Tuesday, July 30, 2019

Bonus Episode – Supreme Court Rundown with Ilya Shapiro


What are the prospects of the United States Supreme Court taking up an abortion-related case in the near future? What methodologies do the justices use in deciding cases? Why does President Trump pick his nominees for the Supreme Court from a list provided by the Federalist Society? Who better to ask than Ilya Shapiro of the Federalist Society? Shapiro came to Tulsa to deliver a lecture to the Tulsa Federalist Society and Saving Elephants host Josh Lewis took the opportunity when Shapiro was in town to pick his brain over a slew of Supreme Court questions such as these.
Ilya Shapiro is the director of the Robert A. Levy Center for Constitutional Studies at the Cato Institute. Shapiro is the co-author of Religious Liberties for Corporations? Hobby Lobby, the Affordable Care Act, and the Constitution (2014), and editor of 11 volumes of the Cato Supreme Court Review (2008-18). He has contributed to a variety of academic, popular, and professional publications, including the Wall Street Journal, Harvard Journal of Law & Public Policy, Washington Post, Los Angeles Times, USA Today, National Review, and New York Times Online. He also regularly provides commentary for various media outlets, including CNN, Fox News, ABC, CBS, NBC, Univision and Telemundo, the Colbert Report, PBS NewsHour, and NPR.
Shapiro has testified before Congress and state legislatures and has filed more than 300 amicus curiae “friend of the court” briefs in the Supreme Court, including one that The Green Bag selected for its “Exemplary Legal Writing” collection. He lectures regularly on behalf of the Federalist Society, was an inaugural Washington Fellow at the National Review Institute and a Lincoln Fellow at the Claremont Institute, and has been an adjunct professor at the George Washington University Law School. He is also the chairman of the board of advisors of the Mississippi Justice Institute, and a member of the Virginia Advisory Committee to the U.S. Commission on Civil Rights. In 2015, National Law Journalnamed him to its 40 under 40 list of “rising stars.”
Before entering private practice, Shapiro clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. He holds an AB from Princeton University, an MSc from the London School of Economics, and a JD from the University of Chicago Law School (where he became a Tony PatiƱo Fellow).


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Friday, July 26, 2019

How does a Conservative differ from a Liberal? Part 4 (The Missing Myth)


