Category Archives: Civil Liberties

Quote of the Day: Killing vs. Squealing Edition

Judge Andrew Napolitano wrote an excellent article in yesterday’s Washington Post entitled: Killing vs. Squealing. The judge laments that the Republicans in the congress aren’t so much concerned about the fact that President Obama is acting as a third-world warlord thug killing individuals he picks out from a deck of “baseball cards” in Yemen, Pakistan, and elsewhere (foreigners and Americans alike) but the fact that someone, somewhere in the government has leaked this information to the press and the American public. Sen. John McCain and others apparently believe the Obama administration has leaked these facts to the press to show how effectively he is killing the “terrorists” abroad to preempt any attacks from the Romney campaign that Obama is somehow weak on “national security.”

Just about every paragraph in the judge’s article is quotable (seriously, read the whole thing) but I believe he summed up just where the “loyal opposition” is with regard to the president’s arguably impeachable activities best here:

Which is ultimately more harmful to freedom: that the president on his own kills, maims and destroys, or that some people in our own government who have greater fidelity to the Constitution than loyalty to an out-of-control presidency – and who are protected by law when they reveal government crimes – tell us what the president is up to? What kind of politicians complain about truthful revelations of unconstitutional behavior by the government, but not about death and destruction, and, let’s face it, criminal abuse of power by the president? Only cynical, power-hungry politicians who have disdain for the Constitution they have sworn to uphold could do this with a straight face.

[…]

How base our culture has become when the hunt for truth-tellers is more compelling than the cessation of unlawful government killing.

Yeah, the funny thing is, just four years ago when Bush was president, our culture (i.e. the MSM, Hollywood, academia, the anti-war movement, etc.) was very concerned about government secrecy, civil liberties violations, torture, secret prisons, getting out of Iraq & Afghanistan, etc. but now that their guy is in the Whitehouse, these very valid concerns seemingly have fallen by the wayside. If people in the opposition party doesn’t call the president out on this, don’t think for a moment that the president’s allies will. Something tells me that in the event Romney wins in November, all of these concerns will suddenly be back in vogue but not until then.

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Doug Stanhope – Liberty (Re) Defined

Brad has posted a version of this comedy routine by Doug Stanhope before. This version has been edited to include images and video by Fr33 Agent Beau Davis with a more honest than the traditional “pledge of allegiance” at the close.

I thought that since today happens to be Flag Day, this video would be an important reminder about the true meaning of liberty albeit with an (at times) crude, comedic delivery. True liberty has nothing to do with a flag*, much less worship for the government for which it stands.

WARNING: some of the material in the video will be offensive as hell to some of you. Enjoy!

Related: The Un-American Pledge of Allegiance

*Of course the flag can mean different things to different people. I think it’s one thing to show appreciation for the flag with its original intended meaning by the founders and quite another to “pledge allegiance” to its government regardless of how hostile to freedom the government becomes. I seriously doubt that Thomas Jefferson (who advocated separating political bonds with any government that becomes hostile to the rights of life, liberty, and the pursuit of happiness in the Declaration of Independence BTW) or other founders would have ever pledged allegiance to the flag of the federal government.

Protecting and Serving Whom?

Today, I had the joy of observing an officer of the Newton Police force take a bad situation and make it worse.  The incident showed much that is wrong in the relationship between the common citizen and the government that is there to protect him or her. An elderly person had fallen and a police officer detained her, kept her on a brick side-walk so that EMT’s from an unwanted ambulance could check her out, an operation that blocked traffic and slowed it to a crawl on a major thoroughfare. » Read more

I am an anarcho-capitalist living just west of Boston Massachussetts. I am married, have two children, and am trying to start my own computer consulting company.

The Birther Distraction Only Benefits Obama

There it is again. That damned conspiracy theory about Barack Obama being born not in Hawaii but Kenya. An honest question for you birthers out there: even assuming that everything you believe about the birthplace of Barack Obama is true, do you really think that even if you could prove it 100% that people who would otherwise support him/undecided would choose not to or would be declared ineligible to serve as president by some court, perhaps SCOTUS?

IMO the answers to those questions are no and probably not. If the voters are not concerned enough to vote him out (or even call for his impeachment) based on his other, much more damaging assaults on the Constitution, I seriously doubt these same people are going to be upset about Obama’s audacity to be born to an American mother outside the country. As far as violating his oath to defend the Constitution goes, this would be quite a minor assault.

So if the birther issue doesn’t benefit Obama’s opponents, who would it benefit? President Obama and the Democrat Party. The Obama campaign has already released an ad critical of Mitt Romney and his ties to Donald Trump (below).

This is precisely the kind of issue President Obama wants to be a part of this campaign. If the media and the people are talking about the birther question, they are not talking about his failed economic policies, his continued assaults on free market capitalism, ObamaCare, signing extensions to the Patriot Act, signing the NDAA, Fast and Furious, his drug war hypocrisy, his foreign policy befitting that of a warlord, his very Orwellian change in the definition of the term “civilian” to make his statistics for killings of innocent people in foreign lands not look so bad to the casual news consumer, and etc. In other words, Obama’s record as president!

I hear people complain that Obama wasn’t properly vetted in 2008 (and to a certain extent I agree). The media didn’t concentrate enough on the birth certificate, his time hanging out with Marxists in college, his unwillingness to release his college transcripts, his association with Jeremiah Wright. Some of these things are reasonable questions but are distractions to the issues of the greatest importance.

