Judicial Secrecy: Where Justice Goes to Die

The traditional depiction of Lady Justice is a woman wearing a blindfold to demonstrate impartiality. In her right hand she wields a sword (symbolizing swift punishment for the guilty). Her left arm holds aloft a scale to weigh the opposing sides’ cases — publicly, for all to see.

Over time, American judges have become increasingly inclined to demand that the public itself wear the blindfold, and that the opposing parties wear gags.

Headline, New York Times: “Supreme Court Stays Out of Secret Case That May Be Part of Mueller Probe.”

The Court refused “to intercede in a mysterious fight over a sealed grand jury subpoena to a[n unidentified] foreign corporation issued by a federal prosecutor who may or may not be Robert S. Mueller III, the special counsel investigating the Trump-Russia affair.”

Headline, Sacramento Bee“California judge will keep Planned Parenthood names sealed.”

The judge says he’ll “punish” anyone who reveals the names of the alleged victims in the prosecution of two anti-abortion activists charged with secretly taping them in conversations regarding procurement of fetal tissue.

Headline, CNN: “‘El Chapo’ Guzman jury will be anonymous, judge rules.”

Before the trial even began, the judge pronounced Guzman guilty of “a pattern of violence” that could cause the jurors to “reasonably fear” for their safety.

Headline, ABC News: “Federal judge warns she may impose gag order on Roger Stone, prosecutors.”

The judge doesn’t want the flamboyant Stone, charged in the Mueller probe, treating his prosecution as a “public relations campaign” or a “book tour.”

Secret proceedings. Secret subpoenas. Secret juries. Secret alleged victims.

Always with excuses, some more or less convincing than others.

And all flagrantly in violation of the First Amendment’s free speech clause and the Sixth Amendment’s public trial clause.

Nowhere in the Constitution is there mentioned any prerogative of government to operate in secret or to forbid public comment by anyone.

From what source do these judges claim to derive the powers they’re exercising? Certainly not from the taxpayers whose expense they operate at. Nor from the public they claim to serve.

To allow such secret judicial proceedings invites corruption and makes a mockery of the conception of justice the courts supposedly exist to uphold.

Paired with secret police operations (how many times have we heard police chiefs refuse to answer simple and germane questions to “protect an investigation?”), such proceedings constitute the necessary elements of a police state as ugly as any in history.

If American freedom is to stand a chance of survival and recovery, judges who engage in this kind of misconduct must be removed from their benches, stripped of their robes, and punished harshly — after the speedy, and very public, trials they’re entitled to, of course.

Continue Reading

The Constitution is Not Your Security Blanket (6m) – Episode 004

Episode 004: Jared shares a quick rant about gun owners who deify the Second Amendment to the US Constitution.

Listen to Episode 004 (6m, mp3, 64kbps)

Subscribe via RSS here, or in any podcast app by searching for “voluntary contrarian”. Support the podcast at Patreon.com/evc or PayPal.me/everythingvoluntary.

Continue Reading

“Second Shutdown” Theatrics: Heads Trump Wins, Tails America Loses

Unless Congress and the Trump administration reach a new spending deal by February 15, the federal government will go back into “partial shutdown” status. As of February 10, congressional negotiators seem to be nearing agreement on a deal that includes about $2 billion in funding for President Trump’s “border wall” project. Trump, as before the recent shutdown, is seeking $5.7 billion.

My prediction: There are three ways this can come out. One is highly unlikely, and both of the other two would constitute a victory for Trump and a loss for Congress in general, even more so for congressional Democrats, and most of all for the American people.

Let’s get the unlikely outcome out of the way first: There’s probably not going to be another shutdown. Trump is going to sign whatever deal lands on his desk.

If the deal includes the $5.7 billion he’s demanding (it won’t), he’s obviously the winner. Expect a lavish White House Rose Garden signing ceremony, even if there’s snow on the ground.

If the deal offers a lesser amount (it will), congressional Democrats will have lost anyway, by buckling on their previous opposition to funding the wall at all. That’s a bad outcome for a new Democratic majority in the House. It signals a lack of political will to take on the Republican agenda.

