So "leaning to the left" caught my attention enough that I'll jump back into the fray. For some reason, anytime someone says "left" or "liberal" around me, I get all defensive and into battle mode. I think it has something to do with having lived in Utah so long. [By the way, Robert, I know that's not your intention--I'm just interested in exploring my reaction to the phrase].
By the way, I should never check my email one last time before I go to bed, and I especially shouldn't have clicked through to Robert's post, because I just spent the last 45 minutes trying to think up the best way to articulate the fundamental flaws that I believe underly Ezra Taft Benson's views on government.
And I still haven't thought of the best way to articulate things. That's understandable because Ezra Taft Benson put a lot of time and thought into his article, and one would expect that a decent rebuttal to the article would require an equivalent amount of time and thought. Back when I was in school I would have been up to the task. But now with my job and family responsibilities occupying so much time out of my life, it'll have to wait.
[Which reminds me of something I read once in The Atlantic--something about how Arafat, I think, once he got into power, decided that the best way to pacify some of his more radical terrorist supporters--whom he perceived as potential threats--was to give them wives and families. And apparently they have statistics showing that it worked. At first, I thought oh, that's a testament to the importance of families. Now I wonder if it's just because the former terrorists were so busy taking out the trash and fixing broken cabinet doors that they didn't have time to entertain radical thoughts. :)]
Anyway, I have no qualms with disagreeing with Ezra Taft Benson here. In fact, I think that many of our early church leaders would have disagreed with Ezra Taft Benson's poitical views. And no, I am no position to back that statement up right now.
Here are some of my gut responses (probably a little repetitive in light of previous blog posts, but maybe one day I'll say it the right--er, left--way):
(1) Ezra Taft Benson's ideology appears to assume that, for the most part, all "wealth" is fairly allocated to those who created it, and all "costs" are fairly allocated to those who actions resulted in those costs. But this is clearly not the case. Our markets and monetary systems have innumerous flaws that I will not list here (though I have previously tried to explain some of these flaws). I'll just use an example (perhaps even a deliberately deceptive political cheapshot) as a proxy for those flaws: is the work of a plumber who takes home 250,000 a year really 6x more valuable than your average school teacher? Or (without the political cheapshot), is the work of your average CEO really 10x more important than senator? Should our Patent and Trademark Office be filled with grossly incompetent patent examiners because law firms are able to pay anyone who would be competent for the job 4x more in salary? (In case you couldn't guess, the last rant was inspired by my day at work).
Note that I am not saying that everybody should be paid the same as everyone else, I am merely observing that markets fail to fairly reward people the value of their work. Accordingly, our incentives are often in the wrong place, and our productivity is steered in unhealthy directions, sometimes with self-destructive consequences.
(2) The government, having created the monetary system in the first place, should also be responsible for taking measures to "fix" that monetary system to correct for market failures, including taking taxes and providing certain benefits.
(3) Not all government programs that involve the "redistribution of wealth" are zero-sum. For example, keeping people healthy and off the streets pays many indirect benefits to all citizens.
(4) Concentration of wealth, particularly when it involves the means of production, is as much a threat to life, liberty, and the pursuit of happiness as a despot or an invading foreign power. I believe I have blogged on this previously.
(5) Government action is necessary to initiate beneficial programs that, absent government involvement, no one person or entity would have the incentive to undertake (highway system, pollution controls, etc.) I.e., the tragedy of the commons.
(6) One thing I do agree on is that a lot of government is best left to the local level. Of course, I believe this is more true for executive and judicial branches and less true of the legislative branch. But maybe I'll save that conversation for another day.
(7) The point that I feel most adament about is that Ezra Taft Benson's political ideology distances the individual from government in a way that is unhealthy in the modern world. The people of this world become increasingly inter-connected every day, and it's time we started treating government as a forum in which we negotiate our interconnectedness, as opposed to a necessary evil.
And from this remark, let me just jump to one of my personal pedastool points. We all look forward to the day when God's kingdom will be restored to this Earth. But most of us assume that since it will take an intervening force to make that restoration possible, we should just be all doom and gloom and live in survival mode while we watch the world crumble around us. But why should we act this way? Is it not possible that a great deal of the intervening force that brings forth God's kingdom will be us taking a role in the future of the world, engaging our brothers and sisters in discourse instead of sitting firmly entrenched in our sheltered positions?
