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Accountability crime and punishment general freedom moral hazard national politics & policies Regulating Protest responsibility too much government

Too Much – Part 2

Yesterday, we discovered that modern America asks police to do “too much.” Which prompts the next question: What should police stop doing?

Here are two immediate reforms where police can do less, while protecting the public more:

     (1) End the War on Drugs. Preventing violence and fraud is the rightful role of police. Not preventing people from engaging in activities that are peaceful, however misguided or self-​harming. The criminalization of marijuana means more than 150 million Americans are criminals, warranting police involvement.

Now, Mr. Obama has released some convicts serving long drug-​related sentences, but we need a president who will go much farther in changing law enforcement priorities.

     (2) Stop Using Civil Asset Forfeiture, whereby police steal people’s stuff without charging and convicting those people of any crime. Not only do federal agencies from Justice to the IRS take our property in violation of our rights, but the Feds encourage state and local police to join them in this bad behavior through their “equitable sharing” program.

While Obama has spoken against seizing assets without a criminal conviction, he hasn’t stopped it. And he could at the federal level, with a stroke of his pen — as I have advocated at Townhall. Ending civil asset forfeiture is an executive order actually within his constitutional power.

Would these two steps end all racism or violence or crime? No, no, no.

They would be, however, two steps forward toward a more principled, lawful and respectful style of policing that would better serve to unite rather than divide citizens and police.

It’s a different two-​step than reformers have been witnessing.

This is Common Sense. I’m Paul Jacob.


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Accountability crime and punishment moral hazard national politics & policies responsibility too much government

Too Much

When President Obama said, “[W]e ask the police to do too much,” at the memorial service for the five slain Dallas policemen, he was echoing an idea previously expressed.

“We’re asking cops to do too much in this country,” Dallas Police Chief David Brown told reporters a day earlier. “Every societal failure, we put it off on the cops to solve,” he added, noting such problems as a lack of mental healthcare, rampant drug abuse, substandard schools and even roaming dogs.

So, what should police stop doing?

Plenty. But I’ll save that answer for tomorrow. Today, let’s pose another: Why so much crime, poverty, and violence in these communities?

Mr. Obama fingered not taxing-​and-​spending enough on benefits for the poor, including for “decent schools,” “gainful employment,” and “mental health programs.” Yet, after decades of expensive wars on poverty, illiteracy, drug abuse, etc., things have only gotten worse.

“We flood communities with so many guns,” the president intoned, “that it is easier for a teenager to buy a Glock, than get his hands on a computer or even a book.”

He’s playing fast and furious with the truth. Books are free at the library. Glocks cost money.

And who is this “we” he keeps bringing up?

Chief Brown mentioned a critical problem Obama did not: “Seventy percent of the African American community is being raised by single women.”

Police cannot solve all our problems, sure, but they especially cannot fix problems exacerbated by the welfare state and the educational system. Big government is no substitute for Mom and Dad.

Even freedom merely offers the opportunity to fix our own problems.

This is Common Sense. I’m Paul Jacob.


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crime and punishment First Amendment rights general freedom initiative, referendum, and recall nannyism national politics & policies political challengers responsibility too much government

A Private Party

Virginia delegate Beau Correll won’t cast his first ballot vote at the Republican National Convention for Donald Trump, and won’t go to jail, either.

As discussed last Thursday, at issue is a state statute requiring* delegates to vote for the plurality winner of the party’s primary. On the Republican side, that’s Mr. Trump. Yesterday, Federal Judge Robert Payne ruled the law unconstitutional, no law at all, because it violates Correll’s First Amendment rights to speak and associate politically.

“In sum, where the State attempts to interfere with a political party’s internal governance and operation,” the federal judge wrote, “the party is entirely free to ‘cancel out [the State’s] effort’ (Def. Resp. 28) even though the state has expended financial and administrative resources in a primary.”

Love ’em or hate ’em, political parties are private associations, properly protected by the First Amendment.

But is it fair to hold primary elections, at taxpayers’ expense, and then ignore the votes of so many people?

Easy answer: NO.

Sure, Judge Payne correctly struck this statute, but it doesn’t follow that states must foot the bill for party primaries and national conventions or provide legal preference. Up to now, incumbent politicians have quietly legislated a relationship of too-​friendly collusion between government and the major parties.

It’s time for citizens to look at initiatives to mandate separation of political party and state.

More immediately, the implications for the coming GOP convention in Cleveland are obvious and far-​reaching. “The Court’s decision,” as Correll’s attorney David Rivkin summarized, “follows more than 40 years of precedent in firmly rejecting Donald Trump’s legal opinion that delegates are obligated by law to vote for him.”

The delegates are free.

This is Common Sense. I’m Paul Jacob.

 

* Penalty for non-​compliance? One year in prison.


