Category: Individual Liberty

sowell-intellect-raceThe more I read of Thomas Sowell’s latest book, Intellectuals and Race, the more I am persuaded that the era of progressivism may have been just as damaging to the history of black progress in American than the Jim Crow era. From the latter part of the 19th-century through the 1930s progressives sought to use government as a means of addressing the social ills of society. It was an era where leading intellectuals, in partnership with politicians, expanded the scope of the government’s decision-making authority to address the needs of the poor. It was an era where good intentions created more problems than policy makers anticipated. Sowell explains how these policies were especially harmful to minorities in chapter 3 of the book.
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thomas-aquinasaugustine-of-hippoAs I noted previously, I’ve been involved this month in a panel discussion over at Cato Unbound on the issue of “Conservative-Libertarian Fusionism.”

My two most recent contributions to the discussion phase focus on possible resources for the question that can be gleaned from Augustine and Aquinas.

Augustine inaugurated a tradition of Christian reflection on the saeculum, the age of this world in which the wheat and the tares grow up together, and the implications of this for common life together. On the relevance of Augustine for modern considerations of political order, I recommend a recent lecture from Eric Gregory of Princeton University.

Aquinas in many respects, and as Gregory points out, should be read as a constructive interlocutor with Augustine rather than in opposition with him. Indeed, Augustine wrote in his Enchiridion that “although every crime is a sin, not every sin is a crime.” Likewise in his treatise on free choice, he observed, “The law which is framed for the government of states, allows and leaves unpunished many things that are punished by Divine providence.”

In this vein, Aquinas treats in systematic fashion the question, “Whether it belongs to human law to repress all vices?” As I contend over at Cato Unbound, Aquinas follows Augustine in answering negatively, and his discussion has some serious implications for how both conservatives and libertarians ought to think about the limits of the law: “Conservatives and libertarians ought to recognize that positive law is not meant to repress all vices or to promote all virtues.”

AllAfrica.com published a press release from the Guttmacher Institute, the research division of Planned Parenthood, summarizing a new study that “the poorest countries are lagging far behind higher-income developing countries in meeting the demand for modern contraception. Between 2003 and 2012, the total number of women wanting to avoid pregnancy and in need of contraception increased from 716 million to 867 million, with growth concentrated among women in the 69 poorest countries where modern method use was already very low.”

Around the developing world, “Roughly three-quarters (73%) of the 222 million women in developing countries who want to avoid a pregnancy but are not using a modern method now live in the poorest countries, compared with 67% in 2003,” according to the report. “Furthermore, women in the poorest countries who want to avoid pregnancy are one-third as likely to be using a modern method as those living in higher-income developing countries.” Thankfully, between 2003 and 2012, “there was a shift away from sterilization (declining from 47% to 38% of all modern method use in developing countries) toward methods with higher failure rates, namely barrier methods (increasing from 7% to 13%) and injectables (from 6% to 9%).”

For those who value human dignity, this is actually good news. The “lagging behind” of birth control availability and success is the greatest hope for the developing world. In addition to the rule of law and sustained property rights, what Africa needs is more people, not less, in order for many countries to build the types of sustainable economies that allow real needs to be met in the long-run. In Centesimus Annus, Pope John Paul II explains why:
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President Obama, on Sunday, delivered a touching autobiographic commencement address at Morehouse College, an all-male historically black college that is also the alma mater of the Rev. Dr. Martin Luther King Jr, that will likely bother many progressives.

NPR captured these important sections:

We know that too many young men in our community continue to make bad choices. Growing up, I made a few myself. And I have to confess, sometimes I wrote off my own failings as just another example of the world trying to keep a black man down. But one of the things you’ve learned over the last four years is that there’s no longer any room for excuses. I understand that there’s a common fraternity creed here at Morehouse: ‘excuses are tools of the incompetent, used to build bridges to nowhere and monuments of nothingness.’ We’ve got no time for excuses – not because the bitter legacies of slavery and segregation have vanished entirely; they haven’t. Not because racism and discrimination no longer exist; that’s still out there. It’s just that in today’s hyperconnected, hypercompetitive world, with a billion young people from China and India and Brazil entering the global workforce alongside you, nobody is going to give you anything you haven’t earned. And whatever hardships you may experience because of your race, they pale in comparison to the hardships previous generations endured – and overcame.

You now hail from a lineage and legacy of immeasurably strong men – men who bore tremendous burdens and still laid the stones for the path on which we now walk. You wear the mantle of Frederick Douglass and Booker T. Washington, Ralph Bunche and Langston Hughes, George Washington Carver and Ralph Abernathy, Thurgood Marshall and yes, Dr. King. These men were many things to many people. They knew full well the role that racism played in their lives. But when it came to their own accomplishments and sense of purpose, they had no time for excuses.

President Obama couldn’t be more correct. We really don’t have time for excuses for Black America. In fact, excuse making has been so much a part of the progressive agenda for the past 50 years or so that it supported the assumption that elites in government are more enlightened than the average black person and should be telling blacks where to live; how much money they should earn; why marriage, family, and fatherhood are not essential to the rearing of children; and so on.
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IRS agents appear to need a refresher course on First Amendment freedoms. While applying for tax-exempt status in 2009, an Iowa-based pro-life group was asked by the agency to provide information about its members’ prayer meetings:

On June 22, 2009, the Coalition for Life of Iowa received a letter from the IRS office in Cincinnati, Ohio, that oversees tax exemptions requesting details about how often members pray and whether their prayers are “considered educational.”
“Please explain how all of your activities, including the prayer meetings held outside of Planned Parenthood, are considered educational as defined under 501(c)(3),” reads the letter, made public by the Thomas More Society, a public interest law firm that collected evidence about the IRS practices. “Organizations exempt under 501(c)(3) may present opinions with scientific or medical facts. Please explain in detail the activities at these prayer meetings. Also, please provide the percentage of time your organizations spends on prayer groups as compared with the other activities of the organization.”