Sorry, not sure how I ended up on that pedastool. I should go to sleep.
Oh, and here are some articles that say things in a way I only wish I could:
http://maxwellinstitute.byu.edu/publications/transcripts/?id=119
http://www.geocities.com/Athens/Oracle/7207/demosp.html
Showing posts with label conservatism. Show all posts
Showing posts with label conservatism. Show all posts
Friday, November 14, 2008
The Proper Role of Government
Admittedly, I am shocked to discover that several of you have drifted toward the political left. I've been impressed at your attempts to justify your positions and with the respect with which you all appear to be treating each other. Like Jefferson and Adams, we all have the same end goals and we recognize that we all learn more by the open and friendly debate than if we all came to the table with the exact same perspectives.
I posted on my own blog the full text of Ezra Taft Benson's essay "The Proper Role of Government" and I highlighted the points that I thought most powerful (well, that most powerfully supported my position anyway). I'd invite you all to read it and let's discuss.
I do not hide in the coat-tails of his ethos as a former president of our church to say that I am right and you are wrong. This essay was given as his opinion, not as doctrine nor a church position. So, by all means, if you disagree with something he said in this essay, you won't go to hell by questioning it.
Tuesday, July 22, 2008
Peter's Bric-a-brac
State of Fear: Paul, it's been a month since our last book club. I don't know if you've been thinking about what you want to post in re Michael Crichton's polemic, but I'd certainly be interested in your thoughts. I have my own, but I'll wait until you've opened things.
Constitutional Law: I really enjoyed Christopher's post regarding the Constitution and how it should be interpreted. Based largely on the bad taste in my mouth after the MA SSM decision, which had no basis in law IMO, I spent some time as a strict originalist. But, thinking about the historical role of judges I feel that the sort of originalism propounded by Justice Scalia is a bit farther than I'm willing to go; judges should be (I feel) the wise men of society who can balance the letter and the spirit of the law. That said, I feel law has become troublingly politicized, particularly due to the balkanization of the US Supreme Court and several high profile legislative battles over Federal Circuit appointees.
Same Sex Marriage: Living in MA, having gone to the only gay wedding to which I've been invited (after much inner conflict), I find that my personal acquaintance with the practice has not significantly impacted my feelings about it as far as I can tell.
I believe marriage is a social construct; that its only meaning is what we as a society imbue it with. As such, I do not accept that "equal marriage" is an inherent right. The question I see the point revolving on is whether we as a society want to weaken the construct sufficiently to allow for same sex couples. Historically there have been far less strict interpretations of what "marriage" means; globally there are very different interpretations on what "marriage" means. I'm not too worked up over the possibility of a definitional change. Although individually I oppose it and vote that way, if society chooses to accept it I'm not going to go about wringing my hands.
I do get worked up, however, with any arguments in favor of SSM that assert a "right to marry" or that focus on logistical (i.e. inheritance, hospital visitation, etc.), rather than definitional aspects of marriage. I'm leary of the assertion of "rights" beyond a basic few, and don't see historical or popular support for the assertion of this particular "right." Since the question, to me, is not one of "rights," the procedure calls for legislative deliberation and popular votes to determine the central question of whether homosexual relationships belong to the marriage construct, with all the social acceptance that membership entails. If society does not believe that, then the government has no place dictating an different position.
I feel that the push to legalize SSM through judicial rather than legislative methods is largely an effort to use the power of government as a method to force a change in the social construct, rather than the more appropriate process of legislating to reconcile the government with what the construct has become. I see this particularly in MA where the legal battle became essentially a public relations method for recognition of the validity of same-sex relationships. It was an anti-populist attempt to compel change in the hearts and minds of the populace, which I see as a poor legal precedent.
I disagree both with the MA and CA SSM decisions; in both cases the courts recognized a right that I don't believe exists, i.e. the "right to marry." Precedence appeals to the end of miscegnation (which, IIRC, were part of the written decisions in both state cases) I think are faulty; you could equally well (to my mind) say the refutation of it as a right is established by minimum age laws, cousin (or sibling) laws, or polyandry laws. I don't know if that makes sense, but my point is simply that using an example of expansion (interracial marriage) to assert a right to marry while ignoring examples of contractions (close-relative marriage) is either disingenuous or illogical.
