. Those 2,824 one-timers represent about 73% of the total (3,869), so only about one out of every four, or 27% of the total, made it into the top 400 more than once between 1992 and 2009 (see columns 2 and 3 above).

2. Moreover, 2,824 earners made it into the top 400 once (73%), and another 458 ( about 12%) made it into the top group twice. So 85% made it into the “Fortunate 400” group either once or twice, and only about 15% made it into the top group more than twice.

3. There were only 87 taxpayers out of the 3,869 total taxpayers in the group (2.25%) who were in the top 400 in 10 or more years.

4. Of the 7,200 total returns filed over the 18-year period, 2,824 represent one-timers, so on average in any given year, about 40% of the returns are filed by taxpayers who are not in the “Fortunate 400” in any of the other 17 years (see last two columns).  And more than half of the total 7,200 “Fortunate 400” returns between 1992-2009 (3,740 and 52%) were filed by taxpayers whose returns only appeared in one or two of the 17 years.

According to the IRS, “The data reveal a mostly changing group of taxpayers over time. In fact, there were 3,869 different taxpayers represented in total for the 18-year period. Of these, a little more than 27 percent appear more than once and slightly more than 2 percent were represented in 10 or more years.”

Perry followed with “Top 400 Taxpayers Paid Almost As Much in Federal Income Taxes in 2009 as the Entire Bottom 50%.” The title says it all.

That’s it for today, folks. One more thing…

The Myth That Same-Sex “Marriage” Causes No Harm

That’s the title of a post from last October, in which I quote an article by Stephen Heaney. He says (among other things):

If government exists to support us in our flourishing, then it is obligated, in the deepest sense, to function in accordance with the truth of what is fitting for us. It is obligated to try to protect us from harm, and to support us in what is good for us….

The cause du jour, the primary contest over human flourishing, is the debate over the meaning of marriage.

The truth of marriage is that it can only exist between one man and one woman, for the sake of the children who may come as a result of their sexual union. Thus government is obligated to recognize the truth of marriage; to protect and support that project of bringing children into the world and caring for them; to recognize all and only actual marriages; and to discourage sexual acts in other contexts.

One of the arguments for same-sex “marriage” is that

research shows no difference in outcomes between children whose parents have same-sex relationships and their peers raised by heterosexual parents.

That is from “New Research on Children of Same-Sex Parents Suggests Differences Matter,” which goes on to note the following:

Yesterday the academic journal Social Science Research published a detailed methodological review of the research on which the APA bases its conclusion—a study that questions the validity of the “no difference” assertion. Conducted by a Louisiana State University family scholar, the article concludes:

[N]ot one of the 59 studies referenced in the 2005 APA Brief compares a large, random, representative sample of lesbian or gay parents and their children with a large, random, representative sample of married parents and their children. The available data, which are drawn primarily from small convenience samples, are insufficient to support a strong generalizable claim either way. Such a statement would not be grounded in science. To make a generalizable claim, representative, large-sample studies are needed—many of them.

A large representative sample is supplied in a second new study, conducted by a University of Texas–Austin sociologist and published in the same journal. The New Family Structures Study (NFSS), under the direction of Dr. Mark Regnerus, provides the most representative picture to date of young adults whose parents had same-sex relationships. NFSS is a large, random, nationally representative sample….

According to NFSS, just 1.7 percent of young adults ages 18 to 39 reported having a parent who has had a same-sex romantic relationship. The experience of long-term stability in same-sex households is rarer still….

Only two respondents whose mothers had a same-sex relationship reported that this living arrangement lasted all 18 years of their childhood. No respondents with fathers who had a same-sex relationship reported such longevity….

Compared to young adults in traditional, intact families, young adults whose mothers had a same-sex relationship tended to fare worse than their peers in intact biological families on 24 of the 40 outcomes examined. For example, they were far more likely to report being sexually victimized, to be on welfare, or to be currently unemployed.

Young adults whose fathers had a same-sex relationship showed significant differences from their peers in intact families on 19 of the outcomes. For example, they were significantly more likely to have contemplated suicide, to have a sexually transmitted infection, or to have been forced to have sex against their will….

A significant improvement on the limited research to date on child outcomes and same-sex parenting, this new study marks an important development in the research. As findings based on studies using the NFSS and other large, nationally representative data on same-sex parents and their children accumulate, a more generalizable picture will begin to emerge.

At present, far too little is known about this new household form into which activist courts are pushing America—and much of what has been presented to date gives an inaccurate picture of the reality that children of same-sex parenting have experienced.

NFSS project director Dr. Mark Regnerus concludes in a piece running on Slate today that “the stable, two-parent biological married model [is] the far more common and accomplished workhorse of the American household, and still—according to the data, at least—the safest place for a kid.”

Ah, but don’t tell your typical libertarian that the “harm principle” is an empty concept that lends itself to socially destructive causes like same-sex “marriage.”

Secession, Anyone?

As a denizen of the People’s Republic of Austin, I “relate” to this piece by Will Wilkinson:

…Lorrie Moore, a professor of English at the University of Wisconsin-Madison and fiction writer of note, reports that the acrimonious recall campaign has set brother against brother from Eau Claire to Kenosha:

Despite the assertion by journalist David Brooks (and others) that Americans live in more like-minded communities than ever before and are therefore cut off from values and opinions at variance with their own, more than a year later Wisconsin’s recall of its Governor and several legislators is now said to have pitted neighbor against neighbor. It is being called “a civil war,” and as in our American Civil War some family members are not talking to other family members. Despite a history of bipartisanship, people have chosen sides (as midwesterners tend to do in divorce; not for them the pseudo-sophisticated friends-with-all approach). Tales of confrontation abound: A driver with a “Recall Walker” bumper sticker might be tailed on the highway then passed in the adjacent lane by someone holding up a “Fuck the Recall” sign.

…Trust and a convincing imitation of geniality keep the public institutions of the upper Midwest running relatively smoothly. One hopes the discord brought upon the Badger State by moneyed outsiders bent on proving partisan points dies down after the vote is in, but I’m afraid this sort of fight will become increasingly common in so-called “swing states” as Americans continue to polarise along partisan lines.

The Pew Research Center’s “2012 American Values Survey” finds that Americans have never been more polarised, at least not since polarisation has been measured. Here’s a picture of the extent of the partisan divide:

….

America is dotted with hundreds of islands of concentrated liberalism, thanks to its largely publicly-funded university system. In Wisconsin, for example, it is not at all unusual to hear the state capital called “the People’s Republic of Madison”, on account of the university and its attendant politics. The role of universities in the story of American polarisation seems to me under-appreciated. America’s college towns facilitate within-state sorting according to political affinity by offering temperamentally liberal Wisconsinites or Georgians or Texans attractive places to live among fellow bleeding hearts, but without having to go too far from home. Big state universities also act as magnets drawing “foreign”, out-of-state academics, artists and their wannabe students away from their natural habitats on the coasts….

Now, as partisan polarisation increases nationwide, the town-gown divide inevitably grows more stark and hostile. The denizens of our nation’s inland archipelago of people’s republics grow politically further and further from the surrounding citizenry, whose taxes and tuition keep college-town bookstores in Bataille [link added]….

Regarding the partisan divide and the Pew survey, Arnold Kling says ” I do not think that this will end well.”

It could end quite well — if enough politicians at the State level would muster the guts to do the right thing, which is to secede en bloc. What would a Free States of America look like? Possibly like this:

The States in red went for G.W. Bush in 2000 and 2004. I have omitted three other twice-Bush States — Nevada, Colorado, and Virginia — because they went for Obama in 2008 by margins of greater than 5 percentage points. I would welcome Nevada, Colorado, and Virginia into the fold. New Mexico (which went for Bush in 2004) would be welcome, too, for the sake of territorial integrity. (The other once-Bush States are Iowa, which is suspect because of its attachment to ethanol, and New Hampshire, which (sad to say) is trending “blue.”)

What about the bastions of “liberalism,” like Austin? Well, without the support of a central government that underwrites and encourages its fads and foibles, it would become a saner, freer place as its “liberals” gradually emigrate to friendlier climes.

See also “The Constitution: Myths and Realities“.

Abortion, “Gay Rights,” and Liberty

Among the items that drew my attention today is “A Prime Instance of Political Correctness: The Blackballing of Nat Hentoff,” by Maverick Philosopher.

My opposition to abortion on libertarian grounds is of long standing, with this being the most recent of many posts on the subject. As it turns out, Nat Hentoff, who on many issues might be considered a leftist, holds views similar to mine. This, for example, is from his “Indivisible Fight for Life“:

I’ll begin by indicating how I became aware, very belatedly, of the “indivisibility of life.” I mention this fragment of autobiography only be cause I think it may be useful to those who are interested in bringing others like me – some people are not interested in making the ranks more heterogeneous, but others are, as I’ve been finding out – to a realization that the “slippery slope” is far more than a metaphor.

When I say “like me,” I suppose in some respects I’m regarded as a “liberal,” although I often stray from that category, and certainly a civil libertarian – though the ACLU and I are in profound disagreement on the matters of abortion, handicapped infants and euthanasia, because I think they have forsaken basic civil liberties in dealing with these issues. I’m considered a liberal except for that unaccountable heresy of recent years that has to do with pro-life matters.

It’s all the more unaccountable to a lot of people because I remain an atheist, a Jewish atheist. (That’s a special branch of the division.) I think the question I’m most often asked from both sides is, “How do you presume to have this kind of moral conception without a belief in God?” And the answer is, “It’s harder.” But it’s not impossible….

Now, I had not been thinking about abortion at all. I had not thought about it for years. I had what W. H. Auden called in another context a “rehearsed response.” You mentioned abortion and I would say, “Oh yeah, that’s a fundamental part of women’s liberation,” and that was the end of it.

But then I started hearing about “late abortion.” The simple “fact” that the infant had been born, proponents suggest, should not get in the way of mercifully saving him or her from a life hardly worth living. At the same time, the parents are saved from the financial and emotional burden of caring for an imperfect child.

And then I heard the head of the Reproductive Freedom Rights unit of the ACLU saying – this was at the same time as the Baby Jane Doe story was developing on Long Island – at a forum, “I don’t know what all this fuss is about. Dealing with these handicapped infants is really an extension of women’s reproductive freedom rights, women’s right to control their own bodies.”

That stopped me. It seemed to me we were not talking about Roe v. Wade. These infants were born. And having been born, as persons under the Constitution, they were entitled to at least the same rights as people on death row – due process, equal protection of the law. So for the first time, I began to pay attention to the “slippery slope” warnings of pro-lifers I read about or had seen on television. Because abortion had become legal and easily available, that argument ran – as you well know – infanticide would eventually become openly permissible, to be followed by euthanasia for infirm, expensive senior citizens….

Recently, I was interviewing Dr. Norman Levinsky, Chief of Medicine of Boston University Medical Center and a medical ethicist. He is one of those rare medical ethicists who really is concerned with nurturing life, as contrasted with those of his peers who see death as a form of treatment. He told me that he is much disturbed by the extent to which medical decisions are made according to the patient’s age. He says there are those physicians who believe that life is worth less if you’re over 80 than if you’re 28.

So this is capsulizing an incremental learning process. I was beginning to learn about the indivisibility of life. I began to interview people, to read, and I read Dr. Leo Alexander. Joe Stanton, who must be the greatest single resource of information, at least to beginners – and, I think, non-beginners – in this field, sent me a whole lot of stuff, including Dr. Leo Alexander’s piece in the New England Journal of Medicine in the 1940s. And then I thought of Dr. Alexander when I saw an April 1984 piece in the New England Journal of Medicine by 10 physicians defending the withdrawal of food and water from certain “hopelessly ill” patients. And I found out that Dr. Alexander was still alive then but didn’t have much longer to live. And he said to Patrick Duff, who is a professor of philosophy at Clarke University and who testified in the Brophy case, about that article, “It is much like Germany in the 20s and 30s. The barriers against killing are coming down.”…

Back to Dr. Norman Levinsky. This is all part of this learning process. It is not a huge step, he said, from stopping the feeding to giving the patient a little more morphine to speed his end. I mean it is not a big step from passive to active euthanasia.

