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The Error of Rand Paul
Townhall.com ^ | May 31, 2010 | Joseph C. Phillips

Posted on 05/31/2010 7:34:38 AM PDT by Kaslin

Two weeks ago Dr. Rand Paul, an ophthalmologist and the Republican U.S. Senate candidate from Kentucky, appeared on the Rachel Maddow show to clarify statements he had made, which seemed to suggest that he would have opposed the Civil Rights Act of 1964. For 20 minutes Paul and Maddow engaged in a less-than-graceful pas de deux on the theme of discrimination and private property rights.

Maddow asked Paul whether he believed private business people had the right to discriminate against black people, or any other minority group. Paul responded that once you allow the government to dictate how citizens can use their private property, it ceases to be private. Maddow pressed the issue, asking if the government had the right to force Woolworth’s to serve black customers at its lunch counter. Rather than say, “Yes,” Paul responded with an argument about the second amendment.

In less than an hour, candidate Paul was able to do what the Obama administration, the New York Times, and even the lying members of the Congressional Black Caucus could not do. Within minutes of the end of the interview, the blogosphere was atwitter with claims that the true goal of the Tea Party was to roll back big government in order to undo the gains of the civil rights era and return this nation to the days of “separate but equal.” And now they have the video to prove it!

Of course, believing that free people ought to have the right to do what they please with their private property does not make one a racist, neither is it an “extreme” view. I would argue that the belief that there is some inherent value in one’s race that makes one a better jurist, teacher, or more deserving of admission to college is racist.

It is interesting that those so distraught over Rand Paul’s philosophical ramblings have failed to point out the hypocrisy on the part of Progressives.

The new left is appalled--appalled!--that Paul might suggest that in a free market society that supports private property rights, a business owner has the right to decide with whom he will or will not do business. However, leftists are remarkably silent—even supportive of—community activists urging their black neighbors to “buy black;” Jewish and Islamic merchants who only buy from Jewish and Islamic venders; universities with segregated dormitories and graduation ceremonies; racial preferences in college admissions, or racially gerrymandered electoral districts.

The truth is that Paul’s argument has more merit than the mushy multi-culturalism preached on the left. In a free market, private business owners should have the right to do business with whomever they want. Freedom requires that we tolerate boorish, unpleasant, or even racist attitudes and speech. But a free market also means that consumers have the freedom to discriminate. Business owners will pay an economic price if they incorporate boorish, unpleasant, and racist attitudes into their business models. Most business owners want to be winners in the market place, so their decisions will more than likely lead them away from discriminatory policies and towards serving as many paying customers as possible.

But what if there is no free market?

What Rand Paul fails to process into his argument is that at the time the Civil Rights Act was drafted, laws not only prevented black citizens from patronizing certain businesses, those same laws also prevented white business owners from doing business with customers of their choosing. Moreover, black businessmen were not allowed access to the kind of financial capital needed to build the separate but equivalent establishments on the order of Woolworth’s and other large companies.

Paul makes the same argument that conservatives made in 1964 and thus, makes the same theoretical mistake.

In 1964 conservatives sought to protect the Constitution even as it was being torn to shreds. Conservatives cautioned against a dangerous expanse of governmental power even as those with abhorrent and anti-constitutional views used the power of government to usurp the freedoms of a portion of the citizenry. Conservatives reasoned that lasting transformation could only be had through changing hearts; pubic pressure could be brought to bear and in time white folks would remit and blacks would finally enjoy equality and freedom. Ultimately, Rand Paul’s argument fails exactly where conservatism failed. It is not up to some men to dictate to other men when they shall enjoy their God-given rights. To believe that boycotts and other forms of public pressure were by themselves going to break down the racial barriers in American society is to ignore the deafening clash of the cleanliness of theory meeting head-on with the filth of reality. Theory says that government must be limited to certain specific duties and must be vigorous in fulfilling those duties. The reality is that even a limited government must be powerful enough to perform its charge. Moreover, those within the government must have the political will to act quickly and decisively when the freedoms of any citizen are threatened.

Modern-day conservatives have recognized this error. Has Rand Paul?