My Political Philosophy: I generally see myself as a classic conservative in the vein of Edmund Burke. This is neither the conservatism of the current Republican Party, nor the individual rights conservatism that Jesse has propounded. It has more to do with an ideological resistance to change, which in my case is coupled with a distrust of pure reason as a basis for policy. I generally believe that policies already in place are wise, and am pessimistic that changes in policy will lead to intended benefits nor that they will avoid unintended negative consequences. I see an inspiration for this in Burke's principles in supporting the American revolution but rejecting the French revolution. In general, I identify more with the "liberal" wing of the Republican party, and view Bush pere as a better president than either Ronald Reagan or Bush fils.
When asked, rather than Republican or Democrat, I usually identify myself as Communitarian. Like Libertarians, Communitarians find themselves on both sides of the two-party split. But instead of a focus on individual rights and liberties (as in Libertarianism), Communitarianism focuses more on our responsibility to our communities. A result of this is that I feel that political decisions should devolve to the most local community capable of addressing the issue adequately. I am a strong proponent of the "representative" part of our representative democracy (I was recently quite disappointed by the MA legislature's decision to award our Electoral votes for PotUS to the winner of the National popular vote in an attempt to make a populist end run around the Electoral College). I think the changes in the federal government enacted by FDR and LBJ were more bad than good, and that we'd be better off pushing most of the responsibilities the federal government assumed over the past 75 years back down to the states and localities, particularly the social safety net (i.e. health care, social security, unemployment, etc.) I feel that administering it at a political level so far removed from community oversight is a recipe for corruption and inefficiency. Ideally I don't think the federal government should do much other than maintain interstate trade (mostly the interstate highway system) and work out foreign relations (including Defense, which has come to mean Offense, which is a whole different issue). Pretty much all other functions should devolve to at least the states if not the localities.
More Merrill Alums: If anyone has contact with other friends from our Helaman Halls days, please feel free to invite them to the symposium. I didn't spend a lot of time tracking down loose ends, but I'd certainly like to see more voices added to our mix. Furthermore, I'd be open to a discussion of extending membership to spouses or other friends who would like to participate.
Constitutional Law: I really enjoyed Christopher's post regarding the Constitution and how it should be interpreted. Based largely on the bad taste in my mouth after the MA SSM decision, which had no basis in law IMO, I spent some time as a strict originalist. But, thinking about the historical role of judges I feel that the sort of originalism propounded by Justice Scalia is a bit farther than I'm willing to go; judges should be (I feel) the wise men of society who can balance the letter and the spirit of the law. That said, I feel law has become troublingly politicized, particularly due to the balkanization of the US Supreme Court and several high profile legislative battles over Federal Circuit appointees.
Same Sex Marriage: Living in MA, having gone to the only gay wedding to which I've been invited (after much inner conflict), I find that my personal acquaintance with the practice has not significantly impacted my feelings about it as far as I can tell.
I believe marriage is a social construct; that its only meaning is what we as a society imbue it with. As such, I do not accept that "equal marriage" is an inherent right. The question I see the point revolving on is whether we as a society want to weaken the construct sufficiently to allow for same sex couples. Historically there have been far less strict interpretations of what "marriage" means; globally there are very different interpretations on what "marriage" means. I'm not too worked up over the possibility of a definitional change. Although individually I oppose it and vote that way, if society chooses to accept it I'm not going to go about wringing my hands.
I do get worked up, however, with any arguments in favor of SSM that assert a "right to marry" or that focus on logistical (i.e. inheritance, hospital visitation, etc.), rather than definitional aspects of marriage. I'm leary of the assertion of "rights" beyond a basic few, and don't see historical or popular support for the assertion of this particular "right." Since the question, to me, is not one of "rights," the procedure calls for legislative deliberation and popular votes to determine the central question of whether homosexual relationships belong to the marriage construct, with all the social acceptance that membership entails. If society does not believe that, then the government has no place dictating an different position.
