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Saturday, July 15, 2006 - 6:02pmSanction this postReply
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We have other places for debating anarchy, and this is not one of them.  However, in the latest anarchy thread, some discussion about the nature of "world government" and its desirability ensued.  Also, it was suggested that the contradictions int he U.S. Constitution are obvious to an adolescent.  How they escaped John Marshall and John Marshall Harlan is beyond me, but the point was made by Ayn Rand, so it stands as stated.

What would the best forms of government look like?

Why not have the 50 state attorneys general elect the federal Attorney General to a six-year term?  Sound strange?  Read some of the colections called "Anti-Federalist Papers" and you will see that the Founders our republic considered many alternatives before settling on the Constitution as we know it, an having the governors elect the president was a suggestion.  Does that violate any principles?  Does it have any advantages over the current system?

If you could write the U.S. constitutution, what would you do differently?

Could you establish a world government that respects individual rights and avoids the pitfalls of democracy and oligarchy?

Ayn Rand suggested, "Congress shall make no law abridging the freedom of production and trade..." 
What would you suggest?


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Wednesday, July 19, 2006 - 5:30pmSanction this postReply
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An Argument For Market Anarchism
Leo Gold wrote in post 77:
Here's a quote from an Objectivists site which describes the preferred government:
"No country today scrupulously respects our rights, and indeed many people do not understand what rights really are. A limited, rights-respecting government would have no welfare system and no forced pension-paying system like Social Security in the U.S. It would not have agencies with open-ended and vaguely defined regulatory powers. There would be no anti-trust law, nor zoning laws, nor anti-drug laws......"

 
But it would have some unmentioned regulatory agencies. So, regulatory law is not counter to Objectivist thought. Unless your government operated from common law where all crimes have victims you'll have to structure it as a legal fiction.
At first blush, this is nonsense.  No "objectivist" government would have "regulatory agencies."  But think again...  Do the police not have "bunko squads"?  Is it not their duty to protect people against frauds, as they would against aggression?  If you approve of the police using decoys like "Muggable Mary" to trap coercive criminals, then do you not approve of market "stings" that trap cheats and liars? 

Would your ideal objectivist state not have bureaus for business regulation?  Can anyone open a bank?  Who makes sure they are honest?

I can accept that "anyone" could open a bank and in the absence of a complaint, the bank's operations are none of the goverment's business.  Yet,  the purpose of the police is to protect people.  So would they not have undercover "shoppers" checking out businesses, Cheatable Charlie to go with Muggable Mary?  Would your ideal objectivist police department be pro-active? 

Would it react to a "bank" that engaged in fractional reserve or fractional deposit practices?  Does it have to wait for a complaint before the Environmental Protection Agency comes to me because they have spotted my new smokestack? 

In that post, Leo Gold claimed that if a government operated according to "common law" it could only act where there were actual victims.   Historically, that is not true.  In the wake of two highly publicized frauds, the British courts of the 19th century moved to a model of "law by the bench."  The police could arrest anyone for anything or nothing -- merely being "bad" became illegal.  The court would decide what crime, if any, had been committed and would then mete out punishment.  This stopped criminals from escaping the law on "technicalities." 


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Thursday, July 20, 2006 - 12:51amSanction this postReply
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Michael,

=====================
If you could write the U.S. constitutution, what would you do differently?

Could you establish a world government that respects individual rights and avoids the pitfalls of democracy and oligarchy?

Ayn Rand suggested, "Congress shall make no law abridging the freedom of production and trade..."
What would you suggest?
=====================

As I said before -- drop the federal regulation of interstate commerce; and qualify the phrase 'General Welfare' (it is objectively NOT in the 'general welfare' -- to have 'welfare').

And yes, I could establish a world government that respects individual rights and avoids the pitfalls of democracy and oligarchy -- but I need more guns to do this. Once you give me enough guns to enforce it (ie. to enforce that which is 'right' for man on earth), then I could pull this task off.

In the meantime, all I can do is persuade folks with rational discourse.

As far as Congress making no law (abridging the freedom of production and trade) -- why not take notes from the original idea of the abridgment of Freedom of Speech? Do we still have free speech? Why? How? The answers to these questions can be transposed (projected) to answer the same questions in regard to markets.

We still have free speech because enough folks recognize its value. The answer to separation of economy & state -- is for enough folks to recognize ITS value.

The answer is education.

Ed



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Thursday, July 20, 2006 - 3:32pmSanction this postReply
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The very idea of a world government offends me.

Sam


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Sunday, April 1, 2007 - 10:47amSanction this postReply
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(no better place than here...)

Federal Constitution of the Swiss Confederation of April 18, 1999
http://www.admin.ch/org/polit/00083/index.html?lang=en

(Official English version)
Art. 15 Freedom of Religion and Philosophy
1 The freedom of religion and philosophy is guaranteed.
2 All persons have the right to choose their religion or philosophical convictions freely, and to profess them alone or in community with others.
3 All persons have the right to join or to belong to a religious community, and to follow religious teachings.
4 No person shall be forced to join or belong to a religious community, to participate in a religious act, or to follow religious teachings.


