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crime and punishment general freedom moral hazard national politics & policies The Draft too much government U.S. Constitution

Junk the Law

Would your favorite presidential candidate force women to register for the military draft?

A federal court case, National Coalition for Men v. Selective Service System, is bouncing around the Ninth Circuit. It challenges the male-only draft registration program as discriminatory against men.

Thirty-five years ago, when yours truly was fighting the draft, the U.S. Supreme Court upheld a male-only program because women were then barred from combat. Now the All-Volunteer Force has opened all military fields to women, including combat roles. It follows that the federal courts will likely strike down male-only registration.

What will Congress do? What will the next commander-in-chief advocate? Allow the program to end — or mandate that both young men and young women register?

Hillary Clinton answered this question in 2008, during her first run for the presidency: yes, register women for the military draft.

What about the other presidential hopefuls?

Back in 1980, then-candidate Ronald Reagan pledged to end it, saying that conscription (and registration for it) “destroys the very values our society is committed to defending.”

Sadly, President Reagan continued draft registration, prosecuting me and others.

“The question is nothing less, than whether the most essential rights of personal liberty shall be surrendered,” the great Daniel Webster railed against conscription, “and despotism embraced in its worst form.”

Men and women have an equal right to freedom — not conscription. Free people will always volunteer to defend their country.

This is Common Sense. I’m Paul Jacob.


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Accountability folly ideological culture moral hazard nannyism national politics & policies too much government

Bernie’s Bogus “Medicare for All”

Bernie Sanders promises universal health care, but, up until the other day, just waved his hands in the air, without specifics. Now he has a plan.

Sort of.

Ezra Klein, writing at Vox, says Sanders’s “Medicare for All” is not a plan at all. It’s a “gesture towards a future plan.”

But that doesn’t mean that the thing isn’t “well sold.”

After praising the Obamacare/Affordable Health Care Act for giving “health insurance” to more than 17 million people, the preamble of Sanders’s proposal made its most predictable statement: “Twenty-nine million Americans today still do not have health insurance and millions more are underinsured and cannot afford the high copayments and deductibles charged by private health insurance companies that put profits before people.”

Forget that deductibles are integral to the very idea of insurance. Forget that profits are absolutely necessary for the success of an industry. Forget that profits come from serving people.

Remember, instead, the leftist clichés.

Sanders’s plan, such as it is, is a lie — or, in Klein’s phrasing, “has nothing to do with Medicare.” Sanders aims to get rid of deductibles and copays, on which Medicare depends. It’s what makes Medicare distinct from, say, socialized medicine.

Insurance covers individually unforeseeable but actuarially manageable risks. Socialized medicine gets rid of the idea of “payment for service” on every level — and thus the very idea of insurance — and turns the whole thing over into a tax-and-spend program, i.e., what Sanders really wants.

That won’t be cheap, as Megan McArdle demonstrated some time back during the Vermont “single payer” kerfuffle.

The only option for increasing value while lowering prices? Go the opposite direction from socialism.

This is Common Sense. I’m Paul Jacob.


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Accountability general freedom moral hazard national politics & policies political challengers responsibility tax policy

Bankrupt Leadership

Sen. Rand Paul wasn’t the only thing absent from the GOP presidential stage last Thursday.

Also missing? Any meaningful talk about reducing federal spending and avoiding a sovereign debt crisis. The debt looms over all our heads. But you wouldn’t know it to listen to the GOP hopefuls. (And the same nearly goes without saying for the Democratic Party’s debt-denying presidential aspirants.)

Way back when the Bush Administration had lost America’s confidence, deficits and debts were a common concern. Much of the disgust that birthed the Tea Party movement was disgust at Republican over-spending, as well as at the bailouts that spurred the initial protests. And then came Obama, Obamacare, and a 70 percent increase in federal debt.

Why the silence now?

Nick Gillespie, of Reason, figures that Republicans don’t really care about deficits and debts.

Andrew Flowers, of FiveThirtyEightPolitics, wonders whether the GOP has abandoned the issue because Republicans don’t want to face the fact that Obama has, indeed, reduced deficits — though definitely not the debt, which has nearly doubled.

Alternative theory? Republicans have given up hope, because the last two Democratic presidents, Bill Clinton and Barack Obama, have successfully threatened government shutdown over even the itty bittiest spending cut, safe in the knowledge that the mainstream media’s full spin-cycle will be blaming conservatives.

This has made it easier for Big Government Republicans to embrace greater military funding and other spending programs, as Gillespie notes.

But real leadership recognizes the present danger of debt.

This is Common Sense. I’m Paul Jacob.


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Accountability crime and punishment folly general freedom moral hazard national politics & policies U.S. Constitution

Forfeiting Forfeiture

“The Department of Justice announced [last] week that it’s suspending a controversial program that allows local police departments to keep a large portion of assets seized from citizens under federal law and funnel it into their own coffers,” reports the Washington Post.

The Feds call the paused program “equitable sharing”; as I explained last month, I call it “equitable stealing.”

Even when state and local laws prohibit it, local police have been using this federal program to continue taking people’s money and property without ever convicting them of a crime.

