Published on 22 Mar 2017
This week, Antony & James take on the idea of “victimless crimes” and discuss the odd and growing trend of governments regulating some private activities such as pornography, while others like smoking marijuana are increasingly allowed. People imposing their values on others seems to boil down to an inability to appreciate that others have different preferences, but it all results in Americans losing freedom and instead becoming a nation of pets.
March 23, 2017
March 7, 2017
L. Neil Smith calls for an investigation into Senator Schumer’s “connection to this remnant Stalinist core, here in the West.”
Following the inglorious collapse of the old Soviet Union back in the late 20th century, without a doubt the new capital of world collectivism has come to be centered somewhere between Washington, D.C. and New York City. (It had already been observed and lamented that, at a moment in history when communism was shriveling and dying all across its native Europe, the evil legacy of Marx and Engels was alive and well in most American universities.)
New York and Washington, D,C, are both both the familiar stomping grounds of a dangerously deluded Democratic Senator who apparently has come to believe that he is the divinely-appointed rightful Chief Executive and Commander-in-Chief, and is presently leading a vicious assault on what might be termed “The Peoples’ Presidency”. One can be forgiven from wondering what stone he pulled his sword from.
Judging from his unbrokenly statist legislative record, he has always believed that the “peasants” (that’s you and me) need a Leviathan to tell them what to do, where to go, how to live their lives, even how many gallons their toilet-tanks may hold. Under no circumstances, in his dementedly Draconian view, must the American electorate be permitted to choose their own leader, especially a leader pledged to lift the burden of authoritarian government from their weary shoulders. Their duty, in his view, is simply to be born, obey their masters, pay a lifetime of taxes, die and get out of the way, not to determine the course of the Ship of State (albeit, a sinking ship, aboard which he occupies the highest crow’s- nest—as it stands now, he’ll be among the last to get his feet wet).
However what needs to be investigated is not some entirely fictional collusion between the Trump Administration and Vladimir Putin’s thoroughly post-Marxist, patently anti-communist Russia, repeated over and over and over and over again by the news floozies and gentlemen-of-the-evening of the compliant news media until we’re expected to believe it, but Charles Schumer’s deep connection to this remnant Stalinist core, here in the West.
I will repeat that, because it’s important. What needs to be investigated is not some fictional—mythical—collusion between the Trump Administration and Vladimir Putin’s post- Marxist, anti-communist Russia, repeated over and over again by the round-heeled news media until we’re expected to believe it, but Charles Shumer’s own connection to this remnant Stalinist core, here in the West.
December 4, 2016
If the natural tendencies of mankind are so bad that it is not safe to permit people to be free, how is it that the tendencies of these organizers are always good? Do not the legislators and their appointed agents also belong to the human race? Or do they believe that they themselves are made of a finer clay than the rest of mankind?
Frédéric Bastiat, The Law, 1850.
November 23, 2016
In order to understand this, we must first identify what the Progressive worldview is. Boiled down to its simplest, it’s this: “The government can do it better”. Do what? Anything. Individual Progressives might believe that there should be certain limits on what the government should do, but the overall guiding star of the movement is that everything will work better when the government is in charge. It’s nothing more than a Utopian vision: Things aren’t perfect now, but when WE are in charge of them, then we can make them perfect. The fact that perfection is impossible never enters their minds.*
* I’m taking their stated beliefs at face value, and many of the foot soldiers of the revolution, Lenin’s “useful idiots”, probably do in fact believe that they are working for a “better world”. Most of the leadership behind the Progressive movement is far too smart to believe any such thing. Utopia is just the flashy bling to dazzle the rubes. Their motivations are no different than any other humans. There’s an acronym that identify why people become traitors or spies — MICE — which stands for Money, Ideology, Coercion and Ego. I don’t think it vastly different here, although I’d substitute Power for Coercion in those that seek to be the ruling class.
Weirddave, “Fundamental Concepts – Why the Left Hates Families”, Ace of Spades H.Q., 2015-03-28.
