Sunday, December 7, 2014

Garner's death shows need for an American Spring

Eric Garner could spark American Spring: Column - David Boaz, USA Today:

December 5, 2014 - "The violent death of Mohamed Bouazizi in Tunisia set off the Arab Spring. Could the killing of Eric Garner lead to a springtime of police reform – and regulatory reform – in the United States?

"Bouazizi was a street vendor, selling fruits and vegetables from a cart. He aspired to buy a pickup truck to expand his business. But, as property rights reformer Hernando de Soto wrote in the Wall Street Journal, ...  'government inspectors made Bouazizi's life miserable, shaking him down for bribes when he couldn't produce licenses that were (by design) virtually unobtainable. He tired of the abuse. The day he killed himself, inspectors had come to seize his merchandise and his electronic scale for weighing goods. A tussle began. One municipal inspector, a woman, slapped Bouazizi across the face. That humiliation, along with the confiscation of just $225 worth of his wares, is said to have led the young man to take his own life'....

"Garner's story is surprisingly similar. He had been arrested more than 30 times, for such crimes as marijuana possession and driving without a license, and most often for selling untaxed cigarettes on the street.

"Why sell untaxed cigarettes? Because New York has the country's highest cigarette taxes, $4.35 a pack for New York State and another $1.50 for the city. A pack of cigarettes can cost $14 in New York City, two and a half times as much as in Virginia . So a lively black market has sprung up.... A 2013 study by the Mackinac Center found, not surprisingly, that New York had the highest rate of cigarette smuggling, totaling 61% of the state's cigarette sales.

"Eric Garner was a small part of that black market. He sold individual cigarettes – 'loosies' – on the street to people without much money. It's easier for police to apprehend street sellers than interstate organized crime. Thus his long record of arrests. And the more laws we pass, the more chances there are for people to run afoul of the police. Especially when we outlaw peaceful activities, such as smoking marijuana, selling untaxed cigarettes or feeding the homeless.

"Eric Garner's last words could have been said by Mohamed Bouazizi. We've all heard that his very last words were 'I can't breathe,' which he told the police eight times. But before his encounter with the police reached that final, fatal point, cellphones captured his frustration:

"'Every time you see me, you want to mess with me. I'm tired of it. It stops today. … Because every time you see me, you want to harass me. You want to stop me [garbled] selling cigarettes. I'm minding my business, officer, I'm minding my business. Please just leave me alone. I told you the last time, please just leave me alone.'" 

Read more: http://www.usatoday.com/story/opinion/2014/12/05/eric-garrner-protests-reform--cigarette-taxes-column/19948609/
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Saturday, December 6, 2014

The long war for control of SCOTUS

Libertarians and Conservatives Battle Over the Supreme Court - Michael Greve, Wall Street Journal:

November 17, 2014 - "We have had wars over the direction of the Supreme Court — President Roosevelt’s 1937 court-packing plan or, more recently, the brutal fights over the judicial nominations of Robert Bork and Clarence Thomas . These partisan confrontations, however, are not what Damon Root has in mind in Overruled: The Long War for Control of the U.S. Supreme Court. His 'war' pits libertarians against conservatives. Libertarians, he says, want judicial 'action' and 'engagement.' Conservatives want 'restraint.'

"While legal historians may quarrel with the story here and there, the broader audience for which Overruled is intended will benefit from Mr. Root’s confident, competent telling. In particular, he powerfully illustrates that Holmes, Brandeis and Frankfurter—the most overrated justices in our history—had not the foggiest notion of the Constitution. To the extent that they comprehended it, they loathed it as inimical to their vision of government by experts.

"Mr. Root’s chronicle of these rival legal traditions sets the stage for the main parts of Overruled: its account of the conservative-libertarian debate of the past three decades and of litigation campaigns in which libertarian organizations have led the way. They include gun-control cases, spearheaded by the Cato Institute; the Kelo v. City of New London (2005) case, where the Institute for Justice argued (if unsuccessfully) that the 'taking' of private property requires a public purpose; the institute’s Lochner-style challenges to licensing requirements for hair braiders and casket makers; and the NFIB v. Sebelius (2012) litigation over the Affordable Care Act, where libertarian law professors played a central role. Mr. Root’s description of how those cases were conceptualized and litigated is fun stuff and informative even for insiders....

"Signally but obliquely, the author seems to recognize that the Supreme Court has also enhanced conservative-libertarian convergence in a different way.... Restraint-oriented conservatives never objected to freedom for hair braiders; rather, they worried that a libertarian-rights agenda might also entail abortion on demand (delicately omitted from Mr. Root’s 'landmark rulings') and gay marriage. Now that those battles have been fought and lost, conservatives might as well embrace the libertarian campaign for economic rights and an 'engaged' judiciary."