I feel that the push to legalize SSM through judicial rather than legislative methods is largely an effort to use the power of government as a method to force a change in the social construct, rather than the more appropriate process of legislating to reconcile the government with what the construct has become. I see this particularly in MA where the legal battle became essentially a public relations method for recognition of the validity of same-sex relationships. It was an anti-populist attempt to compel change in the hearts and minds of the populace, which I see as a poor legal precedent.
I disagree both with the MA and CA SSM decisions; in both cases the courts recognized a right that I don't believe exists, i.e. the "right to marry." Precedence appeals to the end of miscegnation (which, IIRC, were part of the written decisions in both state cases) I think are faulty; you could equally well (to my mind) say the refutation of it as a right is established by minimum age laws, cousin (or sibling) laws, or polyandry laws. I don't know if that makes sense, but my point is simply that using an example of expansion (interracial marriage) to assert a right to marry while ignoring examples of contractions (close-relative marriage) is either disingenuous or illogical.
My Political Philosophy: I generally see myself as a classic conservative in the vein of Edmund Burke. This is neither the conservatism of the current Republican Party, nor the individual rights conservatism that Jesse has propounded. It has more to do with an ideological resistance to change, which in my case is coupled with a distrust of pure reason as a basis for policy. I generally believe that policies already in place are wise, and am pessimistic that changes in policy will lead to intended benefits nor that they will avoid unintended negative consequences. I see an inspiration for this in Burke's principles in supporting the American revolution but rejecting the French revolution. In general, I identify more with the "liberal" wing of the Republican party, and view Bush pere as a better president than either Ronald Reagan or Bush fils.
When asked, rather than Republican or Democrat, I usually identify myself as Communitarian. Like Libertarians, Communitarians find themselves on both sides of the two-party split. But instead of a focus on individual rights and liberties (as in Libertarianism), Communitarianism focuses more on our responsibility to our communities. A result of this is that I feel that political decisions should devolve to the most local community capable of addressing the issue adequately. I am a strong proponent of the "representative" part of our representative democracy (I was recently quite disappointed by the MA legislature's decision to award our Electoral votes for PotUS to the winner of the National popular vote in an attempt to make a populist end run around the Electoral College). I think the changes in the federal government enacted by FDR and LBJ were more bad than good, and that we'd be better off pushing most of the responsibilities the federal government assumed over the past 75 years back down to the states and localities, particularly the social safety net (i.e. health care, social security, unemployment, etc.) I feel that administering it at a political level so far removed from community oversight is a recipe for corruption and inefficiency. Ideally I don't think the federal government should do much other than maintain interstate trade (mostly the interstate highway system) and work out foreign relations (including Defense, which has come to mean Offense, which is a whole different issue). Pretty much all other functions should devolve to at least the states if not the localities.
More Merrill Alums: If anyone has contact with other friends from our Helaman Halls days, please feel free to invite them to the symposium. I didn't spend a lot of time tracking down loose ends, but I'd certainly like to see more voices added to our mix. Furthermore, I'd be open to a discussion of extending membership to spouses or other friends who would like to participate.
Sunday, July 20, 2008
Just like the good old days
(This is starting to get too reminiscent of the old symposiums. Here I am, thinking I have a whole Sunday afternoon to catch up on things like sleep and sorting through pictures and home videos, when all of the sudden I'm drawn in . . . )
Taxes
So Jesse and I appear to agree that taxes are a mechanism to redistribute the costs of benefits that, due to market failures, are not adequately borne by those who receive them.
I also agree that, in fairness, positive externalities must be considered. For example, the benefits of technological progress justify intellectual property laws and rights. I even agree that productivity is a positive externality.
However, I believe that the market more than fairly compensates for productivity. I imagine that I also believe that the costs (negative externalities) that I outlined in my previous posts are much greater than Jesse believes. By not paying for these costs, our corporations and other owners of means of production are essentially stealing from not only the American people, but all of humanity.
In reponse to Alvin, this is how I justify the majority forcing the minority to pay higher taxes.
Of course, the major problem here is that the we can argue all we want about what the true costs and benefits of these externalities are. It's very difficult to argue one way or another. So what can do to try to quantify these costs and benefits?
