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Accountability crime and punishment general freedom ideological culture media and media people moral hazard nannyism national politics & policies responsibility Second Amendment rights too much government U.S. Constitution

Killer Inlaudabilis

On the day that Alexander the Great was born, or so the ancients tell us, a man named Herostratus burned down one of the Seven Wonders of the World, the Temple of Artemis at Ephesus.

Why? Just for the infamy. 

Which is why the Ephesians proscribed mention of the man’s name. That is called a damnatio.* Obviously, that damnatio didn’t stick, for we know his name now. How? Historian Theopompus recorded it for our … edification? Vilification?

I say we should follow Ephesian example and not mention by name the recent Florida school shooter/​murderer of students. There should be a widespread damnatio in the press and blogosphere against the young man. Let’s not to give him his infamy, and not encourage copycats — nor in any way normalize his horrible act.

Is this a “solution” to the problem of school shootings? Probably not. But there may be none — at least nothing sure-fire. 

Yes, a non-​blundering FBI might’ve helped.** But virtue-​signaling/​grandstanding calls for unnamed gun control measures won’t. And treating “mental health” issues more “professionally,” particularly by easing up involuntary commitment law, is probably a recipe for putting away innocent and unpopular people. 

Pre-​crime” is itself criminal.

So, what to do? Maybe it is this: “Notice those around you who seem isolated, and engage them,” as Robert Myers advises. It is loneliness, he argues, that “causes these shooters to lash out. People with solid connections to other people don’t indiscriminately fire guns at strangers.”

But that’s not an after-​the-​fact solution.

This is Common Sense. I’m Paul Jacob.

 

* FYI, the arsonist’s status as an unspeakable person was called inlaudabilis.

** As if to fit an established pattern, the FBI failed to take seriously enough an early citizen-​initiated alert regarding the young man who went on to commit the mass shooting. Prophecy is a tough biz; it is no doubt easier to connect the dots looking back after the fact.


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First Amendment rights free trade & free markets general freedom initiative, referendum, and recall nannyism national politics & policies privacy property rights Second Amendment rights Tenth Amendment federalism too much government U.S. Constitution

Winning Too Much?

“We’re Number 17!!!”

This lacks a certain triumphant note.

It is nothing like the “We’re Number 1!” the Swiss are now hollering as they pump their arms into the air, waving giant #1 foam fingers against the backdrop of snow-​covered Alps. 

Actually, knowing the Swiss, they are probably a bit more restrained. Still, you get the point.

Number 1 in what, you ask? Creamy, delicious chocolate, perhaps? Banking? Skiing?

Freedom.

The Human Freedom Index 2017, jointly published by the institutes Cato, Fraser, and Liberales, is hot off the presses. The report ranks the countries of the world on “personal, civil, and economic freedom.”

This year, Switzerland switched places with Hong Kong, which had come in first the year before. The U.S. moved up from 23rd place in 2016, but down from 2008, when we were challenging Top 10 status at Number 11.

“Weak areas [for the U.S.] include rule of law, size of government, the legal system and property rights,” according to a Cato video.

Let’s compare Switzerland to the United States. The 1848 Swiss Constitution creates 26 sovereign cantons (states), greatly influenced by our system of federalism. In the 20th century, Americans in 26 states and most localities borrowed from the Swiss, establishing a system of direct democratic checks on government — what we call ballot initiatives and referendums.

Both countries have constitutional limits on government, protecting individual rights — even from fully democratic tyranny. But in the freest nation in the world, Switzerland, citizens possess a powerful direct democratic check on their government at all levels … while we do not.

After all, we’re Number 17.

This is Common Sense. I’m Paul Jacob.


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crime and punishment general freedom ideological culture moral hazard nannyism national politics & policies Second Amendment rights too much government U.S. Constitution

The Good vs. Freedom?

Politicians regularly argue for new “gun control” laws, even while ignoring the execution and enforcement of laws already on the books. 

Exhibit A, as I wrote at Townhall​.com yesterday, is the failure of the military to provide the FBI with the information that would have blocked the Sutherland Springs church shooter from getting his guns. 

Meanwhile, in the Washington Post’s Outlook section, Elizabeth Bruenig takes a more … philosophical perspective. She contends that “Western thought moved from seeing freedom as a means to an end — what philosophers call ‘the good’ — to seeing freedom as an end in itself. Thanks to our liberal heritage, we regard freedom as an intrinsic good, perhaps the highest one of all. The more of it we can get, the better off we are. Right?”

Right!

But Bruenig’s answer isn’t in the affirmative. 

Instead, she points to Vatican elections during the Middle Ages in which “canon law enshrined the right of eligible individuals to cast their votes. But their choices … could simply be overturned [by church officials]. Freedom mattered, in other words, but was always subordinate to the highest good, which could sometimes place limits on liberty.”

Ah, the Post advises us to embrace the Middle Ages … just so our freedom doesn’t get out-of-hand. 

Bruenig also thinks that “we largely lack the framework to ask what gun ownership is for.…”

Huh? The Second Amendment answers that gun ownership is “necessary to the security of a free state.” 

In terms of both scholarship and insight, the Founders’ constitutionalism far outshines the Post’s shiny new neo-medievalism.

This is Common Sense. I’m Paul Jacob.


