The Bern and I

There are two big differences between Bernie Sanders and me.

First, I’m not a socialist. Quite the opposite. To quote Marie what’s-her-name, “Let them eat pizza.”

Second, I’m a crosspatch — just like Bernie — but a cheerful one. I would have called this blog The Cheerful Curmudgeon, but that’s an overused title.

How cheerful am I? Well, it makes my day when I see a flattened squirrel on the road.

To give you an idea of my curmudgeonliness, I was tempted to write “flattened bicyclist” instead of “flattened squirrel.”

That’s enough idle chit-chat for now. I’ll return tomorrow with a post-mortem of the presidential candidates who were flattened in Iowa tonight.

Politics & Prosperity in Print

I am drawing on my best posts (see “A Summing Up“) to produce a series called Dispatches from the Fifth Circle. The first volume — Leftism, Political Correctness, and Other Lunacies — is available at Amazon.com.

I’m working on the second volume — Impossible Dreams, Utopian Schemes — and hope to publish six more after that one.

The Madness Continues

I just learned about this while watching the news on TV:

Uber and Lyft are being sued in several jurisdictions for allegedly denying service to passengers with wheelchairs and guide dogs. Not only that, but the U.S. Justice Department recently intervened in a case brought by blind plaintiffs, urging that the discrimination accusations be taken seriously. And not only that, but Uber told The Daily Beast that drivers accused of discrimination are usually suspended or fired. Lyft has a similar policy.

Why in the hell are handicapped persons — egged on by wheelchair-chasing lawyers, DOJ, and the usual whining meddlers — complaining about Uber and Lyft? And why are Uber and Lyft apologizing?

Uber and Lyft are providing services that weren’t previously available. They’re not denying the handicapped services to which the handicapped previously had access. They’re certainly not denying services that they have a contractual or moral responsibility to provide.

If anything, the availability of Uber and Lyft means that the handicapped have greater access to the sources of transportation on which they previously relied because many non-handicapped persons have switched to Uber and Lyft. Handicapped persons should be thankful to Uber and Lyft instead of whining about them.

Further, as the article notes, Uber and Lyft are technology companies — they match drivers and passengers — they’re not public carriers. It’s not their responsibility to provide transportation for the handicapped. Nor should it be the responsibility of Uber and Lyft drivers to do so. They may choose to do so, but that should be their call; they shouldn’t be compelled by yet another regulatory, statutory, or judicial mandate.

This is what happens when leftists, lawyers, and government agencies are free to meddle in the marketplace: They screw things up, just because they can.

Signature

Not-So-Random Thoughts (XVI)


Links to the other posts in this occasional series may be found at “Favorite Posts,” just below the list of topics. This is an especially long entry in the series, so I’ve labeled each item. You can navigate directly to items by clicking on any of the following links:

“Libertarian” Paternalism

Drug Prohibition

Unconstitutionality of Social Security and Medicare

Où est Charlie Hebdo?

Speaking of Censorship

Censorship-Plus

The Disparate Impact of Government

Putting the Civil War in Perspective

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“Libertarian” Paternalism

Timothy Taylor asks “Who Will Nudge the Nudgers?” in a post about a paper by W. Kip Viscusi and Ted Gayer:

Viscusi and Gayer point out a number of reasons why less-than-rational behavioral responses may be more prevalent among government decision-makers than for economic actors in the private economy. Here are some examples: 1) Private actors (like consumers and firms) need to bear the immediate costs of their decisions in a direct way, while elected officials and regulators do not. 2) Public policies are often influenced by the loud voice of concentrated special interests, who can overwhelm the quieter and more diffuse voices for the general interest. 3) Market actions evolve from an interaction of many buyers and sellers, and the checks and balances that such a process provides, but government actions can evolve from a much smaller number of potentially overconfident technocrats, who have a personal and career interest in pushing their own agendas. [The Conversible Economist, July 21, 2015]

There’s much more. Read it, then see my post, “The Perpetual Nudger.” I point out that “nudgers” (e.g., Richard Thaler) are really wannabe dictators:

What seems to bother Thaler is that most people aren’t Econs [hyper-rational calculators]; their tastes and preferences seem irrational to him, and it’s his (self-appointed) role in life to force them to make “correct” decisions (i.e., the decisions he would make).

There’s much more in the many posts to which I link at the end of “The Perpetual Nudger.”

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Drug Prohibition

The estimable Theodore Dalrymple strikes again:

[I]t is not true that problems with drugs arise only when or because they are prohibited.

The relationship between crime and drug prohibition is also much more complex than the legalizers would have us believe. It is certainly true that gangs quickly form that try to control drug distribution in certain areas, and that conflict between the aspirant gangs leads to violence…. But here I would point out two things: first that the violence of such criminal gangs was largely confined to the subculture from which they emerged, so that other people were not much endangered by it; and second that, in my dealings with such people, I did not form the impression that, were it not for the illegality of drugs, they would otherwise be pursuing perfectly respectable careers. If my impression is correct, then the illegality of drugs might protect the rest of society from their criminality: the illegal drug trade being the occasion, but not the cause, of their violence.

What about Prohibition, is the natural reply? It is true that the homicide rate in the United States fell dramatically in the wake of repeal. By the 1960s, however, when alcohol was not banned, it had climbed higher than during Prohibition…. Moreover, what is less often appreciated, the homicide rate in the United States rose faster in the thirteen years before than in the thirteen years during Prohibition. (In other respects, Prohibition was not as much of a failure as is often suggested: alcohol-related problems such as liver disease declined during it considerably. But no consequences by themselves can justify a policy, otherwise the amputation of thieves’ hands would be universal.) Al Capone was not a fine upstanding citizen before Prohibition turned him into a gangster. [“Ditching Drug Prohibition: A Dissent,” Library of Law and Liberty, July 23, 2015, and the second in a series; see also “The Simple Truth about J.S. Mill’s Simple Truth,” op. cit., July 20, 2015; “Myths and Realities of Drug Addiction, Consumption, and Crime,” op. cit., July 31, 2015; and “Closing Argument on the Drug Issue,” op. cit., August 4, 2015]

This reminds me of my post, “Prohibition, Abortion, and ‘Progressivism’,” in which I wrote about the Ken Burns series, Prohibition. Here’s some of it:

Although eugenics is not mentioned in Prohibition, it looms in the background. For eugenics — like prohibition of alcohol and, later, the near-prohibition of smoking — is symptomatic of the “progressive” mentality. That mentality is paternalistic, through and through. And “progressive” paternalism finds its way into the daily lives of Americans through the regulation of products and services — for our own good, of course. If you can think of a product or service that you use (or would like to use) that is not shaped by paternalistic regulation or taxes levied with regulatory intent, you must live in a cave.

However, the passing acknowledgement of “progressivism” as a force for the prohibition of alcohol is outweighed by the attention given to the role of “evangelicals” in the enactment of prohibition. I take this as a subtle swipe at anti-abortion stance of fundamentalist Protestants and adherents of the “traditional” strands of Catholicism and Judaism. Here is the “logic” of this implied attack on pro-lifers: Governmental interference in a personal choice is wrong with respect to the consumption of alcohol and similarly wrong with respect to abortion.

By that “logic,” it is wrong for government to interfere in or prosecute robbery, assault, rape, murder and other overtly harmful acts, which — after all — are merely the consequences of personal choices made by their perpetrators. Not even a “progressive” would claim that robbery, assault, etc., should go unpunished, though he would quail at effective punishment.

“Progressives” just don’t know where to draw lines. (Witness the many phantom red lines that Obama has drawn for Syria and  Iran.) It’s centuries too late to prohibit the consumption of alcohol (not that I’d wish it had happened); it’s still not too late to prohibit the consumption of hard, death-dealing drugs. If those drugs are legalized, it won’t be long before taxpayers are forced to pay for the drug habits of a growing population of drug abusers. That’s the “progressive” way.

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Unconstitutionality of Social Security and Medicare

Mike Rappaport makes the case, and concludes with this:

Now that we have had Social Security and Medicare for generations and people have relied upon them, I don’t think that the original meaning can be enforced to hold them unconstitutional.  Precedent should allow them to continue.  But it is worth remembering that these programs would have never taken their pernicious form if the Constitution’s original meaning had been followed in the first place. [“The Unconstitutionality of Social Security and Medicare,” Library of Law and Liberty, July 23, 2015]

This comes as no surprise to me. Here’s a bit from a recent post, “Does the Power to Tax Give Congress Unlimited Power? (II),” which refers to a much older one:

[T]he power to tax is not unlimited. Taxes levied by the central government must be levied for the purpose of executing powers specifically enumerated in Article I, Section 8 of the Constitution. Nevertheless, the majority NFIB v. Sebelius chose not only to distort the individual mandate — which is clearly a penalty, not a tax — but also to willfully disregard the Constitution’s expressed limitations on the powers of Congress. Even if the individual mandate were a tax, Congress cannot constitutionally levy such a tax because the Affordable Care Act isn’t contemplated in its enumerated powers. (ACA derives its supposedly constitutional status from the Court’s decision in 1935 to declare the Social Security Act constitutional, even though it isn’t. See my post of October 31, 2004, “Social Security Is Unconstitutional.”)

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Où est Charlie Hebdo?

As dead (in spirit) as the 12 who were murdered in January. Mark Steyn writes:

I mentioned a few days ago the announcement by Charlie Hebdo that they are no longer in the business of Mohammed cartoons:

So another non-senseless act has paid off bigtime for the Islamic enforcers. I regret the decision, although I understand it.

Which I do. Almost everyone who mattered at Charlie Hebdo is dead. What did they die for? A hashtag and a candlelight vigil? None of those who seized eagerly on #JeSuisCharlie as the cause du jour, from Angela Merkel and François Hollande to George Clooney and Helen Mirren to thousands in the streets of Paris and millions across the Internet, were willing to do the one thing that would have mattered, and show the reason why they died. Which is why such sterling champions of free speech as PLO leader Mahmoud Abbas and Sultan Erdogan’s vizier Ahmet Davutoglu were happy to march in the big post-slaughter parade. Do you think they’d have been there if any of the dead’s multitudes of new “friends” were waving Charlie magazine covers?…

And so, after a similar but fortunately less bloody attack in Texas [link added], virtually the entire American media decided to blame the victim and took it as read that Islam now has an opt-out from the First Amendment. You can’t fence off Islam and contain the damage to freedom of speech: the decision to surrender it incrementally leads inevitably to its total loss. On the day of his murder, I quoted the words of Stéphane “Charb” Charbonnier, Laurent Sourisseau’s predecessor as Charlie editor, from two years earlier:

It may seem pompous, but I’d rather die standing than live on my knees.

It’s not pompous, but it is lonely. And the slippery, weaselly nature of the post-bloodbath support told Charlie Hebdo it was only going to get lonelier. It’s hard standing on your feet when everyone else with the #JeSuisCharlie buttons is on their knees, bottoms in the air, prostrate before the fanatics. And so Charb’s successor has opted to live on his knees. [“The Knees Have It,” SteynOnline, July 22, 2015]

Color me unsurprised. In the aftermath of the slaughter in January, I wrote “Sober Reflections on ‘Charlie Hebdo’.” Here’s some of it:

[Charlie Hebdo is] a stridently left-wing rag that mocks religion (of all kinds), and anything else deemed too “respectable” for the adolescent tastes of its staff.

What’s most striking about the “Je suis Charlie” movement is its pure hypocrisy….

Yes, the left gets up in arms when some of its members are slaughtered by Muslim pigs (I love that phrase). But this is the same, hypocritical left that condones and promotes censorship….

The slaughter at Charlie Hebdo is not a reason for solidarity with the left, but a reason to oppose the left and its clients — especially (but not exclusively) the murderous adherents of Islam.

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Speaking of Censorship

Erick Erickson writes about

an organized movement within the gay rights community that is sometimess referred to as the “gay mafia.” They want to harass those who disagree with their agenda and silence any dissent from their agenda. They have worked overtime in the past twenty-four hours because an AP poll shows that the number of Americans who now support gay marriage has declined since the Supreme Court’s ruling and a majority believe Christian businesses should not be compelled to provide goods and services to gay weddings.

They cannot have that. They also cannot have books and data that dispute their claims. One such book is by my friend Ryan Anderson. The book is called Truth Overruled: The Future of Marriage and Religious Freedom. A subgroup of the gay mafia who call themselves “Flying Monkeys” are flinging poo in the direction of Ryan’s book.

In particular, they have organized a campaign to down vote Ryan’s book on Amazon.com. The Daily Signal has screenshots of the gay mafia’s online conversations encouraging people to go “review” Ryan’s book and give it one star reviews.

The people have not read the book. But they want you to think the book is a terrible read. They are attacking Ryan personally and attacking arguments they have not even read. Anyone who knows Ryan knows he takes a very scholarly approach to the marriage arguments and has provided a great deal of foresight into the movement again marriage.

You can order Ryan’s book on the Kindle now or get a print edition next month via Amazon. I highly recommend it. [“The Gay Mafia Wants to Stop You from Doing This,” RedState, July 21, 2015]

I have ordered it.

We in the U.S. have thus far been spared the excesses of censorship that plague Canada. One such excess is the subject of my post, “Free Speech Ends at the Northern Border.” That an overstatement, of course, because censorship is rife in America, especially on college campuses. Just check out the website of The Foundation for Individual Rights in Education.

See also my posts “The Gaystapo at Work,” “The Gaystapo and Islam.” “The Beginning of the End of Liberty in America,” and “The Tenor of the Times.”

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Censorship-Plus

In a closely related development, there’s a portentous recent ruling by the Equal Employment Opportunity Commission:

Last week, the Equal Employment Opportunity Commission dropped an astounding ruling: By a 3-2 vote, it concluded that “sexual orientation is inherently a ‘sex-based consideration,’ and an allegation of discrimination based on sexual orientation is necessarily an allegation of sex discrimination under Title VII.”

This is a big deal: The Commission’s recommendations shape rulings on federal employees’ workplace-discrimination claims, and its field offices deal with claims made by employees at private organizations, as well. But the ruling is also a reminder of how complicated—and unresolved—the post-Obergefell legal landscape is. The Supreme Court’s ruling in favor of same-sex marriage at the end of June has set the country up for two new waves of discrimination claims: those made by same-sex couples and LGBT workers, and those made by religious Americans who oppose same-sex marriage. The two may seem distinct or even opposed, but they’re actually intertwined: In certain cases, extending new rights to LBGT workers will necessarily lead to religious-freedom objections, and vice versa.

Right now, it’s impossible to know how these claims will fall out. It’s been less than a month since the ruling, and much of the legal theory on these issues is just that: theory. In Congress, there’s at least some effort to reconcile the two sides. As my colleague Russell Berman wrote on Friday, Democrats are pushing for legislation which would include prohibitions on discrimination in education, housing, and public accommodation, and Republicans may well sign on—if that legislation allows for religious exemptions. No matter what passes, the issues will remain tangled. These will be some of the questions courts and legislatures have to untangle in the wake of Obergefell. [Emma Green, “Gay Rights May Come at the Cost of Religious Freedom,” The Atlantic, July 27, 2015]

It’s not just religious liberty that’s under attack, it’s liberty — period. It’s clear that the federal government is gearing up to tell Americans what they may say about others and who they must associate with, like it or not:

Most citizens will, of course, attempt to exercise their freedom of speech, and many business owners will, of course, attempt to exercise their freedom of association. But for every person who insists on exercising his rights, there will be at least as many (and probably more) who will be cowed, shamed, and forced by the state into silence and compliance with the new dispensation. And the more who are cowed, shamed, and forced into silence and compliance, the fewer who will assert their rights. Thus will the vestiges of liberty vanish.

