Forthcoming: Reviving the libertarian interstate federalist tradition

One of my papers was accepted for publication in the libertarian journal The Independent Review. Here’s an excerpt:

This essay aims to fill that gap by making four arguments:

1. Prominent classical liberals and libertarians have long recognized the importance of interstate federalism for not only individual liberty but security for liberal polities in the international arena as well.

2. The American federalists of the late 18th century faced the same problems we face, and the distinct interstate order that they patched together to solve those problems is not an outmoded Leviathan; it is the missing piece of the puzzle to the libertarian and classical liberal tradition of interstate federalism.

3. The piecemeal federation of political units under the U.S. constitution would achieve more freedom for more people, and this interstate federalism should be enthusiastically embraced as the foreign policy principle for libertarians and classical liberals.

4. The American Proposal would solve the security (and cost-sharing) dilemma for liberal polities, but it would also contribute to a decline in the worrisome trend of presidential government in the United States.

I gotta give props to the editors and the referees of the journal. I know they didn’t like my argument, but they were fair, helpful, and a whole lotta fun. I’ll have more on this soon. In the mean time, here’s a sneak peak (pdf).

Nightcap

  1. Schumpeterian enigmas David Glasner, Uneasy Money
  2. Is John Roberts the new Anthony Kennedy? Damon Root, Reason
  3. Economics of Federalism” (pdf) Inman & Rubenfield
  4. Gray mists & ancient stones Aleksandr Solzhenitsyn, New Criterion

Nightcap

  1. Trump and the liberal international order (pdf) Doug Stokes, IA
  2. Goodbye — sort of — to Germany? Victor Davis Hanson, National Review
  3. The failure of global liberal hegemony David Gordon, The Austrian
  4. Liberty displaced Daniel McCarthy, Modern Age

Nightcap

  1. The indispensability of unilateral coercion Billy Christmas, 200-Proof Liberals
  2. The grim logic of urban politics and the genius of federalism John McGinnis, Law & Liberty
  3. The emerging war on thrift Scott Sumner, EconLog
  4. Good piece on Israel’s ongoing “black flag” protests Michael Koplow, Ottomans & Zionists

Nightcap

  1. The importance of understanding causal pathways (Affirmative Action) Michelangelo Landgrave, NOL
  2. Legal silences Ethan Blevins, NOL
  3. Party politics and foreign policy in Brazil’s early history Bruno Gonçalves Rosi, NOL
  4. Immigration and states’ rights Rick Weber, NOL

Vacation links (Monday)

  1. Subnational Elections, Diffusion Effects, and the Growth of the Opposition in Mexico, 1984-2000” (pdf)
  2. Types of Federalisms, Good and Bad
  3. Structural Blockage: A Cross-National Study of Economic Dependency, State Efficacy, and Underdevelopment” (pdf)
  4. The Political Economy of Expulsion: The Regulation of Jewish Moneylending in Medieval England” (pdf)
  5. Why not world government?

An update from Texas

I am still working from home. The weather has been spectacular here over the past few days. I immediately head outside with the kids at 5 o’clock. We just run around and play. The younger one likes throwing the football around in the grass. The older one likes to play with the ants in the cracks of the sidewalk.

I was looking forward to going to Oslo this fall, but I just received news that the event has been postponed. I’ve still got the inaugural family camping trip to Ouachita to plan, so that’s exciting.

The political landscape here is much different than it is on the west coast or in Austin. Authority is decentralized. There are more black and Mexican people here, and fewer other minorities (including Central Americans). I have more black friends now than I ever did in California. It’s odd. In some ways, the non-South is now more racist than the old South. I can’t put my finger on it but I swear it’s true. You can carry on a friendly conversation with anybody here, something that’s missing out west and up north.

My guess is that this has something to do with the fact that segregation was blatantly racist in the South during the Cold War, and Washington felt it had to do something about it in order to win friends (despots) abroad. The racism in the north and the west was less blatant, and as a result nothing has ever been done about it.

I mean, I didn’t grow up with any black people. Or Mexicans. There are tons of them in California, but they don’t live in white residential areas. Down south, at least in the parts of Texas I’ve lived in, this is not the case. There are still “sides” of town, but at least we all share the same town. There’s still racism here, but the racism is more honest than, say, the zoning found up north and out west. This familiarity between blacks, Mexicans, and whites is something you as an individual have to work hard on to achieve in the non-South.

The federal government forcibly dismantled Jim Crow. It did so only after it conveniently ignored the 14th Amendment for decades, but at least it finally did so. There’s a place for Washington down here in Texas. Decentralized tyrannies are still tyrannies. I just started watching Waco, the Netflix series. It’s good. Washington is responsible for the deaths of several innocent women and children. It’ll never pay the price. Those people were just too strange for the broad public to really give a shit.