Prior to classical liberalism, people living in Western societies were largely enslaved to the arbitrary powers of church and state. Preferring order to anarchy, nation-states developed complex power structures where authority was divvyed between unelected and unaccountable monarchs and the priestly class. This does not mean that all those in authority abused their power; but it wouldn’t be hard to imagine instances in which abuses transpired.
Worse still, this system could be notoriously chaotic during transitions of power or disagreements between competing authorities. While this system endured and even flourished for centuries, there came a time when much of Europe was fed up with religious wars that plagued the continent. “Liberalism arose from the centuries-long reflection on what is necessary, if people are to be governed by consent, so as willingly to submit to laws made by other humans rather than by God,” noted British philosopher Roger Scruton.
What might seem obvious to us was astoundingly innovative at the time: could people actually learn to put aside their religious and historical differences to live in harmony within the same nation-state governed only by the consent of the people and not the rule of a monarch or faithfulness to a shared religion? How would this new form of order even work in practice?
A Secular Framework for Religious Co-Existence
“The religious form of social order is laid before us in the Hebrew Bible and in the Koran: it is an order in which laws are based on divine prescriptions, and earthly offices are held by delegation from the Deity…The political order, by contrast, is one in which a community is governed by man-made laws and human decisions, without reference to divine commands,” Scruton continues. Shifting from monarchies of old to a liberal society was not simply a matter of changing rules; the entire apparatus and justification for state-authority had to be made anew. “Religion is a static condition; politics a dynamic process. While religions demand unquestioning submission, the political process offers participation, discussion, and law-making founded in consent.”
It is vital we understand this distinction, for it is what allows the Christian, Jew, Muslim, and non-religious (theoretically) to live in harmony. By removing the basis of authority and the justification of the state away from a shared religion and where God anoints the sovereign to a system of consent, people are free to live their lives in accordance with the dictates of their own conscience without trampling on the rights of others to do the same.
As Scruton observed, “It is precisely when religion intrudes into politics that the political process is most at risk.” While there are notable exceptions whose belief system doesn’t “work” within a liberal framework—Islamic radicals, political revolutionaries, anarchists, white nationalists—no other system of government has produced a more stable order while at the same time extending to a wide variety of faiths, ideologies, and ways of life the liberty to live their lives as they choose. All that is required is that we maintain and respect the structures of liberalism and use them when questions of rights, justice, equality, and welfare arise.
The Liberal Myth
Society depends upon order. But liberalism found a way to rest that order in a secular myth that replaced the ancient myths of religion. As an ideology, liberalism has the ability to mimic religion in this way. Russell Kirk often warned of the danger inherent in ideologies for this very reason: “Liberalism, in short, found its popular support in myth, but in myth distorted: the myth of individual free will, but a free will stripped of divine guidance and of grace; the myth of popular sovereignty, but a myth deprived of the saving phrase ‘under God’; the myth of natural rights, but a myth shorn of the Providential order which gives such rights their sanction.”
Ideologies come prepackaged with myths—with some attempt at answering ultimate questions of justice and equality and liberty and duty and purpose. The myths of ideologies are rooted in rational arguments—which is fine so far as it goes. But what makes the human machine run is far more than well-reasoned arguments. Humans have a nature need for something beyond our nature; We have a desire to root our myths in some authority greater than our ability to reason—that is, something greater than ourselves.
One of the (many) problems with political ideologies is that they attempt to impose a political program on beings that are not purely receptive to programing. Ideologies would get on just fine if humans were robots in need of an exhaustive formula for ordering society. But we humans require more than the perfect political formula: we require some transcendent myth that calls us beyond the mundane of mere existence and infuses us with a greater sense of purpose.
“The liberal system attained popularity because it promised progress without the onerous duties exacted by tradition and religion,” Russel Kirk continues, “It is now in the process of dissolution because, founded on an imperfect and distorted myth, it has been unable to fulfill its promise, and because it no longer appeals in any degree to the higher imagination. It has been undone by social disillusion. Before long, no one will be able to take shelter under the ruinous fabric of liberalism.”
What Happens When the New Myth Replaces the Old?
Perhaps Kirk’s assessment strikes you as needlessly alarmist. After all, people in the Western world have been doing just fine with liberal democracies even as religious tradition fades into the background of what we do in our “private lives”. But we would do well to take into account the longevity of cultural norms. For even secular Europe isn’t completely shorn of its Christian past, and religious myths can easily be entangled into an individual’s worldview without them fully comprehending the origin of each accepted belief.
Irving Kristol wrote of the impact of the gradual secularization of liberal society. My apologies in advance for the length of his quote—Kristol was not know for his brevity—but it’s highly relevant for our purposes here:
“…liberal society is of necessity a secular society, one in which religion is mainly a private affair. Such a disestablishment of religion, it was predicted by Catholic thinkers and others, would gradually lead to a diminution of religious faith and a growing skepticism about the traditional consolations of religion—especially the consolations offered by a life after death. That has unquestionably happened, and with significant consequences. One such consequence is that the demands placed upon liberal society, in the name of temporal ‘happiness,’ have become ever more urgent and ever more unreasonable. In every society, the overwhelming majority of the people lead lives of considerable frustration, and if society is to endure, it needs to be able to rely on a goodly measure of stoical resignation. In theory, this could be philosophical rather than religious; in fact, philosophical stoicism has never been found suitable for mass consumption. Philosophical stoicism has always been an aristocratic prerogative; it has never been able to give an acceptable rationale of ‘one’s station and one’s duties’ to those whose stations are low and whose duties are onerous. So liberal civilization finds itself having spiritually expropriated the masses of its citizenry, whose demands for material compensation gradually become as infinite as the infinity they have lost.”
Like Kirk, Kristol is concerned with the inadequacy of the liberal myth, noting elsewhere that the “disestablishment of religion as a publicly sanctioned mythos has been the inability of liberal society ever to come up with a convincing and generally accepted theory of political obligation.” Did the soldiers who died storming the beaches of Normandy do so out of loyalty to Lockean principles of liberty? Or did they do so out of a sense of patriotism, defense of the homeland, protection of their families, and duty to their God? A nation’s survival depends on the ability of some myth to cultivate profound sacrifices on the part of the people when duty calls. The myth of liberalism alone cannot do that. Even if it can do that for the few philosophical “stoics” Kristol refers to, it cannot do that for the masses.
In place of our religious heritage, we find a slew of secular myths pointing adherents to transcendent virtues of environmental consciousness, equality, acceptance and celebration of alternative lifestyles, and combating animal cruelty, to name but a few. The point here isn’t whether these are the right “virtues” to uphold, but that these virtues, in isolation, are not sufficient to sustain a family, let alone a nation. People might feel strongly about the environment, but would they be willing to storm the beaches of Normandy to fight global warming?
“I think it is becoming clear that religion, and a moral philosophy associated with religion, is far more important politically than the philosophy of liberal individualism admits,” Kristol concludes, “Indeed, I would go further and say that it is becoming clearer every day that even those who thought they were content with a religion that was a private affair are themselves discovering that such a religion is existentially unsatisfactory.”
It is precisely for these reasons that conservatism in the English-speaking world has largely been focused on preserving our cultural norms and religious traditions in an effort to keep the great experiment of liberal self-government running. But there are those who call themselves conservative who insist that this is the wrong approach. They say that liberalism IS the reason our cultural norms and institutions are diminishing, and the only practical way forward is to do away with liberalism altogether. What are we to make of this argument? That is where we’ll turn in the fifth and final post in this series.


