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

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

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

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

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 happpens is their fault.

It’s called the “daddy” philosophy of 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, 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.

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

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

[...]

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

“Liberty. It’s a simple idea, but it’s also the linchpin of a complex system of values and practices: justice, prosperity, responsibility, toleration, cooperation, and peace. Many people believe that liberty is the core political value of modern civilization itself, the one that gives substance and form to all the other values of social life. They’re called libertarians.”

-From Cato Institute’s new website libertarianism.org

I haven’t had much time to check it out yet but I can tell there is some very, very, good stuff there. Essays, video, and audio from great thinkers such as Milton Friedman, Ayn Rand, F.A. Hayek, Murray Rothbard (just to name a few) as well as contemporary libertarian thinkers provide something for those who are curious about libertarian ideas and long time libertarians alike.

His spokesman Hogan Gidley emails me in response to Mark Miners comments: “Senator Santorum is certainly an advocate for states’ rights, but he believes as Abraham Lincoln – that states do not have the right to legalize moral wrongs. The Senator has been clear and consistent – and he believes that marriage is and can only be: between one man and one woman.”

Now, it’s easy to see where Santorum is coming from — the Lincoln-Douglas debates. Lincoln at the time was arguing, as so many libertarians argue, that there are some rights which are not to be voted on. Popular sovereignty can be good for making some decisions, but that in the case of slavery, it is used to uphold a moral wrong. Infringements upon rights granted by natural law cannot be justified by majority vote:

Lincoln’s strategy was to isolate Douglas’s doctrine of popular sovereignty from the national mainstream as a form of moral dereliction for its indifference to the corrupting effect of slavery in republican society. Douglas insisted that in his official capacity as a United States senator he did not care whether the people in a territory voted slavery up or down. Lincoln admonished: “Any man can say that who does not see anything wrong in slavery, but no man can logically say it who does see a wrong in it; because no man can logically say he don’t care whether a wrong is voted up or voted down.” Douglas argued that the people of a political community, like any individual, had a right to have slaves if they wanted them. Lincoln reasoned: “So they have if it is not a wrong. But if it is a wrong, he cannot say people have a right to do wrong.”

Lincoln and Douglas were coming from different first principles. In fact, the argument is not at all unlike modern arguments about abortion, a point I’ve made before. The question is not whether abortion should be allowed, the question is whether a fetus is inherently “person” enough to have natural rights. If it is, abortion is murder. If it is not, abortion is no different morally from removing a cancerous growth from one’s uterus. Yet both sides constantly talk past each other without acknowledging that they are working from wildly different first principles.

Abraham Lincoln, contrary to what Santorum suggests, is not suggesting that all men must be forcibly stopped by government from engaging in moral wrongs. He explicitly acknoledges the libertarian right of natural law — you can do what you wish with what is yours. You may self-govern; the nanny state is not there to stop you from acting within your personal domain. From his 1854 speech in Peoria, IL (same source link as above, italics original, bold added by me, and one sentence from the original speech inserted into the below passage for continuity):

The South claimed a right of equality with the North in opening national territory to the expansion of slavery. Rejecting the claim, Lincoln denounced slavery as a “monstrous injustice” and a direct contradiction of “the very principles of civil liberty” in the Declaration of Independence. Lincoln said that the right of republican self-government “lies at the foundation of the sense of justice,” both in political communities and in individuals. It meant that “each man should do precisely as he pleases with all that is exclusively his own.” Declared Lincoln: “The doctrine of self-government is right—absolutely and eternally right—but it has no just application” as attempted in the Nebraska Act. Spelling out the natural-law premises of his argument, Lincoln continued: “Or perhaps I should rather say that whether it has just application depends upon whether a negro is not or is a man. If he is not a man, why in that case, he who is a man may, as a matter of self-government, do just as he pleases with him. But if the negro is a man, is it not to that extent, a total destruction of self-government, to say that he too shall not govern himself? When the white man governs himself that is self-government; but when he governs himself, and also governs another man, that is more than self-government—that is despotism.” Recurring to the nation’s founding principles, Lincoln summarized: “If the negro is a man, why then my ancient faith teaches me that ‘all men are created equal’; and that there can be no more moral right in connection with one man’s making a slave of another.”

