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First Amendment rights national politics & policies too much government

First Things First

Surely there’s something good in the first legislation put forth by the brand-​new Democratic House majority — though nothing jumps to mind. 

The 571-​page smorgasbord bill “addresses voting rights, corruption, gerrymandering and campaign finance reform,” writes Thomas Edsall in The New York Times, “as well as the creation of a Select Committee on the Climate Crisis — a first step toward a ‘Green New Deal.’” 

H.R. 1 would mandate that states adopt automatic voter registration, a step too far. It establishes a system of public subsidies for candidates running for Congress, with taxpayers forking over a six-​to-​one match on donations of $200 or less. 

The legislation also empowers* the Federal Election Commission, including by ending its supposedly “neutral” composition, i.e. an equal number of Democrat and Republican commissioners. This would either allow the FEC to be more “decisive” or unleash the dogs of partisan political witch hunts … depending on the case and/​or your politics.**

Speaker Nancy Pelosi (D‑Calif.) and Rep. John Sarbanes (D‑Md.), the lead sponsor of the legislation, bill it as the best way “to rescue our broken democracy.” 

“It should be called the Democrat Politician Protection Act,” argues Senate Majority Leader Mitch McConnell in the Washington Post

David Keating, president of the Institute for Free Speech, tells NPR, “A lot of [H.R.1] looks to be unconstitutional.”

No problem, for one provision calls for a constitutional amendment to partially repeal the First Amendment, so to authorize Congress to regulate campaign spending and speech.

Remember: the First Amendment is a single sentence, a mere 45 words.

Succinct and effective.

The former does not apply to this new bill, and the latter, I hope, does not apply to this new Congress.

This is Common Sense. I’m Paul Jacob.


* Let’s not give greater power to the FEC, which, according to a federal judge, “acted arbitrarily and capriciously and contrary to law” in the 2016 election.

** Of course, for Ross Perot in the 1990s or Libertarians, Greens and independents today, that “bipartisan” make-​up isn’t neutral but stacked like a Star Chamber


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free trade & free markets media and media people too much government

A Former Economist

Paul Krugman, New York Times columnist and former economist, tested our patience last week with “Trump’s Big Libertarian Experiment.” How many non sequiturs will squeak past the Gray Lady’s editorial department? 

Loads — and all about how the federal government shutdown gives limited government folks what they want: less government.

Subsidy checks to farmers aren’t going out, as “libertarian organizations like Cato” have long advocated. Sure. But it’s no policy change.

As soon as there’s a budget deal, those checks will be made up.

Further, “businesspeople are furious that the Small Business Administration isn’t making loans.” 

Well, it’s high time businesses were weaned off the SBA teat — and a few whiners do not a case for subsidy make.

And then there’s the Food and Drug Administration, which can no longer inspect foods. Since “there’s a long conservative tradition, going back to Milton Friedman, that condemns the F.D.A.’s existence as an unwarranted interference in the free market” libertarians must be pleased, eh?

There is also a long tradition among economists that says businesses don’t get rich poisoning their customers, and that there are many mechanisms in place — and, barring the FDA, more would be in place — to ensure customers that they won’t be infected by eating … Romaine lettuce.

Which then Krugman admits … as if he had belatedly recalled Friedman’s lesson in Capitalism and Freedom. He concedes that the shutdown is not the way Friedman would go about limiting government. Besides, “libertarian ideology isn’t a real force within the G.O.P.”

So what’s the point?

Krugman ends with talk of a smell test: does lack of food inspections smell like freedom?

Something stinks here. But it isn’t spoiled food. Or freedom.

This is Common Sense. I’m Paul Jacob.


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Paul Krugman, libertarianism, libertarian, freedom, shutdown

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meme too much government

Twain on Congress and Liberty

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too much government

Five-​Alarm Foolishness

Will President Trump declare a “national emergency”? Is he that desperate to get the funds needed to build a wall (or steel-​slate fence or barrier of some sort) on the U.S. border with Mexico?

It looks increasingly likely, but who knows … 

What I do know is how foolish and dangerous it is to provide “emergency” loopholes for politicians.

Words have very mutable meanings to politicians. “Emergency” will entail whatever the president invoking it desires. 

