Category: U.S. Constitution

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

Hooray for Congress!

right to try, treatment, healthcare, Rights, FDA, democrats, Congress, medicine, experimental,

When Congress behaves badly, I criticize. When it works well, I applaud.

I’ve waited a long, long, long time to put my hands together in polite applause.

It happened yesterday.

The U.S. House of Representatives passed a Senate bill, largely along party lines, to give those facing a terminal illness the “right to try.” That is, the right to try experimental drugs and treatments that haven’t yet been approved by the federal Food & Drug Administration (FDA). 

Of course, Congress doesn’t actually give us rights. We have always had the common law right — indeed, the human right — to freely seek a path to wellness when we are ill.

From time immemorial. Even before the FDA.

So, this legislation was, more correctly put, a way to announce that the congressionally-created FDA would stop blocking our freedom . . . provided we are dying and the government-approved medical establishment has no more licensed hope to offer.

The bill now goes to President Trump. “People who are terminally ill should not have to go from country to country to seek a cure,” he declared in his last State of the Union, “I want to give them a chance right here at home.”

Democrats overwhelmingly disagreed. 

“This will provide fly-by-night physicians and clinics the opportunity to peddle false hope and ineffective drugs to desperate patients,” argued Rep. Frank Pallone (D-N.J.).

Rep. Jan Schakowsky (D-Ill.) likewise charged that the legislation “puts patients at risk by allowing the sale of snake oil.”

But of course these patients are dying. That’s already as “at risk” as it gets. Our right to live includes a right to try to live.

This is Common Sense. I’m Paul Jacob.

 

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Accountability general freedom media and media people moral hazard national politics & policies responsibility too much government U.S. Constitution

Matter-of-After-the-Fact

Trump, dictator, war powers, Congress, Executive, power, incompetence

“For some time now,” writes Sen. Rand Paul for The American Conservative, “Congress has abdicated its responsibility to declare war.”

Kentucky’s junior senator knows how unconstitutional this is. “The Founders left the power to make war in the legislature on purpose and with good reason,” Rand Paul explains — correctly. “They recognized that the executive branch is most prone to war.”

So, Washington Senators Bob Corker and Tim Kaine are here to help?

This bipartisan pair has retrieved — from deep within the bowels of congressional R & D — a new Authorization for Use of Military Force (AUMF). This would, explains Paul, give “nearly unlimited power to this or any other president to be at war whenever he or she wants, with minimal justification and no prior specific authority.”

The wording of the new AUMF “would forever allow the executive unlimited latitude in determining war, and would leave Congress debating such action after forces have already been committed” — allowing Congress only carping rights.

Shades of the Roman Republic, in which the Senate appointed dictators in tough times.*

These days, all times are tough times.

Meanwhile, Bob Corker is in the news for having just received the “George Washington University Institute for Public Diplomacy and Global Communication’s first annual Walter Roberts Award for Congressional Leadership in Public Diplomacy.”

And Kaine just a few weeks ago made a big deal about his no vote for Trump’s Secretary of State nominee: “We have a president who is anti-diplomacy and I worry that Mike Pompeo has shown the same tendency to oppose diplomacy.”

How does making a foreign policy dictator out of Trump (or any future president) advance diplomacy?

This is Common Sense. I’m Paul Jacob.

 

* Arguably Congress’s open-ended AUMF’s are much worse than ancient Roman practice, since today’s crises are not specified and the dictator is not forced to step down after the problem is solved — or a term limit of six months reached.

 

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crime and punishment free trade & free markets general freedom media and media people moral hazard nannyism national politics & policies property rights too much government U.S. Constitution

The Studio System: The Sequel

Studio System, antitrust, Netflix, Hulu, Amazon

Evermore virtue signaling, everless virtue — that pretty much encapsulates Oscars’ night. The industry that brought us Harvey Weinstein and the occasion for #MeToo made the 90th Academy Awards two months ago unwatchable for most of us.

Now, as the Academy of Motion Pictures Arts and Sciences loses touch with audiences around the country, Netflix appears to have decided to horn its way into the Oscars. “Netflix will reportedly begin purchasing movie theatres,” informs The Independent, “to help it get ahead in the race for Academy Awards.

The streaming giant has aimed to land an Oscar nod since the release of its first original feature in 2015, Beasts of No Nation. 

I have not seen that film, but I have made time for some entertainment (and a few documentaries) on Netflix. After Stranger Things and Wormwood, I think I can safely repeat a point I’ve made before: this is the new Golden Age of Television.

