Separation of State and Internet

Bruce Schneier warns, "Dept of Homeland Security Wants DNSSEC keys. This is a big deal." It sounds like these are the keys to the holy of holies.

The difference in being a liberal

The only difference between me and the liberals is that I'm a liberal.^[1]

What defines a liberal?

Rights

Any liberalism that ignores rights is no liberalism. Rights make up the very core of liberalism. Randy Barnett's phrase "the presumption of liberty" nicely captures the spirit of these rights and how we may fold them into the real world of law.^[2]

The Ninth Amendment, the enumerated rights, and the Fourteenth Amendment of the US Constitution and our Declaration already recognize these boundaries. What a wonder it is to be born into an age where such documents already exist as a foundation for our laws, defining the ends and limits to government power.

"What?", you ask. "These boundaries on liberal government are already recognized in the Ninth Amendment? And the Fourteenth Amendment?" The socialist squirms, the conservative balks, the anarchist says, "Yeah, whatever..."

If a party calls itself liberal and begins trampling on rights with impunity, and so becomes a faction, it is no longer liberty-minded. It is no longer liberal. It is one thing to tax and spend in a measured, constitutional manner. It is quite another to "criminalize" innocent behavior.

I remember how shocked I was in the '80s when I first learned that the federal government had a half-century earlier criminalized monetary gold. Somehow in my fine education, this important piece of history had escaped me. I identified myself then as a liberal, in the same spirit as I do now but less discerningly. Even then I felt strongly that the bounds of liberalism clearly had been overstepped.

Independence

I despair deeply now when I hear that some states, such as Massachusetts, are making it a "crime" for an independent citizen to choose not to have state-defined "health insurance"^[3]. The argument on behalf of the state goes something like this.

Since the state is your rescuer, even when you say, "No," the state gets angry. After all, it's paying the bill. It insists.

You know the type. The guy who actually gets angry when you insist on paying your own tab. The state, in this case, is that guy.

It's a pose. This is a classic, dysfunctional victim's-triangle writ large, where the state dances between playing the roles of rescuer, victim, and perpetrator, all in the blink of an eye. We stand guilty in our innocence.

The most important right we have is the right to say no, to strive to live peacefully, to strive to live without the use of force.

Moreover, in my view a liberal ought to encourage and celebrate such independence. To tempt a citizen into dependence is a warning sign, a design to corrupt; to mandate such dependence, evidence of a design to control.

Yes, not everyone has the strength to remain independent, but liberal parties must at an absolute minimum leave open the door.

Version 1.2 (Apr 19, 2007)


Notes

1. ↑ With apologies to Salvador Dali, whose reputed quip was, "The only difference between me and the surrealists is that I'm a surrealist." Source.


2. ↑ See: Randy Barnett (2004) Restoring the Lost Constitution: The Presumption of Liberty.


3. ↑ Or, more accurately, health insulation, as described by Arnold Kling (2006) Crisis of Abundance.

Update: For more on RomneyCare, see Romney lets loose a Rhinoceros in Massachusetts.

Update: (Apr 18, 2007) An editorial at the Investor's Business Daily, Living Off of Others, dated Apr 16, speaks to the issue of tax dependency, describing where we are and its dangers. "Today, more than half of our country is dependent on Washington, continuing a trend that should disturb anyone who doesn't consider himself or herself a socialist." The final sentence reads ominously, "A dependent nation is a nation that cannot last long."

The editorial refers to an article written by Mark Trumbull in the Christian Science Monitor, Apr 16, As US tax rates drop, government's reach grows, which in turn refers to a paper by Gary Shilling.

It's my view that government taxation and dependency should be but an exception to the rule, a small fraction of activity compared to the activity of society... in the language of physics, a perturbation off of equilibrium. I find the diagram in Trumbull's article disturbing.

Update: (Apr 19, 2007) Here's a poll asking what you think would be the best, realistic tax rate 10 years from now, if we were to have a flat tax (with a reasonable poverty exemption). What should the total rate be, including all levels, local, state, and federal?

In short, what tax rate should we aim to have in 10 years?

Poll: Flat tax - what should it be in 10 years?

Update: (July 31, 2007) Bulgaria goes to a 10% flat tax.

