Category: U.S. Constitution

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Accountability folly general freedom moral hazard U.S. Constitution

Not Drafting Our Daughters?

draft, selective service, woman, women, magic trick

Sometimes politicians have trouble making up their minds. During election years — with the looming prospect of voters having a say — their decision-making process becomes even more perilous.

Take the idea of forcing young women to register for the draft. Young men must, under threat of five years in prison, a $250,000 fine and the loss of government benefits — all the way down to denying a driver’s license to non-registrants in many states. So why not force women to sign up for forced military service?

For equality!

Just days ago, it seemed nearly everyone was for conscripting our daughters — or, at least, registering them for future conscription. Obama’s Secretary of Defense Ash Carter and military leaders enthusiastically endorsed the idea. So did Republican Senate Majority Leader Mitch McConnell.

In recent weeks, legislation beginning mandatory draft registration of women, ages 18-26, passed both the House Armed Services Committee and the Senate Armed Services Committee. Then, all the sudden — poof! — that provision was ripped out of the House bill.

“This is a dead-of-night attempt to take an important issue off the table,” complained the ranking Democrat on House Armed Services, Rep. Adam Smith of Washington.

Timing is everything, in comedy and politics. Congressional leaders don’t want to take any pro-draft action now, not with an election just six short months away.

“We have a choice to make,” Rep. Mike Coffman (R-Colo.) argues, “either we continue with Selective Service and have women be a part of it, or we abolish it altogether.” Coffman advocates the latter, having introduced a bipartisan bill with Rep. Jared Polis (D-Colo.), H.R. 4523, to end draft registration and close the superfluous agency.

That’s Common Sense, especially in an election year. I’m Paul Jacob.

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Accountability crime and punishment moral hazard national politics & policies property rights too much government U.S. Constitution

Return to Robbery

civil asset forfeiture, asset, forfeiture, police, abuse, stealing, theft, property, Common Sense

Last week, the crooks in Washington proved themselves nice enough to let us know that their rip-off machine is back in action. The Obama Justice Department announced the resumption of the “equitable sharing” program, whereby the Feds sing Kumbaya with state and local police while sharing the loot they snatch from innocent folks through “civil asset forfeiture.”

Yes, there again is that strange three-word, legalistic, police-pocketing term: civil asset forfeiture.

Free country? Not so long as local police and federal government agencies seize people’s stuff without ever charging or convicting those people of a crime. Simply by claiming suspicion . . . about their stuff.

To get their money or property back, the victims must hire an attorney and sue the government. Guilty until proven innocent. Only those raking in the ill-gotten gains are shameless enough to defend this completely un-American practice.

Which more than doubled in use during President Obama’s first five years in office, according to The Washington Post. Today, police and various government agents actually take more value from innocent Americans through civil asset forfeiture than do burglars through burglary.

“As President Obama counts down the days of his last year in office,” the Cato Institute’s Adam Bates wrote back in January, “one positive step he could take for his legacy would be to halt the federal government’s use of civil asset forfeiture and make the suspension of the equitable sharing program permanent.”

Yet, despite Mr. Obama’s talk about criminal justice reform, and despite his ability to bring justice with a stroke of his pen (and actually within his constitutional authority), last week the Feds instead went back to business as usual, ripping people off.

This is Common Sense. I’m Paul Jacob.

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general freedom ideological culture meme moral hazard nannyism too much government U.S. Constitution

Dear Bernie: Here’s How Rights Work. . .

Dear Bernie, rights, violation, violates, how rights work, meme, Common Sense

A new “right” that violates other fundamental rights, can’t be a right.

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Accountability crime and punishment general freedom national politics & policies U.S. Constitution

Mr. Most Merciless

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Usually, when contemplating the Office of the President of the United States, our cause for complaint is excess of power. Our country was founded on opposition to such centralized power — initially directed against King George III — and the Constitution written, in part, to allow a strong federal government without feeding the beast of Tyranny.

Yet, today, I’m not bemoaning unchecked presidential power. Instead, the opposite: an important presidential power that Mr. Obama lets lie unused.

What is that power?

The executive’s power to pardon, defined in Article II, Section 2 of the U.S. Constitution.

Yesterday, George Lardner Jr., a scholar with the Investigative Reporting Workshop at American University, and Political Science Professor P. S. Ruckman Jr., the editor of the Pardon Power Blog, reported in an op-ed for The Washington Post, that “Obama has a clemency record comparable to the least merciful presidents in history. He has granted just 70 pardons, the lowest mark for any full-term president since John Adams, and 187 commutations of sentence.”

“Obama’s record is all the more deplorable because of assurances that he has made,” argue Lardner and Ruckman, noting that the Department of Justice’s Clemency Project 2014 — designed to provide relief to non-violent drug offenders and announced “to great fanfare” — has “become a bureaucratic disaster.”

With all the injustice found even in the best justice systems, I cannot understand how a compassionate person could ignore this power. Or use it, as President Bill Clinton did, to provide last-minute pardons for cronies and high-rolling campaign contributors.