That’s from my post, “The Beginning of the End of Liberty in America,” which I published on the day of the Obergefell diktat.

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The Disparate Impact of Government

Speaking of impending atrocities, Michael Barone takes on “HUD’s ‘Disparate Impact’ War on Suburban America“:

Disparate impact. It’s a legal doctrine that may be coming soon to your suburb (if you’re part of the national majority living in suburbs).

Bringing it there will be the Obama Department of Housing and Urban Development’s Affirmatively Furthering Fair Housing program. It has been given a green light to impose the rule from Justice Anthony Kennedy’s majority opinion in the Supreme Court’s 5-4 decision [link added] in Texas Department of Housing and Community Affairs v. Inclusive Communities Project. [Kennedy must have been warming up for his Obergefell diktat, which came on the following day. — TEA]

The decision purports to interpret the Fair Housing Act of 1968 as authorizing lawsuits if municipal policies have a “disparate impact” as measured by the racial percentages of those affected — this despite the fact that the words of the Fair Housing Act prohibit only intentional racial discrimination….

In every large metropolitan area with a significant black population, you won’t find a single census tract with 0 black residents. Blacks sometimes encounter resistance when trying to buy or rent a house that they can afford, which is unjust and infuriating, and a problem for which the Fair Housing Act provides remedies.

But, of course, that has not created an America in which every community has the same percentage as the national average of blacks and whites, Hispanics and Asians, marrieds and singles, gays and straights, Protestants and Catholics and Jews and Muslims.

Free choice never shakes out that way. Throughout history, Americans and immigrants have tended to choose to cluster with likeminded people….

How did disparate impact come into the law? In a 1971 Supreme Court case, Griggs v. Duke Power Co., the Court, acting when memory was still fresh of Southern resistance to desegregation, ruled that the company’s aptitude test amounted to discrimination because whites passed at higher rates than blacks. But that’s true of most aptitude tests — which as a result aren’t used much in hiring any more. [creators.com, July 21, 2015]

Don’t tell it to the “social justice” police in D.C. They don’t want to hear it.

The 1971 “disparate impact” ruling by the Supreme Court ranks among the 16 cases that I list as examples of “the judicial betrayal of the constitutional scheme of limited government, and of order and traditional morality,” in “The Fall and Rise of American Empire.” (I would now add the Kennedy Court’s decisions about “disparate impact,” same-sex “marriage,” and Obamacare subsidies.)

“Disparate impact” isn’t just about where people live and work. Malcolm Pollack is on the case:

Here is an item that’s been going around over the past couple of days: an essay by Paul Sperry describing the Obama administration’s latest race-leveling operation.

The idea is to fish for “disparate impact” violations, wherever they can be found — in housing, lending, school discipline, academic performance, enrollment in gifted-student programs, etc. — and to use the coercive power of the State to flatten outcomes.

The Left has a secret weapon here, and in the current cultural climate, it’s a beaut. Here’s how it works:

1) If you go looking for disparate outcomes by racial groups (or by sex), you’ll certainly find them. They are real, and persistent. (See, for example, just how persistent they can be, here.)

2) When such disparate outcomes occur, there are only two possible causes: either they are due to an external obstacle, or something intrinsic to the group itself.

3) If all racial groups are assumed, as by current social convention they must be, to have exactly identical distributions of every cognitive and behavioral trait, then any variation in outcome that disparately affects a particular racial group must be evidence of some external obstacle. This can only be due to racism and injustice, and therefore it is just and proper for the State to detect and remove it, by whatever means necessary.

4) If however, you suggest that disparities under neutral policies may be due, even in part, to innate differences in the distribution of cognitive and behavioral characteristics in different racial groups, then you are a racist. (If you present actual evidence of such differences, you’re a “scientific” racist.) Moreover, the fact that you are even thinking such things is evidence of the persistence and prevalence of racism in general, which in turns confirms the assumption that disparate outcomes are the result of pervasive and intractable racism, and not innate differences. This is what justifies redoubled efforts on the part of the State to bring every aspect of our lives under racial scrutiny, and impose corrective measures wherever disparate outcomes are found.

So: notwithstanding that race, as we are told, is a “social construct” with no basis in reality, the government will spare no effort to group people by race, and to scour vast collections of intrusively gathered data to find inequalities in social and economic outcomes — not on any individual basis, but by race. But despite race being real enough, apparently, to justify making such racial categorizations, race can have no deeper reality as regards any shared characteristics that might contribute to such inequalities. Race is, in other words, real, but only real enough to serve, somehow, as a marker for defining groups, and thereby to serve as the basis of racism, without having any other actual properties. Moreover (and this is what makes the whole thing work so beautifully): if you disagree with any of this, you are yourself a racist — and you have thereby just demonstrated that persistent racism is indeed the problem.

Thanks to this secret weapon, we have moved beyond — far beyond — the idea that particular differences in outcomes may be due to specific and remediable instances of conscious and intentional racism. As we go Forward, we have a new paradigm: differences in outcomes simply ARE racism, now and forever.

That’s some catch!

[“A Respectful Whistle,” waka waka waka, July 21, 2015]

(I couldn’t resist reproducing Pollack’s brilliant post in its entirety. If you don’t already follow his blog, you should do so.)

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Putting the Civil War in Perspective

Walter Williams does it brilliantly:

Was President Abraham Lincoln really for outlawing slavery? Let’s look at his words. In an 1858 letter, Lincoln said, “I have declared a thousand times, and now repeat that, in my opinion neither the General Government, nor any other power outside of the slave states, can constitutionally or rightfully interfere with slaves or slavery where it already exists.” … Debating Sen. Stephen Douglas, Lincoln said, “I am not, nor ever have been, in favor of making voters or jurors of Negroes nor of qualifying them to hold office nor to intermarry with white people; and I will say in addition to this that there is a physical difference between the white and black races, which I believe will forever forbid the two races living together on terms of social and political equality.”

What about Lincoln’s Emancipation Proclamation? Here are his words: “I view the matter (of slaves’ emancipation) as a practical war measure, to be decided upon according to the advantages or disadvantages it may offer to the suppression of the rebellion.” …

Lincoln did articulate a view of secession that would have been heartily endorsed by the Confederacy: “Any people anywhere, being inclined and having the power, have the right to rise up and shake off the existing government and form a new one that suits them better. … Nor is this right confined to cases in which the whole people of an existing government may choose to exercise it. Any portion of such people that can may revolutionize and make their own of so much of the territory as they inhabit.” Lincoln expressed that view in an 1848 speech in the U.S. House of Representatives, supporting the secession of Texas from Mexico.

Why didn’t Lincoln share the same feelings about Southern secession? Following the money might help with an answer. Throughout most of our nation’s history, the only sources of federal revenue were excise taxes and tariffs. During the 1850s, tariffs amounted to 90 percent of federal revenue. Southern ports paid 75 percent of tariffs in 1859. What “responsible” politician would let that much revenue go? [“Historical Ignorance II,” creators.com, July 22, 2015]

(There’s more in William Sullivan’s “Lincoln vs. Lee: How History Is Distorted to Preserve Legends,” American Thinker, August 1, 2015.)

Yes, it can be asserted (with some degree of accuracy) that slavery was the proximate cause of the Civil War, because it was the issue of slavery that brought to a head the longstanding tension between North and South. But the leaders of the South also had a righteous cause, in principle: the cause of constitutional government. This is from my post, “The Southern Secession Reconsidered“:

What tends to be forgotten is the South’s pre-Civil War stance with respect to the central government. Southern resistance to the centralization of political power, and to the central government’s unconstitutional exercises of power, long pre-dated the Southern secession and was founded on a valid interpretation of the Constitution.

The Civil War, as a forcible act of reunification, is defensible only insofar as a main result was the end of slavery in the United States. On constitutional grounds, however, the Southern secession was valid and should not have been contested. [Chapter and verse follow.]

My current view of the Constitution — “How Libertarians Ought to Think About the Constitution” — is more cynical and sweeping:

What does all of this mean for secession? Here it is, from the beginning and by the numbers:

1. The Constitution was a contract, but not a contract between “the people.” It was a contract drawn by a small fraction of the populace of twelve States, and put into effect by a small fraction of the populace of nine States….

2. Despite their status as “representatives of the people,” the various fractions of the populace that drafted and ratified the Constitution had no moral authority to bind all of their peers, and certainly no moral authority to bind future generations….

3. The Constitution was and is binding only in the way that a debt to a gangster who demands “protection money” is binding. It was and is binding because state actors have the power to enforce it, as they see fit to interpret it….

4. The Constitution contains provisions that can be and sometimes have been applied to advance liberty. But such applications have depended on the aims and whims of those then in positions of power.

5. It is convenient to appeal to the Constitution in the cause of liberty … but that doesn’t change the fact that the Constitution was not and never will be a law enacted by “the people” of the United States or any State thereof.

6. Any person and any government in the United States may therefore, in principle, reject the statutes, executive orders, and judicial holdings of the United States government (or any government) as non-binding.

7. Secession is one legitimate form of rejection….

8. An  act of secession may be put down — through legal process or force of arms — but that doesn’t alter the (limited) legitimacy of the act.

9. Given the preceding, any act of secession is no less legitimate than was the adoption of the Constitution.

10. The legitimacy of an act of secession isn’t colored by its proximate cause, whether that cause is a desire to preserve slavery, or to escape oppressive taxation and regulation by the central government, or to live in a civil society that is governed by the Golden Rule. The proximate cause must be evaluated on its own merits, or lack thereof.

If the feds continue their assault on liberty, secession will become an increasingly attractive option. There are other options, including de facto secession.

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Marriage: Privatize It and Revitalize It

REVISED 07/15/15 (AS NOTED BELOW)

Privatize marriage. That’s the standard libertarian response to the dispute about same-sex marriage. The idea is to get government out of the marriage business by letting couples (and larger groups, I suppose) enter into contracts without government licensing. Such contracts might be styled marriage contracts, civil unions, cohabitation agreements, domestic partnership agreements, or what have you. But they would be private contracts, entered into by consenting adults without government’s permission or imprimatur.

I used to oppose the privatization of marriage because I believed, naively, that it would be protected by government. By “marriage” I mean the ages-old institution through which heterosexual couples conjoined their lives — an institution that arose without benefit of government, and which government has subverted.

I now believe privatization to be a good idea because a majority of the Supreme Court has made a mockery of marriage with its ruling in Obergefell v. Hodges. As a private institution, marriage would be accorded more respect than it will be accorded as a definitional whim of five justices.

That’s only the latest bit of damage caused by government. Consider the state of affairs in the United States: a high divorce rate (even if it’s somewhat lower than a few decades ago), rampant serial cohabitation, and a rising out-of-wedlock birth rate. All of this, and more, can be laid to the easing of divorce laws, programs that encourage mothers to work outside the home, and programs that encourage illegitimacy and discourage parental responsibility (e.g., AFDC, CHIP, SNAP, PPACA, and extended unemployment benefits).

Marriage — “thanks” to government — is a far cry from what it was and should be: a lifetime commitment to a spouse; the raising of children to be moral, hard-working citizens; the creation and continuation of family ties that bring with them the joy of belonging and understood obligations to help each other through hard times, unto death. Marriage is (or was), in other words, a binding force for good — a force that has been undermined by government through actions ranging from no-fault divorce laws to welfare for unwed mothers to the orchestrated attack by federal courts that culminated in Obergefell v. Hodges. Given the abdication of its responsibility to preserve, protect, and defend a vital institution, government should get out of the marriage business.

Marriage will be better served if loving couples reject government’s (now irrelevant and destructive) role and enter into private marriage contracts. Such contracts should be so thoroughly drawn that government wouldn’t have to approve or be a party to separations, divorces, property settlements, custodial arrangements, or any of the other messiness that goes on in family courts. Couples would carefully consider and agree ahead of time how to deal with certain contingencies, and make contractual provisions for them — including private counseling and arbitration. Perhaps the covenant marriage contract, which fosters marital and familial stability, would become the model for a large fraction of contracts. (Catholics, Orthodox Jews, and others would enter into even more stringent contracts, of course.)

How can government exit the marriage business? Rather easily, I believe. Each State still has the power to regulate marriage within its borders. A State could simply repeal its extant constitutional provisions and marriage laws and replace them with a fairly simple statute; for example [revised to eliminate the possibility of polygamy, and to remove all traces of governmental involvement]:

Marriage in this State is a private contractual arrangement between two mentally competent, adult persons whose consanguinity is of the 5th degree or greater, and who are not currently in a marriage.

This State shall not dictate the terms and conditions of marriage contracts, but each marriage contract must specify:

  • conditions (if any) for separation and divorce
  • provisions for financial support, the division of property, and the custody of children in the event of separation or divorce
  • obligations of the parties with respect to any children from a previous marriage
  • provisions for private counseling, and the arbitration of disputes arising under the marriage contract.  (If the parties are still in dispute after private proceedings, either or both of them may initiate a civil action, but there will be no special courts devoted to marital disputes and related matters.)

Every marriage contract shall be witnessed by two mentally competent adults.

The signing of a marriage contract, in the sole discretion of the parties thereto, may be preceded, accompanied, or followed by a ceremony and/or celebration, which shall be held in a private home, other private location, or place of religious worship. In accordance with the First and Fifth Amendments to the United States Constitution, neither this State nor the government of the United States may require any person, organization, or religious institution to perform or host a marriage ceremony and/or celebration.

No marriage ceremony or celebration shall be held in or on property owned, leased, or otherwise controlled by this State or any political subdivision or entity of this State.

No official of this State or of any political subdivision or entity of this State, acting in his or her official capacity, shall witness a marriage contract or perform or host a marriage ceremony or celebration.

In accordance with the First, Ninth, and Tenth Amendments to the United States Constitution, neither this State nor the government of the United States may require a person to witness a marriage contract against his or her will. It shall be the responsibility of the parties to a contract to obtain willing witnesses.

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Related posts:

The Marriage Contract Libertarianism, Marriage, and the True Meaning of Family Values Same-Sex Marriage “Equal Protection” and Homosexual Marriage Marriage and Children Parenting, Religion, Culture, and Liberty “Family Values,” Liberty, and the State The Myth That Same-Sex “Marriage” Causes No Harm Surrender? Hell No! Posner the Fatuous Getting “Equal Protection” Right The Writing on the Wall How to Protect Property Rights and Freedom of Association and Expression Judicial Supremacy: Judicial Tyranny The Beginning of the End of Liberty in America

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The Tenor of the Times

Below are some links that I’ve collected about the culture war, political correctness, political hypocrisy, and other disturbing features of the contemporary scene. I don’t agree with everything said by the writers, but I believe that they are broadly right about the madness into which America seems to be rapidly descending.

Each link is followed by an excerpt of the piece that is linked. The excerpt — usually but not always the lede — is meant to entice you to follow the link. I urge you to do so.

