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general freedom property rights Regulating Protest

Don’t Destroy Farmers

It’s lucky that today’s anti-​agriculture tyrants weren’t around when the Fertile Crescent was just getting going.

But they’re here now.

And they seem hell-​bent on destroying farms.

That’s what thousands upon thousands of European farmers are saying, anyhow, and we should listen to them. After all, they provide the food we eat. We need to eat in order to survive. If we don’t survive, we can’t continue living. So, whatever we do, let’s keep the farmers.

But that’s not current policy, at least in Europe. In the Netherlands, Belgium, and elsewhere, powerful political interests continue their crusade to shut down thousands of farms in the glorious cause of pursuing “climate goals” which, they believe, by being achieved will enable the fine-​tuning of the weather and the creation of the best environment.

Or at least to say they gave it the old college try.

“I want to have the possibility to continue my dad’s farm,” Brendt Beyens told the AP. “But right now I feel like the possibility of that happening is slowly shrinking and it’s getting nearly impossible.”

So once again, thousands of tractors are clogging the streets, this time in Brussels, the capital of Belgium (video of the protest is on Twitter). The farmers object to being destroyed. They have a point.

Nor is it just about the livelihoods of sodbusters. With food prices rising worldwide and the threat of serious famine looms in Africa and parts of Asia, it’s also about saving lives.

My advice for today is don’t destroy farmers.

This is Common Sense. I’m Paul Jacob.


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free trade & free markets property rights too much government

First, Stop Doing That

If a government’s taxes and regulations are making shelter ever more expensive, what should that government do instead?

Stop pushing the disastrous policies, perhaps?

Unlike some other governors who shall remain nameless (one of them rhymes with “DeSantis”), Virginia Governor Glenn Youngkin understands that you don’t make things better by making them worse.

In August, Youngkin bluntly told a state senate committee that Virginia homes are too expensive and that a major cause is government interference with the market: “unnecessary regulations, over-​burdensome and inefficient local governments, restrictive zoning policies, and an ideology of fighting tooth and nail against any new development.”

The many bottlenecks include low-​density zoning rules that permit only a single house per property. Arlington County, Virginia, is one local government working to reform zoning so that more houses can be built on a property.

In November, Youngkin proposed a Make Virginia Home plan to unravel many regulations. City Journal notes that although the plan is “short on details,” it’s a good start.

Under the governor’s plan, the state would streamline environmental reviews, investigate how to liberalize the state’s building codes and land-​use and zoning laws, impose deadlines on local governments to speed up approvals of development, and give local governments incentives to adopt their own market-​liberating reforms.

This agenda is indeed only a beginning. But it does recognize a major cause of sky-​rocketing housing costs and what must be done to begin to reduce those costs.

That’s just Common Sense. I’m Paul Jacob.


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folly nannyism property rights

Vandalized, Scandalized

Store owners have another reason to get the heck out of that derelict-​enabling and increasingly unlivable town, San Francisco. The city fines businesses for the crime of being vandalized by graffiti artists.

This form of harassing property owners is nothing new, but the city had temporarily reduced enforcement during the pandemic.

The policy is unjust in at least two ways.

First, there should be no fines for being hit by graffiti-​vandals. It’s the vandals who should be punished, not the victims. Moreover, as Reason magazine points out, “Unlike accumulated trash, noise, or other standard nuisances, graffiti isn’t inherently offensive.”

Rather, it is the city that is being offensive by treating an owner’s property as if it were its own and penalizing owners if their property lacks the appearance that the city ordains.

Second, even granting the legitimacy of requiring property owners to clean up the graffiti, the policy as imposed is abusive. Businesses are being fined repeatedly for graffiti that they don’t magically remove at lightning speed and that the vandals, undiscouraged, simply slap back on anyway.

“I can’t even count,” Michael McNamara, manager of the restaurant Above Ground (now closed), told the San Francisco Chronicle last year. “The paint dries and you deal with another one.” The city had dunned Above Ground with at least three $300 bills for the graffiti.

Rewarding destructive behavior while punishing those whose way of work and life makes civilization possible is no way to run a city — but it is a way of running the good people out of town.

