Category Archives: The Nanny State

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

Self-Ownership, Voluntaryism , and the Non-Aggression Principle as Explained in 2 Videos

In the course of an election year, its very easy to get caught up in the minutia of the various campaigns and election year issues. This is not to say that these issues are trivial; there were very many issues this election cycle which deserved the attention they received.

That said, I tend to think that immediately after an election is a perfect time for reflection. What is it we believe and why? What are our first principles and are we communicating these principles effectively?

I’ve read from various places that we are coming close to a “libertarian moment” or perhaps one is already underway. I do not know one way or the other to what extent this is true but I find that because outlets like Salon, Slate, and Alternet of the Left and a few anti-libertarian outlets on the Right are spending so much energy trying to convince their readers that such a moment isn’t happening quite encouraging. If libertarian ideas were not gaining at least some momentum these outlets would ignore us as in years past.

Of course these outlets do not make any effort to portray our ideas accurately. Its almost as if they go down the list of logical fallacies and hope their readers won’t do any independent research.

So what are the first principles of libertarianism then? This is a very big question, one which libertarians will often disagree. My view is that the first principles are self-ownership, voluntaryism, and the non-aggression principle (fellow TLP contributor Chris Byrne has a slightly different take worthy of consideration).

The videos embedded in this post do an excellent job illustrating these principles, especially for people who are not very familiar with them. The first video, which I have shared on various other occasions, is called “The Philosophy of Liberty.”

Pretty simple right? Share that video with your friends who get their information from Salon. They may still disagree and say that individuals should be looted taxed to promote social justice and egalitarianism but at least they will be exposed to these ideas.

This second video by Stefan Molyneux called “Voluntaryism: The Non-aggression Principle (NAP)” is slightly more advanced taking NAP to its idealistic conclusion (Molyneux is an outright anarchist and makes no bones about it on his podcasts).

Is this all Utopian pie in the sky? Perhaps. Humanity has a long way to go before we can begin to think about beating swords into plowshares. But this does not mean that we can’t each do our part to move in this direction. Upon closer examination, what it really boils down to is following the Golden Rule, only resorting to violence defensively and as a last resort. This principle remains true whether the issue is foreign policy, local policing, or your own home.

Denver Post Editorial Board Responds to Pot Halloween Candy Paranoia With Common Sense

Supposedly, Colorado parents have a ‘unique challenge’ this Halloween. You see, because enough Colorado voters were bamboozled into legalizing pot for recreational purposes in 2012 (in addition to the already legal for medicinal purposes), now parents have to worry about cannabis laced candy in their trick-or-treat bags. There have even been products made available to test questionable candy of the presence of THC.

The editorial board of The Denver Post’s response? Perhaps parents should be checking their little goblin’s candy anyway.

[T]his year should be no different for parents, who should always employ common sense on Halloween. Throw out any unwrapped candy and inspect all packaging before letting your kids gorge on treats.

If the package looks suspicious, tampered with, torn, unwrapped or in unfamiliar packaging, throw out the candy. That should be the same message every year.

Wow, how hard was that? The board also points out that these ‘edibles’ aren’t cheap. The example they use: a package of 10 pot laced gummy bears retails for about $27 before taxes. Who is really going to be that motivated to spend that much money to get strange children high? I suppose it only takes one to start a new wave of ‘Reefer Madness’ circa 2014*.

My bold prediction: there won’t be even one reported case of a child receiving pot laced candy in Colorado.

*Maybe a bit conspiratorial on my part but who would be more motivated to give children pot laced candy, those who are in favor of its legalization or those opposed?

Ebola: Saving Life As We Know It, But Not You Specifically

ebola-quarantine-area

As the first U.S. citizen remains forcibly quarantined over Ebola fears, now seems a good time to revisit the role of government in our lives. Some so-called “conservatives” seem to have undergone a sudden evolution to the position that it is the government’s job to keep us perfectly safe from all risk.

One cannot help but wonder, is this their new position on guns as well?

One person has died in the U.S. from Ebola.

We lose 32,000 times that many every year to guns. Is there no cost too high, no civil liberty that cannot yield, in the quest to defeat that risk?

What about cars?

In 2012, 92 people died every day in automobile accidents. How many civil liberties can be ceded to protect us from death-by-car?

Anyone who thinks there is no cost too high to pay to keep Ebola from tarnishing the pristine lands of America is a statist in sheep’s clothing.

The government’s job is to preserve Life As We Know It. To do that, it does not need to save you, specifically. And it certainly does not so direly need to save you, specifically, that it should declare marshal law and shut down global travel.

In the years since 1976, the U.S. has lost between 3,000 to 49,000 people per year to influenza. By my math, that means we could lose another 48,999 people to Ebola this year and still not suffer much impact to Life As We Know It.

But you know what would impact Life As We Know It?

Massive losses in wealth due to travel bans, “aversion behavior,” quarantines and fear.

For example, Michael J. Casey, writing for the Wall Street Journal reports an interesting study about the effects on the global economy of a flu pandemic:

One study led by U.K economists that modeled the global economic fallout from a hypothetical influenza pandemic predicted only a 0.5% GDP loss from the base effect of the disease itself but up to 8% due to policies intended to mitigate its spread, such as school closures.

Think about it. Tourism to and from Africa ceases. Tourism between the U.S. and the rest of the world slows. Hotel rooms sit empty. Restaurants close early. No one rides the bus or takes taxicabs. A lot of people who would otherwise be working—and spending—are quarantined for weeks at a time. Equity indexes fall. Shares in travel firms dive alongside companies heavily invested in Africa. International financial institutions with interests in the region take a hit. The prices of iron ore and oil rise.

Your job might cease to exist. Your retirement account might be wiped out. The value of your house might plummet.

Is there still no price too high to pay when it is clearer that it will be you who must pay it?

However distasteful it might seem, the government must weigh the lives saved against the cost (in both dollars and civil liberties sacrificed) of saving them. Just like the Federal Reserve has a conflicting dual mandate to maximize employment and keep prices stable, the government has a conflicting dual mandate when it comes to Ebola—to protect us from Ebola and to protect the worldwide economy and our civil liberties from collateral damage in the fight to stop Ebola.

