Month: July 2021

The Jackboot of Government

In the face of a surging pandemic, with infections rising daily across the country, you’d think that people would practice some common sense self-discipline. You’d also like to think that local governments would applaud and encourage anything that might turn back the tide. You would be wrong.

In the Granite State, Governor Chris Sununu has signed the “medical freedom” law ensuring that a COVID-19 vaccine can’t be required for entry to “access any public facility, any public benefit, or any public service.” This takes the state’s motto — “Live Free or Die” — to its logical extreme by making a mockery of those who just might want to live without the threat of contagion. “Live Free AND Die” might be more accurate.

In the Sunshine State, Governor Ron DeSantis — determined to show he’s got the chops to replace the former guy in the Oval Office — is trying to block any restriction on the cruise ship industry. The CDC thinks unvaccinated passengers should be barred from boarding a floating Petri dish; DeSantis disagrees, and would like the legislature to prohibit such restrictions by private companies, too. Not since Anita Bryant has any one person been such an embarrassment to Florida.

The Republican chorus decrying regulation has become farcical. If the market is going to decide, let it decide: the cruise ship industry isn’t asking to be free from CDC regulation and is perfectly capable of asking passengers to show proof of vaccine before boarding. It doesn’t need the jackboot of government regulators (the favored image of GOP antagonists to even sensible regulation) on its neck. Restaurants, concert venues, sports franchises — all can take sensible precautions, and should.

Indeed, as noted here, former GOP strategist (and McCain campaign manager) Steve Schmidt believes that such private pressure is the best way forward. And while I disagree with his assessment, I’ll also note the extreme irony of today’s straightjacketed Republicans: They can’t abide the idea of any public regulation, even those that protect the health of their own constituents; and now they can’t abide private actors who might have the temerity to suggest that hey, you can’t come in here if you might spread a deadly disease.

Did I say straightjacketed? They should be. Turns out the jackboot of government regulation fits them just fine.

The Consent of the Governed

I am still riled up about Steve Schmidt and vaccine mandates. Something has been bothering me about the libertarian streak in the Republican psyche — the part that wants to stop reading after the first five words of the First Amendment (“Congress shall make no law”). Something has been nagging at me, and until now I hadn’t been able to quite put my finger on it.

Libertarians are just one short step away from being anarchists: they prefer no laws, to laws that might regulate behavior or mandate safety standards of any kind (workplace, traffic, gun, drug, food, you name it). Because, you know, Freedom! And Liberty! “That government that governs least,” they declaim, “governs best.” We should all be Free and have the Liberty to decide what is best for ourselves, as individuals. And so we should, within limits. Setting those limits is the hard work of self-governance, something we as Americans think we’re quite good at. And we used to be.

Lately the “governs least” crowd has become the party of governs-not-at-all, by imposing parliamentary gridlock on Every. Single. Piece. Of. Legislation. A bill to rebuild our crumbling infrastructure? Not without sixty votes. To be clear: not without sixty votes to allow debate. The modern filibuster doesn’t require a supermajority to pass legislation; it requires a supermajority before the Senate can talk about legislation. If this strikes you as oddly undemocratic, you are not alone. It angers political observers at home, and bewilders those abroad. If de Tocqueville were writing today, “Democracy in America” would be a very different book indeed.

Self-styled libertarians like Rand Paul (R-KY) are one thing: they believe not in the concepts of liberty but in the soapbox a Senate or safe House seat provides them; they spout off because they can, and because their diatribes make good television back home and enrage the Other Side — whoever that might be. (As the latest Internet meme has it: Opposition to common-sense public health measures might be deadly, but at least we own the libs!)

Then there are more thoughtful libertarians, old-school Republicans like Steve Schmidt and Bill Kristol, who oppose “big government” because, well, it’s big and government should be small. People should be free to choose, they say, what is best for them: government shouldn’t decide for them. The problem with this argument, it seems to me, is right there in Jefferson’s text which they revere:

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed

Deriving their just powers from the consent of the governed: ten words that define, it seems to me, majority rule, the very essence of self-governance in what we call democracy. Here, finally, is what has been bothering me all along about libertarianism generally, and about the opposition to government vaccine and mask mandates: “Government shouldn’t tell me what to do,” is all well and good, but it’s not “government” telling you: it’s your friends and neighbors. They speak through government, by virtue of their greater numbers at the polls. They tell you. They limit your personal freedom, according to their collective wisdom.

This is not the Wild West, and this is not the world as we all might wish it should be: this is the world as it is, and as it is requires that we all abide by the same set of rules: rules that limit our personal freedom, so that our behavior doesn’t impinge on someone else’s rights; rules that limit what we sell as food, as drink, as medicine; regulation of construction materials and methods. Glass-Steagall wasn’t an arbitrary and capricious limitation on banking; it was enacted to remedy conditions that led to the Great Depression: it created rules and structure, within which banks could operate freely. They couldn’t be under-capitalized and they couldn’t take excessive risks. The erosion of Glass-Steagall over the years, culminating in its repeal in 1999, led directly to the Great Recession of 2008.