Well, in time, a rather short period of time, I became pro-life across the board, which led to certain social problems, starting at home. My wife’s most recurrent attack begins with, “You are creating social mischief,” and there are people at my paper who do not speak to me anymore. In most cases, that’s no loss.

Which leads to “Blackballing Nat Hentoff,” by Mark Judge (writing at RealClearReligion):

Hentoff’s conversion from pro-choice to pro-life, and the fallout that resulted, is explained in an essay in the new book, The Debate Since Roe: Making the Case Against Abortion 1975-2010. It’s a compendium of essays from the journal Human Life Review….

Hentoff’s liberal friends didn’t appreciate his conversion: “They were saying, ‘What’s the big fuss about? If the parents had known she was going to come in this way, they would have had an abortion. So why don’t you consider it a late abortion and go on to something else? Here were liberals, decent people, fully convinced themselves that they were for individual rights and liberties but willing to send into eternity these infants because they were imperfect, inconvenient, costly. I saw the same attitude on the part of the same kinds of people toward abortion, and I thought it was pretty horrifying.”

The reaction from America’s corrupt fourth estate was instant. Hentoff, a Guggenheim fellow and author of dozens of books, was a pariah. Several of his colleagues at the Village Voice, which had run his column since the 1950s, stopped talking to him. When the National Press Foundation wanted to give him a lifetime achievement award, there was a bitter debate amongst members whether Hentoff should even be honored (he was). Then they stopped running his columns. You heard his name less and less. In December 2008, the Village Voice officially let him go.

The blackballing of Hentoff, reprehensible and revealing of the left’s moral bankruptcy as it may be, has one positive aspect: It seems to have been accomplished by private action; that is, the power of the state has not been wielded against Hentoff. (As far as I know.)

The power of the state has been wielded against those who dare to resist the “gay rights” movement and its ancillary activities. Here is Hentoff, writing in September 2000 (“Media Ignores Far-Ranging Gag Order“) about one such instance:

On March 30, the Boston chapter of the national Gay, Lesbian, and Straight Education Network (GLSEN) held a conference at Tufts  University. Present, from around the state, were teen-agers and some children as young as 12, as well as teachers who received state ‘professional development credits’ for being there.

One of the sessions was titled, ‘What They Don’t Tell You About Queer Sex & Sexuality in Health Class: A Workshop for Youth Only, Ages 14-21.’ Instructing the students were two employees of the state Department of Education and a consultant from the Department of Public Health.

Scott Whiteman of the conservative Parents Rights Coalition attended  that class and secretly taped it. I have a copy of the transcript.  When a youngster asked, ‘What’s fisting?’ in gay sex, a woman from the Education Department explained how to do it. There might be some pain, she said, but it’s an ‘experience of letting somebody into your body that you want to be that close and intimate with.’

Among other lessons, there was a ‘hand diagram’ to show how lesbians have sex. Another workshop was: ‘Early Child Educators: How to Decide Whether to Come Out at Work or Not.’

Part of the tape was played on Boston talk-radio station WTKK-FM by the host, Jeanine Graf, whom I’ve known for years as a vigorous advocate for free speech.

The Parents Rights Coalition made the tape available to others, and GLSEN sued to have it and any transcripts suppressed. On May 17, Suffolk County Superior Court Judge Allan van Gestel, who moonlights as a lecturer at Harvard Law School, issued one of the most  far-ranging prior-restraint orders in American judicial history….

It included not only the Parents Rights Coalition but anyone, including  lawyers, who tried ‘to disclose or use such tape in any forum’ or its contents. That included the press, electronic and print….

The … media [other than the Boston Herald] was silent, except for WTKK’s Graf. She kept playing the tape. And, on her program, Harvard law professor Alan Dershowitz and Harvey Silverglate – a civil-rights and civil-liberties lawyer as well as a national columnist – attacked the prior restraint as a violation of a series of U.S. Supreme Court decisions.

I went on Graf’s show to violate the gag order. I discussed what was on the tape and underlined the judge’s contempt for settled First Amendment law. Also criticizing the prior restraint was Jay Severin, a WTKK commentator.

The Massachusetts affiliate of the American Civil Liberties Union was silent….

On May 25, van Gestel modified his gag rule, saying, ‘Nothing in this preliminary injunction shall be deemed to apply in any way to the print or electronic news media.’ But the rest of the prior restraint continued….

Subsequently, there has been some coverage of this assault on the First Amendment and the acquiescence of most of the Boston media. Rod Dreher, a New York Post columnist, wrote an indignant ‘Banned in Boston’ article in the July 3-10 issue of The Weekly Standard….

Aside from Dreher’s piece, I’ve seen no mention in the national press of this gag order that should go into the Guinness Book of World Records. If a similar suppression of speech had been handed down by a judge against a secret taping of a David Duke-sponsored conference by the National Association for the Advancement of Colored People, would there have been such media silence?

Fast forward to 2012, where the leftist-statist conspiracy to advance “gay rights” (i.e., gay privileges) is alive and well. A case in point is described in “Wedding Photographer May Be Required (on Pain of Legal Liability) to Photograph Same-Sex Commitment Ceremonies,” at The Volokh Conspiracy:

So the New Mexico Court of Appeals held last week in the long-pending Elane Photography v. Willock (N.M. Ct. App. May 31, 2012). The court began by holding that the state law that bans sexual orientation discrimination in places of public accommodation applies to professional wedding photographers’ decisions not to photograph same-sex commitment ceremonies: Such photography businesses are “places of public accommodation” under the language of the law, and the discrimination between legally recognized opposite-sex marriages (New Mexico only recognizes such marriages) and same-sex commitment ceremonies constitutes discrimination based on sexual orientation.

The court then rejected the argument of the photographer (Elane Huguenin, the co-owner and principal photographer for Elane Photography) that penalizing her for not photographing such same-sex ceremonies was an unconstitutional “speech compulsion.” The First Amendment, Huguenin argued, has been repeatedly held to protect the right to speak as well as the right not to speak; and the right not to speak includes the right not to create artistic expression that one doesn’t want to create. And just as the First Amendment protects speech that is said for money (indeed, most books, newspapers, movies, and the like are created and distributed commercially), so it protects the right not to create certain artistic works for money, even if one is in that line of business. But the court disagreed….

I don’t think this [ruling] is right, for reasons that I discussed in my earlier posts about earlier stages of this case. It seems to me that the right to be free from compelled speech includes the right not to create First-Amendment-protected expression — photographs, paintings, songs, press releases, or what have you — that you disagree with, even if no-one would perceive you as endorsing that expression….

Amen to that.

Not that I am surprised by the court’s action. This is from “Civil Society and Homosexual “Marriage,” a post that I wrote three years ago:

[A]s sure as the sun sets in the west, the state will begin to apply the equal protection clause of the Fourteenth Amendment in order to protect homosexual “marriage” from its critics. Acting under the rubric of “civil rights” — and  in keeping with the way that anti-discrimination laws have been applied to date — the state will deal harshly with employers, landlords, and clergy who seem to discriminate against homosexual “marriage” and its participants.

The post concludes with this:

Many will dismiss consequential arguments against homosexual “marriage” by asserting that the state’s refusal to legitimate homosexual marriage simply isn’t “fair.” In return, I will ask this:

Unfair to whom, to the relatively small number of persons who seek to assuage their pride or avoid paying a lawyer to document the terms of their relationship, or generally unfair to members of society (of all sexual proclivities), whose well-being is bound to suffer for the sake of homosexual pride or cost-avoidance?

As a practicing minarchist, I would rather have the state stay out of “the marriage business.”  But given that the state is already in that business — and is unlikely to get out of it — the next-best outcome is for the state to uphold societal norms instead of bowing to the preferences of the gay lobby and its influential supporters.

Faced with a choice between libertarian shibboleth and libertarian substance, I have chosen substance. I now say: Ban homosexual marriage and avoid another step down the slippery slope toward incivility and bigger government.

And, while we are striking blows for liberty, let us ban abortion, too.

Related posts (abortion):
Law, Liberty, and Abortion
Substantive Due Process and the Limits of Privacy
Crimes against Humanity
Abortion and Logic
Abortion, Doublethink, and Left-Wing Blather

Related posts (homosexual “marriage”):
Libertarianism, Marriage, and the True Meaning of Family Values
Same-Sex Marriage
“Equal Protection” and Homosexual Marriage
“Family Values,” Liberty, and the State
Civil Society and Homosexual “Marriage”
Perry v. Schwarzenegger, Due Process, and Equal Protection
Rationalism, Social Norms, and Same-Sex “Marriage”
Pseudo-Libertarian Sophistry vs. True Libertarianism
Bounded Liberty: A Thought Experiment
More Pseudo-Libertarianism
The Meaning of Liberty
In Defense of Marriage
The Myth That Same-Sex “Marriage” Causes No Harm

The End Game?

Yesterday, Walter Russell Mead wrote about and quoted George Soros on the subject of Europe and its economic fate:

Regular readers know that while I disagree with George Soros on a number of points, I find him to be one of the keenest observers of world events. And of all the subjects on which George is brilliant, Europe is perhaps his best….

In a speech recently given in Trento, Italy, George lays out his vision of the crisis of the European Union and the prospects for its recovery….

The first third is a rehash of some basic concepts that George uses to distinguish between the social sciences and the natural sciences….

Once he’s worked through this concept, George turns his attention to what went wrong in Europe — and to what could be done about it. In a nutshell, he says that the Europe of the last twenty years was a kind of bubble: it was a “fantastic object” — something that was so alluring and attractive that people behaved as if it existed even though in fact it did not.

Now that the financial crisis (which George diagnoses as both a sovereign debt crisis like the third world debt crisis of 1982 and a banking crisis) is upon us….

And what does the world’s most successful financial investor thinks will actually happen?

But the likelihood is that the euro will survive because a breakup would be devastating not only for the periphery but also for Germany…  So Germany is likely to do what is necessary to preserve the euro – but nothing more. That would result in a eurozone dominated by Germany in which the divergence between the creditor and debtor countries would continue to widen and the periphery would turn into permanently depressed areas in need of constant transfer of payments. That would turn the European Union into something very different from what it was when it was a “fantastic object” that fired peoples imagination. It would be a German empire with the periphery as the hinterland.

Today, Mead writes:

After months upon months of fruitless back-and-forth over the Eurozone crisis, as Greece and then Spain brought the continent ever-closer to the brink of catastrophe, the signs of a coherent German policy are beginning to emerge. The Wall Street Journal reports:

Germany is sending strong signals that it would eventually be willing to lift its objections to ideas such as common euro-zone bonds or mutual support for European banks if other European governments were to agree to transfer further powers to Europe….

Unfortunately, the end result is still anything but foreordained. The French, for their part, have balked at the kind of loss of sovereignty over fiscal matters that the Germans are demanding here. And the fact that this kind of sweeping change would require the rewriting and re-ratification of scores of EU treaties means that no solution is immediately at hand, even if all of Europe’s leaders agree to a solution. It’s not at all clear that markets will give Europe the time its sclerotic political process needs to work through — and it’s even less clear that all the other EU countries will sign up for Germany’s new plan.

But a step forward is a step forward, and given the stakes, any sign of life from Europe’s political leadership is to be welcomed.

All may be for naught, however, because of the huge pile of indebtedness and obligations that the industrialized nations have accumulated. One financial expert, Raoul Pal, sees it this way:

…Pal expects a series of sovereign defaults, the “biggest banking crisis in world history”, and asserts that we don’t have many options to stop it.

Pal previously co-managed the GLG Global Macro Fund. He is also a Goldman Sachs alum. He currently writes for The Global Macro Investor, a research publication for large and institutional investors.

