Election 2014: The Ballot Measures

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Libertarians should take encouragement from some of the ballot measures in the Nov. 4 election:

Medical freedom

Arizona voters passed Proposition 303, which seeks to allow patients with terminal illnesses to buy drugs that have passed Phase 1 (basic safety) trials but are not yet approved by the Food and Drug Administration.

To libertarians, this is an old and familiar cause and one in which it is easy to find allies if people are paying attention, which most times they are not. The movie Dallas Buyers Club provided an opening, and this year legislatures in Colorado, Missouri and Louisiana passed what are now called “Dallas Buyers Club” laws. In Arizona, the cause was promoted by the Goldwater Institute.

Opponents have said that such laws will give many terminal patients false hope, which is surely true. But it is better to give 90% false hope if 10% (or some other small share) obtain real benefit, if the alternative is an egalitarian world of no hope for all. And it ought to be the patient’s decision anyway.

What the FDA will do about the “Dallas Buyers Club” laws is a question; as with marijuana, the matter is covered by a federal law, if one of questionable constitutionality. At the very least the Arizona vote, a whopping 78% yes, should give other states, and eventually Congress, a political shove in favor of freedom.

Marijuana

Legalization measures were first passed in 2012 by the voters of Colorado and Washington (the two states that had the Libertarian Party on the ballot in 1972). They have been followed this year by the voters of Alaska, which passed Measure 2 with 52%; Oregon, which passed Measure 91 with 55%; and the District of Columbia, which passed a decriminalization measure, Initiative 71, with 65% yes.

Alaska and Oregon were early supporters of marijuana for medical patients, as were Colorado and Washington. When the opponents say medical marijuana is a stalking horse for full legalization, they are right. It is — which means that more states will join Alaska, Washington, Oregon, and Colorado.

On Nov. 4 Florida rejected medical marijuana, but only because it required a 60% yes vote. Florida Amendment 2 had nearly 58%.

Taxes

In Massachusetts, which several decades ago was labeled “taxachusetts,” voters approved Question 1, which repeals the automatic increases of the gas tax pegged to the Consumer Price Index.

In Tennessee, Amendment 3, forbidding the legislature from taxing most personal income, passed with a 66% yes vote. Tennessee is one of the nine states with no general income tax, though it does have a 6% tax on interest and dividends, which will continue.

In Nevada, 79% of voters rejected Question 3, to create a 2% tax on adjusted business revenue above $1 million. Proponents called it “The Education Initiative” because the money was to be spent on public schools; opponents called it “The Margin Tax Initiative.” The measure was put on the ballot with the help of the Nevada branch of the AFL-CIO, which then changed its mind and opposed it. Good for them; most people and organizations in politics never admit of making a mistake.

Debt

In Oregon, Measure 86 would have created a fund for scholarship grants through the sale of state bonds. The measure was put on the ballot by Oregon’s Democratic legislature and supported by the education lobby. It was opposed by the founder of the libertarian Cascade Policy Institute and by the state’s largest newspaper, the Oregonian, because of the likely increase in public debt. It also would have allowed the legislature to dip into the fund for general spending if the governor declared an emergency. In this “blue” state, the measure failed: 59% no.

Regulation

In Massachusetts, which has had mandatory bottle deposits on carbonated beverages since 1982, voters rejected Question 2, an initiative to extend the bottle law to sports drinks, juices, tea and bottled water (but not juice boxes). The vote was a landslide: 73% no.

Abortion

Libertarians are divided on abortion, depending on whether they consider a fetus to be a person. Voters in Colorado rejected Amendment 67, which would have defined an embryo or fetus as a “person” or “child” under state criminal law. The vote was 64% no.

In North Dakota, a “right to life” amendment the state legislature put on the ballot as Measure 1 was rejected, also 64% no.

In Tennessee, voters approved Amendment 1, which asserts state control over abortion but would leave to the legislature what sort of control it would be. Opponents called it the “Tennessee Taliban Amendment.” It got 53% of the vote.

All of these measures are probably symbolic only, because the question has been coopted by the U.S. Supreme Court under Roe v. Wade and later decisions. Still, symbolism can matter.

Alcohol

In Arkansas, where about half the counties are dry, Issue 4 would have opened the entire state to alcohol sales. It failed, with 57% voting no. That’s a loss for freedom if a gain for federalism.

Guns

Washington voters passed Initiative 594 to require background checks for sales of guns by non-dealers. The measure was bankrolled by Michael Bloomberg, Bill and Melinda Gates, and a liberal Seattle venture capitalist and given an emotional push by shootings at a nearby high school. Washington remains a concealed-carry state.

Minimum wage

Politically, this is a lost issue for libertarians. On Nov. 4, Arkansas voted to raise its minimum from $7.25 (the federal minimum) to $8.50 by 2017; Alaska, to raise its minimum from $7.75 to $9.75 by 2016, and index it to inflation; Nebraska, to raise it from $7.25 to $9 by 2016, and South Dakota, to raise it from $7.25 to $8.50 by 2015, then index it. These measures passed by 65% in Arkansas, 69% in Alaska, 59% in Nebraska and 54% in South Dakota.

