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Accountability crime and punishment First Amendment rights general freedom government transparency local leaders moral hazard Regulating Protest too much government U.S. Constitution

Lock Her Up

“Who Are We?” I asked Sunday at Townhall​.com.

Today’s question: What have we come to?

Under a seemingly click-​bait headline in The Atlantic, “Can Government Officials Have You Arrested for Speaking to Them?” Garrett Epps examines last week’s outrageous handcuffing and arrest of a Louisiana teacher, Deyshia Hargrave, for speech displeasing to the Vermilion Parish school board at a public meeting.

The elementary school teacher complained about a $30,000 raise the board was giving the superintendent, noting that teachers had not seen an increase in nearly a decade. After asserting that the raise would be “basically taken out of the pockets of teachers,” she was ruled out of order by the school board president and then asked to leave the premises. She calmly left the meeting room … only to be forced to the floor, handcuffed and arrested once in the hallway. 

Police claimed the arrest was for “remaining after having been forbidden” and “resisting an officer.”

The school district announced it won’t press charges. Very funny. Anyone can see from the video that her treatment was excessive. 

Next month, the U.S. Supreme Court will hear oral arguments in Lozman v. Riviera Beach, Florida, where an arrest was clearly retaliatory, but the city is newly claiming another violation it could have used to arrest Mr. Lozman. 

Does this after-​the-​fact adding on of charges provide governments with an escape clause? As Epps argues, a Lozman decision “could either rein in, or embolden, the tiny-​handed tyrants who rule county buildings and city halls around the country.”

If respectfully challenging our so-​called public servants in meetings designed for that can lead to being arrested, handcuffed and dragged off, we no longer live in ‘the land of the free.’

This is Common Sense. I’m Paul Jacob.


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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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Accountability crime and punishment general freedom moral hazard nannyism national politics & policies Second Amendment rights too much government U.S. Constitution

Government Control

When do we say enough is enough?” asked California Senator Kamala Harris after Devon Patrick Kelley murdered 26 churchgoing Texans in cold blood, last Sunday.

“The terrifying fact is that no one is safe so long as Congress chooses to do absolutely nothing in the face of this epidemic,” argued Connecticut Senator Chris Murphy.

President Trump, on the other hand, not only pointed out that criminals will violate gun laws to acquire weapons, he speculated that had Stephen Willeford, the former National Rifle Association instructor, not come upon the scene, armed, “instead of having 26 dead, you would have had hundreds more dead.”

After previous mass shootings, Democrats pushed legislation that, even if it had been the law, would not have prevented that particular killer from obtaining the weapons. This time it’s different, since the killer should not, by current law, have been allowed to purchase the firearms he used. Kelley’s conviction for domestic violence, while serving in the Air Force, disqualified him.* 

But the Air Force did not do its job, failing to report his record to the FBI. So the background check found … nothing. 

The Pentagon has known for at least two decades about failures to give military criminal history information to the FBI,” the Associated Press informed, “including the type of information the Air Force didn’t report about the Texas church gunman. …”

The Obama administration, through its command of the military, failed to execute the law designed to keep guns out of dangerous hands. And it sounds like this failure dates back to Bush and Clinton days. 

Where does the buck stop?

We don’t need gun control; we need government control. 

This is Common Sense. I’m Paul Jacob.

 

* Note also that the murderer, as Ben Shapiro recounted at National Review: “escaped from a mental institution in 2012, threatened his superior officers and attempted to smuggle weapons onto a military base to carry out those threats, cracked the skull of his infant stepson, beat his wife, abused a dog.”


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Accountability crime and punishment free trade & free markets general freedom ideological culture moral hazard nannyism national politics & policies property rights responsibility too much government

The Owners of Twitter Have Rights

Roger Stone is suing Twitter for kicking him out. 

Without saying exactly why they booted him, Twitter implies that the reason is abusive language. For his part, Stone accuses the social media giant of targeting right-​wing tweeters while letting left-​wing tweeters off the hook for the same or worse alleged wrongdoing. 

