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Accountability ideological culture media and media people moral hazard national politics & policies responsibility term limits too much government

The Politics of Inertia

Congress’s failure to establish, last week, any semblance of budgetary responsibility led to one of those “government shutdowns” that the press likes to yammer about so breathlessly.

Then, early this week, Senate holdouts caved, allowing a short-term fix to bring the federal government fully back to life, like the monster in Dr. Frankenstein’s lab given a defibrillator jolt.

Usually these government shutdowns are caused by Republicans not playing along — Obamacare being the sticking point most recently — but this time the desperate negotiators were Sen. Chuck Schumer (D -NY) and his Democrat gang, whose “heroic” stance was all about immigration reform and “the Dreamers.”

After they folded, and the Monster was bequeathed new life, CNN’s Brooke Baldwin asked former Democratic National Committee chair Rep. Debbie Wasserman Schultz what her party had gained from its temporary obstructionism.

Her answer? “Potential for momentum.”

That had to be one of the more bizarrely drawn happy faces over complete and utter failure that we have witnessed since . . . well, the last one.

Even Ms. Baldwin was incredulous.*

The Democratic Party’s disarray is astounding. If any party has momentum on its side, it is the party of Andy Jackson and William Jennings Bryan, the party of the elitist media, insider government and the Deep State, and the resistance to Trump.

So why its current pathetic fortune? Because the Democrats have rested so long upon their “momentum.”

Inertia can sure have its downside.

On the “bright side,” Democrats will have occasion to revisit this, for no real budget has been established. All Congress even tries to do these days is provide temporary fix after temporary fix.

Call it potential for catastrophe.

This is Common Sense. I’m Paul Jacob.

 

* The CNN anchor may have been nonplussed by the specter of entropy in the odd Newtonian metaphor.


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crime and punishment First Amendment rights general freedom ideological culture media and media people moral hazard nannyism national politics & policies Regulating Protest too much government

Twitter’s Merkel Tactics or Merkel’s Twitter Tactics?

Is Twitter cooperating with Germany’s new crackdown on social-media speech because otherwise it risks steep penalties? Or is Twitter just doing what it would do anyway?

When Germany’s new law against unwelcome speech went into effect this year, many Germans protested. “Please spare us the thought police!” was the headline in one top-selling paper, Bild.

The law requires social-media sites to block unapproved content — which includes “hate speech” and “fake news” — within 24 hours or face exorbitant fines. (Of course, every piece of news, no matter how well or shabbily reported, gets decried as hateful “fake news” by somebody.) Under the new law, Twitter suspended the accounts of two officials of the political party Alternative for Germany who tweeted that Muslim men have violent proclivities. Hateful, fake, inexact, whatever, such tweets by themselves threaten nobody and violate nobody’s rights.

Did Twitter act only under duress here?

Well, in the U.S., the company is not ordered by our government to muzzle anybody except perhaps terrorists or persons directly instigating a crime. Yet Twitter regularly suspends or bans users whose speech it considers objectionable. Moreover, it has become notorious for especially targeting speech that can be regarded as on the right end of the political spectrum — while leaving intact the tweet-speech of left-wing micro-bloggers no matter how threatening or abusive.

I don’t say America’s government should become involved. It should certainly not compel Twitter to drop its double standard.

Instead, it is Twitter itself that should become involved . . . and drop its double standard.

This is Common Sense. I’m Paul Jacob.


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Accountability crime and punishment general freedom government transparency ideological culture moral hazard national politics & policies Regulating Protest tax policy too much government

Still at Large

Blogger Paul Caron, dean of Pepperdine Law School, still counts the days since we learned that the IRS was blocking applications for nonprofit status from right-leaning groups at the behest of former IRS honcho Lois Lerner.

Now years later, the agency can still arbitrarily victimize any one of us. Nor have Lerner and other bad guys been brought to justice. Lerner collects a six-figure pension, instead.

