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Common Sense Popular

The Cattle Are Restless

“There is one law for man,” goes an ancient saying, “another for cattle.”

Moo.

Glenn Reynolds, writing in USA Today, sees this principle in operation now, where the ruling class gets away with a whole heckuva lot while the rest of us do not: “Freedom from consequences: It’s the defining consequence of our modern titles of nobility.”

Reynolds cites Charles W. Cooke for the “titles of nobility” angle. Cooke, who hails from Britain but was recently inducted into American citizenship, has objected to the “grotesque’ American tradition of continuing to use a person’s former title in government service long after the officeholder has left the post. 

“Throughout the 2012 election, Mitt Romney was referred to as ‘Governor Romney,’ though he had not been in public office for six years,” Cooke wrote. “One can only ask, ‘Why?’ America being a nation of laws and not men, political power is not held in perpetuity, and there is supposed to be no permanent political class.”

“Americans do not have rulers, they have employees,” Cooke asserted. 

If you are like me, you have probably made this point umpteen times in the last few decades.

Reynolds goes on to make the obvious corollary: our public servants do not behave like our “employees.” They behave like our rulers.

Their class privilege is now deep into our law — even if some doctrines, like absolute immunity, were just invented by judges to protect prosecutors and … judges.

Maybe the first step to upend this would be to balk at ceremony. Our exes Jimmy Carter, the two George Bushes, Bill Clinton and Barack Obama should not be addressed as “President X.”

“Mister” will do.

This is Common Sense. I’m Paul Jacob.

 


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Original photo by Beverly

 

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Common Sense

The Not-​Saint Timothy

Some people believe that aggression is physical force and nothing else. From this they derive the notion that only physical violence should be prosecuted — or, more generally, retaliated against with force. 

But it is obvious that some invasions of private property or personal space, with malice and anger and alarming unhinged-​ness, are aggressive.

And should be prosecuted in law.

Take the current case of Timothy Trybus, who is testing a further point of law that especially concerns those of us strongly motivated to focus on initiated force.*

“It is pretty clear,” writes Jacob Sullum in Reason, that the man “broke the law when he harassed Mia Irizarry for wearing a T‑shirt featuring the Puerto Rican flag at a park in Chicago last month.”

Mr. Trybus was drunk, and he “got in her face,” so to speak, challenging her in a not-​unusual nationalistic/​pseudo-​patriotic/​jingoistic fashion that seems old-​fashioned and up-​to-​date Trumpian:

  • “Why are you wearing that?”
  • “This is America!”
  • “If you’re an American citizen, you should not be wearing that shirt in America.”

Puerto Rico may not be a state, but … the proper reaction might have been to challenge the not-​Saint Timothy to a bit of patriotic one-​upmanship: “How can you be so un-​American as to object to an American commonwealth flag?”

He’s now being prosecuted for a hate crime as well as assault. Though he may never have touched the woman, his aggressiveness is legally regarded as a threat of force.

Understandably. But if the hate crime thing sticks, will antifa and other obvious anti-​American thugs be given that extra legal consideration in similar situations?

This is Common Sense. I’m Paul Jacob.

 


* Which, I confess, I like to think of as “all civilized people.” But I may be optimistic. Reducing violence is an almost universal desire, and the question of who started violence is nearly universal. But the focus is, well, in our times called “libertarian.”

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Photo from Max Pixel

 

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Common Sense

George Mason

Introduced by George Mason at the Virginia Convention in the Capitol in Williamsburg.
Unanimously adopted June 12, 1776:

A DECLARATION OF RIGHTS made by the representatives of the good people of Virginia, assembled in full and free Convention, which rights do pertain to them, and their posterity, as the basis and foundation of government.