Take heart, gentle lambs.

Just because it is not the government’s job to spare no cost keeping you safe, does not mean you cannot make it your own priority. Disabuse yourself of the notion that only the government exercises any control over the big stuff, the important stuff, the dangerous stuff. You are free, all on your own, to spare no expense keeping yourself safe. Wash your hands more and touch your face less. Drive your car instead of using public transportation. Start prepping.

Stay home from work, like you think all those returning aid workers should.

Well go ahead.

You first.

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

Can Florida Ban Beer Growlers?

Damon Root, at Reason, on Florida’s ban on 64-oz beer growlers. The law is being challenged by a retail company called The Crafted Keg, which is a “growler bar*”.

To survive judicial review under existing Supreme Court precedent, economic regulations such as Florida’s growler ban must pass what’s known as the rational-basis test. In effect, this test tells the courts that they may strike down a contested law only if it lacks any conceivable connection to a legitimate government interest.
Green Flash Growler of 30th St. Pale Ale
To be sure, that is a highly deferential approach to government regulation. But the Florida growler ban is so moronic it fails to satisfy even the generous terms of the rational-basis test.

After all, what possible legitimate state interest could this ban serve? It certainly cannot be part of some regulatory scheme designed to limit beer consumption and thereby curb public intoxication or drunk driving. That sort of scheme would only be rational if the state also banned six packs, kegs, and other large-size offerings. The fact that customers may purchase 72-ounces of beer via six pack but not a 64-ounce growler of the same beer highlights the fundamental irrationality of this preposterous regulation.

When I was at Purdue, there was a ban on kegs in fraternity houses out of concern that the end of the night might result in a “finish off the keg” mentality and lead to excessive drinking. This is due to the typical hand-pump tap used to maintain pressure, which severely oxidizes the beer and causes it to go stale extremely quickly. Often a beer would taste terrible by the next night when using a hand pump. (This is not an issue on keg systems dispensed with CO2 or “beer gas”.) Instead, without kegs, we were forced to drink excessively via other means.

One can make an argument that a growler suffers the same issue. Growlers are really meant to be single-serving containers, or at most maybe split over two nights. The beer will go stale quickly if allowed to sit. Growlers aren’t filled with the same care to minimize oxidation as bottles or cans, and many growlers have trouble maintaining CO2 over more than a few days due to poor seals. Thus, you often drink a growler as quickly after purchasing it as you can to avoid it going stale or flat.

In addition, many growlers are “special release” beers, often higher in alcohol than typical. I often don’t like growlers for this exact reason. My wife doesn’t drink beer, and I tend to have trouble putting away 64 ounces of 8%+ double IPA in an evening on my own and getting up at the crack of dawn to feed children the next morning. For that reason, I actually love the 32-ounce growler as a format. It’s quite uncommon in the industry, however.

Six packs don’t have these issues. 22-oz bombers don’t have these issues. And kegs are clearly not intended for a single-serving. They’re either purchased for groups (using a hand pump tap) or for personal kegerators using CO2.

One 12-oz bottle from a 72-oz six pack won’t get you drunk, and the other 5 bottles can be easily stored for weeks or months. Drinking an entire 64 oz growler will get you drunk. And with the difficulty in storing a growler at all — much less a growler that’s already had a pint or two poured out of it, make it highly likely that it will be consumed in a single sitting.

Thus, while I don’t agree with the growler ban, I can see it passing a rational basis test.

» Read more

Invalid Presumption of Moral Superiority

A reader commented that the problem with what you might call “strict Randites” is that they “seem to have a lack of compassion”.

An APPARENT lack of compassion.

Some do yes.

Others simply recognize that it isn’t compassion, when one is being “compassionate” with other peoples time, money, and resources.

Not a Randian by any stretch of the imagination… but there IS a point there.

The larger point with Rand, and with Neitzsche, and other individualist philosophers; is that the assumed obligation to sacrifice oneself in favor of others, and the assumed moral superiority of it, are both not only false, but in fact harmful.

Voluntary self sacrifice for good cause, and to good effect (or at least with a realistic attempt at good effect), is a noble thing. In all other cases, it is not.

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 U.K. Becomes A Nanny State….Literally

The United States may not have sunk this far down the rabbit hole of socialism, but the UK has. The UK has become a nanny state, literally in the case of one program.

Labour Party Loons Foist State-run Childcare on UK at 66k Pounds a Head

A childcare subsidy aimed at persuading mothers of young children to return to work has cost taxpayers an astonishing £66,000 for every woman who has taken a job, a study revealed yesterday.
It said the price of extra free nursery places for three-year-olds under the part-time pre-school places scheme will be £800 million this year.
But the scheme has resulted in only 12,000 women moving into work, and the majority of them are in part-time jobs working fewer than 30 hours a week.

So many questions come to mind when I see an article like this:

What – are women in this program just pawning off their kids on the state so they can sit around doing nothing?? If only 12,000 women have gone back to work, why are enough kids in the program that it should cost this much?

Do you suppose a full-time professional Au Pair in the UK costs that much?

Do you suppose it’s in the State’s best interest to replace parenthood responsibilities with Big Brother’s Permanent Day Care?

Do the moms going back to work even earn that much on average?

How do you suppose this cost figure was obtained? Are they paying state childcare “experts” a king’s ransom?

Do they gold-plate the state’s diaper supply?

But I’ll settle for one question to rule them all: What were they THINKING?

The great axiom of politics is this: if you want more of something, subsidize it. Evidently, the UK wants more single, working parents, more broken homes, more ‘parents’ who care more for their own social lives than their children, and more children for which it is responsible. How far are we from child-rearing factories and an end to the concept of ‘mother’ or ‘father’ as in “Brave New World’?

