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Accountability crime and punishment general freedom local leaders moral hazard nannyism national politics & policies privacy property rights responsibility too much government U.S. Constitution

The Minimal Use of a Finger

Drivers in Washington State have a new law to . . . swerve from?

“New distracted driving law starts Sunday, July 23,” the Washington State Department of Transportation (WSDOT) tweeted last week. “The law forbids,” Washingtonians were told,  “virtually all use of handheld gadgets such as phones, tablets, laptop computers and gaming devices while driving.”

The idea is to prevent accidents. Though distracted driving’s danger has been contested, texting while driving certainly seems a kind of crazy.  

Thankfully, it’s possible to talk “hands free.”

Which, it turns out, the new law does allow. Drivers may activate and de-activate hands-free devices (and apps) with the “minimal use of a finger.”

Eating and drinking while driving are also disallowed, but those are “secondary offenses,” which police are not allowed to pull you over for.

At this point, another meaning of “minimal use of a finger” may occur to some readers. What starts out as secondary offenses have been known to be upgraded, legally and practically, to primary offense status.

Does a shiver runs down your back?

Yet another rule! More fines!

More interactions with police.

And if all this doesn’t feel “police state-y” enough for you, there is argument in Seattle about whether pedestrians should be prohibited from “distracted walking.”

Yes, some are actually considering that.

I’m reminded of an argument against socialism: government-run enterprises tend to be run “ruthlessly and with special attention to prosecution (and overburdening) of the poor.” Why would anyone want such techniques writ society-wide, in every sector?

Meanwhile, we apparently must live and drive with more rules and more fines and more harassment.

This is Common Sense. I’m Paul Jacob.


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Big Libertarian Questions

“This raises some very big libertarian questions,” said Nigel Farage yesterday.

About what?

The “rights of parents against the state.”

The outspoken Brexit supporter and former leader of the UK Independence Party was referring to Charlie Gard, the sick, dying 11-month old British baby, whose parents sought to take to the United States for an experimental medical treatment. But the hospital and the British government pooh-poohed any likelihood of success and said, “No.”

That’s when Charlie’s parents went to court, fighting for seven months for the right to simply try to save their child’s life. Now, after those months of delay, even that remote medical hope has faded away.

“Even today,” explained Farage, “the hospital and the state are saying to these poor parents, ‘Oh, no, no, Charlie can’t die at home. He’ll have to die in our hospital.’”

The judge in the case called it “absurd” to suggest that little Charlie was a “prisoner of the National Health Service.” But not free to leave the country or even the hospital, that’s precisely what this poor child has become.

“There was a case four years ago of a little kid, Ashya King, who had a brain cancer,” Farage noted. “His parents wanted him to go to Prague for a revolutionary new treatment that the doctors here said wouldn’t work. The boy went. It worked. He’s now cancer free.”

Those parents were briefly imprisoned . . . for saving their child’s life.

It appears that single-payer makes the government the single-decider.

This is Common Sense. I’m Paul Jacob.


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Pardon Him, Mr. President

Presidents tend to issue pardons as their tenures draw to a close. But many victims of our government should be pardoned right now. Until the culpable agencies can be dismantled and/or sundry bad laws repealed, a steady flow of presidential pardons would provide the swiftest justice.

An Amish man in Kentucky, Samuel Girod, has been convicted of selling herbal remedies and such crimes as “failing to appear.” It doesn’t add up to one day in prison, let alone the six years of his sentence.

Girod created a salve from natural ingredients for treating skin disorders. After the state health department demanded that he stopped making certain claims for the product, he changed its name to Healing Chickweed. Told that the word “healing” was prohibited, he changed the name to Original Chickweed. The Food and Drug Administration also hounded him for selling various herbal remedies, which they called “drugs” because of his medical claims.

