Category: Civil Liberties

What is the most common fear of Americans in the age of Obama?

When Americans was surveyed about their greatest fears, the survey found the top issue was corrupt government.

The researchers asked a random sample of 1,541 adults to rate the level of fear for 88 different fear options across a variety of domains (like crime and natural disasters). Based on their findings, here were the top 10 fears for 2015:

• Corruption of government officials (58.0%)
• Cyber-terrorism (44.8%)
• Corporate tracking of personal information (44.6%)
• Terrorist attacks (44.4%)
• Government tracking of personal information (41.4%)
• Bio-warfare (40.9%)
• Identity theft (39.6%)
• Economic collapse (39.2%)
• Running out of money in the future (37.4%)
• Credit card fraud (36.9%)

I wish this was something we could just joke about, but I am actually surprised that the number of people that are aware of how corrupt our government has become – willy nilly enforcing laws to benefit the connected few and screwing everyone else over – was so low. And I am certainly not saying that republicans can’t be corrupt, but they are amateurs when it comes to taking government criminal activity to the levels democrats do, and then, they can’t even compete when you put them against the shit done by this administration and the sycophants that help do its dirty work for them.

Notice what was definitely missing? Panic about the collectivist manufactured “Gaia is going to burn up and drown us all unless you allow us to turn you peasants into serfs of an almighty state” big government types that want to sell the AGW fiction needed to scare people into giving up their rights and money.

Brown: Die, But Don’t Try

A couple of weeks ago, California governor Jerry Brown signed a “right to die” bill that gave Californians the right to get lethal drugs if they wish to end their life. I am mildly supportive of this. I think people have the right to their lives but am uncomfortable with doctors being involved in the process.

This week, Brown vetoed a bill that would have let terminal patients petition drug companies to use experimental or unproven medications. In vetoing it, Brown said that the FDA already allows compassionate use. But 24 states have over-ridden that process because the FDA is slow and cumbersome in its compassionate use. It doesn’t do a patient much good to get permission to use a drug is he’s dead by the time the approval is granted.

Wesley Smith says it perfectly:

Good grief: A “right to die,” but no “right to try and live.”

I honestly don’t what Brown is thinking. I’ve liked some of this recent vetoes, including one where he noted that the legislature was criminalizing things that were already illegal. But this one is mystifying.

(In other news, Brown also approved a law banning conceal carry from college campuses. This also makes no sense. Conceal carry holders, especially in California, are the model of what the Left claims they want: carefully vetted registered gun-owners who have a very low rate of criminal activity. I think the veto — and ongoing protests in Texas against conceal-carry on college campuses — reveals that carefully vetted licensed use of weapons is not what the Left really wants. The more this debate drags out, the more I think it’s a part of the Culture War: one side wants an America with a culture of guns; the other wants that culture abolished.)

Update: Orac makes the case against right to try laws. I’m finding his reasoning weak, paternalistic and motivate heavily by his distaste for the Goldwater Institute. But it’s the best reasoning I’ve seen so far.

Seize the Legislature

I’ve made it clear many times: asset forfeiture is one of the most vile things our federal and state governments do. This is the process by which law enforcement seizes people’s money, homes, cars and other assets and … well, sometimes that’s it. Sometimes they charge them with a crime … eventually. Some states have tried to reign it in, but the Feds have created an “equitable sharing” program in which law enforcement can bypass state regulations by having a “joint investigation” with the Feds. They turn over the money to the Feds, who take a cut and then give the rest back. The wonderful Institute for Justice calls this “policing for profit”.

If this sounds like a criminal enterprise it should. Entire sections of highway have now become revenue streams for law enforcement. And I’ll give you three guesses as to the skin color of the people this happens to the most often.

Earlier this month, California tried to pull the plug on this literal highway robbery. Yesterday, that effort collapsed:

Yesterday, California Senate Bill 443 went down in flames in the state’s Assembly. The bill, sponsored by Democrat Holly Mitchell in the Senate and Republican David Hadley in the Assembly, would have reformed the state’s asset forfeiture regulations to require that police and prosecutors actually convict citizens of crimes before seizing ownership of their assets to spend on themselves.

