Gun Rights are Decent Political X-ray

Whether or not you vote or otherwise pay attention to politicians, do you wish you had a way to see inside their minds to know what they think of you?

Libertarian science fiction and nonfiction author L. Neil Smith has pointed out that you can know what a politician thinks of you and your rights by examining his or her opinions on gun rights. Smith says it’s as good as an X-ray into politicians’ minds.

It works whether the politician is a Republican, a Democrat, a Libertarian, or something else.

Don’t make the common mistake and assume the “R” by a politician’s name on the ballot means they are a supporter of your rights and liberty — most aren’t.

Smith observes that any politician who is uncomfortable with the idea of you or anyone else walking into a store, plopping down the cash and walking out with any gun you want without showing a scrap of identification or signing even one form, is not pro-gun rights.

If a politician doesn’t recognize your right to own and to carry, openly or concealed, any type of firearm you wish — handgun, rifle, single-shot, “high-capacity” or fully automatic — everywhere you go without asking permission, this politician is not a supporter of your gun rights and probably isn’t a fan of your other rights, either.

Politicians may talk a good game about supporting rights, yet cling to the belief that rights can come with government-approved limits, licenses, and legislation.

They are wrong.

A right doesn’t come with any such requirements, and anyone claiming they do is not respecting your rights. They’re probably hoping you’ll be fooled into confusing rights for privileges as people often do.

Any politician who doesn’t fully respect your gun rights is likely to also believe you need permission or a license to marry, to drive a car, to open a business, to travel the world, or to consume certain plants. Such a politician will probably believe you owe a portion of your property to government. They may quibble over how much you owe, but they won’t doubt you owe something.

I understand the argument for voting in self-defense. I don’t believe it works, and I think there are better ways to defend yourself from politicians and their opinions. It’s still good to know which politicians are worse than the others. Using their stance on gun rights is a convenient and accurate shortcut to find your sworn enemies. I suggest you use it.

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A Loophole for the Lawless: “Qualified Immunity” Must Go

On August 11, 2014, officers from the Caldwell, Idaho Police Department asked for Shaniz West’s permission to enter and search her home. They were looking for her ex-boyfriend. West authorized the search and handed over her keys.

Instead of entering and searching the home, though, the police brought in a SWAT team, surrounding the building.  “[P]olice repeatedly exceeded the authority Ms. West had given them,” a lawsuit she filed complains, “breaking windows, crashing through ceilings, and riddling the home with holes from shooting canisters of tear gas, destroying most of Ms. West and her children’s personal belongings.”

The “standoff” lasted ten hours. But it wasn’t really a standoff. The only mammal in the home larger than a mouse was West’s dog.

Then the cops went on their merry way, leaving West homeless for two months, with three weeks in a hotel as her only compensation.

She wants more, including the costs of repairing and replacing her ruined personal property, damages for pain, suffering and emotional distress, and punitive damages for the assault on a home she gladly authorized a search of, not an attack on. She deserves all of that.

She isn’t getting it — yet, at least — due to a loophole baked into a vile judicial doctrine called “qualified immunity.”

Qualified immunity protects government employees from liability for things they willfully decide to do while on duty, unless those actions violate “clearly established statutory or constitutional rights of which a reasonable person would have known.”

The loophole is the phrase “clearly established.”

The Ninth Circuit US Court of Appeals ruled that “no Supreme Court or Ninth Circuit case clearly established, as of August 2014, that Defendants exceeded the scope of consent.”

How’s that for circular reasoning? “You can only sue over X if someone else has previously successfully sued for X. ” And no one CAN have successfully sued for X, at least since the loophole was introduced in 1982, because they would have been turned away on the same grounds!

The Institute for Justice wants the US Supreme Court to take up West’s case.

It should do so, and when it rules it should go beyond nixing the “clearly established” loophole and do away with the doctrine of “qualified immunity” entirely.

42 US Code § 1983 provides that “Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws” may be sued for damages.

Not just if someone has successfully sued on the same grounds before.

And not just if a “reasonable person” would have known better.

Government employees are supposed to know their jobs, including the limits on their authority. If they don’t, they shouldn’t be given guns and badges, let alone protection from liability when they exceed those limits.

“Qualified immunity” is the opposite of “equality under the law.”

