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Posts published during July, 2010

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7:54 AM

Libertarian Indulgences

Following up from yesterday’s ruminations on the Libertarian fantasies of Rand Paul being nothing more than his own self-indulgence, a glorified Federalist scam with no regard for its own consequences, comes the proverbial icing on the cake.

In an upcoming issue of Detail magazine, Rand Paul is profiled. It starts off rather innocuously, with a bit of context-less ideology:

Less familiar, however, is the treatment Dr. Paul is prescribing. The federal government he envisions is a parched, skeletal—even dismembered—one: “A government that works under the enumerated powers of the Constitution,” he explains. “A government that balances its budget every year, whose primary function is national defense and the judiciary and the legislative branches, and regulating interstate commerce only so much to keep open borders between the states.” Details

At first, it is easy to imagine the lure of such a starved, stymied Federal Government, especially for our modern American conservatives (particularly those that gush over former half-term Governor Sarah Palin’s context-less ideological ramblings on her Facebook wall). But the stark consequences of such ideological fervency become clear the moment Paul ventures into what I’ll call private territory, that is, any issue regarding private property where a Libertarian imagines government is intruding on personal freedoms. The billboard-ready topic that Paul has already nationally and publicly embarrassed himself over in this category is his lamentable stance on the Civil Rights Act, which was flushed out after an interview with Rachel Maddow that I’m sure Paul will never forget. Paul has since backtracked, flip-flopped, and flat out abandoned his previously espoused view that a business owner’s freedoms to discriminate against anyone they so choose, as guaranteed by the Constitution and Bill of Rights (which, mind you, was written by white, elite, slave-owners), was infringed upon by the Civil Rights Act.

But that is old news. And really isn’t a relevant topic for political discourse as the racist-businessman-constituency isn’t raising this as an issue. Paul just indulges himself with these ideologically driven fantasies.

An topic like regulations on the coal industry and their practices, however, is very much an issue especially in Paul’s state of Kentucky. More specifically, mountain-top-removal mining will act as daylight in exposing the dark truth about when Libertarian zealots get taken seriously. Paul, in his own words, explains how he absolutely does not give a shit about consequences when it comes to guaranteeing total individual autonomy in private territory, even when those consequences are the irreversible environmental destruction that always comes with mountain-top-removal mining:

“I think they should name it something better,” he says. “The top ends up flatter, but we’re not talking about Mount Everest. We’re talking about these little knobby hills that are everywhere out here. And I’ve seen the reclaimed lands. One of them is 800 acres, with a sports complex on it, elk roaming, covered in grass.” Most people, he continues, “would say the land is of enhanced value, because now you can build on it.”"Let’s let you decide what to do with your land,” he says. “Really, it’s a private-property issue.” This is a gentler, more academic variation on a line he used the evening before, during his speech at the Harlan Center: “If you don’t live here, it’s none of your business.” Details

Even taking Paul’s logic at face value, his assertion that environmental regulation and regulation of industry is nothing more than a “private-property issue” conveniently ignores other property owners that unavoidably bear the consequences of mountain-top-removal mining. The pollution, run-off, carbon release, filling of valleys, disruption of scenic beauty, and destruction of sensitive habitats are all consequences that transcend political boundaries and property lines.

Paul, by making this about property-owner’s interests, is setting himself up to be caught in a lie. He is attempting to write mountain-top removal mining off as something that the locals don’t care about, nay, as something the locals actually want. He is deliberately framing this as an issue that was manufactured by distant elites and government bureaucrats, but the truth is that local populations are historically in conflict with the rampant desires of the coal industry. Any issue-ness or non-issueness of mountaintop removal mining is anything but revolving around the right of property owners to do whatever the hell they please because of a piece of paper labeled “Deed”.

For some context as to just how maligned Paul’s stance is, his statements included above were made in Harlan County, Kentucky:

Harlan County, Kentucky…is famous…for its violent coal battles. Nicknamed Bloody Harlan, and the subject of countless folk ballads (including “Which Side Are You On?”) and several books and movies (the Oscar-winning 1976 documentary Harlan County USA and the 2000 film Harlan County War, starring Holly Hunter), the county was the site of some of the most explosive labor battles of the early 20th century. The bloodiest clashes occurred in 1931, when miners, working 12-to-16-hour days without any safety or wage regulations, tried to unionize. Beatings, shootings, bombings, and tear-gas attacks followed, much of the violence perpetrated by the local sheriff’s department, which was controlled by the coal companies. Eventually, after four people died in one gun battle, federal troops were brought in to keep the peace. Bloody Harlan has been cited as a major reason for the passage of the National Labor Relations Act of 1935, which gave the federal government the power to regulate labor contracts and is anathema to everything Rand Paul stands for. Details

Seems like the locals care about things other than unabridged property-rights. The problem is that the locals aren’t going to be wielding a vote in the Senate come November. They’ll continue to have war waged upon them by the powerful coal industry, with the help of ideologues like Rand Paul. But remember, politics isn’t about people or policy, its about philosophy.

