Libertarian Moment

Actual libertarians–that is, those who take the political economic critique seriously–easily surmised beforehand that the “libertarian moment” would more or less just produce something like the “libertarian case for stop and frisk.” Bonus: self-described “libertarians” apparently now are even more likely to support US military interventionism than those not aligned with the label.

Smells like a Conservative

I suppose the gig is fully up when someone like Phyllis Schlafly declares social conservatism to be the true heir of libertarianism.
Oh, wait.

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Roberts Affirms the Total State Model

Yesterday, the Roberts court affirmed the Obama defense of the so-called “Affordable Care Act.” To me, it is not a particularly surprising result. Two years ago, I noted that the Obama Admin’s principal argument relied on the classification of the mandate as a tax and that the legislation–all 2000 pages plus–was carefully crafted to categorize any penalty as an excise tax. As I wrote at the time, Obama–his “socialist” caricature notwithstanding–wasn’t arguing the case by making appeals to the Communist Manifesto. He was merely relying on past American constitutional precedent. He had “the firm’s” legal team carefully draft the new rules of the health care political economy to pass compliance strictly with the firm’s monopoly power to tax.

And it passed the compliance test. Indeed, John Roberts used this decision to affirm the role of his court to be the adjudicators of compliance and not the arbiters of constraint. Really, the judiciary is the only possible monkey wrench in a model of total government by political competition/rent-seeking. Yesterday, Roberts proclaimed that the role of the judiciary is not to save us from democracy, which, of course, means “the firm.”

We simply pose a simple question to Mr. Roberts: who wrote that 2000 page piece of legislation? Who could compose an entire model of political economy from the mere power to tax in a fully “compliant” manner. Justice ain’t that blind, sir….

Incredibly, there are some so-called libertarians who are hailing this decision as a bulwark against the future regulatory State because of some speculative nonsense that Roberts has now taken the “commerce clause” off the table. Sheeeeyyyyyytttttt. The regulatory state ultimately derives from the power to tax. The Firm more or less is the regulatory state. It is not going anywhere.

Let us dispense with the romance and the delusion. Politics is a rent-seeking game. Richard Posner and the Chicago School had it wrong. It is not a game where nothing is being redistributed, that is, where outlays = rents. Tullock and the Virginia School have the better model but resorted to a ridiculous “inefficient market hypothesis” to try to save liberalism in a public choice context when it became apparent that rents >> outlays. Tullock, himself, in explaining why he couldn’t convert to the libertarianism, more or less admitted that he simply preferred the blue pill to the red pill–he was too married to the institutionalism he was critiquing to defect.

If we accept that firms can arise in a “free market” of horizontal trading partners because a hierarchy of economic governance can sometimes prove to maximize economic rents relative to a regime of horizontal trading partners–as a consequence of the frictional costs of bargaining–we have to accept the reality of “firms” in political competition. It is indefensible to hold a position of firms as a consequence of economic rent-seeking in a free market but no firms as a consequence of rent-seeking in political competition. Yes, we can think of political parties as “firms,” but the actual firm is the State.

Today we know(or we should know) that Madisonian Democracy is a horribly flawed political concept. The idea that high institutional frictional costs constrain political competition/rent-seeking is just wrong. On the contrary, the high institutional transaction costs are what actually guarantee the emergence of “the Firm.” Equal competitive agents(“gangs”) fighting over rents in a highly frictional environment can be literally infinitely wasteful. To avoid this, you thus have a type of hierarchical, economic governance that emerges–the Firm.

John Roberts, “evil genius,” I think not. I think the evil geniuses are these libertarian think tanks and mags that keep propagandizing “proper role of government,” “limited government,” and demonstrate infinite capacity to find “silver linings” in libertarian-conservative fusionism. You doubt the “State as Firm?” Well, sometimes you just have to actually give a demonstration of the empirical reality. Below is just the “legislative component” of “the Firm.” Do you see any silver linings, any evidence of limited government, any evidence that it matters one fuck whether it is the monopoly power to tax or to “regulate” regarding the ends of our Firm?

