Tag: law

Toiletarianism

toilet, bathroom, trans, transgender, sex, gender, law, folly

President Obama and other politicians are taking a wide stance over the nation’s public restrooms. Important bathroom policy will finally be determined at the highest levels.

Last week, public educators nationwide received a legalistically-worded letter from the Departments of Justice and Education explaining how to legally treat transgender students under Title IX of the Civil Rights Act. CNN boiled it down to “Fall in line or face loss of federal funding.”

Friendly federal “guidance” comes after dueling lawsuits between the Feds and North Carolina over that state’s House Bill 2, which establishes statewide restroom regulations. Those regs require that transgender folks use the bathroom appropriate to the sex listed on their birth certificate (whether Kenyan, Canadian or other).

Obama wants Americans to choose the restroom matching their self-chosen “gender identity.” Conservatives seem most worried that his policy is so loosely defined as to allow non-transgender male persons to simply claim to be transgender in order to shower with the girls volley-ball team or lurk in the powder room.

“Have we gone stark raving nuts?” questioned Sen. Ted Cruz, proclaiming: “Grown adult men, strangers, should not be alone in a bathroom with little girls.”

In California, there’s legislation to force businesses to make “all single-stall public restrooms” gender neutral. “Let’s make a clear statement that, if you want to go pee, by all means help yourself,” argued the proposal’s author.

Transgender people should be treated with care and respect, as should every person. But do we really need a national bathroom policy designed for maximum division in an election year?

Before politicians solve today’s glaring non-problem in public restrooms, they should solve a real problem first.

Just one.

This is Common Sense. I’m Paul Jacob.

Printable PDF

Tags bathroom, folly, gender, law, sex, toilet, trans, transgender

Accountability crime and punishment moral hazard national politics & policies property rights too much government U.S. Constitution

Return to Robbery

civil asset forfeiture, asset, forfeiture, police, abuse, stealing, theft, property, Common Sense

Last week, the crooks in Washington proved themselves nice enough to let us know that their rip-off machine is back in action. The Obama Justice Department announced the resumption of the “equitable sharing” program, whereby the Feds sing Kumbaya with state and local police while sharing the loot they snatch from innocent folks through “civil asset forfeiture.”

Yes, there again is that strange three-word, legalistic, police-pocketing term: civil asset forfeiture.

Free country? Not so long as local police and federal government agencies seize people’s stuff without ever charging or convicting those people of a crime. Simply by claiming suspicion . . . about their stuff.

To get their money or property back, the victims must hire an attorney and sue the government. Guilty until proven innocent. Only those raking in the ill-gotten gains are shameless enough to defend this completely un-American practice.

Which more than doubled in use during President Obama’s first five years in office, according to The Washington Post. Today, police and various government agents actually take more value from innocent Americans through civil asset forfeiture than do burglars through burglary.

“As President Obama counts down the days of his last year in office,” the Cato Institute’s Adam Bates wrote back in January, “one positive step he could take for his legacy would be to halt the federal government’s use of civil asset forfeiture and make the suspension of the equitable sharing program permanent.”

Yet, despite Mr. Obama’s talk about criminal justice reform, and despite his ability to bring justice with a stroke of his pen (and actually within his constitutional authority), last week the Feds instead went back to business as usual, ripping people off.

This is Common Sense. I’m Paul Jacob.

Printable PDF

Common Sense Needs Your Help!

Also, please consider showing your appreciation by dropping something in our tip jar (this link will take you to the Citizens in Charge donation page… and your contribution will go to the support of the Common Sense website). Maintaining this site takes time and money.

Your help in spreading the message of common sense and liberty is very much appreciated!

Tags asset forfeiture, civil asset forfeiture, corruption, crime, law, police

crime and punishment folly ideological culture responsibility too much government

Pincher, Pinchee

police, crime, law, rights, pinch, juvenile, illustration

Limited government sports several rationales. The need for it pertains on many levels. One such level we don’t think about enough? This: Not every rights violation warrants calling in the law.

Take the strange case of Breana Evans, 12-year-old assailant, charged with misdemeanor battery.

What did she do?

She pinched the gluteal posterior of a boy she did not know.

Now, pinching the butt-end of strangers is a breach not only of decorum (to the extent that this standard we call “decorum” even exists any more), but of a pinchee’s rights.

Yet it was a mere pinch.

And the boy did not press charges.

The school’s “resource deputy” did not arrest her; she was merely suspended from school.

