Topic: Political Philosophy

“Health Care’s Future Is So Bright, I Gotta Wear Shades”

If you’ve ever wondered why a person would earn (and relish) titles like “ObamaCare’s single most relentless antagonist,” “ObamaCare’s fiercest critic,” “the man who could bring down ObamaCare,” et cetera, my latest article can help you understand.

Health Care’s Future Is So Bright, I Gotta Wear Shades” is slated to appear in the Willamette Law Review but is now available at SSRN.

From the introduction:

Futurists, investors, and health-law programs all try to catch a glimpse of the future of healthcare. Lucky for you, you’ve got me. I’m from the future. I’ve travelled back in time from the year 2045. And I am here to tell you, the future of healthcare reform is awesome.

When I presented these observations at the Willamette University College of Law symposium “21st Century Healthcare Reform: Can We Harmonize Access, Quality and Cost?”, I was tickled by how many people I saw using iPhones. I mean, iPhones! How quaint. Don’t get me wrong. We have iPhones in the future. Mostly they’re on display in museums; as historical relics, or a medium for sculptors. Hipsters—yes, we still have hipsters—who wouldn’t even know how to use an iPhone, will sometimes use them as fashion accessories. Other than that, iPhones can be found propping up the short legs of coffee tables.

I also noticed you’re still operating general hospitals in 2015. Again, how quaint.

It’s not often I get to cite MLK, Bono, Justin Bieber, the Terminator, Bill and Ted’s Excellent Adventure, two Back to the Future films, and Timbuk3, all in one law-journal article.

Govern a Great Country as You Would Cook a Small Fish

Peter Hannaford, a longtime aide to Ronald Reagan, has died at 82. As the Washington Post puts it, after Reagan’s term as governor ended in 1975, Hannaford “teamed with ex-Reagan aide Michael K. Deaver to handle radio broadcasts, newspaper columns and appearances that kept the presidential aspirant in the public eye” until his election as president in 1980. The Post obituary notes the last time Hannaford recalled sending Reagan an idea, in 1988 near the end of his presidency:

He had come across a saying attributed to a Chinese philosopher: “Govern a great country as you would cook a small fish.” Mr. Hannaford said he knew it would appeal to Reagan’s belief in applying only a light touch to free-market enterprise.

“I knew he would like it,” Mr. Hannaford said. “And sure enough, it was in the State of the Union speech.”

Indeed it was. The ancient Chinese philosopher was Lao-tzu (or Lao-tse, or Laozi). In The Libertarian Mind I write:

The first known libertarian may have been the Chinese philosopher Lao-tzu, who lived around the sixth century B.C. and is best known as the author of the Tao Te Ching. Lao-tzu advised, “Without law or compulsion, men would dwell in harmony.” 

And in The Libertarian Reader I include selections from the Tao. Not chapter 60, which Reagan quoted, but other sections with similar ideas:

19
Exterminate the sage [the ruler] and discard the wisdom [of rule],
And the people will benefit a hundredfold.

32
Without law or compulsion, men would dwell in harmony.

42
All things carry the yin and embrace the yang.
They achieve harmony through their interaction.

57
The more prohibitions there are,
The poorer the people will be.
The more laws are promulgated,
The more thieves and bandits there will be.
Therefore a sage has said:
So long as I “do nothing” the people will of themselves be
transformed.
So long as I love quietude, the people will of themselves go
straight.
So long as I act only by inactivity the people will of themselves
become prosperous.

75
The people starve because those above them eat too much tax-grain.
That is the only reason why they starve. The people are difficult to
keep in order because those above them interfere. That is the only
reason why they are so difficult to keep in order.

Against Conscience Taxes

In July, Georgetown law professor Michael Seidman and I had parallel op-eds in the Washington Times regarding religious objections to providing services to same-sex weddings. This wasn’t a point-counterpoint–neither of us saw the other’s writing before publication–but the Federalist Society invited us to respond to each other on its new blog. Seidman declined, but here’s my response. 

Professor Seidman fundamentally misunderstands the paradigm here. When people object to Obamacare Robertscare mandates or to facilitating same-sex weddings, they aren’t objecting to society’s basic laws or impeding government. Instead, they’re demonstrating the inherent social clashes that the government itself creates when it expands beyond legitimate bounds.

In other words, Seidman is correct to note that society couldn’t function if people decided they didn’t have to obey criminal laws—whether against murder or illegal left turns—but it can function very well indeed without forcing people to buy pay a “tax” for not buying health insurance. Seidman is likewise absolutely right that the government couldn’t fund itself if people could withhold tax dollars to the extent they object to federal programs, but nobody is hurt if a gay couple has a choice of 99 instead of 100 wedding photographers.

Yet Seidman sees no difference between regulations that ensure public safety and those that ensure politically correct attitudes, between generally applicable laws and those that redistribute income. It seems that in Seidman’s world, people have no rights or liberties other than those which the government deigns grant them.

From that worldview, a statist noblesse oblige could deign allow small deviations to placate eccentric superstitions, indulgences purchased for a token dhimmi tax. What’s a little freedom of conscience between friends?

Big Problems with Anthony Atkinson’s “Inequality: What Can Be Done?”