The House Legislative Component of The Firm

Committee Chairperson Ranking Member
Subcommittee
Agriculture Frank Lucas (R-OK) Collin C. Peterson (D-MN)
Conservation, Energy, and Forestry Glenn Thompson (R-PA) Tim Holden (D-PA)
Department Operations, Oversight, and Credit Jeff Fortenberry (R-NE) Marcia Fudge (D-OH)
General Farm Commodities and Risk Management Mike Conaway (R-TX) Leonard Boswell (D-IA)
Livestock, Dairy, and Poultry Tom Rooney (R-FL) Dennis Cardoza (D-CA)
Nutrition and Horticulture Jean Schmidt (R-OH) Joe Baca (D-CA)
Rural Development, Research, Biotechnology, and Foreign Agriculture Timothy V. Johnson (R-IL) Jim Costa (D-CA)
Appropriations Hal Rogers (R-KY) Norm Dicks (D-WA)
Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Jack Kingston (R-GA) Sam Farr (D-CA)
Commerce, Justice, Science, and Related Agencies Frank Wolf (R-VA) Chaka Fattah (D-PA)
Defense Bill Young (R-FL) Norm Dicks (D-WA)
Energy and Water Development Rodney Frelinghuysen (R-NJ) Pete Visclosky (D-IN)
Financial Services and General Government Jo Ann Emerson (R-MO) José Serrano (D-NY)
Homeland Security Robert Aderholt (R-AL) David Price (D-NC)
Interior, Environment, and Related Agencies Mike Simpson (R-ID) Jim Moran (D-VA)
Labor, Health and Human Services, Education, and Related Agencies Denny Rehberg (R-MT) Rosa DeLauro (D-CT)
Legislative Branch Ander Crenshaw (R-FL) Mike Honda (D-CA)
Military Construction, Veterans Affairs, and Related Agencies John Culberson (R-TX) Sanford Bishop (D-GA)
State, Foreign Operations, and Related Programs Kay Granger (R-TX) Nita Lowey (D-NY)
Transportation, Housing and Urban Development, and Related Agencies Tom Latham (R-IA) John Olver (D-MA)
Armed Services Buck McKeon (R-CA) Adam Smith (D-WA)
Emerging Threats and Capabilities Mac Thornberry (R-TX) Jim Langevin, (D-RI)
Military Personnel Joe Wilson (R-SC) Susan Davis (D-CA)
Oversight and Investigations Rob Wittman (R-VA) Jim Cooper (D-TN)
Readiness Randy Forbes (R-VA) Madeleine Bordallo (D-GU)
Seapower and Projection Forces Todd Akin (R-MO) Mike McIntyre (D-NC)
Strategic Forces Mike Turner (R-OH) Loretta Sanchez (D-CA)
Tactical Air and Land Forces Roscoe Bartlett (R-MD) Silvestre Reyes (D-TX)
Budget Paul Ryan (R-WI) Chris Van Hollen (D-MD)
Education and the Workforce John Kline (R-MN) George Miller (D-CA)
Early Childhood, Elementary and Secondary Education Duncan D. Hunter (R-CA) Dale Kildee (D-MI)
Health, Employment, Labor, and Pensions Phil Roe (R-TN) Rob Andrews (D-NJ)
Higher Education and Workforce Training Virginia Foxx (R-NC) Ruben Hinojosa (D-TX)
Workforce Protections Tim Walberg (R-MI) Lynn Woolsey (D-CA)
Energy and Commerce Fred Upton (R-MI) Henry Waxman (D-CA)
Commerce, Manufacturing and Trade Mary Bono Mack (R-CA) G. K. Butterfield (D-NC)
Communications and Technology Greg Walden (R-OR) Anna Eshoo (D-CA)
Energy and Power Ed Whitfield (R-KY) Bobby Rush (D-IL)
Environment and the Economy John Shimkus (R-IL) Gene Green (D-TX)
