The Biggest Threat to America

Ask the average American walking down the street what they believe the biggest threat to America is and you’ll likely get as many answers and interviewees. Some will claim a nuclear armed Iran is the biggest threat, but they fail to understand that simply possessing a nuclear weapon doesn’t make for a threat if you lack a delivery system capable of transporting the weapon to your enemy’s home and bypassing that enemy’s countermeasures. Other people will claim the biggest threat to our county is the faltering education system, against they fail to see that a faltering public education system is a symptom of a much larger problem.

The biggest threat to our country is the tyranny of our government and Henry Hazlitt called it in 1956:

In spite of the obvious ultimate objective of the masters of Russia to communize and conquer the world, and in spite of the frightful power which such weapons as guided missiles and atomic and hydrogen bombs may put in their hands, the greatest threat to American liberty today comes from within. It is the threat of a growing and spreading totalitarian ideology.

Totalitarianism in its final form is the doctrine that the government, the state, must exercise total control over the individual. The American College Dictionary, closely following Webster’s Collegiate, defines totalitarianism as “pertaining to a centralized form of government in which those in control grant neither recognition nor tolerance to parties of different opinion.”

Unlike potential threats from foreign nations, the threat of ever more tyrannical government isn’t hypothetical but an absolute fact. We aren’t playing a guessing game of “what if” when talking about expanding government power but a game of “how much” and “how quickly?” No doubt can exist that the power the federal government commands is much greater now than any other point in our country’s history, and make no mistake our history is ladened with expanding government power.

The United States government has been on an ever expanding power grab since the start but it really began to ramp up after the conclusion of the Civil War. One the federal government realized they successfully prevented any state from seceding they also knew there was no limit to their power. Gone was the possibility of individual states finding federal laws and regulations unacceptable and withdrawing. While this expansion of power was continuous it really began to ramp up during World War II and has only continued to rapidly expand every since.

The article is an excellent read and should serve as a wakeup call to anybody who doesn’t see the constant destruction of liberty taking place in this nation.

Can Anybody Say Mission Creep

Read the following excerpt and tell me if something looks amiss to you:

The Department of Justice (DOJ) and Immigration and Customs Enforcement (ICE) have confiscated another 11 domains names, all related to Korean movie portals.

The seizures are another iteration of “Operation In Our Sites”, the domain name seizing initiative designed to crack down on online piracy and counterfeiting.

My question is this: what does online piracy have to do with immigration or customs? I can’t even twist this issue around hard enough to make sense of sicking Immigration and Customs Enforcement (ICE) on domain name providers to censor bring down websites.

This case looks to be yet another case of mission creep. Government agencies love getting more power because with each increase in power comes justification for demanding additional federal funds to maintain operations of the “underfunded” (according to them) agency. If we’re going to have federal enforcement agencies then they damn well should be restricted to a very specific mission. Every time they expand their power it comes at the direct expense of our liberty.

A Flawed Plan From the Start

Online petitions are always entertaining to read. While many of them contain good ideas the history of such petitions accomplishing anything is nonexistent. Thus I find the continued proliferation of such petitions, given their futile nature, a little bit surprising. Still I must say if this petition calling for the impeachment of every senator who voted for the National Defense Authorization Act received any traction the people of the United States would quickly learn the fact that their government is no longer by the people:

To every Senator who votes in favor of the $662 billion-dollar National Defense Authorization Act a.k.a. “U.S. is a Battlefield” bill, which gives the military a right to raid the homes of U.S. citizens and detain them indefinitely without charges, rights to a lawyer, or habeus corpus:

You are committing treason directly against the American people! We do not fear signing this petition, because if we live in fear, we will have lost. This is a way of peacefully standing up and saying we will not let a small group of politicians take away the rights and freedoms of 300,000,000+ people!

We the People are holding you accountable and saying, “We will not let this happen.” This legislation goes directly against the U.S. Citizens Bill of Rights written by our Founding Fathers. It is the basis of the country and no one is allowed to dissolve these rights!

