Category Archives: The War on Drugs

A Public Service for Our Readers Regarding Federal Drug Enforcement

We are posting this as a public service and informational notice, for our cannabis using, interested, curious, or just plain liberty oriented readers and friends…

Contrary to articles such as this:

Congress Effectively Ends The Federal Ban On Medical Marijuana
HighTimes

It seems the controversial $1.1T spending bill that is preventing the U.S. government from shutting down is chock full of surprises.

As you may know, much to the dismay of marijuana activists and lovers of democracy everywhere, the bill smacked down Washington DCs referendum that legalized recreational marijuana in the nation’s capital. What you may have missed (because those shifty politicians are doing everything under the table) is that the bill also quietly, but effectively lifted the federal ban on medical marijuana.

Let us be VERY clear… NO the federal government has not legalized, or ended the federal prohibition of medical marijuana.

No, really, they didn’t, no matter what High Times says.

Manufacture, distribution, transportation, storage, sale, possession, and use, of Marijuana are all still federal crimes. Further, they are automatic disqualification on a background check, or a drug test, or a security clearance etc… etc…

They also make one a prohibited person with respect to firearms, explosives, and destructive devices.

Yes… even in Washington and Colorado. 

All they did in this omnibus appropriations bill, was to partially defund and deprioritize enforcement of federal marijuana prohibition, against medical marijuana dispensaries only (NOT grow ops, or users) in those states with medical marijuana, between January and September.

That’s it. 

Here is the actual text, of the portion  of the bill in question:

“Sec. 538. None of the funds made available in this Act to the Department of Justice may be used, with respect to the States of Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Hawaii, Illinois, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, Oregon, Rhode Island, South Carolina, Tennessee, Utah, Vermont, Washington, and Wisconsin, to prevent such States from implementing their own State laws that authorize the use, distribution, possession, or cultivation of medical marijuana. Sec. 539. None of the funds made available by this Act may be used in contravention of section 7606 (“Legitimacy of Industrial Hemp Research”) of the Agricultural Act of 2014 (Public Law 113-79) by the Department of Justice or the Drug Enforcement Administration.”

There has been no real change in the law, there is just a change in the administration of a small subset of enforcement.

In fact, this action makes getting the changes we need in the law harder and less likely.

Far worse though, it furthers the toxic notion that we can just arbitrarily, capriciously, and disparately, choose to not enforce the law, when we feel like it… But then any time we change our mind we can go ahead and start enforcing it again.

This disrespects and debases the very foundation of rule of law.

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

Vote Cynically… The Politicians Certainly Do

So far, my co-contributors at The Liberty Papers have encouraged you to vote for Democrats, vote for Republicans, vote for Libertarians, not vote at all, and vote idealistically.

All are good arguments… or at least reasonable ones, with well argued rationales and logic behind them. I encourage you to take the time now to read all of them, and then come back here before continuing.

Done reading? Great…

Now, my position on how you should decide who to vote for is basically…

Screw all that… Vote Cynically

Presuming of course you’d prefer to optimize your voting pattern for reduction in the amount YOU… and most everyone else… gets screwed by the government that is.

I base this on one simple fact, that we all know (or at least should know) to be true:

Politicians are all liars

Of course, not all politicians lie about everything all the time, but generally assuming that all politicians are liars is a sensible optimization.

Though actually, there is a better… or at least more accurate and comprehensive…way of putting it.

Politicians, respond to their perceived incentives, to maximize their perceived advantages, and minimize their perceived disadvantages, for their own perceived benefit or interest (whether direct or indirect); often without regard for objective truth, facts, or “the greater good”; if these things are perceived to be in conflict with their interest.

Of course, so does everyone else.

Generally speaking, people respond to their perceived incentives and interests. Of course, they may misperceive or misunderstand what those are (very frequently), and they may respond in ways that are inefficient, ineffective, inappropriate, or counterproductive (in fact they most often do).

Even in the case of “pure altruism” (which yes, some deny the existence of), people do what they think is the “good thing”, or the “best thing” to do… which is still acting in according to a perceived interest or incentive, they just valued the “higher interest” greater than their own direct personal interest.

Most often, people do not intentionally act against against their own perceived interests

If you think politicians are better than everyone else, that somehow their motivations, intentions, or actions, are purer or more altruistic than those of any other person, you are wrong…

… and you know you are wrong… or at least you should.

If you think any politician is actually protecting your interests, or “standing up for you”, or “for the little guy”, or “the victim”, or  that they value or prioritize the principles, “values”, and issues, that they notionally “share” with you; over… or even equal to… their electoral calculation, you are wrong…

… and you know you’re wrong… or at least you should.

Sadly, most people seem to delude themselves into believing otherwise… or they wish it were, so strongly, that they simply choose act as if it was, against all evidence.

Some people just can’t, or won’t, let go of that hopeful, comfortable, delusion. Even when they know the truth, they keep voting for politicians thinking that somehow, “this one will be different”.

No… they won’t be different… 

Politicians are “different” , only in that they ACTIVELY seek direct personal power over others, and are willing to do what it takes to gain that power; including lying, cheating, stealing, and killing (even if it’s only at second hand).

This certainly does not make politicians better or more altruistic than anyone else, no matter how “good” or “beneficial” they, or you, or anyone else believes their ideas are, or how much “good” they claim to want to do (or you think they could do).

Yes, it’s possible that some politicians, at some point, will stick to their “values” or “principles”, or their honest position on issues, even if they know that doing so is against their own personal best interests.

It does happen… very rarely, but it does happen.

Most often though, no matter what they actually believe, or pretend to believe, or publicly claim to believe (sadly, often all three are different); what they actually DO, is vote cynically (or tactically, or strategically, or pragmatically, or corruptly, or with loyalty to their party and their financial supporters). They vote for what they believe to be optimal for advancing their true interests: perpetuating and increasing their own power, and enforcing their own preferences against others.

… After all… that’s why they become politicians (no matter what language they choose, or justification they claim, to pretty it up).

This is true of those who call themselves Democrats, and those who call themselves Republicans.

This is true of those who call themselves liberals, and those who call themselves conservatives.

What about Libertarian (or libertarian) politicians? 

There are so few who even CLAIM to be libertarians (or Libertarians), who are actually elected to national office (or  who in anything close to the real world, even stand a remote chance of ever being elected to a national office) that they are safe to ignore for the most part (and thus far almost all of them are actually Republicans).

Even if they were not however, libertarianism as a philosophy (and basic economics for that matter) would rather clearly show, that you shouldn’t trust “libertarian” politicians either.

You shouldn’t trust ANYONE who has, wants to have, or is trying to obtain, personal control over the coercive force of the state. Including those who claim to wish to reduce that control, use less of it, or to abolish it entirely.

It’s simply safer… and smarter, and more realistic… to assume that they are all lying; or that even if they are trying to be honest, once they have that power, they won’t want to reduce or release it (no matter what their justification may be).

… such an assumption has been proven by history, to nearly always be justified.

You have to understand, that most of the time what most politicians claim to believe, and their claimed goals and positions, are simply not what they actually believe… and very often even when they are, that’s a bad and dangerous thing.

The most dangerous thing in the world is a true believer, with the power, and the motive, to enforce their beliefs on others.

Most of what politicians claim to believe is actually about social signaling and fundraising

Allow me to repeat my frequent admonition, that many… perhaps most… of those who identify themselves as conservatives, are in fact no such thing; they are reactionary populists… or just cynical opportunists.

Many or most of those who claim to be liberals… or progressives… are ALSO reactionary populists, or cynical opportunists.

They claim what they claim, because it’s just about the easiest way for them to raise three things they need: Passion, Fear, and Money.

Politics runs on Passion, Fear, and Money

Importantly, any one, can be converted into any of the other two (with varying degrees of difficulty).

Real policy, is boring. It’s messy, and detailed, and complicated, and tedious, and most often unsatisfying.

“Doing nothing”, which frankly is most often what the government SHOULD do,  is even more boring.