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Adam Marcus and Ivan Oransky, “Author Retracts Study of Changing Minds on Same-Sex Marriage after Colleague Admits Data Were Faked,” Retraction Watch, May 20, 2015 (et seq.):

In what can only be described as a remarkable and swift series of events, one of the authors of a much-ballyhooed Science paper claiming that short conversations could change people’s minds on same-sex marriage is retracting it following revelations that the data were faked by his co-author. [Leftists love to fake data to make political points (e.g., economics and climate studies). — TEA]

Jason Morgan, “Dissolving America,” American Thinker, June 29, 2015

The instant media consensus is in: the Confederate flag atop the South Carolina statehouse has got to go.  The battle flag of the Army of Northern Virginia, we are told, just doesn’t represent who we are as a nation anymore.

But if we are going to take the Confederate flag down because it no longer represents us, then there is no reason why we shouldn’t take the American flag down, too.  Not just from the government buildings in South Carolina, but from every home, ship, office, and church throughout the entire American territory.  Because neither flag has anything to do with who we are anymore.  Old Glory is now just as much a meaningless relic as the republic that created it — as obsolete as the Stars and Bars became in April of 1865.

Bill Vallicella, “SCOTUS and Benedict,” Maverick Philosopher, June 30, 2015:

[Quoting Rod Dreher]:

It is time for what I call the Benedict Option. In his 1982 book After Virtue, the eminent philosopher Alasdair MacIntyre likened the current age to the fall of ancient Rome. He pointed to Benedict of Nursia, a pious young Christian who left the chaos of Rome to go to the woods to pray, as an example for us. We who want to live by the traditional virtues, MacIntyre said, have to pioneer new ways of doing so in community. We await, he said “a new — and doubtless very different — St. Benedict.”

So now you are out in the desert or the forest or in some isolated place free of the toxic influences of a society in collapse.  The problem is that you are now a very easy target for the fascists.  You and yours are all in one place, far away from the rest of society and its infrastructure.  All the fascists have to do is trump up some charges, of child-abuse, of gun violations, whatever.  The rest of society considers you kooks and benighted bigots and won’t be bothered if you are wiped off the face of the earth.  You might go the way of the Branch Davidians.

Heather Mac Donald, “The Shameful Liberal Exploitation of the Charleston Massacre,” National Review, July 1, 2015:

In fact, white violence against blacks is dwarfed by black on white violence. In 2012, blacks committed 560,600 acts of violence against whites (excluding homicide), and whites committed 99,403 acts of violence (excluding homicide) against blacks, according to data from the National Crime Victimization Survey provided to the author. Blacks, in other words, committed 85 percent of the non-homicide interracial crimes of violence between blacks and whites, even though they are less than 13 percent of the population. Both the absolute number of incidents and the rate of black-on-white violence are therefore magnitudes higher than white-on-black violence. There is no white race war going on.

Steve McCann, “America’s Destiny in the Balance,” American Thinker, July 1, 2015:

Beginning in the 1930’s, under the aegis of Franklin Roosevelt, the nation began a drift to the left as a reaction to the Great Depression.  However, those truly committed to socialist/Marxist philosophy and tactics remained in the shadows until the 1960’s.  The Viet Nam war protests unleashed far more than just a demand for an end to the war.  Those that blamed America for all manner of alleged sins in the past and determined to transform the United States into a socialist/Marxist nirvana were able to step out from behind the shadows and enter the mainstream of national legitimacy.  This swarm of locusts soon enveloped the higher levels of academia spawning countless clones to further infiltrate all strata of society — most notably the mainstream media, the entertainment complex and the ultimate target: the Democratic Party.  These vital segments of the culture are now instruments of indoctrination, propaganda and political power.

Victoria Razzi, “Asian American Studies Professors Stay Silent on Asian vs. Black Integration,” The College Fix, July 1, 2015:

An 80-year-old Duke University professor recently argued that Asian Americans have integrated into America better than African Americans, a controversial and contentious assertion that caused uproar and prompted the scholar to be labeled a racist.

Eugene Slavin, “The White Privilege Lie,” American Thinker, July 1, 2015:

Of all the invectives launched against the United States by the resurgent American Left, the charge that in America, White Privilege reigns supreme is the most insidious and culturally ruinous.

Its intent is unambiguous: leftists perpetuate the White Privilege lie to smear America and its institutions as inherently racist, and therefore unworthy of adulation and in need of fundamental socioeconomic transformation.

David Limbaugh, “I Told You Things Are Getting Crazier,” CNSNews.com, July 7, 2015:

The world is upside down, inside out, sideways, crazy, nutso. Bad is good; up is down. Left is right; right is wrong. Evil is good; insanity is sanity. Abnormal is normal. Circles are squares. Hot is cold. Luke warm is red hot — among Republicans, anyway. Common sense is uncommon. The world is otherworldly. Dissent is “hate.” Diversity means conformity. The good guys are the bad guys; virtue is vice; sophistry is intellectualism; jerks are celebrated; debauchery is glorified; the holy is debauched. Let me share some of these headlines, which speak for themselves — loudly and depressingly.

Robert Joyner, “The Hypocrisy of #Black Lives Matter, July 4th EditionTheden, July 9, 2015:

As Theden has argued before, the Black Lives Matter movement is one that very clearly does not care about its own stated goals. The name implies that the movement exists to protect and enrich the lives of blacks, but it spends its time protesting often spurious cases of police brutality and, more recently, the flying of “offensive” flags. It is conspicuously silent on the number one threat to black lives in America, which is other blacks. The movement routinely hectors whites, but frankly the preponderance of evidence shows that whites already value black lives more than blacks do themselves.

Fred Reed, “‘Payback’s a Bitch’: Rural Wisdom and the Gathering Storm,” Fred on Everything, July 9, 2015:

The furor over the Confederate flag, think I, has little to do with the Confederate flag, which is a pretext, an uninvolved bystander. Rather it is about a seething anger in the United States that we must not mention. It is the anger of people who see everything they are and believe under attack by people they aren’t and do not want to be—their heritage, their religion, their values and way of life all mocked and even made criminal.

Bill Vallicella, “Is Reason a White Male Euro-Christian Construct?,” Maverick Philosopher, July 10, 2015:

[Quoting John D. Caputo]:

White is not “neutral.” “Pure” reason is lily white, as if white is not a color or is closest to the purity of the sun, and everything else is “colored.” Purification is a name for terror and deportation, and “white” is a thick, dense, potent cultural signifier that is closely linked to rationalism and colonialism. What is not white is not rational. So white is philosophically relevant and needs to be philosophically critiqued — it affects what we mean by “reason” — and “we” white philosophers cannot ignore it.

This is truly depressing stuff.  It illustrates the rarefied, pseudo-intellectual stupidity to which leftist intellectuals routinely succumb, and the level to which humanities departments in our universities have sunk.

It’s all depressing. Have a nice day.

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Will Texas Pay My Taxes?

Ryan H. Murphy offers a tantalizing idea:

In Texas, taxes on income are against the state constitution. However, Texans still pay the federal income tax.

In principle, the state could effectively end the federal income tax by using two surprisingly simple and straightforward legislative maneuvers—neither of which involves secession. Texas could choose to send its federal taxpayers a check in the form of a state tax credit equal to their federal income tax liability. It could then pay for the credit by increasing the state sales tax in a revenue neutral way. effectively, t hat would mean the end of all income taxes in the state while significantly raising sales taxes. This isn’t about cutting taxes per se; rather, this is the tax swap to end all tax swaps….

This would constitute a drastic policy shift, but why not do it? The superiority of consumption taxes to income taxes has long been argued by many neoclassical economists. The real difference between a consumption tax and an income tax is that a consumption tax encourages saving and thrift. We have good reason to believe  that (relatively speaking) discouraging saving—and therefore investment—has significant negative effects on growth….

[Jens] Arnold’s work indicates that consumption taxes and property taxes are distinctly superior to income taxes, especially to an income tax with high progressivity. William McBride of the Tax Foundation summarizes this in a 2012 study, “What Is the Evidence on Taxes and Growth?” What is clear is that a U.S. state that is willing to move its tax environment strongly in this direction would attract investment, entrepreneurs, and workers from the other 49 states. [“How States Can Effectively End the Federal Income Tax — and Why They Should,” Regulation, Summer 2015]

Murphy doesn’t try to assess the legality of the maneuvers, nor will I. I’m interested in the arithmetic of Murphy’s proposal.

I dismiss Murphy’s emphasis on the supposed advantages to a particular State: attracting “investment, entrepreneurs, and workers from the other 49 states.” That just a kind of mercantilism. What’s critical is that sales taxes encourage saving and investment, while income taxes discourage them. (That’s a relative statement for a given level of tax revenue. In fact, saving and investment would be maximized when the sum of all tax receipts is just sufficient to maintain public order and national defense, and when those receipts come from sales and use taxes.)

As a resident of Texas — one of seven States that doesn’t levy an income tax — I’m keenly interested in Murphy’s scheme. But is it feasible for Texas to pay the federal income taxes of its residents, then collect the same amount through sales taxes? I think not.

In fiscal year 2008, for example, the residents of Texas owed $89 billion in federal income taxes. In the same fiscal year the State’s sale tax receipts were $22 billion. (The State’s sales-tax rate is 6.25 percent on taxable items. Cities, counties, and other jurisdictions are allowed to collect up to an additional 2 percent on taxable items, but there’s no need to include those taxes in this analysis, as you’ll see.)

Assuming that ratio of federal income taxes to State sales taxes hasn’t changed much since 2008, Texas would have to quintuple its sale-tax rate from 6.25 percent to more than 31 percent in order to pay the federal income taxes of Texas residents while netting its usual sales-tax income. How likely is that?

The nationwide picture looks much the same. All U.S. taxpayers owed the feds $1.1 trillion in fiscal year 2008. Sales tax receipts across the country came to $443 billion in the same period. (This amount includes receipts of local jurisdictions as well as States.) Sales-tax rates would have to be multipled by 3.5 if all States were to finance federal income-tax bills while they (and local governments) net their usual sales-tax income. How likely is that?

Partial subsidies might be feasible, though politically difficult. There’s always great resistance to increases in sales-tax rates because sales taxes are said to be regressive.

Murphy’s idea sounds good, but it’s not a practical one. Also, if adopted widely it would lighten the federal income-tax burden on high-income individuals. That’s a good thing and a bad thing. On the bad side, it would make high-income individuals less mindful of the need to fight for lower tax rates and the spending cuts that should go with lower tax rates. The proper objective — if you favor liberty and economic growth — isn’t to disguise the burden of federal spending, as Murphy’s scheme would do, but to reduce that burden, by a whole lot.

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Related posts:

Income Inequality and Economic Growth
A Case for Redistribution, Not Made
McCloskey on Piketty
The Rahn Curve Revisited
The Slow-Motion Collapse of the Economy
How to Eradicate the Welfare State, and How Not to Do It
The Real Burden of Government
Diminishing Marginal Utility and the Redistributive Urge
Obamanomics in Action
Capitalism, Competition, Prosperity, and Happiness

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Capitalism, Competition, Prosperity, and Happiness

Capitalism is a misnomer for the system of free markets that could deliver abundant prosperity and happiness, were markets left free. Free does not mean unfettered; competition for the favor of consumers exerts strong discipline on markets. And laws against theft, deception, and fraud would serve amply to keep markets honest, the worrying classes to the contrary notwithstanding.

Capitalism is but one pillar of free markets — an essential pillar, to be sure. But it is competition that drives capitalists, entrepreneurs, managers, and workers alike to excel in the satisfaction of consumers’ wants and to make the best use of resources as they satisfy those wants.

I argue that it is the curtailment of competition, due to the enlargement of government, that has caused the economies of the West to yield much less prosperity than they could, and much less psychic satisfaction than workers, managers, and entrepreneurs (if not to capitalists) would otherwise enjoy.

One reason for the ease with which competition has been stifled is the word’s negative connotation, which seems to hold sway even among millions of Americans who compete gladly for more business, better jobs, and higher incomes. The negative view of competition may date from 1845, when Friedrich Engels wrote these words:

Competition is the completest expression of the battle of all against all which rules modern civil society. [The Condition of the Working-Class in England in 1844, 1892 edition, p. 75]

Thanks to Engels and his ilk, most notably Karl Marx, competition became and remains a dirty word, with respect to economic activity if not with respect to games, sports, and idiotic TV shows. Economic competition is too much thought of as a brutal contest in which there are relatively few winners and myriad losers.

In fact, economic competition has myriad winners, consumers prominent among them. Adam Smith explained it in 1776:

When the quantity [of a commodity] brought to market exceeds the effectual demand, it cannot be all sold to those who are willing to pay the whole value of the rent, wages, and profit, which must be paid in order to bring it thither. Some part must be sold to those who are willing to pay less, and the low price which they give for it must reduce the price of the whole. [An Inquiry into the Nature and Causes of the Wealth of Nations, Chapter 7]

Consumers benefit not only from competition among the sellers of a particular good or service, but also from competition among the sellers of a variety of goods and services. In the first instance, consumers benefit from lower prices or higher quality when there’s more than one seller of a particular item (or items that are close substitutes, such as compact cars). In the second instance, the availability of a variety of items requires sellers of all of those items to compete for the consumer’s patronage, either on the basis of price or quality (or both). In either case, sellers often compete by offering new and improved goods and services, thus further benefiting consumers.

The owners of a particular business might wish that they had no competition. But even if the wish is seemingly granted (e.g., by crony-friendly regulations that prevent the formation of similar businesses), that business still has to compete with other kinds of businesses for the favor of consumers.

Most consumers are also sellers of their labor. And as sellers, they compete for jobs. Unless government steps in to designate winners (as in the case of affirmative action), labor competition enables employers to hire and promote workers who have seem to have skills and experience best suited to the work at hand. This is a boon to consumers because competition among workers enables the producers of goods and services to get the most “bang” from their labor budgets.

Labor competition is also a boon to workers. Rarely are workers in a situation where they have only one prospective employer. Employers must usually compete against one another for the services of workers. Competitive labor markets — markets that are free of arbitrary government rules and union-imposed restrictions on about hiring and promotion — help workers to find employment for which they are best suited, and help them maximize their income, given their skills and experience.

Again, absent government- and union-imposed restrictions, workers must use their skills and experience productively. If they don’t, they will be fired or at least not promoted beyond the level at which they are worth their pay. If employers are prevented from firing or demoting unproductive workers, better workers are denied opportunities to earn more. And consumers are harmed because they are forced by widely applicable government- and union-imposed restrictions to subsidize the products of inferior labor. The only escape from federal mandates is the substitution of capital for labor, which is why government-imposed minimum wages (among many things) harm the very groups that they are meant to help.

Engels, Marx, and their purportedly empathic successors want to do away with competition because they don’t understand how it helps consumers and workers. The “ideal” alternative to competition is communism (with a small “c”). But communism, like anarchism, is a system that works only for relatively small numbers of like-minded or genetically bonded persons, and then not for long. The only lasting substitute for communism has been state socialism (also known in its more draconian manifestations as Communism with a capital “c”).

State socialism — even in its relatively mild but still heavy-handed American form — decrees the variety of goods and services that may be produced, and restricts their production. This differs in degree but not in kind from Communism, which produced disastrous consequences for the material and psychic well-being of the hundred of millions of persons who labored and still labor under it. (Party leaders, officials, and favorites were and are given special treatment, of course. Elites never disappear, they just assume different titles.)

The false premise of central planners and those who believe in central planning is that a group of persons — even armed with massive computing power — can anticipate and satisfy the vastly varied and ever-changing skills, wants, tastes, and preferences of a diverse populace. All that the central planners can do, at best, is impose their own preferences on others and make some groups (mainly themselves and their favorites) better off at the expense of others.