One could attempt to do a meta-comparison by comparing results of our current American system to that of other countries (like GDP per capita--I find that that much more agreeable than unemployment). However, I am skeptical as to the validity of a multi-national comparison for a number of reasons. Our nation's wealth owes almost as much to historical happenstance of circumstances (i.e. our geographic location, free land as a safety valve to the poor for almost half our existence, large number of natural resources) and exploitation of other countries (both the past effects of imperilaism and our current exploitation of third world labor) as it does our current system, itself.
I am interested in a historical comparison of American taxation, productivity, and distribution of wealth. However, I've been too lazy to dig up hard numbers. I hate making claims I can't back up, but here's a go. I believe that the top marginal tax rate for most of the first 70-80 years of the last century was above 70%. In fact, during the middle of the century, it was over 90%. Thanks to Reagonomics, it very rapidly declined and is now about 35%. Meanwhile, 1% of the population now holds approximately 90% of our wealth (or something like that--this is where I need to do research). That ratio has been getting worse and worse, not coincidentally, at the same time the highest marginal tax rates have been falling. Likewise, poverty rates have been climbing in a very similar way.
I should take some time to argue why all of this is bad, because I'm sure there are apologists who would say it isn't, but I'm runing out of time before my kid wakes up. So, if anybody **cough**esse, wants to tell me argue why this isn't bad, that's fine with me. (But it's all fun and games, right Jesse--especially since I'll actually agree with you later on here).
Another question of importance is "what should we tax?" Jesse has argued that we should tax consumption. In general, I think this is a very bad idea, because it becomes an essentially regressive tax. Those who have the least amount of money spend the most (percentage-wise) on consumption, while those who have the most amount of money can afford to save money, avoid taxation, and then make even more money.
And while we're talking about savings, while I think we should stay out of debt and encourage a small amount of savings for emergencies, I think we should discourage people from saving large amounts of money. ANY amount of savings has a negative effect on the current economy, because it represents money that is not being put into circulation to make more money. So if we're going to encourage savings, it should be just the minimal amount to take care of reasonably expected emergencies.
Nature of Government
I'm with Elliott. We need to stop looking at government as being somebody else forcing something upon us, and more as a social contract in which we all participate.
But, what do we do about the fact that we can't all agree all the time? I think we all agree that we can't just have a society where everybody can do anything they want just so we can make sure that no one should have to be forced to do anything. We have a right to force people to abide by certain rules that interfere too much with the rights of others--i.e. no murder, no theft, not running red lights, etc.
So we're left to walk the line between "freedom of choice" and protection of other people's rights to life, liberty, and pursuit of happiness. The issues that we've been debating are all hard issues along that line. It's hard to say just where on this spectrum of "freedom of choice" and "protection of rights" things like pollution and ownership of limited resources belong.
Also, I was going to argue with Jesse's assessment that government is, for the most part, no different than any other entity, but I think I'll save that for another day.
Legislating from the Bench
It would probably be pretty easy for me to backtrack from this statement by saying I was being technical when I said that "judges do not legislate." Technically speaking, of course, they do not. They interpret laws. They merely provide their best interpretation of laws that are ambiguous, or strike down laws that Congress had no right to make in light of the constitution. Congress (and by extension, we, as a people) then have the power to make laws that are not ambiguous and/or do not violate the Constitution.
But I'm not going to back down here. When people say that judges legislate from the bench, what they are really saying is that the judges have a different interpretation than they do, but they are saying it in such a way as to dismiss the legitimacy of that interpretation and ascribe typically dishonorable motivations to the judges who hold that different interpretation.
Most of these judges have no aspiration to "legislate." Yes, some of these judges are not generally elected, but these are not people who are appointed on a whim, nor are these people who have no reason but partisanship for making their decisions. These are people with very methodical and thorough understandings of the law, which understandings cause them to hold oft-times difficult to categorize beliefs. For these beliefs and legal understandings, they at one point were appointed office by people we trusted enough to elect to office. The beliefs of these judges are, generally speaking, quite centrist. Their attitudes reflect the attitudes of different populations of the American people very well (which is unfortunate in many circumstances).
