economic liberty

Justice Anthony Kennedy is not a libertarian

Anthony Kennedy

Over the last few years, there has been much discussion about the philosophical leanings of Supreme Court Justice Anthony Kennedy. Long considered a moderate on the High Court, Kennedy has been the deciding vote in many 5 to 4 decisions, leading John Tabin of The American Spectator to note that “[i]t’s Anthony Kennedy’s world; we’re just living in it.”

Some legal scholars have surmised that the Supreme Court may be in some sort of “libertarian moment,” thanks in part to Kennedy. This is not necessarily a new theory. Shortly after the Court issued its decision in Lawrence v. Texas (2003), a ruling that struck down sodomy laws in 13 states based concerns over privacy, Randy Barnett praised Kennedy’s “presumption of liberty” approach.

Kennedy’s ideology was again the topic of discussion in 2012 after he sided with the minorty in National Federation of Independent Business v. Sebelius, in which the majority upheld the individual mandate in ObamaCare.

After the Court’s decision last month in United States v. Windsor, which struck down the federal provisions in the Defense of Marriage Act, Kennedy’s ideological views are, once again, being discussed by legal scholars.

Is The American Dream Dead?

American flag

The American Dream—the idea that any American has the ability to pull themselves up by the bootstraps, work hard, make good decisions, and lift themselves from even abject poverty to extreme wealth—is what has always made America different from any other nation on earth.  Only in the United States’ free market capitalist economic system has this level of economic mobility been possible, which is why people from around the world have flocked to the United States throughout its history.  But is the American Dream still possible?

According to a recent Rasmussen Reports survey, 59 percent of Americans believe that it is impossible for any individual American to work hard and get rich, the highest level ever.  Not only that, only 48% believe that it is possible for anyone to work their way out of poverty, while 39% disagree.  Rasmussen also shows that pessimism is at an all-time high, with only 25% of Americans believing that the economy will be better a year from now than it is today.  Given the sorry state of the American economy, that’s a very sad statement.

Standing on the Sidelines is Not an Option for the Freedom Movement

Below is the speech I gave last night at the FreedomWorks’ Spring Break College Summit at the Hyatt Regency Hotel in Washington, DC.

Before I get down to the crux of my talk this evening, I’ve gotta say, watching Senator Rand Paul’s epic 13-hour filibuster on Wednesday was nothing short of inspirational. For more than half a day, Senator Paul — aided at times by some of his colleagues, including Mike Lee and Ted Cruz — gave a brilliant defense of the Constitution and the Bill of Rights and challenged the notion of perpetual war.

While Democrats in Congress have claimed to be champions of civil liberties, it was the Tea Party, led by Senator Paul, defending due process. It was the Tea Party making the case against a government that could arbitrarily kill its own citizens on American soil. And it was the Tea Party who was fighting against an extraordinary expansion of executive power.

The message got out there. Senator Paul gained some 40,000 new followers on Twitter and the social media service reported that over 1-million tweets were sent about the filibuster. Ironically, it was Politico that recently suggested that hashtags were no longer relevant. The hashtag, #StandWithRand, pretty much killed that notion.

C-SPAN confirmed that they had received viewership that was on par with events like the presidential inauguration. The filibuster also had the profound effect of gaining support from individuals and groups who aren’t typically fans of Republicans, including John Cusack, Van Jones, and Code Pink.

And not only was this a courageous stand against a President who has abused his authority, but it was also a rejection of the GOP’s past, and they’re losing their minds because of it. We saw that the next morning when John McCain and Lindsey Graham had a complete meltdown on the Senate floor.

Land-use policy needs to rely on markets

Michael Hamilton is a libertarian writer living in Washington, D.C. His main interests are economics, drug legalization, immigration, and land-use policy.

“The plans differ; the planners are all alike.” — Frédéric Bastiat

It’s common to hear libertarians pejoratively referred to as “Republicans who smoke pot,” the idea being that libertarians don’t really favor freedom in areas where it would lead to outcomes they do not like. For the most part this is false. There is one policy area, however, where this is an accurate criticism: land-use policy. On this issue, the dominant libertarian narrative does not live up to its name.