Note my bolded portion on self-government. It seems that Abraham Lincoln and Rick Santorum have some agreement that a state cannot legalize a moral wrong — they merely happen to have WILDLY different definitions of what constitutes a moral wrong.

Abraham Lincoln is following the traditions of natural law and natural rights. Each man is his own, and barring his attempts to coerce others to do his bidding, he should have freedom to operate as he sees fit. Slavery is an attempt to coerce others to do his bidding, and therefore it is an abhorrent moral wrong that has no place in a free society.

Rick Santorum is following a different tradition, one that states that man is NOT his own, and should forcibly be stopped from operating in his own domain if his actions violate no ones natural rights, but violate Santorum’s own sensibilities. If two members of the same sex, wholly consensually and within the bounds of their natural rights, want to engage in a right of contract such that they bound themselves together for all the legal purposes we generally associate with marriage, they must be barred from doing so. This consensual and voluntary action must not be permitted!

Abraham Lincoln says that the government must not condone the violation of one man’s natural rights by another, and that democracy is not an adequate justification for doing so. Rick Santorum says that government must be in the job of actively violating those natural rights, even if the people of a territory choose to vote to recognize those rights! Abraham Lincoln says that slavery is wrong because it takes away the right of self-government; Rick Santorum says that we must all be slaves of the state, because he doesn’t like what we choose to do with our freedom.

Abraham Lincoln decries a situation which denies the equality before the law of human beings; Rick Santorum claims the mantle of Abraham Lincoln while cheering laws that deny that equality! In doing so, Rick Santorum misses the irony: he’s replaying the Lincoln-Douglas debates in modern times, but he doesn’t realize that he’s taking Douglas’ side, not Lincoln’s.

I can’t help but think of another piece of legislation that had to be passed “immediately” and “without delay” nearly ten years ago in the aftermath of the terrorist attacks of 9/11. The piece of legislation I am referring to of course was the USA PATRIOT Act. I mean what’s not to like? The bill has the words “USA” and “PATRIOT” in them and would make our country safer because the law would give law enforcement the tools needed to fight terrorism.

One of the tools the PATRIOT Act (Sec 213), a.k.a. “sneak and peek” provided law enforcement the ability to delay notification of search warrants of someone suspected of a “criminal offense.” Between 2006 and 2009, this provision must have been used many hundreds or thousands of times against suspected terrorists, right? Try 15 times. This same provision was used 122 in fraud cases and 1,618 times in drug related cases.

Is this what supporters of the PATRIOT Act had in mind when most of them didn’t even read the bill?

So we’ve been down this road before – pass a bill with a name that no one would be comfortable voting against. To vote against the PATRIOT Act might suggest to voters that you are somehow unpatriotic as voting against Obama’s jobs bill will undoubtedly be used in campaign ads to say opponents are “obstructionists” or are not willing to “put politics aside” in order to “put Americans back to work.” And don’t even get me started on all the bad laws that have been passed using names of dead children.

But who is really playing political games here? I think the answer quite clearly is President Obama in this case. He knows damn well that if the economy is still in the shape it is come Election Day he has very little chance of winning a second term unless he can find some way to successfully pin the blame his political opponents. He knows that raising taxes is a nonstarter for Republicans – particularly Tea Party Republicans. There may be some good things in his bill that should be passed (the Devil is in the details of course) that Republicans can support but if it’s all or nothing, the answer will be nothing.

President Obama is counting on the nothing so he can say it’s the House Republicans’ fault that the economy hasn’t recovered. This class warfare rhetoric plays very well on college campuses and union rallies. The worst thing that could happen from Obama’s perspective is if the Republicans call his bluff, pass the bill, and the bill fails to provide the results he claims his bill will achieve (though as a political calculation, it may be a wash as Tea Party voters in-particular would not be pleased either).

The worst thing the congress could do for this economy would be to pass this bill as hastily as the PATRIOT Act was a decade ago. The best thing congress could do is for its members to actually read the bill and have a rational discussion* and debate it line by line. Whether Obama’s intentions are for good or ill, there will be seen and unforeseen consequences if the bill does pass. A top down approach (as I think this bill is) is rarely if ever a good recipe for an economy. No one is smart enough to plan the economy, not even the brain trust of the Obama administration (this should be obvious by now).

Just because the president says his bill will create jobs doesn’t make it so.

