Can Rand Paul break past controversy over Civil Rights Act comments?

Except the Civil Rights Act didn't lead to smoking bans. The Wickard v. Filburn ruling and the FDR New Deal is what did that. Wickard v. Filburn paved the way both for the CRA provisions Rand was criticizing, drug laws, gun laws and all sorts of other federal government involvement in private business. I've tried to explain this multiple times, but people on this forum just don't seem to want to listen. *heavy sigh*

wowowowow, I was aware of the government forcing people to plow crops under during the great depression but I hadn't seen the "justification" allowing them to do so. I guess it isn't any worse or better than a fiat law or order brought about by the 51%ers which amounts to the same, but at least the latter is dependent on 51% rather than a DA. Scary!
 
wowowowow, I was aware of the government forcing people to plow crops under during the great depression but I hadn't seen the "justification" allowing them to do so. I guess it isn't any worse or better than a fiat law or order brought about by the 51%ers which amounts to the same, but at least the latter is dependent on 51% rather than a DA. Scary!
Check out, Gonzales v. Raich [2005] ruling that medicinal marijuana affects the aggregate levels of marijuana, (a substance which is still overwhelmingly illegal), in the United States and is therefore under federal jurisdiction under the supposed authority of the Commerce Clause.

A woman in California couldn't grow some plants to alleviate her medical symptoms (a brain tumor, among other things) for the incredible reason that marijuana, as the Wickard v. Filburn case provided precedent for, could somehow, someday, (though she grew it for personal consumption) affect the aggregate levels of a currently illegal crop. The absurdity knows no bounds.

Angel Raich.

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This is the 'justice' that the SCOTUS provides.
 
If I were in a wreck, the last place I'd wish to be taken, especially unable to properly defend myself, is to a place that despised me vehemently on such irrational grounds as skin pigmentation. They'd be more liable to give you a few 'drops' more than needed on a Morphine IV than provide proper care. At the very least, regardless, you'd be waiting until every other person suffering of any ailment was treated before being seen. And then still, they'd be liable to poison you, or simply not adequately treat you. It's a shameful topic, actually.

Doesn't that require the assumption that most white people who went along with segregation, including those in the medical field who very well could have worked and/or trained in desegregated institutions elsewhere, were homicidal maniacs ready for their first chance to kill blacks? Have you heard of Vivien Thomas? He was a black surgical technician who helped pioneer open heart surgery in children. He invented many of the tools required for the surgery. The white surgeon, Alfred Blalock, didn't even want to do the surgeries without Vivien present. Yet Blalock didn't buck the racial social code of the day and give Vivien the public recognition he deserved. Would Blalock have purposefully killed a black patient under "forced segregation"? I don't think so. The truth is that many white people went along with segregation because it was expected of them. Hell, it was the law in some circumstances. I read once about a private university in Kentucky that was initially desegregated but was forced to segregate because of Kentucky law. Now, that kind of fits into the Ron Paul theory that if you could just get the government out of the way people would eventually do the right thing. Of course getting state government out of the way in this instance meant over-riding "states rights". (I'm pretty sure I've read Ron Paul state that he was in favor of federal laws that struck down state segregation laws.)

Something else to consider in the equation. The "they'll take me regardless of my skin color" hospital that you might have been taken to could have been woefully inadequate even if you got there before you bled to death. My mom and aunt, both in the medical field during segregation, came home to Alabama to care for my grandmother when she had an intestinal obstruction. Those use to be fatal, but my aunt had worked with a doctor who had tested a pump that would clear them. She needed some saline (salt water) solution in order to operate the pump. She asked one of the nurses, who look shocked. She said "Well I'm not going to give it to you, but it's under the sink." My aunt looked under the sink and saw that this ignorant nurse was telling her were she could find cyanide solution as opposed to saline solution. I'm not being mean by the use of the word "ignorant" here. The nurse simply didn't know. She wasn't well trained. So, you've got a choice between a hospital 15 minutes away will well trained staff that might hate you enough to risk everything to kill you even if they don't know you, and a hospital an hour away where the staff might accidentally poison you simply because they don't know what the hell they are doing. Which one do you choose?

And here's the 20/20 hindsight. Desegregation happened. This isn't "theory" we are talking about. And the hospitals that were once segregated now have black, white, asian and latino doctors and nurses. I don't know of any credible reports of people being offed because of their race. The jury's out on school desegregation, but hospital desegregation achieved an end that most people would agree is positive. Something else to remember. Hospitals have long been a state controlled monopoly. You just can't build a hospital anywhere you want just because you have the money. You must have a "certificate of need." I know of at least one black run hospital that started in 1901 in Nashville TN and was run out of business by state regulators for no other reason than they didn't want to see it grow. Yeah that sucks. But that's the America we live in and have lived in for some time.

Do understand people that don't support you, you have to understand their fears. No sane black person would want to go back to the days of segregation. Arguments that make it sound like a rational choice aren't going to win anyone over. You can win some blacks over to the idea that affirmative action shouldn't go on indefinitely and that welfare does more harm than good. And you might get some to see the idea that the same result of desegregation could have been achieved without relying on unconstitutional methods. But if you lead with "Don't you want the right to discriminate?" or "Aren't you afraid that white people might kill you in their hospitals or spit in your food at their restaurants?" you're not going to get anywhere.

