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Sheldon Richman
The U.S. Supreme Court, as everyone knows by now, has ruled that the federal government can't interfere with Oregon's so-called assisted-suicide law. I have mixed feelings. I'm happy the feds were told to butt out. But I don't like the Oregon law. It's an example of ersatz autonomy. It doesn't really recognize the right to take one's own life; rather, it empowers doctors to grant permission for and to facilitate a person's suicide if that person petitions his doctor and meets the highly stringent conditions set out in the law. For one thing, another doctor has to concur, and the patient has to be certified as not being mentally ill, which opens a floodgate of reasons to deny a petition. Thomas Szasz pointed out the fraud of assisted-suicide long ago. His book Fatal Freedom goes into the subject in depth. Here's a summary in one of his Freeman columns.

Cross-posted at Free Association.

Thursday, January 19, 2006 - 10:02


Gene Healy
My colleague Bob Levy debates David Rivkin on NSA surveillance and the divine right of chief executives here (.pdf). Incidentally, I'll start to believe the scare stories about the Federalist Society taking over the world when they work out a way of getting new content on their website in some format other than .pdf.

Thursday, January 19, 2006 - 12:22


Kenneth R. Gregg
The Association of Private Enterprise Education will hold its thirty first annual conference April 2-4, 2006 at the Renaissance Hotel in Las Vegas, Nevada.

The theme of APEE's 2006 International Conference is"Private Solutions to Market Failures: Is Government Always the Answer?" The Association is composed of scholars from economics, political science, philosophy, and other disciplines as well as policy analysts, business executives, and other educators. APEE’s annual meeting explores topics related to private enterprise in an atmosphere that respects market approaches. Presentations reflect the latest research in fields such as regulation, public choice, microeconomics, and Austrian economics, as well as instructional techniques.

APEE invites papers on any topic, however, a number of sessions will be devoted to this year's theme: Private Solutions to Market Failures. The theme provides an opportunity to organize sessions that illustrate the advantages of private enterprise.

As Harold Demsetz pointed out, many advocates of government intervention think of a potential problem and then assume that the state has the capability and incentive to solve it. This “Nirvana approach” to public policy usually ignores potential shortcomings of government and it usually fails to consider potential market solutions. In reality government solutions often have unintended consequences worse than the problem they were meant to fix. Private enterprise, on the other hand, often sees profit opportunities where needs exist and has an incentive to do things right. The private sector has found ways to privately provide many goods including: education, healthcare, relief for the poor, environmental amenities, roads, money, security, and much more.

To learn more about APEE, please click on the link above.

Just a thought.
Just Ken
CLASSical Liberalism

Thursday, January 19, 2006 - 18:57


Roderick T. Long
[cross-posted at Austro-Athenian Empire]

More shameless self-promotion: further details about my summer seminar on the praxeological foundations of libertarian ethics have been posted here. Ah, the wonder of me.

Thursday, January 19, 2006 - 19:52


David T. Beito
Anthony Gregory has some interesting posts on Martin Luther King Jr.'s foreign policy and other views over at Lew Rockwell. See here and here.

Wednesday, January 18, 2006 - 10:26


Anthony Gregory
Throughout the libertarian blogosphere I have seen a bunch of talk recently of left vs. right, and who is more libertarian. It seems that many libertarians take the position that the left is only better right now because it's out of power, that Ted Kennedy and Al Gore and others are only championing the Bill of Rights and opposing the imperial executive because they do not hold the reins to it.

There is absolutely much truth to this. But before getting into the million definitions of left and right, I want to consider the general thrust of the organized left and right during Republican and Democratic administrations, and ponder what, from a libertarian perspective, we should root for (or root the less against) in national politics.

I'm speaking in terrible generalization here, but I think a few issues are important:

—Who is worse, the left or right, when its side holds power?

—Is the left more critical of Democratic administrations, or is the right more critical of Republican ones? Whose criticism of their own party is more libertarian?

—Is the left more critical of Republican administrations, or is the right more critical of Democratic ones? Whose criticism of the other party is more libertarian?

—Which side is more hypocritical?

—How much does all this go out the window in times of war and crisis?