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Tuesday, July 23, 2019

The French War: A Lockean Ways In


The following was written by guest blogger Justin Stapley. His bio appears at the the end of the post.
Last month here at the Saving Elephants blog, my good friend Josh Lewis weighed in on the growing conflict among American conservatives over the continuing viability of classical liberal ideas. I agree with many things in his piece. Observers of this ever-increasing conflict might find it interesting to note that while Josh admits he is “compelled by the Burkean form of conservatism more than the Lockean variety” I am a declared classical liberal grounded firmly in the Lockean tradition. This reality is striking considering the debate over “Frenchism” appears to be between Burkean and Lockean sensibilities. However, I do not find my friendship nor general agreement with Josh as a surprise.
The relationship between Burkean conservatism and Lockean conservatism falls into the greater idea of fusionism, of which I remain a strong proponent. This was the topic of discussion when I was a guest on Josh’s podcast. Fusionism is often discussed chiefly as an organizing principle, yet it often feels like something more profound to me. I often find myself uniquely espousing Lockean ideals in policy discussions while holding to Burkean principles in my private life. I often feel like a lone warrior of fusionism and the belief that traditionalists and individualists share a fundamental kinship. There is a growing consensus among pundits on either side of the “French” divide that social conservatism is shedding the classical liberalism of the conservative coalition. It is becoming common to postulate that the era of Trump has finally severed the frayed knot connecting different camps of the conservative movement.
In my dissent to the deathly prognosis of the conservative movement, I must first concede several things. I agree that under Donald Trump, the Republican Party has mostly surrendered the mantle of the founding tradition. His followers, and many vocal parts of the conservative movement, have largely moved beyond the classically liberal traditions as represented in the tenants of the US Constitution and the Declaration of Independence. They maintain the trappings of such thought while actually standing in favor of new and aggressive strongman politics. The direction of the movement, at least at this moment in time, has moved from a desire to slay Leviathan to one seeking to wield it as a weapon in the culture war. Despite these developments, I would point out they do not represent a conscious abandonment of classical liberalism.
Frank Meyer, whose essays and writings helped create an understanding of what fusionism is, often sought to differentiate between what he termed natural conservatism and conscious conservatism. Natural conservatism, or visceral conservatism as I like to think of it, refers to the inherent human tendency to resist change. Conscious conservatism refers to a deeper and more appreciative understanding of why particular change should be resisted. Visceral conservatives shout “Stop!” instinctively, while conscious conservatives shout “Stop!” as they stand athwart history.
This is where I tend to disagree with both the idea that fusionism is dead and that we are witnessing the opening skirmishes of a conservative civil war. I like to think that I am a conscious conservative and I’m sure Josh does as well. Our sensibilities are different in some ways because Josh is a conscious Burkean while I am a conscious Lockean. Yet, we do not find ourselves on opposing sides of this conflict because we each understand and appreciate the deep tenants of our traditions. As conscious adherents to our ideologies, it is not difficult for us to see that the hundreds of years separating our current times from our respective intellectual forebears have not canceled out the reality that we still agree more than we disagree. The claim I made on Josh’s podcast still holds true; the difference in sensibility between traditionalists and individualists is one mainly of emphasis as opposed to any fundamental disagreement.
When I read Sohrab Ahmari’s essay “Against David French-ism” I did not see it as an opening salvo in an intellectual civil war between adherents of Burke and adherents of Locke. And, I did not hear taps ringing out in my mind, mourning the death of fusionism or big tent conservative coalition building. I saw it as another attempt to craft something coherent out of an incoherent moment in American history. Like him or hate him, Donald Trump is a verifiably incoherent man. I can find very few policies upon which our current president has been consistent in word and action. Move from the relatively shallow realm of policy and into the deeper realm of underlying beliefs and ideals, and Donald Trump is rendered entirely incomprehensible.
