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national politics & policies too much government

Elon & Vivek to Cut Government?

Will it happen this time?

Even the most profligate taxers and spenders sometimes talk about making our federal government “more efficient” or about “cutting waste.” Commissions are set up, reports issued, and then — we still see the same runaway trajectory.

This time, former President and President-​Elect Donald Trump has announced that two heavy hitters, entrepreneurs Elon Musk and Vivek Ramaswamy, will be heading up a Department of Government Efficiency (DOGE) to do the job. They’re already planning and hiring.

Trump says that DOGE is determined to “dismantle government bureaucracy, slash regulations, cut wasteful expenditures, and restructure federal agencies.”

The project of cutting wasteful expenditures is the same going-​nowhere notion that we have seen before. If we get actual demolition of merely destructive agencies — which would require congressional cooperation, I believe — this would be great.

I can provide a list. But that would make me a part-​timer in this endeavor, and “We don’t need more part-​time idea generators,” DOGE says.

“We need super high-​IQ small-​government revolutionaries willing to work 80+ hours per week on unglamorous cost-​cutting. If that’s you, DM this account with your CV. Elon & Vivek will review the top 1% of applicants.”

Let us see what happens. Trump would have to push this forcefully and continually, getting his supporters to forcefully and continually pressure Congress, to get enough done fast enough to actually reduce Leviathan. And he’ll have a lot of other stuff to cope with.

But … boy, do we need it.

This is Common Sense. I’m Paul Jacob.


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regulation too much government

Wait, What?

The Federal Aviation Administration wants to fine Elon Musk’s spacefaring firm SpaceX $633,000 for various alleged infractions of FAA regulations. In response, Musk says he’s suing the agency for “regulatory overreach.”

One set of fines pertains to using an “unapproved control room” and failure to “conduct the required T‑2 hour poll” during a June 2023 launch: 350,000 smackers.

Another set, totaling $283,000, is for using an “unapproved rocket propellant farm,” i.e., tanks for storing fuel until it’s pumped into the ships, back in July 2023.

Meanwhile, the Justice Department has sued SpaceX for hiring “only U.S. citizens and lawful permanent residents” (wait, what?) and failing to take into account currently prevailing political winds. Perhaps the FAA should sue the Justice Department for expecting SpaceX to focus on anything but its missions.

The initial reporting doesn’t make clear whether there’s any merit to the FAA’s complaints — wrong specs for fuel tanks or whatever. The mere deviation from some regulation is meaningless if what SpaceX did instead is as safe or safer than what the bureaucrats stipulated.

Large enterprises must navigate an infinite number of regulations, and federal agencies are certainly selective enforcers. If you’re Boeing, it seems you can get away with shoddy practices for years, at least until the fit hits the shan.

I’ll wait to hear more, but I suspect that the FAA’s attempt to grab hundreds of thousands of dollars from Musk is indeed a symptom of regulatory overreach.

And just possibly motivated by … politics.

This is Common Sense. I’m Paul Jacob.


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crime and punishment national politics & policies regulation

Stop the Work Stoppers

Republican Representative Kevin Kiley of California has introduced H.J. Resolution 116 to block “the rule submitted by the Department of the Labor relating to ‘Employee or Independent Contractor Classification Under the Fair Labor Standards Act.’ ”

116 is a legislative attempt to thwart legislation by regulators.

Labor’s rule is modeled on the AB5 Act passed in California several years ago. Catering to unions, AB5’s idea was to kill the livelihoods of many gig workers or freelancers by making it much harder for companies and independent contractors to deal with each other.

The new rule, too, aims to kill competition with unions and expand the pool of employees who can be unionized.

AB5 caused a firestorm, leading to citizen initiatives, court battles, and victories and setbacks for besieged employers and freelancers. There’s been some backtracking of AB5, in part because sponsoring lawmakers realized that it hurt even favored constituencies. But California is still a land mine for would-​be freelancers.

The Labor Department is trying to impose AB5-​style reclassification on the national level now that national lawmakers have failed to pass legislation to do it.

These days, the many dictators in our government often regard legislative means of passing legislation as an option only of first resort. If that fails, well, stick it to the people some other way.

So Kiley — and, hopefully, an effective congressional majority — must pass a law saying no, regulators, you may not pass this law in the guise of a regulation.

This is Common Sense. I’m Paul Jacob.


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crime and punishment Eighth Amendment rights general freedom

The Case of the Narrow Driveway

Sandy Martinez: mother of three, working hard to get by, whole life ahead of her — why would she sabotage it by failing to perfectly park her car in her narrow driveway such that two of the wheels edged onto the grass?