It may be true that we don’t know a whole lot about Obama’s biography or what made him the person he is relative to past presidents but we have had four years to evaluate his job performance as president. In the final analysis, isn’t that all that really matters?

The rEVOLution After Paul

With Congressman Ron Paul’s third presidential run and career coming to an end, what will become of his rEVOLution he inspired? Prior to the 2012 campaign, some suggested that former New Mexico Gov. Gary Johnson would be the “next” Ron Paul but with Johnson running as the Libertarian Party nominee after being mistreated by the GOP establishment in the primaries, it appears to me that that bridge has been burned and will likely never be rebuilt. Johnson’s activities in furthering the liberty movement will be done outside the Republican Party.

The new heir apparent to lead the rEVOLution appears to be the congressman’s son Sen. Rand Paul. Rand Paul has been one of a handful of voices of reason in the senate voting against renewing the Patriot Act, the NDAA*, standing up to the TSA, and speaking out against President Obama’s unconstitutional “kinetic military actions” in Libya and elsewhere to name a few. For the most part**, Sen. Rand Paul has been a consistent champion of liberty much like his father. Speculation abounds that Sen. Paul will make a presidential run of his own in 2016.

The rEVOLution and the greater liberty movement must be much larger than one person***, however. According to Brian Doherty, author of his new book Ron Paul’s rEVOLution: The Man and the Movement He Inspired, Paul’s movement will continue long after Paul himself has left the political stage. Doherty summarizes the thesis of his book in the Cato forum (video below); David Boaz and Sen. Rand Paul also offer their thoughts on the future of the liberty movement after Ron Paul.


» Read more

The Nutmeg State’s Senate Passes Bill Protecting Right to Record Police AND Abolishes the Death Penalty in the Same Week

This week, the State of Connecticut made progress in the right direction on the criminal justice front on two issues I care deeply about: the right of individuals to record the police in public and abolishing the death penalty.

Earlier today, the Connecticut Senate passed a bill 42-11 that would hold the police liable for arresting individuals who record their activities in public. Carlos Miller writing for Pixiq writes:

The Connecticut state senate approved a bill Thursday that would allow citizens to sue police officers who arrest them for recording in public, apparently the first of its kind in the nation.

As it is now, cops act with reckless immunity knowing the worst that can happen is their municipalties [sic] (read: taxpayers) would be responsible for shelling out lawsuits.

Senate Bill 245, which was introduced by Democratic Senator Eric Coleman and approved by a co-partisan margin of 42-11, must now go before the House.
The bill, which would go into effect on October 1, 2012, states the following:

This bill makes peace officers potentially liable for damages for interfering with a person taking a photograph, digital still, or video image of either the officer or a colleague performing his or her job duties. Under the bill, officers cannot be found liable if they reasonably believed that the interference was necessary to (1) lawfully enforce a criminal law or municipal ordinance; (2) protect public safety; (3) preserve the integrity of a crime scene or criminal investigation; (4) safeguard the privacy of a crime victim or other person; or (5) enforce Judicial Branch rules and policies that limit taking photographs, videotaping, or otherwise recording images in branch facilities.

Officers found liable of this offense are entitled, under existing law, to indemnification (repayment) from their state or municipal employer if they were acting within their scope of authority and the conduct was not willful, wanton, or reckless.

While I think the fourth and fifth exceptions to the law could be problematic, this should go a long way toward holding the police accountable.

As if this wasn’t enough good news, just yesterday Gov. Dannel Malloy signed a bill to abolish the death penalty in the Nutmeg state. CNN reports:

(CNN) — Connecticut Gov. Dannel Malloy signed a bill into law Wednesday that abolishes the death penalty, making his state the 17th in the nation to abandon capital punishment and the fifth in five years to usher in a repeal.

The law is effective immediately, though prospective in nature, meaning that it would not apply to those already sentenced to death. It replaces the death penalty with life in prison without the possibility of release as the state’s highest form of punishment.

“Although it is an historic moment — Connecticut joins 16 other states and the rest of the industrialized world by taking this action — it is a moment for sober reflection, not celebration,” Malloy said in a statement.

Connecticut isn’t a state that comes to my mind when I think of a death penalty state and for a good reason: only 2 people have been executed in that state in the last 52 years (both of which wanted to be executed), according to the governor. So, if the administration of the death penalty is so infrequent, why does this abolishing of the death penalty even matter? I think Gov. Malloy said it quite well in his signing statement: “Instead, the people of this state pay for appeal after appeal, and then watch time and again as defendants are marched in front of the cameras, giving them a platform of public attention they don’t deserve.”

Keep up the good work Connecticut!

Hat Tip: The Agitator

Open Thread: If I Wanted America to Fail…

FreeMarketAmerica.org has released a great video (above) called “If I Wanted America to Fail.” It’s a pretty decent list of policies one would want to implement to cause America to fail but it’s far from complete.

Here are a few suggestions of my own:

If I wanted America to fail, I would want congress to abdicate its war powers and give those powers to the president so he could commit acts of war against any country he desires for any or no reason at all.

If I wanted America to fail, I would want these undeclared wars to be open-ended with no discernable war aim. This would lead to blowback and create more enemies for America.

