Category Archives: Election

Oconee Liquor Referendum: A Vote Less Traveled

“Shall the governing authority of Oconee County be authorized to issue licenses to sell distilled spirits for beverage purposes by the drink, such sales to be for consumption only on the premises?”

 

This is a difficult question for the principled libertarian. It’s a bit like asking the antebellum electorate whether a law requiring slave-owners to not separate families should be passed. Obviously that would be an improvement but the very asking implies consent with the legitimacy of the immoral institution of slavery. Likewise allowing business owners slightly more flexibility in what they are permitted to offer to their voluntary, paying customers is a step in the right direction. But, one must also recognize that such approval implies acquiescence to the right of existence of a “governing authority” that can by decree or popular vote dictate what some people may or may not do with their own justly acquired private property within the invisible lines that define this particular segment of planet Earth as Oconee county. Ethically no such “governing authority” should exist.

To understand why this is so consider the following: People of different religious beliefs can all live side by side in the same community without any (well almost) desire to force their neighbor to conform to their particular set of beliefs. But when those beliefs are secular in nature suddenly it makes perfect sense that the beliefs of the majority are the ones that should govern not merely that majority, but all who live amongst that majority and within an arbitrary boundary. There is no logical basis as to why one type of belief should be respected and another type ignored when it comes to majoritarian impositions on one’s neighbors.

If you don’t want to imbibe a real tequila based margarita, then don’t, but you have no more of a right to tell someone else that they cannot than does an old school Catholic have the right to tell you that you can’t eat meat on Fridays or the Jew to tell you that you must power down all electrical devices for the Sabbath. Indeed it is curious that one extreme segment of the Christian community is so vociferous in their opposition to this referendum. Setting aside the ecclesiastical distortions that lead some to the opinion that alcohol is evil; there is no evidence Jesus ever said his teachings were best enforced by state decree. Following His word willingly is the only gift we can give Him. But a gift given under duress is no gift at all. Such laws rob others of the opportunity to make that willing gift. But, I digress.

Although on the one hand most Americans will espouse support for the ideas of liberty, respecting the rights of the individual and generally minding our own business, when they go into the voting booth those same Americans will engage in a process that is the antithesis of those concepts. Consequentialism, utilitarianism, call it what you will, but that is the thought process that drives many. Rights are important, but if people exercise the right to do X then that might result in Y, therefore WE can’t allow this. The ends justify the means and our rights are trimmed on the altar of Might Be. Recognizing possible deleterious scenarios and working to minimize them is fine – as long as the methods employed do not resort to aggression, that is, the initiation of violence against another. That is what law, ordinances and licenses are – implied aggression. Implied aggression becomes actual aggression if the ordinance or license is ignored.

“But without ordinances and licenses there would be chaos” is the usual rejoinder. No, there would not be chaos. There would simply be a different outcome. Different does not equal chaos. Chaos is simply code for “not the outcome I personally want to see.” But the individual is not powerless to prevent that which they fear in a world of voluntary societies free of coercive “governing authorities”. If you don’t want to see certain kinds of businesses or land use patterns within a certain distance from your residence then you can join like-minded people and put your money where your mouth is. Buy up all the land around you, and then you are free to decide how it is used. If that is too expensive then this is society’ way of telling you that it values other uses for that land more highly than you value it for the purpose you desire. Who are you to argue with society? After all, the people have spoken.

The Voting Games

We are now less than two months from Election Day and the usual furor over voting has moved from low simmer to boil. Wisconsin’s voter ID law was reinstated last week setting off the usual liberal chorus about limiting votes. And in our own back yard, Georgia Republicans are chiming in to their own refrain about too much voting. It seems Dekalb County will now have Sunday voting. The Republicans have taken a perplexingly tone-deaf stance on this issue. Their oppositional argument amounts to: Sunday voting enables more minorities to vote, minorities don’t vote Republican, so this is bad. If the Republicans had any kind of political savvy they would come out in full support of Sunday voting and in fact should one-up the Democrats by supporting Saturday voting as well. It may come as a shock to some, but most people work on Tuesday (the traditional voting day). Perhaps, just perhaps, voting should occur on the day (or days) that maximizes the availability of the majority of the population. If Republicans truly are the friend of business they purport to be, then they would support weekend voting since weekday voting is invariably disruptive to business operations.

