Obviously, there’s been a lot of discussion of Rand Paul’s case of athlete’s mouth with respect to the Civil Rights Act, and a lot of talk of racism, as any issue as racially charged as that one is likely to provoke. But here’s the thing: As I mentioned in comments here, I don’t actually think Paul is a racist. I don’t think most of his various defenders are, either.
Now it’s understandable that so many would look at this issue and think that it’s about race, given the dubious history of the issue, but viewing it that way is a mistake. This isn’t actually about race at all. It’s about government.
So why do libertarians (Paul is only the most recent, but far from alone in doing so) pick on something as taboo as the Civil Rights Act? Because it’s an anathema to their political philosophy. It’s a crystal-clear case of where government intervention was absolutely necessary to resolve a pervasive social problem. But according to libertarianism, such problems aren’t supposed to exist. According to them, all such problems can and will be resolved by market forces, not by the “heavy hand” of the government, and these problems will actually be resolved in a better way by those market forces.
What to do when confronted with obvious counterexamples? Make up a revisionist history in which the “heavy hand” of the government was simply unnecessary. So you argue, against all evidence to the contrary, that it was the government that forced those terrible, terrible policies upon a populace that didn’t want them, and that absent that government force, such policies would not have existed, or would not have long survived. Never mind that segregation was nearly as prevalent in, say, Boston, where no Jim Crow laws existed, as it was in the South. That inconvenient historical truth must be thrown under the ideological bus.
It need not have been the Civil Rights Act, either. There are plenty of other examples. It’s still an article of faith among libertarian types that the financial crisis was caused by Fannie and Freddie and the Community Reinvestment Act, despite all evidence to the contrary. The Clean Air Act and Clean Water Act actually result in more air and water pollution than we’d otherwise have, according to them. (A risible position, I agree, but I swear that’s what they say.) Rand Paul himself has even called out the government for being too hard on BP for the ongoing oil spill nightmare — apparently, the market has decided that 1 to 2 million gallons of oil per day spilling into the Gulf of Mexico is A-OK.
So as tempting as it is to do so, it’s a mistake to frame this issue through the window of race. It’s about government, and the desperate desire of libertarians to pretend that effective government is unnecessary and nonexistent. They’re still nuts, just not the kind of nuts that the Civil Rights Act flap initially seems to imply.
“So why do libertarians (Paul is only the most recent, but far from alone in doing so) pick on something as taboo as the Civil Rights Act?”
Consistency. Purity of thought. Points on the “i’m more libertarian than you” purity test. It’s bad marketing but they do have a point.
but they do have a point
Which is? That widespread racism, discrimination, and the relegation of entire classes of people to second-class status are unfortunate results of freedom, and that it’s much better to allow such things to continue indefinitely than for the state to restrict my freedom to do economic harm to people whose skin tone I disapprove of? That they’re incapable of thinking about what happens in the aggregate?
The thing is, we have the luxury of a well-documented history, so we don’t have to speculate as to what the country would look like without the Civil Rights Act. We know, because we were there, barely over a half a century ago. To argue against the Civil Rights Act is to argue that what existed before its passage is superior to what existed after. Or, at the very least, to argue that Any Day Now everything was going to change if only the eeeeevil .gov stayed out of it, contrary to more than a century of history that predated the Act’s passage.
Or, put more simply, “consistency” = “a steadfast refusal to admit when your stated policy preferences simply don’t work.”
[...] has another discussion wondering why the Libertarian position on property rights trumps the civil rights act: So why do libertarians (Paul is only the most recent, but far from alone in doing so) pick on [...]
Read some more, most Libertarian thinkers recognize the need for the CRA. It would have been nice if the fed could have just enforced property rights & freedom of association against the states (i.e. those who took action against minorities or persons/businesses doing business with minorities, would find themselves at the wrong end of a federal indictment, and if state & local authorities failed to act, they would be in the same spot), but that was not going to happen, so something more drastic was needed.
http://www.forbes.com/2010/05/24/rand-paul-rachel-maddow-opinions-columnists-richard-a-epstein.html
http://www.ordinary-gentlemen.com/2010/05/rand-paul-meet-max-weber/
http://volokh.com/2010/05/20/bruce-bartletts-attack-on-libertarians/
etc.
Oh, one more POV, just for fun
http://reason.com/archives/2010/05/26/paul-and-the-private-parts