Update (Nov 15, 2007): They're at it again.

Liberalism, socialism, and conservatism

Don't you see that the whole aim of Newspeak is to narrow the range of thought?
     George Orwell (1949) 1984

There is such confusion in the American language, making political discussion increasingly difficult. In this story one word stands out, "liberalism".

Somehow in the United States, this wonderful word has been hijacked, its oldspeak meaning thrown into the memory hole, preventing people from thinking clearly for lack of a better word.

It has become a mere euphemism in this country. This wonderful word, liberalism... a mere euphemism.

How do you explain it when people who call themselves "liberal" advocate socialism ? Conservatives love this since then they can drag the word "liberal" through the mud of socialist disasters.

The end result? Well, Trey Parker and Matt Stone summed it up quite elegantly in the South Park episode Douche and Turd, which aired just before the 2004 election. We are not alone. There are Egyptian and Russian variations on this theme, where people are presented a false choice between two factions.

So what's one to do? How can liberal parties grow in the United States? How can liberals argue for liberalism without a word to hang their hat on, without a word to have their conversations with, without a word to think with?

Back in 1955, Dean Russell from the Foundation for Economic Education (FEE) saw a way out. He claimed the "good and honorable word 'libertarian'" for liberals to use ... to avoid confusion. To good advantage... for a while. Notice how Russell clearly defined "libertarian" to mean what the word "liberal" once meant.

So, as you may have noticed, this took off. The word libertarian has entered the lexicon. Everything is fine, right? Everyone understands that libertarians are for both economic and personal freedom, the Nolan chart, yada, yada, yada...

Well, not exactly. If you call yourself a libertarian, you now risk being confused for an anarchist. You're asked, "Don't you believe in government?"

How did this happen? Liberals believe in limited government. Liberty and anarchy are distinct. Liberals argue for the rule of law, not the rule of men.

Russell, himself, distinguished between anarchism and libertarianism in his book Anything That's Peaceful. Brian Doherty, senior editor at Reason magazine, writes in his book on the history of the libertarian movement, "[Dean] Russell ... declared--both in private letters and in a Freeman article--that anarchists were positive enemies of human freedom, whether they knew it or not." (Radicals for Capitalism, p. 320)

The experience of Russia, with its lack of rule of law, speaks volumes. So do fatwas.

Are we to await, yet again without word, for anarchists, now clothing themselves with a liberty word, to drag liberalism through the muck of their tax-free insanity?

I say no.

But what is there to do then?

Fortunately, there is the rest of the world. If you just peer over the borders, you will find that the word liberalism lives on happily in its meaningful sense.

Proof?

Read the essay, Analysis of Conservative, Socialist and Liberal Paradigms, by Werner Hoyer, in The Liberal Aerogramme, Issue 46, July 2003, pp. 28-32, a publication of the Liberal International. I just discovered this organization last night via Gregory Yavlinkski's website. Their virtual hall of fame of liberal thinkers includes Hayek, Constant, Nozick, Mises, Popper, Bastiat, Rand, Humboldt, Wollstonecraft, and Williams.

Werner writes,

For the liberal, the central value is "freedom for the individual"--which explains why choice, tolerance, rule of law, civil and political rights, property and entrepreneurship are so important for liberals.

...

[A]ll liberals share a common denominator: they believe in putting freedom and the individual first. Another distinguishing feature of liberalism is that it distrusts decisions made on behalf of collective entities, whether these entities are nations, classes..., castes, religious groups..., or whatever. All such decisions tend towards arbitrariness in that they ignore differences within such an entity, overlook individual needs and create new injustices.

Fortunately the world is a big place, and liberalism lives on.


Update (Mar 7, 2007): Brian Doherty has written an excellent article today Libertarianism: Past and Prospects, which is germane here. The anarchism I oppose is that which is oblivious to the art of a constitution and excuses the rule of men.