Nevertheless, Donald Trump is considered a conservative because “he fights” for a litany of political stances which falls into a bucket list of contemporary conservative demands. Donald Trump is a profoundly visceral man. It should go without saying that his brand of conservatism and his style of leadership is incredibly visceral. His followers and his apologists buy into the visceral nature of the Trump phenomenon. This is why attempts to categorize Trump and his followers as occupying a space in the traditional understanding of American conservative politics falls short. To say they are part of some or another conservative tradition is to say they are conscious of where they stand intellectually. They are not.
Trumpism is famously lacking in self-awareness. It is a visceral, instinctive, reactionary, and angry movement. The very fact that they chose David French as the symbol of their contempt for classical liberalism, a lawyer who has successfully litigated on behalf of socially conservative positions for most of his life, demonstrates the incoherent nature of the essay and the trend it represents. To call what is happening in the conservative movement a civil war is to flatter the active and vocal aspects of the movement with an intellectual stature it has mostly lost. A body succumbing to disease is not at war with itself, it is dying from pathogenic invasion and decaying as the natural faculties fail. What we are seeing in the conservative movement is fundamental and pervasive intellectual decay and, like any animal facing what it fears as its last limb of life, its mind is backsliding to a visceral understanding of its fight for continued existence as it loses a grip on conscious reality.
Luckily for the future of America, the nihilistic sense of doom peddled so successfully by Trump and his ilk is mostly manufactured. It requires significant buy-in on a visceral level. Many conservatives, perhaps represented best by such intellectuals as David French and Jonah Goldberg, have not bought-in to these ideas of “Flight 93 elections” or other suggestions that decency, values, or principles must be sacrificed on the altar of victory to stem off impending doom. In other words, in the face of an incoherent moment in time, we have not lost our heads. We are standing athwart the zeitgeist of this moment in history and are remaining conscious of what we believe, of our intellectual ancestry, and of what we as conservatives actually want to conserve.
This is the point. This “war” is not a debate or conflict between camps of conscious conservatism. It is a backlash against conservatives who remain conscious of their traditions and principles. If it were a clash between Burke and Locke, Josh and I would be opponents. And yet, we are both equally derided as “NeverTrumpers” and we find ourselves standing side-by-side in our attempts to re-ignite intellectual and conscious conservatism. David French is the symbol chosen by Sohrab Ahmari, not predicated on any ideological stance which David French has, but simply because he is the most visible conservative who refuses to consent to the dominance of the conservative movement and the Republican Party by Donald Trump. Ahmari’s essay is not a conscious attempt to stake out ideological footing in a coming intellectual civil war. It is a visceral reaction to those whose conservatism remains conscious.
I would argue that represented across the broad field of “NeverTrump” intellectuals, the traditional tent-poles of Reagan’s big tent conservative coalition remain intact. All three legs of the three-legged stool remain firmly on the ground among conscious conservatives. The calamity we are faced with isn’t any sort of civil war or final fraying of the fusionist rope. It is a hostile takeover of the vessel for conservative change, the Republican Party, by a loud and vulgar populist who has been enabled by pseudo-intellectuals in conservative media. These personalities either reflect the visceral conservatism of Trump or have discarded their better judgment for a place at the table.
If there is a struggle to be engaged in, it is a struggle between the coherent and the incoherent, between the principled and the unprincipled, and between a visceral or a conscious conservatism. The first step in this struggle might be to recognize conservative media and talk shows as the failed gatekeepers and communicators they are. Beyond that, however, we must simply continue to voice and champion the conscious tenants of our ideological persuasion and trust to the intellectual weight of the truths we espouse. The great advantage conscious conservatism has over the self-destructive tendencies of purely visceral conservatism is that we have a higher conversion to our natural conservative sensibility and believe our principles are more than ideal, they are fundamentally true. We believe and trust in the strength of our argument and its capacity to endure beyond ourselves.
Justin Stapley is a political writer whose principles and beliefs are grounded in the idea of ordered liberty as expressed in the traditions of classical liberalism, federalism, and modern conservatism.
His writing has been featured at the Federalist Coalition, the NOQ Report, and Porter Medium. He lives in Bluffdale, Utah with his wife and daughters.