A bureaucracy which is set on producing X when people want Y will go on producing X for many years after businesses would have shifted to the production of Y. A bureaucracy that stifles innovation (as bureaucracies do) is unlikely to take a chance on introducing Z, which some consumers might prefer to X or Y, but the introduction of Z is what businesses do every day. Nor are stodgy bureaucracies likely to improve their methods of producing X, Y, Z, or anything else, and so they will use labor and other resources in wasteful ways. All for the sake of avoiding what shallow thinkers like to call “wasteful competition.”

It’s ironic that competition (in contexts other than sports, games, and idiotic TV shows) became a dirty word. Most people compete daily without giving it a second thought. It’s simply a matter of doing the best that one can do — or that one is willing to do — and accepting the consequences, or doing better if one is dissatisfied with the consequences. It is gratifying — not demeaning — to meet life’s challenges, and to meet them successfully (or as successfully as one is able).

Engels and Marx’s pseudo-intellectual successors in politics, the academy, and the punditocracy would recognize the truth of this if they were capable of candid introspection. Assuming that they are (sometimes) capable of it, they must believe themselves to be different from (and superior to) the great mass of people, who must be “rescued” from competition. This belief is a compound of psychological projection and condescending hogwash.

Yes, it’s true that most people are willing and eager to get something for nothing. But until the advent of state socialism (also known euphemistically as democratic socialism) most people were unable to get something for nothing. Yes, there have always been those with access to power — like today’s so-called crony capitalists (whose reliance on cronyism disqualifies them as capitalists) — but they were the major exception. Today’s cronies, “capitalist” and other, run the gamut from CEOs of major corporations to physically and mentally able dole collectors to retirees whose productive investments in economic growth have been stunted by the lure (and cost of) “free” Social Security and Medicare benefits.

It needn’t have been thus. The Framers of the Constitution meant to limit the central government’s powers to those sixteen (enumerated in Article I, Section 8) that would “provide for the common Defence and general Welfare.” And the powers of the central government remained within the Framers’ limits for well over a century. But once the government’s powers began to spread beyond their constitutional boundaries, there was no turning back — or so it seems.

The growth of dependency on the state, which in the United States began in earnest with the New Deal, is a cancer that has eaten away the competitive spirit that once animated Americans’ economic striving. The cancer needn’t have taken hold and spread, but it did, thanks to ambitious politicians and know-it-all academicians and pundits, whose siren song of “something for nothing” has lured too many Americans into the arms of the nanny state. And those who have resisted the siren song are nevertheless forced to pay for the “something” that others get for nothing.

Competition is a good word, not a dirty one. It should be praised and emulated, not derided and denigrated. It is at the heart of psychically satisfying and materially enriching economic activity.

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Related reading:

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Related posts:

Fear of the Free Market — Part I
Fear of the Free Market — Part II
Fear of the Free Market — Part III
The Cost of Affirmative Action
Socialist Calculation and the Turing Test
Monopoly and the General Welfare
Slopes, Ratchets, and the Death Spiral of Liberty
Academic Bias
Intellectuals and Capitalism
Greed, Cosmic Justice, and Social Welfare
Positive Rights and Cosmic Justice
Fascism with a “Friendly” Face
The Interest-Group Paradox
Parsing Political Philosophy
Monopoly: Private Is Better Than Public
Gains from Trade
Trade
The Near-Victory of Communism
Tocqueville’s Prescience
The Real Burden of Government
The Left
The Constitution: Original Meaning, Corruption, and Restoration
The Illusion of Prosperity and Stability
The Deficit Commission’s Deficit of Understanding
Our Enemy, the State
“Intellectuals and Society”: A Review
Competition Shouldn’t Be a Dirty Word
The Stagnation Thesis
Social Justice
The Left’s Agenda
More Social Justice
Luck-Egalitarianism and Moral Luck
Empathy Is Overrated
Union-Busting
In Defense of Wal-Mart
Taxing the Rich
More about Taxing the Rich
The Evil That Is Done with Good Intentions
Understanding Hayek
The Left and Its Delusions
Creative Destruction, Reification, and Social Welfare
The Arrogance of (Some) Economists
The “Jobs Speech” That Obama Should Have Given
Regime Uncertainty and the Great Recession
Regulation as Wishful Thinking
The Spoiled Children of Capitalism
Politics, Sophistry, and the Academy
Subsidizing the Enemies of Liberty
In Defense of the 1%
Are You in the Bubble?
Lay My (Regulatory) Burden Down
The Burden of Government
Economic Growth Since World War II
The Eclipse of “Old America”
Genetic Kinship and Society
Government in Macroeconomic Perspective
How High Should Taxes Be?
The Value of Experience
Economics: A Survey (also here)
Why Are Interest Rates So Low?
Vulgar Keynesianism and Capitalism
America’s Financial Crisis Is Now
“We the People” and Big Government
The Keynesian Multiplier: Phony Math
The True Multiplier
Parsing Political Philosophy (II)
Some Inconvenient Facts about Income Inequality
Modern Liberalism as Wishful Thinking
Mass (Economic) Hysteria: Income Inequality and Related Themes
The Pretence of Knowledge
Alienation
Income Inequality and Economic Growth
A Case for Redistribution, Not Made
Ruminations on the Left in America
McCloskey on Piketty
The Rahn Curve Revisited
The Slow-Motion Collapse of the Economy
Nature, Nurture, and Inequality
How to Eradicate the Welfare State, and How Not to Do It
The Real Burden of Government (II)
Diminishing Marginal Utility and the Redistributive Urge
Obamanomics in Action
Academic Ignorance
Judicial Supremacy: Judicial Tyranny
Does the Power to Tax Give Congress Unlimited Power? (II)
The Beginning of the End of Liberty in America

And guest-blogger L. P.‘s posts about the downside of empathy: here, here, here, here, here, and here.

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The Beginning of the End of Liberty in America

SEVERAL ITEMS HAVE BEEN ADDED TO THE LIST OF RELATED READINGS SINCE THE INITIAL PUBLICATION OF THIS POST ON 06/26/15

Winston Churchill, speaking in November 1942 about the victory of the Allies in the Second Battle of El Alamein, said this:

This is not the end. It is not even the beginning of the end. But it is, perhaps, the end of the beginning.

We may have reached the end of the legal battle over same-sex “marriage” with today’s decision by five justices of the Supreme Court in the case of Obergefell v. Hodges. But that decision probably also marks the beginning of the end of liberty in America.

Consider these passages from Chief Justice Roberts’s dissent (citations omitted):

…Today’s decision … creates serious questions about religious liberty. Many good and decent people oppose same-sex marriage as a tenet of faith, and their freedom to exercise religion is—unlike the right imagined by the majority—actually spelled out in the Constitution.

Respect for sincere religious conviction has led voters and legislators in every State that has adopted same-sex marriage democratically to include accommodations for religious practice. The majority’s decision imposing same-sex marriage cannot, of course, create any such accommodations. The majority graciously suggests that religious believers may continue to “advocate” and “teach” their views of marriage…. The First Amendment guarantees, however, the freedom to “exercise” religion. Ominously, that is not a word the majority uses.

Hard questions arise when people of faith exercise religion in ways that may be seen to conflict with the new right to same-sex marriage—when, for example, a religious college provides married student housing only to opposite-sex married couples, or a religious adoption agency declines to place children with same-sex married couples. Indeed, the Solicitor General candidly acknowledged that the tax exemptions of some religious institutions would be in question if they opposed same-sex marriage…. There is little doubt that these and similar questions will soon be before this Court. Unfortunately, people of faith can take no comfort in the treatment they receive from the majority today.

Perhaps the most discouraging aspect of today’s decision is the extent to which the majority feels compelled to sully those on the other side of the debate. The majority offers a cursory assurance that it does not intend to disparage people who, as a matter of conscience, cannot accept same-sex marriage…. That disclaimer is hard to square with the very next sentence, in which the majority explains that “the necessary consequence” of laws codifying the traditional definition of marriage is to “demea[n]or stigmatiz[e]” same-sex couples…. The majority reiterates such characterizations over and over. By the majority’s account, Americans who did nothing more than follow the understanding of marriage that has existed for our entire history—in particular, the tens of millions of people who voted to reaffirm their States’ enduring definition of marriage—have acted to “lock . . . out,” “disparage,”“disrespect and subordinate,” and inflict “[d]ignitary wounds” upon their gay and lesbian neighbors…. These apparent assaults on the character of fair minded people will have an effect, in society and in court…. Moreover, they are entirely gratuitous. It is one thing for the majority to conclude that the Constitution protects a right to same-sex marriage; it is something else to portray everyone who does not share the majority’s “better informed understanding” as bigoted….

Justice Alito puts it more plainly:

[Today’s decision] will be used to vilify Americans who are unwilling to assent to the new orthodoxy. In the course of its opinion,the majority compares traditional marriage laws to laws that denied equal treatment for African-Americans and women…. The implications of this analogy will be exploited by those who are determined to stamp out every vestige of dissent.

Perhaps recognizing how its reasoning may be used, the majority attempts, toward the end of its opinion, to reassure those who oppose same-sex marriage that their rights of conscience will be protected…. We will soon see whether this proves to be true. I assume that those who cling to old beliefs will be able to whisper their thoughts in the recesses of their homes, but if they repeat those views in public, they will risk being labeled as bigots and treated as such by governments, employers, and schools….

…By imposing its own views on the entire country, the majority facilitates the marginalization of the many Americans who have traditional ideas. Recalling the harsh treatment of gays and lesbians in the past, some may think that turnabout is fair play. But if that sentiment prevails, the Nation will experience bitter and lasting wounds.

Erick Erickson drives it home:

Make no mistake — this is not the end of a march, but the beginning of a new march. You will be made to care. You will be forced to pick a side. Should you pick the side of traditional marriage, you can expect left to be ruthless. After all, the Supreme Court has said gay marriage is a not just a right, but a fundamental right. [“The Supremes Decide,” RedState, June 26, 2015]

Erickson counsels civil disobedience:

It’s time to defy the court on this. It’s time to fight back. Nonviolent civil disobedience is the only option we have been left under this terrible ruling. We will be heard. [“It’s Time for Civil Disobedience,” RedState, June 26, 2015]

Most citizens will, of course, attempt to exercise their freedom of speech, and many business owners will, of course, attempt to exercise their freedom of association. But for every person who insists on exercising his rights, there will be at least as many (and probably more) who will be cowed, shamed, and forced by the state into silence and compliance with the new dispensation. And the more who are cowed, shamed, and forced into silence and compliance, the fewer who will assert their rights. Thus will the vestiges of liberty vanish.

That’s how it looks from here on this new day of infamy.

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Related reading:

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Related posts:

The Marriage Contract
Libertarianism, Marriage, and the True Meaning of Family Values
Same-Sex Marriage
“Equal Protection” and Homosexual Marriage
Marriage and Children
Civil Society and Homosexual “Marriage”
The Constitution: Original Meaning, Corruption, and Restoration
Perry v. Schwarzenegger, Due Process, and Equal Protection
Rationalism, Social Norms, and Same-Sex “Marriage”
Asymmetrical (Ideological) Warfare
In Defense of Marriage
A Declaration of Civil Disobedience
The Myth That Same-Sex “Marriage” Causes No Harm
Liberty and Society
The View from Here
The Culture War
Surrender? Hell No!
Posner the Fatuous
Getting “Equal Protection” Right
The Writing on the Wall
How to Protect Property Rights and Freedom of Association and Expression
The Gaystapo at Work
The Gaystapo and Islam

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Privilege, Power, and Hypocrisy

The Almighty is not a liberal… The Almighty is the driving force for the entire universe and the universe is not a very liberal place. That is what the modern world seems not to understand….

Simon Mawer, The Gospel of Judas

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Complaints about privilege are really complaints about power. How did privilege and power come to be conflated? Let’s begin with an authoritative definition* of privilege:

A right, advantage, or immunity granted to or enjoyed by a person, or a body or class of persons, beyond the common advantages of others; an exemption in a certain case from certain burdens or liabilities.

Are all privileges unjust? Do privileges necessarily confer power or arise from it?

Good Privilege and Days of Yore

There was a time when most privileges were neither unjust nor a sign of power: when younger men ceded their seats on buses to older persons and pregnant women, when a man could hold open a door for a woman and be thanked for it instead of being repaid with a stony glare or silence; when a fit person would cede a seat to a crippled one; and so on.

Was there anything wrong with such behaviors? Only a revisionist who views the world through contemporary mores (of a politically correct hue)  would think so. Such behaviors were in fact widely practiced and accepted as fitting and proper. They were not condescending or demeaning. They did not confer power or arise from it, except to the extent that persons who had the power to grant them did so voluntarily and out of pity or respect for those who received them. But the grantors’ power was only situational, not general. A better word for it would be opportunity, as in the opportunity to do a good deed for a fellow human being.

The Decline of Civility and the Rise of Big Government

Such behaviors have gone out of style, or nearly so, not because they were considered improper but because manners have coarsened. Manners have coarsened because people — not all people but too many of them — have become self-centered and inconsiderate of others. My view is that the rise of the “me” generation in the 1960s curtailed instances of public kindness, thus producing fewer instances of good manners that might be copied and repeated, thus leading to the further recession of good manners, etc.

The “me” generation didn’t arise spontaneously. Its rise was an integral part of the breakdown of the social fabric that big government has abetted and encouraged. What breakdown? Anthony Esolen describes it all too well:

[W]hen we ask, “Why are the churches empty?” we might also ask, “Why are our public buildings so ugly? Why do we no longer have any folk art to speak of? Why do neighbors not know one another? Why are there no dances for everyone of all ages to enjoy? Why is the sight of a young lad and lass holding hands as rare now as public indecency used to be? Why is no one getting married? Why have family trees turned into family sticks, or family briars?

“Why are there so many feral young men and women, tattooed and slovenly, loitering about shopping malls or slouching towards the internet for their porn? Why are there so many old neighborhoods, roads, and bridges crumbling, while millions of young men are unemployed or, worse, unemployable? Why do so many teachers believe it their duty to tear down the glories of their own civilization, calling it ‘critical thinking,’ without a passing thought as to what will remain in their place? Who are what used to be called the ‘leading men’ of an ordinary town? Are there any? Who are what used to be called ‘city fathers’? Are there any?

“Where are the songs of yesteryear? Where are the poems? Where are the holidays? What happened to the parades and the marching bands?

“What virtue do we honor, other than what we call tolerance, which turns out not to be tolerance at all but the ‘virtue’ of demanding that there should be no honor granted to virtue?” [“What Is a Healthy Culture?,” The Imaginative Conservative, June 16, 2015]

Walter Williams puts it this way:

A civilized society’s first line of defense is not the law, police and courts but customs, traditions, rules of etiquette and moral values. These behavioral norms — mostly transmitted by example, word of mouth and religious teachings — represent a body of wisdom distilled over the ages through experience and trial and error. They include important thou-shalt-nots, such as thou shalt not murder, thou shalt not steal and thou shalt not cheat. They also include all those courtesies that have traditionally been associated with ladylike and gentlemanly conduct.

The failure to fully transmit these values and traditions to subsequent generations represents one of the failings of what journalist Tom Brokaw called “The Greatest Generation.” People in this so-called great generation, who lived during the trauma of the Great Depression and fought World War II, not only failed to transmit the moral values of their parents but also are responsible for government programs that will deliver economic chaos….