Update (Mar 9, 2007): In response to Brian Doherty's article, Brink Lindsey has written an excellent essay Libertarians in an Unlibertarian World, in which he faces reality head on and concludes by calling for a "new political identity", "a genuinely liberal identity". Lindsey writes,

What needs to be developed is a set of ideas that can serve as the basis for a new political identity. Not a strictly libertarian identity – there simply aren’t enough strictly defined libertarians to base a mass political movement on. Rather, a genuinely liberal identity – one that brings together “fiscally conservative, socially liberal” voters from across the current left-right spectrum. One that recognizes a more expansive role for government than committed libertarians would like, but which nonetheless supports both economic and personal liberty. Here, then, is the way forward as I see it: to articulate an appropriately inclusive political vision that puts freedom at the center of its commitments.

This sounds a lot like Werner.

However, if unqualified, this approach is fraught with danger, in particular when you open the flood gates to "a more expansive role for government".

Principled lines must be drawn, where the presumption of liberty is not only supported, but insisted upon.

Update (Apr 9, 2007): Here's an entertaining outreach introduction to liberalism by Daniel Tourre of the Alternative Libérale in France. In it he distinguishes between liberalism, socialism, and conservatism, as I do. I particularly like how he starts it off with this wonderful Magritte painting La condition Humaine.

Amazing Change

You can be an abolitionist now. You can start by signing a petition. A year ago I read the book Understanding Global Slavery by Kevin Bales, President of Free the Slaves, a partner in this effort.



I can't wait to see the movie Amazing Grace, just released.

Imagery of a Free Pirate

This is a Free Pirate.

It represents a liberal who opposes intellectual monopoly.

It represents a liberal who opposes monopoly grants in general.

It represents a liberal who believes in the Declaration of Independence.

The use of the pirate motif is ironic.

Supporters of intellectual monopoly dismiss liberals' critiques by calling them "pirates", putting a pirate hat on them with all that connotes, a lack of respect for rights, a lack of respect for property, a lack of due process, anarchy, etc. Following the lead of the Swedish Pirate Party, a free pirate takes this term of opprobrium and adopts it. And so there is the juxtaposition of that symbol of "life, liberty, and the pursuit of happiness", the Statue of Liberty Enlightening the World, carrying the Declaration of Independence, with a pirate hat.

So actually... paraphrasing René Magritte,

Ceci n'est pas un pirate libre.

This is not a Free Pirate.

It is a caricature of a liberal, meant to discredit her.

As did the Levellers in 1647^[1], a free pirate ingeniously confesses to be a pirate, though the true and real pirates are those who hijack liberalism^[2], be they socialists, conservatives, or anarchists, marauding the rule of law, replacing it with the rule of men.

Whoa! Let's back up. Way too serious...

Part of this pirate thing is just meant to be fun. Think Johnny Depp and the Pirates of the Caribbean.

Let's examine some of the symbols.

First, there's the pirate hat. A free pirate supports natural and constitutional rights passionately, as in the Bill of Rights. Despite her love of life, the grandees throw a pirate hat on her head, painting a caricature for others to see, with a skull and crossbones. What does she do? In a fit of irony, she dons the hat herself. She adopts it. She revels in the disarticulation of their disparagement.

Then there's the hook. It symbolizes the disabilities Lady Liberty suffers these days, as she seemingly effortlessly holds up the torch of The Enlightenment.

Finally and most importantly, there's the sea of rights a free pirate sails. Its color is sea green in honor of the Levellers, who inspired the Declaration of Independence and wrote in 1649,

That we are for Government and against Popular Confusion, we conceive all our actions declare, when rightly considered, our aim having bin all along to reduce it as near as might be to perfection, and certainly we know very well the pravity and corruption of mans heart is such that there could be no living without it; and that though Tyranny is so excessively bad, yet of the two extreames, Confusion is the worst: Tis somewhat a strange consequence to infer that because we have laboured so earnestly for a good Government, therefore we would have none at all, Because we would have the dead and exorbitant Branches pruned, and better sciens grafted, therefore we would pluck the Tree up by the roots.

Yet thus have we been misconceived, and misrepresented to the world, under which we must suffer, till God sees it fitting in his good time to cleer such harsh mistakes, by which many, even good men keep a distance from us.^[3]

Credit:

This artwork was created by chengan800, expressly for this website. I added the sea green.

For more sketches by the artist, please visit the Frenetic Pen Project.