Imagine that. Almost as if no one should be deprived of life, liberty, or property, without due process of law.

The bill originally passed overwhelmingly in the state Senate earlier in the year, but then police and prosecutors got wind of it and began a campaign of fearmongering against it, telling legislators it would threaten budgets and would cut law enforcement out of the federal asset forfeiture sharing program. The law had been stripped down so that the state would be able to continue participating in the federal program, but even that wasn’t enough. It didn’t even get close to passing the Assembly.

Here’s my proposal. The citizens of California should seize the assets of every legislator who voted against this bill under suspicion of corruption. After all, this is the body that once included Leland Yee, who has now pled guilty to racketeering charges that involved bribery, gun-running and money laundering. Under the rules of engagement that the legislature is clearly comfortable with, any legislator with a lot of money should be presumed guilty, his assets seized and onus put on him to prove his innocence.

Hey, fair is fair, assholes. If you’re going to treat the common citizen like walking law enforcement piggy banks, it’s time you ponied up too.

BLM Proposes

Last week, I agreed with Hillary Clinton that if Black Lives Matter wanted to make a difference, they needed to propose actual laws and policies, not just “raise awareness”. This week, they’ve come out with a list of proposals and … it’s actually pretty reasonable. They propose things like better police training, an end to asset forfeiture and broken windows policing, independent investigation of police shootings, body cameras. There are a few things I would disagree with but, overall, this is pretty mainstream and in line with what many conservatives have been talking about, especially asset forfeiture reform and demilitarization.

Radley Balko notes that while these proposals are reasonable, they are likely to portrayed as radical by police unions who are used to having the media and politicians mindlessly parrot their spokesmen. But:

There is at least some reason to be more optimistic this time around. The main reason is that the problems in policing are starting to affect people who have the status and power to do something about them. One reason we’re starting to see conservative opposition to police militarization, for example, is that police militarization is starting to affect conservatives. We’re seeing regulatory agencies with armed police forces, some even with tactical teams. We’re seeing SWAT-like tactics used to enforce zoning laws and low-level crimes. We’re seeing heavy-handed force used to collect cigarette taxes or to enforce regulatory law.

Similarly, while how and when police use lethal force has a disproportionate effect on communities of color, there has been no shortage of stories about unarmed white people killed by police. There are problems in policing that are directly related to race, such as profiling, bias and an irrational fear of black criminality. But there are also problems in policing that affect people of all races, such as the use of lethal force, unnecessary escalation and the prioritizing of officer safety over all else. (Even these problems disproportionately affect black and brown people.)

Do we dare say that … all lives matter? A government that can launch an armed SWAT raid against Okra plants is a danger to everyone, black white or Dolezal.

In my original post, I said that the best way to address the problems in law enforcement is for government to “make itself less powerful, less intrusive, more accountable and more respectful of our basic civil liberties.” Black Lives Matter’s proposals do exactly that. Ultimately, we will have to address the massive size and scope of government. The less the law is involved in our lives, the less chance there is for that involvement to go wrong. But shaping reform around BLM’s proposals would be a great first step toward addressing the problems and building a better relationship between police and their communities.

My electricity bill is again going to go up due to stupidity

On the last day of June, the SCOTUS struck down the ludicrous mercury regulations the EPA put together and did so because the whole think stunk and provided no information about the cost. Obama, to show them he is the emperor, issued more ridiculously stupid and horribly costly renewable energy fantasy promises. This fucking guy lives in his own stupid reality. At a time where technical people like
Bill Gates explain why everything points to current renewable energy not being viable, Obama doubles down on the stupid. And Gates is not alone to make that argument: Google, a lefty company if ever anything, agreed with him that current renewable energy technology doesn’t cut it. I have made this point myself. Solar, which was too costly and simply too unreliable and inefficient when Jimmy Carter promised to make us use only that in the late 70s has not come much further in the 4 decades since. Wind is an even bigger joke. The cost vs. return for these technologies not only make them prohibitive, but they are ludicrous and stand in the way of viable technologies (like nuclear).

