Category: general freedom

The Right to Ignore Leviathan

Post author By CS Admin
Post date May 15, 2015
6 Comments on The Right to Ignore Leviathan

Charles Murray, author of Losing Ground and other controversial books, has a suggestion. For business people. Pillars of the community. Fine, upstanding citizens.

Civil disobedience.

He’s suggesting, says John Stossel, that we ignore the parts of government that don’t make any sense, all the nonsense in the big books of the regulatory state.

Murray’s done this in his latest, intriguingly titled book, By the People: Rebuilding Liberty Without Permission. Stossel discusses it on reason.com:

Murray says, correctly, that no ordinary human being — not even a team of lawyers — can ever be sure how to obey the 810 pages of the Sarbanes-Oxley Act, 1,024 pages of the Affordable Care Act or 2,300 pages of Dodd-Frank.

What if we all stopped trying? The government can’t put everyone in jail.

This is a provocative idea, even if not new.

Henry David Thoreau spent a night in jail for not paying the poll tax, a tax that helped pay for the Mexican war he so despised (and was right to despise). Thoreau eloquently argued for civil disobedience in such cases; Herbert Spencer did something similar, in his 1851 Social Statics, with the chapter “The Right to Ignore the State.”

It is a risky tactic, of course. Thoreau was, after all, incarcerated for that night. You could wind up spending more time in the hoosegow.

Still, it could be worth it. Civil disobedience has good effects. Stossel cites “historian Thaddeus Russell [who] reminds us that many freedoms we take for granted exist not because the government graciously granted liberties to us but because of lawbreakers.”

It’s another path for citizen-initiated reform.

And it’s Common Sense. I’m Paul Jacob.

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Tags Charles Murray, civil disobedience, Dodd-Frank, law, laws, Losing Ground

crime and punishment general freedom government transparency judiciary national politics & policies

Court Vindicates Snowden

Sometimes if you postpone something long enough, someone else will do the job.

Last week, when the U.S. Court of Appeals for the Second Circuit ruled the National Security Agency’s metadata collection program unlawful, I immediately saw it as a vindication of Edward Snowden and his “illegal” leaks.

It will be hard to charge the man with treason for uncovering programs that have been determined, in court, to be themselves treasonous — or at least unconstitutional.

But I was busy last week; didn’t have time to make the case.

Nicely, Noah Feldman made it for me, at Bloomberg View. “This is the most serious blow to date,” writes Feldman in his May 7 article, a blow against “the legacy of the USA Patriot Act and the surveillance overreach that followed 9/11.”

The linkage with Snowden is in no way an imposition on the story:

The first striking thing about the court’s opinion was how openly it relied on Snowden’s revelations of classified material. The court described how the program was known — by Snowden’s leaks. It also analyzed the NSA order to Verizon, leaked by Snowden, that proved the existence of the program and revealed indirectly the legal reasoning that the government relied on to authorize the metadata collection.

More importantly, Feldman recognizes that the decision rightly breaks “the bad precedent of secret law created by the NSA.”

A republic isn’t a republic if its laws are secret.

Now, of course, it’s time for Americans to cease their procrastination. If we don’t recognize that our government is out of control, no one else’s determination will matter.

Except, perhaps, history’s.

This is Common Sense. I’m Paul Jacob.

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Tags Edward Snowden, law, treason, whistle-blower

Common Sense crime and punishment general freedom

Atrocious “Justice”

This week I traveled to South Dakota to release an 18-page report on Attorney General Marty Jackley’s prosecution of Dr. Annette Bosworth. In less than two weeks, Bosworth goes on trial facing 12 felony counts carrying a maximum penalty of 24 years in prison and $48,000 in fines.

From my research, that’s the most severe penalty any American has ever faced on a petition-related charge. Conversely, the transgressions alleged against Dr. Bosworth are arguably the least sinister ever prosecuted.