If I wanted America to fail, I would have troops deployed around the world to make sure the world is “safe for democracy” but would topple regimes, even those elected by the people of these countries, if the president found the new leaders not to his liking. This would create even more enemies who would try to cause America to fail.

If I wanted America to fail, I would do away with due process – even for American citizens who the president considers “enemy combatants.” I would want the president to have the ability to detain these people indefinitely, ship them to a foreign country, and even give the president the authority to kill these people anywhere in the world they are found.

If I wanted America to fail, I would have the ATF sell arms to Mexican drug cartels so they could kill innocent people on both sides of the border. I would name this operation after a lame action movie franchise and pretend to know nothing about it when details were made public (It’s not like the media would have any interest in investigating this deadly policy because this is a Democrat administration).

Now it’s your turn. What are the policies being implemented now that you would want implemented if your goal was to make America fail?

How far we have fallen…

Reading the point/counterpoint posts on the question of how the supreme court would decide on Obamacares constitutionality, was quite disturbing to me in several ways.

On the one hand I was heartened, because clearly both Brad and Doug are sane and rational folks with a reasonably solid background in both law and politics, and a foundational understanding of the constitution…

Of course, that only highlights how many people in this country are not.

Any reading of the constitution… of the very intent of the founding of this nation… makes it clear that our federal government is meant to be one of of limited and enumerated powers. If the government can mandate this, they can mandate anything. This is the fundamental argument about the necessity for a limiting principle to any government act.

And anyone who doesn’t want unlimited, unconstrained government can see that. Sadly, it seems that the idea of unlimited, unconstrained government is quite popular in some quarters… even with some supreme court justices.

The basic liberal/progressive/leftist argument for socialized medicine is “we should do this even if it IS illegal and unconstitutional, because it’s the right thing to do so the supreme court should uphold it”.

I.E. “It’s good because we want it, and therefore it should be legal because it is good; and we need to get rid of this whole “limited government” thing, because it gets in the way of us doing what is right and good.”

What I also find heartening is that both Brad and Doug both seem to have a good sense of all of this…

But that is also disturbing…

Because both of them seem to share the same actual opinion:

Both believe that Obamacare is ACTUALLY unconstitutional, and should be struck down…

…It’s just that Brad is cynical enough about the supreme court and the political aspects of the decision that he thinks enough justices will be able to argue themselves into ignoring the constitution and doing what they want to do, rather than what is right.

… and Doug believes that there’s a good possibility of that as well; he just has a bit more hope that they won’t.

… and if you look around the commentariat, that’s pretty much the split of positions that every other knowledgable observer has as well.

And if that isn’t disturbing to you, then you really have no idea what is going on, do you?

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

Justice for Martin, Zimmerman is More Important than Anyone’s Damned Political Agenda

Rumor, conjecture, race, debate over the appropriateness of Florida’s “Stand Your Ground” (SYG), and the debate over concealed carry among other discussions in the media and social media have taken on lives of their own in fatal shooting of Trayvon Martin. Protests have sprung up around the country demanding “justice” for the “murder”* of Martin allegedly committed by George Zimmerman who claims that he fired the fatal shot(s) in self defense. Others wonder why this story, because of the racial aspects, receive so much national media attention while cases involving white victims with black suspects do not, implying a politically correct double standard.** To inflame the debate even more, leading presidential candidates have weighed in thus (perhaps) turning this case, not only into a black vs. white issue, but also red vs. blue (or Right vs. Left if you prefer).

These all may be relevant issues for another debate, but should not determine the level of “justice” that will hopefully be determined in a court of law rather than the court of public opinion. Unfortunately, it seems that most people have taken sides without knowing all of the relevant facts of the case. Personally, I haven’t “taken sides” because there is plenty of conflicting accounts of what happened that fateful night and I don’t trust everything that is being reported***.

The real question in the case is, did George Zimmerman truly act in self defense and stand his ground as he claimed? This depends entirely on what actually happened; the factual details in this case (known and unknown) is all that really matter. Neal Boortz wrote perhaps the most balanced piece I have read so far on this case. Here he outlines three possible scenarios of the night in question.

As for the SYG law and the Trayvon Martin case, I haven’t seen anyone else bring this up, but both Trayvon and Zimmerman had the SYG law on their side under the three possible operating scenarios here:

1. George Zimmerman. If Zimmerman was attacked by Trayvon, as he claims, he had the legal authority to use deadly force to repel the attack. BUT .. and this is a big but here .. if he was pursuing Trayvon, as he said he was, the SYG law would not protect him from prosecution. Zimmerman wasn’t standing his ground. He was in pursuit. I see no reason for repeal of SYG here because the law will not stand as a defense for what Zimmerman did. By the way …. I heard Juan Williams on Fox News Channel say – not once, but several times — that George Zimmerman had been told by the police to stop his pursuit of Trayvon. First of all, there is no evidence that the 911 dispatcher Zimmerman was talking to was was a police officer. Secondly, the dispatcher didn’t say “Don’t do that.” The dispatcher said “You don’t need to be doing that.” Telling someone that they don’t need to be doing something is quite different from telling someone NOT to do something. Williams should understand this.