A note on the presentation; the last slide is not meant to suggest that we’re going back to the economic activity of 3000 years ago. It refers to the 3000 year old trade links between the nations along the Indian Ocean, which Mr. Pal believes will be the center of world’s opportunities. Just like the West 50 years ago, they have “…low debts, high savings and a young population”….

Read it and … panic? I link, you decide.

Related posts:
The Causes of Economic Growth
In the Long Run We Are All Poorer
Mr. Greenspan Doth Protest Too Much
A Short Course in Economics
Addendum to a Short Course in Economics
The Price of Government
The Price of Government Redux
The Mega-Depression
As Goes Greece
Ricardian Equivalence Reconsidered
The Real Burden of Government
The Illusion of Prosperity and Stability
Estimating the Rahn Curve: Or, How Government Inhibits Economic Growth
The Deficit Commission’s Deficit of Understanding
The Bowles-Simpson Report
The Bowles-Simpson Band-Aid
The Stagnation Thesis
Taxing the Rich
More about Taxing the Rich
America’s Financial Crisis Is Now
Money, Credit, and Economic Fluctuations
A Keynesian Fantasy Land
The Keynesian Fallacy and Regime Uncertainty
Why the “Stimulus” Failed to Stimulate
The “Jobs Speech” That Obama Should Have Given
Regime Uncertainty and the Great Recession
The Real Multiplier
Vulgar Keynesianism and Capitalism
Why Are Interest Rates So Low?
The Commandeered Economy
Stocks for the Long Run?
We Owe It to Ourselves
Stocks for the Long Run? (Part II)
Estimating the Rahn Curve: A Sequel
In Defense of the 1%
Bonds for the Long Run?
The Real Multiplier (II)
Lay My (Regulatory) Burden Down
The Burden of Government
Economic Growth Since World War II
More Evidence for the Rahn Curve

Hopefully, This Post Will Be Widely Read

Geoff Nunberg rushes to the defense of “hopefully,” in “The Word ‘Hopefully’ Is Here to Stay, Hopefully,” which appears at npr.org. Numberg (or the headline writer) may be right in saying that “hopefully” is here to stay. But that does not excuse the widespread use of the word in ways that are imprecise and meaningless.

The crux of Nunberg’s defense is that “hopefully” conveys a nuance that “language snobs” (like me) are unable to grasp:

Some critics object that [“hopefully” is] a free-floating modifier (a Flying Dutchman adverb, James Kirkpatrick called it) that isn’t attached to the verb of the sentence but rather describes the speaker’s attitude. But floating modifiers are mother’s milk to English grammar — nobody objects to using “sadly,” “mercifully,” “thankfully” or “frankly” in exactly the same way.

Or people complain that “hopefully” doesn’t specifically indicate who’s doing the hoping. But neither does “It is to be hoped that,” which is the phrase that critics like Wilson Follett offer as a “natural” substitute. That’s what usage fetishism can drive you to — you cross out an adverb and replace it with a six-word impersonal passive construction, and you tell yourself you’ve improved your writing.

But the real problem with these objections is their tone-deafness. People get so worked up about the word that they can’t hear what it’s really saying. The fact is that “I hope that” doesn’t mean the same thing that “hopefully” does. The first just expresses a desire; the second makes a hopeful prediction. I’m comfortable saying, “I hope I survive to 105” — it isn’t likely, but hey, you never know. But it would be pushing my luck to say, “Hopefully, I’ll survive to 105,” since that suggests it might actually be in the cards.

Floating modifiers may be common in English, but that does not excuse them. Given Numberg’s evident attachment to them, I am unsurprised by his assertion that “nobody objects to using ‘sadly,’ ‘mercifully,’ ‘thankfully’ or ‘frankly’ in exactly the same way.”

Nobody, Mr. Nunberg? Hardly. Anyone who cares about clarity and precision in the expression of ideas will object to such usages. A good editor would rewrite any sentence that begins with a free-floating modifier — no matter which one of them it is.

Nunberg’s defense against such rewriting is that Wilson Follet offers “It is to be hoped that” as a cumbersome, wordy substitute for “hopefully.” I assume that Nunberg refers to Follett’s discussion of “hopefully” in Modern American Usage: A Guide, a book that I have owned and consulted often, for several decades, and which remains authoritative on the many points of language that it addresses. Nunberg, once again, proves himself an adherent of imprecision, for this is what Follett actually says about “hopefully”:

The German language is blessed with an adverb, hoffentlich, that affirms the desirability of an occurrence that may or may not come to pass. It is generally to be translated by some such periphrasis as it is to be hoped that; but hack translators and persons more at home in German than in English persistently render it as hopefully. Now, hopefully and hopeful can indeed apply to either persons or affairs. A man in difficulty is hopeful of the outcome, or a situation looks hopeful; we face the future hopefully, or events develop hopefully. What hopefully refuses to convey in idiomatic English is the desirability of the hoped-for event. College, we read, is a place for the development of habits of inquiry, the acquisition of knowledge and, hopefully, the establishment of foundations of wisdom. Such a hopefully is un-English and eccentric; it is to be hoped is the natural way to express what is meant. The underlying mentality is the same—and, hopefully, the prescription for cure is the same (let us hope) / With its enlarged circulation–and hopefully also increased readership–[a periodical] will seek to … (we hope) / Party leaders had looked confidently to Senator L. to win . . . by a wide margin and thus, hopefully, to lead the way to victory for. . . the Presidential ticket (they hoped) / Unfortunately–or hopefully, as you prefer it–it is none too soon to formulate the problems as swiftly as we can foresee them. In the last example, hopefully needs replacing by one of the true antonyms of unfortunately–e.g. providentially.

The special badness of hopefully is not alone that it strains the sense of -ly to the breaking point, but that appeals to speakers and writers who do not think about what they are saying and pick up VOGUE WORDS [another entry in Modern American Usage] by reflex action. This peculiar charm of hopefully accounts for its tiresome frequency. How readily the rotten apple will corrupt the barrel is seen in the similar use of transferred meaning in other adverbs denoting an attitude of mind. For example: Sorrowfully (regrettably), the officials charged with wording such propositions for ballot presentation don’t say it that way / the “suicide needle” which–thankfully–he didn’t see fit to use (we are thankful to say). Adverbs so used lack point of view; they fail to tell us who does the hoping, the sorrowing, or the being thankful. Writers who feel the insistent need of an English equivalent for hoffentlich might try to popularize hopingly, but must attach it to a subject capable of hoping.

Follett, contrary to Nunberg’s assertion, does not offer “It is to be hoped that” as a substitute for “hopefully,” which would “cross out an adverb and replace it with a six-word impersonal passive construction.” Follett gives “it is to be hoped for” as the sense of “hopefully.” But, as the preceding quotation attests, Follett is able to replace “hopefully” (where it is misused) with a few short words that take no longer to write or say than “hopefully,” and which convey the writer’s or speaker’s intended meaning more clearly. And if it does take a few extra words to say something clearly, why begrudge those words?

What about the other floating modifiers — such as “sadly,” “mercifully,” “thankfully” and “frankly” — which Nunberg defends with much passion and no logic? Follett addresses those others in the third paragraph quoted above, but he does not dispose of them properly. For example, I would not simply substitute “regrettably” for “sorrowfully”; neither is adequate. What is wanted is something like this: “The officials who write propositions for ballots should not have said … , which is misleading (vague/ambiguous).” More words? Yes, but so what? (See above.)

In any event, a writer or speaker who is serious about expressing himself clearly to an audience will never say things like “Sadly (regrettably), the old man died,” when he means either “I am (we are/they are/everyone who knew him) is saddened by (regrets) the old man’s dying,” or (less probably) “The old man grew sad as he died” or “The old man regretted dying.” I leave “mercifully,” “thankfully,” “frankly” and the rest of the over-used “-ly” words as an exercise for the reader.

The aims of a writer or speaker ought to be clarity and precision, not a stubborn, pseudo-logical insistence on using a word or phrase merely because it is in vogue or (more likely) because it irritates so-called language snobs. I doubt that even the pseudo-logical “language slobs” of Nunberg’s ilk condone “like” and “you know” as interjections. But, by Nunberg’s “logic,” those interjections should be condoned — nay, encouraged — because “everyone” knows what someone who uses them is “really saying”: “I am too stupid or lazy to express myself clearly and precisely.”

Related posts:
Remedial Vocabulary Training
One Small Step for Literacy
Punctuation
Unsplit Infinitives
Data Are
“Hopefully” Arrives

Not Guilty of Libertarian Purism

I highly recommend “Understanding Hayek” as a companion-piece to this post.

UPDATED (BELOW), 06/01/12

This post is in response to Jason Brennan’s post of May 30, “We Are Statists in Classical Liberal Clothing.” Brennan’s post was triggered ” by “Bleeding Heart Libertarians = Left-Statists,” which I posted on May 10.

I must say, first, that I am grateful to Brennan for linking to my blog, my bio, and the post that offends him. Today, the number of page views at Politics & Prosperity is about double the usual total for a Wednesday.

Now, what is right and what is wrong in Brennan’s reaction to my (admittedly and intentionally) provocative post? The first thing that is wrong with it is that I am not a libertarian, at least not of a kind that Brennan and company would recognize as such. I call myself a Burkean libertarian because (a) I am a Burkean conservative and (b) true libertarianism is found in Burkean conservatism; to wit:

A “true” libertarian respects socially evolved norms because those norms evidence and sustain the mutual trust, respect, forbearance, and voluntary aid that — taken together — foster willing, peaceful coexistence and beneficially cooperative behavior. And what is liberty but willing peaceful coexistence and beneficially cooperative behavior?

If socially evolved norms include the condemnation of abortion (because it involves the murder of a living human being) and the rejection of same-sex “marriage” (because it mocks and undermines the institution through which children are born and raised by an adult of each gender, fate willing), the “true” libertarian will accept those norms as part and parcel of the larger social order — as long as it is a peaceful, voluntary order.

The “pseudo” libertarian — in my observation — will reject those norms because they interfere with the “natural rights” (or some such thing) of the individuals who want to abort fetuses and/or grant same-sex “marriage” the same status as heterosexual marriage. But to reject and reverse norms as fundamental as the condemnation of abortion and same-sex “marriage”  is to create strife and distrust, therefore undermining the conditions upon which liberty depends….

The pseudo-libertarian … is afraid to admit that the long evolution of rules of conduct by human beings who must coexist  might just be superior to the rules that he would arbitrarily impose, reflecting as they do his “superior” sensibilities. I say “arbitrarily” because pseudo-libertarians have not been notably critical of the judicial impositions that have legalized abortion and same-sex marriage, or of the legislative impositions that have corrupted property rights in the pursuit of “social justice.”

All in all, it seems that pseudo-libertarians believe in the possibility of separating the warp and woof of society without causing the disintegration of the social fabric. The pseudo-libertarian, in that respect, mimics the doctrinaire socialist who wants prosperity but rejects one of its foundation stones: property rights.

A true libertarian will eschew the temptation to prescribe the details of social conduct. He will, instead, take the following positions:

  • The role of the state is to protect individuals from deceit, coercion, and force.
  • The rules of social conduct are adopted voluntarily within that framework are legitimate and libertarian.

There is much more to it than that, of course. So, before anyone challenges my view of what truly constitutes libertarianism, he or she should first read the many posts that I link to at the bottom of this one.

Brennan’s second mistake is to assume that I am interested in libertarian purity. The original title of his post was “Libertarian Purity: Statists in Classical Liberal Clothing”; he calls me a hardcore libertarian; and — following a flawed reconstruction of my argument (about which more, below) — he links to an “antidote,” which is a piece by Alexander McCubin called “Let’s Reject the Purity Test.” But, as a non-libertarian, I am uninterested in libertarian purity.

