In recounting the regrettable failure of a marijuana-decriminalization bill in Chile, Al Giordano erroneously targets the one ideological group that has always consistently defended and fought for drug legalization: libertarians.
Giordanos attack on the free market is not surprising, considering his position on the far left of the political spectrum. And while one or two of his points are worth considering, in the end Giordano leaves us with an argument so baseless that it must for all purposes be considered intellectually and strategically worthless.
I offer up now a point-by-point rebuttal of the arguments made by Giordano, an otherwise fine person, using a blogging tactic known as fisking.
Giordano writes:
How is it that while drug policy reforms advance slowly in Brazil, Argentina, and even Venezuela, this movement finds itself in retreat in Chile?
The answer is simple: despite the rhetoric of neo-libertarians, governments and political leaders that claim to favor "free markets" have not walked their talk - paging free-market enthusiasts Vicente Fox, and Jorge Batlle, and their hollow lip-service on behalf of drug legalization, for example - when it comes to freeing the drug markets from prohibitionist government controls.
Giordano is absolutely correct here to criticize politicians like Fox here for not taking a stand against the terrible prohibitionist policies pushed by the U.S. government. Fox is indeed a proponent of the free market and of drug decriminalization, having previously worked for those coca pushers at Coca-Cola.
But Giordano is not fairly assessing the situation. In Mexico, presidents are elected for only one six-year term. Fox was a lame duck the day he walked into office. Worse still, Fox is the first president in Mexican history not to come from the PRI, which had ruled the country for more than seven decades. Did he choose to stand up to the U.S. drug war immediately after taking office? No. But when Fox did choose to take a stand against the policies of the U.S., it was to oppose the unjust American attack on Iraq. For this, Fox was sent to the doghouse, with former ally George W. Bush holding up the approval of Mexican truckers who sought permission previously denied to bring their goods into the U.S.
Thus, Bush imposed restrictions on free trade with Mexico breaking the rules and spirit of NAFTA in order to punish Fox. For Fox to push for legalization of drugs at a time when the edgy U.S. is launching willy-nilly attacks half-way around the world would be courageous, true, but foolhardy.
Is it far-fetched that Bush might invade a Mexico that has legalized drugs? Of course not. Remember that Bushs father by far the more sane of the two invaded former ally Panama after that countrys leader was publicly revealed to be involved in the drugs trade.
So Fox stands merely as a disappointment, rather than the libertarian exemplar Giordano paints him to be.
Giordano writes:
Sometimes the truth is found in the simplest explanation: Political leaders and movements that do not champion the poor - the first and greatest victims of drug prohibition - have shown zero success in reforming drug laws, whereas, in Latin America, every successful reform to date has come from a political Left that values actions more than mere words.
Giordano is correct that the poor are victims of prohibition. And he is correct that the Left does indeed champion the poor. But why is that? Because the elite on the Left realize that their policies ensure a steady and ever-present stream of poor people. The policies of the Left do not increase the living standards of the poor. The policies of the Left instead propagate poverty through false populist promises.
And what do the poor, across the world, think about the Left? True, there are poor people in every country who will never leave the Left. But there are millions perhaps billions of once-impoverished people around the world who have left poverty thanks to the free market.
I have long thought this way, but having just returned from Bolivia one of the poorest countries in the hemisphere I can attest to the capitalist spirit being more alive there than in any place I have visited in the United States. Seemingly everyone owns a grocery, or an auto-repair shop, or an internet depot, or a telephone call center. And those who dont own or rent a space set up shop in front of the storefronts, in the street, or in alleys. There is no shortage of upwardly mobile capitalists in Bolivia.
I believe that the Left succeeds in recruiting new members mainly by appealing to the more populist, nationalist sentiments of those who have been harmed not by capitalism but by entrenched politicians who claim to believe in the free market but who instead hide behind protectionism, subsidies, corporate welfare, drug prohibition, and other exclusionary policies that run counter to the free market. The presidency of George W. Bush is a good example of this type of harmful lip service to the free market.
The populists on the Left therefore appeal to those who have been harmed by protectionists in free-market attire. But it is the day-to-day actions of the poor in the developing world that speak volumes about their faith in the free-market.
Giordano writes:
Most interestingly, in the countries where the cause of drug policy reform advances, the leaders stop short of openly endorsing legalization. They are often inconsistent on the issue, throwing bones to Washington on one "anti-drug" campaign or other (such as interdicting airplanes suspected of transporting illicit drugs), while creating structural changes on others that begin to clear a path for change.
In the lands where a political Left is on the rise, reform marches forward instead of backwards. It is, right now, the only consistent "outcome determinative" factor affecting drug policy: Brazilian President Lula da Silva, for example, hasn't called for legalizing drugs, but has insisted that the "drug war" is a "class war," and surrounded himself with cabinet level appointees that openly favor drug decriminalization. Argentina President Néstor Kirchner has not called for decriminalization, but has appointed a Supreme Court chief that openly does, has embraced the coca leaf as a sacred, legal, plant, and funded many harm reduction programs to lessen the harm caused by use of some drugs under prohibition.
