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Accountability crime and punishment folly general freedom local leaders moral hazard nannyism national politics & policies Popular privacy Regulating Protest too much government

The Last Straw

How much should we fine waiters who destroy our planet?

For how long should they go to jail?

I don’t know where you would hold such an evildoer after the earth has been destroyed. Or where he’d go when released. But we’re speaking hypothetically. Assume that planet-​destroyers can be imprisoned on the moon, which let’s just say still orbits the earth’s decimated remains. Or assume that after being destroyed, the planet can be reconstructed. After serving his sentence, then, the waiter would be released to a reconstructed earth.

In that case, a maximum $1,000 fine as suggested by Ian Calderon, Democratic majority leader of the California State Assembly, seems only fair. However, a maximum of six months in jail is excessive. In my opinion, planet-​destroying waiters should suffer no more than 100 days in jail.

Calderon has proposed a bill, AB-​1884, to fine and/​or imprison waiters who offer unsolicited plastic straws to restaurant patrons. In response to criticism of his silly and vicious bill, Calderon says hey, it’s “NOT a ban” on straws! Oh, okay. Anyway, “Penalties are based on the code section the bill is currently in, which it will be amended out of,” which sounds like Calderon was prior to the uproar … what, joking?

As long as we’re amending, let me amend my own implication that people who offer, use, make or sell plastic straws* are in fact helping destroy earth. Just kidding!

The earth will survive plastic straws. Will it survive the Calderons of the world? 

Open question.

This is Common Sense. I’m Paul Jacob.

 

* Not that I’m confirming or denying ever using one myself. 


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Accountability folly government transparency local leaders moral hazard porkbarrel politics responsibility too much government

Babylon Goes Broke

A few Babylonian, er, California cities going bankrupt — Stockton, Vallejo, and Bell — should be seen as more than dead canaries in a coalminer’s care. 

Indeed, you don’t need special prophetic gifts to see the dangers posed by over-​promising cushy pensions to government workers. Californians are coming around. And the state’s governor, Jerry Brown, appears to be “calling for reductions in gold-​plated, unsustainable public-​sector pensions,” as Nick Gillespie informs us at Reason.

But statewide reforms will not be easy. The problem is huge, presenting grave costs. “Absent the ability to alter pensions, states and localities have to devote more and more of their taxes to simply covering the costs of retired workers,” Gillespie explains. “Worse still, they often raise taxes to cover rising costs, typically at the expense of providing basic services such as police and road maintenance.”

Yes, over-​promising defined-​benefit pension packages effectively distributes wealth away from basic government services and into the pockets of the people with whom politicians work most closely.

Unfortunately, the courts long ago decided that politicians’ promises to employees outweigh basic government duties. That is, the courts determined that “public-​sector employees at all levels of government had an inviolable right to the pension benefits that existed on the day they were hired.”

But the courts seem to be lightening up on this “California Rule,” and the governor has dared mention that, come “the next recession,” some headway might be possible.

No matter what you may think of this rather desperate hope, the writing is on the wall. And it is in red ink and numbers, not Babylonian.*

As America’s Babylon is finding out.

This is Common Sense. I’m Paul Jacob.

 

* And not “Mene, Mene, Tekel, Upharsin.”


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crime and punishment general freedom local leaders moral hazard nannyism responsibility too much government

Decriminalizing Balloon Release

I’m sure I disagree with most of the policies California Governor Jerry Brown seeks to propose and impose. But let’s give credit where credit is due. He’s right that people should not be treated like criminals when in a burst of celebratory excess they commit the sin of unleashing helium balloons.

California lawmakers thought it would be smart to make criminals out of toddlers and other Snidely Whiplashes who “willfully release” helium balloons made of electrically conductive material.

The potential problem is real enough. When the balloons collide with power lines, they may cause power surges or brief power outages. Squirrels and birds can also cause power outages, and are far more likely to do so. Luckily, though, nobody (so far) has thought of prosecuting wayward warblers.

In vetoing the legislation to criminalize balloon release, Governor Brown said he didn’t believe “that expanded criminal liability is the best solution to the problem of electrically conductive balloons interfering with power lines. As I have said before, our Penal Code is already far too complex and unnecessarily proscriptive. Criminal penalties are not the solution to every problem.”

Correct.

Brown’s veto message may seem like simple common sense. But in an age in which kids can be suspended from school for doodling a gun or carrying a maple leaf, we have learned that rudimentary reasonableness is not necessarily standard operating procedure. 

Hence, any instance of firmly refraining from lunacy must receive our heartfelt thanks and appreciation.

This is Common Sense. I’m Paul Jacob.


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folly free trade & free markets general freedom moral hazard nannyism responsibility too much government

Signature Nonsense

Did anyone really need this?