It’s a never-ending balancing act: finding a comfortable equilibrium between federal, state, and local governance. The feds are better at protecting the descendants of slaves than the state and local governments. But the state and local governments are better at protecting non-conformists and religious extremists than the federal government.

Libertarianism hasn’t been able to shake its racist stigma yet. Sure, leftists call us racists all the time, but a kernal of truth is still a kernal of truth. I have witnessed several people I once respected sweep libertarianism’s ugly, recent past under the rug and then turn to grab their paycheck. Libertarian Inc. has its place in our society, but it won’t be effective so long as the racist label sticks with us. And the racist label won’t come off until we grapple with the brutal truth of what we’ve become comfortable with and what we will tolerate.

Nightcap

  1. What are the best arguments for libertarianism? Brian Micklethwait, Samizdata
  2. Federalism and the coronavirus Ilya Somin, Volokh Conspiracy
  3. Are we entering a new era of nullification? Mark Perry, American Conservative
  4. The American libertarian movement is not immune Frank Bergon, Los Angeles Review of Books

Nightcap

  1. Serfs of academe (but Cracks… is missing) Charles Petersen, NYRB
  2. Leaving NATO, nicely Ivan Eland, American Conservative
  3. Federalism and individual sovereignty James Buchanan, Cato Journal
  4. Lessons of the first automation crisis Steve Lagerfeld, American Interest

Nightcap

  1. Magna Carta for the world? Daniel Hulsebosch, NC Law Review
  2. Restoring the global judiciary Jeremy Rabkin, Law & Liberty
  3. The costs of Poland’s resistance Richard Overy, History Today
  4. Towards indigenous-settler federalism Dylan Lino, Public Law Review

Mass shooting in perspective

Each of the past few years, about 35,000 Americans died in traffic accidents. This fact should be taken into account when considering recent massacres of civilians. I was wondering if anyone else would be cold hearted enough to go that way. So I waited a few days to comment on the massacres in Gilroy, El Paso, and Dayton, to avoid duplicating others’ commentaries. Plus, I have technical difficulties associated with my current location. Please, comment or wave if you see this.

Of the approximately 35,000 victims about half died in accidents involving alcohol. I will assume, against my thesis, that only 10,000 people each year died indirectly or directly because someone drank too much alcohol and drove.

How to count victims of mass shootings has become – strangely enough- controversial. Nevertheless, I am quite certain that shootings, specifically, of strangers for other than greed, or jealousy, or disappointed love have not caused 10,000 deaths in any of the past few years, not even close.

Do you agree; do you see where I am going?

So drunk drivers kill many more people – about 10,000 annually – than mass shooters. The victims of the ones are just as dead as the victims of the others; the loss and grief associated with the ones must be similar to those associated with the others. The deaths from one cause seem to me to be as meaningless as the deaths from the other. (That’s by contrast with the death of a firefighter in the line of duty, for example.)

A rational collective response should give priority to the avoidance of the many deaths from drunk driving over the much fewer deaths caused by mass assassins. Yet, the public reactions of the left are exactly the reverse of those rational expectations. In part, this inversion of priorities is due to the magnification the media affords mass shootings but not the slow massacre on the roads. In part, it may be due to the sometimes concentrated nature of the death tolls by mass shooting. This explanation, however, has only limited value because the small death toll at the Gilroy Garlic Festival, for example, was given much more publicity than is conceivable for any drunk driving accident with three lethal casualties.

This irrational ordering of priorities is made all the more puzzling by the fact that it would be much easier to reduce the number of deaths from drunk driving than by domestic mass shootings. Two reasons. First, people in jail can’t kill anyone with a car. The second reason is a little more subtle; bear with me.

Drunk drivers fall into two main categories, alcoholics who think they have to drive, and self-indulgent slobs. My intuition is that there are many more of the latter than of the former (especially among the young, who are overrepresented in car accidents) but I don’t have any figures. Self-indulgent slobs are capable of rational calculus. If the relevant punishment is severe enough and certain enough, they will become less self-indulgent. I used to be one of them. When the penalty for drunk driving went from about $100 to several thousand during my lifetime, I discovered that I could take a taxi, or pay a friend to drive me back, or drink at home. The quality of my life declined but it was worth it. It’s likely that my fear of heavy punishment saved someone’s life over the long run.

So, a credible remedial scheme is simple: withdrawal of driver’s license for a long period on the first offense associated with heavy fines for driving without a license. A significant jail term without possibility of parole would punish each subsequent infraction. Again, imprisoned drivers don’t kill anyone through their drunk driving. That’s a valid reason in itself to keep them locked up for a long time. It’s probably also economically reasonable.