*LOL

Can you believe it?

I’ve added the emphasis below. It’s almost refreshing to hear such a sentiment from a politician — a California politician at that.

To the Members of the California State Senate:

I am returning Senate Bill 105 without my signature.

This measure would impose criminal penalties on a child under the age of 18 and his or her parents if the child skis or snowboards without a helmet.

While I appreciate the value of wearing a ski helmet, I am concerned about the continuing and seemingly inexorable transfer of authority from parents to the state. Not every human problem deserves a law.

I believe parents have the ability and responsibility to make good choices for their children.

Sincerely,
Edmund J. Brown

Hat Tip: FreeRangeKids

JONESBORO, Ark. — Three men convicted of killing three 8-year-old Cub Scouts were freed Friday after nearly two decades in prison and after a judge OK’d a deal with prosecutors.

Damien Echols, Jason Baldwin and Jessie Misskelley agreed to change their pleas from not guilty to guilty in the 1993 killings in West Memphis, Ark.

They did so using a legal maneuver that lets them maintain their innocence while acknowledging prosecutors likely had enough evidence to convict them.

After the closed hearings before a judge, Baldwin told reporters that he had been reluctant to plead guilty to crimes he maintains he didn’t commit, but that he went along so as to help Echols, who was on death row.

“That’s not justice, however you look at it,” he said of the deal.

Echols called the 18 years of prison and appeals “an absolute living hell.”

“It’s not perfect,” he said of the deal. “It’s not perfect by any means. But it at least brings closure to some areas and some aspects. We can still bring up new evidence.”

I confess – I’ve never heard of an Alford plea until today. The article goes on to explain:

Friday’s move was a complicated legal proceeding that protects Arkansas from a potential lawsuit should the men win a new trial, get acquitted, and seek to sue the state for wrongful imprisonment, Prosecutor Ellington said.

The men agreed to what’s known as an Alford plea. Normally, when defendants plead guilty in criminal cases, they admit that they’ve done the crime in question.

But in an Alford plea, defendants are allowed to insist they’re innocent, says Kay Levine, a former prosecutor who now teaches at Emory University in Atlanta. She is not involved with the Arkansas case.

It seems to me that this was a compromise that neither the WM3’s defense team nor the prosecutors could refuse. The defense team and their clients believed they would ultimately prevail with the discovery of DNA evidence that was supposed to be presented in December of this year. On the other hand, the possibility of losing (again) would have put Damien Echols at risk once again of receiving a death sentence. Turning down the opportunity to have their freedom back must have also been nearly irresistible – even if it meant pleading guilty to a heinous crime they continue to maintain they did not commit.

For the prosecution this move was IMO about saving face and protecting West Memphis from being exposed to lawsuits or compensation the WM3 may otherwise have been entitled to. The prosecution would not have been able to get away with the kinds of shenanigans they got away with the first time due to the media attention the case has received and would continue to receive.

It’s a damn shame that this is the closest to just result as this case will ever get. No compensation from West Memphis to the wrongfully convicted. No real closure for the families. And perhaps most importantly, there will be no justice for the 3 boys who were killed by unknown person(s) who will now almost certainly get away with their murders.

While it’s true that justice wasn’t served with this plea deal, it’s certainly better than these young men spending another second in prison. Damien Echols, Jason Baldwin and Jessie Misskelley are now free men and can continue the pursuit of clearing their names once and for all.

The video below is the press conference that was held earlier today with the WM3 and their legal team.

Related Post: Disturbed Offers New Single Download to Support ‘West Memphis 3’

In the introduction to the pledge, there was language that suggested that black families were better off during slavery and more likely to be families that included both a mother and a father than “after the election of the USA’s first African-American president.” This language was later struck from the document that included the pledge.

For most of the G.O.P. field, candidates were reluctant to sign and offered no comment. Mrs. Tea Party herself, Michele Bachmann, however; couldn’t sign the pledge fast enough – even before the reference to black families was removed. Rick Santorum also signed, Jon Huntsman said he doesn’t sign pledges, Newt Gingrich reportedly won’t sign the pledge unless there are additional changes to the language (How could he? Isn’t he on wife number 3?) Mitt Romney rejected the pledge calling it “inappropiate for a presidential campaign” and a Ron Paul spokesman said the congressman “has reservations” about the pledge and “doesn’t want the government to dictate and define traditional marriage.”