Americans, stand up for our country and what is right! Impeach every single Senator who votes to destroy the Constitution

Asking 93 out of 100 senators to being impeachment hearings against themselves isn’t going to happen. Those asking for impeachment likely do not understand the difference between impeachment and recall elections. Impeachment hearings are initiated by the legislative body, the same people who just voted in favor of this bill. Recall elections are voter initiated actions to remove a “representative” from power. The only process really available to the people if a majority of the legislative body is against us is mass recall elections. We need to remember that these senators don’t view themselves as representatives of the people but overlords of the peasants whom should remain subservient to the state. If voting in favor of legislation granting the indefinite detainment of American citizens without trail isn’t enough to prove this point I don’t know what is.

Agents of the State Find Time to Harass Teenagers

With all the ills going on in the world it’s good to see members of the Kansas governor’s staff are finding time to tackle the really important issues:

“Just made mean comments at gov. brownback and told him he sucked, in person #heblowsalot,” she wrote to her 60 followers who tuned in to her sporadic updates about the Twilight films and Justin Bieber. In fact, Sullivan hadn’t said a word to the governor during his brief speech, and she now says the Twitter comment was just an “inside joke” among her high schol friends who were also on the Youth in Government field trip and disagreed with Brownback’s politics.

But the humor was lost on members of Brownback’s staff, who found the tweet while scouring social media sites for his name and alerted Sullivan’s high school principal. The principal reprimanded Sullivan and demanded she write an apology to the governor.

There’s so much stupid in the second paragraph that it almost physically hurts. First of all how the hell are members of Brownback’s staff finding the time to browse through social media sites looking for the governor’s name? If staff members have enough time to do that they either need more work or the size of the staff needs to be reduced. Remember that the people of Kansas are footing Brownback’s bill to pay his staff so if he has any decency (which he probably doesn’t being he’s a politician) he’d ensure his staff was as efficiently sized as possible.

Next we have the concern of staff members contacting the kid’s principle. Her tweet said she made mean comments at the governor, not that she was planning on committing any act of violence upon the man. Just for fun and in case anybody from Brownback’s staff is reading this site I’d like to say that Governor Brownback is a huge steaming pile of shit. Granted I don’t know the man but if he feels sending staff members out to browse social media sites for mentions of his name is a good use of taxpayer dollars then he is a piece of shit in my book.

The third point of stupid is the audacity of the principle to demand the kid write a letter of apology. Nobody should be made to apologize for their opinion, especially when that opinion is about a public official. There is a pesky amendment in the Constitution that says something about people have the freedom of speech. While I understand schools are actually more akin to prisons it is still disgusting to see students having their supposedly Constitutionally guaranteed rights stripped without actually doing any wrong. Don’t even both giving me that line of bullshit about the Bill of Rights only applying to adults, nowhere in the Bill of Rights does it contain any disclaimer that it is meant to apply only to adults. It appears as though the kid is pretty smart I must say:

And while Sullivan’s tweet is still rude, Brownback’s staff response makes him look thin-skinned and unable to take a joke. “I can’t believe they would prioritize that over other issues they have going on now,” Sullivan says. “I can’t believe they take time out of their day to look at social media and Twitter for his name.”

Exactly. The people of Kansas should be up in arms just for the fact that they’re paying idiots to sit around and browse Twitter all day. Let me also commend the kid for sticking to her guns and ultimately deciding not to write an apology letter:

Sullivan, who now has more than 9,000 Twitter followers and has begun quoting Gandhi, says she hopes the principal will accept her decision not write an apology letter. She says the incident has been a “reality check” to her and her friends that their comments on social media sites are not anonymous nor consequence-free.

You should only apologize when it’s sincere, which means you should never write a letter of apology for speaking the truth or your opinion. Too many people believe that apologies must be issued whenever you hurt somebody’s feelings but truth be told this simply creates a society that ends up giving a bunch of insincere apologies for everything and also ingrains people with the idea that they can get away with anything so long as they issue a phony apology afterwards.

Since the heat was turned up Governor Brownback did finally issue an apology of his own:

“My staff over-reacted to this tweet, and for that I apologize. Freedom of speech is among our most treasured freedoms. I enjoyed speaking to the more than 100 students who participated in the Youth in Government Program at the Kansas Capitol. They are our future. I also want to thank the thousands of Kansas educators who remind us daily of our liberties, as well as the values of civility and decorum. Again, I apologize for our over-reaction”

How about you apologize to the people of Kansas for wasting their money by paying people to sit and browse the Internet?

