Category Archives: Libertarianism

Illegal Organizations Operate Legally, But Why?

Gary Nolan (and THE Scrappy Doo)
Gary Nolan (and THE Scrappy Doo)

I wish to lay out some hypothetical arguments to consider before identifying my point in making them—please don’t jump ahead.

  • Let’s imagine that Walmart, K-Mart, Kohl’s, et al. decided they weren’t making enough profit. The companies met and agreed to hike their prices by 10% across the board to address the issue. If they unite together, they can all raise their prices equally, make more money, and the consumer is left no choice but to pay the increased costs. It’s a genius idea for the stores of course, but there is one problem. There’s a name for such shenanigans—it’s called collusion. It is highly illegal because it violates the competitive principle of free-market capitalism.
  • In the world of contract law, in order for a contract to be valid, it must have a quid pro quo. Meaning that if I write a contract that simply said I’d give you a million dollars with nothing in the contract I get in return, that contract is unenforceable—a contract must be beneficial to both parties. Why? Because there’s no logical reason for a person to sign a contract where only the other party benefits. It either implies something illegal that is unwritten,  or someone who is mentally disadvantaged in such a way that they cannot fully understand what they are agreeing to.
  • Standard Oil Common Stock
    Standard Oil Common Stock

    In the 1800’s, as Standard Oil rose to be arguably the most powerful company the world has ever seen, they kept buying up all the smaller oil companies who dared compete with them, making it so no one could get oil unless they got it from Standard. As a result, Standard could charge whatever they wanted, they could treat employees like dirt, and they didn’t have to concern themselves with the quality of their product. Why? Because there was no competition for consumers or employees to force Standard to be better. This is called a monopoly, and is also highly illegal—now. Mostly because of Standard Oil.

  • If I owned an automotive chassis manufacturing business but needed to find an engine builder to help me produce a car I want to bring to market, I would meet with several and begin to work on deciding who best suits my needs. After picking a few who show promise, I’d choose the one I liked best from the group and enter into contract negotiations with them. If none of them were to my liking, no contract would be agreed upon. I’d be back to square one and they’d be out of a job, but at least neither of us entered into an agreement we didn’t want—that’s how contract negotiations work. But more importantly, the option for both parties to walk away is the one and only thing that ensures contract negotiations are fair and mutually beneficial.
  • John Gotti - Famous Racketeer
    John Gotti – Famous Racketeer

    In an illegal tactic known as a protection racket, if I were to say, “You pay me to protect your business or else…” you would either do it, or you risk me destroying your business’ property or physically attacking you. It’s a tactic made famous by organized crime. Such a contract would be a contract signed under duress, also highly illegal and unenforceable. It is similar to the quid pro quo issue, but the people doing the threatening present the act of not harming you as the thing they are giving you in return.

So now that we’ve covered these tactics, why do I mention all of them? Because labor unions violate each one.

How is this possible?

Government officials over time, courting the unions and the powers they possess to help them get elected, have carved out laws to allow these otherwise illegal practices to be employed by unions. In doing so, it gives the impression they are helping the populace, even though the large majority of Americans are actually non-union.

There was a quid pro quo here, but it wasn’t between the unions and the employers who have a contract with each other, it was between the unions and the politicians. The people and the employers merely got the shaft.Bribe

So how do they violate these rules?

Collusion, protection racket, and contracts signed under duress: Union employees unite together to force employers to pay them more instead of competing with each other in a free employment market. They don’t ask for a raise on their individual merits, they demand them as a collective “or else.”

No quid pro quo: They force companies to sign contracts that are beneficial to the union at the detriment of the employer. They insinuate that their quid pro quo is that they provide a good work force to the employer, but if you asked any employer if they wanted a union versus a non-union workforce off the record, I defy you to find employers who would prefer union-workers. Let there be no doubt that if any unionized business was given the option to get out of a union contract and peacefully hire a new non-union workforce, they’d do it without hesitation. The idea that unions provide a service to the employer is a myth perpetuated by unions to overcome the fact that there is not a proper quid pro quo in their contracts. There is no logical argument one can make whereby a contract between an employer and a labor union is mutually beneficial.