Last year, California’s Governor Jerry Brown signed into law Assembly Bill No. 1570, which concerns collectibles, particularly signed-​by-​author or artist books. But it doesn’t mention books, and is confusingly written. What a mess.

Who asked for it?

It certainly wasn’t the struggling booksellers who have come to depend on signed authors’ copies. In the Age of Amazon​.com, book vendors need to add value to stay afloat.* Author-​signed copies help.

The law says that for signed-​by-​creator collectibles sold for more than $5 — yes, a mere five smackers — sellers must provide customers a Certificate of Authentication. The law specifies nine “helpful” directions for said certificates. So imagine an edition of Brian Doherty’s Radicals for Capitalism, signed by the author at, say, a non-​profit dinner, or at a bookstore signing, or even a late-​night bar —discounted to not much over five bucks.** The bookseller must not only provide a certificate, but list the book’s provenance. Talk about an added cost of doing business.

I mention Mr. Doherty not merely because of his excellent book, but because he has not unreasonably confessed that “my own interests could be harmed by any attempt to actually enforce the letter of this law.”

This week on EconTalk, economist Mike Munger mentioned the market’s built-​in regulatory features — reputation being the most obvious — for helping consumers avoid getting ripped off buying books … and paintings … and anything else improved by creator signature.

But, really, can’t we make do with a little caveat emptor as well as caveat lector? Better than regulations this dense.

This is Common Sense. I’m Paul Jacob.

 

* The number of independent bookstores plummeted (down a thousand) around the country between 2000 and 2007. But there seems to be an increase since then, despite (or because of?) Abebooks and Alibris and other dot coms.

** I found a signed copy of Doherty’s history at Abebooks for $10.


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ideological culture local leaders national politics & policies responsibility

From Brexit to Calexit

When last we touched upon the strangely over-​the-​top Californian reaction to the Trump presidency, the secession movement, I took the occasion to bring up the rather less radical separatists in the north. “Already 21 of the 23 northernmost counties,” I wrote, “have made declarations to form the State of Jefferson.”

But now there is a new wrinkle. 

“Former UKip leader Nigel Farage and Leave backer Arron Banks recently helped raise $1 million for Calexit, which would split California into eastern and western regions,” we learn from the Daily Mail and the World Tribune. Banks, citing the high disapproval ratings Californians give their government, said that “he and Farage wanted to show people in California ‘how to light a fire and win’ the Calexit referendum.”

Their proposal is distinct from complete secession. It would amount to a California split, with the west coast (Los Angeles and north to the border) splitting off from the rest of the state. This would form an East California and a West California. 

Politically, this might appease the conservatives and moderates who live in more rural east and Southern California, especially since they are coming to increasingly despise Left Coast “liberals” (read: progressives). Whom they not implausibly blame for ruining the state.

But it leaves some Jefferson secessionists stuck with those “liberals.” This, if an oversight, is a big one. Would this not doom the scheme?

While the failed initiative effort of 2014 to split the state into six separate states was far too complicated to wrap one’s head around, the new Calexit effort seems too … simple.

This is Common Sense. I’m Paul Jacob.


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general freedom ideological culture initiative, referendum, and recall national politics & policies responsibility too much government

Adios, California?

Californians account for more than one of every ten Americans.

For now.

Three years ago, an initiative sought to split the mega-​state up. Had that measure succeeded, the U.S. Congress would have decided whether to permit the Golden State to become six separate states — with ten more U.S. Senators.

Now, a group called “Yes California” is petitioning for a 2018 ballot measure on leaving these United States altogether: Secession. “California could do more good as an independent country than it is able to do as just a U.S. state,” says its website.

Supporters argued in a recent Washington Post feature that California “subsidizes other states at a loss.” Indeed, it’s one of 14 states that get less money back from the federal government than paid in taxes.

And there’s Trump. Opposition to the president is palpable. California provided Hillary Clinton with a 4.3 million popular vote margin over Republican Donald Trump, 1.5 million more than her national margin.

“It’s understandable why the election of an evil white supremacist swindler as president,” wrote Zócalo Public Square’s Joe Mathews in the Fresno Bee, “has given the idea of California independence such currency.” Nonetheless, he opposes #CalExit as divisive and “not very Californian.”

Nationally, for partisan reasons, Republicans may cheer it, while Democrats shudder.

Me? I’m for self-determination.

But, remember: Northern Californians have been agitating to secede from the state since 1941. Those desires are picking up steam — especially with trepidation over whether the Oroville dam will hold. Folks feel unrepresented in the state capitol.*

And they are. Already 21 of the 23 northernmost counties have made declarations to form the State of Jefferson.

Let Californians decide … county by county.

This is Common Sense. I’m Paul Jacob.

 

* Note that Trump won by a landslide in the counties that would comprise Jefferson, our would-​be 51st state.


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