  1. THAT all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.
  2. That all power is vested in, and consequently derived from, the people; that magistrates are their trustees and servants, and at all times amenable to them.
  3. That government is, or ought to be, instituted for the common benefit, protection, and security, of the people, nation, or community; of all the various modes and forms of government that is best, which is capable of producing the greatest degree of happiness and safety, and is most effectually secured against the danger of mal-​administration; and that whenever any government shall be found inadequate or contrary to these purposes, a majority of the community hath an indubitable, unalienable, and indefeasible right, to reform, alter, or abolish it, in such manner as shall be judged most conducive to the publick weal.
  4. That no man, or set of men, are entitled to exclusive or separate emoluments or privileges from the community, but in consideration of publick services; which, not being descendible, neither ought the offices of magistrate, legislator, or judge, to be hereditary.
  5. That the legislative and executive powers of the state should be separate and distinct from the judicative; and, that the members of the two first may be restrained from oppression, by feeling and participating the burthens of the people, they should, at fixed periods, be reduced to a private station, return into that body from which they were originally taken, and the vacancies be supplied by frequent, certain, and regular elections, in which all, or any part of the former members, to be again eligible, or ineligible, as the laws shall direct.
  6. That elections of members to serve as representatives of the people, in assembly, ought to be free; and that all men, having sufficient evidence of permanent common interest with, and attachment to, the community have the right of suffrage, and cannot be taxed or deprived of their property for publick uses without their own consent, or that of their representatives so elected, nor bound by any law to which they have not, in like manner, assented, for the publick good.
  7. That all power of suspending laws, or the execution of laws, by any authority without consent of the representatives of the people, is injurious to their rights, and ought not to be exercised.
  8. That in all capital or criminal prosecutions a man hath a right to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, to call for evidence in his favour, and to a speedy trial by an impartial jury of his vicinage, without whose unanimous consent he cannot be found guilty, nor can he be compelled to give evidence against himself; that no man be deprived of his liberty except by the law of the land, or the judgement of his peers.
  9. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
  10. That general warrants, whereby any officer or messenger may be commanded to search suspected places without evidence of a fact committed, or to seize any person or persons not named, or whose offence is not particularly described and supported by evidence, are grievous and oppressive, and ought not to be granted.
  11. That in controversies respecting property, and in suits between man and man, the ancient trial by jury is preferable to any other, and ought to be held sacred.
  12. That the freedom of the press is one of the greatest bulwarks of liberty, and can never be restrained but by despotick governments.
  13. That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defence of a free state; that standing armies, in time of peace, should be avoided, as dangerous to liberty; and that, in all cases, the military should be under strict subordination to, and be governed by, the civil power.
  14. That the people have a right to uniform government; and therefore, that no government separate from, or independent of, the government of Virginia, ought to be erected or established within the limits thereof.
  15. That no free government, or the blessings of liberty, can be preserved to any people but by a firm adherence to justice, moderation, temperance, frugality, and virtue, and by frequent recurrence to fundamental principles.
  16. That religion, or the duty which we owe to our CREATOR and the manner of discharging it, can be directed only by reason and conviction, not by force or violence; and therefore all men are equally entitled to the free exercise of religion, according to the dictates of conscience; and that it is the mutual duty of all to practice Christian forbearance, love, and charity towards each other.
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Common Sense

Joseph Addison

A day, an hour, of virtuous liberty
Is worth a whole eternity in bondage.

Joseph Addison, Cato, A Tragedy (1713), Act II, scene 

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Common Sense

Abigail Adams

I am more and more convinced that man is a dangerous creature; and that power, whether vested in many or a few, is ever grasping, and, like the grave, cries, ‘Give, give!’ The great fish swallow up the small; and he who is most strenuous for the rights of the people, when vested with power, is as eager after the prerogatives of government. You tell me of degrees of perfection to which human nature is capable of arriving, and I believe it, but at the same time lament that our admiration should arise from the scarcity of the instances.

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Common Sense

Corruption Beyond Imagination

“Two Baltimore detectives were convicted Monday of robbery and racketeering,” the Washington Post reported, “in a trial that laid bare shocking crimes committed by an elite police unit and surfaced new allegations of widespread corruption in the city’s police department.”

Assistant U.S. Attorney Leo Wise presented the jury with “things more horrible in some cases than you ever could have imagined.” 

Test your imagination:

  • Four police officers, already convicted, testified to routinely violating the rights of citizens in order to steal cash and property worth hundreds of thousands of dollars. 
  • Officers left the scene of an accident they caused without summoning assistance for those injured, and then covered up their involvement.
  • Detectives “doubled their salaries by lying to claim extravagant overtime when they were actually at bars or … out of the country on vacation.”
  • There was an allegation of murder against one policeman and a charge that another high police official covered it up. 

A total of eight officers of the Gun Trace Task Force have now been convicted of or pleaded guilty to felonies.

Where was Internal Affairs? “The head of internal affairs has been transferred” the Post informed, after he was “implicated in misconduct during trial testimony.”

We could sic the feds on them! Oh, wait, “[m]ost of the behavior charged in the case took place even as the [Baltimore police] department was already under federal investigation by the Justice Department …”

Prospects for reform? 

Last Wednesday, Mayor Catherine Pugh claimed to having been “too busy to follow the trial closely or read Baltimore Sun coverage…”

Baltimore, we’ve got a problem. 

This is Common Sense. I’m Paul Jacob.


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