Category Archives: Libertarian opinion

Bad Bill Strikeout

Georgia now has its own variant of the Arizona “religious freedom” bill (recently vetoed by that state’s governor) known as HB 1023  (“Preservation of Religious Freedom Act”). At first blush the Georgia bill appears to uphold the libertarian principal of the right of association (i.e. the right to decide who we do or do not associate with). However, upon further analysis I have come to the conclusion that this is a bad bill and should be opposed. For those that don’t already know, the bill essentially says that if a person acts with a religious motivation then they are immune from any and all laws, ordinances, rules or regulations that might otherwise restrict the actions they undertook as a result of their religious convictions. Taken literally one could claim immunity from murder and theft if one stated it was motivated by religious belief. So on its face it is hyperbolically broad. Strike 1.

Proponents of this bill are engaged in a bit of prophylactic legal wrangling. It is currently completely legal to discriminate against homosexuals. But despite this apparent lack of protection there has been virtually no private sector discrimination of homosexuals. In fact the biggest discriminator against homosexuals has been the public sector aka government (non-recognition of marriage, non-equality in the tax code, etc.). Recently though two isolated cases of a wedding cake maker and photographer refusing to sell their services to gay couples under a highly specific scenario (wedding) has risen to the national news level. Following this outrage theater set on the national stage, the extreme Christian right felt the writing was on the wall and it would only be a matter of time until their views on homosexuals would be not just socially but legally verboten. Their only course of action? Legalize (or rather outlaw the illegality of) their peculiar brand of bigotry. Through this bit of legislative memorialization they attempt to normalize their position in society. Because, you see, if something is a “law” then that means it is “ok”, and conversely, if something is illegal then that means it is “bad.” Without laws to tell us right from wrong we would be rudderless in an ocean of moral ambiguity. Yes, sarcasm.

Racism, bigotry, sexism, ageism, insert-your-own-ism-here-ism are stupid, ignorant, sad, hateful, preposterous and irrational. But what they are not is criminal. In other words, it should always be legal to be a first class jerk. While we don’t need laws against boorish behavior in order to know it is unacceptable, we also don’t need laws that place the seal of state approval on such behavior either. Strike 2.

This bill does get it half-right on one front though. Everybody should have the right to act on their beliefs. But, this freedom should not be restricted solely to those possessing the religious get out of jail free card. Religious freedom is merely one flavor of natural rights based freedoms. Respecting everyone’s freedom means recognizing the fact that we each have the right to live our lives as we see fit, as long as we do not employ violence or the threat thereof to prevent others from doing the same. So, rather than exempting a subset of people from all laws, this bill should instead exempt a subset of laws from all people. In other words, it wimps out where it really counts: freedom. Strike 3.

To think that the fabric of society would fall to tatters without flecks of ink scattered upon slices of dead trees is to ignore the true source of order in society: the people. The vast majority of people behave in a civilized manner because the vast majority of people are not evil. Ask yourself, if all laws were repealed tomorrow do you truly fear that your friends, neighbors, and co-workers, would all try to rob and kill each other? Would you behave any differently than you do today?

Ends and Means

Suppose the following: In order to prevent crimes against children there exist laws that require all residences and offices to be wired with cameras that record all activity. Furthermore, this practice has existed for decades and is simply accepted by the populace as a necessary intrusion of privacy. Most feel they have nothing to hide and so quietly accept the intrusion. Occasionally though this tool is used to harass and intimidate those who are out of favor with those running the State. Unfortunately though, in spite of these abuses, the acceptance of a “greater good” arising from this system weakens any widespread dissent. Now suppose an elected official finally objects to this system. Suppose they propose a repeal of the law enforcing this system.  Does this mean they are “for” crimes against children? Or does it simply mean they are against State sponsored violations of basic human rights? To take an even more extreme example: if it were shown that killing all males over the age of 30 entirely eliminates all crimes against children, should we thus enact such a law? If we did so, would the proposed repeal of such a law imply we are “for” those that would commit crimes against children?

It is entirely possible to be unified in the ends we seek while disagreeing over the most appropriate means to achieve those ends. Just because some particular set of means might achieve an end does not imply or prove it is the ONLY or BEST way to achieve that end. Objecting to an odious set of means does not imply an objection to its ends. Those that make such assertions are intellectual midgets, political opportunists all too eager to play upon the fears of the crowd as they employ cowardly straw man attacks.

So what is the point of my little tale above? To wit, Georgia Representative Sam Moore has introduced a bill (HB 1033) that would repeal all state laws related to loitering (defined as being on public property, ejection from private property is always permitted). Such laws empower local authorities to harass and intimidate (also known as profiling) those that they feel “look wrong” or “may be up to no good.” Current anti-loitering laws (GA §16-11-36) impose upon the citizens of this state a duty to produce proof of identity when such an inquiry is made under color of law enforcement. Current law states the officer may graciously allow one to prove their innocence “by requesting the person to identify himself and explain his presence and conduct.” To be clear this does not relate to probable cause (i.e. unambiguous evidence of potential or actual malfeasance), it solely relates to pure gut instinct, and nothing more. That these laws have stood for so many years is a ludicrous offense to a country supposedly founded on individual liberty. Sam Moore should be praised for his courage in opposing the status quo, not vilified with a false narrative.