Have mercy.

This is Common Sense. I’m Paul Jacob.

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general freedom individual achievement U.S. Constitution

The Ruins

Volney, Jefferson, translation, Alien and Sedition Act, John Adams, Ruins of Empires

We have just learned something interesting about the nastiest presidential election in American history.

No, not this year’s. It’s not the nastiest . . . yet.

It is about the election of 1800, when Thomas Jefferson beat back the Federalist Party and its Alien and Sedition Acts.

The Federalists made much of fears that the freethinking Jefferson would suppress Christianity. Some folks are said to have buried Bibles in their backyards, for safe keeping.

Overkill, sure. Jefferson was quite earnest in his support for religious freedom, as he famously wrote to the Danbury Baptists. (Jefferson garnered overwhelming Baptist support.) But he was a freethinker.

So much so that, in the year leading up to the big race, Jefferson translated all but the last chapters of C.-F. Volney’s The Ruins of Empires. This secret was uncovered recently by Thomas Christian Williams, who found in the Boston archives of the Massachussetts Historical Society many chapters of The Ruins, in English, in Jefferson’s hand. Williams wrote up his discovery in the March 2016 issue of The Skeptic, Michael Shermer’s journal.

The Ruins — once infamous, now almost forgotten — is mostly devoted to advancing a very deep view of the importance of limited government. Only the last few chapters, which Jefferson left to somebody else to translate, engage in a skeptical account of religion.

But note: Jefferson thought enough of Volney’s book to translate it himself, putting his political career at risk.

Oh, it also turns out that the Comte de Volney’s very presence in 1790s’ America served to spark the widespread panic about French spying . . . and thus President John Adams’s Alien Friends and Alien Enemies Acts!

This is Common Sense. I’m Paul Jacob.

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Accountability crime and punishment general freedom government transparency moral hazard nannyism national politics & policies responsibility too much government U.S. Constitution

Zetabytes and Zombies

Apple, iphone, security, police, NSA

Zombie government wants to eat our brains. Did I overstate this on Sunday?

Most folks don’t look at the Apple/FBI controversy over digital security quite that starkly.

The National Security Administration sure doesn’t see it that way. The NSA is in the “information harvesting business,” says Business Insider. And boy, “business is booming.” The NSA measures its operations in zetabytes. And in the acreage of its Maryland and Utah sprawls.

The idea is that the NSA protects us.

But notice that government, collecting all that information, and in trying to beat back malicious and sportive hacker attacks from around the world, treats computer companies antagonistically. And it doesn’t provide us, individually, with help on our personal cyber-security: we have to pay for our own cyber-security. When some thief (local or overseas) steals a digital identity and grabs a netizen’s wealth and credit, of what help is government?

Not much.

It’s little different from back in Herbert Spencer’s day, over a century ago, when he noted that government practiced “that miserable laissez faire,” making citizens bear the costs of their own protection, to financial ruin defending themselves in court.

Indeed, for all our reliance upon law enforcement, we have to notice that the real work of defense and conflict avoidance happens best outside of government “help” — as is the case in Detroit, Michigan, where it is private security that does what many expect the police to do.

As long as the police and the federal government operate mainly as antagonists to peaceful citizens as well as to criminals, then looking warily at police power and privilege (and thus the NSA and the FBI) seems like . . .

. . . Common Sense. I’m Paul Jacob.

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crime and punishment general freedom ideological culture national politics & policies political challengers U.S. Constitution

Faces Veiled, Fallacies Unveiled

Gary Johnson, libertarian, burka, Common Sense, illustration

A real-life politician has admitted to having been wrong, even going so far as to dismiss his own previous comment as “stupid.”

He wasn’t abject about it — didn’t “apologize.” He simply explained how and why he had erred.

This . . . from a presidential contender.

No, it wasn’t Hillary Clinton, she of many errors and untruths. It wasn’t Bernie Sanders, whose love of Big, Intrusive Government is an error in and of itself. And it wasn’t Trump, known hyperbolist.

The erring politician? Gary Johnson, a former two-term Republican governor of New Mexico.

Johnson, who is currently running for the Libertarian Party presidential nomination, told Reason last year that banning the burqa would be a reasonable step in protecting the rights of women. Here in America.

Sound sort of Trumpian?

Earlier this month, Johnson retracted his statement. Last week on Fox Business Network’s Kennedy, he explained why prohibiting the face-veil wouldn’t work.

“We need to differentiate between religious freedom, which is [sic] Islam, and Sharia law, which is politics,” he said — and I add a “sic” there because he is obviously driving at this point: religious freedom means we cannot prohibit the religion of Islam, but Sharia law amounts to a religious intrusion into the legal and political realm. And thus must be opposed as “contrary to the U. S. Constitution.”

The reason Johnson had earlier floated the banning of the Islamic face-veil was to save women from Islamofascist enforcement of Sharia’s mandate to go around in public only when completely covered.