I guess what I'm getting at is that by dismissing judicial decisions as partisan-minded activism, we disrespect the judicial process, the judges themselves, and the opinions of the many Americans who hold the same beliefs as the judges. I'm not saying we have to agree with every decions handed down by a judge, or every opinion held by every American citizien, but we should at least take the time to respect the legitimacy of their opinion. Until we take the time to understand one another, all we are doing is yelling back and forth, getting no where.
Social Conservatism
So finally, on to the main topic of the day--social conservatism. I liked Alvin's story about someone trying to convince him to be a Democrat. I think I was in much the same frame of mind as Alvin coming out of BYU. I wish the BYU environment would more openly challenge students to develop political consciences for themselves. I think American Heritage was supposed to do this, but it didn't. Even in law school, by which time I'd become more liberal minded, it was difficult to have a fair and open discussion of politics.
The first time I ever forced myself to actually build my political consience from the ground up, I became a libertarian (this was for about a year right after 2001--obviously, I have since changed my mind on many issues). The most difficult aspect to accept of libertarianism was, for me, the idea of being socially liberal. I never made it all the way there, but to this day I still believe there are a lot of "private" issues that the government has no business being involved in.
For a while, one of these was gay marriage. Morally, I'm opposed to it. Emotionally, my revulsion to homosexuality is complicated by the fact that one of my sisters is gay. Intellectually, I think my opinion is similar to Jesse's--except I would argue that it was perfectly legitimate for the court to decide what they did. I question whether government has any role endorsing any kind of religious institution, and thus I question whether government should endorse marriage. The fact that this is the only political issue I've ever seen the church become involved in, however, has me looking for ways to intellectually reconcile things. So, anyone out there have good secular arguments for it? Particularly since, as a California citize, I need to decide how to vote?
Taxes
So Jesse and I appear to agree that taxes are a mechanism to redistribute the costs of benefits that, due to market failures, are not adequately borne by those who receive them.
I also agree that, in fairness, positive externalities must be considered. For example, the benefits of technological progress justify intellectual property laws and rights. I even agree that productivity is a positive externality.
However, I believe that the market more than fairly compensates for productivity. I imagine that I also believe that the costs (negative externalities) that I outlined in my previous posts are much greater than Jesse believes. By not paying for these costs, our corporations and other owners of means of production are essentially stealing from not only the American people, but all of humanity.
In reponse to Alvin, this is how I justify the majority forcing the minority to pay higher taxes.
Of course, the major problem here is that the we can argue all we want about what the true costs and benefits of these externalities are. It's very difficult to argue one way or another. So what can do to try to quantify these costs and benefits?
One could attempt to do a meta-comparison by comparing results of our current American system to that of other countries (like GDP per capita--I find that that much more agreeable than unemployment). However, I am skeptical as to the validity of a multi-national comparison for a number of reasons. Our nation's wealth owes almost as much to historical happenstance of circumstances (i.e. our geographic location, free land as a safety valve to the poor for almost half our existence, large number of natural resources) and exploitation of other countries (both the past effects of imperilaism and our current exploitation of third world labor) as it does our current system, itself.
I am interested in a historical comparison of American taxation, productivity, and distribution of wealth. However, I've been too lazy to dig up hard numbers. I hate making claims I can't back up, but here's a go. I believe that the top marginal tax rate for most of the first 70-80 years of the last century was above 70%. In fact, during the middle of the century, it was over 90%. Thanks to Reagonomics, it very rapidly declined and is now about 35%. Meanwhile, 1% of the population now holds approximately 90% of our wealth (or something like that--this is where I need to do research). That ratio has been getting worse and worse, not coincidentally, at the same time the highest marginal tax rates have been falling. Likewise, poverty rates have been climbing in a very similar way.
I should take some time to argue why all of this is bad, because I'm sure there are apologists who would say it isn't, but I'm runing out of time before my kid wakes up. So, if anybody **cough**esse, wants to tell me argue why this isn't bad, that's fine with me. (But it's all fun and games, right Jesse--especially since I'll actually agree with you later on here).
Another question of importance is "what should we tax?" Jesse has argued that we should tax consumption. In general, I think this is a very bad idea, because it becomes an essentially regressive tax. Those who have the least amount of money spend the most (percentage-wise) on consumption, while those who have the most amount of money can afford to save money, avoid taxation, and then make even more money.