That said, many blacks weary of the failures of the public school system, are open to the idea that forced busing isn't such a good idea or that vouchers might be a good thing. Even white liberals are starting to criticize busing as a colossal failure. So...why fight yesterday's battles? Re-frame the fight over the commerce clause in terms of medical marijuana (for the left) and federal gun laws (for the right) and health freedom (for everybody). On the race issue, find areas where blacks and white liberals are possibly at odds.

There is no place in the movement for the white liberal. He is our affliction.”—James Baldwin

In any case, your advice for Rand Paul is politically intelligent. I would say he needs to go the property rights route with a touch on the bastardization of the Interstate Commerce Clause while acknowledging and expounding upon the ridiculousness that is racism, collectivism, and stressing the rights of the individual as well as mentioning that in spirit he supports what was set out to be done by the CRA, but that infringing on property rights to accomplish those ends is not wise. Public opinion has changed, largely, and will continue to do so, yet those infringements will still be there. Regardless, for the low information voter it will not matter. And the propagandists aren't paid what they're paid simply for repeating a narrative. I have no doubts they are rather versed in the works of Bernays.

In any case, welcome back. Wickard v. Filburn is a case all should be familiar with.

Thanks for the affirmation and the welcome back and the link with Wickard. Rand is at the moment doing exactly what I would tell him to if I was a close adviser. He's distancing himself from an unpopular position and building up credibility with the very people most likely to be offended by it. Americans have short attention spans and most are woefully under informed. Yes, in 2016, if/when Rand gains traction his infamous Rachel Madcow interview will be sliced and diced into one sick 30 second commercial. That's the time he will need to come forward and talk about his position. But hopefully by then he will have made enough friends and allies among black power brokers, especially in Kentucky, to be willing to stand beside and speak up for him. Right now he's at 18% among blacks against Hillary in Michigan. That's freaking huge! If that translates nationwide, then he beats Hillary hands down. Of course....he's got to get through the primary.

Now, don't forget what happened when he first won the senate. During the primary all of the attacks were concentrated on things meant to anger republican voters. He was attacked for a supposed "isolationist" foreign policy, or for wanting to legalize drugs, or for not being hard enough against abortion. The civil rights act didn't become a big issue until the general election. I expect history will repeat itself. Sure Madcow will be attacking early and often, especially if/when Rand starts winning early contests, but as long as Rand stays at 15 to 18% support among blacks against Hillary that won't matter. How can the GOP say "Don't vote for Rand. He can't win because he's racist." if Rand's poll numbers stay like that? Ron's did despite the newsletter problem. What killed Ron wasn't the newsletters or 9/11 truth or any other side issue. What killed him, besides a campaign staff that was at times skittish and at other times incompetent, is that his foreign policy was out of step with rank and file "We can't admit we were wrong about Iraq and Afghanistan" republicans. That dynamic is changing because 1) Rand soft peddles his foreign policy views and 2) Iraq and Afghanistan have become such hell holes that now the neocons are having to soft peddle their foreign policy.

So...stay the course Rand...even if you do tick off people in your own ranks.
 
That's sad. Sad as hell. I read the opinion in that case, but never knew anything about the woman behind it. Something else that gets to me. I know people in the medical community who say "Sure marijuana has some healing properties, but we can isolate the 'good' parts without having the 'bad' part." What these people don't know is that the best part of medical marijuana is that you don't have to depend on big pharma to get it! (And the people I'm talking about aren't part of big pharma themselves. They are just naive.) Thanks for posting this!

Check out, Gonzales v. Raich [2005] ruling that medicinal marijuana affects the aggregate levels of marijuana, (a substance which is still overwhelmingly illegal), in the United States and is therefore under federal jurisdiction under the supposed authority of the Commerce Clause.

A woman in California couldn't grow some plants to alleviate her medical symptoms (a brain tumor, among other things) for the incredible reason that marijuana, as the Wickard v. Filburn case provided precedent for, could somehow, someday, (though she grew it for personal consumption) affect the aggregate levels of a currently illegal crop. The absurdity knows no bounds.

Angel Raich.

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This is the 'justice' that the SCOTUS provides.
 
If I were in a wreck, the last place I'd wish to be taken, especially unable to properly defend myself, is to a place that despised me vehemently on such irrational grounds as skin pigmentation. They'd be more liable to give you a few 'drops' more than needed on a Morphine IV than provide proper care. At the very least, regardless, you'd be waiting until every other person suffering of any ailment was treated before being seen. And then still, they'd be liable to poison you, or simply not adequately treat you.

Interesting word choice with the word "liable" because that's the key word. Because if they were going to screw me over, they would have to break the law to do it and risk their career that they won't get exposed for mistreating people, as opposed to just refusing service with no consequence. At the end of the day you can't coerce behavior, but you can put the law on the right side.
 
Interesting word choice with the word "liable" because that's the key word. Because if they were going to screw me over, they would have to break the law to do it and risk their career that they won't get exposed for mistreating people, as opposed to just refusing service with no consequence. At the end of the day you can't coerce behavior, but you can put the law on the right side.
The law being put on the right side would have a been a dissolution of the state coercion that was forcing business owners to segregate. Many did not want to, whether for economic reasoning or on moral principle.

Infringing upon property rights is not the answer to discriminatory practices. The law, if it is to be considered law, and just, would apply equally to all protecting the property thereof, and recognizing the inherent individual rights each is blessed with.