But Netflix wants more prestige than the TV industry’s “Emmys.”

Whether the company succeeds with the Oscars, notice: Netflix is becoming a major studio — complete with “vertical integration.” Just what the Supreme Court tried to kill in 1948 when it ruled against the studio system’s “monopoly” status.

That decision, plus the rise of broadcast television, dealt a death blow to the studios — and arguably movie quality.

Maybe a new studio system (also courtesy of Amazon Prime, Apple, and other players) will make for a renaissance.

For feature-length films.

If we can just keep government out of it.

This is Common Sense. I’m Paul Jacob.

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Accountability First Amendment rights ideological culture media and media people moral hazard U.S. Constitution

Exit Strategy Advised

free speech, Trump, First Amendment, rights, college, campus, tolerance

The First Amendment applies only against governments, but our free speech rights can be violated by nearly anyone.

These days, these rights are most notoriously and routinely violated by mobs of students . . . attending colleges and universities nearly all of which depend upon taxpayer subsidies.

David E. Bernstein, writing at the Volokh Conspiracy, in “USC Law Professor: Supporters of Campus Free Speech are ‘Preying on Vulnerable Teenagers,’” makes a number of points regarding a law professor’s published defense of nasty student reactions to a Federalist Society speaker . . . on a campus not his own.

Bernstein notes that “the article has to have the requisite references to the Emmanuel Goldsteins of the modern left, the Koch Brothers, who are mentioned four times for no discernable reason.” The reason, of course, is demonization. For a movement needs enemies.

The USC law professor argues that journalists should ignore campus speaking events that “goad” students into “tactical mistakes” by the “mean-spirited provocations” of “seasoned political operatives preying on vulnerable teenagers and inexperienced young adults.”* Bernstein shows that the “tactical mistakes” amount to peaceful and intellectual speakers being “harrassed, shouted down, and subject to or threatened with violence”; every reasonable person knows that disagreeing with the ideas someone communicates does not excuse violating that someone’s rights.

No matter how “provocative.”

Most chillingly, the speaker who incited student ire and accusations, etc., had been advised by “a security guard” before his “talk” to devise “an ‘exit strategy.’” This indicates that the American taxpayer needs an exit strategy from subsidizing anti-democratic mob activism.

And its professorial enablers.

This is Common Sense. I’m Paul Jacob.

 

* Don’t you find this language awfully coddling of people who should be treated as responsible for their actions, and who, by their attendance at an institution of higher learning, should be capable of listening to any point of view? I find it maddening.

 

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

Guilty of Innocence

Spencer Byrd, crime, asset forfeiture, police, Chicago, law enforcement, theft, stealing, government

If you are innocent of a crime, should you be punished as if guilty? Despite no arrest, no trial, no conviction?

If you say “Yes,” raise your hand.

I see no raised hands among my regular readers. But my readers don’t include the wicked Chicago officials who impounded the automobile of Spencer Byrd.

Byrd’s case is reported in a Reason article by C.J. Ciaramella. The author relates how Chicago extracts money by grabbing the vehicles of innocent people. The drug war and asset forfeiture laws help make it possible.

Byrd is a carpenter and auto mechanic who sometimes gives rides to clients stuck without their cars. One night, when he was stopped on the road for an allegedly broken turn signal, police discovered that a new client riding with him was carrying heroin. Byrd was questioned but quickly released. He was never charged with a crime.

But his car was impounded; it’s been impounded for years. This has hurt his business. For one thing, he has $3,500 worth of tools in the trunk.

Byrd persuaded a judge to order that his car be returned to him. But the city still wouldn’t release it unless Byrd paid $8,790 in fees and fines (later reduced to $2,000). He is still struggling to retrieve his car, within a labyrinth the injustices of which I’ve barely touched on.

May I suggest . . . ? If you do ever recover your Cadillac, Mr. Byrd, put pedal to the floor and get the heck out of Dodge.

I mean, Chicago.

This is Common Sense. I’m Paul Jacob.

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Accountability general freedom nannyism national politics & policies political challengers porkbarrel politics responsibility too much government U.S. Constitution

How Bernie’s Like Trump

Bernie Sanders, Donald Trump, minimum wage, jobs, anchor, bait and switch, negotiation, bargaining

Yesterday I made fun of Bernie Sanders’ jobs guarantee idea. Today, let’s take it seriously.

Not as policy, mind you. As propaganda.