Read more: http://online.wsj.com/articles/book-review-overruled-by-damon-root-1416270073

Friday, December 5, 2014

Eric Garner a casualty of NYC's 'war on tobacco'

Rand Paul Is Right about Eric Garner | National Review Online - Jonah Goldberg:

December 5, 2014 - "Reasonable people can disagree on whether racism was involved in the tragic death of Eric Garner. My own suspicion is that this misfortune could have transpired just as easily with a white man resisting arrest and/or a black cop choking him.

"And even though lots of people don’t want to hear it, reasonable people can disagree on whether illegally excessive force was to blame. Personally, watching the ubiquitous video of Garner’s arrest, it looks like excessive force to me....

"But you know what reasonable people can’t dispute? New York’s cigarette taxes are partly to blame for Eric Garner’s death.

"Senator Rand Paul of Kentucky made this point Wednesday night on MSNBC’s Hardball with Chris Matthews, and liberals have been freaking out about it ever since.

"'I think it’s hard not to watch that video of him saying, "I can’t breathe, I can’t breathe," and not be horrified by it,' Paul said. 'But I think there’s something bigger than the individual circumstances.... I think it’s also important to know that some politician put a tax of $5.85 on a pack of cigarettes, so that’s driven cigarettes underground by making them so expensive. But then some politician also had to direct the police to say, "Hey we want you arresting people for selling a loose cigarette'.... For someone to die over breaking that law, there really is no excuse for it. But I do blame the politicians. We put our police in a difficult situation with bad laws....'

"I do know that anyone with a level head should understand — and agree with — Paul’s point. When you pass a law, you authorize law enforcement to enforce it. That’s actually why they’re called 'law enforcement.' Google it.

"New York City declared war on tobacco a long time ago, and in the process City Hall has become addicted to Brobdingnagian cigarette taxes. That’s why law enforcement is enforcing the laws against bootleg smokes.

"Of course, reasonable people can debate the wisdom of such laws. But only unreasonable people can deny that those laws are partly to blame. Without laws making cigarettes more expensive, Eric Garner would be alive today, period.

"What’s so strange about the outrage over Paul’s remarks is that Paul’s point is perfectly consistent with his — and the Left’s — opposition to the drug war."

Read more: http://www.nationalreview.com/article/394012/rand-paul-right-about-eric-garner-jonah-goldberg
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Thursday, December 4, 2014

Maryland LP stays on ballot; first time in 44 years


November 12, 2014 - "For the first time in its history, the Maryland Libertarian Party met the vote test to retain ballot access.

"It was also the first time in 44 years that any challenge party in the state was able to retain ballot access.

"Gubernatorial candidate Shawn Quinn and candidate for lieutenant governor Lorenzo Gaztanaga received 1.5 percent of the vote last Tuesday, and the state party will appear on the ballot in 2016.

"In Maryland, the top-of-the-ticket candidate must get 1 percent, or the party must have at least 1 percent of the registered voters on the last day of the year to continue as a recognized party. In 2016, the LP presidential candidate must get at least 1 percent.

"Because of restrictive ballot access laws, no alternative party candidate had run for statewide office between 1970 and 2002, when Spear Lancaster ran for governor as a Libertarian. In addition to having to collect 10,000 signatures, non-Democrat/Republican candidates also had to petition individually to get on the ballot, which during Lancaster's campaign required more than 34,000 signatures. The individual candidate petition was struck down the next year by the highest court in the state, and now candidates can get on the ballot as long as the party has ballot access."

Read more: http://www.lp.org/blogs/staff/maryland-lp-retains-ballot-access-for-first-time

Wednesday, December 3, 2014

D.C. council votes to ban 'policing for profit'

Washington, D.C. Council Votes to Reform City's Civil Forfeiture Laws, Ban Policing for Profit - Forbes - Nick Sibilla, Institute for Justive:

December 3, 2014 - "The Council of the District of Columbia voted unanimously on Tuesday in favor of overhauling the city’s civil forfeiture laws, which lets police seize property from people never charged with a crime. Law enforcement can then pocket all of the proceeds gained from forfeiture.

"The Civil Asset Forfeiture Amendment Act of 2014 stabs at the heart of what makes civil forfeiture so potentially corrupting: Letting cops and prosecutors keep what they forfeit creates 'at best, the appearance of a conflict of interest, and at worst, an unchecked incentive for slush funds,' remarked Councilman Tommy Wells, who authored the reform. If the bill becomes law, Washington, D.C. would join just eight states that ban policing for profit. Rather than padding law enforcement budgets, any revenue generated with civil forfeiture instead would be deposited into the general fund.