Cognitive Dissonance Regarding Paying Off the Federal Debt

National Public Relations Public Radio (NPR) has a piece that tries to explain how paying off the federal debt ended poorly for the United States. I’m not quite sure what their angle is but it appears to be an argument against ridding ourselves of the yoke of our national debt:

That was the one time in U.S. history when the country was debt free. It lasted exactly one year.

By 1837, the country would be in panic and headed into a massive depression. We’ll get to that, but first let’s figure out how Andrew Jackson did the impossible.

What? Paying off the national debt will lead to a depression! Oh no, we need to make the debt bigger! Due to a failure of logic it’s pretty easy to see the depression that followed paying off the federal debt was due to the use of fiat money.

When Jackson took office, the national debt was about $58 million. Six years later, it was all gone. Paid off. And the government was actually running a surplus, taking in more money than it was spending.

Damn, if it wasn’t for that whole massacring American Indians Andrew Jackson may actually be on the very short list of presidents I respect.

That created a new problem: What to do with all that surplus money?

Jackson had already killed off the national bank (which he hated more than debt). So he couldn’t put the money there. He decided to divide the money among the states.

Um… I don’t think the author understands what a national bank is. A national bank isn’t some place for the federal government to place its money so that it can be loaned out to other countries as banks we interact with daily are. National banks exist simply to control the supply of money without having to deal with that pesky free market that prevents easy expansion of the money supply. What a national bank does is print money and loan out that money (usually to other banks) to expand the supply of money and recalls loans to contract the supply of money. Through this convoluted process the national bank attempts to control inflation but in actuality causes inflation as the money supply is only expanded due to the government wanting more and more money to spend on frivolous projects.

Thus eliminating the Second National Bank didn’t prevent the federal government from storing the surplus of money, that statement is just idiotic. Fuck it, take it away Rothbard:

The state banks went a little crazy. They were printing massive amounts of money. The land bubble was out of control.

Exactly what I said above, when government is given the power to expand and contract the money supply they only expand it. Fiat money systems are bad m’kay.

Andrew Jackson tried to slow everything down by requiring that all government land sales needed to be done with gold or silver. Bad idea.

Please, explain to me how that was a bad idea.

“It was a huge crash, and the beginning of the longest depression in American history,” Gordon says. “It actually lasted six years before the economy began to grow again.”

That crash is what we would call a market correction. In essence the value of land was much higher than the market could bear due to government distortion (printing money to buy up land, thus artificially increasing demand and therefore value). This is exactly what happened with the housing market and is currently happening with the education market.

By demanding all land purchases be made in silver and goal Jackson was saying the states had to give something of value instead of worthless paper they could simply print up willy nilly. The crash wasn’t due to the requirement of using gold and silver, it was a demonstration of the fact that land wasn’t worth what people were selling it for.

Let’s use another example because I love examples. Due to some fortune vendors have decided to accept paper notes you print off in exchange for goods. At first you decide you want to maintain your purchasing power so you only print 100 notes. You also don’t produce anything besides these notes so at one point you run out of these notes and come to a crossroad; in one direction you have to get a job and start producing while in the other direction you simply print more of these notes. Being lazy you go with the easy method of print more notes. Seeing how easy this really is you start printing vast numbers of these notes and buying up as much product as you can. Unfortunately the massive influx of new notes has made them easier to come by, which fills demand, which reduces the value of each individual note (supply and demand). As each note is worth less value people who have them are able to buy less, unless they control the printing press and can simply punch up more paper!

Inflation is a delayed phenomenon. The first receiver of the printed money has vast purchasing power because the notes haven’t entered the market yet and thus haven’t increase the supply (and therefore reduce demand). Therefore the first person to receive these new notes is able to buy products at their current market value at which point the notes enter circulation. Now that those notes are in circulation the supply has increase and thus the individual value of each note is reduced.

Gold and silver can’t simply be printed up and they’re both used in actual manufacturing so the supply of money stays relatively stable. Thus gold and silver (which aren’t the only commodities you can use for money) are good to use for money as their supply remains relatively constant, which keeps inflation in check.

Now you know why fiat money is bad.

