Most people… At least most people in modern western democracies… Seem to have a fundamental and unconscious assumption about the nature of law and government, that goes something like this:
Law and government, are or should be, the expression of the will of the majority, for the purpose of making collective decisions, taking collective actions, fixing problems and righting wrongs.
If I gave that definition to most people as what government “should” be, or even what it is, I’d guess they would agree.
But that’s not what law and government are at all. In fact, that notion of the nature of law and government, is not only wrong, it is extremely harmful.
What are law and government?
Government, is the instrument of collective delegation of the legitimate initiation and use of force against others.
Law, is the body of rules by which that force is administered and applied.
The only legitimate purpose for which, is to secure and protect the rights of individuals governed by them.
So, what’s the other thing, and why is this a problem?
The other definition, is more properly that of society (as distinct from culture).
Government is NOT Society, and Society, is NOT Government
This conflation of government, and society, is a very serious social and political problem because those who hold it… and I firmly believe it’s a large majority… believe that law and government, should be used for “doing what’s good, and stopping what’s bad”.
They naturally wish to see government do what they think is right, or best, and stop that which they think is wrong, harmful, or wasteful… And not just in areas where force should be applied.
They conflate “legal” with “good” and “illegal” with “bad”, and try to make laws against things which they think are bad, or mandating things which they think are good.
They often even conflate “legal” or “attempting to make legal” with “approving and supporting”, and “dissapproving and opposing” with “illegal” or “attempting to make illegal”.
This is incredibly harmful
We have allowed… even encouraged people… to deeply hold the fundamental notion, that they get to vote on other peoples opinions, choices, and behavior; and if their “side” wins the vote, that it is legitimate to make those things legal or illegal.
It also means that these people automatically and reflexively try to solve personal, moral, social, or societal problems, with government and law, when it is entirely inappropriate, even harmful, to attempt to do so. Most of those problems cannot be solved by the use of force;, or at best can only be solved inefficiently, ineffectively, and while violating the rights of others.
In encouraging this misapprehension, we have in fact made the personal, the political, and the political, the personal.
How do we stop the harm?
We must correct this critical error in peoples fundamental apprehension of law and government.
People need to understand, at the most fundamental level, that government is force, and that law is how that force is directed and administered. No more, no less.
If we don’t correct this misapprehension, then we will continue to simply seesaw back and forth between majoritarian tyrannies, as social changes dictate.
Rights will continue to be violated and abrogated as the opinions of society fluctuate.
The favored, will continue to be privileged over the disfavored at the expense of the disfavored’s rights, until the pendulum swings again and the roles are reversed.
Yes, I realize, that is largely how it has always been… But never has law and government had such a depth and breath, had so great a reach into our personal lives, as it does today, and this unfortunately shows no sign of receding.
The absurdity of this reach… and overreach… is finally becoming apparent to many people, on all ideological “sides”; be it the “war on drugs”, the “war on terror”, privacy and surveillance, or gay marriage and wedding cakes.
So, we have to take action, now
Use this growing awareness of the overreach, to help people understand.
We have to show people these aren’t just outlying excesses. That they result from the way we think of, look at, and attempt to use, government.
We have to get people to understand, that if they can say “there ought to be a law”, and then get a law made banning something that they don’t like; then their worst enemy, can get a law made banning something they love.
We have to return to the notion that fundamental rights matter, and that the only legitimate purpose of law, and government, is to protect those fundamental rights.
That’s up to individuals, and to society as a whole, NOT GOVERNMENT.
Voluntary collective action. If it’s really what people want, then they’ll work for it, without the threat of force. If it’s not really what they want, then we shouldn’t be forcing people to do it.
I am a cynically romantic optimistic pessimist. I am neither liberal, nor conservative. I am a (somewhat disgruntled) muscular minarchist… something like a constructive anarchist.