"Lawmakers in D.C. also approved closing a loophole that could otherwise undercut this reform. Under equitable sharing, local and state law enforcement can pocket up to 80 percent of forfeiture proceeds if they refer forfeiture cases to a federal agency, which then moves to forfeit the property under federal law. The Metropolitan Police Department (MPD) has routinely participated in this program, spending over $3.3 million in equitable sharing funds since 2008.

 "Equitable sharing undermines state efforts to curb forfeiture abuse. For instance, both Missouri and North Carolina ban law enforcement from keeping what they seize through civil forfeiture under their state laws. Yet equitable sharing has let police and prosecutors generate millions through this federal forfeiture program....

"Besides removing the temptation to police for profit, the District’s Civil Asset Forfeiture Amendment Act would also strengthen protections for property owners. For many cases, the reform would raise the amount of evidence the government would need to take property. For cars and other motor vehicles, the government would have to show 'clear and convincing evidence' that a vehicle was used in the commission of a crime. Likewise, the bill would create a presumption that cash under $1,000 is not forfeitable.... In another vital reform, the government could only take someone’s home if the owner was convicted of a crime first. This would prevent the District from turning into Philadelphia, where law enforcement has taken nearly 1,200 homes and other real estate properties through civil forfeiture."

Read more: http://www.forbes.com/sites/instituteforjustice/2014/12/03/washington-d-c-council-votes-to-reform-citys-civil-forfeiture-laws-ban-policing-for-profit/
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Tuesday, December 2, 2014

North Dakota LP attains ballot access for first time

North Dakota LP attains ballot access for the first time in its history | Libertarian Party:

November 10, 2014 - "For the first time in party history, the North Dakota Libertarian Party has met the vote test to attain ballot access.

"In a non-presidential general election, the candidate for attorney general or secretary of state must get at least 5 percent of the vote for automatic ballot access.

"Roland Riemers, the LPND candidate for secretary of state, received 5.3 percent of the vote in the election...

"This is only the second time a minor party has met the vote test in North Dakota, the other time being the Reform Party in 1996, when Ross Perot was its presidential candidate, according to Ballot Access News.

"In addition, Jack Seaman, candidate for the U.S. House, received 5.8 percent, and the candidate for tax commissioner, Anthony Mangnall, got 6.4 percent. Both candidates were in three-way races with Democrats and Republicans."

Read more: http://www.lp.org/blogs/staff/north-dakota-lp-attains-ballot-access-for-the-first-time-in-its-history
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Monday, December 1, 2014

Okinawans reject planned new U.S. airbase

Close America’s Bases on Okinawa: Okinawans Again Say No | Cato @ Liberty - Doug Bandow:

November 26, 2014 - "The United States is over-burdened militarily and effectively bankrupt financially, but Washington is determined to preserve every base and deployment, no matter how archaic. Case in point: the many military facilities in Okinawa. No wonder the Okinawan people again voted against being conscripted as one of Washington’s most important military hubs.

"The United States held on to the island after World War II, finally returning the territory to Japan in 1972. Even now, the Pentagon controls roughly one-fifth of the land.... The bases remain because no one else in Japan wants to host American military forces.

"After a decade of negotiation, Tokyo and Washington agreed in 2006 to shift Futenma airbase to the less populated Henoko district of Nago city. Few Okinawans were satisfied.

"Three years later, the Democratic Party of Japan took power and promised to address Okinawans’ concerns. But the Obama administration proved to be as intransigent as its predecessor, thwarting the efforts of then-Prime Minister Yukio Hatoyama.

"Tokyo has since attempted to implement the relocation agreement, despite strong local opposition. However, earlier this month Naha Mayor Takeshi Onaga defeated Kirokazu Nakaima on an anti-base platform.

"Onaga’s victory demonstrates the depth of popular feeling. Nakaima had flip-flopped in favor of the relocation plan in return for $2.6 billion in economic aid from Tokyo and enjoyed strong support from Prime Minister Shinzo Abe.

"Onaga campaigned against Tokyo’s attempt to buy off islanders and won handily.

The Abe government promised to move forward with its relocation plan, but faces early elections on December 14. Although the Liberal Democrats are expected to win, they likely will possess a smaller majority and will have a correspondingly harder time overriding local opinion against the bases.

"'Okinawa has suffered a lot. Why do we have to suffer more?' Onaga asked before his election. There’s no good answer."

Read more: http://www.cato.org/blog/close-americas-bases-okinawa-okinawans-again-say-no
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