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View Full Version : Extremism in the Defense of Rand Paul Is No Vice




bobbyw24
05-26-2010, 04:13 AM
A healthy democratic society should be grateful for those who are extremists in the defense of liberty. Even when the extremists are wrong.

After winning Kentucky's Republican Senate primary, Rand Paul, a Tea Party favorite, swiftly became the focus of a furious racial controversy. Quotes began to circulate that made it appear that Paul advocated repealing the Civil Rights Act of 1964. In subsequent statements, Paul sought to clarify his position on the question, eventually conceding that if he had been in Congress in 1964, he would have voted for the Civil Rights Act. In an interview with CNN’s Wolf Blitzer, Paul explained: "I think that there was an overriding problem in the South that was so big that it did require federal intervention in the ’60s. There was a need for federal intervention."

As someone who lived in the South during the period leading up to the Civil Rights Act of 1964, I could not agree more with the statement that there was a need—indeed a desperate need—for federal intervention. As a young teenager, I was a fervid supporter of the civil rights struggle, a position which put me sharply at odds with many of my white Southern contemporaries. But this fact did not stop me from trying to talk even the most dyed-in-the-wool segregationist into changing his mind on the question. Sometimes I made a little progress, but often I felt that I might as well be slamming my head into a brick wall. No surprise, most of the anti–civil rights diehards were also self-confessed racists who made no effort to conceal their true motives in opposing racial integration. But not everyone who opposed the Civil Rights Act of 1964 fell into this disreputable category. In particular, Arizona Senator Barry Goldwater didn’t.

Goldwater was the Republican candidate for president in 1964 and opposed the Civil Rights Act. Though I supported Democrat Lyndon Johnson, I admired Goldwater as a man and I was convinced that his opposition to the Civil Right Act was genuinely based on principle, and not on racism or mere political pandering. After all, throughout his career Goldwater had amply demonstrated a consistent refusal to sacrifice his cherished principles to mere political expediency. The most famous example of Goldwater’s defiant integrity was the rousing line he included in his acceptance speech at the Republican convention of 1964: “Extremism in the defense of liberty is no vice.” Any savvy political operator could have told Goldwater to cut this line, because it played right into the hands of his political adversaries, who were busily tarring him with the lethal label extremist—the kiss of death in American politics. But Goldwater did not cut this line, because it represented his genuine convictions. Like Henry Clay, Goldwater was that rare politician who would rather be right than be president.

But was Goldwater right? That question troubled me in 1964. It was easy to dismiss objections to the Civil Rights Act that were motivated solely by racial hatred. But it was not so easy to dismiss Goldwater’s principled line of argument, because it was derived from his ardent libertarianism. Goldwater opposed the Civil Rights Act because it required government interference in the way individual business owners managed their own businesses. He argued that the Civil Rights Act would take away the freedom of business owners to decide which customers they would serve and which customers they could refuse to serve—indeed, that was the whole point of the new federal law. This meant that even if the Civil Rights Act gave new freedom to African-Americans to eat in restaurants of their choice, which it obviously did, it was only able to obtain this worthy goal by stripping from business owners the liberty that they had traditionally enjoyed. The liberty of some was being sacrificed for the liberty of others—and the federal government enforced this sacrifice.

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http://www.american.com/archive/2010/may/extremism-in-the-defense-of-rand-paul-is-no-vice

rprprs
05-26-2010, 07:36 AM
Generally, a good read, but...

Like many previous articles which offer some level of support for Paul, it relies too heavily on a defense of what many people inferred, but NOT what Paul implied. The quoted sentence below illustrates what I mean.

What got Paul in hot water, however, was the perception that he favors giving back to business owners the liberty to engage in racial discrimination.

Where the article fails, is in not ever questioning or refuting that "perception" but, rather, proceeding as though it was a correct reading of his words. In failing to do so, it legitimatizes that perception by default.

I submit that Paul's words were perceived in that manner only by people falling into one of two groups, both of which wanted to hear Paul go to the extreme of calling for a legislative revisiting of the CRA. The first, was the segment of the population with some degree of racial axe to grind (you can read into that what you will). The second, were opponents, in and out of the media, who desperately wanted to frame Paul's comments in a manner they could use against him.