2. Trayvon Martin: How would the SYG law stand to protect Trayvon? If Trayvon had noticed he was being followed, and if he elected to flee his pursuer he would have every right to do so. He would also have every right to turn and to confront his pursuer. That would be “standing your ground.” So the rumored testimony of this eyewitness who said he saw Zimmerman on the ground with Trayvon pummeling him does not necessarily implicate Trayvon. If he was standing his ground he was acting within the law.

3. Now here’s where it could get complicated. What if Zimmerman had ceased his pursuit of Trayvon and retreated to his car. What if Trayvon then pursued Zimmerman to his car and attacked him. Trayvon would then lose his protection under SYG, just as Zimmerman did when he initiated a pursuit. But if Zimmerman than became the pursued instead of the pursuer, does he then have the SYG law to rely on? That’s an interesting question, and one that I think would have to be put in front of a jury.

Obviously, the number of scenarios of what might have really happened cannot be limited to these three but I think these can serve as a useful starting point for a productive debate.

Can we all agree that if Zimmerman pursued (which by nearly all counts and by the 911 call seems to be the case at least initially) and confronted Martin, Zimmerman was not acting in self defense?

Can we also agree that IF Zimmerman was following Martin and gave reason for Martin to believe Zimmerman was meaning him harm that Martin also had every right to stand his ground and use lethal force if he believed it necessary to defend himself? Would those of you who wholeheartedly believe that Zimmerman was acting in self defense when he fired the shot(s) be defending Martin had HE shot and killed Zimmerman because Martin was in fear for his life?

The third scenario is the most difficult quandary of all but could a reasonable person conclude that maybe they were both in the wrong? Could Zimmerman’s wrongful pursuit be “canceled out” by Martin’s pursuit and attack if Zimmerman was returning to his vehicle? In the event that they both contributed to Martin’s death, what would be the appropriate verdict? In my lay opinion, convicting Zimmerman of murder would be inappropriate here; a good case could be made that he could be guilty of manslaughter though.

With all the conflicting reports in the media, it seems to me that this is hardly a cut and dry case of murder or standing one’s ground. People on all sides of this issue should resist making this about every civil rights sin ever committed by members of various races. This case is about two individuals, George Zimmerman and Trayvon Martin. Not Al Sharpton, nor the New Black Panthers, nor bigoted white people racially profiling.

For those of you who are marching for “justice” for Martin, is this truly what you want or do you want revenge? Are you willing to accept the possibility that after a jury (be it grand jury or a jury deciding if Zimmerman is guilty of murder or a lesser charge) hears the evidence that they might determine that there isn’t enough evidence to prove Martin guilty of murder? Like it or not, in our system the accused is supposed to be considered innocent until proven guilty. This means that sometimes people actually do get away with murder. If the state fails to prove Zimmerman is guilty, don’t blame the jury, blame the state for failing to prove his guilt.

For those of you who are certain that Zimmerman was in the right, I pose the same above question to you. Additionally, are you willing to modify your views if the facts turn out to be opposite of your initial thoughts on the case?

It’s high time for everyone to take a deep breath and let the process work and let the chips fall where they may. Justice is more important than your damned political agenda.

» Read more

SCOTUS: Police Placing GPS Tracking Device on a Vehicle Without Warrant Violates the Fourth Amendment [or Does it?]

How about some good news on the civil liberties front to kick off the week for a change? Robert Barnes writing for The Washington Post reports that SCOTUS ruled 9-0 in United States v. Jones stating that the police placing a GPS tracking device on a person’s vehicle and tracking said vehicle over days, weeks, or months without a warrant violates the Fourth Amendment’s guarantee against unreasonable searches.

The Supreme Court ruled unanimously Monday that police must obtain a search warrant before using a GPS device to track criminal suspects. But the justices left for another day larger questions about how technology has altered a person’s expectation of privacy.

Justice Antonin Scalia wrote that the government needed a valid warrant before attaching a GPS device to the Jeep used by D.C. drug kingpin Antoine Jones, who was convicted in part because police tracked his movements on public roads for 28 days.

“We hold that the government’s installation of a GPS device on a target’s vehicle, and its use of that device to monitor the vehicle’s movements, constitutes a ‘search’ ” under the Fourth Amendment’s protection against unreasonable searches and seizures, Scalia wrote.

[…]

Alito’s point was that it was the lengthy GPS surveillance of Jones itself that violated the Fourth Amendment and that “the use of longer term GPS monitoring in investigations of most offenses impinges on expectations of privacy.”

“For such offenses,” he wrote, “society’s expectation has been that law enforcement agents and others would not — and indeed, in the main, simply could not — secretly monitor and catalogue every single movement of an individual’s car for a very long period.”

The only disagreement among the Justices was whether or not the decision went far enough to protect individuals in a 21st century world based on a 18th century law (i.e. the Fourth Amendment).

Hey, even a blind squirrel can find a nut once in awhile and in even rarer cases, 9 Supreme Court Justices.

***Correction/Further Analysis***
If you followed the link to The Washington Post article, you might notice that the parts I quoted don’t match up exactly. This is because the article has since been edited with a more complete explanation of what United States v. Jones really means. It appears that I put entirely too much trust into what was being reported in the media here and elsewhere (and I still haven’t gotten around to reading the opinion for myself).

