Friday, May 21, 2010

Rand Paul and Right-Wing Libertarianism

By now, must of us now that the Republican candidate for Senator from Kentucky, Rand Paul, has decided to quickly ruin his honeymoon period following his landslide primary victory by suggesting that he would be opposed to crucial components of the 1964 Civil Rights Act (he said that he supports ending public discrimination, voting, segregation in public services, etc.; the controversy was over his claim that the federal government should not prohibit racial discrimination in businesses). 


A number of people have taken him to task for this, including most prominently Rachel Maddow and George Stephanopolous. Bruce Bartlett I think has an excellent take on it. One line of defense for Paul, indeed his own line of defense, is that he is not a racist, just a principled believer in libertarianism. He himself claimed that finding himself in the position of having to defend the right of private business to engage in racial discrimination to be "the hard part about believing in freedom." Yglesias skewers this, pointing out that claiming to not be a racist but rather stuck due to your principles not only defending the rights of racists to be racist but defending their insistence on maintaining a vicious form of oppression is possibly even more damning than being a conservative.

I always find it shocking that conservatives in 2010 openly say that the political founder of their movement and an icon to be admired is Barry Goldwater, and that Barry Goldwater’s 1964 presidential campaign was an admirable thing that constitutes a key foundationstone of the modern conservative movement.....Whenever I bring this up, people quickly rush to assure me that Goldwater didn’t stand shoulder-to-shoulder with white supremacists on the most important political issue of his time out of racism, instead at the decisive moment in his career he stood shoulder-to-shoulder with white supremacists out of principled constitutional reasoning that made it impossible for him to do otherwise. But this is actually more damning....[H]aving acquired a major party presidential nomination he stood shoulder-to-shoulder with white supremacists on the most important issue of the day because his sincere political ideology led to horribly wrongheaded conclusions.
Likewise, Adam Serwer points out that 
Paul would never face the actual "hard part" of his vision of freedom, because it would never interfere with his own life, liberty, or pursuit of happiness. Rand Paul would not have been turned away from a lunch counter, be refused a home, a job, or denied a loan, or told to sit in the black car of a train because of his skin color, or because of the skin color of his spouse. Paul thinks there is something "hard" about defending the kind of discrimination he would have never, ever faced. Paul's free-market fundamentalism is being expressed after decades of social transformation that the Civil Rights Act helped create, and so the hell of segregation is but a mere abstraction, difficult to remember and easy to dismiss as belonging only to its time. It's much easier now to say that "the market would handle it." But it didn't, and it wouldn't.
 Both of these critiques accept at face-value the premise that Paul's position here is driven by his philosophical belief in liberty as the right to engage in private acts without the intervention of the state. And accordingly, I think they are very compelling critiques: they do not just cry hypocrisy, but rather argue that it is the adherence to the principles themselves that requires acquiescence to manifest injustice.

I, however, am somewhat of a less noble man, and am just going to cry hypocrisy. Or at the very least point out what I consider to be a tendency in modern libertarianism that I have difficulty explaining in a non-cynical fashion.

Libertarians hate the National Labor Relations Act. They hate unions. And yet the capitalist corporation can do very little wrong. (It was noteworthy that Paul today was criticizing President Obama for being too critical of BP for the Gulf spill: "I think that sounds really un-American in his criticism of business.")

Now yes I know that we are all brought up to think 'corporations, intrinsic to market economies and free enterprise' and 'unions, wedge in the door for socialist takeover.' And certainly unions have articulated critiques of capitalism and market economies from their inception (of course, corporations and the trusts in the early 20th century had armies of apologists saying that the rise of the monopolistic corporation and the centralization of the economy into an economic oligarchy was the height of progress, a near-inevitable trajectory to a better life, provided the unions and do-gooders didn't screw things up.) But it seems to me that the union is a mirror image (somewhat distorted) of the corporation: they both create a space of non-market relations within a market economy. They both entail the combination of individually controlled factors (capital and labor) so as to achieve better terms of trade. And the strike? Exactly what labor should be doing in a market economy: trying to maximize its utility, in this case by maximizing the wages or benefits of its members. If a corporation decided not to produce a good or sell a good below a certain price, its hard to believe that libertarians would find here an assault on the foundations of liberty.

There are obviously key differences between them, but they are both fundamentally market actors. Furthermore, while libertarians hate the National Labor Relations Labor Act, for providing institutionalized supports for unions, they don't seem to have any gripe with the court decisions and state institutions that provide a similar, public foundation for the development of the modern corporation.