For nearly three-quarters of a century, the nation’s liberals have waged war on traditional values, customs and morality. Our youths have been counseled that there are no moral absolutes. Instead, what’s moral or immoral is a matter of personal opinion. During the 1960s, the education establishment began to challenge and undermine lessons children learned from their parents and Sunday school with fads such as “values clarification.” So-called sex education classes are simply indoctrination that undermines family and church strictures against premarital sex. Lessons of abstinence were considered passe and replaced with lessons about condoms, birth control pills and abortions. Further undermining of parental authority came with legal and extralegal measures to assist teenage abortions with neither parental knowledge nor parental consent….

If it were only the economic decline threatening our future, there might be hope. It’s the moral decline that spells our doom. [“Culture and Social Pathology,” creators.com, June 16, 2015]

Williams hints at the role of government in the sundering of the social fabric. Let’s spell it out. As government has become all-powerful and crushingly intrusive (with respect to Americans, if not with respect to their enemies) personal responsibility and the civilizing bonds of society have been replaced by dependency on the state and the use of its power to advance the interest of some at the expense of all. (See “The Interest-Group Paradox” for more about this phenomenon and its folly.)

The privileges that are accorded out of kindness, of which I wrote earlier, arise from civil society, and they are dying with it. People seem less willing than they were in the past to accord such privileges to others.

Privilege as a Dirty Word

With the withering away of civil society, privilege is now thought of mainly as something that someone demands or takes because of his rank, socioeconomic status, gender, or race. Privilege-taking was widely scorned until the arrival of the age of identity politics. Consider the phrase “rank has its privileges” (RHIP), which is a term of derogation that applies where persons of high status (judges, elected officials, corporate executives, military “brass”) enjoy perquisites or escape punishments because of their status.

Then there’s the case of the “privileged brat” — a young person who acts haughtily toward others. This is usually someone whose parents are affluent and on whom the parents have lavished money (or the things that it can buy) — someone, in other words, who has come to think of himself as “special” and whose wishes are to be taken as commands by others. I could add examples, but they would be of the same type: the privilege-taker who exploits his status to demand things of others.

Who are today’s dominant privilege-takers?

Unjust Stereotyping

Is a white person — better yet, a straight, white male of European descent (preferably non-Mediterranean) — necessarily privileged in either sense discussed here: a beneficiary of privileges voluntarily accorded by others or a privilege-taker who demands and receives favors based on his race, gender, and ethnicity?

If you select either answer you’re making the grievously wrong generalization that all heterosexual, white males of non-Mediterranean European descent (hetwhims for short) are not alike. Further, many hetwhims who seem to be “privileged” owe their privilege to causes other than gender, race, and ethnicity: Intelligence, other innate traits, and hard work should come to mind. (If you say, factually, that whites of European descent are generally smarter than, say, persons of African descent, you are unlikely to be a person who pigeonholes all hetwhims as “privileged.”)

Let’s make it real by asking if the following types of hetwhim are privileged:

  • a redneck hetwhim of below-average intelligence who comes from a poor Appalachian family
  • any hetwhim of average or below average intelligence who comes from a family with below-average income
  • a hetwhim who has been denied a job or promotion for which he was, objectively, the best candidate because he was competing with non-hetwhims, especially blacks, women, or — nowadays — homosexuals
  • a hetwhim who has a mental or physical condition that makes it impossible for him to enjoy what passes for a normal life
  • a hetwhim who is actively discriminated against in a university setting — as a student, professor, or prospective professor — because of his gender, color, and sexual orientation and not because of his actual beliefs or qualifications
  • one of the tens of millions of hetwhims in the United States who simply does the best he can with his mental and physical endowment, and whose achievements are due to those endowments and his efforts, plain and simple.

Blaming any of them for what befalls others — usually because of their own faults and failings — is nothing less than blaming the blameless. (See my post, “Luck-Egalitarianism and Moral Luck.”)

The Hypocrisy of the Truly Privileged

The stereotyping of hetwims as privileged is laughable when it is done by affluent hetwims in the media and academia. It is especially laughable when it is done by privileged members of the so-called victim groups: the president and his wife, many cabinet members and other high officials, many members of Congress, their counterparts at the State and local levels, a disproportionately high percentage of functionaries at all levels of government, and on and on throughout the ranks of business, the media, and academia. Beginning with the president, these privileged masses include more than a fair share of mediocrities who would not be where they are if they had to rely on their natural endowments, and if they could not exploit the misplaced guilt that underlies political correctness, affirmative action, and other modes of injustice.

“Injustice” is an apt word:

The obsession of seeing everything in race-coloured terms is itself racist. Anti-racism pursed by zealots transforms itself into the very vice it deplores. This is the cost of identity politics, and its close bedmate, victimology enterprises — the desire to judge, define, represent and indict the individual by the group he or she belongs to. Every human being’s experience in its infinite particularities and potentials transcends category. [Rex Murphy, “‘White Privilege’ on the March,” The National Post, May 15, 2015]

Another apt word is “payback.” The non-victims of non-privilege — with the considerable aid of their privileged allies on the left — are in the process of paying back tens of millions of hetwhims for their imagined sins. Payback may be cathartically pleasurable, but it isn’t justice — social, racial, or other. It’s just plain vindictiveness.

What about “fairness,” which is a favorite word of the racism-sexism-social-justice warriors? “Fairness” is the first refuge of the envious and their morally corrupt allies on the left. Whenever I hear “It just isn’t fair to [insert name of “victimized” group],” I think of a petulant child who lost a game because of his own lack of skill.

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Related posts:

Refuting Rousseau and His Progeny
Liberty and “Fairness”
The Adolescent Rebellion Syndrome
Academic Bias
The F-Scale Revisited
Intellectuals and Capitalism
Greed, Cosmic Justice, and Social Welfare
Positive Rights and Cosmic Justice
The Interest-Group Paradox
The State of the Union 2010
The Shape of Things to Come
Sexist Nonsense
Inside-Outside
Asymmetrical (Ideological) Warfare
“Intellectuals and Society”: A Review
Government vs. Community
Social Justice
The Left’s Agenda
More Social Justice
The Evil That Is Done with Good Intentions
Luck-Egalitarianism and Moral Luck
The Left and Its Delusions
The Destruction of Society in the Name of “Society”
An Economist’s Special Pleading: Affirmative Action for the Ugly
Nature is Unfair
The Spoiled Children of Capitalism
Politics, Sophistry, and the Academy
Subsidizing the Enemies of Liberty
Our Perfect, Perfect Constitution
Constitutional Confusion
Race and Reason: The Achievement Gap — Causes and Implications
Liberty and Society
The Eclipse of “Old America”
The Capitalist Paradox Meets the Interest-Group Paradox
Genetic Kinship and Society
America: Past, Present, and Future
Defending Liberty against (Pseudo) Libertarians
Left-Libertarians, Obama, and the Zimmerman Case
“Conversing” about Race
The Fallacy of Human Progress
Political Correctness vs. Civility
IQ, Political Correctness, and America’s Present Condition
Defining Liberty
“We the People” and Big Government
Evolution and Race
The Culture War
The Fall and Rise of American Empire
Some Inconvenient Facts about Income Inequality
Modern Liberalism as Wishful Thinking
Mass (Economic) Hysteria: Income Inequality and Related Themes
Getting Liberty Wrong
Romanticizing the State
“Wading” into Race, Culture, and IQ
“Liberalism” and Personal Responsibility
Income Inequality and Economic Growth
Round Up the Usual Suspects
Poverty, Crime, and Big Government
Evolution, Culture, and “Diversity”
A Case for Redistribution, Not Made
Greed, Conscience, and Big Government
Ruminations on the Left in America
The Harmful Myth of Inherent Equality
My View of Libertarianism
Crime Revisited
Getting “Equal Protection” Right
A Cop-Free World?
Nature, Nurture, and Inequality
Tolerance
The Real Burden of Government
No Wonder Liberty Is Disappearing
Diminishing Marginal Utility and the Redistributive Urge
How to Protect Property Rights and Freedom of Association and Expression
Democracy, Human Nature, and the Future of America
The Gaystapo at Work
The Gaystapo and Islam
1963: The Year Zero

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* The Compact Edition of the Oxford English Dictionary (New York: The Oxford University Press, Sixth Printing in the United States, September 1973), Volume 2, p. 2307, at 3.

Signature

Not-So-Random Thoughts (XV)

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

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Victor Davis Hanson writes:

This descent into the Dark Ages will not end well. It never has in the past. [“Building the New Dark-Age Mind,” Works and Days, June 8, 2015]

Hamson’s chronicle of political correctness and doublespeak echoes one theme of my post, “1963: The Year Zero.”

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Timothy Taylor does the two-handed economist act:

It may be that the question of “does inequality slow down economic growth” is too broad and diffuse to be useful. Instead, those of us who care about both the rise in inequality and the slowdown in economic growth should be looking for policies to address both goals, without presuming that substantial overlap will always occur between them. [“Does Inequality Reduce Economic Growth: A Skeptical View,” The Conversible Economist, May 29, 2015]

The short answer to the question “Does inequality reduce growth?” is no. See my post “Income Inequality and Economic Growth.” Further, even if inequality does reduce growth, the idea of reducing inequality (through income redistribution, say) to foster growth is utilitarian and therefore morally egregious. (See “Utilitarianism vs. Liberty.”)

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In “Diminishing Marginal Utility and the Redistributive Urge” I write:

[L]eftists who deign to offer an economic justification for redistribution usually fall back on the assumption of the diminishing marginal utility (DMU) of income and wealth. In doing so, they commit (at least) four errors.

The first error is the fallacy of misplaced concreteness which is found in the notion of utility. Have you ever been able to measure your own state of happiness? I mean measure it, not just say that you’re feeling happier today than you were when your pet dog died. It’s an impossible task, isn’t it? If you can’t measure your own happiness, how can you (or anyone) presume to measure and aggregate the happiness of millions or billions of individual human beings? It can’t be done.

Which brings me to the second error, which is an error of arrogance. Given the impossibility of measuring one person’s happiness, and the consequent impossibility of measuring and comparing the happiness of many persons, it is pure arrogance to insist that “society” would be better off if X amount of income or wealth were transferred from Group A to Group B….

The third error lies in the implicit assumption embedded in the idea of DMU. The assumption is that as one’s income or wealth rises one continues to consume the same goods and services, but more of them….

All of that notwithstanding, the committed believer in DMU will shrug and say that at some point DMU must set in. Which leads me to the fourth error, which is an error of introspection….  [If over the years] your real income has risen by a factor of two or three or more — and if you haven’t messed up your personal life (which is another matter) — you’re probably incalculably happier than when you were just able to pay your bills. And you’re especially happy if you put aside a good chunk of money for your retirement, the anticipation and enjoyment of which adds a degree of utility (such a prosaic word) that was probably beyond imagining when you were in your twenties, thirties, and forties.

Robert Murphy agrees:

[T]he problem comes in when people sometimes try to use the concept of DMU to justify government income redistribution. Specifically, the argument is that (say) the billionth dollar to Bill Gates has hardly any marginal utility, while the 10th dollar to a homeless man carries enormous marginal utility. So clearly–the argument goes–taking a dollar from Bill Gates and giving it to a homeless man raises “total social utility.”

There are several serious problems with this type of claim. Most obvious, even if we thought it made sense to attribute units of utility to individuals, there is no reason to suppose we could compare them across individuals. For example, even if we thought a rich man had units of utility–akin to the units of his body temperature–and that the units declined with more money, and likewise for a poor person, nonetheless we have no way of placing the two types of units on the same scale….

In any event, this is all a moot point regarding the original question of interpersonal utility comparisons. Even if we thought individuals had cardinal utilities, it wouldn’t follow that redistribution would raise total social utility.

Even if we retreat to the everyday usage of terms, it still doesn’t follow as a general rule that rich people get less happiness from a marginal dollar than a poor person. There are many people, especially in the financial sector, whose self-esteem is directly tied to their earnings. And as the photo indicates, Scrooge McDuck really seems to enjoy money. Taking gold coins from Scrooge and giving them to a poor monk would not necessarily increase happiness, even in the everyday psychological sense. [“Can We Compare People’s Utilities?,” Mises Canada, May 22, 2015]

See also David Henderson’s “Murphy on Interpersonal Utility Comparisons” (EconLog, May 22, 2015) and Henderson’s earlier posts on the subject, to which he links. Finally, see my comment on an earlier post by Henderson, in which he touches on the related issue of cost-benefit analysis.

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Here’s a slice of what Robert Tracinski has to say about “reform conservatism”:

The key premise of this non-reforming “reform conservatism” is the idea that it’s impossible to really touch the welfare state. We might be able to alter its incentives and improve its clanking machinery, but only if we loudly assure everyone that we love it and want to keep it forever.

And there’s the problem. Not only is this defeatist at its core, abandoning the cause of small government at the outset, but it fails to address the most important problem facing the country.

“Reform conservatism” is an answer to the question: how can we promote the goal of freedom and small government—without posing any outright challenge to the welfare state? The answer: you can’t. All you can do is tinker around the edges of Leviathan. And ultimately, it won’t make much difference, because it will all be overwelmed in the coming disaster. [“Reform Conservatism Is an Answer to the Wrong Question,” The Federalist, May 22, 2015]

Further, as I observe in “How to Eradicate the Welfare State, and How Not to Do It,” the offerings of “reform conservatives”

may seem like reasonable compromises with the left’s radical positions. But they are reasonable compromises only if you believe that the left wouldn’t strive vigorously to undo them and continue the nation’s march toward full-blown state socialism. That’s the way leftists work. They take what they’re given and then come back for more, lying and worse all the way.

See also Arnold Kling’s “Reason Roundtable on Reform Conservatism” (askblog, May 22, 2015) and follow the links therein.

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I’ll end this installment with a look at science and the anti-scientific belief in catastrophic anthropogenic global warming.

Here’s Philip Ball in “The Trouble With Scientists“:

It’s likely that some researchers are consciously cherry-picking data to get their work published. And some of the problems surely lie with journal publication policies. But the problems of false findings often begin with researchers unwittingly fooling themselves: they fall prey to cognitive biases, common modes of thinking that lure us toward wrong but convenient or attractive conclusions. “Seeing the reproducibility rates in psychology and other empirical science, we can safely say that something is not working out the way it should,” says Susann Fiedler, a behavioral economist at the Max Planck Institute for Research on Collective Goods in Bonn, Germany. “Cognitive biases might be one reason for that.”

Psychologist Brian Nosek of the University of Virginia says that the most common and problematic bias in science is “motivated reasoning”: We interpret observations to fit a particular idea. Psychologists have shown that “most of our reasoning is in fact rationalization,” he says. In other words, we have already made the decision about what to do or to think, and our “explanation” of our reasoning is really a justification for doing what we wanted to do—or to believe—anyway. Science is of course meant to be more objective and skeptical than everyday thought—but how much is it, really?

Whereas the falsification model of the scientific method championed by philosopher Karl Popper posits that the scientist looks for ways to test and falsify her theories—to ask “How am I wrong?”—Nosek says that scientists usually ask instead “How am I right?” (or equally, to ask “How are you wrong?”). When facts come up that suggest we might, in fact, not be right after all, we are inclined to dismiss them as irrelevant, if not indeed mistaken….

