The Rand Paul vs. Civil Rights Act business has been fascinating.
I have particularly enjoyed attempts by Paul defenders to brush off the significance of his initial comments as ‘merely philosophical’ – as college bull-session irrelevancy, for which he is being unfairly held accountable. When, of course, the whole Tea Party point of Rand Paul’s candidacy is his libertarian-conservative philosophy, and his promise to stay true to the implications of it, as a legislator. (So the whole thing has been like this American Elf strip, but substitute ‘philosophy’ for ‘costume’.)
In walking this stuff back – in saying he would have voted for the Civil Rights Act, after all – Paul is walking back his longstanding, core philosophical commitments. So now we know: he is willing to vote for things things that, by his own lights, go against the Constitution and reduce individual liberty, in the most essential sense (freedom = unencumbered enjoyment of private property rights). This retreat really ought to be worse than out-and-out liberalism, again by Paul’s own lights, because liberals at least have the decency to be confused about what the Constitution says, having hallucinated commerce clause penumbrae that make it all ok. And liberals don’t value freedom all that highly, supposedly, so it’s not surprising that they are perfectly willing to chuck liberty into the fiery maw of the Moloch of ‘social justice’. At least there’s a failed god of socialism that they are doing it for. What’s Paul’s philosophical excuse? Why aren’t conservative-libertarians up in arms, complaining about this cowardly betrayal of Paul’s whole philosophy, after he got the nomination on the strength of his philosophy? Is no one willing to shout from the rooftops that Jim Crow – privately and informally enforced! – is the price we should be willing to pay for freedom? What’s the point of equating liberty with private property rights if you aren’t going to equate liberty with private property rights? Why are Paul’s defenders scrambling to make out how, plausibly, libertarianism should eliminate informal/social Jim Crow, once you clear away all legal, institutional, governmental forms of it? The essential point should be: even if it doesn’t, that’s not so important, because it’s not unjust. (Why would you be a propertarian sort of libertarian if you didn’t think so?)
Indeed, isn’t all this what Jonah Goldberg derides as ‘sherpa conservatism‘ – that is, the canard that conservatism is only acceptable as a more sure-footed means to liberal ends? So libertarian-conservatism is only acceptable if it conduces to a ‘nice’, racially-harmonious, integrated, multi-culti, ‘socially just’ society? When will libertarian-conservatives finally be willing to stand up for what their principles imply? Healthy civil society is based on bedrock respect for individual property rights. Period. [UPDATE: And formally equal political rights, true. But that doesn’t really change the equation.] It’s invidious to insinuate that a ‘nice’, integrated, racially harmonious, multi-culti, ‘socially just’ society must be our sole model of healthy civil society. (Yes, all that’s fine. But it’s not required, in principle, so you shouldn’t sacrifice principle for the sake of it. Sheesh. Barry Goldwater is spinning in his grave.)
Let’s consider David Bernstein’s latest post. [click to continue…]