“A Moral Idiot”: Rand Paul Compared Taxation To Slavery And Betrayed The Emptiness Of His Political Philosophy
Rand Paul brought some libertarian philosophy into the Republican presidential primary this week, in the form of the old “taxation is slavery” bumper sticker. He even indexed it to a handy percentage scale! Andrew Kaczynski has the tape: “I’m for paying some taxes. But if we tax you at 100 percent then you’ve got zero percent liberty. If we tax you at 50 percent you are half-slave, half-free.”
Paul is probably getting his argument from Robert Nozick’s Anarchy, State, and Utopia, which famously argued: “Taxation of earnings from labor is on a par with forced labor.” (Note that not even he went so far as to say taxation was literally identical to slavery.) His book was probably the most convincing case that can be made for this stone-cold form of libertarianism, where all “redistributive” policy is morally abhorrent and only the night watchman state is permissible.
Nevertheless, it’s still garbage. Nozick’s book constructs a detailed procedural account of justice, arguing that redistributive taxation is theft because it is a coerced transfer. He was a smart guy, and it’s very hard to get one’s hooks into his argument. The weakness, as with all extremist accounts of property rights, is not with the logic but the premises — particularly when it comes to the very beginning of property.
Go back far enough in history, and there would have been no property of any kind. The moment somebody fences off a piece of land, it necessarily destroys the liberty of everyone else in the world, since they no longer have the right to access that land. Nozick admits this is the case, but still wants to set up initial property rights. So he embraces a concept that he calls the “Lockean proviso.”
This proviso allows appropriation of unowned things, so long as it does not worsen the situation of anyone else. And what about people last in line, so to speak, who can’t appropriate anything because everything is already taken? Well, they will benefit from the general prosperity brought on by market capitalism.
Note what kind of argument this is: It rests on the overall welfare-enhancing consequences of adopting Nozick’s ideas.
The whole point of the “taxation is slavery-ish” argument is that infringing liberty to increase general welfare is morally impermissible. Yet here is Nozick, leaning on a boon to general welfare to justify a violation of liberty so he can get property rights going. This is no different from taxing the rich to provide food stamps, or from the kind of single-payer health insurance system that socialist Bernie Sanders endorses.
The upshot is that the austere libertarianism implied by Paul’s statement is fundamentally unworkable. The horse stumbled right out of the gate, and has to be put down. Neither Milton Friedman nor Friedrich von Hayek went nearly so far. Even Nozick himself apparently abandoned it after a few years.
Let me also comment on Paul’s gruesome tin ear on display here.
What is slavery really? In the U.S. context — and given the reference to Abraham Lincoln’s “House Divided” speech, this is clearly what Paul was getting at — slavery was full property rights in human beings.
It was also incomprehensibly brutal. Owning a person presented a challenge to Southern capitalists, since slave labor has no monetary incentive to work. They solved this problem neatly, with daily violence. Set a steadily increasing daily work quota (pounds of cotton picked, typically), and if it was not achieved, make up the difference with an equal number of stripes with the whip.
In this way, Southern slaves were forced to increase their labor productivity by some 400 percent from 1800 to 1860, achieving a level that was not matched until the development of the mechanical cotton picker. Southern slavery thus robbed both the body and the mind, using systematic torture to force slaves into inventing and spreading techniques of extreme manual dexterity (picking cotton by hand is very difficult).
So if Rand Paul really believes that 1 percent taxation is exactly equal to 1 percent slavery, why doesn’t he sound like an abolitionist? Why not seize one of the federal armories in an attempt to start an all-out war against a monstrous injustice? Indeed, by this measure there would be more slavery today (about 27 percent of GDP taxed) than in in 1860 (1.4 percent taxed, 12.6 percent of the population enslaved).
Only a moral idiot would think to make such an equivalence.
By: Ryan Cooper, The Week, July 9, 2015
The Deeply Crazy In Virginia’s Obamacare Lawsuit
As my Philadelphia Phillies idled through a two-hour rain delay Thursday night, I curled up with some light reading: a Texas Review of Law & Politics article by the legal team, led by Virginia Attorney General Ken Cuccinelli, that’s challenging the new healthcare individual mandate in the U.S. Court of Appeals for the Fourth Circuit.
It’s fascinating stuff.
Cuccinelli and co. follow a long trail from the 18th century British jurist William Blackstone to the Dred Scott case to the New Deal to the present day. The conservative team, at first, makes a tight, prudential case against the Obamacare mandate that I, in my nonprofessional capacity, happen to favor.
In their words:
No existing case needs to be overruled and no existing doctrine needs to be curtailed or expanded for Virginia to prevail on the merits. Nor does Virginia remotely suggest that the United States lacks the power to erect a system of national healthcare. Virginia expressly pled that Congress has the authority to act under the taxing and spending powers as it did with respect to Social Security and Medicare, but that Congress in this instance lacked the political capital and will to do so. No challenge has been mounted by Virginia to the vast sweep and scope of the Patient Protection and Affordable Care Act (PPACA). Instead, only the mandate and penalty were challenged because the claimed power is tantamount to a national police power inasmuch as it lacks principled limits.
In plainer, get-to-the-point English: We grant you the social safety net established under the “Roosevelt Settlement.” We recognize Congress’s power to regulate interstate commerce. We even grant that this power could conceivably deliver universal healthcare. But for Pete’s sake, don’t try to include “inactivity”—that is, not buying a health insurance plan on the private market—under its purview.
Because, once you regulate the act of doing nothing, what’s left to regulate?
Er, nothing.
Thus, does the state’s power to tax and police become theoretically unlimited?
But, later in the body of the piece, Team Cuccinelli begins to play other, more presently familiar cards. Glenn Beck fans will recognize the faces in the rogue’s gallery: Justice Oliver Wendell Holmes, progressive philosopher John Dewey, and others who, this argument goes, created the post-New Deal legal and philosophical edifice.
Wouldn’t you know it, this welfare-state stuff constitutes a violation of natural law—which, ipso facto, means economic laissez-faire—and a lurch into moral chaos. Echoing the newly popular Hayek, Cuccinelli’s article asserts the primacy of economic rights while characterizing as relativistic the not-exclusively-liberal jurisprudential argument that personhood and dignity precede the marketplace. (Last I checked, I’ve never seen an unborn baby sign a contract.)
Come conclusion time, the piece sounds eerily like it’s not merely advocating the curtailment of an otherwise defensible attempt to advance the national interest, but rather like a full-throated libertarian manifesto:
The Progressive Meliorists had argued that they should be accorded constitutional space in which to make a social experiment, agreeing in turn to be judged by the results. The New Dealers carried the experiment forward. Seventy years later, results are in suggesting that the experiment is living beyond its means. The statist heirs to the experiment say that it cannot and must not be curtailed, so now they claim this new power.
Social Security and Medicare—an experiment! Just a temporary, 70-year blip on the radar!
So, in 46 pages, we proceed from modest and reasonable to deeply crazy.
It behooves us to ask, what’s Cuccinelli’s endgame?
I think we’ve seen this movie before.
By: Scott Galupo, U. S. News and World Report, August 18, 2011
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