Former Liberty Papers contributor Jason Pye may have long ago moved on from this humble blog but he certainly hasn’t moved on from doing his part to educate the general public on matters of liberty and justice. Pye’s latest work for Freedomworks is something I have a great deal of interest in and concern about: over-criminalization.
What can be done about the idea that the average person commits (usually unwittingly) three felonies a day? Pye offers some great ideas; mine are probably too radical. My radical proposal being
1. Congress should repeal the entire criminal code and restore the Crimes Act of 1790.
2. Crimes that are already on the books in a given state should have jurisdiction instead of similar federal crimes (i.e. murder is already a crime in all 50 states and all the territories, therefore; the federal government should not charge anyone for murder as the state or territory would use its police power to bring charges).
This would go a long way towards solving the problem of over-criminalization.
That said, Pye’s recommendations are probably more politically feasible and should be a great starting point.
Donald Trump’s response to Megyn Kelly’s tough questions during the first 2016 GOP debate (the main event) was quite revealing. “I’ve been very nice to you, although I could probably not be based on the way you have treated me. But I wouldn’t do that,” Trump complained during the debate. Following the debate, Trump whined of Kelly’s questions “The questions to me were not nice.”
Quick, someone call the whaaambulance! The Donald’s fragile feelings have been hurt.
This reminds me of one particular passage in John Stossel’s book Give Me A Break in which Trump complained about Stossel’s tough questioning regarding an eminent domain case Trump was involved in (more on that here). According to Stossel, Trump scolded his producer “Nobody talks to me that way!”
Nobody talks to me that way?
Is this what we want in a president? Someone who surrounds himself by people who “don’t talk to him that way”? A cabinet full of yes men and women?
Furthermore, he is running for the highest office in the land. When you throw your hat into the ring, you better be prepared to be talked to that way. You are going to be asked questions that are “not nice.” This is especially true for the person who is the front runner.
All of this from someone who calls his opponents “idiots” and “morons” among other things.
Here’s a clip of the exchange between Megyn Kelly and Donald Trump.
Were these questions “unfair” or was this a case of a journalist actually doing her job?
The DNC Chair, Debbie Wasserman Schultz was asked a very provocative question from a very unlikely person. The unlikely person was Chris Matthews and the unlikely question was the following:
“You’re chairman of the democratic party. Tell me the difference between you and a socialist”
The reason Matthews asked the question was because of the rising popularity of self-identified socialist Sen. Bernie Sanders (I-VT) who is challenging Hillary Clinton to be the presidential nominee of the Democrat Party. Clearly, Matthews along with most people who follow politics, does not believe that Bernie can actually prevail against Hillary (Bernie’s popularity among progressives notwithstanding). Given the tradition of both the Democrats and Republicans to give a prime time speaking slot during their respective national conventions, Matthews asked Schultz if Bernie would receive that honor.
Here is the video of the exchange.
At first blush, the question seems simple enough. Why couldn’t she answer?
But the more I thought about the question, it occurred to me that I couldn’t answer the question either (but in my defense, I’m not the DNC Chair either). I’m sure there must be a difference but unlike Chris Matthews, I don’t believe it’s a “huge” difference.
How does one go about answering this question? No two Democrats think exactly alike any more than any two Socialists or any two adherents to any other philosophy for that matter. Perhaps the better way to determine the differences between democrats and socialists is to compare party platforms.
This raises another problem: which party platforms?
For the Democrats, it makes the most sense to compare the DNC 2012 Platform (the most recent), but what about the Socialists? It seems that most third parties are Socialist in nature. Among these parties are the Socialist Workers Party, Socialist Equality Party, Party for Socialism and Liberation, Socialist Action, and Socialist Party USA.
It seems that I have no other choice but to pick one. I’ll compare the DNC 2012 Platform to that of Socialist Party USA (2013-2015). For the purposes of this post going forward, the contents of this particular platform is what “socialists” believe. I will also restrict the range of issues to socioeconomic issues where there is probably broad agreement among those who subscribe to Socialism as the best way to organize society and government.
As I examined the two platforms, I realized that making apples-to-apples comparisons would be more difficult than I expected. To the credit of the Socialists, their platform is much more to the point and easier to understand than the DNC’s. Here’s an excerpt from their economics plank:
The Socialist Party stands for a fundamental transformation of the economy, focusing on production for need not profit. So-called fair trade is meaningless as long as the world economy is dominated by a few massive corporations. Only a global transformation from capitalism to democratic socialism will provide the conditions for international peace, justice, and economic cooperation based on the large-scale transfer of resources and technology from the developed to the developing countries.
• We demand the immediate withdrawal of the United States from the North American Free Trade Agreement (NAFTA) and the Central American Free Trade Agreement (CAFTA), and oppose the creation of a widened Free Trade Area of the Americas (FTAA).
