Tag: federal

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national politics & policies Tenth Amendment federalism

The Great Weed Fake-Out

marijuana, weed, pot, federal, state, con

When, in the last State of the Union political rally, Stumbler-​in-​Chief Joe proclaimed that his administration had been “expunging thousands of convictions for the mere possession” of cannabis, did you believe him? Previously, when Second Banana Kamala set the theme, claiming to have “changed federal marijuana policy, because nobody should have to go to jail just for smoking weed,” how confident were you of her boast?

“Neither claim was accurate,” explains Jacob Sullum, in the June issue of Reason. They are exaggerations at best. For their voting bloc.

Remember Biden’s 2020 campaign promise to “decriminalize the use of cannabis” and “expunge all prior cannabis use convictions”?

They were undelivered because these moves would require new legislation.

Biden’s not a dictator. As much as he tries.

He still needs Congress.

When he announced, last October, to much ballyhoo, a mass pardon for simple marijuana possession convictions, directing a review of the drug’s classification under the Controlled Substances Act, neither move “actually ‘changed federal marijuana policy,’” Sullum insists. Not one prisoner was freed, and — more startling yet — no record was expunged … for while the president can pardon, he cannot legally expunge records. 

The question to ask ourselves is this: does Biden or anyone now in power really want to do anything more than yammer about drugs? 

After all, any substantive reform would require, as Sullum points out, addressing the tension in the union: a federal government claiming powers to regulate and prohibit (not found in the Constitution), and 38 states that have effectively nullified federal law.

Confronting that might lead to ceding a whole lot of power back to the states … on more matters than just weed.

This is Common Sense. I’m Paul Jacob. 

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free trade & free markets general freedom too much government

Don’t Follow the Feds

body cam, camera, police, feds, federal, crime, law,

“Federal agents never wear body cameras,” The Washington Post reports, “and they prohibit local officers from wearing them on their joint operations.”

That’s why a growing number of local law enforcement agencies are doing what Atlanta’s police chief and mayor “decided late last month,” pulling “out of joint task forces with the Drug Enforcement Administration, the FBI and the U.S. Marshals Service.”

The Justice Department supplies the usual excuses for their lack of transparency: they are “protecting sensitive or tactical methods” and “concerned about privacy interests of third parties.” But as Houston Police Chief Art Acevedo reminds, “if there’s a legitimate need to redact any [footage], there’s a process available for that through the courts.”

It is the height of hypocrisy, for the use of body cams has been “what they’ve been preaching,” St. Paul (Minn.) Police Chief Todd Axtell argues, referring to the Justice Department’s funding and training of local police forces in body-​camera usage. “It’s ironic they aren’t complying with what they preach to be so important in policing.”

Ironic? Sure. 

Par for the course? Indeed.

The bad example federal police agencies set is hardly limited to body-​camera use. In states where legislation has reduced or ended the outrageous practice of civil asset forfeiture — whereby police can take and keep cash and property from people never accused or convicted of any crime — the Feds are there again to facilitate the thievery known as “equitable sharing.” 

“Federal forfeiture policies are more permissive than many state policies,” a 2016 Post report explains, “allowing police to keep up to 80 percent of assets they seize.”

Make sure your local and state police don’t follow the Feds.

This is Common Sense. I’m Paul Jacob.

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body cam, camera, police, feds, federal, crime, law,

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crime and punishment Tenth Amendment federalism

Atrocity Meets the Commerce Clause

federalism, Capital Building, Commerce Clause, federal, law, prosecution

There may be no better example of an evil, real-​world villain needing to get justice (good and hard) than the Pittsburgh synagogue shooter. 

Since he survived the shoot-​out, he must now be put on trial.

But by whom?

In Allegheny County Court, Pittsburgh police filed a 34-​count criminal complaint against the mass murderer. Meanwhile, the federal government has filed its own charges.

“The federal criminal complaint … charges him with 29 felonies, including 11 violations of 18 USC 247, which authorizes the death penalty for fatally obstructing any person’s ‘free exercise of religious beliefs,’” summarizes Jacob Sullum at Reason. “Such a crime can be prosecuted in federal court as long as it ‘is in or affects interstate or foreign commerce.’”

Yes, that’s the Constitution’s Commerce Clause being cited. You see, the guns used were — get this — not made in Pennsylvania.