The narrative, to put it briefly, is that most Americans prefer detached, single-family homes, and zoning laws reflect this for the most part. Save for eliminating certain regulations aimed at curbing sprawl that make homes expensive such as open space rules or growth boundaries, it says  policymakers should avoid making major changes to traditional zoning laws lest we fall into the hands of the “planners” and have to live under “smart growth” policies. The narrative associates suburbs, homeownership, and cars with mobility and better living. Libertarians main goals, so it goes, should be relatively inexpensive (or at least not “artificially expensive”) single-family homes and decent traffic. Note that libertarians who support traditional zoning do not consider themselves planners

This narrative is not only wrong, but distinctly unlibertarian. Before I attack it, two small concessions:

First, smart growth is something that libertarians should oppose for both philosophical and utilitarian reasons.

Why Republicans have to evolve on social issues to win elections

Yesterday, I had the opportunity to speak at the Cato Institute’s New Media Lunch on some of the issues facing the Republican Party after the 2012 election. The forum, focused exclusively on social issues, was appropriately headlined as “The Republican Problem.”

While Walter Olson went over gay marriage, Rob Kampia on marijuana policy, and Alex Nowrasteh on immigration, I tried to focus on how conservative activists and the conservative blogosphere are adjusting post-2012. With that, I wanted to mention some of what I briefly talked about yesterday in a post this morning.

In the days since the election, I’ve spent a lot of time on Twitter and Facebook reading comments from conservative activists and bloggers. They realize that they have a lot of work ahead of them and they can no longer afford to live in a bubble. They see that social issues — such as gay marriage, the war on drugs, and immigration — present a problem moving forward.

Activist organizations are looking for ways to build outreach to younger voters and minorities, though the immigration issue remains a tough challenge for conservatives, and many are realizing that the war on drugs has failed. Right on Crime, a conservative-backed initiative, has become somewhat popular as cash-strapped states look for ways to take some pressure off of their prision systems. While we as libertarians see this as a personal liberty issue, it’s an easier sell as an economic issue to our conservative friends.

The Land of the Fee and Home of the Slave

In the days leading up to the IPO (Initial Public Offering) of Facebook stock as it became a publicly traded company, much of the news surrounding the company was made not by founder Mark Zuckerberg, but by Eduardo Saverin, a young man who became very rich after he invested his life savings in that unknown company running out of a Harvard dorm room. Saverin had announced that he was renouncing his U.S. citizenship, preferring to make his ties with Singapore instead.

In the aftermath of his announcement, it was claimed that he was doing so in order to avoid the heavy tax burden placed on his wealth by the United States. Senator Chuck Schumer (D-NY), a man of whom former Senator Bob Dole once said that “the most dangerous place in Washington is between Charles Schumer and a television camera,” wasted no time in turning this into face time with the press to score political points, joining with fellow Democrat, Senator Bob Casey (D-PA) in announcing their intention to submit the “Ex-PATRIOT” Act.

According to Schumer, this law would “re-impose taxes on expatriates like Saverin even after they flee the United States and take up residence in a foreign country.” Like a modern-day Rasputin, this would enact into law the assumption that politicians have supernatural powers of mind-reading, and would presume any person who renounced U.S. citizenship, while having a net worth greater than $2 million, or an average five-year income tax liability of at least $148,000, had done so for the purpose of tax avoidance. The law, eviscerating the Constitution’s presumption of “innocent until proven guilty” principle, would require the individual to prove to the IRS that they’d not done so for tax avoidance purposes, or risk additional capital gains taxes on any future investment gains.

Decline of American Power – Is that a bad thing?

A lot of conservatives lament the decline of “American Power” around the World. Just this week Bill O’Reilly had a rant about that. But to those who love Liberty, American Power is just another phrase for Government Power, and the less Government there is at home and abroad the better the lives of all individuals around the world will be.

