[Vision2020] Is Budge is true libertarian?

[David M. Budge]

Nick Gier wrote:

"When Dave states that we must decide basic issues of human rights by a 
democratic vote, he has left, as far as I'm concerned, the libertarian 
fold."

Nick,

 I did not say that we "must" decide basic issues of human rights by 
democratic vote.  I implied, and I'll say it now, that it is preferable 
to do just that.  I said "Preferably the law should be changed by 
democratic process.  In other words, the day will likely come when a law 
that you favor and is mandated by majority representation will be 
overturned by judicial fiat.  This is the wrong way to run a democracy 
or a republic.."

So, let's say that Mill is correct and we need "to protect even a 
minority of one."  Are there no moral constraints on that "one's" 
behavior?  Is there no vote on morality that is subject to majority opinion?

As to your questioning my "libertarianism" - As you have taken liberties 
with my words or at least taken a superficial reading of them (perhaps 
caused by 31 years of staring at the sophistry of youth) I protest.  As 
a libertarian I am clearly inside a very small minority of Americans.  
Hence, as opposed to being an ideologue I take the pragmatic approach of 
incrementalism.  That, to which, I also fear the effects of judicial 
activism insomuch as they have great potential to deny liberty as much 
as develop it. 

Frankly, I care not about animal sodomy, bigamy, or adult incest. But I 
also understand that efficacy of governance is largely predicated on 
consensus of the governed.  So I'll remove your words from my mouth so I 
can re-insert my foot and instruct you to my underlying tenet that 
since, in our form of government, the legislature is ultimately supreme, 
one has to fear the unintended consequences of judicial decree on future 
legislation that will constitutionally deny liberty.  I see nothing 
inconsistent in that from a pragmatic standpoint. The luxury of pure 
ideology is only afforded to the ineffectual. 

Perhaps I'm not as libertarian as you would have me.  I am, however, on 
the same side of liberty I think.

db




> Greetings:
>
> As I have noted before, I've generally been impressed with David 
> Budge's intellectual acumen and what at first appeared to be a 
> consistent libertarian position, as opposed to some phony Christian 
> libertarians that we know so well.
>
> John Stuart Mill's On Liberty has been a classic resource for 
> contemporary libertarians, and one of the most important points that 
> Mill makes in his defense of liberty is the protection of minorities.  
> I believe this is a direct quote: "Even a minority of one must be 
> protected."  (This is the reason why we need the ACLU.) When Dave 
> states that we must decide basic issues of human rights by a 
> democratic vote, he has left, as far as I'm concerned, the libertarian 
> fold.  We have a judicial system primarily because we don't want a 
> majority of people in Mississippi tell its citizens that segregation 
> is OK because that is how they've always done it.
>
> As I have argued elsewhere, in a true libertarian society the role of 
> government would contract significantly, but the court system would 
> expand not contract.  For example, the libertarian solution to 
> pollution is not a clumsy EPA but class action suits against 
> polluters.  The libertarian solution against unsafe planes is not the 
> FAA but class action suits against unsafe carriers.  The libertarian 
> argument is that this is a far more effective way to irresponsible 
> businesses.
>
> After teaching undergraduates for 31 years and learning how poorly 
> they understand basic rights such as equality of opportunity and 
> liberty to do what one wants within a minimal legal framework, I do 
> not want my fellow Americans voting on these basic rights.  They are 
> not negotiable and our courts are there to protect our inalienable 
> rights.  That's why I'm so fearful of the current administration 
> packing the court system with real activist judges.
>
> Yours for liberty, equality, and community,
>
> Nick Gier, Classical Liberal
>
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