A Passion for Liberty
Tibor R. Machan @ Rational Review
Tibor R. Machan @ Rational Review
Mar 16th
Democracy and Liberty
Tibor R. Machan
The point deserves to be made over and over: majorities have no just authority to trump individual rights! That old dependable standby of the lynch mob is a perfect illustration of this. Just because the whole town wants to hang the suspect, it doesn’t follow that it would be right to do so. The sheriff will defend the process due the accused because justice demands it. Why? Because no one may be punished or indeed imposed upon without it first having been demonstrated that the punishment or imposition is justified, deserved, or warranted.
Of course, this line of thinking takes it as a fact that individuals and their basic rights matter most than the popular will. Yet that should not be very difficult to grasp. So another old saying has it wrong–50 millions frenchmen can indeed be wrong! Millions of Nazis and communists and people around the globe with all kinds of superstitions can be and are wrong.
However, if one is wrong within one’s own sphere of authority, on one’s own property for example, or in one’s own religious or philosophical convictions, that’s no one else’s business to fix except perhaps one’s best friend or a family member who cares and would nudge one in the right direction. But being wrong is an individual right! The US Constitution attests to this with its First Amendment which certainly protects everyone who may be wrong about religion or other matters of belief.
Individual rights apply to all, including, especially, to those in the minority. In a bona fide free country one is free to be and do what one choses provided this doesn’t impose on others something they do not deserve coming to them. So when someone doesn’t want to carry health insurance, that is something he or she has a perfect right to do. (The example of car insurance is a bad one since the roads are government run, so the government may make the rules for who may or may not use them. One’s body and health doesn’t belong to the government!)
A few years ago the journalist and Newsweek International’s editor Fareed Zakaria published a book, The Future of Freedom in which he worked out a pretty good set of criteria for which countries are liberal and which are illiberal democracies. I think he was too easy on some topics so he allowed for a lot more democratic meddling in people’s lives than is justified, morally or politically. Nonetheless, the distinction Zakaria worked with is a very instructive one. When democracy intrudes on individual liberty, it is wrong–it amounts to mob rule, period, however civilized it may appear to be. But when democracy operates without such intrusiveness, it is a permissible method (though not always the soundest) for making decisions in small or large groups.
The American Founders identified every human being as equal in respect of having certain unalienable rights, among them to life, liberty and the pursuit of happiness. This pretty much amounts to the best guide as to what may not be done to the citizens of a country–their lives, liberty and their choice of what is important to them may not be voted on. It is for them to decide and no one else, other than as advisors or consultants or teachers. Certainly not as daddies or nannies, even if they are in the majority. As the US Supreme Court once ruled, “One’s right to life, liberty, and property . . . and other fundamental rights may not be submitted to a vote; they depend on the outcome of no elections.” (U. S. Supreme Court 319 U. S. 62, 638)
It is in fact a quintessential feature of the American political tradition, this insistence on individual rights, something that irks so many rulers and their apologists across the globe and even here in the U.S.A. The fact that everyone has these rights is clearly the greatest bulwark against tyranny. Sadly, this element of the American political tradition has never been fully accepted even in America, let alone elsewhere, so one must constantly be vigilant in opposition to those who would ignore it, from the Right or the Left or indeed any circle of enthusiasts who want to ride roughshod over us.
Feb 3rd
Are Corporations Persons?
Tibor R. Machan
Actually, no one thinks corporations are persons but some do believe they are groups of persons. No one thinks orchestras, or football teams or universities are persons but many do think they are variously configured people. If this is so, then they, as groups of persons, have rights, including the right to private property and freedom of speech.
When people come together for some common purpose, they do not lose their basic human rights. So all the hollering about how the recent Supreme Court ruling about whether corporations have the right to engage in political advocacy, based on the allegation that corporations aren’t persons, is off base.
Even those who oppose the ruling implicitly acknowledge the above. Thus Justice Stevens, the major dissenter on the Court, wrote, that “[T]he distinctive potential of corporations to corrupt the electoral process [has] long been recognized.” But only persons can corrupt something! Theodore Roosevelt advocated prohibiting “all contributions by corporations to any political committee or for any political purpose.” And this, too, implies that corporations are made up of people, people who have rights! There is no other way corporations can make contributions–buildings, trees, land, the sea, none of these can make contributions, only people can. Ergo, corporations are people!
In any case, I have no idea what else corporations would be. Yes, they have some kind of legal identity but that is completely derivative of their being made up of people. Usually, it is a bunch of people who get together and incorporate–now that monarchs no longer create such associations–which is to say they form a specific type of organization, usually involving pooling some resources and hiring specialists to administer these resources either for profitable or non-profitable purposes. But whichever it is, it is persons who are doing this and nothing else. You may not like those types of persons but in a democracy they have the right to obtain and wield political power.
