Category Archives: The Nanny State

A Simple Question

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


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

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

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

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

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

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

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

How exactly would you stop that?

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

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

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

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

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

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

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

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

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

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

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

When I asked why, he said:

“Because to do otherwise would be to surrender”

Then I asked “Surrender what? To who?”

He said “Surrender to the junkies and the dealers”

I asked “Surrender what?”

He refused to answer.

And again I asked “Why”

He refused to answer.

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

He refused to answer.

So… I have a very simple question for you…

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

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

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

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

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

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


It’s a really simple question…

I am a cynically romantic optimistic pessimist. I am neither liberal, nor conservative. I am a (somewhat disgruntled) muscular minarchist… something like a constructive anarchist.

Basically what that means, is that I believe, all things being equal, responsible adults should be able to do whatever the hell they want to do, so long as nobody’s getting hurt, who isn’t paying extra

The Growing Cult of the Imperial Presidency

His Highness the President

Yesterday, President Obama used executive orders to further burden the fundamental right of self-defense. On the same day, in an effort to defend his Senate absenteeism, GOP candidate Marco Rubio gave his implicit endorsement to the concept of the imperial presidency.

Let us consider Obama’s action on gun control first. His executive orders grow the size of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), commit taxpayers to additional spending on programs he likes, and purport to expand the scope of existing background check requirements.

This did not constitute circumventing Congress, according to Senior White House advisor Valerie Jarett, because Congress “made it very clear they are not going to act.”

It is unclear what practical effect will be achieved by the expanded background checks. The existence of a loophole seems to have been exaggerated in the first place. Any change likely would not have made a difference in the high profile shootings supposedly motivating the President. As Jacob Sullum at Reason’s Hit & Run noted:

[The President] recited a litany of horrific, headline-grabbing mass shootings while proposing policies that would have done nothing to prevent them. Anticipating that his non sequitur would draw criticism, he boldly proclaimed that good intentions matter more than actual results…

The Obama faction of the cult-of-the-president does not care. They conceive of rights as things we get from parent-like leaders. Like well-behaved children, we ought to be grateful for the privileges we are permitted—not whining over the prerogatives of adults.

But if they are upheld (by the very courts GOP candidates like Ted Cruz, Jeb Bush and Mike Huckabee insist should defer to the political branches) Obama’s orders will have at least one meaningful impact, even if it is not on the homicide rate. The impact will be on the structure and scope of government power—and its increasing centralization in a single individual: an imperial president with the power and mandate to act where the people’s elected representatives have refrained from doing so.

As Bonnie Kristian, a communications consultant for Young Americans for Liberty, writes at Rare:

In most matters, contrary George W. Bush’s infamous assertion, the president is constitutionally not “the decider.”

He’s the doer.

Congress is supposed to be the decider—even (or sometimes especially) when it doesn’t do what the president wants.

Even this misses the target.

We are the deciders.

Rights are not things we are given, not privileges handed out to children by benevolent parent-kings. Rights are ours for the having unless and until we yield them. The only way to do that is via elected representatives. Even then our ability to give away rights is limited by the Constitutional framework our founders had the foresight to put in place.

It is not meant to be easy to give rights away.

Jarett and Obama are therefore wrong to lay blame on Congress’s “failure to act.” It is not that Congress has failed to act. It is that we, the people, have not in sufficient numbers directed our elected representatives to infringe further upon our fundamental rights of self-defense.

Use of executive orders to circumvent the collective will of the people’s representatives fundamentally alters our constitutional structure. The left might embrace this trend now, while their man is at the helm, and his target is guns. But how will they feel when it is a Ted Cruz or a Donald Trump circumventing Congress? When the executive power is used again to send troops to fight undeclared wars?

Incidentally, last year, Obama was the biggest seller of arms in the world, servicing buyers like Saudi Arabia and Syrian rebels (even though Congress has not declared war).

I wonder if he does background checks…

It is disappointing that on the same day Obama issued his executive orders, Marco Rubio gave his implicit endorsement to the idea that Congress is of secondary import to the will of the President.

His comments came in the context of his chronic Senate absenteeism, including for the end-of-year spending and tax bill vote, which has provoked criticism from other GOP candidates, including Rand Paul.

Well, you know, the difference between Marco Rubio and I is, I show up for work. And we had the biggest vote of the whole year, voting on a trillion dollars worth of spending, and he didn’t show up. So, yes, I think he ought to resign or give his pay back to the taxpayer.