(German)
Art. 15 Glaubens- und Gewissensfreiheit
1 Die Glaubens- und Gewissensfreiheit ist gewährleistet.
2 Jede Person hat das Recht, ihre Religion und ihre weltanschauliche Überzeugung frei zu wählen und allein oder in Gemeinschaft mit anderen zu bekennen.
3 Jede Person hat das Recht, einer Religionsgemeinschaft beizutreten oder anzugehören und religiösem Unterricht zu folgen.
4 Niemand darf gezwungen werden, einer Religionsgemeinschaft beizutreten oder anzugehören, eine religiöse Handlung vorzunehmen oder religiösem Unterricht zu folgen.

(French)
Art. 15 Liberté de conscience et de croyance
1 La liberté de conscience et de croyance est garantie.
2 Toute personne a le droit de choisir librement sa religion ainsi que de se forger ses convictions philosophiques et de les professer individuellement ou en communauté.
3 Toute personne a le droit d’adhérer à une communauté religieuse ou d’y appartenir et de suivre un enseignement religieux.
4 Nul ne peut être contraint d’adhérer à une communauté religieuse ou d’y appartenir, d’accomplir un acte religieux ou de suivre un enseignement religieux.

(Italian)
Art. 15 Libertà di credo e di coscienza
1 La libertà di credo e di coscienza è garantita.
2 Ognuno ha il diritto di scegliere liberamente la propria religione e le proprie convinzioni filosofiche e di professarle individualmente o in comunità.
3 Ognuno ha il diritto di aderire a una comunità religiosa, di farne parte e di seguire un insegnamento religioso.
4 Nessuno può essere costretto ad aderire a una comunità religiosa o a farne parte, nonché a compiere un atto religioso o a seguire un insegnamento religioso.

(Romansh)
Art. 15 Libertad da cretta e conscienza
1 La libertad da cretta e conscienza è garantida.
2 Mintga persuna ha il dretg da tscherner libramain sia religiun e sia persvasiun filosofica e da las confessar individualmain u en cuminanza cun auters.
3 Mintga persuna ha il dretg da sa participar ad ina cuminanza religiusa u d’appartegnair ad ina tala e da suandar in’instrucziun religiusa.
4 Nagin na dastga vegnir sfurzà da sa participar ad ina cuminanza religiusa u d’appartegnair ad ina tala, d’ademplir in’acziun religiusa u da suandar ina instrucziun religiusa.

The nuances can be amusing.  In the official English version, we have freedom of philosophy. Hey, we here are all for that.  In the official German version, they call that weltanschauliche Überzeugung.  Trust the Germans to want "freedom of Weltanschauung."


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Sunday, April 1, 2007 - 12:46pmSanction this postReply
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The Swiss wisely kept the federal powers limited relative to the cantons (their states).  We let the federal government acquire power in ways the states were unable to block.  Our senators used to be elected by the states rather than the general population.  It would be good to make the federal government more answerable to the states.  Jefferson liked that concept.  He once advised Kentucky to threaten withdrawing from the Union if the federal government persisted in taxing their corn liquor (without refrigeration, they needed to convert corn to alcohol if they wanted to get it to market on the East coast before it rotted).

The Swiss also have retained a sense of outrage over government abuses that we have lost.  They think it is outrageous that our government would treat a person like a criminal over a tax dispute.  In their country, if there is a disagreement over a tax bill you go to civil court - one party sues the other and there are no criminal penalties or fines.

We got our start from the special genius of our founding fathers, but our sustaining spirit developed and was nurtured by the pilgrim and then the pioneering spirit.  All of that self-reliance and the need to make things work without much or any government.  When we moved into cities big time and acquired a substantial, material infrastructure (living was easy) then we were too far from our intellectual roots and from the pioneering spirit be saved from the ravages of bad education and the bad philosophies that spawned it.  And each generation we are further from those roots.


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Monday, April 2, 2007 - 10:58amSanction this postReply
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"In Switzerland,
everyone holds at least one presidency."
 
I am writing a paper on how women got the right to vote in Switzerland.  My research reinforces my belief (no surprise there) that the laws per se, the written constitutions and bills of rights, etc., etc., are wholly irrelevant.  It is the the culture of the people -- their complex interactions as individuals -- that determines whether, to what extent, and how, a society is "free" or not.
 
Switzerland is a fractal republic.  The cantons are organized as collections of communes ("municipalities").  Your "Swiss" citizenship depends on your commune citizenship (not canton).  Communes split from each other when conflicts are unresolvable. (The canton of Jura was recently divided.)
 