Doug Mataconis (who is a lawyer; I am not) was the first to point out that the coverage of this ruling isn’t quite as good from a civil liberties perspective as the media would have us believe:

I think all you can really say is that, under circumstances of this case, the Court found that the use of the tracking device without a warrant was impermissible. As the majority opinion notes, however, the Government attempted to raise in their arguments to the Supreme Court the theory that the search was supported by reasonable suspicion and/or probable cause to believe that Jones was the leader of a drug gang. Under such a theory, the use of the tracking device would have theoretically been justified even without a warrant.

You can read a more detailed analysis from Doug here Outside the Beltway.

Doug also pointed me to this article by Orin Kerr at The Volokh Conspiracy post entitled “What Jones Does Not Hold”

It seems that I wasn’t the only one mislead about the true impact of this ruling. Even Radley Balko at The Agitator had to make some corrections to his post regarding this case and made reference to the same post by Kerr as well as an even more discouraging analysis from Tom Goldstein at SCOTUSblog.

We don’t go black… We try to turn on lights

We’re not going black today, over SOPA or PIPA.

In case you by some miracle hadn’t noticed it yet, tens of thousands of web sites around the country and around the world, are “going black” or putting up banners explaining that they are not available or there is no content today etc… In protest against the “Stop Online Privacy Act” and the “ProtectIP act”, which are currently (or were recently), being promulgated in congress.

We don’t have a problem with anyone who does. It’s important that people understand what SOPA and PIPA are (or were), and most folks are sadly unaware of the kind of stupid and harmful things that our government does.

Google and Wikipedia are two of the most important and most used sites on the net; and by participating in this protest, they will very certainly make a lot more people aware of this issue.

But “going black” isn’t what we do here.

We talk about political and social issues here; in particular about liberty and freedom. We try to inform people about the important issues, events, and principles of liberty and freedom; and then talk about them in as free and open a way as we can.

I personally think that going black would be entirely against what we are about here; and while it might help to draw more attention to the problem, it wouldn’t help us inform you, or help us begin the conversation about the issue.

… and of course, you can’t go to wikipedia day to find out about it…

So, I personally, would like to do something that is in the spirit of protesting the idiotic and harmful nature of these pieces of industry lobbying masquerading as legislation…

…And share a few things:

That’s the best explanation of why the freedom to share (within fair use of course, copyrights ARE important) is important; and why legislation like PIPA and SOPA are not only stupid and harmful, but entirely antithetical to the American system of ordered liberty.

And then there’s this piece by my friend (and bestselling author, buy his excellent books please) Larry Correia:

“for all of the people out there on the internet having a massive freak out about the government potentially damaging something they love… WELCOME TO THE PARTY.

You think this is something new or unusual? Nope. This is just about a topic that you happen to be familiar with. If you fall into that camp, I want you to take a deep breath, step back, and examine all of the other issues in the past that you didn’t know jack squat about, but your knee jerk reaction was to say “there’s a problem, the governement has to do something!” Well guess what? The crap the federal government usually comes up with to fix these problems is similar to SOPA. In other words, the legislation addresses a perceived problem by instituting a bunch of stupid overregulation and taking away someone’s freedom.

You think people need access to affordable medical care and shouldn’t be denied coverage? Well, you got used and we got the bloated ridiculous mess that is Obamacare. You saw a news report about how big business defrauded people and said congress should do something? Well, everyone in the business world got screwed because of Enron by completely useless new arbitrary crap laws, and a few years later we got into an even bigger financial crisis which the arbitrary crap laws we spent billions conforming to did nothing to prevent. No, because that financial crisis was caused by people saying that there was this huge problem that needed to be fixed, so more people who couldn’t afford to pay mortgages could still buy houses, and the government simply had to do something to fix this problem!

Any crisis… Any problem… You ask the feds to fix it, you get this kind of answer. Almost never do the laws fix the actual problem. Instead the government gets bigger and gains a few more powers and it doesn’t fix the issue. When the problem gets bigger, then the government gets bigger and gains a few more powers that actually make the problem worse. Oh look! Despite all of these laws the problem has gotten even bigger? Whatever should we do? Why, I know! Let’s pass an even bigger law that takes away more individual freedom and gives the government more control!
Repeat, repeat, repeat.

Any topic, any situation, any problem.

They address it, you lose freedom and they gain more control. Some of you are only offended today because this particular law hurts something you enjoy. The rest of the time? Screw it. You can’t be bothered to pay attention. Or worse, people like me who are up in arms over an issue are just cranks or anti-government crackpots.”

I was going to write something roughly similar to this, but Larry beat me to it… and I’d rather share what he wrote, because it’s good, and because I can.

At least for now…

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

Romney Would Have Signed the NDAA; Trusts that President Obama “Would not abuse this Power”

In last night’s debate, Gov. Mitt Romney said something quite incredible when asked if he would have signed the National Defense Authorization Act (NDAA):

Yes I would have [signed the NDAA] and I do believe it’s appropriate to have the capacity to detain people who are threats to this country who are members of Al Qaeda. Look you have every right in this country to protest and to express your views on a wide range of issues but you don’t have a right to join a group that is challenged America and has threatened killing Americans, has killed Americans and has declared war against America. That’s treason. And in this country we have a right to take those people and put them in jail.