Most people don’t have the time, the background, the information, or sufficient interest; in the complexities of the issues, the details of policies, of how real legislation actually ends up being written and passed into law… nevermind the infinitely more tedious and complex regulations that implement those laws.

Hell… even most politicians don’t… They staff it out, or just do and say what their party, their PR people, and their fundraisers, tell them.

I can only think of one president who was elected on a platform of doing as little as possible, and just trying not to screw up too much, Calvin Coolidge… and that was only because he was running for re-election on a successful record of having done so the previous two years, after being elevated to the presidency by accident (the death of Warren Harding). The only thing he ever actually actively did, was to increase tariffs dramatically… which as it happens, turned out very very badly.

Good government is boring. Bad government (or the idea of it) is what generates passion, fear, and money

Government is complicated and boring, and people for the most part don’t understand it… but they do understand narratives that conform to their sociocultural expectations, norms, and biases.

So that’s what politicians and the media give us (not because it’s a big conspiracy, simply in furtherance of their own interests).

We have shorthand. We have litmus tests, and shibboleths, and sacred cows, and “dog whistles”.

We have social signalling, and ingroup identification, and outgroup demonization.

We have “Barack Obama is a secret muslim socialist” and “The Republican war on women”, and “the Democrats will steal your 401k” and “the Republicans will ban abortion”.  Or to simplify “Democrats are evil and stupid” and “Republicans are stupid and evil”.

We have constructed narratives, that people can relate to, idealize, and project themselves into

There are a disconcerting number of people “on the right” who seem convinced that if we just wish hard enough, we can live forever in a magical time approximating 1957 through 1962 on continuous loop… But with iPhones.

For leftists, its the same kind of fantasy, except it’s 1962 through 1967, and Kennedy never dies (and is actually the “Progressive” fantasy they project onto him…).

So, these are the narrative preconceptions that “liberals” and “conservatives” attempt to pander to, and the narratives they attempt to construct.

Sociologists, psychologists, political scientists, PR people, political consultants, and the politicians themselves; figured something out a long time ago, which unfortunately many don’t understand, find disturbing, or simply refuse to believe…

For most people, most of the time, the facts, issues, positions, policies, and outcomes, don’t even really matter that much (though most don’t understand this about themselves, or believe it when it’s pointed out to them). Politics (or political issues) become a matter of social signaling;  ingroup selection, identification, and reinforcement; and outgroup exclusion and demonization.

Their sociopolitical identification becomes part of their identity, their self justification, and their ego.

It’s a team sport, and it’s about scoring points for “their side”, and avoiding having points scored on  “their side”. Their side has to be defended and error cannot be admitted, because the other side would score points, the “good guys” might lose the “bad guys” might win etc…

The way you “score points”, and raise passion, fear, and most importantly money; is to make people believe you’re like them (the good guy – ingroup identification), that the other guy isn’t like them (the bad guy – outgroup exclusion and “othering”), and that they are bad, and evil, and stupid, and wrong, and ruining everything in every way (outgroup demonization).

Once someones sociopolitical identification has become internalized as part of their sense of self, they generally cannot admit serious fault or error on the part of their sociopolitical ingroup, without causing themselves emotional and intellectual injury and pain, cognitive dissonance, even existential crises… most people try to avoid those things whenever possible (sometimes going to great or ridiculous extremes to do so).

There are two major parties, but one overriding interest is shared by both.

Some believe that there is effectively no difference between the major parties… that’s is JUST a team sport, or a horse race etc… That they’re the blue statist party and the red statist party, and the only difference is in the rhetoric.

This is false. There are plenty of very important differences. The devil is in the details, and there are so very many details… Particularly when you get into cabinet and subcabinet posts, executive appointments (and the impact on the executive agencies), and state and local government.

The great problem though (and the large element of truth in the concept), is that both major parties believe in using the coercive power of the state to “fix things” and “do good things” and “make things better”.

Both parties believe that to do so, they need to increase the power of the state in the areas that “need to be fixed” (…and between them, they believe EVERYTHING needs to be” fixed”).

Both parties believe that they (and the people who they agree with and identify with) are the “right people” to have that power, and make those changes, and “fix those problems”; and that in order to do so they need to stay in power, and in control of its mechanisms and institutions.

It’s just that the two major parties believe that different things are “wrong”, or “broken”, or need “improvement”… Or that they should be “corrected”, “fixed” or “improved”, in different ways, by different means.

That’s not “no difference at all”, or even a distinction without a difference… but it can certainly seem like that at times.

Let’s be clear about something though… 

If you believe that an appropriate response to someone doing something you do not like, but which is not otherwise violating someone else’s rights, is to use the government to force them to stop, YOU ARE NOT CONSERVATIVE.

If you believe that an appropriate response to someone doing something you do not like, but which is not otherwise violating someone else’s rights, is to use the government to force them to stop, YOU ARE NOT LIBERAL.

If you believe that an appropriate response to someone doing something you do not like, but which is not otherwise violating someone else’s rights, is to use the government to force them to stop, YOU ARE MOST CERTAINLY NOT LIBERTARIAN.

…Even if what they are doing is in fact, bad, and stupid, and wrong, and harmful.

Let me use the Republicans and “Conservatives” as my example for now…

One must draw the distinction between a political party (which must operate in the real world of electoral and legislative politics), and a political philosophy.

The Republican party is in no way “the” or even “a” conservative party, they are simply
generally more notionally and theoretically “conservative” in their rhetoric, than the Democratic party.

They officially profess to subscribe to some conservative principles and ideals, but they also have elements of their platform and policies which are in fact antithetical to truly conservative principles and ideals. That’s not even getting into what they actually DO… or sometimes more importantly, choose NOT to do.

There is no truly, explicitly, and consistently conservative political party in the United States… or at least none that have any national notice or significance. That includes the American Conservative party, and the Constitution Party; both of which are even more reactionary and populist than the Republican party.

This of course is how they attract and retain their adherents, and raise their money.

There is little money in true conservatism. There is often little passion as well, at least from the outside perspective. 

There is money (and power) in anger, and fear.

There is money (and power) in authoritarian reactionism.

There is money (and power) in authoritarian populism.

There is money (and power) in “there oughta be a law”.

These things are not conservative (nor are they liberal).

Actual  conservatives, are actually generally pretty “boring”… or at least they are more nuanced… subtle… or just muddled looking and feeling; than either media, or “the base” can get excited over, or even understand.

There is rarely any purely black and white, definitely good or unambiguously bad, in ACTUAL conservative policy; there is only “less bad” and “slightly better”, and balancing of interests, advantages, and disadvantages.

With truly conservative policies, without gross oversimplification, there is rarely a clear, compelling, and easily understood narrative for people to identify with, or for the media to  portray.

In an attempt to engage the public, sometimes conservatives or their supporters, attempt to use the techniques of narrative construction that reactionaries and populists use (beginning with the aforementioned gross oversimplification)… This generally results in less than positive outcomes. Often at best misunderstanding and misrepresentation (intentional or otherwise), at worst descending into parody and mockery, and buried under strawmen.

When there is a clear, factual, and truthful narrative, it is generally inconsistent with… or even explicitly contradicts, the activist, statist, idealist, or authoritarian narratives; that most people (both those who identify as “liberal” and those who identify as “conservative”) have internalized as their own map of “reality”, and as part of their own identities.

Rather than face this contradiction, most will ignore it,  oversimplify and distort the truth to sorta kinda almost fit an existing narrative they understand, or simply make one up that fits their preconceptions and biases.

Ironically, those who most loudly proclaim themselves to be conservative; who with great wailing and gnashing of teeth and rending of garments, decry the Republican party the loudest for being insufficiently so; are IN FACT  most often doing so, not for being insufficiently conservative, but in fact for being insufficiently reactionary, authoritarian, statist, or populist.

Of course… do a find and replace in this section on “conservative” and “Republican”, with “liberal” and “Democrat” , and it will also be accurate (… okay… you also have to replace “constitution” with “green”).