History might not repeat exactly, but it certainly echoes. It might benefit us all if the champions of Liberty! and Freedom! bore that in mind before spouting off.

Vaccine Mandates

A friend directed me to a thoughtful piece by Steve Schmidt regarding vaccine mandates. In this Twitter thread, Schmidt suggests that the way to achieve better vaccine compliance isn’t by vaccine mandate, per se; he prefers “incentives” such as barring admission to shows and restaurants, airline travel, public events and public spaces.

The piece presents as thoughtful to be sure, but when you cut through to the core it’s the same bullshit he’s been peddling for 30 years: freedom from regulation and let the market decide, because that fixes everything. It doesn’t and he knows it. He’s now caught in his own trap, and he’s desperate to get out without admitting he’s been worshiping a false god (free = unregulated) all this time.

As I’ve written elsewhere (here, and here, as well as here and here) the human capacity for cognitive dissonance is unlimited. Schmidt wants people to get the vaccine, but doesn’t want government to force them. Rather they should be persuaded by coercive forces — of government agencies like the FAA, of private parties like restauranteurs and producers. It seems to me that this is “regulation” by another name. But regulation bad, incentive good. This would be comic gold if it weren’t so deadly.

Schmidt decrees that, “NOBODY should be FORCED by the GOVT to take the vaccine. EVER…. That means never, ever.” Instead he’d coerce people to make the “right” choice by denying them access to public buildings, public spaces, public benefits… etc. That’s at best a distinction without a difference, and it’s utter crap. It’s the religion of “personal responsibility” and “freedom of choice” wrapped in fancy-dress, the same old whine in new bottles.

Schmidt and his ilk are all for “personal responsibility” and I am almost willing to take them at their word if, for example, I can deny them emergency medical care because they made the PERSONAL CHOICE to remain uninsured. They did so freely, after all, and (in Schmidt’s view) it was their choice to make: let them accept the consequences, and not come running to their fellow-citizens, the taxpayers of the United States, to be the insurer of last resort against their (objectively stupid) choices. Choices like going without health insurance, or building a house on a flood plain (and purchasing government flood insurance when private insurers turn them down, with reason), or rebuilding in the Rockaways after Hurricane Sandy took your home and everything in it out to sea.

Sure, Schmidt and Bill Kristol and a lot of others have been vocal for years about the former guy; and they’ve admitted they played a part in creating him and continue to express regret. It might be more helpful if they explained the role played by Newt Gingrich and his politics of personal destruction and demonization of The Other (i.e., anyone who stands in their path to power, mostly Democrats). Instead their road to Damascus conversions have only gone so far; they haven’t reconsidered their core beliefs, the things that made them Republicans in the first place and that (in my view) led us, inevitably, to the unhappy place we are now. When Ronald Reagan declared rhetorical war on the federal government, these folks took it a little too seriously and a little too much to heart.

Contrary to St. Ronald’s assertion, government is not always the problem and is often the solution, a fact easily demonstrated when (for example) an uninsured individual receives medical care in the ER, or when FEMA brings much-needed relief — food, water, medicine, temporary housing, and more — to flood and fire victims. Many of the beneficiaries — indeed, most of the beneficiaries — of such government largesse are people who resemble the people who stormed the Capitol far more than they do Rep. Alexandria Ocasio-Cortez or George Floyd. The politics of resentment and fear play an outsize role, distorting public policy and thwarting goals everyone can agree on, like pandemic recovery.

I should (and do) welcome Schmidt to the majority that acknowledges, unequivocally, that what happened January 6 was an insurrection and EVERYONE responsible should be brought to justice. But his argument about vaccine requirement fails to convince me. Government REQUIRES a measles vaccine, a mumps vaccine, a rubella vaccine, a polio vaccine; not many years ago a smallpox vaccine, too, was required. Why is this any different?

Government requires us to purchase auto insurance. It requires us to wear seatbelts; it requires cyclists to wear helmets. I could go on and on. These are not controversial obligations. They protect us from others and — to a lesser extent — from ourselves. Isn’t that the purpose of government? To institute the rules of a civil society?

Mr. Schmidt, I applaud your efforts; really, I do. But governments are instituted among men, as Jefferson had it, to secure our unalienable rights — life, liberty, and the pursuit of happiness. It’s not a stretch to suggest that life itself is easier without the threat of deadly disease, and that happiness is easier to pursue when we’re not worried about whether our neighbor has done the bare minimum to ensure his own health AND MINE. 

I’ve been fond of saying that there are very few things a national government must provide, but there is something much more fundamental than army, currency, or post office. Governments “derive their just powers from the consent of the governed,” and they exist to create, promulgate, and enforce the simple rules by which we all must live if we are to be a cohesive nation. Seatbelt laws were once controversial, but are no longer — and were instituted with the consent of the governed: that is, by simple majority. “Conceived in liberty and dedicated to the proposition that all men are created equal” is a noble ideal but it doesn’t give due respect and even homage to the more mundane aspects of self-governance. Like making sure we don’t kill each other through thoughtless, selfish, and stubborn refusal to consider our neighbors. Most of us think vaccine and mask mandates are a good idea. Get over it.