June 25, 2016
May 12, 2016
In a comment on Facebook, Sean Gabb explains why even a government in a non-federal system sometimes seems to act inconsistently from moment to moment:
Sean Gabb In a country as large and rich as ours, The State is best regarded not as an entity with a single will, but as a collection of interest groups with agendas that sometimes overlap and sometimes conflict. The job of the people at the top is largely to try balancing these interests.
October 11, 2015
“Anybody could rule this country,” said George; “I could rule it.”
We were seated in the garden of the Kaiser Hof at Bonn, looking down upon the Rhine. It was the last evening of our Bummel; the early morning train would be the beginning of the end.
“I should write down all I wanted the people to do on a piece of paper,” continued George; “get a good firm to print off so many copies, have them posted about the towns and villages; and the thing would be done.”
In the placid, docile German of to-day, whose only ambition appears to be to pay his taxes, and do what he is told to do by those whom it has pleased Providence to place in authority over him, it is difficult, one must confess, to detect any trace of his wild ancestor, to whom individual liberty was as the breath of his nostrils; who appointed his magistrates to advise, but retained the right of execution for the tribe; who followed his chief, but would have scorned to obey him. In Germany to-day one hears a good deal concerning Socialism, but it is a Socialism that would only be despotism under another name. Individualism makes no appeal to the German voter. He is willing, nay, anxious, to be controlled and regulated in all things. He disputes, not government, but the form of it. The policeman is to him a religion, and, one feels, will always remain so. In England we regard our man in blue as a harmless necessity. By the average citizen he is employed chiefly as a signpost, though in busy quarters of the town he is considered useful for taking old ladies across the road. Beyond feeling thankful to him for these services, I doubt if we take much thought of him. In Germany, on the other hand, he is worshipped as a little god and loved as a guardian angel. To the German child he is a combination of Santa Claus and the Bogie Man. All good things come from him: Spielplätze to play in, furnished with swings and giant-strides, sand heaps to fight around, swimming baths, and fairs. All misbehaviour is punished by him. It is the hope of every well-meaning German boy and girl to please the police. To be smiled at by a policeman makes it conceited. A German child that has been patted on the head by a policeman is not fit to live with; its self-importance is unbearable.
The German citizen is a soldier, and the policeman is his officer. The policeman directs him where in the street to walk, and how fast to walk. At the end of each bridge stands a policeman to tell the German how to cross it. Were there no policeman there, he would probably sit down and wait till the river had passed by. At the railway station the policeman locks him up in the waiting-room, where he can do no harm to himself. When the proper time arrives, he fetches him out and hands him over to the guard of the train, who is only a policeman in another uniform. The guard tells him where to sit in the train, and when to get out, and sees that he does get out. In Germany you take no responsibility upon yourself whatever. Everything is done for you, and done well. You are not supposed to look after yourself; you are not blamed for being incapable of looking after yourself; it is the duty of the German policeman to look after you. That you may be a helpless idiot does not excuse him should anything happen to you. Wherever you are and whatever you are doing you are in his charge, and he takes care of you — good care of you; there is no denying this.
Jerome K. Jerome, Three Men on the Bummel, 1914.
October 9, 2015
September 9, 2015
August 20, 2015
August 4, 2015
Another post from last month that I’m just getting around to linking:
Some restaurants offer burgers without fries and a drink. These restaurants cater to low-income people who enjoy fries and drinks but can’t always afford them. To rectify this sad situation a presidential candidate proposes The Happy Meal Act. Under the Act, burgers must be sold with fries and a drink. “Burgers by themselves are not a complete, nutritious meal,” the politician argues, concluding with the uplifting campaign slogan, “Everyone deserves a Happy Meal!”
But will the Happy Meal Act make people happy? If burgers must come with fries and a drink, restaurants will increase the price of a “burger.” Even though everyone likes fries and a drink they may not like the added benefits by as much as the increase in the price of the meal. Indeed, this must the case since consumers could have bought the meal before the Act but chose not to. Requiring firms to sell benefits that customers value less than their cost makes both firms and customers worse off.
