Category Archives: The Bill Of Rights

The Bi-Partisan Assault On Liberty Since Orlando

Words cannot adequately describe the horrific shooting at an Orlando nightclub on Sunday the 12th that killed 49 and wounded 53. Such unthinkable acts deserve to draw strict scrutiny. When things like this happen, it’s important to bear in mind that we are America, and that we were founded on the bedrock principles of freedom. Further, as Ben Franklin was quoted as saying, those who sacrifice freedom for security deserve neither.

It’s a lesson we did not learn after 9/11, passing the Patriot Act and creating the Department of Homeland Security and the Transportation Security Administration. These three things, in addition to others, did nothing to adequately address the threat of terrorist actors while severely curtailing the liberty, and therefore the quality of life, of the average American, subjecting them to excessive lines at airports, the security theatre of removing their shoes and “joke-free” zones, and the 100 mile “Constitution free zone” that encompasses the entire land mass of at least six states. Arguably, these laws, regulations and standing orders made Americans less secure, due to the illusion of safety and the increased reliance on government.

The days since the Pulse shooting are shaping up to be along those lines, as we continually learn the exact wrong lessons from an act of terror by an individual who was clearly unhinged. In an effort to do something, government is overreaching – never let a good tragedy go to waste, after all – and a complicit public is allowing it on a bipartisan level. Even if their goals are different, the end result is the same. » Read more

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, and has freelanced elsewhere. He is a “liberaltarian” – a liberal libertarian. A network engineer by trade, he lives in Derby CT.

A Simple Question

mexico-drugs-sfSpanSo… hardcore drug warriors out there… I have a very simple question for you…


You can’t stop people from getting high. It’s NOT POSSIBLE.

It literally does not matter how far you go, you cannot stop it.

We can’t stop heroin from getting into supermax prisons, where there are no visitors allowed, and everyone is body searched in and out.

I just had a dedicated drug warrior fully sincerely advocate that we completely seal the border, and that every vehicle, container, and person should be fully cavity searched.

When I pointed out that cavity searches didn’t stop heroin from getting in to supermax prisons, he said that we need to have full walls on all the borders, and boats to patrol the coastlines to stop smugglers.

You can’t stop people from getting high. This is not an issue of sealing the borders.

Even if you actually sealed the borders successfully, then they would just grow it here.

How exactly would you stop that?

It would require constantly patrolling millions of acres of property, both public and private; searching all greenhouses, and all forests, and all fields of any kind, at least once every 90 days… in the entire country.

Doing so… aside from the massive violations of peoples rights, would require millions of law enforcement officers dedicated to it.

That would cost more than the entire budget of the United State by the way.

Even if you manage to completely eradicate all opium poppies, and all coca plants on the planet, they will just synthesize it in labs… and by labs, I mean, any quiet room with an electrical outlet, or anywhere you can run a generator, or a blow torch.

If you completely ban all substances that people could get high with, you ban thousands of legal products with legitimate and critical uses, including a huge number of critical medications.

You also have to ban all lab equipment, or closely license and track its sale. And all chemicals of all kind… and many kinds of foods. And most kinds of flowers.

And all machine tools, and glass blowing equipment… and blow torches, and pipes and tubes and sand…

And you’ll have to dig out and burn out millions and millions of acres of plants.

We have 7,500 miles of border. We have 13,000 miles of coastline.

You can make it a death penalty offense to posses, sell, or use drugs, or get high. Many countries do in fact… and people still get high.

This dedicated drug warrior said that it didn’t matter what it took, it didn’t matter what it cost… It didn’t matter if it wouldn’t work at all… That we had to do it anyway.

When I asked why, he said:

“Because to do otherwise would be to surrender”

Then I asked “Surrender what? To who?”

He said “Surrender to the junkies and the dealers”

I asked “Surrender what?”

He refused to answer.

And again I asked “Why”

He refused to answer.

I said “You’re advocating a police state, in order to stop people from getting high. Why?”

He refused to answer.

So… I have a very simple question for you…

You cannot possibly stop people who want to get high, from getting high.

You can’t make it illegal enough. You can’t ban or control enough. It’s not possible… you have to know that it isn’t possible..

Prohibition PROVED beyond all possibility of doubt that it’s impossible.

The last 45 years of the “War on Drugs” have proved beyond all possibility of doubt that it’s impossible.

Maximum security prisons prove beyond all possibility of doubt that it’s impossible.

But you still think we have to do it… No matter what it takes… No matter the harm it causes… No matter what rights get violated…No matter how much power it gives the state. No matter how much it costs…


It’s a really simple question…

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

In the Wake of Obergefell v. Hodges: Gay Marriage, Religious Liberty, and the Free Markets

Church of the Pilgrims, Washington DC

[Photo: Church of the Pilgrims, a Presbyterian USA Church in Washington DC, via Wikimedia Commons.]