Monopoly: No business or employee gets to choose between which union it deals with, nor are there multiple unions competing with each other in an industry. The applicable union a business is compelled to do business with merely dictate they are the ones to be dealt with whether you like it or not. In non-right to work states, they don’t even have a choice as to whether or not to participate as a condition of employment.

Contracts signed under duress: A business owner has no option to just walk away. This is called union-busting, and there are actually laws to prevent it, which effectively strong-arm business into making a deal by legislative force, also a form of duress. Union workers don’t just threaten to quit and find employment elsewhere if their demands aren’t met, they stand outside your business and prevent, deter, and/or interfere with customers and other workers from going in and doing business there. It’s not a Let’s-Do-Business-Together contract, it’s a Do-Business-With-Us-Or-Else contact. 

The list of companies that were made healthier and more profitable by the addition of a unionized work force is so minimal as to be non-existent. Much like socialism, it’s sold as a system designed to serve the greater good, but also much like socialism, I have yet to see an effective example where the greater good has truly been served. Until labor unions are forced to operate under the same rules as everyone else, they continue to be illegal enterprises only made legal by selective legislation—our economy will suffer until American’s elect honorable politicians who care more about the moral high ground than election results and put an end to this.

Republicans won 225 Years Ago—Democrats just won’t let it go.

Gary Nolan (and THE Scrappy Doo)
Gary Nolan (and THE Scrappy Doo)

Have you ever had one of those common misconceptions you’re constantly prone to correct?

People often state that America is a democracy, yet it’s not—America is a republic because we have a constitution. In a democracy, the majority always rules, but in a republic, the majority only rules when they do not violate a constitution. The purpose? To protect minorities from the whims of the majority.

The 1st Amendment
The 1st Amendment

A great quote from an unknown source, often falsely attributed to Benjamin Franklin is that a Democracy is two wolves and a lamb voting on what’s for lunch. A republic is an armed lamb contesting the vote. Who knows who actually wrote this, but it’s elegant in its accuracy and simplicity.

I find the distinction of a democracy versus a republic odd for Democrats, because they go to great lengths to paint themselves as the party who supports the needs of minorities, but democracy being the heart of their name is the polar opposite.

In theory, being a Republican means you believe in the idea of a constitution—a protector for the rights of everyone, including minorities. Whether that minority is someone of a different race, sex, age, religion, or economic status. Something Republicans of late often struggle with too as they pass legislation which grows government contrary to their core values.

On a side note, the name Libertarian of course is fairly obvious and still very appropriate—we’re solely about liberty. Some are pure anarchists, some are just government minimalists, but the basic mantra of limited government is always the same.

Libertarian Party Logo
Libertarian Party Logo

Republican and Democrat nomenclature is largely moot these days—Democrats aren’t running on a platform of abolishing the constitution, nor are Republicans running on the platform of establishing a constitution since we already have one.

But, as I think about their respective policies, it is often the Democrats who wish to push through popular legislation regardless of whether it seems to jive with the Constitution or not, leaving Republicans as the one of the two more often standing with our founding document when battling against a populist agenda.

If you look at many social policies to help the poor, they help the majority (those who aren’t rich) at the expense of the minority (those who are rich). Something more charitable wealthy folks like Warren Buffet and Bill Gates may not mind, but others who believe that they can help the people and the economy better by investing themselves, instead of giving their money to a largely wasteful government, find infuriating.

Americans still largely believe socialism and communism are wrong. So politicians proposing laws that are socialistic in nature have had little choice but to rebrand them. They can’t publicly acknowledge many of their policies are socialism, the people would have none of that. But if you call it “Fair share” taxation, and appeal to the class envy of the masses, you can get them to believe that legislative-lemon is legal-lemonade.

But wouldn’t it be nice if we had honesty in politics? If the policies a prospective politician is proposing are so good, shouldn’t they want to be honest about them and let them stand on their merits? As a proper skeptic, the first red flag any voter should recognize is when a politician refuses to go into the nuts & bolts of their proposals. It’s a sure sign there’s something in there they don’t want you to see.

Senator Rand Paul (R)
Senator Rand Paul (R)

If you look at politicians like Gary Johnson, Justin Amash, Rand & Ron Paul, they have made a name for themselves telling the people what they need to hear, not what they want to hear.