What I am interested in, in the case of Brennan, many of his co-authors at Bleeding Heart Libertarians, and others of their ilk, is how they can call themselves libertarians when they are willing to invoke the power of the state to bring the social and economic order into compliance with their preconceptions of its proper shape. It is not as if I suddenly arrived at that assessment. Here is a list of fourteen earlier posts in which I address various aspects of the contorted libertarianism of BHLs:

The Meaning of Liberty” (03/09/11)
Positive Liberty vs. Liberty” (03/25/11)
More Social Justice” (03/30/11)
On Self-Ownership and Desert” (04/22/11)
Corporations, Unions, and the State” (06/30/11)
In Defense of Subjectivism” (08/02/11)
The Folly of Pacifism, Again” (08/28/11)
What Is Libertarianism?” (09/06/11)
Why Stop at the Death Penalty?” (09/22/11)
Regulation as Wishful Thinking” (10/13/11)
What Is Bleeding-Heart Libertarianism?” (12/17/11)
The Morality of Occupying Private Property” (12/21/11)
The Equal-Protection Scam and Same-Sex ‘Marriage’” (01/03/12)
Liberty, Negative Rights, and Bleeding Hearts” (02/13/12)

A third, arguably wrong thing in Brennan’s post is his statement that “Hayek was more ‘statist’ than Zwolinski or I.” I do not know how to measure degrees of statism (perhaps Brennan can tell me), but I respect Hayek and his memory because, for one thing, he did not pretend to be a libertarian. This passage from the Wikipedia article about Hayek comports with what I know of him and his ideas:

Hayek wrote an essay, “Why I Am Not a Conservative”[94] (included as an appendix to The Constitution of Liberty), in which he disparaged conservatism for its inability to adapt to changing human realities or to offer a positive political program, remarking, “Conservatism is only as good as what it conserves”. Although he noted that modern day conservatism shares many opinions on economics with classic liberals, particularly a belief in the free market, he believed it’s because conservatism wants to “stand still,” whereas liberalism embraces the free market because it “wants to go somewhere”. Hayek identified himself as a classical liberal but noted that in the United States it had become almost impossible to use “liberal” in its original definition, and the term “libertarian” has been used instead.

However, for his part, Hayek found this term “singularly unattractive” and offered the term “Old Whig” (a phrase borrowed from Edmund Burke) instead. In his later life, he said, “I am becoming a Burkean Whig.” However, Whiggery as a political doctrine had little affinity for classical political economy, the tabernacle of the Manchester School and William Gladstone.[95] His essay has served as an inspiration to other liberal-minded economists wishing to distinguish themselves from conservative thinkers, for example James M. Buchanan‘s essay “Why I, Too, Am Not a Conservative: The Normative Vision of Classical Liberalism”.

A common term in much of the world for what Hayek espoused is “neoliberalism“. A British scholar, Samuel Brittan, concluded in 2010, “Hayek’s book [The Constitution of Liberty] is still probably the most comprehensive statement of the underlying ideas of the moderate free market philosophy espoused by neoliberals.”[96]

In Why F A Hayek is a Conservative,[97] British policy analyst Madsen Pirie believes Hayek mistakes the nature of the conservative outlook. Conservatives, he says, are not averse to change – but like Hayek, they are highly averse to change being imposed on the social order by people in authority who think they know how to run things better. They wish to allow the market to function smoothly and give it the freedom to change and develop. It is an outlook, says Pirie, that Hayek and conservatives both share.

If Hayek was, in some respects, more statist than Brennan and company, his essential program was nevertheless more libertarian — by my lights — because it was more grounded in an understanding of and respect for society as a complex organism. That is why I dedicate this blog to Hayek’s memory.

BHLs, in contrast to Hayek, strike me as shallow and naive. They seem to believe that their proposed interventions in the name of “social justice” would (a) work as intended and (b) not invite further interventions from entrenched (and more powerful) interests. Interventions are to the state what raw meat is to a beast. Libertarians should be proposing ways to tame the beast, not feed it.

Which brings me to my final point: Brennan’s reconstruction of an argument (my argument?) that he attributes to “hardcore libertarians”:

  1. Most of the BHLers think that the consequences of different kinds of institutions matter sufficiently that, under at least some hypothetical circumstances, they would not advocate anarcho-capitalism or minimal statism.
  2. If 1, then BHLers are left-statists.
  3. Therefore, BHLers are left-statists.
  4. Either the BHLers are stupid and don’t know they are left-statists, or they are conniving and know they are left-statists.
  5. The BHLers are not stupid. [Thanks for the bone!]
  6. Therefore, the BHLers are conniving and know they are left-statists.

My argument was rather more complex and nuanced than that. I will not replicate or summarize it here; you can read it for yourself. Brennan focuses on one (non-essential) aspect of my argument, the one that offends him — namely, that BHLs are conniving left-statists. Brennan’s post convinces me that I was wrong to imply that BHLs are connivers; they (or too many of them) are just arrogant in their judgments about “social justice” and naive when they presume that the state can enact it. It follows that (most) BHLs are not witting left-statists; they are (too often) just unwitting accomplices of left-statism.

Accordingly, if I were to re-title the offending post I would call it “Bleeding-Heart Libertarians: Crypto-Statists or Dupes for Statism?”.

UPDATE (06/01/12):

I will not respond to every commentary about this post, but I will say some things about “Saving Liberty from the ‘True Libertarians’,” by “dL” of Libérale et libertaire. First, though, I want to thank dL for using an attractive WordPress theme, Suburbia, I liked the look of dL’s blog so much that I switched to Suburbia almost as soon as I had finished reading dL’s post. [06/08/12: I later found and switched to DePo Masthead. It is another multi-column theme, but unlike Suburbia, the front page of DePo Masthead displays complete, properly formatted posts.] [06/12/12: DePo Masthead had drawbacks that were not evident when I previewed it. I am now using NotesIL, which is much like Enterprise, the theme I had used for at least a few years, but with a brighter look and a sidebar on the left.]

Now, for the serious stuff. It would seem that dL did not heed what I say in the original post:

[B]efore anyone challenges my view of what truly constitutes libertarianism, he or she should first read the many posts that I link to at the bottom of this one.

Had dL done what I suggest, he or she would have learned that I do, in fact, accept Hayek’s “evolutionary social framework methodology.” I repeatedly invoke “voluntarily evolved social norms” as the bedrock of a truly libertarian social order.

And why is such a social order “truly libertarian”? Well, it is easy to say, as dL does, that

Liberty is simply defined as “do what you want, constrained only by the harm to others.”

This is an empty formulation that is nowhere close to an operational definition of liberty. Real liberty — what I call “true liberty” — is not a string of words on paper, it is a feasible social order. It is — as I say in several of the posts that dL evidently did not read — a modus vivendi. To spare dL (and others) the trouble of digging through my posts, I quote at length from “The Meaning of Liberty“:

[A]t least one of the bloggers at Bleeding Heart Libertarians — a new group blog whose eight contributors (thus far) are professors of law and/or philosophy — advances the proposition that “liberty” means whatever non-philosophers think it means. The contributor in question, Jason Brennan, justifies his preference by saying  that liberty “is a concept philosophers are interested in, but it’s a not a philosopher’s technical term.”

That may be so, but I would think that philosophers who are going to use a term that is central to the theme of their blog — the connection of libertarianism to social justice — would begin by searching for a relevant and logically consistent definition of liberty. Brennan, instead, casts a wide net and hauls in a list of seven popular definitions, one of which (negative liberty) has three sub-definitions. That may be a useful starting point, but Brennan leaves it there, thus implying that liberty is whatever anyone thinks it is….

I am struck by the fact that none of the definitions offered by Brennan is a good definition of liberty (about which, more below)…. I therefore humbly suggest that the next order of business at Bleeding Heart Libertarianism ought to be a concerted effort to define the concept that is part of the blog’s raison d’etre.

To help Brennan & Co. in their quest, I offer the following definition of liberty, which is from the first post at this blog, “On Liberty“:

peaceful, willing coexistence and its concomitant: beneficially cooperative behavior

The problem with the definitions listed by Brennan should now be obvious. Those definitions focus on the individual, whereas the relevant definition of liberty is a social one. That is to say, one cannot address social justice and its connection to liberty unless liberty is viewed as a modus vivendi for a group of individuals. There is no such thing as the ability to do as one pleases — the dominant motif of Brennan’s list — unless

  • one lives in complete isolation from others, or
  • one lives in the company of others who are of identical minds, or
  • one rules others.

The first condition is irrelevant to the matter of social justice. The second is implausible. The third takes the point of view of a dictator, and omits the point of view of his subjects.

The implausibility of the second condition is critical to a proper understanding of liberty. Brennan says (in “Positive Liberty and Legal Guarantees“) that “[w]e often equate freedom with an absence of constraints, impediments, or interference.” In a political context (i.e., where two or more persons coexist), there are always constraints on the behavior of at least one person, even in the absence of coercion or force. Coexistence requires compromise because (I daresay) no two humans are alike in their abilities, tastes, and preferences. And compromise necessitates constraints on behavior; that is, compromise means that the parties involved do not do what they would do if they were isolated from each other or of like minds about everything.

In sum, “peaceful, willing coexistence” does not imply “an absence of constraints, impediments, or interference.” Rather, it implies that there is necessarily a degree of compromise (voluntary constraint) for the sake of “beneficially cooperative behavior.” Even happy marriages are replete with voluntary constraints on behavior, constraints that enable the partners to enjoy the blessings of union.

The specific landscape of liberty — the rights and obligations of individuals with respect to one another — depends on the size and composition of the social group in question. It is there that the question of positive vs. negative liberty (really positive vs. negative rights) takes on importance. I will tackle that question in a future post.

I would expect dL (and many others) to protest that I hold a morally relative view of what constitutes liberty. I might let that assertion bother me if morality existed as an ideal (Platonic) form, visible to superior beings like dL, but not to mere mortals like me. But morality, itself, arises from the nature of human beings as social animals, a nature that is widely (though not universally) shared across races, ethnicities, and cultures. (On this point, see my posts “Libertarianism and Morality” and “Libertarianism and Morality: A Footnote.”) Unlike dL and his or her ilk, I prefer to ground political theory in the possible, not the imaginary ideal.

It seems that dL is especially vexed by what he or she calls my “byline.” This is a slogan that appears near the title of this blog, a slogan that I change from time to time. The current slogan is “Gay ‘marriage’: a tyranny of a minuscule minority.” This, to dL, is evidence that I am a defender of a “’tradition’ is not the actual tradition”; that is, I am anxious to defend a particular status quo instead of allowing social norms to evolve, as a good Hayekian would do.

I do not see how it is unfaithful to conservatism of the Burkean-Hayekian kind to oppose gay “marriage” in the current circumstances. Put simply, we have on the one hand a long-standing social institution that pre-dates the state, and on the other hand a “movement” to redefine that institution through the use of state power: legislative, executive, and judicial. If popular opinion is swinging toward support for gay “marriage,” as has been reported, we can chalk up a good deal of the swing to the influence of state action on popular opinion, and not vice versa. Is that dL’s idea of “actual tradition”?

The “About” page at dL’s blog opens with this quotation:

Liberty is the mother, not the daughter, of order Pierre-Joseph Proudhon

This is exactly 180 degrees from what is true and feasible in the real world. It is order (of a socially agreed kind) that fosters liberty and defines its precise contours.

David Brooks, Useful Idiot for the Left

David Brooks’s latest atrocity, “The Role of Uncle Sam,” appears in The New York Times of yesterday. I quote, in relevant part:

[T]he federal [government’s] role [in the economy] has historically been sharply limited. The man who initiated that role, Alexander Hamilton, was a nationalist. His primary goal was to enhance national power and eminence, not to make individuals rich or equal….

