Limited government is one of my core political principles. I have two basic reasons for this. First, I believe that no single person or committee is competent to deal with the complex challenge of distributing resources throughout society. Luckily, we don't need government to micromanage the economy. People can pursue the own ends independently and things will take care of themselves.
My second reason for believing in limited government is that I think people are better off when we don't try to project and impose our values on each other. It is a fundamental aspect of human nature that each person can and does have their own personal way of determining what they value and how they will go about achieving their objectives. But it is not uncommon for our goals to conflict. When they do, there must be some method of determining who gets their way without resorting to physical violence. That is, we need to establish who has what "rights".
Two important kinds of rights are the right of protection and property rights. The right to be protected from physical assault is perhaps the most important one of all. Almost any other right is trumped by ones right not to be harmed physically by the actions of others. This is the part of the social contract that saves us from a brutish state of nature. After the right of protection, property rights are among the most fundamental. History has shown that if people do not have the right to use or trade their property as they see fit, they quickly lose motivation to create new goods or exchange their services.
There are other kinds of values aside from life and property that are often the cause of conflict. I would like to consider two of them. First is the desire to protect others beside ourselves, and the other is the desire to see other people behave "correctly."
Why is it that we make it illegal for parents to abandon their children, or for people to treat animals cruelly? Young children and animals are not part of the social contract. They are not citizens; they don't vote or pay taxes. We protect them not because we have a reciprocal agreement with them, but because we have sympathy for them (or perhaps because we think harming violates some moral boundary, but I will consider that in a moment). Is protecting those outside the "contract" a proper role of government?
The desire to see others behave correctly is similar but distinct from the desire to protect others from harm. I do not think that laws prohibiting sodomy, for example, are based in sympathy for some "victim". But the actions of others sometimes violate our concept of how the world ought to be, and this can cause a conflict of interests. Is it a proper role of government to ensure that the majority's view of proper behavior is enforced?
My answer to the latter question is no. I believe that people generally have a stronger interest in determining their own behavior than they do in regulating others. Thus, if people are allowed to control the behavior of others without any physical or property interest at stake, society is likely going to be worse off. Thus, even if the vast majority of society belong to one religion I think it is important that the minority (and the majority) are free to follow their own conscience. I also think that people should be free to engage in homosexual activity and other sexual acts that are considered perverse by the majority as long as the participants are consenting adults.
But the question of whether government should protect innocent others is a more difficult one. Is it conceivable that sometimes one group of people has a greater interest in harming children, foreigners, or animals than I have in protecting them? In some cases the interest we have in harming others is quite great. Some examples include when we go to war to protect national interests, when we use stem cells to advance medical technology, or when we subject animals to pain and discomfort in order to feed ourselves or test our products.
It strikes me as obvious that in at least some of these cases the interest we have in harming others outweighs our interest in protecting them. Otherwise we would conclude that we ought to criminalize the tradition of raising (and eventually killing) animals for food. But the questions concerning when we ought to go to war, how we should go about studying stem cells, and whether we should test products on animals are difficult and disputed moral questions. And at least in the case of when we should go to war, the government cannot really leave the issue to individual citizens.
Because I believe that government should be limited by principle, it is troubling to me that I can't come to a simple solution to the question of when our sympathy for non-citizens should outweigh the right of others to pursue personal interests at their expense.
One way to address the issue is to live by the principle that if there is a difficult balance of interests that the government must moderate that the power to enforce the resolution should be left to the most local government practical. So, although the question of when to go to war ought to be made at a national level (if we have any hope of defending ourselves and protecting our common interests against international threats) I think other questions should generally be left to state and local governments. That way there is a much smaller risk that a distant interest that the majority has in dictating behavior will harm the immediate interests of the minority. People can move from one community to another much more easily than they can leave the country, or abandon civilized society altogether.
To conclude, just as no single person or committee is capable of managing the economic life of a nation, I don't think that any person or group in government (including the supreme court) is capable of finding the proper balance between important freedoms and moral issues for all circumstances.