Given that science has uncovered a dizzying variety of cognitive biases, the relative neglect of their consequences within science itself is peculiar. “I was aware of biases in humans at large,” says [Chris] Hartgerink [of Tilburg University in the Netherlands], “but when I first ‘learned’ that they also apply to scientists, I was somewhat amazed, even though it is so obvious.”…

One of the reasons the science literature gets skewed is that journals are much more likely to publish positive than negative results: It’s easier to say something is true than to say it’s wrong. Journal referees might be inclined to reject negative results as too boring, and researchers currently get little credit or status, from funders or departments, from such findings. “If you do 20 experiments, one of them is likely to have a publishable result,” [Ivan] Oransky and [Adam] Marcus [who run the service Retraction Watch] write. “But only publishing that result doesn’t make your findings valid. In fact it’s quite the opposite.”9 [Nautilus, May 14, 2015]

Zoom to AGW. Robert Tracinski assesses the most recent bit of confirmation bias:

A lot of us having been pointing out one of the big problems with the global warming theory: a long plateau in global temperatures since about 1998. Most significantly, this leveling off was not predicted by the theory, and observed temperatures have been below the lowest end of the range predicted by all of the computerized climate models….

Why, change the data, of course!

Hence a blockbuster new report: a new analysis of temperature data since 1998 “adjusts” the numbers and magically finds that there was no plateau after all. The warming just continued….

How convenient.

It’s so convenient that they’re signaling for everyone else to get on board….

This is going to be the new party line. “Hiatus”? What hiatus? Who are you going to believe, our adjustments or your lying thermometers?…

The new adjustments are suspiciously convenient, of course. Anyone who is touting a theory that isn’t being borne out by the evidence and suddenly tells you he’s analyzed the data and by golly, what do you know, suddenly it does support his theory—well, he should be met with more than a little skepticism.

If we look, we find some big problems. The most important data adjustments by far are in ocean temperature measurements. But anyone who has been following this debate will notice something about the time period for which the adjustments were made. This is a time in which the measurement of ocean temperatures has vastly improved in coverage and accuracy as a whole new set of scientific buoys has come online. So why would this data need such drastic “correcting”?

As climatologist Judith Curry puts it:

The greatest changes in the new NOAA surface temperature analysis is to the ocean temperatures since 1998. This seems rather ironic, since this is the period where there is the greatest coverage of data with the highest quality of measurements–ARGO buoys and satellites don’t show a warming trend. Nevertheless, the NOAA team finds a substantial increase in the ocean surface temperature anomaly trend since 1998.

….

I realize the warmists are desperate, but they might not have thought through the overall effect of this new “adjustment” push. We’ve been told to take very, very seriously the objective data showing global warming is real and is happening—and then they announce that the data has been totally changed post hoc. This is meant to shore up the theory, but it actually calls the data into question….

All of this fits into a wider pattern: the global warming theory has been awful at making predictions about the data ahead of time. But it has been great at going backward, retroactively reinterpreting the data and retrofitting the theory to mesh with it. A line I saw from one commenter, I can’t remember where, has been rattling around in my head: “once again, the theory that predicts nothing explains everything.” [“Global Warming: The Theory That Predicts Nothing and Explains Everything,” The Federalist, June 8, 2015]

Howard Hyde also weighs in with “Climate Change: Where Is the Science?” (American Thinker, June 11, 2015).

Bill Nye, the so-called Science Guy, seems to epitomize the influence of ideology on “scientific knowledge.”  I defer to John Derbyshire:

Bill Nye the Science Guy gave a commencement speech at Rutgers on Sunday. Reading the speech left me thinking that if this is America’s designated Science Guy, I can be the nation’s designated swimsuit model….

What did the Science Guy have to say to the Rutgers graduates? Well, he warned them of the horrors of climate change, which he linked to global inequality.

We’re going to find a means to enable poor people to advance in their societies in countries around the world. Otherwise, the imbalance of wealth will lead to conflict and inefficiency in energy production, which will lead to more carbon pollution and a no-way-out overheated globe.

Uh, given that advanced countries use far more energy per capita than backward ones—the U.S.A. figure is thirty-four times Bangladesh’s—wouldn’t a better strategy be to keep poor countries poor? We could, for example, encourage all their smartest and most entrepreneurial people to emigrate to the First World … Oh, wait: we already do that.

The whole climate change business is now a zone of hysteria, generating far more noise—mostly of a shrieking kind—than its importance justifies. Opinions about climate change are, as Greg Cochran said, “a mark of tribal membership.” It is also the case, as Greg also said, that “the world is never going to do much about in any event, regardless of the facts.”…

When Ma Nature means business, stuff happens on a stupendously colossal scale.  And Bill Nye the Science Guy wants Rutgers graduates to worry about a 0.4ºC warming over thirty years? Feugh.

The Science Guy then passed on from the dubiously alarmist to the batshit barmy.

There really is no such thing as race. We are one species … We all come from Africa.

Where does one start with that? Perhaps by asserting that: “There is no such thing as states. We are one country.”

The climatological equivalent of saying there is no such thing as race would be saying that there is no such thing as weather. Of course there is such a thing as race. We can perceive race with at least three of our five senses, and read it off from the genome. We tick boxes for it on government forms: I ticked such a box for the ATF just this morning when buying a gun.

This is the Science Guy? The foundational text of modern biology bears the title On the Origin of Species by Means of Natural Selection, or the Preservation of Favored Races in the Struggle for Life. Is biology not a science?

Darwin said that populations of a species long separated from each other will diverge in their biological characteristics, forming races. If the separation goes on long enough, any surviving races will diverge all the way to separate species. Was Ol’ Chuck wrong about that, Mr. Science Guy?

“We are one species”? Rottweilers and toy poodles are races within one species, a species much newer than ours; yet they differ mightily, not only in appearance but also—gasp!—in behavior, intelligence, and personality. [“Nye Lied, I Sighed,” Taki’s Magazine, May 21, 2015]

This has gone on long enough. Instead of quoting myself, I merely refer you to several related posts:

Demystifying Science
AGW: The Death Knell
Evolution and Race
The Limits of Science (II)
The Pretence of Knowledge
“The Science Is Settled”
The Limits of Science, Illustrated by Scientists
Rationalism, Empiricism, and Scientific Knowledge
AGW in Austin?

Signature

1963: The Year Zero

[A] long habit of not thinking a thing WRONG, gives it a superficial appearance of being RIGHT…. Time makes more converts than reason.

Thomas Paine, Common Sense

If ignorance and passion are the foes of popular morality, it must be confessed that moral indifference is the malady of the cultivated classes. The modern separation of enlightenment and virtue, of thought and conscience, of the intellectual aristocracy from the honest and common crowd is the greatest danger that can threaten liberty.

Henri Frédéric Amiel, Journal

The Summer of Love ignited the loose, Dionysian culture that is inescapable today. The raunch and debauchery, radical individualism, stylized non-conformity, the blitzkrieg on age-old authorities, eventually impaired society’s ability to function.

Gilbert T. Sewall, “Summer of Love, Winter of Decline

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If, like me, you were an adult when John F. Kennedy was assassinated, you may think of his death as a watershed moment in American history. I say this not because I’m an admirer of Kennedy the man (I am not), but because American history seemed to turn a corner when Kennedy was murdered. To take the metaphor further, the corner marked the juncture of a sunny, tree-lined street (America from the end of World War II to November 22, 1963) and a dingy, littered street (America since November 22, 1963).

Changing the metaphor, I acknowledge that the first 18 years after V-J Day were by no means halcyon, but they were the spring that followed the long, harsh winter of the Great Depression and World War II. Yes, there was the Korean War, but that failure of political resolve was only a rehearsal for later debacles. McCarthyism, a political war waged (however clumsily) on America’s actual enemies, was benign compared with the war on civil society that began in the 1960s and continues to this day. The threat of nuclear annihilation, which those of you who were schoolchildren of the 1950s will remember well, had begun to subside with the advent of JFK’s military policy of flexible response, and seemed to evaporate with JFK’s resolution of the Cuban Missile Crisis (however poorly he managed it). And for all of his personal faults, JFK was a paragon of grace, wit, and charm — a movie-star president — compared with his many successors, with the possible exception of Ronald Reagan, who had been a real movie star.

What follows is an impression of America since November 22, 1963, when spring became a long, hot summer, followed by a dismal autumn and another long, harsh winter — not of deprivation, and perhaps not of war, but of rancor and repression.

This petite histoire begins with the Vietnam War and its disastrous mishandling by LBJ, its betrayal by the media, and its spawning of the politics of noise. “Protests” in public spaces and on campuses are a main feature of the politics of noise. In the new age of instant and sympathetic media attention to “protests,” civil and university authorities often refuse to enforce order. The media portray obstructive and destructive disorder as “free speech.” Thus do “protestors” learn that they can, with impunity, inconvenience and cow the masses who simply want to get on with their lives and work.

Whether “protestors” learned from rioters, or vice versa, they learned the same lesson. Authorities, in the age of Dr. Spock, lack the guts to use force, as necessary, to restore civil order. (LBJ’s decision to escalate gradually in Vietnam — “signaling” to Hanoi — instead of waging all-out war was of a piece with the “understanding” treatment of demonstrators and rioters.) Rioters learned another lesson — if a riot follows the arrest, beating, or death of a black person, it’s a “protest” against something (usually white-racist oppression, regardless of the facts), not wanton mayhem. After a lull of 21 years, urban riots resumed in 1964, and continue to this day.

LBJ’s “Great Society” marked the resurgence of FDR’s New Deal — with a vengeance — and the beginning of a long decline of America’s economic vitality. The combination of the Great Society (and its later extensions, such as Medicare Part D and Obamacare) with the rampant growth of regulatory activity has cut the rate of economic growth from 5 percent to 2 percent.  The entrepreneurial spirit has been crushed; dependency has been encouraged and rewarded; pension giveaways have bankrupted public treasuries across the land. America since 1963 has been visited by a perfect storm of economic destruction that seems to have been designed by America’s enemies.

The Civil Rights Act of 1964 unnecessarily crushed property rights, along with freedom of association, to what end? So that a violent, dependent, Democrat-voting underclass could arise from the Great Society? So that future generations of privilege-seekers could cry “discrimination” if anyone dares to denigrate their “lifestyles”? There was a time when immigrants and other persons who seemed “different” had the good sense to strive for success and acceptance as good neighbors, employees, and merchants. But the Civil Rights Act of 1964 and its various offspring — State and local as well as federal — are meant to short-circuit that striving and to force acceptance, whether or not a person has earned it. The vast, silent majority is caught between empowered privilege-seekers and powerful privilege-granters. The privilege-seekers and privilege-granters are abetted by dupes who have, as usual, succumbed to the people’s romance — the belief that government represents society.

Presidents, above all, like to think that they represent society. What they represent, of course, are their own biases and the interests to which they are beholden. Truman, Ike, and JFK were imperfect presidential specimens, but they are shining idols by contrast with most of their successors. The downhill slide from the Vietnam and the Great Society to Obamacare and lawlessness on immigration has been punctuated by many shameful episodes; for example:

  • LBJ — the botched war in Vietnam, repudiation of property rights and freedom of association (the Civil Rights Act)
  • Nixon — price controls, Watergate
  • Carter — dispiriting leadership and fecklessness in the Iran hostage crisis
  • Reagan — bugout from Lebanon, rescue of Social Security
  • Bush I — failure to oust Saddam when it could have been done easily, the broken promise about taxes
  • Clinton — bugout from Somalia, push for an early version of Obamacare, budget-balancing at the cost of defense, and perjury
  • Bush II — No Child Left Behind Act, Medicare Part D, the initial mishandling of Iraq, and Wall Street bailouts
  • Obama — stimulus spending, Obamacare, reversal of Bush II’s eventual success in Iraq, naive backing for the “Arab spring,”  acquiescence to Iran’s nuclear ambitions, unwillingness to acknowledge or do anything about the expansionist aims of Russia and China, neglect or repudiation of traditional allies (especially Israel), and refusal to take care that the immigration laws are executed faithfully.

Only Reagan’s defense buildup and its result — victory in the Cold War — stands out as a great accomplishment. But the victory was squandered: The “peace dividend” should have been peace through continued strength, not unpreparedness for the post 9/11 wars and the resurgence of Russia and China.

The war on defense has been accompanied by a war on science. The party that proclaims itself the party of science is anything but that. It is the party of superstitious, Luddite anti-science. Witness the embrace of extreme environmentalism, the arrogance of proclamations that AGW is “settled science,” unjustified fear of genetically modified foodstuffs, the implausible doctrine that race is nothing but a social construct, and on and on.

With respect to the nation’s moral well-being, the most destructive war of all has been the culture war, which assuredly began in the 1960s. Almost overnight, it seems, the nation was catapulted from the land of Ozzie and Harriet, Father Knows Best, and Leave It to Beaver to the land of the free- filthy-speech movement, Altamont, Woodstock, Hair, and the unspeakably loud, vulgar, and violent offerings that are now plastered all over the air waves, the internet, theater screens, and “entertainment” venues.

Adherents of the ascendant culture esteem protest for its own sake, and have stock explanations for all perceived wrongs (whether or not they are wrongs): racism, sexism, homophobia, Islamophobia, hate, white privilege, inequality (of any kind), Wall  Street, climate change, Zionism, and so on.

Then there is the campaign to curtail freedom of speech. This purported beneficiaries of the campaign are the gender-confused and the easily offended (thus “microagressions” and “trigger warnings”). The true beneficiaries are leftists. Free speech is all right if it’s acceptable to the left. Otherwise, it’s “hate speech,” and must be stamped out. This is McCarthyism on steroids. McCarthy, at least, was pursuing actual enemies of liberty; today’s leftists are the enemies of liberty.

There’s a lot more, unfortunately. The organs of the state have been enlisted in an unrelenting campaign against civilizing social norms. As I say here,

we now have not just easy divorce, subsidized illegitimacy, and legions of non-mothering mothers, but also abortion, concerted (and deluded) efforts to defeminize females and to neuter or feminize males, forced association (with accompanying destruction of property and employment rights), suppression of religion, absolution of pornography, and the encouragement of “alternative lifestyles” that feature disease, promiscuity, and familial instability. The state, of course, doesn’t act of its own volition. It acts at the behest of special interests — interests with a “cultural” agenda….  They are bent on the eradication of civil society — nothing less — in favor of a state-directed Rousseauvian dystopia from which morality and liberty will have vanished, except in Orwellian doublespeak.

If there are unifying themes in this petite histoire, they are the death of common sense and the rising tide of moral vacuity — thus the epigrams at the top of the post. The history of the United States since 1963 supports the proposition that the nation is indeed going to hell in a handbasket.

Read on.