Sir, I repeat that individual rights are the only human rights. Legally speaking, there are no such things as "public rights," as distinguished from individual rights. Legally speaking, there is no such creature or thing as "the public." The term "the public" is an utterly vague and indefinite one, applied arbitrarily and at random to a greater or less number of individuals, each and every one of whom have their own separate, individual rights, and none others. And the protection of these separate, individual rights is the one only legitimate purpose, for which anything in the nature of a governing, or coercive, power has a right to exist. And these separate, individual rights all rest upon, and can be ascertained only by, the one science of justice.

Legally speaking, the term "public rights" is as vague and indefinite as are the terms "public health," "public good," "public welfare," and the like. It has no legal meaning, except when used to describe the separate, private, individual rights of a greater or less number of individuals.

In so far as the separate, private, natural rights of individuals are secured, in just so far, and no farther, are the "public rights" secured. In so far as the separate, private, natural rights of individuals are disregarded or violated, in just so far are "public rights" disregarded or violated. Therefore all the pretences of so-called lawmakers, that they are protecting "public rights," by violating private rights, are sheer and utter contradictions and frauds. They are just as false and absurd as it would be to say that they are protecting the public health, by arbitrarily poisoning and destroying the health of single individuals.

The pretence of the lawmakers, that they are promoting the "public good," by violating individual "rights," is just as false and absurd as is the pretence that they are protecting "public rights" by violating "private rights." Sir, the greatest "public good," of which any coercive power, calling itself a government, or by any other name, is capable, is the protection of each and every individual in the quiet and peaceful enjoyment and exercise of all his own natural, inherent, inalienable, individual "rights." This is a "good" that comes home to each and every individual, of whom "the public" is composed. It is also a "good," which each and every one of these individuals, composing "the public," can appreciate. It is a "good," for the loss of which governments can make no compensation whatever. It is a universal and impartial "good," of the highest importance to each and every human being; and not any such vague, false, and criminal thing as the lawmakers—when violating private rights—tell us they are trying to accomplish, under the name of "the public good." It is also the only "equal and exact justice," which you, or anybody else, are capable of securing, or have any occasion to secure, to any human being. Let but this "equal and exact justice" be secured "to all men," and they will then be abundantly able to take care of themselves, and secure their own highest "good." Or if any one should ever chance to need anything more than this, he may safely trust to the voluntary kindness of his fellow men to supply it.


Lysander Spooner. A Letter to Grover Cleveland: On His False Inaugural Address, The Usurpations and Crimes of Lawmakers and Judges, and the Consequent Poverty, Ignorance, and Servitude Of The People (Kindle Locations 122-146).
 
Infringing upon property rights is not the answer to discriminatory practices. The law, if it is to be considered law, and just, would apply equally to all protecting the property thereof, and recognizing the inherent individual rights each is blessed with.

I do not understand why it is important to protect anyone's "right" to discriminate due to race. Having property rights means you should be free to do with your property as you see fit as long as it does not harm others. Race discrimination when you use your property, particularly when it is performed by a majority each exercising their individual "right", does tangible harm to the minority group being discriminated against. This isn't some hypothetical theory, it actually happened. It is no wonder that black Americans scoff at the idea that having personal property rights means you have the right to collectively use your property in a manner that oppresses people on account of their race.
 
I do not understand why it is important to protect anyone's "right" to discriminate due to race. Having property rights means you should be free to do with your property as you see fit as long as it does not harm others. Race discrimination when you use your property, particularly when it is performed by a majority each exercising their individual "right", does tangible harm to the minority group being discriminated against. This isn't some hypothetical theory, it actually happened. It is no wonder that black Americans scoff at the idea that having personal property rights means you have the right to collectively use your property in a manner that oppresses people on account of their race.
So the law was unjust, made people discriminate against others based on race, while offering by and large no protection to blacks against violent attacks, and barring many from adequately arming and defending themselves, and the solution is not simply to recognize law as being solely the protection of the individual's rights? (of which private property would fall under)

Had the law been what it should have been all along, this problem would be by and large non-existent. But no, the government creates a mess, and then the 'solution' to their mess is the violation of everyone's rights. It's a story told time and time again.
 
So the law was unjust, made people discriminate against others based on race, while offering by and large no protection to blacks against violent attacks, and barring many from adequately arming and defending themselves, and the solution is not simply to recognize law as being solely the protection of the individual's rights? (of which private property would fall under)

Had the law been what it should have been all along, this problem would be by and large non-existent. But no, the government creates a mess, and then the 'solution' to their mess is the violation of everyone's rights. It's a story told time and time again.

No, the problem would not have been non-existent. The problem is a result of the human condition, not the government, although granted the government did not exactly help. One of the fundamental principles in the founding documents is universal protection from a tyranny of the majority. Taking measures to prevent this from occurring is perfectly in line with that.
 
No, the problem would not have been non-existent. The problem is a result of the human condition, not the government, although granted the government did not exactly help. One of the fundamental principles in the founding documents is universal protection from a tyranny of the majority. Taking measures to prevent this from occurring is perfectly in line with that.
The "founding documents" (the Constitution, rather) counted blacks as 3/5ths a person and called for the capture and return of escaped slaves. What was that in line with?

Certainly not justice.

And what, with certainty, would the infringement of property rights be?

Certainly not justice.