On Friday, June 26, 2015, the Supreme Court held in Obergefell v. Hodges that under the Fourteenth Amendment, states are required to license marriages between same-sex partners and to also recognize same-sex marriage licenses from other states. The topic of same-sex marriage is probably one of the most polarizing topics in modern-day America. Over the past several days I have seen dozens of people, both for and against same-sex marriage, acting hateful to one another, unfriending and/or blocking people on social media because they have different views, and just having a very nasty tone. But why? Why can’t we have a dialogue on the topic? Let’s face it. Obergefell is now the law of the land. The purpose of this post is to try to open that dialogue. So now that gay marriage is legal in all 50 states, what comes next?

Gay Marriage

Contrary to what many may think, the Supreme Court did not create new law here. They did not legislate from the bench. The Supreme Court has a long history of recognizing marriage as a fundamental right and has held that the states cannot discriminate against consenting adults with regard to this fundamental right. The Supreme Court has held this time and time again. As Justice Kennedy noted in his majority opinion:

[T]he Court has long held the right to marry is protected by the Constitution.
In Loving v. Virginia, 388 U. S. 1, 12 (1967), which invalidated bans on interracial unions, a unanimous Court held marriage is “one of the vital personal rights essential to the orderly pursuit of happiness by free men.” The Court reaffirmed that holding in Zablocki v. Redhail, 434 U. S. 374, 384 (1978), which held the right to marry was burdened by a law prohibiting fathers who were behind on child support from marrying. The Court again applied this principle in Turner v. Safley, 482 U. S. 78, 95 (1987), which held the right to marry was abridged by regulations limiting the privilege of prison inmates to marry. Over time and in other contexts, the Court has reiterated that the right to marry is fundamental under the Due Process Clause.

– Obergefell (slip op., at 11)

Furthermore, the right to marry is guaranteed under the Equal Protection Clause of the Fourteenth Amendment. Anytime that a fundamental right is restricted to a group of people, the government bears the burden of proving that the law is necessary to meet a compelling government interest, that it is narrowly tailored to meet that interest, and that the means of implementing the law is the least restrictive means available. The Court found that there is no compelling government interest in denying same-sex couples the fundamental right to marry solely because of their sexual orientation. This is not creating new law. This is the Supreme Court telling the states that any law which restricts fundamental rights between consenting adults is unconstitutional.

Another argument that I often hear is that people think that this should be left up to the individual states to decide. That would be true under the Tenth Amendment. However, the Tenth Amendment only applies to powers not delegated to the United States by the Constitution. The Supreme Court has the power to interpret these laws under the Fourteenth Amendment. So the states’ rights argument doesn’t apply. Bans on same-sex marriage also violate the Privileges and Immunities Clause of the Fourteenth Amendment. This means that citizens who move to a new state are entitled to the same rights and privileges of citizens in the new state. The state cannot discriminate against them. Therefore, a marriage license that is valid in Massachusetts is also valid in Mississippi. A state cannot discriminate against people who move from other states.

This is not a legislative issue either. As Justice Kennedy stated:

The dynamic of our constitutional system is that individuals need not await legislative action before asserting a fundamental right. The Nation’s courts are open to injured individuals who come to them to vindicate their own direct, personal stake in our basic charter. An individual can invoke a right to constitutional protection when he or she is harmed, even if the broader public disagrees and even if the legislature refuses to act. Obergefell (slip op., at 24)

So even though the ideal process may be to go through the democratically elected legislature, this does not preclude one from raising the issue before the Court if his or her fundamental rights are abridged.

Therefore, the Supreme Court did not create a new law. They did not legislate from the bench. This is not a case of judicial activism run amok. Even if you do not agree with gay marriage, at least understand that the government cannot deprive others of fundamental rights that are given to the rest of us.

Religious Liberties

Rest assured that just because same-sex couples can now marry in all 50 states, it does not mean that the government can discriminate against religious institutions. The government should not force any particular denomination, pastor, priest, or clergy to perform a same-sex wedding against their will. This would violate the Free Exercise Clause of the First Amendment.

I don’t foresee this as much of an issue. Most gay people that I know would get married outside of the church anyway. But if a same-sex couple does want to get married in a particular denomination, their right to marry is not infringed by a pastor’s denial to perform the service. The same-sex couple is still free to seek out another pastor. If a Southern Baptist church does not want to perform the ceremony, the couple can go to an Episcopalian church. If a pastor with the Presbyterian Church of America (PCA) declines to perform a ceremony based on his religious conviction, the couple can seek a pastor with the Presbyterian Church USA (PCUSA) willing to perform the ceremony.

