Tag: law

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crime and punishment general freedom too much government

The Right to Ignore Leviathan

Ignore Leviathan

Charles Murray, author of Losing Ground and other controversial books, has a suggestion. For business people. Pillars of the community. Fine, upstanding citizens.

Civil disobedience.

He’s suggesting, says John Stossel, that we ignore the parts of government that don’t make any sense, all the nonsense in the big books of the regulatory state.

Murray’s done this in his latest, intriguingly titled book, By the People: Rebuilding Liberty Without Permission. Stossel discusses it on reason.com:

Murray says, correctly, that no ordinary human being — not even a team of lawyers — can ever be sure how to obey the 810 pages of the Sarbanes-Oxley Act, 1,024 pages of the Affordable Care Act or 2,300 pages of Dodd-Frank. 

What if we all stopped trying? The government can’t put everyone in jail.

This is a provocative idea, even if not new.

Henry David Thoreau spent a night in jail for not paying the poll tax, a tax that helped pay for the Mexican war he so despised (and was right to despise). Thoreau eloquently argued for civil disobedience in such cases; Herbert Spencer did something similar, in his 1851 Social Statics, with the chapter “The Right to Ignore the State.”

It is a risky tactic, of course. Thoreau was, after all, incarcerated for that night. You could wind up spending more time in the hoosegow.

Still, it could be worth it. Civil disobedience has good effects. Stossel cites “historian Thaddeus Russell [who] reminds us that many freedoms we take for granted exist not because the government graciously granted liberties to us but because of lawbreakers.”

It’s another path for citizen-initiated reform.

And it’s Common Sense. I’m Paul Jacob.

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Ignore Leviathan

 

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crime and punishment general freedom government transparency judiciary national politics & policies

Court Vindicates Snowden

Edward Snowden

Sometimes if you postpone something long enough, someone else will do the job.

Last week, when the U.S. Court of Appeals for the Second Circuit ruled the National Security Agency’s metadata collection program unlawful, I immediately saw it as a vindication of Edward Snowden and his “illegal” leaks.

It will be hard to charge the man with treason for uncovering programs that have been determined, in court, to be themselves treasonous — or at least unconstitutional.

But I was busy last week; didn’t have time to make the case.

Nicely, Noah Feldman made it for me, at Bloomberg View. “This is the most serious blow to date,” writes Feldman in his May 7 article, a blow against “the legacy of the USA Patriot Act and the surveillance overreach that followed 9/11.”

The linkage with Snowden is in no way an imposition on the story:

The first striking thing about the court’s opinion was how openly it relied on Snowden’s revelations of classified material.  The court described how the program was known — by Snowden’s leaks. It also analyzed the NSA order to Verizon, leaked by Snowden, that proved the existence of the program and revealed indirectly the legal reasoning that the government relied on to authorize the metadata collection.

More importantly, Feldman recognizes that the decision rightly breaks “the bad precedent of secret law created by the NSA.”

A republic isn’t a republic if its laws are secret.

Now, of course, it’s time for Americans to cease their procrastination. If we don’t recognize that our government is out of control, no one else’s determination will matter.

Except, perhaps, history’s.

This is Common Sense. I’m Paul Jacob.

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Edward Snowden

 

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crime and punishment responsibility too much government

J’accuse, Chisholm

Crybaby Bully

Shouldn’t we imprison anyone who dares criticize the conduct of abusive public officials?

Panic not. You haven’t slipped through a portal into another dimension.

This is still Common Sense. I’m still Paul Jacob.

Interpret the initial interrogative, above, as my sardonic paraphrase of somebody else’s sentiment — that of a power-abusing official who bemoans any chastisement of his lousy actions. Who even threatens to prosecute persons voicing such criticism.

The man is John Chisholm, a Milwaukee D.A. who intimates that Wisconsin Governor Scott Walker should be investigated for blasting Chisholm’s churlish tactics against political opponents. These tactics include late-night raids motivated solely by political animus. (I’ve reported on these doings.)