So, I wonder why is there not a passionate public outcry on the political left and among its media partners in favor of a nation-wide remedial endeavor of the kind I just described?

Drunk driving kills many more Americans than do criminal mass shootings of the Gilroy, El Paso, and Dayton kind. This, although suppressive remedies to drunk driving are conceptually straightforward. My friend Vernon Bohr pointed out in a comment on Facebook that accidental drownings of children alone claim more lives of all categories of Americans than do mass shootings. There are better priorities.

The indifference of the left to those more important preventable causes of mortality as compared to its display of strong collective emotion with respect to sudden death by shooting seems strange, on the surface. This strong emotion is usually, almost always associated with urgent calls for some sort of federal gun control.

The contrast is made all the more striking by the following legal facts: First, the regulation of behavior that is potentially harmful to others – such as driving automobiles – falls squarely within the purview of state legislatures, primarily, of Congress, secondarily. Number two, driving is nowhere a right, except by default. Possessing weapons, by contrast, is a right explicitly guaranteed by the US Constitution, and twice reaffirmed by the US Supreme Court.

So, why would the considerable emotional and political resources of the left, aptly guided by the mass media, be expanded on the deaths of comparatively few, on a problem that is difficult to understand, one whose resolution would also encounter strong legal obstacles? Why this relentless emphasis when there are obvious, bigger, more rational objects of collective compassion?

I am thinking of two answers. One, the unpredictability of shooting events make them seem more disruptive than the somewhat routinized highway deaths, including by drunk drivers. The logical implication of this explanation is that if mass shootings became more frequent, they would appear more routine, and thus, less disruptive, and less deserving of left-wing attention. Note that there is a long way to go between the few hundred annual casualties by mass killings, and the 10,000 I attribute to drunk driving alone.

Thus, mass shootings garner both attention and emotion – including on the left – precisely because they are comparatively rare. If this were correct, attention and emotion would diminish with an increased frequency of such events. That is not a trend I observe. Others may see it.

Two, the left, and its media component, may focus on mass shootings in preference to making more rational choices, not in spite of the legal obstacles in their path but because of them. In this perspective, the focus on mass shootings may not be an exercise in misguided compassion, but a means to a higher end.

Americans are, on the whole, much attached to their Constitution. Modifying it is an arduous and uncertain task. Shortcuts to this effect are much appreciated. It would be difficult to find a more effective shortcut than the guided emotionalism the left supplies on the occasion of each mass shooting perpetuated by an American who is not also a violent jihadist. The spectacle of perfectly innocent victims, including children, cut down by someone seemingly exercising his constitutional right to bear arms must be the most formidable nonrational argument against that constitutional right. It can be mustered to sidestep collective choices – such as further reductions in deaths by drunk drivers – that would make the most sense from the standpoint of simple compassion. Thus, a one tenth reduction in deaths by drunk driver, and the corresponding shrinking of human misery, would do about twice more good than would the total (total) elimination of mass shootings.

The outburst of emotionalism expertly guided by the media we witnessed following three civilian mass shootings in quick succession is not about compassion, it’s about power. Every reduction in the autonomy of individuals increases the power of government, of those who are in charge of it through legitimate political means, and of the permanent bureaucracy.

Incidentally, I suspect there must be libertarian solutions to the vast and continuing problem of death by drunk driver, solutions that don’t involve putting people in jail. I don’t know what those are. I would like to hear about them.

Will the conservatives usher in a federal Europe?

Bill Wirtz does a great job reporting, in the American Conservative, on recent developments in European politics. Basically, the “populists,” who are socially conservative by European standards and anti-immigrant, are not actually opposed to the European Union. In fact, these right-wing parties are building international coalitions as you read this in order to better wield the dormant power of the EU; nobody is “actively seeking to leave the EU.”

Wirtz concludes that the anti-immigrant populist parties will spell the end of the European Union as we know it, but how can this be if these populists now want to use the EU rather than leave it? Wirtz is a great reporter but I think he wanted to mock Europhiles and the dreams of Euro-federalists rather than think things through. I’m happy to pick up where he leaves off, though.

For example, what if these populists succeed in federating Europe, rather than breaking it up? It’s not as radical as it sounds. The populists are small-d democrats. The populists are actively working with each other in an internationalist framework. The populists share the same anti-immigrant goals. The populist parties of Europe share the same opinion of Western civilization and believe their way of life is under threat. The populists realize that the EU can help them achieve their goals, and they share an affinity for some semblance of local (“national”) sovereignty. The ideological underpinning of these populist parties seems to be, then, that their way of life – their freedom – is under threat, and that they are not united and therefore susceptible to outside threats, and that the European Union is a great way to help them achieve some semblance of unity and security. Why not federate? Why not cure the mischiefs of faction?