She had made available, at her office, petitions to place her name on last year’s GOP primary ballot . . . for patients and visitors to sign. During that time, the doctor traveled on a medical mission of mercy to typhoon-devastated Philippines. While she was gone, 37 people — including her sister — signed those nominating petitions.

When Dr. Bosworth returned and the petition period came to a close, she signed as the circulator of those six petitions. But the circulator statement reads that she witnessed each signature being affixed.

So Attorney General Jackley charged her with six felony counts of filing a false document and another six for perjury.

While I empathize with Bosworth’s situation, my report was focused on the impact such an over-the-top prosecution has on the people of “the other Sunshine State” — the woman considering a run for public office or the fellow thinking about gathering signatures.

Our election system should be open and welcoming. Not frightening.

Petition rules must be enforced. But consistently, in a non-partisan and reasonable way — not by coming down in a draconian, disproportionate fashion.

And not singling out someone the AG just happens to have been at odds with personally and professionally for years.

“AG” ought not stand for “Atrocity Generator.”

This is Common Sense. I’m Paul Jacob.

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Tags Dr. Annette Bosworth, election laws, Judicial Watch, petition, petition process

general freedom nannyism too much government

Wealth Versus Disaster

Poverty kills.

In “The Tragedy of Nepal,” aerospace engineer Rand Simberg explains why industry-deniers striving to block economic progress in the name of blocking “climate change” do no favor to the poorest countries of the world.

Human beings cannot prevent disasters like the earthquake that recently struck Nepal. We can, though, mitigate their destructiveness . . . by being as economically free as possible and, therefore, as rich as possible.

And thus able to afford more durable — even antifragile — structures and infrastructure.

The same capital-intensive achievements that protect us when Mother Nature is quiescent also protect us when she’s at her worst. Buildings are more likely to withstand a quake when constructed of the best possible materials and designs. But the most robust safeguards can be the norm only when we are free and wealthy enough to engage in the industrial processes required to produce them.

This is a familiar point. But it bears repeating because it is not familiar enough to discourage foes of a vague threat called “climate change” — nothing new in earth’s history — from also ranging themselves against industrial production.

Industry-deniers assert that we can manipulate climate trends for the better if only we radically curb our carbon-emitting impact on the atmosphere. But attempts to enact this fantasy will only make it ever harder to grapple with vagaries of nature commonplace long before the rise of civilizations.

Human survival requires the opposite policy. It requires full freedom to build nature-transforming industries — and buildings, and all the other man-made bulwarks of our lives and future.

This is Common Sense. I’m Paul Jacob.

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Tags antifragile, climate change, earthquake, industry, Nepal

Common Sense crime and punishment general freedom individual achievement responsibility

Resist Criminal Attacks

Are you ever too old to stop a mugger? Not if your mobility scooter is ready to go.

This conclusion is informed by the example of 92-year-old Eileen Mason, who was with her 75-year-old friend, Margaret Seabrook, when a mugger tried to make off with the contents of a scooter basket.

The two British great-grandmothers were returning from a lunch club in Wiltshire as the thief approached and targeted the older of the two.

When he grabbed Eileen Mason’s arm and reached for the bag, she shouted “Oh no you don’t” — at her maximum volume.

“I put my scooter into accelerate and turned really fast,” she told the UK Telegraph. “The next thing I know he was on the floor. I thought ‘my gosh.’ Something in me just told me to turn so I squeezed the accelerator and turned and he went flying. He was so evil looking.”

If you like this story, don’t miss the ones about the grandma who used a handbag to stop a jewel-store robbery, or the grandma who trapped a burglar in a shed.

Margaret Seabrook says they want their experience to teach people “not [to] leave things on display in their baskets. . . .”

That’s one lesson — don’t make yourself an unnecessarily tempting target. But the other thing is be prepared . . . to defend and evade.

If somebody is gearing up to rob you, be ready to stop him. At least, if you can do so without too much risk to life, limb, or liberty.

Thanks, ladies.

This is Common Sense. I’m Paul Jacob.

