Category: nannyism

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Accountability crime and punishment folly free trade & free markets general freedom moral hazard nannyism national politics & policies too much government U.S. Constitution

The Ninth and the Tenth of It

marijuana, constitution, intrastate, rights, legalization, decriminalization

When Attorney General Jeff Sessions rescinded the Obama Administration enforcement guidelines regarding the states that have legalized (in their 29 different ways) marijuana, last week, supporters of freedom expressed some worry.

But we had to admit, one excuse for Sessions’s nixing of the mostly hands-off policy seemed to make sense on purely legal grounds. If we want to liberalize drug laws, then our Cowardly Congress should do it.

Definitely not the Executive Branch.

And yet, over at the Volokh Conspiracy, Will Baude argues that “the rule of law” does not require “renewed enforcement of the Controlled Substances Act.”

If anything, he argues, it “requires the opposite.”

Baude mostly rests his case on the Constitution’s Commerce Clause, which does not authorize regulation of intra-state trade. An issue on which the AG does possess a duty to weigh in.*

This rubs against FDR-Era constitutional theory, of course, which treats all commerce as regulate-able interstate trade. But this makes no sense. The Tenth Amendment declares that states possess powers not given to the federal government. An interpretation of the Constitution cannot be justified if it effectively nullifies other parts of the Constitution. (If all trade is “inter” state, what’s left for the states? Powers to do what? And how could there be any constraints on federal power?)

And then there is the Ninth Amendment, which states that the people retain rights not listed in the Constitution.

When citizens assert rights — such as the option to cultivate, sell, buy or ingest a common and quite hardy plant — in their states (largely through ballot initiatives), the federal government should butt out.

This is Common Sense. I’m Paul Jacob.

 

* “Members of the executive branch have their own obligation to interpret the Constitution,” Baude writes, “and if a federal law is unconstitutional in part then the executive branch, no less than the courts, should say so. It is the Constitution, not the Court, that is the ultimate rule of law in our system.”

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crime and punishment folly free trade & free markets general freedom nannyism too much government

Beaver State Bliss

gas, Oregon, freedom, invisible hand, law, pump, control

The Great State of Oregon is not at DEFCON 1. Nor are Beaver State residents gnashing their teeth over a new law that went into effect earlier this week.

News reports proclaimed: “People in Oregon are freaking out about the thought of pumping their own gas under a new law.” But don’t believe everything you read.

For starters, Oregon’s new law doesn’t actually force anyone to do anything. It merely allows “retailers in counties with a population of less than 40,000 . . . to have self-service gas pumps.”

But a Facebook post by KTVL CBS 10 News in Medford took it an apparently frightening step further, asking, “Do you think Oregon should allow self-serve gas stations statewide?” The post went viral nationwide because of responses such as this:

I’ve lived in this state all my life and I REFUSE to pump my own gas . . .

This [is] a service only qualified people should perform. I will literally park at the pump and wait until someone pumps my gas.

Oregon is one of only two states — New Jersey, the other — where gas stations are banned from permitting customers to put gas in their own cars. Folks in the other 48 states have managed, as one Facebooker explained, “to pump gas without spilling the whole tank and triggering a Star Wars-style explosion.”

Still, if Oregonians so revere their regulatory regime, protecting them from the indignity of pumping gas, why change the law even partially?

Well, for economic reasons. As you might expect, gas stations across rural Oregon were closing at night, stranding many motorists.

Freer markets offer greater protection for real people . . . those not too perplexed by the prospect of pumping their own petrol.

This is Common Sense. I’m Paul Jacob.

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Accountability general freedom moral hazard nannyism political challengers too much government

How to Prevent Democracy

Maine, petition, signatures, Secretary of State Matthew Dunlap, ranked choice voting

Quick — what is the very first thing government should do this year?

Maine’s Secretary of State Matthew Dunlap has urgent legislation. And just so you don’t get the wrong idea, “It’s really not a shadow effort to restrict the people’s right to petition their government,” he insists. “That is not our intent.”

Got that?

Citing voter and election official complaints — without documenting any specific person or incident — the secretary seeks to “virtually ban” signature gathering at the polls on Election Day. His special bill, L.D. 1726, would create a 50-foot buffer so that voters can get to the polls, cast their ballots, and rush back home without ever being approached by fellow citizens seeking their signatures to place an issue on the ballot.

Polling places, Dunlap thinks, should be more “civilized.”

“State lawmakers in recent years have lamented the number of citizen-initiated bills that have been approved by voters,” explained the Portland Press Herald, “including major changes to marijuana law, voting, taxation and the minimum wage in just the last two years alone.”

Legislators, apparently, do not like following laws enacted by voters.

It is interesting that the Ranked Choice Voting ballot initiative, which Mainers passed last November — and Dunlap strongly opposed — gathered tens of thousands of signatures at the polls. In a statement, that citizen committee declared, “Our constitutional right to direct democracy is under attack in Maine.”