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Friday, July 19, 2019

How does a Conservative differ from a Liberal? Part 3 (Footloose and Fancy-Free)


Years ago, comedian and director Woody Allen had the legendary conservative icon William F. Buckley on his TV show. The audience was invited to ask questions of either of them when someone asked: “Mr. Allen, in your terms, what does liberal mean?” Woody Allen responded:
“Liberal [pause] well, you’ve got me on this [another pause] I, um, if—let me—if a girl will neck with me, she’s liberal. If Mr. Buckley will neck with me, he’s very liberal.”
That One Thing Liberals Can Agree On
I began both Part 1 and Part 2 of this series differentiating between progressive and classical liberals, so I won’t subject the reader to yet another lengthy explanation here. However, I do want to clarify one thing before moving on. I had earlier tried to make the point that the two ideologies could hardly be further apart as one calls for government involvement in providing “freedom” while the other demands the government stay out of our lives to preserve “freedom”.
But I may have gone too far in trying to stress their differences; for there is an important way in which they are actually quite similar. Both progressive and classical liberals may disagree sharply on the means of acquiring or maintaining liberty or the basis for our liberties, but they are united in the idea that the individual should be “free” to live their lives unencumbered by stuffy cultural norms, traditions, expectations, and religious doctrines.
“The doctrinaire liberal, from the beginning, repudiated authority, tradition, and the wisdom of our ancestors, intending to supplant these checks upon the natural man by Rationality with a capital R,” Russell Kirk wrote, disapprovingly. As we explored in Part 2, liberalism rejected the ancient understanding of liberty as freedom from both external constraints and internal passions to move the individual towards some greater good or the will of God and instead reframed it as freedom from only externalities to move the individual towards their own sense of self-actualization. To the liberal, only the individual is qualified to determine what is best for the individual.
Liberalism has long championed the rugged individualism that’s built the economic powerhouses and cultural varieties of Western society. Individuals pursuing their own self-interests, living lives free from the tyranny of external authorities directing their actions, have—by many important measurements—accomplished a great deal more than entire nation-states directed by monarchs, spiritual leaders, or collectivist ideologies.
Mr. Allen Necking with Mr. Buckley
No other nation has applied classical liberal principles or cultivated a stronger sense of individualism than the United States. And most Americans celebrate that fact even as they entwine freedom from externalities into their identity. For some, this means they are owners of property and not just stewards of property owned by the State. For others, it means celebrating self-expression like footloose teenagers rebelling against their town’s prohibition against playing or dancing to rock music. And for others, it means the freedom to push beyond cultural norms and religious traditions that frowned upon Mr. Allen necking with Mr. Buckley.
Woody Allen’s definition may have been insufficient, but it wasn’t inaccurate. For the more “liberal” one becomes, the more they are wary of any outside authority imposing some constraint on otherwise footloose and fancy free individuals reaching for whatsoever their hearts desire; whether that’s being their own boss in a niche industry or reading books to children at the public library while dressed in drag.
Don’t misunderstand me here—I am not saying that someone is more liberal if they personally desire to partake in behaviors that run contrary to cultural norms or external constraints. I mean that someone is more liberal as they defend the “rights” of the individual to partake in those things. Self-professed classical liberal David French has frequently said on his podcast that he doesn’t support drag queens reading to children at a public library, but that does not mean he believes the government should have the power to stop them. Someone who is less liberal than David may argue this sort of behavior ought to be outlawed. And someone who is more liberal than David may say that the real problem here are the religious and cultural norms that impose some puritanical sense of morality that says it’s wrong for drag queens to read to children.
The Connectivity of Community
“Liberalism encourages loose connections,” wrote Notre Dame political science professor Patrick Deneen in his conspicuously titled book Why Liberalism Failed. But strong connections are vital to the wellbeing of a community. In fact—“communities chasten the absolutist claims of ‘rights bearers’”—a fact that has infuriated children everywhere who protest the parental order’s tyrannical rules over bedtime, sharing, and household chores.
“Community begins with the family but extends outward to incorporate an appropriate locus of the common good,” Deneen continues. Community is a place of “constraint and limits. Indeed, in this simple fact lies its great attraction. Properly conceived, community is the appropriate setting for flourishing human life—flourishing that requires culture, discipline, constraint, and forms.” All around us are constraints, norms, and boundaries that allow communities to flourish. If we were all free from one another in an absolute sense there could be no family, no church, no state, not even a friend who held significance in your life beyond the mutual exchange of pleasures.
Deneen doesn’t mince words in expressing the damage left by communities subjected to hyper-individualism:
“In the wake of disassembled local cultures, there is no longer a set of norms by which to cultivate self-rule, since these would constitute an unjust limitation upon our freedom. Now there can be only punitive threats that occur after the fact. Most institutions have gotten out of the business of seeking to educate the exercise of freedom through cultivation of character and virtue; emphasis is instead placed upon the likelihood of punishment after one body has harmed another body.”
Worshiping Eros
One noteworthy aspect of liberal societies is how rapidly they’ve moved from attitudes of Victorian prudishness when it comes to sex to the insistence that the expression of all sexual lifestyles must not only be tolerated but openly celebrated. Why? “Eros must be raised to the level of religious cult in modern society,” explains Patrick Deneen, “It is in carnal desire that the modern individual believes he affirms his ‘individuality.’ The body must be the true ‘subject’ of desire because the individual must be the author of his own desire.”
Notice the striking similarities between the liberal idea of how a government’s legitimacy is based on the consent of the governed and how liberal society reduces the ethics of sexual relations to the consent of the individual. Sexual acts are permissible so long as they take place between consenting adults, irrespective of cultural or religious norms. The only remaining constraints are that the individuals must be adults and they must not violate the other’s consensual declarations. But it does not follow that consent prevents harm. And some have begun to suggest even pedophilia should be accepted as an unchangeable sexual orientation.
The reader may object here that I’m beginning to imply liberals celebrate sexual debauchery. While this may be true of some, there certainly are many classical liberals who adhere to cultural norms of all varieties and encourage others to do the same. However, there’s nothing within the liberal ideology that produced those norms. They came from somewhere outside of liberalism.
Liberalism divorced of norms and taken to its ultimate end would result in the absolute unfettered expression of every individual—regardless of how noble, goofy, evil, or debaucherous it may be. Much of conservatism then—in an effort to conserve liberalism—is the project of cultivating norms that come from places outside of the liberal system. And this is where we’ll pick things up in Part 4.


