Three years ago the U.S. Supreme Court ruled that corporations have the same rights as individuals to engage in political speech. As Justice Anthony Kennedy wrote in the Citizens United decision, the “corporate identity” of a speaker did not justify a reduced level of free speech protection. Can that same concept about corporate identity be applied to religious liberties? Do corporations have religious liberty rights too?
Some legal scholars are claiming they do not: (more…)
Last night in Dublin I was having a conversation with a 65-year-old man who was ranting about the high unemployment rate in the European Union, which in the 17-nation currency area rose to 12.2 percent in April. The current unemployment rate is a new record since the data series began in 1995. My new friend was very open about being an outright socialist and said that Europe’s problem is that people are not being treated fairly.
Capitalism, he explained, promotes a culture where people do not share their resources because it encourages inequality. To solve the European unemployment crisis, my friend suggested that Europe “needs a dictator” to come in and simply tell everyone what to do so that there will be true equality. The problem, however, my Irish friend confessed, is that when someone gets in a power “they get carried away with it,” and people end up being taken advantage of. He did not seem able to connect the dots that countries that have tried socialism and dictatorships are countries where the poor are worse off in the long-run. Therefore, his proposal will not work.
The conversation raised several questions for me. To start, I wondered why this 65-year-old man drinking a Smithwick’s beer, sitting next to me drinking a pint of Guinness, did not see that we were both experiencing equality thanks to the free market, property rights, and the rule of law. I also wondered why he thinks that something like socialism would be the best way forward given the fact that a form of it is currently not working in the European Union. (more…)
The conservative-libertarian fusionism conversation is gaining new life as discussions and reflections about the state of the Republican party reverberate after last year’s election. Ben Domenech has a particularly worthwhile outline of what he calls a “libertarian populist agenda.”
In one of his discussion posts, Clark Ruper asserts that “a libertarian can be ‘socially conservative’ or ‘socially progressive.'” But he then proceeds to use the research of Boaz and Kirby, which identifies a group as “fiscally conservative and socially liberal-libertarian” as definitive of a new generation of liberty-minded voters. This ambiguity gets precisely at what Domenech calls in today’s edition of The Transom the difficulty posed for fusionism by “the more atheist and agnostic strands of libertarianism, particularly the urban variety.”
It’s easier for these strands to give lip-service to the openness of the libertarian cause to “social conservatives” than to really identify the coherence of conservative social values with libertarianism. This gets precisely at the dynamic I intended to highlight in my initial post about the limitations of libertarianism as a political philosophy of limited government as opposed to a fully-blown world-and-life view. If you think that libertarianism is really a political philosophy that remains largely agnostic about things other than government, then you are more likely to really think that “a libertarian can be ‘socially conservative’ or ‘socially progressive.'” But if you think of libertarianism as an ideological worldview that has to do with maximizing individual choice and autonomy in every conceivable sphere (political or not), then you are much more likely to see libertarianism as entailing social liberalism (or what some conservatives deride as libertinism).
The upshot of this is that I think the key to any constructive fusionism must deal on the basis of seeking liberty in the realm of political economy, something that both conservatives and libertarians ought to be able to unite on. We ought to be able to come together to defend and promote a system of political economy that best promotes human flourishing, particularly by addressing the problem of poverty and the complex challenges of wealth creation. This is in part why I find a movement like the Bleeding Heart Libertarians is encouraging.
In another dialogue about fusionism, Jonah Goldberg asserted that there should always be a “libertarian in the room,” referring to the context of political discussions, because “the libertarian in the room asks the right question: Why is this a job for government?”
I think we might be able to bring Jonah Goldberg and Johnny Cash together on this point, to say that there always ought to be a “libertarian in black” in the room, asking the right questions about what government policies do for the people, particularly the poor. As Johnny sang,
I wear the black for the poor and the beaten down, Livin’ in the hopeless, hungry side of town, I wear it for the prisoner who has long paid for his crime, But is there because he’s a victim of the times.
I wear the black for those who never read, Or listened to the words that Jesus said, About the road to happiness through love and charity, Why, you’d think He’s talking straight to you and me.
Well, we’re doin’ mighty fine, I do suppose, In our streak of lightnin’ cars and fancy clothes, But just so we’re reminded of the ones who are held back, Up front there ought ‘a be a Man In Black.
The 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. (more…)
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: (more…)
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.
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. (more…)
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.”
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.
Not 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 Montanathat 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.