“We cannot allow Sharia Law to, in any way, be a part of our lives.”

I’m with him. Let’s hold tight to both religious and political freedom. And how refreshing for a politician to admit an error.

This is Common Sense. I’m Paul Jacob.

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crime and punishment general freedom moral hazard national politics & policies The Draft too much government U.S. Constitution

Junk the Law

conscription, draft, selective service, Common Sense, Paul Jacob

Would your favorite presidential candidate force women to register for the military draft?

A federal court case, National Coalition for Men v. Selective Service System, is bouncing around the Ninth Circuit. It challenges the male-only draft registration program as discriminatory against men.

Thirty-five years ago, when yours truly was fighting the draft, the U.S. Supreme Court upheld a male-only program because women were then barred from combat. Now the All-Volunteer Force has opened all military fields to women, including combat roles. It follows that the federal courts will likely strike down male-only registration.

What will Congress do? What will the next commander-in-chief advocate? Allow the program to end — or mandate that both young men and young women register?

Hillary Clinton answered this question in 2008, during her first run for the presidency: yes, register women for the military draft.

What about the other presidential hopefuls?

Back in 1980, then-candidate Ronald Reagan pledged to end it, saying that conscription (and registration for it) “destroys the very values our society is committed to defending.”

Sadly, President Reagan continued draft registration, prosecuting me and others.

“The question is nothing less, than whether the most essential rights of personal liberty shall be surrendered,” the great Daniel Webster railed against conscription, “and despotism embraced in its worst form.”

Men and women have an equal right to freedom — not conscription. Free people will always volunteer to defend their country.

This is Common Sense. I’m Paul Jacob.

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Accountability Common Sense First Amendment rights free trade & free markets general freedom ideological culture nannyism national politics & policies responsibility too much government U.S. Constitution

re: Solutions

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Today’s the traditional day for New Year’s “Resolutions,” but instead of resolutions, how about some solutions?

Sure, Thomas Sowell has sagely reminded: there are no solutions in social life, only trade-offs.

But, utopian perfection aside, let’s agree that some changes would be better than others, and, let us resolve to solve some nagging problems — or at least trade up. And since the really nagging problems are political . . .

For Republicans: this could be the year to give up on government as society’s chief moral agent, empowered to regulate everybody’s medicine cabinets and bloodstreams. End the failed War on Drugs, with legalizing marijuana the simplest first step. Vice will continue, as it always has. But it’s another kind of vice to think that force, policing and imprisoning folks, will “solve” the problem. Much less even reduce the availability of drugs.

For Democrats: this could be the year to give up on government as micromanager of markets — and people’s marketplace choices. Face it: folks will make decisions that liberals don’t like. They’ll eat at McDonalds and buy large sodas — and the wrong stocks. And guns! But adding to the mass of regulations doesn’t make consumers choose better, it makes stuff more expensive and business less open to competition. Indeed, almost all the regulations designed to help “the little guy” backfire, helping big business by hobbling their upstart competitors.

Our leaders, at present, cannot even balance budgets. They are addicted to debt. To pretend we must have more and more government to prevent our addictions or save us from personal debt is ludicrous.

Can we resolve to stop pretending that bigger government is always the solution?

This is Common Sense. I’m Paul Jacob.

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Accountability crime and punishment folly general freedom moral hazard national politics & policies U.S. Constitution

Forfeiting Forfeiture

Asset, Forfeiture, police, crime, Department of Justice, DOJ, illustration, Common Sense

“The Department of Justice announced [last] week that it’s suspending a controversial program that allows local police departments to keep a large portion of assets seized from citizens under federal law and funnel it into their own coffers,” reports the Washington Post.

The Feds call the paused program “equitable sharing”; as I explained last month, I call it “equitable stealing.”

Even when state and local laws prohibit it, local police have been using this federal program to continue taking people’s money and property without ever convicting them of a crime.

The loophole? They split the loot with the Feds.

Now that has ended. According to the Post, this is the result of “budget cuts” in the recently passed omnibus spending bill; the Wall Street Journal calls it a “reallocation of funds.”

Either way, Happy Holidays!

Yet, sadly, the return to freedom, justice and the American Way may be short-lived.

“The Department does not take this step lightly,” wrote M. Kendall Day, the chief of DOJ’s Asset Forfeiture and Money Laundering Section. “We explored every conceivable option that would have enabled us to preserve some form of meaningful equitable sharing. . . .”

In his letter, he proclaiming a commitment to the principle of guilty-until-proven-innocent and to grabbing people’s stuff, telling state and local and tribal police departments, “We will take all appropriate and necessary measures to minimize the impact of the rescission and reinstate sharing distributions as soon as practical and financially feasible.”

As the Wall Street Journal editorialized, “Congress should make sure that never happens.”

Of course, Congress will likely need a mighty nudge from us.

This is Common Sense. I’m Paul Jacob.

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