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The Difference Between Public Libraries and Public Schools

Plans for the Boston Public Library, the nation’s second-oldest public library, were approved in 1852, the same year Massachusetts passed the country’s first compulsory schooling law. Both public libraries and public schools are funded through taxation and both are “free” to access, but the similarities end there. The main difference between public libraries and public schools is the level of coercion and state power that public schooling wields.

Voluntary vs. Compulsory

Libraries are open and available for anyone to access. You can quickly sign up for a library card if you want borrowing privileges, but you don’t have to. You can come and go freely, spend time in whatever library sections most interest you, ignore ones that don’t, and leave when you want. You can ask for help and support from a librarian if you choose. You can participate in a class that the library offers or access one of the library’s many online resources, but those are all optional. You may not always like a library’s programming, but you don’t have to participate in anything you don’t want to. If you don’t like your neighborhood library, you can freely visit one in another neighborhood or another town. You mix daily with a wide assortment of people of all ages and backgrounds at your library, reflecting the diversity of your community. Aside from the public levy, everything is voluntary.

Moreover, you don’t ever have to step foot in a library and still have access to books and resources through bookstores and online retailers. Your library has no control over what your local bookstore sells, and the library system can’t dictate rules to Amazon.

Parents are required to register their children for school under a legal threat of force, and the ages at which a child must attend school are lengthening.

Public schools, which are more aptly called government schools because of the force associated with them, are nothing like public libraries. Parents are required to register their children for school under a legal threat of force, and the ages at which a child must attend school are lengthening. Parents can choose to homeschool or enroll their child in a private school, but in most states, homeschooling and private schools are regulated by the state under compulsory schooling statutes. Education is controlled by the state, even for non-public entities that receive no public money.

This is akin to your public library monitoring the books that Barnes & Noble sells, but it goes well beyond that. In each state, young people are required to meet certain attendance thresholds in terms of hours of classroom learning. It would be like the library system mandating that you visit your library—assigned to you based on your zip code— a certain number of days and hours each year, or, alternatively, visit Barnes & Noble for those same number of days and hours with a report to the state to prove it. While you’re at your library or bookstore, you are also required to learn about specific subjects whether you want to or not. And there may be a test.

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Freedom over Force

If the public library system had the same power as the public schooling system, there would be far fewer private booksellers. When you are required by law to receive library services for a certain number of hours per year, you will likely go with the “free” option rather than paying to receive your mandatory library services at Barnes & Noble, which would charge a fee. Indeed, this happened with mandatory schooling.

Most of us would never tolerate a level of coercion and state power associated with public libraries that we routinely accept with public schools.In his book Schooled to Order, historian David Nasaw explains that as government schooling became compulsory in Massachusetts, the number of private schools in the state dropped from 1,308 in 1840 to only 350 by 1880.[1]  Similar trends occurred in other states as they enacted compulsory schooling laws, with private school enrollment subsequently plummeting. It’s hard to compete with “free” and compulsory.

Most of us would never tolerate a level of coercion and state power associated with public libraries that we routinely accept with public schools and education more broadly. As back-to-school time nears, it’s worth celebrating the many ways that public libraries facilitate non-coercive, self-directed learning for all members of the community and questioning why we would ever want our children to learn in spaces where force, not freedom, prevails.

[1] Nasaw, David. Schooled to Order: A Social History of Schooling in the United States. New York: Oxford University Press, 1979, p. 83.

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Socialism Sucks, and Everyone Ought to Know It

Today my friends Bob Lawson and Ben Powell have released their new Socialism Sucks: Two Economists Drink Their Way Through the Unfree World.  Intellectually, EconLog readers will know the score, but Socialism Sucks embeds good economics and economic history within an irreverent travelogue.  Modern socialist rhetoric is so ahistorical and otherworldly that it’s great to hear reports about what North Korea, Venezuela, and Cuba are actually like.  Along the way, Lawson and Powell thoughtfully explore the whole “That’s not real socialism” slogan. Quick version: Contrary to First World socialists, it’s the hell-states that are real socialism, and the success stories of Scandinavia that are fake socialism.

