Category Archives: Constitution

Know Your Rights

Before going out this New Year’s Eve, check out this infographic. The cops will be out; be sure you know your rights.

(Click to enlarge)

Know Your Rights
Source: Online-Paralegal-Programs.com

Happy New Year!

Gun Control and Electoral Math – The Scoreboard

Two years ago, I wrote a piece about electoral math and gun control, and how it was unlikely that we would have any serious national level gun control… and we have not (state level is another story unfortunately).

In that, I included a list of democratic senators who were up for re-election this year, their position on gun control, and how “at risk” their seat was:

Stupidity, Politics, and Electoral Math

So, now that we have the results of all of their elections, let’s see what the last two years hath wrought among them:

XX = Unelected (or resigned and replaced by Republican)

  1. XX – Alaska – Mark Begich – Very Pro Gun – very unsafe seat
  2. XX – Arkansas – Mark Pryor – neutral – very unsafe seat
  3. XX – Colorado – Mark Udall – neutral – not a safe seat
  4. Delaware – Chris Coons – Very anti-gun – safe seat
  5. Hawaii – UNKNOWN (special election to replace Daniel Inouye) – safe seat
  6. Illinois – Dick Durbin – Very anti-gun – safe seat
  7. XX – Iowa – Tom Harkin – Very anti-gun – iffy, can’t afford to screw up
  8. XX – Louisiana – Mary Landrieu – neutral – very unsafe seat
  9. Massachusetts – UNKNOWN (special election to replace John Kerry) – safe seat
  10. Michigan – Carl Levin – very anti-gun – safe seat
  11. Minnesota – Al Franken – very anti-gun – not a safe seat
  12. XX – Montana – Max Baucus – very pro-gun – iffy, can’t afford to screw up
  13. New Hampshire – Jeanne Shaheen – very anti-gun – not a safe seat
  14. New Jersey – Frank Lautenberg – very anti-gun – safe seat
  15. New Mexico – Tom Udall – slightly anti-gun – safe seat
  16. XX – North Carolina – Kay Hagan – very anti-gun – not a safe seat
  17. Oregon – Jeff Merkley – very anti-gun – safe seat
  18. Rhode Island – Jack Reed – very anti-gun – safe seat
  19. XX – South Dakota – Tim Johnson – very pro-gun – very unsafe seat
  20. Virginia – Mark Warner – very pro-gun – not a safe seat
  21. XX – West Virginia – Jay Rockefeller – moderately anti-gun – very unsafe seat

Lotta XX’s there… 9 actually, out of 21 (10 of those 21 were considered safe seats, barely challenged by Republicans). Pretty much every anti-gun democrat that wasn’t in a safe seat, except Shaheen and Franken (and they’re kinda weird cases).

And THAT folks, is why we will not have any significant gun control on the national level any time soon.

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

American Kim Jong Un’s Try to Silence Speech Every Day

joke braIt should come as no surprise that a petty little foreign dictator is trying to silence speech he finds offensive using threats of violence. Here in the United States, we have our own homegrown petty dictators doing their best to suppress speech they dislike every day. Like Kim, their refusal or inability to simply state their disagreement persuasively reveals them as the petulant, tyrannical little egomaniacs they are.

Preliminarily, let us dispose of the erroneous notion that there are any Constitutional implications to this issue, a confusion resulting from the sloppy substitution of the term “free speech” for the actual text of the First Amendment. Sony Picture’s difficulties do not stem from any legislative action of a U.S. government body. Sony’s rights under U.S. law to make and distribute The Interview are not in question. Sony’s difficulties arise from actions taken by hackers, perhaps connected to Pyongyang.

The First Amendment acts as a restriction on legislative action by U.S. government bodies. It does not restrict the private actions of businesses, churches, employers, property owners, criminal hackers, or petulant foreign tyrants. Hacking emails and making threats are crimes. Sony and the theater chains have the right to be protected from criminal acts. Those rights do not stem from the First Amendment.

But just because private action to suppress speech is permitted, that does not make it desirable. Nevertheless, homegrown tyrants in the U.S. increasingly resort to silencing, rather than simply persuasively voicing their disagreement with speech they find offensive.

