(NOTE: This overly long explication may be skipped without significantly affecting the debate. I’ve attempted to answer a question posed rather casually a while ago by Libertarian. While it is germaine to the general topic of libertarianism, it is not directly related to the OP and is tangential to the main debate, which has now wandered into various far fields.)
OK. This post is in response to Lib’s question: “Presume you have been commissioned to change one, and only one, thing about the U.S. law or government that would conform it to the Noncoercion Principle. What would it be?”
I’ve spent a few days thinking about my answer, because the question neatly presents the ethical delimma of applying libertarian philosophy to our existing social and political structures. Since our system of government does not recognize non-coercion (the avoidance of “initiated force”) as its guiding principle, attempting to change only one aspect of the system in accordance with that principle could, through unintended consequences, lead to more widespread coercions of peaceful, honest people. In order to best control or limit these unintended consequences, one must take care to evaluate all known causative links between the process, structure or restriction one is modifying, instituting or removing and conditions within the societal context in which the process, structure or restriction exists. Even if this is done perfectly, unforeseen harm could occur to peaceful honest people due to the complex interrelations of a large society.*****
So I decided that, being as I’m absolutely sure I won’t adequately explore ALL of the possible ramifications of any change I make, and I only have one shot in this hypothetical situation, I should endeavor either to perform the greatest good with my one thing or cause the least harm. And since this is merely a hypothetical, I elected to be ambitious with my one shot power and go for the greatest good scenario.
Any “greatest good” action should either rectify a great wrong or deliver a great benefit to society. I asked myself, therefore, what aspects of our government are the most coercive of peaceful honest people. Which elements of the judicial, legislative or executive branches of our government tend to cause the most restrictions of rights, the most misuse of tax revenues or public assets, the most interference with business, the most abuses of public trust? (Remember, we’re still within the context of present day USA, not Libertaria.)
Consideration # 1: Drug Wars. Although it was certainly tempting to go after a particular chunk of the DoJ, I felt the “war on drugs”, although an unmitigated and expensive failure in terms of its affect on the drug trade in this country, arguably reflects a prevailing desire within society to do something about the problems of addiction and abuse. Drug laws may be badly written, and they are certainly in violation of the non-coercion principle, but they are part of the more basic problem I want to tackle.
Consideration # 2: Asset forfeiture. Likewise, I was tempted to go with the same modification of asset forfeiture laws that Lib suggested earlier in the thread. These, I think, certainly violate both the non-coercion principle and the spirit of the US Constitution. However, I again see these laws as symptomatic of a basic problem.
Consideration # 3: Campaign finance reform. Unfortunately, any reforms I think would actually be effective here would also violate the principle. Damn.
Consideration # 4: The legislative process. Ah, now we get to the root of many problems. This is where our government decides how to spend our money on pork projects, how to legislate our morality, and how to please the rich and powerful. This is where appointed officials are confirmed, where the great questions of society are misapprehended and where sweeping [in]actions are decided by committee. If there is a major culprit in the mass coercion of Americans, this is the branch of the government in which to look. Sure, the Executive branch has impressive powers to inflict damage unilaterally, but the Legislative branch has the volume and staying power. Here’s where the “great wrong” is that my one thing should try and address!
I was so certain of my dissatisfaction with the legislators themselves that I immediately started thinking of ways to improve the competencies and integrity of the people elected into the HoR and Senate. However, I kept leading myself back to Consideration # 3, and running into the non-coercion roadblock. I also began to consider that the average level of competence (as gauged by education and knowledge of government and law) and commitment (awarded purely by benefit of the doubt) of Representatives and Senators is already far greater than average within the populace. Where, then (I asked myself) is the cause of poor legislation? The first two considerations after all show how good people with good intentions and the best information available can pass horribly inefficient or downright abusive laws.
I decided one cause could be poor focus, or extremely limited focus on the intended consequences of the proposed legislation with poor attention payed to the unintended consequences. I thought another cause could be failure to align the intentions of the legislation with a specific overall strategy. A third cause, I felt, could be a far too prevalent necessity to compromise between opposing ideologies. This left me with the task of finding a way to limit the effects of poor focus, poor strategic alignment and ideological nullification.
Congress already has access to expert testimony, already has the power to commission studies, and is already organized into multi-partisan committees. I became convinced that organizational changes and expanded investigative abilities aren’t going to help here. In desperation, I began to shift my attention away from the process and towards the finished product. Here are two examples of recently passed laws, to illustrate the structure and language used. Please notice that, language had been used in the text of each law to justify the need for the law and the underlying reasoning involved in support of the law. Far less effort is taken to describe the mechanism by which the law intends to produce the desired effect(s), and no process is suggested by which the efficacy of the law may be measured. I decided to change that.
My “One Thing” Proposal
I want a constitutional amendment requiring that all laws passed by Congress meet the following criteria:[ul][li]They must clearly state the intended consequences, and show how these are aligned with the objectives stated in the US Constitution, Section 8[]They must describe in detail the expected mechanism by which the intended consequences will be produced[]They must provide a means of consequential measurement[]If the law is a proactive or ameliorative measure (intended to produce a positive effect or effects), two year, five year and ten year targets must be specified[]If the law is a preventive measure (intended to reduce or prevent undesireable conditions), two year, five year and ten year assessment goals must be provided[/ul]In addition, the amendment will require that all new laws passed subsequent to the date of the amendment be subject to automatic repeal on their two year, five year and ten year anniversaries unless it can be shown that the targeted objectives of the law have been realized to a significant degree, as measured by the method written into the law. Also, every law must be subject to Congressional review at a minimum period of twenty years. This will require a Senate review committee which will look at existing laws on a 20 yr rotation and make recommendations for repeal or amendment based on their effectiveness.[/li]
This amendment should at minimum provide for the automatic repeal of “feel good” laws that are essentially meaningless, and for the repeal of ineffective or counterproductive laws. It should discourage the drafting of superfluous or poorly conceived legislation. It should encourage a major effort to reduce the raw number of federal laws. And it should work to minimize unintended consequences simply by requiring better debate and examination of the applicability of proposed legislation.
So Lib, I hope you find my answer helpful to this debate. I realize your question was loaded in some manner, and that you wanted a quicker response, but I’ve learned to be very careful in my responses to you!
xeno
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*****If this debate continues I want to expand on the applicability problem; I see similar problems even within a societal context of pure libertarianism — which is, of course, the specific bone of contention between we statists and Lib…