In a column written just before the election, prominent Harvard Law School Professor and former Obama administration official Cass Sunstein channels the great libertarian economist F.A. Hayeks classic critique of conservatism in his advice to the new GOP majority in Congress:
Instead of conservatism, Hayek argued for a principled commitment to liberty an approach that would sharply constrain government and take an essentially radical position, directed against popular prejudices, entrenched positions and firmly established privileges. Its fair to say that in the current period, Hayeks radical position would entail a strong commitment to free trade, a rejection of protectionism, decreased regulation, deep skepticism about occupational licensing (and other barriers to entry), a firm commitment to religious liberty, and less frequent appeals to patriotism as a substitute for freedom-protecting reforms
In his short essay, Hayek did not deliver a knockout punch against conservatism. But he did land some powerful blows, not least in his objection that conservatives cannot easily work with people whose values differ from their own.
In the coming period, however, Republicans will be under increasing pressure to define themselves affirmatively rather than by opposition. One of their chief goals should be to identify freedom-promoting initiatives that might attract support from people who cannot, by temperament or otherwise, be counted as conservative. They would do well to begin with a close reading of Hayek.
Sunsteins advice that the GOP pursue a radical Hayekian libertarian agenda may be in some tension with his recent critique of paranoid libertarianism, (which I commented on here). Still, I agree with him that Hayeks critique of conservatism remains relevant today. And I would be very happy if the new Republican-controlled Congress were to advance Hayekian reforms of expanding liberty and cutting back government regulation, while also eschewing appeals to nationalism.
Obviously, however, the GOP does not consist solely or even primarily of libertarians who feel the same way as I do. It has many other elements, including a still-strong social conservative contingent that party leaders must cater to in order to hold their coalition together. I am also skeptical about how much support a radical libertarian agenda (or even a moderate one) would attract from Sunsteins fellow liberal Democrats.
That said, I think it is possible to envision the GOP evolving in a more libertarian direction over the next few years. With the very important exception of immigration, the party emphasized libertarian ideas far more than social conservative ones in the fall election. Significantly, they did not even make much of an issue out of the rapidly growing trend towards acceptance of same-sex marriage and marijuana legalization.
Some Republicans have even begun to rethink the War on Drugs and the mass imprisonment it generates. The Tea Party the most dynamic part of the GOP in recent years has largely focused on fiscal and economic issues, and has a substantial libertarian component (though it also has many social conservatives in its ranks).
Meanwhile, younger Republicans are far more socially liberal than their elders. For example, a recent survey finds that 61% of 18-29 year old Republicans support same-sex marriage, and many also support marijuana legalization. Generational succession will likely give such views greater weight in the party over time. By contrast, young Republicans are generally no less suspicious of government spending and economic regulation than older ones. The GOP is still very far from being a libertarian party, and it may never fully become one. But it could well become significantly more libertarian over the next few years than it has been at any time in the recent past.
It is also possible that libertarian-leaning Republicans can cooperate with liberal Democrats on some issues, including cutting back on the War on Drugs, and NSA surveillance, among others. At the same time, past attempts to build a liberaltarian alliance have had only extremely limited success, in part because the gap between libertarians and the left on many issues is very large.