The man’s worst sin in all this seems to be failure to cooperate with the harassment. When FDA agents tried to examine his “manufacturing process,” he refused entry to his home. When Girod missed a hearing about his case, the government dubbed him a “fugitive.” The local sheriff can’t understand why the government is “victimizing such peaceful and law-abiding citizens.”

Yes, it’s a puzzle. Many historical, political, institutional, ideological and psychological factors would help explain it. More than answers, though, Samuel Girod needs his freedom.

How about it, Mr. President?

This is Common Sense. I’m Paul Jacob.


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education and schooling free trade & free markets general freedom ideological culture media and media people national politics & policies privacy property rights responsibility too much government U.S. Constitution

According to Economics

“Everywhere you look, economics is despised,” writes Tom Woods in his Tuesday email letter.

You know what isn’t despised? A daily email letter.*

But I digress; back to economics.

“The gimme-free-stuff people hate it because they don’t like being told that there might be undesirable side effects from seizing other people’s things.”

Well, true enough. But turn it around: many people demand free stuff at least in part because they do not understand the bigger picture . . . which Mr. Woods ably provides in his daily podcast and on his weekly Contra Krugman podcast with economist Bob Murphy.

“Politicians hate it, because it imposes logical constraints on what political activity can accomplish.”

True, but, like many in the general public (from whence they come), politicians’ prior lack of economic knowledge also leads, in part, to their hubris.

“Even some folks in the business world hate it, because (1) they’d rather agitate for special privileges than hear the case for free markets, and (2) they’d rather have low interest rates than be warned about the causes of the business cycle.”

Yes, too true. But, again, business people are generally just people, most of whom haven’t even been exposed to something beyond boring and misleading textbook econ, if that. Mr. Woods knows that, since that’s what his mission is, exposing more folks to ideas beyond what he calls “the index card of allowable opinion.”

Well, I’m all about allowing the unallowable — if it’s right!

This is Common Sense. I’m Paul Jacob.

 

* Historian Woods is now doing what I’ve been doing since 1999, providing a daily common-sense thought that is short and easy-to-read and dropped into your email box every weekday. Mine goes up online at ThisIsCommonSense.com; I don’t see his on his website . . . but I do see a lot of books and podcasts!


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Accountability folly free trade & free markets general freedom moral hazard nannyism national politics & policies responsibility too much government U.S. Constitution

According to Logic

“Polling on every possible option confounds all logic,” or so writes Tiana Lowe about ObamaCare and its repeal, at National Review.

“Americans overwhelmingly dislike the individual mandate and prioritize lowering the cost of health care over all other health problems in the country,” Ms. Lowe elaborates, “but a majority of Americans do not want to roll back Obamacare’s guaranteed coverage of pre-existing conditions. Just a quarter of Americans are happy with Obamacare as-is, but a mere 12 percent favor the now-dead Senate health-care bill.”

Perceptively, she notes that the situation is as bad or worse for politicians, who want to “have their cake and eat it too.” The problem with politicians is pretty obvious: they lie because they are afraid of confronting the truth.

But it seems to me, on the evidence Lowe herself provides, Americans mostly have it right.

We want to lower costs of health care. Well, that should be the first priority. It should’ve been government’s highest priority, since government caused our predicament.

A huge supermajority is unhappy with ObamaCare, which makes sense. The Affordable Care Act is not affordable. But the Senate health-care bill was worse than ObamaCare, so folks were right to oppose it.

The only real issue? Many Americans don’t seem to understand that the “pre-existing coverage” mandate necessarily raises costs. Forcing insurance companies to pay for non-eventualities* requires them to pass those extras onto customers in general. Here is where leadership would be of help.

And where it has failed, our President most of all.

Lowe criticizes Trump for not pushing the Senate’s bill more effectively. I’m thankful for that.

This is Common Sense. I’m Paul Jacob.

 

* Insurers wager against unpredictable future illness or accident, not the sucker’s bet of paying for an existing predicament.


