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Common Sense crime and punishment general freedom jury rights and duties U.S. Constitution

Guess Who Else Nullifies?

Citizens have more power than they exercise. But folks in government aren’t exactly falling all over each other in the rush to help citizens participate and realize their potential.

Take juries. There are few more awesome responsibilities than sitting on a jury. And one of the things you can do, as a juror, is to refuse to follow the law or the judge, instead making your decision contrary to the immediate, official directive. Disapprove of a bureaucracy’s “legal” prosecution of an individual or group? Judge the law as well as the facts. Acquit.

Glenn Reynolds, writing in USA Today, shows that this practice has a long, honorable history in our country — he not unreasonably mentions how northern abolitionists fought the Fugitive Slave Act — and, if you, the juror, push it, “there’s nothing anyone can do about it…

Of course, prosecutors have essentially the same power, since they’re under no obligation to bring charges against even an obviously guilty defendant. But while the power of juries to let guilty people go free in the name of justice is treated as suspect and called “jury nullification,” the power of prosecutors to do the exact same thing is called “prosecutorial discretion,” and is treated not as a bug, but as a feature in our justice system.

Reynolds concisely makes the case that jury nullification is, itself, a designed feature of our American constitutional tradition, and not nearly so buggy as “prosecutorial discretion.”

Why? Its tendency is to liberate us from usurping government action.

Prosecutors’ “discretion” (on the other hand) gives folks in government more power over our lives. And ruins many.

This is Common Sense. I’m Paul Jacob.


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Jury Duty

 

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Accountability Common Sense general freedom government transparency too much government

(Un)Intended System Failure

The system worked. The problem? The system doesn’t work.

Last year’s successful term limits ballot initiative in Grand Rapids pitted two pro-limits ladies with scant political experience against a united big business/big labor opposition campaign, sporting Dr. Glenn Barkan, professor emeritus of political science at Aquinas College, as treasurer.

Just before Election Day, Professor Barkan’s group stuffed mailboxes with advertisements warning residents: “Don’t let your vote be shredded.” The mailings seemed odd in two more respects: (1) there was no mention of “term limits,” and (2) according to campaign finance reports, the professor’s committee didn’t have enough money for mass mailings.

Then, after the election, the committee filed reports acknowledging big money raised and spent prior to the election.

“It just seemed odd that they could do all the mass mailings with little money,” said term limits advocate Bonnie Burke. “We ran a totally above-board campaign and they have these seasoned people and they weren’t sticking to the rules.”

Michigan’s Bureau of Elections concluded the professor’s committee “deprived voters from knowing the source and amount of more than half of the contributions it received. . . .” The group was fined $7,500.

The system worked! Reporting led to a violation, which led to a complaint, which led to an investigation, which led to the imposition of a fine.

But to what point?

As my colleague at Liberty Initiative Fund, Scott Tillman, who filed the complaint, explains, “Campaign finance laws do not stop connected insiders from gaming the system and hiding donations. Big money can ignore the laws and pay the fines if they get caught.”

Even worse, Tillman warned, “Campaign finance laws intimidate and discourage outsiders and grassroots activists from becoming active in politics.”

Is either result unintended?

This is Common Sense. I’m Paul Jacob.


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Campaign Finance Follies

 

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Common Sense crime and punishment general freedom government transparency national politics & policies U.S. Constitution

Swarms of Officers to Harass

Two wrongs don’t make a right.

It’s simple but true. And, as a corollary, let me add that using the power of the federal government to harass individuals or groups one happens to dislike or disagree with is wrong.

You might recall that our Declaration of Independence rebuked King George for sending “hither swarms of Officers to harass our people.” Or consider the recent civil-rights-violating behavior of the IRS against conservative groups during President Obama’s administration.

Yesterday, I proposed to end all taxpayer subsidies to Planned Parenthood. Obviously, I’m not a fan of the organization. And neither are the Republican presidential candidates — especially Louisiana Gov. Bobby Jindal.