Continue reading here:
Volokh Conspiracy: Cass Sunstein channels Hayek
- KISS Army horing the US Army - November 7th, 2009 [November 7th, 2009]
- Post-Election: Liberal Columnist Peter Beinart says GOP now has a "libertarian thrust" - November 7th, 2009 [November 7th, 2009]
- Indiana Gov. Mitch Daniels goes Libertarian: Orders 10% Cut for State Agencies - November 7th, 2009 [November 7th, 2009]
- Libertarian Group calls for Apology from Obama for his insulting and inappopriate Remarks after Ft. Hood - November 7th, 2009 [November 7th, 2009]
- Now the responsibility of American Muslims is to expose the Radical Jihadists among us - November 7th, 2009 [November 7th, 2009]
- Lt. Col. Ralph Peters on Hasan, calling it like it is - November 7th, 2009 [November 7th, 2009]
- Rush County Residents Start Effort to Organize County - November 8th, 2009 [November 8th, 2009]
- Libertarian Party of Marion County Announces Second Annual Canned Food Drive - November 8th, 2009 [November 8th, 2009]
- Cato: Federal Education Results Prove the Framers Right - November 8th, 2009 [November 8th, 2009]
- Bell: If a picture is worth a thousand words, what's a word worth?... - November 8th, 2009 [November 8th, 2009]
- Maguire: How I will Vote on Wishard This Tuesday - November 8th, 2009 [November 8th, 2009]
- Contrary to Popular Belief... There IS an Election TODAY - November 8th, 2009 [November 8th, 2009]
- That Would be Perfect: Stop the RTA - November 8th, 2009 [November 8th, 2009]
- Press Release: Libertarian Party Reaction to Voters Defeating the RTD - November 8th, 2009 [November 8th, 2009]
- An Easy Way To Email Your Senators on Obamacare and Responsible Energy Policy - November 8th, 2009 [November 8th, 2009]
- The Bell Curve: Oh yeah, that's a lot better... Property Tax "solution" Destroying Indiana Small Business - November 8th, 2009 [November 8th, 2009]
- Libertarian City Councilman Mark Byrne, Port Huron, MI wins endorsement of Local Paper for Reelection - November 8th, 2009 [November 8th, 2009]
- WASHINGTON STATE: Race for King County Executive one to watch - November 8th, 2009 [November 8th, 2009]
- Closeted Republican could be elected Atlanta's next Mayor - November 8th, 2009 [November 8th, 2009]
- Obama will own a Corzine loss - November 8th, 2009 [November 8th, 2009]
- Jason Shih, Photo of Corzine Staffer busted for Drugs - November 8th, 2009 [November 8th, 2009]
- Sarah Palin blasts Biden over Energy Hypocrisy - November 8th, 2009 [November 8th, 2009]
- Murder in Arizona: Father runs over Daughter in so-called "Honor Killing," she had become "too Westernized" - November 8th, 2009 [November 8th, 2009]
- Races to Watch for Libertarian Republicans 2009 - November 8th, 2009 [November 8th, 2009]
- HUGE NEWS OUT OF TEXAS!! Scores of Democrat County Officials Switch to Republican - November 8th, 2009 [November 8th, 2009]
- Chris Christie Wins!!! - November 8th, 2009 [November 8th, 2009]
- Dedicated to Governor-Elect Chris Christie and the Citizens of the Great State of New Jersey - November 8th, 2009 [November 8th, 2009]
- Republicans win 6 new Seats in Virginia House of Delegates - November 8th, 2009 [November 8th, 2009]
- Post-Election Party Switchers from Democrat to Republican: 8 so far in Texas - November 8th, 2009 [November 8th, 2009]
- Libertarian Party Election Results: 5 Victories, 1 Heartbreaking Loss, 1 Big 2nd place finish - November 8th, 2009 [November 8th, 2009]
- Rand Paul questioned on his Libertarian ties, Father's controversial Foreign Policy views - November 8th, 2009 [November 8th, 2009]
- Libertarian "RINO" wins County Council seat in Erie, Pennsylvania - November 8th, 2009 [November 8th, 2009]
- Republicans sweep Westchester County, New York on Anti-Tax message - November 8th, 2009 [November 8th, 2009]
- GOP Congressional candidate Alan West says Fort Hood tragedy "proof" Jihadists infiltrating our Military - November 8th, 2009 [November 8th, 2009]
- TEXAS STATE REPRESENTATIVE SWITCHES TO REPUBLICAN!!! - November 8th, 2009 [November 8th, 2009]
- Minnesota DFL may have a Big Problem on its hands for 2010: Lynne Torgerson - December 12th, 2009 [December 12th, 2009]
- New Poll: 39% of Israelis believe Obama is a Muslim - December 12th, 2009 [December 12th, 2009]
- Since Obama elected "Worst Year" for Homegrown Islamic Terrorism - December 12th, 2009 [December 12th, 2009]
- A Pro-Islamist President? Obama's ties to the Muslim World exposed - December 12th, 2009 [December 12th, 2009]
- Libertarian Party of Marion County Holds Holiday Party to Benefit Second Helpings - December 13th, 2009 [December 13th, 2009]