I think the answer to the last question is: A whole lot. On the matter of war and other crises, I have noticed a tendency for the party in power to be terrible and the opposition side to be better. See my article "Waco, Oklahoma City, and the Post-9/11 Left-Right Dynamic"

However, I do suspect that the better radical leftist critiques of warfare and police statism are more in play during Democratic administrations than are conservative critiques of despotism during Republican ones. Leftists opposed Johnson's war. Some even critiqued Clinton's handling of Waco and Kosovo.

I tend to think conservatives are more lockstep in support of their party, especially where it counts. This was certainly true on Berkeley's campus—not a good representation of American politics, I know! But I remember that the leftists were split among two dozen groups, each with a handful of vocal advocates, whereas all the campus conservatives were unified in the Berkeley College Republicans, the largest political group on campus. The Cal Democrats were even split on the Afghan war! (An event, by the way, that started me on my path of disliking the left less than the right.

Conservatives are very well organized behind their party, and seem to defend everything their president does. The question is: Will enough liberals continue criticizing the American empire when it's taken over by Democrats to make the switch, from our perspective, better? Will enough conservatives truly attack the Democratic administration for its unconstitutional despotism? Or will they instead encourage the Democrats to prove they can be tough by launching even more war and invasions of civil liberties than the current administration?

Obviously, the Clintons and the Bushes and the establishment in both parties are thoroughly statist: the difference between jackboot Democrats and spendthrift Republicans is nearly nothing. But what really matters to me is the overall political dynamic in society. In this regard, which party is preferable, from a libertarian standpoint?

Leave aside for the moment the question of divided government. I think we can all agree that a Republican monopoly on all three branches has been a disaster.


Wednesday, January 18, 2006 - 16:18


Kenneth R. Gregg
The great abolitionist, radical constitutionalist, freethinker and libertarian, Lysander Spooner (1/19/1808-4/14/1887), had been all but forgotten for generations until 1966 when No Treason: A Constitution of No Authority had been republished by Robert LeFevre's Pine Tree Press. No Treason... (described as "possibly the most subversive document ever penned in this nation.") hit libertarian circles like a bombshell. From that time on, the debate between free market anarchism and minarchism was fueled by the logical analysis of constitutional theory which Spooner brought. No one interested in the fundamendal connection (if any) between liberty and constitution (or meta-contract) and the process of legitimization could ignore Spooner. Indeed, now, nearly fifty years after publication, the debate continues. With the publication of Spooner's collected works and the rediscovery of another essay of his, Spooner's analytical works has influenced into entire schools of thinking, including his trenchant examination of juries, intellectual property, abolition, even political participation, has continued to affect even popular culture. Stamp collectors even admire him because Spooner set up a private postal service so successful that the federal government decided to outlaw it. Just a thought.
Just Ken
CLASSical Liberalism

Wednesday, January 18, 2006 - 20:23


David T. Beito
I expect this sort of thing from Scalia but Clarence Thomas? Despite his conservative social views, he voted last year to defend the rights of states to pass medical marijuana laws. Now, he votes to overrule them on assisted suicide.

Hat tip Oscar Chamberlain.


Tuesday, January 17, 2006 - 12:50


David T. Beito

Last January, I put up these statements from Martin Luther King, Jr. in his book, Stride Toward Freedom: The Montgomery Story published in 1957, but they are well worth repeating:

During the Christmas holidays of 1949 I decided to spend my spare time reading Karl Marx to try to understand the appeal of communism for many people. For the first time I carefully scrutinized Das Kapital and The Communist Manifesto. I also read some interpretative works on the thinking of Marx and Lenin. In reading such Communist writings I drew certain conclusions that have remained with me as convictions to this day. First, I rejected their materialistic interpretation of history. Communism, avowedly secularistic and materialistic, has no place for God. This I could never accept, for as a Christian, I believe that there is a creative personal power in the universe who is the ground and essence of all reality-a power that cannot be explained in materialistic terms. History is ultimately guided by spirit, not matter. Second, I strongly disagreed with communism's ethical relativism. Since for the Communist there is no divine government, no absolute moral order, there are no fixed, immutable principles; consequently almost anything-force, violence murder, lying-is a justifiable means to the 'millennial' end. This type of relativism was abhorrent to me. Constructive ends can never give absolute moral justification to destructive means, because in the final analysis the end is preexistent in the means.