Basically what that means, is that I believe, all things being equal, responsible adults should be able to do whatever the hell they want to do, so long as nobody’s getting hurt, who isn’t paying extra
With what’s going on in Baltimore, we’re beyond simple deja vu. What we’ve been witnessing is a sickeningly predictable process. Police beat the shit out of a black guy, and he dies. People get mad. Protests turn to violence. Everyone views the incidents through their own prisms, and assigns blame and praise as their worldview permits them. We have been repeating this process for some time, but in recent times it was the death of Michael Brown that instigated what has become a nationwide movement.
In order to fix the mess that’s currently being made, we need to see what got us here in the first place. Simply sticking our fingers in our collective ears while hauntingly saying “well, don’t riot!” is like someone whose answer to sexual assault is to tell men “well, don’t rape!”. It’s condescending and unhelpful. We need to investigate how we got to where we are, both in Baltimore and other communities such as Ferguson, MO.
Do the protesters have legitimate complaints?
Only a partisan fool would argue that the protesters in Baltimore don’t have legitimate reasons to be extremely angry.
The flash point for this community was the death of Freddie Gray, who was taken into police custody on April 12th and somehow came out of it with a broken spine the likes of which usually happen in car accidents. The incident sprung from Gray seeing a police officer and taking off running. It’s unknown exactly what happened inside the police van that he was taken into, which is different from the case of Walter Scott, who was taped being gunned down from behind by a police officer.
In addition, police brutality is a major issue in Baltimore, and with so many payouts – of taxpayer money, mind – for brutality cases, keeping in mind that these are just the ones that got caught, a reasonable person can draw one of two conclusions: either the Baltimore Police Department is so incompetent that they can’t even get away with one of the easiest things for an officer to get away with, or police brutality is so prevalent in the BPD that it’s skewing the numbers.
So it’s a race thing, right?
That’s not cut-and-dried. Baltimore’s a bit different in that they have a black mayor, a heavy black population within their police force, and their minority population is mixed race, with Latinos and other ethnic groups mixing in and creating an eclectic mix. This isn’t Ferguson, whose white police force regards their black population as walking ATMs.
But at the same time, race is heavily tied to class in all of the cases that have sprung up. This goes back to decades old debates on the poor economic straits of black people in America, owing to hundreds of years of slavery, followed by Jim Crow laws, enhanced by racist mindsets throughout America. Those are different articles altogether, but the economic plight of black people in America, on a bird’s eye level, contributes heavily to the crime rate, which causes police to react disproportionately, and perpetuates a never-ending cycle of distrust. The chicken vs. egg debate of which came first – the black inequality or black crime – is irrelevant to this context. What’s important, right now, is that in many cases, the police – even black cops, like the one who covered up for Michael Slager – have not helped, for years, due to outright profiling.
Wait a minute. You just said blacks commit more crimes. In fact, most of the people who have been killed had rap sheets as well! That kind of justifies at least some action, right?
Ever hear of a self-fulfilling prophecy? Because that’s what’s happening in most cases. Yes, in many cases, as reported by the press, the individuals who have been victimized recently had prior run-ins with police. Despite consternation by some that this is a ploy to prove that black people are all criminals, it would be irresponsible journalism to omit those facts.
But this issue isn’t just affecting poor blacks with a record. CNN’s LZ Granderson on Twitter yesterday pointed out the reality:
The first time an officer pulled a gun on me I was 12 carrying a gallon of milk home from the store. Notice I said "the first time".
There’s also New York Times columnist Charles Blow, who’s son was stopped at gunpoint at Yale University, where the son is a student. It was a black cop that detained that young man, but ultimately, it’s the colour blue that matters more. As Mr. Blow notes in his piece, all that matters is how you look.
So what does this have to do with someone that has a “rap sheet”? There’s a huge difference between LZ Granderson and some random guy in the projects, right? Well, let’s extrapolate this to its logical conclusion:
1) Man is stopped for superfluous reasons. There are provable statistics that show blacks are far more likely to be stopped than whites. This is often called “walking(talking) while black”.