Health Joe Pitts (R-PA) Frank Pallone (D-NJ)
Oversight and Investigations Cliff Stearns (R-FL) Diana DeGette (D-CO)
Ethics Jo Bonner (R-AL) Linda Sánchez (D-CA)
Financial Services Spencer Bachus (R-AL) Barney Frank (D-MA)
Capital Markets and Government-Sponsored Enterprises Scott Garrett (R-NJ) Maxine Waters (D-CA)
Domestic Monetary Policy and Technology Ron Paul (R-TX) William Clay, Jr. (D-MO)
Financial Institutions and Consumer Credit Shelley Moore Capito (R-WV) Carolyn B. Maloney (D-NY)
Insurance, Housing and Community Opportunity Judy Biggert (R-IL) Luis Gutierrez (D-IL)
International Monetary Policy and Trade Gary Miller (R-CA) Carolyn McCarthy (D-NY)
Oversight and Investigations Randy Neugebauer (R-TX) Michael Capuano (D-MA)
Foreign Affairs Ileana Ros-Lehtinen (R-FL) Howard Berman (D-CA)
Africa, Global Health, and Human Rights Chris Smith (R-NJ) Karen Bass (D-CA)
Asia and the Pacific Donald A. Manzullo (R-IL) Eni Faleomavaega (D-AS)
Europe and Eurasia Dan Burton (R-IN) Gregory Meeks (D-NY)
Middle East and South Asia Steve Chabot (R-OH) Gary Ackerman (D-NY)
Oversight and Investigations Dana Rohrabacher (R-CA) Russ Carnahan (D-MO)
Terrorism, Nonproliferation, and Trade Ed Royce (R-CA) Brad Sherman (D-CA)
Western Hemisphere Connie Mack IV (R-FL) Eliot Engel (D-NY)
Homeland Security Peter T. King (R-NY) Bennie Thompson (D-MS)
Border and Maritime Security Candice Miller (R-MI) Henry Cuellar (D-TX)
Counterterrorism and Intelligence Pat Meehan (R-PA) Jackie Speier (D-CA)
Cybersecurity, Infrastructure Protection, and Security Technologies Dan Lungren (R-CA) Yvette Clarke (D-NY)
Emergency Preparedness, Response, and Communications Gus Bilirakis (R-FL) Laura Richardson (D-CA)
Oversight, Investigations, and Management Michael McCaul (R-TX) William R. Keating (D-MA)
Transportation Security Mike D. Rogers (R-AL) Sheila Jackson Lee (D-TX)
House Administration Dan Lungren (R-CA) Bob Brady (D-PA)
Oversight Phil Gingrey (R-GA) Zoe Lofgren (D-CA)
Elections Gregg Harper (R-MS) Bob Brady (D-PA)
Judiciary Lamar S. Smith (R-TX) John Conyers (D-MI)
Courts, Commercial and Administrative Law Howard Coble (R-NC) Steve Cohen (D-TN)
Constitution Trent Franks (R-AZ) Jerrold Nadler (D-NY)
Intellectual Property, Competition, and the Internet Bob Goodlatte (R-VA) Mel Watt (D-NC)
Crime, Terrorism, and Homeland Security Jim Sensenbrenner (R-WI) Bobby Scott (D-VA)
Immigration Policy and Enforcement Elton Gallegly (R-CA) Zoe Lofgren (D-CA)
Natural Resources Doc Hastings (R-WA) Ed Markey (D-MA)
Energy and Mineral Resources Doug Lamborn (R-CO) Rush D. Holt (D-NJ)
Fisheries, Wildlife, Oceans and Insular Affairs John Fleming (R-LA) Gregorio Sablan (D-MP)
Indian and Alaska Native Affairs Don Young (R-AK) Ben R. Luján (D-NM)
National Parks, Forests and Public Lands Rob Bishop (R-UT) Raúl Grijalva (D-AZ)
Water and Power Tom McClintock (R-CA) Grace Napolitano (D-CA)
Oversight and Government Reform Darrell Issa (R-CA) Elijah Cummings (D-MD)
