The War III

Once again I am drawn into a discussion of the ideological war that’s taking place in the country. This morning James Joyner muses over the philosophy of taxation:

First, aside from the odd anarchist here and there, nobody’s arguing that we shouldn’t pay some taxes. The debate is over how high they should be, who should pay them, on what they should be charged, whether and the degree to which they should be progressive, and so forth.

Second, few of us really think taxation is theft, exactly. But they’re extracted coercively. And politicians have powerful incentives to use the tax power mischievously, buying votes with other people’s money, and to distribute the burdens most heavily on those without enough voting power to punish them come election time. So, it’s not exactly a textbook social contract.

Aside from the odd Spoonerite, who by my experience are far more highly represented in the blogosphere than in the general population, the acrimonious debate going on in the country today in the editorial pages of the nation’s newspapers, on television, and in the blogosphere is between Lockeans and Rousseauans. Both believe in a social contract. Both believe that enforcing the social contract by force is legitimate.

They differ on an important detail. To the best of my ability to determine modern Rousseauans believe that so long as the collective preserves a veneer of democratic process there are no limits to what it can do. Lockeans on the other hand believe that unless the collective operates within predetermined limits a tyranny of the majority is not only possible, it is inevitable.

Unfortunately, the framing of the issues of today—higher or lower taxes, extending healthcare benefits to all (or more), and so on—pre-concedes the outcome.

Take the healthcare debate, for example. I am convinced that a majority of Americans, maybe most, would be willing to tax themselves so that everybody in the country could enjoy an American level of healthcare services at European prices. They should: we’d be spending a third of what we spend now. I think it’s possible that a majority of Americans would be willing to tax themsleves so that everybody in the country could enjoy a European level of healthcare services at European prices.

That has never been on offer. The most that was proposed in the debate is increasing taxes to extend a presumably American level of healthcare at American prices and, afraid that this will be transmogrified into a Third World level of healthcare at American prices, Americans’ wariness of the plan that has resulted is manifest in its declining poll results.

We could achieve a European level of healthcare services at European prices (which I, for one, would be more than satisfied with) but only by doing what our European cousins do: remove insurance companies from the picture or, at least, restrict their earnings and cut the earnings of healthcare providers in half.

Does anyone believe that the final healthcare bill that was enacted, if subjected to an up or down vote at the outset, would have passed? Or that the American people would have voted for it if it had been put before them? No. Or, worse, that what was enacted was politically possible in a sense that a thousand, cleaner, better bills were not? That outcome is not to be blamed on compromise but on logrolling, a completely different phenomenon, the foundation of our current political system and IMO a totally corrupt practice. In the end the only constituency that the outcome served was the legislators themselves.

The problem is endemic in our system and isn’t isolated to healthcare reform. You can see the like in the similarly vacuous financial reform bill and the impasse on energy, the environment, and any number of other issues. The sides have staked out their positions, the arguments have been framed in ways that the sides find comfortable, and they won’t consider solutions outside of that restrictive framing. The ideological war and the process by which legislation is enacted are at the center of our inability to effect urgently needed reforms, an inability that has the potential of bringing our whole society into collapse.

8 comments… add one
  • steve Link

    “Does anyone believe that the final healthcare bill that was enacted, if subjected to an up or down vote at the outset, would have passed?”

    You mean absent the filibuster? Absolutely yes. We now get bills that need to meet the needs of the 58th, 59th and 60th senator.

    Any better bill would have needed to make drastic measures in our system. It is just too easy to demagogue those kinds of changes. We absolutely must do something about Medicare, yet it is defended by both parties.

    “Take the healthcare debate, for example. I am convinced that a majority of Americans, maybe most, would be willing to tax themselves so that everybody in the country could enjoy an American level of healthcare services at European prices. They should: we’d be spending a third of what we spend now. I think it’s possible that a majority of Americans would be willing to tax themsleves so that everybody in the country could enjoy a European level of healthcare services at European prices.”

    You do see the problems here I assume. Just utter the word Europe and the plan fails. Any plan that covers everyone means that some people will get it for free. Hard to sell. Maybe in a country with a better sense of social equality, but not the U.S.

