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First Amendment rights general freedom ideological culture nannyism national politics & policies Second Amendment rights too much government U.S. Constitution

Enumerated Wrongs

Will the government soon quarter troops in your home?

The Third Amendment prohibits that, sure — but if prominent and powerful Democrats are so anxious to toss out the First and Second Amendments to the Constitution, who’s to say they wouldn’t jettison the Third?

Last year, every Democratic U.S. Senator voted to repeal the First Amendment’s guarantee of freedom of speech and replace it with new, broad powers for them to regulate campaign spending, thereby speech.

Luckily, those 54 senators lacked the two-thirds margin needed for their amendment.

Now, in the face of “gun violence” and (pssst) terrorism, President Obama, presidential aspirant Hillary Clinton, and true-blue MSNBC’s Joe Scarborough, want to scrap the Second Amendment. How? By first scrapping the Fifth, which guarantees that “No person shall be … deprived of life, liberty, or property, without due process of law.” They demand that Americans on the so-called “terrorist no-fly list” be denied the Second Amendment right to a firearm, despite the fact that the bureaucratically created no-fly list offers not a scintilla of due process: no charge, jury, trial.

Would this new regulation have prevented the San Bernardino murderers from getting guns? No — they had recently flown across the world.

The frequent-flying Boston Marathon bombers didn’t make the list, either.

But the list did label an 18-month-old girl a terrorist, snatching her rights like taking candy from a . . . toddler.

“Just what will it take for Congress to overcome the intimidation of the gun lobby and do something as sensible as making sure people on the terrorist watch list can’t buy weapons?” Mrs. Clinton asked rhetorically at a campaign event.

Answer: an illegal abrogation of the most fundamental and cherished rights in human history.

This is Common Sense. I’m Paul Jacob.


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general freedom national politics & policies

The Sanders/Obama/Nye Conjecture

When some of America’s most illustrious public figures — Senator Bernie Sanders, President Barack Obama, and Bill Nye the Science Guy — proclaim global climate change as the “obvious” cause of the rise of ISIS (and recent rounds of terrorism), it’s time to consider:

Is it climate change that is responsible for the recent rash of mass shootings in the U.S., most recently in San Bernardino?

There is a drought in California — a water shortage, anyway.

But that is caused more by overuse and underpricing of water resources — itself the result of public, not private, water resource management — than climate change.

Isn’t it more likely that people on the margin of stability — call them “crazy” or just evil — take cues from other shooters in the news, draw inspiration and then draw guns?

And fire.

America’s non-Muslim, home-grown mass murderers don’t seem to be making a clear point. Syrian refugee and European ISIS-sympathizing Muslim radicals do seem to be making a point — but one quite tangential to Bill Nye’s nifty causal chain: man-made global warming leads to droughts; farmers leave the country for the city; over-strapped cities lack water and jobs; frustrated male (and female) refugees go postal.

Hey Bill, don’t war and drone strikes, not to mention tyranny, also cause instability?

But then, so would cutting back on fossil fuels: the whole mid-east region runs on fuel sold to the West. If we fight ISIS by combatting CO2 emissions, and if the Sanders/Obama/Nye Theory is correct, we’ll just get more ISIS.

Copy-cattery and ideology explain this evil better. Not climate change.

This is Common Sense. I’m Paul Jacob.


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crime and punishment general freedom government transparency judiciary moral hazard national politics & policies property rights too much government

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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free trade & free markets general freedom government transparency national politics & policies responsibility too much government

Post Dated

What does a business do whose market share is decreasing, is billions of dollars in debt, and which incurred one-third of that debt just last year?

Realistically, it cannot be sustained. Not as a normal business.

Of course, the business in question has been struggling to reform, has been cutting costs. But can’t cut enough.

I’m referring to the United States Postal Service. Not a “normal business,” either: no “normal business” is authorized in the U.S. Constitution — or must suffer with the 535 members of Congress as its board of directors.

Kevin Kosar, writing at the Foundation for Economic Education, says the “existential crisis is already happening.”

And by this he doesn’t mean that the organization is going through a bout of anxiety leading to Nausea, or is so estranged from humanity that on a beach the company will kill an Arab — though that may be indeed true, “going postal” and all. He means, simply, what his title says: “USPS Is Going Down, and It’s Taking Billions with It.”

Many on the left say the problem is Congress’s insistence that the enterprise fund its employee retirement program. Kosar quotes an economist who figures that, even without current (and still inadequate) levels of pension contributions, the post office would have “lost $10 billion over the past seven years.”

Besides, those pensions must be paid for at some time — postponing them just delays the inevitable, making a future bust that much bigger, less manageable. (Current level of unfunded liability? $54 billion — which is not accounted for in its official debt.)

The Internet is more important than the post, now. Could it be time to junk mail?

This is Common Sense. I’m Paul Jacob.


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Accountability crime and punishment general freedom government transparency moral hazard national politics & policies property rights

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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Accountability crime and punishment general freedom judiciary moral hazard national politics & policies property rights

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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national politics & policies

Deep Thinker Kerry

Comparing Friday’s horrific shootings by Islamist terrorists to the events of last January, one-time presidential candidate John Kerry noted that there is “something different about what happened from Charlie Hebdo. . . . There was a sort of particularized focus and perhaps even a legitimacy in terms of — not a legitimacy, but a rationale that you could attach yourself to somehow and say, ‘OK, they’re really angry because of this and that.’ This Friday was absolutely indiscriminate. It wasn’t to aggrieve [sic] one particular sense of wrong. It was to terrorize people. It was to attack everything that we do stand for.”