But this Hamiltonian approach has been largely abandoned. The abandonment came in three phases. First, the progressive era. The progressives were right to increase regulations to protect workers and consumers. But the late progressives had excessive faith in the power of government planners to rationalize national life. This was antithetical to the Hamiltonian tradition, which was much more skeptical about how much we can know and much more respectful toward the complexity of the world.

Second, the New Deal. Franklin Roosevelt was right to energetically respond to the Depression. But the New Deal’s dictum — that people don’t eat in the long run; they eat every day — was eventually corrosive. Politicians since have paid less attention to long-term structures and more to how many jobs they “create” in a specific month. Americans have been corrupted by the allure of debt, sacrificing future development for the sake of present spending and tax cuts.

Third, the Great Society. Lyndon Johnson was right to use government to do more to protect Americans from the vicissitudes of capitalism. But he made a series of open-ended promises, especially on health care. He tried to bind voters to the Democratic Party with a web of middle-class subsidies.

In each case, a good impulse was taken to excess. A government that was energetic and limited was turned into one that is omnidirectional and fiscally unsustainable. A government that was trusted and oriented around long-term visions is now distrusted because it tries to pander to the voters’ every momentary desire. A government that devoted its resources toward future innovation and development now devotes its resources to health care for the middle-class elderly….

In his engrossing new book, “Our Divided Political Heart,” E.J. Dionne, my NPR pundit partner, argues that the Hamiltonian and Jacksonian traditions formed part of a balanced consensus, which has been destroyed by the radical individualists of today’s Republican Party. But that balanced governing philosophy was destroyed gradually over the 20th century, before the Tea Party was even in utero. As government excessively overreached, Republicans became excessively antigovernment.

We’re not going back to the 19th-century governing philosophy of Hamilton, Clay and Lincoln. But that tradition offers guidance. The question is not whether government is inherently good or evil, but what government does.

Brooks begins by assuming that the Hamiltonian approach to government is the correct one: An assertion that Madison and Jefferson would refute.

Beyond that, Brooks ignores the evidence of his own analysis, which is that each aggrandizement of governmental power (economic and social) — beginning with Hamilton’s nationalism — fostered subsequent expansions of governmental power. It is a combination of ratchet effects and slippery slopes. The status quo is a baseline from which retreat is nigh impossible because of vested interests; the only possible next step, therefore, is an expansion of government to serve the newest “compelling need.”

Dionne’s so-called consensus never was a consensus. Consider, for example, the relative narrowness of FDR’s and LBJ’s “mandates,” which were in fact  60-40 splits. The fact of the matter is that the rules of the political game — as they have evolved through utter disregard of the real Constitution and the wishes of large segments of the populace — simply have allowed the accretion of power in Washington, even when there has been a “consensus” to diminish that power. I am, of course, thinking of the election of presidents like Harding, Coolidge, and Reagan by margins as great as those bestowed on FDR and LBJ.

If “government excessively overreached” — as Brooks admits — how could it be that “Republicans became excessively antigovernment”? It would seem that their (largely imagined) excessiveness is necessary and proper.

Nor should the “antigovernment” label be allowed to pass without comment. There is a difference between being “antigovernment” (i.e., anarchistic) and “pro-limited-government” (i.e., Madisonian and Jeffersonian rather than Hamiltonian). The “antigovernment” label is a cynical libel routinely deployed by the forces of big government in an effort to discredit those who are bold enough to point out that the expansion of governmental power has undermined social comity and prosperity. (The most cynical of efforts to discredit the opponents of big government occurred in the aftermath of Timothy McVeigh’s atrocious act in Oklahoma City. McVeigh was an antigovernment terrorist. And so it became the theme-of-the-month among the NPR crowd that everyone who is for less government is “antigovernment” and, by extension, a kind of terrorist.)

Brooks wants a limited government, but only if it is limited to a Hamiltonian scope. But the instant that government is allowed to exceed its brief, as it was when Hamilton’s “nationalism” became the central government’s leitmotif, the proverbial genie comes out of the bottle. It can only be stuffed back into the bottle by getting government completely out of the business of trying (in any way) to help business (except to protect it from domestic and foreign predators, of course).

Markets respond quite nicely to real needs, thank you. On the other hand, powerful governments (Hamiltonian and worse) respond to the capricious and costly commands of those who govern.

Related posts:
Unintended Irony from a Few Framers
Freedom of Contract and the Rise of Judicial Tyranny
Social Security Is Unconstitutional
The Constitution in Exile
What Is the Living Constitution?
Blame It on the Commerce Clause
The Slippery Slope of Constitutional Revisionism
Substantive Due Process, Liberty of Contract, and the States’ Police Power
The Price of Government

The Real Constitution and Civil Disobedience
Columnist, Heal Thyself
The Mega-Depression
The Real Burden of Government
Toward a Risk-Free Economy
The Left
The Constitution: Original Meaning, Corruption, and Restoration
Our Miss Brooks
The Illusion of Prosperity and Stability
Society and the State
I Want My Country Back
Estimating the Rahn Curve: Or, How Government Inhibits Economic Growth
Undermining the Free Society
Intelligence, Personality, Politics, and Happiness
“Intellectuals and Society”: A Review
Does the Power to Tax Give Congress Unlimited Power?
Does Congress Have the Power to Regulate Inactivity?
Government vs. Community
The Stagnation Thesis
The Left’s Agenda
The Public-School Swindle
The Evil That Is Done with Good Intentions
The Left and Its Delusions
The Destruction of Society in the Name of “Society”
Miss Brooks’s “Grand Bargain”
More Fool He
Externalities and Statism
Taxes: Theft or Duty?
Society and the State
The Spoiled Children of Capitalism
Politics, Sophistry, and the Academy
Subsidizing the Enemies of Liberty
Estimating the Rahn Curve: A Sequel
A Nation of (Unconstitutional) Laws
Are You in the Bubble?
Lay My (Regulatory) Burden Down
Conservatives vs. “Liberals”

Memorial Day 2012

For the departed:

Where are Elmer, Herman, Bert, Tom and Charley,
The weak of will, the strong of arm, the clown, the boozer, the fighter?
All, all, are sleeping on the hill.

One passed in a fever,
One was burned in a mine,
One was killed in a brawl,
One died in a jail,
One fell from a bridge toiling for children and wife —
All, all are sleeping, sleeping, sleeping on the hill.

From The Hill, by Edgar Lee Masters (1869-1930)

Time, you old gipsy man,
Will you not stay,
Put up your caravan
Just for one day?….

Last week in Babylon,
Last night in Rome,
Morning and in the crush
Under Paul’s dome;
Under Paul’s dial
You tighten your rein —
Only a moment, and off once again;
Off to some city
Now blind in the womb,
Off to another
Ere that’s in the tomb.

From Time, You Old Gipsy Man, by Ralph Hodgson (1871-1962)

“Hopefully” Arrives

Mark Liberman of Language Log discusses

the AP Style Guide’s decision to allow the use of hopefully as a sentence adverb, announced on Twitterat 6:22 a.m. on 17 April 2012:

Hopefully, you will appreciate this style update, announced at ‪#aces2012‬. We now support the modern usage of hopefully: it’s hoped, we hope.

Ugh!

Liberman, who is a grammar anarchist (see below), defends AP’s egregious decision. His defense consists mainly of citing noted writers who have used “hopefully” where they meant “it is to be hoped.” I suppose that if those same noted writers had chosen to endanger others by driving on the wrong side of the road, Liberman would praise them for their “enlightened” approach to driving.

Liberman’s grammar anarchy is nothing new for him or for Language Log. Here are two posts that I wrote about Liberman and Language Log in March 2008:

Missing the Point

Mark Liberman of Language Log has devoted at least three posts to James J. Kilpatrick’s supposed linguistic socialism. Kilpatrick stands accused (gasp!) of trying to propound rules of English grammar. Given that Kilpatrick can’t enforce such rules, except in the case of his own writing, it seems to me that Liberman is overreacting to Kilpatrick’s dicta.

I am not surprised by Liberman’s reaction to Kilpatrick, given that Liberman seems to be a defender of gramma[r] anarchy. Liberman tries to justify his anarchistic approach to grammar by quoting from Friedrich Hayek’s Law, Legislation and Liberty, Volume 1: Rules and Order; for example:

Man … is successful not because he knows why he ought to observe the rules which he does observe, or is even capable of stating all these rules in words, but because his thinking and acting are governed by rules which have by a process of selection been evolved in the society in which he lives, and which are thus the product of the experience of generations.

All of which is true, but misinterpreted by Liberman.

First, given that Kilpatrick cannot dictate the rules of grammar, he is a mere participant in the “process of selection” which shapes those rules. In a world that valued effective communication, Kilpatrick’s views would be given more weight than those of, say, a twenty-something who injects “like, you know,” into every sentence. But whether or not Kilpatrick’s views are given more weight isn’t up to Kilpatrick. However much Kilpatrick might like to be a linguistic authoritarian, he is not one.

Second, Hayek’s observation has nothing to do with anarchy, although Liberman wants to read into the passage an endorsement of anarchy. Hayek’s real point is that rules which survive, or survive with incremental modifications, do so because they are more efficient (i.e., more effective, given a resource constraint) than rules that fall by the wayside.

Kilpatrick, and other “strict constructionists” like him, can’t dictate the course of the English language, but they can strive to make it more efficient. Certainly the thought that they give to making English a more efficient language (or forestalling its devolution toward utter inefficiency) should be praised, not scorned.

Language games can be fun, but language is much more than a game, contra Liberman’s approach to it. Language is for communicating ideas — the more efficiently, the better. But, in the three posts linked here, Liberman (strangely) has nothing to say about the efficiency of language. He seems more concerned about James J. Kilpatrick’s “linguistic socialism” than about the ability of writers and speakers to deploy a version of English that communicates ideas clearly.

Well, at least Liberman recognizes socialism as a form of authoritarianism.

More Gramma[r] Anarchy

I noted in the previous post that Mark Liberman of Language Log is a gramma[r] anarchist. Perhaps gramma[r] anarchism is a condition of blogging at Language Log. Arnold Zwicky of that blog corrects a writer who refers to the subjunctive mood as the “subjective tense.” So far, so good. But Zwicky then goes on to excuse those who insist on using

the ordinary past rather than a special counterfactual form (often called “the subjunctive” or “the past subjunctive”) for expressing conditions contrary to fact….

…There’s absolutely nothing wrong with using the special counterfactual form — I do so myself — but there’s also nothing wrong with using the ordinary past to express counterfactuality. It’s a matter of style and personal choice, and no matter which form you use, people will understand what you are trying to say.

But somehow preserving the last vestige of a special counterfactual form has become a crusade for some people. There are surely better causes.

There may be “better causes,” but Zwicky’s ceding of grammatical ground to “personal choice” leads me to doubt that he will fight for those causes.

*   *   *

Related posts:
Remedial Vocabulary Training
One Small Step for Literacy
Punctuation
Unsplit Infinitives
Data Are

More Evidence for the Rahn Curve

Incorporated in this post.

Rush to Judgment

CNN harps on an old theme (as reported at TheBlaze):

CNN Article: Republican Voters are ‘White, Aging and Dying Off,’ And the Party Could, Too

Hohum.

The GOP has been written off before — notably in the 1930s and 1940s, the early 1960s, and 1990s. But the strangest things keeps happening: New voters don’t always live down to the left’s expectations; new voters become older voters; and, most surprisingly, a lot of voters are not to be pigeon-holed as easily as leftists would like them to be.

Here is a picture of how GOP presidential candidates have fared since the Civil War: not a steady decline, but oscillation around a mean (approximately 50 percent of the two-party popular vote):

Recent history is perhaps more relevant. Here is an interesting piece of recent history that must cause the left some discomfort:

(I have included my current estimate of the pro-GOP vote in 2012. The blue shading indicates elections held during the terms of Democrat presidents.)