Yglesias rightly points out that
any effort to ground your political philosophy in an incredibly rigid and dogmatic division between what’s “public” and what’s “private” is ultimately going to fail. For one thing, as Charles Lane points out the way you enforce your private “no black customers in my restaurant” law is by having the police arrest someone for trespassing.
And like I said, the critique that adherence to libertarian principles both leads you to morally repulsive conclusions and relies heavily on a distinction between public and private that is often impossible to sustain is a deep criticism of libertarianism as a philosophy. But practically speaking, in my readings and debates with libertarians, it is not just the combination of a repulsion of any form of public power (no matter how democratically legitimated or controlled) with a total indifference to massive concentrations of private power that strikes me; it is also their glorification of certain 'private' concentrations of power and their vilification of other 'private' concentrations of power. I've never heard a convincing explanation for why the combination of capital is not a threat to liberty, but the combination of labor is such a threat (the most frequent retort is that the combination of capital leads to certain goods, such as economic growth, that outweigh the potential threat. Of course unions also provide important goods, such as providing for community stability and greater income growth for the median member of society, but these goods tend to be rejected out of hand, almost as though they cannot be considered as a matter of first principles).

Which leads me to the more cynical reason for this pattern suggested by Steve Benen
if the government is considering a measure that interferes with the practices of a private entity, it's necessarily unacceptable. (Unless, of course, we're talking about a woman's uterus or a gay couple's bedroom, which Rand Paul defines as public entities.)
 That is, libertarianism as it is practiced in the contemporary United States is really just window dressing for right-wing policies. The unpopular positions right wing positions (scrap the minimum wage, remove all public support for unions, opposition to the Civil Rights Act, the Americans with Disabilities Act, and a host of others) are portrayed as a principle stance, the "hard part about believing in freedom," while the politicians who advance the cause nonetheless make exceptions for abortion, gay marriage, religious fundamentalism in public education, and the like. I don't honestly believe this: I respect and have learned much from libertarians opposition to encroachments on civil liberties. But the more the Pauls elder and son become the public face of libertarianism in America, the more this cynicism rings true as a matter of practical politics.

p.s I really should add, and really should start following, the insights of Brink Lindsey.
I’m a libertarian because I’m a liberal.  In other words, I support small-government, free-market policies because I believe they provide the institutional framework best suited to advancing the liberal values of individual autonomy, tolerance, and open-mindedness. Liberalism is my bottom line; libertarianism is a means to promoting that end.Ron Paul, by contrast, is no liberal. Just look at his xenophobia, his sovereignty-obsessed nationalism, his fondness for conspiracy theories, his religious fundamentalism — here is someone with a crudely authoritarian worldview. The snarling bigotry of his newsletters is just the underside of this rotten log.

Wednesday, May 12, 2010

Elections in the UK

Although I have not been posting any of this here, I have been making a number of predictions on the UK election, most of which have turned out to be reasonably accurate so far. I'll recap:

The day of the election I bet a friend that the final results would be
Tories: 307
Labour: 230
Lib Dems: 90.

Now with the exception of the Tory call, this is pretty off. My reasoning was that everyone was predicting 100+ and even ~120 seats for the Lib Dems, and that I thought this was very optimistic. The fundamentals of the system had not changed (still a plurality single member district election), the party identification rates in the country were largely unaffected by the surge in support for the Lib Dems, and the surge was largely based on the performance of Clegg in the first debate, which was followed by underwhelming performances in the subsequent debates. The first debate made the Lib Dems seem viable, but was probably not enough to dispel anxieties about wasting the vote.

So I adjusted my expectation of the Lib Dem vote so that it would be below what was being predicted. I would have gone lower (with the balance going to the Labour party), but I wanted to remain reasonably close to the prediction made by my friend, for no reason other than saving face if the prediction was off.

It was obvious (I believed at least) that there was no way there could be a Lab-Lib pact; this was clear as soon as it was evident that together they could not command a majority. What's the point then, really, if you are going to take all the heat for sustaining "an unelected leader" in Brown as PM, or denying the Tories an opportunity to form a government, if you are probably going to have to go back to the polls in a few weeks/months. (I should note that I agree there is nothing morally illegitimate about Brown forming a government even having come in second to a resurgent Tory party; rather, I think that the conservative and middle-class press would hammer on about this as being illegitimate such that it became very costly politically). And besides, it was clear that the Tory leadership (we'll have to see about the base) was so lusty for power that it would have given Clegg the abolition of the monarchy if he'd have asked. So I predicted the day after the election that there would be a Tory-Liberal government in place before Friday May 14th.

The big question would be the terms of the coalition, specifically whether the Tories would push ahead with their "fuck you" emergency budget. I suspected that (1) they were being told by the ministry of the exchequer (or whatever it is) that they couldn't take the money out of the system this year, (2) that they had received the endorsement of the Financial Times and Economist, both of which harshly criticized the emergency budget cuts proposed by the Tories, on the basis of a winked suggestion that if elected they wouldn't really go through with it, and (3) the fact that the Lib Dems campaigned against it would give the Tory leadership an opportunity to back away from the plan. If they went ahead with the budget, I suspected that it would be very difficult for the party activists in the Lib Dems to support their leadership, but that the leadership would feel compelled to support the budget so as to (1) get a real taste of power, (2) avoid a quick election.