On one thing though the Republicans have a point (although not the one they intended nor the one they are being skewered for). Georgia Senator Fran Millar stated “I would prefer more educated voters than a greater increase in the number of voters.” He is of course using the term “educated” in the sense of specific knowledge about the candidates or issues even though his opponents would like to frame his comment to imply minorities voters are simply “uneducated” in a broader sense.

I agree with Senator Millar – the voters should know whom they are voting for and why – and toward that end I propose that in order to be compliant with state law regarding campaigning near a polling place, that all notations of party affiliation be stricken from the ballot during a general election. That means no more “D” or “R” or even “I” (incumbent) next to names. These notations are a form of campaigning insofar as it achieves the same effect that campaigning would: the transmission of information to the voter about a candidate, even if in broad terms. If a voter cannot be bothered to know the name of their candidate, then they truly have no business voting. Such voters are muddling the process with noise and diminishing the voice of those that did take the time to become educated. Imagine the outcome of a vote on the best baseball player if 70% of the people voting know absolutely nothing about baseball? How valid do you imagine those results would be?

With respect to Voter ID laws I have never understood the controversy. In every other organization that uses voting as a means of decision making (clubs, unions, corporations, etc) no one would ever think of allowing someone to vote without first validating that they are indeed a member of said group. Why does this generally accepted principal vanish when it comes to voting in elections of the state? If you are a “member” (i.e. citizen) of the state, then show your membership card (this by the way is the only legitimate place a state can ask its citizens for ID). Why are some so concerned with the rights of others that those others apparently hold in low regard (seeing as how they can’t be bothered to exert even the minimal effort needed to obtain a voter ID card)?

Some argue that little evidence exists of voter fraud involving non-citizens or double voting so why bother checking ID. That argument is specious; it’s parallel would be the operation of a business with unlocked doors and no cashiers because that business determined its shoplifting problem exists only to the extent they occasionally happen to witness someone shoplifting. As the Russians say, “trust, but verify.”

So maybe we can reach consensus here, if we can agree that only citizens should vote, then it follows that once proving one’s citizenship, the form, manner, timing or location of said vote casting is immaterial.

Speech, Money and Means

Elections, campaigning, voting; these are all creatures of the state. To the extent the state itself is illegitimate, it is wasted effort to debate the legitimacy of internal rules of an illegitimate entity (a bit like arguing over the moral distinction between thieves that pick locks vs those that break down doors). So discussions concerning whether the government should limit political donations to this amount or that amount is entirely academic; there is no right or wrong answer given the larger context that compelling all to accept the outcome of an election is the true affront to individual rights (that is, the right to choose with whom one will associate).

With that said, however, I would like to touch on a common philosophical misconception that has been reignited with the recent Supreme Court decision in McCutcheon v. FEC. In this decision the Supreme Court struck down limits on total donation amounts to candidates and political committees (while retaining certain other limits). The predictable knee-jerk response then ensued from the progressive media outlets: Unrestricted giving means our democracy is for sale! More money in politics means only the well-funded candidates will win elections! Money is not speech! Ok, stop right there. The first two assertions are at least plausible (although plenty of examples abound where the more well-funded candidate lost), however denying the essential connection that money and speech have is to engage in intellectual dishonesty

What does the right to free speech entail? (Before I continue, for clarity’s sake “speech” is shorthand to describe any action that externalizes the thoughts or ideas of an individual). Does free speech mean we should be able to speak for free? No. It means that it is impermissible for anyone (which includes government) to aggressively interfere with an individual’s exercise of speech (assuming the speaker has not voluntarily agreed to limit that right under contract). Conversely it does not obligate anyone to assist an individual in his speech efforts. That is, speech is a negative right. If one wishes to spread their speech more efficiently, they may employ their own means (money, printing press, radio station, etc.) or they may ask others to assist them in their effort by providing them with those same means.

