Hornberger – Constitution has not failed

At http://fff.org/2015/04/01/constitution-bill-rights-failed-experiment/
Jacob Hornberger argues that the Constitution has done what it was designed to do. It is the vast majority of the American People that have failed by supporting the welfare/warefare state.

Excerpt:

So, why didn’t the Constitution and the Bill of Rights protect us from the getting a welfare-warfare state?

Consider a sea wall, one that is designed to protect a community from extremely high tides. It works for 100 years, keeping extremely large tides, including those caused by hurricanes, from reaching the community, which remains high and dry for a century.

But one day, a tsunami hits. The wave is so enormous that it easily overcomes the sea wall and inundates the community, destroying property and killing dozens of people.

Can we say that the sea wall failed? No, because the sea wall was never designed to withstand a tsunami. It was designed only to keep out high tides, which it succeeded in doing for 100 years.

Behaving Like the North Koreans

Jacob Hornberger wrote an essay that begins:

The controversy over North Korea’s supposed hacking of Sony in retaliation for The Interview actually goes a long way in showing the brilliance of our American ancestors who demanded the enactment of the Bill of Rights after the federal government was called into existence with the Constitution.

full article here

Is there a Contrarian Trap?

In a Bleeding Heart Libertarian post

The Contrarian Trap: The Source of the Liberty Movement’s Dark Side

Kevin Vallier sites some of Hans Hermann Hoppe’s recent attack on all left-libertarians. then explains that the liberty movement is vulnerable to nonsense because of the contrarian trap. Here is a digest of his blog post.

Libertarianism is an unpopular view. And it takes particular personality types to be open to taking unpopular views. Some of these personality types are people who are open to new experience, love the world of ideas and have a disposition for independent thought. However, some of these personality types simply enjoy holding outrageous and provocative views, who like to argue and fight with others, who like insult and  shock. The contrarian is someone of the latter type.
Vallier’s suspicion is that there are a sub-group of individuals who are more naturally disposed to take up minority, unpopular positions. If most people say x, the contrarian says not-x, but if most people say y, the contrarian also wants to say not-y. The danger is reflexive and global contrarianism.
We should expect to find relatively large populations of contrarian personality types in any unpopular or minority ideological movement. And we should expect to find linkages between different radical, contrarian positions. It is no surprise that many libertarians are also atheists (unpopular), climate change deniers (unpopular), paleo dieters (unpopular), anti-psychiatry (unpopular), conspiracy theorists (unpopular), transhumanists (unpopular), cryonics-supporters (unpopular) and hardcore nativists about intelligence (unpopular). Think of some popular libertarian book titles, “Atheism, Ayn Rand and Other Heresies” and “Defending the Undefendible.” The liberty movement trades in “Gotchas!”.
Global contrarianism is an easy thing to fall into. After all, if you have rationally decided that millions and millions of people are completely wrong about something, it is natural to think they might be wrong about lots of other things.
The worst flaw in the contrarian trap is that it makes libertarians open to views that deserve to be unpopular and despised, including the thinly-veiled racism of the sort that Hans Hermann Hoppe trades. The social democratic left can’t just be wrong about the state, they have to be wrong about everything.
As long as the movement is small, we will attract a disproportionate number of contrarians, and that means we will probably find ourselves stuck with unsavory nuts and bigots having outsized influence.
A long-term strategy is to grow the movement and make sure we aren’t growing the movement with more and more contrarians, and so shrink the influence of cult leaders, trolls and racists.