2) Man is ticketed or arrested for a meaningless crime. This is partly the fault of overlegislation – chances are good that due to the addition of “regulatory” crimes, you are breaking the law while reading this – but it’s also a problem for black people, so often pulled over by officers needing to justify themselves, especially if there’s a financial impetus.
3) If that person is later the victim of brutality, reasonable doubt can be cast on the victim by referencing “previous run-ins” with police. This not only affects criminal and civil trials, it doubles as a character assassination.
4) The general public – still overwhelmingly white, mostly conservative, and educated with a strong belief in law, order and the police as a force of protection instead of oppression – are quick to label the action reasonably justified, unable – or unwilling – to personalize the problem. The spectre of police brutality is so foreign to most white people that even well meaning individuals simply cannot understand what it’s like to walk around with a constant fear of police reactions. It’s literally not in our realm of thinking.
My partner, who is white, did not know the siege some blacks live with until he saw me surrounded by police in my own driveway.
Whatever, you bleeding heart liberal. So the police occasionally thump a guy too hard. But I don’t wanna hear this stuff about poor people! They have just as many chances as we do! Just look at others who made it! Look at guys like Herman Cain!
First off, if you’re poor, you don’t have as many chances as you think, as is easyenough to prove. I grew up poor, and it took an immense amount of work, four years of the military, and a lot of luck just to make it into the middle class, and if something goes wrong now, I’m largely screwed.
Now, go back to that Ferguson report, know that that report could be written for entirely too many communities – particularly in the South, where blacks are still fighting the ghosts of Jim Crow, slavery, and a significant number of people who feel the Confederacy was justified – and imagine how hard it would be to “come up” under those circumstances. It’s hard to climb the social ladder when it keeps getting kicked out from underfoot.
This is the major reason why so many communities are protesting, fighting, attacking, you name it. They see no way out of the hell they’ve been born into, and the people that are supposed to be protecting them are inflicting further injustice. The minutia of how we can get poor people out of their plight is a political debate for another time.
OK, maybe I understand that. But that doesn’t justify rioting! Looting isn’t helping! In fact, it’s taking away from that community!
Let’s get this out of the way: Yes, looting and rioting are bad, m’kay? Looting is not protesting. It is naked theft, brought on by a simple-minded materialism that some could argue is a major reason why the poor are poor. And flies are said to be more attracted to honey than vinegar. This is all true.
But in light of everything that’s happened in the past two years, it’s hard to argue that the “nice” way of doing things has worked at all.
The above argument is the one that The Atlantic’s Ta-Nehisi Coates made recently, stating that calls for order are only made with no other solutions in mind.
Now, tonight, I turn on the news and I see politicians calling for young people in Baltimore to remain peaceful and “nonviolent.” These well-intended pleas strike me as the right answer to the wrong question. To understand the question, it’s worth remembering what, specifically, happened to Freddie Gray. An officer made eye contact with Gray. Gray, for unknown reasons, ran. The officer and his colleagues then detained Gray. They found him in possession of a switchblade. They arrested him while he yelled in pain. And then, within an hour, his spine was mostly severed. A week later, he was dead. What specifically was the crime here? What particular threat did Freddie Gray pose? Why is mere eye contact and then running worthy of detention at the hands of the state? Why is Freddie Gray dead?
When nonviolence is preached as an attempt to evade the repercussions of political brutality, it betrays itself. When nonviolence begins halfway through the war with the aggressor calling time out, it exposes itself as a ruse. When nonviolence is preached by the representatives of the state, while the state doles out heaps of violence to its citizens, it reveals itself to be a con. And none of this can mean that rioting or violence is “correct” or “wise,” any more than a forest fire can be “correct” or “wise.” Wisdom isn’t the point tonight. Disrespect is. In this case, disrespect for the hollow law and failed order that so regularly disrespects the community.
