Tag: bureaucrats

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crime and punishment Eighth Amendment rights general freedom

The Case of the Narrow Driveway

nanny state, regulations, government, bureaucrats

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

bureaucrats, regulation, laws, Idaho, illustration

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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bureaucrats, regulation, laws, Idaho, illustration

 

Illustration: Golconda by René Magritte

 

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Common Sense

Stay Awake for the Brownouts

Years ago, I would actually listen to lectures by economists on how the electric grid might function better. Pretty much only one thing remains in my head, the conclusion: Regulatory agencies and government-run electrical companies tend to be very inefficient when it comes to capitalizing their enterprises.

Have you nodded off, yet?

Sorry. There’s always been something a bit boring about these discussions. But the subject matter is really worth staying awake for.

Why?

Well, experts predict that in as soon as three years, Washington, D.C., Virginia, and Maryland – the area where I live – will be enduring rolling brownouts.

It’s not the fault of PJM, the already-regulated electric transmission company servicing the area. It’s the fault of members of Virginia’s State Corporation Commission and Maryland’s Public Service Commission.

Yes, ever more people are moving into the area. But the officials in charge of allowing new electric infrastructure to be set in place are refusing to grant permission to lay down the miles of new high-voltage electric lines the increasing demand requires.

What’s their rationale? Board members say they need more studies. Bureaucrats love studies. Could it be that friends and family and business partners of the board would be amongst those doing the studies?

I bet economists would have a less incendiary explanation. But the upshot is clear. Bureaucracies can be dangerously slow institutions to rest progress upon.

This is Common Sense. I’m Paul Jacob.

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Common Sense

The Little Boy Who Almost Could

One thing about toddler Mikolaj Sobolewski: He sure shows initiative.

The three-year-old Polish boy unlocked the front door to his home by himself, took the bus to the airport by himself, and apparently expected to board a plane.

Police found him at the airport and returned him to his parents, who, of course, were quite relieved. The police say there is “no suggestion of negligence on their part.” The kid just found his chance and took it.

It seems Mikolaj’s mom works near an airport in Warsaw and the boy had seen a lot of planes flying past her office. He wanted to see what it was like to be on one. He’d done enough dreaming about it, I guess, and decided to just do it.

Mikolaj made a mistake. He didn’t have enough information about how to fulfill his desire. He didn’t give enough thought to how his parents would feel when they found him missing. I know I’d have been worried sick if one of my own children at age three pulled the same disappearing act.

You might say that young Mikolaj has some growing up to do. All the same, we’ve got to give the boy credit for spunk, don’t we?

Write that name down and see if we hear about him again in twenty or thirty years. Mikolaj Sobolewski.

I don’t think he’ll grow up to be a bureaucrat.

Here’s hoping you and your kids have a great summer. Keep track of each other. And happy flying!

This is Common Sense. I’m Paul Jacob.