It would have remained a minor matter (so to speak) had not the boy’s mother “insisted to police that he was the victim of battery, and so they had no choice but to arrest Breana,” as Robby Soave explained over at Reason. “She was Mirandized and put in a patrol car. They took her mugshot and booked her into juvenile detention.”

The escalation of the dispute over carnal rites and personal rights into a matter fit for the police is, it seems to me, a grave result of a sort of cultural hysteria about all sorts of things. The willingness of some adults to push children through our harsh, bureaucratic, and often ruthless criminal justice system is sad to behold.

It is more indecent than a pinch.

This is Common Sense. I’m Paul Jacob.

Printable PDF

Common Sense Needs Your Help!

Your help in spreading the message of common sense and liberty is very much appreciated!

Tags assault, child, children, crime, law, public schools, rights

crime and punishment general freedom moral hazard privacy property rights too much government

Taking Our Stuff Back

civil asset forfeiture, police, abuse, robbery, Common Sense

There’s been a big push for criminal justice reform, with some recent progress on civil asset forfeiture.

This is the process through which police and government agencies grab a citizen’s money or property — even if the citizen is never charged with a crime, much less convicted. Then, to get one’s stuff back, a citizen must sue to prove the stuff was innocent of being involved in criminal activity.

Asset forfeiture without a criminal conviction turns our system of justice on its head, encouraging bad behavior by police — ahem, stealing — by rewarding departments and agencies that get to keep the loot.

Reform legislation passed through an Oklahoma House committee earlier this week and now goes to the full House. Television News 9 in Oklahoma City began its report by acknowledging that, “A watered down version of the civil asset forfeiture bill has crossed another hurdle in the state Legislature.”

That’s because a bill to end civil asset forfeiture outright had already failed in the Senate. The currently pending legislation requires that citizens who sue to recover their property and win be awarded their legal fees.

It’s progress . . . but still not justice enough.

Late last month, Wyoming’s Gov. Matt Mead signed reform legislation mandating that there be a probable cause hearing before the legal forfeiture process can begin. Good. But that was after Gov. Mead vetoed a better bill, which stopped all official, convictionless snatching of stuff.

Police taking people’s stuff without having to prove a crime must be ended altogether, abolished. That means we better stop waiting for politicians. Instead, petition this important principle directly to the people — use ballot initiatives in cities and states across the country.

No time like the present.

This is Common Sense. I’m Paul Jacob.

Printable PDF

Common Sense Needs Your Help!

Tags asset forfeiture, ballot initiative, civil asset forfeiture, law, police, police abuse

Accountability general freedom government transparency initiative, referendum, and recall Regulating Protest responsibility too much government

Fake Emergencies & Genuine Democracy

Post author By CS Admin
Post date February 25, 2016
1 Comment on Fake Emergencies & Genuine Democracy

initiative, legislature, Colorado, Oregon, emergency, emergency clause

Legislators aren’t honest.

Or maybe in Colorado and Oregon they just don’t understand the meaning of words . . . like “safety” and “emergency.” (Heck, there was once a politician unsure of what the meaning of the word “is” is.)

“The state constitution gives Coloradans the power to challenge news laws through citizen initiative,” explains the Independence Institute’s Mike Krause in a recent Freedom Minute video.

In order to force a popular vote, the referendum process requires citizens to submit petitions before the “effective date” of the new law. If a law is deemed truly “vital to public peace, health and safety,” however, the legislature may add what’s known as a “safety clause.” That puts the law into immediate effect . . . thereby blocking the people’s referendum power to petition that new law to the ballot.

Krause discloses that a majority of 2015 bills passed in Colorado contained so-called safety clauses — 68 percent in the Senate and 55 percent in the House.

In Oregon, the tactic is referred to as an “emergency clause.” There, too, most bills are passed as emergencies to block any citizen response.

Tired of legislators using fake emergencies to disenfranchise voters, attorney Eric Winters drafted an initiative mandating a two-thirds vote of both House and Senate for legislation with an emergency clause. Now a grassroots coalition has formed to petition his “No More Fake Emergencies Act” onto the ballot.

Last year, The Oregonian warned that by “abusing the emergency clause” and “attacking the prerogatives of voters,” legislators were inviting “a backlash.”

Taking the initiative, citizens will stop fake emergencies with genuine democracy.

This is Common Sense. I’m Paul Jacob.

