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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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initiative, referendum, and recall local leaders nannyism regulation

Discrimination, California-​Style

How far will a California lawmaker go to try reverse a validly enacted and also very good citizen initiative?

In 1996, California voters passed Proposition 209, the California Civil Rights Initiative, which prohibits the state government from imposing race-​based, ethnicity-​based, or sex-​based preferences.

Prop 209 added a section to the California Constitution stating that the government “shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.”

In 2020, friends of racial discrimination tried to revive racial preferences through a referendum. But voters shot it down, even though proponents outspent opponents 14 to one.

Now California Assemblyman Corey Jackson wants to revive racial preferences another way. His bill, ACA7, would not touch the language of Proposition 209. But it would empower the governor to make exceptions. What exceptions? Any he wishes, as long as he spews the right rationalizations when he does so.

Law professor Gail Heriot, who has launched a change​.org petition to oppose the measure, says that “ACA7’s proponents are hoping that voters will be fooled into thinking that it is just a small exception. In fact, it gives the governor enormous power to nullify Proposition 209.”

ACA7 has passed the House and now goes to the state senate, awaiting the magic of legislative action. Heriot says Californians should let their senators know where they stand on the bill. I don’t disagree.

This is Common Sense. I’m Paul Jacob.


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Accountability government transparency ideological culture

Pandemic Politics … or Poltroonery?

Fear was a major theme — and ploy — during the pandemic. But it’s looking now like the people we have been told to rely upon for our safety are themselves moved by fear. They’re cowards, poltroons.

The Centers for Disease Control wrote an alert in the thick of 2021’s “vaccine” rollout, warning of the dangers of the Moderna and Pfizer jabs.

It was never sent out.

“In the May 25, 2021, email, exclusively obtained by The Epoch Times, a CDC official revealed why some officials were against sending the alert,” explains Zachary Stieber. You see, while an alert to health care professionals using the official Health Area Network system made complete sense, one CDC official gave a clue to her colleagues’ hesitance: “people don’t want to appear alarmist,” you see.

What did we who took the jab risk? Heart inflammation, or myocarditis. The CDC knew this early on.

But did not warn us.

Now, from listening to Dr. John Campbell on YouTube and Rumble, we have learnedlot more (if not in time in 2021) about the myocarditis threat. The takers of the modRNA treatment who are most at risk are those who engage in strenuous exercise soon after inoculation (which explains why the bulk of the afflicted have been boys and young men in the prime of life). Or so I last heard. I am certainly no doctor; I merely rely upon doctors to advise me.

And those doctors, in turn, rely upon official sources of information like the CDC. 

Who did not advise them properly.

Who worry too much about “appearing alarmist” and not enough about relaying the best information.

Poltroons!

This is Common Sense. I’m Paul Jacob.


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national politics & policies partisanship Regulating Protest

Home of the Surveilled 

Abusive investigations that must themselves be investigated are piling up.

In the case commanding our attention today, the meta-​investigating organization is the Select Subcommittee on the Weaponization of the Federal Government. It is investigating the Financial Crimes Enforcement Network (FinCEN).

Who does FinCEN pursue? True scoundrels? Hapless executives caught in a regulatory net?

Nope. FinCEN has been on fishing expeditions. It hasn’t been going after persons suspected of either willfully committing crimes or even tripping over regulations accidentally, or at least not only such types.

It has been going after anybody whose purchasing history puts them in the category of wrong-​thinking rightists — hence, I guess, crypto-terrorists.

FinCEN has been instructing banks to scan customer records for evidence of suspect purchases. Not illegal purchases. Just “suspicious” in light of an ideological filter, unconstitutionally applied.

On Twitter, Representative Jim Jordan reported recently that the subcommittee now knows that FinCEN required financial institutions to screen transactions in which terms like “MAGA,” “Trump,” “Bible,” and “Bass Pro Shop” popped up. 

Apparently, if you’re fishing while wearing a MAGA cap and quoting Genesis, you just might be on the verge of shooting up your local post office.

Please don’t ask me to explain what anybody involved with FinCEN could possibly be thinking by engaging in this illegal spying. Or whether they have even a glancing acquaintance with constitutional protections against unreasonable searches and seizures.

I’m just glad Jordan and his Weaponization Subcommittee are on the job, “watching the watchers.”

This is Common Sense. I’m Paul Jacob.


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general freedom international affairs national politics & policies too much government

To End the Great Declension

“Today begins a new era in Argentina,” said Javier Milei in his inaugural address as the new president of Argentina. “Today we end a long and sad history of decadence and decline and begin the road to the reconstruction of our country.”

President Milei has focused on a problem — the decadence of mass poverty — and identified it with a basic view of government: interventionism in markets, central control and bureaucratic proliferation. These, once established, start a cycle that must end in decay, decline. “The outgoing government has left us with hyperinflation, and it is our top priority to make every effort to avoid a catastrophe that would push poverty above 90 percent and indigence above 50 percent,” he explained.

Milei is not hesitant; gradualism’s not his bag, for the country does not “have margin for sterile discussions. Our country demands action and immediate action.”

At some point, the argument runs, you have to boldly cut government. Not just cut the rate of government growth, which is about all American Republicans have achieved — often allowing others to take the credit, as with Bill “The Era of Big Government Is Over” Clinton.

Milei’s first act as president was an executive order reducing the number of government ministries from 21 to nine. If this move actually succeeds in paring down the size of Argentina’s state apparatus and workforce, it will be something of a miracle.

In a country that needs miracles. 

Here in these United States, we may not have hyperinflation, as such, but we do face a crisis. The deficits are persistent, and majorities in both parties seem utterly unconcerned about the $34 trillion debt, rushing at us fast. Costing more to service than we spend on defense.

Only Vivek Ramaswamy has pushed specific ways to cut government.

But, unlike Milei in South America, here in North America Vivek’s just not that popular.

This is Common Sense. I’m Paul Jacob.


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folly media and media people public opinion

Volcano Denialism

Some weather we’ve been having, eh? Record-​setting heat in many locales. 

It must be global warming!

Well, it is hotter than usual. 

But this is summer.

And a volcano did blow in the ocean near Tonga, a year and a half ago, and scientists at the time did say that the water vapor it placed into the stratosphere could linger for years, affecting the climate.

Still, you won’t see recognition of this factor for warming on the major news sources. They keep pushing the AGW line: anthropogenic (human-​caused) global warming: “climate change.”

Matt Walsh, on his podcast, ran through the vulcanism story last week. Water vapor is a more effective, broad-​spectrum greenhouse gas than CO2, which all the journos cannot help but push (because it fits a statist agenda, and that’s their real business: propaganda). 

Walsh calls mainstream AGW crusaders “volcano denialists.”

Our planet’s ecosystem is ultra-​complicated. Cloud cover (which has something to do with water vapor, you might say) can also cool the planet by increasing high-​altitude albedo, a point touched upon in The Epoch Times, “Nobel Winner on Climate Agenda: ‘We Are Totally Awash in Pseudoscience,” which focuses on physicist John Clausner and his contrarian views on climate. 

“Contra the IPCC and other major institutions,” Clausner contends “that climate is primarily set by … the ‘cloud cover thermostat,’ a self-​regulating process whereby more clouds start to enshroud the Earth when the temperature is too high and vice-versa.”

He was slated to give a talk to the International Monetary Fund on July 25, but that was cancelled. These elites have directed trillions of global dollars to “research” global climate, and Clausner’s caution that they’ve made “a trillion-​dollar mistake” is not exactly welcome.

It’s not just vulcanism they deny. They deny water.

This is Common Sense. I’m Paul Jacob.


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