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Accountability folly general freedom ideological culture media and media people moral hazard responsibility

Too Big for Breaches

“Any reporter who has covered Europe in the last decade has written a dozen articles or more,” The New York Times informs us, “about how one crisis or another has exposed the fundamental unsustainability of the European Union.”

I hadn’t noticed. Until recently, haven’t reporters and commentators been downplaying Europe’s looming crisis? But they cannot pretend “far right” separatist, decentralist and nationalist movements are marginal any longer, not after strong showings for Geert Wilders in The Netherlands and Marine Le Pen in France, and the Brexit vote.

Now everybody seems to be panicking.

Even the Times is half-predicting an end to what it calls the “European Experiment.”

The Times identifies the tension as arising from “calls for keeping out secondary migrants and demands to keep internal European borders open. It’s a version of the contradiction within the European Union itself: between an open union and a collection of sovereign states.”

Beneath all the brouhaha about freedom of movement across breached borders lies the real contradiction: between massive welfare states on the one hand and, on the other, freedom of movement, speech and all the rest.*

When governments offer freebies, they entice people into un-productive or at least sub-productive lifestyles. Which is not sustainable, especially when extensive. How many productive people must support how many unproductive people?

Then throw those domestic programs open to millions of migrants who lack even rudimentary language and First World skills? That’s how states subsidize their societies’ destruction.

Europe’s governments are way too big for their border breaches.

If you want traditional freedoms, you have to pare down government.

This is Common Sense. I’m Paul Jacob.

 


*Between social democracy (socialism lite) and the old liberal order.

 

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Accountability crime and punishment folly free trade & free markets general freedom judiciary local leaders moral hazard nannyism Second Amendment rights too much government U.S. Constitution

Ought Implies Cantifornia

“Strip away the absurdity,” writes Scott Shackford at Reason, “and it’s essentially a very technical ruling.”

Shackford is explaining a bizarre recent judgment of the California Supreme Court.

Politicians in Sacramento had, years ago, passed a gun control measure requiring gun manufacturers to “implement microstamping technology that would imprint identifying information on bullets as they were shot from semi-automatic weapons.” In 2014, Smith & Wesson announced that it would pull some guns from the California market rather than comply. Why? The technology just wasn’t ready yet.*

Since California’s Civil Code contains a section reiterating an old commonsense principle to the effect that the “law never requires impossibilities,” the National Shooting Sports Foundation sued to block the law.

But the group just lost.

The Court did say it could protect citizens from punishment, but it refused to nullify the legislation on constitutional grounds.

Unanimously.

Why do this? Apparently to protect California politicians in their ongoing social engineering schemes.

The dollar costs of trying to comply with impossible demands are huge, of course. But the biggest costs may be more subtle.

In moral philosophy, it is a truism to say that “ought implies can.” In natural law as understood long ago, an impossible law was thought not a law at all, justifiably ignored by anyone and everyone.

In a just state, flouting of maddening regulations like California’s would lead not merely to the defense of the absurdly put-upon citizen — as this court ruling still allows — but also to the nixing of the “impossible” law.

This is Common Sense. I’m Paul Jacob.

 


* Shackford notes that “a cynic might theorize that this is the law’s actual intent.” I wouldn’t limit that suspicion to folks given to cynicism. Pragmatists and political scientists and almost anyone else would be placing bets on that, too.

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Accountability First Amendment rights folly general freedom ideological culture media and media people moral hazard nannyism national politics & policies Regulating Protest too much government U.S. Constitution

Freedom “Weaponized”

Justice Elena Kagan has a way with words. The conservative majority on the court, she said after two recent rulings, is “weaponizing the First Amendment.”

What a phrase! But what does it mean?

“Conservative groups, borrowing and building on arguments developed by liberals,” explains The New York Times, “have used the First Amendment to justify unlimited campaign spending, discrimination against gay couples and attacks on the regulation of tobacco, pharmaceuticals and guns.”

First: if “liberals” now find themselves not supporting the idea of particular freedoms, or freedom in general, are they really “liberal”?

Second: “borrowing arguments” is what we expect to happen. Logic isn’t partisan.