I will offer a disclaimer here, in that, although I watched the Maddow interview (twice) and listened to the NPR broadcast which preceded it, I could not subject myself to any additional replays. If, as a result, my reading is in error, feel free to correct me.

My take, which, admittedly, is neither unique or original, is that Paul's comments (even if not precisely worded) were merely academic in nature, and were meant only in support of the broader view that government overreach is a valid concern with legitimate Constitutional issues at play. Paul correctly pointed out that, even in cases where some might argue that said Constitutional issues must play a secondary role, they, nonetheless, remain pertinent to the discussion and are no less worthy of being addressed. Though his timing and choice of venue may have been politically inexpedient, he was arguing philosophy. He, most certainly, was NOT arguing that the CRA be revisited or overturned, nor that he, in any way, wished to see the return of discriminatory practices in either the public or private sector. Thus, those suggesting otherwise are of the wrong perception.

Paul's words may hark back to those of Goldwater but they are not presented in the same vein, nor in pursuit of the same outcome. The article misses the mark in failing to bring this distinction to the forefront of it's defense.

bobbyw24
05-26-2010, 07:40 AM
Great analysis rprprs

I found it yesterday and hesitated to post it for some of the reasons you raised

jmdrake
05-26-2010, 09:06 AM
Bobby24, great find! RPRPRS great analysis! But I would add that there is a third group that read into Rand's words what they wanted to hear. That's the "I can't stand the government ever telling a private entity what to do under any circumstances" group. That group isn't necessarily racist. Nor are they trying to smear Rand Paul. Quite the contrary. They consider themselves defending him, even while they're upset at what they perceive to be "flip flopping" on the issue. But Rand didn't flip flop. He didn't say he would repeal the act, nor did he ever say he couldn't bring himself to vote for it had they let 2 year olds in congress. He said he'd have tried to reword one section.

Rand's overriding concern about the civil rights act is about overreach of the federal government. The question to ask is "What mechanism did the federal government use for title 2 of the CRA and what else could that mechanism be used for"? Most people haven't dug far enough into the issue to understand it and instead feed the public sound bites.

bobbyw24
05-26-2010, 09:07 AM
Bobby24, great find! RPRPRS great analysis! But I would add that there is a third group that read into Rand's words what they wanted to hear. That's the "I can't stand the government ever telling a private entity what to do under any circumstances" group. That group isn't necessarily racist. Nor are they trying to smear Rand Paul. Quite the contrary. They consider themselves defending him, even while they're upset at what they perceive to be "flip flopping" on the issue. But Rand didn't flip flop. He didn't say he would repeal the act, nor did he ever say he couldn't bring himself to vote for it had they let 2 year olds in congress. He said he'd have tried to reword one section.

Rand's overriding concern about the civil rights act is about overreach of the federal government. The question to ask is "What mechanism did the federal government use for title 2 of the CRA and what else could that mechanism be used for"? Most people haven't dug far enough into the issue to understand it and instead feed the public sound bites.

More excellent insight, John--especially the last paragraph

Matt Collins
05-26-2010, 09:11 AM
Bobby -

JMDrake is a good friend of mine here in Nashville. In fact he's going into 3L at Vandy!
John - Bobby is a grad of OleMiss who practices in FL.

Both of yall have been advising me in the decisions regarding my journey.

bobbyw24
05-26-2010, 09:13 AM
Bobby -

JMDrake is a good friend of mine here in Nashville. In fact he's going into 3L at Vandy!
John - Bobby is a grad of OleMiss who practices in FL.

Both of yall have been advising me in the decisions regarding my journey.

Yep-I sent him some great RP and CFL stickers

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jmdrake
05-26-2010, 09:16 AM
Thanks for the tip Bobby! I'll definitely follow up on that.

rprprs
05-26-2010, 09:22 AM
JMDrake -
While I don't think it negates my criticism, I will happily concede your point.
I appreciate your input. Thanks. :)

Live_Free_Or_Die
05-26-2010, 09:44 AM
Not fond of....

Politicians who drop a fly by reference to the liberty philosophy but don't believe in it enough to act on it or willing to exert the political capital to act on such a belief.