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First Amendment rights free trade & free markets government transparency national politics & policies

Your Taxes, in Small Type

The business of business is to profit by helping others. The business of government is to make sure that businesses don’t profit by cheating others.

Unfortunately, sometimes it’s the governments that cheat.

Take the airline industry. Though substantially deregulated by the early 1980s, government has not treated it in an exactly laissez faire manner since. First there are the taxes, quite heavy. And recently the Department of Transportation decided that it must regulate the way in which airlines may advertise their prices . . . and the taxes. That is, the DOT insists that the “total price” — by which it means the price-plus-tax — must be shown prominently, with the tax portion “presented in significantly smaller type than the listing of the total price.”

Talk about regulatory micromanagement!

Now, this rule isn’t something Congress cooked up. It’s the result of a bureaucracy gone wild.

And the rule has one obvious effect: It shields government from consumer criticism, showing bureaucrats at their most self-serving. About one fifth of every airline ticket goes to the government, and folks in government don’t want you to know that.

This being the case, you might think — as George Will does — that the First Amendment would apply, especially since the First Amendment is now routinely held as protecting political speech more strictly than commercial speech. But, so far, courts have ruled for the taxing and regulating bureaucrats, not the competitive airlines. Or consumers.

Frequent fliers (I’m one) should hope the Supreme Court justices take up the case, which shows why economic and political freedom go best together.

This is Common Sense. I’m Paul Jacob.

Categories
ideological culture national politics & policies Second Amendment rights Tenth Amendment federalism

Nullification Today

As the federal government lurches further out of control, wildly grasping to increase control over our lives, an old and controversial method of reining in our central government gains popularity: State nullification of federal law.

A recent Rasmussen survey asked whether “states have the right to block any federal laws they disagree with on legal grounds,” and 38 percent of likely voters surveyed said “Yes.”

Cutting to the quick of the Commerce Clause, a new Kansas law — Senate Bill 102, the Second Amendment Protection Act, signed by Governor Sam Brownback last month — states that firearms manufactured and owned in Kansas that do not cross state lines are not subject to federal law.

Of course, the Supreme Court thinks otherwise. In Wickard v. Filburn, the Court allowed the federal government to regulate darn near anything on the grounds that any conceivable act of consumption affects demand, and thus “commerce.” Goofy ruling? Yes. But by tradition it’s the Supreme Court justices who get the final word.

Yet even that has been denied by many constitutional theorists, including Thomas Jefferson and James Madison — “Mr. Constitution” himself — both of whom supported nullification, as recently explained by historian Tom Woods. No compact joined into by multiple parties may only be interpreted by one of the parties alone, unless specified to that effect. The Constitution doesn’t even mention judicial review, so the tradition of the Supreme Court’s final word is itself a matter of dispute.

Standing up for the status quo, Attorney General Eric Holder has written to Brownback against the new Kansas law, citing the Supremacy Clause. Problematic? Yes. But not easily dismissed.

Brownback has volleyed back.

At least we can expect the old issues of constitutional law to gain a new and lively hearing.

This is Common Sense. I’m Paul Jacob.

Categories
national politics & policies too much government

Comparable Worth?

The federal government encourages a certain “spin” regarding wages and salaries. Both taxation and regulation enforce a kind of accounting fraud in nearly all wage contracts. Employees receive a statement when they get paid, but that statement is not complete. Only half of an employee’s Social Security contributions are listed, for example — though, from the employers’ point of view, that unlisted “employer’s contribution” is just as much a part of a workers’ wage as the amount written on the check.

Most folks don’t see a full dollar-value listing of their benefit package at time of payment, either.

Of course, some things just can’t be accounted for in money terms.

In charming, smaller towns — like, say, Traverse City, Michigan, or Port Townsend, Washington — folks have been known to explain those towns’ somewhat depressed wage rates with a rhyme: “The view of the bay is part of your pay.”

And then there’s job security.

In a 2012 report comparing private sector jobs to federal government jobs, the benefit of public sector job security went unacknowledged. Naturally enough.

What we learn is that government employees tend to make a bit more that private sector employees, but, when you include benefit packages, their rates of remuneration are much higher — 16 percent higher.

But then, if to prove that the government really is all about equality, it’s not at the top end that government workers prove wildly overpaid; it’s at the less-credentialed “low end.” These job pay 36 percent more than comparable private sector jobs.

What is often not addressed in the wage and benefit debate is the fact that lower-skilled private sector workers are also disproportionately harmed by federal regulation, subsidies and other misguided policies.

This is Common Sense. I’m Paul Jacob.

Categories
ideological culture national politics & policies

Sleep Rules?

Getting kids to go to bed at night, and to stay there till morning, and not get up, again and again, is possibly life’s greatest challenge. When I had young children, I was willing to do whatever it took.

Drink of water? Sure. Okay. No more.

Drone strike? Well, as tempting as that sounds . . . no.