    “In the end the only constituency that the outcome served was the legislators themselves.”

    The 32 million who will now get insurance might disagree. I know you disagree, but there is some chance the advisory board will cut some costs. People were also skeptical about the base closing panels. While I would have preferred something like Wyden-Bennett, or one of the European plans, you will only get that if you have POTUS and 60 senators who are willing to be one termers, so in that sense you are correct. Of course, you then risk an electoral tsunami and repeal. We can fix these things, we just need the political will.

    Steve

  • PD Shaw Link

    The problem with the healthcare law was that it was not intended to be by majoritarian consent, but was intended to be parliamentarian majority, plus one or two Republicans. That was intended to maximize a liberal position, but in reality maximized the value of the last one or two votes. It also required paying off the insurance companies from speaking out and limiting debate on the floor. The process was so delegitimizing that I expect next year for the bill to amended to make it worse.

  • steve Link

    Suppose we had a parliamentary government. The minority cannot stop legislation as they have no filibuster. Do you think we get this kind of health care bill? Do we get a proposal that mimics the Republican plan of 1993 and Romneycare?

    Steve

  • Andy Link

    Dave,

    You seem to save your cheery posts for Sundays!

  • steve Link

    OT- Really good piece by Marino at SWJ.

    http://smallwarsjournal.com/blog/journal/docs-temp/550-moreno.pdf

    Steve

  • Both believe in a social contract. Both believe that enforcing the social contract by force is legitimate.

    Have you seen the contract Dave? Were you allowed to agree to it or not? Just curious, I find this metaphor to be rather problematic.

    Lets ask PD, who is a lawyer, if I haven’t seen a contract, signed it, reviewed, etc. am I legally bound by that contract? On top of it, if I don’t comply with the terms of this contract I’ve never seen I’m threatened with serious harm.

    I’ve never liked that “social contract” metaphor, its just a load of BS to justify the use of coercion and violence on the part of government.

  • PD Shaw Link

    Steve V, I did log a few political philosophy classes in college, and would say that the notion of a contract between the government and governed was a metaphor intended to drive a wedge into the notion of might makes right and the divine right of kings.

    From Hobbes, I would say the argument is that it is good to be a sovereign of a country with wealthy subjects. A good sovereign governs with reason, doesn’t impoverish his subjects, and is better off because of it. It’s an appeal to self-interest.

    Locke and Rousseau traded the exchange of self-interest analogy into contract theory, but essentially the philosophical point here is an exchange of goods.

    I don’t believe parties to a contract should trust each other, particularly if one side holds more cards, but I think ultimately both can realize benefits from the exchange.

    But I don’t believe you if you say that might makes right, since I don’t think you would have spent so much time posting and commenting on the internet unless you believed that there was some sort of exchange taking place and you wanted to take part.

  • From Hobbes, I would say the argument is that it is good to be a sovereign of a country with wealthy subjects. A good sovereign governs with reason, doesn’t impoverish his subjects, and is better off because of it. It’s an appeal to self-interest.

    But are we currently on such a course? Are our policies to enhance the overall wealth of everyone or just a few? We’ve pretty much given in to the eldelry, the financial companies, and defense. We’ve tossed bones to the UAW and GM. All on the tax payers dime and at the same time nothing is being done about the unsustainable path our country is on regarding fiscal policy and health care.

    I don’t believe parties to a contract should trust each other, particularly if one side holds more cards, but I think ultimately both can realize benefits from the exchange.

    In general I agree, but also in general both parties can go to an objective/independent third party to resolve disputes. We don’t have that when on party is also the one appointing the third parties as well (I’m thinking of Kelo here).

    Overall, I find the use of the concept “social contract” just laughable. I’m not even sure I agree with the concept of exchange. After all, yes I like exchanges of ideas on the internet, but I also always have the option of leaving…leaving the site, the discussion or even the internet. I don’t really have that option with government.

    I think trying to use as metaphors actions that are voluntary for government is always going to lead one to looking rather foolish.

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