It’s not worth talking about as a policy because there is no policy yet. “It is not clear when Sanders will announce the plan,” Fox News relates, “and a Sanders spokesperson told the Post that it was still being crafted.”

It is mere advocacy. A press release. Vaporware.

But that’s the key to it, really. The jobs guarantee isn’t policy.

It’s a ploy.

Bernie Sanders knows there is hardly a hope of passing such a bill. He probably understands that the current fiscal mess precludes it. He might even understand that it is literally a horrible notion, the worst policy idea in the world, and he would still have reason to pitch for it relentlessly.

Because what he is really after is the hiking of the national minimum wage to $15/hr. That is the next Democratic ratcheting up of government. And by insisting that the government guarantee $15/hr jobs, he is readying everyone to accept, as a compromise, the hiking of the minimum wage to that very figure.

Yesterday I noted a link between socialism and slavery. But minimum wages link up not with slavery but unemployment.

Which Bernie knows all too well. Before he got in politics, he was a layabout, a bum.

Not like President Trump at all, that way.

But by fixing on one key, “anchor” concept ($15/hr) and demanding the Moon, he might just get his mere lunacy, er, minimum wage hike.

And that is a Trumpian* ploy.

This is Common Sense. I’m Paul Jacob.

 

* Though Trump’s better. His “linguistic killshots” are far more memorable . . . because funny and (usually) visual.

 

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

Leave Those Kids Alone

draft, selective service, conscription, war, slavery, servitude, Congress, hearings

Congress created The National Commission on Military, National, and Public Service “to consider and develop recommendations concerning the need for a military draft, and means by which to foster a greater attitude and ethos of service among American youth.”

Is it possible that Congress and the commissioners have never considered the inherent contradiction between forcing people into the military against their will and fostering an “ethos of service”?

Today, I will get perhaps two minutes to address this commission at a hearing in Denver, Colorado, answering* these questions it has posed:

Is a military draft or draft contingency still a necessary component of U.S. national security?

The military draft has never at any time in the history of this country been a necessary component in U.S. national security.  

Are modifications to the selective service system needed?

No. The Selective Service System, the people who force very young men into the military against their will, needs to be ended. Not modified. Not expanded to women. End draft registration. Close the agency.

The United States should forswear any use of conscription. A free country need not force people into the military to defend it.

Is a mandatory service requirement for all Americans necessary, valuable, and feasible?

Necessary? Not on your life. Americans have always stepped forward — not only to defend their own country, but also in hopes of defending people across the globe.

Valuable? That’s a bad joke. People forced to kill and die in Vietnam and other conflicts and those imprisoned for refusing to take part in such a system fail to see any value. The draft has been disastrous.

What is valuable are the lives and rights of the young. They are free citizens, not Congress’s pawns.

Feasible? No. Because too many of us will fight you, refusing to go along. Even if it means our imprisonment.** Plus, a conscripted army is a poor substitute for the All Volunteer Force.

The draft is unnecessary, divisive and dangerous.

How does the United States increase the propensity for Americans, particularly young Americans, to serve?

Be worthy of the voluntary service of the American people.

If the government is responsible, then people will respond to protect it.

Commit to raising an army of soldiers and service providers by persuading citizens to freely serve their communities and their country. In short, this commission and this Congress should commit to freedom.

That would be truly inspiring.

This is Common Sense. I’m Paul Jacob.

 

* I will also be submitting a longer, more formal statement in testimony.

** As regular readers know, I was one of 20 young men prosecuted for refusing to register for the draft in the 1980s.

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Accountability crime and punishment folly free trade & free markets general freedom media and media people moral hazard nannyism national politics & policies property rights Regulating Protest too much government U.S. Constitution

That Something You Do

Congress, Facebook, hearings, control, regulations, Mark Zuckerberg, censorship, censor, regulate

Congress grilled Facebook CEO Mark Zuckerberg, last week, and as usual ended up roasting itself.

“Zuckerberg has already experienced the worst punishment of all,” quipped comedian Trevor Noah on The Daily Show. “He had to spend four hours explaining Facebook to senior citizens.”

Utah Sen. Orrin Hatch, retiring after his 42nd consecutive year in Washington, asked, “How do you sustain a business model in which users don’t pay for your service?”

“Senator,” Zuckerberg incredulously replied, “we run ads.”

Inc. magazine reported the obvious: “several of our elected leaders asked questions that were highly uninformed, or in some cases just plain weird.”

Uninformed. Weird. That’s them, alright.*

Still, the Washington establishment seems to seriously think these same congressmen ought to be re-writing privacy rules.