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1:29 PM

The Reform Administration

Today was the first time in 4 decades that a mandatory minimum sentencing law was repealed. That repeal came along with a reform of the 100-to-1 powder cocaine to crack cocaine sentencing disparity that has been the target of drug reform advocates for years. This same disparity and mandatory minimum sentencing is what has landed countless poor, crack-addicted, urban minorities (mostly blacks) in jail – and was also touted by Reagan Revolutionaries as a major victory in the war against drugs. Turn that ideological clock forward 20 years and you’d find a policy with no discernible societal benefits that is reformed and repealed by a bipartisan majority in Congress.

The bill also eliminates the five-year mandatory minimum for first-time possession of crack, the first time since the Nixon administration that Congress has repealed a mandatory minimum sentence.

“For Congress to take a step toward saying ‘we have made a mistake’ and this sentence is too severe … is really remarkable,” said Virginia Sloan, president of the Constitution Project, which in studies of sentencing practices has referred to crack cocaine mandates as a “‘poster child’ for the injustices of mandatory sentencing.” (TPM 7/28)

So just to recap for everyone trying to pay attention at home, this administration has now embarked upon enacting major reform legislation in health care, Wall St/banking, student loan industry, and the war on drugs.

For some this must come as a surprise when the Republicans are still trumpeting their own non-existent records of reform as proof that Obama is ruining America. I’m of the persuasion that leading up to November, the Democrat’s main prerogative will be to force Republicans to espouse their policy preferences, and in doing so, to force debate over Obama/the Democrats record in the last 2 years and the Republican’s record over the last 10 years. Some say that this tactic will amount to nothing more than blaming Bush for all of America’s problems. But to the contrary, it will implicate Congressional Republicans as being complicit in poor governance under Bush and then expose their utter lack of serious policy initiatives in this most recent Congress.

One caveat though, and this one is quite significant. Smart Republicans should run against Obama’s actions in Afghanistan. In tight races, especially those with Democratic incumbents, a skillful Republican could co-opt a large portion of an otherwise dis-affected democratic base by positioning themselves as against reckless spending in foreign wars of occupation. It would tie perfectly into a traditional conservative platform of responsible governance, while simultaneously rejecting the inflammatory Islamo-phobia recently espoused by the likes of Newt Gingrich and Sarah Palin. The real question though, is can a Republican in the year 2010 oppose the escalation of the war in Afghanistan while not indulging themselves in the trite Libertarian focus on Federalism like that of the Pauls (Rand and Ron)?

In an era of fanciful bipartisan idolatry, this decade-long war in Afghanistan would provide a basis for a powerful foreign policy-oriented voting bloc in Congress. So far however, none have been so bold.

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3:22 PM

First Amendment Fun

(Fuck the Parents Television Council)

A Federal court decided today the FCC has no constitutional authority to abrogate the First Amendment in its pursuit of damages for “indecent” language aired during live broadcasts.

Frankly, this doesn’t mean a thing to the FCC. Why should they spend their time policing the language uttered on TV when so quickly the issues of the 20th century are being obviated by the internet?

But it does deal a large blow to the Parents Television Council, whose cause celebre has been to champion the role of FCC gadfly – being the main source of complaints for the FCC.

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6:44 PM

Invoice # 4 (attn: BP)

A little while back the talk of the town was a little thing called the liability cap, a legally enshrined maximum amount an (oil) company could forced to pay to the government in the event of a catastrophic oil spill or other environmental disaster. Every news outlet buzzed about what Congress should do; Congress boiled with debate. All over the issue of whether or not it was conscionable to augment the arbitrary decision to limit liability for environmental catastrophes to 75 million dollars.

Today however, the news is that the White House is officially collecting the 4th of many payments from BP, sending a bill for $99.7 million to BP, Transocean, Anadarko and MOEX.

Remember, wary traveler, BP voluntarily acquiesced in deciding to pay any and all costs of the spill. Our government had no legal framework upon which they could compel BP to do so. BP chose to own up.

Powers of coercion have quite the heavy burden when they are trusted to an entity larger than ourselves, but then again, the weight of the crude pressing upon the surface of our shores and floating in stasis in our waters bears its own unique burden. Why does that burden become coupled with political theater the second it reaches the Congress?

From a short excerpt by Environmental Leader, word is that the green building market is growing – and not just growing, but expected to nearly triple by 2015.

(…cue climate change conspiracy outrage)