As for the stealing, it’s bad. It’s wrong. It hurts the moral standing of the protesters. But if we’re talking in terms of scale, it’s worth noting that the City of Baltimore has a bad history of using civil forfeiture as a form of revenue enhancement. If we put the scale of that in a bar graph next to some assholes stealing some kit from the electronics department, the first bar is going to be astronomically higher.
Well… I still think what they’re doing is wrong. Win some elections and make change the right way.
It’s OK if you don’t care about the protests, and their resulting riots. It’s OK if Freddie Gray is just one more name on the news. If you want to mention some white guy somewhere that didn’t get this kind of attention – here, I’ll even do the work1 for you – then sure, even if you’re kind of being a dick.
But to sit there and assume that this is a problem caused by those in the streets is irresponsible, insensitive, and flat-out wrong. The people out in the streets right now aren’t nobodies, doing this for fun; they are citizens who think they have been getting a raw deal for years, decades even, and the death of one of their own, unjustified, by the people tasked with their “protection”, was finally the straw that broke the camel’s back. This isn’t the inane ramblings of a “social justice warrior” claiming that all sex is rape or some other crap. There are cold, hard, verifiable statistics showing that the poor and the black – too often synonymous terms – get an extremely raw deal all over America, and if it doesn’t change, what we’re seeing now will continue to be the new normal.
Note: In the time between this piece being written and being edited for release, six police officers have been charged with crimes ranging from false imprisonment to murder.
1 – Before reading that WT link – if you can get past all those damn surveys – go back up and read that Census link from before.
Christopher Bowen covered the video games industry for eight years before moving onto politics and general interest. He is the Editor in Chief of Gaming Bus, and has worked for Diehard GameFan, Daily Games News, TalkingAboutGames.com and has freelanced elsewhere. He is a “liberaltarian” – a liberal libertarian. A network engineer by trade, he lives in Derby CT.
A police officer in North Charleston, South Carolina has been charged with murder in connection with the shooting death of an unarmed motorist named Walter Scott.
Patrolman Michael Slager initially claimed that following a traffic stop for a broken headlight, motorist Walter Scott tried to take Slager’s taser. The two struggled, Slager feared for his life, and shot Scott as the two fought over the taser.
After the video emerged, Slager, a five-year veteran with the force, was taken into custody, charged with murder and denied bond at his initial hearing. He was fired from his position with the force. The attorney who went on record with Slager’s story about the shooting occurring during a struggle over the taser is no longer representing him.
How do you think it would have played out without the video?
Wisconsin Senate approves right-to-work bill, sends to state Assembly
BY BRENDAN O’BRIEN
The Wisconsin Senate narrowly approved a “right-to-work” bill on Wednesday that would bar private-sector employees who work under union-negotiated contracts from being required to join their unions or pay them dues.
The bill, which would make Wisconsin the 25th U.S. state with a right-to-work law on the books, cleared the Republican-led Senate on a 17-15 vote following hours of debate marked by periodic angry shouts from opponents in the Senate gallery.
Supporters of organized labor chanted “Shame!” as the legislation was passed and sent for further consideration to the state Assembly, where Republicans also hold a majority.
One Republican senator, Jerry Petrowski, broke with his party and joined all 14 Democrats in the chamber in voting against the measure.
Wisconsin Governor Scott Walker, a possible Republican presidential hopeful, is expected to sign the bill if it reaches his desk.
Walker drew accolades from conservatives across the nation in 2011 when he ushered through legislation curtailing the powers of most public-sector unions in Wisconsin amid large protests at the state capitol in Madison.
Supporters of the right-to-work measure contend it could attract more businesses to the Midwestern state.
“I think this is something that is going to have a direct impact on the manufacturing sector in Wisconsin,” Senate Republican leader Scott Fitzgerald said after the vote.
Opponents cast the bill as an assault on organized labor and blue-collar workers that would limit union revenues.
“They are evaporating the middle class, and no one in this room seems to care,” Senator Dave Hansen, a Democrat, said during the floor debate.