Salon, Again, Attempts to Slam Ron Paul But End Up Looking Ignorant

Take it away Rothbard:

Due to general economic ignorance I’m getting my milage out of that image. Salon is a giant progressive circle-jerk publication that spends a great deal of time espousing ideas without actually understanding them. While the publication is generally anti-war, a position I greatly agree with, their writings on economic subjects demonstrate a complete ignorance on the subject. Writers as Salon have latched onto the occupy movement and are attempting to demonstrate their complete support of the “99%.” Their hatred of everything liberal (using the classical definition of the word of course) is constantly seen in every article they write, which is why I’m not surprised they spent so much time writing a hit piece on Ron Paul. I call it a hit piece because the accusations they make are entirely false or stem from ignorance:

So there’s no question that there’s a lot to like in Paul’s foreign policy positions, if you’re leaning to the left. The problem is that Paul is less of a 21st century dove than he is a throwback to the isolationism of the early to mid-20th century, in which fear of foreign entanglements was embraced by the hard right — with all that came with it.

Isolationism is not noninterventionism. Ron Paul is a noninterventionist, a belief that American should stick to minding its own business but willingly engage in free trade with other nations. On the other hand isolationism is the belief that no interaction between your nation and foreign nations should occur. The difference may seem minor but it is in fact quite stark as noninterventionism is simply a removal of one’s self from the political affairs of another. Using the interaction between individuals as a demonstration isolationism would be you refusing to interact in anyway with a neighbor who is of a different religion while noninterventionism would be you interacting with your neighbor but simply not involving yourself with his religious beliefs. Our interventionist foreign policies, waring with anybody and everybody who doesn’t do as we command, is what lead to a great deal of strife in this country. I’ve dwelled on this point long enough and this article is a vast smorgasbord of stupidity so let’s move on:

Paul is, in fact, the closest of all the GOP candidates to carrying out the anti-government policies Rand advocated.

Any Rand wasn’t anti-government, she believe there needed to be a government for military protection of the citizenry. Murray Rothbard on the other hand is a true enemy of the state. I admit stating this has no point in regards to this post, I just wanted to say it, but it would do well if writers at Salon used proper examples when making broad statements.

His “restore” plan embraces the kind of deprivation that Rand’s Objectivist philosophy would impose on America, and would enact a fundamental change in the role of government that the radical right cherishes.

Depravation? You keep using that word. I do not think it means what you think it means. Deprivation implies corruption which is what our government currently has in spades primarily due to the vast amount of power they wield. Taking power away from government reduces their ability to act on the corrupt desires of politicians. It’s becomes far more difficult to extort money from a businessman if that businessman’s company doesn’t fall under government regulations. Likewise government actors have less to offer private actors in exchange for favors and political contributions further reducing the corruption when reducing government power. Reducing government power as expressed by Ayn Rand wouldn’t submit the American people to more corruption, it would reduce it.

No more aid to education. Goodbye, Department of Education.

The Department of Education doesn’t aid education, they redistribute money based on performance of students and willingness of schools to adhere to government mandated educational points. Our system is rather convoluted in the United States as each state is required to pay money to the federal government but that money is not returned proportionale. Minnesota is one of the states that pays more to the federal government than it receives back. In the case of education the amount of money you receive back from the federal government is based strongly on the performance of students on standardized tests (No Child Left Behind is one of many pieces of legislation that regulated this). Students who perform well on mandatory tests earn more money for their schools while schools with lower average student scores on these tests receive less money.

While many people claim such a system rewards high performing teachers what it really does is encourages teachers to teach students how to memorize facts. Teachers spend a great deal of classroom time drilling specific facts into the heads of students instead of educating them on matters not found on standardized tests. This style of “teaching” has another side effect, students become very good and simply memorizing facts but are unable to critically think to come to their own conclusions. Our education system basically stomps out creativity and attempts to churn out cookie cutter factory workers.

Since students living in poor regions generally do worse on these standardized test than students in wealthy regions these policies negatively affect the poor.

No more government-subsidized housing. Goodbye, Department of Housing and Urban Development.

Government subsidized housing is another example of an idea proclaimed to help the poor but in reality only serves to hurt them. How so? When government injects money into a market they artificially raise the price (something people are witnessing with education at the moment). A house worth $50,000 on the free market becomes worth $100,000 (I’m using arbitrarily selected numbers for example purposes) since the builders are able to get $100,000 for the home. Prices are set based on what the market will bear, if your price is too high you will fail as nobody will buy your product. Governments are not subject to pricing though as they obtain their money through coercive methods and thus can pay whatever the asking price is. Builders knowing this will increase their bid to construct a building when they know the government is footing some or all of the bill.