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The Police State Is in Sessions

U.S. Attorney General Jeff Sessions threatens to make himself one of the biggest threats to your liberty.*

President Donald Trump’s pick for Attorney General just promised to encourage police departments to seize the personal property (cars, houses, cash) of criminal suspects.

The practice is called asset forfeiture. It comes in two forms, criminal and civil. Compelling objections have been raised against civil forfeiture, which accounts for nearly 90 percent of all forfeitures. Abuse is rampant in cities, counties and states around the country, routinely used against people who have not even been charged, much less prosecuted and convicted. (Often not really even suspected of criminality.)

“No criminal should be allowed to keep the proceeds of their crime,” he told conference attendees in Minneapolis, Minnesota, on Monday.** But how can our top federal law enforcement officer ignore the profound difference between a suspect and a criminal?

No one is a criminal, before the law, until proved in court. Taking away property to make it harder for suspects to defend themselves — which is what RICO laws and other Drug War reforms intended to do — is obviously contrary to the letter of the Fourth and Fifth Amendments as well as the spirit of the U.S. Constitution.

Sessions announced he’ll soon offer a “new directive on asset forfeiture — especially for drug traffickers.” Unless he clearly indicates that it will only be used against the property of persons legally convicted of crimes, Sessions will be merely making charges of an “American Police State” stick.

America’s top lawman argues completely contrary to American principles of justice.

This is Common Sense. I’m Paul Jacob.

 

* Bigger than Eric Holder was. Bigger than Loretta Lynch.

** Sessions also went on to say that “sharing with our partners” — local police departments around the nation — is a good thing. This is, systemically, the most dangerous aspect of it all, for it encourages police departments to take things for their own benefit.


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The Worst Is the Enemy of the Cure

You’ve heard the adage: “the perfect is the enemy of the good.” This can be true in politics, where opposing an ameliorating reform because it is not ideal means, sometimes, getting stuck with unmitigated policy disasters.

But there’s a corollary: in politics the worst is likely to emerge . . . when practiced compromisers succumb to fearing the best, because unpalatable, or perhaps not in line with political interests.* Trying to avoid the “best is the enemy of the good,” we’re left with the outrageously awful.

Cures worse than the disease are not uncommon. The Democrats’ “Affordable Care Act” (ObamaCare) was a clumsy, badly drafted hodgepodge designed to fix problems by doing the opposite of what made sense.

And it immediately started having ill effects, pushing up costs for many, many health-care and medical insurance consumers.

No wonder Republicans ran year after year promising repeal.

But now that Republicans have the chance for a real cure, they’re chickening out. The Senate just debuted their ObamaCare replacement. And Senator Rand Paul (R-Ky) calls it “worse than ObamaCare.”

Why worse?

Because Republican politicians are better at promising than delivering. Fearing how those who directly benefited from ObamaCare might squawk, and how badly the GOP would be treated in the media because of this, moderates went with what they know: snake oil.

Fortunately, Rand Paul’s opposition may kill the bill. If one other senator joins Dr. Paul — and Sen. Susan Collins (R-Maine) who announced her opposition for other reasons — in not voting for the monster, it will not pass.

Which is great, because going for a cure worse than the previous cure leaves us all with the worst possible outcome.

This is Common Sense. I’m Paul Jacob.

 

* Like many cures. Politicians these days no longer have the knack for the necessary “spoonful of sugar” to help medicine go down. They prefer distributing just sugar pills.


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Messed Up State

After lamenting Illinois’s fiscal decline into America’s “most messed up” state yesterday, lo and behold, today we find the State of Nevada messed up, too.

On marijuana.*

Question 2, passed by voters last November, legalized recreational use of what we used to call “weed” by those 21 years of age and older. The measure also stipulated that — for the first 18 months only — alcohol distributers are solely permitted to carry marijuana from wholesalers to the new retail dispensaries.

Why provide a monopoly to alcohol distributors?