Gary Johnson, true to form, effectively vetoed the pledge.

Actually, this is an understatement. Gov. Johnson blasted the pledge calling it “un-Republican and un-American.”

Government should not be involved in the bedrooms of consenting adults. I have always been a strong advocate of liberty and freedom from unnecessary government intervention into our lives. The freedoms that our forefathers fought for in this country are sacred and must be preserved. The Republican Party cannot be sidetracked into discussing these morally judgmental issues — such a discussion is simply wrongheaded. We need to maintain our position as the party of efficient government management and the watchdogs of the “public’s pocket book”.

This is exactly what this so-called marriage vow is: a distraction. The Tea Party movement was successful in the 2010 elections because the focus was on the economy, limited government, and liberty NOT divisive social issues.

Gov. Johnson continues:

This ‘pledge’ is nothing short of a promise to discriminate against everyone who makes a personal choice that doesn’t fit into a particular definition of ‘virtue’.

While the Family Leader pledge covers just about every other so-called virtue they can think of, the one that is conspicuously missing is tolerance. In one concise document, they manage to condemn gays, single parents, single individuals, divorcees, Muslims, gays in the military, unmarried couples, women who choose to have abortions, and everyone else who doesn’t fit in a Norman Rockwell painting.

Maybe The Family Leader has done as all a huge favor? By pressuring candidates to sign the pledge in hopes of receiving The Family Leader’s precious endorsement, those of us who want to have some idea of how serious these candidates are about limited government and freedom now have a litmus test of sorts. Michele Bachmann and Rick Santorum receive an F, Jon Huntsman and Newt Gingrich maybe a B, Mitt Romney and Ron Paul an A, and Gary Johnson an A+. The rest who have yet to respond get incompletes.

Obviously, for so-called values voters, the grades would be awarded in the opposite way (i.e. Johnson gets an F and Bachmann an A+). This pledge exposes the divide within the Republican Party and the battle for the party’s soul. Will G.O.P. primary voters nominate someone who will welcome individuals (especially independents) who aren’t necessarily found in a Norman Rockwell painting or will they once again nominate someone who panders primarily to white Christian men who want to tell you what to do in your bedroom?

If they win, we might as well get used to the idea of 4 more years of President Barack Obama.

Watch all the way to the end please, and listen… unless rather serious vulgarity and profanity offend you in which case don’t watch the video, or just skip to the end spoken word bit (yes, this is VERY VERY NSFW):

I’m not gay, and I wasn’t bullied in high school even though I am the worlds biggest geek… But it wasn’t out of the inherent kindness of teenagers. I wasn’t bullied, because I was the biggest and strongest, and sometimes the meanest kid out there. I was the one who taught bullies a lesson… and believe me, I taught a LOT of lessons.

I’m not big on the “anti-bullying” bandwagon currently gathering steam in America. As it is, it seems to be a politically correct hysterical reaction, combined with an unhealthy dose of overprotective parents, liability obsessed administrators, and fame seeking psychobabblers.

But, I still think forcing someone to pay a price for non-conformity, is wrong.

I don’t care whether you disapprove of homosexuality or not; this isn’t really about being gay, it’s about being different. About not conforming to the social conventions and constructs enforced by the institutions we laughingly call educational in this country.

I wont say there isn’t some value to those social conventions and constructs; society operates smoother with them, and when they are generally followed. A society without a commonly agreed upon set of social conventions is a society that quickly collapses in on itself.

The problem becomes when those who choose not to follow those conventions, in essentially harmless ways, are FORCED into doing so; or are actively persecuted, or actively hurt, physically, financially, spiritually, and emotionally, for not doing so.

That, is the very definition of coercive restraint of human liberty; and it is flatly wrong.

You don’t have to support someones choices; but you have no right to enforce your choices upon them.

As people who love liberty, we would not tolerate such behavior from the state; but what is the state but a collection of individuals acting in concert… We should not accept this behavior from individuals, any more than we would from the government.

The message of this video is, if you choose another way, and you are being hurt because of it, it get’s better. And unfortunately, until we can destroy those so called educational institutions and rebuild them into something that supports liberty and freedom and individual rights, giving kids that message is the best we can do.

