Category Archives: History

Former Liberty Papers Contributor Authors Report on “Over-criminalization Epidemic” for Freedomworks


Former Liberty Papers contributor Jason Pye may have long ago moved on from this humble blog but he certainly hasn’t moved on from doing his part to educate the general public on matters of liberty and justice. Pye’s latest work for Freedomworks is something I have a great deal of interest in and concern about: over-criminalization.

What can be done about the idea that the average person commits (usually unwittingly) three felonies a day? Pye offers some great ideas; mine are probably too radical. My radical proposal being

1. Congress should repeal the entire criminal code and restore the Crimes Act of 1790.

2. Crimes that are already on the books in a given state should have jurisdiction instead of similar federal crimes (i.e. murder is already a crime in all 50 states and all the territories, therefore; the federal government should not charge anyone for murder as the state or territory would use its police power to bring charges).

This would go a long way towards solving the problem of over-criminalization.

That said, Pye’s recommendations are probably more politically feasible and should be a great starting point.

The Over-criminalization Epidemic: The Need for a Guilty Mind Requirement in Federal Criminal Law

Related Posts:
Do We Really Want the President to Enforce ALL Federal Laws?
Quote of the Day: Jason Pye on the Smarter Sentencing Act

John Oliver Takes on Mandatory Minimum Sentences

For those of you who don’t have HBO and are unfamiliar with Last Week Tonight With John Oliver (very much in the same vein as The Daily Show only uncensored) the segment below is a must watch. While John Oliver is certainly of the Left, he definitely has a libertarian streak on social and criminal justice issues. In this segment, Oliver takes on the travesty known as mandatory minimum sentences (i.e. zero tolerance policies with even more severe consequences).

One of the Original “Liberty Papers” Turns 800


A mere 572 years before the U.S. Constitution and the Bill of Rights, 561 years before the Declaration of Independence, and 465 years before John Locke’s Two Treatises of Government was a government-limiting charter which inspired the authors of each of these was the Magna Carta. In June of 1215, a full 800 years ago, a group of land barons had decided that they had enough of the tyrannical rule of King John. Rather than depose the king outright, the barons forced King John to surrender some of his powers, thus creating the concepts British Common Law and the Rule of Law.

The history of the Magna Carta and how it was almost quashed is quite interesting:

There are four copies of the charter still in existence – one each in Lincoln and Salisbury Cathedrals, and two in the British Library.
The curator of the Library’s exhibit, Dr Claire Breay, told Sky News: “The most important thing about Magna Carta is that it established the principle of the rule of law.

“No free man shall be seized or imprisoned or stripped of his rights, or outlawed or exiled, except by the judgement of his equals or by the law of the land. And that clause is really at the heart of Magna Carta’s fame today.”

Those who negotiated the treaty would be astonished at how its reputation has survived eight centuries, because it was annulled after only 10 weeks.
The Pope ruled that King John had been forced to sign it under duress. Yet in the years afterwards, the language in the charter was revised and reintroduced and became part of the cornerstone of English law.

Vicor Hugo famously said “No army can stop an idea whose time has come.” Shortly after King John’s signing of the Magna Carta, the idea of the rule of law had come; the divine rights of kings was no longer universally accepted.

Quote of the Day: Neoconservatism vs. Traditional Conservatism Edition

Jason Lewis wrote an opinion piece in the Star Tribune reminding readers that the foreign policy approach of Rand Paul (and even more so, his father Ron Paul) has more in common with 20th century Republicans than his contemporary rivals. Lewis opened his article with anti-war quotes from Ronald Regan, Robert Taft, Dwight Eisenhower contrasting with quotes of neocons Sen. John McCain, Sen. Tom Cotton, and Sen. Lindsey Graham.

Lewis writes:

The backlash against the Kentucky senator has been swift and unanimous — at least from the ranks of fellow would-be nominees for president. Louisiana Gov. Bobby Jindal’s over-the-top rhetoric, suggesting Paul is “unsuited to be the commander in chief,” is only the beginning. The Cheneys (Dick and Liz, that is) have said Paul is “out to lunch” on foreign affairs. […]


But the neoconservatives who have taken over the GOP are also running against party tradition. Indeed, the defining characteristic of 20th-century Republicanism could be defined as a wariness of war-minded leaders — from Woodrow Wilson to Lyndon Johnson. […]


Perhaps it’s time for all of today’s gung-ho Republican candidates and commentators criticizing Sen. Paul to explain once and for all why the GOP heroes of the past were wrong and how it is that big government abroad can ever lead to small government at home.

Traditionally speaking, I think Lewis is right: Rand Paul is the only Conservative Republican running for president so far.

A Sign of the Times – Nebraska Repeals the Death Penalty

"Old Main" NM State Penitentiary

Yesterday Nebraska became the latest state to repeal the death penalty. While this is encouraging as states in recent years have ended this barbaric practice, what is even more encouraging and unusual is the fact that Nebraska is a red state. Nebraska is the first predominately conservative state in 40 years to repeal the death penalty. This isn’t to say that all conservatives were on board with the repeal. Republican Governor Pete Ricketts vetoed the repeal but supporters overrode the veto with the minimum number of votes required by 30 to 19 (conservatives accounted for 18 of the votes in favor of repeal).

Pema Levy writing for Mother Jones elaborates:

Today’s vote makes Nebraska “the first predominantly Republican state to abolish the death penalty in more than 40 years,” said Robert Dunham, executive director of the Death Penalty Information Center, in a statement shortly after the vote. Dunham’s statement singled out conservatives for rallying against the death penalty and said their work in Nebraska is “part of an emerging trend in the Republican Party.” (Nebraska has a unicameral, nonpartisan legislature, so lawmakers do not have official party affiliations.)


“I think this will become more common,” Marc Hyden, national coordinator of Conservatives Concerned About the Death Penalty, said in a statement following the repeal vote. “Conservatives have sponsored repeal bills in Kansas, Montana, Wyoming, South Dakota, Missouri, and Kentucky in recent years.”

The article goes on to point out that in the most recent Pew survey that 77% of Republicans support the death penalty. My question is, why? Fellow Liberty Papers contributor Albert Northup made a compelling case earlier this year as to why conservatives and libertarians should oppose the death penalty:

Are you pro-life? Opposed to big government? Do you believe in reducing government spending? Do you support the death penalty? If you answered yes to all of these questions, then you may want to re-think your position on the death penalty. As supporters of life, liberty, property, and limited government, I believe that all conservatives and libertarians should oppose the death penalty.

I couldn’t agree more. Perhaps more conservatives will come around to this more logically, philosophically consistent position.

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