The Mythical Five Percent

One of the reasons that I have a hard time taking political libertarians seriously is because many of them operate in a fantasy land where the electoral process is fair and the only thing needed for another party to gain prominence is hard work. Take the Libertarian Party struggle to reach the mythical five percent of votes. Many political libertarians naively believe that if their party can get five percent of the national vote that their party will be granted federal campaign dollars. But that’s not how the political process works. Washington is giving us a glimpse of what will happen if the Libertarian Party ever obtains anywhere near five percent of the national vote:

In order to gain gain major party legal status in the state of Washington, the Libertarian Party needed to get 5 percent of the vote in the presidential race. As the final counting for the state dragged on for weeks, the state party looked on eagerly as it seemed they’d just make the cut.

And indeed, according to the public data on the Washington secretary of state’s website on election results, they did! 5.01 percent as of this morning for Gary Johnson for president in that state. Seeing this, Ballot Access News thought major party status was a done deal.

But you didn’t think the state would make it that easy, did you? This week, as later reported in Ballot Access News, the secretary of state Kim Wyman announced that the L.P. did not in fact qualify.

Why? Because that public total doesn’t include the sacred-to-Washington-process write-in vote.

This is despite the fact, as Winger reports, that the state has never even announced any counts of such votes for the past 24 years. But Wyman insists that including the write-ins will be done, and will dunk Johnson’s percentage below 5.

This is another example of the layers of protection that exist within the State to protect it from unwanted influence. In this case the write-in votes, which haven’t been counted in almost a quarter of a century in Washington, appear to be the layer of protection against the Libertarian Party achieving major party status in Washington. Once major party status is denied to the Libertarian Party the politicians of the state will likely pass a law upping the required percentage to 10 percent or more to protect against this kind of thing happening again.

Politics by its very nature is a practice of deception, lies, and changing rules. Libertarianism is an anti-statist philosophy, which means it will never achieve success in the political realm.

You Can Have Either Guns or Cannabis in Minnesota

Minnesota’s medical cannabis laws are, to put it nicely, absurd. Instead of legalizing cannabis across the board like Colorado, the Minnesota legislative and executive branches allowed law enforcement to effectively write the initial bill. The result was a bill that allowed patients with very specific conditions to access cannabis at prices that today remain artificially inflated due to the government granted duopoly of approved growers. Now that the bill is through minor tweaks are being made. One of the tweaks is adding more approved conditions to the list. Recently post traumatic stress disorder (PTSD) was added to the list:

ST. PAUL, Minn. (KMSP) – The Minnesota Department of Health on Thursday announced the decision to add post-traumatic stress disorder (PTSD) as a new qualifying condition for the state’s medical cannabis program.

PTSD was one of 9 conditions considered for addition this year, including depression, arthritis, autism, diabetes, insomnia, schizophrenia, phantom limb syndrome and Ehlers Danlos Syndrome – a genetic disorder that can affect the joints and skin.

I bring this up primarily because it’s an interesting intersection of cannabis and gun laws, especially for one beloved group of individuals that commonly suffer from PTSD and enjoy shooting sport: veterans. Unfortunately, due to the disagreement on cannabis between state and federal governments, using cannabis in a state where it’s legal means you lose your gun privileges. In fact the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) recently updated Form 4473 to clarify this. In Minnesota, unlike states that have completely abolished cannabis prohibition, you have to register as a patient with the state, which means that it only takes one agency communicating with another to list you as a prohibited person in the National Instant Criminal Background Check System (NICS).

So now those veterans who suffer with PTSD and enjoy shooting sports have a choice to make. They can either treat their condition or they can own firearms. At least legally.

Illicit cannabis dealers are still happy to provide their product to people suffering from PTSD without requiring any registration with a government agency that might report them to the ATF. The lesson here is that if you’re suffering with any of the approved medical conditions that allow you to legally buy cannabis in Minnesota buy your cannabis illegally instead.

Debating the Important Issues

The politicians in Minnesota always prioritize the important issues. While this fine state is facing several minor issues such as skyrocketing health insurance costs, stupidly high taxes, and the idiocy of the medical cannabis law that was written in a way that ensures the continuation of the drug war there is a very sinister issue facing us: senators can’t drink water on the floor:

Early in the upcoming legislative session, the Minnesota Senate will again take up an issue sure to spark debate and division among its members: whether to allow senators to drink water while on the Senate floor.

The upper chamber of the Legislature has long prided itself on tradition and a particular view of decorum. Senators are banned from looking at each other during debates, and are required to instead look only at the president of the Senate while speaking. Men — including both senators and members of the press — are required to wear a jacket and tie on the Senate floor, while women have less specific rules but are expected to dress professionally. Anyone on the Senate floor is banned from bringing in food or beverages, including water.