Yes, Kerry pulled himself out of the fire pretty fast, but, even if he earnestly believes that (as Reason characterized it) “killing cartoonists is less appalling than killing concertgoers,” this was a thought better left unexpressed.

What could Kerry have been thinking?

Here’s a guess: John Kerry sees himself as a reasonable man. Reasonable men try to understand things. And in the course of trying to understand things, a reasonable man will likely explore all sorts of ideas, make uncomfortable comparisons, follow challenging arguments wherever they lead.

But Mr. Kerry does have a job: Secretary of State. This makes him a key mouthpiece for the United States of America . . . to the world, and about world events.

A Secretary of State should know that standing up for rights is his public duty. It is not spinning theories about motivation that could ominously pass as justification for slaughtering some folks but not others.

His statement may betray him mid-thought, but hey: “everything we stand for” includes free speech and the press.

This is Common Sense. I’m Paul Jacob.


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general freedom national politics & policies responsibility U.S. Constitution

Thank You for Your Service

When people risk their lives, saying thanks is the least we can do.

But it’s not enough.

Today on Veterans’ Day, we honor those who have served and are serving in the military.

The holiday was once Armistice Day, marking the peace agreement that concluded World War I at the eleventh hour on the eleventh day of the eleventh month of 1918. That’s where the phrase “the eleventh hour” comes from. It’s also why the holiday has remained on whatever day Nov. 11 falls — not the closest Monday to provide non-military government workers another three-day weekend.

Of course, Woodrow Wilson’s “war to end all wars” didn’t end warfare. Numerous wars have followed. Today, the president goes to war whenever he feels like it, not only without a declaration, without any authorization — or even discussion — by Congress.

So, here’s what I think we owe veterans:

A federal government that keeps its word.

The Veterans Administration’s continued failure to adequately care for returning soldiers is unacceptable. Until the VA is fixed, don’t vote for any incumbent.

Don’t let our uniformed sons and daughters be shipped off to any conflict where (a) our freedoms are not directly threatened, and (b) where there’s no sane plan to end the conflict and bring our troops home.

Don’t trust politicians.

From the sinking of the Maine (Spanish-American War) and the Lusitania (WWI) to the Gulf of Tonkin incident (Vietnam) and the faulty intelligence that greased the path into the Iraq Conquest, distrust is rational, almost a duty.

Disagree over foreign policy? Over whether to go to war or not? Sure, but we cannot leave these decisions to an insulated cabal of politicians. Deinsulate them. Speak your mind.

This is Common Sense. I’m Paul Jacob.


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free trade & free markets general freedom nannyism national politics & policies tax policy

Pass/Fail/Pass

While the Ohio measure to legalize marijuana did not pass, this week, the Washington State measure to wrest tax limitations out of a recalcitrant legislature did indeed succeed, with a 54 percent win.

Win some, lose some.

But in both these cases, there is some evidence for a general smartening up of the voting public.

With Ohio’s Measure 103, the support for cannabis legalization, a few weeks before Election Day, seemed strong. But the more voters looked at the measure, the more they caught a whiff of stink — and it wasn’t skunk weed. It was crony capitalism and insider favoritism. So, while a solid majority reasonably favors legalization — even in Ohio — it strikes most reasonable people that the measure’s secondary provision of setting up a monopolistic/oligopolistic production cartel is as anti-freedom as the legalizations is pro.

Smart folks saw through the proposal. Cannabis legalization is proceeding, state by state. Better results for legalization next time?

Perhaps, provided a better measure is offered.

Washington’s I-1366, on the other hand, had several levels to it, too, but they worked together. Voters seeking a constitutional tax limit, got it — or, if the legislature balks at delivering it as a future referendum (as the measure instructs) then the initiative’s main feature would kick in and the sales tax would be lowered. Low-tax voters get low taxes either way, legislature cooperating or resisting.

As I’ve explained some time back, repeated legislative betrayal had forced Evergreen State super-activist Tim Eyman to concoct this rather clever ploy.

In both Ohio and Washington, what voters voted against was against politics-as-usual — and that is good, no?

This is Common Sense. I’m Paul Jacob.


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Accountability general freedom ideological culture national politics & policies

A Broken Fix

It is universally acknowledged that Congress is all screwed up, but ideas differ on how to reform it.

Representative Paul Ryan (R-Wisc.), in accepting the Speaker of the House position, admitted, “The House is broken. We are not solving problems. We are adding to them.”

But how to fix what is broken?

In my opinion — and according to virtually every survey of Americans for the last 20 years — term limits would be the best first step.

Speaker Ryan, sadly, is no term limits fan. But at least he calls for “opening the process up” and a “new spirit of transparency.” Ryan promises “not [to] duck tough issues,” while seeking “concrete results.”

Chris Cillizza, writing “The Fix” blog for The Washington Post, predicts Ryan will “probably not” succeed.

Cillizza cites four big problems, the last two are obvious, though undefined: “3. Polarization in the country” that results in “4. Polarization in Congress.”

His No. 1 reason for the dysfunction in the House? The ban on earmarks. “Without a carrot to offer wavering members on contentious legislation,” Cillizza complains, “leadership had to rely almost exclusively on relationships and goodwill.”

Forget persuasion on the merits; apparently, congressional leadership should bribe members for their votes.

Next, Cillizza bemoans the “rise of outside conservative groups” able to speak against incumbents they oppose and for those they support. This means “the party leadership could no longer choke off campaign funds to those who refused to fall in line.”

“Falling in line” isn’t the right reform goal.

Meet another member of the Washington press corps with a strange hankering for boss rule.

This is Common Sense. I’m Paul Jacob.


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