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crime and punishment free trade & free markets general freedom ideological culture media and media people moral hazard national politics & policies privacy property rights responsibility U.S. Constitution

Wouldn’t Freedom Be … Easier?

To bake or not to bake, that is the question.

Actually, the question was may a state discriminate against Christians in regulating “public accommodations”? The Supreme Court has decided, in a supermajority 7-2 ruling, that the Colorado Civil Rights Commission wrongly prosecuted a Christian baker who would not make a special wedding cake for a gay couple — while the Commission shrugged when it came to bakers who wouldn’t bake Bible verse cakes.

The ruling came down along the lines I suspected in December: Equal protection. This narrow ruling focused “on what the court described as anti-religious bias on the Colorado Civil Rights Commission when it ruled against baker Jack Phillips,” Fox News informs us.

In his majority opinion, Justice Anthony Kennedy censured the “Commission’s hostility” to Phillips. And Kennedy recognized the root problem, the “difficult questions as to the proper reconciliation of at least two principles”:

  1. “the authority of a State and its governmental entities to protect the rights and dignity of gay persons”;
  2. “fundamental freedoms under the First Amendment, as applied to the States through the Fourteenth Amendment.”

Ah, discrimination. Has picking at this, like a scab, really increased comity? It sure would be easier were we to stick to freedom of association.

Wouldn’t that dredge up less animus?

States should not engage in invidious discrimination. Sure. Vital.

But businesses? Must they serve anyone and everyone? Even when it requires the baker or florist to create something custom — or the pianist to perform? Especially when customers can easily go to a competitor?

Besides, in Colorado, anti-discrimination laws were used by government to persecute Christians.

This is Common Sense. I’m Paul Jacob.

 


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Accountability crime and punishment folly general freedom moral hazard nannyism national politics & policies privacy too much government

Good Pot, Bad Law

Should you let your son suffer, perhaps even die, if the medicine he needs — the only medicine that helps — is illegal to administer?

The question answers itself. It’s the answer that Matthew and Suzeanna Brill acted on when they let their 15-year-old son David smoke marijuana to help control his epileptic seizures. Nothing else was doing the job.

“For 71 days our son rode his bike, woke up, went to school, played with friends, played outside; and the terror for his life that gripped our hearts and souls began to lift,” says Suzeanna. “We were breaking the law. We saved our son.”

But because the Brills did what they did — and because a thoughtless therapist tattled on them — Georgia’s Family and Children Services took David away, with the help of the sheriff’s office of Twiggs County. So David has been living in a group home, forcibly separated from his parents and presumably from any effective treatment for his life-threatening seizures.

“Whatever the law is, it’s my job to enforce it,” says Sheriff Darren Mitchum in rationalizing his deplorable conduct. (Whatever the law is?) After all, “somebody’s got to stand up for the child’s welfare.” Because, as everyone knows, preventing destructive seizures could not possibly be in the best interest of the person suffering from those seizures . . . right?

Fighting to get their son back, the Brills are raising money for the legal costs through a GoFundMe campaign.

Let’s help them succeed. Fast.

This is Common Sense. I’m Paul Jacob.

 


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Accountability crime and punishment folly moral hazard nannyism national politics & policies Popular responsibility too much government U.S. Constitution

Where the Beef Is

In South Florida, two McDonald’s customers are suing the fast food behemoth for charging them for cheese they say they do not want.

“According to a class-action lawsuit filed in Fort Lauderdale federal court on May 8,” informs the Miami Herald, “Cynthia Kissner, of Broward County, and Leonard Werner, of Miami-Dade, say they have had to pay for cheese they don’t want on their Quarter Pounder sandwiches.”

Before you upchuck every last greasy, chemical-infused/extra-beef morsel of this story, let’s look at the facts:

The Quarter Pounder went national in 1973.

The fast-food franchise used to charge extra for the cheese.

But “at some point” the junk food purveyor stopped “separately displaying these products for purchase on menus.” These days, only the Quarter Pounder with Cheese and the Double Quarter Pounder with Cheese are listed.

McDonald’s joints in Florida, at least, provide no discount for removing the cheese.

Rip-off, say these two customers. How big? A $5 million injury!