My head hurts – I need to lie down now.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

This isn’t overmedication…

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

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

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

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

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

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

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

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

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

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

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

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

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

The Nanny State Strikes Again: School’s Implementation of Zero Tolerance Goes Too Far

In an effort to control perceived growing violence in schools, Congress passed the 1994 Gun Free Schools Act (GFSA) which required states to implement zero tolerance policies on school property as a prerequisite for receiving federal aid from the U.S. Department of Education. In 2002, Congress repealed this version but reauthorized the zero tolerance requirement under the No Child Left Behind Act. The revised bill expanded the school’s jurisdiction for such offenses from school property to any school-related function. So under the No Child Left Behind Act, school districts would not receive federal funding unless they implemented zero tolerance policies with a mandatory one year expulsion for any student who brings or possesses any firearm on school property or at any school function. School officials are also required to report these offenses to law enforcement agencies.

Have school boards taken these policies too far? Despite no duty or requirement to do so, most school districts have enacted strict zero tolerance policies for other offenses including possession of knives, drugs, alcohol, and tobacco. They have also enacted zero tolerance offenses for acts of violence and even expression of speech, all under the guise of protecting students. For example, an honor student in Dearborn, MI was suspended this month for a year because school officials found a small pocket knife in her bag at a football game.  From the Huffington Post:

A Detroit-area high school has suspended an honors student for the rest of the school year over a pocketknife the student says she had by accident.

Atiya Haynes, 17, was caught with the pocketknife at a homecoming football game in late September at Annapolis High School in Dearborn Heights, Michigan. School officials were searching the bags of female students exiting the restroom after a security guard claimed to have smelled marijuana nearby, according to local outlet WXYZ-TV. When officials searched Atiya’s bag, they found no marijuana, but did find a small knife.

Atiya says she did not realize the knife was in her bag. Her grandfather had given it to her over the summer, urging her to carry it for protection when riding her bike through dangerous neighborhoods to her lifeguarding job, according to MLive.

Atiya, an Advanced Placement student, was originally expelled from Annapolis High following the incident. However, on Monday, the school board rolled back her punishment, albeit slightly. Atiya is now suspended for the rest of the year, but will be allowed to take online classes and graduate with her class in 2015, reports local outlet WJBK-TV.

For starters, students do not lose their constitutional rights when they enter school property. Tinker v. Des Moines Indep. Cmty. Sch Dist, 393 U.S. 503 (1969). The Supreme Court has further held that public school administrators are considered state actors for purposes of Fourth Amendment searches. New Jersey v. T.L.O., 469 U.S. 325 (1985). Students also have a reasonable expectation of privacy in items that they bring to school, even though this expectation is diminished. School officials do not need probable cause to search, like law enforcement would. They may search based on a reasonable suspicion of wrongdoing and most jurisdictions require that this reasonable suspicion is individualized. One US District Court has held that the scent of marijuana is insufficient to show an individualized reasonable suspicion of wrongdoing if the scent cannot be determined to come from any individual or confined group. Here, the security guard claimed that s/he detected the scent of marijuana “nearby”, but there is nothing to suggest that the scent could be confined to Atiya or anyone else in the immediate area. I would argue that this was an unreasonable search and the knife is just “fruit from the poisonous tree.”

Let’s say, for all intents and purposes, that the search was valid. The punishment still does not fit and is excessive. Miss Haynes is an honor roll student, enrolled in AP classes, and potentially college bound. I would imagine that this suspension will go on her permanent record, which could affect her ability to receive scholarships or even get into certain colleges. Furthermore, the evidence suggests that she didn’t even know that the knife was in her purse. Is this the type of protection that Congress had in mind when it passed No Child Left Behind? In this case, Atiya Haynes is the only child being left behind and she is not the only one. Here are some other examples of overreaching zero tolerance policies:

In 1998, a Colorado school expelled a ten year old student when her mother inadvertently packed a small paring knife in her lunch. Despite trying to do the right thing by turning it in, she was expelled under zero tolerance policies and school officials said they had no discretion. While the expulsion was eventually overturned, her family was forced to move after receiving harassing letters that her family was trying to destroy the school.

In 1999, a Florida high school student was suspended for one year for bringing nail clippers to school. This expulsion was also reduced to a ten day suspension. However, the principal of the school was quoted as saying that he “was not…ready to arm kids with more ammo, to bring more items on our campus and make it an unsafe place.” Forget the fact that the student never used the nail clippers herself. Did I mention that her “crime” was bringing nail clippers to school? Nail. Clippers. This is the kind of “dangerous” activity we are trying to protect students from? Let that one sink in.

In 2013, two Virginia middle school students were suspended for nine months for shooting airsoft guns (similar to BB guns) in their front yard. The school claimed jurisdiction because the bus stop was in front of their house.

In 2012, a six year old student in Maryland was suspended for pointing his finger in the shape of a gun and saying “pow.” The principal sent a letter home to the parents stating that the boy “threatened to shoot another student.” Yes, this will be on this boy’s permanent record.

Similarly, a seven year old Maryland student was suspended in 2013 when he bit his pop tart into the shape of a gun and said “bang bang.” These two events led Maryland State Senator J.B. Jennings (R-Baltimore) to introduce the “Reasonable School Discipline Act of 2013″ to the Maryland Legislature, which would prohibit schools from suspending or expelling students who use any object that resembles a gun, but serves another purpose. In other words, the bill requires school administrators to use a little common sense. Has it really come to the point where we need such legislation?

In 1999, a Missouri high school junior was suspended for ten days when he responded “yes!” to an online message board asking whether students thought that a Columbine incident could happen at their school. As a result, he became ineligible for the National Honors Society and missed taking achievement tests which would have placed him in college level courses.

Finally, we saw the post made by Tom Knighton yesterday about the five year old student who was forced to undergo a psychological evaluation and sign an agreement to not harm anyone or herself because she drew a picture of a gun and held up a crayon, saying “pew pew.” She is five!

According to the National Association of School Psychologists, students who are suspended from school are more likely to suffer psychological disorders such as depression and anxiety from being ostracized. They are also much more likely to wind up in the juvenile justice system and therefore, the “playground to prison pipeline.” The American Psychological Association’s Zero Tolerance Task Force further found that zero tolerance policies had the opposite effect on preventing school violence. This is just another example of overreaching state power and the government, in its “infinite wisdom”, thinks it knows best. We would be better off to eliminate or reduce zero tolerance offenses. Our kids and future generations will thank us.

