2012 Elections
Race, liberty and Ron Paul
The libertarian standard bearer trashes the Civil Rights Act
Republican presidential candidate U.S Representative Ron Paul (Credit: Joshua Lott / Reuters) Did the Civil Rights Act of 1964 put America on the path to a police state? The answer is yes, according to Ron Paul, the Texas Republican Congressman and candidate for the Republican presidential nomination. Appearing on CNN’s “State of the Union” on Sunday, Paul explained that the Civil Rights Act of 1964 “destroyed the principle of private property and private choices” and “undermine[d] the concept of liberty.” The candidate drew a direct line from the Civil Rights Act to illiberal legislation passed in the panic that followed the 9/11 attacks: “Look at what’s happened with the PATRIOT Act. They can come into our houses, our bedrooms our businesses … And it was started back then.”
By equating the Civil Rights Act, which expanded American civil liberty, with the Patriot Act, which reduced it, on the grounds that both are federal laws with sanctions, Ron Paul displays the moral idiocy of someone who declares that a person who pushes a little old lady out of the path of a bus is just as bad as a person who pushes a little old lady into the path of a bus, because both are equally guilty of pushing little old ladies around.
Like other libertarians, Ron Paul does not understand American values. The American experiment is an experiment in creating and maintaining a democratic republic, not a minimal state. American political culture is founded not on the theories of Ayn Rand or Ludwig von Mises but on the reasoning of natural rights theorists like John Locke, for whom coercion in the service of communal self-defense is perfectly legitimate. In Lockean social contract theory, in order to protect themselves from human predators, people form a community and then transfer the pooled power of self-defense to the community’s trustee, the state, the better to resist invasion and crime. While abuses of military and police power are to be guarded against, the idea that the military and police and government as such are inherently tyrannical, a familiar theme in libertarian and anarchist thought, is utterly alien to America’s Lockean republican tradition.
Libertarians typically argue that only government, backed by military and police power, can be tyrannical. Lockean republicans in contrast believe that private power located in the for-profit or non-profit sectors can be tyrannical, as well. By means of their agent, the state, the sovereign people legitimately can protect themselves from predation by private sector tyrants as well as public sector tyrants.
Libertarians are not the brightest lights in the candelabra, a fact that is evident from the alternatives they tend to offer to public prevention of private abuses. For example: if you don’t like working a hundred hours a week for twenty-five cents a day, then find another employer! It is obvious to intelligent people, if not libertarians, that more generous employers will price themselves out of a market whose standards are set by the most rapacious.
The other popular libertarian remedy for exploitation is to move somewhere else where you will be treated better. But what if you can’t emigrate? Well, it seems, you must suffer your exploitation in silence, rather than enlist the aid of the law in restraining your thuggish employer, your predatory landlord, your exploitative banker or the vendors who sell you toxic food and dangerous products.
Some libertarians concede the legitimacy of government coercion in protecting property rights. But in doing so, these libertarians, like Ron Paul, give up any principled objection to government coercion. They simply want government coercion to be used for some purposes—protecting property rights—and not others—enforcing civil rights.
The Civil Rights Act did not mark an intrusion of government into a realm previously governed purely by what Paul calls “private choices.” Until the federal Civil Rights Act was passed, the coercive power of state and local governments was routinely used to enforce the “private choices” and “property rights” of racists. If a diner owner banned blacks from his diner, and blacks sat down at the counter and insisted on being served, then the diner owner could call the police, who, protecting the property rights of the owner, would drag the would-be black patrons of the restaurant off to jail.
The straightforward way to interpret Paul’s remarks on CNN is to read him as saying that bigoted property owners, like owners of restaurants, should to this day have the right to call on the coercive power of the police department to enforce their decisions to refuse to serve certain categories of customers on their property. Anti-semitic store owners, for example, should have the right not merely to put up a “No Jews” sign, but also to summon the police, at the taxpayer’s expense, to arrest any Jew who insisted on entering the store.
Perhaps I am misreading Paul. Perhaps he does not think that business owners should have retained the right, abolished by the Civil Rights Act of 1964, to have the government, in the form of the police, use coercion to enforce their racist “private choices” to exclude certain classes of clients. Perhaps he thinks that the police should not be involved in the effort to expel the Jew from the Judenrein store. Perhaps true libertarianism means that the anti-semitic store owner should try to persuade the unwanted Jew in the store to leave by noncoercive means—“Shoo, Jew!” Or perhaps authentic libertarianism would sanction private not public coercion, so the Jew-hating store owner should be allowed to hire Slow-Eye Pete and Philadelphia Jack to enforce the store’s No-Jew policy.
But I don’t think this is what Paul meant to say. From his statement that the Civil Rights act “destroyed the principle of private property and private choices,” I think his meaning is quite clear: civil rights legislation at any level—federal, state or local—should never have been passed. To this day, store owners should be free to call on the public police at public expense to drag blacks, Jews, or members of other groups that the owners do not like from their business establishments, in the name of property rights.
Should we be impressed if Paul says that as a personal matter he would oppose such things, while defending their legality? It is hard to see any daylight between an overt racist and someone who claims to oppose racism or anti-semitism, but also denounces the only effective ways to put a stop to them—that is, civil rights laws. If you argue that private racism is bad but anti-racist laws are worse, and if you have no problem with the state’s coercive power when it enforces racism but object to coercive state power only in the service of anti-racism, then you cannot complain when others draw their own conclusions about your motives (even if, unlike Ron Paul, you did not publish white supremacist newsletters for years under your own name).