But that’s not really the part of the bill that has gotten so many fired up. Legislation, like making sausage, is messy. Frequently new legislation that overrides parts of other unrelated legislation is added years later. Although the statutes related to loitering have nothing to do with restrictions on registered sex offenders, those statutes make reference to the loitering statutes so as to supersede any restrictions against them. Thus this bill (HB 1033) repeals those other statutes as well to ensure the complete and absolute abolishment of all anti-loitering laws. What ?!? Police can’t indiscriminately ask anyone for proof of identity just because they happen to be near a school or church? Clearly Sam Moore must hate children. It’s simply not possible that he is just as much against those that would harm children as his critics but simply feels there is a more effective route to achieving this end than maintaining Nazi-esque unconstitutional “prove-your-innocence” laws. These laws are in fact racist holdovers from the Jim Crow era recycled with a new purpose; to fool the credulous into believing the lie that such laws will protect our children. They do no such thing. They simply create a false sense of security that lulls us into complacency, making it more, not less, likely that such a predator will succeed.

 

Unionvergnügen

In the words of Bob King, President of the United Autoworkers Union (UAW), the UAW has no long-term future if they cannot expand their membership into Southern auto plants. And it looks like that day may come sooner than anyone expected: workers at the Volkswagen plant in Tennessee recently voted by a margin of 53-47% against joining the UAW. The loss is even more stunning considering that VW welcomed and actively encouraged the UAW with open arms. Why were they so welcoming? Not only do labor interests make up half of the Germany based VW board, but VW was also keen to establish a German-style “works council” in their American plants. However, American labor law barred them from doing so – unless workers were unionized. Oh the irony; anti-union laws actually induced a company to invite unionization. Talk about unintended consequences!

But all is not lost. Perhaps if Bob King and the rest of the UAW were to adopt a more libertarian stance toward labor laws and thus began a push to have all such laws repealed, the UAW might actually have a fighting chance. Why do I say this? Consider the vote; 47% of the workers actually WANTED union representation, but, as with union voting and democracy the “majority rules” so the desires of the minority are simply squashed and ignored. But what if the 47% that wanted to join were simply allowed to join and the 53% that didn’t want to join did not? Would the sky fall? VW could deal with the 53% just the way they always have and then also deal with the newly unionized 47% however the union wished to proceed. If the union could accomplish those things it claimed for the workers then more workers would join of their own free will. And if the union failed to deliver, then workers would be free to leave as well. If VW wants to establish a “workers council” then let them. Why should some law stand in their way? But this law slashing cuts both ways. If the UAW approached say a Toyota plant but Toyota wanted nothing to do with the union then that is also their right. There should be no law forcing Toyota to negotiate with a union just as there should be no law forcing an employer to hire certain people. Freedom to choose with whom you associate is a fundamental natural right and it should not be abridged for wholly arbitrary and misguided notions of “fairness” implemented by sore losers that didn’t get their way.

Now some might say “oh that could never work, the non-unionized would “free-ride” off the non-exclusionary benefits of union backed negotiations.” Beyond better candy in the vending machine or more comfortable climate control settings I’m not really sure what these benefits could be, but even if that were the case, surely the value of the exclusionary benefits should vastly outweigh the trivial non-exclusionary fringe benefits of union proximity. One may derive some personal enjoyment benefit from viewing the country club’s grounds but such benefits pale in comparison to the amenities that the paying members may enjoy. If that is not the same situation with a union then that is one pathetic union.

In order for everyone to exercise their right of free association all laws relating to unions and labor must be repealed. Laws that compel union membership are as injurious to liberty as laws prohibiting it.

Defending the Undefendable? Walter Block addresses causes, not effects

On January 25, 2014 the New York Time’s published an article “Rand Paul’s Mixed Inheritance” in which they used highly edited and de-contextualized quotes from Dr. Walter Block (eminent and highly regarded libertarian scholar and economist at Loyola University) from an interview they had with Walter shortly before the article went to press. When The Daily Show makes light and distorts the words of Peter Schiff we understand they are mere clowns and it is their job to distort the truth in order to elicit a humorous response. However, when a publication such as the New York Times engages in such behavior we are slipping into the world of state-sponsored Pravda-esque media that deliberately distorts the truth in order to prop up the statist status quo by painting the picture that anyone who does not believe as they do must be “crazy” and if they do not appear to be “crazy” then it is perfectly acceptable to distort and misrepresent what they say in order to give that appearance (e.g. the Mises Institute comments in that article are so far off the mark it is laughable).

