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Accountability crime and punishment general freedom national politics & policies political challengers responsibility

Delegates Imprisoned

Can you go to jail for voting for the wrong person?

We may find out today, in a federal court in Richmond, Virginia. Judge Robert Payne will hear motions in the case of Correll v. Herring. Attorney General Mark Herring is being sued in his official capacity by Beau Correll, a Republican delegate who refuses to vote for Donald Trump.

Correll is the named plaintiff in this class action challenge to a Virginia statute that binds delegates attending presidential nominating conventions to vote for the plurality winner of their state party primary, which was Mr. Trump.

The penalty for not tallying for Trump? As much as a year behind bars. And a fine.

Correll’s attorney, David Rivkin with Baker & Hostetler, has asked the judge to issue an injunction blocking enforcement of the statute against Correll and all other Virginia delegates. The ruling wouldn’t affect delegates beyond Virginia, yet the implication would be obvious: state laws binding party delegates to vote according to the primary results are unconstitutional.

Trump supporters aren’t taking this lawsuit lightly; several have moved to intervene — on the side of the AG. They’re right to be concerned: a delegate revolt to dump Trump has been brewing for weeks. And the legal precedents are all on the side of political parties controlling their own nominating process, leaving state governments no legitimate role.

It’s long past time to break the crony connections between government and the two major political parties.

Let’s stop all taxpayer subsidies for party primaries and conventions. But let’s also recognize that the delegates meeting in convention should be free to do . . . well, whatever they choose. After all, it’s their party.

This is Common Sense. I’m Paul Jacob.

BIG PICTURE: Why the case really matters!

With the results of Correll vs. Herring, we may also find out if the Republican and Democratic (and Libertarian and Green) Parties are private organizations, with First Amendment protection for their freedom to associate without government interference. Nothing could be more heavy-handed than threatening delegates with incarceration if they vote their conscience — or even follow the state party’s rules, which call for delegates to be awarded proportionately rather than winner-take-all as Virginia’s statute requires.

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Accountability folly free trade & free markets general freedom government transparency initiative, referendum, and recall moral hazard nannyism national politics & policies property rights

The Return of the Philosopher King

On Sunday, at Townhall, I addressed the whining attacks on referendums and “democracy” that followed the Brexit referendum.

The most outrageous? A broadside from Jason Brennan.

“To have even a rudimentary sense of the pros and cons of Brexit,” argues this Robert J. and Elizabeth Flanagan Family Associate Professor of Strategy, Economics, Ethics, and Public Policy at the McDonough School of Business at Georgetown University, “a person would need to possess tremendous social scientific knowledge. One would need to know about the economics and sociology of trade and immigration, the politics of centralized regulation, and the history of nationalist movements.”

In other words, most Brits needn’t worry their pretty little heads about deciding their future; experts have everything under control.

Brennan has a new book coming out, Against Democracy, wherein he posits that we need “a new system of government — epistocracy, the rule of the knowledgeable.”

Sound familiar? ’Tis the old Platonic whine in new wineskins.

This Philosopher King is necessary, you see, because citizens don’t posses the advanced degrees to judge whether Brennan is right or wrong. We can’t even find a Holiday Inn Express in the phonebook. Or a phonebook.

Nonetheless, why not consult other known knowers?

The late William F. Buckley, Jr., well-educated and well-spoken on political matters, once declared that he would “rather entrust the government of the United States to the first 400 people listed in the Boston telephone directory, than to the faculty of Harvard University.”

“Incestuous, homogeneous fiefdoms of self-proclaimed expertise are always rank-closing and mutually self-defending, above all else,” warned journalist Glenn Greenwald, an expert on such hooey.

“I know no safe depositary of the ultimate powers of the society but the people themselves,” wrote Thomas Jefferson, “and if we think them not enlightened enough to exercise their control with a wholesome discretion, the remedy is not to take it from them, but to inform their discretion by education.”

Most decisions in a free society are thankfully made by individuals (not voters, bureaucrats, or academics) about their own lives.

But when legitimate decisions of governance must be made, I’ll take democracy over rule by experts.

This is Common Sense. I’m Paul Jacob.