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Accountability crime and punishment general freedom moral hazard nannyism national politics & policies Second Amendment rights too much government U.S. Constitution

Government Control

When do we say enough is enough?” asked California Senator Kamala Harris after Devon Patrick Kelley murdered 26 churchgoing Texans in cold blood, last Sunday.

“The terrifying fact is that no one is safe so long as Congress chooses to do absolutely nothing in the face of this epidemic,” argued Connecticut Senator Chris Murphy.

President Trump, on the other hand, not only pointed out that criminals will violate gun laws to acquire weapons, he speculated that had Stephen Willeford, the former National Rifle Association instructor, not come upon the scene, armed, “instead of having 26 dead, you would have had hundreds more dead.”

After previous mass shootings, Democrats pushed legislation that, even if it had been the law, would not have prevented that particular killer from obtaining the weapons. This time it’s different, since the killer should not, by current law, have been allowed to purchase the firearms he used. Kelley’s conviction for domestic violence, while serving in the Air Force, disqualified him.* 

But the Air Force did not do its job, failing to report his record to the FBI. So the background check found … nothing. 

The Pentagon has known for at least two decades about failures to give military criminal history information to the FBI,” the Associated Press informed, “including the type of information the Air Force didn’t report about the Texas church gunman. …”

The Obama administration, through its command of the military, failed to execute the law designed to keep guns out of dangerous hands. And it sounds like this failure dates back to Bush and Clinton days. 

Where does the buck stop?

We don’t need gun control; we need government control. 

This is Common Sense. I’m Paul Jacob.

 

* Note also that the murderer, as Ben Shapiro recounted at National Review: “escaped from a mental institution in 2012, threatened his superior officers and attempted to smuggle weapons onto a military base to carry out those threats, cracked the skull of his infant stepson, beat his wife, abused a dog.”


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crime and punishment ideological culture judiciary national politics & policies Second Amendment rights Tenth Amendment federalism term limits U.S. Constitution

Perry Mason for the Court

Legend has it that a juror once ran up to attorney Neil Gorsuch, after Gorsuch won a case proving a gravel pit owner had been cheated, declaring, “You’re Perry Mason.”

These days, Gorsuch sits on the Tenth Circuit Court of Appeals, and is President Donald Trump’s nominee for the late Justice Scalia’s seat on the nation’s highest court.

And now Gorsuch is receiving testimonials worthy of the indefatigable TV lawyer.

Brad Smith, the chairman of the Center for Competitive Politics, expressed his pleasure “that President Trump has nominated someone who will defend a robust First Amendment.”

Ballot access expert Richard Winger noted that Gorsuch has a “good record in cases involving independent candidates and minor parties.”

“I am hard-​pressed to think of one thing President Trump has done right in the last 11 days since his inauguration,” wrote Neal Katyal in the New York Times. “Until Tuesday,” continued the Georgetown law professor, “when he nominated an extraordinary judge and man, Neil Gorsuch, to be a justice on the Supreme Court.”

Katyal, who had served as an acting solicitor general in the Obama administration, added that Gorsuch’s record of holding government officials accountable “should give the American people confidence that he will not compromise principle to favor the president who appointed him.”*

Even I have pertinent testimony: back in 1992, Gorsuch argued (in a co-​authored Cato Institute paper) that term limits were “constitutionally permissible” as “institutional constraints on the power of government” that “the Framers,” if alive today, would likely see as “necessary preconditions for liberty.”

No, Gorsuch is not actually Perry Mason — I never knew where Perry stood on term limits.

This is Common Sense. I’m Paul Jacob.

 

* On Reason’s Hit & Run blog, Damon Root strongly agreed.


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crime and punishment general freedom ideological culture media and media people Second Amendment rights

The Truth About Gun Control

Confucius said that our first task is to “rectify the language.”

That amounts to word control, but we probably should not take that too literally. We cannot “control the language.” Instead, we should take caution: error often rests upon improper word choice.

Take as an example not word control, but …

Gun control.

Which, Thomas Sowell reminds us, isn’t what it seems to be. “The fatal fallacy of gun-​control laws in general is the assumption that such laws actually control guns,” Sowell wrote on the first day of winter. “What such laws actually do is increase the number of disarmed and defenseless victims.”

A new wisdom? No. Sowell, in 2016, is disabusing The New York Times for its inanities regarding the bearing of arms. In 1925, H. L. Mencken took on The Nation.

Gun control, Mencken wrote, “would not take pistols out of the hands of rogues and fools; it would simply take them out of the hands of honest men.”

Sowell argues that, no matter how irrational spree and mass murderers may seem, they “are usually rational enough to attack schools, churches, and other places where there is far less likelihood of someone being on the scene who is armed.”

Mencken noted that the gunman of his day “has great advantages everywhere. He has artillery in his pocket, and he may assume that, in the large cities, at least two-​thirds of his prospective victims are unarmed. But if the Nation’s proposed law (or amendment) were passed and enforced, he could assume safely that all of them were unarmed.”

Maybe, following Confucius*, we should call laws against concealed carry not “gun control” but “citizen disarmament.”

This is Common Sense. I’m Paul Jacob.

* “Confucius” is the Western name for Kong Qui (551 – 479 B.C.E.), the great Chinese sage. He was often referred to by the honorific Kong Fuzi, meaning “Grand Master Kong,” which Jesuit missionaries to China in the 16th-​century Latinized to “Confucius.”


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