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Tuesday, July 16, 2019

Episode 36 - Books Every Conservative Should Read


Saving Elephants has got your summer reading list covered! In this episode Josh walks through classic, foundational books that every conservative should read, as well as some great books that speak to Millennials in particular. Ranging from pithy and digestible to massive, complex, and dry, Josh gives a brief outline of the book and shares why it’s important to understanding conservatism.
While summer is traditionally reserved for light reading, it can also be the perfect time of year to tear into something quite challenging. Reading hard books—if they’re good books—can sharpen our minds and develop our character. Even reading of people with strong character can develop our character. As Russell Kirk put it, “Reading of great lives does something to make decent lives.”
Here is the list of the books and authors referenced throughout the episode
Edmund Burke, British statesman and the “Father of Conservatism”:
Russell Kirk, political theorist, moralist, historian, social critic, and literary critic:
Barry Goldwater, Senator and 1964 Republican nominee for president:
Roger Scruton, English philosopher:
Irving Kristol, journalist and the “Godfather of Neoconservatism”:
Patrick Deneen, political theorist:
Thomas Sowell, economist and social theorist:
Jonah Goldberg, columnist, author, commentator, podcaster:
Timothy Carney, journalist and editor:
Ben Sasse, Senator:
Joseph Sternberg, journalist:
C. S. Lewis, author, theologian, professor:
And here are some other great books that I didn’t have time to get through in the podcast but are still worth a read:
The Essential Russell Kirk arranged by George Panichas
The Great Debate by Yuval Levin
Alexander Hamilton by Ron Chernow
John Adams by David McCullough
The Selfie Vote by Kristen Soltis Anderson


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Friday, July 12, 2019

How does a Conservative differ from a Liberal? Part 2 (What is “Liberty”?)


In Part 1, I tried to show how comparing and contrasting conservatism with liberalism is far more challenging than first meets the eye. This is partially due to the difficulty in nailing down what we mean by “liberal”. There are two variations of liberalism: progressives and Lockean or classical liberals.
In the parlance of our times, progressives are what we might call Leftists. Progressives are concerned with equality and social justice and often see the state as a practical and even moral tool in righting perceived wrongs. Progressives might insist that, in order for their perception of justice to prevail, the state will need to exercise control over individuals. Progressivism often locks horns with conservatism, but it is entirely outside the scope of this series.
Here we are comparing conservatism with Lockean or classical liberalism. And liberalism in this sense could hardly be further apart from progressivism. For classical liberals are advocates of the rights of the individual to pursue their own desires, goals, and destinies without interference from the state. Where progressives are likely to say the state should intervene to address some problem, classical liberals are likely to say the intervention of the state IS the problem. Classical liberals are fierce defenders of individual liberties. In fact, the very word liberal is derived from the word liberty.
Hopefully from this vantage point you can see the great difficulty in distinguishing between conservatives and liberals. For conservatives are often interested in conserving the institutions built by classical liberals to advance individual liberties. But before we can begin to untangle where these viewpoints might differ, we have to define yet another term that’s seemingly obvious but surprisingly nuanced: what do we mean by "liberty"?
It’s Not About Where, It’s About When
Defining liberty in a political sense isn’t a simple matter of Googling the word or looking it up in a dictionary. For the crux of the problem isn’t where you look for the definition so much as when you look for it. You see, classical liberalism did far more than advocate for the expansion of liberty; classical liberalism began by redefining liberty altogether.
It’s quite challenging for those of us living in the twenty-first century to get our heads around it, but the concept of “liberty” that’s been almost universally accepted for the past several centuries was very much nonexistent in the ancient and medieval worlds. Our ancestors had a very different idea in mind when they used the word “liberty”. All agree that liberty means to be free, but the question arises free from what?
What Liberals Mean by “Liberty”
Let’s begin with how “liberty” is commonly understood today. Search for the word on Google and you’re likely to encounter the following: “The state of being free within society from oppressive restrictions imposed by authority on one's way of life, behavior, or political views.” Taken to its logical conclusion, this definition would have us believe liberty is strongest when restrictions imposed by external authorities are weakest. And while the word “authority” is debatable, liberalism often depicts these external constraints as institutions, norms, customs, traditions, family expectations, religious doctrine, and the state.