Most people want to be controlled… they simply want to believe they chose their own masters

It is sometimes said, there are three types of people:

  • Those who want to control others
  • Those who want to be controlled
  • Those who just want to be left alone

The core problem libertarians face, is that most people really do want “someone to be in charge of things”. Either themselves, or someone they agree with, or identify with, or think is “the right man”, or who will “do the right things”.

Even if they don’t want to be controlled themselves, they want “someone to be in charge” of  “the other people”… You know, the bad people… the ones they disagree with and don’t identify with. The ones who are “screwing everything up” or “getting in the way of things being improved”.

They see the many problems in the world, see the resources, reach, and power of government, and think “hey, we should SOLVE these problems… Fix these injustices. Right these wrongs… We can do it if we really try, we just have to really want to do it”.

Most people have internalized the idea, that if we just put people who are good enough, and smart enough, and “right” enough, in charge of everything, with the power to “make it right”, that everything will be better, or good, or right….

…or some other such fantasy.

Even if they know it’s a fantasy, most pretend it’s true anyway, because the alternative seems far worse… Far scarier.

The idea that no-one is in charge, and that no-one can “fix it”, is far more terrifying, than the notion that “the bad people are controlling everything and making it all bad”. At least then, there something you can do… some control you have.

Most people simply don’t want to face that there isn’t any such thing as “the right people”, and only very rarely is there a “right thing”.

Trying hard, and meaning well, don’t count.

“Ok… so what do you do then? Give up? Ignore politics? Don’t Vote? Does it really just encourage the bastards?”

Well… yes, voting DOES encourage the bastards, but that’s not ALL it does.

You may not like politics, but you can’t ignore it. To paraphrase… You may not be interested in politics, but politics is interested in you.

You are a participant, whether you want to be or not… just like everyone else.

Then only question is, are you going to be a passive participant, or are you doing to at least try to do something?

Is voting actually doing something? 

Sometimes it is, sometimes it isn’t… It is if you do it right.

Of course, it’s not the only thing you can or should do… but that’s a discussion for later.

“I hate this politics crap… it doesn’t work, it’s all wrong, it’s messy, it’s inefficient, it’s nasty, it’s corrupt… ”

Yes… it is. That’s life. Deal with it.

I’m a libertarian, not an ideologue.

For me, libertarianism is a matter of ethics, and morals,  and process improvement. It’s not really a matter of politics… or at least not just politics.

“Politics” is not an identity, or a moral system, or a philosophy, or a social belief system.

… or at least it shouldn’t be, because man… it’s pretty awful at being any of those things, never mind all of them.

Politics, is how economics, sociology, anthropology, biology, and psychology; all battle against each other (and often, against reality itself), in an absurd and perverse attempt, to agree on some way of not killing each other… or taking or breaking each others stuff… at least not without permission, or damn good reason.

More concretely, “Politics” is a set of frameworks for making collective decisions. Governments are one of the systems we have for managing these frameworks. States are one of the structures by which we can enable and execute on these decisions (there are several other options in all three categories, but what we’ve got now isn’t likely to be replaced by anything better any time soon).

They are just part of the toolsets needed to execute the mission of  maximizing human liberty, and minimizing the coercive restraint thereof.

note: For those of you who are actually strict or pure anarchists, who believe that human liberty can only be maximised in the absence of governance, or of a state… unfortunately you are wrong. Without government, the strong who desire power over others, will  gather power to themselves, and use that power to force their will upon the weak and the unpopular. 

…Of course they do that with government as well… the tyranny of the majority is the worst tyranny… The trick is to limit government power, and ability to grant itself more, as much as possible… and to periodically shoot them all and start over.

As a minarchist, I understand and accept that the state exists, likely always will exist, and for some things it is the best realistic option (meaning likely to be close to achievable in the world we actually live in) to get certain things done which need to be done.

Note: Or which are of such great benefit to all, at so little detriment, that doing so is an objective good, and not doing so is an objective negative (basic sanitation, public health, common defense, disinterested courts etc…) Exactly what things are absolutely necessary, vs. what is just acceptable for the state to do, vs. what it is NOT acceptable for the state to do…  is a much bigger argument… actually a centuries long series of much bigger arguments. 

There’s lots of things we COULD do using the power and force of government. I just think that most of the time we shouldn’t, because no one and certainly no collective, knows how to run my life better than I do… And I don’t know how to run anyone else’s life better than they do.

…Even if that means that stupid or evil people do stupid and harmful things, or that we don’t make things as good as we could possibly make them. 

We can’t ever know what all the consequences and effects of our decisions and actions may be, nor can we truly know if we made a correct or optimal decision, nor can we eliminate our own biases and prejudices, nor can we ever have perfect information or perfect reason.

No matter what we do, we will always be wrong, in some way, at some time, for some one. We can only make what we believe to be the  least wrong decision for ourselves, at the time  we have to make it, with the information we have at the time, and under the conditions we made it.

Since we cannot know these things, and can’t be right, only less wrong; we should only force on others that which is absolutely necessary (or which is of significant, unambiguous and compelling benefit to all, with minimal or inconsequential cost or detriment… and even that much, and what constitutes that… is up for major debate). 

We don’t have the moral or ethical right,  to violate other peoples rights for their own good, or for the collective good; even if they are doing stupid and harmful things with those rights… so, long as they are not actually violating anyone elses rights (and again, what that constitutes is vigorously debated). 

I believe it is a moral imperative to use the force of the state as little as possible. I believe it is a practical optimization to help achieve this imperative,  to reduce the power the state has whenever possible, as well as reducing both the opportunities it has to use it, and the ease in which it does so. 

Unfortunately, this ethical philosophy generally won’t get you elected anywhere I know of…

Politicians get elected, because people still believe “there oughta be a law”

There are NO elected or electable politicians who agree with me… or at least those who

None.

Even those who claim to be libertarians… They still believe (or at least claim to believe) in using the coercive force of the state to enforce their preferences.

…Because if they didn’t, they wouldn’t have a purpose or a job.

Politicians don’t get elected on the promise of doing nothing, they get elected by promising to “right wrongs” and “fix problems”.  They get elected because most people, no matter what they claim to believe, still think “there ought to be a law” when they see something they dislike enough.

There are plenty who CLAIM to agree with me, or who agree with me in part, or who will at least generally vote in a way that would advance (or not undermine) what I believe in… at least on some issues. Particularly when it comes to local politicians and local issues.

… but that’s an awful lot of caveats.

The Perfect is The Enemy of The Good… or the “Good Enough For Now”… or the “Best We’re Gonna Get”… or the “Least Bad” 

Since no one who is ever going to be elected, ever agrees with me completely… or generally in more than a few particulars… I have to work on a “least bad” decision making basis.

That’s almost always true of any complicated issue by the way… there’s rarely ever such thing as an unambiguously good or right decision… Only the “least bad” or “least wrong” decision.

So, whenever possible, I vote in the way that I believe will reduce the power of the state, the legitimate use of that power, and the ease with which the state may do so; unless doing so would be cripplingly wasteful, inefficient, or hindering, of the critical and legitimate missions of the state.

When, as is so often the case, I am unable to vote “well”, I try to vote in the way that will be “least bad” for that goal.

If that’s impossible, I will attempt to vote in a way that blocks the formation of overwhelming power blocks, or restrains the use of such power; for example voting for split government, bloc spoilers, effective opponents to dominant power concentrations etc…

Purity tests are not useful. They are in fact harmful. Trusting them is stupid, and applying them makes you miss out on things which might usefully advance your interests (or at least usefully aid in defend them)

If you could trust them, then MAYBE purity tests would be worthwhile, but you can’t.

As a libertarian, how can you vote for “them”?

“As a libertarian, how can you vote for a Republican when the party is controlled by so called social conservatives, who are against drugs and gay marriage”

“As a libertarian, how can you vote for a democrat when the party is controlled by socialist nanny staters”

Because in the real world, politics and government are not about purity, or perfection, or ideals… They’re about calculation and optimization, of the possible. It’s simply a question of least bad decision making.

If I waited for a candidate who believed exactly what I did… Well, that’s never going to happen.

If I waited for a candidate I trusted completely…. Well, that’s never going to happen either.