The Happy Meal Fallacy is fairly obvious when it comes to happy meals but now let’s consider the debate over the gig economy and the hiring of employees versus contractors. Employees are entitled to benefits that contractors are not. Thus the standard conclusion is that classifying workers as contractors “is great for employers but potentially terrible for workers.” Wrong. Employees get their wages with fries and a drink while contractors get wages only. Would a law requiring firms to provide all workers with fries and a drink help workers?
If firms are required to provide benefits to contractors they will lower the contractor wage. But how do we know the extra benefits aren’t worth the reduction in wages? If the extra benefits were worth more to workers than they cost firms, firms would have eagerly provided these benefits as a way of increasing profits. Firms can profit whenever buyers are willing to pay more for a product than its cost. Benefits are a product that workers buy from firms.
July 23, 2015
David Warren, earlier this month, on the slow-motion financial, economic, and political disaster that is modern-day Greece:
Now seriously, gentle reader, we are being reminded that there is truly no way out — no foreseeable practical and material escape — from the Nanny State web we have woven. Except by catastrophe, and/or miracle. My fascination with Greece is, as I have said, to see what happens as that state breaks down. Greece is unrepresentative in some ways; she never was a truly Western country, and thus even her way of abandoning the Christian faith is different from the Western. Since the West freed her from the Infidel Turk, Greece has had the luxury to pick and choose between spiritual destinies. The West offered three: the Catholic, the Protestant, and the Revolutionary. Greece chose to dress her post-Byzantine, Orthodox self in the robes of Marianne, goddess of fake Liberty. They don’t fit, can’t, and she has experienced one wardrobe malfunction after another. Whereas the French, whom she most likes to emulate, at least know how to carry off satanic modernism in style.
Notwithstanding, the material facts of Nanny State are universal, and Greece can now serve as an illustration of their consequences — for the simple reason that she has made more mistakes, faster, than any other European country.
My fondest hope was that the failure of Greece would provoke a genuine re-assessment of the European Union. My worst fear is that it would instead make Europe’s commissars circle their wagon (the EU flag unintentionally represents this), and advance the continental nannyism in the vain belief that they can somehow save it. This, I observe, is what most likely happens. Or to put this another way, for the third time in a century, Europe has embarked on a mission of self-destruction, and will not turn back.
The correct response, to my humble mind, would have been on two fronts. First, to acknowledge that Greece can’t pay, and therefore write off the debts. Let them start again from scratch, according to their lights, providing whatever humanitarian aid can be afforded, but making clear it is a gift, and therefore delivering it through visibly European (and North American) agencies. Never let anyone think he is receiving gifts by right, and thus confuse gifts with payment. But don’t kick Greece out of anything; they have as much right to use euros while unwinding as the Argentines had to use U.S. dollars through their last bankruptcy. In defiance of post-modern sentimentalism, I would say it is possible to be both charitable, and firm.
Second, to begin a peaceful disassembly of most of the pan-European scheme, including the euro currency, which doesn’t and can’t work. Restore marks, francs, lire, pesetas; but also gradually downsize the Brussels bureaucracy to what it can and did do reasonably well — as a clearing house for trade transactions. This would be sane, now the ambition of a “European nation” is proved to have been foolish in itself. It would be insane, politically, to leave it to the member countries’ respective nationalist lunatics to achieve the same end by jingo, with the violence that follows inevitably from that.
It is in this greater (political, not religious) light that I think another bailout for Greece is a horror. It means Europe’s politicians are accelerating down a blind alley — the political equivalent of “the spirit of Vatican II.”
July 1, 2015
The CRTC is an even more odious organization. Back in 1920s both the Canadian and American governments declared the broadcast spectrum to be public property. So a technology pioneered and commercialized by the private sector, in both countries, was essentially nationalized by the state. Since it was a new industry it lacked the ability to effectively lobby Washington and Ottawa. The result has been that a large and important sector of our modern economy now lives and dies at the whim of an unelected government agency: The CRTC.