And I recognize in a setting where there are enemy combatants and some of them on our own soil that could possibly be abused. There are a lot of things that I think this president does wrong – lots of them. But I don’t think he’s going to abuse this power and I know that if I were president I would not abuse this power. And I could also tell you in my view, you have to choose people who have sufficient character not to abuse the power of the presidency and to make sure that we do not violate the Constitutional principles.

But let me tell you, people who join Al Qaeda are not entitled to the rights of due process under our normal legal code. They are entitled instead to be treated as enemy combatants.

There are so many problems with Gov. Romney’s answer but let’s start with the issue of treason. The Constitution actually deals with the issue of treason (one of the few crimes mentioned in the document) in Article III, Section 3:

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

The Congress shall have power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

Where in this section does it say anything about jailing alleged traitors without due process? From my reading of this, the bar for proving treason is quite high but at a very minimum requires a trial (as opposed to the president’s declaration someone is a traitor or “enemy combatant”).

Perhaps the bigger issue is Romney’s throwing out any notion of the rule of law and replacing it with the rule of men. We are supposed to trust the president, even the very president who he says has done “lots of things” wrong. The onus is on us to make sure the “right” person is elected so that this power isn’t ever abused and does not violate Constitutional principles rather than constrain him with the rule of law (i.e. the Constitution).

I’ve got some bad news for you Gov. Romney. I don’t believe you have “sufficient character not to abuse the power of the presidency.” Your very acknowledgement that you would have signed the NDAA proves that you cannot be trusted to defend the Constitution as your oath would require.

Related:
National Defense Authorization Act Passes Complete With Indefinite Detention Provisions
The Late David Nolan’s Indefinite Detention of U.S. Citizens Fears One Step Closer to Being Realized

Quote of the Day: MLK Day 2012 Edition

Martin Luther King Jr.’s “I Have a Dream” speech is unquestionably one of the most infamous famous speeches in American history. In listening to the speech today, I found the following passages that aren’t as often quoted to be some of the most powerful lines in the speech.

In a sense we have come to our nation’s capital to cash a check. When the architects of our republic wrote the magnificent words of the Constitution and the Declaration of Independence, they were signing a promissory note to which every American was to fall heir. This note was a promise that all men, yes, black men as well as white men, would be guaranteed the unalienable rights of life, liberty, and the pursuit of happiness.

It is obvious today that America has defaulted on this promissory note insofar as her citizens of color are concerned. Instead of honoring this sacred obligation, America has given the Negro people a bad check, a check which has come back marked “insufficient funds.” But we refuse to believe that the bank of justice is bankrupt. We refuse to believe that there are insufficient funds in the great vaults of opportunity of this nation. So we have come to cash this check — a check that will give us upon demand the riches of freedom and the security of justice.

America has come a long way since King delivered this speech. Racial and ethnic minorities have made great strides thanks to courageous individuals like King who made a stand for liberty and justice (and in King’s case, paid with his life) and we are all better off for it.

Here is the rest of the speech. Listen and be inspired.

Rick Santorum, The Anti-Libertarian

Until Rick Santorum’s recent surge in the polls, I didn’t consider him much more than a nuisance. Since the beginning of the campaign, I thought he had the most anti-libertarian agenda in the 2012 race but I didn’t think he was as realistic of a threat as say Rick Perry or Newt Gingrich. The best way to approach Santorum was to ignore him and not give him the attention he desperately craved.

But since Santorum is polling in the top three in Iowa, I think it’s time use his own words to illustrate why he is the most anti-liberty candidate in the race. He actually makes Barack Obama look like a civil libertarian (which is quite an accomplishment).

First, in this interview, Santorum says (among other things) that the pursuit of happiness somehow harms America.

Then, David Boaz writing for Cato@Liberty shares this quote from Santorum taken from a 2006 interview on NPR:

One of the criticisms I make is to what I refer to as more of a libertarianish right. You know, the left has gone so far left and the right in some respects has gone so far right that they touch each other. They come around in the circle. This whole idea of personal autonomy, well I don’t think most conservatives hold that point of view. Some do. They have this idea that people should be left alone, be able to do whatever they want to do, government should keep our taxes down and keep our regulations low, that we shouldn’t get involved in the bedroom, we shouldn’t get involved in cultural issues. You know, people should do whatever they want. Well, that is not how traditional conservatives view the world and I think most conservatives understand that individuals can’t go it alone. That there is no such society that I am aware of, where we’ve had radical individualism and that it succeeds as a culture.

Silly me. I thought the American Revolution and this grand experiment in republican constitutional governance was precisely about “radical individualism” and liberty. To the extent our society hasn’t succeeded is due in large part to moralistic busy bodies just like Rick Santorum.

As if meddling in the affairs of Americans were not enough, Santorum also wants to continue to meddle in the Middle East and elsewhere. Santorum told “Meet the Press” that he would bomb Iran via airstrikes if Iran failed to allow inspectors verify that the regime isn’t developing a nuclear weapon (essentially, Iran is guilty of developing a bomb until proven innocent). “Iran will not get a nuclear weapon under my watch” Santorum proclaimed.

It seems that Rick Santorum inhabits another planet from those of us who believe in liberty, small government, and a humble foreign policy. This might explain why in the debates Santorum has the look of bewilderment on his face when Ron Paul speaks (in a foreign language apparently) about common sense principles of life, liberty, and property.

If the idea of a President Santorum doesn’t frighten you, it should.