I do not mean to say that current trends are entirely favorable to the GOP. The following table compares the “Redness” (and “Blueness”) of States in recent presidential elections (1996-2008) with their Redness in earlier elections (1972-1988). (I go back only to 1972 because that is when the Southern States became solidly Republican, following the Wallace interlude of 1968).

The bad news (for the GOP) is that the Blue States (in 1996-2008) which are trending Red (IA, MN, OR, PA, WI) have 53 electoral votes (EVs), whereas the Red States that are trending Blue (AZ, CO, FL, NV, VA) have 68 EVs. Further, the States that have become significantly Redder (AL, AK, ID, IN, KS, KY, MN, MO, MT, NE, ND, OK, SD, TN, TX, UT, WI, WY) control 150 EVs; the States that have become significantly Bluer (CA, CT, HI, IL, ME, MD, MS, MI, NV, NH, NJ, NY, RI, VT, WA) control 199 EVs. (Here, the trend for a State is considered significant when the State’s average index of Redness for 1996-2008 varies from its average for 1972-1988 by more than one standard deviation of the State’s Redness index for the entire period, 1972-2008.)

The good news is that the Red States (in 1996-2008) have 281 EVs, as against 257 for the Blue States. If the GOP is “doomed,” it a long way from dead. It has been closer to death in the past than it is today, and yet it is now alive and well.

Only a fool says that anything (other than death and taxes) is inevitable. The death of the GOP is not among life’s inevitabilities.

Related posts:
What Happened to the Permanent Democrat Majority?
More about the Permanent Democrat Majority

Enough with the Bleeding Hearts, Already

Regular readers will know of my disdain for the “bleeding heart” variety of so-called libertarianism. I not only find bleeding-heart libertarians (BHLs) to be unnecessarily apologetic about libertarianism, but also all too willing to impose their views about “social justice” through state action. (On the latter point, see my post “Bleeding Heart Libertarians = Left-Statists,” and this from a BHL who clearly advocates state action on utilitarian grounds.)

A recent post by Aaron Ross Powell at Libertarianism.org reminds me that not all useful “libertarian” idiots are housed at the Bleeding Heart Libertarians blog. Powell’s post, “Libertarian Caring,” makes some good points; for example, Powell ends the post with this:

Liberty does not come at the exclusion of all other concerns. Rather, liberty is the best way to maximize all other concerns. Yes there are libertarians who want nothing more than “to be left alone.” But that feeling doesn’t carry with it Haidt’s implied “and screw all the rest of you.” Instead, “left alone” means freed from officious government so we can better go about making the world a happier, healthier, richer, and more caring place.

Very well said, except that earlier in the post insists that his heart is in the right place not because he is a libertarian but because he “cares”; for example:

Of course libertarians value liberty. But a great many of us, myself included, value caring very highly too. In fact, the reason I shifted from being a progressive to a libertarian was not because my moral foundations changed but because I came to realize that genuine caring means making an effort to actually help people—and that government programs intended to help have a rather poor track record.

Which means that Powell does not value liberty, or thinks of it as a secondary value. In his heart he is still a “progressive” — just one who is looking for the best way to maximize the mythical social-welfare function. Powell is right about the fruits of liberty, but it seems that if he were convinced that liberty did not have beneficial consequences he would revert to statism.

I do not care why anyone is a libertarian, just as long as he is not a left-statist in libertarian clothing.

On that point I turn to David Henderson (with whom I sometimes disagree).  Henderson makes an excellent point in the video embedded here. Free markets (i.e., libertarian institutions) foster ethical behavior because producers compete by striving to do things that benefit consumers. The same is not true of governments and NGOs.

The teaching of ethical behavior is not to be scorned. But scoundrels will always be with us, in all walks of life. There is nothing about business that attracts or breeds a disproportionate number of scoundrels. In fact, I would say that politics and bureaucracies attract and breed more than their share of scoundrels. But even if that is not the case, the scoundrels who are drawn to  “public service” are less constrained in their behavior toward others than the scoundrels who are drawn to business.

Related posts:
On Liberty
Greed, Cosmic Justice, and Social Welfare
Positive Rights and Cosmic Justice
Fascism with a “Friendly” Face
Democracy and Liberty
The Interest-Group Paradox
Parsing Political Philosophy
Is Statism Inevitable?
Inventing “Liberalism”
What Is Conservatism?
Utilitarianism, “Liberalism,” and Omniscience
Utilitarianism vs. Liberty
Fascism and the Future of America
The Indivisibility of Economic and Social Liberty
Beware of Libertarian Paternalists
Law and Liberty
Negative Rights
Negative Rights, Social Norms, and the Constitution
Rights, Liberty, the Golden Rule, and the Legitimate State
The Near-Victory of Communism
Tocqueville’s Prescience
The Mind of a Paternalist
Accountants of the Soul
Rawls Meets Bentham
Is Liberty Possible?
The Left
Line-Drawing and Liberty
The Divine Right of the Majority
Our Enemy, the State
Pseudo-Libertarian Sophistry vs. True Libertarianism
Positivism, “Natural Rights,” and Libertarianism
What Are “Natural Rights”?
The Golden Rule and the State
Libertarian Conservative or Conservative Libertarian?
Liberty, Equality, Fraternity: Part I
Bounded Liberty: A Thought Experiment
Evolution, Human Nature, and “Natural Rights”
More Pseudo-Libertarianism
More about Conservative Governance
The Meaning of Liberty
Positive Liberty vs. Liberty
On Self-Ownership and Desert
Understanding Hayek
The Golden Rule as Beneficial Learning
Facets of Liberty
Burkean Libertarianism
Rights: Source, Applicability, How Held
What Is Libertarianism?
Nature Is Unfair
True Libertarianism, One More Time
Human Nature, Liberty, and Rationalism
Utilitarianism and Psychopathy
“Occupy Wall Street” and Religion
A Declaration and Defense of My Prejudices about Governance
The Libertarian-Conservative Fusion Is Alive and Well
Libertarianism and Morality
Libertarianism and Morality: A Footnote
Merit Goods, Positive Rights, and Cosmic Justice
More about Merit Goods
What Is Bleeding-Heart Libertarianism?
The Morality of Occupying Private Property
In Defense of the 1%
Liberty, Negative Rights, and Bleeding Hearts
Conservatives vs. “Liberals”
Why Conservatism Works
The Pool of Liberty and “Me” Libertarianism
Bleeding Heart Libertarians = Left-Statists

Whose Principle Is It, Anyway?

In a recent post, I say:

[Thomas] More’s constancy to principle … stands in high relief against the practice of tailoring one’s principles to fit the data at hand — or the data that one selects to justify one’s prejudices. I have found economists to be especially prone to such tailoring. For example, too many economists justify free markets on utilitarian grounds, that is, because free markets produce more (i.e., are more efficient) than regulated markets. This happens to be true, but free markets can and should be justified mainly because they are free, that is, because they allow individuals to pursue otherwise lawful aims through voluntary, mutually beneficial exchanges of products and services. Liberty is a principle, a deep value; economic efficiency is merely a byproduct of adherence to that value.

David Henderson, an economist whose views I often share, slips into the category of unprincipled economist with this:

I watched most of the movie Paradise Road yesterday…. It’s about a large group of women who were captured in Singapore during World War II and taken prisoner by the Japanese government to the island of Sumatra. It’s quite moving.

The lead character, Adrienne Pargiter, … puts an orchestra together to sing Dvorak’s New World Symphony a capella. It’s amazingly good…. The Japanese prison guards are moved by it and, momentarily, become slightly less inhumane.

Later, one of the guards asks Pargiter if she will put together an arrangement of a Japanese folk song. She refuses and it’s clear, from her tone and body language, that this is an issue of principle for her. She hates what they have done to the women so much that she refuses to cooperate.

It seems clear from the context that some of the guards and even the prison commander are willing to trade. The Japanese soldiers have, apparently, stolen their rations, withheld quinine, and generally been nasty. But earlier in the movie a Jewish doctor in the camp … managed to get quinine by trading or making concessions….

So in refusing to conduct the Japanese song, Pargiter is giving up a chance to trade for food and/or quinine, which could save innocent people’s lives.

I don’t see this as a question of principle. Remember, they had been asked to sing a folk song, not the Japanese anthem. (Even with the Japanese anthem, I would have agreed if it had got food or quinine for some of the prisoners.)

I believe in living by strong principles. But I also believe that you should identify very clearly where there really is a principle at stake and where there isn’t.

In the circumstances, I probably would join Henderson in trading with the Japanese guards. But I do not agree with him that there is no principle at stake. The principle, which seems to elude Henderson, is that the guards deserve a rebuke (at the very least) for their inhumane treatment of the prisoners. And the only rebuke that Pargiter can deliver is to refuse the guard’s request.

Pargiter’s stance may seem quixotic, but it reflects a principle — like it or not. I would fault Pargiter’s stance only if it did not reflect a consensus among the other prisoners about (possibly) forgoing food and/or quinine in favor of a rebuke to their captors. But given the unlikelihood of obtaining much, if anything, in the way of better treatment in exchange for the performance of a Japanese folk song, I suspect that Pargiter did the right thing, even if she did it instinctively, out of anger.

Not-So-Random Thoughts (III)

Links to the other posts in this occasional series may be found at “Favorite Posts,” just below the list of topics.

Apropos Science

In the vein of “Something from Nothing?” there is this:

[Stephen] Meyer also argued [in a a recent talk at the University Club in D.C.] that biological evolutionary theory, which “attempts to explain how new forms of life evolved from simpler pre-existing forms,” faces formidable difficulties. In particular, the modern version of Darwin’s theory, neo-Darwinism, also has an information problem.

Mutations, or copying errors in the DNA, are analogous to copying errors in digital code, and they supposedly provide the grist for natural selection. But, Meyer said: “What we know from all codes and languages is that when specificity of sequence is a condition of function, random changes degrade function much faster than they come up with something new.”…

The problem is comparable to opening a big combination lock. He asked the audience to imagine a bike lock with ten dials and ten digits per dial. Such a lock would have 10 billion possibilities with only one that works. But the protein alphabet has 20 possibilities at each site, and the average protein has about 300 amino acids in sequence….

Remember: Not just any old jumble of amino acids makes a protein. Chimps typing at keyboards will have to type for a very long time before they get an error-free, meaningful sentence of 150 characters. “We have a small needle in a huge haystack.” Neo-Darwinism has not solved this problem, Meyer said. “There’s a mathematical rigor to this which has not been a part of the so-called evolution-creation debate.”…

“[L]eading U.S. biologists, including evolutionary biologists, are saying we need a new theory of evolution,” Meyer said. Many increasingly criticize Darwinism, even if they don’t accept design. One is the cell biologist James Shapiro of the University of Chicago. His new book is Evolution: A View From the 21st Century. He’s “looking for a new evolutionary theory.” David Depew (Iowa) and Bruce Weber (Cal State) recently wrote in Biological Theory that Darwinism “can no longer serve as a general framework for evolutionary theory.” Such criticisms have mounted in the technical literature. (Tom Bethell, “Intelligent Design at the University Club,” American Spectator, May 2012)

And this:

[I]t is startling to realize that the entire brief for demoting human beings, and organisms in general, to meaningless scraps of molecular machinery — a demotion that fuels the long-running science-religion wars and that, as “shocking” revelation, supposedly stands on a par with Copernicus’s heliocentric proposal — rests on the vague conjunction of two scarcely creditable concepts: the randomness of mutations and the fitness of organisms. And, strangely, this shocking revelation has been sold to us in the context of a descriptive biological literature that, from the molecular level on up, remains almost nothing buta documentation of the meaningfully organized, goal-directed stories of living creatures.