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Common Sense free trade & free markets general freedom ideological culture initiative, referendum, and recall responsibility tax policy term limits U.S. Constitution

Trying Our Souls

In Common Sense, his incredible hit pamphlet of 1776, Tom Paine appealed to “the inhabitants of America”:

O ye that love mankind! . . . Every spot of the old world is overrun with oppression. Freedom hath been hunted round the globe. Asia, and Africa, have long expelled her. Europe regards her like a stranger,and England hath given her warning to depart. O! receive the fugitive, and prepare in time an asylum for mankind.

Today . . . well, our country might be mistaken for an asylum. Just not the type envisioned by Mr. Paine

Worse still, freedom in America is under consistent attack.

Following the Orlando terrorist massacre (and don’t forget, “hate crime”), who could be surprised at yet another rush to infringe on Second Amendment rights by legislation? But I must admit I was still naïve enough to be shocked that not a thought was given to making our Fifth Amendment rights to due process so much collateral damage.

Secretly writing names on a classified list, whether you call it a “no-fly list” or the “terrorist watch list,” and using merely that to bureaucratically deny citizens fundamental rights (“top ten” rights, as in No. 2 and No. 5 in the Bill of) is no process of law at all.

Who could so cavalierly toss away the very bedrock of our freedom? It’s as if our so-called representatives don’t give a hoot about our rights.

Common Sense readers are well aware that two years ago every Democrat in the U.S. Senate voted to repeal the key freedom of speech provision of the First Amendment. The goal was to completely reverse the current wording of “Congress shall make no law” with new wording that incumbent legislators in “Congress and the States may regulate . . . the raising and spending of money by candidates and others to influence elections.”

The amendment didn’t pass. Thankfully. But, frighteningly, it continues to be promoted. Presidential candidate Hillary Clinton has endorsed it. Most folks are ignorant about the extremism of the approach, because the media reports mainly that the amendment reverses Citizens United, something the amendment actually doesn’t do.

The amendment simply awards Congress so much power that the highly-disapproved body could do almost anything.

Most people also don’t realize that the Citizens United case was about the Federal Election Commission (FEC) censoring advertising for a movie about Hillary Clinton, produced by a non-profit corporation.

Speaking of government censorship of the press, the FEC had been threatening Fox News with major fines for making corporate contributions to 17 GOP presidential candidates. What happened? The cable news channel decided to expand from a single debate featuring 10 candidates to two debates with the earlier “undercard” debate featuring an additional 7 candidates. A candidate not chosen to be one of the 17 candidates filed a complaint against Fox, alleging it amounted to an illegal contribution to all 17 candidates.

The FEC recently closed the case without beating up the disfavored news channel only because three Republican commissioners blocked three Democrats. The case should not only be closed, it should never have been brought in the first place. We don’t want our government dictating to the media about political debate coverage.

Or anything else.

And how can major federal agencies provide equal protection to all citizens, when they are staffed according to political party to provide protection for Republicans and Democrats? More of us are independents than either Rs or Ds.

The war against political participation isn’t confined to Washington. I know from my ordeal in Oklahoma nearly a decade ago, when for assisting initiative petition campaigns for a spending cap and eminent domain reform, I was charged with conspiracy to defraud the state and threatened with ten years in prison . . . until a year and a half later when, without ever completing even a preliminary court hearing, the charge was dismissed.

I’ve seen Eric O’Keefe and other brave citizens in Wisconsin endure dawn SWAT-style police raids for the awful crime of campaigning in favor of government policies they support.

And, of course, how can we forget that no one has been held in any way accountable for the years that the IRS blocked the formation of Tea Party and conservative and libertarian groups?

This country is in trouble.

In addition to the assaults on our rights, especially the right to participate politically, there is the dysfunction at all levels of government. Among the big national problems of massive debt and constant war, we find smaller local issues that signal a deeper, bigger problem.

Common Sense has long covered the school kid suspended for drawing a gun or eating one’s PB&J sandwich into a pistol or the school that photo-shopped out the musket from their Minuteman mascot. This last year we followed many of the twists and turns to the story of the Meitivs, the Maryland family that dared allow their two children, ten and six years of age, to walk home from a public park. The children were obviously well cared for, but nonetheless they were picked up and held by police several times and the parents were long threatened with losing their kids.

It took over a year for the authoritarians with Child Protective Services to agree that kids walking home from a park in broad daylight did not constitute prima facie evidence of child abuse or neglect. And to agree to leave the poor Meitiv family alone.

