Alex Knapp

One thing that’s overlooked by those who defend Ron Paul on civil liberties grounds is Paul’s staunch opposition to what I would argue is the greatest boon to liberty in American history: the 14th Amendment. If it were up to Ron Paul, it’d be removed from the Constitution, and he’s said so on numerous occasions. Not only because of his opposition to Birthright citizenship, but because of his opposition to applying the Bill of Rights to state governments.

The grand centerpiece of the 14th Amendment is this:

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Over the course of decades of jurisprudence, this portion of the Amendment has been interpreted into what is known as the “Incorporation Doctrine” – which basically says that the Bill of Rights applies to the actions of States, not just the Federal Government. (It’s been a bit haphazard – different parts of the different amendments have only been applied to the states ad hoc, over time, as cases come before the Supreme Court.)

It’s the Incorporation Doctrine that prevents states from imposing religious doctrines in schools. It’s the Incorporation Doctrine that prohibits states from abridging free speech. The Incorporation Doctrine that provides that states have to provide fair trials and compensation for eminent domain. It’s the Incorporation Doctrine that says that state governments infringe on the right to bear arms.

A President Paul may not be able to override Congress on matters of foreign policy and the drug war. But I don’t think he’ll have any problem getting ultra-conservative judges who take a dim view of the Incorporation Doctrine appointed to the Bench – there are definitely legal circles where this is a popular position. He might not be able to get the 14th Amendment repealed, but I wouldn’t be terribly surprised if he made a good go at it. If not through outright repeal, then by passing legislation limiting the jurisdiction of the courts over different state government issues (he’s introduced legislation in the past to this effect).

It’s precisely for this opposition to Incorporation that’s made Ron Paul popular among politically conservative Evangelicals. As Benjy Sarlin notes:

[Rev. Phillip] Kayser and other endorsers praise Paul’s opposition to federal encroachment on states’ rights, especially via the judicial system. The idea is that even if they don’t agree with him on individual issues, Paul’s ideological belief that almost all federal intervention into states laws are unconstitutional would give them more latitude to restrict abortion and gay rights in their own states and communities.

In an interview with TPM, Christopher J. Neuendorf, pastor of Holy Cross Evangelical Lutheran Church in Davenport, Iowa described this “liberty” as Paul’s chief selling point.

Historically speaking, and especially in the last 70 years, the biggest battles for civil liberties have been against infringements by state governments. And the Incorporation Doctrine has been key to that battle in stopping those infringements. But a Ron Paul Presidency would lead to a weakening, if not eventual outright reversal, of Incorporation. Leaving state governments once again able to attack civil liberties more vigorously.

Nehemiah Scudder was a non-interventionist, too.

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My colleague Ryan Bonneville won the coveted Moore Award Nomination on Andrew Sullivan’s for this quote from his defense of Ron Paul.

By all accounts, Barack Obama is a nice guy. He’s a good father, a good husband, a family man. To hear his supporters tell the story, he really is a liberal in his very heart who has just been constrained by the circumstances. Maybe that’s all true. Let’s, again, stipulate it. It still remains the case that he governs like a mass-murdering sociopath. He kills brown people on the other side of planet because he feels like it. He thinks there is nothing particularly problematic about ordering the execution of American citizens without a trial. And, lest we forget, he is responsible for more deportations than any other president. Ever. If salvation requires faith and good works, this is a man who will burn in hell.

I like and respect Ryan a lot. But this is a profoundly wrong statement. Profoundly. As is his belief that a Ron Paul Presidency would be better for peace or civil liberties.

A qualified defense of Obama

First, let me make a qualified defense of Obama’s foreign policy, and that defense is simply this – it is the most constrained of the past 50 years.

  • He respected Iraq’s sovereignty by pulling troops out of Iraq according to the terms of the SOFA. That’s a big deal. He had no small amount of political pressure on him to keep troops in Iraq longer. He didn’t.
  • He has accelerated action against al-Qaeda and its allies, as part of his duty to execute the laws of the United States. Please do recall that the Congress of the United States (including Representative Ron Paul) authorized action against al-Qaeda, a terrorist organization that, you may recall, has committed several acts of terrorism against the United States. He has been successful in this endeavor, and strives to the best of his ability to enlist allies in this cause. In so doing, he has pretty much broken the back of the organization and taken out Osama bin Laden. He’s done so in a restrained, targeted way. Has it been perfect? Not at all. Do I have criticisms of some of the ways he’s chosen to fight this conflict? I absolutely do. Have their been civilian casualties in this war that could have been avoided? Almost certainly.