Third, I opposed communism's political totalitarianism. In communism, the individual ends up in subjection to the state. True, the Marxists would argue that the state is an 'interim' reality which is to be eliminated when the classless society emerges; but the state is the end while it lasts, and man is only a means to that end. And if man's so-called rights and liberties stand in the way of that end, they are simply swept aside. His liberties of expression, his freedom to vote, his freedom to listen to what news he likes or to choose his books are all restricted. Man becomes hardly more, in communism, than a depersonalized cog in the turning wheel of the state.

This deprecation of individual freedom was objectionable to me. I am convinced now, as I was then, that man is an end because he is a child of God. Man is not made for the state; the state is made for man. To deprive man of freedom is to relegate him to the status of a thing, rather than elevate him to the status of a person. Man must never be treated as means to the end of the state; but always as an end within himself."


Monday, January 16, 2006 - 16:11


Kenneth R. Gregg
A few recent online articles caught my attention:

On Carl Watner's Voluntaryist website:
"The Unconquered Remnant: The Hopis and Voluntaryism" by Peter Spotswood Dillard discusses Hopi Indian culture and history of interactions with political agencies.
Without Firing A Single Shot: Voluntaryist Resistance and Societal Defense. Carl Watner outlines some of the major issues in noncoercive mechanisms for protecting a society with historical references to the abolitionist/pamphleteer, Charles King Whipple (1808-1900).
Thanks to Wally Conger, Samuel Edward Konkin III’s unfinished book Agorism Contra Marxism is now available online in 10 essay sections, 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10. This is an important contribution to left libertarian (or left-rothbardian) literature and I am very glad to see it.

Just a thought.
Just Ken
CLASSical Liberalism

Sunday, January 15, 2006 - 16:06


Kenneth R. Gregg
Did Stalin mate primates with humans in the attempt to make superhuman soldiers? It sounds like something from a"Captain America" comic, but there is some evidence for it. Chris Stephen and Alllan Hall's article in The Scotsman, Stalin's half-man, half-ape super-warriors, makes this claim:
"Moscow archives show that in the mid-1920s Russia's top animal breeding scientist, Ilya Ivanov, was ordered to turn his skills from horse and animal work [he specialized in interspecies hybridization] to the quest for a super-warrior."

"According to Moscow newspapers, Stalin told the scientist: "I want a new invincible human being, insensitive to pain, resistant and indifferent about the quality of food they eat.""

"In 1926 the Politburo in Moscow passed the request to the Academy of Science with the order to build a "living war machine". The order came at a time when the Soviet Union was embarked on a crusade to turn the world upside down, with social engineering seen as a partner to industrialisation: new cities, architecture, and a new egalitarian society were being created."

"The Soviet authorities were struggling to rebuild the Red Army after bruising wars."

"And there was intense pressure to find a new labour force, particularly one that would not complain, with Russia about to embark on its first Five-Year Plan for fast-track industrialisation."

"Mr Ivanov was highly regarded. He had established his reputation under the Tsar when in 1901 he established the world's first centre for the artificial insemination of racehorses."

"Mr Ivanov's ideas were music to the ears of Soviet planners and in 1926 he was dispatched to West Africa with $200,000 to conduct his first experiment in impregnating chimpanzees."

"Meanwhile, a centre for the experiments was set up in Georgia--Stalin's birthplace--for the apes to be raised."

"Mr Ivanov's experiments, unsurprisingly from what we now know, were a total failure. He returned to the Soviet Union, only to see experiments in Georgia to use monkey sperm in human volunteers similarly fail."

"A final attempt to persuade a Cuban heiress to lend some of her monkeys for further experiments reached American ears, with the New York Times reporting on the story, and she dropped the idea amid the uproar."

"Mr Ivanov was now in disgrace. His were not the only experiments going wrong: the plan to collectivise farms ended in the 1932 famine in which at least four million died."

"For his expensive failure, he was sentenced to five years' jail, which was later commuted to five years' exile in the Central Asian republic of Kazakhstan in 1931. A year later he died, reportedly after falling sick while standing on a freezing railway platform."

I do not know of the story's veracity (it does sound like Stalin), but even if this this is a tall tale, it's a good one.