But according to The Washington Post, Farea al-Muslimi, a young Yemeni man, testified before the United States Senate that some parents in his country have taken to threatening their children at bedtime, “Go to sleep or I will call the planes.”

Pretty funny. Until it dawned on me that our USA is now scarier than the monster hiding underneath the bed.

“What radicals had previously failed to achieve in my village,” Muslimi warned, “one drone strike accomplished in an instant: There is now an intense anger and growing hatred of America.”

Georgetown University Law Professor Rosa Brooks, a former Pentagon advisor, testified: “Every individual detained, targeted, and killed by the U.S. government may well deserve his fate. But when a government claims for itself the unreviewable power to kill anyone, anywhere on Earth, at any time, based on secret criteria and secret information discussed in a secret process by largely unnamed individuals, it undermines the rule of law.”

Anything that undermines the rule of law, undermines the United States of America.

It’s long past time we put the lawlessness of the killer drone program to bed . . . and not just till morning.

This is Common Sense. I’m Paul Jacob.

Categories
national politics & policies too much government

Four Percent Off the Top

Suppose you get a 4 percent pay cut.

Suppose you can’t borrow; you can only reduce your spending. Your household budget includes rent, videos, food, saving for a rainy day, and a front-door lock to replace the one destroyed when your home was broken into yesterday. What’s the first thing that pops into your head?

“Well! Better forget that lock!”? No.

Now suppose you head the executive branch of the federal government and want to entrench disastrously high spending. So you want to “prove” that even trivial budget cuts must produce blatant, instant pain. Then, for example, school kids en route to DC find that White House tours have been canceled. Then, for another example, airline passengers find that security delays at the airport drag on longer than ever.

Congress has tasked the Federal Aviation Administration with safely and efficiently directing airplanes on and off the tarmac. The sequester reduces the FAA’s budget by some 4 percent. What to do? What else but furlough controllers for one working day out of ten, inflicting delays in an estimated four of ten flights?

That’s what the Obama administration has done, even though many less destructive budgetary changes are not only possible, but far more preferable.

Much more than 4 percent must be cut from government spending. It won’t be painless. But the Obama administration, consulting a very old, very nasty “insider’s” playbook, seeks to “prove” that the only feasible way to even begin to reform is the least sensible way. False.

This is Common Sense. I’m Paul Jacob.

Categories
national politics & policies too much government

Unions versus Obamacare

Former friends of Obamacare keep discovering that the law treats them as enemies.

Three years after Obama signed the Affordable Care Act, Kinsey Robinson, president of United Union of Roofers, Waterproofers and Allied Workers International, says that many provisions “were not fully conceived, resulting in unintended consequences . . . inconsistent with the promise that those who were satisfied with their employer-sponsored coverage could keep it.”

Robinson worries that members who now enjoy multi-employer health plans through the union will lose both benefits and employment as Obamacare goes into effect. Small contractors not required to offer insurance coverage under the law will enjoy an unfair bidding advantage. So he now calls for “repeal or complete reform” of Obamacare. (Let’s do the repeal, then restart with the right reforms.)

I’m no fan of unions, which have too often acted to quash competition in the labor market. But as long as unions exist, if they’re going to oppose something, let Obamacare top the list until it is gone.

No doubt many more expressions of shock and dismay await us as people discover the consequences of the law. In 2010, then-Speaker Nancy Pelosi declared that the health care bill had to be passed so we could learn what was in it; after which, free of the fog of partisan debate, we’d all come to understand at last that lumbering Big Brother is indeed our very best friend.

We’re finding out alright, we’re discovering that with friends like BB, and Pelosi, who needs fiends?

This is Common Sense. I’m Paul Jacob.

Categories
free trade & free markets national politics & policies too much government

Slow Times for a Fast Car

How economical are electric cars? It’s hard to know. We don’t have a free market setting in which to judge the question.

Their obvious advantage? They don’t pollute.

But, skeptics remind us, their electricity does have to be first produced, and the most likely additional source? Coal. Dirty coal.

In any case, electric tech’s progress (or lack thereof) remains fascinating. When I wrote about the Tesla Motors electric sports car back in 2006, I was enthusiastic. But since then the car has not exactly “taken off,” and the company has received a huge, huge hunk of money in the form of loans from the Department of Energy in 2009, so it looks like just another Solyndra-like boondoggle.

But wait: It turns out that the company has faced an uphill battle: government.

The states heavily regulate auto dealerships. You know, “for the consumer” (read: for a few privileged dealers). Indeed, this regulation at the state level has plagued America’s auto industry for years. And dealers, privileged by these protectionist laws, really, really hate Tesla Motors’ marketing model: direct-to-customer.

In Colorado, car dealers got the law changed to prohibit direct-to-customer auto sales.

I hope Tesla sues to overturn the state dealership laws as illegal under the Constitution — after all, they do precisely what the interstate commerce clause was designed to prevent.