Printable PDF

Tags ballot initiative, Colorado, emergency clause, Initiative Rights, initiatives, law, Oregon

crime and punishment general freedom government transparency judiciary moral hazard national politics & policies property rights too much government

Government Burglars

If you try to compare those police who take people’s money and property through civil asset forfeiture laws to burglars, who rob folks in more traditional ways, you are just not being fair.

To the burglars.

The Institute for Justice recently released an updated Policing for Profit report showing that federal asset forfeiture topped $5 billion in 2014. The FBI disclosed that in that same year $3.5 billion of value was lost in burglaries.

Then, folks did the math.

Steven Greenhut’s piece at reason.com was headlined, “Cops Now Take More Than Robbers.”

At The Washington Post Wonkblog, Christopher Ingraham explained there was an especially big haul in seized assets in 2014, including $1.7 billion from Bernie Madoff. Moreover, the dollar figure for burglary doesn’t include larceny, motor vehicle theft, etc. All such theft combined totaled more than $12 billion that year.

So, law enforcement isn’t stealing quite as much from citizens as the criminals they are supposed to be protecting us from are. Sort of a backhanded compliment, though.

Recent polling finds more than 70 percent of Americans opposed to seizing assets without a criminal conviction, i.e. innocent until proven guilty, but taking cash and cars and stuff from folks never charged with or convicted of a crime has become a big business for “our” government.

When legislation to mildly reform civil forfeiture failed recently in California, Mr. Greenhut called legislators’ votes “about money, not justice.” Ferocious lobbying by the California District Attorneys Association and the California Police Chiefs warned money-grubbing legislators that budgets would take an $80 to $100 million hit.

Theft is apparently quite lucrative. Who knew?

This is Common Sense. I’m Paul Jacob.

Printable PDF

Tags asset forfeiture, civil asset forfeiture, law, police abuse, robbery

crime and punishment general freedom nannyism national politics & policies tax policy too much government

Not Plutonium

marijuana, legalization, Ohio, law, crime, illustration, Common Sense

If Ohioans pass Issue 3 today, the days of pot prohibition will disappear like the smoke from a wild night’s last bong hit.

That’s sorta what Nick Gillespie of Reason argued yesterday, anyway. “[I]f marijuana can be legalized in Ohio,” he wrote, “it can — and will be — legalized everywhere and the war on pot is effectively over.” Why?

Ohio is the ultimate embodiment of mythical “middle America” and a state that once plastered “the Heart of It All” on its license plates. It’s poised to become just the fifth state to legalize weed — before liberal blue states like California, Maryland, New York, Massachusetts, and perhaps most importantly, before its dark twin in college sports and economic dissipation, Michigan. Given its paradigmatic normalcy, Ohio can be the place where the drug war . . . finally goes to die.

But there is a disturbing aspect to Issue 3: “Crony Capitalism.”

The constitutional amendment would not simply legalize growth and sale, subject to regulation similar to alcohol or tobacco. Though it would legalize home growth, it stakes out a complicated limited licensing system for commercial sale, allowing for only a handful of growers in the state.

Gillespie quotes one pro-legalization activist who objects to the very idea that “any group or corporation has the exclusive right to grow marijuana and sell it. It’s not plutonium. It’s an agricultural commodity that should be regulated like one.”

A recent poll shows voters evenly split on Issue 3, but increasingly troubled that the measure creates an un-free market, a lucrative marijuana monopoly for those funding the initiative.

Today’s balloting may determine only whether voters like marijuana more than they dislike monopolies.

This is Common Sense. I’m Paul Jacob.

Printable PDF

Tags crime, law, legalization, marijuana, marijuana legalization, tax policy

Accountability crime and punishment general freedom responsibility

Heroism for Everybody

self defense, gun, responsibility, terrorism, collage, photomontage, JGill, Paul Jacob, Common Sense

Liberty is achieved, when it is achieved, at a price. Vigilance.

And this isn’t just an inspiring political message. It’s practical advice for extraordinary circumstances.

What’s the best thing to do if you meet a mass murderer on a rampage, or a terrorist on his mission? It may not be to merely call 911. As one counterterrorism consultant puts it, “We are conditioned to dial 911 and wait, but, in the case of an active shooter, that does not work.”

This conflict expert, Alon Stivi, went on to explain that “[m]ost casualties occur within the first ten or fifteen minutes, and police response usually is too late.”

And speaking of 911, remember that on 9/11/2001, the most successful anti-terrorist effort was by the passengers of United Airlines Flight 93.

That was heroism. It cost them their lives, but they accomplished something in that they saved lives, too.