Federal Workforce, U.S. Postal Service and Labor Policy Dennis A. Ross (R-FL) Stephen Lynch (D-MA)
Government Organization, Efficiency and Financial Management Todd Platts (R-PA) Ed Towns (D-NY)
Health Care, District of Columbia, Census and the National Archives Trey Gowdy (R-SC) Danny K. Davis (D-IL)
National Security, Homeland Defense and Foreign Operations Jason Chaffetz (R-UT) John F. Tierney (D-MA)
Regulatory Affairs, Stimulus Oversight and Government Spending Jim Jordan (R-OH) Dennis Kucinich (D-OH)
TARP, Financial Services and Bailouts of Public and Private Programs Patrick McHenry (R-NC) Michael Quigley (D-IL)
Technology, Information Policy, Intergovernmental Relations and Procurement Reform James Lankford (R-OK) Gerry Connolly (D-VA)
Rules David Dreier (R-CA) Louise Slaughter (D-NY)
Legislative and Budget Process Pete Sessions (R-TX) Alcee Hastings (D-FL)
Rules and the Organization of the House Rich Nugent (R-FL) Jim McGovern (D-MA)
Science, Space and Technology Ralph Hall (R-TX) Eddie Bernice Johnson (D-TX)
Space and Aeronautics Steven Palazzo (R-MS) Jerry Costello (D-IL)
Technology and Innovation Ben Quayle (R-AZ) Donna Edwards (D-MD)
Research and Science Education Mo Brooks (R-AL) Dan Lipinski (D-IL)
Investigations and Oversight Paul Broun (R-GA) Donna Edwards (D-MD)
Energy and Environment Andy Harris (R-MD) Brad Miller (D-NC)
Small Business Sam Graves (R-MO) Nydia Velazquez (D-NY)
Agriculture, Energy and Trade Scott Tipton (R-CO) Mark Critz (D-PA)
Healthcare and Technology Renee Ellmers (R-NC) Cedric Richmond (D-LA)
Economic Growth, Tax and Capital Access Joe Walsh (R-IL) Kurt Schrader (D-OR)
Contracting and Workforce Mick Mulvaney (R-SC) Judy Chu (D-CA)
Investigations, Oversight and Regulations Mike Coffman (R-CO) Jason Altmire (D-PA)
Transportation and Infrastructure John Mica (R-FL) Nick Rahall (D-WV)
Aviation Thomas Petri (R-WI) Jerry Costello (D-IL)
Coast Guard and Maritime Transportation Frank LoBiondo (R-NJ) Rick Larsen (D-WA)
Economic Development, Public Buildings and Emergency Management Jeff Denham (R-CA) Eleanor Holmes Norton (D-DC)
Highways and Transit John J. Duncan, Jr. (R-TN) Peter DeFazio (D-OR)
Railroads, Pipelines, and Hazardous Materials Bill Shuster (R-PA) Corrine Brown (D-FL)
Water Resources and Environment Bob Gibbs (R-OH) Tim Bishop (D-NY)
Veterans’ Affairs Jeff Miller (R-FL) Bob Filner (D-CA)
Disability Assistance and Memorial Affairs Jon Runyan (R-NJ) Jerry McNerney (D-CA)
Economic Opportunity Marlin Stutzman (R-IN) Bruce Braley (D-IA)
Health Ann Marie Buerkle (R-NY) Mike Michaud (D-ME)
Oversight and Investigations Bill Johnson (R-OH) Joe Donnelly (D-IN)
Ways and Means Dave Camp (R-MI) Sander Levin (D-MI)
Health Wally Herger (R-CA) Pete Stark (D-CA)
Human Resources Geoff Davis (R-KY) Lloyd Doggett (D-TX)
Oversight Charles Boustany (R-LA) John Lewis (D-GA)
Select Revenue Measures Pat Tiberi (R-OH) Richard Neal (D-MA)
Social Security Sam Johnson (R-TX) Xavier Becerra (D-CA)
Trade Kevin Brady (R-TX) Jim McDermott (D-WA)