This is Common Sense. I’m Paul Jacob.


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Common Sense free trade & free markets general freedom property rights responsibility

Farming Is Fundamental

If you live in Maine, you may now grow your own food. The right to do so has been safeguarded in the state constitution.

If you have the right to life and to sustain your life, surely you have a right to farm. As we all know, though, governments regularly find excuses to interfere with all kinds of peaceful activities.

So this past November, Maine voters passed a constitutional amendment authored by Rep. Billy Bob Faulkingham (whose energetic campaigns for freedom have previously caught Common Sense notice) and proposed by the legislature. 

Maine’s Right to Food Amendment makes clear that “All individuals have a natural, inherent and unalienable … right to save and exchange seeds and the right to grow, raise, harvest, produce and consume . . . as long as an individual does not commit trespassing, theft, poaching or other abuses of private property rights public lands or natural resources in the harvesting, production or acquisition of food.” (So there’s no California-​style de facto “right” to loot.)

Foes of the amendment worry that it will enable people to bypass regulations.

Let’s hope so. 

Don’t we want the new law to ban governments in Maine from banning agriculture for the sake of “esthetics,” protecting Big Milk, or any other rationalization for foiling farming on a person’s own property?

And for the idea to spread to the other states, where far too often the scales of justice don’t properly consider the citizen’s right to produce food against the bureaucrat’s regulations frustrating same. 

This is Common Sense. I’m Paul Jacob.


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free trade & free markets property rights

Unions Must Stop

Golden State labor organizers want to be able to trespass on the property of companies to recruit new workers. But companies don’t want their operations periodically disrupted by trespassers.

Typical kind of political disagreement. One party wants its rights to be respected; the other wants to violate those rights.

That was pretty much where things stood in the Golden State until the California Supreme Court’s 6 – 3 decision last summer, which invalidated the relevant provision of the California law that had empowered unions to disrupt business for hours a day for up to a third of the year.

Let me repeat that: for hours a day for up to a third of the year.

The petitioners in the case were Cedar Point Nursery, which produces strawberries, and Fowler Packing Company, which produces grapes and oranges. Pacific Legal Foundation pursued the litigation on their behalf.

On September 1, a California district court followed up. In light of the high court’s decision, the district court ruled that the state can’t enforce union access without “just compensation” to property owners for temporarily taking their property.

This seems like an unnecessary and contradictory hedge, a misunderstanding of the context in which just compensation for government-​authorized taking of a property for public use properly applies (if ever).

But, practically speaking, the rulings mean that California businesses have now escaped at least one of the many hassles that are encouraging so many to flee the state.

PLF attorney Wen Fa says that agricultural businesses in California can now function “without the threat of unions trespassing on their property and disrupting their workplaces.”

This is Common Sense. I’m Paul Jacob.


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judiciary property rights

Landlords Defended, Sorta

In late June, the Supreme Court declined to end an unlawful CDC-​enacted national moratorium on evictions.

Things have apparently changed. The court just ruled — in a 6 – 3 decision — that the “balance of equities” has tilted in favor of qualified deference to property rights and letting landlords try to financially survive.

Now it will be easier, or possible, for many beleaguered property owners to maintain properties — on which they depend for their livelihoods and tenants depend for things like heat as well as their residencies.

The three dissenters on the high court say that the “balance of equities” still tilts the other way, in favor of violating the property rights of landlords to help tenants unable or unwilling to pay the rent.

The court’s decision does not mention property rights. It does cite a 1972 precedent that cites other precedents “[requiring] Congress to enact exceedingly clear language if it wishes to significantly alter the balance between federal and state power and the power of the Government over private property.”

Of course, the U.S. Constitution gives Congress no authority to violate individual rights at will — even if it uses exceedingly clear language to do so. The Constitution does not say it’s OK to violate the Constitution.

What now? 

Many landlords are still subject to state or municipal restrictions on evictions that this decision does not overturn. But the ruling may help them press for relief.

And we must hope that the U.S. Congress doesn’t get around to intelligibly re-​revoking the rights of property owners.

This is Common Sense. I’m Paul Jacob.


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