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crime and punishment Fourth Amendment rights

Cops vs. Mobs, Tyranny vs. Law?

“He was stuffed into what may have been a rental van operated by unmarked federal agents,” explained Cato Institute’s Patrick Eddington, “and taken to the federal courthouse, where he was interrogated without counsel. He wisely refused to answer questions and was then subsequently released without any kind of charges being filed.”

Eddington concluded: “I think most people would call that kidnapping.” 

The “he” — detained and questioned by federal agents* in Portland, Oregon — is Mark Pettibone. Whether the van was rented is irrelevant, nor do these agents or their vehicles require any marking.

And criminal suspects can lawfully be held for questioning. 

“So that we understand how police may remove someone from the streets,” Cato Daily Podcast host Caleb Brown adroitly offered, “we understand that they need to identify themselves. . . . that people who are placed under arrest retain certain rights to communicate with the outside world, to assert their ability to have a lawyer present for questioning.

“It seems that perhaps,” added Brown, “asking for a lawyer was the trigger here” resulting in Mr. Pettibone’s release.

Eddington agreed, but then announced that it “really does have the feel of Argentina or Chile in the 1970s, with the disappearances that took place. The only thing lacking was Mr. Pettibone being murdered by those agents.”

That is one big “only”!

“This is being done essentially to try to suppress protests in this country,” argued Eddington. “It has nothing to actually do with protecting monuments.” 

“We’re talking only about violent rioters,” Homeland Security Deputy Secretary Ken Cuccinelli told NPR. “We’re not talking about actual protesters. We’re not seeking to interfere at all with anyone peacefully expressing themselves — period, full stop.”

Following the rule of law means protecting peaceful protests. And welcoming an investigation into the federal role in Portland. More concerning than Mr. Pettibone’s detention is the continued use of so-called non-lethal weapons, which seriously injured a protester weeks ago.

But the rule of law also means protecting Portlanders and their property against violence and destruction. And welcoming an investigation into the state and local dereliction of duty in Portland. 

This is Common Sense. I’m Paul Jacob.


* The Department of Homeland Security acknowledged that agents with the CBP (Customs and Border Protection) were “cross designated to support FPS” (the Federal Protection Service) in Portland “because of the demand for more manpower in light of the violence.”

Note: Walter Olson, a senior fellow at The Cato Institute’s Robert A. Levy Center for Constitutional Studies and founder of the blog, Over​lawyered​.com, details what we know about the Portland controversy. 

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Thought

John Jay

The jury has the right to judge both the law as well as the fact in controversy.

Supreme Court Chief Justice John Jay, in Georgia v. Brailsford, 1794.
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Today

Only Nine?

On July 22, 1937, the U.S. Senate voted down Franklin Delano Roosevelt’s court packing scheme.

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ideological culture

The Wide World of Woke

Courtesy of the UK’s Daily Mail we read of yet another example of the Wide World of Woke: “New push to RENAME body parts like the Adam’s apple and Achilles’ tendon because they are ‘irrelevant and misogynistic.’” 

Because of the Daily Mail coverage, this bizarre tale of one “council member for the Royal Australian and New Zealand College of Obstetricians” and her goofy itch to jigger the medical nomenclature of body parts has received a lot of attention. Is there anything of major moment, here?

Well, the doctor doesn’t like the fact that embedded in medical terminology are semantic artifacts of past, less woke times.

“The word ‘hysterectomy,’” explains reporter Lauren Ferri, “originated from a time when women were treated for female hysteria by removing the uterus.” Adding that the good doctor “now prefers to use the term ‘uterectomy’ instead.”

To treat hysteria now we prescribe masks or marches.

But our doctor Down Under is not alone. Apparently woke medical folk around the world have many, many concerns:

  • Adam’s apple — Biblical*
  • The speculum — apparently named after a slave trader
  • The Pfannensteil incision — named after the male doctor who developed it
  • The Achilles tendon — named after the mythical hero who, as an infant, was dipped into the River Styx

The article mentions but does not link to “American researchers [who have] published a report reviewing 700 anatomical and histological eponyms and found that only one was named after a woman.”

All this no doubt seems trivial and unimportant — right up until we remember Orwell’s warning about those who wish to rule over language and to erase the past.

Like destroying monuments and altering history books: it should not be decided by a woke few.

This is Common Sense. I’m Paul Jacob.


* The lore mentioned in the article is quite extra-biblical, and not worth repeating.

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Photograph of the statue of Death of Achilles.

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Thought

Max Weber

Every scientific “fulfillment” raises new “questions” and cries out to be surpassed and rendered obsolete. Everyone who wishes to serve science has to resign himself to this.

Max Weber, from a speech (1918) presented at Munich University, published in 1919, and collected in ‘Wissenschaft als Beruf,’ Gessammelte Aufsätze zur Wissenschaftslehre (1922), 524–525, as translated by Rodney Livingstone in David Owen (ed.), The Vocation Lectures: Science as a Vocation: Politics as a Vocation (2004), 11.