Common Sense has also highlighted the racketeering being done by police forces federal, state and local through what’s known as civil asset forfeiture — again, a complete denial of basic rights. Under current law — or more correctly, lawlessness — police can take people’s property and money when detaining them and then keep it, even if the person is never convicted of a crime, or even charged.

This suspension of the fundamental concept of “innocent until proven guilty” must not stand.

But who is going to stop it? Not just this one outrageous rip-off, but the whole societal slide to a system where individuals have no rights, especially if they lost the last election, and government makes more and more of our decisions for us.

Hillary Clinton?

Donald Trump?

Your state’s legislators? Your city council? Your congressman?

You and I must stop the erosion of our liberties. We have the tools — especially with state and local ballot initiatives available to most of us, allowing us to seize the agenda at the time and on the issue(s) of our choosing.

Liberty Initiative Fund works with Liberty Initiators across the country to hold government accountable, fight crony capitalism and protect our liberties through state and local ballot initiatives. Contributions are not tax deductible, but pack a powerful punch for liberty.

Citizens in Charge and Citizens in Charge Foundation protect the critical initiative and referendum process, so citizen activists can reform government and limit power. Donations to Citizens in Charge Foundation are fully tax-deductible.

The Foundation also supports Common Sense, which I offer the modern inhabitants of America to help keep us focused on the most important problems we face, with intermittent seriousness and humor, as well as uniting active allies from across the country, each pursuing their own issues in their own communities.

Today, I’ll enjoy being with the people I love and I’ll take some time to celebrate the birthright of freedom forged for you and me 240 years ago.

But I won’t pretend that freedom will be there for me or for mine unless together we forge our future freedom anew.

This is Common Sense. I’m Paul Jacob.


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Tom Paine, Thomas Paine, Laurent Dabos

 

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crime and punishment free trade & free markets general freedom nannyism national politics & policies Second Amendment rights too much government U.S. Constitution

What Doesn’t Fly

After the Orlando massacre, isn’t it time to get guns out of the hands of . . . licensed security guards?

Omar Mir Seddique Mateen, who murdered 49 people and wounded 53 others in The Pulse nightclub, worked for the globe’s largest security firm, Britain’s G4S. He passed two background checks conducted by the company.

Mateen’s government credentials included “a Florida state-issued security guard license and a security guard firearms license.” Twice, he was investigated by the FBI, in 2013 and again in 2014, and cleared — investigations closed.

Should we talk about security failures?

Instead, a filibuster by Connecticut Sen. Chris Murphy and a sit-in protest by House Democrats changed the channel to gun control. The Senate voted on four bills that threatened more than the Second Amendment. Our Fifth Amendment rights to due process were also in the sights of crusading Democrats and appeasing Republicans and still are.

Not to mention the Ninth Amendment, freedom to do all manner of things, including travel.

Hillary Clinton says that “if you’re too dangerous to get on a plane, you’re too dangerous to buy a gun.” Yet, the problem comes in government simply declaring someone too dangerous to fly or to buy a gun, without ever publicly bringing a charge — you know, with evidence — much less convicting that person of a crime.

Having a government agent place a name on a secret list doesn’t even approximate due process of law. And, accordingly, doesn’t justify stripping a person of fundamental liberties.

Terrorism is terrifying . . . but not any more so than politicians who, in pursuit of their political agendas, don’t think twice about our freedoms or their constitutional limitations.

It’s not all right.

This is Common Sense. I’m Paul Jacob.


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general freedom media and media people national politics & policies

Why, Journalists, Why?

Complaints about “the mainstream media” are old hat. But that doesn’t mean the complaints have lost validity.

I was struck by this while reading Matt Welch’s warning, at Reason: “Don’t Believe Any Headline Showing Hillary Clinton with a 12-Point Lead over Donald Trump.”

“There is indeed a 51 percent to 39 percent advantage for Clinton over Trump in newly released Washington Post/ABC News poll, conducted from June 20-23,” Welch concedes. “But that same survey also asked the same pool of voters to react to a far more representative ballot, i.e., one that includes Libertarian Party nominee Gary Johnson . . . and the Green Party’s Jill Stein. . . .”

The point is, leaving out Hillary’s and the Donald’s actual competition from poll results — or from poll questions, for that matter — is tantamount to misreporting. It is, in other words, “bad science” and “journalistic malpractice.”

“Clinton has yet to reach 50 percent when her proper competition is included,” Welch explains, “and Trump hasn’t even cracked 40.”