And so, on Day 1699, Caron highlighted Kimberly Strassel’s proposal that President Trump make 2018 “the year of civil-service reform — a root-and-branch overhaul of the government itself. Call it Operation Drain the Swamp.” Exhibit A? The IRS and civil “servants” like “Lois Lerner, the IRS official who used her powers to silence conservative nonprofits.”  

And on Day 1709, Caron called our attention to Lerner’s attempt to suppress a deposition she gave in June “for a civil suit that victims [of IRS targeting] brought in 2013.” Lerner thinks we have no right to know why she felt justified in discriminating against applicants for tax-exempt status based on their political viewpoint.

Unfortunately, not everyone cares about justice as much as Caron.

Consider an obtuse Washington Post editorial pretending that the IRS didn’t really target conservative groups. Instead, “conservative groups, their allies in Congress and the IRS itself all bear responsibility” for the appearance otherwise.

And the aftermath.

Uh huh. If only victims of the abuse of power would stop being so indelicate as to object!

This is Common Sense. I’m Paul Jacob.


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Accountability ideological culture media and media people moral hazard national politics & policies

Ho Hum

The President of the United States allegedly had an affair — or a one-night stand with attempts at an affair — with a porn star. And paid her to keep silent. While he was married to his current wife, and his son was an infant. Donald Trump denies it, but a variety of reporters claim to have multiple corroborations.

It’s all very tawdry.

And it looks like it has elicited . . . yawns.

Sure, the newsmedia push it. But the American people seem almost bored.

The election of Donald Trump marks the end of an era, maybe. Trump has overwhelming support from social conservatives, and it isn’t for his morals. Meanwhile, the Left loathes the Donald for alleged mistreatment of women, which they deemed so unimportant when documented against President Bill Clinton that it birthed the “move on” movement.

So, what changed?

The political divide between left and right is now so forbidding that questions of character pale. Democrats won’t like Trump even were he to usher in the Millennium, and Trump might have to tattoo a 666 on his forehead and anoint himself the Beast to shake off his so-con support.

For conservatives, the prospect of a Hillary Clinton presidency, after eight years of Obamamania in the media, was simply too much to bear. Indeed, a large swarth of the Democratic Party faithful didn’t quite trust her.

As for Democrats, the inability to defeat an opposing candidate caught on audiotape bragging about grabbing women’s private parts must be as frustrating as devil-with-a-blue-dress Bill’s success in the 1990s was for Republicans.

Character? So passé.

I wonder if it will come back.

This is Common Sense. I’m Paul Jacob.


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Accountability crime and punishment government transparency media and media people moral hazard national politics & policies privacy Snowden

Clapper into the Clink?

Lying to Congress is a strange crime. A number of people have been prosecuted for it over the years, but Congress isn’t a court of law and, more to the point, Congress may present the densest source of lies in the United States.

The idea that it would be illegal for a citizen to lie to a den of liars is, well, a bit amusing.

But it is illegal, and definitely should be illegal, for government functionaries to give false testimony before Congress.

That’s why the case of the admittedly “untruthful”* James Clapper is so aggravating. When asked by Senator Ron Wyden, on the Senate floor, about data collection of phone calls by the U.S. federal government, he — the director of national intelligence under President Barack Obama from 2010 to 2017 — lied through his teeth.

And had not Edward Snowden leaked information on the National Security Administration’s metadata collection program, we would not have learned anything about it.

No wonder, then, that several congressmen want to prosecute Clapper before March 12, when the Statute of Limitations runs out on his crime. Steven Nelson at the Washington Examiner quotes Rep. Ted Poe (R-Tex.), Rep. Thomas Massie (R-Ky.), Rep. Louie Gohmert (R-Tex.), and Rep. James Sensenbrenner (R-Wis.) as all being in favor of siccing federal prosecutors on the forked tongue spymaster.

Senator Wyden warns that letting lies such as Clapper’s go unaddressed encourages Americans to be cynical about government, and “makes it possible, even probable, for hucksters and authoritarians to take power.”

Too late?

This is Common Sense. I’m Paul Jacob.

