Category: U.S. Constitution

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Accountability crime and punishment First Amendment rights general freedom government transparency local leaders moral hazard Regulating Protest too much government U.S. Constitution

Lock Her Up

Deyshia Hargrav, superintendent, schoolboard, Vermilion Parish school board, free speech, government, local government, Lozman v. Riviera Beach, Florida, Supreme Court

“Who Are We?” I asked Sunday at Townhall.com.

Today’s question: What have we come to?

Under a seemingly click-bait headline in The Atlantic, “Can Government Officials Have You Arrested for Speaking to Them?” Garrett Epps examines last week’s outrageous handcuffing and arrest of a Louisiana teacher, Deyshia Hargrave, for speech displeasing to the Vermilion Parish school board at a public meeting.

The elementary school teacher complained about a $30,000 raise the board was giving the superintendent, noting that teachers had not seen an increase in nearly a decade. After asserting that the raise would be “basically taken out of the pockets of teachers,” she was ruled out of order by the school board president and then asked to leave the premises. She calmly left the meeting room . . . only to be forced to the floor, handcuffed and arrested once in the hallway.

Police claimed the arrest was for “remaining after having been forbidden” and “resisting an officer.”

The school district announced it won’t press charges. Very funny. Anyone can see from the video that her treatment was excessive.

Next month, the U.S. Supreme Court will hear oral arguments in Lozman v. Riviera Beach, Florida, where an arrest was clearly retaliatory, but the city is newly claiming another violation it could have used to arrest Mr. Lozman.

Does this after-the-fact adding on of charges provide governments with an escape clause? As Epps argues, a Lozman decision “could either rein in, or embolden, the tiny-handed tyrants who rule county buildings and city halls around the country.”

If respectfully challenging our so-called public servants in meetings designed for that can lead to being arrested, handcuffed and dragged off, we no longer live in ‘the land of the free.’

This is Common Sense. I’m Paul Jacob.

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general freedom media and media people national politics & policies too much government U.S. Constitution

Happy Birthday, America!

Tom Paine, Thomas Paine, Laurent Dabos

What? Oh, sure, I know the United States of America has its birthday on July 4th, that day in 1776 when the Second Continental Congress adopted the Declaration of Independence.

Let’s agree I’m early. (Oh, how I wish it were July.)

But the interesting thing about history is how we get to those moments wherein the great “we” declare our independence or fill the streets or storm the beaches — or the polls. The many big, important days that lead to THE day.

Today is such a date, because 242 years ago on January 10, 1776, Thomas Paine published Common Sense. Without this day 242 years ago, we wouldn’t have had Independence Day six months later.

Using common and direct language, and speaking to all the “inhabitants of America,” Common Sense made the case for both independence from Britain and the establishment of a democratic republic. Boy, did it make the case. On a per capita basis, Paine’s pamphlet is the bestselling American publication in history.

His pamphlet or parts were read publicly, reprinted in newspapers and spread throughout the colonies. This common man — barely an American,* having landed on our shores in November 1774 — used the universal language, speaking truth to power.

“Every spot of the old world is overrun with oppression,” Paine told his fellow Americans. “Freedom hath been hunted round the globe. Asia, and Africa, have long expelled her. Europe regards her like a stranger, and England hath given her warning to depart. O! receive the fugitive, and prepare in time an asylum for mankind.”

The original idea of these United States was freedom.

And that, my friends, is Common Sense. (I’m Paul Jacob.)

 

* Of course, this makes Paine almost quintessentially American.

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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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general freedom U.S. Constitution

Merry Christmas, America

In addition to the religious significance of Christmas, Americans share an excellent historical reason to celebrate this day.

In January of 1776, Thomas Paine published his smash hit, “Common Sense.” This pamphlet galvanized public opinion in favor of the American Revolution, which had begun the previous year at Lexington and Concord with the shot heard ’round the world.

That July, the Declaration of Independence was written, signed and proclaimed to the new nation by the Continental Congress.

But by December of the same year, the prospects for the American cause were looking bleak.

British forces, along with their mercenary Hessian reinforcements, had manhandled the Continental Army. Gen. George Washington’s troops were routed at Long Island, pushed out of Manhattan, forced to retreat across the Hudson to New Jersey, and then run out of Jersey across the Delaware River to Pennsylvania “exhausted, demoralized and uncertain of [their] future.”

Soon, the British believed, the American revolt would be extinguished.

“To compound Washington’s problems,” recounts the EyeWitnesstoHistory.com website, “the enlistments of the majority of the militias under his command were due to expire at the end of the month and the troops return to their homes.”

Yet, on Christmas night, Washington marshaled his ragtag soldiers and crossed the icy Delaware, marching his men nine miles to Trenton. In the wee hours of the morning on Dec. 26, the Continentals attacked, catching more than 1,000 Hessian soldiers by surprise and taking nearly all of them captive.

In strictly military terms, the victory was not terribly significant. But in terms of American morale, as well as the perception of important potential allies such as France, the win was an absolutely perfect Christmas gift to the new Republic.

Our Republic, dedicated to liberty and justice for all, continues to this day.

And today, you and I are left to defend it — just like the barefoot minutemen who walked through the snow to face the most powerful military force of their world.

Merry Christmas, America!

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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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folly government transparency media and media people national politics & policies too much government U.S. Constitution

Peel Back the Onion

The Onion, satire, humor, CFPB, bureaucracy

Yesterday, an Onion title caught my attention: “Hooded Members of Congress Drown Another Love Child in the Potomac to Prevent Affair from Getting Out.” This is not funny because it is true, but because it is so close to the truth. Too close for comfort.

A similar story, the day before, sported a title so sublime that you do not really need to read further: “Al Franken Tearfully Announces Intention To Step Down From Role As Harasser Of Women.” The week before that, another satire gave us this extravaganza: “Paul Ryan Announces New Congress Sexual Harassment Training Will Create Safe Work Atmosphere, Plausible Deniability.”

But sex scandals are easy. If The Onion were seriously in the satire biz, the farcical-on-the-surface nonsense of the Consumer Financial Protection Bureau brouhaha that I wrote about on Tuesday would get incisive treatment as well.

My advice to Onion writers? Don’t go halfway into the problem, like David A. Graham does in The Atlantic: “The Fight Over the CFPB Reveals the Broken State of American Politics.” Sure, that’s true. But concluding that “neither party sees the political process as effective in resolving these basic issues is worrying” hardly goes far enough, and the next line — “the fact that they might both be right is worse still” — shies from the full extent of the predicament.

The Constitution was designed to avoid problems like the CFPB nonsense. Start there. Something like this comes close: “Politicians Shocked, Shocked to Discover That an Un-Constitutional, Partisan Bureau Becomes Subject to Constitutional Dispute Along Partisan Lines.”

I have confidence that, if The Onion went there, it’d be funnier.

Even without a sex angle.

This is Common Sense. I’m Paul Jacob.

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