The problem with “Wouldn’t it be…” and “Wasn’t it…”

Progressive ideas usually begin with:

“Wouldn’t it be great if…” (progressives are generally theorists)

Ok, right there with you so far…

Conservative ideas usually begin with:

“Wasn’t it great when…” (conservatives are generally empiricists)

Yup, that works for me too…

The complication is the next step, taken by both progressives and conservatives:

“Since that would be great, it is our moral obligation, to use the force of government to MAKE it that way”

… and that’s where we part ways.

The problem, is that I believe I have no moral right to force MY personal beliefs, preferences, or ideas on anyone else (no matter how “great” or “right” they may be).

I also believe that we have a moral obligation to use the force of government as little as possible (even if doing so may be “for the greater good”).

Of course, that’s where the kicker hits, from both left and right…

“Since you oppose something which is great, and which is a moral obligation, you must either be stupid, or evil”

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

Tax Hike Mike Threatens To Take His Toys And Go Home

Former Arkansas Governor “Tax Hike Mike” Huckabee was a guest on the American Family Association’s “Today’s Issues” program where he ripped into the Supreme Court’s decision this week to not hear gay marriage cases, which essentially increased the number of states in which gay marriage became legal to 30 plus the District of Columbia.

Here’s a video of Tax Hike Mike threatening to leave the GOP over gay marriage:

For those of you who prefer to not watch the Huckster, Rare has transcribed what he said:

“If the Republicans want to lose guys like me and a whole bunch of still God-fearing Bible-believing people, go ahead and just abdicate on this issue,” Huckabee said.

“And go ahead and say abortion doesn’t matter, either, because at that point, you lose me, I’m gone, I’ll become an independent, I’ll start finding people that have guts to stand. I’m tired of this,” he said.

Poor Tax Hike Mike is not getting his way so he’s going to take his toys and go home. Well, the problem for Tax Hike Mike is that the Republican Party and the country are changing and it’s not to his liking.

Young Republicans are overwhelmingly in support of gay marriage for example. Pew Research Center found that 61% of young Republicans support gay marriage.

Gay marriage isn’t the only issue where young Republicans are bucking social conservatives. Young Republicans are also bucking social conservatives on marijuana as the AP reported back in May.

Beyond being a generational issue, young Republicans say their positions stem from the party’s belief that government shouldn’t intrude on people’s lives. Ron Paul’s 2012 presidential campaign got most of its following from younger Republicans attracted by his libertarian message that allowed for gay marriage and the legalization of marijuana.

It’s not just Tax Hike Mike’s increasingly out of date positions on social issues that should stop anyone who loves liberty from shedding tears over his departure from the GOP, it’s his terrible positions on just about everything. Here’s a brief summary:

  • There’s a reason why we call him Tax Hike Mike around here, because as Governor of Arkansas, he loved to raise taxes
  • Tax Hike Mike increased spending by 65% as Arkansas governor and Cato gave his overall reign a “D” on their grade for fiscal policy.
  • Tax Hike Mike continues to defend his fiscal progressivism.
  • Tax Hike Mike has supported cap and trade in the past and says “God wants us to fight global warming.
  • Who can forget Tax Hike Mike’s support of Common Core
  • Oh social conservatives, do you know that Tax Hike Mike signed a law in 2005 that mandated contraception coverage, even for religious organizations?
  • For more goodies about Tax Hike Mike, please visit this blog that has compiled a list of the numerous times Mike Huckabee has supported big government.

    After the disaster that was the presidency of George W. Bush and “big-government conservatism”, the last thing the Republican Party and the country needs is for that banner to be carried to victory in an election. It’s time to show Tax Hike Mike and those who support the big government nanny state the left does, except their own version of it, the door.

    I’m one of the original co-founders of The Liberty Papers all the way back in 2005. Since then, I wound up doing this blogging thing professionally. Now I’m running the site now. You can find my other work at IJ Review.com and Rare. You can also find me over at the R Street Institute.

    BOOK REVIEW: The United States of Paranoia

    Conspiracy theories are only believed by people on the fringe of American politics? Not so says Reason’s Jesse Walker in his latest book: The United States of Paranoia: A Conspiracy Theory. Walker argues quite the opposite in his opening chapter: “The Paranoid Style is American Politics”:

    By the time this book is over, I should hope it will be clear that when I say virtually everyone is capable of paranoid thinking, I really do mean virtually everyone, including you, me, and the founding fathers. As the sixties scare about the radical Right demonstrates, it is even possible to be paranoid about paranoids. (p. 24)

    For those who are hoping that this is another book in which the author’s goal is to prove or disprove any particular conspiracy theory, Walker makes is clear that this is not what this book is about (for the most part). He also makes a point to acknowledge that some conspiracies have been proven true (ex: Watergate among these, see Chapter 7 for more examples), “At the very moment you are reading this, someone somewhere is probably trying to bribe a politician. The world is filled with plots both petty and grand…” (p.21). Instead telling the reader what to believe, Walker tells a history about what people have believed on this continent from colonial times to now and how these beliefs have shaped the political debate and very the culture itself.

    Among the earliest examples of American conspiracies shaping politics and culture resulted in the infamous Salem Witch Trials of the late 1600’s. According to the belief at the time, witches conspired together and with the Devil to bring evil to the land. Disease and other misfortunes the colonists suffered were believed to be the direct result of these alleged Satanic rituals. Men and women were accused, tried, and executed with little or no evidence. The legacy of Salem continues today. When some public official is accused with wrongdoing, credibly or not, the accused and his or her defenders inevitably will call the proceedings a “witch hunt.”

    Soon after the colonies won their independence from Great Britain and became the United States of America, the citizenry turned its distrust of power inward. Who could be trusted to lead this new nation and how could the people keep another tyrant or a cabal of tyrants from taking control? As it turns out, many of these fears were quite legitimate. Not everyone was satisfied with the Articles of Confederation. There were actual conspiracies afoot to overthrow existing system under the AOC in which the several states had most of the power while the national government had little. An attempted military coup called the “Newburgh Conspiracy” was stopped when George Washington convinced his fellow soldiers that overthrowing the government by force was not the right way to go about changing the political system.