 

* Clapper’s March 2013 whopper at the Senate Intelligence Committee hearing was that the NSA was “not wittingly” collecting “any type of data at all” on millions of Americans. Later, to MSNBC, he characterized his artful dodge as having been “the least untruthful” way for him to respond.


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Accountability government transparency insider corruption moral hazard national politics & policies porkbarrel politics too much government

Earmark This Bad Argument

With President Trump endorsing a return to earmarks, House Republicans too are reportedly “reconsidering” their usefulness and pondering “how they might ease back into the practice.” Lawmakers fret that they have lost too much power by giving up this instrument of corruption. (Not their characterization.)

Wikipedia defines “earmark” as a budgetary provision that “directs funds to a specific recipient while circumventing the merit-based or [competitive] allocation process.” An earmark is a taxpayer-funded goodie bestowed on a congressman’s constituent, the sort of crony willing to contribute to the bestower’s next election campaign in return.

Quid pro quo, pay-for-play, bribery. Whatever you call it, there’s darn good reason why political leaders who fight corruption have fought to end earmarks.

Congressional Republicans imposed a ban on earmarks in 2011 to show that they were anti-corruption. So why relapse? Well, “the time is right,” according to GOP Representative John Culberson, for Congress to prove it can use earmarks responsibly. His bad argument is that the “excesses” of a decade ago were committed by “knuckleheads [who] went overboard.”

Somebody alert Culberson to the fact that many of the same knuckleheads are still in office. Ahem. Congress is not yet term-limited, remember?

The more basic point is that earmarks are by nature corrosive of sound government. President Trump’s only metric is apparently “getting [things] done” as opposed to obstructionism, preferring “the great friendliness” when we had earmarks. Sure, stuff got done — a lot more spending, a lot more bad stuff.

To the extent they’re gone, earmarks should stay gone. The only appropriate action is to make it even harder to bring them back.

This is Common Sense. I’m Paul Jacob.


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Accountability general freedom moral hazard nannyism national politics & policies privacy tax policy

Hey, It’s Your Money

I leave it up to you how to spend your own money. You decide, based on your own circumstances and priorities.

Oh, you don’t need my permission?

Of course not.

But some people think that if you spend your own money on your own priorities in accordance with your own judgment, it is indeed a problem. At least when you get to keep more of your own money because of tax cuts.

President Trump has often suggested that recipients of new corporate tax cuts will spend the additional money mostly on increasing wages and hiring new workers. Yet some major corporations reportedly say that they will spend the additional money on paying dividends or buying back shares. Maybe others will buy more advertising, storage space or tools. Various commentators fret. But why should a firm hire new workers if other expenditures would be more productive at the moment?

Of course, in the long run, a company that is more profitable and successful can hire more people and can pay them more.

But wages are not the only expense that companies must cover in order to be successful in the long run. Managers do, and should, devote resources first to the improvements that they conclude are most urgent. That a company’s resources increase because of a tax cut doesn’t alter the necessity or reasonableness of pursuing economic goals in accordance with one’s best judgment.

An approach that, to be sure, also benefits present employees as well as future ones.

This is Common Sense. I’m Paul Jacob.


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general freedom media and media people national politics & policies too much government U.S. Constitution

Happy Birthday, America!

What? Oh, sure, I know the United States of America has its birthday on July 4th, that day in 1776 when the Second Continental Congress adopted the Declaration of Independence.

Let’s agree I’m early. (Oh, how I wish it were July.)

But the interesting thing about history is how we get to those moments wherein the great “we” declare our independence or fill the streets or storm the beaches — or the polls. The many big, important days that lead to THE day.

Today is such a date, because 242 years ago on January 10, 1776, Thomas Paine published Common Sense. Without this day 242 years ago, we wouldn’t have had Independence Day six months later.

Using common and direct language, and speaking to all the “inhabitants of America,” Common Sense made the case for both independence from Britain and the establishment of a democratic republic. Boy, did it make the case. On a per capita basis, Paine’s pamphlet is the bestselling American publication in history.

His pamphlet or parts were read publicly, reprinted in newspapers and spread throughout the colonies. This common man — barely an American,* having landed on our shores in November 1774 — used the universal language, speaking truth to power.

