So What Shouldn't be up for Vote?

In my last entry I discussed the limitations and problems with democracy, at least the unbridled version of it. However, I realized I wasn't very specific on what should be up for vote and what should not be. This is actually a very tricky question, unless of course you're an ideologue, i.e. everything should be up for vote or nothing.

Let's start with the obvious. The politicians that represent us should be elected by popular vote. Having problems with unbridled democracy is by no means supporting dictatorship. Even with a strong constitution and a rigidly defined version of federalism, the likes of Adolf Hitler, Josef Stalin, Mao Zedong and Benito Mussolini are going to find a way around them unless they are voted out (or preferably not voted in).

So what else? Well if I was an Ayn Rand obsessed objectivist I would say not much. Pure laizze faire capitalism should rule the day. However, while I lean libertarian, I do think there are places the government can intervene to help a little bit with out screwing up the economy or become totalitarian. I don't believe in massive wealth redistribution, a business-government compact, the military industrial complex or an over bloated affirmative action program for every minority there is, but some mild protections and maybe even a little welfare for the truly downtrodden is by no means out of the question.

Here's how I would break it down. The government's primary goal is to protect natural rights or negative liberty. By that I mean it should protect its citizens from threats to their well being either foreign (invasion, terrorism) or domestic (crime, persecution and the government itself). This epitomizes the classical liberal maxim espoused by the likes of John Locke and Adam Smith that your freedom to swing your fist ends where my nose begins. On the other hand, positive liberty, like the right to a home or healthcare, is really a misnomer because you can't give positive liberty to someone with out taking it from someone else.

Therefore, the federal government should deal almost solely with negative liberty. It should be there to provide a national defense and intrastate police force (like the US Marshalls) to chase down criminals that flee from one state to another and probably the major infrastructure such as the freeways. It should also override state decisions, but only in the negative. So for example, the Jim Crow laws should, and eventually were, be overturned by the federal government. I would probably be OK if the feds also overturned Proposition 8, which I discussed in the last entry. However, the federal government should not be handing out welfare to citizens in Alabama or telling how a small business in Deleware should be ran.

I would give the states more leeway though. Here I think citizens should be able to vote for more positive rights. Some welfare here and there, a couple regulations as well as on the tricky issues like abortion, for which it's debatable whether or not another person is involved. I would still leave things like outright socialism, discriminatory laws, denying gay rights and probably even denying the right to ingest whatever drugs you want off the table.

Why more power to the states? For several reasons. First, this creates a separation of powers where the federal government can prevent the states from denying people's rights while not having the power to do so itself. Secondly, the majority is more likely to actually represent people's opinions in a state because of the smaller and more homogenous populations involved. It always amazed how angry liberals got that major policies in California and Massachusetts are decided by people in Texas and Georgia, yet liberals still oppose state rights. Finally, even if a state enacts an atrocious law that the federal government fails to overturn it, it's much easier to move out of a state than out of the country. And if the United States goes wrong, a country founded on the thirst for freedom, where else do we have to go?

So there you have it. Under these guidelines the federal government could probably be funded by a small non-protective tariff and perhaps some corporate taxes. I'd probably let the state's citizen’s vote on how each state government should be funded even though this opens the possibility for those high taxes I dislike so much. I can always move to New Hampshire right? Anyways, I know it probably needs to be more refined, but it's a good start.