Third: the point of the Bill of Rights is to “weaponize” the defense of freedom.

Remember, it is freedom of speech; freedom of the press; freedom of association; freedom of exercising one’s religion. The First Amendment weaponizes their defense by disallowing Congress from legislating against them.

Now, it has long been a “problem” that these listed freedoms blend together. They all work together or don’t work at all. And each points to freedom more broadly.

Kagan wants to read freedoms narrowly — though liberals historically have, indeed, read them broadly.

She’s objecting to two recent rulings. The first prohibits states from requiring pregnancy centers to talk up abortion options to their clients. An obvious free speech issue. The second prohibits governments from backing unions in their extraction of “agency fees” from non-members. An incontrovertible issue of freedom of association.

Kagan and The New York Times apparently think that “liberalism” means defending some freedoms in some contexts, but denying freedom in others.

This is Common Sense. I’m Paul Jacob.

 


 

Illustration by Newtown grafitti

 

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Accountability crime and punishment ideological culture media and media people moral hazard national politics & policies political challengers responsibility

Black Mask Terrorism

I was in Arkansas on Saturday when the downtown streets of Portland, Oregon, “exploded into its worst protest violence of the Trump era,” as The Guardian explains. “More than 150 supporters of the far-right Patriot Prayer group fought pitched street battles with scores of anti-fascist protesters. In total, nine people were arrested.”

Notice that “Patriot Prayer” — a group sponsored by a Republican Senatorial candidate, and which says it stands for free speech — was labeled “far right” while the “anti-fascist protesters” were not called “far left.”

Characteristically, The Guardian vagues it up. “Violence suddenly ‘erupted,’” noted a Romanian YouTuber of the British rag’s evasiveness. “Who started it? We don’t know.”

Well, from the videos I saw it looked like the “anti-fascists” started it. The “patriots” were marching down the street when a young man, with helmet and backpack, and a young women, dressed in black, marshaled antifa mobs towards the legal march, and then stones and bottles were thrown, and explosives, too . . . into the Patriot Prayer rally.

Note: the Patriot Prayer group had filed the paperwork for the march; antifa had not. The Portland police did not protect the licensed marchers, but did revoke their license, telling everyone to disperse (threatening “duress” to the non-compliant) after the violence broke out.

If you did not carefully look at more than one video, you might be confused. Indeed, not all videos showed the crucial break from peace to violence.

So, what other clues might one look for?

In old cowboy movies, whoever ganged up masked, and wore black, were usually the bad guys.

Antifa — thanks for providing the clues: masks, black fighting gear, and Luciferian handsigns.

This is Common Sense. I’m Paul Jacob.

 


 

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crime and punishment general freedom ideological culture moral hazard nannyism political challengers privacy Regulating Protest too much government

Don’t Enable Tyrants

If I deliberately help somebody to do evil things — and nobody is holding a gun to my head — I am thereby doing evil myself.

A person should not let himself be in that position. Not even if he’s “just doing my job” and looking for a non-evil job would be demonstrably inconvenient. To have a motive for doing a bad thing is not by itself exculpatory.

What provokes this observation is a newly amplified assault by the Venezuelan government on the rights of its citizens. The government is seeking to violate the right to peacefully read stuff on the Web by blocking Tor software, which allows users to elude government surveillance and reach banned websites.

Venezuelan dictators Chavez, now dead, and Maduro, still there, have never hesitated to stomp freedom in the name of a spurious greater good. Somebody like Maduro is certainly unscrupulous enough to go after Tor for thwarting censorship. So he fulfills that requirement. I doubt that he possesses very extensive programming ability.

Tor may not be perfect, but it’s pretty robust. You need substantial resources, such as those at the disposal of a government, to stop it. You also need to know what you’re doing. The coders on Venezuela’s stop-Tor team are probably smart enough to grasp the purpose of their work.

They and all other such collaborators should defect to the other side: that of programmers working to protect innocent people from government-sponsored cyber-assault.

This is Common Sense. I’m Paul Jacob.

 


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Accountability local leaders moral hazard porkbarrel politics responsibility tax policy too much government

Panic in the Prairie State

When your state has the lowest credit rating in the union, the highest population decline rate, and spends nearly a quarter of its annual budget on an out-of-control government-employee pension system, what do you do?