In Massachusetts, voters approved Question 4, mandating paid sick days in private business. The yes vote was 59%.

Governance

In Oregon, voters rejected the sort of “top two” election system operating in neighboring Washington. In that system, anyone can file in the primary and declare their party allegiance, and the top two vote-getters, irrespective of party, advance to the November election, which becomes a run-off. California has a similar system. Little parties like the Libertarian Party hate it, because it keeps them off the November ballot except in some one-party districts.

Oregon voters were offered a top-two system in 2008 and voted 66% against it. This time, for Measure 90, they voted 68% against it.




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One Flapper Escapes the Trap

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America’s glorious War on Drugs is viewed with increasing skepticism. Because people keep proposing different variations of it, we never stop talking about it. But we keep talking about it in the same way. Public debate almost always dwells on the superficial aspects, rarely touching upon those closest to the heart.

The argument that addiction to, or abuse of, certain substances is of greater concern to “society” than it is to us as individuals is the basis of every form of prohibition. It claims that we belong to others more than we do to ourselves. But to prohibit certain substances because people might abuse them is a violation of human dignity. If our lives are “society’s” more than they are our own, then we are something less than entirely human.

I’ve never used illegal drugs. Even though I was a teenager during the seventies, when supposedly “everybody did it.” Was that because drugs were against the law? I don’t think so.

I didn’t hang around with people who had access to anything stronger than marijuana. And I had plenty of opportunity to see how that affected them. It made them stupid, and it made them stink. I didn’t want to be stupid, and I didn’t want to stink.

As an adult, I became addicted to an entirely legal substance: alcohol. Would I have used it if it had been illegal? As illegality wasn’t what deterred me from smoking weed, it probably would have had little to do with keeping me from drinking. I liked the taste of booze, and it made me feel powerful and utterly brilliant. It was fetishized (by the “society” to which I supposedly belong) as a rite of passage to all things grown-up and glamorous, and those were exactly the things I wanted to be.

Had I been a flapper in the speakeasy days, I’d have been swilling gin and dancing the Charleston right along with the rest of them.

Perhaps sensing the utilitarian coldness of the “society owns us” line, many prohibitionists appeal to our Inner Five-Year-Old. They simply care about us — more than we may care about ourselves. But why does their concern for us take precedence over our own? It comes around, no less than the other argument, to claiming that somebody else is more important than we are.

Their concern purportedly trumps ours. But I’ve known many alcoholics and other addicts who are valiantly battling their addiction. And not one of us got clean or sober because anybody else wanted us to. Any recovery program will tell you that is never enough. If we live and recover instead of giving up and dying, it can only be because we value ourselves enough to believe that our lives are worthwhile.

No one else can make you value yourself. Nor is it likely to add to your estimation of yourself to be told that somebody else’s interest in you is more important than your own. None of the people who have overcome an addiction to illegal drugs did so because of such an appeal. That wouldn’t appeal to anybody. Which is probably why — since it is the argument so often used — so many people are hooked on illegal drugs.

The drive to illegalize booze got traction during the industrial revolution. The saloon became the place to be counted, herded, and manipulated into voting as the powerful desired. Might this not have been because people had already begun to feel more like sheep than like human beings? Could not the desire to intoxicate oneself into oblivion have something to do with the abuse of alcohol (and drugs) in the first place?

How, then, will playing upon the sense that somebody else owns us — that we are not people in our own right in any meaningful sense — make us want to drink or use drugs any less?

Within every individual is that spark of humanity that gives us our identity. That recognition of our own worth. It goes beyond the mere survival instinct found in animals, driving each of us not only to exist, but to live. To strive for wisdom and achievement. To be free not simply from some trap (the highest aspiration of an animal), but to pursue a higher purpose.

I got sober — and stay sober — because I want to live the fullest life possible. The more “society” permits the liberty for human beings to reach their potential, the less attractive an escape into intoxication will be. Then prohibition schemes of every sort will be as dead as the flappers and bootleggers of our past.




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Backwoods Wars, Front Page Problems

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Responding to the September 11 attacks on US embassies in Libya and Egypt, Fox News correspondent Ralph Peters made this controversial statement: “Obama’s appeasement policy . . . won’t work against these radical Islamists. With people like these, when they kill four of yours, you have to kill 400 of theirs.”

Peters’ outrageous, counterintuitive “defense plan” is more a cynical observation than a suggestion. It reminds me of a scene of hillbilly justice portrayed in Lawless, a movie set in 1930s Virginia, during the Prohibition era. As thugs from one group prepare to kill two bootleggers from another, one young victim cries out his name and where he is from. The leader of the attackers immediately releases the boys and punishes his own men for what they were about to do, explaining in disgust, “The last thing I need is a blood feud coming after me.” We kill two of theirs, they’ll kill 200 of ours. So we don’t kill their two.

