Category Archives: Theory and Ideas

A Simple Question

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

Why?

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…

Why?

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 Social Media Revolution–An American Spring?

"Television". Photo. Encyclopædia Britannica Online. Web. 25 Jan. 2016.

Regular readers know that I–an irregular contributor here–have long said that the power of the internet is as-yet poorly understood and mostly untapped. Sure, we’ve seen the Arab Spring, but what is the internet really going to do in America beyond providing us endless hours of cat videos?

Well, Scott Adams [of Dilbert fame] suggests that it’s broken down our electoral politics and is turning us into a direct democracy:

The media has led you to believe that this is a presidential contest between Democrats and Republicans. But Sanders is barely a real Democrat and Trump is barely a conservative Republican. If Bloomberg jumps into the race, we will have three candidates with ambiguous party affiliations. So maybe there is a more helpful way to frame this contest.

Naval Ravikant calls it The American Spring, and points out that social media has become the real conduit to power. That’s a revolution. We the People are on the brink of replacing the entrenched powers and their monied interests. If the patriots in Iowa, New Hampshire, and the other early primary states put both Sanders and Trump in commanding leads, they will be – in effect – firing the government. But they would also be firing the system of government that was created by the Founders. Direct democracy via social media – chaotic and ugly – is about to replace the Republic. No longer can a strong leader ignore the will of the people when it is pounding on every door and tapping on every window. The Republic was designed to give elected officials the power to decide for the people. But the elected elites have lost their legitimacy and The People are on the brink of taking back power.

I’ve said before that technology has led America to an increasingly centralized society, culture, and government.

  1. The printing press itself was the first step in creating durable broadsheet dissemination of information to a wide audience. The pen is mightier than the sword, but owning a printing press is like being the general of an army of penmen.
  2. Newspapers have followed an overwhelming consolidation and much of their news-gathering is centralized via the AP. And they had real power, because you “never pick a fight with people who buy ink by the barrel.
  3. The introduction of radio enabled a true real-time broadcast to allow single voices to reach much more widely than ever before.
  4. TV came along, and video truly killed the radio star. Because of the expense, consolidation into the “big 3” networks meant that the largest corporations could filter and control the presentation of information to the masses.

"Television". Photo. Encyclopædia Britannica Online. Web. 25 Jan. 2016.

“Television”. Photo. Encyclopædia Britannica Online. Web. 25 Jan. 2016.


Each step increased the flow of information. But each step also drove the control of which information would flow into a narrower and narrower group of people. But technology marches on, and the filters of broadcast media are increasingly being sidestepped, democratized, and subsumed. It started with Cable, as the cost of getting into the television business dropped dramatically, and the appearance of the 24-hour cable news station widened the number of voices in the market. But nothing has come close to becoming relevant as quickly as the internet and social media. We now see major news productions no longer driving the reporting, but rather highlighting the tweets of feet on the ground. And Presidential primary political debates are taking questions from YouTube “stars”.

The internet has been around the “mainstream” less than 20 years now… Since then, it’s basically broken or fundamentally changed multiple business models in all sorts of industries, as any unemployed former travel agent will tell you. Politically, by 2004, blogs had changed the political landscape enough to give us Rathergate. But 2004–a mere 12 years ago–only brought us the first inklings of the social media future with MySpace. Facebook, Twitter, YouTube, all of these hadn’t even been invented yet. Essentially the “modern” social media landscape was built in ~2006, with Facebook, Twitter, and YouTube, and integrated with the “computer in a pocket”, the iPhone and Android devices, over the following few years. We’ve been living with it for only a decade.
popery
The first decade of television was exciting, but raw. Everyone could tell that this was something new, and something important. Much like they can tell with the internet and social media now. It created new stars and obsoleted many former ones. It changed the world of politics. Much like internet and social media has done since. And now, as streaming video is replacing broadcast video for more and more households, and with Netflix, Amazon, and Hulu becoming production companies in their own right, the traditional hold of the TV networks is breaking with it.

The “out of the blue” appearance of Ron Paul and now Bernie Sanders? Voices who have spent decades with no “mainstream” platform are now finding their audience. The growth of “outsider, anti-establishment” candidates gaining real traction? This is due to media conglomerates no longer being able to control the message and marginalize them. These candidates, rightly or wrongly, stand in stark contrast to the politicians who have been screwing us over for years while growing their own power. And can you imagine the quick changes in public opinion on the gay marriage, medical/recreational marijuana legalization fights, and civil liberties issues without a democratized communication platform like the internet? And the internet is not only domestic–it’s making these changes on a global scale.

So, what is the point? Well, it remains to be seen. We are witnessing the greatest social transformation the world has seen since at least the invention of television, but probably since the creation of “mass media” at all. We’re seeing the replacement of “broadcasting” with “narrowcasting”, or “sidecasting”, or “targetedcasting”, or “peercasting” or whatever you want to name it. But the fact is that information no longer only flows downhill from the powerful to the rest of us. Now, while each of us may individually be no more powerful than we ever once were, all of us are collectively more powerful than any individual media magnate or opinion-maker on the globe. While much of Scott Adams post goes into suggesting an idea that I don’t think will ever come to pass, the question of demolishing our system of government is well under way, whether the visible structures of government change or not.