Their message of, “Give me the power so I can then take it away from myself and the rest of government” is a refreshing sentiment that seems to be gaining ground with the populace in the wake of the recent government scandal smörgåsbord, although I may just be optimistic.

In the coming years, it will be interesting to see if Republicans choose a libertarian leaning candidate like Rand Paul, will the Libertarian Party unite with them to defeat the authoritarian leaning left, or will they continue to fight each other while socialists continue to work with Democrats instead of splitting off like the Libertarian Party did with the Republicans?

I believe the era of big government Republicans is over. As America continues to evolve away from the strict religious dogma of eras past, embrace science in a way that methodically deconstructs most vice laws for the ineffectual farce that they so often are, and become more libertine in their views about sexual orientations and preferences, the future of the Republican Party is best served by becoming more libertarian.

While I understand these core religious beliefs are important to them; they must understand that these are policies better pushed for on a personal level instead of a legislative one. Our forefathers never intended for government to police individual morality; it was designed to protect our rights from another who would threaten them.

Congressman Justin Amash (R)
Congressman Justin Amash (R)

Our forefathers thought liberty was worth fighting for and dying for. Yet most Americans and politicians seem to overlook that public workers, soldiers, and politicians swear to defend the constitution, not the government.

But either way, the Democrats lost their battle in 1787 when we adopted a Constitution, yet they still won’t let go of the name—it is kind of sad. Then again, they might have an uphill battle if they decide to go with a more accurate “Socialist Party, ” so I guess I can’t blame them.

The Emergency Medical Treatment & Labor Act Poll

As you may or may not know, (you’d know if you read my blog anyway) in 1996 the federal government passed the Federal Emergency Medical Treatment and Labor Act (EMTALA) which requires hospitals to aid a dying patient regardless of their ability to pay or circumstances surrounding their injuries.

Do you feel this is a good thing, bad thing, or somewhere in between?

Prostitution Poll

A common libertarian theme is “No victim, no crime.” If this were true, there would effectively be no police vice squad. With that in mind, since I’ve already asked about drugs in a previous poll, this time let’s talk about what is presumed to be the world’s oldest profession (I still contend hunters preceded prostitutes).

What is your position on prostitution?

Utopia: The Grand Oxymoron

Gary Nolan (and THE Scrappy Doo)
Gary Nolan (and THE Scrappy Doo)

The Associated press recently reported here that in Michigan, after a year of repealing their mandatory helmet law, motorcycle injury costs were on a significant rise. Since more riders are riding sans helmet, this makes sense. But is it a problem? I say yes and no.

As you may know, the Emergency Medical Treatment and Labor Act (EMTALA) which passed in 1996 prohibits a practice called patient dumping, thus requiring hospitals to treat critically ill or injured patients regardless of their ability to pay, or the reckless actions that may have put them in that situation.

Helmet Law Map
Helmet Law Map

EMTALA is a very good example of how one law often leads to another which is only justified by citing the first. We libertarians argue that the duty to protect our rights is the only duty of government. EMTALA gives the left a reason to use our own arguments against us by saying that we have to enact helmet laws to protect the public from having to pay for their reckless decisions, when if we didn’t have EMTALA in the first place, that wouldn’t be an issue.

Health care is part of the market place, but people often see hospitals as a public service like local police, fire, and rescue, then pass laws that treat them as such. Their argument being that if government has a duty to protect your life, then health care is, by extension, a right as well, and thus a role of government.

Why do I believe otherwise? Because government mandated health care means I have to pay for your poor choices; like doing drugs, over-eating, or riding a motorcycle without a helmet. Therefore, it violates my right to property to preserve your right to life. A conflict that only occurs if you choose the opinion of those pushing for health care as a publicly mandated service that must be provided to everyone. If it’s a private service available to those who can pay for it or those whom doctors choose to help pro-bono, the conflict is gone.

We feel it’s morally wrong to let someone die—I do to, to some extent. But it’s a moral issue, not a legal one. Just as I don’t want the government outlawing adultery, lying, or just generally being a jerk, I don’t want them outlawing the ability of a doctor to decide to help or not help someone who has done themselves harm—passing those costs on to me afterwards.