My electrical bill has all but doubled since Obama took office. My consumption has almost been halved. I am almost paying four times as much as I used to per kWh since Obama put his idiotic ideas into motion, and the only people to make like bandits are those connected to the Obama administration that not only receive massive tax payer subsidized funding and breaks, but benefit from stupid shit like this promise by Obama that forces people being squeezed dry but without the knowledge to know they are being hoodwinked, into giving them even more of their money.

Heck, I now even have some new tax that cock gobbler Maloy socked on those of us not sucking at the government’s teat that takes more of my money to help those unable to pay their bill do so. I bet you none of these people I am now “helping” are trying to either reduce their consumption or dependency on this abusive industry that has so enriched collectivists that pretend they are fighting a noble fight against world destroying evil brown energy. Worse yet, unless I do what one of the government approved scams that line the pocket of supporters of these ludicrous and inefficient technologies peddle, I must not only remain on their grid, but accept the ass fucking they send my way every month, and thank them for it too. At this point I am sure I can come up with alternatives that don’t enrich these evil fucks and cost me less. But they will throw my ass in jail for daring to fight their monopoly.

Why are we letting these people run the show, huh? Greece is showing us where this always ends. And China is going to one up them and really fuck up things. There is not enough “Other people’s money” to let the leftists do what they want. No, not make things better, but fleece the productive while throwing scraps to the unproductive for their envious support. The left loves to pretend that the robber barons are in the party they oppose, but reality doesn’t bear that out. I can’t wait for Iran to get the bomb and start WWIII already. Nothing will end the stupidity of liberalism short of a global cataclysm that finally forces mankind to abandon socialism and the other beliefs the left holds dear. We need a mega dose of harsh reality to cure humanity of this mental disorder.

Gay Marriage Debate Ends

A lot going on today, but the big news is that the Court has upheld gay marriage by a 5-4 vote. With that, the debate over the subject is effectively over. And, as someone who has supported the GOP in the past, I couldn’t be happier. The issue can go away and we can focus on more substantive issues.

More to come.

You should read the opinions. It includes vintage Scalia. But it also includes a very good dissent from Roberts who argues that the problem is not gay marriage; the problem is the way the Court has interpreted the Constitution. It’s quite good and conciliatory. Roberts can drive me nuts sometimes, but I still think he’s one of the best things to come out of the Bush 43 Administration.

The Best of Lee: Kelo Anniversary

Ten years ago today, the Supreme Court issued out of the worst ruling in their history: Kelo v. City of New London, in which justices Kennedy, Souter, Ginsberg, Breyer and Stevens decided that it was “public use” for a government to force a citizen to sell his property to a rich developer. Because taxes.

Here’s some choice quotes from the wonderful dissents of Clarence Thomas and Sandra Day O’Connor. Thomas first:

This deferential shift in phraseology enables the Court to hold, against all common sense, that a costly urban-renewal project whose stated purpose is a vague promise of new jobs and increased tax revenue, but which is also suspiciously agreeable to the Pfizer Corporation, is for a “public use.”

I cannot agree. If such “economic development” takings are for a “public use,” any taking is, and the Court has erased the Public Use Clause from our Constitution, as Justice O’Connor powerfully argues in dissent.

The consequences of today’s decision are not difficult to predict, and promise to be harmful. So-called “urban renewal” programs provide some compensation for the properties they take, but no compensation is possible for the subjective value of these lands to the individuals displaced and the indignity inflicted by uprooting them from their homes. Allowing the government to take property solely for public purposes is bad enough, but extending the concept of public purpose to encompass any economically beneficial goal guarantees that these losses will fall disproportionately on poor communities. Those communities are not only systematically less likely to put their lands to the highest and best social use, but are also the least politically powerful.