“Elected officials know the public wants them to do something to protect their privacy,” announced Chuck Todd, host of NBC’s Meet the Press. “The question now turns to what is that something?”

“Americans are largely together on this issue,” Todd said, citing a recent poll where a similar “66 percent of Democrats and 68 percent of Republicans say they want more control over the information companies have about them.”

But Democrats and Republicans are together on something else: Only 21 percent of Democrats and a tiny 14 percent of Republicans “trust the federal government” to act on the issue.

The senators, though obviously “confused about basic topics,” Emily Stewart wrote at Vox,  “seem to agree they want to fix something about Facebook. They just have no idea what.”

Please Congress: DON’T “do something.” Don’t do that thing you do.

This is Common Sense. I’m Paul Jacob.

 

* Reason TV has a very funny video on the Zuckerberg hearing.

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Accountability general freedom government transparency media and media people moral hazard national politics & policies U.S. Constitution

Wag the Wolf

Syria, Donald Trump, Trump, war, wag the dog, diversion, antiwar, gas, gassing, chemical, chlorine, false flag

Once upon a time, President Donald Trump was against attacking Syria merely on grounds that its dictator is a murderously bad guy — despite numerous chemical attacks on civilians in opposition-occupied and -contested areas that had been blamed on Syrian dictator Bashar Hafez al-Assad.

Almost exactly a year ago, a sarin gas attack spurred President Trump to order a cruise missile strike on the Syrian airstrip where it was alleged the Assad regime sent those planes to drop weaponized chemicals on innocent populations. The strike was widely characterized as “Donald Trump’s most dramatic military order since becoming president.”

Since then, after another reported gassing — this time “chlorine”; this time a hospital as target — the drumbeat for war has gotten louder, despite Russia’s stern warning that there would be “grave repercussions” were the U.S. to attack its ally again.

Whoops and war cries even from the anti-Trump media.

But as Tucker Carlson argues, there are still legitimate disputes about previous gas attacks — about who really perpetrated them, and the uncertainty of proclaiming Assad the malefactor in the most recent one.*

Meanwhile, the FBI raided Trump’s personal attorney Michael Cohen’s offices. The rationale? Apparently unrelated to the “Russia investigation.” Instead, it is about “campaign finance law” — that is, the paid-off pornstar issue.

In the 1990s, we called Bill Clinton’s bombing of a “chemical weapons” factory in Africa — on the very same day that Monica Lewinsky testified before a grand jury about her affair with the president — “wag the dog.”

Trump cries “witch hunt!” but I wonder if the Deep State may not be trying to wag the wolf this time around.

This is Common Sense. I’m Paul Jacob.

 

* News stories about atrocities have been faked before in the Middle East — remember the hospital baby-murder story in Kuwait? “Both” sides in Syria are known to possess chemical weapons.

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Accountability crime and punishment general freedom ideological culture media and media people moral hazard nannyism national politics & policies privacy property rights responsibility Second Amendment rights too much government U.S. Constitution

The Myth of the Monoliths

NRA, monolith, March for our Lives, members, gun control, guns

According to organizers of the “March for Our lives,” the National Rifle Association is wholly evil, a corrupter of democracy, a malign presence straight out of Mordor, bent upon murder — a monolithic influence responsible for every mass shooting event.

The clearest expression of this is by young David Hogg, who figured that the NRA’s sum of contributions to Sen. Marco Rubio, when divided not by the number slain in the recent Parkland shooting but instead by the total number of students throughout Florida, came out to $1.05 per student.

Forget the computation — think nasty imputation.

What Hogg and his friends in the media elide is a simple little fact: the NRA is a membership organization. When critics of the Second Amendment point at the NRA and shout “evil!” they are really pointing at the organization’s millions of members.

People, not malign institutions.

Also neglected? The fact that, as near as I can make out, not one NRA member has mown down students in any school or church in America. Instead, at least one civilian NRA member took out his AR-15 to bring down one such mass-murdering shooter.

“Evil NRA” talk is misdirection and slander.

Also not a monolith? Students. Christian Britschgi, writing at Reason, notes that teenagers made up only 10 percent of marchers at the recent rally, and, catching a whiff of astroturf, cites a poll that found less than a majority of Millenials favoring an “assault rifle” ban.

Citizens of all ages disagree. Pretending that all kids are against guns, or that the NRA is anything other than a citizen advocacy group, distorts reality.

This is Common Sense. I’m Paul Jacob.

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