The government "not [exactly] helping" would be the understatement of the year. They allowed slavery, punished those who did not return escaped slaves, executed those who through force tried to right that wrong, used the courts to bind people down and return slaves, established the Jim Crow laws, punished those who thought they were immoral or counterproductive, refused to prosecute those terrorizing, killing, and committing acts of violence (often the police, themselves), created laws that made it difficult for blacks to adequately defend themselves, created laws that directly targeted blacks. I mean the list goes on and on.

If people had respected the individual's rights, and the courts weren't worth less weight than piss, and the government was legitimate and founded upon consent, this never would have happened. A tall order for people who want something at the expense of others, I'm sure, but nonetheless what should be striven for. And part of respecting individual's rights would be respecting their property (and I don't mean the government's court's barbaric decisions that slaves equal property.... smdh).

It isn't as if they suddenly became moral, you know? Or suddenly had some grand epiphany. The injustice is still here. There's more slaves in America now than there was back then. And the drug laws disproportionately affect blacks and Hispanics (that's why they were created in the first place, so I guess another government job well done). Where is the great triumph of justice now?

To violate some rights to fix government enforced and maintained injustices is not the way society should operate. The respect of all's rights is justice. These are quite simple concepts that have been written about for hundreds of years. Yet the legally trained lawyers turned judges couldn't be bothered with such doctrinaire or radical concepts. Collectivism = tyranny.

Regardless what reason someone has that you may not enter their property; no matter what stupid, or absurd line of reasoning as may be found among Men; no matter how superficially one is hurt by discriminatory practices; one's property is their property. You can't walk into someone else's house against their will, you can't walk into someone's business against their will. "Public rights" is a legal fiction.

And had the government been strictly about protecting individual rights and not about divvying up loot and oppressing people business of all kinds would have thrived.

Where was the government to protect Black Wall Street?
 
I'm not totally sure what position Jmdrake and Crashland are taking here, so I'm not really sure what to try to argue.

Are the two of you saying that you actually support all of the CRA? (The parts that ban private property owners from discriminating, I'm not concerned about the states rights issue ATM since that's more of a constitutional issue than a philosophical one).

Or are you just saying that there's no way Rand can oppose it without getting politically killed, even though it (again, the property restricting portions of the CRA) is wrong?

The former would come down to a philosophical difference. It could be arguable that the hospital situation could be a "lifeboat scenario", while it seems clear to me that a restaurant, hotel, etc. is not. Even with lifeboat scenarios though, we are perhaps saying that aggression, in defiance of the law, could be justified in an extreme situation. If we are challenging the NAP as a legal principle, we are outside the realm of libertarianism (which I suppose is fine, there's no rule saying everyone here must be libertarian nor should there be, but I'm operating under the presumption that libertarianism is correct.)

So, perhaps we could justify breaking into a "whites only" pharmacy if it was the only way to save a black person's life. Maybe. I wouldn't really blame them if they did it. But its still a violation of the NAP, and something they are going to have to pay the consequences for later on. The owners of the pharmacy, however reprehensible, deserve compensation for the violation of their property rights.

Now, if its a geography issue (basically, if we don't do something right this minute people are going to die) I could justify breaking the law but not changing it. Personally, if I had a family member that would die if I didn't commit a crime, I very well might do it, but I'd turn myself in right afterward. I certainly wouldn't make excuses for my actions or pretend like I didn't owe the people I transgressed against, however reprehensible they may be, compensation.

On the other hand, if its not a geography/time issue, if nearly every white person hates black people and will have nothing to do with them, black people are basically screwed anyway (in a majority white country.) There's no good scenario in that situation. But, there's no way that anti-discrimination laws are passed by that electorate. More likely, laws that favor whites will be passed. The minority is still better under libertarianism than any other situation. In that situation, while that society certainly needs social change as well as libertarian private property rights, libertarian private property rights are still going to help.

Now, if we're talking about politics, Rand would probably be politically screwed if he challenged this law. I don't necessarily think that means he shouldn't do it, since it needs to be done.
 
FF, I don't have a "position" on the CRA and I personally believe that in 2014 it's silly to have one. On the one hand, in a society where Oprah Winfrey has more influence that just about every white woman I can think of, I can't fathom any major white business seriously attempting to discriminate. Just look at Donald Sterling. He's not in hot water for violating the Civil Rights Act. He's in hot water because society has changed so much that even legal racism has a cost, as opposed to 1958 when George Wallace lost his first bid for governor for not being racist enough. On the other hand, government involvement in general and federal government involvement in particular in the private sector did not begin with the CRA. I believe Ron Paul made a historical and tactical error in singling out the CRA as the cause of federal involvement in private business when it was not the cause but merely a symptom. It was a historical error because...well it's just not true. The commerce clause was being used as a wedge to destroy federalism back when FDR was president. It's a tactical error because it makes it seem like the movement is pro-segregation when it is not.

Now, as for your lifeboat analogy, for it to be correct you would have to say that the government only allowed so many lifeboats to be built and the "black" lifeboats that were allowed to be built were substandard. Long before the CRA, state governments were regulating who could build hospitals and where. Now I know libertarian philosophy doesn't allow for that, but that's reality. I'm not one to ignore reality for the sake of philosophy.
 
FF, I don't have a "position" on the CRA and I personally believe that in 2014 it's silly to have one.

Maybe its silly, but I don't care about my political credit. I think its an awful law.
On the one hand, in a society where Oprah Winfrey has more influence that just about every white woman I can think of, I can't fathom any major white business seriously attempting to discriminate.