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Tags crime, defense, law, responsibility

crime and punishment folly general freedom too much government

Police State Blues

No reason anymore to even feign surprise at today’s police state insanities.

At Townhall yesterday, I bemoaned the six-hour kidnapping of a 10-year-old Maryland boy and his 6-year-old sister for the terrible crime of peacefully walking home from a public park. The children were grabbed just a couple blocks from their home . . .

. . . by police, who held them for over two hours before handing them to Montgomery County Child Protective Services.

It was hours before anyone contacted the panicked parents.

There’s no law prohibiting kids from walking down a public street, but bureaucrats are threatening this poor family over just that.

So, I guess we shouldn’t be shocked that when an 11-year-old boy disagrees with what he’s being taught in school about marijuana, and explains that his mother has used cannabis oil to treat her Crohn’s disease and his mother is not a criminal, (a) he’s going to be detained and grilled by authorities and (b) his mother may soon become a criminal.

A raid on Shonda Banda’s home indeed turned up two ounces of cannabis oil. Ms. Banda could be facing felony drug charges in Kansas, where she now lives, but she used to live in Colorado, where her use of cannabis oil would be legal.

The Washington Post’s Radley Balko identifies the absurdity: “a woman could lose her custody of her child for therapeutically using a drug that’s legal for recreational use an hour to the west.”

Today she has a custody hearing over her son.

The state “protection” being afforded the children in both of these cases isn’t protecting them. It’s terrorizing them.

This is Common Sense. I’m Paul Jacob.

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Tags children, freedom, police, police abuse

general freedom ideological culture media and media people Second Amendment rights

Times Misfires

Time to revise the Times’s motto? Should “all the news that’s fit to print” read “misprint” instead?

Maybe, after the New York Times’s latest editorial snafu, charging the NRA with hypocrisy for banning arms-bearing at its April convention.

According to the editorial, “none of” the attendees were allowed to “come armed with guns that can actually shoot. After all the N.R.A. propaganda about how ‘good guys with guns’ are needed to be on guard across American life . . . the weekend’s gathering of disarmed conventioneers seems the ultimate in hypocrisy. . . . So far, there has been none of the familiar complaint about infringing supposedly sacrosanct Second Amendment. . . .”

But after first hitting print, the text has changed. It was too quickly and conspicuously confirmed that “anyone with a permit valid in Tennessee can ‘come armed [to the convention] with guns that actually shoot,” that “the NRA had no problem with gun owners with the proper gun permits bringing their weapons inside.”

So the Times editorial was edited after initial publication, nixing the reference to “the ultimate in hypocrisy.” The revised online editorial now merely professes dismay that guns won’t be allowed in one of the convention venues . . . but doesn’t mention that this is because of the policy of that particular venue, not the NRA’s.

The editorial still complains that nobody is complaining about alleged Second Amendment infringement no longer attributable to the NRA. Whose alleged hypocrisy was the Times’s original point.

It’s like somebody’s shooting at random and just hoping to hit something.

This is Common Sense. (I mean this, not the Times editorial, is Common Sense.) I’m Paul Jacob.

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Tags media, media bias, New York Times, Second Amendment rights

general freedom government transparency tax policy

Latest Learned About Lois Lerner

Post author By CS Admin
Post date April 15, 2015
2 Comments on Latest Learned About Lois Lerner

Lois Lerner, IRS, collage, photomontage, puzzle, investigation, illustration, editorial, abuse, law, foundations, harassment,

Is it time to spell out the IRS as the Internal Revenue Scandal?

The IRS has so many scandals under its belt.

But the biggest, from a broad, threat-to-the-republic point of view, surely remains the agency’s targeting of Tea Party and conservative organizations seeking 501c(3) and 501c(4) nonprofit status. Agents ideologically tagged their applications for special obstruction in the run-up to the 2012 presidential campaign. And after.

I don’t bother Googling to get my IRS-scandal updates, I just visit the indefatigable Paul Caron’s TaxProf Blog. Day in, day out, for the past 700+ days and counting, TaxProf has aggregated all the latest reportage and analysis about this abuse of power.

