Kevin_Kennedy
Defend Liberty
- Aug 27, 2008
- 18,521
- 1,900
- 245
I didn't read Fox's post as saying or implying that it was "ok" to violate anybody's property rights.
I read her post as saying that the local government is more likely to be RESPONSIVE but that, failing that, we retain the right to move to a different state. Experimentation is thus much more practical within the States.
I do agree that "moving" is not the most viable of solutions. But there ARE checks on the power and authority of the States. It's just that SOME of the checks on government power are not the same at the state level as they are at the Federal level. And there are reasons for this. Good reasons.
No, she's saying everything that you are discussing here, but here's the part I objected to in bold:
Where I have found libertarians to be wishy washy is when they jump on the band wagon to want it to be illegal for schools to include intelligent design in the curriculum, for example, or who want there to be no zoning laws or other such restrictions imposed by local governments, or who demand that there be no creche on the Courthouse lawn, but they don't see liberty as the choice to HAVE zoning laws and such other restrictions in the local society or intelligent design in the school or a creche on the courthouse lawn as the people wish. The wishy washy libertarians don't see how the ACLU oversteps its purpose and actually becomes as oppressive as the government actions it claims it protects us against.
We cannot be free unless the people, in any given area, are free to form the society they wish to have, are allowed to be as narrow minded or broad minded as they feel led, are allowed to create an environment that the rest of us would not want on a bet. A tyranny of the minority is not possible in a society that is truly free. A tyranny of the majority won't happen if our unalienable rights are recognized and protected. But again, if the federal government is allowed to dictate to everybody what sort of society they must have, none of us are in any way free.
Zoning laws are laws that violate private property. People forming "the society they wish to have" is another example, because not everybody is going to agree. So if the society that the majority wishes to have violates the property rights of the minority, it's no better whatsoever than if the federal government does it. You're not free just because you can move to another state, just as you're not free because you could move to another country if it were the federal government. You're free when your private property rights are secure. Period.
Zoning laws at the local level are part of the social contract to protect property values and the character of the community. They should always be based on the majority will and agreement. And of course everybody is not going to agree, which is why social contract is based on the majority will. If the majority don't want zoning, there should be no zoning. If the majority do want zoning there should be zoning.
Freedom is the right to have it as the people collectively want their society to be without the right to demand that all other societies also conform. But the people themselves should have the right to make whatever rules they want in their own community that makes it possible for them to enjoy life, liberty, and the pursuit of happiness. And, if things are working out as expected, they should be able to change those rules for something different.
And if you don't like those laws, you should have every right to get together with other like minded folks and form a different kind of society that is more to your liking.
And still, the federal government should have no say in what the social contract will be. If we hand those rights to the federal government to administer, we have no rights of any kind at all.
Ok, I live on my property and want to form my own society where private property rights are respected. Am I now exempt from this "social contract" that I never signed saying that my property is forfeit to the majority of the people within an arbitrary set of borders?