The Big Flaw in Libertarianism

If companies are left to fend for themselves, and sink or swim without any sort of legislative or other governmental action that favors them over others, then, yes, they will be effectively (and brutally) regulated by the marketplace...

The problem with this dogma is that as a poorly managed, inefficient business begins to struggle in the ‘brutal’ marketplace, its owners will cut corners in an attempt to survive, endangering the lives and safety of both employees and consumers. The damage inflicted on society would be considerable until such time as the business ‘dies.’
 
If companies are left to fend for themselves, and sink or swim without any sort of legislative or other governmental action that favors them over others, then, yes, they will be effectively (and brutally) regulated by the marketplace...

The problem with this dogma is that as a poorly managed, inefficient business begins to struggle in the ‘brutal’ marketplace, its owners will cut corners in an attempt to survive, endangering the lives and safety of both employees and consumers. The damage inflicted on society would be considerable until such time as the business ‘dies.’

Couldn't employees simply quit?

Couldn't consumers simply stop buying the product?

Shouldn't individuals be responsible for their own choices?
 
If companies are left to fend for themselves, and sink or swim without any sort of legislative or other governmental action that favors them over others, then, yes, they will be effectively (and brutally) regulated by the marketplace...

The problem with this dogma is that as a poorly managed, inefficient business begins to struggle in the ‘brutal’ marketplace, its owners will cut corners in an attempt to survive, endangering the lives and safety of both employees and consumers. The damage inflicted on society would be considerable until such time as the business ‘dies.’


^ It doesn't always need to be charismatic to be valid point.
 
What do you think the General Welfare clause is?


"Our tenet ever was that Congress had not unlimited powers to provide for the general welfare, but were restrained to those specifically enumerated, and that, as it was never meant that they should provide for that welfare but by the exercise of the enumerated powers, so it could not have been meant they should raise money for purposes which the enumeration did not place under their action; consequently, that the specification of powers is a limitation of the purposes for which they may raise money. ." - Thomas Jefferson




"They are not to do anything they please to provide for the general welfare, but only to lay taxes for that purpose. To consider the latter phrase not as describing the purpose of the first, but as giving a distinct and independent power to do any act they please which may be good for the Union, would render all the preceding and subsequent enumerations of power completely useless. It would reduce the whole instrument to a single phrase, that of instituting a Congress with power to do whatever would be for the good of the United States; and as they sole judges of the good or evil, it would be also a power to do whatever evil they please...Certainly no such universal power was meant to be given them. It was intended to lace them up straightly within the enumerated powers and those without which, as means, these powers could not be carried into effect.- Madison

"With respect to the two words 'general welfare,' I have always regarded them as qualified by the detail of powers connected with them. To take them in a literal and unlimited sense would be a metamorphosis of the Constitution into a character which there is a host of proofs was not contemplated by its creators." --James Madison

Yet another ‘big flaw’ with regard to libertarianism: the inability (or unwillingness) of its disciples to accept the principals of judicial review and the rule of law. The Supreme Court determines what the Constitution means, consequently the Constitution exists only in the context of its case law.
 
What do you think the General Welfare clause is?


"Our tenet ever was that Congress had not unlimited powers to provide for the general welfare, but were restrained to those specifically enumerated, and that, as it was never meant that they should provide for that welfare but by the exercise of the enumerated powers, so it could not have been meant they should raise money for purposes which the enumeration did not place under their action; consequently, that the specification of powers is a limitation of the purposes for which they may raise money. ." - Thomas Jefferson




"They are not to do anything they please to provide for the general welfare, but only to lay taxes for that purpose. To consider the latter phrase not as describing the purpose of the first, but as giving a distinct and independent power to do any act they please which may be good for the Union, would render all the preceding and subsequent enumerations of power completely useless. It would reduce the whole instrument to a single phrase, that of instituting a Congress with power to do whatever would be for the good of the United States; and as they sole judges of the good or evil, it would be also a power to do whatever evil they please...Certainly no such universal power was meant to be given them. It was intended to lace them up straightly within the enumerated powers and those without which, as means, these powers could not be carried into effect.- Madison

"With respect to the two words 'general welfare,' I have always regarded them as qualified by the detail of powers connected with them. To take them in a literal and unlimited sense would be a metamorphosis of the Constitution into a character which there is a host of proofs was not contemplated by its creators." --James Madison

Yet another ‘big flaw’ with regard to libertarianism: the inability (or unwillingness) of its disciples to accept the principals of judicial review and the rule of law. The Supreme Court determines what the Constitution means, consequently the Constitution exists only in the context of its case law.