    » Read more

    I Want My — I Want My — I Want My DNA

    Today the FDA dropped a big m-fing hammer on 23andme, a service that will allow you some insight into your own genome. They offer, along with the ability to get a raw report about the specific genes they track, some level of analysis of your genome. They can use your data to look for specific known genetic markers of inherited conditions, and giving you advance warning that you may be at elevated risk of certain problems. In addition, by trying to build a large database of genetic data, they are vastly accelerating the degree to which future genetic markers can be understood for analysis.

    This, according to the FDA, is data used for diagnostic and prevention purposes, and therefore makes 23andme a “Medical Device”. Suffice to say that medical devices must to be FDA approved, according to the law, and 23andme hasn’t completed all the hoops necessary to allow me to spit in a cup and send it to a lab. So they can’t sell their kits any longer.

    This puts some people, like my wife and myself, in a bit of a strange position.

    As many of you know, our 4yo son is autistic. We’ve been through quite a bit to potentially understand the causes of his autism. Without getting too deep into the matter (there are many possible causes, each with its own camp of die-hard adherent believers, all of whom hate each other*), one of the avenues we’ve been traveling down is testing for various types of biomedical dysregulation. As a result, we’ve found that he has a genetic mutation common in a lot of autistic individuals related to what is called the “methylation pathway”. This is a biologic process related to brain activity and development, so the fact that it’s short-circuited gives some indication of where things can be helped**.

    So my wife and I are taking this as a chance to better understand more about our own genetic profiles, and with the added benefit of determining more clearly where my son’s genetic mutations have come from***. So we both did the “spit in a tube” thing last week, and our samples are happily on their way to 23andme.

    Now, I’m smart enough to know that genetics is NOT an exact science. That getting a report that there might be elevated risk for X doesn’t mean I have X****. I’m not going to use the information to make rash decisions about my medical care.

    But it’s a start. It’s information that I don’t have today. It’s information that may be of immeasurable benefit to me in the near term and down the road, if it reveals something real. And it’s information that the FDA doesn’t trust me to have.

    “Trust” is the term there. The FDA doesn’t trust us mere citizens. It doesn’t believe we’re capable of making decisions that affect our very lives. The 23andme genetic information isn’t perfect, but they believe that if we can’t get perfect information, we’re better off with no information. This information, of course, is getting better. One of the possible advantages of a widening circle of people partaking in 23andme research is that they can improve their ability to analyze a sample, looking for correlations years from now based on the sample I just gave. Part of the reason I wanted to do this was based upon expected future benefit in addition to learning about the aspects of my genetic that already relate to known markers.

    So, our saliva is on the way. With the FDA’s recent proclamation, does that mean that 23andme will complete the testing on our samples? Or will the brakes be put on before they’re allowed to run the test? Will this action end up killing the company, so that even if I *do* get my results today there will never be any future research to make the findings more valuable to me?

    So thanks a lot, FDA. You’re making me wonder if I’ll ever get the information I absolutely want and paid for. You’re making the future value of that investment lower, by putting into question the future of 23andme and the amount of data they have access to to analyze. And by doing so, you’re probably putting the brakes on the speed at which future genetic breakthroughs will manifest by artificially culling the data set. Nobody will know how many people will die in the future as a result of slower progress in the growing field of genetic research, but they won’t thank you, nor will I, for protecting me from this information today.

    » Read more

    Bye Bye 4th and 5th amendment: Obamacare info may be used for Law Enforcement and Audit activities

    Well… we knew that the 4th and 5th amendment meant nothing to them… never mind HIPAA… but really?

     

    Obamacare Marketplace: Personal Data Can Be Used For ‘Law Enforcement and Audit Activities’

    Maryland’s Health Connection, the state’s Obamacare marketplace, has been plagued by delays in the first days of open enrollment. If users are able to endure long page-loading delays, they are presented with the website’s privacy policy, a ubiquitous fine-print feature on websites that often go unread. Nevertheless, users are asked to check off a box that they agree to the terms.

    The policy contains many standard statements about information automatically collected regarding Internet browsers and IP addresses, temporary “cookies” used by the site, and website accessibility. However, at least two conditions may give some users pause before proceeding.

    The first is regarding personal information submitted with an application for those users who follow through on the sign up process all the way to the end. The policy states that all information to help in applying for coverage and even for making a payment will be kept strictly confidential and only be used to carry out the function of the marketplace. There is, however, an exception: “[W]e may share information provided in your application with the appropriate authorities for law enforcement and audit activities.” Here is the entire paragraph from the policy the includes the exception [emphasis added]:

    Should you decide to apply for health coverage through Maryland Health Connection, the information you supply in your application will be used to determine whether you are eligible for health and dental coverage offered through Maryland Health Connection and for insurance affordability programs. It also may be used to assist you in making a payment for the insurance plan you select, and for related automated reminders or other activities permitted by law. We will preserve the privacy of personal records and protect confidential or privileged information in full accordance with federal and State law. We will not sell your information to others. Any information that you provide to us in your application will be used only to carry out the functions of Maryland Health Connection. The only exception to this policy is that we may share information provided in your application with the appropriate authorities for law enforcement and audit activities.

    The site does not specify if “appropriate authorities” refers only to state authorities or if it could include the federal government, as well. Neither is there any detail on what type of law enforcement and/or audit activities would justify the release of the personal information, or who exactly is authorized to make such a determination. An email to the Maryland Health Connection’s media contact seeking clarification has not yet been answered

    The second privacy term that may prompt caution by users relates to email communications. The policy reads:

    If you send us an e-mail, we use the information you send us to respond to your inquiry. E-mail correspondence may become a public record. As a public record, your correspondence could be disclosed to other parties upon their request in accordance with Maryland’s Public Information Act.

    Since emails to the marketplace could conceivably involve private matters regarding finances, health history, and other sensitive issues, the fact that such information could be made part of the “public record” could prevent users from being as free with their information than they might otherwise be. However, as noted, any requests for such emails would still be subject to Maryland’s Public Information Act which contains certain exceptions to the disclosure rules.

    Read the fine print eh?

     These are such clear 4th and 5th amendment violations I can’t believe anyone didn’t immediately say “uh guys… we cant actually do this”…

    … but as I said, we know that our elected and selected “lords and masters” don’t give a damn about the 4th or 5th amendments (or really any of the others ones any time they become inconvenient).