Scott Walker told Iowans that “if the government can do that against people of one political persuasion, they can do it against anybody. . . . [I]t was really about people trying to intimidate people . . . [A] political witch hunt.”

Responding, Chisholm suggested, with blunderbuss subtlety, that “the Iowa criminal code, like Wisconsin’s, has provisions for intentionally making false statements intended to harm the reputation of others.”

Chisholm, you bum. You knave. You vile excrescence. Not even you dispute that your office’s raids directed against people like my colleague Eric O’Keefe occurred. Thus, you’ve no hint of a basis for a slander claim. You did the dirty deeds we’re deriding. Cheer and hug you for it, should we? (Eric has sued to block Chisholm’s secretive “John Doe” raids.)

All this does sound like the Twilight Zone. Unfortunately, it’s part of a new normal. Not one we need accept, however.

This is Common Sense. I’m Paul Jacob.

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Crybaby Bully

 

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Common Sense crime and punishment general freedom individual achievement responsibility

Resist Criminal Attacks

Defend and Evade

Are you ever too old to stop a mugger? Not if your mobility scooter is ready to go.

This conclusion is informed by the example of 92-year-old Eileen Mason, who was with her 75-year-old friend, Margaret Seabrook, when a mugger tried to make off with the contents of a scooter basket.

The two British great-grandmothers were returning from a lunch club in Wiltshire as the thief approached and targeted the older of the two.

When he grabbed Eileen Mason’s arm and reached for the bag, she shouted “Oh no you don’t” — at her maximum volume.

“I put my scooter into accelerate and turned really fast,” she told the UK Telegraph. “The next thing I know he was on the floor. I thought ‘my gosh.’ Something in me just told me to turn so I squeezed the accelerator and turned and he went flying. He was so evil looking.”

If you like this story, don’t miss the ones about the grandma who used a handbag to stop a jewel-store robbery, or the grandma who trapped a burglar in a shed.

Margaret Seabrook says they want their experience to teach people “not [to] leave things on display in their baskets. . . .”

That’s one lesson — don’t make yourself an unnecessarily tempting target. But the other thing is be prepared . . . to defend and evade.

If somebody is gearing up to rob you, be ready to stop him. At least, if you can do so without too much risk to life, limb, or liberty.

Thanks, ladies.

This is Common Sense. I’m Paul Jacob.

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Defend and Evade

 

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ideological culture national politics & policies too much government

Count to Ten

Counting the Commandments

Yesterday I argued that the Ten Commandments can and should be promoted — privately. Promoting one’s religion is expected . . . outside of government. But do that as a government official and suddenly what most folks consider good common sense morality sows discord.

Why? Simple. Your religion is yours. But the government is ours. It’s supposed to be. But since we don’t all share the same religion, your monument on public property or public commemoration seems nothing more than you shoving yours at us.

With the Decalogue, it’s even trickier. The Ten Commandments aren’t numbered as such in either Exodus or Deuteronomy. Jews, Catholics, and various Protestant denominations differ on ordering them. What one group calls the Fifth Commandment another calls the Fourth. What most American Protestants call the Tenth Commandment is numbered as the Ninth and Tenth by Catholics. And so on.

So any enumerated Decalogue is not merely Judeo-Christian-centric, likely to make Buddhists, Hindus, Yazidis and Sikhs at the very least uncomfortable. It would necessarily be denominationally preferential.

I bet most Ten Commandment listings promoted by American politicians are not the ones Catholics have memorized, by order — or Jews, or even Lutherans and Episcopalians.

These differences usually appear quite small, of course, especially in light of the overwhelming similarities. Accordingly, any disagreements about the Ten Commandments remain friendly, and will likely stay that way — unless government chooses one version over another.

In politics, the doctrine of enumerated powers is divisive enough. Add in multiple, competing enumerations of the Ten Commandments? Too much to divide us.

This is Common Sense. I’m Paul Jacob.