I agree. But that isn't the point. The point is that very same precedent is being used in other situations, such as requiring one not to discriminate against gays (usually I don't agree with discriminating against gays but in some cases, such as in the wedding cake case, I can agree with it) in violation of one's religious convictions, and so forth. We have to fight for the core principle. Government has no right to ban private property discrimination of any kind, for any reason, period. The point isn't that a black person might want to discriminate to. That isn't the reason for the discriminate against the KKK point. The point of that is to say that our objection is to laws regulating what people can do with their property, not opposition to black people. Any sane black person can at least understand that. Any person (white or black or otherwise) who cannot comprehend that is a moron. Its an extremely simple principle.

I don't want to discriminate against black people either, but I'm still downright offended that there's a law against it, just like I'm offended by the idea that someone doesn't have the right to discriminate against me for being Christian.
Just look at Donald Sterling. He's not in hot water for violating the Civil Rights Act. He's in hot water because society has changed so much that even legal racism has a cost, as opposed to 1958 when George Wallace lost his first bid for governor for not being racist enough.

For the most part I think this is a good thing. Racism should be frowned upon, though I'm not sure why its the sin of all sins (I'd rather you be racist against me than want to bomb me for example) but it certainly should not be socially accepted.
On the other hand, government involvement in general and federal government involvement in particular in the private sector did not begin with the CRA. I believe Ron Paul made a historical and tactical error in singling out the CRA as the cause of federal involvement in private business when it was not the cause but merely a symptom. It was a historical error because...well it's just not true. The commerce clause was being used as a wedge to destroy federalism back when FDR was president. It's a tactical error because it makes it seem like the movement is pro-segregation when it is not.

I don't think Ron says that this started government involvement. I think the issue is that with other forms of discrimination people are being hypocrites because they want to defend the right to certain types of discrimination, but not others. For instance, if that guy who refuses to make a wedding cake for a gay couple supports the CRA of 64 (The whole thing) than he is a hypocrite.
Now, as for your lifeboat analogy, for it to be correct you would have to say that the government only allowed so many lifeboats to be built and the "black" lifeboats that were allowed to be built were substandard.

I don't literally mean a lifeboat analogy. A "lifeboat scenario" is a term I've seen used on here to describe an extreme, abnormal situation in which a libertarian might feel morally justified in breaking the NAP in order to save lives.
Long before the CRA, state governments were regulating who could build hospitals and where. Now I know libertarian philosophy doesn't allow for that, but that's reality. I'm not one to ignore reality for the sake of philosophy.

That certainly changes things, in that instance. I don't think governments should be allowed to discriminate. I think individuals ought to be allowed.
 
FF, you certainly have a right to your position. And if you want to tilt at windmills I will not stand in your way. But no "sane" black person would trade the end of Jim Crow, private or public, for the right to discriminate himself. And saying "Well it's about private property rights" ignores the fact that the Federal government, and the state government before that, had already breached private property rights. I've read Ron's statements on the CRA. (See: http://www.ronpaul.com/on-the-issues/civil-rights-act/). He claimed that the power it gave the Federal government over employment was "unprecedented". But the Federal government had already used the same commerce clause power to ban child labor, enact minimum wage laws, create laws protecting labor unions and a "labor relations board." All of that happened before the CRA. Now I know Ron doesn't support (at least I think he doesn't) any of that either. But my point is, the power grab was not "unprecedented". It was par for the course.

Now, life is not a video game or a "choose your own ending" DVD. I can't rewind history and see what would have happened if the CRA as written had not passed. Maybe the desegregation of government owned facilities would have been enough to cause the overall needed cultural shift. Maybe it wouldn't have been. I dunno. But when you talk about who's "sane" or not "sane" based on who agrees with you on a particular issue, you paint yourself into a corner where you are not politically effective. If you don't care, that's your prerogative.
 
Doesn't that require the assumption that most white people who went along with segregation, including those in the medical field who very well could have worked and/or trained in desegregated institutions elsewhere, were homicidal maniacs ready for their first chance to kill blacks? Have you heard of Vivien Thomas? He was a black surgical technician who helped pioneer open heart surgery in children. He invented many of the tools required for the surgery. The white surgeon, Alfred Blalock, didn't even want to do the surgeries without Vivien present. Yet Blalock didn't buck the racial social code of the day and give Vivien the public recognition he deserved. Would Blalock have purposefully killed a black patient under "forced segregation"? I don't think so.
I had not heard of him, no. I wasn't particularly framing it that you would be killed. Simply that nationalists, indignant over their own shortcomings, indoctrinated in a hate laden mantra, raised that way since the womb, cannot be discounted on the kinds of things they'd do. White police officers were murdering black men with impunity. (and whites, etc.) They were pulling people over and assaulting them. They were falsely imprisoning them for days, weeks, years or decades. The judges ruled in favor of them. The population nullified the trials. If one of the particularly violence prone, philosophically astray sociopaths happened into a position at the hospital, I would put nothing past them. We can do the hypothetical which would be a worse scenario, inadequate hospitals, or purposely procrastinating, inadequate care all day long. I'm sure in some instances you are right. In some I am right. It is a shameful part of American history to consider as much.