So ignore the rather clearly biased language in the piece and video linked above, if you bother clicking through and reading it… If you’ve seen one piece about the subject, you’ve pretty much seen them all, and this one is no different.
Wisconsin is debating “Right to Work” legislation in house committee right now, after passing in the senate. A right to work measure (which may or may not be substantially identical to the one passed by the senate) is likely to pass the house as well, and governor (and likely Republican presidential candidate) Scott Walker is likely to sign it.
As per usual, leftists are up in arms about anything that might favor individuals over organized labor…”Anti-worker, anti-poor, anti-little guy, anti-union, destroying the middle class, 1% evil” etc… etc…
Can someone tell me how making it illegal to force someone who doesn’t want to join a union, to join a union… is anti-union?
That’s all “right to work” means… You can’t be forced to join a union if you don’t want to, and employers can’t be forced by the government to recognize or deal with a particular union if they don’t want to.
The “right to work”, is simply the right to freely associate and form contracts as we choose, which is supposed to be a right guaranteed us in this country (of course, so often it is not… but that’s another issue entirely).
Wait… What? Unions can force people to join who don’t want to?
Yes, they can, and they do.
Most people don’t know this, but in 26 states, unions are given special powers and privileges by the government, which you as in individual, or a private company or other organization would not have.
One of these, is that you can be forced to join a union against your will, if you want to get a job in a particular industry, or at a particular employer, or to keep your job at an employer after a union comes in.
Worse, in some states, you can opt out of the union, but even if you do, the union can still take dues straight out of your paycheck against your will, as if you were a member. They can also negotiate for you against your will, and set the terms and conditions under which you work, against your will.
Of course, since you aren’t a member, even though they’re taking your money and controlling your job, you don’t get to vote in the union, control its decisions in any way, or get any of the benefits of membership. The union gets your money, and all the benefit as if you were a member, without actually having to be accountable to you at all. And there’s nothing you can do or say about it.
Oh and the union can then do things like use that money to get politicians you oppose elected, get legislation you oppose passed, and change the terms and conditions of your employment against your will, without your approval or consent.
In those same 26 states (as well as federally in some cases), employers can be forced to recognize and negotiate with a union, even if they don’t want to. In fact, even if the union doesn’t actually represent their employees in some cases, or only 50.01% of their employees decide that a particular union will represent them.
“Right to Work”, is about ending some of those, frankly insane, conditions that unions operate under.
… Or at least that’s what it’s supposed to be about… It doesn’t always end up that way, because politics is what it is, so you have to be careful and pay attention to the details…
In “right to work” states, unions are still free to form, recruit members, and to collectively bargain in those members interests with employers. Workers are still free to join unions. Employers are still free to negotiate terms and contracts with the union, and if the employers don’t want to negotiate, unions are still free to use the power of their membership to make the employer negotiate through strikes, work stoppages and slow downs, and other organized labor actions.
The only difference, is that the union just can’t FORCE anyone to join the union, or force employers to negotiate with the union, or get the government to do it for them.
Why is this a bad thing?
It isn’t. Straight up, it isn’t.
It’s not bad for employees, it’s not bad for employers, it’s not actually bad for the unions if the unions are doing what they’re supposed to be doing, It’s not bad for consumers who consume the goods and services these employers provide.
In fact, in reducing union overreach to whatever extent it may (probably not too much, but one can hope), and in reducing the overall cost of doing business in the state of Wisconsin, it’s likely to benefit consumers with lower prices, and potentially with more business and more jobs in the state
This doesn’t always work out… It has generally done so in relatively business friendly states like Tennessee, North and South Carolina, Georgia, Alabama (I said relatively… relative to Illinois, New York, Wisconsin etc..). In those states, which are right to work, non union manufacturing has generally done well, in some cases even boomed. Not only that, but wages have substantially increased in those areas, not crashed as predicted by unions.
