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folly Fourth Amendment rights property rights

Can They Do That?

Residential tenants in Zion — and their landlords — can breathe a sigh of relief.

The Zion, Illinois, government can no longer send officials to barge into rented homes at will to conduct obnoxious inspections.

The inspection regime was instituted in 2015 by a mayor who blamed an excess of renters for the town’s financial troubles. The motive for the searches, then, may have been to make it more uncomfortable to rent in Zion. Seriously. As dumb and thuggish as that.

Robert and Dorice Pierce and their landlord were among the victims of this regime.

When an inspector showed up at the Pierces’ door, they told him to get a warrant. But judges don’t generally accept “important to harass tenants” as a reason for issuing warrants. In any case, any respect for constitutional constraints was incompatible with the very nature of these intrusive practices.

So Zion’s response was to threaten the landlord, Josefina Lozano, with daily and mounting fines until she compelled the Pierces to capitulate. That’s when the trio turned to the Institute for Justice and decided to go to court.

This was familiar territory for IJ, which in the 1990s had successfully fought a similar inspection regime in Park Forest, Illinois.

And now, after three years of judicial proceedings, IJ and its clients have secured a consent decree prohibiting the warrantless inspections and prohibiting the fines.

But those who enacted this outrageous regime deserve a reprimand more stern than merely a loss in court. 

This is Common Sense. I’m Paul Jacob.


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Illustration created with PicFinder​.ai and DALL-E2

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folly Popular tax policy too much government

A Fake Mystery

California’s new top banana is playing politics the old-​fashioned way: passing the buck.

Last week Governor Gavin Newsom directed the California Energy Commission (CEC) to look into the state’s higher-​than-​average gasoline prices.

“Independent analysis suggests that an unaccounted-​for price differential exists in California’s gas prices and that this price differential may stem in part from inappropriate industry practices,” he wrote in an official letter to the CEC.  “These are all important reasons for the Commission to help shed light on what’s going on in our gasoline market.”

Ah, shed light!

We are not talking about the bulb in your outbuilding.

Californians understandably grumble about having to pay higher taxes than elsewhere in the U.S. So Newsom pretends to suspect “inappropriate industry practices.” But what is inappropriate is Newsom’s directive to the CEC. As Christian Britschgi drolly informs us at Reason, Newsom, while lieutenant governor, had “supported a 2017 bill increasing the state’s gas taxes,” which looks like all we really need to know. Raise taxes, and businesses tend to increase prices rather than eat the extra cost. Higher gas prices are the result of higher taxes.

Duh.

But there’s more.

“When running for governor in 2018,” Britschgi explains, “he opposed a ballot initiative that would have repealed that same increase.”

So, is Newsom truly clueless of the obvious?

Hardly. And neither are “17 legislators who voted for the tax hike” who joined the governor in “wanting answers to this difficult headscratcher.” They are doing what pols usually do: deflect; misdirect; blame others … hoping that voters don’t pay close enough attention, or remember recent history. And busy people often do not.

Finding a bogeyman helps, too.

This is Common Sense. I’m Paul Jacob.


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Gavin Newsom, Governor, California, gas, tax, prices, folly,

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national politics & policies political economy Popular

Re-​Packaging Nonsense as Wisdom

When committed to folly, clever people make it look wise.

An article last week in Forbes, “The Green New Deal: How We Will Pay For It Isn’t ‘A Thing’ — And Inflation Isn’t Either,” by Robert Hockett, says that “how could we pay for it?” challenges have already been answered best by Rep. Alexandria Ocasio-Cortez. 

She demands to know why only “useful ideas,” like hers, get challenged that way. “Where were the ‘pay-​fors’ for Bush’s $5 trillion wars and tax cuts, or for last year’s $2 trillion tax giveaway to billionaires?”

Where? Here!

And anywhere there’s common sense.

Hockney has his own retort, though, retrieving from the peanut gallery of economics an idiocy called “Modern Monetary Theory” (MMT). 

“Congress will authorize necessary spending, and Treasury will spend,” he writes. Government funds are “never ‘raised’ first” because “federal spending is what brings that money into existence.” 

Look, the United States has indeed come to rely upon debt financing. But it wasn’t always the rule. More importantly, the widespread and long-​term effects are where post-​gold standard monetary creation gets tricky. 

So are MMT advocates. Tricky, that is. What they hide are the dispersed costs, many of which we pay in higher prices.

Their main “contribution” — as stated in the National Review, of all places, yesterday — is that “When a government issues its own currency, as our federal government does, it is in a financial situation different from those of most institutions or households.”

Not really. When a household writes checks it knows will bounce, it does pretty much the same thing.

When governments rely upon debt money, someone is still getting ripped off. With government, though, it isn’t the businesses holding bad checks, it is all of us.