“Every spot of the old world is overrun with oppression,” Paine told his fellow Americans. “Freedom hath been hunted round the globe. Asia, and Africa, have long expelled her. Europe regards her like a stranger, and England hath given her warning to depart. O! receive the fugitive, and prepare in time an asylum for mankind.”

The original idea of these United States was freedom.

And that, my friends, is Common Sense. (I’m Paul Jacob.)

 

* Of course, this makes Paine almost quintessentially American.


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Accountability crime and punishment folly free trade & free markets general freedom moral hazard nannyism national politics & policies too much government U.S. Constitution

The Ninth and the Tenth of It

When Attorney General Jeff Sessions rescinded the Obama Administration enforcement guidelines regarding the states that have legalized (in their 29 different ways) marijuana, last week, supporters of freedom expressed some worry.

But we had to admit, one excuse for Sessions’s nixing of the mostly hands-off policy seemed to make sense on purely legal grounds. If we want to liberalize drug laws, then our Cowardly Congress should do it.

Definitely not the Executive Branch.

And yet, over at the Volokh Conspiracy, Will Baude argues that “the rule of law” does not require “renewed enforcement of the Controlled Substances Act.”

If anything, he argues, it “requires the opposite.”

Baude mostly rests his case on the Constitution’s Commerce Clause, which does not authorize regulation of intra-state trade. An issue on which the AG does possess a duty to weigh in.*

This rubs against FDR-Era constitutional theory, of course, which treats all commerce as regulate-able interstate trade. But this makes no sense. The Tenth Amendment declares that states possess powers not given to the federal government. An interpretation of the Constitution cannot be justified if it effectively nullifies other parts of the Constitution. (If all trade is “inter” state, what’s left for the states? Powers to do what? And how could there be any constraints on federal power?)

And then there is the Ninth Amendment, which states that the people retain rights not listed in the Constitution.

When citizens assert rights — such as the option to cultivate, sell, buy or ingest a common and quite hardy plant — in their states (largely through ballot initiatives), the federal government should butt out.

This is Common Sense. I’m Paul Jacob.

 

* “Members of the executive branch have their own obligation to interpret the Constitution,” Baude writes, “and if a federal law is unconstitutional in part then the executive branch, no less than the courts, should say so. It is the Constitution, not the Court, that is the ultimate rule of law in our system.”


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Accountability general freedom ideological culture media and media people national politics & policies responsibility too much government

The Times Must Change

“Political leaders prefer to project a noble history, sometimes by turning complicity in atrocities into claims of victimhood,” the New York Times informed us last Sunday. “In Russia, Mr. Putin and many of his lieutenants came from the K.G.B. and resisted fully confronting its repressive history. And they, like many of their countrymen, prefer to portray Stalin not only as the architect of the Gulag but also as the leader who built Russia’s industrial might and led it to victory in the Great Patriotic War.”

The Gray Lady here marks the passing of Arseny Roginsky, an organizer and activist who kept alive the memory of state mass murder in his homeland. The Times quotes the late hero as insisting that common talk of “victims of repression” is nowhere near enough. The repression did not merely descend upon the people as “a plague.”

The victims were targets of “state terror.”

But there was something missing in this too-brief notice. Though the Nazis were mentioned, the Union of Soviet Socialist Republics wasn’t.

Communism was not.*

State terror did not infect its perpetrators biologically, like the world’s worst case of x-oplasmosis. It neither descended from the heavens nor ascended from the swamps. The infection was ideologicalthe result of Marxian socialism, of unworkable communism.

By not mentioning socialism or communism or even the USSR, the New York Times carries on its sad history of leftist apologetics. The case of the lying propagandist Walter Duranty — the Times’ award-winning foreign correspondent and author of Mission to Moscow — should have been the last of that.

It isn’t, apparently. The Times still protects its safe-space socialist readers.

This is Common Sense. I’m Paul Jacob.

 

* The omissions were also present in the Timesinitial obituary.


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