    So while I’m sure they were told they couldn’t do it, I’m sure they said “ahh well the disclaimer and release is enough, we’ll be fine”.

     Yeah no.

     And as far as HIPAA goes… In reality these terms of use are not anywhere near an adequate HIPAA disclosure release, so using any of this data in any manner other than for healthcare purposes would be a federal offense.

    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 problem with mobile Amber Alerts

    As you might have heard, many Californians were awakened by their phones last week for a late-night Amber Alert:

    Russ went to bed early, setting “do not disturb” mode on his iPhone so no one could wake him up. His phone did wake him up, though, screeching and lighting up with an Amber Alert message about abducted children in a different part of the state. He asked Consumerist: how can he make these unwanted text messages stop?

    What Russ got wasn’t a text message. It was part of the Wireless Emergency Alert System, or WEA. That’s a Federal Communications Commission program that zaps alerts about man-made or natural disasters, urgent messages from the President, and Amber Alerts directly to your phone.

    Russ’ case was typical. That’s the problem. Amber alerts do not represent life-and-limb emergencies for 99.999% of those who receive them. Yet, thanks to the requirement of all WEA messages to be accompanied by the distinctive Emergency Broadcast System tone, they are treated as such.

    Predictably, the noise and disruption caused by this late-night alert sent a lot of folks (myself included) scurrying to turn it off. California officials warn against this:

    [T]he tones that come along with [Amber Alerts] are disruptive and annoying.

    They’re supposed to be – to wake you up and make you pay attention and law enforcement officers statewide are urging cell users to stay in this potentially life-saving loop.

    “That individual who may have deactivated may have provided that info on an individual that we’re looking for. Put yourself in those cases as well and put it into perspective,” Quintero said.

    Speaker of the Assembly John Perez is so concerned about possible mass alert deactivations that he’s calling for a legislative hearing on the matter.

    He also plans to arrange funding for a campaign of public service announcements emphasizing the importance of the alert system.

    The public service announcements will do absolutely nothing to solve the problem. They might get a few people to turn the alerts back on, but those same folks will end up turning them off again with the next Amber Alert. Personally, I’m not going to budge. As a musician and a software professional, I need to have absolute trust in the Vibrate Only and Do Not Disturb settings on my smartphone. The Amber Alert I received caused my phone to emit a noise on maximum volume despite my setting it to Vibrate Only.

    After this happened, I carefully examined the Emergency Alert settings on my device and found that there is no way to leave these on without the sound. That lack of choice is unfortunate. I would have been perfectly happy receiving Amber Alerts that displayed like other push notifications. I know at least a dozen other people who feel the same way. Judging by the news, there are probably hundreds of thousands more in the state. Each and every one of us will never get another Amber Alert on our phone because our only choices were to tolerate the noisy disruptions or opt out entirely. Guess we’ll just have to get our Amber Alerts from those signs on the highways.

    Reason’s Mike Riggs Interviews Radley Balko on Police Militarization

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

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

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

    Embrace Burke? No thanks, Mr. Dionne. I’ll take Coolidge instead.

    In his never-ending campaign to weaken those who oppose a progressive state, E.J. Dionne has attempted to give American Conservatives (including, in his flawed formulation, libertarians) a new idol: Edmund Burke. Embracing Burke, Dionne posits, would “clip the wings of modern conservatives”:

    It’s to Norman’s credit that he recognizes how “Burke also clips the wings of many contemporary conservatives.” While he “helped establish modern conceptions of nationhood and national allegiance,” he “rejected military adventures.” He “celebrated religious observance, but despised moral absolutism.”

    Norman also sees Burke as implicitly offering “a profound critique of the market fundamentalism now prevalent in Western society.” He thinks that Burke would “note the extraordinary greed and self-dealing seen over the past decade by the modern nabobs of banking and finance in a series of cartels disguised as markets.” And a Burkean conservatism would be wary of any ideology that “causes people to lose sight of the real social sources of human well-being and to become more selfish and individualistic, by priming them with ideas of financial success and celebrity.”

    The second paragraph is built on an entirely faulty assumption. It is simply beyond question that the FHA and its’ regulated GSEs were the key enabler of the housing bubble of the last decade in the US. These New Deal programs socialized the risk of mortgages while allowing private players to reap the profits. True market fundamentalists always railed against these distortions of markets. It is advocates of big government, such as Dionne himself, who are to blame for the situation.

    Even without the factual error, Dionne’s quote from Norman on Burke’s belief is wrought with other problems. It requires one to believe that greed is linked to individualism and ignore the parade of collectivists who sought to use the machinery of Washington to exploit others for the own gain. (Sadly, too many people actually believe this, but that’s another story for another time.) It requires one to believe that conservatives care deeply about celebrity as a part of a core ideology. Dionne perhaps missed the right’s revulsion to the concept of Barack Obama as a savior and a light worker. Or maybe he didn’t and just assumed it was a symptom of bitter clinging. In any case, he overlooks the fact that the left has a monopoly on personalizing politics in this country.

    Now that we have established that Dionne’s understanding of a conservative is already tenuous, at best, let’s read his vision of a model Burkean Conservative:

    Burke’s conservatism was based on a proper understanding of that word. He believed in preserving the social order and respecting old habits. He persistently warned against the destructive character of radical change. He was wary of ideology and grand ideas, rejecting, as Norman puts it, “universal claims divorced from an actual social context.” Burke saw the well-ordered society as a “partnership of the dead, the living and the yet to be born,” a nice formula for a forward-looking traditionalism — and not a bad slogan for environmentalists.

    Here, Dionne unwittingly uncovers a truth. Given that the modern social order in the US is built upon the legacy of the progressives and the New Deal, to be a Burkean conservative is to be a mainstream progressive. Libertarians are seen as radicals precisely because we want a social order that dispenses with the New Deal and its legacy. Meanwhile, modern Republicans play to shape a conservative social agenda using the rules and mechanisms put in place by the New Deal. Even the Constitution, the contract between the dead, the living, and the yet to be born in the United States, is interpreted through the ideology of the New Dealers.