Now it is true that when people unite with one another, they tend to gain in influence, even power, if power is at issue. Sadly, given how much politics is not a matter of upholding principles, as the American Founders envisioned it, but of confiscating funds and then distributing them–that whole redistribution thing that candidate Obama had out with Joe “the Plumber”–having united powers can go a long way to gaining political clout. But this has nothing to do with corporations as such, which are perfectly benign outfits unless they commit crimes, just as this is so with individual citizens.
So then what is up with all the corporate bashing? Mostly that if you aren’t a part of the corporation but a lot of others are, it is they and not you who will wield more political power. And if one believes in democratic politics, why complain about this? If a huge company, owned by thousands of stockholders and other investors, exerts power, such is democracy. You cannot cherry pick which group of citizens should get democratic power and which should be ignored.
The remedy for out of control corporate political influence and power is to limit democracy to very few tasks in the country, such as the selection of public officials. They will then represent those who elected them but not by doing them special favors but by helping in extending the principles of the country to new and uncharted areas of the law.
I am no corporate attorney, nor a constitutional scholar but our legal system must make sense to all citizens, not just to experts. And as a plain, ordinary citizen it seems to me that all the derision extended toward corporations amounts to rank prejudice, bias, as a generalized dislike of movie actors or farmers would be. This is nothing to be proud of, that’s for sure, even if it is widely accepted and practiced. So was racial prejudice once. Not that those who have shares or manage corporations are all fine people, not by a long shot, but neither are all doctors, teachers, engineers or bureaucrats upstanding citizens. At any given time the bulk of the members of a professional could be engaged in malpractice or be decent in how they conduct themselves.
But there is no reason to suspect those who own or run corporations of any greater predilection toward malpractice than anyone else. Sometimes, of course, they operate in a system that encourages corruption, which the welfare state clearly does, what with all the selling and buying of political favors it involves. And big firms will probably be able to get more from politicians than little ones. That, however, is the problem of the system, not of any given profession.
Jan 25th
Why the First Amendment?
Tibor R. Machan
It has puzzled me for some time why campaign contribution is considered a First Amendment constitutional issue. If I write out a check to some candidate, I am not talking, writing an essay, carrying some poster in a parade or anything that could be construed as speech or writing, so the freedom to speak or write is moot in this context. What I am doing is making use of my own money or resources and that, of course, in a bone fide free country everyone has the right to do. Like sending money to the Red Cross or Haiti’s earthquake victims. This should all be considered under the protection to the right to private property. My money, therefore my decision how it will be used. Unless I use the money to violate someone’s rights, there can be no objection to my use of it.
Suppose, now that I have started a company and others are voting stockholders in it and we have decided, by following faithfully the legal bylaws, to spend some of our resources on supporting some political measure or candidate. Why should this be anyone’s business other than those whose funds are being used? Why, moreover, is this thought to be a first amendment issue? It has nothing to do with religious freedom, with writing editorials or books, or pamphlets that express some viewpoint. It is giving what belongs to us, the corporation–that is to say, a bunch of incorporated free citizens citizens with full rights recorded in the Constitution–to the organization. And free men and women may not be barred from doing this.
I have heard it exclaimed that corporations are not individuals with rights. But why not? Corporations are established and maintained by individuals with rights, no different from teams or orchestras. I always think of these when this issue is raised–surely those groups are composed of individuals with rights and thus when they make a collective decision voluntarily, they are exercising their individual rights. Can’t see why not. And if we have some resources we have pooled among ourselves with which to conduct business and decide that some of the funds should be spent on making a contribution to some cause, political or otherwise, who in earth could have any just authority to stop us? No one.
And all this is a matter of property rights, like my giving my car to some group soliciting such “in kind” contributions (as many now are). Or giving it to some friend. When I do this I am exercising my right to private property–doing what I choose to do with what belongs to me. And if I am part of a large group like a corporation, with all kinds of internal rules establishing how decisions about using and disposing the company’s funds must be made, and these rules are followed, why would anyone from the outside get to have a say about where our funds may or may not go (so long as the recipient is no outlaw)?
All the fuss about the various US Supreme and other court rulings pertaining to campaign contributions would, I believe, subside once the matter were put into the right framework, namely, the exercise of the right to private property. It is not about free speech but about freedom to use what belongs to one as he or she–or they– see fit.
Maybe the reason this approach has been so widely ignored is that people who favor the freedom to be able to spend one’s money how one wishes to do it lack confidence these days in the Constitutional status of the right to private property, a right only mentioned in the Fifth Amendment and implicit in several others that prohibit government to embark upon various intrusive policies–unreasonable searches and seizures or the like. Sadly only the First Amendment to the U. S. Constitution amounts to a flat out, nearly unambiguous statement of individual rights, comparable to what is found in the non-legal Declaration of Independence. So in order to secure the right of private property despite its neglect in the U. S Constitution, supporters have decided to try to convert the First Amendment to one that defends private property rights. But this tactic has proven to be muddled and confusing and, ultimately, disingenuous.