Is this a good thing? Will it advance liberty? I’m not sure. But it’s certainly different, and the world–be it politicians, media folks, leaders of industry, etc–hasn’t quite figured out the implications of that yet.

Quote of the Day: ‘Constitutionalist’ Inconsistency Edition

The poster child for faux Constitutionalism

From Mike Maharrey’s post: The Constitutional Inconsistency of Many “Constitutionalists”

This short statement sums up many people’s views on “constitutionalism” and “limited government” in a nutshell. It goes like this. If the government tries to do something ‘limited government guy’ disapproves of – regulating light bulbs or soda consumption – he will scream “limited government” and point at the Constitution. But when the federal government does something ‘limited government guy’ deems necessary, he makes excuses for it, and supports it, whether authorized by the Constitution or not.

The federal government lacks the constitutional authority to do any of these things. But ‘limited government guy’ wants the feds to enforce airline security because he finds it “a good idea.” Here’s the thing: a lot of people think telling ‘limited government guy’ how many ounces of soda he can drink is a good idea. A lot of people think telling ‘limited government guy’ what kind of light bulb he can screw into his fixture is a good idea.

So, why exactly should the federal government implement the things ‘limited government guy’ likes (airport security) and not those others things he dislikes? He really doesn’t have any basis to object, other than his conception of “good ideas.” He’s already tacitly admitted the federal government can do pretty much anything. Now it only comes down to whether it should.

[…]

Of course, this is all pretty much moot in 2015 because Americans don’t really give a crap about what the Constitution says or means any more – unless it relates to abortion, porn, gay marriage or keeping somebody from slapping the 10 Commandments up in a public space.

By the way, I bet ‘limited government guy’ thinks it’s a great idea for the feds to meddle in some of those things too.

I’ve encountered quite a bit of these “constitutionalists” and “limited government guys” recently. For example, there are actually “limited government” people in my social media feeds who think anything related to Islam should be banned (burkas, mosques, “Sharia Law” in private family matters, the very practice of Islam itself etc.). “Islam isn’t a religion, it’s an ideology (or cult, or philosophy, or…). Even if I were to concede that point (which I don’t), banning Islam or any other expression of conscience which does not violate the rights of others would still be a flagrant violation of the First Amendment. A true “limited government” person supports the rights of people with whom s/he disagrees.

Mike Maharrey is definitely onto something here. Most people aren’t really in favor of liberty for “others” but only for themselves.

Zero Tolerance Will Never Stop Bullying

BullyingBullying, so we are told by the MSM, is an epidemic in our nation’s schools. Administrators have guest lecturers, students role play and/or talk about their feelings, sign anti-bullying pledges, wear ribbons and T-shirts with slogans about how bullying isn’t cool. These things are all fine; its great that there are people and organizations who care enough to shine a spotlight on the real life consequences of bullying. Maybe some bullying is prevented with these programs. That being said, no amount of role playing, “sharing,” or pledges will protect a victim of violence while the bullying is happening.

There is one policy that far too many schools have that will never stop bullying: zero tolerance for those who use legitimate force against those who illegitimately use force. Zero tolerance, makes no distinction between the aggressor and the one being aggressed against. Failing to make such a distinction is akin to taking the position that making love and rape are the same act. Zero tolerance teaches people to not question the rules discouraging critical thinking.

This brings me to the recent event that transpired in Huntington Beach, California. The bully, by the name of Noah, was beating up on another student, Austin who is partially blind. But before he could continue the beat down, Noah received a beat down of his own when Austin’s friend Cody came to the rescue. The beat down consisted of two hits: a hit to Noah’s face and his head hitting the ground.

Here’s the viral video of the event.

Early reports about Cody’s punishment (kicked off the football team and suspension from school) which resulted in an online petition signed by almost 43,000 people for defending his friend appear to be inaccurate. According to the L.A. CBS affiliate, the school did not suspend him and Cody did not join the football team this season. If this is all true, this is a very good sign that not every school has bought into the zero tolerance cult.

Still, there are those even among his defenders, who say that Cody shouldn’t have knocked the bully down. This is absurd.

If any student should be invited to the White House, it should be Cody Pine. While Cody Pine by no means single handedly put an end to bullying, certainly there is one bully who will, at the very least, think twice before attacking another student. Beyond that, perhaps more individuals of all walks of life will be inspired to do what is right.

Postscript:
Something else occurred to me when I watched the video again after publishing this post. Notice the amount of force Cody used to stop Noah from attacking his friend? Cody could have easily beat Noah to a bloody pulp but he chose not to. Like I said, stopping the bully only required two hits. Maybe certain overly aggressive members of law enforcement could learn a thing or two from this video concerning use of force.

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

pye

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

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

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

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

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

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

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

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

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