Therefore, I don’t see this decision as an attack on our religious liberties. Every denomination should be able to exercise their faith and religion as they see fit under the Free Exercise Clause of the First Amendment. If you do agree with gay marriage, at least understand that the government cannot infringe on a clergy’s right to exercise his or her faith by declining to perform a same-sex marriage.

Free Markets

Okay. So now same-sex marriage is legal in all 50 states. How does this affect the markets and what does it mean for all of the bakers, florists, photographers, et. al who decline their services to same-sex couples? As a Christian AND a libertarian, I sometimes find myself at odds with…myself. Even if I disagree with something that goes against my convictions, it doesn’t give me the right to deprive another of their rights or hate on them for their choices. So I want to view this topic in two lights. How should this be handled with regard to the free markets and the courts? And how does this appear in the eyes of God?

Over the past several years, Christian wedding service providers, such as bakers, florists, and photographers, have declined to provide their services to same sex weddings. In Colorado, Masterpiece Cakeshop was sued for failing to make a wedding cake for a same-sex reception. Despite the owner’s willingness to serve homosexuals in his establishment, he believes that making the wedding cake means that he is participating in the union and it goes against his convictions. More recently, in Oregon, an administrative judge proposed that Sweet Cakes by Melissa pay a same sex couple $135,000 for refusing to bake a cake for a same-sex marriage. Then of course, there was the New Mexico case where the NM State Supreme Court held that Elane Photography discriminated against a same-sex couple by refusing to record their wedding, despite their policy on welcoming gay couples for other services.

From a free market, libertarian position, I disagree with all of these decisions. In each of these cases, the business owner was willing to serve gay couples, but did not want to participate in the wedding ceremony. Businesses are rewarded or punished in the marketplace for their stances and services. If a customer doesn’t like their stance, s/he does not have to give them business. Let the markets dictate what happens to the business. I also understand the business point of view that their services are forms of expression. They should be protected from being forced to cave on their religious convictions. If they don’t want to express themselves in that manner, I don’t agree that they should be forced to. But does that mean that it’s the right decision?

As Christians, is this the way that we are to show our love to the world? In Matthew 22:36-40, Jesus tells us that we are to first, love the Lord our God with all our heart, soul, and mind and second, that we are to love our neighbors as ourselves. When we decline these services to others, are we loving our neighbors as ourselves? Are we reflecting the love of Jesus as we are called to do? I don’t think so. Jesus never really hung out with the religious folks. He was always meeting with, preaching to, and loving on the fishermen, the taxcollectors, the prostitutes, the dregs of society. Jesus said that he didn’t come for the righteous or powerful, but to save those who are lost. When we refuse services to same-sex couples, are we drawing them closer to God, or are we just pushing them further away?

I think that it’s time that we love our neighbors as ourselves.


Albert is a licensed attorney and holds a J.D. from Barry University School of Law as well as an MBA and BA in Political Science from The University of Central Florida. He is a conservative libertarian and his interests include judicial politics, criminal procedure, and elections. He has one son named Albert and a black lab puppy named Lincoln. In his spare time, he plays and coaches soccer.

Conservative Blogger Advocates Religious Oppression in America

first-amendmentNot much shocks me anymore but once in a while, I run across something that is so idiotic I wonder if there some sort of serious glitch in the matrix. It wasn’t but a few weeks ago that conservatives were standing up for private business owners’ right to discriminate against gay people on religious grounds. The rights of individuals to practice their religion as they see fit trumps nearly all else according to Christian conservatives.

What I’m about to share with you next may well make your head explode (it might be a good idea to get some duct tape to prevent your brains from splattering all over the place).


Conservative blogger writing for Western Journalism Steven Crowder is praising China for “banning” Islam within its borders. Not only is he praising China, Crowder also believes the same policies should be enacted here in the U.S.

So what is China doing? It’s declaring an all-out war to make sure Islam doesn’t take over and never gains the strength to attack them. So let me simplify it:

– Female head-coverings are banned. Period.

– Men are discouraged from growing long beards (often poorly grown ones, might I add).

– Even Islamic restaurants are forced to sell cigarettes and drinks. And …

– They must display them prominently. Any business owner who does not follow this order…will lose their business. Gone.


In other words: China learns. Unlike our inept government, it realizes, ‘Hey, Islam wants destroy us.’ It realizes that Islam is political in nature, not just religious. Don’t get me wrong: communism is terrible, but it’s also what absolves China from the shackling burdens of political correctness. They’d rather survive than be politically correct.