Just a thought.
Just Ken
CLASSical Liberalism

Sunday, January 15, 2006 - 18:10


Mark Brady
I suppose it was only a matter of time before an enterprising troupe would stage Thatcher: The Musical!. Well, next month audiences in Warwick can listen to"I’m the iron in the your bloodstream", while the backing singers respond with a chorus of,"Haemoglobin, haemoglobin".

"A production feting and satirising her life receives its world premiere at the 550-seat Warwick Arts Centre in Coventry on February 7 before a national tour.

"It is nothing if not varied, ranging from The Iron Lady, a punk anthem, to The Cabinet Shuffle, a ditty in the style of Noël Coward. . . . Eight actresses play the former Prime Minister in her many incarnations: Grocer’s Daughter, Twinset Maggie, Power Suit Maggie, Military Maggie, Britannia Maggie, Sacrificial Maggie, Broken Maggie and Diva Maggie, each wearing a more voluminous wig than the last until the hair rivals that of Lily Savage. The all-female cast will also play the parts of her friends and enemies."

The official website is here.

Sunday, January 15, 2006 - 23:56


Jason Kuznicki
Matt Welch's questions for pro-war libertarians (at Reason Online) has provoked quite a debate at my other blog, Positive Liberty. More below the fold.

Tim Sandefur, who supported starting the war (and who seems now to support a number of other things that I likewise do not), has replied in this post. Here are some of the highlights; Welch's questions are italicized, while Sandefur's replies are in Roman:


3) Can you imagine a situation in which the government would be justified in waterboarding an American citizen?

Yes. [Update:] I can imagine a lot. Obviously I am opposed to torture, or its simulacrum, in virtually any circumstance. But I cannot categorically rule out the possibility that waterboarding might be justified under some imaginable set of circumstances.

4) Are there American journalists who should be investigated for possible treason? Should Sedition laws be re-introduced?

This is two questions. Yes, there are probably journalists who ought to be investigated for treason. I don’t have anyone in mind, but I don’t categorically deny the possibility. And no, sedition laws should not be revived.

5) Should the CIA be able to legally assassinate people in countries with which the U.S. is not at war?

Yes.

My eyebrows were raised, to say the least. In the same post, he also offered a list of questions for anti-war libertarians. I'd already answered many of them in the interminable pro- versus anti- debates that happen regularly at Positive Liberty, but his questions provoked a spirited discussion all the same, with my reply, Sandefur's objection to it, in which he bristles at the idea that his replies were"unlibertarian," and a recap of the debate so far, in which I question the value of these sorts of questions in the first place: I find the reasons behind them to be much more important than any attempt to score points by answering"yes" or"no" at appropriate moments.

Finally, Sandefur's questions have also brought a set of answers from elsewhere in the blogosphere.


Saturday, January 14, 2006 - 05:34


Radley Balko
Another"isolated incident:"
Two Kauai police officers were sued in federal court yesterday for allegedly slamming two grandparents to the ground and putting guns to their head after wrongly suspecting they were marijuana dealers.

Officers Scott Kaui and Damien M. Mendiola, as well as Kauai County, are named as defendants in the suit brought by Sharon and William McCulley of Omao alleging violations of their constitutional rights, assault and infliction of emotional distress among others.

The police officers were tracking a box allegedly containing marijuana mailed from the mainland, and broke into the McCulleys' house March 15 because they thought the couple, who were at home watching their grandchildren, had the box, according to the suit.

[...]

Police entered the McCulley residence, thinking the McCulleys were holding the box.

According to the lawsuit, Mendiola grabbed Sharon McCulley and threw her to the ground, handcuffed her and pressed his gun into her head, leaving a mark, while her grandchild was forced to lie near her.

William McCulley, meanwhile, was thrown to the floor by Kaui, the suit alleges. McCulley, who suffers a nerve disorder and has an implanted electronic"shocking device" to his spine to alleviate pain, started flopping on the floor due to the shocks created by being thrown to the floor. He walks with the aid of a walker.

[...]

Police also searched another house without finding the box. Those people have made claims against the county but have yet to file a lawsuit. Police then went to a third house, where they found those with the box.

Well damn. Good thing they found the box. All that terrorizing and damn-near killing of people would have been for naught had police failed to find it.