Consider the recent case of Omar Mahmood.

Mahmood is a student at the University of Michigan. There he penned a column for the university’s conservative alternative newspaper, The Michigan Review. The essay was intended as satire mocking political correctness, victim identity politics, and “trigger warnings.”

It was called “Do the Left Thing” and accompanied by an all-caps “TRIGGER WARNING!” In the piece, Mahmood talks about “microaggressions” against left “handydnyss,” including one incident where he slipped in white-privilege snow, put out his left hand to catch himself, and was offered assistance by a white, cis-gendered m@n. In that moment, Mahmood begins to think “intersectionally” about what it is to be a left-handyd individu@l. He spurns the right-hand of assistance and the other man calls out, “I was just trying to do the right thing!” Mahmood has an epiphany about the right-handed privilege behind the words “right thing” and how the word sinister originally meant left-handed. He closes by urging people to do the “left thing” (which might be a double entendre of sorts). Read the whole thing here.

The column, as noted, ran in the conservative Michigan Review. But Mahmood was also a writer at another campus paper called The Michigan Daily. A writer at The Daily claimed to feel “threatened” by the piece. Mahmood was asked to apologize. He refused.

Shortly thereafter, he was fired based on a provision in The Daily’s bylaws that prevents students who work at The Review from also writing for The Daily unless they obtain prior permission from The Daily’s editor-in-chief. Of course, some people have speculated that Mahmood was not really fired for violating the bylaws, but rather for writing a column deemed offensive. Either way, there are no First Amendment implications. The Daily can fire writers for any reason or none at all.

But why does it want to? Why this need to punish people rather than respond to ideas? Whither this seemingly growing compulsion, not just to disagree, but to suppress and silence all speech deemed offensive?

The breadth of the problem is highlighted by what happened to Mahmood next. His off-campus apartment was vandalized with eggs, hot dogs and pictures of Satan. The aggressors printed copies of “Do the Left Thing” and left them at his door with hateful messages scrawled across: “Everyone hates you, you violent fuck;” “Shut the fuck up;” and “Do you even go here? Leave.”

image OmarDoor

Mahmood now says he wonders if he would do it all over again.

“There are times when I say to myself, ‘Hell yes, I should have written that!'” he said. “And there are times when it’s like, never in my dreams would I write it again, given the reaction I have had to deal with.”

I’ve got a whole list of triggers (though I require no warnings): group think, identity politics, collectivism, racism, statism, theocracy, the claim that women in the United States of America are persecuted, the claim that Christians in the United States of America are persecuted, Keynesian economics and Anita Sarkeesian, to name but a few.

But I never, ever feel compelled to silence the people with whom I disagree. At most, I would be satisfied with keeping their speech out of my home and my business and off my private property. I have no compulsion to make it cease existing. I am happy to simply state my disagreement, and to prove them wrong with words, logic and evidence.

Silencing is the tactic of people who are insecure in their own arguments—or incapable of making them at all. They merit no more respect for their terrorist tactics that Kim Jong Un does for his.

Sarah Baker is a libertarian, attorney and writer. She lives in Montana with her daughter and a house full of pets.

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

Repost: It’s not about Elites or Idiots

Reposting something I wrote back in 2011, because it’s come up again recently in social media… and because it remains true and relevant today.

Over the past few years, there has been a constant drumbeat from “progressives” (and even some non-lefties) that conservative anti-elitism is effectively “anti-science”, “anti-education”, “pro-stupidity” etc…

This is partially in response to the fact that many conservatives use the terms “elitist” or “the elite” (in the political and social context, not in the context of achievement… though that distinction is lost on leftists) as a pejorative.

Their basic comment comes down to “Well, if you don’t want intelligent, well educated people running things who would you rather run them, idiots?”

Thus, completely missing the point.

Conservatives and libertarians aren’t against smart well educated people; in fact many of us ARE smart, well educated people.

…We’re against people who want to run things.

This idea is so utterly foreign to the leftist mind, that they literally cannot conceive it, or believe it.

You see, to a conservative or libertarian, it’s inherently obvious… axiomatic even:

The world runs better, when everyone runs their own lives, and their own business, with as little interference as possible; save that which is absolutely necessary for the common good, or to prevent harm to others.