“Planned Parenthood had better hope that Hillary Clinton wins this election,” Jindal boasted at last week’s JV presidential debate hosted by Fox News, “because I guarantee you that under President Jindal, January 2017, the Department of Justice and the IRS and everybody else that we can send from the federal government will be [looking] into Planned Parenthood.”

Speaking with reporters after the debate, Mr. Jindal doubled down, suggesting there might also be a role for the Environmental Protection Agency and perhaps other tentacles of the federal Leviathan.

Jindal has removed Planned Parenthood from Louisiana’s Medicaid program. That’s within his legitimate power. But directing an assault against anyone using the IRS and other federal agencies is both wrong and . . . against the law.

It promises not change but the same rotten, rights-robbing, goon-squad government we have now. Just with a different color shirt.

This is Common Sense. I’m Paul Jacob.


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Playing cards

 

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Common Sense general freedom ideological culture national politics & policies

Abort the Subsidy

Common Sense generally steers clear of the abortion issue. Arguably, for “common sense” reasons.

I’ve always been pro-life, but I’ve also been skeptical of government’s ability to improve the situation, to save unborn lives via the criminal justice system.

No law forces women to have abortions; it’s voluntary. I’ve long hoped that ultrasounds and other technological advances will change hearts and minds, nudging couples to choose to abort less often, making abortion even more rare than when it was illegal. I gladly note that the number of abortions has fallen 12 percent since 2010.

Certainly, I’ve prioritized my political action in a different direction: affecting greater representation, better government, via citizen-initiated checks on power.

Yet, the recent videos showing doctors and other Planned Parenthood personnel chatting about the sale of fetal body parts implicates a lot more than just abortion. For starters, the footage triggered my gag reflex, and then my sense of justice for the unborn, and sense of decency in the treatment of their remains.

And what about justice and compassion for people deeply offended (myself among them) at being forced to fork over $528.4 million tax dollars each year to an organization performing the most abortions?

Let’s be pro-choice and abort the taxpayer subsidy to Planned Parenthood.

Those who continue to approve of Planned Parenthood’s work would remain free to support it. Personally. Voluntarily. Likewise, if you revile the organization, you should also be free to not fund it.

Isn’t such respect for each others’ heartfelt beliefs also just common sense?

I think so. I’m Paul Jacob.


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12 Week old fetus

 

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Common Sense general freedom ideological culture national politics & policies responsibility

Supremacist Progressives?

“Thank you, Seattle, for being one of the most progressive cities in the United States of America,” socialist-cum-Democratic presidential candidate Bernie Sanders shouted to the large crowd in the City of Goodwill.

Seconds later, two women with a local Black Lives Matter group jumped the stage, threatening to shut down the event. Quickly, they were rewarded for their extortion-by-tantrum. Sen. Sanders and company relinquished the microphone, podium and stage.

The kidnapped crowd booed the violation, only to be screamed at by Marissa Johnson, one of the protesters, as “a bunch of screaming white racists,” who practice “white supremacist liberalism.”

“I was going to tell Bernie how racist this city is, filled with its progressives, but you did it for me,” Johnson added.

Angry audience members yelled, “How dare you?!” and “How dare she call me a racist.”

“You guys are full of bull-$@%# with your ‘black lives matter,’” she chided, acknowledging that the event had already recognized the anniversary of Michael Brown’s shooting in Ferguson, Missouri.

What a fascinating marriage of outrage and entitlement!

And yet . . . real grievances abound.

“Welcome to Seattle,” Johnson told Bernie, “where our Seattle Police Department has been under federal consent decree for the past three years, and yet has been riddled by use of force, racial profiling, and scandals throughout the year.”

Sen. Sanders doesn’t even stand up for his own speech rights, much less ours. Apparently fearing the loudmouths, he proved unwilling to confront them or address their complaints.

Sanders and his “progressive” Democrat comrades (governing cities like Baltimore and Seattle) must take responsibility for the results of their policies, and admit that the black voices shouting against racism are shouting at them.

This is Common Sense. I’m Paul Jacob.


