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First Amendment rights Fourth Amendment rights general freedom

Lockdowns Down Under

“Australia is suffering a surge of authoritarianism, in part because of its lack of constitutional protections for liberty,” writes J.D. Tuccille at Reason.

Sydney, Australia, is going through another major round of lockdowns. When you see the popular reaction — the mass protests demonstrate how unpopular the lockdowns are — you might be inclined to think there’s hope.

But Mr. Tuccille finds the hope in Americans’ great historic fortune: we have a Bill of Rights.

Australian politicians, on the other hand, express thankfulness that Australia doesn’t have any deep constitutional limits to their powers.

While it is the current Aussie prime minister who plays tyrant today, Aussie tyranny was cogently expressed by a previous holder of the position, John Howard, whom Tuccille quotes — chillingly: 

  1. “The essence of my objection to a Bill of Rights is that, contrary to its very description, it reduces the rights of citizens to determine matters over which they should continue to exercise control.” 
  2. “I also reject a Bill of Rights framework because it elevates rights to the detriment of responsibilities.”

That first point is not made much less bizarre by the prime minister’s elaboration, expressed in a sentence Tuccille did not include, that a Bill of Rights must fail because it delivers “authority to unelected judges, accountable to no one except in the barest theoretical sense.” Yet, lacking a listing of rights, there are few things a beleaguered citizen can do but bend to the cop’s bludgeon and prime minister’s edict. (Hooray for judges?)

That second point is an old canard. Rights and responsibilities go hand in hand; every right has a flip-side duty.

In the context of a pandemic: people with rights oblige others to negotiate masks and vaccines and the like.

Where? On private property: outside of government. On public property: in legislatures. 

Alas?

This is Common Sense. I’m Paul Jacob.


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First Amendment rights Fourth Amendment rights general freedom

Lockdowns Down Under

“Australia is suffering a surge of authoritarianism, in part because of its lack of constitutional protections for liberty,” writes J.D. Tuccille at Reason.

Sydney, Australia, is going through another major round of lockdowns. When you see the popular reaction — the mass protests demonstrate how unpopular the lockdowns are — you might be inclined to think there’s hope.

But Mr. Tuccille finds the hope in Americans’ great historic fortune: we have a Bill of Rights.

Australian politicians, on the other hand, express thankfulness that Australia doesn’t have any deep constitutional limits to their powers.

While it is the current Aussie prime minister who plays tyrant today, Aussie tyranny was cogently expressed by a previous holder of the position, John Howard, whom Tuccille quotes — chillingly: 

  1. “The essence of my objection to a Bill of Rights is that, contrary to its very description, it reduces the rights of citizens to determine matters over which they should continue to exercise control.” 
  2. “I also reject a Bill of Rights framework because it elevates rights to the detriment of responsibilities.”

That first point is not made much less bizarre by the prime minister’s elaboration, expressed in a sentence Tuccille did not include, that a Bill of Rights must fail because it delivers “authority to unelected judges, accountable to no one except in the barest theoretical sense.” Yet, lacking a listing of rights, there are few things a beleaguered citizen can do but bend to the cop’s bludgeon and prime minister’s edict. (Hooray for judges?)

That second point is an old canard. Rights and responsibilities go hand in hand; every right has a flip-side duty.

In the context of a pandemic: people with rights oblige others to negotiate masks and vaccines and the like.

Where? On private property: outside of government. On public property: in legislatures. 

Alas?

This is Common Sense. I’m Paul Jacob.


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Fourth Amendment rights general freedom

Evicting Unjust Evictions

Good news: New York City businessmen can no longer be threatened with eviction and forced to forfeit their rights for the crime of . . . well, for no crime at all.

Sung Cho, owner of a Manhattan laundromat, is one of many victims of an eviction-and-extortion racket perpetrated by the city.

For years, business owners have faced eviction because of offenses that occurred on the premises of their business — even if the owner was ignorant of the alleged offenses before they were committed.

In 2013, police entered Cho’s laundromat to sell supposedly stolen goods. After a couple of people unconnected to the business accepted the offer, the NYPD threatened Cho with eviction. Even though neither Cho nor his employees were accused of doing anything illegal.

Cho felt he had no alternative but to waive his right not to be subjected to warrantless searches, and grant police access to his security cameras, and forfeit his right to a hearing if ever penalized for alleged criminal offenses in the future. To avoid eviction, he accepted those obnoxious terms.

But he didn’t leave it there. In 2016, Sung Cho teamed up with the Institute for Justice to sue the city.

After many ups and downs, the final result is that the law so often used as a club against innocent business owners has been changed. Also, the NYPD must obey a binding order that it “shall not enforce or seek to enforce” the terms of agreements imposed under the old law.

A big win for lots of small businesses against tyrannical actions by government.

This is Common Sense. I’m Paul Jacob.


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crime and punishment Fourth Amendment rights

Cops vs. Mobs, Tyranny vs. Law?

“He was stuffed into what may have been a rental van operated by unmarked federal agents,” explained Cato Institute’s Patrick Eddington, “and taken to the federal courthouse, where he was interrogated without counsel. He wisely refused to answer questions and was then subsequently released without any kind of charges being filed.”