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Related reading:

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Related posts:

Refuting Rousseau and His Progeny
Killing Free Speech in Order to Save It
The Adolescent Rebellion Syndrome
The Ruinous Despotism of Democracy
Academic Bias
The F-Scale Revisited
The Modern Presidency: A Tour of American History
The People’s Romance
Intellectuals and Capitalism
On Liberty
Greed, Cosmic Justice, and Social Welfare
Positive Rights and Cosmic Justice
Liberalism and Sovereignty
The Interest-Group Paradox
Getting It Wrong and Right about Iran
The Real Constitution and Civil Disobedience
The State of the Union 2010
The Shape of Things to Come
Sexist Nonsense
The Constitution: Original Meaning, Corruption, and Restoration
Delusions of Preparedness
Inside-Outside
Asymmetrical (Ideological) Warfare
A Grand Strategy for the United States
The Folly of Pacifism
The Unconstitutionality of the Individual Mandate
“Intellectuals and Society”: A Review
Does the Power to Tax Give Congress Unlimited Power?
Does Congress Have the Power to Regulate Inactivity?
Is the Anger Gone?
Government vs. Community
Social Justice
The Left’s Agenda
More Social Justice
Why We Should (and Should Not) Fight
Rating America’s Wars
The Public-School Swindle
The Evil That Is Done with Good Intentions
Transnationalism and National Defense
Luck-Egalitarianism and Moral Luck
The Left and Its Delusions
In Defense of Wal-Mart
The Destruction of Society in the Name of “Society”
The Folly of Pacifism, Again
An Economist’s Special Pleading: Affirmative Action for the Ugly
September 20, 2001: Hillary Clinton Signals the End of “Unity”
The War on Terror, As It Should Have Been Fought
Obamacare: Neither Necessary nor Proper
The Spoiled Children of Capitalism
Politics, Sophistry, and the Academy
Subsidizing the Enemies of Liberty
Defense as an Investment in Liberty and Prosperity
Our Perfect, Perfect Constitution
Free Will, Crime, and Punishment
Constitutional Confusion
Obamacare, Slopes, Ratchets, and the Death-Spiral of Liberty
Obamacare and Zones of Liberty
Race and Reason: The Achievement Gap — Causes and Implications
Obama’s Big Lie
Liberty and Society
The Eclipse of “Old America”
The Capitalist Paradox Meets the Interest-Group Paradox
Genetic Kinship and Society
America: Past, Present, and Future
Defending Liberty against (Pseudo) Libertarians
Left-Libertarians, Obama, and the Zimmerman Case
“Conversing” about Race
The Fallacy of Human Progress
Fighting Modernity
Political Correctness vs. Civility
IQ, Political Correctness, and America’s Present Condition
AGW: The Death Knell
The Barbarians Within and the State of the Union
Defining Liberty
The World Turned Upside Down
“We the People” and Big Government
Evolution and Race
The Culture War
Defense Spending: One More Time
The Fall and Rise of American Empire
Some Inconvenient Facts about Income Inequality
Modern Liberalism as Wishful Thinking
Mass (Economic) Hysteria: Income Inequality and Related Themes
Presidential Treason
Getting Liberty Wrong
Romanticizing the State
The Limits of Science (II)
The Pretence of Knowledge
“The Science Is Settled”
“Wading” into Race, Culture, and IQ
“Liberalism” and Personal Responsibility
Income Inequality and Economic Growth
Round Up the Usual Suspects
Walking the Tightrope Reluctantly
Poverty, Crime, and Big Government
Evolution, Culture, and “Diversity”
A Case for Redistribution, Not Made
Greed, Conscience, and Big Government
Ruminations on the Left in America
The Harmful Myth of Inherent Equality
My View of Libertarianism
Crime Revisited
Getting “Equal Protection” Right
McCloskey on Piketty
The Rahn Curve Revisited
The Slow-Motion Collapse of the Economy
A Cop-Free World?
Nature, Nurture, and Inequality
Tolerance
How to Eradicate the Welfare State, and How Not to Do It
Does Obama Love America?
The Real Burden of Government
No Wonder Liberty Is Disappearing
Diminishing Marginal Utility and the Redistributive Urge
How to Protect Property Rights and Freedom of Association and Expression
Obamanomics in Action
Democracy, Human Nature, and the Future of America
Rationalism, Empiricism, and Scientific Knowledge
The Gaystapo at Work
The Gaystapo and Islam
AGW in Austin?

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Good Riddance

When I read that Angie’s List had protested Indiana’s Religious Freedom Restoration Act by withdrawing a proposal before the Indianapolis City Council to expand its headquarters, I sent the following message to Angie’s List:

Knock it off. It’s tiresome and irksome. I subscribe to Angie’s List for information about local merchants. If one cent of my subscription fee goes toward your political posturing, I’m being short-changed.

The reply was (expectedly) replete with doublespeak; for example:

The company is putting the [expansion] project on hold until it can fully understand the implications of the freedom restoration act on its employees, both current and future.

Angie’s List has a number of employees who are members of unrepresented groups. The expansion project calls for Angie’s List to make a substantial commitment to hiring.  We are concerned that this bill may create an atmosphere where it will be difficult for us to retain and attract talent.

“Unrepresented groups” seem to have plenty of representation. If Angie’s List is really worried about the “atmosphere” in Indiana, it should leave Indiana, not just delay an expansion project. As I said: posturing.

A lot of other subscribers to Angie’s List must have complained, with this result:

Bill Oesterle, co-founder and chief executive of Angie’s List, announced he is stepping down from his position just weeks after the company took an outspoken stance against Indiana’s Religious Freedom Restoration Act.

Oesterle’s announcement comes after Angie’s List decided to withdraw a proposal before the Indianapolis City Council to expand its headquarters….

Oesterle told TheStatehouseFile.com the debate over religious liberty “came at a time when I was naturally thinking about what I might do for the rest of my life.”

“So I came to just the obvious realization that you have to pick,” said Oesterle. “You have to be a public company CEO or you can go work on political and social issues. You can’t do both.”

The Daily Signal previously reported the American Family Association and Family Research Council called for supporters of religious freedom to “Take Angie Off Your List” in a boycott of the company.

Tony Perkins, president of Family Research Council, said in a statement that Oesterle “jumped on the left’s misinformation bandwagon, using his company as leverage in the fight against religious liberty.”

“His position as CEO, he explained, is ‘incompatible’ with his political involvement–a view that was no doubt reinforced courtesy of former subscribers,” said Perkins.

I hope that Brandon Eich is enjoying a bit of schadenfreude. I must admit that I am.

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Not-So-Random Thoughts (XIV)

UPDATED 04/19/15 WITH THE ADDITION OF TWO ENTRIES

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

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Paul Mirengoff explores the similarities between Neville Chamberlain and Barack Obama; for example:

We see with Chamberlain the same curious dynamic present in the Obama presidency. At home, a tough-as-nails administration/political machine that takes no prisoners and rarely compromises; abroad, a feckless operation with a pattern of caving to belligerent adversaries. [Neville Chamberlain and Barack Obama: The Similarities Run Deep,” Powerline Blog, April 15, 2014]

See also John Hinderaker’s Powerline post, “Daniel Pipes: The Obama Doctrine Serves Up One Disaster After Another” (April 6, 2015), and a piece by Eileen F. Toplansky,”Obama’s Three Premises” (American Thinker, April 20, 2015).

What is Obama up to? For my take, see “Does Obama Love America?

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If it were possible to convince a climate alarmist that he is wrong, Christopher Monckton of Brenchley is the man for the job:

What Evidence,” asks Ronald Bailey’s headline (www.reason.com, April 3, 2015), “Would Convince You That Man-Made Climate Change Is Real?

The answer: a rational, scientific case rooted in established theory and data would convince me that manmade climate change is a problem. That it is real is not in doubt, for every creature that breathes out emits CO2 and thus affects the climate.

The true scientific question, then, is not the fatuous question whether “Man-Made Climate Change Is Real” but how much global warming our sins of emission may cause, and whether that warming might be more a bad thing than a good thing.

However, Mr Bailey advances no rational case. What, then, are the elements of a rational, scientific case that our influence on the climate will prove dangerous unless the West completes its current self-shutdown?… [How to Convince a Climate Skeptic He’s Wrong,” Watts Up With That, April 9, 2015]

There follows a step-by-step dismantling of Mr. Bailey’s case for alarmism. Lord Monckton ends with this:

[I]f Mr Bailey does me the courtesy of reading the above, he will realize that temperatures are not rising by much, glacial ice-melt (if occurring) is on too small a scale to raise sea level by much, global sea ice extent shows little change in two generations, ditto northern-hemisphere snow cover, there has been little increase in rainfall and (according to the IPCC) little evidence for “stronger rainstorms”, and the ocean warming is so small that it falls within the considerable measurement error.

The evidence he adduces is questionable at best on every count. The Temple of Thermageddon will have to do better than that if it wants to convince us in the teeth of the evidence….

…[N]o rational scientific or economic case can be made for taking any action whatsoever today in a probably futile and certainly cost-ineffective attempt to make global warming that is not happening as predicted today go away the day after tomorrow.

The correct policy to address what is likely to prove a non-problem – and what, even if it were every bit as much of a problem as the tax-gobblers would wish, could not by even their most creative quantitative easing be cost-effectively solved by any attempt at mitigation – is to have the courage to do nothing now and adapt later if necessary.

The question is why, in the teeth of the scientific and economic evidence, nearly all of the global governing class were so easily taken in or bought out or both by the strange coalescence of powerful vested interests who have, until now, profited so monstrously by the biggest fraud in history at such crippling expense in lives and treasure to the rest of us, and at such mortal threat to the integrity and trustworthiness of science itself. [Ibid.]

My own modest effort to quell climate alarmism is summarized in “AGW: The Death Knell.”

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Steve Sailer has some fun with the latest bit of experimental hocus-pocus by the intelligence-isn’t-heritable crowd, as interpreted by a reporter for The Washington Post:

In the last few years, there appears to have been a decision to blame racial differences in intelligence on differences in income level, although, of course, that’s not very plausible. That’s what people said way back in 1965, but then the federal Coleman Report of 1966 showed that affluent black students weren’t setting the world on fire academically on average, and vast amounts of data have accumulated validating the Coleman Report ever since.

But a half century later we’re back to asserting the same untested theories as in 1965….

Allow me to point out that a national newspaper has asked a couple of guys who know what they are talking about to punch holes in the latest bit of goodthink and, as of press time, the American public hasn’t dug up Hitler’s DNA and elected it President. So maybe we’re actually mature enough to discuss reality rather than lie all the time?…

Six decades from now, the Education Secretary of the hereditary Bush-Clinton Administration will be declaring the key periods for federal intervention are the eight months and 29 days before birth … but not a day sooner! [Charles Murray and James Thompson Asked Their Opinions in ‘Post’ Article on Brain Size; World Hasn’t Ended, Yet,” The Unz Review, April 15, 2015]

Along the way, Sailer links to Dr. James Thompson’s post about the article in question. There’s a followup post by Thompson, and this one is good, too. See also this post by Sailer.

Gregory Cochran has a related post (“Scanners Live in Vain,” West Hunter, March 31, 2015), where he says this about the paper and the reporting about it:

There is a new paper out in Nature Neuroscience,  mainly by Kimberly Noble, on socioeconomic variables and and brain structure:  Family income, parental education and brain structure in children and adolescents. They found that cortex area went up with income, although more slowly at high incomes.  Judging from their comments to the press, the authors think that being poor shrinks your brain.

Of course, since intelligence is highly heritable, and since people in higher social classes, or with high income, have higher average IQs (although not nearly as high as I would like), you would expect their kids to be, on average, smarter than kids from low-income groups (and have larger brains, since brain size is correlated with IQ) for genetic reasons.  But I guess the authors of this paper have never heard of  any of that – which raises the question, did they scan the brains of the authors?  Because that would have been interesting.  You can actually do microscopic MRI.

Even better, in talking to Nature, another researcher, Martha Farah,  mentions unpublished work that shows that the brain-size correlation with SES  is already there (in African-American kids) by age one month!

Of course, finding that the pattern already exists at the age of one month seriously weakens any idea that being poor shrinks the brain: most of the environmental effects you would consider haven’t even come into play in the first four weeks, when babies drink milk, sleep, and poop. Genetics affecting both parents and their children would make more sense, if the pattern shows up so early (and I’ll bet money that, if real,  it shows up well before one month);  but Martha Farah, and the reporter from Nature, Sara Reardon, ARE TOO FUCKING DUMB to realize this.

And John Ray points to this:

Quick thinkers are born not made, claim scientists.

They have discovered a link between our genes and the ability to remain mentally on the ball in later life.

It is the first time a genetic link has been shown to explain why some people have quick thinking skills.

Researchers identified a common genetic variant – changes in a person’s genetic code – related to how quickly a person is able to process new information. [Jenny Hope, “Quick Thinkers Are Born Not Made: The Speed at Which We Process New Information Is Written in Our Genes,” DailyMail.com, April 16, 2015]

Dr. Ray links to the underlying studies, here.

I’ve probably said more than I should say about the heritability of intelligence in “Race and Reason: The Achievement Gap — Causes and Implications,” “Evolution and Race,” “‘Wading’ into Race, Culture, and IQ,” and “The Harmful Myth of Inherent Equality.”

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Speaking of equality, or the lack thereof, Daniel Bier explains “How Piketty Manufactured Rising [Wealth] Inequality in 6 Steps” (Foundation for Economic Education, April 9, 2015):

Piketty’s chart on US wealth inequality displayed a trend that none of its original sources showed. Worst of all, he didn’t tell his readers that he had done any of this, much less explained his reasoning.

But now Magness has deconstructed the chart and shown, step by step, how Piketty tortured his sources into giving him the result he wanted to see….

If your methods can produce opposite results using the same sources, depending entirely on your subjective judgment, you’re not doing science — you’re doing a Choose Your Own Adventure story where you start from the conclusion and work backwards.

Now that you’ve seen how it’s done, you too can “piketty” your data and massage your narrative into selling 1.5 million books — that almost no one will actually read, but will be widely cited as justification for higher taxes nonetheless.

Committed leftists will ignore Piketty’s step back from extreme redistributionism, which I discussed in “Not-So-Random Thoughts (XIII).”

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Committed leftists will lament the predicate of “Has Obamacare Turned Voters Against Sharing the Wealth?” (The New York Times, April 15, 2015). The author of the piece, Thomas B. Edsall (formerly of The Washington Post), clearly laments the possibility. (I do not, of course.) Edsall’s article is full of good news (for me); for example:

In 2006, by a margin of more than two to one, 69-28, those surveyed by Gallup said that the federal government should guarantee health care coverage for all citizens of the United States. By late 2014, however, Gallup found that this percentage had fallen 24 points to 45 percent, while the percentage of respondents who said health care is not a federal responsibility nearly doubled to 52 percent.

Edsall’s main worry seems to be how such a mood shift will help Republicans. Evidently, he doesn’t care about taxpayers, people who earn their income, or economic growth, which is inhibited by redistribution from “rich” to “poor.” But what else is new? Edsall is just another representative of the elite punditariat — a member of the “top” part of the left’s “top and bottom” coalition.

Edsall and his ilk should be worried. See, for example, “The Obamacare Effect: Greater Distrust of Government” (the title tells the tale) and “‘Blue Wall’ Hype” which debunks the idea that Democrats have a lock on the presidency.

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The question of nature vs. nurture, which I touched on three entries earlier, is closely related to the question of innate ability vs. effort as the key to success in a field of endeavor. “Scott Alexander” of Slate Star Codex has written at length about innate ability vs. effort in two recent posts: “No Clarity Around Growth Mindset…Yet” and “I Will Never Have the Ability to Clearly Explain My Beliefs about Growth Mindset.” (That should be “to explain clearly.”)

This is from the first-linked post:

If you’re not familiar with it, growth mindset is the belief that people who believe ability doesn’t matter and only effort determines success are more resilient, skillful, hard-working, perseverant in the face of failure, and better-in-a-bunch-of-other-ways than people who emphasize the importance of ability. Therefore, we can make everyone better off by telling them ability doesn’t matter and only hard work does.