Right to work has not had as positive an impact in say, Indiana, or Michigan (yes, Michigan has been right to work since 2012… and yes, organized labor is still having a collective fit over that fact), which are comparatively less business friendly, higher tax, higher regulatory burden, and higher cost of living. In fact, mostly, companies have used the change in status to help them get rid of legacy contracts which were burdening their bottom lines, and then move to other states.
That however isn’t really the fault of right to work… it’s the decades of anti-business regulation and being forced to accept bad union contracts (and to be fair, decades of bad management as well).
Overall, right to work in and of itself is not a negative for anyone… well… except two groups.
The only parties it’s bad for, are union officials, and the politicians they’re in bed with). The officials depend on the politicians to pass legislation that favors the union officials, in exchange the politicians depend on the officials for large donations, and the use of their organization for street level politics (campaign volunteers, donor lists, call lists, phone rooms, rally fillers, doorbell ringers etc…). Without the forced membership and dues, the union officials don’t have as much money to donate to those politicians in exchange for favors, nor as many warm bodies to throw at their campaigns.
Also, if people can leave the union at will, it means that those officials have to watch their steps, and actually be accountable to union members…. Unfortunately something which has proven to rarely be the case today.
Leaving aside the corruption angle, and even the economics of it…
Does “right to work” reduce unions power? Potentially yes, if people don’t want to join, or want to quit the union.
However, I don’t see that as a bad thing. Why would that be a bad thing?
If people don’t want to be members of the union, why should the union get more power? Or any power at all?
Shouldn’t a union get it’s power from the strength of it’s membership, who support it, and in turn are supported by it? Shouldn’t a union attract and retain members because they are effective at doing so?
If they can’t do that… why should the union exist at all?
If they CAN do that, then why do they need the government to force people to join, and force companies to negotiate with them exclusively?
If the unions actually do what they’re supposed to do, and what they say they do… Why is this even an issue?
Right… thought so…
Here’s the thing though… Even if it were a provable economic net negative, that actually did harm jobs and wages, and even if all of the horrible terrible no good very bad things unions and democrats claim of right to work were true…
…I would still be in favor of right to work.
It’s a question of individual rights
I generally favor right to work, because I’m in favor of fundamental individual rights, including, but definitely not limited to: freedom of conscience, freedom of association, freedom of self determination, the right to private property, the right to the fruits of ones labors, and the freedom to make contract as one sees fit.
I generally support right to work legislation, presuming that’s what it really is (as with all legislation, what it claims to be, is often nothing to do with what it is, so pay attention to the details), because no-one should be forced to join any organization against their will (even if it’s absolutely for their own good), and no organization should have the right to control others in the way unions do, without those persons consent (even if doing so is to those persons benefit). It really is that simple.
For that matter, in general, I oppose involuntary collectivism, and preventing involuntary collectivism is what “right to work” is supposed to be about.
I’m all for voluntary collectivism… absolutely 100%. If you agree and consent to be a part of a group, and to take action as part of that group, or be represented by that group, great. More power to you, and to them.
In fact, I’m all for unions. I think collective bargaining is a wonderful and powerful tool, and I wish more people across more industries and market segments would take advantage of it.
An aside… I’m not just blowing theoretical smoke here. I’ve got a personal stake in this, both as a matter of principal, and as a practical matter in my own profession.
The level of worker exploitation, and in general negative, harmful, and just plain stupid labor practices in information technology, my chosen profession, is absolutely despicable.
Employers routinely extract far more labor from employees than they are paying for, or than that is reasonable for employees quality of life or professional development; while at the same time deliberately suppressing those employees wages, and denying them opportunities for improvement or advancement.
… and we allow them to do this. We accept it, because we don’t believe we have the power to change it, or we feel too insecure to do so.
The only way these conditions are going to change, is if they obviously and clearly no longer work to increase profits or improve stock prices.
Actually, it’s been repeatedly and conclusively proven they not only don’t help, but they substantially harm organizations, including their bottom lines… but execs still love them because the stock market loves them (That’s another issue entirely)
That being the case, the only way needed change is going to happen, is if enough of us in the profession stop accepting these conditions, and do something about them.