Thoreau had a great quote about that:

“I heartily accept the motto,—“That government is best which governs least;” and I should like to see it acted up to more rapidly and systematically. Carried out, it finally amounts to this, which I also believe,—“That government is best which governs not at all;” and when men are prepared for it, that will be the kind of government which they will have”.

I look forward to the day when men are prepared for a government that governs none at all. But until then the Leviathan that is the State with its Coercive Power will be with us. Our job for those who love liberty is to educate ourselves and others about the True Nature of the State and the Blessings of Liberty.

Franz Oppenheimer made it crystal clear the difference between how the State acquires what it desires and the way free individuals voluntarily trade to gain what they desire:

Protectionist Tries Redefining Free Trade

Knowing there is no legitimate case for protectionism, its proponents are now attempting to define free trade as something that it is not. Writing for Salon, David Sirota says:

Trade policy, as I’ve previously noted, often has nothing to do with what we conventionally define as “trade” — that is, it has nothing to do with the exchange of goods and services, and everything to do with using state power to solidify corporations’ supremacy over individual citizens. In that sense, the modern era’s ongoing debates over “free trade” are a corporate public relations coup — by tricking the public and the media into believing we’re debating one thing (commerce) when we’re debating something entirely different (power), the “free trade” brand casts those who raise questions about these pacts as know-nothing Luddites (who could be against commerce, right?).

Oddly, Sirota offers no further support for his claim that free trade uses “state power to slidify coporations’ suppremacy over individual citizens” nor does he even clarify precisely what it is he means. It appears as though he is content to level that charge and move on to a different subject:

…In creating direct unprotected competition between Americans and foreign workers who have no labor, wage or human rights protections, the most celebrated trade pacts of the last two decades have — quite predictably — resulted in widespread layoffs and the hollowing out of America’s middle class job base.

Club for Growth releases 2013 congressional scorecards

Club for Growth

The Club for Growth released its annual congressional scorecards yesterday, offering concerned constituents a snapshot of how their representatives in Washington voted on issues related to limited government and economic growth legislation during the first session of the 113th Congress.

“2013 saw the emergence of several new defenders of economic freedom as well as continued excellence among old allies,” said Club for Growth President Chris Chocola, himself a former member of Congress. “Some members have seen their voting records improve and will be honored this year with recognition of their efforts for the first time.”

“While there are more champions of pro-economic growth policy serving in Congress than at any time before, it’s clear that our fight against the big spenders in both parties has a long way to go,” he added.

Like many organizations, the Club for Growth states positions on legislation or other matters as a way to encourage House and Senate members to encourage them to vote in a manner consistent with limited government, pro-growth views. The votes scored in the 2013 include the efforts to repeal or defund Obamacare, the Ryan-Murray budget deal, the farm bill, and the Full Faith and Credit Act.

The scorecards offer a look at who is living up to the limited government rhetoric on which they run each year as well as those are voting to put more debt on the back of the taxpayer as well as future taxpayers.

Capitalism Saves Lives, Reduces Poverty

Enjoy Capitalism

Capitalism is truly a wonderful thing. This economic system is empowers the individual and limits government control over economies, which draws criticism and derision from the Left. They like to claim that capitalism is greed and they use that populist sentiment to push more state control and regulations.

But what the Left won’t admit is that capitalism is saving lives and reducing poverty in countries where free trade and market liberalization are being enacted. An editorial in the most recent issue of The Economist outlines the successes of capitalism:

The world’s achievement in the field of poverty reduction is, by almost any measure, impressive. Although many of the original Millennium Development Goals (MDGs) —such as cutting maternal mortality by three-quarters and child mortality by two-thirds—will not be met, the aim of halving global poverty between 1990 and 2015 was achieved five years early.

The MDGs may have helped marginally, by creating a yardstick for measuring progress, and by focusing minds on the evil of poverty. Most of the credit, however, must go to capitalism and free trade, for they enable economies to grow—and it was growth, principally, that has eased destitution.


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