    This insight brings us to the most laughable of Dionne’s assertions:

    Conservatism will flounder unless it remembers the imperative of addressing the interests of the many, not the few.

    Progressives have never done anything but address the needs of the few. Which few and to what degree are always in question. The need for an underclass of highly productive but exploitable people is not. This underclass was referred to by William Graham Sumner as “The Forgotten Man”:

    It is when we come to the proposed measures of relief for the evils which have caught public attention that we reach the real subject which deserves our attention. As soon as A observes something which seems to him to be wrong, from which X is suffering, A talks it over with B, and A and B then propose to get a law passed to remedy the evil and help X. Their law always proposes to determine what C shall do for X or, in the better case, what A, B and C shall do for X. As for A and B, who get a law to make themselves do for X what they are willing to do for him, we have nothing to say except that they might better have done it without any law, but what I want to do is to look up C. I want to show you what manner of man he is. I call him the Forgotten Man. Perhaps the appellation is not strictly correct. He is the man who never is thought of. He is the victim of the reformer, social speculator and philanthropist, and I hope to show you before I get through that he deserves your notice both for his character and for the many burdens which are laid upon him.

    Sumner’s appellation notwithstanding, members of this productive underclass are not forgotten by progressives. On the contrary, they are known to be a vital component of any progressive plan for society. In the Affordable Care Act, for example, they are the young and healthy who must be conscripted into the health insurance market so that their premiums might benefit the old and sick. In Social Security, they are the workers who pay taxes in so that retirees may get benefits. In Affirmative Action, they are the whites and Asians who lose opportunities granted to other minorities on the basis of skin color.

    For decades, progressives maintained the illusion that it was only a demonized few who bore the brunt of this exploitation. Franklin Delano Roosevelt used his political acumen to identify groups for benefit or demonization. He went so far in this endeavor as to hire photographers and writers to produce propaganda about those who benefited while launching vicious legal battles against innocent men just because they were in a group targeted for demonization. (This does have a familiar ring, doesn’t it?)

    However, that illusion has cracked in recent years. Eventually, millions of members of the productive underclass realized exactly what was going on. So born was the Tea Party, a so-called conservative movement. Distressingly for Dionne, this movement is far from the conservatism Burke preached and Dionne practices daily. It is radical, seeking to smash a social order built upon exploiting its members for the benefit of others.

    The radical nature of the Tea Party prompted fear among the establishment. Both major parties in America are essentially progressive in mechanics, if not agenda. The angry, dismissive reaction from the Republicans and the downright punitive reaction from the Democrats highlighted how radical the idea of declaring one “taxed enough already” truly is. Since the Wilson administration, Washington has decided who was taxed enough already and who could pay more.

    The Tea Party, for all the good it has done in revealing the corruption in Washington (much through its own victimhood at the hands of the IRS), is still a movement lacking a positive idea. It is essentially a movement pushing for a cessation of activity. This will cause many to ask what shall be done instead. The Tea Party has no answer for this.

    Neither, it seems, do most libertarians. We tend to focus on the “no” too often as well. Government should stop doing this and not start doing that. We’re seen as a force of negativity. Unfortunately, in a world where we are opposed to both major parties and the mainstream media apparatus designed to enforce the status quo, negativity doesn’t sell.

    Respect and stability, however, do. Enter Calvin Coolidge. The concept of normalcy embraced by Harding and Coolidge is both simple and elegant. Here is a description of the concept by Amity Shlaes in an interview with Ed Driscoll:

    Ed, what did you learn normalcy was in school? I learned it was something kind of dull, right? Like the — normalcy doesn’t sound elevated or wonderful and that was the Harding motto.

    But what they meant by normalcy is not we should all be normal and cogs. Right? What they meant is the environment should be normal so that we can have fun and play with new ideas, which is something very different. Predictability, the reduction of uncertainty. Coolidge as a candidate even used the phrase “uncertainty” which you hear so much today and which is also the subject of Forgotten Man. It’s less uncertainty, please. He really — it’s a theme all the way to the end of his life. You can find it in his columns post-presidency. He spoke of uncertainty.

    If you’re reading this, you’re taking advantage of Coolidge’s concept of normalcy in a very different context. The internet is built on normalcy. Packets are packets, traffic is traffic, and different application protocols expect lower-level protocols to act as specified at all times. The creation built upon these simple ideas, upon normalcy, is easily humanity’s largest by a vast margin. Yet there is no edifice called “The Internet”, no building that makes it all work. It is a distributed network of components all playing by the same rules.*

    So it was with the American economy under Coolidge. After a decade of tumult resulting from progressive leadership, the US economy got eight blessed years of normalcy. With this diminished uncertainty, companies were free to invest. The economy boomed and even the poor man was better off in 1928 than in 1920.

    Then, in response to the crash of 1929, a round of “bold experiments” (to borrow FDR’s phrase) were undertaken upon the economy by Hoover, Roosevelt, and the Congresses of the era for the next decade and a half. These experiments caused untold economic devastation by distorting markets, increasing uncertainty, and causing those who had capital to hoard and protect it, eventually causing Roosevelt to pursue an undistributed profits tax to shake this capital loose from unwilling businesses. Even during the Second World War, while the US was not statistically in a depression, the standard of living was still poor in comparison to the normalcy of the 1920s.

    The experiments, in every empirical sense, were a failure. But with the help of writers like Arthur Schlesinger, Jr. (who Dionne quotes approvingly as an admirer of Burke), these failures were pawned off on the American people as successes and the role that predictability and normalcy play in prosperity forgotten.

    Today, we face an economic crisis built upon government interventions into and distortions of the private economy. Despite the Obama administration focusing on jobs, there has been no improvement for the millions who have been chronically unemployed for years. The Democrats’ bold experiment with banking, the Dodd-Frank law, has driven the poor away from banks as they killed off free services. The Democrats’ bold experiment with health care is already driving up costs for millions while making full-time jobs hard to come by for hourly workers. Look at any problem in the US economy today and at its root you will find a bold experiment from Washington, D.C.

    The message I have for all Americans is to ignore Dionne (good advice in any case) and his plea to embrace Burke. It’s time to embrace Coolidge and pursue a course of radical normalcy.
    .


