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Posts from 2010

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Happy Sunday, y’all! As you may know, in the U.S. it’s Father’s Day today. Remember: necktie fashions come and go, but Shamelessness is forever.

So what have you been up to this week? Write anything? Leave a link and a short description for your post in the comments. Or fire away about anything else you might want to talk about.

Ridiculous Strawman Watch (Part 4 of ???)

It’s R.S.W. time again, which puts me in a bit of a quandary. Not about who to recognize in the Watch: Bruce Bartlett’s recent column on libertarianism and Jim Crow obviously deserves a place in the R.S.W. far more than any lesser imitator. But Bartlett’s post does raise a very serious problem: the problem of how I’m supposed to decide which pull-quote from the post actually represents the most ridiculous Ridiculous Strawman that Bartlett has to offer?

Is it Ridiculous Strawman A (of the free market):

The Court’s philosophy in these cases led logically to Plessy v. Ferguson in 1896, which essentially gave constitutional protection to legal segregation enforced by state and local governments throughout the U.S.

As we know from history, the free market did not lead to a breakdown of segregation.[1]

Or is it Ridiculous Strawman B (of the libertarian philosophy and freedom):

In short, the libertarian philosophy of Rand Paul and the Supreme Court of the 1880s and 1890s [?! sic — Ed.] gave us almost 100 years of segregation, white supremacy, lynchings, chain gangs, the KKK, and discrimination of African Americans for no other reason except their skin color. … Thus we have a perfect test of the libertarian philosophy and an indisputable conclusion: it didn’t work. Freedom did not lead to a decline in racism; it only got worse.

Long-time readers may remember that Bartlett was already named as an R.S.W. laureate a little more than a year ago (in which he decided that the problem with American libertarians is that they never talk about interventionist foreign policy or the War on Drugs). But such a man of action is not content to rest on his laurels, and he has certainly outdone himself this year.

As usual, of course, I have little interest in defending a weaselly conservative statist like Rand Paul; and none at all in defending the Supreme Court of the 1880s and 1890s. But I do have some passing familiarity with the libertarian philosophy, and with the meaning of the term free market; and I think that if you consider almost a century of legal segregation enforced by state and local governments to be the right setting for a historical on free market outcomes; or looking at what happened under politically-enforced white supremacy, lynchings, chain gangs and the KKK to be a perfect test of the libertarian philosophy — apparently on the notion that libertarian anti-statism is identical with a doctrine of unlimited States Rights, and the free market is identical with the market outcomes that you get when pervasive racism and segregation are explicitly required by an extensive system of government economic regulation — well, then, you, sir, are eminently qualified for the R.S.W.

See also:

  1. [1]Of course, to be fair to Bartlett here, it is true that the free market did not lead to a breakdown of segregation in the American South. Neither did a Communist invasion of the United States, or a visitation by space aliens. Guess what all of these things have in common? —R.G.

In a freed market, with no government anti-discrimination laws, what will stop bigoted business owners from resegregating America?

A. We will.

Context-Keeping and Community Organizing. Cato Unbound (2010-06-18):

David Bernstein makes the strongest libertarian case I can imagine for Title II of the Civil Rights Act of 1964. His key point—which I fully embrace—is that the Southern states operated the equivalent of a "white supremacist cartel" in public accommodations….

But as Sheldon ultimately argues, there’s more than one way to break a cartel, and starting out with the notion that the *only* options are one kind of federal law or another kind of federal law, is simply to beg the question. We can't dismiss [direct action by nonviolent social movements] as impractical because it had been working several years before Title II was enacted. … Title II, in other words, was unnecessary. But worse, it was detrimental…. [W]hat is given like a gift can be more easily taken away, while what one secures for oneself by facing down power is less easily lost. … The libertarian answer to bigotry is community organizing.

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