Subsequent to the Times article being published several members of the Loyola faculty as well as its President published open letters denouncing Dr. Block’s words. Tom Wood’s has built an excellent resource page giving all the relevant background for those interested in learning more. As a part of this effort to right the wrong against Dr. Block I submitted my own letter in response to the original knee-jerk finger pointing going on at Loyola. Here is my submission (with some slight style editing here):

15 February 2014

To: President, Faculty and Staff of Loyola University

The fact that you are so aghast at Walter Block’s recent remarks in the New York Times and elsewhere only serves to underscore why it is so important he continues to make the same point again and again. You are not simply missing the point – you are not even aware there was a point. Your indignation is wholly predicated on your (quite correct) disdain for the effects of slavery (violence, exploitation, horrendous living conditions, etc.) But that is not at all what his remarks pertained to. He was addressing the root cause and propagator of slavery: force. And how is such force made manifest both then and now? Government. Government (pre- and post- US revolution) protected, condoned, supported and legalized slavery. All the things you decry in your response were a RESULT of the very thing (force) he was denouncing.

Do you or do you not agree with the following sentence?: “<X> is good, but if <X> is forced upon the individual then it becomes <forced-X> which is bad.” If presumably you agree with this sentiment, then you must agree that by inserting the word “labor” for “X” we are left with nothing other than the very message Dr. Block was conveying. That is all.

Now, with respect to his characterization of slavery (i.e. the effects of slavery) being not “so bad” all I can say is that you clearly have never met the man, read his books or listened to any of his lectures. Were that the case you would realize he was merely engaging in pedagogical hyperbole in order to provoke a response that seizes the attention of the listener. To elicit thoughtful reflection from a student/listener, the deft lecturer will sometimes employ (obvious) exaggeration to invoke an [transitory] emotional response. Your decision to [remain mired in emotionalism] engage in a knee-jerk emotional response rather than [moving on to] thoughtful contemplation says more about your own intellectual intransigence than it does about your mistaken presumptions regarding Dr. Block’s beliefs. His provocation was meant solely to compel the listener to acknowledge the sheer futility of being angered by effects whilst simultaneously ignoring their very cause. Your response has only served to unwittingly demonstrate how correct he is in his efforts to spread this message.

Sincerely,

Dr. Gregory T. Morin

Facebook debate: does the state reduce violence?

Recent crazy Facebook debate (don’t you love those), here is the original link. Basically the debate had nothing to do with the original post, it devolved into a debate by one participant claiming that there is evidence showing how the establishment of a strong state over time has led to decreasing violence over time.

I and others called BS on this and then it got interesting. Since this is my blog I’m just posting my responses 😉 I’ve invited others to continue here if they wish. Enjoy.

 

Response 1: Violent death was an order of magnitude higher in non-state societies before the imposition of the state. This is fact.” – This may be fact but it is meaningless in terms of justifying the supposed violence minimizing effects of the state because all things are not equal. Violence is simply a tool that is a means to an end and it has an associated cost. Mankind’s ever improving level of technology (tools) makes our tools more efficient and less costly to implement, however violence always carries with it the same potential cost (ones own potential death or injury). In other words non-violent means to achieve our ends have been getting cheaper and cheaper over time when compared to violent means. So a couple of hundred years ago one could spend months farming 12 hours days or one could pick up a rock and bonk the local farmers over the head with it. Which one has a lower cost in terms of labor expended? 

Today initiating violence against someone for food would be absurd considering our efficient ability to create it means food is just about dirt cheap in comparison to what it was even a hundred years ago. Violence still occurs today but it is much more rare because it only occurs around those things that have a very high cost… so violent means are still “cheaper” means to achieve those ends. But the overriding fact is that as the standard of living goes up violence goes down irrespective of whether the society is state based or non-state based.

Response 2: @Jeff Cav – Why do keep bringing up Somalia? I didn’t bring it up at all… but if you must, Somalia is not at all an example of a stateless society nor is it even a good comparison if we were to accept that it is stateless. First you do have states there, that’s why there is so much chaos and disorder, because the nascent states within that region are all fighting with each other for dominance/control of the entire region. That is, the essence of what a state is is alive and well there – a group of self-appointed thugs that want to control and dominate the lives of others and skim their cut off the top from the populace in the form of “taxes”. There are just many of them all fighting within the borders leaving behind the chaotic landscape we see. Secondly, Somalia was poor and undeveloped when it had a state, it is still poor and undeveloped when so many now say it has no state… so how can you compare a poor undeveloped region to say the US and say “see clearly the US has a strong government and that’s why we are prosperous and Somalia now has no strong central government and they are poor and violence ridden because of the lack of that government” There is no ceteris paribus comparison here at all.