The Senate Legislative Component of The Firm

Committee Chairman Ranking Member
  Subcommittees
Agriculture, Nutrition and Forestry (5) Debbie Stabenow (D-MI) Pat Roberts (R-KS)
Commodities, Markets, Trade and Risk Management Ben Nelson (D-NE) Saxby Chambliss (R-GA)
Conservation, Forestry and Natural Resources Michael Bennet (D-CO) John Boozman (R-AR)
Jobs, Rural Economic Growth and Energy Innovation Sherrod Brown (D-OH) John Thune (R-SD)
Livestock, Dairy, Poultry, Marketing and Agriculture Security Kirsten Gillibrand (D-NY) Mike Johanns (R-NE)
Nutrition, Specialty Crops, Food and Agricultural Research Bob Casey (D-PA) Richard Lugar (R-IN)
Appropriations (12) Daniel Inouye (D-HI) Thad Cochran (R-MS)
Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Herb Kohl (D-WI) Roy Blunt (R-MO)
Commerce, Justice, Science, and Related Agencies Barbara Mikulski (D-MD) Kay Bailey Hutchison (R-TX)
Defense Daniel Inouye (D-HI) Thad Cochran (R-MS)
Energy and Water Development Dianne Feinstein (D-CA) Lamar Alexander (R-TN)
Financial Services and General Government Richard Durbin (D-IL) Jerry Moran (R-KA)
Homeland Security Mary Landrieu (D-LA) Dan Coats (R-IN)
Interior, Environment, and Related Agencies Jack Reed (D-RI) Lisa Murkowski (R-AK)
Labor, Health and Human Services, Education, and Related Agencies Tom Harkin (D-IA) Richard Shelby (R-AL)
Legislative Branch Ben Nelson (D-NE) John Hoeven (R-ND)
Military Construction, Veterans Affairs, and Related Agencies Tim Johnson (D-SD) Mark Kirk (R-IL)
State, Foreign Operations, and Related Programs Patrick Leahy (D-VT) Lindsey Graham (R-SC)
Transportation, Housing and Urban Development, and Related Agencies Patty Murray (D-WA) Susan Collins (R-ME)
Armed Services (6) Carl Levin (D-MI) John McCain (R-AZ)
Airland Joe Lieberman (I-CT) Scott Brown (R-MA)
Emerging Threats and Capabilities Kay Hagan (D-NC) Rob Portman (R-OH)
Personnel Jim Webb (D-VA) Lindsey Graham (R-SC)
Readiness and Management Support Claire McCaskill (D-MO) Kelly Ayotte (R-NH)
SeaPower Jack Reed (D-RI) Roger Wicker (R-MS)
Strategic Forces Ben Nelson (D-NE) Jeff Sessions (R-AL)
Banking, Housing, and Urban Affairs (5) Tim Johnson (D-SD) Richard Shelby (R-AL)
Economic Policy Jon Tester (D-MT) David Vitter (R-LA)
Financial Institutions and Consumer Protection Sherrod Brown (D-OH) Bob Corker (R-TN)
Housing, Transportation, and Community Development Robert Menendez (D-NJ) Jim DeMint (R-SC)
Securities, Insurance, and Investment Jack Reed (D-RI) Mike Crapo (R-ID)
Security and International Trade and Finance Mark Warner (D-VA) Mike Johanns (R-NE)
Budget Kent Conrad (D-ND) Jeff Sessions (R-AL)
Commerce, Science and Transportation (7) Jay Rockefeller (D-WV) Kay Bailey Hutchison (R-TX)
Aviation Operations, Safety, and Security Maria Cantwell (D-WA) John Thune (R-SD)
Communications, Technology, and the Internet John Kerry (D-MA) Jim DeMint (R-SC)
Competitiveness, Innovation, and Export Promotion Amy Klobuchar (D-MN) Roy Blunt (R-MO)
Consumer Protection, Product Safety, and Insurance Mark Pryor (D-AR) Pat Toomey (R-PA)
Oceans, Atmosphere, Fisheries, and Coast Guard Mark Begich (D-AK) Olympia Snowe (R-ME)
Science and Space Bill Nelson (D-FL) John Boozman (R-AR)
Surface Transportation and Merchant Marine Infrastructure, Safety, and Security Frank Lautenberg (D-NJ) Roger Wicker (R-MS)
Energy and Natural Resources (4) Jeff Bingaman (D-NM) Lisa Murkowski (R-AK)
Energy Maria Cantwell (D-WA) Jim Risch (R-ID)
National Parks Mark Udall (D-CO) Richard Burr (R-NC)