Remember folks, in our fine institutions, it’s those who love liberty who are the minority. The ones who don’t fit in. We are the threat to the social order.

I don’t see how anyone who says they’re for freedom, liberty, and individual rights can not support this; because supporting freedom, liberty, and individual rights, means doing so for everyone, even if their choices are completely abhorrent to you (so long as their choice is not infringing on your rights).

It’s not about gay or straight, it’s about free or not.

Part 1 deals with the philosophical foundations that came out of the Age of Enlightenment.

Part 2 explains the reasoning behind each of the ten amendments we call the Bill of Rights

As the narrator went through each of the amendments, I couldn’t help but think of the many instances where these very rights have been violated and continue to be violated by federal, state, and local governments throughout the country. For those of you who want to really know what we are about and the larger liberty/small government movement is all about, these are the very principles we are trying to restore. These are our guiding principles.

If ever you are perplexed by a position that we write about be it our opposition to the war on (some) drugs, opposition to conscription, support for sound money, support for the right to bear arms, opposition to ObamaCare, opposition to the so-called Patriot Act, etc. , you might find it helpful to refer back to these first principles.

I would like to encourage others to share these videos because I would like to see these videos go viral to remind our friends on the Left, the Right, and the middle about why these rights are so important and worth fighting for.

Related: The Philosophy of Life, Liberty, and Property Explained

On the positive side, the mandate section of ObamaCare was found unconstitutional, the military’s “Don’t Ask, Don’t Tell” policy was repealed, Wikileaks exposed the federal government for the corrupt organization it is, the Democrats took a beating on election day, and the Bush era tax cuts were extended (though with the return of the death tax, extension of unemployment benefits, and other compromises in the bill, I’m not yet sure if this was a good or bad thing).

On the other hand, Republicans gained ground on election day (I’m not optimistic that they have changed much since the last time they ran things), the vast majority of incumbents in both parties were easily reelected, government spending is way out of control, the Fed wants to pump some $600 billion into the economy by printing more counterfeit money, unconstitutional invasive searches continue to take place at airports in the name of safety, both Democrat and Republican politicians consider Wikileaks to be a “terrorist” organization, and President Obama believes he can assassinate American citizens where they stand with no due process whatsoever.

On the criminal justice front, The Innocence Network (part of The Innocence Project) exonerated 29 individuals in 2010 for crimes they did not commit. Back in March, Hank Skinner came within an hour of being executed when SCOTUS halted the process. Skinner’s case continues to wind its way through the courts. In other death penalty news of 2010, Kevin Keith’s death sentence was commuted to life by Gov. Strickland, Anthony Graves became the 12th death row inmate to be exonerated in Texas, a key DNA sample was determined to not be a match for another Texas man, Claude Jones who was executed in 2000, and Texas continues to stonewall inquiries into the likely wrongful 2004 execution of Cameron Todd Willingham. As these questionable death penalty cases pile up, hopefully this will be the beginning of the end of the death penalty in Texas and elsewhere.

In a couple of other cases we never quite got around to at The Liberty Papers but deserve to be mentioned: Cory Maye was granted a new trial by the Mississippi Supreme Court because the trial judge failed to give jury instructions to consider a “defense of others” defense and in Arkansas, the Arkansas Supreme Court ordered a new hearing for the so-called “West Memphis 3” to consider newly discovered DNA evidence and juror misconduct from the original trial (if you are not familiar with this case, I urge you to follow this link as a starting point. The more I have looked into this case the more disturbing I find it to be…a perfect example of what is so terribly wrong with the system).

Hopes for 2011
Rather than offering predictions for 2011, here are some of my hopes:

- I hope that the justice will be served in the above cases.

-I hope I am wrong about the Tea Party Republicans and that they will actually be a force of positive change for more liberty and smaller government

-I hope that Ron Paul decides not to run for president for the 2012 campaign but instead puts his support behind former New Mexico Gov. Gary Johnson (I’ll get into my reasoning in a future post).

-I hope by this time next year, I’ll have far more successes than setbacks for liberty to report.

Now it’s your turn. How do you feel about the state of liberty in 2010 and how do you feel about the year ahead?

Christie commuted Aitken’s sentence Monday, shortening it to time served. It was the first time he has commuted a sentence since taking office almost a year ago.