The title Lawless obviously refers to the renegade behavior of the film’s moonshining protagonists, but it also refers to the corrupt police officers who look the other way while they get their share of both the hooch and the profits. More importantly, the title refers to the kind of violent thuggery that often erupts in the absence of sensible laws — laws that protect property rights, the freedom to choose, and the freedom to be left alone. Without a legal framework of basic rights enforced by judges, tyrants generally rise up to fill the void and enforce their own “laws.”

Lawlessis based on the true story of the Boudrant brothers, Howard (Jason Clarke), Forrest (Tom Hardy), and Jack (Shia LeBeouf), who operate a moonshine business in the hills of Virginia. Forrest is something of a legend in the area because he has survived so many life-threatening events: for example, injuries sustained during World War I, the Spanish flu that killed both Boudrant parents, and violent attacks by would-be robbers. In the film he is a complex character, fiercely protective of family and friends but with an indifference to pain and just a hint of sadism that makes him unpredictable and dangerous. He is a sympathetic foil for the antagonist in the story, Charlie Rakes (Guy Pearce), a fancy-dressed germaphobe with more than that hint of sadism; he’s cold, he’s mean, and he likes it. A big-city lawman from Chicago, Rakes is sent to Virginia to clean out the stills, but instead he demands a cut of the action from all the moonshiners in the area, using the local law officials to enforce his new regime. When the Boudrant brothers refuse to pay, a backwoods war breaks out.

Narrating the story is the youngest Boudrant brother, Jack, a gentle soul who eschews violence and would rather spend his time hanging out with his best friend Cricket (Dane DeHaan) and wooing his Mennonite girlfriend Bertha (Mia Wasikowska). But when his brothers are attacked, Jack defends the family’s honor. He takes over the business, despite the added risks involved in transporting the hooch past Rakes’ mob of outlaw lawmen. Because fewer moonshiners are willing to take that risk, Jack can demand higher prices. Like drug dealers today, he takes advantage of the profits created by the government ban and spends his newfound cash on fancy clothes and fancier cars. Predictably, his gentle character begins to harden.

Rakes is sent to Virginia to clean out the stills, but instead he demands a cut of the action from all the moonshiners in the area, using the local law officials to enforce his new regime.

The film has moments of bloody violence, including a scene reminiscent of the groundbreaking shootout that occurred midway through Bonnie and Clyde (1967) and pushed the limits of acceptability. But Lawless also has moments of sublime beauty, especially in the musical score, which is filled with folk music of the Virginia hills. Tom Hardy continues to stretch his acting muscles with another knockout performance as Forrest. Hardy first caught my attention in Inception (2010), then as the conflicted Ricki Tarr in last year’s Tinker, Tailor, Soldier, Spy and as Bane in The Dark Knight Rises. He even stood out as the lovestruck political assassin in the lightweight This Means War. I can’t wait to see what he does with the title role in the upcoming Mad Max: Fury Road.

My favorite part of this film occurs during the epilogue. We all know that Prohibition finally ended, so I’m not giving away too much to let you know that life changes in Virginia when the law is repealed. Mason jars filled with colorless “white lightning” fade into Mason jars filled with colorful fruits and vegetables. It is reported that one character finds work in a cotton mill, while another turns the family property into a farm — a tobacco farm, ironically. “Choose your poison” indeed. Yes, they could have engaged in legal employment all along, but let’s face it: labor follows the profits. Who is going to work in a factory or a fast-food joint for minimum wage when black market profits are so much more lucrative? Governments can ban access to certain products and activities, but they can’t ban the demand for those products and activities. And when supply is artificially limited through government intrusion, prices and profits go up. It’s simple arithmetic.

Lawless is a timely reminder of the unintended consequences that inevitably arise when governments try to mandate social behavior. Do-gooders in the early 20th century deemed drunkenness socially unacceptable, and outlawed the sale of booze. Crime syndicates, corrupt police, and shooting sprees were the unintended results. Missing the point, do-gooders followed in the footsteps of Prohibition with the War on Drugs, and untold misery has resulted: violent drug cartels, corrupt police, countless men and women languishing in prisons, and more shooting sprees. This week, Mayor Bloomberg brought the war against individual choice to new lows when he banned the sale of large sodas in New York City. Large sodas! Doesn’t he have more important things to worry about in the face of burgeoning welfare rolls, massive unemployment, and the skyrocketing price of public transportation? What new market distortions and legal corruption will result from this ridiculous ban on large soft drinks?

As a film, Lawless may not prove to be a timeless classic. But its themes are certainly timeless and, unfortunately, timely.


Editor's Note: Review of "Lawless," directed by John Hillcoat. The Weinstein Company, 2012, 115 minutes.



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