That’s what they are suing for.

It’s mad. The lawsuit, that is. You are not entitled to set the pricing and menu policies of stores you do not own.

In a celebrated analysis of loyalty in markets, an economist revealed that consumers have a continuum of options, including “voice” and “exit.”

“Voice” is what you express when you argue your case in a family or a democracy — and fast food provisioners. Decent people will, if disgruntled, choose “exit,” driving down the street to a Wendy’s.

McDonald’s could rightly charge extra for withholding the cheese.

That it doesn’t do so? Chalk it up to savvy.

This is Common Sense. I’m Paul Jacob.

 


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Accountability crime and punishment folly free trade & free markets insider corruption media and media people moral hazard national politics & policies porkbarrel politics property rights responsibility too much government

Déjà vu All Over Again

One of the stand-bys of the post-2008 mortgage finance bust, at least from left-of-center policy mavens, has been to ask: why has no banker gone to prison? They played a game of fraud and got rich. What a protected class — Cronyism! Plutocracy! Capitalism!

The why is much easier to understand if you read up on Round Two of the aughts’ boom-bust scenario, as in Prashant Gopal’s coverage in Bloomberg, “Getting Rich on Government-Backed Mortgages.” Gopal spotlights a non-bank mortgage broker, Angelo Christian, who is making a killing selling houses to people with horrible credit, just as happened before 2008.

“Christian can do this kind of deal because he is, in effect, making the loan on behalf of the federal government through its most important affordable housing program,” Gopal writes. “It’s a sweet deal: He gets his nearly risk-free commission. [His client] puts no money down. If things go south, the government ultimately bears the risk.”

So, should he go to jail?

Not really. He’s merely doing Congress’s bidding.

Gopal notes that it is not banks that dominate this round. They are under too much scrutiny. But non-banking loan intermediaries like Mr. Christian are swarming like flies on a cow’s behind.

There’s a problem in Gopal’s account though. “No one is saying the system is close to another collapse.”

Well, plenty of people are saying that.

The Cassandras are just not being heeded.

Of course, they don’t know when the bust will happen.

They just know it will.

This is Common Sense. I’m Paul Jacob.

 


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Photo by Images Money on Flickr.

 

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crime and punishment education and schooling general freedom national politics & policies responsibility Second Amendment rights too much government

Good Men With Guns

We hear too much about “successful” mass murderers — from news readers, journalists, and so-called experts.

And it is hard not to think about the disturbed gunmen who kill as a way to feel powerful for a few seconds as they seek revenge for whatever they hate about their lives.

Now families in Sante Fe must deal with the horror.

We don’t hear as much about the good men who interrupt such rampages.

A report about how a killer was stopped on May 24 begins with these matter-of-fact words: “A gunman who opened fire at an Oklahoma restaurant Thursday evening was confronted by two people who saw what was happening, got their guns and shot him dead, police said.”

The gunman was able to wound three people. But before he could hurt others, Carlos Nazario and Bryan Wittle, outside the building as the shooting began, quickly grabbed firearms from the trunks of their vehicles and ended the threat.

A week earlier, Mark Dallas, a police officer on duty in Dixon High School in Dixon, Illinois, had exchanged gunfire with a recently expelled student, stopping him before anyone else could be shot. The attack took place in a gym where many students were gathered for a graduation rehearsal.

Mark Dallas happened to be an officer of the law. But you don’t need to be a policeman to use a gun justly and well in a bad situation. What you need is training and presence of mind — the willingness and ability to protect yourself and others.

And you need the gun.

This is Common Sense. I’m Paul Jacob.

 


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Photo by Ken on Flickr

 

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Accountability folly general freedom media and media people national politics & policies

The Ex-Explosion

When I was a kid, the trendy worry was “the population bomb.” Now we are supposed to worry about a population . . . fizzle?

“The U.S. birth rate has hit a new record low,” writes Peter Dockrill in Science Alert, “with women in nearly every age group giving birth to fewer babies than a year ago.” Titled “U.S. Fertility Rates Have Plummeted Into Uncharted Territory, And Nobody Knows Why,” Dockrill’s article fails to mention that diminishing population by reduced reproduction is an old worry.

