Friday, May 06, 2005

Redeeming the Promise of Liberty

These are excerpts of Part VII of my series, "Practical Libertarianism for Americans."

I ended Part VI by saying that
liberty has been vanquished in the mistaken belief (or hope) that government can effectively and efficiently make us better off, salve our woes, and put an end to social and racial divisions. To those ends, the governed and their governors, walking hand in hand, have taken liberty for a stroll down a slippery slope. Every step they have taken down that slope has made more problematic our journey back up the slope.
Is it possible to journey back up the slope -- even part of the way -- toward something resembling liberty? And if so, by what route?...

At this moment in history, federalism seems the most promising option because the Left is now beginning to understand that the power of the federal government may be used not only to advance its agenda but also to thwart that agenda. Leftists, like conservatives and pragmatic libertarians, may be willing to settle for a "good" solution rather than hold out for the "best" of all possible worlds. But, as I will explain, the way to federalism isn't through a collaboration between Left and Right....

The Left's vision of federalism is to devolve the central government's acquired anti-libertarian powers to somewhat less remote commissars at the State and local level. The Left simply isn't to be trusted as a partner in the shaping of a new federalism. A pro-libertarian federalism would not only limit the power of the central government but would also limit the power of State and local governments to advance the Left's anti-libertarian agenda.

The only way to advance pro-libertarian federalism is to ensure that the Left neither controls the central government nor has little influence over its policies. This is especially true of the Supreme Court....

Something resembling pro-libertarian federalism will come about only if a Republican president, aided by a strongly Republican Senate, is able to stock the courts with judges who are committed to the restraint of government power -- at all levels of government....

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