Speech is a means to an end. That is to say, we exercise speech in order to achieve some end. Means themselves often require other means to achieve them. For example, I buy gas (means) to use my car (means) to drive to work (means) to earn money (means) in order to buy food (means) to keep me alive (end). In a campaign the candidate’s end is to make the public aware of his candidacy and persuade them to cast their vote for him. This is done through speech from the candidate to the public. Speech is most efficiently disseminated using tools (print, radio, TV, etc) and those tools can often only be obtained via monetary trade. So, perhaps money is not literally speech in the same way that gasoline is not literally food, but in both cases the former is a direct link in the causal chain of means to achieve the latter end. To deny the significance of money as it relates to speech is to deny the legitimacy of utilizing any means to achieve some end.

For those concerned with the possible distorting effects of money in politics I would suggest ending the fixation on limiting money and rather focus instead on what the money is buying: power. If we commit to limiting the power of government over our lives, we will find the appeal of purchasing such impaired power likewise diminished.

Staples… yeah, we’ve got that!

Among the many positions being voted on November 6 is the rather mundanely named “Public Service Commissioner.” In Georgia we have a government granted monopoly for providers of various utilities (electric, natural gas, telecommunications) and in order to keep Joe Citizen from getting gouged by a state imposed monopolistic system the Public Service Commission was established to allow the citizens to have an indirect voice in keeping prices in check. I suspect that this innocuous naming was a concession to those regulated industries in order to minimize the potential that the public might actually become aware they could exercise such control. Perhaps “Monopoly Justice League” might garner more voter attention.

Why do I bring up this seemingly sleepy little race? Because it is one of those rare circumstances where Democrats, Republicans and Libertarians can (or should) all agree that ethics trumps party affiliation. The incumbent candidate for PSC District 5, Stan Wise (R), has engaged in behavior that while following the letter of the law clearly does not follow its intent. People associated with the utilities he regulates have contributed about 90% of the funds received in his reelection campaign.  I see no need to waste words on painting the obvious conflict of interest. Of course I suppose it is possible such donations had no such influence. Just as it is entirely possible Mr. Wise coincidentally voted repeatedly in a way that benefited the regulated industry at the expense of the citizens. It is possible.

Fortunately there is a choice in the District 5 race: David Staples (L). David has taken a pledge to accept NO gifts of any kind from anyone connected to regulated industries. Although David is a Libertarian, allow me to set aside any concerns those of you who normally vote D or R might have (well I suppose just R, as for the D’s reading this, it should be an easy sell to vote for David insofar as you are voting against the Republican – there is no Democrat candidate in the District 5 race). Even if you disagree with Libertarians on some issues, those issues are irrelevant on the PSC owing to the limited powers the PSC has from an ideological and legislative standpoint (i.e. the PSC can’t legalize drugs!). Basically the PSC votes on rate increases and monitors functions that will impact consumer costs (e.g. nuclear reactor construction). That’s about it. They cannot make or introduce new law. From a financial standpoint a libertarian is the ideal candidate for this position. Just as they turn a skeptical eye to big government proposals for increased spending, they will turn the same skeptical eye toward big utility proposals for rate increases. Likewise, a libertarian will seize on opportunities to enhance free market competition within the boundaries of the current monopoly system. Competition should be encouraged since it can only reduce prices. For example, it is illustrative to see the views of current commissioners regarding competition. Currently the Territorial Electric Service Act of 1973 does not allow any business to compete with a utility in its “region” (turf). This policy has thus far barred from Georgia the possibility of increased use of solar energy through a market based (rather than taxpayer funded subsidy based) approach that would eliminate the high upfront cost barrier. It is therefore illegal for a company to install solar panels free of charge on a customer’s home and simply charge the customer on a per kWh basis just as an electric utility would.

David Staples would vote to allow such entities to enter the market when and if that act is modified by the legislature. However, Stan Wise holds the paternalistic view that Georgia is “far from ready” for such arrangements.  Gee, thanks Stan, but I’ll make that decision on my own, I don’t need your guidance. On November 6 vote for ethics and for choice. Vote for David Staples. See www.votestaples.com & this interview for more info.