Think I’m making it up? 

No. It’s true. Some people get distracted and treat their grass as if it were gravel and let their car edge onto it.

Why’dja do it Sandy, huh? Why?

On the hand, it’s her property, so who cares? 

What difference does it make? 

Well, mucho … if you’re Lantana, Florida, which fined Sandy $101,750 for imperfect parking, $47,000 because of storm-​inflicted fence damage, $16,000 for cracks in her driveway.

The good news is that Institute for Justice is litigating on behalf of Sandy Martinez and other homeowners being hit with plainly unjust fines for trivial code violations.

IJ argues that the state and local governments at fault are violating the Eighth Amendment’s prohibition against excessive fines. And the Institute and its clients are winning. The U.S. Supreme Court has just ruled, in Timbs v. Indiana, that this Eight Amendment ban applies to cities and states as well as to the federal government. 

Many locales, perhaps including Lantana, Florida, may still try to get away with the grift despite this definitive ruling. But sooner or later, some judge will throw out the blatantly excessive fines and point to the recent Supreme Court decision.

Help is on the way, Sandy.

This is Common Sense. I’m Paul Jacob.


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Accountability crime and punishment education and schooling

Problem Student, Problem Admin

“School downplayed warnings about 6‑year-​old before teacher’s shooting, staffers say,” The Washington Post headlined its Saturday report.

Weeks ago, elementary school teacher Abigail Zwerner was shot by a first grader in their Newport News, Virginia, classroom. Authorities are not sure of the precise motive but have called the attack “intentional.”

Zwerner remains hospitalized in stable condition, while her child assailant is in emergency custody undergoing “court-​ordered mental health treatment.”*

School officials received a tip that the boy had brought a gun to school but did not find the weapon in their search.

More disturbing, The Post interviewed “educators claiming that Zwerner raised alarms … and sought assistance” but “that school administrators waved away grave concerns about the 6‑year-old’s conduct.” The lad reportedly “threw furniture and other items in class,” once “barricaded the doors to a classroom, preventing a teacher and students from leaving,” and “was known campuswide for disruptive and violent behavior.”

One educator revealed that “the boy wrote a note telling a teacher he hated her and wanted to light her on fire and watch her die.” When brought “to the attention of Richneck administrators,” however, the teacher “was told to drop the matter.

“Several teachers said they received no support when they faced violence in the classroom or attacks from students,” the article informed. “Some speakers claimed the district is more interested in keeping discipline statistics low than in taking meaningful action to address students’ problems.”

The Post’s story was hampered by numerous school personnel refusing to talk citing their fear of reprisals from school authorities. 

While mental health help must be addressed, there is no solution to problems if administrators act like crooked politicians, simply sweeping aside serious issues.

This is Common Sense. I’m Paul Jacob.


* In Virginia, a person must be seven years of age to be charged with a crime, so the first grader will not be prosecuted.

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free trade & free markets too much government

The Exceptions Disprove the Rules

“I’ve instructed my prosecutors not to charge certain low-​level nonviolent offenses to avoid people being held in jail unnecessarily,” Maryland’s Attorney General Marilyn Mosby informed the state’s Republican governor. She also urged the governor “to release all inmates in state prisons who are over 60,” explains The Washington Times, “approved for parole or scheduled to complete their sentences within the next year.”

This is all to avoid a prison pandemic. Meanwhile, the “Food and Drug Administration (FDA) announced Monday that it would permit states to create laboratories for designing COVID-​19 tests,” Reason magazine tells us, adding that the FDA “has also decided to permit pharmacists to make their own alcohol-​based hand sanitizers.”

Reason’s Robby Soave asks the obvious question: “Why do the people who are working hardest to fight the coronavirus have to ask a slow federal bureaucracy for permission to save lives?”

The New York Times reports that Dr. Helen Y. Chu, an infectious disease expert in Seattle, tried mightily to perform tests on subjects, early in the epidemic, to track how the virus was spreading. She was stymied every which way.

By bureaucracies.

The kludge of bad regulations and laws merely adds cost and annoyance during normal times; during emergencies they present major stumbling blocks to public health.

So, when our leaders make special exceptions, they demonstrate that the regulations were always bad — now just worse.

Real leadership would nix these rules, permanently.

And, for that matter, end the war on drugs — and prostitution and other victimless crimes.

One of the infractions Maryland’s AG decided to go lax on, however, is public urination. That crime has victims and ought to remain a public health violation.

Though perhaps not worth imprisonment.

This is Common Sense. I’m Paul Jacob.


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freedom, prohibition, rules, regulations, red tape, bureaucracy,

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