This type of cost inflation is far more notable with defense contractors. Even though the government goes with the lowest bidder every bidder knowns this and knows their competition is likely increasing their bid by a large amount so they also increase their bid by a large amount (just not as large an amount). Thus a hammer that costs $2.50 to make can cost the government $100.00 to buy.

Subsidized housing only harms the poor as it increases the cost of houses through government distortion.

No more energy programs. Goodbye, Department of Energy.

Damn, whatever shall we do with no more cases like Solyndra?

No more programs to promote commerce and technology. Goodbye, Department of Commerce.

Without programs to “promote” commerce how will we promote the Christmas Tree industry after charing additional taxes on each tree? We don’t need government to promote commerce and technology, companies do a fine job of this through marketing already.

*No more national parks. Goodbye, Department of the Interior.

I wonder what that asterisk is supposed to denote. Maybe a footnote is missing? Perhaps a footnote stating national parks are also control by the United States National Park Service making the Department of Interior redundant in this case? Who knows, the author never actually inserted the footnote.

His opposition to the very existence of the Federal Reserve — he wrote a book titled “End the Fed” — is straight out of Rand, as is his promotion of the gold standard.

Paul would not reform the abysmally flawed and underfunded Securities and Exchange Commission, he would eliminate it. The only agency of the federal government that stands between the public and greedy bankers and crooked corporations would be gone.

I can’t believe I just read that. The author claims the Securities and Exchange Commission is the only agency that stands between the public and greedy bankers but also implies Dr. Paul’s desire to end the Federal Reserve is somehow bad (by proclaiming the ideas expressed by Ayn Rand are bad for American and ending the Federal Reserve is something Rand believed in).

The Federal Reserve is the enabler of bankers. Our glorious Federal Reserve was created by bankers during a secret meeting on Jekyll Island and today bankers make up a majority of the board of directors. Ending the federal reserve removes the teeth of the bankers and thus claiming Ron Paul is an enabling of bankers while trying to eliminate the federal reserve is a logical fallacy of astronomical proportions.

And this is but the beginning of the shower of blessings that would rain down upon the very richest Americans. He would end the income tax, thereby making the United States the ultimate onshore tax haven. The message to both the Street and corporate America would be a kind of hyper-Reaganesque “Go to town, guys.” With income, estate and gift taxes eliminated and the top corporate tax rate lowered to 15 percent (and not a word about cutting corporate tax loopholes), a kind of perma-plutonomy would come to exist in the land — to the extent that there isn’t one already.

Because having people put their money in the United States is a bad thing? I fail to see how promoting business by reducing the mount of money stolen from them by the government each year is a bad thing. Note the author next explains how lowering the income tax would hurt the little guy who would also be keeping more of their money instead of forfeiting it to the government. The author also makes the accusation that reducing corporate income tax would create a perma-plutonomy without justifying the accusation. A plutonomy, according to the link in the article, “is a form of capitalism that is designed to make the rich who control a nation’s government and its economy—aka, the plutocrats—even richer. ”

Once again how do the rich control the United States government and the economy? Through the Federal Reserve. Obviously the author lacks any understanding of what the Federal Reserve is or does.

Despite all its window-dressing and spin, the heart of every libertarian plan for this country is a kind of mammoth subtraction: making deep cuts in programs benefiting millions of Americans, out of a belief that such programs are morally wrong. Restoring America is a moral statement, an enshrinement of the Randian belief that aid to one facet of the population (the poor) is really “looting” of resources from other facets of the population (the wealthy).

The author never attempts to argue against this libertarian belief, probably because it’s entirely true. Taxation is theft and is opposed by libertarians because it violates the non-aggression principle. Truth be told millions of American would benefit if the government simply walked into Bill Gate’s home, stole all of his money and belongings, and redistributed them among millions of other Americans. Then again every American would suffer as entrepreneurs would flee this country for fear of having their wealth confiscated for being successful. Our country would be a far bleaker place had the Henry Fords, Steve Wozniacks, and other successful inventors been in other countries.