Moving on….although I will grant that it is at least theoretically plausible that a strong centralized authority (the state) could decrease incidence of violence within its borders (due to the “one gang to rule them all” effect), this is kind of pointless – it’s like saying we can eliminate all health care costs by simply killing all the sick people. As with Somalia, all organized violence stems from proto-states warring with each other… so yes, if one big proto-state comes along and crushes and kills them all (their leaders anyway) then that type of violence will disappear from within its borders. But to any extent where this is true it is completely more than offset by the enormous rise in violence made possible by larger organized states when they go to war against each other. ALL wars are only possible because of the existence of states, such organized killing on such a mass scale could simply never happen in a purely free and stateless society (what’s the point -it’s bad for business to kill your customer). So to the extent intrastate violence decreased, extra-state violence shot up orders of magnitude beyond that.

So what’s the solution? A stateless voluntary society. This solution does not assume everyone will be angels and there will be no violence, in fact it works just fine under the assumption there will continue to be bad people that will try to control others through violence. The response to such people is that everyone will have VOLUNTARILY joined insurance or protection agencies to keep them safe from those that would aggress against them (the precedent for this actually existed in Somalia and ancient Ireland: the clan system kept people in line VOLUNTARILY). These associations would not need to be held along geographic boundaries (just as people are members of disparate religions today all around the world side by side). Kind of hard to have a war if your members are mixed in with those you supposedly want to fight. The stateless society would of course not be perfect, it’s composed of imperfect humans… but it is far better than the state based society from an ethical standpoint and a consequentialist standpoint. The stateless society would eliminate war from this planet IF the entire planet adopted this system. I’m not saying this will happen today or even in a hundred years, merely that it should, that it is the ideal… and isn’t that the point, to strive for the ideal, to strive for the goal, even if unattainable today, we should always continue on that path until someday we get there, otherwise, what’s the point, we might as well just accept we are slaves and get back to picking the cotton for our master (the state).

Response 3: @Bruce – I don’t see where anyone in this thread said or implied that adherence to the ideal libertarian philosophy of a stateless voluntary society would _always_ bring about the ideal outcome and that a state-centered society will _always_ bring about the worst possible outcome. The argument for the libertarian ideal is from an ethical standpoint, not a consequentialist one. Theft is wrong – but it is also entirely possible a thief could steal and use those stolen funds for a better purpose than the original owner, perhaps to save a life, perhaps to start a new business that improves peoples lives – all of these things could and sometimes do happen. So in the same way as the blind hen sometimes find corn, sometimes the state manages to improve things on net. But that doesn’t make it right. That doesn’t make it ok. That’s all that is being said. However the state does get things wrong or screwed up way more frequently than it ever gets things right so it is very very easy to poke holes in arguments in support of it. Even those things you cite as being obvious benefits of the state (codified property rights, stable courts, etc) that libertarians should be thankful for can easily be shown to also be provided just as well not by a monopoly but a range of suppliers of those goods. To deny that more one entity can provide those things is to deny the possibility of anything other than a single global government. If 250 countries can provide these things, then why not 2500, or 25,000? There is no non-arbitrary method to determine the “ideal” number of competing political units providing their own unique take on property rights or courts. Saying we should be thankful to the state for these things is like saying slaves should be thankful to their master… I mean the master after all provides his slaves with food, clothing and shelter, right? Without masters, how will the slaves feed, clothe and shelter themselves? Without the state, how will people solve their own interpersonal disputes. The statist answers: they can’t, it would never ever occur to any humans to peacefully solve disputes through a court based system… we need special super intelligent humans to show us these things and force us to engage in them, these wise overlords know better and will show us how to run our lives, for without the state we are as but children.

Response 4: @Bruce  Sorry, if your response was more tongue in cheek I guess I missed that… tone is one of those things very hard to discern sometimes in forums such as these (and even email as well!) As far as your response… I didn’t think nor did I intend to accuse you of an sort of absolutism (e.g. “always” do this or that)… my comments were meant to be more generic in nature (i.e. when some people say such things, this is my response).