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Bernie Sanders and Black Lives

 

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Common Sense general freedom ideological culture media and media people national politics & policies Popular

Are Democrats Socialists?

Does it matter that the chair of the Democratic National Committee doesn’t know if her party is socialist?

MSNBC’s Chris Matthews was grilling Debbie Wasserman-Schultz on the meaning of Sen. Bernie Sanders’s popularity within the Democratic Party. Mrs. Wasserman-Schultz responded by boasting that the Democrats “really are a Big Tent Party.” Then Matthews veered out her comfort zone of horse-race politics and self-congratulatory posturing.

“What is the difference between a Democrat and a Socialist?” he asked.

Mrs. W-S chuckled. Uncomfortably.

“I used to think there was a big difference,” Matthews went on. “What do you think it is?” Mrs. W-S evaded, blathering on how it is that the difference between Democrats and Republicans is what will really count in the upcoming election.

Karl Dickey, at the Examiner, holds that Democrats, today, are socialists: “one only needs to look at the Democratic Party’s platform to understand that it is a socialistic political party.”

Meanwhile, Juan Williams, discussing the issue on Fox News’s The Five, argues that there is a big difference between Democrats and socialists: Dems just like regulation and redistributing wealth; socialists want to nationalize industry and run everything through a central bureau.

And that is the definition that anti-socialist economists Yves Guyot and Ludwig von Mises settled on. Technically, Williams is right.

But the fact that the head of the Democratic Party waffled on the distinction says more about the party than a definitive answer would have.

This is Common Sense. I’m Paul Jacob.


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Deer in the Headlights

 

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Accountability government transparency term limits

Listen to Lobbyists

With 25 of 40 council seats turning over, “term limit advocates are enthusiastic about the influx of new folks and ideas,” explains Tennessean columnist Frank Daniels III, “but many council members are worried about the loss of knowledge and institutional memory.”

More precisely, “many council members” fret that the city cannot afford the loss of their “knowledge.” Politicians so want to kill such thinking that on today’s Nashville ballot is not one, but two measures to weaken the “eight is enough” council limit. Amendment 1 weakens the limits by 50 percent — from two terms, eight years to three terms, twelve years.

Amendment 2 weakens term limits just like Amendment 1 does. But Amendment 2 also reduces the size of the metro council from 40 representatives to 27. Reducing the number of “politicians” has some popular support, but what’s needed is closer representation. Which means more representatives, not fewer.

Nevertheless, when Amendment 2’s proponent, Councilwoman Emily Evans, was asked why the reduction in the council was combined with weakening term limits, she replied, “You have to give the voters something.”

The perennial argument against term limits asserts that lobbyists, special interests and the bureaucracy will have greater “institutional memory” and, therefore, take advantage of council members.

Talk about hollow! The group pushing Amendment 2 just released their campaign finance report. Their largest donor is the Service Employees International Union, representing city workers — followed by lobbyist after lobbyist, after developer, after payday loan company CEO, and a horde of politicians.

The open secret of our age: lobbyists hate term limits, voters love ’em.

This is Common Sense. I’m Paul Jacob.

 

P.S. And if you live in Nashville, don’t forget to vote today, yet again, to keep the citizen-initiated, voter-enacted, three times voter re-affirmed term limits against the latest ballot schemes of politicians and their cronies


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Institutional Memory

 

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Common Sense folly ideological culture media and media people national politics & policies political challengers responsibility

Gross Domestic Prevarication

A sign of these sorry times for professional journalism: Time magazine runs a dishonest smear against Charles Koch, completely twisting the billionaire’s remarks at a recent meeting of major donors in Orange County, California.

“Charles Koch Says US Can Bomb Its Way to $100,000 Salaries,” screamed the headline. The sub-heading added, “Building bombs and using them is one way to growth, the billionaire suggests to allies.”

What did Mr. Koch actually tell the assembled crowd of major donors?