Ayn Rand believed that there is no such thing as a “public,” and that the public was a collection of individuals, each having no obligation to the other. So when you read through this budget, and see the deep cuts in food stamps and child nutrition, what you are seeing is an expression of a philosophy that is at odds with the Judeo-Christian system of morality embraced by most Americans.

Emphasis mine. How is advocating charity and mutual aid in conflict with traditional Judeo-Christian beliefs? While theft is opposed by most Christian, and is even against one of the ten commandments, voluntary giving to help others is advocated as a great thing. Eliminating government programs reduces theft and doesn’t oppose charitable contributions or mutual aid. Pro tip to the author, religions is a tricky beast and can easily been used for argue both sides of the same point so it’s best to avoid using it as justification for any non-theological debate.

What I’ve just described is many things, but it is the very antithesis of the values of Occupy Wall Street, which is based on opposition to the prerogatives of the top 1 percent at the expense of the 99 percent.

So by taking away power from the “1%” Ron Paul is somehow against the prerogatives of the “99%.” Interesting indeed.

No, strike that. His positions are scary only if you know what they actually are, and not how he spins them.

Actually his position are only scary if you don’t know what they actually are.

Man Charged for Advocating Jury Nullification

Julian Heicklen is a good man who has been informing jurors of their right to nullify for some time. Unfortunately for him he’s in the state of New York which isn’t known for their respect of law or rights, which is what has likely lead to his arrest:

Julian P. Heicklen, a 79-year-old retired chemistry professor, has often stood on a plaza outside the United States Courthouse in Manhattan, holding a “Jury Info” sign and handing out brochures that advocate

Emphasis mine. The idea of jury nullification isn’t controversial, it has a long standing precedence in English common law which our system was built upon. Nullification is an extension of the fact that juries can’t be punished for the verdict they deliver. That is to say if a jury finds a defendant not guilty members of the jury can’t be charged with a crime because they ruled in opposition to the desires of the court. Were this protection removed it would effectively eliminate the entire idea behind juries.

Thus jury nullification isn’t controversial but an unpreventable (thankfully) side effect of jury trials. Juries are not required to even justify their verdict hence they could nullify without anybody knowing they did so. In summary nullification is a power juries have by the very fact juries exist. It pisses me off when people claim the idea of nullification is in any way controversial and demonstrates the sheer ignorance of the person making the statement regarding jury trials. The following quote is also golden:

“No legal system could long survive,” they added, “if it gave every individual the option of disregarding with impunity any law which by his personal standard was judged morally untenable.”

Actually our legal system, as well as the legal system of countless other countries, have survived giving every juror the option of disregarding the letter of the law. Again nullification is a power that is granted juries by the very fact that juries can’t be punished for their verdict. Since there has never been a case in the United States (that I’m aware of) where members of a jury have been punished for delivering an “incorrect” verdict and our system is still in operation it’s impossible to claim a legal system can’t survived nullification.

I wish more people were capable of using basic logic and had an understanding of history.

Oracle Submits One of the Dumbest Court Filings Ever Conceived

Oracle is a company I hold no love for. Their products never impressed me (probably because I have no need for a proprietary high-end database system) and I hate what they ended up doing with the products and services they obtained from the Sun Microsystems acquisition. Yet Oracles latest court filing really takes the cake:

Hewlett-Packard has secretly contracted with Intel to keep making Itanium processors so that HP can maintain the appearance that “a dead microprocessor is still alive”, and make money from its locked-in Itanium customer base and take business away from Oracle’s Sun servers, Oracle said in a court filing on Friday.

That’s right, Oracle is throwing a hissy fit because they believe Hewlett-Packard (HP) are secretly floating money to Intel in order to keep the Itanium processo alive. My questions is this: who fucking cares? When one company gives another money in trade for a good or service that is called a transaction. As these transactions are agreements made between two entities neither is obligated to reveal the details to anybody else.

Why is Oracle wasting taxpayer money by bring up the fact HP and Intel do business in court? This isn’t a secret, anybody with an HP computer knows this as it’s advertised by a sticker on the computer that says, “Intel Inside.” If HP is paying Intel money to continue production of the Itanium processor what does it matter? What justification is there for bringing up this fact in court?

