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First Amendment rights folly general freedom moral hazard nannyism responsibility too much government

Legal Not to Lie About Your Milk

milk, Institute for Justice, regulations, Ocheesee Creamery, Department of Agriculture, too much government

Mary Lou Wesselhoeft doesn’t have to lie about the milk she’s selling. The Florida Department of Agriculture has lost in court. Mary Lou has won.

Ocheesee Creamery sells pasteurized milk without any additives. One of her products is skim milk. Ocheesee sells skim milk without vitamin additives, which is perfectly legal to do. But the Florida government claims that only skim milk with the additives counts as real “skim milk,” the kind you can call skim milk in speech to customers. (Kafka, did you write this horror story? Fess up!)

Give credit to the judge who asked: “Can the state, consistent with the First Amendment, take two words out of the English language and compel its citizens to use those words only as the government says?” The reply of the government’s lawyer? “Yes.”

Creepy.

Mary Lou’s victory is also a victory for all Americans who want to exercise their right to tell the truth about what they’re selling. And it’s a victory for the Institute for Justice, which took up the case on her behalf. At its website, IJ points out how easy it would be to annihilate freedom of speech by letting the government redefine words at will. We’re not free if our freedoms can be arbitrarily defined away by the people in power.

The Institute specializes in defending our rights against senseless government intrusions. Until such laws and regulations are repealed, it seems that the Institute will always have much to do — unfortunately. But, fortunately, it keeps on doing it.

This is Common Sense. I’m Paul Jacob.

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Thought

Ambrose Bierce

Conservative, n.
A statesman enamored of existing evils, as opposed to a Liberal, who wants to replace them with others.
Cynic, n.
A blackguard whose faulty vision sees things as they are, not as they ought to be. Hence the custom among the Scythians of plucking out a cynic’s eyes to improve his vision.
Egotist, n.
A person of low taste, more interested in himself than in me.
Idiot, n.
A member of a large and powerful tribe whose influence in human affairs has always been dominant and controlling. The Idiot’s activity is not confined to any special field of thought or action, but “pervades and regulates the whole.” He has the last word in everything; his decision is unappealable. He sets the fashions and opinion of taste, dictates the limitations of speech and circumscribes conduct with a dead-line.
Mayonnaise, n.
One of the sauces that serve the French in place of a state religion.
Once, adj.
Enough.

Ambrose Bierce, The Devil’s Dictionary (1911)

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Today

Stars and Stripes

On June 14, 1777, U.S. Congress adopted the Stars and Stripes as the United States Flag.

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Accountability incumbents insider corruption moral hazard national politics & policies term limits too much government

Most Hated

John Tyler, Trump, hated, leverage, elites, Ted Cruz, Paul Jacob, despised, term limits, unpopular

I was once “the most hated man in Washington.”* Why? For my work on term limits.

I wore the appellation as a badge of honor.

Last year I noted that Ted Cruz had taken up the mantle, but now, certainly, it’s President Donald Trump’s.

Has ever a president been as hated?

Thomas Jefferson was characterized as the Antichrist. Andrew Jackson made many enemies in overthrowing the Second National Bank. But John Tyler is the most interesting case.

President Tyler was a Jeffersonian democrat who took up the office from William Henry Harrison, who died several weeks after being sworn in. Tyler was never accepted as legitimate by — get this — the Whig Party that nominated him. He was dubbed “His Accidency.” After opposing a revival of the national bank notion, there were riots, and his party expelled him. He received hundreds of death threats in the mail. Later he was almost impeached.

Admittedly, Republicans haven’t abandoned Trump — yet. But the Democrats have opposed him from the beginning. And the Entertainment Industrial Complex never ceases to wage a culture war against him. What should the most hated man do?

Make the most of it.

One of his promises was to put congressional term limits into the Constitution. Congress is reluctant. But Trump can do what I couldn’t: use all the powers of the presidency — from the bully pulpit to the veto pen — to leverage those in Congress into proposing a constitutional amendment.

It won’t make President Trump any less hated in Washington, but will win support everywhere else.