In fact, when Congress passed the National Emergencies Act in 1976, the legislation didn’t even bother to define the term, “emergency.” 

Every time I hear “national emergency,” it reminds me of Colorado and Oregon, where state constitutions are clear that an emergency entails a true threat to the health and safety of the public. But since those constitutions protect emergency bills from the check of a citizen referendum, legislators make use of the obvious loophole: a majority of bills in those states now carry a clause dishonestly claiming emergency status.

I guess we should not be shocked to discover that Congress has awarded the president at least 136 emergency powers, as Elizabeth Goitein of the Brennan Center for Justice informs The Washington Post.

Ninety-​six of those “powers” allow the president to act unilaterally.

What sort of blind power giveaways are we talking about? 

Goitein explains that in a declared emergency, under current law, Congress has authorized “the president to shut down or take over radio stations and even suspend a law that prohibits government testing of chemical and biological weapons on unwitting human subjects.”

We need a wall, all right … between politicians and this foreign notion of extra-​constitutional “emergency” powers. 

This is Common Sense. I’m Paul Jacob. 

emergency, alarm, Trump, Donald, President, power

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ideological culture too much government

Worse Than Her Faux Pas

“If we work our butts off to make sure that we take back all three chambers of Congress,” stumbled U.S. Representative Alexandria Ocasio-​Cortez (D.-N.Y.), “uh, rather, all three chambers of government: the presidency, the Senate, and the House.…”

The Daily Wire, where I encountered this particular snippet of inanity, could be caught gloating between her lines. And it is funny (amidst the fear) when politicians prove themselves ignorant, clueless, unprepared. Politicians rarely come across as masters of their subject.

But we who are subjected to their lack of mastery should worry about their substantive flubs more than their trivial technical errors.

As the newly elected solon herself had the wit to notice.

“Maybe instead of Republicans drooling over every minute of footage of me in slow-​mo, waiting to chop up word slips that I correct in real-​tomd [sic],” she went on, “they actually step up enough to make the argument they want to make: that they don’t believe people deserve a right to healthcare.”

I am not a Republican, but I’m here to help. The only rights we “deserve” are those we can have without enslaving and exploiting others. My right to freedom requires only your duty to leave me alone, not systematically taking from others or running their lives. But a right to “healthcare”? The corresponding duties are vague and ominous, potentially limitless.

And thus oppressive. 

A government big enough to give Ocasio-​Cortez everything she wants is too big to leave any freedom for the rest of us.

This is Common Sense. I’m Paul Jacob.


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Alexandria Ocasio-Cortez

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meme moral hazard too much government

How to Know

Many people don’t seem to realize that a prohibition (banning something) is AUTHORITARIAN BY DEFINITION. Whether it’s drugs, guns, alcohol, offensive language, dangerous ideas, texting while walking(!), plastic straws(!)… authoritarians are perfectly happy to use government violence to force the rest of us behave as they wish. Because they think they know what’s right for everybody else. They are the authorities. They are the keepers of the truth. For the rest of us, the message is clear: obey or be punished.

The spectacle of people screaming about Trump’s “authoritarianism” while simultaneously demanding more regulations, more bans, more restrictions… would be funny if it weren’t so dangerous.


A “rule of law” is based on general principles, and makes room for — or, better yet, is based upon — the protection of individual rights.

It used to be common to say, “a rule of law, not of men”; it was even as common in political oratory as was spouted out over drinks at the Rotary. But as the modern Regulatory State has grown in scope and power, most folks seem to have lost track of the notion. It is now not even a cliché. Few even of our most educated folks can explain this idea. Vast swaths of the mis-​educated public appear not to “get” the idea of limiting government to the enforcement of a few general principles; instead, they cry for more “regulations” (along with additional spending and maybe even a whole new division of the executive government) every time a crisis, tragedy or atrocity occurs.

So we are left with a political culture in which the words of Tacitus seem to a majority as implausible at best, evil at worst: “The more the laws, the more corrupt the State.” Contrary to today’s trendy prejudice, we do not need “more laws” — edicts legislated by representatives, or regulations concocted by bureaucracies — we need Law.

As in, “a rule of Law.”

regulations, rule of law, control, freedom

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