In the latest NBC/Wall Street Journal poll, Mrs. Clinton was reported to enjoy a seven-point lead, but when voters were offered all likely ballot options, including Johnson, the Libertarian, and Stein, the Green, Hillary bettered Donald by only one point: 39-38 percent.

But why would journalists and editors systematically rig the reporting of politics?

Laziness? Covering four candidates is twice as much work as covering two.

Partisan reasons? The Washington press corps has been embedded with R&D operatives for decades.

Whatever the reason, they’ve missed a huge story: the impact of these minor party candidates is major news.

This is Common Sense. I’m Paul Jacob.


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HIllary Clinton, Donald Trump, Gary Johnson, polls, Washington Post, illustration


Photo credit: Brett Weinstein on Flickr

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crime and punishment folly general freedom media and media people national politics & policies too much government

Not Buying a Stairway to Riches

I am not a writer by trade. I don’t make a living off of these daily and weekly writing gigs. I give this stuff away, for free. The donations I ask for are there to cover bandwidth, website expertise, artwork, etc. They don’t cover my contributions.

But that doesn’t disqualify me from my occasional wonder and amazement (and worse) at how intellectual “property” is handled in America.

This week a Los Angeles jury found that the great rock band “Led Zeppelin did not plagiarize the opening chords of the rock epic Stairway to Heaven from the U.S. band Spirit,” the BBC reports. “It said the riff Led Zeppelin was accused of taking from Spirit’s 1967 song Taurus ‘was not intrinsically similar’ to Stairway’s opening.”

So, my surprise, and perhaps yours too, is that a riff, a mere riff, taken from one song and put into another, could be actionable at law. It seems to me that this would be like suing over an essay title (one has no private property rights to your headlines, no matter how original), or clever turn of phrase. Writers copy this stuff all the time. Even more commonly, they inadvertently regurgitate these writerly “riffs” from the far corners of their minds, or even think up these things separately.

But honestly, I didn’t think one could sue over a riff. Riffs and chord progressions vary in originality, but some of the best songs use the same three chords, so there is a lot of apparent “stealing” going on.

Thankfully, the jury wisely knew the difference between What Is and What Should Never Be.

This is Common Sense. I’m Paul Jacob.


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Accountability crime and punishment folly free trade & free markets general freedom ideological culture nannyism national politics & policies

Digs at the Gig Economy

In Texas’s progressive enclave of Austin, the government has regulated Uber and Lyft out of the city.

Massachusset’s uber*-progressive Sen. Elizabeth Warren cautions that the “much-touted virtues”of the “gig economy” that these services represent are actually dark signs of the times, providing workers a false “step in a losing effort to build some economic security in a world where all the benefits are floating to the top 10 percent.”

Vermont’s Sen. Bernie Sanders, the independent candidate for the Democratic Party’s presidential nomination, is also no fan. Why? These services are not regulated.

Sanders’s charge that these person-to-person (P2P) ride-sharing services are “unregulated” is of course the opposite of the truth. They are self-regulated for safety and efficiency in ways that taxi services never were. How much extra value did governments add, with their regulations of the taxicab industry? They just reduced competition and made cabs more expensive.

P2P online cooperation is revolutionary. And “progressives” are stuck in the past, itching to suppress that revolution. “Initially,” writes Jared Meyer in the July issue of Reason, “hostility mostly came from state and municipal governments, at the behest of local special interests.” But as the services became more popular, opposition shifted. To the national Democrats like Sanders, Warren and . . . Hillary Clinton. She promises to “crack down on bosses who exploit employees by misclassifying them as contractors or even steal their wages.”

Par for the course: the Internet provides more opportunity than ever, and all some progressives see are the old socialist fears of “exploitation” and “greed” . . . while they greedily suck up to unions and special interests.

The bright side, Meyer argues, is that they are on the losing side.

This is Common Sense. I’m Paul Jacob.

 

*I guess the pun here is intended. Or not. You choose, P2P style.


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free trade & free markets general freedom too much government

Hysteria, Assassination, and Big Government

The biggest political story of the month? Brexit.

The people of Great Britain will vote, this week, whether to remain in, or exit, the European Union. (Britain+exit=“Brexit,” you see.)

Establishment forces in Britain have engaged in hysterical, hyperbolic overkill, warning of grave disaster were Britain to leave the union. America’s President Barack Obama contributed to this, recently, when he warned that an independent Britain might find itself placed “at the back of the queue” in trade talks.

