David Boaz

From Cato University 2017: College of History and Philosophy

The Washington Post sums up the situation:

It was a party scarred by the madness, cruelty and famine that one man had prompted through disastrous policies….

Senior officials lined up, one after the other, to laud what they described as [the leader’s] profound, courageous, thrilling, insightful masterpiece of a speech….

And the drumbeat of propaganda about loyalty to his leadership — combined with the constant threat of an unforgiving … campaign that has taken down several powerful rivals — makes it more difficult for anyone who dares challenge him….

[His] message promotes a nationalist, assertive [country] with a much stronger military — a country that he says will not threaten the world but will resolutely defend its interests.

If you are uncertain about which country and which leader, click here.

Today is the 250th anniversary of the birth of Benjamin Constant, a prominent French liberal in the postrevolutionary era, whom Isaiah Berlin called “the most eloquent of all defenders of freedom and privacy.” He is perhaps best known in our time as the author of an essay – actually a speech in 1833 – called “The Liberty of the Ancients Compared with That of the Moderns.” He argued that the ancient concept of liberty as political participation was not suited to modern society, in which people were busy with the production of wealth. Modern people want autonomy, the freedom to live their lives as they choose, more than full-time participation in politics. The essay was enormously influential in the development of Continental liberalism, and in the past few decades has become better known in the English-speaking world thanks to the influence of Berlin. Constant began his speech this way: 

First ask yourselves, Gentlemen, what an Englishman, a Frenchman, and a citizen of the United States of America understand today by the word “liberty.”

For each of them it is the right to be subjected only to the laws, and to be neither arrested, detained, put to death or maltreated in any way by the arbitrary will of one or more individuals. It is the right of everyone to express their opinion, choose a profession and practice it, to dispose of property, and even to abuse it; to come and go without permission, and without having to account for their motives or undertakings.

It is everyone’s right to associate with other individuals, either to discuss their interests, or to profess the religion which they and their associates prefer, or even simply to occupy their days or hours in a way which is most compatible with their inclinations or whims.

Finally it is everyone’s right to exercise some influence on the administration of the government, either by electing all or particular officials, or through representations, petitions, demands to which the authorities are more or less compelled to pay heed. 

By contrast, he said, the liberty of the ancients, meaning Greece and Rome,

consisted in exercising collectively, but directly, several parts of the complete sovereignty; in deliberating, in the public square, over war and peace; in forming alliances with foreign governments; in voting laws, in pronouncing judgements; in examining the accounts, the acts, the stewardship of the magistrates; in calling them to appear in front of the assembled people, in accusing, condemning or absolving them. But if this was what the ancients called liberty, they admitted as compatible with this collective freedom the complete subjection of the individual to the authority of the community. You find among them almost none of the enjoyments which we have just seen form part of the liberty of the moderns. All private actions were submitted to a severe surveillance. No importance was given to individual independence, neither in relation to opinions, nor to labour, nor, above all, to religion. The right to choose one’s own religious affiliation, a right which we regard as one of the most precious, would have seemed to the ancients a crime and a sacrilege. In the domains which seem to us the most useful, the authority of the social body interposed itself and obstructed the will of individuals.

He noted three reasons for the difference: First, that the ancient republics were small enough for individuals to feel influential in public discussions; second, that commerce, the principal activity of moderns, doesn’t leave long periods of idleness as war did; third, that commerce inspires a love of individual independence; and fourth, that in the ancient republics “slaves took care of most of the work. Without the slave population of Athens, 20,000 Athenians could never have spent every day at the public square in discussions.”

He concluded by exhorting his audience to insist that modern governments respect modern liberty and leave individuals free to make their own decisions:

The danger of ancient liberty was that men, exclusively concerned with securing their share of social power, might attach too little value to individual rights and enjoyments.

The danger of modern liberty is that, absorbed in the enjoyment of our private independence, and in the pursuit of our particular interests, we should surrender our right to share in political power too easily.

The holders of authority are only too anxious to encourage us to do so. They are so ready to spare us all sort of troubles, except those of obeying and paying! They will say to us: what, in the end, is the aim of your efforts, the motive of your labours, the object of all your hopes? Is it not happiness? Well, leave this happiness to us and we shall give it to you. No, Sirs, we must not leave it to them. No matter how touching such a tender commitment may be, let us ask the authorities to keep within their limits. Let them confine themselves to being just. We shall assume the responsibility of being happy for ourselves.

Read more of the essay in The Libertarian Reader. Learn more about Constant at the Online Library of Liberty.

Sen. Jeff Flake (R-Arizona) has announced that he will not run for reelection. He announced his decision on the Senate floor in a searing speech about the state of our political culture, especially at the hands of President Trump:

It is time for our complicity and our accommodation of the unacceptable to end.

 

In this century, a new phrase has entered the language to describe the accommodation of a new and undesirable order – that phrase being “the new normal.” But we must never adjust to the present coarseness of our national dialogue – with the tone set at the top.

 

We must never regard as “normal” the regular and casual undermining of our democratic norms and ideals. We must never meekly accept the daily sundering of our country - the personal attacks, the threats against principles, freedoms, and institutions, the flagrant disregard for truth or decency, the reckless provocations, most often for the pettiest and most personal reasons, reasons having nothing whatsoever to do with the fortunes of the people that we have all been elected to serve. 

It is clear at this moment that a traditional conservative who believes in limited government and free markets, who is devoted to free trade, and who is pro-immigration, has a narrower and narrower path to nomination in the Republican party – the party that for so long has defined itself by belief in those things. It is also clear to me for the moment we have given in or given up on those core principles in favor of the more viscerally satisfying anger and resentment. To be clear, the anger and resentment that the people feel at the royal mess we have created are justified. But anger and resentment are not a governing philosophy.