Rest in Peace: Siobhan Reynolds

On Saturday Dec 24th, an important voice in the cause of freedom was silenced. Siobhan Reynolds, founder of the Pain Relief Network, tireless foe of the monsters promoting the War on (Some) Drugs, and the financially ruined victim of secret court proceedings that outrage the conscience and will rightly be held in infamy in coming years, was killed in a plane crash.

I can think of no finer eulogy than the one given by Radley Balko on The Agitator:

There aren’t very many people who can claim that they personally changed the public debate about an issue. Reynolds could. Before her crusade, no one was really talking about the under-treatment of pain. The media was still wrapped up in scare stories about “accidental addiction” to prescription painkillers and telling dramatic (and sometimes false) tales about patients whose lazy doctors got them hooked on Oxycontin. Reynolds toured the country to point out that, in fact, the real problem is that pain patients are suffering, particularly chronic pain patients. After Reynolds, the major newsweeklies, the New York Times, and a number of other national media outlets were asking if the DEA’s war on pain doctors had gone too far. …

She was tireless. I often thought she was a bit too idealistic, or at least that she set her goals to high. She told me once that she wouldn’t consider her work done until the Supreme Court declared the Controlled Substances Act unconstitutional. …

Reynolds started winning. She deserves a good deal of the credit for getting Richard Paey out of prison. She got sentences overturned, and got other doctors acquitted. …

Of course, the government doesn’t like a rabble rouser. It becomes especially wary of rabble rousers who begin to have some success. And so as Reynolds’ advocacy began to move the ball and get real results, the government bit back. When Reynolds began a campaign on behalf of Kansas physician Stephen Schneider, who had been indicted for overprescribing painkillers, Assistant U.S. Attorney Tonya Treadway launched a shameless and blatantly vindictive attack on free speech. Treadway opened a criminal investigation into Reynolds and her organization, likening Reynolds’ advocacy to obstruction of justice. Treadway then issued a sweeping subpoena for all email correspondence, phone records, and other documents that, had Reynolds complied, would have been the end of her organization. …

So Reynolds fought the subpoena, all the way to the U.S. Supreme Court. And she lost. Not only did she lose, but the government, with compliance from the federal courts, kept the entire fight secret. The briefs for the case are secret. The judges’ rulings are secret. Reynolds was barred from sharing the briefs she filed with the press. Perversely, Treadway had used the very grand jury secrecy intended to protect the accused to not only take down Reynolds and her organization, but to protect herself from any public scrutiny for doing so. …

Despite all that, the last time I spoke with Reynolds, she working on plans to start a new advocacy group for pain patients. She was an unwearying, unwavering activist for personal freedom.

And she died fighting. Rest in peace.

Read the whole thing.

I am an anarcho-capitalist living just west of Boston Massachussetts. I am married, have two children, and am trying to start my own computer consulting company.

GRANDMA GOT INDEFINITELY DETAINED (A VERY TSA CHRISTMAS)

Lyrics:

Grandma got indefinitely detained now
coming home to visit Christmas Eve
You could say she had a right to counsel
but some folks in the Congress disagree

she was flying home to our house
when she got checked by TSA
thought she might be Abdulmutallab
when they looked at her X-ray

Her hair had recently been colored
she paid cash for her Christmas gifts
two things apparently the Congress
says just might make you a terrorist

Grandma got indefinitely detained now
coming home to visit Christmas Eve
you could claim there’s no right to due process
but check the 5th amendment and you’ll see

they say they need to have these powers
to help protect this free country
but if it takes these steps to do so
what is it we are protecting?

Now she’s an enemy combatant
as if that makes any sense
the only thing that she’s combating
is her unpredictable incontinence

Grandma got indefinitely detained now
trying to come visit Christmas Eve
they took her rights in order to…protect rights..
the most genius plan ever in history

Grandma got indefinitely detained now
never made it home on Christmas day
she always wanted to live in Miami
at least now she’s 90 miles away

Quote of the Day: Bill of Rights 220th Anniversary Edition

December 15, 2011 marks the 220th anniversary of the Bill of Rights – at least what is left of them. Anthony Gregory’s article at The Huffington Post runs through the list of violations of these precious rights from the Adams administration’s Alien and Sedition acts all the way to the present day violations of the Bush/Obama years via the war on terror. I encourage everyone to read the whole article and reflect on what these rights mean to you on this Bill of Rights Day. If you read nothing else from the article, at least read Gregory’s conclusion:

Clearly, we fall far short from having Bill of Rights that we adhere to and that was designed for our future posterity over 220 years ago. In the end, it is public opinion that most restrains political power — not words on paper, not judges, not politicians’ promises. A population that is not decidedly and passionately against violations of their liberties will see their rights stripped away. If we want to have a Bill of Rights Day worth celebrating, we must demand that officials at all levels respect our freedoms — and not let the government get away with abusing them.

Gregory is right: preserving the Bill of Rights ultimately rests with all of us.

Polls Show Encouraging Signs in the Cause of Liberty

Just yesterday, the Libertarian Party celebrated its 40th Anniversary. In that time, no LP presidential candidate has come close to winning and few have won any office higher than at the city or county level. As someone who would like America to return to a much freer and prosperous place, it’s very easy to become discouraged. But is it possible that perhaps maybe more of our fellow citizens are finally coming around to our way of thinking? Can Ron Paul, Rand Paul, Mike Lee and other libertarian leaning Republicans win the struggle for the soul of the Republican Party?

