If You Don’t Like Rand Paul You’re NOT Going to Like the Future
If you’re not familiar with the profound effect the Federalist Society has had on America’s legal systems you should read up. Whatever you may think about the originalist perspective espoused by the Federalist Society it has transformed Constitutional jurisprudence. It’s no stretch to say that originalism frames every major Constitutional debate, regardless of its ultimate outcome. Recent, notable cases whose outcome turned on originalist issues include Heller v. DC (2nd Amendment), Citizens United (First Amendment), and each of the Obamacare lawsuits (Commerce Clause, 10th Amendment).
Did you know three sitting members of the Supreme Court are or were members? Or that the Federalist Society is only 29 years old. In short the Federalist Society is a legal powerhouse of Conservative and Libertarian lawyers, most of whom join the society in law school.
I write, however, about another similar, fantastic, student initiated, soon to be socio-political and economic powerhouse organization on the rise whose transformatory effect will eclipse, I predict, many times over in scope and import that of the Federalist Society. Statists beware–members of the Students for Liberty are coming to get you. Though yet small in number they fervently wish for pure unadulterated freedom, and intend to reduce government accordingly. They heart Murray Rothbard like Republicans luv Ronald Reagan. By the way have you read the autopsy of Reagan Rothbard wrote in 1989? It’s not very kind:
Eight years, eight dreary, miserable, mind-numbing years, the years of the Age of Reagan, are at long last coming to an end. These years have surely left an ominous legacy for the future: we shall undoubtedly suffer from the after-shocks of Reaganism for years to come. But at least Himself will not be there, and without the man Reagan, without what has been called his “charisma,” Reaganism cannot nearly be the same. Reagan’s heirs and assigns are a pale shadow of the Master, as we can see from the performance of George Bush. He might try to imitate the notes of Reagan, but the music just ain’t there. Only this provides a glimmer of hope for America: that Reaganism might not survive much beyond Reagan.
Reagan the Man
Many recent memoirs have filled out the details of what some of us have long suspected: that Reagan is basically a cretin who, as a long-time actor, is skilled in reading his assigned lines and performing his assigned tasks. Donald Regan and others have commented on Ronald Reagan’s strange passivity, his never asking questions or offering any ideas of his own, his willingness to wait until others place matters before him. Regan has also remarked that Reagan is happiest when following the set schedule that others have placed before him. The actor, having achieved at last the stardom that had eluded him in Hollywood, reads the lines and performs the action that others – his script-writers, his directors – have told him to follow.
Carrying on, as SFL is not quite 4 years old (it was founded in 2007) SFLers are just barely arriving to socio-political launching pads such as graduate schools, Wall Street, political offices, and law schools. If the Federalist Society could change the course of legal discourse in America, SFL will transform America’s political landscape towards the cause of individual freedom. You’ll know SFL has arrived when Fox devotes a prime time television slot to someone like a Jack Hunter, or John Stossel. Don’t forget where you heard it first.
Finally, here’s a look at the type of discourse common amongst SFLers. If you’re not familiar with the “classic “minarchism” versus “anarchism”” debate, pack a lunch.
On Conservatism: Why Rational Social Calculation is Doomed to Failure:
After our heated debate last week against conservative students, I thought it *prudential* to continue the conversation, if only to shed light on a variety of lingering arguments, deepen insight, and continue the battle of ideas.
Conservatism is ultimately logically incoherent because it is systemically flawed. The problem of rational calculation as described in the Austrian tradition plagues conservatism as much as it does socialism. Let’s explore how both right and left lead to the same outcome.
The problem of calculation in the market is an epistemological issue: how do we know when to use steel or platinum when building a railroad? How do we determine prices for a skiing match as opposed to a curling match? We know these things because the market is a revelatory and communicative process whereby individuals coordinate plans as circumstances change and knowledge accumulates. Entrepreneurs fuel the ebb and tide of information flows as they discover opportunities to reap benefits from market exchanges, create value, produce what is desirable, and abandon what is undesirable. The market process is evolutionary rather than rationally planned. Similarly, the market in ideas and traditions helps us understand why some behaviors are desirable and others undesirable. How do we know, after all, that it is bad to steal from others? How do we know not to ruin our lives with drugs? Only through an organic and revelatory process of evolution in which individuals collide and form religious, familial, and community institutions are they able to understand how to live peacefully, prudently, and virtuously. As times and circumstances change, individuals adapt by responding to one another and adjusting their expectations. To achieve social order, there is no central planner to pick what we buy; there is no philosopher king to tell us how to live.
This organic process is not without rules or restraint; it depends on some systemic protection of rights that will keep individuals from infringing upon one another’s lives and properties. If I adopt a rights-based framework for society, conservatives will typically respond by arguing that my advocacy of property rights stems from a subjective ethical preference just as much as their advocacy of virtue stems from a subjective ethical preference. Doesn’t this amount to moral relativism?
This is an interesting critique of natural rights theory, and it comes down to my ability to explain where rights come from. But where does this lead us? Conservatives will make an objective ethical preference (“virtue” or “prudence”) and claim a monopoly on force to legislate based on that preference. I am willing to concede that my inability to explain where rights originate may make me incapable of using a monopoly on force to legislate based on my preference (“property rights”). I will be open to the claim that alternative institutions within civil society can enforce property rights. One may engage in the classic “minarchism” versus “anarchism” debate here and draw his or her own conclusions.