The truth is that many white people went along with segregation because it was expected of them. Hell, it was the law in some circumstances. I read once about a private university in Kentucky that was initially desegregated but was forced to segregate because of Kentucky law. Now, that kind of fits into the Ron Paul theory that if you could just get the government out of the way people would eventually do the right thing.
It was often the law. Many times it was economically detrimental to provide separate facilities for whites and blacks. They still were forced, at the barrel of a gun, ultimately, to comply with the law or close their business. This is why I find some's regards for government actions as being for the right reasons as being naive. We're not talking about centuries ago that these policies were around. Before my time, but still very recent. What of the current situation regarding over a million in jail/prison who've committed no crime? Certainly only but a few in government, who do not even constitute THE government, will object.

Of course getting state government out of the way in this instance meant over-riding "states rights". (I'm pretty sure I've read Ron Paul state that he was in favor of federal laws that struck down state segregation laws.)
State's 'rights' does not give states carte blanche authority to oppress people. This is a fallacy of Constitutionalism. Have you read any Lysander Spooner? Very good stuff. His opinions, though he doesn't specifically talk about state's 'rights,' are great food for thought.

Something else to consider in the equation. The "they'll take me regardless of my skin color" hospital that you might have been taken to could have been woefully inadequate even if you got there before you bled to death. My mom and aunt, both in the medical field during segregation, came home to Alabama to care for my grandmother when she had an intestinal obstruction. Those use to be fatal, but my aunt had worked with a doctor who had tested a pump that would clear them. She needed some saline (salt water) solution in order to operate the pump. She asked one of the nurses, who look shocked. She said "Well I'm not going to give it to you, but it's under the sink." My aunt looked under the sink and saw that this ignorant nurse was telling her were she could find cyanide solution as opposed to saline solution. I'm not being mean by the use of the word "ignorant" here. The nurse simply didn't know. She wasn't well trained. So, you've got a choice between a hospital 15 minutes away will well trained staff that might hate you enough to risk everything to kill you even if they don't know you, and a hospital an hour away where the staff might accidentally poison you simply because they don't know what the hell they are doing. Which one do you choose?
I addressed this a little above. Which one do I choose? Preferably neither.

And here's the 20/20 hindsight. Desegregation happened. This isn't "theory" we are talking about. And the hospitals that were once segregated now have black, white, asian and latino doctors and nurses. I don't know of any credible reports of people being offed because of their race.
A hard thing to prove, I'm sure. Not that many would want to prove it, and not that they would have been found guilty in many areas regardless. Look, I'm not saying it was rampant, or that I even have a case in mind I'm referring to. I am going off of the fact that there are fucked up people in this world. I do not find it implausible or even unlikely that some of those people gave blacks a Morphine drop with the intention to kill them. They did arguably more evil things a lot. And often with federal grants.

The jury's out on school desegregation, but hospital desegregation achieved an end that most people would agree is positive. Something else to remember. Hospitals have long been a state controlled monopoly. You just can't build a hospital anywhere you want just because you have the money. You must have a "certificate of need." I know of at least one black run hospital that started in 1901 in Nashville TN and was run out of business by state regulators for no other reason than they didn't want to see it grow. Yeah that sucks. But that's the America we live in and have lived in for some time.
This is a tragedy. This is what needs to be combated. How do people come to view this as legitimate government action? Propaganda in the forms of lies, fear campaigns, and misinformation, no doubt. Much the way that things today get passed.

I would not call for throwing the proverbial baby out with the bath water on that account. There's right, and there's wrong.

Do understand people that don't support you, you have to understand their fears. No sane black person would want to go back to the days of segregation.
I don't want to either. In fact, the overwhelming majority of whites wouldn't want to as well (and the number that does is ever dwindling).

Arguments that make it sound like a rational choice aren't going to win anyone over. You can win some blacks over to the idea that affirmative action shouldn't go on indefinitely and that welfare does more harm than good. And you might get some to see the idea that the same result of desegregation could have been achieved without relying on unconstitutional methods.
That would be great.

But if you lead with "Don't you want the right to discriminate?" or "Aren't you afraid that white people might kill you in their hospitals or spit in your food at their restaurants?" you're not going to get anywhere.
It isn't, "Don't you want the right to discriminate?" It's, "Don't you want to be able do what you want with your property?" Or, "Does someone who does not own your home have the authority to tell you what color your walls must be?"

Public schools have ruined many. I doubt the majority, black or white, have much interest in the ideals of freedom. These ideas aren't new, after all.

That said, many blacks weary of the failures of the public school system, are open to the idea that forced busing isn't such a good idea or that vouchers might be a good thing. Even white liberals are starting to criticize busing as a colossal failure. So...why fight yesterday's battles? Re-frame the fight over the commerce clause in terms of medical marijuana (for the left) and federal gun laws (for the right) and health freedom (for everybody). On the race issue, find areas where blacks and white liberals are possibly at odds.

There is no place in the movement for the white liberal. He is our affliction.”—James Baldwin
It isn't yesterday's battle. The battle of private property versus socialized, collective ownership is alive and well today. People have this idea that they have the authority, by voting, to force people to do this or that with their property. Nothing is more dangerous to freedom. Blacks, and whites, would be wise to learn of and recognize that fact.



Thanks for the affirmation and the welcome back and the link with Wickard. Rand is at the moment doing exactly what I would tell him to if I was a close adviser. He's distancing himself from an unpopular position and building up credibility with the very people most likely to be offended by it. Americans have short attention spans and most are woefully under informed. Yes, in 2016, if/when Rand gains traction his infamous Rachel Madcow interview will be sliced and diced into one sick 30 second commercial. That's the time he will need to come forward and talk about his position. But hopefully by then he will have made enough friends and allies among black power brokers, especially in Kentucky, to be willing to stand beside and speak up for him. Right now he's at 18% among blacks against Hillary in Michigan. That's freaking huge! If that translates nationwide, then he beats Hillary hands down. Of course....he's got to get through the primary.
That's awesome, I hadn't heard that.

