Trump for president?

I will vote for Gary Johnson knowing full well my vote doesn’t matter, since Hillary has a lock on California. But between Trump and Clinton, whom to root for? Trump is an empty suit with a filthy mouth. Clinton is pure evil, hell-bent on extinguishing what remains of our freedom and prosperity. Fascist dictatorship is her goal, draped in red-white-and-blue bunting. Will someone please write an update of the Sinclair Lewis novel, “It Can’t Happen Here”?

Forced to choose, I’d have to go with Trump. His election would be a much needed kick in the teeth to the Eastern establishment. We would have to hope he would listen to cool-headed advisors once in office. Or maybe get bored and resign.

But as I write, I remind myself that there is precious little any president can do, even Gary Johnson, to alter major trends that have so much momentum. You can recite the list as well as I can: government debt and unfunded liabilities, nuclear proliferation, race and class divisions, climate change hysteria to name a few.

To hell with them all. I’m going outside to enjoy the sunshine while I can.

Art, Photography, and Homophobia

Sometimes the theater of the absurd, current events that is, just gets to be too much and I have to comment. This time the issue is whether photography is an art form, a case arising from a professional photographer’s refusal to cover a lesbian wedding. If photography is art, goes the argument, it’s a form of speech protected by the Constitution and that protection overrides any laws prohibiting discrimination on account of sexual orientation.

This nonsense arises from the notion that some forms of voluntary transactions should enjoy legal protection and others shouldn’t. Transactions that are deemed to be exercises of religion or freedom of speech are protected while it’s OK to suppress others even when they are mutually voluntary. The courts view artistic works forms of speech, and are protected. This protection covers not just engaging in protected activities but also refraining from engaging in them. Thus if photography is art, then refraining from photographing a lesbian wedding is an exercise of free speech, protected by the first amendment.

That’s all well and good as far as it goes, but it leaves courts with the job of drawing lines delimiting religious activity or free speech activity. Example: during Prohibition, Catholics were allowed to use wine as part of their Communion sacrament. But Native Americans who want to use peyote as part of their religious ceremonies have consistently run afoul of the law. What’s the difference? Obviously, Catholics are more numerous and politically powerful than Native Americans. Since there is no objective way of delimiting either religion or art (as presently understood), court decisions about these matters are necessarily political.

Delimiting artistic expression may be even more problematic than with religion. Given that any and all kinds of garbage can be found in “Modern Art” museums, it would seem that almost any activity, spraying graffiti for example, could be construed as artistic expression.

The solution is to recognize the right of free association and its concomitant freedom of dissociation, whether in personal or business affairs. (Though not a part of the First Amendment, these rights might be found in the Ninth Amendment.) There are two qualifications. First, any transaction that infringes on the rights of third parties is illegitimate. As Ayn Rand put it, “any alleged ‘right’ of one man, which necessitates the violation of the rights of another, is not and cannot be a right.” Second, politicians and bureaucrats must not be allowed to discriminate since they are supposed to represent the entire population. Those qualifications aside, any business person must be free to turn away gays, blacks, Jews, or anybody else, with or without explanation. But woe unto anyone who tries such exclusions in today’s world. They would pay a stiff price in lost business and boycotts. Unless they found a niche market among KKK bigots, such business people would very likely lose most of their customers, including, I hasten to add, this writer.

Some time ago I posted a piece on these pages defending the right of Lester Maddox, a truly obnoxious character, to exclude blacks from his chicken restaurant, which he did in the 1960s in defiance of the Civil Rights Act. Those were different times, and he garnered enough support to get elected Governor of Georgia. That would not happen these days.

Though I got a lot of pushback, I stand by the argument that obnoxious characters like Lester Maddox constitute a vanguard that helps defend the rights of us “normal” folks. If their outrageous but non-aggressive actions are protected, our moderate actions are safe. Nobody has made this case better than Walter Block in his book “Defending the Undefendable.” He trots out and defends one seedy character after another—pimps, prostitutes, you name it—whose actions, while distasteful to almost everyone, violate no one’s rights.

Returning to the photographer in question, it should make no difference whether her refusal is informed by religion or by hatred of gays.  She should be free to turn away customers for good reasons, bad reasons, or no reason.

Incidentally, my friend Michelle Kamhi recently convinced me that photography is not art. I highly recommend her book Who Says That’s Art?, devoted primarily to demolishing modern and post-modern “art” which she calls “anti-art.” I think she’s spot on, but whether you agree or not, you will have to admire the courage and tight reasoning in her book.

A Modest Proposal for Fiscal Reform

Herewith, a modest proposal: abolish all federal taxes and substitute fees for state membership in the Union. $7 billion annually for each representative in Congress plus $7 billion for each Senator would cover current Federal spending. Each state would have to come up with this sum annually, raised in any way they see fit.

Comments:

  • Smaller states would pay more per capita since they have more Senators per capita. That seems only fair.
  • Where would states get the money? Same places the Feds get it: taxation and borrowing. The states would have to pay close attention to their credit ratings to keep borrowing costs low. That would of course require that they exercise fiscal prudence.
  • States would have to compete among themselves to find revenue sources that minimize the damage done to the private economy.
  • Citizens would have greater influence over their state politicians than they have over the Feds.
  • Crony capitalists, rent-seekers and their ilk would be slowed down by the need to devote more attention to 50 state governments and less to the central government.
  • What about deadbeat states? They would lose their votes in Congress until they paid up.  Conversely, wealthy states might be allowed to purchase extra seats in Congress.
  • Might this scheme encourage secession? Yes! Got a problem with that?
  • Wouldn’t this be a heavy burden on state taxpayers? Decidedly. With about 235,000 households per Congressman, that works out to $30,000 per household per year. But who’s bearing that burden now? Santa Claus?