Under the banner of economic development, all private property is now vulnerable to being taken and transferred to another private owner, so long as it might be upgraded–i.e., given to an owner who will use it in a way that the legislature deems more beneficial to the public–in the process. To reason, as the Court does, that the incidental public benefits resulting from the subsequent ordinary use of private property render economic development takings “for public use” is to wash out any distinction between private and public use of property–and thereby effectively to delete the words “for public use” from the Takings Clause of the Fifth Amendment.

Any property may now be taken for the benefit of another private party, but the fallout from this decision will not be random. The beneficiaries are likely to be those citizens with disproportionate influence and power in the political process, including large corporations and development firms. As for the victims, the government now has license to transfer property from those with fewer resources to those with more. The Founders cannot have intended this perverse result.

The irony is that the deal with Pfizer fell through and Kelo’s former home is still an empty lot.

Lee’s comment was short and brutal:

Personally, I would love to see one of the homes of these justices earmarked for demolition because some douchebag on a city council somewhere has decided that the revenue from a new Wal-Mart Supercenter is more important to the community than the property tax being paid on the land that has been in your family for six generations. Simply disgusting. When the highest court in the land wipes its ass on a concept as fundamental to human liberty and dignity as the right of property there is something seriously wrong with our government.

The government’s assault on property rights has only gotten worse. Yesterday, SCOTUS pushed back a little. But it will not really begin until the Court repudiates Kelo.

Raisins in the Sun

This morning saw the Supreme Court hand down four more decisions. All were important to some degree but the most significant was one I blogged about earlier: Horne v. Department of Agriculture. The Court decided, correctly, that the government taking part of someone’s raisin crop to ostensibly raise the price of raisins was indeed a “taking” under the Constitution and they are entitled to compensation.


The Court ruled in favor of the property owners by an 8-1 margin on the most significant issue at stake: whether the government’s appropriation of the raisins is a taking. Only Justice Sonia Sotomayor dissented.

This is an extremely important result, because it rejects the government’s dangerous argument that the Takings Clause offers less protection for personal property than for real property (the legal term for property in land), which had been embraced by the Ninth Circuit lower court decision. For reasons elaborated in detail in an amicus brief I joined along with other constitutional law and property scholars, the government’s position on this issue was deeply at odds with the history and original meaning of the Takings Clause. Indeed, as the Court notes, the Clause was adopted in part as a reaction to abusive British confiscation of personal property during the colonial era and the Revolutionary War.

The government argued that it wasn’t really a taking because if they later sold the raisins, the Hornes would get some of the proceeds. This was clearly nonsense. If I steal your car and later give you a cut of what I got from the chop shop, that doesn’t mean I didn’t steal it in the first place. The justices were a little more divided on how to compensate the Hornes.

This is a big case, though. Somin again:

The ruling also calls into question a number of other similar agricultural cartel schemes run by the federal government. In addition to property owners, consumers of agricultural products are likely to benefit from the decision, if these cartel schemes can no longer operate. Freer competition between producers in these agricultural markets will increase the amount of goods sold, and thereby lower prices. Lowered food prices are of particular benefit to poor and lower-middle class consumers, who generally spend a higher proportion of their income on food than the affluent do.

A few years ago, Robert Levy published a fine book called The Dirty Dozen, detailing some of the worst Supreme Court decisions of the last century. One of them was Wickard v. Filburn, in which a unanimous Court decided that a man growing wheat on his own farm for his own use was intrinsically “interstate commerce”. Wickard is the basis not only of our idiotic farm policy, but the basis of the Court’s expansive view of the commerce clause, including the vile Raich decision.

This doesn’t attack Wickard but it’s the first pushback on agricultural policy in a long time, at least recognizing some limits to the power of the Department of Agriculture. Hopefully, it’s the first in a series of decisions.

More from Mataconis and from McArdle, who cautions against optimism:

However, don’t get too excited, because it doesn’t do too much to limit eminent domain where compensation is offered, or “regulatory takings” in which government rules make your property practically worthless, but not quite so worthless that it has to pay you for the lost potential uses.