It fanned the flames of eugenics and racism in Europe and America in the first half of the 20th century. Progressivism was full of this concern, in its heyday.*

As societies get wealthier, reproduction rates decrease. Economist Theodore W. Schultz called it the swapping of “quantity of children” for “quality of children.” This appears to be a natural, voluntary sort of eugenics — which scares actual eugenicists.

The study that Science Alert focused on fingered a different cause: lead in the environment. Over at Reason, Ronald Bailey sees some plausibility in this Lead Poison Theory. But mostly, Bailey writes, population rates in America (and elsewhere) are declining “largely because Americans are choosing to have fewer children.”

Is this really a problem?

Well, for Big Government it is.** German’s demographic collapse appears to have been one factor prodding Angela Merkel to open the doors to millions of refugees — whom Europe seems to have more trouble assimilating than does America.

I like kids — both making and rearing them. But to each his or her own, of course. Still, maybe if people freaked out less about population explosions, the implosion would prove less serious.

This is Common Sense. I’m Paul Jacob.

 


* Before progressivism changed its name to “liberalism.” And now back. Oh, and note that the Nazis’ more famous eugenic programs were not identical to progressives.

** Ponzi-based safety-net pension systems worldwide were designed for growing populations. Oops!

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(Illustration from Margaret Sanger’s “Birth Control Review” from 1918.)

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

Hooray for Congress!

When Congress behaves badly, I criticize. When it works well, I applaud.

I’ve waited a long, long, long time to put my hands together in polite applause.

It happened yesterday.

The U.S. House of Representatives passed a Senate bill, largely along party lines, to give those facing a terminal illness the “right to try.” That is, the right to try experimental drugs and treatments that haven’t yet been approved by the federal Food & Drug Administration (FDA). 

Of course, Congress doesn’t actually give us rights. We have always had the common law right — indeed, the human right — to freely seek a path to wellness when we are ill.

From time immemorial. Even before the FDA.

So, this legislation was, more correctly put, a way to announce that the congressionally-created FDA would stop blocking our freedom . . . provided we are dying and the government-approved medical establishment has no more licensed hope to offer.

The bill now goes to President Trump. “People who are terminally ill should not have to go from country to country to seek a cure,” he declared in his last State of the Union, “I want to give them a chance right here at home.”

Democrats overwhelmingly disagreed. 

“This will provide fly-by-night physicians and clinics the opportunity to peddle false hope and ineffective drugs to desperate patients,” argued Rep. Frank Pallone (D-N.J.).

Rep. Jan Schakowsky (D-Ill.) likewise charged that the legislation “puts patients at risk by allowing the sale of snake oil.”

But of course these patients are dying. That’s already as “at risk” as it gets. Our right to live includes a right to try to live.

This is Common Sense. I’m Paul Jacob.

 

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Accountability free trade & free markets general freedom media and media people national politics & policies responsibility too much government

Working for Whom?

Two articles on Sen. Rand Paul appeared in my Reason feed the other day. Up top.

So it was hard not to look.

They were “John McCain: It ‘Wasn’t Incorrect’ to Say Rand Paul Was ‘Working for Vladimir Putin’” and “Rand Paul’s Plan to Balance the Budget by 2023 Will Get a Senate Vote This Week.”

The latter story is the bigger one, of course. In it, Eric Boehm asked, “Do Republicans have the guts to impose strict spending caps?”

His answer was “probably not.” Good guess.

“Passing the Kentucky Republican’s so-called ‘Penny Plan’ would be a dramatic reversal for Congress,” Boehm wrote, “which earlier this year approved enormous spending hikes that busted Obama-era spending caps and threaten to put the country on pace for a $1 trillion annual deficits. . . . Paul tells Politico that it will be a ‘litmus test for Republicans who claim to be conservative, but are only too happy to grow the federal government and increase our debt.’”

I am afraid the litmus paper has turned . . . red. As in red ink. As in accumulating debt till we drop.

Yesterday Paul’s plan was voted down, 21-76.

In the other Reason piece, Matt Welch noted that Arizona’s senior senator stands by his calumny, last year, against Kentucky’s junior senator. Paul had delayed “ratification of Montenegro’s entry into the North Atlantic Treaty Organization (NATO).” McCain, a gung-ho NATO expansion proponent, accused Paul of “working for Vladimir Putin.”