The Federal debt is a thornier issue. Should it be paid off by the states? A drastic remedy would be to hand over securities to the states for payment as they come due. About $7.5 trillion per year would be required (counting gross debt rather than debt in the hands of the public). This would roughly triple the state taxpayer burden—admittedly a non-starter. Repudiation would be another remedy. Mandatory rollover would be another. No good solutions here.

The Moral Case for Fossil Fuels

If you’re interested in energy and environmental issues, especially climate change, have a look at this 15-minute appearance by Alex Epstein before the Senate Environment and Public Works committee. In a pressure-cooker atmosphere, he argues persuasively for the benefits of fossil fuels and for a sensible approach to climate issues.

I also highly recommend his book, The Moral Case for Fossil Fuels.  He reasons carefully about fossil fuels, alternative energy, and climate change.

Voter Participation: Something Has to Be Done

In California, 70% of eligible voters are registered, and 47% of those turned out in a recent election. Thus about a third of those who could vote do so. These are dismaying numbers.

Dismaying because they are too high.

Why? First, some more dismaying numbers:

When Newsweek recently [2011] asked 1,000 U.S. citizens to take America’s official citizenship test, 29 percent couldn’t name the vice president. Seventy-three percent couldn’t correctly say why we fought the Cold War. Forty-four percent were unable to define the Bill of Rights. And 6 percent couldn’t even circle Independence Day on a calendar.

Too many ignorant fools are casting votes. People who believe that minimum wage laws create wealth, free trade destroys wealth, or clergymen should be forced to marry gay couples, to pick just a few examples. We need to bar these ignoramuses from the voting booth.

How? For starters, ditch the 26th amendment to the Constitution and the raise the voting age to at least 30. Get the 20-somethings out of the way; too many still believe in free lunches.

Second, change the 24th amendment to require poll taxes rather than forbid them. There is no justice in forcing non-voters to pay election costs.

Third, institute stiff qualification exams. Voters need know the vice president’s name, understand the Cold War, identify July 4 as Independence Day, and a whole lot more. Informed voters would be mostly immune from pandering demagoguery.

Disenfranchisement will lead to alienation and rebellion, some will say. Perhaps, and this could be alleviated by a phase-in of the changes. But then voting will become a privilege that young people can aspire to, as they might aspire to a corporate management position.

Another objection: my proposal is elitist. Of course it is! If there’s one thing we desperately need in this country, it’s a reversal of the egalitarian sentiments that have poisoned so much public discourse. We need to encourage and acknowledge the best and the brightest. Ignorant fools should not be allowed to operate dangerous machinery or pull levers in voting booths.

Declining to Wed Gay Couples: Right or Wrong?

News item: the Georgia governor has just vetoed a bill that would, among other things, have allowed ministers to decline to wed gay couples.

What a tangle. Let’s see if we can sort things out.

First of all, many decent people, your humble servant included, find the concept of “gay marriage” troubling. I believe any two adults (or three or more) should be free to make any contract they like regarding sharing assets, pledging fidelity, and so forth. I just wish they wouldn’t call it “marriage.” That term is taken.

Second, hate is not a crime. Some people express repugnance or hatred for homosexuality. Ayn Rand called the practice immoral, an attitude that is hard to fathom in this day and age but perhaps understandable given the tenor of her times. Some go farther and express hatred for homosexuals per se. But as long as these people refrain from initiating force or fraud, they should not be molested. Boycotts, shunning, and criticism are legitimate responses to such people, but forcible restraint is not.

Third, rights are not granted by governments. Rights derive from our basic nature as humans, as thinkers such as Ayn Rand and Murray Rothbard have so eloquently demonstrated. Contractual “rights” should have a different name, perhaps “privileges.” These are actions that have been legitimized by a voluntary agreement. Thus for example, no one has free speech “rights” on a campus. Students may have free speech “privileges” on a campus if the owners of the campus have granted that privilege in a written or implied contract.

Fourth, freedom of association is a basic human right, and includes freedom of dissociation, whether in personal or business relations. Some years ago I posted a defense of the late Lester Maddox who famously attempted to exclude blacks from his chicken restaurant. My post generated considerable blowback, but I stand by it and note that in this day and age, anyone who tried to exclude blacks would not be elected governor of Georgia as Maddox was, but instead lose most of his customers and close his doors.

In summary, no minister needs permission from the state to deny wedding services to a gay couple. And religion has nothing to do with it. Anyone should free to decline business or personal relationships with anyone, for any reason whatever, or for no reason at all.

How Fascism Will Come To America

John T. Flynn’s As We Go Marching was written in 1944, but there isn’t a line in this excerpt that doesn’t fit today’s situation perfectly.  I read the book many years ago and will pull it out and read it again.

Fascism will come at the hands of perfectly authentic Americans who have been working to commit this country to the rule of the bureaucratic state; interfering in the affairs of the states and cities; taking part in the management of industry and finance and agriculture; assuming the role of great national banker and investor, borrowing billions every year and spending them on all sorts of projects through which such a government can paralyze opposition and command public support; marshaling great armies and navies at crushing costs to support the industry of war and preparation for war which will become our nation’s greatest industry; and adding to all this the most romantic adventures in global planning, regeneration, and domination, all to be done under the authority of a powerfully centralized government in which the executive will hold in effect all the powers, with Congress reduced to the role of a debating society.

HT: Jacob Hornberger, Future of Freedom Foundation