So… if I want to have any impact or influence whatsoever, I need to act locally, and personally, and apply least bad decision making.

Why bother voting at all?

Because yes, least bad decision making actually works.

Is it great… no… but it’s better than nothing…

You CAN have an impact as an individual. You can influence local candidates, and local parties. Local parties write state level platform and legislative input, and select local candidates. Local candidates become state level candidates, and local party positions become state party positions. Then later, state candidates become national candidates, and state party positions become national party positions.

Hell… Robert Heinlein wrote a book about the process in 1949 called “Take Back Your Government”, and most of what he wrote then still applies today (at least in principle… obviously demographics, social issues, cultural tastes etc… have changed).

Decisions are made by those who show up

I go to local political events. I meet candidates and participate in conference calls, and round tables, and townhalls and debates. I have been active in my local political scene several places I have lived. Through county level involvement, I’ve helped write position papers  which became part of the state party platform, select candidates who were elected to statewide office, and even write legislation that was eventually passed on the state level (in north Idaho… we basically arranged a libertarian takeover of a county republican party).

… Perhaps more importantly, I’ve helped STOP legislation, and positions, and candidates, which would have been AWFUL for liberty.

If there is a competitive libertarian (no matter what party affiliation they claim), who isn’t a nutjob, or a 9/11 truther, or some form of involuntary collectivist, or authoritarian statist claiming to be a libertarian (Chomskyites… christ no… ) I’ll gladly vote for one. I have voted for libertarian local candidates in the past, a couple of whom even got elected.

If I live in a state or a county that’s going to go Democrat, or Republican, no matter who I vote, I’ll absolutely vote for a libertarian, because the higher the numbers libertarians get, the less they can be ignored,  the more negative press the major parties get, and the more people get exposed to libertarian ideas.

If both parties select absolutely awful candidates who I can’t see any advantage in voting for, or disadvantage in voting against, I will vote libertarian as well.

As I said above, I will vote to block concentration of power, or to counter existing concentrations or excesses, or to blunt their effectiveness.

Most often though, least bad decision making, means I vote Republican (and every once in a while, very rarely, and only on a local level, Democrat).

Why Republican? Why not Democrat?

There are a few “benchmark issues” that will GENERALLY give you a good idea about where a politician stands on rights, freedom, liberty as a whole, individualism and collectivism and the like.

  • Abortion
  • Gun control
  • Economic freedom
  • Drugs
  • Taxation
  • Wealth redistribution
  • Personal moral choices
  • Publicly funded and controlled education
  • Foreign policy
  • Freedom of speech

Sometimes an individual politicians positions on these issues will be inconsistent with each other, or with other members of their party, but they’re generally clustered into areas of agreement with their party which are generally roughly identified as “social issues’ and “economic issues”

I disagree with most major party candidates, about most of theses issues… “both” sides… in some fairly significant ways.

I disagree with both major parties, about social issues, and economic issues. I am not socially a Democrat and economically a Republican. That’s just pseudo-libertarian populism. My disagreements with the Republicans  are absolutely as strong, and as important to me, as my disagreements with democrats.

So why do I generally vote Republican (at least for national offices)?

Because I’m a cynic…

Well, that, and because I’m an engineer by both nature, and by education and training.

Engineers understand that the perfect is the enemy of the good, and that small incremental changes with testing, and iterative optimization over time (with evidence, data, and metrics); is the only way to actually be successful in complicated endeavors over the long term.

We got here by creeping incrementalism. We can roll SOME of it back through creeping decrementalism

Liberals, and conservatives, Democrats, and Republicans… All have stupid, harmful, and destructive notions about the use of the coercive force of the state. I would like to minimize the impact of these stupid, harmful, and destructive notions, to the extent I am able.

Very broadly, Democrats claim to believe (and generally vote for) one set of ideas in each category, and Republicans claim to believe pretty much the opposite set of ideas in each category.

As I said, I am not a Democrat on social issues, and a Republican on economic issues… HOWEVER, very broadly and generally speaking, Democrats claim to believe stupider and more harmful things in the “economic” category, and Republicans claim to believe stupider and more harmful things in the “social” category.

So, if both social and economic issues are equally important to me, why do I generally vote Republican?

I’m counting on incompetence, inefficiency, ineffectiveness, venality, malice, and deceit.

… and I’m rarely disappointed.

Now… the thing is… with liberals, or “progressives” or leftists of most stripes… most of them really sincerely believe in using the coercive force of the state to make changes in society.

Importantly, they often actually attempt to. and are depressingly successful in, passing legislation theoretically intended to implement and enforce their stupid, harmful, and destructive ideas (though generally speaking, not the changes they actually claimed they were trying to make, with the results they claimed to intend; since it seems liberals don’t believe in or understand the law of unintended consequences, or that results are more important than intent).

Critically for my optimization process (and most unfortunately) Democrats seem to be pretty good at passing stupid and harmful laws in both the social and the economic regimes.

Republicans for the most part, limit their efforts to… or at least focus the majority of their claimed efforts on… their harmful, stupid, and dangerous social ideas (yes, the majority of… not all, by a long shot).

In particular, with notionally socially conservative politicians… or at least the ones that actually manage to get elected… most of them don’t actually believe in the stupid ideas they claim to believe. They’re simply social signalling, or pandering to the less intelligent on “their side” (who unfortunately are also often the most motivated).

More importantly, they rarely make any kind of sincere or effective attempt to actually pass these idiotic and harmful laws (they’ll propose them, but they hardly ever actually even try to pass them). The few true social conservatives who actually manage to get elected, and who do sincerely believe their own idiocy, are mostly ineffective at passing legislation attempting to implement said idiocy

Basically I trust Republicans to generally be less competent and effective  at executing on their agenda than Democrats

Which, under this rationale, is exactly what I want.

So… it’s generally a cynical, but realistic, optimization to vote for Republicans, because the stupid and statist ideas from their side generally don’t actually get implemented or enforced (or they get overturned in court), while the Democrats stupid and statist ideas often do.

That’s what voting cynically really means.

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

President Obama Appoints Drug War Opponent To Head DOJ’s Civil Rights Division

President Obama has appointed attorney Vanita Gupta to head the Department of Justice’s Civil Rights Division. What should be of interest is Ms. Gupta’s opposition to the Drug War and calls for prison reform.

Reason has more:

A drug-war denouncing, prison-reform crusading, longtime civil-rights attorney is President Obama’s new pick to head the Justice Department’s civil rights division. Venita Gupta, 39, will take over as acting assistant attorney general for civil rights next week, and the White House will likely propose making it permanent within the next few months, according to The Washington Post.

Gupta has called the drug war “disastrous”, the asset forfeiture program “broken”, and police militarization “out of control”. She supports marijuana decriminalization and eliminating mandatory minimum sentencing. “It’s time for states to end the costly criminalization of marijuana and recalibrate sentencing laws so that the punishment actually fits the crime as opposed to a politician’s reelection agenda,” she wrote in a September op-ed for CNN.

This is a positive step from an administration that has been all talk on drug policy. While it is unknown if Gupta supports legalization, even just moving towards an approach of decriminalization, eliminating mandatory minimums, and reining in police militarization and the asset forfeiture program would be a very big positive step for civil liberties.

There has been one positive to the Eric Holder Justice Department, which is that the Holder Justice Department has been relentless in launching civil rights investigations in response to police brutality committed by local law enforcement. Gupta’s record and previous writings show that she would be as aggressive in this role as her predecessor, which is a very good thing.

All in all, this is a very good appointment by the Obama Administration that should be praised by anyone concerned with civil liberties.

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 IJ Review.com and Rare. You can also find me over at the R Street Institute.

Performance Enhancing? Nope… normalizing… But don’t try to tell the DEA that

There’s a funny thing about my life… I’m not sure if this is comic, tragic, ironic or what…

I spent more than 10 years as a serious competitive powerlifter, football player, wrestler, and martial artist, and another few years as a just a hobbyist.

In that entire time, I never did a single “performance enhancing drug”… Never even tempted to do so.