When asked yet another question on the issue, Rubio’s attempt to defend himself was a big, depressing fail implicitly endorsing the growing cult of the imperial presidency.

I have missed votes this year. You know why? Because … only a president can set the agenda. We’re not going to fix America with senators and congressmen.

Perhaps Rubio could point us to where in the Constitution the power to “set the agenda” is granted exclusively to the President.

I checked Article II and didn’t see it.

You know how everyone has that thing? The thing drives them crazy? Like the sound of nails on a chalkboard? Maybe it is baristas misspelling names. Or your when it should be you’re. People who use literally to mean figuratively.

That song from Frozen.

For me, it is people talking about “our leaders.”

U.S. citizens don’t have leaders. We have representatives. They don’t tell us what to do—we tell them how to voteSee Article I, The Constitution.

We also have a chief executive. His job is to execute the laws passed by Congress, deal with foreign countries, and provide information to Congress. He also serves as Commander-in-Chief of the military.

But not of us.

To the contrary, we pay him for his “Services.” See Article II, The Constitution.

No one commands us. No one leads us. And no one rules us. That is what it means to be free.

The number of people who react with hostility and defensiveness to this notion is bizarre to me. It is as if they want to be led, like when I first left home and missed having my parents tell me what I should do. Being leaderless means being responsible.

So maybe deep down, those who would rather not shoulder such burdens harbor an unconscious longing for the days of monarchs. When the best-born among us led the way atop magnificent horses, swords and armor flashing in the sunlight, obliterating responsibility by demanding complete allegiance—leaving we lesser souls to imagine ourselves as scullery-maid-turned-princess from the safe distance of our own servitude.

Easier to daydream of being transported to the prince’s ball in an enchanted pumpkin wearing a gown made of magic than to actually climb up on a horse of one’s own.

But the willing subjects are as dangerous as the would-be kings.

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

What IS the Difference Between Democrats and Socialists?

Hillary_Clinton Bernie_Sanders

The DNC Chair, Debbie Wasserman Schultz was asked a very provocative question from a very unlikely person. The unlikely person was Chris Matthews and the unlikely question was the following:

“You’re chairman of the democratic party. Tell me the difference between you and a socialist”

The reason Matthews asked the question was because of the rising popularity of self-identified socialist Sen. Bernie Sanders (I-VT) who is challenging Hillary Clinton to be the presidential nominee of the Democrat Party. Clearly, Matthews along with most people who follow politics, does not believe that Bernie can actually prevail against Hillary (Bernie’s popularity among progressives notwithstanding). Given the tradition of both the Democrats and Republicans to give a prime time speaking slot during their respective national conventions, Matthews asked Schultz if Bernie would receive that honor.

Here is the video of the exchange.

At first blush, the question seems simple enough. Why couldn’t she answer?

But the more I thought about the question, it occurred to me that I couldn’t answer the question either (but in my defense, I’m not the DNC Chair either). I’m sure there must be a difference but unlike Chris Matthews, I don’t believe it’s a “huge” difference.

How does one go about answering this question? No two Democrats think exactly alike any more than any two Socialists or any two adherents to any other philosophy for that matter. Perhaps the better way to determine the differences between democrats and socialists is to compare party platforms.

This raises another problem: which party platforms?

For the Democrats, it makes the most sense to compare the DNC 2012 Platform (the most recent), but what about the Socialists? It seems that most third parties are Socialist in nature. Among these parties are the Socialist Workers Party, Socialist Equality Party, Party for Socialism and Liberation, Socialist Action, and Socialist Party USA.

It seems that I have no other choice but to pick one. I’ll compare the DNC 2012 Platform to that of Socialist Party USA (2013-2015). For the purposes of this post going forward, the contents of this particular platform is what “socialists” believe. I will also restrict the range of issues to socioeconomic issues where there is probably broad agreement among those who subscribe to Socialism as the best way to organize society and government.

As I examined the two platforms, I realized that making apples-to-apples comparisons would be more difficult than I expected. To the credit of the Socialists, their platform is much more to the point and easier to understand than the DNC’s. Here’s an excerpt from their economics plank:

The Socialist Party stands for a fundamental transformation of the economy, focusing on production for need not profit. So-called fair trade is meaningless as long as the world economy is dominated by a few massive corporations. Only a global transformation from capitalism to democratic socialism will provide the conditions for international peace, justice, and economic cooperation based on the large-scale transfer of resources and technology from the developed to the developing countries.