No government official or lawmaker can know more about your life, or your business, than you do; therefore, they cannot run your life or you business as well as you can.

No matter how smart, or well educated they may be, and no matter how many of them there are, they will always be working with less information then you have. Their information will always be less current. They will always have less experience in dealing with the conditions unique to your life and your business.

Since no-one can run your life as well as you can, no-one should.


Note: Economists call the idea that if you’re just “smart enough” “well educated enough” etc… you can make everything run right, the “perfect information fallacy”. If you could have perfect information (that is all information about all conditions and factors that could possibly effect the outcome of a decision) and perfect reason (that is, the ability to analyze all factors correctly at all times), then you could make perfect decisions. However, it is impossible to have perfect information in a complex system (never mind perfect reason) thus all decisions will necessarily be imperfect. This is the primary reason why communism or socialism… or in fact any kind of “managed economy” could never possibly work on a large scale; even if every person participating in that economy were a perfect communist, acting only for the benefit of the collective.

To a leftist, that is simply ridiculous… Impossible even. Someone has to be running things. It simply cannot be any other way.

You have to understand, leftists fundamentally and fully believe, that nothing (or at least nothing good) can possibly happen, without “someone running things”. No matter how “free” or “unregulated” something may appear to be, in reality, there is always someone behind it, really in control, and making sure it goes the way they want it to; favoring some parties and punishing others, exploiting some for the benefit of others.

Note: Conversely, this also means that whenever anything happens, it’s because of the person in charge. Everything good that happens is to their credit, and everything bad that happens is their fault.

It’s called the “daddy” philosophy of government (or more formally, paternalism, or paternalistic government).

As with all leftist ideas, the basic principle of the daddy government is based on what children learn during kindergarten. All money, power, control, and guidance comes from “the people in charge”, like your daddy, or your teachers.

Daddy has authority, and money. From that money, he gives you your food, housing, education, medical care etc… With that authority, he sets rules, rewards you with things when you do well at what he says you should do well at; and punishes you for doing badly, for doing things he doesn’t want you to do, or for not doing the things he thinks you should do.

When you need something, daddy makes sure you get it. When you want something, you ask daddy, and if he thinks you should have it, he gives it to you.

Daddy enforces “fairness”. Daddy makes sure you share, and play well with others. Daddy protects you from the bad people hurting you, or taking advantage of you. When things are bad, daddy will make them all better.

I should note, some people prefer to call this the “mommy” philosophy of government… which may be closer to appropriate, given most leftists have no idea what a father is , or what they are good for anyway.

When you’re five years old, daddy controls the entire world; and there’s nothing daddy can’t do.

Leftists have never really advanced in economic, social, or moral maturity beyond that point. They believe that the world continues to work that way as you grow up; only instead of daddy, or “teacher”, the one in charge is “government”.

In fact, they not only believe it’s the way it should work, they believe it simply IS the way it works, and there can be no other possible way.

Since there is no other possible way, and someone has to be controlling things; it’s absolutely critical that we get the smartest, best educated, most “elite” people to be in charge. If you’re against that, it must be because you want someone in charge who is going to favor you.

Or rather, because they have such a low opinion of the “common man”, they believe that “the people” themselves are idiots, being deceived by the people who secretly want to control everything. The people who want to control everything have convinced the “common man” of the lie of the “free market”, and of “equal opportunity” and “the American dream”. They’re all just lies the secret controllers tell the “common man”, so that the controllers can rig things to favor themselves, and their cronies. Those people are anti-elitist, anti education, pro-stupidity, and want idiots to run things, because they can then secretly control the idiots for their own benefit.

Note the assumption there that anyone who is smart and well educated MUST know that the leftists are right; therefore anyone who disagrees with them is either stupid, or evil.

This isn’t some far out conspiracy theory by the way; this is exactly what leftists think was behind the Bush presidency. Not only do they freely and publicly admit it, they write books and make movies about it.

They completely miss the point.

They don’t understand that conservatives and libertarians have a completely different idea about what government is, and what it should do.

They don’t understand…

We don’t want idiots running things….

We don’t want ANYONE running things.

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

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