Health Care CostsWe all agree that when someone dies, it is sad, even tragic. But we also all know that no one gets out alive. Death is a natural and unchangeable part of life, at least for now. So if we understand we’re all going to die anyway, we cannot spend ourselves into oblivion trying to evade the inevitable.

When asked about the difference between libertarians and authoritarians, one of the distinctions I feel is often overlooked is that authoritarians are idealists, libertarians are realists. Authoritarians believe that government can create a Utopia if they just spend and regulate enough to rid the world of every immoral or dangerous act; creating a perfectly sterile and safe society. Libertarians see this as foolhardy and misguided goal.

While I generally abhor comparisons to Hitler; they’re so often hyperbole used for shock value, in this case it is somewhat appropriate here. Hitler also believe he could create a Utopia through ridding the world of all but the master race and by using advancements in genetic engineering. What he wanted to do violently and unethically, authoritarians aspire to achieve through legislation and regulation.

“The rich should all be like Bill Gates and Warren Buffett, giving their money away to charity and happily paying more taxes. If they don’t, we’ll legislate it away from them” is just a financial version of “People should all worship this particular god or be killed.” One is an infringement of property, one life, but our Constitution guarantees rights to both. So why tolerate the first if we wouldn’t dream of tolerating the second?

I don’t want a boring life without any danger, and I defy you to honestly tell me you’ve never done something reckless just for the thrill of it. But if we take the authoritarian mentality to its logical conclusion, all risky behavior will be illegal.

Casual BASE Jump
Casual BASE Jump

We ride motorcycles without a helmet (I alternated depending on my mood), jump out of airplanes, or engage in extreme sports because we enjoy the freedom and the excitement that comes from the inherent danger. Humans love pushing the envelope, and without it, we wouldn’t be happy. So doesn’t that defeat the point of a Utopia?

I’m sad for these people who got injured without helmets. I was wearing mine when I wrecked and despite my noggin surviving in tact, I still got a collapsed lung out of the deal. Maybe we should legislate a suit of armor for motorcycle riders, and training wheels while we’re at it? The last two of course seem silly, so why is the first not?

Risk is fun, but risk means there’s also a chance of harm. While death may be the downside of risk, no one wants to live in a world without it—we’d all effectually become drones.

So I say that Utopia is an oxymoron. It’s supposed to be a perfect world where everyone is happy, but human nature dictates that almost no one would actually be happy in a Utopia. So let’s always mourn the lost—I’m not arguing that death is good; but let’s champion the freedom that allowed them to live and die by their own accord instead.

Let them be jerks! Deregulating the Heinous.

Gary Nolan (and THE Scrappy Doo)
Gary Nolan (and THE Scrappy Doo)

Imagine you’ve just left your local mom and pop hardware store and mom or pop treated you like an idiot because you didn’t know the difference between a ball peen versus a claw hammer. It happens all the time, right? We get bad service everywhere these days, and that’s part of life. How do we react to it? We don’t frequent that store again unless we absolutely have to.

Dick's Last Resort. The only restaurant famous for being rude. It's their thing.
Dick’s Last Resort. The only restaurant famous for being rude. It’s their thing.

So what actually transpires in this example? You have, in effect, fired that particular store. They work for you for a fee to make a living, and you’ve decided that you no longer wish them to do so. We often consider the firing of an employee a bad or immoral act if the person has committed no crime, but is this hypocrisy? Many of the same people who make such criticisms are the same people who lambaste a company for bad service, vowing never to return, to their friends.

So I want to go out on a bit of a blue-sky limb here with a unique proposal. There should be no regulations in the marketplace unless they fall under two basic parameters:

  • Laws that protect a corporation from violating a persons rights: These would be regulations against practices like dumping toxic waste; stealing intellectual property, patents, etc.; or laws preventing practices that risk the lives of patrons and employees alike not disclosed at the outset. For instance, people who change light bulbs on radio towers or people taking sky-diving lessons are certainly at risk, but they knew that before they agreed to do business together, not afterwards.
  • Laws that preserve competitive capitalism. Regulations such as anti-collusion and antitrust laws that ensure the marketplace remains competitive.