Call it the insanity clause.

“There is no general, overarching federal police power,” Andrew C. McCarthy explains in National Review. “Under the Constitution, the states were supposed to handle virtually all law enforcement, and certainly all enforcement involving offenses committed wholly within their territories — common crimes of violence.”

Why flout this principle? Historian Brion McClanahan says the Republicans, in this case, just cannot help themselves — posing as the “law and order” party, they feel the need to be seen to “do something.” So Attorney General Jeff Sessions tortures the Constitution to intervene where the federal government does not belong.

Not only is the State of Pennsylvania constitutionally authorized to handle the Pittsburgh synagogue massacre, it is more than competent to do so.

The federal government should, for once, stick to its own constitutional business.

This is Common Sense. I’m Paul Jacob.

 

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Accountability crime and punishment education and schooling national politics & policies responsibility U.S. Constitution

Will Feds Foil Foolish Licensing?

Marco Rubio, Elizabeth Warren, student, loan, debt, Florida, federalism, states, federal, law, college loan

It would be nice if the federal government used its often-​abused authority over state and local governments to outlaw various forms of state and local oppression. 

In his book Leviathan: The Growth of Local Government and the Erosion of Liberty, Clint Bolick argues that the federal government is not alone in hugely violating individual rights. Eminent domain, asset forfeiture, zoning, and occupational licensing are among the modes of sub-​federal assault on the innocent. Even as policymakers in various regions of the land act to stop the worst of these abuses, they proceed unchecked elsewhere. 

U.S. Senators Marco Rubio and Democrat Elizabeth Warren are the unlikely duo who may interrupt the now-​common practice of depriving delinquent borrowers of student loans of their right to earn a living from certain trades. Rubio recently admitted on Twitter that as a Florida lawmaker, he once voted to allow the state “to suspend professional licenses of those who defaulted on student loans. I WAS WRONG.… How can they pay back if they can’t work?” 

Yes, Rubio was wrong. 

Senator Warren, for her part, agrees that the practice is “wrong and counterproductive.”

The bi-​partisan duo’s bill would prohibit states from denying driver’s licenses and occupational licenses to borrowers who default on student loans. 

I don’t think the legislation goes as far as it should, even in the delimited area of occupational licensing. The absurdities of occupational licensing go way beyond the scope of the proposed remedy. 

But it’s a start.

This is Common Sense. I’m Paul Jacob.

 

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Photos by Gage Skidmore and Edward Kimmel

 

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crime and punishment folly free trade & free markets general freedom tax policy

Gold Leaf

cannabis, marijuana, legalization, tax, taxes, federal, Colorado, illustration, Jim Gill, Paul Jacob, Common sense

The experiment in legalized marijuana begun by citizens in the states of Washington and Colorado has, from the beginning, faced a huge obstacle: marijuana is still illegal, federally. State nullification of federal law is not merely “problematic,” it’s hard to “get away with.”

Take Colorado’s experience. The Centennial State, which has made the swiftest and most extensive progress regarding marijuana retail sales, has come up to an inevitable problem with the federal government.

Over banking.

Interesting Reason reporting tells us that “Marijuana-​related businesses in Colorado are so profitable that the government doesn’t know what to do with all of the tax revenue they’re generating. But business owners face a more immediate problem: Where to stash their own profits when banks won’t take it.”

Congress has been very active making banking less and less private and less and less free for decades now, in part because of the War on Drugs. Existing banks refused to take new cannabis clients.

So a new credit union was formed, to handle the cash.

And now, NBC News tells us, our central bank, the Federal Reserve (dubbed by NBC “the guardian of the U.S. banking system”), said “that it doesn’t intend to accept a penny connected to the sale of pot because the drug remains illegal under federal law.” Which makes modern banking difficult, even for a credit union, apparently.

What are “weed” businesses to do … other than what they are doing, hiring security guards for all the cash?

Maybe Bitcoin will step in. Or old gold-​warehouse banking, as was not unheard of even in the 19th century.

Or, maybe, the federal government will cease its over-reach?

This is Common Sense. I’m Paul Jacob.

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cannabis, marijuana, legalization, tax, taxes, federal, Colorado, illustration, Jim Gill, Paul Jacob, Common sense