This simply isnt true. For every example of a figure on the Left who is changing drug policy for the better, there is at least one free marketeer who has done exactly the same. Hernando de Soto, the former Peruvian drug czar and champion of the free market, is one. Gary Johnson, the Republican former governor of New Mexico is another. And for every example, like Fox, of one who has not worked to end flawed prohibitionist policies, there is a similar example of intransigence on the Left. In the case of Fidel Castro, the putative darling of the political left throughout the Americas, one need look no further than the jails of Cuba to find thousands of people imprisoned for drug crimes.
Whats more, the defense of traditional uses of coca that Giordano champions is made in countries like Bolivia and Peru at the exception of all other drugs. Try smoking a joint or snorting a line in one of these countries and you will find yourself imprisoned. Special treatment for some people who are allowed to use some drugs fosters rather than diminishes the prevalence of drug prohibition, especially when prisons are filled with people who use, possess, or sell other drugs in these countries.
Giordano writes:
So what gives with Chile? The answer is both obvious and disturbing. The economic policies of the Chilean State have abandoned the poor and working folks in favor of business interests and "free trade." This is particularly disappointing since Chilean President Ricardo Lagos once served in the cabinet of President Salvador Allende, a champion of the poor who was deposed by coup and assassinated for it in 1973. The so-called political Left in Chile has absorbed many of the worst qualities of the authoritarian Right that it once set out to remove from power.
Nations that give too much political power to the mercantile classes, simply put, create a set of political conditions that serve as a block on drug policy reform: When big money and its lobbyists rule a political process - the United States being the best example of this phenomenon - drug policy reform becomes impossible. The system favors the interests of those who can pay. And opponents of drug policy reform, which include banking and pharmaceutical interests, among others, that directly benefit from prohibitionist drug policies, always carry the day under that set of circumstances, where market power equals political power.
This reality is confusing to many "developed world" reformers from the USA to Europe. They get very excited about words but, superficially, not deeds. The attention they lavish upon fellow free-marketers like Mexican President Fox and Uruguay President Batlle - despite the fact that neither so-called "legalizer" has backed up his words with a single concrete policy initiative - towers over the grudging attention they give to, say, a Lula government in Brazil and the exciting, manifold, changes in public attitudes and policy regarding drugs and their users underway there. It is Lula's inconsistencies, rather, that draw their attention rather than their own movement's victories. I've called this phenomenon "the beautiful loser syndrome" in which U.S. activists, in particular, would rather be "right" than win. But there is another factor, related to ideology: United States free-market libertarians say they want drugs legalized, while simultaneously pushing for market conditions that make legalization impossible. And in the superficial United States, words trump deeds.
Giving power to a mercantile class or any class is not a part of libertarianism, which stands instead for empowering individuals and civil society at the expense of the authoritarian state. Giordano is right to criticize the U.S. government for its knee-jerk responsiveness to the faulty whims of the moment, but here Giordano errs by assailing libertarianism as the catalyst for this unseemly process. And an explanation of the core of libertarianism seems to be called for here to refute Giordanos misrepresentation of the tenets of classical liberalism.
Using the example of the U.S., libertarians here believe our Constitution to be very clear about the rights and responsibilities of the American people and our government. We should be free to do as we please as long as we do not harm the person or property of another. This means that each individual adult should be entirely free to engage in the voluntary purchase, sale and use of drugs, pornography, hamburgers, homes, etc. free of any government involvement, judgment or penalty. The governments responsibilities, thus, are limited by the Constitution to ensuring that each persons property is protected from theft or damage, and that each person is protected from physical violence.
These two things are not only the essence of what government should do, they are the only things government should do.
The more government is expected to do, the more it becomes involved in the lives of the citizenry. A government that is looked to for nurturing, shelter, subsistence and guidance will not only spend unfathomable sums failing to provide these things, but the ruling class will also use its power to force its values on the recipients of its defective aid.
Finally, Giordano fails to substantiate what I feel is the lynchpin of his campaign against the free market when he writes that American libertarians say they want drugs legalized, while simultaneously pushing for market conditions that make legalization impossible. This baseless claim could not be further from the truth. While there are many economic systems under which drugs can and will be legalized, a pure free market is the only system that by its very definition ensures the legalization of all drugs.
Giordano writes:
The time has come for drug policy reformers - good people who really do want to see the drug laws changed - to see through the "free market" snake oil and look at where progress is being made, and why: the reforms in Latin America - despite this latest defeat in Chile - move forward while even in New York state they can't seem to drop the Rockefeller drug laws that everyone claims to agree need overhaul. And where reform is moving forward, its spear is the fight for poor people, to stop imprisoning and criminalizing the poor drug users.
