Tag Archives: civil rights act

Gut the Civil Rights Act

Joe Biden invoked Jesus on Friday responding to Ben Carson’s bizarre argument that prison inmates “turning gay” after going into prison straight proves homosexuality is a lifestyle choice, rather than a genetic or otherwise innate trait.

As a libertarian, this debate holds little interest for me. Even if homosexuality is a lifestyle choice, it is one that does not harm other people and thus falls into that vast category of human behavior called “liberty,” which should be beyond the reach of any government.

What does concern me is Carson’s argument on why homosexuals “don’t have a right to be served in every single store.” Carson argues that store owners should be able to “refuse service if it violates their religious convictions.”

I’m immediately reminded of George Orwell’s Animal Farm, where a law at the beginning of the book reads “No animal should kill another animal,” but by Chapter 8 reads, “No animal shall kill another animal without cause.”

Read the rest at LewRockwell.com…

Tom Mullen is the author of Where Do Conservatives and Liberals Come From? And What Ever Happened to Life, Liberty and the Pursuit of Happiness? Part One and A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.

Duck Dynasty A&E dispute proves Civil Rights Act obsolete

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TAMPA, December 20, 2013 – Immediately after A&E put Duck Dynasty star Phil Robertson “on hiatus,” the blogosphere exploded with reactions. Liberals decry Robertson’s alleged bigotry. Conservatives defended his right to free speech and freedom of religion.

99% of the commentary is wrong, of course. First, Robertson’s comments were not bigoted. Robertson merely quotes the Bible on homosexuality. He then says that it is not for humans to judge anyone. That is reserved for God.

You can’t be prejudiced if you don’t judge. He believes homosexuality is a sin, but nowhere does he indicate that anyone should be treated differently, either by the law or by individuals, because they are homosexual.

This has nothing to do with freedom of speech or religion, either. Those principles relate to government suppression of speech and religion. The government hasn’t threatened Robertson.

In fact, A&E’s response was the textbook libertarian answer to this kind of dispute. A&E’s management, representing the stockholders, exercised their own right to freedom of association. They have a right to terminate their business relationship with Robertson for any reason, provided it does not violate the contract they signed with him.

The other cast members have now released a statement implying they won’t do the show without Phil. The statement indicates that they are negotiating with A&E on what the future of the show may be.

It’s possible that the show will be canceled. Or, A&E might back down. Most likely, a compromise will be reached where the show goes on, Phil Robertson makes a public statement expressing regret for offending anyone, but standing by his Christian faith, and A&E welcomes him back on condition he doesn’t make public statements on this subject in the future.

Does anyone notice anything missing from these scenarios?

If you said “the government,” you’re correct. If this little media drama has proven anything so far, it is how unnecessary government is in resolving issues of racism or bigotry. The market does just fine.

It would do better if Titles II and VII of the Civil Rights Act were repealed.

Most of the Act prohibited discrimination based upon race, color, religion or national origin in either state or federal governments. There are legitimate constitutional concerns about giving the federal government these powers over the states, but even most libertarians aren’t losing much sleep. If ever there was a place to compromise strict constitutional principles, prohibiting bigotry in government is it.

Titles II and VII of the Act are another story. In those, the federal government is given power over the personal choices of the individual. Title II prohibited private business owners from discriminating in hotels, motels, restaurants, theaters, and “all other public accommodations engaged in interstate commerce.” Title VII prohibited employers from so discriminating.

This redefined the very idea of private property. No longer could individuals “dispose of their persons or possessions as they saw fit,” as Locke would put it. In effect, the government made itself part owner of all private property.

One does not have to be a racist or a bigot to be concerned. The response at the time was that American culture was so deeply ingrained with prejudice, especially towards blacks, that only the government’s heavy hand could solve the problem.

There are certainly cracks in that theory. For example, if there weren’t private business owners in the south who wanted to serve blacks, then why did they have to make it illegal to do so?

Questions only libertarians think to ask.

In any case, this is 2013, not 1964. The power given to the federal government isn’t necessary now, if it ever was. The Duck Dynasty incident proves that. Voluntary contracts will resolve that dispute and consumers will reward or punish that resolution with their decisions to watch or boycott.

Like all government solutions, the Civil Rights Act has largely achieved results opposite of its intentions. Affirmative Action spawns resentment against blacks when they get jobs because of their race over more qualified applicants. There is also resentment when the black is more qualified, because the white applicant quite reasonably suspects that race was a factor, even when it wasn’t.