Public Lands and Forests Ron Wyden (D-OR) John Barrasso (R-WY)
Water and Power Debbie Stabenow (D-MI) Mike Lee (R-UT)
Environment and Public Works (7) Barbara Boxer (D-CA) Jim Inhofe (R-OK)
Children’s Health and Environmental Responsibility Amy Klobuchar (D-MN) Lamar Alexander (R-TN)
Clean Air and Nuclear Safety Tom Carper (D-DE) John Barrasso (R-LA)
Green Jobs and the New Economy Bernie Sanders (I-VT) John Boozman (R-AR)
Oversight Sheldon Whitehouse (D-RI) Mike Johanns (R-NE)
Superfund, Toxics and Environmental Health Frank Lautenberg (D-NJ) Mike Crapo (R-ID)
Transportation and Infrastructure Max Baucus (D-MT) David Vitter (R-LA)
Water and Wildlife Ben Cardin (D-MD) Jeff Sessions (R-AL)
Finance (6) Max Baucus (D-MT) Orrin Hatch (R-UT)
Energy, Natural Resources, and Infrastructure Jeff Bingaman (D-NM) John Cornyn (R-TX)
Fiscal Responsibility and Economic Growth Bill Nelson (D-FL) Mike Crapo (R-ID)
Health Care Jay Rockefeller (D-WV) Chuck Grassley (R-IA)
International Trade, Customs, and Global Competitiveness Ron Wyden (D-OR) John Thune (R-SD)
Social Security, Pensions, and Family Policy Debbie Stabenow (D-MI) Tom Coburn (R-OK)
Taxation and IRS Oversight Kent Conrad (D-ND) Jon Kyl (R-AZ)
Foreign Relations (7) John Kerry (D-MA) Richard Lugar (R-IN)
Western Hemisphere, Peace Corps and Narcotics Affairs Robert Menendez (D-NJ) Marco Rubio (R-FL)
Near Eastern and South and Central Asian Affairs Bob Casey, Jr. (D-PA) Jim Risch (R-ID)
African Affairs Chris Coons (D-DE) Johnny Isakson (R-GA)
East Asian and Pacific Affairs Jim Webb (D-VA) James Inhofe (R-OK)
International Operations and Organizations, Human Rights, Democracy and Global Women’s Issues Barbara Boxer (D-CA) Jim DeMint (R-SC)
European Affairs Jeanne Shaheen (D-NH) John Barrasso (R-WY)
International Development and Foreign Assistance, Economic Affairs, and International Environmental Protection Ben Cardin (D-MD) Bob Corker (R-TN)
Health, Education, Labor, and Pensions (3) Tom Harkin (D-IA) Mike Enzi (R-WY)
Subcommittee on Children and Families Patty Murray (D-WA) Richard Burr (R-NC)
Subcommittee on Employment and Workplace Safety Barbara Mikulski (D-MD) Johnny Isakson (R-GA)
Subcommittee on Primary Health and Aging Bernie Sanders (I-VT) Rand Paul (R-KY)
Homeland Security and Governmental Affairs (5) Joe Lieberman (ID-CT) Susan Collins (R-ME)
Contracting Oversight (Ad Hoc) Claire McCaskill (D-MO) Rob Portman (R-OH)
Disaster Recovery and Intergovernmental Affairs (Ad Hoc) Mark Pryor (D-AR) Rand Paul (R-KY)
Federal Financial Management, Government Information and International Security Thomas Carper (D-DE) Scott Brown (R-MA)
Investigations (Permanent) Carl Levin (D-MI) Tom Coburn (R-OK)
Oversight of Government Management, the Federal Workforce and the District of Columbia Daniel Akaka (D-HI) Ron Johnson (R-WI)
Judiciary (6) Patrick Leahy (D-VT) Chuck Grassley (R-IA)
Administrative Oversight and the Courts Amy Klobuchar (D-MN) Jeff Sessions (R-AL)
Antitrust, Competition Policy and Consumer Rights Herb Kohl (D-WI) Mike Lee (R-UT)
The Constitution, Civil Rights and Human Rights Dick Durbin (D-IL) Lindsey Graham (R-SC)
Crime and Terrorism Sheldon Whitehouse (D-RI) Jon Kyl (R-AZ)
Immigration, Refugees and Border Security Chuck Schumer (D-NY) John Cornyn (R-TX)
Privacy, Technology and the Law Al Franken (D-MN) Tom Coburn (R-OK)
Rules and Administration Chuck Schumer (D-NY) Lamar Alexander (R-TN)
Small Business and Entrepreneurship Mary Landrieu (D-LA) Olympia Snowe (R-ME)
Veterans’ Affairs Patty Murray (D-WA) Richard Burr (R-NC)