Women have "always" voted in that they have often had a formalized "say" in common problems at the very localist of levels, in the communes and below.   Below communes are associations, nominally free but actually traditional agglomerations from brass bands (very traditional) to book clubs and insurance companies.  "In Switzerland, everyone holds at least one presidency." 
 
By comparison, it is also true that in the USA, the UK, and other places, that women began voting at the local level in the 1830s and 1840s.  The first US state with a woman governor was Wyoming, weeks ahead of Texas.  Interestingly, though New Zealand was the first nation to extend the franchise to women (1893), women could not be candidates for office. 
 
All of which is to say, that I find it curious that no mainstream limited governmentalist miniarch has seen fit to reply to the challenge and actually envision what this "rational government" would look like.  All the more curious as we have so many glimpses of good actions that must (we believe) rest on good principles.


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Friday, May 16, 2008 - 5:34amSanction this postReply
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From Articles Discussions: A Corrupt Profession

 Emphasis added -- MEM

Post #0:
  In a free society politicians would be like the sheriff in those fictional Westerns who want the job so they can maintain peace and fight crime. ...   But that conception of politics is admittedly the best that's possible and doesn't resemble at all what politics has been throughout human history.

Post # 15:
Term limits in a free society are problematic: by what authority may anyone's running for office the second, third or fourth time be banned? They are free to seek office no matter how often they have held one.  If it is a legitimate job, seeking it may not be forbidden.

Post #18:
In a free society politicians are hired to secure everyone's rights (see Declaration of Independence re: the institution of government). And evereyone has the right to apply for that job--it isn't coercive if properly carried out! One's right to liberty may be exercised by running for peace officer and such.

Post #20
Just because government is not a business it doesn't follow that governments don't employ people, that people aren't aspiring to government employment or office.  Of course they do and have the right to do so in a free society.

Post #22
Citizens have the legal right to run for office.  That's part of being a citizen.  To restrict it is wrong. Moreover, unlike in the skit, this right is one that most can exercise.  (One cannot have a right that one cannot, in principle, exercise, such as a right to square the circle.)

Post #27
Running for office would be such a right--not a basic one like life or liberty but one everyone has, nevertheless, in a free country.  As to age limits, they are related to maturity, an objective precondition for holding office. Just like the right to enter into a contract, which kicks in only when one is of age.

Post #32
I, too, may not have personal objections to, distaste for, some of the limitations imposed on aspiring politicians but that isn't what is at issue.  I am concerned with whether in a free society such limitations are proper. ... No one's rights are being violated when a person runs for office a second or third time; it is perfectly peaceful conduct. So why is it prohibited in a free country?

Dr. Tibor Machan is over the age of 18... 30... 35....  He is an American citizen.  He cannot run for the office of President of the United States.  Born in a foreign country, he is a naturalized citizen. (As noted, in some districts he cannot run for the bench, not being a member of the bar.) 
  • Is this because we do not (yet) live in a free society and therefore need to limit the Presidency to native born Americans;
  • and does this mean than in a better world one where political principles of constitutional government were based in objective reality that any citizen could run for any office, including the Presidency. 
  • If the latter, how does that derive from the law of identity, given, as Dr. Machan has pointed out, that age limits on office are a function of maturity? 
  • Since women mature faster than men, should they have different age limits?  Vote at 15, run for Senate at 25?
Non-citizens have the privilege of paying taxes.  They are entitled to trial by jury (Miranda rights, etc., etc.) .  They have always been able to serve in the military.  They can attend public schools -- free for children; universities charge by residency, not citizenship -- and ride the public transits.  In short, non-citizens have most of the same rights as citizens.  However, they cannot vote.

Running for office is restricted on many grounds.  When I ran for the Board of Trustees of my tax-based community college, I could gather 100 signatures from a specified range of precincts (no one gets to run with 100 signatuies from one precinct) -- or I could pay  $100.  Most offices are like that.  You either get so many petitiion signatures or you pay some fee.  Then, we have primary elections and general elections.  Often, primaries include ballot initiatives, recalls, bonds or millages, and other tallies that are decided there and then, and are not reposted in the general election along with the successful primary candidates.

We have all kinds of rules for this.  Perhaps in the best of all worlds, the rules would be different.  Certainly, the rules vary over time and place, so all kinds of alternatives seem workable to some extent. I therefore ask:

Is there an objective application of an objective standard to sort all this out?
Is it true, as Dr. Tibor Machan theorizes, that "in a free society" there would be no rules for elections and anyone could always run for any office?


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Monday, July 21, 2008 - 12:13pmSanction this postReply
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My personal opinion is that regulation is not truly inconsistent with Objectivist core values. However, on the same note, specific regulations can be not only inconsistent, but in complete opposition to the values of Objectivism.

The key is in defining and restricting the regulatory agencies so that they cannot issue unethical or improper regulations, and perhaps an efficient and fast means of rescinding same when they're found destructive.

jt

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