Conservatives have a long track record of supporting radical change if it suits their worldview, too. The best example of this in politics is Otto von Bismarck, the Prussian diplomat who patched together a unified German state in a federal manner, but you don’t have to stop there. Examples abound everywhere.

The populists and could-be federalists aren’t going to usher in a new era of fascism, either. Today’s anti-immigrant sentiments are very different from the anti-Semitism that has plagued Europe for centuries. While I am disappointed that the European elections were essentially won by the anti-immigration faction, I am not surprised. I would not be surprised, either, to see a strong federalist push by these populists.

RCH: The secession of Texas from Mexico

My latest at RealClearHistory deals with Texas and its secession from Mexico. An excerpt:

There are other similarities, too, starting with the fact that Texas was not the only state in Mexico to try and secede from Mexico City. The self-declared republics of Rio Grande, Zacatecas, and Yucután also asserted their independence from Mexico, though Texas was the only state to actually succeed in its rebellion. Unlike the 13 North American states attempting to secede from the British Empire, the Mexican provinces did not band together to form a united front against a common enemy.

Texas itself was the northern part of a larger state called Coahuila y Tejas. When Mexico originally seceded from Spain, Coahuila y Tejas joined the new republic as its poorest, most sparsely populated member state. In addition to economic and demographic problems, Coahuila y Tejas shared a border with the Comanche and Apache Indians, who in the 1820s were still powerful players in regional geopolitics. Life in Coahuila y Tejas was nasty, brutal, and short.

Please, read the rest.

The Americanism of Aureliano Cândido Tavares Bastos

Life has been very busy, and so I am not blogging nearly as much as I would like to. Nevertheless, I would like to share my last published paper with you guys. Here is the abstract:

Aureliano Cândido Tavares Bastos was one of the main ideologists of the Brazilian Liberal Party in the 1860s and 1870s. Through several books, pamphlets and articles, Tavares Bastos defended that Brazil should follow a greater political and administrative decentralization, granting greater autonomy to the provinces. Another way to summarize Tavares Bastos’s political thinking is to say that he had great admiration for the United States, and understood that Brazil should, within the possibilities, copy more the political model of this country. Thus, this text interprets the political thinking of Tavares Bastos emphasizing as central factor of this the proposal that Brazil should not only more closely copy US federalism, but also get closer to the US in its foreign policy.

I do believe that Tavares Bastos is a great political thinker in Brazilian history and even beyond. Someone very worth knowing. Today Brazil is turning right, and the debate between Conservatives, Classical Liberals, and Libertarians is getting hotter. That is one reason why I believe Tavares Bastos is important today. A classical liberal, he opposed the nationalists/conservatives of his day. Here is the link for the complete article.

Afternoon Tea: “Magna Carta for the World? The Merchants’ Chapter and Foreign Capital in the Early American Republic”

This Article examines the early modern revival and subtle transformation in what is here called the merchants’ chapter of Magna Carta and then analyzes how lawyers, judges, and government officeholders invoked it in the new American federal courts and in debates over congressional power. In the U.S. Supreme Court in the early 1790s, a British creditor and an American State debated the meaning and applicability of the merchants’ chapter, which guaranteed two rights to foreign merchants: free entry and exit during peacetime, without being subjected to arbitrary taxes; and, in wartime, the promise that their persons and goods would not be harmed or confiscated, unless their own king attacked and confiscated English merchants. In other words, no harm to enemy aliens, except as retaliation. Tit for tat.

The idea that reciprocity was a fundamental mechanism of international (and interpersonal) relations became something like a social science axiom in the early modern Enlightenment. Edward Coke claimed to find that mechanism in the merchants’ chapter and publicized it to lawyers throughout the emerging British Empire and beyond. Montesquieu lauded the English for protecting foreign commerce in their fundamental law, and Blackstone basked in that praise. American lawyers derived their understanding of the merchants’ chapter from these sources and then, in the early Republic, stretched the principle behind it to protect foreign capital, not just resident merchants. The vindication of old imperial debt contracts would signal to all international creditors that, in the United States, credit was safe. Federalists then invoked the chapter outside of the courts to resist Republican attempts to embargo commerce and sequester foreign credit. For Republicans, doux commerce had become the Achilles heel of the great Atlantic empires: their reliance on American trade could be used to gain diplomatic leverage without risking war. For Federalists, economic sanctions threatened not just their fiscal policy but their entire vision of an Atlantic world that increasingly insulated international capital from national politics. They all agreed, however, that the role of foreign capital in the American constitutional system was a central issue for the new and developing nation.

This is from Daniel J. Hulsebosch, a historian at NYU’s law school. Here is the link.