Supporters of the rules, who have continually voted down attempts to change them, say they are needed to enforce order — and protect the Senate’s antique desks from water damage.

I hope these senators come to their sense and realize that the wisdom of the no water rule is so self-evident that the only sensible choice is to expand it beyond the floor. The no water for senators rule should be expanded to encompass the entire state. Imagine how much better this state would be if elected senators were never allowed to drink water. Minnesota’s most significant problems would be solved in approximately three days!

Paving the Way for Trump

The once positive aspect of Trump being elected, other than the fact that I can actually still find standard capacity magazines, is that self-identified leftists are learning the value of limited government (don’t worry, I’m sure this will pass when their guys gets in just like last time). They’re finally understanding some of the threats that libertarians have been warning about for decades. Adding insult to injury, their guy that currently occupies the Oval Office is busy paving the way for Trump:

For years now, we’ve written about how the Obama administration has regularly rewritten the dictionary in order to pretend that the Authorization to Use Military Force (AUMF) hastily granted by Congress in the wake of 9/11 enabled him to go to war with basically anyone. If you don’t recall, the AUMF granted the President the power to use “all necessary and appropriate force” to go after those who “planned, authorized, committed or aided the terrorist attacks that occurred on September 11, 2001.” That’s already fairly broad, but over the years basically our entire government has pretended that (1) the AUMF included the ability to also target “associated forces” (even though it does not) and (2) it allowed the President to simply lump in anyone he wanted as an “associated force” allowing him to bomb them without any Congressional authorization. This is how you get a war without end, in which the explicit authorization to go after Al Qaeda is now being used on a surprisingly long list of groups that didn’t even exist in 2001.

And, just a few days ago, President Obama expanded the list yet again, allowing himself to go after yet another group: Shabab. Now, no one is trying to claim that Shabab, or ISIS or any other group that has been added to the list aren’t out to do serious harm to the US. But, this seems to go way beyond the basic functions of the office of the President and the simple Constitutional requirement for Congress to declare war.

If you mistakenly believe that the Democratic and Republican parties are opponents then you may find Obama’s actions a bit confusing. After all, why would he further expand presidential powers if he knew somebody like Trump was going to take the office in a month? The fact is that both parties are on the same side, which is a fact missed by self-identified leftists.

Remember when George Bush Jr. was in office? As he declared war on Iraq, signed the PATRIOT Act, and otherwise expanded the State’s power the anti-war left was having fits. They were actively out protesting. In fact public opinion was enough against Bush’s actions that Obama was able to openly campaign against those powers. During his first presidential run Obama promised to end the wars, curtail the State’s war powers, close Guantanamo Bay, and much more. Then he was elected. He followed through with none of his promises. In fact, he expanded the number of countries that the United States was bombing and further expanded the powers that Bush’s started implementing. Unfortunately, because their guy was in office, the anti-war left vanished. And now their guy is further expanding the powers of his office even though it will soon be occupied by somebody from the other team.

The anti-war left starting to come out of the woodwork again because their guy won’t be in power for much longer. But they’ll vanish again when their guy gets back in the White House. So long as you allow yourself to believe that the Democratic and Republican parties are opponents you’ll be suckered into a vicious cycle that requires willfully ignoring horrendous acts when somebody you side with is performing them and strongly protesting the very same acts when somebody you don’t side with is in power. If you have any principles at all you need to abandon this infantile notion that there are two major political parties in this country and accept the fact that both parties are working together to solidify their power.

Jurisdiction is Dead

It seems like every cop show or movie involves the protagonist’s very competent and morally upstanding department fighting with an incompetent immoral law enforcement agency over jurisdiction. Eventually this fight is taken before a judge who rules in favor of the protagonist’s department.

Jurisdiction is supposed to curtail the power of any single agency by only granting them a specific area in which they are allowed to operate. That concept has been dying as the federal government has continuously expanded its jurisdiction. But today that concept of jurisdiction died completely:

Democratic Senator Ron Wyden attempted three times to delay the changes, which will take effect on Thursday and allow U.S. judges will be able to issue search warrants that give the FBI the authority to remotely access computers in any jurisdiction, potentially even overseas. His efforts were blocked by Senator John Cornyn of Texas, the Senate’s second-ranking Republican.

The changes will allow judges to issue warrants in cases when a suspect uses anonymizing technology to conceal the location of his or her computer or for an investigation into a network of hacked or infected computers, such as a botnet.