This is all twaddle, as “Alexander” shows, more or less, in his two very long posts. My essay on the subject is a lot shorter and easier to grasp: “The Harmful Myth of Inherent Equality.”

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ENTRIES ADDED 04/19/15:

Obamacare, not unsurprisingly to me, has led to the rationing of health care, according to Bob Unruh’s “Obamacare Blocks Patients Paying for Treatment” (WND, March 6, 2014). And Aleyne Singer delivers “More Proof Obamacare Is Increasing Coverage but Not Access to Health Care” (The Daily Signal, December 9, 2014).

None of this should surprise anyone who thought about the economics of Obamacare, as I did in “Rationing and Health Care,” “The Perils of Nannyism: The Case of Obamacare,” “More about the Perils of Obamacare,” and “Health-Care Reform: The Short of It.”

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Ben Bernanke asks “Why Are Interest Rates So Low?” (Ben Bernanke’s Blog, March 30, 2015). His answer? In so many words, business is bad, which means that the demand for capital financing is relatively weak. But in a followup post, “Why Are Interest Rates So Low, Part 2: Secular Stagnation” (Ben Bernanke’s Blog, March 31, 2015), Bernanke argues that the problem isn’t secular stagnation.

I agree that interest rates are low because the economy remains weak, despite some recovery from the nadir of the Great Recession. But, unlike Bernanke, I don’t expect the economy to make a full recovery — and I’m talking about real growth, not phony unemployment-rate recovery. Why Not? See “Obamanomics in Action” and “The Rahn Curve Revisited.” The economy will never grow to its potential as long as the dead hand of government continues to press down on it.

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How to Protect Property Rights and Freedom of Association and Expression

Opposition to Indiana’s Religious Freedom Restoration Act is more than another battle in the culture war. It continues a trend that began with the passage of the Civil Rights Act of 1964: suppression of the rights of Americans to use their property as they see fit, to associate with whom they please, and to oppose elite opinion. (UPDATE 04/02/15: John Derbyshire puts a lot of flesh on the bare bones of the preceding sentences. By contrast, Andrew Napolitano — that pseudo-libertarian windbag — manages to get it wrong, as usual, by praising the Civil Rights Act of 1964 and its theft of property rights and denial of freedom of association. UPDATE 04/05/15: Warren Meyer cuts through the baloney.)

It is past time to put a stop to the trend. Liberty-loving Americans should fight back by pushing for a constitutional amendment like this:

1. Neither the United States nor any State, including its political subdivisions and educational institutions, may require any governmental entity or private person, business, or organization to discriminate against any person solely on account of that person’s age, gender, sexual preference, race, color, national origin, mental or physical condition, veteran status, political affiliation, or political views. [This is how Jim Crow laws should have been dealt with. “Solely” is meant to leave room for reasonable exceptions, such as mental qualifications for admission to a university, physical qualifications for jobs, and gender segregation in prisons and restrooms. Clauses of elaboration might be necessary.]

2. Neither the United States nor any State, including its political subdivisions and educational institutions, may require any governmental entity or private person, business, organization to sell property to, do business with, hire, promote, accept as a student, associate with, or give preference to any person, business, or organization on account of income, age, gender, sexual preference, race, color, national origin, mental or physical condition, veteran status, political affiliation, or political views. [This would rule out all kinds of preferences, including favoritism toward often-bogus minority- and women-owned business and relaxed lending practices of the kind that led to the Great Recession.]

3. Neither the United States nor any State, including its political subdivisions and educational institutions, shall initiate or continue in effect any statute, regulation, policy, or judicial decree that penalizes a private person, business, or organization for expressing a view about a person’s age, gender, sexual preference, race, color, national origin, mental or physical condition, veteran status, political affiliation, or political views. [Clauses of elaboration might be necessary to ensure that this doesn’t rule out such things as prosecutions for espionage and treason, or private actions for libel.]

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Related posts:
Academic Bias
Intellectuals and Capitalism
“Intellectuals and Society”: A Review
The Left’s Agenda
The Left and Its Delusions
The Spoiled Children of Capitalism
Politics, Sophistry, and the Academy
Subsidizing the Enemies of Liberty
Are You in the Bubble?
Not-So-Random Thoughts
The Culture War
Ruminations on the Left in America
No Wonder Liberty Is Disappearing

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Understanding Investment Bubbles

In the classic definition of gross domestic product (GDP), saving (income not spent) is always equal to investment (output allocated to capital rather than current consumption). Thus, in the simple case of an economy without government or foreign trade:

GDP = C + I = C + S

∴ I = S

Whether I represents an addition to productive capital is another matter.

Consider a self-sufficient baker who bakes 8 loaves of bread a week. He usually consumes 7 of the loaves and saves 1 in case he gets sick and isn’t able to bake enough to cover his consumption. The extra loaf is just an investment in inventory, not an investment in productive capital. To be an investment in productive capital, the baker would have to increase his rate of consumption for the purpose of fortifying himself for an expansion of his baking operation.

If the baker doesn’t get sick and his inventory of uneaten loaves continues to grow, some of the loaves will become inedible. In other words, the baker’s inventory will depreciate, and he will have wasted time and materials because he overestimated his own demand for bread.

In the extreme, if the baker never gets sick and effectively wastes a loaf of bread a week, his apparent output (GDP) is higher than his actual income — his consumption (C) — by 1 loaf a week. The baker has created an inventory “bubble” that he’s unlikely to sustain when the facts of his situation hit home. Until then, his real GDP will have been overstated because of the inventory buildup that was unwarranted by his own demand for bread.

Alternatively, the baker consumes the 8th loaf of bread every week and expends the resulting boost in energy by building another oven, which can produce another 8 loaves a week. He has invested in productive capacity, yes? Only if there is demand for the additional output. But there isn’t. After he has built the new oven, the baker reverts to his previous consumption rate — 7 loaves of bread a week — so his new oven stands idle. Superficially, the baker has invested in additional productive capacity. But in reality, he has created an investment “bubble” — the additional oven that doesn’t produce anything because there’s no demand for its output.

The inflated inventory and the unused productive capacity seem, on the surface, to represent investment. But both are bubbles: the wasted expenditure of resources (the baker’s efforts and materials). The bigger the bubble, the more waste there is.

Bubbles are inevitable in a complex economy, where there’s imperfect information about the demand for various goods and services. But markets quickly put an end to bubbles because they promptly fill information gaps.

Government interventions stifle the transmission of information, with the result that such interventions cause resources to be wasted in profusion. When government steps in to mandate low-income mortgages, for example, demand for housing is overstated to the extent that home-buyers are encouraged to buy houses which they can’t afford. Absent the mandate, fewer home-buyers would be tempted to borrow beyond their means. And fewer builders would hire workers and buy materials to construct houses that are foreclosed and stand empty for months and years.

The self-sufficient baker harms only himself when he bakes too much bread. Government harms millions of people when it pushes resources toward unsupportable uses.

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Related posts:
Mr. Greenspan Doth Protest Too Much
Monopoly: Private Is Better than Public
The Fed and Business Cycles
Government Failure: An Example
Money, Credit, and Economic Fluctuations
Lay My (Regulatory) Burden Down
“Big SIS”: A Review
How Not to Cope with Government Failure
Government in Macroeconomic Perspective
Greed, Conscience, and Big Government

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Obamacare: Five-Plus Years of Negative Ratings

Obamacare was signed into law almost five years ago. Rasmussen Reports has been polling likely voters about Obamacare since June 2009. As measured by the percentage-point difference between strong approval and strong disapproval, Obamacare has always been viewed negatively by a majority of likely voters. Here’s the story, in graphical form:

History of Obamacare ratings
For the period before Obamacare was signed into law on March 23, 2010, the values represent the percentage of respondents who strongly favored the passage of Obamacare, less the percentage of respondents who strongly opposed the passage of Obamacare. From the enactment of Obamacare to the present, the values represent the percentage of respondents who have strongly favored Obamacare or strongly opposed its repeal, minus the percentage of respondents who have strongly opposed Obamacare or strongly favored its repeal.

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Does Obama Love America?

I doubt it. The evidence for the negative is just too strong. Consider the following posts and articles, the first two of which predate the present kerfuffle:

Norman Podhoretz, “Obama’s Successful Foreign Failure,” The Wall Street Journal, September 8, 2013

Melanie Phillips, “Putin Checkmates America,” Melanie’s Blog, September 15, 2013

Paul Kengor, “Here’s the Guy Rudy Is Talking About: Frank Marshall Davis Communist Party No. 47544,” The American Spectator, February 22, 2015

Fred Siegel, “Ranting about Rudy,” City Journal, February 22, 2015

Aaron Goldstein, “For Love of Obama,” The American Spectator, February 23, 2015

Alexander Grass, “Obama the Impotent, the Infant, the Fool,” American Thinker, February 23, 2015

Ed Rogers, “The Insiders: Why Would Anyone Think Obama Doesn’t Love America? Plenty of Reasons,” The Washington Post, February 23, 2015

Carol Brown, “Barack Obama Has Identified the Enemy, and It Is Us,” American Thinker, February 24, 2015

John Steele Gordon, “Does President Obama Love This Country?,” Commentary, February 24, 2015

Jeffrey Lord, “Reagan, Like Rudy, Tied Democrats to Communists,” The American Spectator, February 24, 2015

Thomas Sowell, “Giuliani versus Obama,” The American Spectator, February 24, 2015

Pat Buchanan, “The Friend of Every Country but His Own,” The Imaginative Conservative, February 25, 2015

Bear in mind that Obama is a typical leftist. The America that he could love is a far different America than the one envisioned by the Founders, or by a large (but dwindling) fraction of today’s Americans. If you think about it, you will discern a progression — or, rather, a regression — from FDR to LBJ to Obama: from statism at home and victory abroad to statism at home and surrender abroad.

By the way, Giuliani said nothing that hadn’t already dawned on me. See, for example, “The Barbarians Within and the State of the Union.”

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Related posts:
FDR and Fascism
An FDR Reader
The People’s Romance
Intellectuals and Capitalism
Fascism
Fascism with a “Friendly” Face
Inventing “Liberalism”
The Shape of Things to Come
Fascism and the Future of America
The Indivisibility of Economic and Social Liberty
The Near-Victory of Communism
Tocqueville’s Prescience
Accountants of the Soul
Invoking Hitler
Is Liberty Possible?
The Left
Our Enemy, the State
“Intellectuals and Society”: A Review
The Left’s Agenda
The Left and Its Delusions
The Destruction of Society in the Name of “Society”
The Spoiled Children of Capitalism
Politics, Sophistry, and the Academy
Subsidizing the Enemies of Liberty
Are You in the Bubble?
Liberty and Society
Tolerance on the Left
Well-Founded Pessimism
Is There Such a Thing as Society
The Folly of Pacifism
Transnationalism and National Defense
The Folly of Pacifism, Again
Defense as an Investment in Liberty and Prosperity
Liberty and Society
Tolerance on the Left
America: Past, Present, and Future
Defending Liberty against (Pseudo) Libertarians
The Fallacy of the Reverse-Mussolini Fallacy
The Barbarians Within and the State of the Union
The World Turned Upside Down
The Fall and Rise of American Empire
Presidential Treason
“A Date Which Will Live in Infamy”
The Criminality and Psychopathy of Statism
Romanticizing the State
Ruminations on the Left in America

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The Writing on the Wall

A headline at Slate puts it this way: “The Supreme Court Just Admitted It’s Going to Rule in Favor of Marriage Equality.” Which is to say that when it comes to the legalization of same-sex “marriage”* across the United States, the writing is on the wall.

Here are some relevant passages from the Slate story:

Early Monday morning [February 9[, the Supreme Court refused to stay a federal judge’s order invalidating Alabama’s ban on same-sex marriage….

Here’s how Monday’s decision reveals the justices’ intention to strike down gay marriage bans across the country. Typically, the justices will stay any federal court ruling whose merits are currently under consideration by the Supreme Court. Under normal circumstances, that is precisely what the court would have done here: The justices will rule on the constitutionality of state-level marriage bans this summer, so they might as well put any federal court rulings on hold until they’ve had a chance to say the last word. After all, if the court ultimately ruled against marriage equality, the Alabama district court’s order would be effectively reversed, and those gay couples who wed in the coming months would find their unions trapped in legal limbo.

But that is not what the court did here. Instead, seven justices agreed, without comment, that the district court’s ruling could go into effect, allowing thousands of gay couples in Alabama to wed. That is not what a court that planned to rule against marriage equality would do. By permitting these marriages to occur, the justices have effectively tipped their hand, revealing that any lower court’s pro-gay ruling will soon be affirmed by the high court itself.

Don’t believe me? Then ask Justice Clarence Thomas, who, along with Justice Antonin Scalia, dissented from Monday’s denial of a stay…. The court’s “acquiescence” to gay marriage in Alabama, Thomas wrote, “may well be seen as a signal of the Court’s intended resolution” of the constitutionality of gay marriage bans….

I suspect that Justice Thomas has it right. (I only hope that the acquiescence of Chief Justice Roberts and Justice Alito is part of a tacit deal in which their support for “marriage equality” is repaid by the evisceration of Obamacare when the Court rules in King v. Burwell.) The Court’s refusal to stay same-sex “marriage” in Alabama seems to be the writing on the wall — the foreshadowing of the Court’s decision in four related same-sex “marriage” cases.

If the Court, as now expected, rules for “marriage equality” under the rubric of “equal protection,” that will only mark the beginning of a push for other kinds of “equality.” What’s next? Here are my guesses:

  • How can polygamy fail to gain legal acceptance if the “partners” are willing adults?
  • When that’s done, the Court’s views will have evolved to the point of allowing pederasty at the urging of  NAMBLA.

Fuddy-duddies — like this one — who oppose the legalization of moral corruption will be silenced by the threat of fines and imprisonment.

Livy, the Roman historian, says this in the introduction to his history of Rome:

The subjects to which I would ask each of my readers to devote his earnest attention are these – the life and morals of the community; the men and the qualities by which through domestic policy and foreign war dominion was won and extended. Then as the standard of morality gradually lowers, let him follow the decay of the national character, observing how at first it slowly sinks, then slips downward more and more rapidly, and finally begins to plunge into headlong ruin, until he reaches these days, in which we can bear neither our diseases nor their remedies.

Livy foretold the fate of the Roman Empire. And I fear that he has also foretold the fate of the American Republic.

The writing is on the wall.
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* Why the “sneer quotes”? See “Notes about Usage” in the sidebar.

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Related posts:
Same-Sex Marriage
“Equal Protection” and Homosexual Marriage
Civil Society and Homosexual “Marriage”
Rationalism, Social Norms, and Same-Sex “Marriage”
In Defense of Marriage
The Myth That Same-Sex “Marriage” Causes No Harm
Abortion, “Gay Rights,” and Liberty
The Equal-Protection Scam and Same-Sex “Marriage”
Not-So-Random Thoughts (VIII) (first item)
The View from Here
The Culture War
The Fall and Rise of American Empire
O Tempora O Mores!
Murder Is Constitutional
Posner the Fatuous
Getting “Equal Protection” Right

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The Obamacare Effect: Greater Distrust of Government

I think it’s not a coincidence that voters’ fears of the federal government ramped up in 2013, with policy cancellations and premium hikes, and again in 2015, as fines taxes for non-coverage loom: Voters views of federal government Source: Rasmussen Reports, here, here, here, here, here, and here. Signature