Additionally, I suspected that they would give the Lib Dems something in the way of electoral reform, but that it would be a real cynical job. Possibly a commission to study electoral reform, but apparently Tony Blair had already given that to the Lib Dems before and promptly ignored the recommendations. More likely, a heresthetically rigged referendum on an insufficient proposal. Specifically, I suggested that the Tories would "offer an electoral reform that is less proportional than what the Lib Dems want and better for the Tories, but enough of a reform that Lib Dems might be stuck agreeing with, and they'll have it in a referendum with a 55% threshold." And we can, of course, get even more cynical: a referendum with "three options: status quo, AV, and whatever works in the Tories' favour, and the status quo stays if neither of the other two options gets above 50%.Of course the Tories, as the dominant partner in the government, will likely have a substantial advantage in campaigning when they come out against AV in the referendum (but I don't know the details of British referendum law, or whether there even is a standing law on the matter).

From this I predicted at least 8 months of a Tory-Lib pact. The election would depend on whether (1) the Tories had gone through with the asshole budget, and (2) whether the damage done by the budget would have severely undermined the fragile economic recovery.

Well today the deal has been released. And I think that the Lib Dems are in long term trouble. Not only are the Tories going ahead with the cutting-spree,  but they have even placed one of the Lib Dems most right-wing MPs in the cabinet position responsible for doing so.

They are going ahead with ""Accelerated" action to cut the budget deficit: £6bn of spending cuts this year " and "Measures to promote financial stability and support business growth," which of course means business tax cuts. The 1% NI tax is scrapped, meaning that there will have to be more cuts elsewhere to make up the difference (between that, the business tax cuts, and the higher threshold for poor families before having to pay taxes, you'd think they weren't really concerned about the deficit at all).

Well what about electoral reform. Surely if the Lib Dems are going to be responsible for making drastic cuts that they opposed throughout the campaign, then they must have got something in the way of electoral reform? Right?

1. A referendum on AV, which is a weaker form of the AV+ offered by Labour, neither of which would be anywhere close to proportional representation, and therefore barely address the major inequality of the system (see here or here).
2. A cut in the number of MPs, which in either a AV or first past the post system can only make it less representative.
 3. Fixed elections every 5 years. If you are going to have fixed elections, I'd much prefer it to be every three or four years. I'm somewhat sympathetic (but not terribly) to the claim that the U.S. House of Representative system of voting every two years impedes long-term strategic planning, but I see four years as a perfectly reasonable amount of time. The point is that the more frequent, the more democratic. This does not make it necessarily better in terms of governance (elections once a month would probably be disastrous), but given that all the parties were complaining about the electoral system in terms of how it was not democratic enough, this seems to be a movement in the opposite direction.
4. Of course, "a review of Scottish MPs voting on England-only legislation" so that the Labour party will be weakened even further.
5.  And a true shocker: "55% of MPs required to bring government down in confidence vote." Which is basically meant to make it so that even without the Lib Dems the Tories can survive a non-confidence vote (it would then take 358 votes instead of 326 to defeat the government. Or seen another way, the government would need only 292 seats to hold onto power, which the Tories have).

So the Liberal Democrats get to walk back their opposition to, and even made to share responsibility for, a substantial cut in government spending during the midst of a very fragile recovery; and they get a referendum (which I still expect to be heresthetically rigged) on a voting system that doesn't really overcome the massive disparity between their vote share and their seat share that results from the current system. They also get rid of the Tory plan to scrap the inheritance tax, and a rise in the tax threshold so that more low-income families don't have to pay income taxes.

As one Lib Dem MP put it "I can't believe how much they've offered us....The Tories have basically rubbed out their manifesto and inserted ours. We'll have to cope for four or five years with our flesh creeping, but still."

I think they are going to find the coping very difficult indeed. The Tories get power; they get to continue trying to soften their image; they get to foreclose the threat of a move toward AV+ or a proportional representation scheme that would have been more detrimental to them.

The Lib Dems? Their activists will be in revolt (it's begun); their leadership will be responsible for policies they have opposed; their English constituency (who are mostly middle class could-be Tories, who find the Tories to be just a touch too cruel) likely will be drawn toward the Tory party as that party's image is softened, while the Scottish constituency moves toward Labour or the SNP.

I would be shocked if this lasts 5 years; but I suspect that it will last more than 8 months. Its chances of lasting even that long, however, depend largely on whether the emergency budget plunges the country into a double dip recession. If it does, it'll be a tough policy to walk back. The Tory base is not going to want to see that walk back and will probably be adamant that Cameron stick with it. The Lib Dem base will demand that it be reversed, but probably won't stop there and will demand a firm break with the Tories.