At first, this seems innocent enough, but when I outline what this potentially entails, you may think senility has overcome me. However, hear me out before you dismiss this off the cuff.

Laws that prevent discrimination, harassment, or any other behaviors commonly considered immoral may seem like the right thing to do, but as with any such laws they have unintended consequences.

One issue is that they mask a business owner’s true character, which may be one that you might avoid if they were allowed to be themselves. In doing so, we are affording a person you wouldn’t dream of doing business with greater success than they would get otherwise.

One look at the train wreck known as Amy’s Baking Company and their ensuing media meltdown after Gordon Ramsay had to walk away for the first time in the 100-episode history of Kitchen Nightmares is all it takes to see what free press, word of mouth, and social media can do to right a wronged marketplace of bottom feeders like this couple, and it’s happening without government intervention.

Imagine the New Black Panthers wanted to open up a “African-American Only” restaurant. Obviously I would not be allowed in, but would I want to? Even if the food is great, if the owners and customers are vehemently racist and really don’t like white people, then so be it. I think it’s morally wrong, but the government’s duty isn’t to legislate morality, it’s there to protect my rights—period. I’ll take my business elsewhere just like anyone else who would find this practice offensive.

Just as I never liked Augusta National‘s outdated racist/sexist policies of old, I never felt it was anyone’s right to dictate to them otherwise at the point of a gun, which is ultimately what government regulations are if taken to their ultimate conclusion.

But look what happened with Augusta. The press and people chastised them for being this way, and they eventually got sick of being hated by those of us who actually have a moral compass, and softened their stance accordingly. But to this day, and I know to some this is sacrilege, but if offered a once-in-a-lifetime chance of playing Augusta or TPC Sawgrass Stadium Course, I choose the latter without batting an eye—I doubt Augusta cares though. Freedom dictates Augusta and Sawgrass both be allowed to exist as they wish and fight for market share without government getting involved.

TPC Sawgrass 17th Hole
TPC Sawgrass 17th Hole

Going back to Amy’s Baking Company, it was revealed during the show that the owner was not paying his servers the tips they had earned. He was pocketing it himself because he said he was doing much of the work, which was clearly debatable. To Gordon Ramsay’s credit, he announced this to the restaurant, and patrons were none too pleased. At this point, I have little doubt that many of them, as well as the employees and potential future employees and patrons, will never return to this little fascist bistro.

But what if there were laws preventing this? (Actually, I suspect that maybe there are and they just aren’t complying)

Why let the government hide an entrepreneur’s true nature just because it feels right? I want to know what kind of person I’m doing business with, and these morality laws hide that; making me an uninformed consumer in the process. If that business owner hates me because of my race, sex, or religious philosophy, I don’t want to do business with them. So I want them  free to show me who they really are so that I may choose to stay or go.

People often lose sight of what a business is—an investment property owned by an entrepreneur. Just as you wouldn’t want the government prohibiting you from enjoying a stogie in your car, the government shouldn’t be dictating whether the owner of a business can allow people to smoke there. If it were a restaurant and you liked the food, but not the smoke, you can carry out, eat outside, or find another restaurant. You can also suggest to the owner that you may not patron their establishment so long as they allow people to smoke, and let them decide how they wish to proceed. But you, and by virtue of the phrase, “We The People,” the government, have no right dictating to a business owner how they should run their business.US Constitution

So when it comes to business, let them be the jerks that they are, then let the market sort it out accordingly.

 

Let’s not play Monopoly!

Gary Nolan (and THE Scrappy Doo)
Gary Nolan (and THE Scrappy Doo)

Most people know that monopolies are illegal, but not everyone understands the history of antitrust and collusion laws or why they exist at all.

As a libertarian, I basically support free market capitalism and laissez-faire, but why do we libertarians and other liberty minded people support this? Because free people who run free enterprise are free to innovate and this innovation brings us a superior product. Competition among innovators also drives down the price as they seek to gain market-share. It’s why you can get a miracle of modern technology like the iPhone or Droid for a mere pittance—with a 2-year contract anyway.