According to a Gallup Poll released yesterday, 64% of a sample of 1,012 adults they polled said that “big government was the biggest threat to the country in the future” compared to 26% who said big business, and 10% who said big labor was the biggest threat. Surprisingly (to me at least), it was those who identified themselves as Democrats, who had the greatest increase in adopting this view, up 16% from the poll Gallup took in 2009, 48% now say big government is the biggest threat. What is even more remarkable is this increase happened while their guy is in the Oval Office.

Gallup’s bottom line conclusion from the poll:

Americans’ concerns about the threat of big government are near record-high levels. The Occupy Wall Street movement, focused on “fighting back against the corrosive power of major banks and multinational corporations,” has drawn much attention and a large following. Still, the majority of Americans do not view big business as the greatest threat to the country when asked to choose among big business, big government, and big labor. In fact, Americans’ concerns about big business have declined significantly since 2009.

Additionally, while Occupy Wall Street isn’t necessarily affiliated with a particular party, its anti-big business message may not be resonating with majorities in any party. Republicans, independents, and now close to half of Democrats are more concerned about the threat of big government than that coming from big business.

Music to my Libertarian ears!

On the presidential campaign front, here’s another nugget of encouraging news in a recent PPP poll in Iowa: Newt Gingrich 22%, Ron Paul 21%, Mitt Romney 16%, Michele Bachmann at 11%, Rick Perry at 9%, Rick Santorum at 8%, Jon Huntsman at 5%, and Gary Johnson at 1%.

Perhaps Gov. Gary Johnson holds the key to Ron Paul closing the gap in Iowa (and perhaps elsewhere). Gov. Johnson has been publicly flirting with the idea of dropping the GOP like a bad habit and running for the Libertarian Party nomination for some time now (hey, if the Republican establishment wants to treat him like a 3rd party candidate, maybe he should become a 3rd party candidate). As much as I hate to say it, the establishment has prevailed against Johnson and his supporters in this stage of the campaign. The time has come IMHO for Johnson supporters to encourage the governor to drop out of the Republican primary contest and throw his full support behind Ron Paul (while gearing up for the LP contest in the event Paul doesn’t get the GOP nomination).

Now that I am firmly 100% in the Ron Paul camp, a word of warning: the GOP establishment isn’t taking too kindly to Ron Paul’s recent success. It’s going to get nasty the more success he has (and the more nasty the attacks become, the more we know his message is resonating). Here’s one example of what I mean.

If Ron Paul can somehow overcome the establishment and win the nomination, perhaps some of the Democrats and independents who aren’t too thrilled with Obama’s atrocious civil liberties record can help put Paul into the Whitehouse. Not an easy task to be sure but probably our best (probably only) hope of slaying the dragon of big government and restoring liberty to America.

***UPDATE***
I somehow missed this story but apparently, Gov. Johnson has requested that his name be removed from Michigan primary ballot (his request was denied).

Johnson, a former governor of New Mexico, had been running as a Republican, but was denied access to most of the party’s televised debates and recently announced he would seek the Libertarian Party nomination instead.

Johnson’s campaign could not immediately be reached for comment, and it was unclear how Johnson’s decision would affect his effort to qualify as a Libertarian. Gendreau said Michigan law prohibits a candidate whose name appears on a primary ballot, and fails to win the nomination, to appear under another party banner in the general election.

Institute for Justice’s Bone Marrow Donor Compensation Legal Challenge Prevails

Here’s a follow up to a story I linked back in 2009 concerning the Institute for Justice’s legal challenge to the National Organ Transplant Act of 1984 and the act’s applicability to bone marrow transplants. This is very good news for the roughly 3,000 Americans who die every year while waiting to find a bone marrow match:

Arlington, Va.—The Ninth U.S. Circuit Court of Appeals today issued a unanimous opinion granting victory to cancer patients and their supporters from across the nation in a landmark constitutional challenge brought against the U.S. Attorney General. The lawsuit, filed by the Institute for Justice on behalf of cancer patients, their families, an internationally renowned marrow-transplant surgeon, and a California nonprofit group, seeks to allow individuals to create a pilot program that would encourage more bone-marrow donations by offering modest compensation—such as a scholarship or housing allowance—to donors. The program had been blocked by a federal law, the National Organ Transplant Act (NOTA), which makes compensating donors of these renewable cells a major felony punishable by up to five years in prison.

Under today’s decision, this pilot program will be perfectly legal, provided the donated cells are taken from a donor’s bloodstream rather than the hip. (Approximately 70 percent of all bone marrow donations are offered through the arm in a manner similar to donating whole blood.) Now, as a result of this legal victory, not only will the pilot programs the plaintiffs looked to create be considered legal, but any form of compensation for marrow donors would be legal within the boundaries of the Ninth Circuit, which includes California, Alaska, Arizona, Hawaii, Idaho, Montana, Nevada, Oregon, Washington and various other U.S. territories.

[…]

Rowes concluded, “This case isn’t about medicine; everyone agrees that bone marrow transplants save lives. This case is about whether individuals can make choices about compensating someone or receiving compensation for making a bone marrow donation without the government stopping them.”

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