The loophole? They split the loot with the Feds.

Now that has ended. According to the Post, this is the result of “budget cuts” in the recently passed omnibus spending bill; the Wall Street Journal calls it a “reallocation of funds.”

Either way, Happy Holidays!

Yet, sadly, the return to freedom, justice and the American Way may be short-lived.

“The Department does not take this step lightly,” wrote M. Kendall Day, the chief of DOJ’s Asset Forfeiture and Money Laundering Section. “We explored every conceivable option that would have enabled us to preserve some form of meaningful equitable sharing. . . .”

In his letter, he proclaiming a commitment to the principle of guilty-until-proven-innocent and to grabbing people’s stuff, telling state and local and tribal police departments, “We will take all appropriate and necessary measures to minimize the impact of the rescission and reinstate sharing distributions as soon as practical and financially feasible.”

As the Wall Street Journal editorialized, “Congress should make sure that never happens.”

Of course, Congress will likely need a mighty nudge from us.

This is Common Sense. I’m Paul Jacob.


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Accountability folly free trade & free markets general freedom ideological culture moral hazard national politics & policies too much government

Collateral Damage Defines Socialist B.S.

Senator Bernie Sanders gave us a big present last week. In one simple “tweet” he warbled out the essence of his socialism: “You have families out there paying 6, 8, 10 percent on student debt but you can refinance your homes at 3 percent. What sense is that?”

That’s what he broadcast. That’s what this self-proclaimed socialist wrote — or allowed his staff to write — on his official Twitter account, @SenSanders.

And it is not as if he had the excuse of haste. He was repeating a thought from his presidential campaign account in September: “It makes no sense that students and their parents pay higher interest rates for college than they pay for car loans or housing mortgages.”

To the earlier post, Twitter erupted in criticism. The gist? Have you never heard of collateral, sir?

Lenders can charge less on secured loans because, in case of default, the recourse is to take the collateral, the car or house, thereby recouping the loss.

But an unsecured loan? Well, by law one cannot easily slough off student loans — but one can simply not pay, or pay late. Hence the higher rates.

From its beginnings, socialism — and progressivism and Fabianism and fascism and social democracy, following — has been fueled by complaints about markets.

Without showing any understanding of the logic of markets.

Which is why, when put into practice, socialistic and interventionist programs produce such great amounts of negative collateral effects. Socialism is the philosophy of good intentions that yields collateral damage worse than the problems meant to be solved.

Oh, Bernie Sanders! Your initials say so much.

This is Common Sense. I’m Paul Jacob.


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folly free trade & free markets general freedom ideological culture moral hazard nannyism national politics & policies property rights responsibility

Climate Changelings

Worried that the world is going to sacrifice progress for the mess of pottage that is “global climate change”?

Don’t. Years ago, economists specializing in game theory recognized that the governments of the world would be extremely unlikely to agree to reduce carbon dioxide emissions. The incentives are all wrong for that.

Last month, the great debunker of junk climate science, Patrick Michaels, reporting on the recent Paris talks, concurred. The international agreement going forward is so worded as to be “free to be meaningless.” Countries can claim to be “doing something,” but effectively accomplish nothing. Which allows “the world’s largest emitter (China) and the third-largest one (India)” to balk.

But the ole USA? It is doing something . . .

and it’s going to cost. Here’s one reason: Under Obama’s Clean Power Plan, substitution of natural gas for coal in electrical generation isn’t going to increase, even though it produces only half the carbon dioxide per kilowatt of electricity as coal. Instead, his EPA says power companies have to substitute unreliable, expensive “renewables,” mainly solar energy and wind. These are mighty expensive compared with new natural-gas power. And even the Clean Power Plan won’t meet our Paris target.

Obviously, what we have to worry about are our martyrdom-prone environmental zealots and their power-hungry (political power-hungry) friends ensconced in government.

They just can’t leave well enough alone, for, as Michaels notes, even CO2 emissions improve with industrial progress — when markets are free and property rights established.

But anti-capitalists in and out of government don’t want improvements to come naturally. Apparently, they would rather make things worse even by their own standards than let markets work.

This is Common Sense. I’m Paul Jacob.


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Government Burglars

If you try to compare those police who take people’s money and property through civil asset forfeiture laws to burglars, who rob folks in more traditional ways, you are just not being fair.

To the burglars.

The Institute for Justice recently released an updated Policing for Profit report showing that federal asset forfeiture topped $5 billion in 2014. The FBI disclosed that in that same year $3.5 billion of value was lost in burglaries.

Then, folks did the math.

Steven Greenhut’s piece at reason.com was headlined, “Cops Now Take More Than Robbers.”

At The Washington Post Wonkblog, Christopher Ingraham explained there was an especially big haul in seized assets in 2014, including $1.7 billion from Bernie Madoff. Moreover, the dollar figure for burglary doesn’t include larceny, motor vehicle theft, etc. All such theft combined totaled more than $12 billion that year.

So, law enforcement isn’t stealing quite as much from citizens as the criminals they are supposed to be protecting us from are. Sort of a backhanded compliment, though.