Eddington concluded: “I think most people would call that kidnapping.” 

The “he” — detained and questioned by federal agents* in Portland, Oregon — is Mark Pettibone. Whether the van was rented is irrelevant, nor do these agents or their vehicles require any marking.

And criminal suspects can lawfully be held for questioning. 

“So that we understand how police may remove someone from the streets,” Cato Daily Podcast host Caleb Brown adroitly offered, “we understand that they need to identify themselves. . . . that people who are placed under arrest retain certain rights to communicate with the outside world, to assert their ability to have a lawyer present for questioning.

“It seems that perhaps,” added Brown, “asking for a lawyer was the trigger here” resulting in Mr. Pettibone’s release.

Eddington agreed, but then announced that it “really does have the feel of Argentina or Chile in the 1970s, with the disappearances that took place. The only thing lacking was Mr. Pettibone being murdered by those agents.”

That is one big “only”!

“This is being done essentially to try to suppress protests in this country,” argued Eddington. “It has nothing to actually do with protecting monuments.” 

“We’re talking only about violent rioters,” Homeland Security Deputy Secretary Ken Cuccinelli told NPR. “We’re not talking about actual protesters. We’re not seeking to interfere at all with anyone peacefully expressing themselves — period, full stop.”

Following the rule of law means protecting peaceful protests. And welcoming an investigation into the federal role in Portland. More concerning than Mr. Pettibone’s detention is the continued use of so-called non-lethal weapons, which seriously injured a protester weeks ago.

But the rule of law also means protecting Portlanders and their property against violence and destruction. And welcoming an investigation into the state and local dereliction of duty in Portland. 

This is Common Sense. I’m Paul Jacob.


* The Department of Homeland Security acknowledged that agents with the CBP (Customs and Border Protection) were “cross designated to support FPS” (the Federal Protection Service) in Portland “because of the demand for more manpower in light of the violence.”

Note: Walter Olson, a senior fellow at The Cato Institute’s Robert A. Levy Center for Constitutional Studies and founder of the blog, Over​lawyered​.com, details what we know about the Portland controversy. 

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Fourth Amendment rights general freedom

Beware Big Bother

Governments want us to install apps on our mobile devices that would track our movements.

If we do not do so, politicians say, they cannot ‘re-open’ society.

Better idea: nix the stay-at-home orders and entice us to use your Little Brother apps, you intrusive, over-stepping tyrants.

OK. I confess: they are not called Little Brother apps. Declan McCullagh, writing in Reason, calls them “contact tracking apps,” and notes that, while American states consider them, Australia’s and Singapore’s prime ministers are really pushing them.

And are complaining that voluntary adoption has been lackluster.

As for those low adoption rates? 

Huzzah!

For a variety of reasons, I will be resisting this new tech.

“Different strains of contact-tracing software are emerging,” explains McCullagh. “All of the more prominent systems rely on a centralized server of some sort, either to perform matching of COVID-positive identifiers or to distribute lists of COVID-positive identifiers for matching locally on your device.” The idea is to notify us when coming close to an infected person. 

Further confession: my relationship with computing gadgets being so fraught with . . . tensions . . . that such an app would no doubt seem more a Big Bother.

Note the lack of an ‘r.’

It is one thing to offer a new service for our benefit. It is another thing to hold our freedom of movement in hock — install our apps, say these pols, or no return to normalcy!

Bothersome Big Brotherish attacks on our privacy get their biggest boosts from governments.  

This is Common Sense. I’m Paul Jacob.


surveillance, metadata, Snowden, Edward Snowden

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Fourth Amendment rights national politics & policies The Draft

Rich Kids for Ransom

Elliot Ackerman wants peace so badly that he is willing to conscript our sons and daughters into the military in hopes of achieving it. 

“From Somalia to Syria, American forces are engaged in combat,” the author and decorated Marine veteran writes in Time. “With recent military posturing against Iran, against North Korea, it is also easy to imagine our country sleepwalking into another major theater war.”

Mr. Ackerman is not arguing the draft would help in current or future combat operations, or appreciably improve the military. In answer to the obvious question, “Why would you degrade the finest fighting machine the world has ever known?” he replies, “[W]e must move the issues of war and peace from the periphery of our national discourse to its center.”

How? 

Ackerman proposes a “reverse-engineered draft.” 

His idea is to call up 65,000 young men and women by lottery for two-year terms of servitude. This would represent roughly 5 percent of the armed forces. “And no one could skip this draft,” he claims . . . though obviously not everyone sent a “Greetings” letter will be physically able to serve. 

Lastly, he insists that “the only ones eligible” would be “those whose families fall into the top income tax bracket.”

In short, conscript the rich kids!

Of which Ackerman was one.*

Maybe his stance of theatrical class self-sacrifice distracted him from his proposal’s blatant violation of the 14th Amendment’s equal protection clause. 

All this to stir up more angst from allegedly influential high-income earners by turning their children into political hostages.

Doesn’t make Common Sense. I’m Paul Jacob.


* In the 1990s, I served with Peter Ackerman, Elliot’s father, on the board of directors of U.S. Term Limits.

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Elliot Ackerman, conscription, war, slavery, soldiers,

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