If Putin really seethes with ill will towards America, wouldn’t he want to see the country burdened with debt?

So, on this vote, those 76 senators who didn’t “stand with Rand” are undoubtedly working for Putin.

This is Common Sense. I’m Paul Jacob.

 


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Photo of Rand Paul by Gage Skidmore | Photo of John McCain from Wikimedia Commons

 

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Accountability crime and punishment education and schooling ideological culture national politics & policies responsibility Second Amendment rights

Cowards All Around

Just-retired Scot Peterson is a millionaire, thanks to the generous taxpayers of Broward County, Florida.

You know Peterson as the sheriff’s deputy assigned to protect students at Marjorie Stoneman Douglas High School, who, instead of entering the building where the shooter was mowing down 17 unarmed students and teachers, protected himself by waiting outside.

Peterson claimed “he remained outside the school because he didn’t know where the gunfire was coming from,” noted BuzzFeed. But “[r]adio transmissions from the day of the shooting have since contradicted Peterson’s defense . . .”

Following the cowardly non-performance of his duty, Peterson promptly retired and began drawing his pension. As the Sun Sentinel newspaper reported Tuesday, his monthly check is for $8,702.35 — an annual salary of $104,428.20.

Should the 55-year-old live to the age of 75, he’ll draw more than $2 million.

In fact, the cowardly Peterson is being further rewarded with a $2,550 annual raise — earning more in retirement than he was earning while actually working.

I use the word “earning” and the phrase “actually working” loosely.

Reacting to the news, the father of one of the murdered students called Peterson’s lavish pension “disgusting” and “outrageous.”

Recoil at the thought of this derelict policeman raking in such mega-moolah during decades of retirement — but that isn’t the only outrage.

How can Broward County afford to pay even their bravest police officers millions of dollars in retirement?

They can’t . . . for much longer.

Regardless, elected officials dare not do anything about it. They fear incurring the wrath of public employee unions . . . and risking their own pension windfalls.

This is Common Sense. I’m Paul Jacob.

 


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Accountability education and schooling folly government transparency insider corruption local leaders moral hazard nannyism national politics & policies responsibility too much government

Reading, Writing & Racketeering

When I attended a public school — many decades ago, in a galaxy far, far away — teachers told students that cheating was unacceptable and would be punished.

Harshly.

Today, the idea has students laughing — all the way to graduation.

Last year, after DC Public Schools officials breathlessly announced massive improvements in graduation rates, several honest teachers broke ranks, and an investigation uncovered massive fraud: a whopping one of every three graduates across the city resulted from falsified records.

Many students played hooky for a third or even half the school year. Administrators also pressured teachers to improve grades to hike the graduation rate.

“The problem,” Washington Post columnist Colbert King concluded, “is systemic indeed.”*

You see, employment evaluations and cash bonuses for teachers and administrators were — and still are — tied in part to student graduation stats. It turns out that an incentive to good work can also serve as an incentive to cheat. Could it be that government employees grading their own work does not encourage honesty?

Just months after confirmation of the worst fears of public school corruption, new allegations against teachers and administrators at Roosevelt High School more than suggest fudging attendance records is ongoing.

“This growing environment of fear and mistrust,” asserts Elizabeth Davis, president of the Washington Teachers’ Union, “has never been addressed and continues to be a disservice to students and teachers.”

City officials have had plenty of time to address the issue. And of the common sense idea that the best way to avoid fear and mistrust is to follow the rules?

Crickets.

This is Common Sense. I’m Paul Jacob.

 


* Nor is the fraudulent behavior limited to dishonestly boosting graduation rates. Former DCPS Chancellor Antwan Wilson resigned back in February after it became public knowledge that his daughter jumped 600 other students on a waiting list for her school. A recent Post story about enrollment fraud, whereby non-residents grab spots at prestigious schools such as the Duke Ellington School of the Arts, without paying the non-resident fee, was entitled, “Stop enrollment fraud? D.C. school officials are often the ones committing it.” Two-thirds of pending cases involve a current or past DCPS employee.

 

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