The science of creating political coalitions long enough to win an election has been refined and institutionalized so that Democrats and Republicans are in equilibrium. Not long ago, when it called the NYS Legislature the most dysfunctional in the country, the Brennan Center (http://www.brennancenter.org/) sounded a loud alarm that many of us have known for some time.  The press has brought attention to this report. Additionally, many ordinary citizens seem to have a sense that things are not as they should be but lack the ability to do anything. Even libertarians (small ‘l’) still hope they can influence and reform major parties to change from within. Calls for reform will be increasingly heard.

Of course, whenever it is noticed that the emperor has no clothes, the emperor promises to reform. Reforms rarely make a difference. Reforms invariably reform prior reforms. Campaign Finance Reform is a perfect example. Since those laws to curb influence buying were enacted by Congress more has been spent to buy political influence and power than ever before. Still, the Brennan Center calls for new rules – “New Year, New Rules”. Never mind reality - like Campaign Finance Rules. Isn’t it strange? Many people are disgusted with late budgets, so new rules are demanded as if rules for on-time budgets did not already exist. What else but a call for new laws for a new year should we expect from a law school?

When people see it broken, the prevailing notion is 'Don't get rid of it. Fix it'. "It takes a village" to make it work. Evidently, "We, the people" are the problem.  We just need to make new laws because this is a new year. All we get are more laws that limit more choices. But the problems don’t get fixed. When Detroit produces dysfunctional cars "We, the people" don’t have to fix Detroit. We just choose to buy from Japan or Germany. The market provides a choice of cars. "We, the people" choose the ones we want to pay for. We don’t have to fix the company or petition the Board of Directors or elect the CEO. We don’t need to know how to make better cars. We don’t even have to know how cars work. All we have to do is choose. What if Detroit could pass laws to reduce our choice of cars? What if foreign cars were not allowed, or tariffs made them unaffordable choices? We’ll be told it’s in the public interest, but then the public would be named Detroit. What is more liberating than the power to choose?  

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Libertarian Party
of New York
www.ny.lp.org/choice