Fail.

And you were doing so well too.
 
What do you think the General Welfare clause is?


"Our tenet ever was that Congress had not unlimited powers to provide for the general welfare, but were restrained to those specifically enumerated, and that, as it was never meant that they should provide for that welfare but by the exercise of the enumerated powers, so it could not have been meant they should raise money for purposes which the enumeration did not place under their action; consequently, that the specification of powers is a limitation of the purposes for which they may raise money. ." - Thomas Jefferson




"They are not to do anything they please to provide for the general welfare, but only to lay taxes for that purpose. To consider the latter phrase not as describing the purpose of the first, but as giving a distinct and independent power to do any act they please which may be good for the Union, would render all the preceding and subsequent enumerations of power completely useless. It would reduce the whole instrument to a single phrase, that of instituting a Congress with power to do whatever would be for the good of the United States; and as they sole judges of the good or evil, it would be also a power to do whatever evil they please...Certainly no such universal power was meant to be given them. It was intended to lace them up straightly within the enumerated powers and those without which, as means, these powers could not be carried into effect.- Madison

"With respect to the two words 'general welfare,' I have always regarded them as qualified by the detail of powers connected with them. To take them in a literal and unlimited sense would be a metamorphosis of the Constitution into a character which there is a host of proofs was not contemplated by its creators." --James Madison

Yet another ‘big flaw’ with regard to libertarianism: the inability (or unwillingness) of its disciples to accept the principals of judicial review and the rule of law. The Supreme Court determines what the Constitution means, consequently the Constitution exists only in the context of its case law.

Yet you are not able to explain WHY this inability is flawed.

Try again.
 
Nice circle jerk :thup:

It's logically flawed to say that judicial review is the last word in dispute resolution, as has been postulated by fervent defenders of libertarianism in this very thread, and also maintain an unwillingness to accept the fundamental principles of judicial review itself.

I know you won't actually take this criticism seriously, just make sure you mop up when you're done.
 
Nice circle jerk :thup:

It's logically flawed to say that judicial review is the last word in dispute resolution, as has been postulated by fervent defenders of libertarianism in this very thread, and also maintain an unwillingness to accept the fundamental principles of judicial review itself.

I know you won't actually take this criticism seriously, just make sure you mop up when you're done.
The ultimate judicial review is the jury box...But you already knew I'd say that.
 
Nice circle jerk :thup:

It's logically flawed to say that judicial review is the last word in dispute resolution, as has been postulated by fervent defenders of libertarianism in this very thread, and also maintain an unwillingness to accept the fundamental principles of judicial review itself.

I know you won't actually take this criticism seriously, just make sure you mop up when you're done.
The ultimate judicial review is the jury box...But you already knew I'd say that.

So you're obliviously disagreeing with the guy whose cock your tugg'n on.

Even better. :rofl:
 
If companies are left to fend for themselves, and sink or swim without any sort of legislative or other governmental action that favors them over others, then, yes, they will be effectively (and brutally) regulated by the marketplace...

The problem with this dogma is that as a poorly managed, inefficient business begins to struggle in the ‘brutal’ marketplace, its owners will cut corners in an attempt to survive, endangering the lives and safety of both employees and consumers. The damage inflicted on society would be considerable until such time as the business ‘dies.’

Couldn't employees simply quit?

Couldn't consumers simply stop buying the product?

Shouldn't individuals be responsible for their own choices?

heres the answer to all of those questions

[ame]http://www.amazon.com/The-Jungle-Uncensored-Original-Edition/dp/1884365302[/ame]
 
Nice circle jerk :thup:

It's logically flawed to say that judicial review is the last word in dispute resolution, as has been postulated by fervent defenders of libertarianism in this very thread, and also maintain an unwillingness to accept the fundamental principles of judicial review itself.

I know you won't actually take this criticism seriously, just make sure you mop up when you're done.
The ultimate judicial review is the jury box...But you already knew I'd say that.

So you're obliviously disagreeing with the guy whose cock your tugg'n on.

Even better. :rofl:
I tug nobody's junk...And libertarians aren't a monolith.