Here, then, is what the advocates of evolutionary mindlessness and meaninglessness would have us overlook. We must overlook, first of all, the fact that organisms are masterful participants in, and revisers of, their own genomes, taking a leading position in the most intricate, subtle, and intentional genomic “dance” one could possibly imagine. And then we must overlook the way the organism responds intelligently, and in accord with its own purposes, to whatever it encounters in its environment, including the environment of its own body, and including what we may prefer to view as “accidents.” Then, too, we are asked to ignore not only the living, reproducing creatures whose intensely directed lives provide the only basis we have ever known for the dynamic processes of evolution, but also all the meaning of the larger environment in which these creatures participate — an environment compounded of all the infinitely complex ecological interactions that play out in significant balances, imbalances, competition, cooperation, symbioses, and all the rest, yielding the marvelously varied and interwoven living communities we find in savannah and rainforest, desert and meadow, stream and ocean, mountain and valley. And then, finally, we must be sure to pay no heed to the fact that the fitness, against which we have assumed our notion of randomness could be defined, is one of the most obscure, ill-formed concepts in all of science.

Overlooking all this, we are supposed to see — somewhere — blind, mindless, random, purposeless automatisms at the ultimate explanatory root of all genetic variation leading to evolutionary change. (Stephen L. Talbott, “Evolution and the Illusion of Randomness,” The New Atlantis, Fall 2011)

My point is not to suggest that that the writers are correct in their conjectures. Rather, the force of their conjectures shows that supposedly “settled” science is (a) always far from settled (on big questions, at least) and (b) necessarily incomplete because it can never reach ultimate truths.

Trayvon, George, and Barack

Recent revelations about the case of Trayvon Martin and George Zimmerman suggest the following:

  • Martin was acting suspiciously and smelled of marijuana.
  • Zimmerman was rightly concerned about Martin’s behavior, given the history of break-ins in Zimmerman’s neighborhood.
  • Martin attacked Zimmerman, had him on the ground, was punching his face, and had broken his nose.
  • Zimmerman shot Martin in self-defense.

Whether the encounter was “ultimately avoidable,” as a police report asserts, is beside the point.  Zimmerman acted in self-defense, and the case against him should be dismissed. The special prosecutor should be admonished by the court for having succumbed to media and mob pressure in bringing a charge of second-degree murder against Zimmerman.

What we have here is the same old story: Black “victim”–>media frenzy to blame whites (or a “white Hispanic”), without benefit of all relevant facts–>facts exonerate whites. To paraphrase Shakespeare: The first thing we should do after the revolution is kill all the pundits (along with the lawyers).

Obama famously said, “”If I had a son, he would look like Trayvon.” Given the thuggish similarity between Trayvon and Obama (small sample here), it is more accurate to say that if Obama had a son, he would be like Trayvon.

Creepy People

Exhibit A is Richard Thaler, a self-proclaimed libertarian who is nothing of the kind. Thaler defends the individual mandate that is at the heart of Obamacare (by implication, at least), when he attacks the “slippery slope” argument against it. Annon Simon nails Thaler:

Richard Thaler’s NYT piece from a few days ago, Slippery-Slope Logic, Applied to Health Care, takes conservatives to task for relying on a “slippery slope” fallacy to argue that Obamacare’s individual mandate should be invalidated. Thaler believes that the hypothetical broccoli mandate — used by opponents of Obamacare to show that upholding the mandate would require the Court to acknowledge congressional authority to do all sorts of other things — would never be adopted by Congress or upheld by a federal court. This simplistic view of the Obamacare litigation obscures legitimate concerns over the amount of power that the Obama administration is claiming for the federal government. It also ignores the way creative judges can use previous cases as building blocks to justify outcomes that were perhaps unimaginable when those building blocks were initially formed….

[N]ot all slippery-slope claims are fallacious. The Supreme Court’s decisions are often informed by precedent, and, as every law student learned when studying the Court’s privacy cases, a decision today could be used by a judge ten years from now to justify outcomes no one had in mind.

In 1965, the Supreme Court in Griswold v. Connecticut, referencing penumbras and emanations, recognized a right to privacy in marriage that mandated striking down an anti-contraception law.

Seven years later, in Eisenstadt v. Baird, this right expanded to individual privacy, because after all, a marriage is made of individuals, and “[i]f the right of privacy means anything, it is the right of the individual . . . to be free from unwarranted governmental intrusion into matters so fundamentally affecting a person as the decision whether to bear or beget a child.”

By 1973 in Roe v. Wade, this precedent, which had started out as a right recognized in marriage, had mutated into a right to abortion that no one could really trace to any specific textual provision in the Constitution. Slippery slope anyone?

This also happened in Lawrence v. Texas in 2003, where the Supreme Court struck down an anti-sodomy law. The Court explained that the case did not involve gay marriage, and Justice O’Connor’s concurrence went further, distinguishing gay marriage from the case at hand. Despite those pronouncements, later decisions enshrining gay marriage as a constitutionally protected right have relied upon Lawrence. For instance, Goodridge v. Department of Public Health (Mass. 2003) cited Lawrence 9 times, Varnum v. Brien (Iowa 2009) cited Lawrence 4 times, and Perry v. Brown (N.D. Cal, 2010) cited Lawrence 9 times.

However the Court ultimately rules, there is no question that this case will serve as a major inflection point in our nation’s debate about the size and scope of the federal government. I hope it serves to clarify the limits on congressional power, and not as another stepping stone on the path away from limited, constitutional government. (“The Supreme Court’s Slippery Slope,” National Review Online, May 17, 2012)

Simon could have mentioned Wickard v. Filburn (1942), in which the Supreme Court brought purely private, intrastate activity within the reach of Congress’s power to regulate interstate commerce. The downward slope from Wickard v. Filburn to today’s intrusive regulatory regime has been been not merely slippery but precipitous.

Then there is Brian Leiter, some of whose statist musings I have addressed in the past. It seems that Leiter has taken to defending the idiotic Elizabeth Warren for her convenient adoption of a Native American identity. Todd Zywicki tears a new one for Leiter:

I was out of town most of last week and I wasn’t planning on blogging any more on the increasingly bizarre saga of Elizabeth Warren’s claim to Native American ancestry, which as of the current moment appears to be entirely unsubstantiated.  But I was surprised to see Brian Leiter’s post doubling-down in his defense of Warren–and calling me a “Stalinist” to boot (although I confess it is not clear why or how he is using that term).  So I hope you will indulge me while I respond.

First, let me say again what I expressed at the outset–I have known from highly-credible sources for a decade that in the past Warren identified herself as a Native American in order to put herself in a position to benefit from hiring preferences (I am certain that Brian knows this now too).  She was quite outspoken about it at times in the past and, as her current defenses have suggested, she believed that she was entitled to claim it.  So there would have been no reason for her to not identify as such and in fact she was apparently quite unapologetic about it at the time….

Second, Brian seems to believe for some reason that the issue here is whether Warren actually benefited from a hiring preference.  Of course it is not (as my post makes eminently clear).  The issue I raised is whether Warren made assertions as part of the law school hiring process in order to put herself in a position to benefit from a hiring preference for which she had no foundation….

Third, regardless of why she did it, Warren herself actually had no verifiable basis for her self-identification as Native American.  At the very least her initial claim was grossly reckless and with no objective foundation–it appears that she herself has never had any foundation for the claim beyond “family lore” and her “high cheekbones.”… Now it turns out that the New England Historical Genealogical Society, which had been the source for the widely-reported claim that she might be 1/32 Cherokee, has rescinded its earlier conclusion and now says “We have no proof that Elizabeth Warren’s great great great grandmother O.C. Sarah Smith either is or is not of Cherokee descent.”  The story adds, “Their announcement came in the wake of an official report from an Oklahoma county clerk that said a document purporting to prove Warren’s Cherokee roots — her great great great grandmother’s marriage license application — does not exist.”  A Cherokee genealogist has similarly stated that she can find no evidence to support Warren’s claim.  At this point her claim appears to be entirely unsupported as an objective matter and it appears that she herself had no basis for it originally.

Fourth, Brian’s post also states the obvious–that there is plenty of bad blood between Elizabeth and myself.  But, of course, the only reason that this issue is interesting and relevant today is because Warren is running for the U.S. Senate and is the most prominent law professor in America at this moment.

So, I guess I’ll conclude by asking the obvious question: if a very prominent conservative law professor (say, for example, John Yoo) had misrepresented himself throughout his professorial career in the manner that Elizabeth Warren has would Brian still consider it to be “the non-issue du jour“?  Really?

I’m not sure what a “Stalinist” is.  But I would think that ignoring a prominent person’s misdeeds just because you like her politics, and attacking the messenger instead, just might fit the bill. (“New England Genealogical Historical Society Rescinds Conclusion that Elizabeth Warren Might Be Cherokee,” The Volokh Conspiracy, May 17, 2012)

For another insight into Leiter’s character, read this and weep not for him.

Tea Party Sell-Outs

Business as usual in Washington:

This week the Club for Growth released a study of votes cast in 2011 by the 87 Republicans elected to the House in November 2010. The Club found that “In many cases, the rhetoric of the so-called “Tea Party” freshmen simply didn’t match their records.” Particularly disconcerting is the fact that so many GOP newcomers cast votes against spending cuts.

The study comes on the heels of three telling votes taken last week in the House that should have been slam-dunks for members who possess the slightest regard for limited government and free markets. Alas, only 26 of the 87 members of the “Tea Party class” voted to defund both the Economic Development Administration and the president’s new Advanced Manufacturing Technology Consortia program (see my previous discussion of these votes here) and against reauthorizing the Export-Import Bank (see my colleague Sallie James’s excoriation of that vote here).

I assembled the following table, which shows how each of the 87 freshman voted. The 26 who voted for liberty in all three cases are highlighted. Only 49 percent voted to defund the EDA. Only 56 percent voted to defund a new corporate welfare program requested by the Obama administration. And only a dismal 44 percent voted against reauthorizing “Boeing’s bank.” That’s pathetic. (Tad DeHaven, “Freshman Republicans Switch from Tea to Kool-Aid,” Cato@Liberty, May 17, 2012)

Lesson: Never trust a politician who seeks a position of power, unless that person earns trust by divesting the position of power.

PCness

Just a few of the recent outbreaks of PCness that enraged me:

Michigan Mayor Calls Pro-Lifers ‘Forces of Darkness’” (reported by LifeNews.com on May 11, 2012)

US Class Suspended for Its View on Islam” (reported by CourierMail.com.au, May 11, 2012)

House Democrats Politicize Trayvon Martin” (posted at Powerline, May 8, 2012)

Chronicle of Higher Education Fires Blogger for Questioning Seriousness of Black Studies Depts.” (posted at Reason.com/hit & run, May 8, 2012)

Technocracy, Externalities, and Statism

From a review of Robert Frank’s The Darwin Economy:

In many ways, economics is the discipline best suited to the technocratic mindset. This has nothing to do with its traditional subject matter. It is not about debating how to produce goods and services or how to distribute them. Instead, it relates to how economics has emerged as an approach that distances itself from democratic politics and provides little room for human agency.

Anyone who has done a high-school course in economics is likely to have learned the basics of its technocratic approach from the start. Students have long been taught that economics is a ‘positive science’ – one based on facts rather than values. Politicians are entitled to their preferences, so the argument went, but economists are supposed to give them impartial advice based on an objective examination of the facts.

More recently this approach has been taken even further. The supposedly objective role of the technocrat-economist has become supreme, while the role of politics has been sidelined….

The starting point of The Darwin Economy is what economists call the collective action problem: the divergence between individual and collective interests. A simple example is a fishermen fishing in a lake. For each individual, it might be rational to catch as many fish as possible, but if all fishermen follow the same path the lake will eventually be empty. It is therefore deemed necessary to find ways to negotiate this tension between individual and group interests.

Those who have followed the discussion of behavioural economics will recognise that this is an alternative way of viewing humans as irrational. Behavioural economists focus on individuals behaving in supposedly irrational ways. For example, they argue that people often do not invest enough to secure themselves a reasonable pension. For Frank, in contrast, individuals may behave rationally but the net result of group behaviour can still be irrational….