Indeed. Our federal government has a tremendous amount of power that has goen well beyond its Constitutional limits. Today, a little bit got pushed back. That’s a good day.

Friday Roundup: Guns, Money and Gag Orders

A few stories to close out your week:

  • Following on Alex’s post on the attempt to squash free speech at Reason, the Best Magazine on the Planet has gotten the gag order lifted and broken their silence. What they relate is appalling. Not only did the USA try to get personal information on Reason’s commenters, they got a gag order to try to prevent Reason from notifying those commenters that the government was seeking their information (Reason had already notified them by the time the order came). It’s a must-read on a government that is determined to shred any semblance of privacy.
  • Earlier this week, Treasury announced that the new $10 bill will have a woman on it, although it’s not clear who that will be or how she will “share” the bill with Alexander Hamilton. As someone who favors a radical overhaul of which faces are on our currency, I’m moderately in favor of this. But I much prefer the idea of putting a woman on the $20 for reasons articulated by Jillian Keenan (namely that Jackson was a racist slaveholding genocidal shredder of the Constitution). Still, there are lots of women we could honor: Harriet Tubman, Harriet Beecher Stowe, Eleanor Roosevelt, Elizabeth Cady Stanton, Susan B. Anthony, Sally Ride, Clara Barton. I would take all of these over Jackson. And I wouldn’t mind if we took all the politicians off our currency.
  • How bad was the security at OPM that led to the huge data breach? Really really bad. And they won’t fix it. Change we can believe in!
  • If you’re having trouble finding delicious barbecue, blame government. They are literally outlawing the kind of slow-cooking methods that make for such deliciousness. And it’s not really clear why other than “because they can”.
  • It will come as no surprise to readers of this blog that Paul Krugman and the Keynesians are full of it again. They are citing Iceland an example of how expansionary fiscal policy can save an economy. The problem? In this thing called reality, Iceland endorsed a severe austerity, with significant spending cuts and tax hikes.
  • The blamestorming for Charleston has already begun. Here is a quick refresher about the media’s desperation to blame horrific acts of violence on the Right Wing.
  • And finally, Reason has a feature on a college student who was busted with pot, turned informant and was murdered. No one is accountable, as usual. I’ll spare you my usual War on Drugs rant, in favor of my other favorite one: when dealing with cops and prosecutors, always get a lawyer. Never negotiate on your own.

Obama Ignores Courts, Constitution, Decency … Again

Good Lord. Can you imagine the outcry if a Republican did this:

The Obama administration has asked a secret surveillance court to ignore a federal court that found bulk surveillance illegal and to once again grant the National Security Agency the power to collect the phone records of millions of Americans for six months.

The legal request, filed nearly four hours after Barack Obama vowed to sign a new law banning precisely the bulk collection he asks the secret court to approve, also suggests that the administration may not necessarily comply with any potential court order demanding that the collection stop.

US officials confirmed last week that they would ask the Foreign Intelligence Surveillance court – better known as the Fisa court, a panel that meets in secret as a step in the surveillance process and thus far has only ever had the government argue before it – to turn the domestic bulk collection spigot back on.

Justice Department national security chief John A Carlin cited a six-month transition period provided in the USA Freedom Act – passed by the Senate last week to ban the bulk collection – as a reason to permit an “orderly transition” of the NSA’s domestic dragnet. Carlin did not address whether the transition clause of the Freedom Act still applies now that a congressional deadlock meant the program shut down on 31 May.

So let’s walk through this. The Second Circuit concluded that the Patriot Act did not allow bulk collection of phone records. Congress then passed a law restricting bulk data collection, allowing a six-month transition period. But they did not actually restore Section 215 yet, so it’s a bit in limbo. Obama is now asking the secret FISA court to ignore the Second Circuit and ignore Congress and reauthorize bulk data collection anyway, using the sunset provision in the USA Freedom Act as cover.

I guess we should just trust Obama when he ignores the courts.