Magistrate judges can currently only order searches within the jurisdiction of their court, which is typically limited to a few counties.

This rule change, as most expansions of governmental power are, was ultimately justified by a crime that almost everybody agrees is heinous. The Federal Bureau of Investigations (FBI), using a child pornography site it was hosting, ended up hacking computers in 120 countries off of a single warrant so the question of jurisdiction came up. Instead of slapping the FBI down to protect everybody’s civil rights (because these powers start with heinous crimes but end up being using for petty crimes such as cannabis usage) the rules were changed to make any future shenanigans like this completely legal.

Of course, this is nothing new. The State always rewrites rules that it finds inconvenient. This is the reason why the idea of a limited government is a fairytale.

Layers of Protection

I’m sorry to have to be the one to tell you this but the political process is not an effective means of changing the system. Welcome to the universe, it’s a harsh place that doesn’t care about your hopes and dreams.

Politicos mistakenly believe that if they can get the right person in the right office that the system can be changed for the better (here “better” means whatever political aspirations the politico has, not what is actually better by any sane definition). But it’s a naive belief. Politicians are only one layer in a multi-layer system that has been built up over the centuries to protect and expand the State.

Take something as simple as a sheriff’s office. You might think that electing the right sheriff will get all of the bad apples in that department fired. Were the sheriff the only layer of protection that could be the case but even a county sheriff’s office has multiple layers of protection that ensure the State’s expropriators are protected against the consequences of their actions:

A northern Minnesota sheriff’s office has been ordered by a labor arbitrator to reinstate a deputy back to the force after being fired for a 2015 DUI conviction, according to public records.

Mahnomen Count Sheriff’s Deputy Richard Ohren and his union, Law Enforcement Labor Services, Inc., successfully fought the firing, leaving county officials angered and forcing the sheriff to find a non-investigative role for him.

Today, despite his driving record, Ohren is transporting jail inmates around northern Minnesota in a sheriff’s vehicle, not being assigned to respond to 911 calls or crimes due to his credibility being subject to question should he ever have to testify in court.

While Ohren must blow into a breathalyzer before he can start his car going to and from work, the deputy doesn’t have to when he is driving on county time.

In this case a sheriff’s office fired a bad apple but Minnesota’s law enforcer’s union stepped in, fought the firing, and managed to get the bad apple reinstated. Here the union acted as a second layer of protection for the officer.

This complexity is rampant within the State. It ensures that no single individual within the system can make any meaningful changes. It also means that electing the right person to the right office won’t accomplish anything unless that person intends to expand the State (because then they’re working with the various layers of protection, not against them).

When people hear the phrase “A system of checks and balances.” they believe that those checks and balances are meant to limit the power any politician has. In reality those checks and balances are against any forces that would threaten the State’s power.

The Hierarchy of Symbols

Another day, another stupid political controversy. This time the controversy involves that symbol everybody loves to lose their shit over, the flag of the United States of America. Donald Trump tweeted that he thinks flag burners should be punished, which is yet another position he shares with Hillary Clinton. As expected, neocons have been jumping for joy at his proposal.

The nation’s skycloth is a symbol and as George Carlin once said, “I leave symbols to the symbol minded.” I’ve never burned a flag nor do I worship it. Another symbol of the United States of America is the Bill of Rights, which is a list of amendments that granted temporary privileges. The very first amendment states that freedom of expression is a protected right. So what we have here is an argument over which symbol sits higher on the Hierarchy of Symbols.

What takes precedence, the nation’s skycloth or the list of temporary privileges? I don’t really care what anybody’s answer to that question is but I feel that it’s important to clarify what people are actually arguing about.

Who Would Have Guessed

Americans love torture. Republicans are at least honest about this as they campaign to bring back waterboarding but the Democrats love it as well so long as their guy is in charge of it. During the campaign Donald Trump stated that he wanted to bring waterboarding back. Hopefully he changed his mind about that though. Waterboarding was one of the things discussed in Trumps meeting with James Mattis and Mattis pointed out the bloody obvious:

Trump said that the advice from Mattis, a front-runner for the defense secretary post in a Trump administration, would weigh heavily on whether he will go forward with campaign pledges to bring back waterboarding and torture in interrogations by the military and the CIA.

In his meeting last week with the man he calls “Mad Dog Mattis,” Trump said he asked, “What do you think of waterboarding? He said — I was surprised — he said, ‘I’ve never found it to be useful.’ ”

Trump said Mattis told him, ” ‘I’ve always found, give me a pack of cigarettes and a couple of beers and I do better with that than I do with torture.’ “

Who would have guessed that treating somebody at least somewhat decently would net you more reliable information than beating them until they told you what they thought you wanted to hear in the hopes that you’d stop beating them?

