February 2012

Over at the Hillsdale Natural Law Review, Tyler O’Neil has a post, “Are You Really A Libertarian?”, examining the views of one Matthew Spalding, author of the book We Still Hold These Truths, who apparently “says most libertarians aren’t Libertarians.” It’s a very confusing post, or, at least, a post about the views of a confused author. My reply, which is still being held up for moderation, is below.

Spalding’s views, as presented here, seem to me to be a very confused and incoherent. The argument switches back and forth between libertarian and Libertarian, sometimes using them as the same thing and sometimes not, and making strange definitions about creating one’s own sense of meaning, whatever that means. Perhaps the author is trying to bring in the philosophical doctrine of “libertarianism” which is more about free will but which really has nothing to do with the political philosophy of libertarianism. The “free will” use of “libertarian” is implied in passages such as this: “there is no human nature – individuals are free to form themselves into whatever they choose to become.”

In my article What Libertarianism Is, I provide an overview of the libertarian perspectives. First, we should recognize that capital-L Libertarian usually denotes someone who is a member of the Libertarian Party. Small-l libertarian means a person who accepts the main tenets of the political philosophy of libertarianism. These two sets are overlapping–some libertarians are Libertarians but not all (for example I am not a Libertarian and never have been a member of the LP); and some Libertarians are not libertarians because they are too mainstream in their acceptance of the role of the state.

Libertarianism is simply the view that aggression is unjustified, and that aggression is the invasion of property borders, where property borders are determined in accordance with (a) self-ownership, in the case of the body, and (b) Lockean homesteading, in the case of external scarce resources. The most consistent application of this view implies opposition to the state, since the state is simply institutionalized aggression. (See my What It Means To Be an Anarcho-Capitalist). That is, the consistent libertarian is an anarcho-capitalist, or what I usually refer to as anarcho-libertarian. Others who do not go quite that far are what we call minarchists.

In this sense libertarian has nothing to do with belonging to the LP (Libertarian), or with some volitional notion that “there is no human nature – individuals are free to form themselves into whatever they choose to become.” It also has little to do with the Founding Fathers who at most were types of classical liberal; and as I have argued elsewhere, thinking that the Constitution and early American government was proto-libertarian is a mistake, except in the sense that the state back then was smaller simply because it was just starting to grow. The Constitution is not libertarian and in fact is just an ambiguous, inconsistent statute drafted by special interest groups and bureaucrats with conflicting goals and ambitions, meant to establish and justify and give cover to a new and dangerous central state. A quasi-libertarian Bill of Rights was thrown in as a concession, but it just ends up giving the state even more cover for its crimes.

Update: See also Curt Doolittle’s “propertarian” reply to the Hillsdale post: Big “L” Versus Little “l” Libertarianism Defined: An post-analytical take on libertarianism for Hillsdale.

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If you receive an application for a position requiring a lot of driving or operating heavy machinery, and the applicant has a known history of alcohol or substance abuse, you’d probably be justified in turning the applicant down for the job, right?

You probably already know the answer to this, but: wrong.

A substitute bus driver for the Jefferson County, Colo., school district was cited for careless driving resulting in bodily harm after he struck three teenagers as they crossed the street on Tuesday.  The driver, David Shaw, was convicted of DUI in 1992 and according to friends had been in and out of alcohol abuse treatment as recently as 2009.

But even had the school district known this, they could not use it as grounds to terminate him, or even to make a hiring decision:

When asked whether Shaw would have been hired if the district had known he’d been in and out of addiction rehab treatment, a representative cited the American’s with Disabilities Act, which reads “‘It is illegal under state and federal disability laws to deny employment solely on the basis of a history of treatment for alcohol or substance abuse.”

Ignoring the DUI for the moment (which should have been caught in a background check), only the government could come up with employment policies which result in alcoholics driving schoolchildren around in buses.

It’s not that they shouldn’t be hired at all.  But the many-headed beast that is the Americans with Disabilities Act has made it virtually impossible to apply common sense when making hiring decisions.  And since the ADA has proved to be a potent legal weapon against businesses who have turned down or fired disabled workers, it has actually had the opposite effect it intended: employment of disabled workers have decreased steadily since passage of the ADA in 1989.  But as with most other anti-discrimination laws, merely suggesting that the ADA needs to be overhauled (or heavens forbid, repealed) makes one an enemy of the very group of people the law was intended (but failed) to protect.

More from another hater of disabled people, Cato’s Walter Olson, on the occasion of the ADA’s 20th anniversary.

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Last week, the Heritage Foundation published commentary on the number of Americans who pay income tax, and decried the fact that 49.5 percent of Americans are “not represented on a taxable return.” The Daily Mail then picked up the statistics and announced that “HALF of Americans don’t pay income tax despite crippling government debt.”

To its credit, the body of the Heritage post began with a reference to the “the sharp increase of Americans who rely on the federal government for housing, food, income, student aid or other assistance.” The emphasis of the piece, however, and thus, the emphasis of the other news outlets and pundits who have picked up on the statistic, is that too few people pay taxes.

The increase in reliance on government assistance is the problem here, not a lack of people who pay income tax.