Full disclosure: I have not checked out for myself if China is actually implementing these policies. It wouldn’t surprise me but whether or not China is oppressing Muslims is beside the point. What concerns me is the idea that there are certain Americans who would cheer these kind of policies here (provided that it doesn’t apply to their faith, of course). I never thought I would see the day when conservatives would praise China for religious oppression.

To Mr. Crowder’s point about our “inept government” in how Muslims are being allowed to freely exercise their religion. In most cases, I would not argue against the notion that our government is inept but this isn’t the case this time. You see, Mr. Crowder, here in America we have something China does not. It’s called the First amendment. What part of “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof” do you not understand? And no, the First amendment does not just apply to Christians but everyone.

As bothersome as this is that someone would write such inane garbage on a conservative* website, it’s even more concerning that there are so many people agreeing with him in the comments section. These people are a much greater threat to our liberties than a minority of American Muslims ever could be.

Yes, There Really Are Two Americas. Look At How Different The South Is


This year marks the 150th anniversary of the end of the War Between the States. The Northern states, fighting to preserve the Union and (later) to end slavery, defeated the Southern states in a war that resulted in over 600,000 dead.

The war all but ended the concept of state soverignty as the question of secession was decided on the battlefield. The war also gave birth to concept of American nationalism as Americans began to consider themselves as American before being a citizen of their state.

However, America is probably now divided more than it has been in decades. The nation seems to be hopelessly gridlocked politically. Meanwhile, the culture wars are in full swing with social justice warriors going to war against traditionalists and libertarians. There really are two Americas.

What explains the division? I argue that culture and region probably provide the best clues to the division of America.

The Economist had an excellent article earlier this month describing how the South is still culturally different from the rest of the country. Why is that the case?


The dividing line is actually religion.

Religion is a better explanation of southern exceptionalism. The civil war divided most of America’s Protestant sects, says Mark Noll of the University of Notre Dame. Both the Presbyterian and Methodist churches split into northern branches, which opposed slavery, and southern branches, which did not. Even after slavery ended, theological divisions persisted. In the north, which saw mass immigration from all over the world in the decades after the war, Protestant churches had to find some accommodation with Jews, Catholics and, eventually, non-believers.



In the South the share of those born outside America (which was low to begin with) actually fell after the civil war. New migrants moved west or north but rarely south. Because of this, southern churches could hold more traditional views without challenge. Those tented revival meetings that were such a feature of southern Protestantism were not intended to win converts so much as to purify and strengthen beliefs that were already there.



The Southern Baptist movement, which is strongly associated with the “values voters” who favour the Republicans, has its origins in support for slavery. Southern Baptists have long since updated their views on race, as the many black Southern Baptist pastors attest, but the movement’s social conservatism endures. And southerners are unusually observant: Utah is the only non-southern state where church attendance is as high as in Dixie.



Southerners are also known for being fiercely individualistic. As the rest of America becomes more secular, it should be no surprise that the region still strongly believes in the Protestant work ethic and tends to be more supportive of limited government. They’re also willing to forgo a large portion of the safety net because religious charities will largely step up and fill the role.

Another interesting thing about Southern culture is how it tends to leave its mark on surrounding cultures. There are reasons why in particular heavily Catholic south Louisiana, pre-dominately Catholic Hispanics in Texas, and the Catholic Cuban-American community in Miami are more conservative than Catholics in New England and the Midwest. Those Southern values of individualism, hard work, personal responsibility and family values have rubbed off on those communities.

Here’s an interesting map from The Economist article.

Courtesy: The Economist

Courtesy: The Economist

A lot of the orange on the map corresponds to the red state/ blue state maps on presidential elections. The more secular states tend to vote Democratic while the more religious states vote Republican. The views on abortion and gay marriage also tend to align with religious viewpoints.

As you can see, America is deeply divided between a more religious and ironically more individualistic South and Midwest and the more secular coasts. Could the differences between these two Americas lead to secession and civil war? Who knows.

Now, I don’t believe you have to be religious to be moral and that all religious people are moral. But I do believe that a free society only survives when it’s populated by a moral people. The purpose of this post is not to pass judgement on anyone’s religious beliefs.

Let me close with something. We have quite a few non-religious and atheist contributors here who believe in free markets and secular values. I value them all and I’m proud to call them friends. I also know they’re the exception, rather than the rule among secularists. Most atheists generally lean to the left and conservative and libertarian atheists tend to be the exception than the norm.

Here’s an exit question: do you think many secularists replace religion with a belief in the state and social justice and that’s why they’re hostile to limited government? Let us know in the comments.

I’m one of the original co-founders of The Liberty Papers all the way back in 2005. Since then, I wound up doing this blogging thing professionally. Now I’m running the site now. You can find my other work at The and Rare. You can also find me over at the R Street Institute.
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