…From Frank’s premises, any activity considered harmful by experts could be deemed illegitimate and subjected to punitive measures….

…[I]t is … wrong to assume that there is no more scope for economic growth to be beneficial. Even in the West, there is a long way to go before scarcity is limited. This is not just a question of individuals having as many consumer goods as they desire – although that has a role. It also means having the resources to provide as many airports, art galleries, hospitals, power stations, roads, schools, universities and other facilities as are needed. There is still ample scope for absolute improvements in living standards…. (Daniel Ben-ami, “Delving into the Mind of the Technocrat,” The Spiked Review of Books, February 2012)

There is much to disagree with in the review, but the quoted material is right on. It leads me to quote myself:

…[L]ife is full of externalities — positive and negative. They often emanate from the same event, and cannot be separated. State action that attempts to undo negative externalities usually results in the negation or curtailment of positive ones. In terms of the preceding example, state action often is aimed at forcing the attractive woman to be less attractive, thus depriving quietly appreciative men of a positive externality, rather than penalizing the crude man if his actions cross the line from mere rudeness to assault.

The main argument against externalities is that they somehow result in something other than a “social optimum.” This argument is pure, economistic hokum. It rests on the unsupportable belief in a social-welfare function, which requires the balancing (by an omniscient being, I suppose) of the happiness and unhappiness that results from every action that affects another person, either directly or indirectly….

A believer in externalities might respond by saying that they are of “economic” importance only as they are imposed on bystanders as a spillover from economic transactions, as in the case of emissions from a power plant that can cause lung damage in susceptible persons. Such a reply is of a kind that only an omniscient being could make with impunity. What privileges an economistic thinker to say that the line of demarcation between relevant and irrelevant acts should be drawn in a certain place? The authors of campus speech codes evidently prefer to draw the line in such a way as to penalize the behavior of the crude man in the above example. Who is the economistic thinker to say that the authors of campus speech codes have it wrong? And who is the legalistic thinker to say that speech should be regulated by deferring to the “feelings” that it arouses in persons who may hear or read it?

Despite the intricacies that I have sketched, negative externalities are singled out for attention and rectification, to the detriment of social and economic intercourse. Remove the negative externalities of electric-power generation and you make more costly (and even inaccessible) a (perhaps the) key factor in America’s economic growth in the past century. Try to limit the supposed negative externality of human activity known as “greenhouse gases” and you limit the ability of humans to cope with that externality (if it exists) through invention, innovation, and entrepreneurship. Limit the supposed negative externality of “offensive” speech and you quickly limit the range of ideas that may be expressed in political discourse. Limit the supposed externalities of suburban sprawl and you, in effect, sentence people to suffer the crime, filth, crowding, contentiousness, heat-island effects, and other externalities of urban living.

The real problem is not externalities but economistic and legalistic reactions to them….

The main result of rationalistic thinking — because it yields vote-worthy slogans and empty promises to fix this and that “problem” — is the aggrandizement of the state, to the detriment of civil society.

The fundamental error of rationalists is to believe that “problems” call for collective action, and to identify collective action with state action. They lack the insight and imagination to understand that the social beings whose voluntary, cooperative efforts are responsible for mankind’s vast material progress are perfectly capable of adapting to and solving “problems,” and that the intrusions of the state simply complicate matters, when not making them worse. True collective action is found in voluntary social and economic intercourse, the complex, information-rich content of which rationalists cannot fathom. They are as useless as a blind man who is shouting directions to an Indy 500 driver….

Theodore Dalrymple

If you do not know of Theodore Dalrymple, you should. His book, In Praise of Prejudice: The Necessity of Preconceived Ideas, inspired  “On Liberty,” the first post at this blog. Without further ado, I commend these recent items by and about Dalrymple:

Rotting from the Head Down” (an article by Dalrymple about the social collapse of Britain, City Journal, March 8, 2012)

Symposium: Why Do Progressives Love Criminals?” (Dalrymple and others, FrontPageMag.com, March 9, 2012)

Doctors Should Not Vote for Industrial Action,” a strike, in American parlance (a post by Dalrymple, The Social Affairs Unit, March 22, 2012)

The third item ends with this:

The fact is that there has never been, is never, and never will be any industrial action over the manifold failures of the public service to provide what it is supposed to provide. Whoever heard of teachers going on strike because a fifth of our children emerge from 11 years of compulsory education unable to read fluently, despite large increases in expenditure on education?

If the doctors vote for industrial action, they will enter a downward spiral of public mistrust of their motives. They should think twice before doing so.

Amen.

The Higher-Eduction Bubble

The title of a post at The Right Coast tells the tale: “Under 25 College Educated More Unemployed than Non-college Educated for First Time.” As I wrote here,

When I entered college [in 1958], I was among the 28 percent of high-school graduates then attending college. It was evident to me that about half of my college classmates didn’t belong in an institution of higher learning. Despite that, the college-enrollment rate among high-school graduates has since doubled.

(Also see this.)

American taxpayers should be up in arms over the subsidization of an industry that wastes their money on the useless education of masses of indeducable persons. Then there is the fact that taxpayers are forced to subsidize the enemies of liberty who populate university faculties.

The news about unemployment among college grads may hasten the bursting of the higher-ed bubble. It cannot happen too soon.

Something from Nothing?

I do not know if Lawrence Krauss typifies scientists in his logical obtuseness, but he certainly exemplifies the breed of so-called scientists who proclaim atheism as a scientific necessity.  According to a review by David Albert of Krauss’s recent book, A Universe from Nothing,

the laws of quantum mechanics have in them the makings of a thoroughly scientific and adamantly secular explanation of why there is something rather than nothing.

Albert’s review, which I have quoted extensively elsewhere, comports with Edward Feser’s analysis:

The bulk of the book is devoted to exploring how the energy present in otherwise empty space, together with the laws of physics, might have given rise to the universe as it exists today. This is at first treated as if it were highly relevant to the question of how the universe might have come from nothing—until Krauss acknowledges toward the end of the book that energy, space, and the laws of physics don’t really count as “nothing” after all. Then it is proposed that the laws of physics alone might do the trick—though these too, as he implicitly allows, don’t really count as “nothing” either.

Bill Vallicella puts it this way:

[N]o one can have any objection to a replacement of the old Leibniz question — Why is there something rather than nothing? … — with a physically tractable question, a question of interest to cosmologists and one amenable to a  physics solution. Unfortunately, in the paragraph above, Krauss provides two different replacement questions while stating, absurdly, that the second is a more succinct version of the first:

K1. How can a physical universe arise from an initial condition in which there are no particles, no space and perhaps no time?

K2. Why is there ‘stuff’ instead of empty space?

These are obviously distinct questions.  To answer the first one would have to provide an account of how the universe originated from nothing physical: no particles, no space, and “perhaps” no time.  The second question would be easier to answer because it presupposes the existence of space and does not demand that empty space be itself explained.

Clearly, the questions are distinct.  But Krauss conflates them. Indeed, he waffles between them, reverting to something like the first question after raising the second.  To ask why there is something physical as opposed to nothing physical is quite different from asking why there is physical “stuff” as opposed to empty space.

Several years ago, I explained the futility of attempting to decide the fundamental question of creation and its cause on scientific grounds:

Consider these three categories of knowledge (which long pre-date their use by Secretary of Defense Donald Rumsfeld): known knowns, know unknowns, and unknown unknowns. Here’s how that trichotomy might be applied to a specific aspect of scientific knowledge, namely, Earth’s rotation about the Sun:

1. Known knowns — Earth rotates about the Sun, in accordance with Einstein’s theory of general relativity.

2. Known unknowns — Earth, Sun, and the space between them comprise myriad quantum phenomena (e.g., matter and its interactions of matter in, on, and above the Earth and Sun; the transmission of light from Sun to Earth). We don’t know whether and how quantum phenomena influence Earth’s rotation about the Sun; that is, whether Einsteinian gravity is a partial explanation of a more complete theory of gravity that has been dubbed quantum gravity.

3. Unknown unknowns — Other things might influence Earth’s rotation about the Sun, but we don’t know what those other things are, if there are any.

For the sake of argument, suppose that scientists were as certain about the origin of the universe in the Big Bang as they are about the fact of Earth’s rotation about the Sun. Then, I would write:

1. Known knowns — The universe was created in the Big Bang, and the universe — in the large — has since been “unfolding” in accordance with Einsteinian relativity.

2. Known unknowns — The Big Bang can be thought of as a meta-quantum event, but we don’t know if that event was a manifestation of quantum gravity. (Nor do we know how quantum gravity might be implicated in the subsequent unfolding of the universe.)

3. Unknown unknowns — Other things might have caused the Big Bang, but we don’t know if there were such things or what those other things were — or are.

Thus — to a scientist qua scientist — God and Creation are unknown unknowns because, as unfalsifiable hypotheses, they lie outside the scope of scientific inquiry. Any scientist who pronounces, one way or the other, on the existence of God and the reality of Creation has — for the moment, at least — ceased to be scientist.

Which is not to say that the question of creation is immune to logical analysis; thus:

To say that the world as we know it is the product of chance — and that it may exist only because it is one of vastly many different (but unobservable) worlds resulting from chance — is merely to state a theoretical possibility. Further, it is a possibility that is beyond empirical proof or disproof; it is on a par with science fiction, not with science.

If the world as we know it — our universe — is not the product of chance, what is it? A reasonable answer is found in another post of mine, “Existence and Creation.” Here is the succinct version:

  1. In the material universe, cause precedes effect.
  2. Accordingly, the material universe cannot be self-made. It must have a “starting point,” but the “starting point” cannot be in or of the material universe.
  3. The existence of the universe therefore implies a separate, uncaused cause.

There is no reasonable basis — and certainly no empirical one — on which to prefer atheism to deism or theism. Strident atheists merely practice a “religion” of their own. They have neither logic nor science nor evidence on their side — and eons of belief against them.

Another blogger once said this about the final sentence of that quotation, which I lifted from another post of mine:

I would have to disagree with the last sentence. The problem is epistemology — how do we know what we know? Atheists, especially ‘scientistic’ atheists, take the position that the modern scientific methodology of observation, measurement, and extrapolation from observation and measurement, is sufficient to detect anything that Really Exists — and that the burden of proof is on those who propose that something Really Exists that cannot be reliably observed and measured; which is of course impossible within that mental framework. They have plenty of logic and science on their side, and their ‘evidence’ is the commonly-accepted maxim that it is impossible to prove a negative.

I agree that the problem of drawing conclusions about creation from science (as opposed to logic) is epistemological. The truth and nature of creation is an “unknown unknown” or, more accurately, an “unknowable unknown.” With regard to such questions, scientists do not have logic and science on their side when they asset that the existence of the universe is possible without a creator, as a matter of science (as Krauss does, for example). Moreover, it is scientists who are trying to prove a negative: that there is neither a creator nor the logical necessity of one.

“Something from nothing” is possible, but only if there is a creator who is not part of the “something” that is the proper subject of scientific exploration and explanation.

Related posts:
Atheism, Religion, and Science
The Limits of Science
Three Perspectives on Life: A Parable
Beware of Irrational Atheism
The Creation Model
The Thing about Science
Evolution and Religion
Words of Caution for Scientific Dogmatists
Science, Evolution, Religion, and Liberty
The Legality of Teaching Intelligent Design
Science, Logic, and God
Capitalism, Liberty, and Christianity
Is “Nothing” Possible?
Debunking “Scientific Objectivity”
Science’s Anti-Scientific Bent
Science, Axioms, and Economics
The Big Bang and Atheism
The Universe . . . Four Possibilities
Einstein, Science, and God
Atheism, Religion, and Science Redux
Pascal’s Wager, Morality, and the State
Evolution as God?
The Greatest Mystery
What Is Truth?
The Improbability of Us
A Digression about Probability and Existence
More about Probability and Existence
Existence and Creation
Probability, Existence, and Creation
The Atheism of the Gaps