• We demand the immediate withdrawal of the United States from the North American Free Trade Agreement (NAFTA) and the Central American Free Trade Agreement (CAFTA), and oppose the creation of a widened Free Trade Area of the Americas (FTAA).
• We call for worker and community ownership and control of corporations within the framework of a decentralized and democratically determined economic plan.
• We call for a minimum wage of $15 per hour, indexed to the cost of living.
• We call for a full employment policy. We support the provision of a livable guaranteed annual income.
• We call for all financial and insurance institutions to be socially owned and operated by a democratically-controlled national banking authority, which should include credit unions, mutual insurance cooperatives, and cooperative state banks. In the meantime, we call for reregulation of the banking and insurance industries.
• We call for a steeply graduated income tax and a steeply graduated estate tax, and a maximum income of no more than ten times the minimum. We oppose regressive taxes such as payroll tax, sales tax, and property taxes.

See what I mean? For all their failure to understand very basic economic principles, these Socialists understand economy of words. They have some terrible ideas but at least they know how to organize them!

That was the first 256 words from the Socialist “Economy” plank. What can we learn from the Democrat’s first 256 words about their economic policy?

This is where it becomes difficult to make comparisons. The DNC’s 2012 Platform doesn’t have a single section for economics. Under the heading “Moving America Forward” their platform is divided under categories such as “Putting Americans Back to Work,” “The Middle Class Bargain,” “Cutting Waste, Reducing the Deficit, Asking All to Pay Their Fair Share,” and “Economy Built to Last.”

To the DNC 2012 Platform:

Four years ago, Democrats, independents, and many Republicans came together as Americans to move our country forward. We were in the midst of the greatest economic crisis since the Great Depression, the previous administration had put two wars on our nation’s credit card, and the American Dream had slipped out of reach for too many.

Today, our economy is growing again, al-Qaeda is weaker than at any point since 9/11, and our manufacturing sector is growing for the first time in more than a decade. But there is more we need to do, and so we come together again to continue what we started. We gather to reclaim the basic bargain that built the largest middle class and the most prosperous nation on Earth—the simple principle that in America, hard work should pay off, responsibility should be rewarded, and each one of us should be able to go as far as our talent and drive take us.

This election is not simply a choice between two candidates or two political parties, but between two fundamentally different paths for our country and our families.

We Democrats offer America the opportunity to move our country forward by creating an economy built to last and built from the middle out. Mitt Romney and the Republican Party have a drastically different vision. They still believe the best way to grow the economy is from the top down—the same approach that benefited the wealthy few but crashed the economy and crushed the middle class.

Democrats see a young country continually [snip]

Sounds like a whole lot of nothing right? This is a typical political speech in which lots of words are spoken but nothing of substance is being said. “[H]ard work should pay off, responsibility should be rewarded, and each one of us should be able to go as far as our talent and drive take us.” Wow, how absolutely earth shattering! Who doesn’t agree with the statement above?

The DNC 2012 Platform goes on like this the rest of the way, short on specific policy proposals but long on flowery prose. To the extent there is something I can sink my teeth into: the wealthy don’t pay enough taxes, the undefined middle class needs more subsidies and tax breaks (the middle class being the largest voting bloc), and we’ll keep the Republicans hands off of Social Security and Medicare.

Maybe I need to scrap the idea of comparing platforms. What do Democrats believe these days?

I would love to be wrong, but I’m quite sure that much of the Socialist Party USA Platform would resonate with rank and file Democrats and “Occupy” Democrats in-particular.

“We call for a minimum wage of $15 per hour, indexed to the cost of living.” Many rank and file Democrats agree with this; Seattle has already passed a $15 per hour minimum wage.

“We call for a steeply graduated income tax and a steeply graduated estate tax, and a maximum income of no more than ten times the minimum. We oppose regressive taxes such as payroll tax, sales tax, and property taxes.” This almost certainly resonates with the Occupy Democrats. Could such a plank make its way on the 2016 DNC Platform?

“We call for a full employment policy. We support the provision of a livable guaranteed annual income.” Any serious objections from Chris Matthews on this one?

“We call for increased and expanded welfare assistance and increased and expanded unemployment compensation at 100% of a worker’s previous income or the minimum wage, whichever is higher, for the full period of unemployment or re-training, whichever is longer.” Certainly those who support Bernie Sanders would be on board; Hillary supporters maybe not. To extent there is disagreement, it’s only a matter of degree.