Tactics to destroy competition like this is one of the many things wrong with the United States economic system. Were the state controlled courts willing to simply toss this type of stupidity out the door money would be saved but businesses throughout the country and that money could be put to productive use. Instead our economy is so intermingled with government that you can’t make a single move without filling out the correct form in triplicate and getting the expensive rubber stamp of approval. Our court system needs to stop being a mechanism for companies to destroy competition through monetary attrition.

The Need for Decriminalization

I’m sure most people who read the headline assume this post will be about decriminalizing marijuana. That’s not the case specifically, this post is actually about decriminalizing the average American. Wendy McElroy, one of my favorite regular contributors to Mises Daily, wrote a great piece describing the injustice of our so-called justice system. The primary failure of what we call a justice system is the fact that everything today is treated as a criminal offense deserving of jail time:

Between 2.3m and 2.4m Americans are behind bars, roughly one in every 100 adults. If those on parole or probation are included, one adult in 31 is under “correctional” supervision. As a proportion of its total population, America incarcerates five times more people than Britain, nine times more than Germany and 12 times more than Japan.

By contrast, in 1970, less than one in 400 Americans was incarcerated. Why has the prison population more than quadrupled over a few decades? Why are you, as an average person and daily felon, more vulnerable to arrest than at any other time?

Between 1970 and 2010 our country somehow leaped from having one in 400 Americans incarcerated to having one in 31 Americans incarcerated. Between those time periods a similar increase in violent crime isn’t noted so what is the cause? The cause is obvious, the government has continued making mundane behavior criminal:

In some cases, the violated laws are so obscure, vague, or complicated in language that even the police are ignorant of them. In other cases, outright innocence is not sufficient to escape the brutality of detention.

Under English Common Law, which our system was at one time based off of, it was fairly easy for a person to know whether or not they were committing a criminal act. Today you are likely committing three felony level crimes every day and don’t even realize it. Such facts should be disgusting to anybody but the most authoritarian individuals. What kinds of behavior can incite armed government agents kidnapping you and throwing you in a cage? The article gives a couple of downright scary examples:

In 2005, while a passenger in his family car, Anthony W. Florence was mistakenly arrested for a bench warrant on traffic tickets he had already satisfied; the proof of payment he carried was to no avail. During seven days in jail, Florence was strip-searched twice, even though the guards admitted they had no reasonable suspicion of contraband. He was otherwise deprived of rights; for example, guards watched him shower and forced him to undergo a routine delousing.[1]

Eventually released, the attempt to get justice has taken Florence years. On October 12, the United States Supreme Court is scheduled to hear Florence v. Burlington, et al., in which the question is “whether the Fourth Amendment permits a jail to conduct a suspicionless strip search of every individual arrested for any minor offense no matter what the circumstances.”[2]

Even though Florence had paid his traffic ticket and had proof of the payment he was arrested, detained, and forced to submit to acts supposedly reserved for criminals. In this case the whole idea of being innocent until proven guilty was tossed aside, which is becoming the default instead of the exception (when it should never be the case). Another example is given:

Norris was detained for four hours while they ransacked his home and confiscated 37 boxes of possessions without offering a warrant or an explanation. In March 2004, Norris was indicted under the Convention on International Trade in Endangered Species for “smuggling” the orchids he had ordered and paid for to run a side business. Norris was thrown into the same cell as a suspected murder and two suspected drug dealers.[3]

Violations of trade conventions should, at most, be considered civil cases. That is to say the violator should be fined and nothing more. Why? Because somebody guilty of smuggling, unless what they’re smuggling are human beings, is a victimless crime. While I find the act of incarceration an improper response to any crime as it doesn’t help return to the victim what was taken, at the very least it should be reserved for offenses where a victim has been inflicted with some form of violence.

Smuggling a plant does not bring harm to another person so why should it inflict violence on the offender? A third example is given to further express the severity of the situation:

In 2000, a poor kid from foster care named T.J. Hill thought he had found a path to success when he received a wrestling scholarship to Cal State Fullerton. School did not work out, and he was arrested in 2006 for possession of psilocybin (mushrooms).