Raise taxes, of course!

That’s the advice of experts in Illinois, anyway.

You can see why they panic: The unfunded portion of Illinois’s public employee pension system amounts to $11,000 per person in the state. Something extraordinary must be done.

Yet, as Pat Hughes at the Illinois Opportunity Project insists, taxpayers need relief — not a statewide 1 percent property tax increase.

Besides, it is not as if tax hikes could solve the problem. “It was just last year that politicians raised the state income tax by 32 percent in a desperate attempt to balance the budget,” Hughes explains. “Despite over $5 billion in new taxes, the state was back in deficit spending in less than a year.”

Hughes mentions a number of tax limitation measures in the works. More power to them.

But what’s needed even more? Spending limitation measures.

No government can be trusted to offer anything but defined-contribution pensions — and no government, at any level, should ever manage a pension system. Politicians can’t help themselves. They just cannot resist the temptation to buy off the government-worker constituency by promising more in the future than financially feasible (or just plain old politically possible) to pay for now.

Other people’s money is theirs to spend. And a future financial bind? Some other politician’s problem.

This is Common Sense. I’m Paul Jacob.

 


N.B. Congratulations to the Illinois Policy Institute for its Liberty Center, which won its case against forced unionization, Janus v. American Federation, on June 27. Commentary about this Supreme Court case appeared on this site in early May, “Post Blindfold.”

 

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Accountability crime and punishment general freedom ideological culture media and media people moral hazard national politics & policies responsibility

Eighty-sixing Civility

Had Sara Huckabee Sanders been asked to leave the Washington, DC, Red Hen, rather than the restaurant of that name in Lexington, Virginia, things might’ve turned out a bit different. In the nation’s capitol, it is illegal to discriminate against customers for reasons of political affiliation.

Out in Lexington? Not so much. One can “86” a politico there with impunity, I guess.

A Yelp reviewer defended the restaurateur’s request not to serve President Trump’s Press Secretary. “Thank you for refusing to serve a person who lies to the American people for a living.”

Wait — I thought that is what all Press Secretaries do: present the official lie. Be that as it may, or not, objecting to one Administration and not another implicitly endorses the policies and lies of the Administration not censured. And the grounds given in this Red Hen cluckery — that the Trump Administration is racist, etc. — might possess a tad more plausibility had the Obama Administration not engaged in policies startlingly similar to the ones Trump and Sanders are blamed for.

The “right to refuse service to anyone” may be a right retained by the people, but since the Ninth Amendment is a dead letter, and the federal government, at least, does not recognize such rights when the refused parties fall into certain “protected groups,” talking about it at length is probably a waste of time.

While the anti-Trump side of the current political-cultural divide seems resolute in denying a right to refuse to bake specialty cakes for gay couples, refusing to serve standard meals to political enemies is apparently copacetic.

Which can only mean: that democratically elected and appointed government officials are not the right “protected group” — which is odd, isn’t it, when those doing the discriminating call themselves “Democrats”?

This is Common Sense. I’m Paul Jacob.

 


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Accountability crime and punishment general freedom moral hazard nannyism privacy too much government U.S. Constitution

Social Workers: Stop Kidnapping Kids

Michael Chambers is living a nightmare.

His young daughter, Belle, has been taken away by social workers — without any reasonable cause or due process.

When Belle was two, her mother relinquished care to Belle’s grandmother. Then Michael accepted the responsibility. Periodically, his vindictive ex-wife would sic Child Protective Services on him. At first, the annoyance was as benign as such an intrusion could be. The social workers where he lived understood that there was a troublemaking ex-spouse in the picture.

But when Michael and Belle moved to a different Mississippi county, a new social worker, Kyra Reed, got involved. Reed seemed determined to intrude, make demands, and eventually remove Belle by force from Michael’s custody.

For example, Social Worker Reed early on demanded that Michael let her search his home. He was uncomfortable permitting it unless she obtained a warrant. Reed never did get one, or search the house — not even when accompanied by sheriffs. But somehow she didn’t need any legal authorization to steal Belle from Michael. Belle ended up in a foster home, where she was treated badly, before ultimately being forced to live with her mother, whom she hadn’t seen in four years.