But there’s a modern assumption baked into this understanding. And that is the idea that the only thing limiting humans from realizing their full potential are constraints imposed by external authorities. It is true external authorities often prevent us from doing what we want. But what if what you want isn’t, in fact, what would make you fully human? What if human nature works against human potential and liberty?
What the Ancients Meant by “Liberty”
“As commended by ancient and religious traditions alike, liberty is not liberation from constraint but rather our capacity to govern appetite and thus achieve a truer form of liberty,” argues Notre Dame political science professor Patrick Deneen. The ancient world was less concerned with liberty from external authorities than they were “liberty from enslavement to our appetites and avoidance of depletion of the world.”
“Liberty had long been believed to be the condition of self-rule that forestalled tyranny, within both the polity and the individual soul,” Deneen continues, “Liberty was thus thought to involve discipline and training in self-limitation of desires, and corresponding social and political arrangements that sought to inculcate corresponding virtues that fostered the arts of self-government.” Our modern understanding of liberty is so focused on external constraints we’ve lost the notion of wrestling with our internal appetites.
This reimaging of liberty leaves us “free” to act without the imposition of outside authority, but free to what end? Are humans truly free if nothing keeps our nature in check? It isn’t so difficult to imagine those who rely upon constraints to prevent them from engaging in harmful behavior such as addicts to drugs, alcohol, gambling, sex, and other potentially self-destructive activities. But, if we’re truly being honest with ourselves, do we always act in our own best interests? Do we have urges to sleep in when we should be getting ready for work, or indulge in sweets when we know we should be dieting, or watch TV instead of going to the gym?
Would we actually be better off if there were truly no external authorities in our lives? What if society never imposed upon us a sense of decency? What if family never imprinted upon us the duty to care for blood relations? What if work never sharpened our discipline? What if religious tradition never called us to self-sacrifice? What if social norms never taught us that it’s awkward to stand face-to-face with a stranger in a crowded elevator? Would our world be better off without these external forces? Would you be better off?
External Constraints and Internal Passions
The ancient world did have a notion of liberation from external forces. Liberalism didn’t invent that concept. “What was new is that the default basis for evaluating institutions, society, affiliations, memberships, and even personal relationships became dominated by considerations of individual choice based on the calculation of individual self-interest, and without broader consideration of the impact of one’s choices upon the community, one’s obligations to the created order, and ultimately to God,” Deneen argues.
Our modern conception of liberty isn’t an improvement upon the older model so much as an ignorance of one side of the equation: perfect liberty requires us to reign in both external constraints and internal passions because an imbalance in this equation ultimately results in our enslavement. As Deneen notes, “At the end of the path of liberation lies enslavement. Such liberation from all obstacles is finally illusory, for two simple reasons: human appetite is insatiable and the world is limited.”
No human’s desires can be completely realized in a world of limits. So, if we’re going to be free—truly free—we must learn to be free of our own destructive impulses. And nothing keeps those impulses in check quite like external restraints. On the other hand, a world of tyrannical external authorities doesn’t make us “free” either. For if we’re forced to behave in a certain manner we’re not choosing virtue or the fulfillment of our true potential. The two work together: External restraints keeps our impulses in check but keeping our impulses in check reduces the need for external restraints. And because we are fallible humans, we will never be capable of completely ruling ourselves without some external restraints.
Liberalism shattered the ancient and medieval understanding of liberty. In so doing humanity became more freed from certain external constraints just as we became more enslaved to ourselves. Like most world-altering events, this was neither good nor bad but a combination of both. Liberalism has contributed much good to our world. Even critics of liberalism such as Deneen admit as much: “No other political philosophy had proven in practice that it could fuel prosperity, provide relative political stability, and foster individual liberty with such regularity and predictability.”
Yet liberalism also carries within it the potential seeds of its own destruction. In altering our view of liberty there is a risk of individuals disassociating themselves from the very authoritative institutions that make liberalism possible. And that is where we’ll pick things up in Part 3.


