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First Amendment rights free trade & free markets government transparency national politics & policies

Your Taxes, in Small Type

The business of business is to profit by helping others. The business of government is to make sure that businesses don’t profit by cheating others.

Unfortunately, sometimes it’s the governments that cheat.

Take the airline industry. Though substantially deregulated by the early 1980s, government has not treated it in an exactly laissez faire manner since. First there are the taxes, quite heavy. And recently the Department of Transportation decided that it must regulate the way in which airlines may advertise their prices . . . and the taxes. That is, the DOT insists that the “total price” — by which it means the price-plus-tax — must be shown prominently, with the tax portion “presented in significantly smaller type than the listing of the total price.”

Talk about regulatory micromanagement!

Now, this rule isn’t something Congress cooked up. It’s the result of a bureaucracy gone wild.

And the rule has one obvious effect: It shields government from consumer criticism, showing bureaucrats at their most self-serving. About one fifth of every airline ticket goes to the government, and folks in government don’t want you to know that.

This being the case, you might think — as George Will does — that the First Amendment would apply, especially since the First Amendment is now routinely held as protecting political speech more strictly than commercial speech. But, so far, courts have ruled for the taxing and regulating bureaucrats, not the competitive airlines. Or consumers.

Frequent fliers (I’m one) should hope the Supreme Court justices take up the case, which shows why economic and political freedom go best together.

This is Common Sense. I’m Paul Jacob.

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Thought

José Ortega y Gasset

Nationalism is always an effort in a direction opposite to that of the principle which creates nations.

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ideological culture national politics & policies Second Amendment rights Tenth Amendment federalism

Nullification Today

As the federal government lurches further out of control, wildly grasping to increase control over our lives, an old and controversial method of reining in our central government gains popularity: State nullification of federal law.

A recent Rasmussen survey asked whether “states have the right to block any federal laws they disagree with on legal grounds,” and 38 percent of likely voters surveyed said “Yes.”

Cutting to the quick of the Commerce Clause, a new Kansas law — Senate Bill 102, the Second Amendment Protection Act, signed by Governor Sam Brownback last month — states that firearms manufactured and owned in Kansas that do not cross state lines are not subject to federal law.

Of course, the Supreme Court thinks otherwise. In Wickard v. Filburn, the Court allowed the federal government to regulate darn near anything on the grounds that any conceivable act of consumption affects demand, and thus “commerce.” Goofy ruling? Yes. But by tradition it’s the Supreme Court justices who get the final word.

Yet even that has been denied by many constitutional theorists, including Thomas Jefferson and James Madison — “Mr. Constitution” himself — both of whom supported nullification, as recently explained by historian Tom Woods. No compact joined into by multiple parties may only be interpreted by one of the parties alone, unless specified to that effect. The Constitution doesn’t even mention judicial review, so the tradition of the Supreme Court’s final word is itself a matter of dispute.

Standing up for the status quo, Attorney General Eric Holder has written to Brownback against the new Kansas law, citing the Supremacy Clause. Problematic? Yes. But not easily dismissed.

Brownback has volleyed back.

At least we can expect the old issues of constitutional law to gain a new and lively hearing.

This is Common Sense. I’m Paul Jacob.

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Thought

Henry David Thoreau

I am as desirous of being a good neighbor as I am of being a bad subject.

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free trade & free markets tax policy

Denmark to Citizens: Drop Dead!

That might as well have been the headline of the Spiegel Online article. What else could Der Spiegel mean by the words “Health Be Damned: Denmark Hopes Cheaper Soda Will Boost Economy” except that Denmark’s government is endangering the lives of citizens merely to promote their prosperity and to respect their rights to life, liberty and the pursuit of happiness?

Letting individuals again govern their own beverage intake, unimpeded! How is that not tantamount to shoving them over a cliff?

On the other hand, if you live in Denmark, enjoy soda, and dislike being harassed for doing so — thank goodness for tax competition.

Steep new taxes on drinks like beer and soda have been sending Danes across the border for these items. They have long shopped in Germany anyway, but the “sinful drink” taxes have inspired an increase in the international jaunts. Research by a Danish grocers’ association suggests that over the past year, members of some 57 percent of Danish households have zipped over to Germany to buy beverages onerously taxed at home. Denmark officials therefore plan to phase out the new taxes.

The government has already abandoned a notorious “fat tax” on foods with saturated fats. It seemed that Danes disliked the higher prices and unemployment caused by the tubby tax.

At least for now, then, Denmark officials have declared defeat on key fronts in the paternalistic war on soda, fats and liberty.

So, take heart, victims of America’s nanny state! The incursions are reversible.

This is Common Sense. I’m Paul Jacob.

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Thought

Henry David Thoreau

It takes two to speak the truth, — one to speak, and another to hear.

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Thought

Henry David Thoreau

It is not enough to be industrious; so are the ants. What are you industrious about?

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incumbents media and media people

Spring Cleaning

For the fifth year in a row, the Washington Post has offered readers a two-page spread, “Spring Cleaning: 10 Things to Toss Out,” featuring ten people on what to cleanse from our society.

Also for the fifth time, the Post’s email asking for my “thing” was obviously snagged by my spam filter. Computers!

Still, ten is a number I can easily count to — here’s the Post’s list:

  1. Ben Bernanke? The measure carries! Wait . . . do we get to vote?
  2. Compliments? Really? Well . . . good try.
  3. Retweets are not endorsements? Skip.
  4. Flip-flops? Wrong channel.
  5. Innovation? Love it. And yet I look forward to the new, upgraded version of any computer program like a shot of the Ebola virus with a long, dirty needle.
  6. Red Lines? Foreign Policy’s Editor Susan B. Glasser tossed out red lines, noting that in Syria “The ‘red line’ has been crossed . . . And Obama is backed into a predictable corner.” By all means, if the Great O cannot live up to his red-line proclamations, let’s been done with such lines. And the color red, too.
  7. The term “Working Mother”? Meaning: ALL mothers are working mothers. Heck, I can testify; I probably made the mess.
  8. College Rankings? It’s unanimous.
  9. Texas? Couldn’t we just move the Dallas Cowboys from the Eastern Division of the National Football Conference so Washington doesn’t have to play them?
  10. Automatic Tax Withholding? This was Milton Friedman’s idea to get money into the government faster during World War II. Since regretted. But not going anywhere anytime soon.

Too bad that doggone email didn’t arrive, but let me present the eleventh thing to toss out: Career politicians.

Time again to clean both House and Senate.

This is Common Sense. I’m Paul Jacob.

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Thought

Henry David Thoreau

Talk of mysteries! — Think of our life in nature, — daily to be shown matter, to come in contact with it, — rocks, trees, wind on our cheeks! The solid earth! the actual world! the common sense! Contact! Contact! Who are we? where are we?

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links

Townhall: The Significance of Persistent Guantanamo

Talk is cheap. And hey: this weekend’s Common Sense column over at Townhall.com is free!

But the president’s sanctimonious talk is cheaper yet, because his actions are about everything but high-minded principles. Including freedom.

Click on over to the column, and then come back here for more links to more reading.