Sheldon Richman writes,
Undoubtedly the nonlibertarian will respond that government officials were duly elected by the people according to the Constitution, or hired by those so elected. Thus they may do what is prohibited to you and me. This reply is inadequate. If you and I admittedly have no right to tax and regulate others, how could we delegate a nonexistent right to someone else through an election? Obviously, we can’t.
Read the whole thing to get the context. Or read Michael Huemer’s book to get an even lengthier treatment of the argument.
I think that most people want their own liberty, but they fear the liberty of others. I like to use the acronym FOOL, which stands for Fear Of Others’ Liberty. I think that many of us are FOOLs. I count myself a FOOL, at least to some extent.
Once you are a FOOL, then you may be willing, yea, eager, to delegate the job of constraining someone else’s liberty. We don’t all want to be policemen or prison guards, but most of us are glad that there are people doing those jobs.
If I delegate the job of constraining someone else’s liberty, then, unless I happen to be a despot, those who have the power to constrain someone else’s liberty have the power to constrain my liberty as well. That is roughly what we mean by equality before the law.
In short, I think it is reasonable not to be persuaded to become a libertarian by the sort of arguments Huemer or Richman make. Instead, a FOOL can say, “I do not want violent criminals running around free. I want to delegate to someone else the power to arrest and incarcerate them. I understand that this power might be used against me, but I am willing to live with that.”
Consider Paul Romer:
Across the world, public safety is the most important task facing city governments. In many poor countries, crime holds back the kind of urbanization essential for economic development. Closer to home, Detroit shows us that if they can, people will flee a city that fails to provide basic public safety.
Of course, one day you concede to the government the power to arrest and incarcerate violent criminals, and the next thing you know you have created an institution with the power to penalize people who sign contracts that provide “inadequate health insurance.”
It frustrates me that there are so many FOOLs who support the government using its power to penalize people who sign such contracts, or to penalize people who sell big-gulp soft drinks, or what have you. In short, whatever consensus that might have once existed in favor of limited government has evaporated.
Sometimes, the FOOLs want what amounts to despotism. It happened to Germany in 1933. There seems to be an echo today in Venezuela (the term “enabling law” has a chilling ring to it).
Perhaps there is no way to maintain a consensus for limited government, in which case there is not much middle ground between anarchy and despotism. But to most people, it is plausible that there is a middle ground, and you have to recognize their point of view if you want your arguments to register with them.