Whatever amount the deal includes, Trump will sign it — and if it’s less than $5.7 billion, he’ll then follow through on his threat to declare a “state of emergency” and use existing military funding to make up the difference.

In doing so, he’ll throw yet another serving of red meat to his electoral base, acting as the strong-man figure they adore.

He’ll also add another boxcar to a long train of abuses & usurpations (as the Declaration of Independence puts it) by himself and previous presidents. His contemplated “state of emergency” tactic would seize executive power to do what only Congress, under the Constitution, may do (“No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law”).

Not long ago, journalists might have labeled that situation  a “constitutional crisis.” But in the 21st century, Americans and American politicians have seemingly become desensitized to presidential rebellion against the Constitution, from George W.  “unitary executive” Bush’s use of “signing statements” to modify the content of bills passed by Congress, to Barack “I’ve got a pen and I’ve got a phone” Obama’s claims of power to wage war in Libya, Syria and elsewhere without congressional approval.

The border wall is fast becoming more than just a morally bankrupt and economically stupid political ploy. It’s in the process of becoming yet another milestone on the road to the presidency as an openly proclaimed, and uncontested, dictatorship.

Continue Reading

John Lott: The War on Guns (1h13m)

This episode features a lecture and Q&A by economist and gun rights advocate John Lott from 2016 on his new book about the War on Guns and the Second Amendment to the United States Constitution. Purchase books by John Lott on Amazon here.

Listen To This Episode (1h13m, mp3, 64kbps)

Subscribe via RSS here, or in any podcast app by searching for “voluntaryist voices”. Support the podcast at Patreon.com/evc or PayPal.me/everythingvoluntary.

Continue Reading

Nationalism, the Ideological Delusion at the Heart of Protectionism

Every economic entity, whether it be an individual, a family, or a firm, faces a constant choice with regard to how it will secure the goods and services it desires in order to carry out its economic plans: make or buy?

Most individuals and families give little conscious thought to their making this choice. Yet they make it all the same. Many individuals do many things for themselves, such as house cleaning, home maintenance, personal care of various sorts, meal preparation, and so forth. They do not pause often to consider whether they would be better off to purchase these things, although they might purchase them, and some individuals do. One can hire housekeepers, groundskeepers, meal providers, and many other services. In some cases, provision of these services amounts to a large industry catering to individuals and families who have decided that buying is better than making, that market transactions are better than self-sufficiency.

In contrast, business firms commonly give serious, explicit attention to how they should answer the make-or-buy question, and many specialize in a narrow range of activities, relying on market purchases to provide every item they can buy at a lower cost than that at which they could make it for themselves.

When someone decides to buy rather than make, it is normally the case that no one objects or attempts to impede the transaction. In some cases, local providers of certain goods and services have tried to shield themselves from the competition of providers in other states, but in many, if not all, cases the U.S. Supreme Court has ruled that such state-level protectionism is contrary to the Constitution’s Interstate Commerce Clause. As a result, the United States of America has long been a vast free-trade area, and this condition explains in no small part how Americans have succeeded in lifting their level of living steadily over the past two centuries, notwithstanding the transitory inability of various suppliers to meet the “outside” competition successfully.

In regard to competitors located outside the national boundaries, however, the situation has often been seen as different and as warranting government action—tariffs, import quotas, prohibitions of trade in certain items, special regulatory, licensing, or documentation demands laid on imported goods or importers, and so forth—aimed at keeping American producers free of foreign competition.

Along with the demands for such government restriction and penalization of international purchases has grown up or been imported from elsewhere a doctrine—protectionism—aimed at making such selfish and predatory use of government power appear to be broadly beneficial to the nation as a whole, not simply to the domestic providers who cannot meet the foreign competition. Although protectionism has had a multitude of promoters through the ages, from the man in the street to the occupant of the White House, it has always been a bogus doctrine, making claims that cannot be upheld by solid economic theory or sound economic history. Analysts going back to Adam Smith, James Mill, and David Ricardo have debunked protectionism’s claims, as have many economists in the following centuries.

