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Fourth Amendment rights general freedom national politics & policies Popular too much government

Snowden Won?

“The phone records program” that Edward Snowden risked life, limb and freedom to expose “had never thwarted a terrorist attack,” the New York Times informs in a somewhat startling bit of reportage published on Monday.

But that isn’t the startling part. 

The National Security Administration’s unauthorized metadata phone-records collection program was a wish-list snoop system snuck into practice under cover of the Patriot Act. After the Snowden revelation, Congress halted it, replacing it with a similar operation in 2015, via the U.S.A. Freedom Act. But we have long known that U.S. spies could do most of what they “need” without pre- or post-Snowden versions.

What is startling in the Times article, “Disputed N.S.A. Phone Program Is Shut Down, Aide Says,” is there in the title: the federal government’s top spy agency has allegedly not used the program in its Freedom Act version in months, has even closed it.

And the Freedom Act, up for renewal, may just be allowed to die a quiet death.

Nick Gillespie, at Reason, cautions that “the possible end of the USA Freedom Act doesn’t mean the federal government doesn’t have access to all sorts of tools needed to secretly snoop on you, or that your personal data isn’t being collected in any number of ways you have little control over.” And he cites a recent Reason piece on how Patriot Act survellaince powers have been used to bust up a prostitution ring.

Which shows how terrorism is not the only government target. 

And why giving government vast surveillance powers could be used for anything.

Not to mention that niggly problem of abridging the Fourth Amendment rights that had so concerned Ed Snowden.

This is Common Sense. I’m Paul Jacob.


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The Cohen Conspiracy?

The whole “Russia conspiracy” charge, relentlessly picked at and hyped since Donald Trump’s election in 2016 — and, more relevantly, since Hillary Clinton’s loss — suggests that Trump’s an evil mastermind. The infamous “dossier” that included tales of Russian harlots in a suite Barack Obama stayed in, suggests that Trump’s something of a madman as well as a narcissist.

Trump’s former fixer, Michael Cohen, Esq., in his testimony before Congress, has called Trump a racist, con-man and cheat. Cohen has publicly confessed his many grievous sins and technical crimes, re: bribery of hookers, etc., and generally repented of having served as the Evil Trump’s minion. Cohen has pleased Democrats by relentlessly castigating the president’s character, Igor finking on Frankenstein.

One important take-away, however, is that the biggest charge against Mr. Trump appears untrue. Cohen did not go to Prague to meet with Russians to advance some nefarious business-cum-political deal.

So this is the end?

Sure looks like it, but I am waiting for someone to notice that Cohen’s testimony could be a ruse. 

Were Trump truly an evil mastermind, he would have figured that the only way to convince his enemies was to have the testimony of his innocence come from someone who hates him, who says all the right things against him.

In this scenario, Cohen still plays thrall to Trump. He has delivered the poison pill in the sweetest chewable form: his own public defection from Trump.

Is this psyop what’s going on?

Probably not.

But if one sees Trump as both an evil mastermind and a crummy, petty narcissist bordering on buffoon, then what would you believe? Were you right all along . . . but completely played?

This is Common Sense. I’m Paul Jacob.


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national politics & policies Popular

A Congress-Proof Wall?

When members of Congress run for the Presidency, they often talk a good game about acting within the boundaries set by the Constitution . . . but maybe we should roll our eyes, at least a bit, when senators like Elizabeth Warren and Corey Booker complain about President Trump’s Executive Order plan for building his infamous Wall. 

A workaround like that seems like an overstepping of constitutional bounds, sure. But, as Peter J. Wallison wrote for the Wall Street Journal on Saturday, congressional protest suffers from a rather big problem. 

Congress enacted the National Emergency Act in 1976. Since then, presidents have declared 57 emergencies . . . with nary a peep from Congress. And, since “Congress has provided no standard to judge whether an actual emergency exists,” congressional carpers have hardly a constitutional leg to stand upon.

But it gets worse.

Congress doesn’t even have much leverage in the “power of the purse” — for it has given much of that away, too.

For example, when “a Democratic Congress created the Consumer Financial Protection Bureau in the Dodd-Frank Act of 2010,” writes Wallison, “it provided that the agency would be funded entirely by the Federal Reserve, not through annual appropriations from Congress.”

This interests me, especially, since I quoted Senator Elizabeth Warren ballyhooing her support for this very program at Townhall last weekend. She thinks she did something smart in supporting that regulatory body. 

But like so much other ultra-clever legislative conniving, she placed it outside of congressional control.

With genius moves like this, congressional Democrats may have great difficulty restraining President Trump.

Serves them right, of course. But not us — it does not serve the people at all.

We need constitutional limits.

