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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When Attorney General Jeff Sessions rescinded the Obama Administration enforcement guidelines regarding the states that have legalized (in their 29 different ways) marijuana, last week, supporters of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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Accountability folly ideological culture local leaders media and media people national politics & policies

Where Have You Gone, Al Franken?

Today, finally, is the day. Barring some last-minute hijinks in the extended resignation ritual announced almost four weeks ago by Sen. Al Franken (D-Minn.), the comedian turned cad turned politician turned pervert leaves his U.S. Senate seat.

And hopefully keeps his mitts off other people’s seats to boot.

Even without deadline hijinks, the Franken saga has been strange. After hearing Franken’s resignation statement on the Senate floor, CNN’s Chris Cizzilla wrote, “He didn’t believe he had done anything for which he should have been forced to resign.”

But note: No one “forced” Senator Franken to step down. As my Sunday Townhall.com column reminded, he did so voluntarily. 

Why?

Peer pressure. Three-quarters of fellow Democratic Party senators demanded Franken leave, to clear the way for election-year attacks on Republican sexual sleaze-balls without partisan distraction.

And now some cry crocodile tears. They want the no-longer-amusing Franken out. Sure. But they also wish to continue the pretense that Franken is a wonderful fellow just the same.

“His voice will be stronger than ever,” argued fellow Minnesota Sen. Amy Klobuchar—ridiculously. A Vox article was headlined, “Al Franken resigned amid sexual misconduct allegations, but Democrats aren’t making him leave in disgrace.”

Is it a paraphrase of the old joke: “Don’t go away in disgrace, Senator, just go away”?

But Franken is leaving in disgrace. Should be.

Eight women have come forward with allegations of sexual misconduct. The senator’s response has been to publicly apologize, profusely, and then, later, claim that “some of the allegations” are “not true.”

Others he remembers “differently.”

Not good enough, ex-senator.

This is Common Sense. I’m Paul Jacob.


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general freedom government transparency ideological culture moral hazard national politics & policies too much government

A Tale of Two Sectors

“It was the best of times, it was the worst of times,” begins Charles Dickens’ popular 1859 novel, A Tale of Two Cities. The British master was not prophesying our times. He was describing the period of the French Revolution.

But the judgment feels awfully familiar.

Over at the Foundation for Economic Education, Antony Davis and James R. Harrigan talk up the case for “the best of times,” for optimism: “Global illiteracy rates are below 14 percent. Global rates of extreme poverty are below 10 percent. Despite there being more people currently alive on the planet than ever before, there are also more calories per capita than ever before.”

Davis and Harrigan provide actual reasons for thankfulness as we meet the New Year.

Is there a case for pessimism, nevertheless? Yes. And Davis and Harrigan discuss at length a topic covered here earlier this month: the Ballou High School educational improvement scandal.

Optimism and pessimism, rationally speaking, fall into two camps: private sector progress and government-sector regress.

So, following Dickens’ checklist, ours is an age of

  • wisdom and foolishness —  check (both)
  • belief and incredulity — check (pick your subject)
  • Light and Darkness — check (just move your eyes from higher ed’s hard science departments to the humanities)

and on and on.*

But the most unsettling thing about the “best of times” is that sometimes the great feeling of ebullience can end suddenly: one feels great in free fall — unburdened! free! — right before one hits the pavement.

Splat.

Maybe the best thing we can do this coming New Year is watch our governments as if we were hawks. To avoid the splat.

This is Common Sense. I’m Paul Jacob.

 

* Dickens’ long and memorable first paragraph: “It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness, it was the epoch of belief, it was the epoch of incredulity, it was the season of Light, it was the season of Darkness . . .”


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Accountability incumbents insider corruption local leaders moral hazard national politics & policies responsibility

Queen Sheila: Terror of the Skies

What’s all the fuss?

Congresswoman Sheila Jackson Lee (D-Tex.) was escorted ahead of all the other passengers onto a United Airlines flight from Houston to Washington, D.C., taking seat 1A in first class.

The congresswoman described it as “nothing exceptional or out of the ordinary.”

Meanwhile, Jean-Marie Simon possessed a boarding pass for seat 1A; she attached a photo to her Facebook post. Yet, Simon was stopped when boarding the plane and told her ticket had been cancelled.

Who cancelled it? United claimed Simon did.

Simon said that’s bunk — and it does seem strange to cancel your flight and then moments later attempt to board.*

“Since this was not any fault of mine,” Rep. Jackson Lee offered, “the way the individual continued to act appeared to be, upon reflection, because I was an African American woman . . . an easy target. . . .”

’Tis the season to cry “racism.”

And yet the congresswoman characterized herself as “kind enough” to apologize “out of the sincerity of my heart” —  and “in the spirit of this season.”

Doubt her kindness? You have reason:

  • In 2014, Rep. Jackson Lee won Washingtonian magazine’s contest for “meanest” member of Congress — garnering, incredibly, seven times as many votes as the second-place finisher.
  • Years ago, after several incidents, Continental Airlines told Jackson Lee that she had to behave or find another airline.
  • “You don’t understand,” the congresswoman once reportedly shouted at a staffer. “I am a queen, and I demand to be treated like a queen.”

Not “Queen for a Day,” mind you: Sheila Jackson Lee has been a congressional queen for the last 23 years! And today she is the ranking Democrat on the subcommittee on transportation security.

Feel more secure?

This is Common Sense. I’m Paul Jacob.

 

* And, if it was truly her own fault, United appears to be overcompensating in compensating Simon, giving her a seat in Economy Plus, a $500 voucher and numerous apologies (though not yet in writing).

 

Additional Background Information
Daily Caller: Congressional bosses from Hell: Sheila Jackson Lee (2011)
Weekly Standard: Sheila Jackson Lee, Limousine Liberal (2002)


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Accountability folly ideological culture media and media people national politics & policies tax policy too much government

The Hyperbole Is Falling

A mad killer is on the loose!

That is one way to get attention . . .

The sky is falling!

You are getting the idea . . .

Trump is literally Hitler!

Extravagant hyperbole is not necessary to criticize the current President. Indeed, as Chicken Licken and the Boy Who Cried Wolf demonstrate, that can backfire. Especially when you are complaining about something on which Trump has proved to be pretty darn good — the tax bill, for instance.

Nevertheless, as it passed through Congress, Democrat pols and the major media dinosaurs have doubled down on overstatement: A “middle-class con job” was Sen. Ron Wyden’s characterization; singer-actress Barbra Streisand (presumably now living in Australia or Canada), re-tweeting a New York Times piece on “the Great American Tax Heist,” accused Trump of pushing the bill for “personal gain”; Bernie Sanders calls it a “tax cut for billionaires” who, instead of being helped, he says, should be “asked to pay more in taxes.”

Yes, the richest (by and large) will get the most reductions, since they pay the most taxes already. Bernie should be reminded that it is the very nature of taxes that “ask” is the wrong active verb. And calling a cut in what’s taken from taxpayers a “heist” is too absurd for commentary.

It does look like most taxpayers will get tax relief. That’s good. Alas, the debt may grow larger, depending on the economic growth spurred by the tax reform. But I notice that the Democrats tend to complain about deficits only when Republicans are in charge. And vice-versa.

Partisan Derangement Syndrome at work.

This is Common Sense. I’m Paul Jacob.


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