    But that’s a far cry from killing “brown people on the other side of planet because he feels like it.” And unless Ryan is advocating that we take no further action against al-Qaeda operations at all, there’s no way to avoid this. People who shouldn’t die will die. That’s awful. It should be assiduously avoided. But Obama’s actions have not been sociopathic, and saying otherwise is a lie.

  • He successfully managed a NATO action that assisted Libyan revolutionaries into toppling their dictator. Without a single boot on the ground or attempt at post-war occupation. Do I think he should have? No. Do I wish he’d sought the consent of Congress? Yes, absolutely I do. But as someone who reads a lot of history, I admire the restraint in his actions – we did pretty much what was necessary to accomplish the mission and not a whit more.
  • There have been other good things, too. Dealing with Somali pirates. Rebuilding relationships with Europe. Strengthening our ties and support for international law and the United Nations. Improving trade agreements, etc.

Is Barack Obama’s foreign policy my preferred foreign policy? No. Is it the best I could expect from Obama’s campaigning, the will of the American people, and the political realities on the ground? Um, yeah – it pretty much is. He could be a lot worse. He really, really could. Ignoring Obama’s restraint is a mistake in judging what he’s done. Ignoring that reality is what it is and not what we want to be in our dreams.

Second, let me say that I, for the most part, agree that the government should not target U.S. citizens for assassinations. But I also recognize that in an age where stateless, quasi-militant groups that wage war on governments exist, lines can get fuzzy. The law has not caught up to the facts on the ground yet, and Obama has to deal with a Congress that wouldn’t even let him close down Gitmo because they were terrified of the prospect that we might remand prisoners to SuperMax federal penitentiaries. That doesn’t do anything to reassure me that any rational law is going to be passed on these complicated issues anytime soon. Obama made a call about people who’ve associated themselves with the enemies of the United States. I vehemently disagree with that call – but again, calling those actions sociopathic is a step too far. It ignores the complicated ethical considerations of the situation, the politics of it, and the security issues. It’s not a black and white issue. It’s muddy and messy and gray.

Third, on deportations. I think that it’s completely unfair to complain that the executive is doing his job. I don’t like our immigration laws. I fully support a path to legality and citizenship for illegal immigrants currently residing in the United States. But that’s not the law. Obama’s job is to enforce the law. The law says that people who violate certain immigration laws get deported. So lets give credit where credit is due: yes, Obama has increased deportations, but just a few months ago, he instituted new rules to focus on deporting criminals and dismissing deportation cases against “those illegal immigrants who pose little threat to public safety.” That’s a pretty damn good thing for him to do to preserve the law while still acting humanely.

How Ron Paul Will Devastate Peace and Civil Liberties

Now, against this – let’s take Ron Paul at his word when it comes to his foreign policy and other policies, along with the reality and politics on the ground. When we do that, I would contend that Ron Paul would make things worse, not better, for these issues.

Let’s start with immigration – Paul is well to the right on immigration, and very much in line with a large contingent of Republican political leaders. I’m operating on the assumption that President Paul is elected in a way where Republicans keep the House and take the Senate back. So I’m assuming that he’ll get the immigration policies he wants. That means more border security, no “amnesty”, and an end to birthright citizenship. (The latter requires a Constitutional amendment, which he probably won’t get. But a law to that effect might get tied up in the courts for awhile.)

More border security means more guards at the border. More fences. More drones. Ron Paul has also repeatedly stated that he wants to “bring the troops home” to patrol the Mexican border. So now border patrol will be militarized under a Paul Administration. Which means that there will almost certainly be, under a Paul presidency, the killing of “brown people on the other this side of planet.”

No “amnesty” will mean more deportations. A lot more. There are lots of Republicans who want more enforcement of immigration laws and mass deportations. And while Paul has said that he believes that deporting all of them is impossible, given the political pressures, I can’t imagine him vetoing a law that stepped up enforcement and deportation efforts. He also opposes regulations to punish businesses for hiring illegal immigrants – which would make it more likely for illegal immigrants to be exploited by businesses.

Sure, while in the abstract and on paper, this doesn’t necessarily mean more civil liberties abuses, that’s not how it will work in practice. In practice, this anti-immigration stance will empower the Joe Arpaios of the world. And sure, on paper Ron Paul opposes the Arizona “papers please!” law. But in practice his pro-federalism policies, and his belief that the 14th Amendment incorporation doctrine is wrong, means that there won’t be any Federal challenges to those laws.

(And all of that doesn’t even touch his primary immigration policy – getting rid of the welfare state in its entirety.)