Statists seem to believe that if violence isn’t solving your problem then you’re not using enough of it. But violence doesn’t solve all problems. For example, if you want to get reliable information out of somebody beating it out of them isn’t the way to go. When you start beating them they will simply tell you what they think you want to hear, not what is truthful. On the other hand, if you build a relationship with them that makes them feel positive about you then they’re more apt to give you reliable information because they like you and want to make you happy. It’s the same reason why bombing a people until they like you is much more difficult than establishing positive business relationships with them via trade.

Fuckin’ Prices, How Do They Work?

Today is Cyber Monday, which may have been the first in a long list of regular words to get the word “cyber” needlessly tacked onto it. While people do their cyber shopping on Cyber Monday for cyber deals they may ask themselves, why the fuck can I order a big screen television for a few hundred bucks but can’t even get a simple medical diagnosis without blowing through my deductible? The answer to that, as with the answer to most economic questions along those lines, has to do with government granted monopolies:

Take a look at this chart assembled by AEI. It reveals two important points. First, there is no such thing as an aggregate price level, or, rather what we call the price level is a statistical fiction. Second, it shows that competitive industries offer goods and services that are falling in price due to market pressure. In contrast monopolized industries can extract ever higher rents from people based on restriction.

There’s no such thing as an aggregate price level? Next you’ll tell me that gross domestic product is a made up number as well!

If you click on the link and look at the chart you’ll see that prices for college tuition, textbooks, childcare, and medical care have been increasing rapidly whereas the prices for television, toys, software, and wireless services have been decreasing rapidly. The difference? The goods and services that have been increasing in price are all monopolized or otherwise heavily restricted by the State whereas the goods and services that have been decreasing in price all exist in markets with an extremely high level of competition.

The takeaway from this is that there is a vicious cycle when it comes to prices and the State. When prices go up people demand that the State intervene to bring prices down. Usually it was the State’s involvement that caused the prices to go up in the first place and if people get what they want the prices will go up even further as the State gets further involved. With the ramifications of the Affordable Care Act (ACA) becomes apparent many people are demanding the State step in to fix its mess. But most people aren’t demanding that the State decrease its involvement in the healthcare market. Instead they’re demanding that it further increase its involvement by implementing a single payer system. In other words, people are demanding that the vicious cycle be continued and if it is (which it almost certainly will be) we’ll see healthcare prices jump even higher (but those increases will probably be hidden in payroll taxes so most people remain ignorant of them and thus believe that the problem was solved).

The Totality of the Situation

The line separating lethal and nonlethal force seems clear enough. Something that has a high probability of killing somebody, such as a gun or knife, is lethal whereas something that has a low probability of killing somebody, such as a punch to the gut or pepper spray, is nonlethal. But all too often people don’t consider the totality of the situation (a favorite phrase of cop apologists trying to excuse what appears to be obviously egregious behavior by an officer). Consider this story about the pipeline protests in North Dakota:

Tear gas was used to disperse a crowd of 400 protesters at the Dakota Access Pipeline late Sunday after clashes that authorities described as a “riot” prompted by “very aggressive” activists.

A law enforcement officer was hit on the head by a thrown rock during the confrontation, Morton County Sheriff’s Office said in an update at 1 a.m. local time (2 a.m. ET).

Videos posted to Facebook by activists showed authorities spray a continuous stream of water over demonstrators in below-freezing temperatures but sheriff’s spokesman Rob Keller told NBC News that no water cannon were deployed. He said the water was being sprayed from a fire truck to control blazes as they were being set by activists.

[…]

“Officers on the scene are describing protesters’ actions as very aggressive,” the release noted. “In order to keep protesters from crossing the bridge, law enforcement have utilized less-than-lethal means, including launching CS gas.”

In spite of what the police claimed, the videos and images from the protest make it clear that they were deliberately spraying the protesters with water cannons, not putting out fires. Even considering that normally water cannons are considered nonlethal because spraying somebody with a water cannon isn’t likely to kill them. However, at the time of this police action temperatures in the area were below freezing and anybody who lives up here in the northern states knows that hypothermia can become lethal quickly.

If we’re supposed to consider the “totality of the situation” when police officers do something seemingly terrible then police officers should be held to the same standard. Driving out firetrucks with the intention of spraying down protesters in below freezing weather is lethal force. The officers might as well have opened fire with rifles. They certainly don’t have grounds to claim they were utilizing less-than-lethal means.