“[T]he state’s powerful alcohol lobby worried that legalized weed would cut into liquor store sales,” explained the Los Angeles Times. Proponents added that provision as “a concession.”

But still not a single alcohol distributor has been approved to distribute marijuana.

So, with pot now flying off the shelves of Nevada’s 47 marijuana dispensaries, there is no lawful way to replenish those shelves. Nevada’s DOT (which requested from the governor an official declaration of a state of emergency) warns: “this nascent industry could grind to a halt.”

That’s not just a bummer for pot smokers; it has the governor and the DOT in a state, too. “A 10% tax on sales of recreational pot — along with a 15% tax on growers — is expected to generate tens of millions of dollars a year for schools and the state’s general fund reserves,” notes the Times.

Legalize marijuana, sure. And realize that the politics of it can be more toxic than the drug itself.

This is Common Sense. I’m Paul Jacob.

 

*Is that why the slogan “A World Within, A State Apart” is now featured on the state’s website?


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Most Messed Up

“Politicians are notorious for making promises they can’t keep,” Matt Egan reports at CNN Money. “But they really outdid themselves in Illinois — and now the state is paying for it.”

Egan dubs the state “America’s most messed-up.”*

No wonder the state has the worst outbound migration in the nation — or, as Egan puts it: “people are leaving in droves.”

On June 1, Moody’s and S&P Global Ratings downgraded the state’s credit rating to one notch above so-called “junk bond” status. “Illinois has suffered 21 downgrades from the three major ratings agencies since 2009,” the Illinois Policy Institute informs, and now has the lowest credit rating of any state, making it more expensive to borrow. Even with passage of a budget — finally, after three years of the legislature failing to fulfill its constitutional duty — the threat of a further downgrade still looms.

“After decades of historic mismanagement, Illinois is now grappling with $15 billion of unpaid bills and an unthinkable quarter-trillion dollars owed to public employees when they retire,” the article explains.

Decades of mismanagement? Perhaps the problem was inexperienced legislators, lacking the necessary expertise to do their crucial jobs, because of term limits. Except that Illinois doesn’t have term limits.

In fact, Illinois sports the nation’s longest-serving Speaker of the House in modern times. Mike Madigan has been speaker for 32 of the last 34 years, since 1983. Call him “Mr. Experience.” Madigan is recognized as the most powerful man in state government.

All that leadership experience . . . leading citizens to experience much pain and suffering.

This is Common Sense. I’m Paul Jacob.

 

* That’s in the headline. In the article, Egan explains the mess as “the inevitable result of spending more on pensions and services than the state could afford — then covering it up with reckless budget tricks.”


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UK Death Panel

Six days ago, the European Court of Human Rights sided against the parents of Charlie Gard, a severely ill boy, refusing to allow them to take their infant son to America where he could receive full (and privately funded) experimental treatment. The court ruled that removing the child from the hospital would cause him “significant harm” — and authorized the termination of life support.

Yesterday, this site quoted Ben Shapiro on the case. Shapiro sees this sad story as a grand demonstration of what is wrong with government-funded and -managed health care:

Bernie Sanders tweets about how nobody should be denied care because they can’t afford it? But that’s what happens all the time under socialized medicine — the difference being, it’s not about you not being able to afford it, it is about the government not being able to afford it.

Economists tell us that, in a world of scarcity, there will be rationing, willy nilly: either by price (according to consumer and producer choices) or else by government diktat.

Last week, the European Court of Human Rights did its due diligence to ration resources — serving as a Death Panel.

The scheduled to pull the plug on Charlie last Friday, but there’s been a last-minute reprieve — no doubt a result of pressure from America and the Vatican.

Though the doctor who testified before the court insisted that any American medical institution would have provided the treatment he offers, the best the Gards can apparently hope for, now, is to be allowed to take Charlie home to die.

Think of it as socialized medicine in action.

This is Common Sense. I’m Paul Jacob.


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