Liberty and License

December 11, 2018

With this Administration demolishing the regulatory state, we need to talk about the underlying claim of liberty. Conservatives once distinguished between liberty and license. Liberty was morally and socially responsible; license was not. That distinction seems to have disappeared from the conservative vocabulary. And with it the moral order in the country.

“Liberty” is now invoked whenever business confronts regulation. Citing “liberty,” business fought the exposure of Thalidomide even as it monstrously disfigured and eventually killed the child of one of my students. Citing “liberty,” some claim the right to waste energy and sell energy wasting products no matter the impact on the climate. Citing “liberty,” some claim the right to pollute with mercury, arsenic and an alphabet of poisons, to put anything into products, into or onto our bodies, earth, air and water unless and until someone else can prove it’s harmful. We don=t treat medicine that way but the claim is that it violates the “liberty” of supplement producers for us to ask for tests of whatever they don=t want to have to get FDA approval for. Some might think it also violates buyers= liberty to lead healthy lives B but perish the thought; that’s not economic “liberty.”

Because people Atook the risk@ B they called it Aliberty@ B financial institutions claimed the “liberty” to construct mortgage terms that made it virtually impossible for buyers to come out above water, destroying their savings, credit, health, homes, livelihood, families and future. In the Great Recession of 2008, those terms took the whole economy down as major companies, banks and markets failed in a cesspool of bizarre financial arrangements, subprime mortgages, mortgage backed securities, credit default swaps, and similar misbegotten deals. And it was OK to bail out those who were too big to fail because they just exercised their “liberty.”

To the free marketeers, the President and CEOs, regulation is generalized and undifferentiated. All restrictions are regulation and they are all bad unless and until regulators spend decades jumping through hoops. Meanwhile producers bear no responsibility to check whether their products are harmful. They accept no liability when harms become obvious to science, but only when it becomes obvious to the very people who pour their poisons into our bodies and our world.

Put it another way. There is no single definition of liberty. There are different definitions of “liberty” for you and me, different definitions for farmers, cattle ranchers, factory workers, lumber workers, guys, gals, easterners, southerners, people who want to graze their animals on public lands without paying B everyone has their own definition of “liberty” and their definitions pay no attention to the impact on the rest of us or on anyone else. Which means that “liberty” no longer means anything.

Liberty for the founders was universal. “Liberty” now seems to be a sacred word applied to whatever is good for us personally but with no binding meaning. Otherwise why can=t I do what I want to do on public land whether or not it conflicts with public purposes or Cliven Bundy’s insistence that he has the right to graze his animals there. Why isn=t that the same “liberty” he insists on? “Liberty” is whatever a president chooses to do whether or not it is good for the country. “Liberty” is what conservatives think we all should respect when it pertains to their clients. Their “liberty” is meaningless, a signal that we=re talking about selfishness, not rights. They’re talking about what used to be called license to do whatever they want regardless of whom it hurts.

Real liberty regards us equally. We all have the same rights. It makes no sense if you can do to me what I can=t do to you. True liberty is freedom to act short of injuring others. We all count. And that, equality, is as American as apple pie.

— This commentary was broadcast on WAMC Northeast Report, December 11, 2018.

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Freedom for the Boss; Drudgery for the Rest of Us

May 16, 2017

I keep looking for ways to talk with supporters of the Administration. President Carter started the deregulation frenzy. That has become half of the Republican cut-and-deregulate refrain ever since, consistently repeated by the current White House and the Republicans in Congress. I’d like to focus on the things that will affect those of us who are, financially speaking, ordinary, middle-class Americans.

Here are changes the Administration and congressional Republicans are considering that affect working conditions:

  • The White House Office of Information and Regulatory Affairs has been postponing and considering cutting down a Labor Department rule that limits “workers’ exposure [to] toxic material, which can cause a deadly lung disease.”
  • The same White House Office is also “considering a proposal to roll back protections for workers in construction and shipbuilding.”
    • Those rules allow our employers to save cash by risking our health.
  • The Working Families Flexibility Act … would give employees a choice between taking time off or being paid time-and-a-half when they work more than 40 hours in a week.”
  • Either way, Republicans oppose changing overtime rules to raise eligibility for overtime above the current $23,660 per year.
    • Those rules allow our employers to save cash by shortchanging us.

Here are some that affect the health of financially ordinary Americans:

  • The Administraton has already taken steps to “roll back healthy school lunch standards”
  • The new head of the FDA “has invested in or consulted for dozens of healthcare companies” which suggests that the Food and Drug Administration won’t be much help in preventing unnecessary complications and expenses.
  • The House health care bill would eliminate Obamacare requirements that insurance plans cover prescriptions drugs and mental healthcare. Like all insurance, drug and mental health care coverage are intended to protect people from unplanned changes in the costs of survival.
  • Senate Republicans narrowly lost an effort to roll back a regulation that “limit[s] methane emissions from oil and natural gas drilling.” Methane is even more damaging to the climate than carbon.
    • Those rules risk our health for the sake of other people’s profits.

On savings for retirement:

  • “Trump’s Labor Department delayed the so-called fiduciary rule, ordering financial advisers to act in … [your] best interest[s] … [if you] are saving for retirement.”
  • The CHOICE Act would allow the banks that brought us the crash of 2008 to opt out of regulations adopted after the crash and intended to prevent another. And the bill renames the Consumer Financial Protection Bureau and “reduces its power to enforce pre-existing consumer protection laws.”
    • Those rules risk our financial security for the sake of other people’s profits.

Meanwhile, Republicans on the Supreme Court show little respect for working men and women.

  • With Breyer’s help they have blessed “Professional debt collectors … [who] built a business out of buying stale debt, filing claims in bankruptcy proceedings to collect it, and hoping that no one notices that the debt is too old to be enforced by the courts.”
  • The Court continues to apply a 1925 statute intended for interstate business transactions to consumer contracts and the Court bars state regulation entirely.

What Republicans continue to give us is freedom for the boss and drudgery for the rest of us. As the old folk song has it, “same song, second verse, could get better but it’s gonna get worse.”

— This commentary was broadcast on WAMC Northeast Report, May 16, 2017.


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