Now I’m a broken down, fat, middle aged cripple… who the DEA looks at like I’m a drug dealer or abuser of “performance enhancing substances”… just to keep from getting fatter, more broken down, and more crippled.

I’m 8 years into the frank symptoms of chronic illness (which turned out to be a weird and rare kind of endocrine cancer, that almost killed me, and basically destroyed my endocrine system. I have been cancer free for almost 2 years now), and  I am now on damn near the exact combination of drugs that “juicers” would traditionally use for such things.

I take more testosterone every week than most steroid abusers would even think of… and I don’t cycle it, I take it constantly, deep muscle injection every week.

I take an aromatase inhibitor to keep all that testosterone from converting to estrogens and testosterone antagonists (and giving me all the nasty side effects that not cycling off testosterone injections give you). We’re experimenting with that one right now, but we may end up adding an estrogen/estradiol antagonist to the mix on top of the aromatase inhibitor.

By the by… those drugs are normally what they give to breast cancer and ovarian cancer patients. They actually say in the interaction warnings “do not take if you are a man”… unless of course you’re a man whose body is producing too much estrogen, or converting too much testosterone into estrogens and testosterone antagonists, and blocking his ability to produce and use testosterone properly. If you’re not one of those men, it dramatically increases the effect of testosterone (and other steroid hormones) on your body.

I’m on enough primary thyroid hormone to quite literally kill a normal person… in fact, not just “enough”, the amount I take is several times the lethal dosage. It’s still may not be enough for me. The doc just increased it today, and will probably increase it again in 6-12 weeks when we sort out the effects of the new meds. Sometimes athletes abuse thyroid hormones for weight loss, increased energy, and to boost other performance enhancing hormones naturally.

For allergies, and for inflammation pursuant to the endocrine issues, I take two different other steroidal medications (a glucocorticoid and a mineralcorticoid), which act as bronchodilators and anti-inflammatories.

To deal with some of the unfun and nasty side effects and after effects of the cancer (to improve metabolic function, energy, mental acuity etc…) I’m also taking enough creatine to put a normal person into kidney failure… For me, it actually makes my kidneys work better.

Because of the aftereffects of the cancer, the endocrine issues, and the side effects of the medications, I’m on megadoses of vitamins and minerals. I mean MEGADOSES.

Between all of those, my growth hormone production and DHEA production should be elevated through the roof… as if I was taking illegal supplementation of HGH. It’s not… because my endocrine system is so screwed up.

For my edema (another lovely endocrine side effect, which can be made worse by my meds), I take more diuretics than the most abusive wrestler, gymnast, or bodybuilder. I’ve lost 24lbs in 24 hours, and 48lbs in 7 days just from the pills.

For musculoskeletal pain and systemic inflammation, I’m on more and stronger anti-inflammatories than any athlete rehabbing after a major injury (I take 1000mg of etodolac twice a day). I also get periodic shots of antiinflammatory medications directly into my knees.

Those let me get out of bed and walk. Without them… I just don’t.

Between my normal blood chemistry, the damage the cancer did, and the side effects of medications, I’ve got polycythemia, and I’m a hyperclotter. I’m basically naturally blood doping.

To counter the aftereffects of the cancer and make the other meds work better (adrenal and pituitary support), I’m on enough stimulant medication (which is also a bronchodilator) to make the DEA look funny at my doctor… until he explains all of the above.

In fact, the DEA looks funny at several of the drugs I’m taking above. My doctors have had to explain to my pharmacists, and both have had to explain to the DEA… no, I’m not a drug dealer or abuser, I’m not a steroid abusing weight lifter… I’m just a guy who needs this stuff to live.

I should be taking actual pain killers too… I’ve got enough musculoskeletal  damage, neurological damage, and inflammation, that my baseline background pain is pretty substantial.

For those familiar with pain management, I live at about a 3-4 most days, with breakthrough to a 7 on good days, and 6 or 7 with breakthrough to 9 or 10 bad days.

That’s with the meds. Without… there are no good days. There’s just days I can get out of bed, and days I can’t.

I simply refuse to take painkillers. They don’t do a damn thing for me unless I take horse tranquilizer doses, and then they knock me out cold… or worse, leave me sami conscious and barely awake, but unable to think, or concentrate, or really actually sleep. Beside, I don’t like the other side effects.

I’ve learned just to live with the pain, and take what pain reduction I can get with my other medications.

And by the way… this is a MASSIVE REDUCTION of the stuff I used to be taking, during the cancer. My primary care physician and my endocrinologist are both alternative and integrative medicine believers who hate drugs, and only prescribe the absolute minimum necessary.

I’m not overmedicated… if I go off of any of them, or all of them, nothing gets better and it all gets worse. We’ve done differential testing, going off one at a time and seeing the impact then going back on, then varying dosages… I’m definitely not overmedicated.

If anything, there are some other medications that might help me more. We’re very slowly adding things in one at a time, so we can test and measure and adjust.

This isn’t overmedication…

This is what happens, when your endocrine system completely loses the ability to regulate itself. It’s trying to regulate through medication, what the body normally regulates naturally.

It’s what I need to live, and be functional.

The worst thing is though… because of DEA actions, regulations, guidelines, and investigations… Several of my medications, that I need to live, and be productive, and actually be ME?

They’re constantly short of them, or out of them entirely. Sometimes it’s every pharmacy within 30 miles.

They don’t stock them, they don’t stock the dosages I need, or they don’t stock enough to fill my scrips for a month.

I have to get hand written, signed scrips every month, I can’t get refills, and I can’t get more than a 30 days supply at once. If I’m caught with more than a 30 days supply, I can be charged with unlawful possession, and possession with intent to distribute.

I have to hand carry those scrips to the pharmacies, only for them to tell me that it might be a week, maybe two weeks, before they can fill the scrip; because the DEA production quota for that quarter had been exceeded, or the distributors orders were above the DEAs suspect threshold, or because they had sold out of all they could order for that month without the DEA investigating them, or because one scrip of mine was more than the DEA told that pharmacy they could keep in storage.

We won’t even get into what the drugs themselves cost, or what they would cost without the regulatory and compliance burden to deal with these issues.

…And god help me if I actually took the painkillers I should be taking.

All this… because the medications that I need to live and function… are sometimes abused by other people to “enhance their performance”.

… and somehow, some people still seem to think that the “drug war” is helping?

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

“Bad” or “Wrong” or “I don’t like it” is not equivalent to “Unconstitutional”

In a comment on someone elses post, another reader wrote “The DEA is an unconstitutional and illegal agency”.

This bugs me… We frequently see these sorts of statements made about the DEA, the ATF, the federal reserve (where ok, there’s at least a rational and reasonable though flawed argument to be made… most of the people shouting stuff like that above aren’t making those arguments, but still)… Basically any federal agency that they don’t like, or which enforces laws, or uses delegated powers which they personally don’t like.

No, the mere existence of the DEA is not unconstitutional or illegal. It is perfectly constitutional in that it is an executive agency chartered to enforce the laws promulgated by the legislative branch.

The fact that the federal government has no constitutional authority to outright ban or criminalize such substances as the DEA is chartered to regulate, or to ban or criminalize their manufacture, use, or possession (and only limited power to regulate their sale. No, sorry, regulating interstate commerce and making such laws as necessary for the general welfare does not grant them such broad and deterministic powers… and Wickard v. Filburn is bad law and needs to be overturned), does not mean that all laws relating to such substances are illegal or unconstitutional. There are legitimate regulatory powers that such an agency may lawfully and constitutionally exercise.

AS CURRENTLY EXTANT AND IN THEIR CURRENT ROLES AND ACTIONS… The DEA often engages in unconstitutional behaviors, and acts to enforce unconstitutional laws. That much is certainly true. But they are not inherently unconstitutional, or illegal.

Those are actually really important distinctions. Not just semantics or distinctions without difference.

This is so, because you go about addressing the issues, and solving the problems, differently. Things which are blatantly and directly illegal or unconstitutional are best addressed in one way. Things which are peripherally so, are best addressed in a very different way.