“The godfather of inequality research,”  is how The Economist describes septuagenarian  British economist Anthony Atkinson. A frequent co-author with Thomas Piketty and Joe Stiglitz, Sir Atkinson has written a book about inequality which a  New York Times reviewer described as a “flurry of largely recycled policy proposals.”   Inequality: What can be done? is all about “unapologetic support for aggressive government intervention,” says The Economist, and “a throwback to the 1960s and 1970s.” 

There is no need to buy the book, because the following summary – “15 Proposals from Tony Atkinson’s book ‘Inequality: What can be done?’ – is more than enough.  Each Proposal is in the author’s own words, but followed by my own view of Problems with those plans.  [I skip Proposals 9-11, which are just inflated versions of policies similar to those in the U.S. – the earned income credit, estate & gift tax, and property tax.]

Republicans Looking for Libertarian Voters?

Recently I got an envelope at home that looked important. It had no return address, just a notice that said “DO NOT DESTROY/OFFICIAL DOCUMENT.” Trembling, I tore it open. The reply envelope inside also looked official, with “PROCESS IMMEDIATELY” emblazoned across the top. But since it was addressed to the Republican National Committee, I began to suspect that it wasn’t actually an OFFICIAL DOCUMENT. It did say that I had been specially selected “to represent voters in Virginia’s 8th Congressional District” and that I was receiving documents registered in my name, with tracking code J15PM110. The document must be returned by August, 17, 2015.

So in another words, just another dishonest communication from a political party. The dishonesty didn’t even wait for the letter, it started with the outer envelope.

But I wouldn’t take time to complain about mere political dishonesty. What I actually found interesting was the first question on my 2015 CONGRESSIONAL DISTRICT CENSUS. It was a simple question, asking how I describe my political ideology:

1. Do you generally identify yourself as a:

  • Conservative Republican
  • Moderate Republican
  • Independent Voter who leans Republican
  • Liberal Republican
  • Tea Party Member
  • Libertarian
  • Other____________________

So it’s nice to see that at last political professionals are noticing the existence of libertarian voters. My colleague David Kirby and I have been writing about libertarian voters for about nine years now, starting with our paper “The Libertarian Vote.” In that paper we found that some 13 to 15 percent of voters give libertarian answers to three standard questions about political values. (And as Clive Crook wrote in the Atlantic, why do so FEW Americans give such “characteristically American answers” to the questions?) The Gallup Poll, with a slightly easier test, found that 24 percent of respondents could be characterized as libertarians. David Kirby found that some 34 percent of Republicans hold libertarian views, which might just be what the RNC wants to investigate.

However, our studies have also shown that more voters hold libertarian views than know or accept the word “libertarian.” In a followup study done by Zogby International we found that only 9 percent of the voters we identified as libertarian chose the “libertarian” label. (That is, only 9 percent of 15 percent, or about 1.5 percent of the electorate.) Fifty percent chose “conservative” and 31 percent “moderate.” So the RNC survey, even if the results are actually tallied, is likely to underestimate the number of Republicans who hold libertarian views. A better question, which they didn’t ask, might be 

“Would you describe yourself as fiscally conservative and socially liberal?”

In the Zogby survey 59 percent of respondents answered “yes” to that question. When we made the question a little more provocative, adding the word “libertarian”–

“Would you describe yourself as fiscally conservative and socially liberal, also known as libertarian?” 

–44 percent of respondents still said “yes.” Now that would be a fun question for the RNC to ask next time! Or indeed the DNC.

#LvCdebate — Is Libertarianism or Conservatism the Superior Political Philosophy?

Libertarians are frequently confused with conservatives in mainstream discourse, and  proponents of “fusionism” see libertarians and conservatives as natural political allies. But, are the two philosophies really as similar as many seem to believe?

For the last several years, the Cato Institute intern coordinators have extended an invitation to the Heritage Foundation to pick among their best and brightest interns to join two of Cato’s in an annual debate on the virtues of libertarianism versus conservatism, and the differences between the two ideologies.

It should be noted that the interns who debate do so in their private capacities and don’t necessarily represent the views of either organization, but the competition to be chosen is nonetheless fierce one, with Cato interns, at least, going through multiple levels of qualification to be picked. The resulting debate is an engaging and fun conversation about the meaning of individual liberty, limited government, free market, and policy that has quickly become a popular social event of the D.C. summer season.

Results from the Libertarianism vs. Conservatism Post-Debate Survey

The Cato Institute and Heritage Foundation recently co-hosted a debate in which interns from both organizations debated whether conservatism or libertarianism is the better philosophy. At the conclusion of the debate, the Cato Institute conducted a survey of debate attendees finding important similarities and striking differences between millennial conservative and libertarian attendees.

Full LvCDebate Attendee Survey results found here

The survey finds that libertarian and conservative millennial attendees were similar in skepticism of government economic intervention and regulation but were dramatically different in their stances toward immigration, LGBT inclusion, national security, privacy, foreign policy and perceptions of racial bias in the criminal justice system.

While the survey is not a representative sample, this survey offers a snapshot of engaged conservative and libertarian millennial “elites” who have higher levels of education and political information, and who chose to come to this event. To date, little information exists on young conservative and libertarian elites. Since these attendees are politically engaged millennials, their responses may provide some indication of the direction they may take both movements in the future.

Eighty-percent of millennial respondents self-identified as either conservative (41%) or libertarian (39%): This post will focus on these conservative and libertarian millennial attendees.