President Trump is about to decide whether to raise the price of solar energy, based on an economic theory refuted in 1845.

In response to a formal complaint, the U.S. International Trade Commission ruled this month that imported solar cells are putting too much competitive pressure on domestic cell producers. The commission will now examine what remedy would be appropriate, and then it will be up to the Trump administration to decide whether to take action. The likely remedy would be to impose tariffs on imported solar cells, thus protecting U.S. cell manufacturers and raising prices for consumers.

The solar industry is already receiving this sort of protection. In 2014, in response to a complaint by U.S. manufacturers, the Commerce Department imposed tariffs of up to 78.42 percent on imports of solar panels made in China, increasing the price for any U.S. consumer purchasing the panels. But that wasn’t enough for the U.S. companies filing this year’s complaint relating to the cells that make up the panels.

This attempt to raise the price of using sunlight for energy reminds me of one of the most famous documents in the history of free trade. In 1845, the French economist Frederic Bastiat wrote “The Candlemakers’ Petition,” in which he imagined the makers of candles and street lamps petitioning the French parliament for protection from a most dastardly foreign competitor:

Let’s hope that this time President Trump stands up for American consumers and workers and tells the uncompetitive solar panel manufacturers to go build a better mousetrap.

“We are suffering from the ruinous competition of a rival who apparently works under conditions so far superior to our own for the production of light that he is flooding the domestic market with it at an incredibly low price [ …] This rival … is none other than the sun.”

After all, Bastiat’s imaginary petitioners noted, how can the makers of candles and lanterns compete with a light source that is totally free?

Thank goodness we wouldn’t fall for such nonsense today—or would we? Solar manufacturers are asking for pretty much the same thing: protection from a cheaper competitor.

Perhaps the comparison is unfair. After all, the solar manufacturers haven’t been asking for protection from the sun, only from foreign companies.

What’s the difference, though? Any source that supplies solar panels to American consumers and businesses is a competitor of the American industry. And any source that can deliver any product cheaper than American companies is a tough competitor. Domestic producers will no doubt gain by imposing a tariff on their Chinese competitors, but American companies that install solar power will lose, by having to pay higher prices for panels.

Indeed, as is often in the case in trade matters, not all the companies in the industry are in agreement. This case was brought by two companies, but the largest solar trade group in the nation, the Solar Energy Industries Association, opposes tariffs. The association says that if the two companies get what they are asking for, prices for solar power will rise, consumer demand will fall, and the industry will lose some 88,000 jobs, about one-third of the current American solar workforce.

Interestingly, the two companies that brought the complaint, Suniva and SolarWorldAmericasTwo, are based in the United States but are respectively owned by German and Chinese firms. It’s ironic that companies made possible by cross-border investment are now seeking protection from cross-border trade.

Businesses would always prefer a world without competitors. If they can’t outcompete their rivals in the marketplace, they may be tempted to ask the government for protection. And our trade laws actually invite such complaints. But economists agree that consumers, and the businesses that use imported products, lose more on net than producers gain. Protectionism is a bad deal for the American economy. And in this case, a bad deal for anyone who wants to see more solar energy in the United States.

Let’s hope that this time President Trump stands up for American consumers and workers and tells the uncompetitive solar panel manufacturers to go build a better mousetrap.

“We’ve cut off the head of the dragon,” said Robert Bender, head of the DEA’s San Francisco office, in announcing that heroin bust back in 1991. 

But in the decades since, the DEA has discovered that it had cut off the head, not of a dragon, but of a Hydra—the nine-headed monster in Greek mythology that couldn’t be killed because whenever one of its heads was cut off, two more grew to replace it. Is there any reason to hope that this latest Coast Guard triumph will be any different? 

A week ago Walter Olson noted, quoting the Washington Post, that

D.C. lawmakers are preparing to take a break from further beefing up labor standards [in] an abrupt shift for a city whose leaders have been in the vanguard of the national campaign for workers’ rights….

“Businesses like certainty, and if we’re constantly changing the tax burden or the tax environments, or constantly changing the regulatory burden, then it becomes more difficult to do business in the District,” said D.C. Council Chairman Phil Mendelson (D), who has proposed a moratorium through the end of 2018 on bills that would negatively affect businesses.

Meanwhile, at the very moment that councilmembers are promising to stop adding new burdens to businesses and job creation, the Council is debating a new rule that would require employers who offer their workers free parking to offer that same benefit—in cash—to workers who want to walk, bike, or ride public transit to work instead.

“This bill would be easy to implement,” says one bike commuter, “because it builds on DC’s Commuter Benefits Law, which requires all employers with 20 or more employees to provide them with the option to use their own pre-tax money to pay for transit.” Easy for the regulators, anyway. Maybe even easy for business HR departments, since “the systems employers already have to make” for other mandated benefits can be adjusted. But each new mandate requires some new learning for HR officers, some effort to notify employees, some adjustment to the payroll software. Those burdens add up.

Not to worry, though! Businesses might even save money under this proposed new mandate:

Proponents point out that the bill could even wind up benefiting employers in the long run. According to the World Resource Institute, converting a non-active employee into a bike commuter saves $3,000 in employer health care costs and reduced absenteeism.

Critics insist that corporations are greedy, crafty, always focused on the bottom line. And yet they believe that there are all these free lunches—these $20 bills lying on the sidewalk waiting to be picked up, as economists say—that businesses are just missing. Just maybe, when businesses oppose new regulations, they have a better sense of their costs and opportunities than councilmembers and activists do.

D.C. currently has an unemployment rate of 5.9 percent, higher than the national average of 4.4 and much higher than the D.C. metropolitan area rate of 3.9 percent. If the Council would like to see some of those suburban jobs move into the District, it might consider reducing the burdens on business.