- Tippecanoe County Libertarian Party Plans to Walk in Christmas Parade - December 13th, 2009 [December 13th, 2009]
- NRA: Bloomington, Indiana Herald-Times Treats Law-Abiding Gun Owners like Registered Sex Offenders! - December 13th, 2009 [December 13th, 2009]
- Kole Hard Facts of Life: Great Post On Copenhagen Global Warming Issues - December 13th, 2009 [December 13th, 2009]
- SchansBlog: ClimateGate extravaganza - December 13th, 2009 [December 13th, 2009]
- Scherschel: A Letter to the Editor of the Bloomington Herald Times - December 13th, 2009 [December 13th, 2009]
- Press Release: Libertarian Party of Johnson County Wants Voters To Decide on Jail Expansion - December 13th, 2009 [December 13th, 2009]
- LPIN HQ Seeks Interns in 2010 - December 13th, 2009 [December 13th, 2009]
- Cato: More Federal Health Care Fraud - December 13th, 2009 [December 13th, 2009]
- Indiana Election Division Releases Important 2010 Election Guides - December 13th, 2009 [December 13th, 2009]
- Mahmoud Ahmadinejad preparing Holy War against the United States - December 13th, 2009 [December 13th, 2009]
- Pro-Liberty Students in Iran Protest Against the Government - December 13th, 2009 [December 13th, 2009]
- It's Official! Tea Party Movement founded by Libertarian Republicans and that settles it! - December 13th, 2009 [December 13th, 2009]
- Good news for Republicans against Dodd; All three GOPers come out ahead - December 13th, 2009 [December 13th, 2009]
- Massachusetts GOP: We have a candidate - December 13th, 2009 [December 13th, 2009]
- Libertarian Republican bloggers discuss Climategate, Health Care and Hot Political Races - December 13th, 2009 [December 13th, 2009]
- Panel votes against Impeachment for Libertarian Republican Gov. Mark Sanford - December 13th, 2009 [December 13th, 2009]
- Reid Senate Plan includes Individual Mandates: $750 Fine for Non-Compliance - December 13th, 2009 [December 13th, 2009]
- OHIO: More gains in latest poll for Fiscal Conservative John Kasich - December 13th, 2009 [December 13th, 2009]
- Yet another bigtime incumbent Dem calls it quits; Rep. Brian Baird (WA) faced increasingly tough Reelection - December 13th, 2009 [December 13th, 2009]
- RCP running average for Obama Approvals drops to 48.9% - December 13th, 2009 [December 13th, 2009]
- Sarah Palin, Ron Paul ticket 2012? Sarah on Top - December 13th, 2009 [December 13th, 2009]
- Libertarians attacked by Leftists at Welcoming Event in Copenhagen - December 13th, 2009 [December 13th, 2009]
- Baucus mistress Melodee Hanes sleeping her way to the Top - December 13th, 2009 [December 13th, 2009]
- Not the First Time Baucus has had a Sex Scandal: Harrassment Allegations back in 1999 - December 13th, 2009 [December 13th, 2009]
- Baucus "Bimbo Eruption" gains Criticism back Home; Calls for his Resignation - December 13th, 2009 [December 13th, 2009]
- Senator DeMint officially endorses Michael Williams for US Senate - Texas - December 13th, 2009 [December 13th, 2009]
- WISCONSIN: Terri McCormick for Congress - December 13th, 2009 [December 13th, 2009]
- Nancy Pelosi as Stalin: One California Korean-American says it fits - December 13th, 2009 [December 13th, 2009]
- Abolish Medicare says Glenn Beck - December 13th, 2009 [December 13th, 2009]
- Glenn Beck on Barbara Walters: Describe my politics? "Libertarian, Maximum Freedom" - December 13th, 2009 [December 13th, 2009]
- Obama is a Muslim entering Pop Culture - December 13th, 2009 [December 13th, 2009]
- Fed Bureaucrats get big raise in Compensation: Private Sector workers grow Poorer - December 13th, 2009 [December 13th, 2009]
- Obama Administration launches Massive Assault on Financial Privacy - December 13th, 2009 [December 13th, 2009]
- Tucker Carlson to launch new Journalist Website: Promises not to "suck up" to Obama - December 14th, 2009 [December 14th, 2009]
- Michele Bachman: Time to KILL SOCIALISM! - December 14th, 2009 [December 14th, 2009]
- IDAHO: Democrat switches to Republican to run against libertarian-leaning Dem Rep. Walt Minnick - December 14th, 2009 [December 14th, 2009]
- Did the Missoulian cover up for the Max Baucus Affair? - December 14th, 2009 [December 14th, 2009]
- And now some good old-fashioned Hardcore Right-wing Punk Rock from Wyoming - December 14th, 2009 [December 14th, 2009]
- Obama's approval ratings take another dip at RCP - December 14th, 2009 [December 14th, 2009]
- Adam Andrzejewski for Illinois Governor: Deserving of Conservative and Libertarian support - December 15th, 2009 [December 15th, 2009]