U.S. Steel - Youngstown Ohio
U.S. Steel – Youngstown Ohio

But if we look at the history of monopolies here in America, Standard Oil and U.S. Steel were the most popular in our history, and what transpired was not good. Thus making the case for some semblance of government oversight.

I am often berated by anarchist-like libertarians for championing even the most minor government regulations in our marketplace, ensuring they compete and that they don’t violate our rights, but these people are ignoring historical evidence to promote an ideal I agree with, yet know doesn’t work if left unchecked. History has already proven it. Just because none of us were alive during that era, doesn’t mean we don’t have the documentation to know what happened when we had market-anarchy.

Standard Oil Common Stock
Standard Oil Common Stock

Prior to antitrust and collusion regulations, the quality of goods from these trusts was poor, the working conditions were so atrocious that workplace deaths and injuries were quite common, and the cost of what came off the production lines wasn’t cheap. Why would it be? If you’re the only game in town, providing a quality product, safe work environment, and competitive pricing and wages, simply aren’t needed. Just as absolute power in government corrupts, absolute power in business corrupts too. The moment a business owner needn’t fear people buying from his/her competitor because no competitor exists, corruption can, and likely will, be born.

Anarchists argue that if workers don’t like it, they can go work somewhere else. But where do you propose people go work? The very definition of a monopoly is that it’s the only business in an industry. Thus, there is nowhere else to work. If an enterprising person attempts to go into business for themselves, they’re either forced to sell to the monopoly, or crushed by it if they don’t. These are not wild conspiracy theories I’m floating, it’s historically documented evidence.

The design of free-market capitalism, is not dissimilar to socialism or anarchy. In a perfect world, they would work as intended and yield the desired positive result. History has proven however, that they also have the same flaw. There will always be sociopaths among us who don’t have the power of empathy or value the benefits of being societal. The only decent way mankind has ever dealt with these people is via rule of law. Such people have no qualms about taking advantage of others and doing them harm for personal gain. Our Constitution is designed to prevent these people from corrupting our government, and competition should prevent them from corrupting our markets. So ensuring competition is vital to our society, our rights, and our economy.

Andrew Carnegie, Cornelius Vanderbilt, John D Rockefeller
Andrew Carnegie, Cornelius Vanderbilt, John D Rockefeller

John D. Rockefeller, J.P. Morgan, and Andrew Carnegie proved that there’s a point at which if you do something right, you can control an industry to such an extent that no one else can compete. These men were likely decent people who considered themselves altruistic and good, but the unfettered power they eventually wielded corrupted them in such a way that they became consumed with winning and had little issue engaging in immoral practices to accomplish this goal.

So aside from protecting our rights to life, liberty, and property, in my opinion, government should justly be ensuring our markets stay competitive and uncorrupted.

So now that we understand, and hopefully agree with regulations preventing monopolies, I’d like to point something out:

Government is a monopoly!

The federal government competes with no one. State and local governments may seem to compete with each other, but if you live in Ohio and don’t like the service the Ohio government provides you, you can’t choose to do business with the Virginia government unless you move to Virginia. It’s quasi-competition at best where states compete to lure residents and businesses, but it’s certainly nothing like Apple versus Microsoft or Ford versus Chevrolet.

So when people like me beg and plead voters to elect more libertarian-like officials, it’s because we know that they’re the only politicians who intend to rebuke and regulate away power bestowed to their predecessors once they inherit it. In doing so, lowering the possibility of corruption, because the smaller government is, the less opportunity for corruption to occur. In the face of the IRS, Benghazi, and press scandals committed against the AP and Fox News, I sincerely hope you understand why we libertarians have been right all along, and are starting to feel vindicated for making these arguments so many seem to laugh away not long ago.

Do you remember Barack Obama making this commencement address speech at my beloved Ohio State University about a month ago?

The irony of this speech that occurred as all three conspiracies started to break into the mainstream media is chilling. It is exactly why we must only trust a politician who tells us not to trust him/her, not to grant them authority, and not to give up your freedom to their ideas of how we should be ruled.

“Experience has shown, that even under the best forms of government those entrusted with power have, in time, and by slow operations, perverted it into tyranny.”
― Thomas Jefferson