It is an uncomfortable reality for some to see that the market, by its very nature, blocks reform and those unwashed, red-and-black, warriors of class struggle - from the coca grower's cradle in La Paz to the drug addict's grave in Buenos Aires - are today's vanguard in terms of successfully bringing about reform. An uncomfortable reality, but a reality nonetheless: And is not reality discomforting by its very nature?
Giordano, a native New Yorker, rightly attacks the states horrific, cruel and enslaving Rockefeller Drug Laws. But if New York with its bloated budgets, high taxes, nanny-state prohibitions on smoking and drug use, and siege mentality is Giordanos idea of a free-market Valhalla, then it is clear that he is criticizing not libertarianism but something very different. Giordano, it seems, is lashing out at the power of the state not of business or the free market. His criticisms therefore put him squarely on the side of the very libertarians he so seems to abhor.
Giordano writes:
The events of recent days in Venezuela, where an administration - that of President Hugo Chávez - that stands up to the pressures of Washington and Wall Street has just received a stunning electoral mandate from 59-percent of its citizenry, now pushes the resistance to U.S.-imposed policies to a bold, new, era. Although the words "drug policy reform" were not mentioned by Chávez, or by either side, during that historic campaign, the path is now cleared for the legal system reforms in Venezuela that are decriminalizing the smalltime drug user (paging Human Rights Watch, which gets a large part of its $22 million dollar annual budget from leading drug policy reformer George Soros, and yet has ignored this groundbreaking plank in the judicial reforms underway there even as it rails about other aspects of those reforms).
And beyond Venezuela, that country's victory of democracy-from-below on August 15th now emboldens the effective reformers from Bolivia to Colombia to Argentina and even in Mexico to turn up the volume in the fight for poor people's rights, a political war that is on a collision course with prohibitionist drug policies that have the main effect of crushing the poor while making the wealthy few even wealthier.
The drug war is, indeed, a class war. And the political solution to it lies in embracing and supporting the struggle by the poor against the authoritarian, private sector special interests. Once that fight gains traction, as the hard evidence has demonstrated, the rest, regarding drug policy, works itself out, because that battle undermines the economic and public opinion conditions that serve as the foundation for submission to U.S.-imposed prohibitionist drug policies. Welcome, kind reader, to the new América
the América from below. The ideological map, too, has turned upside-down. The hour has arrived to adapt to the new American reality.
Though there is no place in my heart for Chávez indeed, his victory cost me $100, made payable to one Al Giordano I acknowledge and admire that he is democratically elected and that he has moved in the direction of drug-policy reform. But did he do so out of leftist or, rather, populist principles? Giordano would have us believe the former, but Chávezs erratic history including launching and later being victimized by abortive coups and intimacy with various dictators makes the latter a much more likely answer.
In calling the drug war a war against the poor, Giordano is playing to his audience, but he is only partly right. Why? Giordano is missing the forest for a tree by defining the drug war in such narrow terms. The drug war is a war against the poor, but it is so much more than that. It is a war against people of color poor and wealthy; against the sick; against families; against (in the U.S.) the Constitution; against consumers; against taxpayers; and against people in every country where drugs are grown, made, bought, sold, exported, imported or used.
Whats more, it is unclear from his article what exactly Giordano means when he implores the poor to fight the authoritarian, private sector special interests. It seems unlikely to me that Giordano discerns at all between the private sector and any sinister, authoritarian, special-interest segment of that private sector.
Taken to its logical conclusion, Giordanos drug-war-as-class-war analysis, coupled with his attacks on the private sector, leaves no solution but class warfare, a hopeless and worn road which dead-ends in a violent cul de sac. Class warfare would most certainly do lasting harm to members of all classes and to the cause of drug-policy reform that Giordano so deeply cares about.
This brings me to my last point: Giordanos appeal to drug-policy reformers to abandon longstanding kinships with those who favor all that a pure free market brings including complete repeal of nanny-state prohibitionist policies. This is as illogical as it is unrealistic. Unlike many on the Left, libertarians as a whole do not support drug legalization simply because it is personally or politically pragmatic though it unquestionably is but rather because of our unwavering belief in limited government and personal responsibility.
Whether or not those on the Left persist in partnering with libertarians in pushing for vital drug-policy reforms, libertarians will continue to be the most consistent, strong and righteous supporters of ending drug prohibition.
Now, Everybody... Play Nice!
Submitted August 27, 2004 - 10:42 am by Al GiordanoIn the meantime, this is just to say that I welcome the debate, with a worthy adversary, with whom we both agree on the pressing need to end drug prohibition, and that I personally bumped Baylen's comments to the center-column here because I think this debate is long overdue in the drug policy reform movement, and I'm thrilled that finally at least one person on the "economic libertarian" side of the spectrum has risen to the challenge to debate the role of "free market" politics in drug prohibition.
So, all ye co-publishers, play nice with Baylen! This is not personal... It's politics... and he's doing a great service by his willingness to debate.
I personally intend to teach him a few things that, it's obvious, he doesn't know!