Lois Lerner — former head of the IRS’s stomp-conservative-nonprofit-applicants division — has both declared herself innocent of any wrongdoing and asserted her Fifth Amendment right not to incriminate herself.

But evidence is piling up of her actual attitudes and what-she-knew-when.

TaxProf points to an email by Lerner from way back in February of 2012 in which she advocates training for IRS staffers in the fine art of “understand[ing] the potential pitfalls” of providing too much information to Congress. A 2013 email by Lerner states that she can understand “why the IRS criteria” leading to the targeting of Tea Party and other groups “might raise some questions.”

The documents are out in the wild now, thanks to Judicial Watch’s Freedom of Information Act requests. JW has been relentless in trying to hold the IRS accountable.

Which has to be one of the very toughest jobs on earth.

This is Common Sense. I’m Paul Jacob.

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Tags income tax, Lois Lerner, tax

Common Sense general freedom national politics & policies political challengers

Defeat the Machine

Standing with Rand, as Sen. Rand Paul (R-Ky.) announced yesterday his candidacy for the U.S. Presidency? A banner: “Defeat the Washington Machine — Unleash the American Dream.”

I know and like Rand, both personally and politically. I love that message.

Yet, today, I come not to praise Dr. Paul but to use him as an example about political reality, nuts and bolts.

Like Jeb Bush and Hillary Clinton, Dr. Paul inherited a tremendous leg up in politics. All three have access to extensive networks of supporters and funding. But, “they didn’t build” those networks, not in toto. They are standing on the efforts of family members — a husband in Hillary’s case; parents for Paul and Bush, plus a Bush brother president.

The Kentucky senator’s father, Dr. Ron Paul, served 23 years representing a Houston, Texas, U.S. House district and ran for president three times.

I’m not whining. And I’m certainly not proposing a new area for the Federal Election Commission (FEC) to police. I’m glad, frankly, for Rand’s parental good fortune. (Mother, too.)

I am simply identifying the built-in advantages that come with holding political power . . . and the potential danger it unleashes: an entrenched, unaccountable, unrepresentative government.

Like we have.

The solution to powerful political dynasties? More competition. More participation. More activity and organizing, more money raised and spent and more messages expressed. Fewer limits and regulations blocking fundraising.

Easier entry into the political marketplace of ideas.

Is that what the IRS and the FEC have been working toward? Facilitating our opportunity to “Defeat the Washington Machine”?

Be that the case, or no, I’m happy to note that Rand Paul, in his kick-off, endorsed term limits.

This is Common Sense. I’m Paul Jacob.

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Tags 2016 Presidential race, election, presidential term limits, Rand Paul, Ron Paul

general freedom national politics & policies tax policy

The Taker’s Gift

Say a mugger robs Ed instead of you. Has the mugger given you a present of your stuff by not taking it? Is his non-taking a “giveaway”?

No. If you possess something you have honestly earned, it is yours by right, not as a special gift from each person who abstains from relieving you of it.

Why is this not just as true when the prospective stuff-taker is a government?

Whatever case may be made for taxing you to fund a governmental goal, the state is not “giving” you whatever part of your wealth it lets you keep.

Yet this is the claim that partisans of big government repeatedly make. They apparently aim to undermine any hint of willingness to let us keep more of what belongs to us.

We see it again in the context of President Obama’s recent attacks on the plan of some Republicans to do away with estate taxes, the notorious “death taxes.” This tax relief would allegedly be a “giveaway” to those who have worked most successfully to earn something worth leaving to people they care about. It would also allegedly “deprive” non-recipients of some government handout no longer fundable because of the tax cut.

Being taxed less is always about keeping more of your own money and being able to spend it as you wish, including on heirs.

That’s a feature of tax cuts — not a bug.

This is Common Sense. I’m Paul Jacob.

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Tags death tax, estate tax, over-taxation