This is Common Sense. I’m Paul Jacob.

 

* That was in days of yore, the 1990s, and it was Bob Novak who gave me the appellation. Politicians, lobbyists and other government insiders hate term limits.

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Thought

John H. Cochrane

Any time economists start telling you to pass complex regulations to enforce morality, run in the opposite direction. The Obama administration had something with the idea of ‘science-based’ policy. At least let’s get the cause and effect science right before we start making moral claims.

John H. Cochrane, “NoahLogic,” The Grumpy Economist, June 4, 2017

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Today

Anti-slavery

On June 13, 1774, Rhode Island became the first British colony in the Americas to prohibit the importation of slaves.

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Accountability general freedom initiative, referendum, and recall local leaders

Citizens Triumphant

Ohio, initiative, legislature, Ohio Constitutional Modernization Commission,

Last week, the Ohio Constitutional Modernization Commission considered whether to recommend a constitutional change to create an obvious double standard: requiring citizen-initiated constitutional amendments to obtain a 55 percent supermajority vote, while the very same amendments proposed by legislators would only need 50-percent-plus-one for passage.

I traveled to the capitol in Columbus, joining a room full of Ohio citizens and organizations testifying in opposition. As I explained at Townhall yesterday, after hearing from the people, the Commission tabled the idea.*

For more than four years, the Constitutional Revision and Updating Committee deliberated over how to improve the constitution and came to a consensus in favor of the aforementioned double standard (sent to the full Commission). And yet, at a well-attended public hearing, no one defended the proposal.

While bias favoring the legislature seemed obvious, commissioners bristled at the suggestion that — established and funded by the legislature — they lacked independence. “If there were one or two legislative members on our committee, that was it,” offered non-legislator Janet Abaray.

Actually, four of the nine members on Abaray’s committee are currently state legislators — not one or two. Plus, two more previously served in the legislature. That’s two-thirds of the committee comprised of current or former legislators.

Moreover, the published minutes provide a peek into the thinking behind the proposed double standard. For instance, “what have emerged lately are initiated amendments to the constitution that are inconsistent with the purpose of the constitution.”

It is the people who will decide what belongs in the people’s constitution — not the legislature.

And not the legislature’s commission.

That’s the truth that Ohioans spoke to power.

And power listened.  

This is Common Sense. I’m Paul Jacob.

 

* The commission came to this conclusion with only one dissenting vote.

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Thought

Jean-Baptiste Say

The best scheme of finance is, to spend as little as possible; and the best tax is always the lightest.

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Today

Rights

In 1776, on June 12, the Fifth Virginia Convention at Williamsburg, Virginia, unanimously adopted a Declaration of Rights, several weeks prior to the adoption of the state’s constitution. George Mason (pictured above), who drafted the document, stated clearly in the preamble that rights must be “the basis and foundation of Government.”

The first four planks run as follows:

I. 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.

II. 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.

III. 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 maladministration; 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 public weal.

IV. That no man, or set of men, are entitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services; which, not being descendible, neither ought the offices of magistrate, legislator, or judge be hereditary.

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links

Townhall: They United Against Insiders and Won

“The requirement being proposed by the Constitutional Revision and Review Committee,” M. Dane Waters, a scholar of initiative and referendum processes, testified, “would make Ohio a lonely outlier both in this country and around the world.” And he wasn’t alone to oppose the committee appointed by the Ohio Legislature. In written testimony, for example, Pete Sepp, president of the National Taxpayers Union expressed “great concern” that “the Commission was considering a recommendation that would effectively create second-class ballot measure rights for the people of Ohio.”

This weekend at Townhall.com, Paul Jacob tells the tale of a successful, trans-partisan defense of initiative and referendum rights in the Buckeye State. Click on over. Learn why former State Representative John Adams quipped, “My past service in the legislature has taught me many things — one of those would be not to trust and definitely to verify.”

Footnote in the article:

* The tabling of the recommendation effectively killed it, because funding for the OCMC runs out at the end of this month and a House bill to fund state government contains no new appropriation for the commission established by the Ohio General Assembly.

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