I’m not questioning your or anybody’s right to voice their opinion and say they think Jeff’s comment have some merit… I’m just saying I disagree with anyone that would say the idea has merit… maybe I’m wrong, who knows, I don’t think so of course or I wouldn’t open my mouth, I’m just saying I don’t agree and it is because of X, Y and Z. Simply because a bunch of us all do the same thing is not evidence of some grand conspiracy by libertarians to denounce and keep out all dissenting opinions – it is exactly the same response you would see from any opinionated group about any topic they hold strong opinions on when someone proposes a dissenting opinion. Try going over to a paleo group and discuss the merits of non-paleo diet… you’ll see the same kind of fervor in the response. In other words this is not a unique libertarian trait – it’s a human trait. If actual good logic or data is used to support the dissenting view some will just ignore it and some will incorporate that information and change their view.. but in this case it is my view there is no such good data as the data presented is easily debunked via an alternate analysis that is much simpler (Occam’s razor approach here)
The parallel of fundamentalism you bring in is an interesting one and I think it helps me make my point here. I see that those that we libertarians (anarchists?) would label as statist as being the political functional equivalent of a religious fundamentalist. Those apodictic beliefs are based on faith alone, they believe X to be true because they believe it to be true. For that kind of knowledge nothing can ever prove it to be wrong (i.e. I love my children, no one can prove that is not true, science can’t prove God is not real, it may not require a God, but that is not the same thing as actually proving one does not exist). Unfortunately the statists hold this type of faith based belief over subjects that are subject to falsification through inductive or deductive reasoning. When confronted with proof of their errors they squawk and hurl epithets and ad hominem attacks while slinging supposed “studies” that prove their case with cherry picked data in order to bolster their faith.
Most of what the libertarian “believes” in is based on inductive logic (economics) or a logically coherent philosophy (self-ownership) and should not be up for debate at all but sadly is due to religious fervor of the statists of the Keynesian denomination who attempt to use empiricism to falsify inductive logical truths. In other words if someone could logically prove some of what we libertarians adhere to is incorrect, we would (as scientists) change our views (well the intellectually honest would anyway). But the statist is unswayed no matter how much who show them to be wrong or misguided.
So when people question someone who makes a claim that here is an example where the state has actually done good and thus this is justifiable reason for a state we have to call them on it because based on our knowledge of these things we know this interpretation can’t be correct – this is not “faith” it’s call understanding of the knowledge framework. It’s like if you understand the theory of evolution and a creationist says “oh we found this thing and it disproves all of evolution therefore our view must be correct” not only does one have a duty to point out to them that (a) no, that data fits in with the theory like so and (b) even if that data were inconsistent with the theory it means we modify the theory as needed to fit the data, we don’t just dispose of the whole thing. Statists do the same thing, they want to say “oh, see the state did this one good thing that we don’t think would occur under your system, therefore your entire framework is wrong and the whole thing must be discarded” We libertarians can’t even get away with that approach – we can point out hundreds of things the state system gets wrong and yet somehow that doesn’t seem to invalidate it at all in the mind of the statist… so it’s odd that the statist seems to think they just need to find one example where they believe the consequences of a state based outcome are superior to the perceived possible outcomes of a non-state based system and that will then disprove all of libertarianism.
Now you then said “You’re tacitly agreeing that Jeff was right in his assertions while decrying that outcome as irrelevant because it did not conform to the libertarian ethos. I.e., that may have been the outcome but the outcome is bad because it’s not libertarian.”
No, that’s not what I said, but maybe I wasn’t clear enough. I said his interpretation was not absolutely impossible, just that it was less likely to be the principal cause relative to the cause I outlined. But even on his own terms he’s wrong. Even if we said the state is responsible for 100% of all decrease in violence in whatever time frame is being discussed, the decrease in intra-state violence is completely overwhelmed by the increase in inter-state violence (tens of millions dead in the 20th century alone from wars). War being completely a function of the state we can then ascribe all those deaths to the existence of the state. But my secondary point was not as you say the “outcome is bad because it’s not libertarian” – I said the outcome could even be good – (the ends) – but the means are still invalid.
Maybe that is the the core of the matter, libertarians are very focused on the morality of the means, whereas the statist is totally focused on the ends. Some might say the moral statist tries to balance the two (the individual rights vs the collective good), but I’m sorry, I just have to call bullshit on that. No one is wise enough to balance those things, and no one has a right to choose how they are balanced. Maybe my organs will save 10 lives… does anyone except me have the right to “balance” my right keep to my organs and live against the greater good of saving 10 lives?

Minority Report

This past Friday (December 27) a federal judge ruled that it is perfectly fine for the NSA to collect and review your phone and Internet records . Why is that? Well, those records don’t actually belong to you. This ruling is consistent with an interpretation of the 4th amendment protections against unreasonable search and seizure known as the “3rd party doctrine.” Under this doctrine anything you disclose to a third party is no longer yours and therefore loses all expectation of privacy. Since it is no longer private the government has free reign to sink their teeth into it without any of those annoying justice-impeding anachronisms known as search warrants.

Innocent until proven guilty will soon be replaced by harassed until proven innocent.

As with all government propaganda there is a thin veneer of truth that shamelessly attempts to obscure the larger lie – but these truths are about as effective in that goal as Miley Cyrus’s underwear are in making her appear demure in her Wrecking Ball video. Yes, if you disclose something about yourself to a third party that information is technically no longer strictly private (private meaning known only to yourself). However what eludes this judge and those before him is that it is possible to convey private information to a third party under the protection of a contract. The privacy policies of some companies inform their customers how the company will and will not use information collected in the course of the business relationship. This establishes a reasonable expectation of privacy concerning any information stipulated to remain private. Therefore the 3rd party doctrine does not apply (even though the government wishes otherwise) in those situations where the consumer has a reasonable expectation of privacy per agreement with the third party. It would appear the mantra of the government is that expediency in catching the “bad guys” trumps all other concerns.

