BrianHoltz for Congress - marketliberal.org
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2004 Platform

My platform is similar (but not identical) to the Cato Institute's 600-page Handbook for Congress, which is available as a single 3Mb PDF file.  I have five major disagreements with the Libertarian Party Platfrom.


1. Principles

1.1. Subjects of Ethics

A being is any entity possessing life, sentience, or intelligent volition, and are the only entities that have rights. There are two classes of beings: persons and organisms. A person is any intelligent being with significant volitional control over how it affects other beings. Thus persons are obligated to minimize the incidence of

1.2. Objects of Ethics

Property is anything that an agency has the exclusive right to possess, use, and assign. A resource is any physical or logical supply or space which exists without intelligent sustenance and is easy to use in part but hard to control as a whole, such as air, land, water, pollution sinks, sunlight, wind, views, fish, game, minerals, meteorites, space, orbits, bandwidth, public namespaces, etc. Polluting or monopolizing a resource is aggression against the persons who have been exercising continuing access to it. A possessable resource is one, such as land or sunlight, of which a part may be controlled such that any outsider's use of it is easily detectable by the controller. Even privatized property interests in unpossessable resources are subject to the tragedy of the commons, because the owner cannot readily identify who is violating his interest.

1.3. Ethical Relations

Persons have no right to inflict negative externalities impacting property and resource rights, and no right to demand compensation for positive externalities.

Cooperation is the interaction among persons for mutual benefit. Cooperation is usually positive-sum even for direct and reversible exchanges, because the exchanging persons have differing needs or values. The right of association is the right of persons, except in cases of anti-competitive monopoly, to cooperate or decline to cooperate with whom they choose. Cooperation can take many forms. A contract is an explicit understanding among consenting agents to exchange with or affect each other in a specified way.

Aggression is the violation by a person of another person's rights, and consists only of: personal injury, damage to property, infringement of resource rights, coercion, fraud, anti-competitive monopoly, or inducement or deceptive incitement of third parties to any of these. Coercion is compulsion of one person by another through force or threat of aggression. Fraud is any attempt  to profit by deceiving a person into making a choice intended to cause him economic harm relative to what would have been his undeceived choice. Anti-competitive monopoly is the intentional control or denial of a person's participation in an industry by the coordinated action of the person(s) controlling that industry.

Competition is the contrary efforts of persons to win the consent of some other person(s) to associate in some way. The infliction of opportunity costs through non-monopolistic competition does not by itself constitute aggression. Expression is only aggression if it involves deception that intentionally or negligently causes actual harm or serious risk thereof, for example by yelling "fire!" in a crowded (but not burning) theater. Non-deceptive incitement to aggression is not itself aggression.

Justice is the minimization, reversal and punishment of aggression. Injustice is unminimized, unreversed, or unpunished aggression. The minimization of coercion can itself justify a minimal amount of coercion. Coercion should be reversed by payment of damages or, if possible, reparation of the original property or access rights to the coerced persons. Serious coercion should be punished by loss of freedom, personal interaction, and even life.

Liberty is volition in the absence of aggression. Thus justice can also be defined as the most liberty for the most persons. Freedom is significant volition: the power of making significant decisions about an agent's own actions. The freedoms of two persons can be in complete conflict, but their liberties by definition cannot.

1.4. Purpose of the State

A state is an organization of persons that has control and sovereignty over a particular region and the persons in it.  To meet their obligation to minimize death, extinction, aggression, and torture, the persons in a region join together in a social contract to create or authorize the state. The purpose of the state is to

1.5. Duties of the State

The specific duties of the state are therefore to

1.6. Powers of the State

The powers of the state necessary for carrying out its duties are to

1.7. Restrictions on the State

In no case may the state

2. Personal Liberty

2.1. Expression

Ban only defamation. Unrestricted campaign contributions & spending, but require instant e-disclosure.

2.2. Religion

No government religious observance when attendance mandatory.

2.3. Sexuality

Allow grownups to decide what behaviors to consent to.

2.4. Birth and Death

Allow any consensual reproductive behavior that does not violate the rights of sentient humans. Allow suicide and court-approved guardian-approved euthenasia.

2.5. Psychotropics

Allow adults to decide what substances to consume. No prior restraint, but massive punishment for negligence.

2.6. Risk-Taking

Decriminalize all consensual non-fraudulent gambling. Repeal seatbelt and helmet laws.

3. Personal Security

3.1. Negative Externalities

Tax products/transactions for pollution caused. Allow trading of emissions licenses.

XXX

3.2. Criminal Justice

Support death penalty.  Relax exclusionary rule only if massive penalties for transgressing police. Support victims' rights.

3.3. Arms

Allow private ownership only of aimed single-target non-automatic weapons.

3.4. Privacy

Allow any non-fraudulent use of information derived from voluntary associations.

4. Economic Liberty

4.1. Employment

Allow informed consenting peaceful adults to enter any non-fraudulent employment relationship

4.2. Consumption

Mandate truth in labeling; prosecute fraud, enforce liability.