I actually had the privilege of workshopping the draft of this book.  Some of the attendees urged Bob and Ben to rewrite the book to appeal to young progressives, but I insisted that this was a task for a completely different book.  Socialism Sucks speaks to people with common sense and a sense of humor who simply don’t know much about socialism.  That includes 95% of American conservatives, who normally have negative feelings about the socialist label but who couldn’t tell you about the Holodomor, the Gulag, the Great Leap Forward, or the Laogai, much less the Molotov-Ribbentrop Pact or the Killing Fields.  Talk radio is going to try to angry up its listeners anyway, so it might as well angry them up against smug nostalgia for a totalitarian idea that murdered over a hundred million people and reduced dozens of nations to slavery while claiming to be the greatest of heroes and humanitarians.

Do Lawson and Powell really think that young self-styled American socialists are plotting mass murder?  Do I? My answer, at least, is, “I severely doubt it, but I shouldn’t have to wonder.”  When activists gush about the glories of socialism as if the Soviet Union never existed, all people of common decency should be horrified.  The right response to the slogan, “We want Sweden, not Venezuela” really is, “The Venezuelans didn’t want Venezuela either, but that’s what they got.”

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Teletrouble

Nobody asked but …

Maybe it’s because I got my driver’s license renewed last week, but my phone is ringing off the wall with calls that usually start like this, “hello, this is Bob (or Chuck or Wayne or some other macho moniker) on behalf of the Police Fund for [whatever].”

Firstly, yes, that’s correct, we here in Kentucky must seek the permission of the state to engage in human action, and pay for it, and get placed on all kinds of lists, official, semi-official, quasi-official, and pseudo-official.  I mutter under my breath, Robert A. Heinlein’s admonishment,

I am free, no matter what rules surround me. If I find them tolerable, I tolerate them; if I find them too obnoxious, I break them. I am free because I know that I alone am morally responsible for everything I do.

I do not tolerate police fund drives, much less those that are conducted by mercenaries (paid fundraisers).  In particular, I don’t tolerate fund drives that purport to be for the benefit of some underprivileged set.  I can just see the wretches held incommunicado someplace for a week, listening to and watching 24/7 propaganda.

— Kilgore Forelle

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Instead of a US Peace Plan for the Middle East, How about a US Peace Plan for the US?

US Secretary of State Mike Pompeo describes the Trump administration’s plan for peace between Israel and Palestinian Arabs as “unexecutable.” President Trump says Pompeo “may be right.”

Good! As addiction counselors say, the first step is admitting you have a problem.  With addiction, the way out is not “if at first you don’t succeed, try, try again.” It’s admitting that the thing you’re addicted to will never solve your problems and giving up that thing.

The United States suffers from a long-term addiction, since at least the end of World War 2, to trying to run the world.

That addiction has cost American taxpayers trillions of dollars.

It’s cost the lives of hundreds of thousands of Americans and millions of citizens of other countries.

It’s empowered evil regimes to suppress human rights both at home and abroad.

And it has never, ever “worked” in the sense of bringing about lasting peace, any more than booze saves marriages or methamphetamine repairs mental anguish.

In fact, just like booze or methamphetamine, the US addiction to world “leadership” wrecks the lives of everyone around the addict too. Which means that if the US gets its act together, everyone else, not just Americans, will be better off.

Here’s a four-step peace plan that addresses the roots of the problem instead of just unsuccessfully trying to treat the symptoms:

First, the US should shut down its military bases on foreign soil and withdraw its troops from the foreign countries they’re currently operating in.

Second, the US should end economic sanctions on, and extend full diplomatic recognition and trade privileges to, all the countries it’s currently bullying.

Third, the US should end all foreign aid, especially military aid.

Fourth and finally, the US should dramatically decrease its so-called “defense” budget to levels consistent with actual defense.

Cold turkey withdrawal may be out of the question, but the US can and should wean itself off the damaging drug of foreign interventionism.

Let the Arabs and Israelis settle their own hash. Quit taking sides between Saudi Arabia and Iran. Stop pretending North Korea is or ever has been a threat to the United States. Step back and let Venezuelans, Syrians, and Libyans decide who’s going to run Venezuela, Syria, and Libya.

It won’t be easy, but it’s not complicated either. The US can continue drinking itself to death on the poison of foreign meddling, or not. Not is better.

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