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Counting the Commandments

 

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general freedom ideological culture

Commanding Controversy

Ten Commandments

Is “Thou shalt create controversy” one of politicians’ Ten Commandments? Is “Thou shalt pass a law to solve every problem” their eleventh?

Meet Arkansas Senate Bill 939, which would authorize placing a monument to the Ten Commandments on capitol grounds. It passed the state senate last week, 27-3, and is headed to a similar slam-dunk in the House.

The Arkansas Democrat-Gazette reports that, according to authors Sen. Jason Rapert (R-Bigelow) and Rep. Kim Hammer (R-Benton), the effort “should be seen as a way to honor the historic role the biblical text has had in U.S. and Arkansas history and not seen solely as religious.”

No public dollars are involved, say proponents — private money is to purchase the obelisk. Opponents, many testifying, counter that the upkeep will still tap taxpayer money.

Not to mention the certain and certainly expensive litigation over the constitutionality of the endeavor.

I’m not one to shy from a constitutional battle, having launched more than a few of my own. But, well, I think the Ten Commandments might best serve as more than a prop.

Let me offer an alternative that (a) could actually get real people to read the Ten Commandments, no doubt with varied but valuable educational result, and (b) won’t cost the State of Arkansas one thin dime in maintenance or legal fees.

Download a copy of the Ten Commandments here. Share with others.

Reading and talking about the Decalogue has to be far better than picking an expensive fight about it.

No law necessary.

This is Common Sense. I’m Paul Jacob.

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Ten Commandments

 

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crime and punishment education and schooling folly Second Amendment rights

Pop Gun Tart

Pop Tart Criminal

America is often said to be a land of second chances.

Just not for 7-year-olds. At least, not when they’re in the public school system.

Back in 2013, a boy then in second grade in Anne Arundel, Maryland, was suspended for two days for what was deemed a “gun-related” offense.

It was also a Pop Tart-related offense.

No, he didn’t shoot a Pop Tart; he bit his Pop Tart into the shape of a gun. There’s a dispute as to whether he then pointed the high-calorie weapon at the ceiling or at other students. Either way, unless the strawberry filing was piping hot (it wasn’t), there wasn’t really anything to fear.

Still, school officials pretty much freaked out.

Of course, the incident did occur just months after the Newtown, Connecticut, school shooting, when six- and seven-year-olds were feeling the full weight of adult hysteria about guns, pastries, pointed fingers, etc.

Fast-forward to the present: the Maryland lad’s parents are still fighting to clear this gun-related black mark from his permanent record, fearful it could damage him even decades from now.

I don’t blame them.

Unfortunately, last week the Maryland State Board of Education upheld the suspension. A spokesperson for the local schools claimed it was warranted because of the lad’s “long history of disciplinary issues,” adding that the school “has gone to every conceivable length to assist that student.”

The attorney for the family says they will appeal.

My kids have been homeschooled, but next year my youngest will attend a public high school. I just hope we can find a good, inexpensive attorney to go with her.

This is Common Sense. I’m Paul Jacob.

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crime and punishment folly general freedom nannyism too much government

America’s Twilight Zones

On Friday I lamented the picking up, by local police, of two children, 10 and 6, for walking home from a local park . . .

and the subsequent two-month Montgomery County (Maryland) Child Protective Services investigation, which found the parents “responsible” for “unsubstantiated child neglect.”

Left unanswered? Whether parents “may” let their kids walk somewhere without supervision.

There’s no law, of course, against children walking in public without parents. But the “swarms of Officers” employed “to harass our people” aren’t limited by trifling things like laws.

This Kafkaesque episode reminds me of my experiences with campaign finance agencies.

In both cases, agencies rely upon meritless complaints to investigate, intimidate and impoverish people without any law being broken. All that’s required? An unelected bureaucrat’s arbitrary decision.

Take Lois Lerner. She ran the IRS division targeting conservative groups. Remember her allegedly lost emails? Irretrievable! Until someone actually looked for them.

