Let’s take a look at gun control for an application of some of my ideas, shall we?
The traditional libertarian platform on guns is that ownership rights are absolute. No registration, no background checks, and certainly no outright banning. Many libertarians even go so far as to say that all sorts of weaponry should be available if one individual has the means to produce it and another individual has the means to purchase it.
Fair enough. I happen to agree with that to one degree or another. But why do many libertarians hold this position? How do they argue for it, I mean? They appeal to the 2nd Amendment. The people, they say, are each individual American citizen. And the right to bear arms, they say, refers to the right of each individual to own and use (without being an aggressor, of course) any weaponry as they please.
I used to think this way. But on deeper thought, this is actually a pretty dumb position to hold. At least as far as you are trying to use it to convince others to agree with your position. In fact, I doubt anyone who wasn’t already inclined to believe in gun rights has ever been convinced by the standard libertarian position on the issue.
The problem is that we are using an interpretation no one agrees with of a document no one cares about.
We are libertarians. Not legalists, and not even libertarian legalists. Because the law says one thing does not mean that it is the right thing, nor even the most liberal thing. Using the 2nd Amendment to argue for gun rights is a tautology – guns should be legal because they are legal. Yet this is how many libertarians, especially those of the more conservative kind, think about gun control and a host of other legal issues.
If we are going to convince others of the validity of libertarian reasoning, we need to convince them on each issue that: (a.) individual liberty is a good thing to have, and that (b.) we can have it without any unnecessary damage. For example, I’ve seen literally no evidence anywhere that implementing restrictions on gun ownership in America even reduces violence. Why is this ignored in favor of pumping the 2nd Amendment? The 2nd Amendment is a short passage on a piece of paper everyone agreed to abide by some 220 years ago. The Constitution has never proven anything to anyone. If libertarians insist on obsessing over every word in this document that, once again, no one cares about besides us, we will never have any political success. Gun rights need to stand on their own, and I think they do, without appealing to the Constitution.