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Today

Monkeys & the Moon

On July 21, 1925, in Dayton, Tennessee, high school biology teacher John T. Scopes was found guilty of teaching evolution in a public school classroom, and fined $100. The ambiguous legacy of the trial would continue — for decades, even to the present — to reveal the tensions inherent within a school system run by government and funded by taxpayers.

Interesting fact rarely noted: Scopes was teaching a heavily “eugenics” view, which would hardly be considered scientific by most modern standards.


Pictured above, publicity for Inherit the Wind, a 1960 movie about the trial, but with the names changed, fictionalized. The movie starred Spencer Tracy in the Clarence Darrow (lawyer for the defense) role; Frederic March in the prosecutorial part, “Matthew Harrison Brady,” the pseudonymous name for politician William Jennings Bryan; Dick York as the defendant, Mr. Scopes; and Gene Kelly as the Baltimore journalist, a stand-in for H. L. Mencken, whose infamous coverage of the story shocked the nation almost as much as the trial itself. It was Mencken who dubbed the affair “The Scopes ‘Monkey’ Trial.”

At the end of the movie (spoiler alert!) the famous prosecutor dies in the courtroom. In the historical case, Bryan died five days after the verdict. The movie was based on the 1955 play of the same name, written by Jerome Lawrence and Robert Edwin Lee, directed by Stanley Kramer. The script was adapted by Nedrick Young (originally as Nathan E. Douglas) and Harold Jacob Smith.


Today is the 51st anniversary of the Apollo 11 mission’s perambulation upon the Moon, on July 21, 1969. Neil Armstrong and Buzz Aldrin walked upon the surface of Mare Tranquillitatis for about two hours and 15 minutes. They spent over 21 hours on the surface, total, most of it inside the Lunar Module, at the site they called Tranquillity Base, before launching to rejoin astronaut Michael Collins in lunar orbit, and returning to Earth on July 24.

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general freedom media and media people

The Four Froms

Liberty was a straightforward concept.

Once. 

Then The New York Times got ahold of it back in April with a featured editorial: “The America We Need.” 

“Our society was especially vulnerable to this pandemic,” the paper alleges, “because so many Americans lack the essential liberty to protect their own lives and the lives of their families.”

The fight against the Wuhan virus has been deficient due to a deficit of . . . “essential liberty”? 

This isn’t the Merriam-Webster definition of “liberty,” i.e. the “quality or state of being free” or “freedom from physical restraint.” Dump that retro “narrow and negative definition,” advises the editorial; it represents an “impoverished view of freedom” that “has perpetuated the nation’s defining racial inequalities and kept the poor trapped in poverty.”

Freedom of speech, religion, the press, etc., are all negative. Trade them in for a “broad and muscular conception of liberty: that government should provide all Americans with the freedom that comes from a stable and prosperous life.”

Prosperity for all! For free! Come on down!

Noting the “extraordinary nature of the crisis,” the editorial calls for “permanent changes in the social contract” to take the nation “beyond the threadbare nature of the American safety net.”

Free stuff from the government, housing, healthcare — all very positive ideas of liberty. 

But what about these positives’ negatives?

“A government big enough to give you everything you want,” former President Gerald Ford once explained to Congress, “is a government big enough to take from you everything you have.”

The cost of “positive freedom” is our freedom from dependence, from interference, from coercive control, from . . . oppression.

Positively negative, if you ask me.

This is Common Sense. I’m Paul Jacob.


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Illustration adapted from Liberty Leading the People (La liberté guidant le people) by Eugène Delacroix (1830)

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The Count Tracy

Born on July 20, 1754, Antoine Louis Claude Destutt, comte de Tracy, French philosopher and economist. Perhaps best remembered for coining the term “ideology,” he didn’t mean by that term what scornful Napoleon and communist Karl Marx later turned it into — for Destutt de Tracy ideology meant “the science of ideas,” a unified approach to all knowledge, from epistemology to social theory.

Though his family had been enobled twice, he renounced the title and entered the 1789 Estates General conference as a member of the Third Estate. During the Reign of Terror, he was imprisoned, and would have been executed had not Robespierre got to the scaffold ahead of him.

Two of his books became popular in early 19th century America, his commentaries on Montesquieu’s Spirit of the Laws, and his Traité de la volonté, which Thomas Jefferson, the editor of the American edition, retitled A Treatise on Political Economy. Tracy’s economics was of a deductivist stripe, familiar to readers of later economists such as Nassau Senior and Ludwig von Mises.

Destutt de Tracy’s political philosophy was republican, and his preferred economic policy was laissez-faire.


NASA’s Apollo 11 landed two humans on the Moon — Commander Neil Armstrong and lunar module pilot Buzz Aldrin — on July 20, 1969, at 20:17 UTC. Today is the 50th anniversary of this exploratory achievement.

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Thought

Mark Twain

Reader, suppose you were an idiot. And suppose you were a member of Congress. But I repeat myself.

Mark Twain, quoted in Robert Bigelow Paine, Mark Twain, a Biography (1912), p. 724.
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by Paul Jacob video

Watch: Trying Harder?

Paul clarifies last week’s big stories:

This Week in Common Sense, recorded July 17, 2020.