Check black unemployment statistics during the fifty years before and after the Act was passed. The government has defeated black unemployment about as well as it’s made health care more affordable.

The market, if left free, would be an efficient dispatcher of racism. Employers who routinely hired less qualified employees based upon their race would soon find themselves outperformed by firms that hired purely based upon ability. In business terms, racism would be rendered extinct.

The same would hold for hotels, restaurants and other private firms that serve the public, in terms of their decisions of which customers to serve.

Not convinced? Here is a wager. Repeal Titles II and VII of the Civil Rights Act and allow individuals to make personal decisions based upon whatever values they hold. In the unlikely event that someone puts up a “Whites Only” sign on a restaurant, this writer – likely the worst restaurateur on the planet – will open for business across the street the very next week. My sign will say “Everybody Welcome.”

We’ll see who is still in business a month after that.

Tom Mullen is the author of A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.

More anti-libertarian nonsense: libertarianism failed African-Americans

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TAMPA, April 6, 2013 ― If my colleague Chris Ladd had written the usual, libertarians-are-racists screed, it would be unworthy of a response. But he didn’t. In fact, his piece “How Libertarianism failed African Americans” is a thoughtful and philosophically consistent argument that clearly disclaims any accusation that libertarianism is inherently racist.

But it’s still nonsense. That it is eloquently stated makes it all the more harmful.

Ladd’s premise is that racism and Jim Crow presented libertarianism with a dilemma. Libertarians oppose all government interference with freedom of association and free markets, but blacks were being “oppressed” by the voluntary choices of white people not to serve them. Therefore, libertarians had to choose between staying true to their principles or supporting the Civil Rights Act of 1964, which meant granting the federal government the power to override private decisions.

Most libertarians don’t oppose most sections of the Act, which prohibit governments from discriminating. They oppose those sections which allow the federal government to prohibit private decisions based upon race. Ladd recognizes this distinction, claiming “African Americans repression rose not only from government, but from the culture and personal choices of their white neighbors.”

First, Ladd’s history is completely wrong. Like many conservatives and liberals, Ladd sees libertarianism as a subset of conservatism, an “extreme” version of the conservative philosophy which supposedly advocates a market economy. For him, libertarianism traces back only as far as Barry Goldwater and became an independent movement in the early 1970’s when anti-war conservatives formed the Libertarian Party.

Libertarianism does not follow at all from conservatism. It is the philosophical child of classical liberalism, which struck an uneasy alliance with conservatism during a few, short periods in the 20^th century, after the liberal movement completely abandoned individual liberty. The so-called “Old Right” should really be called the “Middle Right,” because conservatism has meant bigger, more interventionist government for most of American (and world) history.

Conservatives throughout history have favored an all-powerful government, usually aligned with a state religion, because they perceive man as Thomas Hobbes did. Man’s natural inclinations are so depraved that only a government that “keeps him in awe” can counter the natural state of “war of everyone against everyone.” Left to his own voluntary choices, man will always attack his neighbors, break his contracts with them, steal their property and oppress them.

Libertarians see the nature of man the way John Locke did. Locke recognized that man was capable of both good and evil. His natural state is a state of reason, but he will sometimes abandon reason and aggress against his neighbor. Government power should be limited to defending individual rights when one person or group aggresses against another.

During the early American republic, this was the central conflict in American politics. The conservatives at that time were Alexander Hamilton and his Federalists. Jefferson and his Democratic-Republicans were what we today would call “libertarians.” They are the true origin of the American libertarian movement.

Whenever asked about the proper role of government, Jefferson articulated the basic premise of libertarianism. “No man has a natural right to commit aggression against the equal rights of another and this is all from which the laws ought to restrain him.”

To refuse to sell your product to someone is not aggression and therefore beyond the authority of government, according to this theory. But libertarians find racism and segregation as distasteful as everyone else. Is there really a dilemma here?

Ladd’s argument proceeds from the conservative view of man’s nature and the Hobbesian solution to deal with it. Ladd argues that segregation would never have ended in America if the federal government was not given the power to override the free choices of individuals.

Actually, both liberals and conservatives base their arguments for the Civil Rights Act’s power over private decisions upon this assumption. While it may sound reasonable to the uncritical ear, it cannot withstand inquiry by the mind, because it begs an obvious question:

If segregation was the result of the voluntary choices of private business owners, then why were Jim Crow laws necessary to force them to segregate?

The question answers itself. Obviously, there were at least some business owners who wanted to serve blacks equally with whites. Perhaps they were a majority, perhaps a minority, but enough wanted to do so that racist legislators had to pass laws to stop them.