“The governor has reviewed all the facts of Brian Aitken’s case and has commuted his sentence to time served,” Christie spokesman Michael Drewniak said Monday. “Considering both Aitken’s offense and punishment, the governor believes this is the most compassionate and just solution.”

Aitken was being held at the Mid-State Correctional Annex, which is located on Fort Dix. He declined comment through a spokesman for the Department of Corrections.

It’s very good to see that Gov. Christie did the right thing in this case. Well done sir.

Hopefully, New Jersey legislators will now reconsider these burdensome anti-gun laws to prevent something like this from ever happening again.

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ACTION ALERT: Call/Write NJ Gov. Christie and Tell him to Pardon Brian Aitken

***UPDATE II***Complete written statement from Brian Aitken’s Facebook page (reposted @ TigerHawk) since his release:

Hi Everyone,

I wanted to briefly thank a few people individually for all of their hard work–and I couldn’t think of a better place to do so than here (my very own Facebook Page, crazy)!

Governor Christie, thank you. Seriously. I understand the risk you assume while making any decision that affects the People of New Jersey and that this was no trivial decision for you. In the days and years that will come to pass I am positive you will find yourself proud of your decision… and if you heard that quote about me running against you for President; I was just kidding. :)

Dennis Malloy, thank you. You’ve helped deliver an amazing gift this Christmas for a very loving and deserving family. I wouldn’t be typing these words right now if it wasn’t for you.

Richard Gilbert & Evan Nappen, thank you. You’ve been amazing counsel through this all and I’m proud to have you represent me in this case.

To the 15,000+ Facebook supporters, thank you. To each and every person who wrote the Governor, thank you. To each and every person who wrote to me and sent me hope… thank you.

To the Soldiers, Airmen, and Marines who wrote me from overseas – thank you for your kind words and your dedication to our country. The work you do amasses a debt that can never be repaid and I am humbled that you supported me from bases and War Zones around the globe. Thank you.

Lastly, thank you to my family, friends and beautiful fiancee. I’m lucky to have you all in my life.

There is a great deal of work yet to be done but, in the meantime, I hope everyone has a very Merry Christmas.

My very best,

Brian D. Aitken

The Philadelphia Daily News reports that Aitken and his legal team are going to continue to clear his name via the courts:

Christie’s commutation does not clear Aitken’s conviction or criminal record, and he has yet to hear from the New Jersey appellate court. He is not content with freedom, though, and plans a return to court.

“This is not over,” he said.

His case, he said, hinges on an exemption in New Jersey’s gun laws that allows gun owners to transport their weapons if moving to another residence. Aitken had moved back to New Jersey from Colorado, where he purchased the guns legally in 2007, and claims he was in the process of moving from his family’s home in Mount Laurel to Hoboken at the time of the arrest.

“[Terrorists] are going to continue to probe the system and try to find a way through,” Napolitano said in an interview that aired Monday night on “Charlie Rose.”

“I think the tighter we get on aviation, we have to also be thinking now about going on to mass transit or to trains or maritime. So, what do we need to be doing to strengthen our protections there?”

Opponent’s of strip and grope are “domestic extremists”:

Following the publication of my article titled “Gate Rape of America,” I was contacted by a source within the DHS who is troubled by the terminology and content of an internal memo reportedly issued yesterday at the hand of DHS Secretary Janet Napolitano. Indeed, both the terminology and content contained in the document are troubling. The dissemination of the document itself is restricted by virtue of its classification, which prohibits any manner of public release. While the document cannot be posted or published, the more salient points are revealed here.

[...]

The terminology contained within the reported memo is indeed troubling. It labels any person who “interferes” with TSA airport security screening procedure protocol and operations by actively objecting to the established screening process, “including but not limited to the anticipated national opt-out day” as a “domestic extremist.” The label is then broadened to include “any person, group or alternative media source” that actively objects to, causes others to object to, supports and/or elicits support for anyone who engages in such travel disruptions at U.S. airports in response to the enhanced security procedures.

Fabulous, now I’m a domestic extremist. Well, as Barry Goldwater said: “I would remind you that extremism in the defense of liberty is no vice! And let me remind you also that moderation in the pursuit of justice is no virtue.” On second thought, when it comes to opposing an agency dedicated to controlling and intimidating American travelers, I will wear the extremist label with pride. Will you?