Abraham Lincoln dissected the sophistical rhetoric of people like Ron Paul, long before the noble word “liberty” was tortured into “libertarianism.” In 1864, during the Civil War, he told an audience:
The world has never had a good definition of the word liberty, and the American people, just now, are much in want of one. We all declare for liberty; but in using the same word we do not all mean the same thing. With some the word liberty may mean for each man to do as he pleases with himself, and the product of his labor; while with others the same word may mean for some men to do as they please with other men, and the product of other men’s labor. Here are two, not only different, but incompatible things, called by the same name———liberty. And it follows that each of the things is, by the respective parties, called by two different and incompatible names———liberty and tyranny.
The shepherd drives the wolf from the sheep’s throat, for which the sheep thanks the shepherd as a liberator, while the wolf denounces him for the same act as the destroyer of liberty, especially as the sheep was a black one. Plainly the sheep and the wolf are not agreed upon a definition of the word liberty…
Michael Lind’s new book, "Land of Promise: An Economic History of the United States", will be published in April and can be pre-ordered at Amazon.com. More Michael Lind.
Obama: Born in Kenya? (No)
Updated: Right-wing hacks are again insisting that the president was born overseas, but say they aren't birthers
President Obama (Credit: AP/Pablo Martinez Monsivais) [Correction Appended] One of the Breitbart dopes has a SCOOP: Some sort of ancient press release says Barack Obama was born … in Kenya. IMPEACH. Retroactively install John McCain, we have so much Iran bombing to make up for.
This particular dope — Ben Shapiro, former boy-pundit Joel Pollak, some guy — says he is totally not a birther, at all, whatever gave you that idea, but it is very important that this forgotten old publicity pamphlet from a literary agent for a book project that never happened be unearthed and heavily hyped now, because the president was not properly “vetted” in 2008. (The idea that the president is a secret radical whose secret radicalism was not properly explored by the mainstream media is a stupid conspiracy theory that is almost as ridiculous as birtherism, by the way. We have proof that the president is not a secret radical leftist, and it is “his entire political career including his first term as president of the United States.”)
Alex Pareene writes about politics for Salon and is the author of "The Rude Guide to Mitt." Email him at apareene@salon.com and follow him on Twitter @pareene More Alex Pareene.
Obama’s broken immigration promise
ICE said it would target dangerous immigrants, but it's actually deporting a higher percentage of non-criminals
A man in Ciudad Juarez, Mexico, stands next to the border fence as two U.S. law enforcement officers look on from the U.S. side of the fence. (Credit: AP/Raymundo Ruiz) The Obama administration claims that it is deporting record numbers of illegal immigrants while focusing on those with criminal records. But new data from Immigration and Customs Enforcement shows that the number of deportation orders has declined dramatically since last summer and non-criminals comprise a growing percentage of those expelled from the country.
That wasn’t supposed to happen under a policy of “prosecutorial discretion” announced by ICE director John Morton last June. The goal of the policy, announced with much fanfare in the Spanish language media, was to spare “longtime lawful residents” from deportation and to focus on criminals.
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Jefferson Morley is a staff writer for Salon in Washington and author of the forthcoming book, Snow-Storm in August: Washington City, Francis Scott Key, and the Forgotten Race Riot of 1835 (Nan Talese/Doubleday). More Jefferson Morley.
Colorado congressman: “Obama’s not an American”
A congressman renews the GOP's big lie, and reveals the party's true ideal: Male, rich, straight, white
Mike Coffman (Credit: AP/Ed Andrieski) Twenty-four hour news cycles are messy and chaotic, almost never fully summarizing the zeitgeist of the moment. But today is one of those rare days where the news cycle perfectly embodies the tectonic shifts in American politics — and the friction that comes from such shifts.
In the last day, we’ve learned that America has reached a demographic tipping point. For the first time in history, there are more minority births than white births in the United States, meaning we’re closer than ever to becoming a majority minority nation.
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David Sirota is a best-selling author of the new book "Back to Our Future: How the 1980s Explain the World We Live In Now." He hosts the morning show on AM760 in Colorado. E-mail him at ds@davidsirota.com, follow him on Twitter @davidsirota or visit his website at www.davidsirota.com. More David Sirota.
More Rev. Wright hate porn!
"The Defeat of Barack Hussein Obama" was designed to turn on one wealthy right-winger – and even he rejected it
Jeremiah Wright (Credit: AP/J. Scott Applewhite) On the one hand, it’s almost funny. Fred Davis, the man who created hilariously bad ads for losing 2010 Republicans — Carly Fiorina’s “Demon Sheep” and Christine O’Donnell’s “I am not a witch” — now wants cranky conservative billionaire Joe Ricketts to spend $10 million on an advertising campaign to take down Barack Obama. He’s teamed up with Whit Ayers, one of his collaborators on Jon Huntsman’s spectacularly terrible presidential run. Halfway through their description of “the Ricketts plan,” they describe themselves as “pirates.” Ay, matey, but are they after Obama’s booty – or Ricketts’?
Continue Reading CloseJoan Walsh is Salon's editor at large. More Joan Walsh.
Jon Huntsman for New York City mayor?
Yes, please. It would be very funny to see him lose
Yes, Jon Huntsman should definitely run for mayor of New York, because I never tire of watching Jon Huntsman get rejected by voters. The best part of a Jon Huntsman campaign is when his well-heeled supporters very sincerely and tragically argue that the fact that no one wants to vote for Jon Huntsman is a sign that the Republic itself is in peril. They would get so sad and melodramatic when he got 10 percent of the vote.
Now, there is no evidence that Jon Huntsman is planning for run for mayor of New York City, but one of his annoying daughters tossed this one out there last night:
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Alex Pareene writes about politics for Salon and is the author of "The Rude Guide to Mitt." Email him at apareene@salon.com and follow him on Twitter @pareene More Alex Pareene.
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