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Accountability responsibility

Algal Mess

Florida’s inland waters are clogging up with algae. You can now see the “algae bloom” from space.

What’s the big deal? Well, it stinks. “The blue-​green algae, also known as cyanobacteria, contain toxins that are highly dangerous to humans,” explains Harry Sayer at the Orlando Weekly. “Ingestion may cause nausea, vomiting, and liver failure.” No wonder, then, that the State of Florida is in alarm mode, preparing to spend millions of dollars to fight it.

The problem is: fighting water plants is not easy.

Easy or no, it’s a crisis. Animals are “in distress, some are dying,” says a resident of a beach town to which the algal mess has spread. Tourism? Gone. Who wants to smell that mass of green gunk? Gov. Rick Scott has declared a state of emergency. Understandable.

Over at ClimateProgress, Samantha Page has found something else to attack:  “Climate Denier Marco Rubio Tries To Tackle Toxic Florida Algae, Is Baffled By Cause.” Now, Florida Senator Marco Rubio ® is not a “climate denier” — a term of art that should make everyone, including environmentalists, cringe. He doesn’t deny the existence of climates. Or climate change. Page quotes him as being skeptical of the effectiveness of proposals to turn the direction of climate change around, back to its previous conditions, to which we have comfortably adapted.

Well, that’s his job.

Still, it is almost certain that increased CO2 in the atmosphere has aided algae growth here and elsewhere. It’s nature’s response. Algae converts the gas to biomass and oxygen.

But Page is also right: the state should look into industrial and agribiz pollution, too, as causes. That is, after all, a basic function of law and government.

This is Common Sense. I’m Paul Jacob.


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Accountability crime and punishment general freedom national politics & policies political challengers responsibility

Delegates Imprisoned

Can you go to jail for voting for the wrong person?

We may find out today, in a federal court in Richmond, Virginia. Judge Robert Payne will hear motions in the case of Correll v. Herring. Attorney General Mark Herring is being sued in his official capacity by Beau Correll, a Republican delegate who refuses to vote for Donald Trump.

Correll is the named plaintiff in this class action challenge to a Virginia statute that binds delegates attending presidential nominating conventions to vote for the plurality winner of their state party primary, which was Mr. Trump.

The penalty for not tallying for Trump? As much as a year behind bars. And a fine.

Correll’s attorney, David Rivkin with Baker & Hostetler, has asked the judge to issue an injunction blocking enforcement of the statute against Correll and all other Virginia delegates. The ruling wouldn’t affect delegates beyond Virginia, yet the implication would be obvious: state laws binding party delegates to vote according to the primary results are unconstitutional.

Trump supporters aren’t taking this lawsuit lightly; several have moved to intervene — on the side of the AG. They’re right to be concerned: a delegate revolt to dump Trump has been brewing for weeks. And the legal precedents are all on the side of political parties controlling their own nominating process, leaving state governments no legitimate role.

It’s long past time to break the crony connections between government and the two major political parties.

Let’s stop all taxpayer subsidies for party primaries and conventions. But let’s also recognize that the delegates meeting in convention should be free to do … well, whatever they choose. After all, it’s their party.

This is Common Sense. I’m Paul Jacob.

BIG PICTURE: Why the case really matters!

With the results of Correll vs. Herring, we may also find out if the Republican and Democratic (and Libertarian and Green) Parties are private organizations, with First Amendment protection for their freedom to associate without government interference. Nothing could be more heavy-​handed than threatening delegates with incarceration if they vote their conscience — or even follow the state party’s rules, which call for delegates to be awarded proportionately rather than winner-​take-​all as Virginia’s statute requires.

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Common Sense free trade & free markets general freedom ideological culture initiative, referendum, and recall responsibility tax policy term limits U.S. Constitution

Trying Our Souls

In Common Sense, his incredible hit pamphlet of 1776, Tom Paine appealed to “the inhabitants of America”:

O ye that love mankind! … Every spot of the old world is overrun with oppression. 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.

Today … well, our country might be mistaken for an asylum. Just not the type envisioned by Mr. Paine

Worse still, freedom in America is under consistent attack.

Following the Orlando terrorist massacre (and don’t forget, “hate crime”), who could be surprised at yet another rush to infringe on Second Amendment rights by legislation? But I must admit I was still naïve enough to be shocked that not a thought was given to making our Fifth Amendment rights to due process so much collateral damage.

Secretly writing names on a classified list, whether you call it a “no-​fly list” or the “terrorist watch list,” and using merely that to bureaucratically deny citizens fundamental rights (“top ten” rights, as in No. 2 and No. 5 in the Bill of) is no process of law at all.

Who could so cavalierly toss away the very bedrock of our freedom? It’s as if our so-​called representatives don’t give a hoot about our rights.