And here I was foolishly under the mistaken impression that you wanted to have a serious adult conversation, for a change. :fu:
 
"Our tenet ever was that Congress had not unlimited powers to provide for the general welfare, but were restrained to those specifically enumerated, and that, as it was never meant that they should provide for that welfare but by the exercise of the enumerated powers, so it could not have been meant they should raise money for purposes which the enumeration did not place under their action; consequently, that the specification of powers is a limitation of the purposes for which they may raise money. ." - Thomas Jefferson




"They are not to do anything they please to provide for the general welfare, but only to lay taxes for that purpose. To consider the latter phrase not as describing the purpose of the first, but as giving a distinct and independent power to do any act they please which may be good for the Union, would render all the preceding and subsequent enumerations of power completely useless. It would reduce the whole instrument to a single phrase, that of instituting a Congress with power to do whatever would be for the good of the United States; and as they sole judges of the good or evil, it would be also a power to do whatever evil they please...Certainly no such universal power was meant to be given them. It was intended to lace them up straightly within the enumerated powers and those without which, as means, these powers could not be carried into effect.- Madison

"With respect to the two words 'general welfare,' I have always regarded them as qualified by the detail of powers connected with them. To take them in a literal and unlimited sense would be a metamorphosis of the Constitution into a character which there is a host of proofs was not contemplated by its creators." --James Madison

Yet another ‘big flaw’ with regard to libertarianism: the inability (or unwillingness) of its disciples to accept the principals of judicial review and the rule of law. The Supreme Court determines what the Constitution means, consequently the Constitution exists only in the context of its case law.

Fail.

And you were doing so well too.

The supreme court interpreted the constitution to give themselves an unenumerated power that supposedly supersedes both of the other branches. In one fell swoop they gave themselves a monopoly on the interpretation and manipulation of language.

As I have pointed out in the past...The Supreme Court exists because of the constitution so therefore it exists solely in the context of the constitution not the other way around and definitely not outside of it as they seem to believe.
 
Yet another ‘big flaw’ with regard to libertarianism: the inability (or unwillingness) of its disciples to accept the principals of judicial review and the rule of law. The Supreme Court determines what the Constitution means, consequently the Constitution exists only in the context of its case law.

Fail.

And you were doing so well too.

The supreme court interpreted the constitution to give themselves an unenumerated power that supposedly supersedes both of the other branches. In one fell swoop they gave themselves a monopoly on the interpretation and manipulation of language.

As I have pointed out in the past...The Supreme Court exists because of the constitution so therefore it exists solely in the context of the constitution not the other way around and definitely not outside of it as they seem to believe.

What else is interpretation? You sound like spoiled child that didn't get their way.
 
Couldn't employees simply quit?

At what point would an employee know when to ‘quit,’ when a co-worker is seriously injured?

Couldn't consumers simply stop buying the product?

As with the employee, when would consumers know when a product is unsafe?

Shouldn't individuals be responsible for their own choices?

Provided they have the facts to make informed choices. Businesses fail to disclose frequently, even in this current regulatory environment.
 
The ultimate judicial review is the jury box...But you already knew I'd say that.

So you're obliviously disagreeing with the guy whose cock your tugg'n on.

Even better. :rofl:
I tug nobody's junk...And libertarians aren't a monolith.

And here I was foolishly under the mistaken impression that you wanted to have a serious adult conversation, for a change. :fu:

I can do both.

So fuck you if you can't take a joke. :cool:
 
The discussion about smokers rights is an interesting one. There are several questions that I think need to be asked when assigning fault in these situations.

Could any lawful action have been taken to prevent harm to yourself?
If so, were these actions taken?

Liberty doesn't mean you have the right to never be inconvenienced. If someone is smoking around me then I can ask them to stop, if they refuse I can walk away. Choosing to stay is an acquiescence. Freedom isn't a passive state. This idea is what brought us the nanny state. too many people seem to think that freedom is bestowed upon them by the government and therefore it is the governments job to step in and prevent any possible infringement and failing that get reparations. This is like giving the government property rights on freedom and on us by proxy. Liberty can be a double edged sword and no one is saying that everything will be rainbows and puppy dogs in a libertarian society but you have to take the good with the bad sometimes. How much is freedom worth? Ultimately, people should be required to exercise their freedom to protect themselves. If I am required to be on public lands and I am being subjected to second hand smoke then that is another matter completely. I would be forced to choose between potentially violating the law or subjecting myself to harmful toxins, both are a violence so it's a no win situation.
 
If companies are left to fend for themselves, and sink or swim without any sort of legislative or other governmental action that favors them over others, then, yes, they will be effectively (and brutally) regulated by the marketplace...
The problem with this dogma is that as a poorly managed, inefficient business begins to struggle in the ‘brutal’ marketplace, its owners will cut corners in an attempt to survive, endangering the lives and safety of both employees and consumers. The damage inflicted on society would be considerable until such time as the business ‘dies.’

No it wouldn't. If a mismanaged company starts to cut corners it will fail faster because things get worse when you cut corners, only idiots think cutting corners makes things better.
 

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