“We oppose the court-created precedent of “corporate personhood” that illegitimately gives corporations rights that were intended for human beings.” Democrats (and probably some Republicans) around the country are shouting “hallelujah” and “amen” reading this statement.

It seems to me that there isn’t a great deal of daylight between Democrats and Socialists on socioeconomic issues. Is it any wonder why the DNC Chair couldn’t answer the question?

The only reason Democrats and progressives don’t call themselves socialists is because the term probably doesn’t do well in focus groups.

Socialists or Democrats?

Bernie Sanders or Hillary Clinton?

To quote Hillary: “What difference at this point does it make?”

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).

Misunderstanding Law, Government, and Society

GovernmentIsForceMost people… At least most people in modern western democracies… Seem to have a fundamental and unconscious assumption about the nature of law and government, that goes something like this:




Law and government, are or should be, the expression of the will of the majority, for the purpose of making collective decisions, taking collective actions, fixing problems and righting wrongs.

If I gave that definition to most people as what government “should” be, or even what it is, I’d guess they would agree.

But that’s not what law and government are at all. In fact, that notion of the nature of law and government, is not only wrong, it is extremely harmful.

What are law and government?

Government, is the instrument of collective delegation of the legitimate initiation and use of force against others.

Law, is the body of rules by which that force is administered and applied.

The only legitimate purpose for which, is to secure and protect the rights of individuals governed by them.

So, what’s the other thing, and why is this a problem?

The other definition, is more properly that of society (as distinct from culture).

Government is NOT Society, and Society, is NOT Government

This conflation of government, and society, is a very serious social and political problem because those who hold it… and I firmly believe it’s a large majority… believe that law and government, should be used for “doing what’s good, and stopping what’s bad”.

They naturally wish to see government do what they think is right, or best, and stop that which they think is wrong, harmful, or wasteful… And not just in areas where force should be applied.

They conflate “legal” with “good” and “illegal” with “bad”, and try to make laws against things which they think are bad, or mandating things which they think are good.

They often even conflate “legal” or “attempting to make legal” with “approving and supporting”, and “dissapproving and opposing” with “illegal” or “attempting to make illegal”.

This is incredibly harmful

We have allowed… even encouraged people… to deeply hold the fundamental notion, that they get to vote on other peoples opinions, choices, and behavior; and if their “side” wins the vote, that it is legitimate to make those things legal or illegal.

It also means that these people automatically and reflexively try to solve personal, moral, social, or societal problems, with government and law, when it is entirely inappropriate, even harmful, to attempt to do so. Most of those problems cannot be solved by the use of force;, or at best can only be solved inefficiently, ineffectively, and while violating the rights of others.

In encouraging this misapprehension, we have in fact made the personal, the political, and the political, the personal.

How do we stop the harm?

We must correct this critical error in peoples fundamental apprehension of law and government.

People need to understand, at the most fundamental level, that government is force, and that law is how that force is directed and administered. No more, no less.

If we don’t correct this misapprehension, then we will continue to simply seesaw back and forth between majoritarian tyrannies, as social changes dictate.

Rights will continue to be violated and abrogated as the opinions of society fluctuate.

The favored, will continue to be privileged over the disfavored at the expense of the disfavored’s rights, until the pendulum swings again and the roles are reversed.

Yes, I realize, that is largely how it has always been… But never has law and government had such a depth and breath, had so great a reach into our personal lives, as it does today, and this unfortunately shows no sign of receding.

The absurdity of this reach… and overreach… is finally becoming apparent to many people, on all ideological “sides”; be it the “war on drugs”, the “war on terror”, privacy and surveillance, or gay marriage and wedding cakes.

So, we have to take action, now

Use this growing awareness of the overreach, to help people understand.

We have to show people these aren’t just outlying excesses. That they result from the way we think of, look at, and attempt to use, government.

We have to get people to understand, that if they can say “there ought to be a law”, and then get a law made banning something that they don’t like; then their worst enemy, can get a law made banning something they love.

We have to return to the notion that fundamental rights matter, and that the only legitimate purpose of law, and government, is to protect those fundamental rights.

Everything else?

That’s up to individuals, and to society as a whole, NOT GOVERNMENT.

Voluntary collective action. If it’s really what people want, then they’ll work for it, without the threat of force. If it’s not really what they want, then we shouldn’t be forcing people to do it.

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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