And while we're talking about savings, while I think we should stay out of debt and encourage a small amount of savings for emergencies, I think we should discourage people from saving large amounts of money. ANY amount of savings has a negative effect on the current economy, because it represents money that is not being put into circulation to make more money. So if we're going to encourage savings, it should be just the minimal amount to take care of reasonably expected emergencies.
Nature of Government
I'm with Elliott. We need to stop looking at government as being somebody else forcing something upon us, and more as a social contract in which we all participate.
But, what do we do about the fact that we can't all agree all the time? I think we all agree that we can't just have a society where everybody can do anything they want just so we can make sure that no one should have to be forced to do anything. We have a right to force people to abide by certain rules that interfere too much with the rights of others--i.e. no murder, no theft, not running red lights, etc.
So we're left to walk the line between "freedom of choice" and protection of other people's rights to life, liberty, and pursuit of happiness. The issues that we've been debating are all hard issues along that line. It's hard to say just where on this spectrum of "freedom of choice" and "protection of rights" things like pollution and ownership of limited resources belong.
Also, I was going to argue with Jesse's assessment that government is, for the most part, no different than any other entity, but I think I'll save that for another day.
Legislating from the Bench
It would probably be pretty easy for me to backtrack from this statement by saying I was being technical when I said that "judges do not legislate." Technically speaking, of course, they do not. They interpret laws. They merely provide their best interpretation of laws that are ambiguous, or strike down laws that Congress had no right to make in light of the constitution. Congress (and by extension, we, as a people) then have the power to make laws that are not ambiguous and/or do not violate the Constitution.
But I'm not going to back down here. When people say that judges legislate from the bench, what they are really saying is that the judges have a different interpretation than they do, but they are saying it in such a way as to dismiss the legitimacy of that interpretation and ascribe typically dishonorable motivations to the judges who hold that different interpretation.
Most of these judges have no aspiration to "legislate." Yes, some of these judges are not generally elected, but these are not people who are appointed on a whim, nor are these people who have no reason but partisanship for making their decisions. These are people with very methodical and thorough understandings of the law, which understandings cause them to hold oft-times difficult to categorize beliefs. For these beliefs and legal understandings, they at one point were appointed office by people we trusted enough to elect to office. The beliefs of these judges are, generally speaking, quite centrist. Their attitudes reflect the attitudes of different populations of the American people very well (which is unfortunate in many circumstances).
I guess what I'm getting at is that by dismissing judicial decisions as partisan-minded activism, we disrespect the judicial process, the judges themselves, and the opinions of the many Americans who hold the same beliefs as the judges. I'm not saying we have to agree with every decions handed down by a judge, or every opinion held by every American citizien, but we should at least take the time to respect the legitimacy of their opinion. Until we take the time to understand one another, all we are doing is yelling back and forth, getting no where.
Social Conservatism
So finally, on to the main topic of the day--social conservatism. I liked Alvin's story about someone trying to convince him to be a Democrat. I think I was in much the same frame of mind as Alvin coming out of BYU. I wish the BYU environment would more openly challenge students to develop political consciences for themselves. I think American Heritage was supposed to do this, but it didn't. Even in law school, by which time I'd become more liberal minded, it was difficult to have a fair and open discussion of politics.
The first time I ever forced myself to actually build my political consience from the ground up, I became a libertarian (this was for about a year right after 2001--obviously, I have since changed my mind on many issues). The most difficult aspect to accept of libertarianism was, for me, the idea of being socially liberal. I never made it all the way there, but to this day I still believe there are a lot of "private" issues that the government has no business being involved in.
For a while, one of these was gay marriage. Morally, I'm opposed to it. Emotionally, my revulsion to homosexuality is complicated by the fact that one of my sisters is gay. Intellectually, I think my opinion is similar to Jesse's--except I would argue that it was perfectly legitimate for the court to decide what they did. I question whether government has any role endorsing any kind of religious institution, and thus I question whether government should endorse marriage. The fact that this is the only political issue I've ever seen the church become involved in, however, has me looking for ways to intellectually reconcile things. So, anyone out there have good secular arguments for it? Particularly since, as a California citize, I need to decide how to vote?
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