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Getting rights wrong: the example from Rand Paul

Charles Pierce is down on Rand Paul for babbling nonsense about civil rights.

…the Civil Rights Act, and nine out of 10 [titles] deal with public institutions and I’m absolutely in favor of,” he told Maddow deep in their 15-minute interview. “One deals with private institutions, and had I been around, I would have tried to modify that.”

What modifications would you like to make? Cleaner “Colored Only” bathrooms? Marble “Colored Only” drinking fountains?

Much of the discussion of Aqua Buddha’s rise to prominence has focused on his political philosophy, and far too little has been focused on the fact that he’s pretty much dumb as a stump.

I’m not so sure, unless it’s in the sense that consistency is the hobgoblin of small minds.

Because all he’s doing is being consistent.

Being a good Randian, he seems to believe that property rights trump everything. If that’s true, then he’s quite right. You can’t tell anyone to respect civil rights on private property. Which means that there would be no real civil rights at all. If the only place you have rights is at the Post Office or on other government property, you may as well use the paper your rights are printed on for bird cage liner.

That is always the result when the hierarchy of rights is not in the correct order. Some rights have to take precedence over others for any of them to mean anything. If, as just one example, you have no freedom of motion, there’s no freedom of assembly, and then there’s no freedom of religion. It’s a complicated issue, but one thing is for sure: if the priority is wrong, you’ll wind up spouting absurdities so fast, everybody will say you’re dumb as a stump.

But if you don’t realize that the root of the problem is getting rights in the wrong order you’re making yourself vulnerable to the same criticism. Obliviousness about the need to prioritize rights is behind way too many modern problems. Pollution, for instance, puts property rights ahead of the right to be free of bodily harm. Compulsory pregnancy puts religious ideas ahead of people’s right to make their own decisions about what to do with their own bodies. And if you’re not physically safe, you’re not actually free to exercise the more abstruse rights either.

That’s the problem with getting rights in the wrong order. They all become meaningless, even the usurpers at the top. It’s a bit unfair to call people who make that mistake dumb as stumps because stumps aren’t that stupid.