In other words, the libertarian perception of reality is more accurate than the conservative or liberal.

So is the libertarian solution. What if the Civil Rights Act were more libertarian, prohibiting governments from being racist but leaving private decisions up to individuals? That question also answers itself. Some business owners would refuse to serve blacks and some would serve everyone. Some employers would hire the most talented employees and some would turn down superior black candidates because of their race.

Anyone who has ever run a business knows which group the market would allow to survive. The Civil Rights Act actually gives racists cover because it doesn’t let the market weed them out. It has also spawned a whole new set of reasons for racial resentment because of affirmative action and other derivative legislation. Like all government solutions, it produces more of whatever it “declares war on.”

Libertarianism didn’t fail African-Americans. Government did, as it has failed us all.

Libertarianism, anyone?

The Right to Be Racist?

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With Ron Paul well positioned to win the Iowa Caucuses, the Republican establishment is in full panic mode. They are well aware that Paul actually means what he says about cutting $1 trillion from the federal budget during his first year in office, including removing U.S. troops from the active wars in the Middle East and from their decades-long deployments in Europe and elsewhere around the world. In other words, for the beneficiaries of big government, both liberal and conservative, the party will be over. Desperate to prevent this, they are looking for something, anything, that they can attack him on.

The trouble with attacking Paul is there is not much to attack. He has no closet full of ex-wives, tawdry affairs, or dirty political deals. More importantly, he has been a consistent conservative throughout his political career. He doesn’t have to explain away a Romneycare or television ads promoting the liberal environmentalist agenda. He doesn’t have to explain why he has changed his position on issues conservatives deem crucial to their ideology and platform. He can’t be attacked for his economic plan because it is precisely what conservatives say they believe in, but never do. While his foreign policy is out of step with the current Republican establishment, it is consistent with that of conservative icons Ronald Reagan and Robert Taft, which Paul takes every opportunity to point out. It is also resonating with the American people, including active military personnel, who donate more to Paul’s campaign than to all of the other Republican candidates combined.

So, in a desperate attempt to find something to attack, Republicans are resorting to the old, liberal trick of implying that he is a racist. They can’t call him a racist outright because the allegation would be ludicrous. Paul and his positions have become too well-known, including his own denunciation of racism as “an ugly form of collectivism.” Instead, the establishment seeks to associate Paul with racism indirectly, citing campaign contributions from white supremacists that Paul didn’t return or the famous newsletters, an issue that was put to rest a decade ago.

However, the one question of substance that the establishment can raise and which Paul should expect to be heavily emphasized should he win the nomination is his stance on the Civil Rights Act of 1964. Here, Paul’s strict adherence to libertarian principles would seem to mean that Paul recognizes a right to be racist, regardless of how distasteful he may find racism personally. If that’s true, then it is going to hurt Paul politically, especially in the general election when the full power of the liberal media is aligned against him. Paul should expect to be questioned on this in every interview. The strategy was effective against Barry Goldwater, who also opposed the Civil Rights Act, and will be effective against Paul if he cannot answer it more effectively.

It is a testament to the character of the American people that any association with racism immediately elicits aversion and disgust. The idea that a human being might somehow be inferior because of a superficial genetic variation like skin pigmentation, which is about as significant as attached ear lobes, is the height of ignorance, leftover from a more barbaric past. The majority of Americans have decided long ago that this is something that they want no part of and ought to be banished from civil society. But what about the minority who do not agree? Does Ron Paul or the libertarian philosophy in general recognize a right to be racist?

The short answer is no. The whole line of reasoning comes out of a misunderstanding of libertarianism and, more fundamentally, rights. Libertarianism does not recognize the existence of “positive rights.” To libertarians, all rights are negative. Thus there is no right to be racist, just as there is no right to be charitable, tolerant, or honest. There is only the right not to have force used against you unless you have previously initiated force against someone else. This is the essence of liberty and libertarianism. It is the only theory of rights that can be reconciled with reason.

Consider the right to life. Regardless of how they feel about the supposed right to healthcare, a living wage, or other controversial “rights,” everyone recognizes the right to life. But what is this right? Is it a right to live under all circumstances? No. When someone dies of natural causes, no one alleges that their right to life has been violated. Similarly, if one dies of a fatal disease or is killed by a flood or eaten by a lion, no one would allege that their right to life was infringed, however tragic their death may have been. The right to life is specifically the right not to be killed by another human being. Even this definition of the right to life has a limit. Your right to life does not protect you from being killed by another human being if he is defending himself against you while you are trying to kill him.