Recent polling finds more than 70 percent of Americans opposed to seizing assets without a criminal conviction, i.e. innocent until proven guilty, but taking cash and cars and stuff from folks never charged with or convicted of a crime has become a big business for “our” government.

When legislation to mildly reform civil forfeiture failed recently in California, Mr. Greenhut called legislators’ votes “about money, not justice.” Ferocious lobbying by the California District Attorneys Association and the California Police Chiefs warned money-grubbing legislators that budgets would take an $80 to $100 million hit.

Theft is apparently quite lucrative. Who knew?

This is Common Sense. I’m Paul Jacob.


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Equitable Stealing?

Is freedom a simple matter of drafting a lofty document about respecting the rights of citizens?

Alas, no.

Our Constitution does that, as does Turkey’s and, for that matter, so did the now-defunct Soviet Constitution. Obviously, vigilance is also required. Keeping powerful government agencies respectful of the law — our liberties — and, when not, fully accountable for transgressions, is crucial.

That necessary vigilance is lacking here in America, today.

Your local police — the guys and gals who might respond if, heaven forbid, your home were broken into, or come upon your spouse broken down on a dark, rainy highway — are being encouraged to take people’s stuff . . . for “profit.”

It’s called civil asset forfeiture. This “legal” ability to stop people and snatch their money (or car or what-have-you) without ever charging anyone with a crime forces victims to hire a lawyer to sue the government to prove their stuff is innocent.

Last Friday, I heralded a new Institute for Justice report on the growth of this dangerous practice of official police thievery. At Townhall on Sunday, I pointed out that even when reforms are enacted at the state and local level, federal law enforcement still facilitates civil forfeiture. The Feds encourage locals to continue taking stuff through a federal program known as “equitable stealing.”

No, my bad, it’s actually called “equitable sharing.”

But it’s the same thing, just with the Feds and locals splitting the loot.

We need new laws at the federal, state and local level that abolish forfeiture without a criminal conviction. If our “leaders” won’t act, we can petition at the local level to end this pernicious policy, forbidding any involvement with the Feds.

This is Common Sense. I’m Paul Jacob.


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Our Innocent Stuff

The Institute for Justice’s new report, Policing for Profit: The Abuse of Civil Asset Forfeiture, details a “big and growing problem” that “threatens basic rights to property and due process.”

Through both criminal and civil forfeiture laws, governments can seize property used in — or the proceeds of — a crime. Criminal forfeiture requires that a person be charged and convicted of a crime to transfer title to government. Civil forfeiture, on the other hand, allows governments to take people’s stuff without being convicted — or even charged — with a crime.

No surprise that 87 percent of asset forfeiture is now civil, only 13 percent criminal. And governments are grabbing more and more. The federal financial take has grown ten-fold since 2001.

“Every year,” IJ’s researchers document, “police and prosecutors across the United States take hundreds of millions of dollars in cash, cars, homes and other property — regardless of the owners’ guilt or innocence.” Then, the innocent victim must sue the government to have his or her stuff returned.

Incentive to steal? “In most places, cash and property taken boost the budgets of the very police agencies and prosecutor’s offices that took it,” an accompanying IJ video explains.

IJ’s report concludes that, “Short of ending civil forfeiture altogether, at least five reforms can increase protections for property owners and improve transparency.” Those five reforms are improvements, sure, but let’s end civil forfeiture completely.

It’s the principle!

Two principles, actually.

Civil forfeiture laws pretend law enforcement is taking action against our property, and that our property has no rights. But what about our property rights!

We’re innocent until proven guilty, too . . . and so is our stuff.

This is Common Sense. I’m Paul Jacob.


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A More Perfect Turkey

Let’s talk Turkey. Not the bird, the country. America has fallen behind in yet another category: preposterous promises by politicians.

It’s becoming clear that Bernie Sanders, Vermont’s independent “democratic socialist” U.S. Senator and now Democratic Party presidential contender, is a piker, a penny pincher, a cheapskate, a tightwad, a Scrooge. At least, by comparison.

It’s one thing to promise free stuff — say, zero-priced college for everyone! — but is the generous senator willing to give entrepreneurs $100,000 to start a business?

Turkish Prime Minister Ahmet Davutoğlu is.

Well, 100,000 Liras anyway.

In the run-up to Sunday’s Turkish election, the fearless leader of the Justice and Development Party announced his plan to subsidize new businesses.

And so much more. And why not? “Once you have a job, salary and food. What is left?” Davutoğlu rhetorically asked last week, answering, “A wife.” He told male citizens: “first consult your parents and, God willing, they will find you a suitable one. If they don’t, you can come to us.”

Meanwhile, no U.S. candidate proposes any government support whatsoever for men seeking wives. Or women seeking husbands . . . or wives. Or men seeking husbands. Etcetera.

No dating subsidy, either, or help with high wedding costs — not even a Costanza regulation to protect brides from the dangers of deadly wedding invitation envelopes.

Of course, government big enough to give folks everything they desire is also big enough to take everything — including free speech — away. This week, Turkish police stormed two “opposition” TV stations taking them off the air days before the vote.

That could never happen here, though . . . could it?

This is Common Sense. I’m Paul Jacob.


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