Before violating people’s rights at the IRS, Lerner did so heading the Enforcement Division of the Federal Election Commission (FEC). A recent George Will column detailed her threats and very public and politically damaging harassment of Al Salvi, the Illinois Republican candidate for the U.S. Senate. Sure, he was fully acquitted in federal court . . . after his defeat.

Using a spurious complaint by former Rep. Mike Synar (D-Okla.), Lerner launched a political persecution against U.S. Term Limits, costing us nearly $100,000 in legal fees and much more in dislocated time and manpower.

Finding no evidence — there was none to find — the FEC finally closed the matter. But agency officials still issued a news release proclaiming that they believed we had violated the law.

An Oklahoma newspaper headline read, roughly, “National Term Limits Group Broke Law, Says FEC.”

Talk about “unsubstantiated.”

This is Common Sense. I’m Paul Jacob.

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crime and punishment folly judiciary

Contemptible Court

Judge Tim Grendell

Judge Tim Grendell missed his calling. Given his dictatorial impulses, he should have been a Soviet commissar or ancient Egyptian vizier. O, but for time, and place, and the mismatches of metempsychosis!

Grendell has lashed out punitively at Nancy McArthur, chairman of the Geauga County (Ohio) Republican Party, for seeking to undermine his authority with “vile” criticism. What happened? Did she interrupt courtroom proceedings with her aspersion-casting? Shout obloquy as he sought to instruct a jury?

Nothing like that. McArthur was never in Grendell’s court.

She did badmouth the judge, however . . . in private conversation.

The person McArthur was talking to is involved in a case presided over by Grendell, and, in a private email, reported on McArthur’s comments. Grendell, somehow, got hold of that email.

His response? Slap a subpoena on McArthur, demanding that she show cause why she should not “be held in Contempt of Court for making vile, contemptuous, slanderous, and insulting language directed at the Judge which reflects negatively on the integrity of the Court and impedes the Court in the administration of justice. . . .”

Yikes. McArthur was actually threatened with incarceration for speaking of this judge as if he were the type to do the sort of thing he did. Fortunately, his attempt to hold her in contempt has been blocked by an appellate court.

This isn’t the first time Grendell’s judicial reach has exceeded his ethical and constitutional grasp. Guilty of outrageous malpractice, he deserves a boot — to his rear, ejecting him from the bench.

This is Common Sense. I’m Paul Jacob.

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general freedom ideological culture nannyism national politics & policies too much government

Marriage Savings

Paul Jacob on how governments can save money, and clean up the marriage business, too

We’ve all seen lawmakers yammer on and on about how they want to “streamline” government, or “save the taxpayers money.”

But they rarely show us much for all the talk.

Paul Woolverton, writing this weekend in the Fayetteville Observer, noted one such lapse after the North Carolina Senate voted to create a law to let magistrates “opt out of conducting any weddings if they have a religious objection.”

The problem? “No one in the debate,” Mr. Woolverton asserts, “questioned the underlying premise that a magistrate or clergy member is necessary to seal the marriage contract.”

The involvement of the state in the marriage contract biz is unnecessarily complicated, he explains. “As fiscal conservatives,” Woolverton insists, they could have taken the opportunity to ask something more fundamental:

A man and a woman pay the government $60 to get a government-approved marriage license. Why should they then have to visit another government office and pay the government another $20, or hire a government-designated third party for a fee or “donation,” to finalize their marriage contract?

Woolverton suggests streamlining the process: “. . . [G]overnment should make its involvement the least intrusive it can be. It should record marriages when couples visit the Register of Deeds to buy their marriage licenses.”

And that’s it.

Betrothed couples can legally testify to meeting any and all state requirements — and officially inform the state of their pre-marriage and married names.

Those who want the services of a priest or rabbi or preacher or imam can hire one, or cajole one. Or two.

That’s just not state business.

This is Common Sense. I’m Paul Jacob.

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