The kid was put on probation but his troubles were not over:

In November 2008, he left the state and a warrant was issued for his arrest. Although the original charge was minor and no further illegal activity occurred, T.J. was jailed on $100,000 bail to prevent flight risk. His family has spent thousands on legal fees. Now well known for his volunteer work with children, even police officers are hoping T.J. escapes more jail time. As one of them said, “He’s a good guy. He’s changed lives.” Whether he will be allowed to continue doing so or will become dehumanized through a senseless, brutal imprisonment waits to be seen.

Even though his offense was victimless he spent time in jail. Why was his right to travel restricted for the mere act of possessing a verboten substance? Why did his parents have to pay thousands in legal fees to defend their child against a crime where no victim existed? Once again the possession of a verboten substance should, at most, be treated as a civil offense punishable by fine (although I firmly believe what you put into your body is your business and possession and/or consumption of a verboten substance shouldn’t be punishable in any regard).

These are only three examples in a sea of such cases. What is needed to a reform of our erroneously labeled justice system. We need to go from a system designed to exact punishment on the average person to a system where victims are properly compensated by their aggressor and crimes without victims no longer be considered crimes:

Libertarianism has evolved sophisticated theories of what constitutes a proper justice system and how to implement it. One of the most popular theories is based on restitution, rather than retribution or punishment. Restitution is the legal system in which a person “makes good” on a harm or wrong done to another individual and does so directly; if you steal $100, then you pay back $100 and reasonable damages directly to the victim of your theft. You do not pay a debt to society or to the state by going to prison. You do not undergo “punishment” other than the damages assessed. You make your victim “whole” — and, perhaps, a bit more for his trouble.

The article describes several steps in the correct direction, one of which I believe needs emphasis:

A sunset provision attached to all new or amended laws. This is a clause that provides an expiration date for a law unless action is taken to renew it. Today most laws are in effect indefinitely.

One of, if not the, biggest problem with our current justice system is the insurmountable number of laws and regulations on the books. Lawmakers have no quarrel with passing new laws or regulations as they never have to deal with the consequences nor concern themselves with the aftermath. If each law had to be revisited periodically (I would say put the span of time at one year or less) and have its continued existence justified by debate after the consequences had been noted I believe the number of laws on the books would be greatly reduced. If for no other reason than the fact lawmakers would have no time to create new laws if they were constantly debating renewal of existing laws.

A Disgusting Use of Force

I’m sure most of you have seen the video of the police officer pepper spraying a group of peaceful protesters at the University of California Davis:

As is usual when an officer is caught doing something naughty this officer has been put on leave and will likely resume his duties after this entire mess has blown over.

The divide between those who support and oppose the occupy movement is great and I’ve seen many of those in opposition saying the protesters got what was coming to them. To that I say bullshit. Whether you agree, disagree, or simply don’t care about the occupy movement it should be appalling to you that police officers would use force on non-violent protesters. These protesters were literally sitting with arms linked while the police decided it would be justified to first induce pain and then remove the offending individuals. Such gross displays of power make me sick.

The Constitution of the United States specifically declares the right of the people to peaceably assemble. Much of the time I spent writing has been directed at the Second Amendment but I believe all rights ascribed in the Bill of Rights must be equally defended. The University of California Davis is public property and the students were exercising their right to peaceably assemble. There is no excuse for the use of pepper spray in this instance yet here it is, and what makes me even more sick is that people are laughing about it. Somebody made an picture that perfectly described this scene:

That picture perfectly demonstrates the fact that pepper spraying non-violent individuals violates everything this country was founded on. It shouldn’t matter if you disagree with the occupiers, I disagree with a huge number of them myself, the actions taken by the officer should be appalling to any decent human being. Had the police simply arrested the protesters that would have been one thing but to actively enact pain upon them while the protesters themselves were enacting no pain on others is an escalation of force. Were I to do something similar to protesters on my property I’d likely be prosecuted.

When members of the occupy movement say something you disagree with then by all means speak out and explain why their statement is wrong. Many members of the occupy movement have advocating violence with such statements as expressing a desire to bring back the guillotine and those people should certainly be shouted down. Yet we must also realize that the First Amendment was put into place to protect unpopular speech as popular speech is in no need of protection.

Those who express a desire to protect the rights supposedly guaranteed by the Constitution should put aside their philosophical difference in this regard and contest the actions of police officers using force against those exercising their rights. Large number of occupiers are misguided but they still deserve equal rights under the law.