You have to shoot at the proper target, with the proper ammunition.

Also, it’s really important to remember, that “bad and stupid” or “harmful” or “undesirable”, or “pointless”; does not necessarily mean “unconstitutional”. Nor does “constitutional” mean “good”, or “useful” or “effective”.

That’s not even a matter of judges discretion or interpretation… The constitution actually provides far less protection of rights, and limitation of powers, than people believe it, expect it, and wish it to (at least explicitly… the 9th and 10th amendments… there’s much bigger and messier issue).

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

A Simple Question About Motive

The Feds just arrested the owner of Silk Road, a black market web drug marketplace, and seized the domain name.

Now, there are obviously a lot of reasons why they’d want to catch this guy. But I was struck by the headline at the above linked article:

Feds arrest the alleged founder of Bitcoin’s largest drug market

It makes you wonder…

Is this about drugs, or is this about fighting Bitcoin?

Reason’s Mike Riggs Interviews Radley Balko on Police Militarization

It’s been nearly a month since Radley Balko’s latest book Rise of the Warrior Cop: The Militarization of America’s Police Forces was released. Now Balko is making the rounds with the various media outlets about this subject which normally receives very little attention by the media. As one would expect, Balko has more than his share of critics particularly from the cops-can-do-no-wrong crowd but there has also been a quite positive response by at least some members of law enforcement (particularly former cops who began their careers prior to the SWAT era).

In the video below, Reason’s Mike Riggs interviews the author.

(Note: Link above is taken from Reason‘s site, so if you click through and buy it from Amazon via that link, a portion of the proceeds go to Reason Magazine.)

Quote of the Day: Unequal Treaty Edition

For those of you who have not seen this yet, there is a really important debate about libertarian/conservative “fusionism” at Cato Unbound. Among the essays responding to the lead essay authored by Jacqueline Otto is Jeremy Kolassa’s essay entitled: An Unequal Treaty.

Here is one excerpt from his essay explaining why fusionism has failed to deliver more liberty:

In her opening essay, Jacqueline Otto makes several points about where libertarians and conservatives converge. But notice the elephant in the room: social issues. At no point in her essay does she write about gay marriage, drug legalization, civil liberties, feminism, or even foreign policy or immigration […]

[…]

For libertarians, this is a question of the individual’s right to rule his or her own life. That is, after all, what liberty is about. For a conservative, society to a great extent rules a person’s life. It is not always a question what the individual wants, but of what is right for the community. The community, in turn, is built on centuries-old traditions. Allowing gay marriage would break these traditions, which is why most conservatives are denouncing it as rampant immorality. Viewed in this light, conservatives are really just the other side of the progressive coin. Both put the community in charge.

As long as conservatives wish to use the machinery of the state to enforce their moral code, fusionism will be doomed and the so-called progressives will continue to prevail. Alliances with conservatives need to be formed but we libertarians can no longer accept this unequal treaty, as Kolassa describes it (and quite accurately, I might add).

Hey Ann, the War on (Some) Drugs is a Welfare Program

According to Ann Coulter, libertarians are “pussies” for wanting to end the war on (some) drugs and for agreeing with the Left on certain social issues such as gay marriage. Coulter was a guest on Stossel at the Students for Liberty Conference.

Coulter elaborated:

We’re living in a country that is 70-percent socailist, the government takes 60 percent of your money. They are taking care of your health care, of your pensions. They’re telling you who you can hire, what the regulations will be. And you want to suck up to your little liberal friends and say, ‘Oh, but we want to legalize pot.’ You know, if you were a little more manly you would tell the liberals what your position on employment discrimination is. How about that? But it’s always ‘We want to legalize pot.’

[..]

Liberals want to destroy the family so that you will have one loyalty and that is to the government.

Clearly, Ann Coulter hasn’t spent much time hanging around libertarians, going to libertarian events, or reading anything libertarians write. The war on (some) drugs is but one issue. The welfare and warfare state receives at least as much attention by libertarians as the war on (some) drugs. Libertarians have certainly been more vocal about the welfare state than the conservatives of her ilk. I suppose when we agree with her on these issues, progressives should say we are ‘sucking up’ to our conservative friends. It couldn’t be that we have our own principles (such as the non-aggression principle which neither the Left nor the Right practices) and our own reasons for having them.

And speaking of destroying families, what does she think the war on (some) drugs does to families? What about the “magnificent war” in Iraq (her words), war in Afghanistan, or war in general? I wouldn’t suppose war plays any role at all in destroying families. There are the multiple long deployments, soldiers coming home physically and/or mentally disabled, or worse, come home in a box. For all the concern about the destroying of families, one would think that Ann Coulter would want to be a little more careful about when troops are called to risk life and limb (maybe she should consider the Just War Theory ). I would further argue that the military adventurisim our military is engaging in is its own kind of welfare. Most of what our military does is defend other countries rather than ours.

When respoding to a question from a young woman in the audience asking Coulter why it’s any of her business what someone else puts in his or her body Coulter responded:

It is my business when we are living in a welfare state. You get rid of the welfare state then we’ll talk about drug legalization but right now I have to pay for, it turns out down the pike, your healthcare. I have to pay your unemployment when you can’t hold a job. I have to pay for your food, for your housing…

Coulter went on to say that if not for the welfare state, she would be okay with legalizing drugs.

What does she think incarceration does? When someone is incarcerated, s/he is quite literally being housed, fed, and provided healthcare at the taxpayers’ expense. In California, it costs taxpayers $75,000 per year for each inmate. As terrible as the welfare state is (and yes, it is terrible), I cannot imagine that ending the war on (some) drugs would be any worse for taxpayers as what drug prohibition has done. The drug war costs state and federal government over $30 million per day.

If Ms. Coulter wants to talk about people not being able to hold a job she should consider what wonders a criminal record does for a person’s job prospects. All too often, the only kind of job an ex-con can get is selling illicit drugs which s/he will eventually get arrested and be incarcerated once again. For some repeat drug offenders, the thought of going back to jail or prison isn’t much of a deterrant. It’s ‘3 hots and a cot’ plus security and structure (believe it or not, there are some people who don’t know how to live outside of prison).

Far from being pussies, Ann Coulter, we libertarians have the balls to be consistent in our criticism of the welfare state. Yes, Ann, we should join hands in opposing Obamacare, the out of control welfare state, and reckless spending. Rather than providing drug users food, housing, and healthcare via incarceration, why not join with us and say that everyone should be responsible for their own lives?

With freedom comes responsibility. Is that manly enough for you?

“Common Sense” Legislation to Curb Gun Violence?

Like most people who value individual liberty, I listened to President Obama’s speech about reducing gun violence with a great deal of trepidation. He presented several ideas such as limiting the size of magazines to 10 rounds, banning “military-style assault weapons” (i.e. any gun that looks scary to progressives who know almost nothing about firearms), and “universal” background checks for anyone trying to buy a gun just to name a few “common sense” reforms. In so many words he basically said that anyone who doesn’t favor these proposals is getting in the way of preventing future gun violence (Why even St. Ronald Reagan was even in favor of some of these proposals!)

One point of particular irritation for me is this notion being promoted by the Left that AK-47’s and other “weapons of war” should not be made available to “civilians.” President Obama rightly pointed out that these weapons with these magazines “ha[ve] one purpose: to pump out as many bullets as possible, to do as much damage using bullets often designed to inflict maximum damage.”

Well if we civilians do not “need” these weapons, why should the police have them? Someone correct me if I’m wrong, but aren’t the local police also considered “civilian”? (i.e. civilian law enforcement). Why do the police “need” these awful “weapons of war” which “inflict maximum damage” to serve a warrant for a late night drug bust?* If everyone else should be limited to certain weapons with magazines containing 10 rounds or less, they too should be limited to what weapons are permissible (or at the very least, what situations these weapons should be used). To suggest otherwise would be to suggest that the police are “at war” with the “civilians” since war is all these weapons are good for.