The Last Stop of the “S-Train”

Recently, I’ve been involved in a couple of twitter spats with self-described libertarians. One was over immigration; the other was over Bradley Manning. The former was civil, the latter was not. In each instance, the crux of the opponent’s argument reduced to a paramount presumption of the “rule of law” over any rational challenge. Of course, from a libertarian perspective, I find an appeal to an unchallengeable presumption of the rule of law to be foreign to the tradition. Interestingly, by pointing this out–particularly in referencing Thoreau–I incurred the charge of “anarchist.” Now, that’s an accurate charge, but the actual intent and implication of the charge was this position thusly placed me outside the libertarian tradition. In the case of the immigration “debate” that I had with the Social Media Director of Conservative Daily News, I was told I should be commenting on anarchism, not libertarianism. In the case of the Bradley Manning “spat” I had with Doug Mataconis, the charge was additionally gift-wrapped with the insult.1

Ah so you’re one of those idiotic anarchists. This conversation is over, moron

Anarchism is not a rational philosophy. I don’t care to converse with those who follow it.

So-called libertarians who condone traitors are worthless anarchists

And you have shown yourself to be an irrelevant anarchist who the rest of us can laugh at

Now, the context, which can be viewed here, is that insults came after lengthy twitter deconstructions of Mataconis’ stated reasons why Manning is guilty of espionage and treason. The challenges would simply terminate with Mataconis’ appeal to the insult. Now when I pointed that I was relying on a number of liberal and libertarian authors(“Locke, Hume, Hobbes, the radical french liberal economists, proudhon, spencer, tucker, george, nock,etc”) Mataconis responded:

I’ve read them too, bucko. I also understand reality, unlike you

But you can’t claim to have read and understood these authors(implying a firm understanding of both the liberal and libertarian tradition) and make a statement like:

“Anarchism is not a rational philosophy. I don’t care to converse with those who follow it.”

To make such a statement indicates either: (1) gross incompetence(stupidity=incapable of understanding what you have read), (2) lying(hasn’t actually read what is claimed to have been read) (3) repudiation (4) doublethink

Why? Because political obligation in liberal political theory–the social contract– is derived from an agent rational calculation that measures between (i) the compliance problem of anarchy vs (ii) the minimum amount of liberty an agent is willing to concede(constraint against “means”) to resolve this compliance problem. It’s a hypothetical contractual bargain. Anarchy is treated as the natural human condition. The State is an artificial construct, meaning it’s a tool, an invented device as means to an end. In this “bargain,” anarchy has to necessarily be a rational bargaining outcome in the total set of outcomes–by definition– because anarchy, specifically the constraints against it, is the thing rational agents are minimizing against(the degree they are willing to give up) to obtain the “cooperative surplus.” If “anarchy” is “irrational,” then the entire methodological foundation of liberalism collapses because agents are stripped of agency. The very notion of “bargaining” then becomes absurd. The State is no longer means, it is ends. Agency itself is the product of ends.

Now it may not be rational to choose anarchy over the State. But with Locke, for example, “anarchy” was only a sub-optimal arrangement(not one of total war). Where the confusion often arises is over Hobbe’s “war against all.” Hobbe’s “war against is all” is the foundation for Leviathan as the product of human agency. Hobbe’s view of anarchy or the State of Nature is not that it is irrational, but rather that it suffers from an intractable compliance problem. The compliance problem does not affect human agency, however. Politics is a bargain between exclusively rational agents. Leviathan is the product of this agency. Hobbes arrives at Leviathan from Human Agency because he does not neglect to extend the compliance problem to the compliance agency itself. Hence, no separation of powers bullshit. It is Leviathan.

One pet-peeve of mine is how the communitarians will often try to sneak in Hegel through the backdoor of Hobbes. That is, the “War of all against all” is why humans have “contracted away” human agency and why we have agency only as ends. Except, of course, for the cherry picking of those aspects of liberalism(human agency) that they find preferable. So, the State is Us and We are the State until “We” need to keep “Our” hands off of what “I” consider fundamental.