Now, don't forget what happened when he first won the senate. During the primary all of the attacks were concentrated on things meant to anger republican voters. He was attacked for a supposed "isolationist" foreign policy, or for wanting to legalize drugs, or for not being hard enough against abortion. The civil rights act didn't become a big issue until the general election. I expect history will repeat itself. Sure Madcow will be attacking early and often, especially if/when Rand starts winning early contests, but as long as Rand stays at 15 to 18% support among blacks against Hillary that won't matter. How can the GOP say "Don't vote for Rand. He can't win because he's racist." if Rand's poll numbers stay like that? Ron's did despite the newsletter problem. What killed Ron wasn't the newsletters or 9/11 truth or any other side issue. What killed him, besides a campaign staff that was at times skittish and at other times incompetent, is that his foreign policy was out of step with rank and file "We can't admit we were wrong about Iraq and Afghanistan" republicans. That dynamic is changing because 1) Rand soft peddles his foreign policy views and 2) Iraq and Afghanistan have become such hell holes that now the neocons are having to soft peddle their foreign policy.

So...stay the course Rand...even if you do tick off people in your own ranks.
It isn't that I'm "ticked off" with regards to this. It is a matter of principle. It's not as if I'm out harassing people on the ills of the CRA. This is a political forum so I speak on the certain problems of issues.
 
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The Civil Rights Act is yesterday's battle because you would be hard pressed to find people who really seriously want to stand up and be counted for their right to discriminate based on race. Your problem is that you are mistaking a war (fighting for property rights) with a battle (fighting against the Civil Rights Act). Different battles can be part of the same war. Today's battle frames property rights in terms of things people actually want to do with their property today. Things like growing hemp or medical marijuana or having goats on their property on a vacant lot in Detroit or some other city. When you fight today's battles you can actually rally support from people who might not fully agree with you solely on "libertarian principles" but actually do want the right to use or not use their property in a particular way. If you want to go with a "politically incorrect" battle of today, then talk about the right not to let some gay couple use your property. One of my neighbors once told me about two women who wanted to rent some of his property that he believed were lesbians. He came up with some excuse not to rent to them. I thought that was hypocritical of him as he is black and is old enough to have experienced Jim Crowe. But he could probably relate to someone saying "You wouldn't want to rent your property to someone who's lifestyle you disagree with would you?" Now, personally, I wouldn't get into that battle either. I'd rather join forces with the hemp, medical marijuana, raw milk, urban goat farming people.

As for Lysander Spooner, yes I've read him. And he doesn't in the least undermine my point. I wasn't saying that states rights meant that a state should be able to discriminate. The states rights question is whether or not the Federal government should have been able to force the states not to discriminate and if yes, what means are allowable to accomplish that end. Was JFK's mobilization of the national guard to ensure black kids safely got to school a violation of states rights? Some well meaning people would say yes. Now I have no problem with the mobilization of the national guard to protect kids integrating a school. I do have a problem with similar mobilization to kick someone like Clive Bundy off his land to take down a place like Waco. I'm sure someone would argue with me the other way. But so what? That's yesterday's battle. Fight today's.
 
It isn't, "Don't you want the right to discriminate?" It's, "Don't you want to be able do what you want with your property?" Or, "Does someone who does not own your home have the authority to tell you what color your walls must be?"

I am cherry picking this out of your much longer post but this is key. It's not a valid comparison. Your gun is your private property too - you can't just go harming people with it because you have the right to do whatever you want with it. The ways you are allowed use your own property are limited. You are portraying this as if there is no harm done when discrimination happens. When discrimination is performed by a majority on a minority it is a major form of oppression. You can't just ignore that.
 
When you fight today's battles you can actually rally support from people who might not fully agree with you solely on "libertarian principles" but actually do want the right to use or not use their property in a particular way. If you want to go with a "politically incorrect" battle of today, then talk about the right not to let some gay couple use your property.

...Was JFK's mobilization of the national guard to ensure black kids safely got to school a violation of states rights? Some well meaning people would say yes. Now I have no problem with the mobilization of the national guard to protect kids integrating a school. I do have a problem with similar mobilization to kick someone like Clive Bundy off his land to take down a place like Waco. I'm sure someone would argue with me the other way. But so what? That's yesterday's battle. Fight today's.

I can work with most of jmdrake's practical argument, with the caveat that yesterday's battle, is today's cited precedent. With the media as now constructed, there is no yesterday anymore. The establishment constantly rehashes and reinforces its anti-liberty victories with anniversary retrospectives, and builds on past legislative or court wins to fight current battles over "protecting" them as kind of new constitutions, that also can never be violated. We can try to finesse this landscape and carve new hangouts for our side, but the high priests of those totems of tyranny will demand that we positively bow down and worship and preserve them in our current actions. At some point, we must acknowledge that to be pro-liberty, is to be politically incorrect, be it yesterday or today.