More likely, though, Tesla will seek and get an exemption from the Energy Department. And American mercantilism will continue.

This is Common Sense. I’m Paul Jacob.


Note: Image is anachronistic, and later appeared no this site to illustrate a very different Tesla story.

Categories
national politics & policies Second Amendment rights

Guns Grabbed in New York

Many folks are scared of “mentally unstable folks” with guns. Me too.

However, being scared doesn’t mean that we get to take the rights away from people we’re uncomfortable around – or whose demographic group might be found to be statistically more “dangerous” than another.

“Mental illness” is itself an unstable concept — Asperger’s Syndrome has been listed as a separate disorder in the e Diagnostic and Statistical Manual of Mental Disorders (DSM), but it looks like it will be collapsed into the spectrum of autism-related disorders in the DSM-5. Indeed, the more you learn about the history of the DSM, the less it looks like a scientific document and more the product of a congress, with “diseases” voted in and out because of ideological pressure and fashion and whim. Homosexuality? Used to be a disease. Now it isn’t. Progress, I think, but the actual process was no more scientific than changing the recipe for hot dogs, the manufacture of which we are warned not to inquire about.

Ask David Lewis, a 35-year-old gentleman from Amherst, New York. His guns were confiscated by the state. Why? He was once prescribed an anti-anxiety medicine, and that flagged him as unstable under New York’s new gun law.

A judge just ruled that the state has to give him his guns back.

Talk about slippery slopes. Were it not for one commonsense judge, New Yorkers who’ve experienced some social anxiety would have been lumped in with utter crazies, and had their rights simply stripped.

Indeed, they already have. Lewis is almost certainly not the only perfectly sensible citizen to have had his guns grabbed.

Thus it begins.

This is Common Sense. I’m Paul Jacob.

Categories
media and media people national politics & policies

The Infanticide Doctor and the Uneasy Silence

Rare events often define our view of society and government. The regular slog of life we habitually forget and everyday crimes we let pass as if unnoticed. But a massacre, an assassination, or a big storm — these get a lot of coverage. And exercise our political imaginations.

Often unduly.

Yet, presently a rare-event story certainly qualifies as “newsworthy,” though almost no one talks about, and almost no media outlet covers: the serial infanticides of the abortion doctor currently on trial, Dr. Kermit Gosnell.

While media folks and political activists continue to publicize the Sandy Hooks shooting, on Gosnell’s bloody tale they remain silent. As Ed Krayewski notes at Reason.com, just as a rare shooting has served a political cause, so too could Gosnell’s grisly crimes. But from the president, no grand “it’s not about me” speeches. From his followers, no demands for instant action.

Why?

The question doesn’t need to be asked. It’s politically inconvenient for “pro-choicers” to confront the grotesque crimes of a doctor engaged in late-term abortions that often became postpartum infanticide. And grisly ones at that.

The pro-choice movement typically responds to abortion in the same fashion they accuse those at the NRA: give no inch. Abortion rights activists defend late-term abortions and argue that bringing up the killing of infants is just so “off-point.” But after reading about the Gosnell case, it’s not off-point at all.

Certainly, Dr. Gosnell’s alleged infanticide should be mentioned for the same reason that any big story deserves coverage. Should it lead to immediate calls for more government regulation of abortion? That’s debatable. Should it inform the debate?

Yes.

This is Common Sense. I’m Paul Jacob.

Categories
national politics & policies Second Amendment rights

It’s Not About Responsibility

“It’s not about me,” insisted the President of these United States, before crowds in Hartford, Connecticut.

Barack Obama, in expert oratorical mode, elaborated: “Some in the Washington press suggest that what happens to gun violence legislation in Congress this week will either be a political victory or defeat for me.” After a long and impressive facial pause, he went on. “Connecticut, this is not about me; it’s not about politics. This is about doing the right thing. . . .” but he didn’t stop there. He listed the beneficiaries of “gun violence legislation”:

  • “for all the families who are here who have been torn apart by gun violence”;
  • “and all the families going forward . . . so we can prevent this from happening again”;
  • “it’s about the law enforcement professionals putting their lives at risk. . . .”

Not about politics? Sounds exactly like politics.

No discussion of the efficacy or practicality of what’s on the line, universal background checks on all gun sales. (Private trades in legal armaments now constitute a “loophole,” you see.)  What evidence is there that universal background checks would have stopped the murderous Adam Lanza — or most such hard-to-predict murderers?

The Orator-in-Chief’s earlier emphasis on the ostensible fact of 90 percent American support for this rule is also political. You can bet that the pollsters did not probe very deeply into the nitty gritty of the issue by asking about increases in bureaucracy, paperwork, the regulation of law-abiding folk.

Or how to get criminals to comply.

None of that.

It is all politics. The feel-good politics of politicians claiming they are “doing something.”

That is not principle. Not philosophy. And certainly not responsible policy making.

This is Common Sense. I’m Paul Jacob.