As some who are critical of the president’s approach have correctly pointed out, these reforms would not have prevented the killing at Sandy Hook Elementary. Obama and his allies like to say “if these proposals save only one life…” but they fail to recognize that these reforms might save one life in one situation but might cost a life in another situation (such as a home invasion; the homeowner runs out of rounds due to smaller magazine capacity etc.). Most, if not all of these reforms are meaningless measures to prevent guns from falling into “the wrong hands” (at best) so that the president can say he’s “doing something” to prevent mass shootings.

Some of these proposals do seem reasonable based only on the broad outlines (as always, the devil is in the details). I don’t have a problem with person-to-person background checks** in the abstract. Why shouldn’t an individual be subjected to the same background check as when buying from a gun dealer when s/he is buying from someone who posted his firearm on Craig’s List? I would think that the seller would want to have the peace of mind and/or limit any exposure to liability for any misuse of the firearm.

There are many proposals that are being floated that need to be thought through rather than rushed through to score cheap political points. These proposals go well beyond the 2nd Amendment into areas such as free speech (i.e. censorship), doctor/client privilege (privacy), state’s rights, and more. I do think that we supporters of the right to bear arms need to try to offer up some “common sense” solutions of our own to reduce illegitimate force that either enhance liberty or at the very least, do not tread on the liberties of others.***

» Read more

DEA Uses Truck Under False Pretenses; Refuses to Pay Truck Owner $133,532 in Repairs Resulting from Botched Sting Operation

In the era of Fast and Furious, nothing should come as much of a surprise with how incompetent and reckless federal agencies can be but here, the DEA reaches a new low.

The Houston Chronicle reports:

The phone rang before sunrise. It woke Craig Patty, owner of a tiny North Texas trucking company, to vexing news about Truck 793 – a big red semi supposedly getting repairs in Houston.

“Your driver was shot in your truck,” said the caller, a business colleague. “Your truck was loaded with marijuana. He was shot eight times while sitting in the cab. Do you know anything about your driver hauling marijuana?”

“What did you say?” Patty recalled asking. “Could you please repeat that?”

The truck, it turned out, had been everywhere but in the repair shop.

Commandeered by one of his drivers, who was secretly working with federal agents, the truck had been hauling marijuana from the border as part of an undercover operation. And without Patty’s knowledge, the Drug Enforcement Administration was paying his driver, Lawrence Chapa, to use the truck to bust traffickers.

Chapa, who was working on behalf of the DEA paid with his life. It’s bad enough that someone was killed in one of Patty’s trucks but the story doesn’t end there.

The article continues:

But eight months later, Patty still can’t get recompense from the U.S. government’s decision to use his truck and employee without his permission. His company, which hauls sand as part of hydraulic fracturing operations for oil and gas companies, was pushed to the brink of failure after the attack because the truck was knocked out of commission, he said.

Patty had only one other truck in operation.

In documents shared with the Houston Chronicle, he is demanding that the DEA pay $133,532 in repairs and lost wages over the bullet-sprayed truck, and $1.3 million more for the damage to himself and his family, who fear retaliation by a drug cartel over the bungled narcotics sting.

[…]

Copies of letters and emails from Patty’s insurance company state that it won’t pay for repairs because the truck was part of a law-enforcement operation. Patty drew from his 401K retirement fund to repair the truck, which was out of operation for 100 days.

“I was not part of this,” he said. “I had absolutely no knowledge of any of it until after it happened.”

[…]

Houston lawyer Mark Bennett, who is advising Patty, said if Patty’s initial claim is not resolved, the next step would be to sue.

I sincerely hope the DEA is taken to the cleaners on this one. Beyond the financial hardship the DEA has caused to Patty, he now fears for his family’s safety.

Perhaps most unnerving, Patty says, is that drug mobsters now likely know his name, and certainly know his truck.

Panic at the Patty home these days can be triggered by something as simple as a deer scampering through the wooded yard or a car pulling into the driveway. One morning as his wife made breakfast, one of his young sons suddenly bolted across the house yelling, “Get the guns!”

This is no way to live. And for what? To keep a little marijuana from reaching people who will just as easily find another supplier?

The war on (some) drugs is no joke. There are real casualties in this idiotic and unrealistic goal of a “drug-free America.” Chapa and Patty are only among the war on (some) drugs latest victims.

Hat Tip: The Agitator

Do We Really Want the President to Enforce ALL Federal Laws?

The Rule of Law, theoretically at least, is superior to the arbitrary Rule of Men. For most of human history, the law has been subject to the whim of a head of state be s/he a monarch, czar, dictator, emperor, etc. James Madison and the framers of the U.S. Constitution wisely determined that the document would be the “supreme law of the land” and everyone from the President to the peasant would be subject to the same law.

But what happens to the Rule of Law when the laws become too vague, too numerous, too unpredictable, and too unjust? According to a 2008 Louisiana State University study (referenced in this article), there were over 4,500 federal crimes on the books. This does not include the thousands more regulations that also carry criminal penalties.

So my question to conservatives and some libertarians who have been critical of President Obama’s executive order to allow individuals who were brought illegally across the border as children under the age of 16 to have temporary work permits is as follows: Do you believe that the president should enforce each and every one of the over 27,000 pages of federal code and prosecute everyone who can be accused of any of the 4,500 + crimes? Should the president send uniformed men with guns to raid the Gibson Guitar Corp, dairy farms who sell raw milk to the public, and medical marijuana dispensaries which operate pursuant to state law? If the argument is that the president is shirking his responsibility by picking and choosing the laws he will “faithfully execute,” the answer necessarily must be “yes.”

Obviously, the federal government even as large as it is could not possibly enforce every single federal law. Assuming for a moment the federal government could enforce every single federal law and regulation, as people who claim to value personal liberty above all else, is this something that would in any way be compatible with liberty?

I think not.

When the federal code is so full of laws and regulations, it’s the same as having no Rule of Law at all. The president necessarily must decide which laws to enforce and which to ignore or at the very least prioritize how he will execute the law. As immigration laws go, it seems to me that deporting individuals who were educated here, not criminals, and pay taxes should be a much lower priority to be deported or jailed than someone who as an adult illegally immigrated, stole someone’s identity, and committed a host of other crimes.

Beyond the sheer volume of laws and regulations, I do think there are instances when the president should NOT enforce the law if he, in good faith, believes the law violates the constitution and/or is unjust. Who among us today would argue that when the Fugitive Slave Act of 1850 was in force that a president who refused to enforce such a law was acting like a king because he was usurping the “will of the people”? I would also point out that when the Fugitive Slave Act was the law of the land, it wasn’t at all unconstitutional even though most sane Americans today, regardless of political affiliation and/or philosophy would say the law was immoral. If the constitution itself violates Natural Law (i.e. does not recognize the rights of life, liberty, and property for all human beings), then it too should be nullified in those instances.

Nullification presents problems of its own, however. I recognize that nullification of laws passed by congress presents a possible constitutional crisis. We certainly do not want an all-powerful executive branch that can ignore the congress and the courts, so what is the solution?

The solution, however politically difficult it would be, would be to repeal the vast majority of the federal criminal code and much of the remaining 27,000 pages of statutes. The most sensible place to begin would be with the federal criminal code. Most criminal law should be dealt with at the state level anyway. I haven’t checked recently but I’m pretty sure that rape, murder, burglary, assault/battery, and fraud are crimes in all 50 states and in all U.S. territories.

Additionally, even those who believe the war on (some) drugs is good public policy, most states would most likely (unfortunately) continue locking up non-violent drug offenders without Washington’s help. The country we love would not descend into chaos if criminal law was dealt with almost entirely by the states. If we cannot trust the states to handle protecting individuals inside their borders, what is the point of even having states?

If the federal criminal code only dealt with crimes such as counterfeiting, treason, enacting legitimate interstate commerce regulations (to keep the trade among the several states “regular,” not what the interstate commerce clause has become thanks to SCOTUS), and yes, immigration policy, the president could and should conceivably enforce all the federal laws that are neither unconstitutional nor immoral. The president would no longer have the discretion to enforce the laws he favors and not enforce the ones he does not.