Rand's problem is not that he avoids the CRA, or addresses the CRA, or is/is not finessing the CRA. The issue is he does not WORSHIP the CRA, or other major building block icons of the Total State. This is the same factor that explains Ron Paul and Lincoln---by merely not bowing down before the icon, and having a track record of staying off his knees, he is condemned as a racist or racist facilitator. Once again, it's the "only racists question Lincoln/CRA" framework that matters, not the merits of arguments. Whatever else he does, Rand must confront the framework, as his father did, or the other side wins the framework, and the argument.
 
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FF, you certainly have a right to your position. And if you want to tilt at windmills I will not stand in your way. But no "sane" black person would trade the end of Jim Crow, private or public, for the right to discriminate himself. And saying "Well it's about private property rights" ignores the fact that the Federal government, and the state government before that, had already breached private property rights.

I understand that, but nobody is saying the ENTIRE CRA was a bad idea. Absolutely no libertarian is in favor of either the Federal or state governments discriminating. A libertarian might say that the Feds shouldn't interfere with state governments discriminating but I'm not going there.

I've read Ron's statements on the CRA. (See: http://www.ronpaul.com/on-the-issues/civil-rights-act/). He claimed that the power it gave the Federal government over employment was "unprecedented". But the Federal government had already used the same commerce clause power to ban child labor, enact minimum wage laws, create laws protecting labor unions and a "labor relations board." All of that happened before the CRA. Now I know Ron doesn't support (at least I think he doesn't) any of that either. But my point is, the power grab was not "unprecedented". It was par for the course.

I agree with you here. The thing is, though, that the CRA is an emotional means to make it out like the rest of that stuff is justified, if that makes sense.
Now, life is not a video game or a "choose your own ending" DVD. I can't rewind history and see what would have happened if the CRA as written had not passed.

Why not just fight for repeal now? Or even don't, if you don't want to. I'm not saying its the most important fight ever. I'm just saying that a repeal (of the specfic sections that deal with private discrimination rather than government discrimination) is justified and should ultimately be done. If you want to fight some other battle first, I'm more than OK with that.
Maybe the desegregation of government owned facilities would have been enough to cause the overall needed cultural shift. Maybe it wouldn't have been. I dunno.

I don't know either, but I think it would have happened eventually, seeing the severe illogic of racism.
But when you talk about who's "sane" or not "sane" based on who agrees with you on a particular issue, you paint yourself into a corner where you are not politically effective. If you don't care, that's your prerogative.

YOu misunderstood. I said someone who doesn't UNDERSTAND the argument in question is not sane/intelligent. There are people (not you, of course) who will read what I wrote and just say "He's a racist" or "he hates black people" or something like that. Those are the people who I am saying are morons. If you understand that I'm not advocating racism, that my position is based on a desire to uphold private property rights, and you still disagree I would not say you are insane/unintelligent per say.

The Civil Rights Act is yesterday's battle because you would be hard pressed to find people who really seriously want to stand up and be counted for their right to discriminate based on race.

How about just right to discriminate period?

Your problem is that you are mistaking a war (fighting for property rights) with a battle (fighting against the Civil Rights Act). Different battles can be part of the same war. Today's battle frames property rights in terms of things people actually want to do with their property today. Things like growing hemp or medical marijuana or having goats on their property on a vacant lot in Detroit or some other city. When you fight today's battles you can actually rally support from people who might not fully agree with you solely on "libertarian principles" but actually do want the right to use or not use their property in a particular way. If you want to go with a "politically incorrect" battle of today, then talk about the right not to let some gay couple use your property. One of my neighbors once told me about two women who wanted to rent some of his property that he believed were lesbians. He came up with some excuse not to rent to them. I thought that was hypocritical of him as he is black and is old enough to have experienced Jim Crowe. But he could probably relate to someone saying "You wouldn't want to rent your property to someone who's lifestyle you disagree with would you?" Now, personally, I wouldn't get into that battle either. I'd rather join forces with the hemp, medical marijuana, raw milk, urban goat farming people.

Jim Crow wasn't legalized discrimination, it was enforced discrimination. Nobody is advocating bringing back Jim Crow. And, for that matter, I don't know of anyone who wants the government to discriminate against gays. There probably are some in the GOP, but I certainly don't.
As for Lysander Spooner, yes I've read him. And he doesn't in the least undermine my point. I wasn't saying that states rights meant that a state should be able to discriminate. The states rights question is whether or not the Federal government should have been able to force the states not to discriminate and if yes, what means are allowable to accomplish that end. Was JFK's mobilization of the national guard to ensure black kids safely got to school a violation of states rights? Some well meaning people would say yes. Now I have no problem with the mobilization of the national guard to protect kids integrating a school. I do have a problem with similar mobilization to kick someone like Clive Bundy off his land to take down a place like Waco. I'm sure someone would argue with me the other way. But so what? That's yesterday's battle. Fight today's.
This is a trickier issue, and I guess it comes down to how one interprets amendment 14. On the one hand, I don't really like the precedent that the Feds can do this. On the other hand, it was public property and so the discrimination in question was clearly unacceptable.

I wouldn't fight this one. Because it isn't an issue of principle. The private property issue is.
 
There is a difference between discrimination based on race vs. discrimination period. There are many forms of discrimination that are allowable, that either have not been used to oppress people, or are based on something that the subject has control over. Race doesn't meet either of those criteria. The CRA does not ban all discrimination. Again, the *only* thing we are debating is discrimination due to race. Put all other "property rights" off to the side, because no one is attacking them.
 
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