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free trade & free markets regulation tax policy

Destroying Dane Farming

In February, Denmark’s farmers were worried “that plans to levy a carbon emission tax on farming” in the name of global weather control “would force them to reduce production and close farms.”

In the same month, farmers across Europe protested against assaults on their livelihood.

Meanwhile, a report by a government commission concluded that the carbon tax could cause Denmark’s agricultural production to decline by as much as a fifth. The central planners made clear that this was a price they were willing to pay in order to indulge their ideological-​meteorological fantasy.

And also, not incidentally, in order to collect more tax dollars.

But the concern and the estimates of the severity of the blow on farmers — to be penalized for providing food, a requirement of survival — availed naught.

The carbon emissions tax is being enacted and will take effect in 2030. The levy will initially be something like $96 per cow, rising to $241 per cow in 2035.

Insane. But cows produce methane “through their burps and manure,” CNN reports. So what can tyrants do but tax farmers into oblivion?

The fantasists may claim success no matter what global climate turns out to be in years to come. Or they may claim that their measures haven’t yet fixed the global climate only because the rest of the world’s countries haven’t yet followed suit and appropriately penalized their farmers for farming.

Only when civilization is fully destroyed will we be able “save” it.

This is Common Sense. I’m Paul Jacob.


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free trade & free markets too much government

An Ember of Hope?

Will the world escape the punishing “green energy” mandates?

The government of Italy is making known its unhappiness with a looming ban on sales of gas-​powered vehicles, supposed to happen by 2035. The mandate has been imposed by the European Union, of which Italy is a member.

The transition is to be attended by formal review of how things are progressing toward the goal of eliminating gas cars. One is scheduled for 2026. Italy wants it to happen sooner.

Italy’s industry minister, Adolfo Urso, has indicated that his government will soon formally request this early review. Everyone understands that this is not because the current government of Italy is in a hurry to stamp its imprimatur on the EU’s plans.

Urso says: “We believe it’s absolutely necessary to modify the direction of EU industrial policy. The automotive sector is the one where a change from the Green Deal is most required.”

Prime Minister Giorgia Meloni has called the decision to outlaw gas-​powered vehicles “self-​destructive.”

Meanwhile, demand for electric cars has slumped in Europe and the U.S. as the inconveniences and risks become better known. These include the cars’ still very high cost, their tendency to freeze up in very cold weather, the greater frequency with which their tires must be changed, the difficulties of recharging, the difficulties of putting out the fires when the cars catch fire.

May Italy show the way out of the debacle and let’s hope the rest of the EU follows.

This is Common Sense. I’m Paul Jacob.


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crime and punishment judiciary regulation

The Court v. the Power Grabbers

The U.S. Supreme Court giveth and the U.S. Supreme Court taketh away.

A slew of Supreme Court decisions is keeping us off balance. While we were still reeling from the blow delivered by Murthy v. Missouri’s go-​ahead for federal suppression of social-​media speech, the court also acted to rein in runaway bureaucrats.

The decision, which some call a “major blow to big government”  — let’s see how it plays out before echoing this — is Loper Bright Enterprises v. Raimondo. In this 6 – 3 ruling to limit the administrative state’s power to expand its power, the court reversed its own 1984 ruling, Chevron USA v. NRDC.

According to Stanford Law professor Michael McConnell, Chevron meant that when the actions of a federal agency — to stop you from cleaning up a pond (“wetland”) on your own property or whatever — end up being litigated, courts must “defer to the agency’s own construction of its operating statute” unless that construction is too wildly unreasonable.

Agencies consequently enjoyed “considerable leeway in determining the scope” of what they can do to us. 

Guess what. They typically prefer more power to less, less constitutional restraint to more.

“Chevron is overruled,” the new ruling states. Courts must “exercise their independent judgment in deciding whether an agency has acted within its statutory authority, and courts may not defer to an agency interpretation of the law simply because a statute is ambiguous.”

Maybe more courts will now more often stop runaway bureaucrats in their tracks.

This is Common Sense. I’m Paul Jacob.


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crime and punishment free trade & free markets regulation

Natural vs. Regulated

“I don’t need metabolically unhealthy politicians and obese bureaucrats watching out for my health,” The Telegraph quotes an anonymous source. 

The subject? “How milk became the new culture war dividing America,” published on June 22. It’s a “natural” vs. “technological” debate.

“For more than 130 years, Americans have been instructed that drinking milk that comes directly from a cow’s udder can be dangerous,” Tony Diver’s article begins, but how it ends is telling: “‘With respect to the question of food being natural — arsenic is natural,’ Prof Schaffner said.” And so, too, he says, is cyanide. 

“Sharks are natural. Those things can all kill you. So just because something is natural does not mean that it’s safe.’”

That sounds like something I’d say. 

But is it something to say about raw milk?

Consider the historical context. Raw milk and its products have been produced for human consumption for millennia. Of course there are dangers, and pasteurization has done wonders to curb bacteriological infections and death. Still, a lot of people wonder what we’ve lost in the pasteurization process. Nutrition and immune system health, for example. So for decades — perhaps as long as there have been regulations to make pasteurization mandatory — there’s been a “pro-​natural” backlash.

On the Nature side, we note that our populations aren’t as healthy as you’d expect from the benevolent tyranny of politicians, regulators, and, uh, “obese bureaucrats.”

So, last week, “the latest bill to repeal an outright ban on raw milk hit the governor’s desk in Louisiana, after similar efforts in West Virginia, Iowa, Georgia and North Dakota.”

If signed into law, Louisianans will be able to purchase raw milk in stores — “albeit with a warning, in capital letters, that it is ‘not for human consumption.’

“Everyone, including the legislators, knows that instruction will be ignored.”

There’s something sickness-​inducing about that.

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 general freedom nannyism national politics & policies responsibility too much government

Report from the Lab

The State of Idaho does something the federal government should emulate. The only state I can think of that has a popular candy bar named after it has a legislature that regularly nixes regulations made by the state’s executive branch.

Think of it as a line-​item veto for the legislature.

Now, at this point, if you know the Constitution but not today’s “living Constitution,” you might wonder: Don’t legislatures write the regulations? Alas, at the federal level, as in most states, the legislative branch has granted to bureaucrats in the Executive Branch a great deal of leeway to cook up what sure feel like “laws.”

“Last year the Federal Register,” Wayne Hoffman explains in theWall Street Journal, “which publishes agency rules, proposals and notices, exceeded 80,260 pages — the third-​highest in its history, according to a report from the Competitive Enterprise Institute.”

Idaho provides a good model for taking back such ceded legislative power.

Let’s remember the idea of “the several states” experimenting with new and old ideas separately, heralded in a famous phrase, “laboratories of democracy.”

This allows good practices to spread slowly throughout all the states … based on results.

Meanwhile, Mr. Hoffman informs us, Idaho’s practice is traditional, not hallowed in the state’s constitution. A 2014 referendum narrowly failed to get Idahoans to change the constitution to incorporate this “best practice” into explicit law — the legislature had not adequately explained the situation to the public first time around — Idaho solons are trying again.

Make representatives responsible for regulations, and therefore more accountable.

This is Common Sense. I’m Paul Jacob.


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Illustration: Golconda by René Magritte