4.3. Real Property

Enforce nuisance laws; restrict eminent domain to infrastructure needs; tax property for infrastructure impact,

4.4. Intellectual Property

Eliminate most forms of copyright. Restrict patent tenure, tighten obviousness rule.

5. Economic Security

5.1. Natural Resources

Auction access to unowned natural resources.

5.2. Sustenance and Shelter

De-federalize. State-provided negative income tax, partly in form of food and housing vouchers.

5.3. Health Care

The problem with health care in America is not that Americans are under-insured. It's that we're over-insured in several important ways. 
  1. The government provides an enormous tax subsidy for employers to provide health insurance, which
  2. The government provides bloated defined-benefit insurance programs (Medicare and Medicaid) with an antiquated mix of coverages and the wrong balance between routine care and catastrophic coverage.
  3. The government over-regulates private health insurance, interfering with the ability of insurers and beneficiaries to agree on lower-cost alternatives. 
The government also increases costs by
Leftists generally no longer claim the government should run the hospitals, and some leftists now even admit that the government shouldn't run the health insurance industry. But they still want the government to be the only payer for health insurance, and this would only move the inefficiency around, rather than eliminate it. The system would still be bloated and inefficient, because with the government writing all the checks, consumers of health care would still be insulated from the costs of their consumption decisions.  Instead of consumers balancing their needs against the costs of meeting those needs, their consumption would inevitably be restrained in alternative ways, like long waiting times or outright rationing.

The key to healthcare reform is to limit government's role to what government can do better than market participants can do on their own. In  health care, the government can do four key things that markets can't:
  1. Provide a safety net of basic health care for people in immediate need.
  2. Provide vouchers to people who cannot otherwise afford catastrophic health insurance.
  3. Require non-poor people to buy catastrophic insurance (so that they don't use the safety net as their insurance).
  4. Incentivize people to buy preventive care by means of tax-deductible medical savings accounts.
This would make the government healthcare system less of a defined-benefit program, and more of a defined-contribution program. This kind of reform is the key to cost management and sound financing in both healthcare security and retirement security.

5.4. Education

De-federalize. States should give parents personal control of spending for their childrens' education.

5.5. Retirement

Privatize Social Security. Trim benefits for retirees who have already recouped all contributions + interest + inflation.

6. Macroeconomic Policy

6.1. Government Finance

Line-item veto. Supermajority for tax rate increases or spending increases beyond population + inflation.

6.2. Money

Steady money supply growth to limit inflation.

6.3. Markets

Police fraud but otherwise deregulate. Insider trades allowed if instantly epublished.

6.4. Artificial Monopoly

Relax but not eliminate antitrust law.

6.5. Natural Monopoly

Regulate local physical networks, but deregulate content and supply.

7. Microeconomic Policy

7.1. Agriculture

End all price supports, subsidies, and trade restrictions.

7.2. Health Care

De-federalize. State-provided safety net of basic healthcare. Tax incentives for employer-independent portable personal health insurance.

7.3. Energy

End subsidies and liability shields. Tax fuels according to the costs incurred by their emissions,

7.4. Transportation

7.5. Communications

8. Transnational Policy

8.1. Interplanetary

Monitor Earth-crossing asteroids. Support SETI.

8.2. Global

Promote political/economic freedom. Fight tyranny when benefits to human freedom outweigh costs. Multilateral when possible, unilateral if necessary. Free trade, except sanctions for international externalities (e.g. warming).

8.3. East Asia

Nuclear deproliferation. Encourage China liberalization.

8.4. Europe

Support NATO expansion.

8.5. Americas

8.6. Southwest Asia

Oppose non-representative government, incl. Israeli occupaton of W. Bank.

8.6.1. Iraq

Now that we're in Iraq, there isn't much major disagreement about how to work our way out. The main point I would make here is that we should be open-minded about the concept of Sunni and Shia autonomous regions if it would help avoid civil war.

Concerning the start of the war, I supported it for two reasons. First, I believe that the government's duty to defend human freedom doesn't completely stop at our borders.  Saddam had killed a million or two people, invaded one neighbor and annexed another, fired ballistic missiles at two more, pursued nuclear weapons, and defied UN security council resolutions to disarm. He needed to go.  Second, we had existence proofs in both Kurdistan and Afghanistan that we could depose tyranny in the region with reasonably good consequences. Iraq is more secular, literate and wealthy than those other two societies, so optimism was reasonable. It was worth trying, even if it turns out that the Sunnis and Shiites in Iraq weren't ready for civil self-rule.

8.7. Sub-Saharan Africa

8.8. Military Policy

Cancel missile defenses and penetrating strategic bombers (B2) as unworkable.

9. Franchise

9.1. Personhood

9.2. Citizenship

Liberalize immigration for English-fluent skilled workers. Legalize illegals as temporary workers.

9.3. Nascency

Rights a function of neural development: no abortion after ~24 weeks except to save life of mother.

9.4. Senescence

9.5. Sexual Orientation

No government discrimination, including in marriage. Protect private right not to associate.

9.6. Species Membership

Prevent extinction when at all feasible. Ban inhumane animal treatment.

10. Governance

10.1. Representation

10.2. Organization

10.3. Procedure

10.4. Territory

10.5. Secession