    *For those who don’t remember, one of the major arguments against SOPA and PIPA were that they legislated a change in the architecture of the internet that broke the DNS protocol. This endangered the functioning of the entire network by disrupting the rules upon which countless other technologies depended. A perfect illustration of the need for normalcy in a complex, distributed system.

    Quote of the Day: Unequal Treaty Edition

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

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

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

    […]

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

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

    Quote of the Day: Teach the Children Well Edition

    J.D. Tuccillle over at Reason has an excellent article entitled: “Why I’m Teaching My Son To Break the Law.” Tuccille explains that when the law runs contrary to one’s conscience, s/he should disobey said law (the primary example used in the article was when in 1858 residents in Oberlin and Wellington, Ohio prevented the police from enforcing the Fugitive Slave Act).

    Personally, I would say that I love liberty more than any other value, and I don’t give a damn if my neighbors or the state disagree. I will be free, and I’m willing to help others be free, if they want my assistance. Screw any laws to the contrary. […]

    […]

    I sincerely hope that my son never has to run for his freedom in defiance of evil laws, like John Price. I also hope, at least a little, that he never has to beat the stuffing out of police officers, as did the residents of Oberlin and Wellington, to defend the freedom of another. But, if he does, I want him to do so without reservations.

    If all my son does is live his life a little freer than the law allows, then we’ve done some good. A few regulations ignored and some paperwork tossed in the garbage can make the world a much easier place in which to live. Better yet, if he sits on a jury or two and stubbornly refuses to find any reason why he should convict some poor mark who was hauled in for owning a forbidden firearm or for ingesting the wrong chemicals. Jury nullification isn’t illegal (yet), but it helps others escape punishment for doing things that are, but ought not be. No harm, no foul is a good rule for a juror, no matter what lawmakers say.

    There seems to be a number of unjust laws coming down the pike to pile on top of many other unjust laws. I think it’s time we each decide we will not obey these laws. To take this one step further, I also wholeheartedly agree with the legal theory of jury nullification. If you are selected to sit on a jury, you have the power to say “no” to bad laws.

    This is what I try to teach my children anyway.

    Gay Marriage, Religious Rights, and Freedom of Association

    (Re-post: originally posted November 23, 2008)

    California’s Proposition 8, the ballot measure aiming to outlaw same sex marriage, passed on a very close vote. Prop 8’s supporters* pushed a campaign of fear, misinformation, and a complete distortion of the meaning of individual liberty. This campaign commercial is typical of the intolerance and hysteria being promoted from the “yes” campaign.

    Argument #1: Churches could be forced to marry gay people.

    Argument #2: Religious adoption agencies could be forced to allow gay couples to adopt children; some adoption agencies would close their doors as a result.

    Argument #3: Those who speak out against gay marriage on religious grounds will be labeled “intolerant” and subjected to legal penalties or social ridicule. Careers could be threatened.

    Argument #4: Schools will teach students that marriage is between “party a” and “party b” regardless of gender. Schools also teach health and sexuality and would now include discussions of homosexuality.

    Argument #5: There will be “serious clashes” between public schools and parents who wish to teach their children their values concerning marriage.

    Argument #6: Allowing gays to marry will restrict or eliminate liberties of “everyone.” (Example: Photographers who do not want to work at same sex weddings)

    Argument #7: If Prop 8 fails, religious liberty and free speech rights will be adversely affected.

    My response to these arguments is that we should be advocating for more freedom for everyone rather than restrict freedom of a group or class of people. The state should recognize the same contract rights** for a gay couple as it would between a man and a woman. To get around the whole definition of marriage issue, I would propose that as far as the state is concerned, any legally recognized intimate relationship between consenting adults should be called a “domestic partnership.” From there the churches or secular equivalent to churches should have the right to decide who they will marry and who they will not (just as they do now).

    Rather than subject an individual’s rights to a vote or either party forcing their values on the other, we should instead advocate freedom of association and less government in our everyday lives. Somewhere along the way, we as a people decided that the government should involve itself more and more into the relationships of private actors. The government now has the ability to dictate to business owners quotas of who they must hire, family leave requirements, how much their employees must be paid, and how many hours they work (among other requirements). For the most part, businesses which serve the public cannot deny service to individuals for fear of a lawsuit.

    A return to a freedom of association society would remedy arguments 1, 2, 6, and 7 from this ad. As to Argument #3, the anti-gay marriage folks are going to have to realize that in a free society, they are going to have to deal with “social ridicule”*** or being called intolerant. Anyone who takes a stand on any issue is going to be criticized and called names. In a freedom of association society, an employer would have every right to decide to layoff individuals who hold views or lifestyles they disagree with.

    While we’re on the subject of intolerance, perhaps we should take a moment to consider if people who would deny equivalent rights which come with marriage are intolerant. This ad is exactly the same as the previous ad except that the words “same sex” and “gays” have been replaced with “interracial.”

    Believe it or not, there was a time in this country when there were such laws against interracial marriage. Those who argued against interracial marriage made very similar arguments to what the anti-gay marriage people are making now. Today most of us would say those people were intolerant.

    Intolerance aside, Arguments 4 and 5 can also be answered by reducing the role of government in our lives. What the “yes” people should be arguing for is a separation of school and state. While we as a nation are trending toward more government involvement in K-12 education, those who do not want the government schools to teach their children the birds and the bees or enter into discussions of homosexuality can put their children in private schools which share their values or home school. School Choice is the obvious answers to these concerns.

    Prop 8’s supporters have turned the whole idea of individual liberty on its head. They claim that in order to preserve the rights of the greatest number of people a minority of people necessarily must sacrifice their rights. This is absurd and dangerous. Perhaps it is this complete misunderstanding of individual rights among Californians which contributed to Prop 8’s passage.

    When explained properly, the rights of life, liberty, and property is the easiest concept to understand.

    Hat Tip: The Friendly Atheist

    Posted Elsewhere:

    Dan Melson @ Searchlight Crusade has written a very thought provoking post on this issue. Some of his arguments I agree with, others I don’t but all of his points are well argued.

    » Read more

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