• We call for worker and community ownership and control of corporations within the framework of a decentralized and democratically determined economic plan.
• We call for a minimum wage of $15 per hour, indexed to the cost of living.
• We call for a full employment policy. We support the provision of a livable guaranteed annual income.
• We call for all financial and insurance institutions to be socially owned and operated by a democratically-controlled national banking authority, which should include credit unions, mutual insurance cooperatives, and cooperative state banks. In the meantime, we call for reregulation of the banking and insurance industries.
• We call for a steeply graduated income tax and a steeply graduated estate tax, and a maximum income of no more than ten times the minimum. We oppose regressive taxes such as payroll tax, sales tax, and property taxes.
See what I mean? For all their failure to understand very basic economic principles, these Socialists understand economy of words. They have some terrible ideas but at least they know how to organize them!
That was the first 256 words from the Socialist “Economy” plank. What can we learn from the Democrat’s first 256 words about their economic policy?
This is where it becomes difficult to make comparisons. The DNC’s 2012 Platform doesn’t have a single section for economics. Under the heading “Moving America Forward” their platform is divided under categories such as “Putting Americans Back to Work,” “The Middle Class Bargain,” “Cutting Waste, Reducing the Deficit, Asking All to Pay Their Fair Share,” and “Economy Built to Last.”
To the DNC 2012 Platform:
Four years ago, Democrats, independents, and many Republicans came together as Americans to move our country forward. We were in the midst of the greatest economic crisis since the Great Depression, the previous administration had put two wars on our nation’s credit card, and the American Dream had slipped out of reach for too many.
Today, our economy is growing again, al-Qaeda is weaker than at any point since 9/11, and our manufacturing sector is growing for the first time in more than a decade. But there is more we need to do, and so we come together again to continue what we started. We gather to reclaim the basic bargain that built the largest middle class and the most prosperous nation on Earth—the simple principle that in America, hard work should pay off, responsibility should be rewarded, and each one of us should be able to go as far as our talent and drive take us.
This election is not simply a choice between two candidates or two political parties, but between two fundamentally different paths for our country and our families.
We Democrats offer America the opportunity to move our country forward by creating an economy built to last and built from the middle out. Mitt Romney and the Republican Party have a drastically different vision. They still believe the best way to grow the economy is from the top down—the same approach that benefited the wealthy few but crashed the economy and crushed the middle class.
Democrats see a young country continually [snip]
Sounds like a whole lot of nothing right? This is a typical political speech in which lots of words are spoken but nothing of substance is being said. “[H]ard work should pay off, responsibility should be rewarded, and each one of us should be able to go as far as our talent and drive take us.” Wow, how absolutely earth shattering! Who doesn’t agree with the statement above?
The DNC 2012 Platform goes on like this the rest of the way, short on specific policy proposals but long on flowery prose. To the extent there is something I can sink my teeth into: the wealthy don’t pay enough taxes, the undefined middle class needs more subsidies and tax breaks (the middle class being the largest voting bloc), and we’ll keep the Republicans hands off of Social Security and Medicare.
Maybe I need to scrap the idea of comparing platforms. What do Democrats believe these days?
I would love to be wrong, but I’m quite sure that much of the Socialist Party USA Platform would resonate with rank and file Democrats and “Occupy” Democrats in-particular.
“We call for a minimum wage of $15 per hour, indexed to the cost of living.” Many rank and file Democrats agree with this; Seattle has already passed a $15 per hour minimum wage.
“We call for a steeply graduated income tax and a steeply graduated estate tax, and a maximum income of no more than ten times the minimum. We oppose regressive taxes such as payroll tax, sales tax, and property taxes.” This almost certainly resonates with the Occupy Democrats. Could such a plank make its way on the 2016 DNC Platform?
“We call for a full employment policy. We support the provision of a livable guaranteed annual income.” Any serious objections from Chris Matthews on this one?
“We call for increased and expanded welfare assistance and increased and expanded unemployment compensation at 100% of a worker’s previous income or the minimum wage, whichever is higher, for the full period of unemployment or re-training, whichever is longer.” Certainly those who support Bernie Sanders would be on board; Hillary supporters maybe not. To extent there is disagreement, it’s only a matter of degree.
“We oppose the court-created precedent of “corporate personhood” that illegitimately gives corporations rights that were intended for human beings.” Democrats (and probably some Republicans) around the country are shouting “hallelujah” and “amen” reading this statement.
It seems to me that there isn’t a great deal of daylight between Democrats and Socialists on socioeconomic issues. Is it any wonder why the DNC Chair couldn’t answer the question?
The only reason Democrats and progressives don’t call themselves socialists is because the term probably doesn’t do well in focus groups.
Socialists or Democrats?
Bernie Sanders or Hillary Clinton?
To quote Hillary: “What difference at this point does it make?”