TOPICS: Culture/Society; Politics/Elections; US: Kentucky
KEYWORDS: palinpick; paulestinians; paulistinians; paultards; politicalcorrectness; racebaitingcrap; rand; randpaul; ronpaul; sourgrapes; townpaul

1 posted on 05/31/2010 7:34:38 AM PDT by Kaslin
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To: Kaslin

I don’t know why this guy had to go on this militant lesbo’s show.


2 posted on 05/31/2010 7:36:26 AM PDT by headstamp 2 ("No Good Deed Goes Unpunished")
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To: Kaslin

keep


3 posted on 05/31/2010 7:37:23 AM PDT by massmike (...So this is what happens when OJ's jury elects the president....)
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To: massmike; Kaslin
What needs to be said (and what Joseph C. Phillips was getting at) is that the Jim Crow Laws of the South wre not laws that "allowed" white businesses to discriminate racially; they were laws that "required" them to.

Some examples of Jim Crow laws are the segregation of public schools, public places,waiting rooms, buses, trains, restrooms, restaurants and drinking fountains.

The separation of African Americans from the general population was legalized in the "Progressive Era" (1890s–1920s), and was done by Democrts. Early in that period, many businesses did not want to discriminate -- why would they want to cut back on their customer base? --- but were forced to by law.

Woodrow Wilson, Democrat, the first southern-born president after the Civil War, appointed southerners to his cabinet who pressed for segregation in Federal offices; work places in general were segregated post-World War I, by law.

These laws shaped a segregated culture, so that eventually even sports, churches, and other institutions separated the races.

But the point is that the problem originated from government coercing the choices of businesses and consumers. Defending the right of businesses and individual citizens to buy, sell, do business and associate as they choose, is not the problem. It's the solution.

And that's Rand Paul's bottom line.

4 posted on 05/31/2010 7:39:46 AM PDT by Mrs. Don-o ("The first law is not to dare to utter a lie; the second, not to fear to speak the truth." Leo XIII)
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To: Kaslin
But what if there is no free market?

...Moreover, black businessmen were not allowed access to the kind of financial capital needed to build the separate but equivalent establishments on the order of Woolworth’s and other large companies.

The author is, perhaps unintentionally, misleading here.

There were no laws I'm aware of that prevented blacks from getting access to capital. This was a result of entirely rational free market decisions on the part of the owners of that capital.

5 posted on 05/31/2010 7:43:48 AM PDT by Sherman Logan (When buying and selling are legislated, the first things to be bought and sold are legislators.)
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To: Kaslin
Barry Goldwater voted against the '64 Act.

For the same reason given by Rand Paul: it ain't your property if the gang bangers downtown at city hall can decide what you get to do with it.

The so-called "civil rights act" was really about "progressing" towards a Communist society where a few jerks make decisions for everyone else. And they don't live in the black side of town.

Far from it.

6 posted on 05/31/2010 7:45:44 AM PDT by Regulator (Watch Out!! The Americans are On the March!! America Forever, Mexico Never!)
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To: headstamp 2

He stuck his head in the Lioness’s mouth, No telling what’s been in that mouth before. He should have known batter.


7 posted on 05/31/2010 7:49:47 AM PDT by Venturer
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To: Mrs. Don-o
I often wonder if Ron Paul named his son Rand, after Ayn Rand...
8 posted on 05/31/2010 7:51:35 AM PDT by SierraWasp ("Contempt of Congress" used to be a minor crime. Now it's a badge of honor!!!)
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To: SierraWasp

It is short for Randall.


9 posted on 05/31/2010 7:59:19 AM PDT by darkangel82 (I don't have a superiority complex, I'm just better than you.)
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To: SierraWasp

Either Rand Paul was named after Ayn Rand, or Ron Paul has an unusually high regard for South Africa’s currency.


10 posted on 05/31/2010 8:01:14 AM PDT by Verginius Rufus
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To: Kaslin

What do you expect?

He’s a nut case like his father, Ron Paul.

He’s another dope.


11 posted on 05/31/2010 8:02:22 AM PDT by nmh (Intelligent people recognize Intelligent Design (God).)
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To: Mrs. Don-o; Kaslin

Yes, good point. The Jim Crow Laws were LAWS. The government FORCED discrimination.