A company can’t be pumping its stock prices, if it doesn’t have anyone keeping it’s computers and networks operational…. or at least not for more than a few weeks.
Stop working for companies that use these practices. Insist on being paid for our time. or in receiving compensatory time off. Report companies for labor law violations, and make sure the laws are properly and evenly applied, through the use of the media and political pressure (I think most labor laws are horrible and stupid and shouldn’t exist, but so long as they do, the greater tyranny is that they are applied capriciously and unevenly based on political whim, and lobbying).
Most importantly, as managers, leaders, and thought leaders in the industry, don’t allow and accept these practices in your own organization. When they pop up… and they will.. gather together, and pound them into the dust before they can take over.
One of the more effective ways we could do all of that, is with collective bargaining, and collective and consistent messaging to the media, and politicians (though sadly, I don’t think it’s likely to happen any time soon). Not necessarily a union, but some type of voluntary collective organization to increase our negotiation power and leverage, and help to prevent things like companies requiring hundreds of hours of uncompensated overtime.
If enough of us act… whether collectively or as individuals, we can force changes. Without enough of us acting in concert, we can’t… And if we can’t, we’re left depending on the government to “fix” things… and you know how I feel about that.
It’s when you take that choice away by force, that I have issues. Forced unionization is never OK… and that includes “democratic” forced unionization.
Just because you got a few dozen of your friends together and you all voted to give you the “right” to control everyone else, doesn’t actually give you the right to control everyone else. Even if there’s 50 million of you, and 1 of everyone else. Otherwise, there are no individual rights, only privileges and entitlements dispensed by the will of the majority. That’s no less tyranny than a dictatorship of one man… and in some ways is a greater one.
“Oh, but democracy is great. It’s the will of the majority, so you just have to go along”
Right… because giving more control over your life to everyone else is always a great idea, especially when jobs and money are at stake.
Giving your coworkers a vote on how much you can make, how much you can get paid per hour and how much of a raise you can get when, how many hours you can work, what tasks you can do, how you can do them, whether or not you can be promoted and when…
…Actually, often a veto, not just a vote…
And people like this idea why?
No thanks. Not up for that.
I have no problem with unions, in fact I think they’re great in theory, and I’d like to see a lot more of them, a lot more active, doing what they are supposed to be doing…
… So long As:
1. Participation (including fees or dues) is voluntary
2. They are not given special privileges or powers over individuals or employers by the government
3. Individuals and employers are free to negotiate and form contracts outside the union
4. The union cannot set the wages, benefits, conditions and terms of employment, and working conditions; for individuals or employers, without their consent.
If they’ve got consent for collective representation of all the workers, and the employer agrees to the conditions and terms… GREAT. That’s what collective bargaining is for.
Otherwise, what gives you or anyone else, the right to determine those things for me, my employer, or anyone else?
I am a cynically romantic optimistic pessimist. I am neither liberal, nor conservative. I am a (somewhat disgruntled) muscular minarchist… something like a constructive anarchist.
Basically what that means, is that I believe, all things being equal, responsible adults should be able to do whatever the hell they want to do, so long as nobody’s getting hurt, who isn’t paying extra
Chicago’s police department is running an “off-the-books interrogation compound” that attorneys liken it to the domestic equivalent of a CIA black site, according to a chilling report from the Guardian’s Spencer Ackerman.
Suspects, like the trio of potheads who wanted to attack Obama’s re-election campaign headquarters with a slingshot and marbles in protest of the NATO summit, are taken to “Homan Square.” But no one is ever booked inside it walls. No public, searchable record of their time there is generated. Neither their families nor their attorneys are informed of their whereabouts. Lawyers attempting to gain access are turned away, even if their clients are in custody inside.
At some point they have to do the paperwork and prosecute you. After they get your confession, you wind up back in the paperwork.