Why would a Secretary of State so blatantly favor politicians over the people? In Maine, legislators choose the Secretary, not voters. It’s a bad system, lacking proper separation of powers.

Removed from the people.

This is Common Sense. I’m Paul Jacob.

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Accountability folly general freedom insider corruption local leaders moral hazard nannyism porkbarrel politics too much government

The Biggest Loser

Illinois, corruption, exit, vote with your feet, taxes

Government is supposed to serve everybody . . . according to good, old-fashioned republican theory. But most governments serve some more than others. We can define as “corruption” any attempt to make government serve a few at the expense of the many — or the many at the expense of the few.

Illinois is corrupt, and most of us can only watch it get worse. But what can we say about those who live under the Prairie State’s thumb? When citizens see an institution slipping out of control, they can remain passive or take charge. Illinois citizens have petitioned for term limits, redistricting reform and a more transparent legislature only to be blocked again and again by the state supreme court.

What more can conscientious citizens, folks I like to call “liberty initiators” do? Well, they can

  • express themselves in criticism as well as offer alternatives;
  • vote thoughtfully and be well informed;
  • consider running for office or work for good candidates;
  • donate money to reform projects.

Alas, these and other expressions of “voice” have not exactly forestalled disaster.

The last resort is to “exit,” leave — vote with your feet.

The population of Illinois has declined. Many have pulled up stakes and fled across the border to Indiana and elsewhere. In the most recent year for which we have data, Illinois lost nearly 34,000 people, more than any other state.*

Unfortunately, this population loss is only an indicator of how bad Illinois State Government is doing. It offers no solution.

Except, of course, for the people who leave.

This is Common Sense. I’m Paul Jacob.

 

* Idaho has experienced the biggest population increase. See Reason’s reportage.

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Accountability general freedom media and media people moral hazard nannyism national politics & policies porkbarrel politics responsibility too much government U.S. Constitution

A Good Tragedy Not Wasted

Amtrak train derailed, Seattle, I-5, infrastructure, Donald Trump

No matter how “not as bad as we feared” President Donald Trump may be appearing, as we close out the year let’s remember why some of us did not trust him in the first place: his knee-jerk reactions are too often witlessly statist.

The speeding Amtrak train that derailed over I-5 in Washington State on Monday was a horror show, sure. And we have come to expect the President — any President, either party, all administrations — to provide words of comfort after such events. Trump conformed to expectations.

And, admittedly, his initial Tweet was all very proper. But his verbal response was . . . very . . . Old School. After mentioning the federal government’s role in handling the tragedy — “monitoring” and “coordinating with local authorities” — he used the event as an excuse to expound upon the idea that the event provides “all the more reason why we must start immediately fixing the infrastructure of the United States.”

This is bad, old-fashioned policy opportunism. The worst time to cook up “solutions” is right after a tragedy. That’s when emotions are highest and reason is lowest.

More importantly, the train was going through its initial run over newly upgraded infrastructure!

One could more reasonably surmise that the recent infrastructure upgrade was the cause of the derailment — though, let us be honest, it looks like the train was way above the stretch’s speed limit.

Note to Donald Trump: just because there’s a microphone in front of you doesn’t mean you are required to “make a point.” That’s not the President’s job.

Mister, we could use a man like . . . Calvin Coolidge again.

This is Common Sense. I’m Paul Jacob.

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Accountability crime and punishment education and schooling folly general freedom moral hazard nannyism national politics & policies too much government

Leave Them Kids Alone

education, school, panic, hysteria, play, gun, toy, private, competition

This just in: oblivious little boys still play cops and robbers.

Just as in days of old.

Wait. Hold on. Breathe. Just breathe. This sociological fact doesn’t mean that we’re a nation of incipient international terrorists but for the galumphing grace of grumpy zero-tolerant schoolmasters.

Common sense says you don’t suspend toddlers from school for wiggling their fingers as if wielding a gun, or for sculpting a “gun” out of a slice of Wonder Bread or Freihofer’s. Yet evidence continues to mount that all too many teachers and administrators are immune to considerations of reasonableness when it comes to kids who misbehave. (Or “misbehave.”)

Such enemies of childhood innocence must be hindered. So let’s give two and a half cheers to Ohio lawmaker Peggy Lehner, who proposes to legislate an end in her state to suspending children in the third grade or younger who aren’t threatening anybody. (I’m not sure why kids in grades later than third can’t catch the same break.)

A new, probably imperfect government regulation is not the only way to counter blunderbuss government-school policies. The most fundamental alternative is the free market.

Ideally, no public-school monopoly plagued by mandatory insane rules would exist. Ideally, all K-12 (and university) educational offerings would be provided by an unregulated market economy, making it much easier for families to drop insane schools and patronize sane ones. The pressures of market competition would encourage school officials to become students of common sense.

We are not there yet.

This is Common Sense. I’m Paul Jacob.

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