Returning to Mataconis’ statement regarding Anarchism, it should be seen as an example of (4) doublethink. Mataconis has been blogging on libertarian matters for a number of years, but you really won’t find any deconstruction of anarchism from him. You would think so, given the hostility of the dismissal. But the hostility in this matter can be likely explained by the fact that is not difficult to debunk assertions of the preeminence of the rule of law against rational challenges. Certainly, in the case of Manning, the contention that his voluntary contractual agreement to join the Military establishes his treason and guilt in this matter,regardless, is challengeable in the following way:

(1) contractual agreements impose obligations on both parties to the contract. There is a commitment to be met by both parties. If either party fails to meet those obligations, then the other party is released from further obligation. In some cases, the aggrieved party may try to collect compensation for the contractual breach. We can talk about Manning’s contractual obligations to the US Military, but the US Military is obligated to meet its own commitment to how it conducts itself in warfare. Specifically, (a) the Hague Convention of 1907 (b) the Geneva Conventions of 1949 (c) Protocol I Additions to the Geneva Conventions. These set of agreements define the boundaries of war crimes. If the US is engaged in war crimes, then the soldier is no longer bound by his commitment. But particular to this case we have:

(2) The Nuremberg Principle: A principle the US played a major role in fashioning that establishes that a soldier’s contractual obligation to his/her government(whether involuntary or voluntary) is not a defense against war crimes.

This, of course, is a rational argument that the US governments own legal commitments preclude any prosecution of Manning if it can be shown a formal or informal policy of war crimes. Of course, this rational argument would have absolutely no legal weight in a US Military court. But it probably would have weight in an “international court.” So, it is a demonstration, once again, of the “commitment problem.” The US government can’t be expected to enforce its own commitments. To get an enforceable commitment, you have to climb up another rung on the ladder–in this case, to an international court. So you need an Agency C to enforce the commitments between A and B.

Mataconis is worried about the commitment problem of A–in this case, Manning–in terms of the “rule of law.” But what he should be worried about is the commitment problem of B. Indeed, the preeminence of the rule of law applied to A illustrates a problem I’ve developed concerning the phrase. The implication is that a “proper” human agency is a product of the rule of law. But the “commitment problem” is a demonstration that rational agency is certainly not a “rule of law” ends.

The phrase “The Rule of Law is the legal sanction of the Rule of Men” is meant as a critique. But it is also a truism. It can be recast as a statement, “Law is the product of human agency.” And no system can escape that. Indeed, I’m not sure why you would want to. The servility of human agency to “necessity” not subject to rational challenge is a root cause of injustice and exploitation. Any attempt to root political obligation in “the rule of law,” which is often a favorite refrain of our “limited government” or “proper role of government” libertarians, eventually will have to resort to treating human agency as ends to necessity at some point. The difference between the communitarians and the “limited government libertarians” is that communitarians will acknowledge human agency as ends up front while “the libertarians” will keep it in their back pocket as a last resort.

Of course, as Doug Matacanis would say, this is all just philosophical bullshit. The important standard is “reality.” But this is just Orwell. The subjugation of reason to the immediate context is the foundation of Orwell’s version of totalitarianism. Orwell’s pessimism stems from the ease governments could simply control reality. I’m not surprised, then, when the likes of Mataconis demonstrate their seriousness by supporting the “Simpson-Bowles” fiscal accountability plan. The old Soviet regime has Lenin and Stalin’s tomb. We have our two eternally regurgitated republicrat stiffs on ice periodically de-thawed from the meat locker to deliver us a “serious plan” to redistribute the accountability from the invented realities of the political class.

Several years ago, Charles Johnson penned an essay “Take the A Train” which argued that “minarchy” and “anarchy” did not coherently converge to the same thing. This post is sort of a demonstration of that point cast in terms of the relationship between human agency and law. Therein we find the actual convergence point for all forms of Statism: “traitor.” No matter the form or the occupants, the “S Train” terminates to “traitor” at some point.

1 To be fair, I returned the favor a couple of times.