Of all the organs of Canadian government the CRTC has always struck me as the most fascistic. You could rationalize socialize health care, public education and government financed infrastructure as doing useful things in a terribly statist way. The CRTC is at an exercise in make work at best. At worse it’s an attempt to impose indirect censorship on the Canadian people. Beneath the reams of government drafted euphemisms the blunt truth behind the CRTC is that we mere Canadians are not clever enough, not patriotic enough or sufficiently sensible to watch and listen to the right things in the right way.
The existence of the CRTC explains much of the timorousness of Canadian broadcasting. The Americans did away with the Fairness Doctrine in 1987, thereby triggering the explosion in talk radio in the early 1990s. While Canada never had an exact equivalent, the regulations surrounding who could and could not receive or retain a license were sufficiently vague to make such a rule unnecessary. A nod and a wink from the right people at the right time was enough to indicate what type of broadcasting would or would not be acceptable.
The result was an insufferable group think that could no more be defined than challenged. There were unwritten rules of etiquette that forbade serious discussion from talking place on a whole host of issues: Abortion, capital punishment, race relations, linguistic issues and any frank discussions of our socialized health care system. It wasn’t that these discussions didn’t take place in a public forum, the newspapers and magazines were largely unregulated, but broadcasting was the late twentieth century’s pre-eminent mass media. It’s where ordinary people got their news and opinions.
Richard Anderson, “And All Must Have Prizes”, The Gods of the Copybook Headings, 2014-09-24.
April 30, 2015
In City Journal, Myron Magnet reviews a new book by Philip Hamburger on the rise and rise of the regulatory state:
We conservatives like to complain about overregulation and point to this or that destructive rule, but few of us go so far as Philip Hamburger does in his immensely important Is Administrative Law Unlawful?, published last year. A Columbia law professor, Hamburger indicts the entire structure of executive-agency rulemaking as illegitimate. It’s not just the regulations that have to go but the regulators as well, since their job is to fling down the Constitution and dance on it.
For over 400 pages of a 511-page, doorstopper-weight text, Hamburger counts the ways in which the slithery Medusa’s head of executive-branch agencies — from the Interstate Commerce Commission and the National Labor Relations Board to the Environmental Protection Agency and the Consumer Financial Protection Bureau, all spitting out the venom of administrative law — constitutes a flagrant affront to the Constitution. For starters, the Constitution lodges all legislative power in Congress, which therefore cannot delegate its lawmaking function. So it’s forbidden for Congress to pass a law creating an executive-branch agency that writes rules legally binding on citizens — for example, to set up an agency charged with making a clean environment and then to let it make rules with the force of law to accomplish that end as it sees fit. “The power of the legislative,” as the Founding Fathers’ tutelary political philosopher, John Locke, wrote, is “only to make laws and not to make legislators.” And if Congress can’t delegate the legislative power that the Constitution gives it, it certainly cannot delegate power that the Constitution doesn’t give it — namely, the power to hand out selective exemptions from its laws, which is what agencies do when they grant waivers.
Second, Constitution architect James Madison, following political theorist Baron de Montesquieu, saw the separation of powers as an essential bulwark of American liberty. But administrative agencies, which make rules, carry them out, and adjudge and punish infractions of them, blend together legislative, executive, and judicial powers in one giant anti-constitutional Cuisinart. Moreover, judicial power is as undelegatable as legislative power, since the Constitution lodges all of it in the judicial branch. So third, while administrative judges may look “just like real judges,” says Hamburger, they are no such thing — and not only because the Constitution makes it impossible for them to be so but also because, unlike real judges, their sole duty, rather than using their independent and expert judgment to carry out the law of the land, is to carry out the policy of their agency, as set and overseen by their department chief or the relevant cabinet secretary who in turn oversees him. As Justice William Howard Taft pronounced, an administrative tribunal is “miscalled a court.”