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March 6 - March 23, 2018
At a minimum, the federal courts could no longer be counted on to defer reflexively to states’ rights arguments. More concerning was the likelihood that the high court would be more willing to intervene when presented with compelling evidence that a state action was in violation of the Fourteenth Amendment’s guarantee of “equal protection” under the law. States’ rights, in effect, were yielding in preeminence to individual rights.
Find the resources, he proposed to Darden, for me to create a new center on the campus of the University of Virginia, and I will use this center to create a new school of political economy and social philosophy. It would be an academic center, rigorously so, but one with a quiet political agenda: to defeat the “perverted form” of liberalism that sought to destroy their way of life, “a social order,” as he described it, “built on individual liberty,”
the utterly chilling story of the ideological origins of the single most powerful and least understood threat to democracy today: the attempt by the billionaire-backed radical right to undo democratic governance.
a stealth bid to reverse-engineer all of America, at both the state and the national levels, back to the political economy and oligarchic governance of midcentury Virginia, minus the segregation.
In 2010, the brilliant investigative journalist Jane Mayer alerted Americans to the fact that two billionaire brothers, Charles and David Koch, had poured more than a hundred million dollars into a “war against Obama.”
the program Buchanan had first established at the University of Virginia in 1956 and later relocated to George Mason University, the one meant to train a new generation of thinkers to push back against Brown and the changes in constitutional thought and federal policy that had enabled it,
What animated Buchanan, what became the laser focus of his deeply analytic mind, was the seemingly unfettered ability of an increasingly more powerful federal government to force individuals with wealth to pay for an increasing number of public goods and social programs they had had no personal say in approving.
To Buchanan, what others described as taxation to advance social justice or the common good was nothing more than a modern version of mob attempts to take by force what the takers had no moral right to: the fruits of another person’s efforts. In his mind, to protect wealth was to protect the individual against a form of legally sanctioned gangsterism.
Buchanan believed with every fiber of his being that if what a group of people wanted from government could not, on its own merits, win the freely given backing of each individual citizen, including the very wealthiest among us, any attempt by that group to use its numbers to get what it wanted constituted not persuasion of the majority but coercion of the minority, a violation of the liberty of individual taxpayers.
For all its fine phrases, what this cause really seeks is a return to oligarchy, to a world in which both economic and effective political power are to be concentrated in the hands of a few. It would like to reinstate the kind of political economy that prevailed in America at the opening of the twentieth century, when the mass disfranchisement of voters and the legal treatment of labor unions as illegitimate enabled large corporations and wealthy individuals
Months before a conservative Congress passed the 1947 Taft-Hartley Act, called “the Slave Labor Act” by critics and passed over President Harry Truman’s veto, the state’s governor had signed a pioneering “right-to-work” law to weaken labor unions.
President Eisenhower was not particularly interested in assisting integration, as he more than once made clear, but he worried that he could not maintain face as the leader of the free world if he ignored this affront to the nation’s legal system, one the Soviet Union was broadcasting to the world.
White southerners who opposed racial equality and economic justice knew from their own region’s history that the only way they could protect their desired way of life was to keep federal power at bay, so that majoritarian democracy could not reach into the region. That is why Harry Byrd was Barry Goldwater’s “philosophical soul mate,” in the words of Byrd’s biographer.18
the twentieth-century libertarian directed hostility toward college students, public employees, recipients of any kind of government assistance, and liberal intellectuals. His intellectual lineage went back to such bitter establishment opponents of Populism as the social Darwinists Herbert Spencer and William Graham Sumner.
On September 11, 1973, General Augusto Pinochet led a successful coup that overthrew the elected socialist government of President Salvador Allende in Chile. Ruling in the name of economic liberty, the Pinochet junta became one of the most notorious authoritarian regimes in recent history. With mass killings, widespread torture, and systematic intimidation, Pinochet’s forces crushed the trade union movement, vanquished the rural farmers seeking land reform, stifled student activism, and imposed radical and unpopular changes in schooling, health care, social security, and more. As Orlando
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The military officers who led the coup concluded that, once in power, not only did they have to reverse the gains that had been made under elected governments, but they also wanted to find a way to ensure that Chileans never again embraced socialism, no matter how strong the popular cries for reform.3 The solution they came up with was to rewrite the nation’s constitution to forever insulate the interests of the propertied class they represented from the reach of a classic democratic majority.
The same cannot be said of James Buchanan. His impact is still being felt today. For it was Buchanan who guided Pinochet’s team in how to arrange things so that even when the country finally returned to representative institutions, its capitalist class would be all but permanently entrenched in power.
“Democratic processes are held back by authoritarian trammels,” President Bachelet complained in 2014. “We want a constitution without locks and bolts.”50
Many liberals then and since have tended to miss this strategic use of privatization to enchain democracy, at worst seeing the proposals as coming simply from dogma that preferred the private sector to the public.
The signers promised that if the American people voted Republican, giving them the majority of seats, their new majority would bring up every item of the contract for a vote within the first one hundred days of the 104th Congress. They would radically “transform the way Congress works.”
Those who subscribe to the libertarian philosophy believe that the only legitimate role of government is to ensure the rule of law, guarantee social order, and provide for the national defense. That is why they have long been fervent opponents of Medicare, Medicaid for the poor, and, most recently, Obamacare. The House budget chairman, Paul Ryan, has explained that such public provision for popular needs not only violates the liberty of the taxpayers whose earnings are transferred to others, but also violates the recipients’ spiritual need to earn their own sustenance.
the nations with the fewest veto players have the least inequality, and those with the most veto players have the greatest inequality. Only the United States has four such veto players. All four were specified in the slavery-defending founders’ Constitution: absolute veto power for the Senate, for the House, and for the president (if not outvoted by a two-thirds majority), and a Constitution that cannot be altered without the agreement of two-thirds of the states after Congress.
“Democracy,” the towering African American historian John Hope Franklin observed in the midst of World War II, “is essentially an act of faith.”96 When that faith is willfully exterminated, we should not be surprised that we reap the whirlwind. The public choice way of thinking, one sage critic warned at the time James Buchanan was awarded the Nobel Prize in Economic Sciences, is not simply “descriptively inaccurate”—indeed, “a terrible caricature” of how the political process works.