This is Common Sense. I’m Paul Jacob.


N.B. This episode of Common Sense has been corrected from the email version: the author of the Forbes article is not the painter David Hockney.


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green new deal, AOC, money, folly

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First Amendment rights too much government

Burning Isn’t the Only Way to Attack Books

The U.S. Copyright Office is enforcing an unjust and destructive law merely because it is there.

Selectively enforcing.

Valancourt Books prints books on demand. It keeps no stocks of books in a warehouse in between orders. Even so, the Copyright Office is demanding to be supplied with physical copies of each of the 400+ books in Valancourt’s catalog.

Failure to comply means crippling fines.

Why the harassment?

Well, once upon a time the Copyright Office required publishers to submit physical copies of books in order to receive copyrights for them. Yet the work of authors is now automatically copyrighted as soon as they create it.

Of course, the government doesn’t demand printed copies of their titles from every small publisher in the country. The Copyright Office just happens to have noticed and targeted Valancourt Books.

The Institute for Justice, which is representing the publisher in court, argues that this requirement unconstitutionally forces people to give up property without compensation, violating the takings clause of the First Amendment.

IJ also argues that the law violates the right of freedom of speech protected by that amendment. “People have a right to speak and to publish without notifying the government that they are doing so or incurring significant expenses,” IJ’s Jeffrey Redfern concludes.

“Because it’s there” may be a good reason to climb a mountain. It is a very poor reason to use an old — and outdated — law to destroy the livelihood of innocent people.

This is Common Sense. I’m Paul Jacob.

 


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Accountability folly general freedom government transparency moral hazard national politics & policies porkbarrel politics responsibility too much government

While the Clock Ticks

Pushing annual federal spending over a trillion bucks into the red?

It has consequences. 

“Our debt is growing, and it’s growing fast,” writes Veronique de Rugy at Reason. “Though it’s a shame that lawmakers passed tax cuts without cutting spending to offset short-​term losses in revenue, there’s no doubt that Social Security and Medicare deficits are almost entirely to blame for our impending debt crisis.”

Ms. de Rugy, a senior research fellow at the Mercatus Center, has a typo in the version of her article that I read (it has probably since been corrected): “Based on current trends, the debt held by the public is set to reach $15.7 trillion by the end of this year and continue rising to $28.7 trillion by 2028.” She surely meant “$25.7 trillion,” since the current debt clock figure shows the U.S. public debt at over $21 trillion. Still, $25.7 seems a bit high … but at this point we can leave the exact numbers to the professionals.

We just know that the debt’s too damn high.

As de Rugy explains, it has present as well as future cost. And, yes, entitlements are the biggest problem — but even more than Ms. de Rugy suggests. Congress owes the Social Security “trust fund” (in Al Gore’s infamous and non-​existent “lock box”) nearly $3 trillion.

Our solons would have to (painfully) switch from revenue deficits to revenue surpluses just to pay off its debt to a much-​relied upon institution.

What will happen, though, is surely this: Congress will borrow more from elsewhere to pay what Social Security needs — which all too soon will be a lot more than $3 trillion. 

That’s not Common Sense. (But I am Paul Jacob.)


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Accountability folly ideological culture national politics & policies responsibility

Politics as Painfully Usual

The crazed nature of our leaders’ willingness to spend beyond revenue, and accumulate debt, is not limited to one party. Both Democrats and Republicans are responsible for their outrageously perverse fiscal policies. 

Their irresponsibility hides in plain view, and can be seen in most of the major policy discussions of our time. Take two: 

  1. the Democrats’ idea of putting every American on Medicare and 
  2. the Republicans’ current tax reduction bill.

Though the Republicans often pretend to be all about something called “fiscal conservatism,” their murky tax plan is not fiscally sound. Not yet, anyway — after all, it is “evolving.”

And I expect it to get worse, not better.

“The current plan proposes about $5.8 trillion in tax reduction offset by about $3.6 trillion in base-​broadening offsets, meaning that it would result in a $2.2 trillion deficit increase over the next decade,” Peter Suderman summarizes over at Reason.

They have a number of cuts in the works, but also plan to spend more on defense and the like. The debt would go up.

But if the Republicans are hypocritical and irresponsible, the Democrats add sheer insanity to their irresponsibility. 

“Medicare for All” is pushed by Senator Bernie Sanders, who serves Vermont, where a similar universal system was enacted, only to be repealed after it proved unaffordable even with huge tax increases. All single-​payer/​socialized medicine proposals would require whopping tax increases to work, and the increases in spending would inevitably yield greater deficits.

Besides, Medicare is heading for financial Armageddon. Adding more burdens to a system that they cannot (or simply will not) now make solvent? 

Only a politician could consider such a “solution.”

This is Common Sense. I’m Paul Jacob.


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Art by John Goodridge on Flickr