This is Common Sense. I’m Paul Jacob.


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ideological culture national politics & policies too much government

Warren’s No Socialist

Senator Elizabeth Warren knows that when people trade, both sides gain. She made that clear last year, in a fascinating interview in The Atlantic. But then she went blithely on, saying that she could fix markets by creating a “level playing field.”

Markets create value, but Mrs. Warren asserts that “when the markets are not level playing fields, all that wealth is scraped in one direction.” 

How? People are still trading, even in bumpy playing fields. 

She turns to the crisis of 2008, when many people discovered that they had entered into unsustainable mortgages. She explains how her shiny new regulatory program leveled that playing field.

But her scheme did not even out the bumps in the mortgage industry that existed before the crash:

  • the moral hazard of Fannie Mae and Freddie Mac, 
  • the previous congressional “fix” that pushed banks to accept poor people as good loan risks when they were not (in the name of racial justice, of course), 
  • the regulatory rule that created ratings agencies sans competitive market incentives, and
  • the Federal Reserve policies that fed the whole housing bubble mania.

She just added another burdensome layer of government.

Politicans sure love to pile on.

Now she offers a new scheme, a child-care program that Reihan Salam, this week again in The Atlantic, says “risks increasing the federal deficit, driving up the cost of child care, and squeezing stay-at-home parents.” 

And Mr. Salam says that last risk is one Warren should understand particularly well, since she had “made her reputation as a public intellectual by warning against it.”

Warren’s no socialist — she wants to “save capitalism”! Yet by only adding to government kludge, she might as well be one.

This is Common Sense. I’m Paul Jacob.


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general freedom national politics & policies The Draft

National Disservice

Common Sense focused on the draft, last week, specifically the idea of “national service,” too often portrayed as a wonderful enriching experience.

My midweek commentaries “Old Codger Draft,” “The Opposite of Freedom,” and “Green New Conscript?” pinpointed the plethora of problems with enslaving folks. 

On Thursday, I traveled with two threatened members of that now vulnerable population known as “young people” to a public hearing at American University. There I testified for three-and-a-half minutes of the two allotted to me by the National Commission on Military, National, and Public Service. I implored them to “forswear any forced service whatsoever.”*

“That shouldn’t happen,” I said, “in America.”

Then, late Friday, a federal judge ruled that the Selective Service System’s male-only draft registration program is unconstitutional. Since all combat positions are now open to women, a draft registration program excluding women violates the equal protection rights of men. The lawsuit brought by the National Coalition for Men doesn’t ask that registration be extended to women, only ended in its current discriminatory form. 

The judge, however, did not issue an injunction, and there will be an appeal.

“This ruling is going to force the government eventually,” the group’s attorney told the Washington Post, “to either get rid of the selective service requirement or require both sexes to register.”

Between now and the 2020 election, the issue of conscription — for men and for women, for war or for street sweeping — will be before the Congress, the President and candidates for those positions.

Let’s ask them: Whose life is it?

This is Common Sense. I’m Paul Jacob.


* And I offered important advice on the proper website domain name for the Commission, to boot. 

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general freedom national politics & policies The Draft too much government

Green New Conscript?

It can happen here. Congress could simply identify a group of citizens and pass a law forcing them into servitude.

At least, Congress thinks it has this incredibly abusive power . . . even though the 13th Amendment specifically prohibits it.*

In fact, the idea of conscription — not merely for military service, but also for performing the most routine civilian government functions — is this very day being debated in Washington by a congressionally-empowered body: The National Commission on Military, National and Public Service. The commission is charged with advising Congress on whether to expand draft registration to women or end it for men, as well as whether or not to create a mandatory “national service” program for young people.**

“Should Service be Mandatory?” is the title of the afternoon hearing at American University. 

The Brookings Institution’s William Galston and author Ted Hollander will advocate for drafting all young Americans and sentencing each to a year of compulsory service to the federal government. Thank goodness, my friend Doug Bandow, a senior fellow at the Cato Institute, will speak against mandatory national service, as will soon-to-be-friend Lucy Steigerwald, a contributing editor at Antiwar.com. 

The public can comment for up to two minutes, and I certainly will demand the commission abandon any contemplation of assaulting the freedom of young people under the false claim of “national service.” 

True public service is not involuntary servitude to the government. And vice-versa. Americans, even young Americans, have rights.

Tell the Commission to tell Congress: No forced service.

This is Common Sense. I’m Paul Jacob. 


TELL THE COMMISSION: NO

MY STATEMENT: Leave Those Kids Alone


* Regarding the military draft, the U.S. Supreme Court has somehow sidestepped the Amendment’s very clear language.

** No surprise that politicians and “experts” are targeting the politically least established adult age group.

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