Common Sense readers are well aware that two years ago every Democrat in the U.S. Senate voted to repeal the key freedom of speech provision of the First Amendment. The goal was to completely reverse the current wording of “Congress shall make no law” with new wording that incumbent legislators in “Congress and the States may regulate … the raising and spending of money by candidates and others to influence elections.”

The amendment didn’t pass. Thankfully. But, frighteningly, it continues to be promoted. Presidential candidate Hillary Clinton has endorsed it. Most folks are ignorant about the extremism of the approach, because the media reports mainly that the amendment reverses Citizens United, something the amendment actually doesn’t do.

The amendment simply awards Congress so much power that the highly-​disapproved body could do almost anything.

Most people also don’t realize that the Citizens United case was about the Federal Election Commission (FEC) censoring advertising for a movie about Hillary Clinton, produced by a non-​profit corporation.

Speaking of government censorship of the press, the FEC had been threatening Fox News with major fines for making corporate contributions to 17 GOP presidential candidates. What happened? The cable news channel decided to expand from a single debate featuring 10 candidates to two debates with the earlier “undercard” debate featuring an additional 7 candidates. A candidate not chosen to be one of the 17 candidates filed a complaint against Fox, alleging it amounted to an illegal contribution to all 17 candidates.

The FEC recently closed the case without beating up the disfavored news channel only because three Republican commissioners blocked three Democrats. The case should not only be closed, it should never have been brought in the first place. We don’t want our government dictating to the media about political debate coverage.

Or anything else.

And how can major federal agencies provide equal protection to all citizens, when they are staffed according to political party to provide protection for Republicans and Democrats? More of us are independents than either Rs or Ds.

The war against political participation isn’t confined to Washington. I know from my ordeal in Oklahoma nearly a decade ago, when for assisting initiative petition campaigns for a spending cap and eminent domain reform, I was charged with conspiracy to defraud the state and threatened with ten years in prison … until a year and a half later when, without ever completing even a preliminary court hearing, the charge was dismissed.

I’ve seen Eric O’Keefe and other brave citizens in Wisconsin endure dawn SWAT-​style police raids for the awful crime of campaigning in favor of government policies they support.

And, of course, how can we forget that no one has been held in any way accountable for the years that the IRS blocked the formation of Tea Party and conservative and libertarian groups?

This country is in trouble.

In addition to the assaults on our rights, especially the right to participate politically, there is the dysfunction at all levels of government. Among the big national problems of massive debt and constant war, we find smaller local issues that signal a deeper, bigger problem.

Common Sense has long covered the school kid suspended for drawing a gun or eating one’s PB&J sandwich into a pistol or the school that photo-​shopped out the musket from their Minuteman mascot. This last year we followed many of the twists and turns to the story of the Meitivs, the Maryland family that dared allow their two children, ten and six years of age, to walk home from a public park. The children were obviously well cared for, but nonetheless they were picked up and held by police several times and the parents were long threatened with losing their kids.

It took over a year for the authoritarians with Child Protective Services to agree that kids walking home from a park in broad daylight did not constitute prima facie evidence of child abuse or neglect. And to agree to leave the poor Meitiv family alone.

Common Sense has also highlighted the racketeering being done by police forces federal, state and local through what’s known as civil asset forfeiture — again, a complete denial of basic rights. Under current law — or more correctly, lawlessness — police can take people’s property and money when detaining them and then keep it, even if the person is never convicted of a crime, or even charged.

This suspension of the fundamental concept of “innocent until proven guilty” must not stand.

But who is going to stop it? Not just this one outrageous rip-​off, but the whole societal slide to a system where individuals have no rights, especially if they lost the last election, and government makes more and more of our decisions for us.

Hillary Clinton?

Donald Trump?

Your state’s legislators? Your city council? Your congressman?

You and I must stop the erosion of our liberties. We have the tools — especially with state and local ballot initiatives available to most of us, allowing us to seize the agenda at the time and on the issue(s) of our choosing.

Liberty Initiative Fund works with Liberty Initiators across the country to hold government accountable, fight crony capitalism and protect our liberties through state and local ballot initiatives. Contributions are not tax deductible, but pack a powerful punch for liberty.

Citizens in Charge and Citizens in Charge Foundation protect the critical initiative and referendum process, so citizen activists can reform government and limit power. Donations to Citizens in Charge Foundation are fully tax-deductible.

The Foundation also supports Common Sense, which I offer the modern inhabitants of America to help keep us focused on the most important problems we face, with intermittent seriousness and humor, as well as uniting active allies from across the country, each pursuing their own issues in their own communities.

Today, I’ll enjoy being with the people I love and I’ll take some time to celebrate the birthright of freedom forged for you and me 240 years ago.

But I won’t pretend that freedom will be there for me or for mine unless together we forge our future freedom anew.

This is Common Sense. I’m Paul Jacob.


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