Suspects allege being beaten, kept in chain link cages, and shackled for extended periods while held inside Homan for as long 24 hours, without access to a lawyer, before being transferred precincts for booking or simply released.
“They just disappear,” said Anthony Hill, a criminal defense attorney, “until they show up at a district for charging or are just released back out on the street.”
Brian Jacob Church, one of the NATO Three, was picked up for suspected terrorist plotting in connection with protests against the NATO summit. He was taken to Homan Square, handcuffed to a bench for 17 hours, and interrogated without being read his Miranda rights. Anticipating he might be arrested in connection with the protests, Church had scrawled an attorney’s phone number on his arm, and explicitly demanded an opportunity to call that lawyer. That request was denied.
“I had essentially figured, ‘All right, well, they disappeared us and so we’re probably never going to see the light of day again,’” Church said.
Since the raid that resulted in Church’s arrest was well publicized, a team of attorneys was simultaneously searching for him to offer their services. Through 12 hours of active searching, he and his co-defendants could not be located. No booking record existed. Attorneys ultimately complained to Mayor Rahm Emanuel. Only then did they learn about Homan Square, and only hours later were Church and his co-defendants taken for booking at a police precinct.
“Homan Square should be on the same list as every other facility where you can call central booking and say: ‘Can you tell me if this person is in custody and where,’” Brzeczek said.
“If you’re going to be doing this, then you have to include Homan Square on the list of facilities that prisoners are taken into and a record made. It can’t be an exempt facility.”
The NATO Three were ultimately found guilty of lesser charges (possessing an incendiary device and “mob action”), but acquitted of terrorism related offenses.
[D]efense attorneys, bolstered by undercover police recordings that prosecutors played in court, argued that the three were “goofs” who talked big and were goaded on by two undercover police officers.
[T]hey were frequently drunk, high and unable to complete simple tasks, once missing out on a protest because Church had to wait for his pot dealer.
One of the undercover officers told an apologetic Church that he needed to make a to-do list in the morning before smoking pot.
Church also said he wanted to attack four police stations but didn’t want to Google the locations of two of them. Chase advocated attacking Obama’s re-election campaign headquarters with a slingshot and marbles.
Church declined when Nadia Chikko, one of the undercover officers, asked Church if he wanted to try out one of the Molotovs they’d built with four empty beer bottles, some gasoline and a cut-up bandana from Mehmet Uygun, the other undercover officer.
“I’m too (expletive) cold to be going anywhere. I want to wrap up in my blanket and sleep,” he said.
A lawyer named Eliza Solowiej told The Guardian that she had represented a man who had already been entered into Chicago’s central booking station, and she had personally observed him in a police station without any injuries. Thereafter, someone changed his name in the system and had him moved to Homan Square without any record of the transfer. After his time in Homan Square, he was then taken to a hospital to be treated for head injuries he had incurred sometime in the interim.
Another lawyer reported taking a call from a worried mother. She believed her 15-year-old son had been arrested, but she was having trouble finding where he was being held. After “12, maybe 13” hours, the 15-year-old was released without charges.
Chicago police at first did not respond to The Guardian’s questions about the facility. Once the story was initially published, the department issued a statement insisting there was nothing untoward taking place at Homan, that records are generated for arrests, and that if “lawyers have a client detained at Homan Squire, just like any other facility, they are allowed to speak to and visit them.”
As noted by The Guardian, the statement does not address how long into an arrest or detention those records are generated, or whether they are made available to the public, such as family members looking for relatives who have been picked up and attorneys searching for their clients. The department did not respond to The Guardian’s request for clarification on that issue.
[A] retired Washington DC homicide detective, James Trainum, could not think of another circumstance nationwide where police held people incommunicado for extended periods.
“I’ve never known any kind of organized, secret place where they go and just hold somebody before booking for hours and hours and hours. That scares the hell out of me that that even exists or might exist,” said Trainum, who now studies national policing issues, to include interrogations, for the Innocence Project and the Constitution Project.