Okay, so that’s the disaster of his immigration policy. What about his foreign policy? Let’s not forget that Ron Paul doesn’t just want to bring the troops home. He wants to pull the United States out of all international organizations and as many treaties as possible. He wants the U.S. out of the United Nations. Out of NATO. Out of the WTO. Out of the ICJ. Hell, I wouldn’t be surprised to learn that he opposes the Vienna Convention.

In other words, he wants the richest, most militarily powerful nation in the world to reverse its 200+ year tradition of strengthening international law as a means to settle disputes between nations without resorting to war. I’ll be the first to admit that the system of international law is weak and imperfect. But it’s a damn sight better than the alternative. The Founding Fathers didn’t put, in the Constitution, the provision that treaties trump Congressional statutes for nothing. They’re important for the wheels of diplomacy to keep turning. Pulling the United States out of so many international organizations will no doubt cause quite a few to collapse. What’s going to replace it? My guess would be a whole bunch of tightly bound alliances that will inevitably conflict with one another, increasing the potential for huge conflicts to erupt. Conflicts that will, if history is any guide, inevitably pull the United States in eventually. (see World War, First)

A non-interventionist foreign policy for the United States that does not rest on the bedrock of international cooperation and a policy of strengthening international law will fail. Utterly. It will turn nations against each other, and against us.

In short, the policies that Paul wants to fight for are going to end terribly for the United States.

And I haven’t even started on the Constitutional crises that will erupt from Paul’s promises to abrogate the role of the executive in faithfully executing the law when it comes to a number of issues. Actually, virtually all of his issues.

Not to mention the fact that virtually every move that Ron Paul tries to make will likely end in political disaster. This is due to the fact that he’s a lousy politician and a lousy manager. The Ron Paul Newsletters are a testament to this, as is the fact that in over two decades in Congress, he has introduced over 600 bills.

In all that time, four have gone to a vote. Only one has passed.

With that track record, it’s not tough to figure out that a Paul Administration would be a debacle on a number of levels.

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Credit Where Credit’s Due

by Alex Knapp on December 22, 2011

I’m not a Ron Paul fan, obviously, but this is the most brilliant foreign policy ad ever.  Absolute kudos for it:

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Ron Paul’s ‘Principles’

by Alex Knapp on December 21, 2011

I’m tired of hearing Ron Paul referred to as the “principled” candidate.

For one thing, men of principle do not make money by having racists tracts published in their name.

I’ve been following Paul a long time. And I can say that Ron Paul never does the hard, right thing. He always does the easy, opportunistic thing. In the 80s and 90s, that meant publishing paranoid, racist tracts to make money. In the 00s and 10s, that’s been grandiose pontificating, pandering to a liberal crowd desperate for an anti-Bush Republican and grabbing all the pork he can – all the while posing as a statesman that the “system” can’t handle.

Politicians of principle do the hard work of enacting their favored principles into law. Paul doesn’t do that. He introduces legislation that has no chance of passing and never makes it out of committee. He votes ‘No’ on everything because he knows his District will keep electing him because (a) he’s not a Democrat and (b) he’s really, really good at making sure that lots and lots of pork makes it into his district.

Politicians of principle recognize that democratic politics involves process, not grandstanding. It involves debating, compromising, and working to pass legislation that, while it might not be perfect, is better than the status quo.  A real man of principle, who wants to see the law make things better the way he sees it, rolls up his sleeves and gets to the hard work, with all of the frustrations and compromises that that entails. Which means dealing with small steps and the occasional setback in order to play the long game.

Ron Paul is not a man of principle. He has no interest in doing any of the hard work it takes to put his ideas into practice. He just wants to live comfortably on his royalties and government paychecks as he grandstands against the very Federal government without whom he’d be much poorer.

That’s all I have to say about that.

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Are You In for NaNoWriMo?

by Alex Knapp on October 31, 2011

Hey there, folks – for those of you interested in playing the National Novel Writing Month game, we’ve set up a mailing list for encouragement, support, and venting. You can join here.

Happy writing!

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Throwing Down the Gauntlet

by Alex Knapp on October 14, 2011

Since a week from now, I get to blog full time instead of letting it occupy my nights and weekends, I think I’d like to try my hand at something I’ve never done before: writing a novel. With that in mind, I’ll be participating in National Novel Writing Month.

But with so many talented writers and fiction fans at the League, it seems like we should make this more interesting, shouldn’t we? So let me throw down the Gauntlet to my fellow Gentlemen: Who’s with me? During the month of November, I’ll chart my progress here. Not only in words, but in teasers to get y’all interested in the book. I think you guys should, too.