I’ll stipulate that Stone is justified in accusing Twitter of rank, ideologically motivated hypocrisy in applying its micro-​blog policies. But he’s wrong to sue.

As I have argued before — indeed, just yesterday — government should not regulate Internet forums and should not compel Twitter or other firms to provide a soapbox for anybody else. The only relevant legal issue here is whether Twitter has violated a contract. But Twitter does not agree to let anyone use its services unconditionally. And I don’t think that Stone is alleging any violation of contract. 

Our right to freedom of speech does not include the right to force others to give us access to their property in order to exercise that freedom. Nor do the rights of any individuals to use and dispose of their own property disappear if they happen to create a very big and successful enterprise. There are many ways to try to make Twitter pay for bad policies without using force against the company, including boycott and direct competition.

I agree with the guy who said that one’s right to freedom is not contingent upon a guarantee “that one will always do the right thing as others see it.” 

This is Common Sense. I’m Paul Jacob.


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Photo by Nigel on Flickr

 

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Common Sense

The Immovable Non-movers

You can’t suspend the law of gravity. Nor, apparently, the laws of bureaucratic lethargy and inertia.

Diana Rickert was a policy analyst with the Illinois Policy Institute who accepted a job with the administration of Illinois Governor Bruce Rauner.

She lasted six weeks.

The assignment: combine and streamline several governmental departments. After years of “railing against government,” she felt she must accept this opportunity to improve government from the inside. Or else forever wonder whether she might have made a difference.

She’s learned her answer. She could not. Not as an insider. Not without the authority, at a minimum, to fire useless employees, who abound in Illinois’s state government. 

And whose uselessness doesn’t always preclude outrageous expectations about salary and position.

Whether trying to get working computers or to get workers to work on simple but unfamiliar tasks, Diana and the few others eager to get stuff done were constantly thwarted by the apathy and sense of entitlement of the majority — and by endless arcane and senseless rules. Rather than imply tacit acceptance of such a broken, unfixable system, she resigned.

All this sounds familiar, an inevitable feature of government bureaucracy with its glued-​in vested interests and lack of market-​style profit incentives. Old news if you’ve ever been to the DMV. 

So what’s the answer? Give up?

No. Illinois is “ready for change,” Diana Rickert says. But it’s outsiders who will have to change it — from the outside … “because the insiders never will.”

This is Common Sense. I’m Paul Jacob.


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Accountability ballot access general freedom government transparency ideological culture initiative, referendum, and recall insider corruption local leaders national politics & policies property rights Regulating Protest responsibility too much government U.S. Constitution

The Great Faction

Politics isn’t a pretty business. 

Frédéric Bastiat called the beast it serves “that great fiction” not because it doesn’t exist — intrusive state power sure persists — but rather because what it promises cannot really happen: “everyone living at the expense of everyone else.”

What can we do? How do we counteract a game that is rigged to increase the insanity, not reduce it?

Last week I indicated one thing a minor party with that goal in mind could do: use its power of spoiling elections to change major party behavior, and thus give citizens a fighting chance to restrain governmental metastasis.

Cancer.

I also suggested “blackmailing” the major parties into setting up a system of voting that … ends the power to blackmail! I believe that system — ranked choice voting — holds many positives, not the least of which is ending strategic voting, wherein voters are tempted to “falsify” their own preferences and support candidates they might dislike. This is as corrupting to the citizenry as the Great Fiction itself.

Let’s hope a savvy minor party leverages the major parties, gaining reforms to improve the system. Regardless, we can all — independently — push two other limits on political power:

  1. term limits at all levels, and
  2. initiative and referendum rights in all the states, not just the 26 that have it now.

Initiative and referendum rights would give ordinary citizens the leverage to possibly restrain the mad rush to live at each others’ expense. With the initiative, citizens can gain term limits, which produce more competitive legislative elections and lead to fewer legislators captured by the interests loitering in the capitol.

This is Common Sense. I’m Paul Jacob.


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