Read more . . .

Senator John Cornyn (R-Texas) took to the Senate floor yesterday and quoted Lord Acton’s well known dictum, “Power tends to corrupt and absolute power corrupts absolutely.” There’s a partisan bite to his words, but he mostly warns against the grave dangers and tyranny under concentrated and centralized power.

Cornyn of course, is addressing the multitude of scandals blowing up in Washington, many of them linked to the White House. He also admits corruption has been a problem under both political parties. Cornyn says that we need “to restore faith in Washington.” It’s a worthy goal, but perhaps part of the problem is Americans already have too much faith and trust in federal power. The Texas senator concludes by saying we need to “respect the wisdom of the ages when it comes to concentrated power and its impact on individual liberty.”

His remarks, which runs 15 minutes, is worth your attention.

CensorUNot content to trample only the religious freedom side of the First Amendment, the federal government has decided to ignore the free speech side too.

As the Foundation for Individual Rights in Education (FIRE) reports, the U.S. Departments of Justice and Education have joined together to mandate that virtually every college and university in the United States establish unconstitutional speech codes that violate the First Amendment and decades of legal precedent.

In a letter sent yesterday to the University of Montana that explicitly states that it is intended as “a blueprint for colleges and universities throughout the country,” the Departments of Justice and Education have mandated a breathtakingly broad definition of sexual harassment that makes virtually every student in the United States a harasser while ignoring the First Amendment. The mandate applies to every college receiving federal funding—virtually every American institution of higher education nationwide, public or private.

The letter states that “sexual harassment should be more broadly defined as ‘any unwelcome conduct of a sexual nature’” including “verbal conduct” (that is, speech). It then explicitly states that allegedly harassing expression need not even be offensive to an “objectively reasonable person of the same gender in the same situation”—if the listener takes offense to sexually related speech for any reason, no matter how irrationally or unreasonably, the speaker may be punished.

Eugene Volokh, a law professor at UCLA School of Law, says that this is telling universities to institute speech codes:
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In The Examiner, Tim Carney asks, “When do 21 Republicans senators vote for higher taxes? Answer: When the biggest businesses and local politicians hire top K Street lobbyists to push for the tax-hike legislation.”

A few weeks ago I wrote about how government and big corporate collusion decreases market fairness. NPR had a great write up explaining why Amazon is one of the main culprits pushing for expansion of online sales taxes.

Carney explains how former Mississippi Senator and Republican Majority Leader Trent Lott has his hands all over the Market Fairness Act. “Governors all over the country, have been active in saying this is a states’ rights issue for them,” said Lott. The states’ rights argument is that the federal legislation would fully empower governors and state legislatures to collect sales taxes for online purchases.

Carney adds:

Republicans’ aversions to taxes and regulations are often rooted in a desire to be “pro-business.” Once Wal-Mart and Amazon join hands, pro-business Republicans were happy to support legislation leading to higher taxes…

So there’s the formula for winning Republicans over to a tax-hike bill: combine a states’ rights argument with a K Street all-star team representing the biggest businesses in the industry.

In the next issue of Religion & Liberty, author Peter Schweizer talks about cronyism and sheds additional light on Washington’s moral failing to tackle the problem. You can find a preview of that interview on the PowerBlog.

Author Peter Schweizer in Tallahassee, Florida on September 19, 2012.

After being sentenced to federal prison in 2001 for racketeering, Louisiana’s former governor Edwin Edwards, long famous for his corruption and political antics, humorously quipped, “I will be a model prisoner as I have been a model citizen.” In his 1983 campaign for governor against incumbent David Treen, Edwards bellowed, “If we don’t get Dave Treen out of office, there won’t be anything left to steal.” The kind of illegal corruption once flaunted by Edwards is on the decline. There is less of a need. Legal corruption in government is more prevalent and easy enough to secure. (more…)

tyndaleAfter apparently recognizing the absurdity of arguing that a Bible publisher is not a “religious employer,” the Obama administration has dropped its appeal in the case of Tyndale House Publishers v. Sebelius. “For the government to say that a Bible publisher isn’t religious is outrageous, and now the Obama administration has had to retreat in court,” said Matt Bowman senior counsel for Alliance Defending Freedom, who represented Tyndale in the case.

Following the government’s request, the U.S. Court of Appeals for the District of Columbia on Friday dismissed the administration’s appeal. This means the preliminary injunction temporarily halting the mandate — as it applies to Tyndale — will stand as the case moves forward.

The Obama administration required most businesses to comply with the Health and Human Services mandate by August 2012. Some faith-based organizations — including hospitals and universities — have a so-called safe harbor until August of this year. Tyndale does not qualify for the extension.

While this is a victory for Tyndale, there are still fifty-nine other lawsuits currently challenging the mandate. Maybe if the administration loses a few more of these cases they’ll decide that it’s not worth continuing to fight to allow the HHS to violate the religious liberties of Americans.