Category: U.S. Constitution

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Accountability folly general freedom ideological culture moral hazard responsibility U.S. Constitution

China Marks Marx Anniversary

Karl Marx, communism, socialism, death, failure, China, Chinese, German city of Trier

The Chinese government has sought to honor the birth of Karl Marx (1818-1883) by giving a giant bronze statue of the social philosopher and pseudo-economist to the German city of Trier, his birthplace.

Agreeing that Trier and Marx should be thus honored, local officials shamefully accepted the donation.

Marx was a bad guy. His willfully destructive anti-capitalist theorizing and polemics have been enlisted to enslave and murder many millions of people in the Soviet Union, China, Cambodia, Cuba and elsewhere. The story is told in works like Modern Times and The Black Book of Communism. One effective critique of Marxian ideas may be found in the second volume of Murray Rothbard’s History of Economic Thought.

We often hear that Communist implementation of Marxian theory poorly translates “real” communism/socialism/collectivism. No government unswervingly enacts all the ideas and prescriptions of a single intellectual founding father. But there is much in Marx’s volumes that openly demands the razing of the division of labor, profit-seeking, and other requirements of civilization.

In one article, Marx scribbled that “there is only one way in which the murderous death agonies of the old society and the bloody birth throes of the new society can be shortened, simplified and concentrated, and that way is revolutionary terror.” There’s plenty more where this came from.

When a major nation-state gives a town a statue, it’s hard to say no. But one needn’t accept it at face value. Install it on a base that lists the separate bouts of Marx-inspired mass murder. Or use it as a target in paintball tournaments.

Or just place it in the local cemetery. Where deadly ideologies should go.   

This is Common Sense. I’m Paul Jacob.

 

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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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