The judgment in this case is moving this country backward. Back to the 18th century that is. Back then the use of the “general warrant” by the British rulers was commonplace. A general warrant is distinguished from other types of warrants (i.e. arrest warrant, search warrant, etc.) in that it permits the holder of such warrant to pretty much do anything they want. They can search anything, anytime, anywhere and arrest anyone for any reason. If the principle of the 3rd party doctrine is applied consistently in future cases then it means the federal government has a general warrant to search anything not in your house. There is therefore no barrier to the government demanding the bulk disclosure of: patient records from doctors, purchase records from credit card companies, banks or other businesses, or school records from universities. This data could then be placed into a massive database and “mined” in order to uncover patterns and connections in a futile attempt to flush out the “bad guys.” Today the bad guys are the terrorists, the drug dealers or organized crime (ironically all entities created as a result of government interference). Perhaps tomorrow the enemies will be anyone who dissents from the approved public opinion of his or her masters, that is, The State. Someday soon the world’s mightiest super computers will employ predictive algorithms upon this ocean of data as they attempt to predict undesirable future behavior. Department of Pre-Crime at your service.

Perhaps the above sounds a bit far-fetched, but remember, there is nothing in the arguments currently employed to justify mass collection of data that would preclude these alternative forms of data collection. Just ten years ago the currently revealed mass collection of data would have seemed far-fetched. Just imagine what they can do ten years from now.

In this brave new world that is fast approaching our freedom will be instantly curtailed at the pleasure of any investigatory bureaucrat who doesn’t quite like our answers as they relate to our algorithmically questionable activities. If you become ensnared in this trap then you’d better hope you have an alibi. Innocent until proven guilty will soon be replaced by harassed until proven innocent.

Ignore the Cause and Suffer the Effects

The Washington Post recently published  a retrospective account of the deaths of 91 children in 2012 to highlight the one year anniversary of the senseless shooting rampage at Sandy Hook Elementary in Connecticut in December 2012. Clearly this article was intended to strike an emotional chord that would resonate with any sane person. The media revels in painting emotionally charged landscapes in the hopes that it will rouse the public to call on their saviors in government to save us from ourselves. And while the stories are indeed heart wrenching they actually undermine the narrative that these deaths are entirely a consequence of the prevalence of guns in society. Although the deaths were indeed the direct result of gun fire per se, the stories broadly fall into two categories of causation that have nothing to do with guns themselves being the causative agent of death. The first category is the most heart wrenching: that of the child’s parent or paramour of the parent being the killer. These were not accidental shootings; these were clear and deliberate murders of these children at close range. Had there been no guns available in these situations clearly a knife or any large blunt object would have done the job. In other words, absent guns, the outcomes for all of these stories would have been tragically identical.

The second category is that of accidental crossfire in drive by shootings or other gang activity. Obviously distance based killing is more easily facilitated by guns, however consider the fact that gangs are simply groups composed of criminals (people who already ignore all laws) so how could one reasonably expect even a total ban on all guns to have affected such activity? Criminals are no more going to obey laws banning guns than they obey laws against murder or theft. However, it is important to step back for a moment and ask why do these terrible drive by shootings occur? What is the source of so much gang violence? Drugs, or rather the prohibition of drugs. The prohibition of an economic good drives up its price and thus the incentive for people to engage in providing that economic good to those wiling to pay the high price. However, being outlawed, the trade of such goods lacks any formal legal protection, therefore those parties involved in its trade have no choice but to resort to violence in order to settle their disputes. The result? Far more innocent people being killed by drug prohibition related violence (as well as wrong-address-no-knock police raids) then have ever or could have ever been harmed by the drugs themselves.

If we are truly desirous of decreasing not only gun violence but all violence we must address the causes and not simply attempt to put band aids on the effects. Absent drug or other economic goods prohibitions all gang violence would cease insofar as most if not all gangs would dissolve as their central raison d’être (exorbitant profits from the sale of prohibited goods) would cease to exist. In terms of violence committed by parents against their children it is immaterial to question the means by which such violence is perpetrated: gun, knife, rope, hands – you can’t ban them all. All we can do is resolve to be more engaged with our neighbors in order to see the signs of potential violence.

If we wish to change the society we live in, we must individually act to be part of that change. It is our responsibility, not government’s. Delegating our wishes to government is the act of the indolent and cowardly; too lazy to try and persuade and too afraid to carry out the violence needed to force your neighbors to follow your worldview.

Leave my Genes Alone

The aphorism “No good deed goes unpunished” has its counterpart when applied to business, “No good innovation can remain unscathed by the FDA.” To wit: last week the Food and Drug Administration all but ordered the company 23andMe to shut down. Their crime? They have the unmitigated gall to market their Personal Genome Services without having received prior “marketing clearance or approval” from the FDA. Those silly saps at 23andMe forgot they have to kiss the ring of their overlords if they wish to operate a business in this country.

