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Accountability crime and punishment government transparency moral hazard national politics & policies property rights responsibility too much government U.S. Constitution

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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Against Flexibility?

Do politicians have any idea what they are doing?

In Oregon, Senate Bill 828 just passed the Senate and is now being favorably reviewed in the House. The law would require “large employers in specified industries to provide new employee[s] with estimated work schedule and to provide current employee with seven days’ notice of employee[’s] work schedule.”

But will the measure help employees? Really?

The notion is called the “Fair Work Week.” Pushed by Democrats, it has gained bipartisan support. The basic idea: allow time (under full force of law) for workers to manage their own schedules and personal economies.

Trouble is, in the name of making work easier to manage, it attacks flexibility.

Which is something many workers want. More than notification.

Indeed, the study commissioned by the City of Seattle for their similar regulatory scheme acknowledged that reducing flexibility is not necessarily a godsend for workers.

“A more predictable schedule,” the report noted, “is not always one that an employee would prefer. A schedule known with certainty is a cold comfort if it yields too little income to survive.”

The report went on to explain that many of the labor market’s scheduling inconveniences are themselves the result of other government regulations, such as ObamaCare.

Christian Britschgi, writing at Reason, predicts that passing the Oregon law would mean “a fairer worker week” for some, but for others, “no work week at all.”*

Meanwhile, the Seattle study noted that it was workers in small businesses who are most likely to be discomfited by last-minute scheduling changes. The Oregon law applies only to big businesses.

This is Common Sense. I’m Paul Jacob.

 

* A standard, negative consequence of most “well-intended” legislation.


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