Rasmussen Poll: 61% of 500 Likely Voters in Colorado Support Regulating Marijuana Like Alcohol (Amendment 64)

This is one of the most encouraging polls I’ve seen in a long time. Honestly, I didn’t think that Amendment 64 [full text here] would have much chance of being approved by the voters, especially since a similar measure, Prop 19 failed in California in 2010. The Huffington Post reports:

The survey of 500 of likely voters in Colorado conducted on June 6, 2012 shows sixty-one percent are in favor legalizing marijuana if it is regulated the way that alcohol and cigarettes are currently regulated.

[…]

That is the highest percentage of Colorado voter support that any marijuana legalization poll has shown to date. In December of 2011, a similar poll from Public Policy Polling showed only 49 percent in favor of general legalization of marijuana.

I also found this to be interesting (continuing the same article):

Amendment 64 also recently received support from both Republicans and Democrats — in March, 56 percent of the delegates at the Denver County Republican Assembly voted to support the legislation, and in April, the Colorado Democratic Party officially endorsed Amendment 64 and added a marijuana legalization plank to the current party platform.

Bipartisan support for legalizing marijuana and regulating it like alcohol in Colorado? This is quite encouraging and fascinating (in California, you may recall, there was bipartisan opposition from the blue and red teams).

This isn’t to say there that Amendment 64 will sail through unopposed. There are anti-64 groups mobilizing so those of us who want to see 64 pass cannot be complacent. Also, with about five and a half months until election day, anything can happen.

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?

Quote of the Day: Penn’s Sunday School Lecture on Obama’s Drug War (Beyond) Hypocrisy Edition

What troubles me about this… I think it’s beyond hypocrisy. I think it’s something to do with class. A lot of people have accused Obama of class warfare, but in the wrong direction. I believe this is Obama chortling with Jimmy Fallon about lower class people. Do we believe, even for a second, that if Obama had been busted for marijuana — under the laws that he condones — would his life have been better? If Obama had been caught with the marijuana that he says he uses, and ‘maybe a little blow’… if he had been busted under his laws, he would have done hard fucking time. And if he had done time in prison, time in federal prison, time for his ‘weed’ and ‘a little blow,’ he would not be President of the United States of America. He would not have gone to his fancy-ass college, he would not have sold books that sold millions and millions of copies and made millions and millions of dollars, he would not have a beautiful, smart wife, he would not have a great job. He would have been in fucking prison, and it’s not a god damn joke. People who smoke marijuana must be set free. It is insane to lock people up.

Watch the segment from “Penn’s Sunday School” non-truncated rant here.


Related Posts:
Song and Open Letter to a President Who is “No Stranger to the Bong”
A Youthful Indiscretion
Reforming America’s Prison System: The Time Has Come

Quote of the Day: In Response to Van Jones’ Remarks About “so-called libertarians”

Over at Reason, Mike Riggs responded to President Obama’s former Green Jobs czar Van Jones’ tirade about “so-called libertarians” at an Occupy rally in L.A. In case you missed it, Van Jones said that libertarians “say they love America but they hate the people, the brown folk, the gays, the lesbians, the people with piercings.” Clearly, he has never been to a Libertarian Party convention; I have. These people are more welcome in the LP than either of the big two political parties, I assure you.

Riggs responds:

I’m going to have to mic check you there, Mr. Jones. You’re not talking about so-called libertarians, but your former boss and current president. See, it’s Barack Obama who supports “traditional marriage”; Barack Obama who supports a drug war that sends an alarming number of black men to prison and destroys their employment prospects; Barack Obama who supports a foreign policy that kills children; Barack Obama who supports regulatory barriers that require the poorest of the poor to borrow their way into the workforce; Barack Obama who supports an immigration strategy that rips apart families and sees the children of undocumented workers put up for adoption.

Whether Obama’s support for those policies means he hates gays or brown folk is not for me to say. As the scriptures tell us, “For who has known the mind of the Lord that he may instruct him?”

Libertarians, on the other hand, love brown folk, the gays, the lesbians, the people with piercings, and immigrants. Many of us, after all, fit rather neatly into those categories, and we show our affection for ourselves and our neighbors by supporting the right of all peoples to live free of state-sponsored violence, discrimination, undue imprisonment, and theft; as well as the entirely predictable consequences of both left-wing and right-wing social engineering.

In fairness to Van Jones, there are a fair number of social conservatives,* NeoCons, and yes, certain unwelcome elements who do advocate these things who try to call themselves libertarians, but damn man. Would it be too much trouble for Jones to go on the series of tubes that is the interweb and do a search on the Libertarian Party Platform before shooting off his mouth about “so-called libertarians”? If so, he would find that true libertarians are the polar opposite of what he described.

» Read more

Signs of Intelligent Life in the Colorado Senate

Several members of the Colorado Senate introduced a bill yesterday that would reduce drug possession from a felony to a misdemeanor, favoring drug treatment programs over incarceration in state prisons.

Lynn Bartels reporting for The Denver Post writes:

Senate Bill 2012-163 deals with drug offenders who primarily are users and addicts rather than dealers, and enhances their access to treatment.

“We have so many people throughout this country who are the casualties of a failed war on drugs,” said Rep. Claire Levy, D-Boulder. “And in one sense, when you get a felony, not only do you get a criminal penalty, but what you have is a sentence to life without employment.”
During a news conference at the Capitol, Levy presented the bill with Sens. Shawn Mitchell, R-Broomfield, and Pat Steadman, D-Denver, and Rep. Don Beezley, R-Broomfield.

[…]

“Let’s be clear. This is not legalization. This is not decriminalization,” Mitchell said. “This is simply a smarter approach to fighting the evils of drug abuse in our society.”

While this bill doesn’t go as far as I would like, this is certainly a step in the right direction. I’m not a big fan of forced drug treatment programs but it’s a far better alternative than a felony conviction that never goes away. In addition to this proposed legislation, Coloradans will have an opportunity to legalize marijuana (with the same regulations as alcohol) in November. If both of these become Colorado law, this would be a pretty significant blow to the war on (some) drugs and the prison industrial complex IMO.

Will either of these reforms pass? It’s hard for me to say but I’m a little skeptical. Still, the fact that these sorts of reforms are being proposed outside of libertarian debate societies by people who can actually change the criminal code is quite exciting and quite encouraging.

Rick Santorum is Not as Pro-Family as He Would Have Us Believe

If someone were to pose the question: “Among the candidates running for president, who would you say describes himself as the most ‘pro-family’?”

I suspect that most people would say Rick Santorum and for good reason. To Santorum, the decline of the traditional, nuclear family is the root cause for every problem facing America right now. Even (perhaps especially) individual rights take a back seat to his family values.

While I obviously disagree with this view, I don’t think there is any question that children have a better chance of becoming productive, successful adults when they grow up in a healthy and loving family environment than those who do not. Whether such an environment requires both a father and mother is subject to debate (and maybe a topic for another time).

With the premise that Rick Santorum is the great defender of the family in mind, a member of Students for Sensible Drug Policy (SSDP) asked the former senator a very good question as he was wading through the crowd shaking hands:

“As a champion of family values and keeping America strong, would you continue to destroy families by sending nonviolent drug offenders to prison?”

To which Santorum responds:

“Uh…wow…the federal government doesn’t do that.”

Jacob Sullum’s response is right on:

“That will come as a surprise to the nearly 100,000 drug offenders in federal prison, who account for almost half of all inmates. (Another 400,000 or so are in state prisons and local jails.) Does Santorum think only violent drug offenders go to federal prison? There is no such requirement.”

Perhaps Santorum should take a moment to visit someone from Families Against Mandatory Minimums (FAMM) and find out if tougher federal drug laws are destroying families.

This is a perfect opening for the Ron Paul campaign to point this out to his rival who is obviously clueless on this issue. Between Rick Santorum’s continued support for the war on (some) drugs and his eagerness to start up a war* with Iran we cannot afford, I think it’s time to question his pro-family bona fides.

Related: Reforming America’s Prison System: The Time Has Come

» Read more

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.

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