For those unfamiliar, 23andMe sells a $99 genetic testing service wherein a customer submits to them a saliva sample that the company then performs a variety of genetic tests on in order to reveal any potential health concerns (e.g. the presence of genes predisposing one to certain types of cancer or sensitivity to certain drugs, etc.). The tests can also reveal hereditary information to provide one with possible ancestry background as well. All of this is wrapped up in a pretty slick website (that actually works!) that allows the customer to explore his or her results. They’ve basically turned something rather dull and boring (medical testing) into an exciting process of discovery that is actually affordable. With that said, the processes and testing they employ are all well vetted industry standard type testing procedures. They are simply taking existing technology and repackaging it into an easy to understand and affordable package in order to make it available to a much wider cross segment of society.

So what is the FDA’s beef with them? It’s basically semantics. You see, when either the FDA or EPA gets involved with business then all common sense goes out the window. Water becomes an insecticide and aspirin a dangerous drug. A fanciful example will help illustrate: screwdrivers are used to turn screws, and so they can be sold to turn screws, no problem. But if you now decide a screwdriver can also be used to poke holes in things or to act as a tool to pry something open and you wish to market it as a “device for poking holes or prying”, then you are now guilty of selling a “mislabeled and misbranded” product because you have not engaged ABC federal agency to plead for approval of this new application of existing technology. You will need to submit studies and analysis demonstrating that the screwdriver can indeed do these things.

That’s basically the hole 23andMe has fallen into. The FDA is concerned that they are marketing a process in a new and therefore unapproved way and they are also concerned that consumers of this service are incredibly and remarkably stupid. The FDA believes that if someone gets a false positive from one of 23andMe’s PGA tests that naturally that someone will simply take immediate and drastic actions without any kind of follow up testing or consultation with their physician. If a woman finds she has the breast cancer gene, well, she’ll just get a double mastectomy, no questions asked. If someone finds out they are prone to blood clots, they’ll just go out and start eating rat poison (the blood thinning agent warfarin is found in rat poison) in order to self medicate. Yes, as absurd as these concerns are, this is what the FDA is trying to protect us from. Of course never mind that 23andMe has very large and obvious warnings on their site that one should always consult with one’s physician before taking any steps based on test results.

So, at the height of concern in this country about rising medical costs a company steps up to the plate, provides a low cost non-invasive test that affords the customer the ability to proactively manage their health thereby preventing future costs. And how are they rewarded? The FDA valiantly steps in to all but put them out of business by forbidding them from marketing their product. Smart. Really smart. It is through actions such as these that the FDA has caused and will continue to cause far more pain, suffering and death then they have ever prevented.

Obamacare Kills the Family Farm

Obamacare is poised to put the family farm out of business. Although not directly applicable to the food industry, it has spawned sibling legislation whose ends are aligned with the Obamacare mandate of lowering health care costs for the nation – by any means necessary. Toward that end the “Food Safety and Modernization Act” was passed in 2011 which has now spawned a new round of FDA rulemaking known as proposed rule “Current Good Manufacturing Practice and Hazard Analysis and Risk-Based Preventive Controls for Human Food.” The primary stated goal of this proposed rule (according to the FDA) is to “reduc(e) the public health burden of foodborne illness associated with contaminated produce.”  A worthwhile goal, I’ll grant that. However setting aside for now the question of constitutionality of a federal agency laying down rules to govern activity that is wholly intrastate in nature, there are a number of problems with both the implementation, results and costs associated with this end goal.

Some of the more absurd components of this proposed rule include (a) WEEKLY testing of water “before it touches the surface of any fruit”, (b) where manure has been spread one must wait 9 MONTHS before harvesting, and (c) the maintenance of DAILY clipboards of records of every event that takes places on the farm related to food production. As with any regulation there is a cost involved. Irrespective of the industry it is always the large entity that has the advantage relative to its smaller competitors in terms of bearing the additional costs of new regulation. Therefore it should come as no surprise that this proposed rule would have the effect of putting many small farmers out of business (there are exemptions for “small” farmers, however these merely delay the timeframe of implementation). But don’t take my word for it, you can read the comments of such farmers themselves at the FDA’s comment site.

Now at this point the progressive may be protesting, “But, but, this rule will save lives and if some small farms must be sacrificed to achieve that goal then as long as the greater good is being served this is an unfortunate side-effect.” Although seeing as how most progressive types are proponents of buying locally grown produce (itself not a bad concept) I imagine their heads will explode when they realize this “greater good” will have the net effect of putting so many small farmers out of business it will all but kill the “buy local produce” industry.

Even by FDA’s own best estimates this rule would potentially reduce the incidence of food borne illness by 2-5% (i.e. save no more than 67 lives per year or about $14 million per life). And while I would gladly spend $14 million to save the life of a loved one, I don’t have $14 million nor do I (or anyone) have the right to use government to fleece my neighbors pockets for that $14 million on the off chance it might save a life I care deeply about.