For those of you who don’t have HBO and are unfamiliar with Last Week Tonight With John Oliver (very much in the same vein as The Daily Show only uncensored) the segment below is a must watch. While John Oliver is certainly of the Left, he definitely has a libertarian streak on social and criminal justice issues. In this segment, Oliver takes on the travesty known as mandatory minimum sentences (i.e. zero tolerance policies with even more severe consequences).
I originally wrote the following post in the very early days of the 2012 presidential campaign. At the time, Donald Trump was threatening to enter the race but decided not to do so. A little over four years later, Trump has decided to run in an already very crowded 2016 Republican primary. I have friends and family members who are intrigued (who ought to know better) with the Donald. The reason I decided to re-publish this post is to remind readers why a President Donald Trump would be no friend of limited government or liberty.
I do not like Donald Trump. I don’t dislike him because of his wealth; he probably earned most of his wealth honestly. Some dislike Trump because he is a self promoter. I don’t dislike Trump for this reason either. Many successful individuals are great at self promotion and developing a successful brand (a very good attribute to have to have a successful political campaign).
For those who don’t quite understand the difference between a capitalist and a corporatist, I highly encourage you to read Brad’s post “Mercantilism, Fascism, Corporatism — And Capitalism.” This distinction is an important one. Donald Trump is the poster child for what many on the Left as a greedy capitalist; a caricature of everything that is wrong with capitalism as preached by the Ralph Naders and Michael Moores of the world.
But those of us who know better know that Donald Trump isn’t a capitalist at all but a corporatist. Trump doesn’t try to work within a framework of a free market as a true capitalist would, but like far too many businessmen, he uses his wealth and influence to encourage the government to work on his behalf to his advantage (and at the expense of anyone else who would dare get in his way).
In the early 1990’s, an elderly widow by the name of Vera Coking was in the way. Coking’s home that she had lived in for 30 years was on a plot of land that the Donald coveted. The Donald wanted the property so he could add a limousine parking area to one of his Atlantic City casinos. When Coking turned down his $1 million offer to buy the property, the Donald decided to enlist the help of his goons on the New Jersey Casino Reinvestment Authority. In 1994, these government thugs filed a lawsuit to take Coking’s property for $251,000 and gave her 90 days to leave her property (if she were to stay beyond the 90 days, men in uniforms with guns would forcibly remove her from her home).
Fortunately, Coking’s case gained enough media publicity to gain the attention and help of The Institute for Justice (think a more libertarian ACLU with a focus on property rights). With the IJ’s help, Coking was able to keep her property. In 1998, a judge made a decision that turned out to be final finding that the Donald’s limousine parking area was not a “public use.”
John Stossel confronted the Donald about his failed attempts to take the widow’s home away; he reprinted this exchange in his book Give Me A Break on pages 152 and 153:
Donald Trump: Do you want to live in a city where you can’t build roads or highways or have access to hospitals? Condemnation is a necessary evil.
John Stossel: But we’re not talking about a hospital. This is a building a rich guy finds ugly.
Donald Trump: You’re talking about at the tip of this city, lies a little group of terrible, terrible tenements – just terrible stuff, tenement housing.
John Stossel: So what!
Donald Trump: So what?…Atlantic City does a lot less business, and senior citizens get a lot less money and a lot less taxes and a lot less this and that.
Earlier in the book (page 25) Stossel gives his impressions of this confrontational interview:
Donald Trump was offended when I called him a bully for trying to force an old lady out of her house to make more room for his Atlantic City casino. After the interview, the producer stayed behind to pack up our equipment. Trump came back into the room, puffed himself up, and started blustering, “Nobody talks to me that way!”
Well, someone should.
Had this case taken place after Kelo, the Donald may well have prevailed. In the wake of the Kelo decision, Neil Cavuto interviewed the Donald on Fox News (7/19/05) to get his reaction.
I happen to agree with [the Kelo decision] 100 percent, not that I would want to use it. But the fact is, if you have a person living in an area that’s not even necessarily a good area, and government, whether it’s local or whatever, government wants to build a tremendous economic development, where a lot of people are going to be put to work and make area that’s not good into a good area, and move the person that’s living there into a better place — now, I know it might not be their choice — but move the person to a better place and yet create thousands upon thousands of jobs and beautification and lots of other things, I think it happens to be good.
Donald Trump is not one who respects property rights (other than his own). “Tremendous economic development” and “jobs” are great reasons to employ the full police power of government to take away someone’s property in the Donald’s world view.
I shudder to think of what a Donald Trump presidency would look like. Imagine the Donald with control of our CIA and our military. The Donald doesn’t have any problem using force to get what the Donald wants.
Now consider President Trump with a vacancy on the U.S. Supreme Court. What sort of Justice would he appoint? Most likely one who would view Kelo quite favorably.
This bully, Donald Trump is the guy who is polling second place in some early Republican primary polls? Wake the hell up Republicans!