Some people don’t like bringing this up for fear of, well, hurting some feelings. But Ari Armstrong has an answer for this:

If we avoid serious discussions about self-defense and survival tactics in cases of intended mass murder out of fear that such discussions are somehow insensitive to victims of past attacks, all we accomplish is to ensure that more people will be murdered in possible future attacks.

There is a reason we should keep ourselves fit, and alert. Who knows when we may be called upon, by circumstance, to defend not only ourselves and our loved ones, but our way of life?

Sure, this “call” is made by the unjust. But we, the just, should answer anyway.

This is Common Sense. I’m Paul Jacob.

Printable PDF

Tags crime, gun, guns, law, responsibility, self-defense, terrorism

folly general freedom too much government

Worth a Crackdown?

Little Free Library, illustration, Common Sense, Paul Jacob

Charming. That is the best word to describe the “Little Free Library” movement.

Haven’t heard of it? It is the practice by which just plain folks share their books by building these little birdhouse-sized free lending libraries that they place in their yards by the curb. Usually, the little “libraries” encourage folks to take a book, bring a book.

Sometimes they advise readers to just take.

It’s the spirit of the public library, only provided privately, and without great pretense. Or expense.

The example in the artwork, above, is from across the country, in the tiny burg of Cathlamet, Washington. A reader sent me the photo. It is obvious: libraries like this are both quaint and useful — encouraging literacy, the activity of reading, and the appreciation of learning.

And yet, local governments across the country are cracking down.

Andrew Collins, writing at the Franklin Center website, points to an excellent Conor Friedersdorf article published early this year in The Atlantic, “The Danger of Being Neighborly Without a Permit.” Both these pieces present how meddlesome, ugly, intrusive, and anti-social local governments can be. Harassing friendly book providers with cease-and-desist letters, fines, and other niggly, invasive spins on zoning and public nuisance laws is just so idiotic it hardly merits much comment. But I agree with Friedersdorf — folks hosting Little Free Libraries are acting in the “venerable tradition” described by Alexis de Tocqueville in Democracy in America, the cooperative, neighborly culture that made our country great.

Government officials attacking this new, endearing bit of Americana are grand examples of the pettiness that is bringing America down.

This is Common Sense. I’m Paul Jacob.

Printable PDF

Tags de Tocqueville, Democracy in America, government, law, Library, regulation, regulations, The Atlantic

Common Sense folly general freedom ideological culture national politics & policies

Case Closed . . . But Ticking

Post author By CS Admin
Post date September 17, 2015
5 Comments on Case Closed . . . But Ticking

Ahmed, clock, terrorism, terrorist, alarm, hysteria, collage, photomontage, illustration, political, chicken little, fear

Irving, Texas, authorities — I use that term loosely — announced yesterday that the case has been closed. Over. Finito. These aren’t the droids you’re looking for.

What case? That of the 14-year-old clock-maker assumed to be a potential bomb-making/let’s-err-on-the-side-of-panic terrorist.

Perhaps it didn’t help that the youngster had the wrong last name: Mohamed. Or that his family had immigrated from Sudan.

Ahmed loves to tinker. On Monday, he brought one project, a clock, to school hoping to impress his engineering teacher. His teacher mistook the clock for an improvised bomb, and told Ahmed not to show it to anyone. When the clock’s alarm went off later, his English teacher took the clock and told him to pick it up after school.

Later, the principal pulled Ahmed out of class. Five policemen then interrogated the lad, eventually handcuffing and marching him to juvenile detention.

A police spokesman admitted there was never any threat made. And, of course, no bomb. Ahmed’s engineering teacher clearly wasn’t scared. Yet, this 14-year-old was still treated like a . . . terrorist.

Before being released.

Some charge this is a case of obvious bias against this student’s race or religion. Maybe that’s why even Hillary Clinton tweeted her support for the student and why President Obama invited Ahmed to bring his clock to the White House.

Though prejudice may be part of this story, I doubt it’s the main issue. Many students not named Mohamed have been treated similarly — for bringing a butter knife to cut an apple at lunch, or gnawing a PBJ sandwich into the shape of a gun, or (horrors!) “shooting” pointed fingers at classmates.

Public school’s zero-judgment zero-tolerance is equal opportunity insanity.

Not Common Sense. I’m Paul Jacob.

Printable PDF

Tags Ahmed Mohamed, clock, education, hysteria, law, Muslim terrorists, panic, schools, terrorism, war on terror