And at the end of November? When we’ve separated the gentlemen from the boys as to who finishes a novel? I say we spend two weeks editing, formatting as an e-book, and then putting those novels up for sale through our Amazon affiliate links here. So not only will some of us fulfill a dream of writing a novel, those out there in the audience can finally find out what Erik medieval anarcho-syndaclist commune epic fantasy would look like!

So, Gentlemen, who’s with me?

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Reading through the “We are the 53%” Tumblr, I can’t help but notice that more than a few of these people would benefit from the government stepping in against the people who are the cause of their economic distress. “Making your own way” when the deck is stacked against you instead of calling on the government to get rid of the game-rigging seems illogical to me.

I half expect to see someone with a sign that sounds like this:

“On my way home from my fifth job, I was mugged and my wallet was stolen. When I got home, I found out that the bank foreclosed on my house, even though I don’t have a mortgage. But do you see me calling the cops or suing the bank? Hell no! I make my own way in the world. I don’t need government help. I am the 53%.”

Consider this an open thread.

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There’s been a class war going on since the 1980s. It’s just that the side being attacked has finally decided to start defending itself. We’ll see if that actually works in America.

“But don’t forget that most men with nothing would rather protect the possibility of becoming rich, than face the reality of being poor.”

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Up at Forbes, I have a piece this morning about the intersection of science and religion that I think readers here might find interesting.

Here’s a snippet:

Of course, this tension between religion and science exists not only among Christian sects, but also between sects of many different religions. As someone who’s fascinated by both science and religion, I think that’s a shame. Especially when you consider that many of the great scientists in history didn’t see a conflict between religion and science. The great Muslim scientist Ibn Rushd was also an Imam. Isaac Newton wrote more about the Bible than he wrote about physics. Both the Nyaya and Vaisheshika schools of Hindu philosophy had a great deal of reverence for inference and a proto-scientific method. And of course, there are many, many more examples. To scientists throughout history, the pursuit of knowledge wasn’t opposed to religion — it was a part of it! For them, understanding the universe was a means of understanding God.

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George Lucas Strikes Back

by Alex Knapp on September 2, 2011

“American works of art belong to the American public; they are part of our cultural history.

People who alter or destroy works of art and our cultural heritage for profit or as an exercise of power are barbarians, and if the laws of the United States continue to condone this behavior, history will surely classify us as a barbaric society.

These current defacements are just the beginning. Today, engineers with their computers can add color to black-and-white movies, change the soundtrack, speed up the pace, and add or subtract material to the philosophical tastes of the copyright holder. Tomorrow, more advanced technology will be able to replace actors with ‘fresher faces,’ or alter dialogue and change the movement of the actor’s lips to match. It will soon be possible to create a new ‘original’ negative with whatever changes or alterations the copyright holder of the moment desires.

[...]

Our cultural history must not be allowed to be rewritten.”
George Lucas, 1988

Perhaps the video below is more plausible than you might otherwise think….

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Ron Paul and Libertarianism

by Alex Knapp September 2, 2011

Will Wilkinson makes a telling observation about Ron Paul: Yet it irks me that, as far as most Americans are concerned, Ron Paul is the alpha and omega of the libertarian creed. If you were an evil genius determined to promote the idea that libertarianism is a morally dubious ideology of privilege poorly disguised as [...]

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Searching For Truth Versus Debating

by Alex Knapp July 14, 2011

I actually posted this on my sub-site two days ago, but Rufus suggested today that this would make a good cross-post. And since, like all writers, I will re-use a piece any chance I can get to avoid the work of writing something new, here it is on the main page for your perusal. I’ve [...]

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The Most Subversive Idea in the Bible?

by Alex Knapp April 20, 2011

Richard Beck nominates Isaiah 53:12 as containing the most subversive idea in the Bible. I mean, can any church or Christian ever be smug, safe, contented, moralistic or self-satisfied in light of Isaiah 53.12? Just when the dust settles Isaiah 53.12 comes along, taps you on the shoulder and says, “By the way, God is [...]

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The Title of This Blog Post Is Only Slightly Inflammatory

by Alex Knapp April 13, 2011

This first paragraph sounds reasonable, containing only minor distortions and untruths. In the second paragraph, the first paragraph will remind me of something some other guy, known for bigger distortions and half-truths said once: This quotation is deliberately inflammatory, containing many outright falsehoods and prejudices. Of course, I wouldn’t go nearly as far was what [...]

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How Ayn Rand Ruined a Childhood

by Alex Knapp April 5, 2011

This story made me sad. Needless to say, Dad’s newfound obsession with the individual didn’t pan out so well with the woman he married. He was always controlling, but he became even more so. In the end, my mother moved out, but objectivism stayed. My brother and I switched off living at each parent’s house [...]

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