The many ugly details of this case cannot be recounted briefly. Michael’s fight to get his daughter back is an expensive one. You can find out more about what happened and, if you like, contribute to Michael’s gofundme campaign to raise money for his legal expenses.

This is Common Sense. I’m Paul Jacob.

 


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Accountability crime and punishment general freedom government transparency individual achievement media and media people moral hazard national politics & policies privacy Snowden U.S. Constitution

Happy Birthday, Edward Snowden

Edward Snowden turns 35 today and begins another year as a fugitive stuck in Russia.

Five years ago, he fled the country to Hong Kong, meeting with The Guardian’s Glenn Greenwald and documentary filmmaker Laura Poitras to discuss documents he had released showing illegal National Security Agency collection of our phone records, social media posts and mega other metadata.

It is not merely Snowden who calls the NSA’s programs unconstitutional, or me, but how a federal judge ruled.

Remember when James Clapper, President Obama’s Director of National Intelligence, wittingly misled Congress by claiming our private information was not being swept up, except “unwittingly.” We only know that Clapper fibbed because of what Snowden divulged.

“[T]he breaking point was seeing the Director of National Intelligence, James Clapper, directly lie under oath to Congress,” Snowden has explained. “There’s no saving an intelligence community that believes it can lie to the public and the legislators who need to be able to trust it and regulate its actions.”

Clapper is free, collecting his pension. Snowden has been indicted under the Espionage Act, which unconstitutionally limits his defense.

Snowden sure has paid for his courage. He was making very good money, and living with his girlfriend in Hawaii, when he decided he had a duty to alert us to our government’s lawlessness — at the cost of his livelihood, his future, his very life, perhaps.

While our leaders call him a traitor, I call him “friend.”*

Edward Snowden is a friend of every American who cherishes our Fourth Amendment right “to be secure in [our] persons, houses, papers, and effects, against unreasonable searches and seizures.”

Freedoms the government was secretly stomping upon.

It is time to bring him home.**

Ed Snowden, thank you for your service. Happy Birthday!

This is Common Sense. I’m Paul Jacob.

 


* I feel a connection to Mr. Snowden, and have an inkling of what it’s like to do what you believe is right and to find yourself wanted by the government, on the run, far from home.

** Snowden deserves a presidential pardon. But he has said he would even return to face prosecution, provided the charges did not preclude him from defending his actions in open court.

 

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Accountability crime and punishment general freedom ideological culture media and media people moral hazard nannyism national politics & policies privacy Regulating Protest Second Amendment rights U.S. Constitution

Brownells Defends Itself

I’m glad to be able to say this: Brownells has, present tense, a YouTube channel. Especially glad because, on June 9, Google had shut that channel down without warning or explanation.

Brownells is a family-owned supplier of firearms, firearm parts and accessories, gunsmithing tools, and emergency gear. Well-known and well-regarded by shooters, hobbyists and gunsmiths, the company has a website and a YouTube channel that serves as a “portal to everything shooting and hunting,” as Pete Brownell explains.

Brownells’ YouTube channel is substantial, with almost 1,800 instructional videos and some 71,000 subscribers. Patrons stress that there’s nothing outré, radical, or offensive about the offerings — unless you’re reflexively anti-Second Amendment, I guess.

We’ve got no smoking gun in the form of an explicit admission from Google. But we may plausibly suspect that the firm terminated this YouTube channel for ideological reasons. Perhaps Google shot from the hip here in reaction to the recent spate of school shootings, without pausing to properly distinguish between promoting responsible gun ownership and promoting murder.

We may also never know whether Google expected Brownells to meekly accept the arbitrary snuffing of a resource it had spent so much time and energy developing. In any case, Brownells used Twitter and other forums to urge supporters to call Google and object.

The self-defense paid off. On June 11, Google undeleted the channel. The protests against injustice must have been too many to ignore.

YouTube is no longer a mere platform for video sharing. It has taken political controversy and complaints as excuses to editorialize.

Were it a government, I’d say “censor.”

This is Common Sense. I’m Paul Jacob.

 


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