Yet it lives on, and even now it is thriving ideologically and politically in many quarters, and the question is, why? What accounts for the fact that a doctrine few people would invoke to justify government interference with competition from outside the neighborhood, the city, the state, or the region nevertheless seems to many people to make sense at the national level?

To ask the question is almost to answer it. People who would balk at city, state, or regional protectionism will not only tolerate national protectionism, but actually hail it as a godsend for overall national prosperity. The doctrine of nationalism, a dangerous brew in which Americans have long indulged to great excess is the cause of this bizarre public sentiment. If you told the people of Cleveland that the city must practice protectionism against all other cities, states, and regions, they would account you crazy. But if you tell them that the entire nation must put protectionism into practice, many of them will swallow the proposal with gusto.

What is this mystical magnetism that nationalism exerts on so many Americans? It is the wholly superstitious conviction that some special, deep, and overriding solidarity binds them to a particular group of almost 330 million strangers, people they have never met, never will meet, and with whom in many cases they have practically nothing in common. Indeed, in many cases, if any given American were to meet with a great many of his “fellow Americans,” he would find them altogether odious. On the other hand, he might find, should the occasion arise, that he has much in common with many Canadians, Guatemalans, and Kenyans. (I myself have done so in all these cases and an abundance of others, so my example is scarcely far-fetched.)

In history, nationalism has served as a powerful means whereby ambitious would-be national leaders have forged groups of unrelated and sometimes hostile people into a unitary political entity with the enlarged force that resides in sheer numbers. Nevertheless, the substantive moral irrelevance of nationalism arises from, if nothing else, the mere accident of one’s having been born within the boundaries that contentious rulers happen to have established in their struggles with the rulers of adjacent territories. Genuine, morally defensible loyalties cannot be justified on the basis of accidents beyond one’s choice or control.

Yet, however morally irrelevant nationalism ought to be, it is in practice often of life-and-death importance, and during recent centuries, hundreds of millions of persons have regarded it as so important that they would fight and die in loyalty to the political leaders of “their” nation-state or gladly send their sons to be slaughtered in the same cause. If it is potent enough to cause men to march in legions over the cliffs into oblivion, it is certainly powerful enough to prop up the economically and morally bankrupt practice known as protectionism, and it does so quite commonly throughout the world.

Continue Reading

The FDA’s Assault on Tobacco Consumers, Part 2

A bill introduced in the U.S. House last month would ban the flavoring of any “tobacco product” except, strangely, cigarettes.” The targets are vaping devices (vapes, e-cigarettes), but also cigars and pipe tobacco. The Food and Drug Administration deems vaping devices “tobacco products” even though they contain no tobacco. Introduced without sponsors by Rep. Rosa DeLauro (D-CT), the bill would allow an exception for some vaping products, but it is one that would be all but impossible to qualify for.

The rationalization for the prohibition is that flavoring attracts underage consumers to the products. Yet this seems implausible because it suggests that without flavoring teenagers would be uninterested in e-cigarettes (not to mention conventional cigarettes). Yet kids have long been attracted to conventional unflavored cigarettes. (And unflavored marijuana has no troubling winning favor among the young.) After all, fruit, mint, and other flavors are readily available in unrestricted products like hard candy, chewing gum, and soft drinks. So if underage consumers want those flavors, why don’t they stick with products they can legally buy? Clearly, the attraction to e-cigarettes (and conventional cigarettes) is something other than flavors — the “coolness,” or maturity, factor perhaps.

DeLauro’s bill betrays a fundamental puritanism, which underlies all prohibitionism: since nicotine is a substance that provides pleasure and some people therefore use it habitually, it must be stamped out and its consumers, producers, and merchants demonized. (Human beings have long affirmed themselves by demonizing others and their preferences.) As H. L. Mencken told us: puritanism is the “haunting fear that someone, somewhere, may be happy.”