But since they did find it, nearly scaring an elderly couple literally to death was worth it, right? I mean, it's the price we citizens have to pay in exchange for the government protecting us from the scourge of marijuana.

What drug warrior wants to volunteer his own grandparents for the next botched raid?


Saturday, January 14, 2006 - 05:36


David T. Beito
A popular theory in the history textbooks is that Franklin D. Roosevelt"saved" capitalism.

I don't buy it. I have yet to see any evidence that the U.S. was ever on the verge of revolution either before or after the rise of FDR. In 1932, for example, the Communists and the Socialists (primary indicators of radical or revolutionary sentiment on the left) scored between them a measly 2.5 percent of the vote. They did not elect a single member to Congress.

In 1932, FDR campaigned on a platform that differed little from that Al Smith in 1928 or, for that matter, his opponent Herbert Hoover. While he vaguely promised an undefined New Deal, he just as often attacked Hoover as a spendthrift. Politicians who promised retrenchment and low taxes, such as Governor Harry G. Leslie of Indiana, were often just as popular at the polls as those who promised more government.

To be sure, voters rallied to FDR's New Deal in 1933 but, in my view, this was primarily because they wanted action, not because of an ideological conversion. Given the poor state of the economy, it is probable that they would have climbed on board had FDR announced a program of spending and tax cuts instead. My sense is that the voters wanted change in 1933, not necessarily more government.

While quasi-fascists (actually populists) like Huey Long and Father Coughlin made waves, this was mostly in 1934 and 1935. If FDR"saved" the United States from the likes of them, why did they have their best years after his New Deal was implemented. Long's high point, for example, was 1935, when the NRA was already on its last legs.

I have a challenge for those who argue that FDR"saved capitalism." They need to start by answering two questions. When precisely did he"save capitalsm" and who did he save it from?


Saturday, January 14, 2006 - 11:47


Sheldon Richman
I just watched my recording of John Stossel's 20/20 special on America's public schools. While I don't agree with his solution, vouchers (having the tax money follow the kids), I applaud Stossel for vividly showing how bad the government's schools are and how reactionary the bureaucrats and teachers unions are. The system is destroying the future of so many children, and all apoloigsts for it are accomplices to the crime. Innercity parents are realizing what's going on and who's at fault. They have been sold out by their self-styled champions, the crocodile-tear-shedding state socialists, because the jobs are secure and the money isn't bad. (It can take years to fire an admitted sex-offender teacher.) Besides, public schooling is a mother lode of profits for well-connected"private sector" contractors who sell the system everything from paperclips and textbooks to food and buses. Collecting the taxpayers' money is so much nicer than hustling for customers in a real marketplace. (Smash the School-Industrial Complex!) It is truly a tragedy.

Cross-posted at Free Association.

Saturday, January 14, 2006 - 17:43


Roderick T. Long
For anyone interested, here are some links (in chronological order) to a discussion I’ve been involved in about libertarians and leftists; the posts are partly from my own blog and partly from LRC blog.

Roderick Long: Left Behind

Norm Singleton: Libertarians and the Left

Roderick Long: Ties that Bind

Roderick Long: Alienation, Assassination, and Inflation

Norm Singleton: More on Libertarians and the Left

Charles Featherstone: More on Libertarians and Leftists

Butler Shaffer: A Response to Charles

Stephan Kinsella: On Social and State Power

Charles Featherstone: On Social Power

Roderick Long: A Lefter Shade of Thick

Saturday, January 14, 2006 - 18:51


Roderick T. Long
[cross-posted at Austro-Athenian Empire]

How can you help Cory Maye – who from the facts I’ve seen shouldn’t even be in prison, let alone facing execution?

Charles Johnson offers some suggestions: write letters (to the governor, to the newspapers), use your blogs (write posts, display banners), contribute to the defense fund.

In a recent email Lawrence Krubner suggests you might also want to write a letter to Maye himself, to boost his morale; info here.

Saturday, January 14, 2006 - 19:13


Sheldon Richman
My latest op-ed, "It Takes Government to Create a Reading Crisis," distributed by the Future of Freedom Foundation, appears in the Baltimore Chronicle and Sentinal.

Cross-posted at Free Association.

Friday, January 13, 2006 - 07:14