Notes:

1. ↑ Anonymous (1647) A Whip for the present House of Lords, or the Levellers Levelled, pp. 2-3.


2. ↑ Alain Laurent (2006) Le libéralisme américain : Histoire d'un détournement


3. ↑ John Lilburn, William Walwyn, Thomas Prince, and Richard Overton (1649) A Manifestation. Reprinted by A.L. Morton (1976, editor) Freedom in Arms: A Selection of Leveller Writings, p. 253.

Open-Source Software - article by Boldrin and Levine

Michele Boldrin and David Levine have written an excellent article for The Freeman, entitled Open-Source Software: Who Needs Intellectual Property?. They write,

The market for open-source software—uncopyrighted, freely reproducible computer programs—is not well understood by economists. A central source of surprise is that innovation can thrive in a market without traditional intellectual property (IP). But as we argued in a 2005 unpublished paper, “Perfectly Competitive Innovation,” as a matter of theory there is no reason to believe that monopoly power through IP is needed for innovation. The market for open-source software is the poster child for this perspective.

Read more...

Hey hipsters, liberty is the new left

It was bound to happen. Libertarian is the new left.


Decentralization defines this new spectrum. Decentralization and liberalization are our best defense against those who would take us down the road to serfdom. Isn't that the great lesson of the 20th century? Yes, yes, in so many ways, but ...

Wait! Just one question.

Looking at this diagram, wouldn't anarchy be on the left?

No, I'd say... it's somewhere on the right.

Constitutional law, grounded in the American Declaration of Independence, with its presumption of liberty, with its limited powers, with its mixed republic, with its elections and juries, with its federalism, with its measured taxation, would stand to the left. True progress comes from the respect each of us has for a certain sphere of innocence and independent action that attaches to every person in his or her individual life and social interactions. The rights in this sphere are equal, innumerable, and inalienable. They do not conflict. They are natural. They are neutral. Creative people thrive in this freedom and build the world without having to ask permission. The Declaration of Independence is far left. It calls for a revolution in our thinking, in our culture, of which we have barely scratched the surface. The Constitution, in its art, merely tries to measure up.

As for the rest of the spectrum, amid the legal anarchy, you might find semblances of law. Perfunctory law would lie somewhere in the middle, going through the motions. Zombie law would patrol on the right, dead yet walking, and arbitrary.

Liberty and anarchy are distinct and opposed, as are liberty and collectivism. If you think libertarianism means anarchism and no taxes, then you can call me a liberal.

Whatever you call it when someone says, "Hey, liberty's deck," that thingamajig is the new left. Liberalization defines the new spectrum. Yes, then I'd agree.

Liberty is the new left.

Source for diagram: A political spectrum that makes sense by Jim Ostrowski.

UPDATE: Little Venice, as it slides towards legal anarchy and little dictatorship, takes its rightful place on this spectrum.

• Chávez Threatens to Jail Price Control Violators by Simon Romero, New York Times.


• Chavez to Decree Supermarket Law, Associated Press, published by Forbes.


• Chavez threat to seize food shops, BBC News


• Chavez to rule by decree, legislature says, Deutsche Presse-Agentur, published by Monsters & Critics (note comments)


• Venezuelan faces fine for satire, by Christopher Toothacher, AP, published by the San Jose Mercury News (so come again, which way is the horse on Venezuela's coat-of-arms facing?)


• Chavez's New Policies Divide Venezuela, PBS's Newshour, Feb 13, 2007

According to Venezuela's 1999 Bolivarian Constitution,

Artículo 114. El ilícito económico, la especulación, el acaparamiento, ... y otros delitos conexos, serán penados severamente de acuerdo con la ley.

According to an unofficial translation available at the website for the Embassy of the Bolivarian Republic of Venezuela in the United States of America, this translates to,

Article 114: Economic crime, speculation, hoarding, ... and other related offenses, shall be punished severely in accordance with law.

Here we have some conflicted commentary on PBS's Chavez report, by a team caught up in the old political spectrum.

• Chavez's Venezuela, The New Standard

So last century.

Update (Dec 6, 2007): Reality starts to hit, according to this report on Newshour with Jim Lehrer.



Reference:
Solonian Journal - On Rights