The emotional response of “we can’t put a value on a human life” runs afoul of the economic law of diminishing returns. Whenever a brand new type of regulation was introduced (pollution, car safety, etc) we witnessed massive improvements – because nothing existed before that (not that such regulation was necessary however, seeing as how these types of regulations were merely a response to prior government induced market distortions). As a hypothetical example, seeing that $1 billion in regulatory costs reduces deaths from 1 million to 1 thousand legislators naturally will assume even tighter regulations costing another $1 billion will do the trick – but it doesn’t work like that. Those new regulations reduce deaths to only 900, another billion to 850 and so on. The low hanging fruit was picked with the initial round of regulation; the minuscule amount of fruit at the top takes exponentially more effort to pick.

Ok, fine, you may say, a human life should not have a dollar value attached – we should spend and spend to stop all deaths. Although publicly we may profess such sentiments, our actions speak very differently. If our safety were paramount to the exclusion of all monetary and non-monetary costs then we would either choose to drive at 1 mph at all times or spend hundreds of thousands of dollars to drive a military grade armored tank. But we don’t do that because safety is a luxury and we can only afford luxuries to the extent we have produced above more than the bare essentials. This, by the way, is why human conditions were so much less safe years ago and are so in third world countries today – not due to any lack of government oversight but rather due to lower productivity, which puts luxuries (such as safety) out of reach. So although we are bound by our productive capacity when determining how much we personally want to spend on safety, government knows no such bounds. Whether it might cost $100 billion or $100 trillion to potentially save one life is of no concern to those that bear none of the costs.

Marietta Braves?

Unless you are a baseball fan or local politics wonk you may have missed the big news last week: the Atlanta Braves will be leaving Atlanta for greener fields in Cobb County beginning with the 2017 season (speculation has already begun whether they will change their name to the Marietta Braves). This move has created a teachable moment concerning bureaucrats who credulously believe they can derive a net benefit by subsidizing the profits of private business via the public tax trough.

The particulars of this prospective Braves relocation are rather interesting in light of the epidemic of head-in-the-sand disease that is sweeping through Cobb County government. The Braves have released an infographic that details the massive extent to which Cobb County will be bribing, err, supporting them. The Cliff Notes version is this: Cobb will cover 45% of the overall $672 million cost of the project through a mix of new and increased taxes amounting to $18 million per year over the next 16 years. This tax expense will however be offset by increased local retail spending that will bring in an (estimated) whopping additional $89 thousand per year in sales tax revenue. I don’t know, maybe I’m being unfair: Would you pay $180 a year for the opportunity to possibly earn as much as a cool 89¢? The math for this deal just does not work. Cobb County would have to realize an ADDITIONAL $1.8 billion in retail sales just to break even. Given that the current total amount of retail sales in Cobb County is $2.1 billion that seems a bit of stretch to imagine that a mere baseball team could nearly double the entire retail economic output of the county.

There is nothing wrong with the Braves relocating to wherever they desire. However, they should bear 100% of the cost of their relocation speculation. It’s lose-lose for the taxpayer. If the move goes well for the Braves then the taxpayer has paid for something the Braves could have paid for themselves. If the move goes poorly then the Braves are shielded from the effects of that bad decision via the taxpayer picking up nearly half the tab. Some will invariably argue that the local community should bear some of the costs to lure the Braves to their neck of the woods because the local community will indirectly benefit. To accept such a flawed argument one must also accept the premise that Walmart should likewise demand to be subsidized by other businesses nearby because those businesses will derive increased traffic owing to the “anchor” location of the Walmart. Everything each one of us does will conceivably benefit someone else indirectly. This argument, taken to its logical conclusion, demands that we should all attempt to extort money from our neighbors before we do anything.

But, we can’t really blame those in charge over in Cobb County for making such absurdly wrong-headed decisions; they are simply following precedent. Those who can think, think, those you can’t, follow precedent. Local (and national) governments have been hooked to the same economic voodoo for decades. They wish/hope/believe that if they offer up financial support to a private business looking to relocate within their territorial boundaries that the potential increased economic activity will provide a net benefit to them and their constituents. Unfortunately wishing for something doesn’t make it so. In fact there has never been a situation where such subsidization has bore net economic fruit. So why do governments keep making the same mistake over and over? Because government has no feedback mechanism to correct their mistakes. There is no profit and loss test. If they subsidize some boondoggle and it doesn’t pan out (a loss), oh well, the taxpayers will still have to continue paying for it for years after the private entity they were subsidizing is gone and those elected officials have left office. Government legally can’t go out of business, so they are free to make the same mistakes over and over. The people may “vote the bums out”, but the institution remains. The aphorism “Those who fail to learn from history are doomed to repeat it” is nowhere more true than with government.