The government should not be in the business of forcing behavior and patrolling people’s private thoughts.

It is right to try to make people ashamed of being racists. It is wrong to use the law to micromanage their behavior. That never works.

Finally, we need to point out that ALL of those Jim Crow laws were enforced by Southern DEMOCRATS. Slavery and racism were imposed by Democrats, and ended by Republicans. I simply cannot understand how the Republicans can be so stupid as to let the Democrats get away with rewriting history like that.

Fight back, you wimps! Be proud of what you stand for.


12 posted on 05/31/2010 8:07:08 AM PDT by Cicero (Marcus Tullius)
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To: Kaslin
paul should of responded with the question..

do you believe the federal government should have the power to force you to let someone into your home that you don't want?

13 posted on 05/31/2010 8:37:05 AM PDT by TexasFreeper2009 (Obama = Epic Fail)
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To: Kaslin
Phillips is full of himself, and after scribbling away gets his punchline wrong.

What Rand Paul fails to process into his argument is that at the time the Civil Rights Act was drafted, laws not only prevented black citizens from patronizing certain businesses, those same laws also prevented white business owners from doing business with customers of their choosing. Moreover, black businessmen were not allowed access to the kind of financial capital needed to build the separate but equivalent establishments on the order of Woolworth’s and other large companies.

Ron Paul certainly did not fail to process this into his argument.

He was completely clear and explicit that he agreed with the 9/10ths of the Civil Rights Act that had to do with changing the discriminatory laws of the era. His only complaint is that they went to far in the other extreme.

Pre CRA businesses were (in some cases) not allowed to serve blacks. To a libertarain like Paul that is wrong as the private property rights of the owner are needlessly violated by such a law. The CRA did not end at quashing these bad laws, but added new ones that made it illegal for a business to refuse to service blacks. Paul finds this offensive and would have opposed it, again based on the libertarian emphasis on freedom of association and property rights.

It is one thing to disagree with Paul's opinions on this. But it is another to mischaracterize them with an elaborate straw man, as the author has done here, and then demonize them.

A worthless piece of wrting by someone incapable of making simple distinctions at best, a sophisticated character assassination at worst.

Either way, no thanks.

14 posted on 05/31/2010 10:19:12 AM PDT by Jack Black ( Whatever is left of American patriotism is now identical with counter-revolution.)
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To: Kaslin
What Rand Paul fails to process into his argument is that at the time the Civil Rights Act was drafted, laws not only prevented black citizens from patronizing certain businesses, those same laws also prevented white business owners from doing business with customers of their choosing.

If anyone doesn't understand that, it would be the race hustlers of the left. In places where segregation existed, business owners were not given the option to discriminate against blacks - they were commanded to. Paul's position has no connection to "separate but equal", it is at its core an anti-segregation philosophy.

15 posted on 05/31/2010 10:33:35 AM PDT by eclecticEel (Life, Liberty, and the Pursuit of Happiness: 7/4/1776 - 3/21/2010)
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To: headstamp 2; Venturer
I don’t know why this guy had to go on this militant lesbo’s show.

Because that's exactly where he went to announce his candidacy in the first place.

It was a real lovefest.

Seriously.

Sucker.

16 posted on 05/31/2010 10:41:42 AM PDT by EternalVigilance (BO: thinking about how to get you to think about him & how much he's thinking about what you think.)
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To: Kaslin
In 1964 conservatives sought to protect the Constitution even as it was being torn to shreds. Conservatives cautioned against a dangerous expanse of governmental power even as those with abhorrent and anti-constitutional views used the power of government to usurp the freedoms of a portion of the citizenry. Conservatives reasoned that lasting transformation could only be had through changing hearts; pubic pressure could be brought to bear and in time white folks would remit and blacks would finally enjoy equality and freedom. Ultimately, Rand Paul’s argument fails exactly where conservatism failed.

In other words, the idiot who wrote this piece has a problem not just with Rand Paul but conservatism itself.

17 posted on 06/01/2010 8:06:13 AM PDT by conimbricenses
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