This reasoning applies to all rights. The right to liberty is the right not to have another human being forcefully inhibit your actions if they do not harm another person. The right to property is the right not to have another human being take your justly acquired possessions away from you against your will.

Thus, libertarianism does not defend the right of an employer to discriminate based upon race, it defends his right not have violence initiated against him if he does. Understanding this point requires a recognition of reality – that every law is backed up by the threat of violence if it is not obeyed. While the vast majority of libertarians – in fact, the vast majority of all people – find racial discrimination distateful, libertarians recognize that it does not constitute violence against other people and therefore its practitioners have a right not to have violence used against them. Thus, there can be no just law against racism or racial discrimination. That is not an endorsement of bigotry. It is merely a consistent application of the principle of liberty.

So would a libertarian society include signs on restaurants saying “No Blacks Allowed” or vast inequities in employment opportunities for racial minorities, women, or the disabled? No. Why not? Because a libertarian society would include an unregulated free market, with no privileges or artificial advantages for connected corporations, which means unlimited competition among firms selling similar products and services. As I’ve said before, the racist employer loses in such a market economy. Any employer that consistently chooses to hire less talented employees based upon their race will, by definition, have a less talented workforce than its non-racist competitor. This does not rely upon altruism, boycotts, or any other sacrifice of individual self-interest. The employer that hires the most talented people, regardless of race, sex, or other non-essential characteristics does so because it is in his economic best interests to do so. A more talented workforce increases his profits and allows him to gain market share, eventually putting the racist out of business.

Similarly, the restaurant or movie theater that turns away customers based upon race (or other non-economic factors) puts itself at a fatal disadvantage against the restaurant or movie theater that sells to all consumers willing to buy its products. This doesn’t even account for the societal aversion that would result from anyone putting up a sign saying “Whites Only” or “No Blacks Allowed.” Even discounting the fact that most Americans would boycott such an establishment merely on principle, the racist restaurateur or movie theater owner loses, for purely economic reasons. In other words, even assuming that all economic players act only in their own self-interest and no one makes any decisions based upon moral aversion to racism, the market will still defeat racism, every time.

The only other solution is totalitarianism. If government regulation is really the answer, then the Civil Rights Act of 1964 does not nearly go far enough in fighting racism. Regarding employment, the legislation is arbitrarily selective in the racism that it prohibits. As I’ve said before, the employment contract is merely a buyer-seller arrangement. Employers are buyers of a product (labor) from sellers of that product (employees). Why should this buyer-seller contract be treated any differently from any other buyer-seller arrangement? Why should the government not be regulating every purchase we make, ensuring that we buy approximately 12.5% of our food, gasoline, or toilet paper from black-owned firms, or approximately 50% of those products from women-owned firms? While that might seem ludicrous, it is not substantively different in principle from the idea that the government can prohibit racism when employers purchase labor. Neither is the prospect of punishing black or female consumers for not buying enough products from white-owned or male-owned firms.

If Americans take the time to think these issues through, they will continue to abhor racism but will join Paul and libertarians in their opposition to those sections of the Civil Rights Act of 1964 that deal with private property and personal decisions. Liberty does mean that some people will do things that we don’t like, but it affords us the ability not to associate with those people, to disapprove of their actions, to voice that opposition openly, and to persuade others to condemn it as we do. It gives us the ability to make our own decisions about who we associate with, who we do business with, including who we buy from and who we sell to, and forces us to live with the consequences of those decisions. By prohibiting racism under the threat of violence, the government actually gives racists cover. If given the freedom to hire, buy, and sell based upon race, as they wish to, the market will more quickly put them where they belong – out of business.

So how does Ron Paul handle this deeply divisive philosophical issue without compromising his principles, and do so during the average one-minute soundbyte during an interview? While I would not presume to be able to articulate the principles of liberty better than Ron Paul, who has been doing so for over 30 years, I humbly suggest the following:

“Personally, I agree with the vast majority of Americans that abhor racism and other forms of discrimination against people based upon superficial characteristics that have nothing to do with the content of their character. However, we have to find a way to fight this problem without trampling the rights to liberty and property that are the bedrock of a free society. So, I’ll make you a deal. You give me an unregulated free market where everyone is free to dispose of their person and property as they see fit, as long as they do not invade the person or property of others. If, under those circumstances, someone actually puts up a sign that says “Whites Only” or “No Blacks Allowed,” I’ll be open for business the very next day, right across the street. My sign will say “Everybody Welcome.” We’ll see who’s still in business a month after that.”

Tom Mullen is the author of A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.