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Friday, July 5, 2019

How does a Conservative differ from a Liberal? Part 1 (What is Liberalism?)


When I shared with a friend that I was thinking about doing a series on how conservatism differs from liberalism they responded that should be easy enough since conservatism and liberalism were exact opposites.
If only.
Actually, the only true “opposite” to conservatism would be radicalism since where one aims to conserve while the other aims to demolish and what they aim to conserver/demolish is based entirely on the context of time, place, and culture. Comparing and contrasting conservatism to liberalism is very challenging for many reasons. Such as? I’m glad you asked:
First, there’s the challenge of overcoming a category error. Conservatism is a worldview—a lens for looking at reality and shaping one’s perception that incorporates the cumulative wisdom and teachings of a culture from its birth through today. Liberalism, however, is an ideology—a political theory based on a system of ideas primarily developed by Enlightenment thinkers.
Second, they don’t share the same basis—conservatism is derived from a prudent study of history and is, at best, wary of abstract political theories whereas liberalism IS an abstract political theory derived from reasoning. Conservatives start with this is true because it has been shown to work whereas liberals begin with this truth is self-evident.
Third, in the American context, much of what conservatism is trying to conserve is—wait for it—liberalism.
Fourth, in modern times conservatism has become synonymous with the political Right whereas liberalism has come to mean the political Left. But these are views within the larger Right/Left divide and should not be assumed to represent the whole. There are plenty of beliefs on the Right that have nothing to do with conservatism just as there are a lot of things on the Left that don’t represent liberalism.
And finally, the very words “conservative” and “liberal” have evolved significantly over time.
I intend to address each of these conundrums in the posts to follow. But first, I’d like to address that final item in the list—the idea that the word “liberal” has changed. The word “liberal” today has come to mean Leftist. And by Leftist I mean the sort of socialistic agenda advocated by much of the progressive Democratic party.
Classical Liberals vs Progressive Liberals
In today’s context, the word “liberal” might be used to mean two different ideologies that are so far apart it’s unusual they share the same label. A “liberal” who is a Leftist—one who believes the government should take a more active role in providing for social justice that eliminates inequalities and perceived injustices—is what we might call a progressive. And a progressive is entirely different from what we might call a classical liberal. As the name implies, the classical liberal comes from an older understanding of the word “liberal” whereas the progressive liberal finds its roots in the twentieth century.
Long before the liberalism of the twentieth century that included the expansion of the state through presidents like FDR and LBJ, the sexual revolution, and a general distain for a culture of traditional Judeo-Christian values, liberalism was understood to be a political theory advancing the interests of the individual over the group. And “the group” included the family, the church, and—most importantly—the state.
John Locke and the Rights to Life, Liberty, and Property
The history of liberalism is long and complex but—for simplicity’s sake—let’s begin with liberalism’s founder, John Locke. Locke was an English philosopher and Enlightenment thinker whose works had a profound impact on much of the Western world. Locke taught that human beings had certain natural rights: namely, the right to life, liberty, and property. He further taught that the sole purpose of government was to secure these rights and that any government that failed to do so could be justifiably overthrown by an abused citizenry.
If you’ve not heard of John Locke but believe these sentiments sound oddly familiar, that’s probably because they were interwoven into the very fabric of the American founding. Thomas Jefferson, a disciple of Lockean liberalism, eloquently argued for liberal government in the most famous passage of the Declaration of Independence:
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”
What Do We Mean by “Rights”?
Notice that there is no explicit or even implicit idea here that the sort of rights Jefferson and Locke were advocating came from government. Classical liberals taught that our rights were “inalienable”—that is, unable to be taken away from or given away by the government. These rights are sometimes referred to as negative rights. I did an entire podcast episode on negative rights, but the very-much oversimplified version is that a negative right is something that you possess without anyone having to give it to you. Your right to life doesn’t mean I have to keep you alive, it simply means I can’t justifiably murder you.
While there is much more we can (and will) say about classical Lockean liberalism, I suspect the reader will begin to see now the stark contrast between liberalism in this classical sense and the progressive liberalism of today that insists on expanding our rights to things that very much DO require someone give us something (“free” healthcare, college tuition, housing, contraceptives, minimum wage, guaranteed employment, etc.). The classical liberal taught the purpose of the state was to secure the rights we possessed before the state even existed. The progressive liberal believes the state should be used to provide rights that only the state can distribute fairly en masse.
“The term ‘liberal’ is virtually the opposite of its use during the nineteenth century,” wrote British philosopher Roger Scruton, “When liberal parties set out to propagate the message that political order exists to guarantee individual freedom, and that authority and coercion can be justified only if liberty requires them.” Expressed this way, the conservative finds much to be admired in liberalism. In fact, liberalism is often the very thing a conservative is trying to conserve.
And if that’s all there was to say on the matter my work here would be done. But dip below the surface and some more fundamental and, perhaps, even irreconcilable differences between conservatism and classical liberalism will begin to emerge. What are those differences? That is what we’ll be exploring throughout this series, beginning next week with Part 2.


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Tuesday, July 2, 2019

Episode 35 - The Theft of a Decade with Joseph Sternberg


“There are burglaries and heists and capers and robberies, but few thefts in history can match what Baby Boomers have done to Millennials since 2008: they stole their children’s economic futures right out from under them.” So says Joseph Sternberg, editorialist and columnist for the Wall Street Journal and author of the new book The Theft of a Decade: How the Baby Boomers Stole the Millennials’ Economic Future.
One generation looking down on another is all to common these days. Yet, in spite of the book’s provocative title, Joseph’s arguments are surprisingly nuanced and even sympathetic to Boomers. Both Millennials and Boomers came of age and entered the workforce at a time when the economy was suffering. However, Boomers learned all the wrong economic lessons of their childhood by mistaking economic outputs (rising wages, an explosion in home ownership, pensions, healthcare, etc.) with economic inputs (investing in the equipment, labor, and knowledge that drove the economy).
As a result, Boomers have largely been pursuing economic policies designed to re-create the robust economy of their youth. But because they’ve been focused on the wrong end of the spectrum (outputs instead of inputs) much of their efforts have led to distortions in the market that have had a profoundly negative impact on their children—the Millennial generation.
Joseph contends that one of the more surprising aspects of the political battles over the past few decades is not how much had changed but how much stayed the same. Our past four presidents have been Boomers and three of them (Clinton, Bush, and Trump) were even all born in the same year of 1946. Boomers held enormous power—both as the largest voting block and as our leaders—and regardless of what party or president was in charge, much of the economic policies of “investing” in things like education and cutting taxes to spur the economy remained relatively the same.
Millennials are anxious to break outside of the narrow lane created by the Boomer generation as we perceive we aren’t doing that well economically. And Joseph would definitely agree Millennials have a real beef. Lurching to the Left—as we’ve seen with the rise of socialism and candidates like Bernie Sanders and Elizabeth Warren—is one way to break outside of that lane. But Joseph is hopeful Millennials will find more market-friendly and pro-capitalist means of breaking outside of the narrow lane created by our parents’ generation. And he invites us to engage in the generation-wide conversation of what economic policies make sense for us today. And that conversation begins with a better understanding of what our parents got wrong in the first place.


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