Tragically, things got more troubling last week when anti-Brexit, pro-union campaigner Jo Cox, a Member of Parliament and prominent Labour Party activist, was brutally slain last week in front of her local library. The man had just left a mental health facility, after requesting help.

At first, major media reported that the killer had shouted “Britain First,” an old patriotic motto as well as the name of a pro-Brexit political party, while shooting and stabbing her. Of the several eyewitnesses to have allegedly testified to this murderous shout, only one is sticking to the story . . . a member of the British Nationalist Party, which is antagonistic to Britain First. Other eyewitnesses deny the story.

Next, both sides promised to cease campaigning, out of good taste. Still, polls fluctuated, while remaining close.

Much of the furor has risen over immigration policy, especially fears about EU laxity towards Muslim refugees.

But the bedrock issue is Big Government. The EU is not effectively controlled by citizens; indeed, membership representation is mostly show, a mockery of republican government.

That is why, if I were British, I’d vote to Brexit.

This is Common Sense. I’m Paul Jacob.


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Accountability crime and punishment general freedom national politics & policies too much government

What Doesn’t Fly

After the Orlando massacre, isn’t it finally time to get guns out of the hands of . . . licensed security guards?

Omar Mir Seddique Mateen, who murdered 49 people and wounded 53 others in the Pulse nightclub, worked for the globe’s largest security firm, Britain’s G4S. He passed two background checks conducted by the company, and his government credentials included “a Florida state-issued security guard license and a security guard firearms license.”

Not to mention that Omar Mateen was twice investigated by the FBI — in 2013 and again in 2014 — and cleared by the agency both times. Though on the terrorist watch list for a while, he was removed from that list after the FBI closed its investigations.

So we need more and tougher background checks? Must the FBI check every gun purchaser three times, is that the charm?

Even if the Feds blocked gun sales to those on the terrorist watch list and the “no-fly” list, it wouldn’t have affected Mateen, for he wasn’t on these lists when he purchased his Sig MCX.

Nevertheless, Connecticut Sen. Chris Murphy led a 14-hour filibuster to bring attention to his gun control legislation . . . that wouldn’t have stopped the Orlando massacre . . . or the shooting in Newtown.

“I will be meeting with the NRA, who has endorsed me,” tweeted Donald Trump, the presumptive GOP presidential nominee, “about not allowing people on the terrorist watch list, or the no fly list, to buy guns.”

If our government ever uses a secret list developed by security agencies to deny citizens their rights, without due legal process, without innocence until proven guilty, we will sorely need our Second Amendment rights.

This is Common Sense. I’m Paul Jacob.


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Omar Mir Seddique Mateen

 

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general freedom ideological culture moral hazard national politics & policies The Draft U.S. Constitution

Equal or Free?

On Tuesday, the Senate voted to force American women, in their early years, to register for the draft.

Just like men have been required to do since 1980.

The White House threatens to veto the bill, though perhaps on other grounds, since the bill also, in the words of Richard Lardner (AP), “authorizes $602 billion in military spending, bars shuttering the prison at Guantanamo Bay, Cuba, and denies the Pentagon’s bid to start a new round of military base closings.”

The Senate’s social conservative ranks made the whole process leading up to the vote difficult for the mainliners, like Sen. John “Maverick” McCain, who is enthusiastic about registering women. Sen. Ted Cruz expressed alarm at the direction “sexual equality” is taking, and didn’t want to see “girls drafted onto the front lines.”

Decades ago, the Supreme Court had nixed a challenge to draft registration on discrimination lines, reasoning that since women weren’t allowed onto the front lines, there was no cause to force them to register for military conscription.

But now there are women in combat positions. So the old ruling no longer applies. If draft registration isn’t expanded to women, it’s likely to be struck down for men.

We have no draft, we are reminded, mere registration — which our government keeps in place mainly to remind men that they may be drafted.

In the House version of the bill, there’s no draft registration amendment. So there will be negotiations. Maybe a compromise can be reached where neither young men nor women face a military draft* or, likewise, signing up for one.

This is Common Sense. I’m Paul Jacob.

 

* For more on why to oppose the draft, see my essay “The Draft Is Slavery” in J. Neil Schulman, The Rainbow Cadenza, pulpless.com edition (1999).


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