“I think we can have growth rates in excess of 4 percent. When I’m talking about growth rates,” explained Koch, “I’m not talking about that GDP, which counts poison gas the same as it counts penicillin. What a monstrous measure this is. If we make more bombs, the GDP goes up — particularly if we explode them.”

In other words, while Time’s headline portrayed Koch as a warmonger, the billionaire businessman wasn’t suggesting this country “Bomb Its Way” anywhere. Certainly not “to growth.” In fact, Koch was making the opposite point: true economic growth can’t come from producing or using “poison gas” or other munitions.

Apparently, I wasn’t the only one who had found this article’s headline to be a flat-out concocted falsehood; Time soon changed the headline.

Yet, even the re-written headline was sort of a slap: “Charles Koch Mocks Common Measure of Prosperity.” Only after reading the sub-head — “Calls ‘monstrous’ the notion that GDP values bombs as much as medicine” — was it clear that Koch was making a very common sense point.

This is Common Sense. I’m Paul Jacob.


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Eternal Koch

 

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free trade & free markets general freedom individual achievement

Call for Great Communicators

Money can’t buy me love. So, the $10,000 first prize in the Second Annual Great Communicators Tournament doesn’t matter to me at all. Nor does the $5,000 second prize entice me, and certainly not the $2,500 for third place.

You, however, may be fond of money.

And if you can effectively communicate the freedom message, this contest is well worth joining. But the deadline — THIS FRIDAY, August 7 — is fast approaching.

The tournament’s “goal is to identify . . . and promote individuals who can effectively and persuasively discuss and defend the free market and the founding principles.”

It’s the brainchild of the folks at Think Freely Media — the good souls who sponsor this Common Sense program. They know that liberty advocates must take the moral high-ground in making the case for freedom, and not merely argue by empirical analysis.

The competition is easy to enter. No later than midnight this Friday provide a 1-3 minute video of yourself addressing one of several issues listed on the contest website.

“Videos should be . . . clear and concise, make sure . . . that you use moral, not material, arguments,” contestants are informed. “We’re looking for solid arguments and messages, not flashy production value.”

Your video will be posted, so a combination of public voting and deliberations by the Think Freely staff and judges will identify twelve semi-finalists. These twelve will then compete in person for the top prizes at the State Policy Network’s Annual Meeting in Grand Rapids, Michigan, in September.

Why not see just how talented a communicator you are? And perhaps get even better . . . at growing liberty.

This is Common Sense. I’m Paul McCart . . . er, Paul Jacob.


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Great Communicators Tournament

 

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Common Sense crime and punishment general freedom

Ultra Anti-Civilization

The stabbing event at a Thursday “Gay Pride” march in Jerusalem reveals an element of the much-talked-about “clash of civilizations” not often discussed any longer. But it used to dominate the conversation.

Why? It was not a Muslim jihadist who stabbed six people and ultimately killed one of them, a 16-year-old girl (she died in the hospital this weekend).

It was an Orthodox Jew.

That is, the man arrested at the event, identified as Yishai Schlissel, certainly looked Orthodox, when I saw him on TV, briefly, in an early report. The BBC now refers to him an “ultra-Orthodox Jew” (“ultra” theirs; emphasis, mine). He had previously carried out a similar attack in 2005.

“Israel’s government would have ‘zero tolerance’ for Jewish extremists, Prime Minister Benjamin Netanyahu said at a security cabinet meeting on Sunday,” according to a BBC report.

What suspect Schlissel shares with other terrorists is not merely a rock-hard belief that certain other people are sinful and corrupt, etc. He somehow also believes that he may assume the role of judge and executioner . . . of people he only knows by their differences.

This is beyond “ultra.” Schlissel repudiates not only the rule of law (since he acts outside it), but a basic idea that has grown in Western civilization — from roots found in his own religion.

Liberty.

The essence of liberty? Leaving peaceful people you disagree with alone.

It is more than possible for the religiously orthodox to get along with the un-orthodox. We can all get along if we respect each others’ rights, regardless of our differences.

This is Common Sense. I’m Paul Jacob.


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Against tolerance