Yet, it has become something of a right-wing talking point to claim that a declining number of taxpayers among some income groups is a nefarious development in American history.

The emphasis on the lack of taxpayers is getting the whole issue backward. The problem is the increase of income from government transfer payments. There is nothing bad whatsoever about fewer people paying income taxes.

The Conservative obsession with getting people to pay more in taxes comes from a preoccupation with class warfare in which it is assumed that if middle-class and wealthy people are paying too much in taxes (which they are), then the solution is to punish low-income people by making them pay more in taxes. It’s allegedly not “fair” if everyone is not being extorted by the state in a similar fashion.

The just solution, however, is to greatly decrease the tax burden of those paying taxes now. In a recent NPR interview, Ron Paul nicely summed up what is actually “fair”:

MR. SIEGEL: This week’s release of Mitt Romney’s taxes and President Obama’s advocacy of a millionaire’s tax raise questions about fairness in funding the government. The first question: Do you believe that income derived from dividends interest or capital gains should be taxed at a lower rate than income earned from a salary or commissions?

REP. PAUL: Well, I’d like to have everybody taxed at the same rate, and of course, my goal is to get as close to zero as possible, because there was a time in our history when we didn’t have income taxes. But when government takes it upon themselves to do so much, you have to have a tax code. But if you’re going to be the policemen of the world and run all these wars, you have to have a tax code. But as far as what the rates should be, I think it should be as low as possible for – for everybody.

It’s a safe bet that Siegel’s underlying assumption behind the question is that in order to make taxes fair, then anyone who is paying a tax bill that is too “low” should therefore have his taxes raised.

The opposite is true, as noted by Paul.

So, when Conservatives get bent out of shape about some people not paying tax, the response should be to demand lower taxes for everyone, not to complain that people aren’t paying their “fair share,” which seems to be the Conservative sentiment.

We might also note that this statistic apparently only applies to income taxes. It says nothing about payroll taxes, which for many middle-class people is by far the largest part of one’s monthly tax bill. Any teenager with his first job notices just how much those payroll taxes take out of one’s paycheck. So, to claim that people aren’t paying taxes simply because they’re not paying income tax is rather disingenuous. Since there’s no such thing as a Social Security or Medicare trust fund, payroll taxes are really just income taxes under another name.

Also, any demand for more taxation is really just a demand for increased government revenue. It’s a call for more money so government can bomb more people, bail out more banks and spread around more largesse to politically well-connected friends.

So, the focus on whether or not “enough” people are paying taxes completely misses the point. The larger point is that far too many Americans receive government benefits. Indeed, recent increases in income as measured by the BLS, reflect increases in government transfer payments, as I’ve shown here.

Ludwig von Mises wrote in Bureaucracy that a system in which a majority of the population is dependent on the government dole leads to an unstable political and economic situation, since a majority of the population then has a vested interest in increasing the power of government to redistribute wealth. While the Heritage article makes some comments in this vein, it nevertheless makes the claim that “The rapid growth of Americans who don’t pay income taxes is particularly alarming for the fate of the American form of government.” Really? By that logic, “the American form of government” would be in danger if the income tax were abolished. Oh, how did America ever survive prior to the 16th Amendment?

There is no doubt that the growth in dependency on government largesse is a serious problem, but that doesn’t mean that any American pays too little in taxes. It simply means that the government spends too much money.

The Conservative reaction to this statistic, however, seem to be: “Hey, those guys aren’t being taxed! Tax them!” This is hardly a phrase that should be uttered by anyone who claims to be for limited government.

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LibertariaNation (Italy) on the “New Wave of Libertarian Intellectuals”

by Stephan Kinsella February 23, 2012

I was contacted recently by Fabrizio Sitzia, of the Italian libertarian group LibertariaNation.org, to do an interview on IP and libertarianism; we are doing this later this afternoon. I was browsing around their site, which is in Italian but  noticed that there is an English language introduction to the group on their site here. There [...]

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Is an involuntary samaritan good? And can libertarians support a “good samaritan” law?

by Geoffrey Allan Plauché February 22, 2012

This post is a slightly revised version of two comments I left on the Bleeding Heart Libertarians blog in response to Matt Zwolinski’s post “What We Can Learn from Drowning Children.” In his post, Zwolinski takes Bryan Caplan to task for arguing that there is not much we are morally required to do for a [...]

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Can the 1 percent accept “enough”?

by Stephan Kinsella February 22, 2012

From Salon: Can the 1 percent accept “enough”? The rich can’t stop trying to justify exorbitant salaries for everyone from Wall Street bankers to college coaches Read more>> When I hear this tripe,  I am reminded of Francisco D’Anconia’s “Money Speech” in Ayn Rand’s Atlas Shrugged: “Run for your life from any man who tells [...]

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The crusade to humiliate women takes a sinister turn

by Brian Martinez February 21, 2012

If a law currently up for vote in the Virginia House passes this week and is signed by Governor Bob McDonnell, it will require many women seeking an abortion to be raped. No, you didn’t misread that. The bill, which is similar to laws passed in seven other states, requires women to undergo an ultrasound [...]

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