At any rate, DeLauro’s bill is redundant because the FDA under Trump appointee and putative deregulator Scott Gottlieb is already moving in that direction. (Her bill likely excludes conventional cigarettes because the FDA is already stepping up the restrictions on them.) Indeed, Gottlieb now threatens to yank vapes from the market and subject them to a lengthy and expensive regulatory review if “the youth use continues to rise.” (The anti-vaping hysteria is just getting started.) According to NBC News, Gottlieb told a meeting: “If … we see significant increases in [youth] use in 2019, on top of the dramatic rise in 2018, the entire category will face an existential threat. It will be game over for these products until they can successfully traverse the regulatory process.” (Emphasis added.) He reportedly accused the e-cigarette makers of marketing to young people. Yet when those makers label their products as for adults only, they are accused of enticing children. Damned if you do; damned if you don’t.

Welcome to America, the land (as Mencken put it) of the “theoretically free.”

In 2009 Congress and Barack Obama gave a virtual blank check to the secretary of health and human services to regulate “tobacco products” through the FDA and a soon-to-be-created Center for Tobacco Products. The result over the last few years has been a dizzying cascade of oppressive rules governing manufacturing, retailing, labeling, and other aspects of the business of producing and selling combustible and smokeless tobacco and nicotine-delivery products that don’t contain or are not made out of tobacco, such as e-cigarettes and pipes.

Among other things, the FDA has begun to move toward mandating that the nicotine in cigarettes be reduced to so-called “non-addictive” levels, the consequences of which would surely spill onto pipe and cigar smokers. (Nicotine users have always found ways to get the amount they want regardless of government restrictions.) The FDA’s most recent decree bans most flavored vape “e-juices” from general retail stores (as opposed to age-restricted vape shops), and prohibition of menthol cigarettes and flavored cigars are also in the works. Meanwhile, other tobacco products, such as pipe tobacco, that entered the market on or after an arbitrary date in the past (in 2016 or 2018, depending on the product) are being deemed “new” and made subject to costly and time-consuming FDA testing. Even a retailer’s blending of two long-available pipe tobaccos is deemed to be “new” and subject to testing. (Deadlines for submission for testing are in 2021 and 2022, depending on the product. The FDA’s procedures have yet to be worked out.)

The upshot is that adults are being harassed as they go about their peaceful consumption of combustible and smokeless tobacco and nontobacco nicotine products, which human beings have done in one way or another from time immemorial. (While some people find it easy to habituate themselves to nicotine, unlike inhaled tobacco smoke, it is not hazardous to health.) As noted, many of these bureaucratic violations of liberty are defended in the name of protecting children; however, we can address that issue without the blunt instrument of the state, and as mentioned, many intrusions have nothing to do with children. How many kids are shelling out for premium cigars, pipe tobacco, and briar pipes?

Moreover, regulations that appear aimed at children, especially those regarding vaping, may discourage cigarette smokers from switching to that safer form of nicotine consumption. The warning that vaping is “not a safe alternative to cigarettes” almost sounds like an argument for sticking with cigarettes, although vaping is safer than inhaling cigarette smoke. (The reported rise in teen vaping has coincided with a drop in teen cigarette smoking.)

The intrusions simply hassle adults and make what they want to consume less abundant and more expensive. And they do something else: they entice teens, who will always be drawn to forbidden fruit. (What would Huck Finn be saying?)

Congress should repeal the Family Smoking Prevention and Tobacco Control Act (TCA) of 2009, which empowers the FDA to regulate “tobacco products” and to define what a tobacco product is. How can anyone continue to believe that the U.S. government is constitutionally limited when Congress and the president can authorize an executive department and a regulatory agency to define their own powers over peaceful, consensual conduct?

Make no mistake about it: the assault on manufacturers and retailers is ultimately an attack on consumers who indulge in what other people believe are vices. (See Lysander Spooner’s Vices Are Not Crimes: A Vindication of Moral Liberty.) This is shameful in a society that fancies itself free.

To be continued…

Continue Reading