Episode 285 has Skyler giving his commentary on the following topics: a list of things teachers say to manipulate and control children in the classroom; he continues the Economics 101 mini-series with “opportunity cost”; he also continues the Wizard’s Rules mini-series with the fifth rule, “Mind what people do, not only what they say, for deeds will betray a lie”; and more.Continue Reading
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
I’m really good at getting a lot of things done, taking action, piling up a buttload of completed tasks.
Action isn’t my problem — it’s making the tasks themselves feel more meaningful.
Do any of you have that problem, that your work just feels like busywork, not super meaningful?
By the way, if your problem is not taking action … here’s my action rules:
- Pick important things to work on
- Do only one of them at a time
- Set aside everything else and do only that one task
- Make it smaller so it’s easier to start
- Feel the joy of getting stuff done
And yes, getting stuff done is so much fun. But at the end of the day, you just churned through a whole bunch of things, and it doesn’t feel that meaningful. Sure, at least you didn’t just procrastinate all day, didn’t fritter the day away in distractions … but there’s more to life than just churning and being super busy.
Let’s talk instead about meaning.
The Joy of Meaningful Work
Not everyone has the luxury of doing meaningful work — maybe you have to work at a fast food restaurant just to buy groceries, for example. I get that. I’m incredibly lucky to have work that I find meaningful.
But it is one of the most incredible things I’ve been able to create in my life. Purposeful work. Work that feels like I’m doing something good in the world.
People in all kinds of fields have found meaningful work — it’s usually when you’ve done some good in the lives of others. Teachers who see a kid’s eyes light up when they do a science experiment or read a good story. Nurses who help someone who is in pain. Volunteers who help with a project that makes a community better. Writers who inform or delight or provoke. Mothers who help babies grow into wonderful people. A bus driver who keeps his students safe so they can learn. Scientists who are advancing human knowledge. Yoga teachers who bring a measure of inner peace to people’s mornings. A flower gardener whose product will make people’s homes happier. A counselor who helps someone deal with their grief or anxiety. A software engineer whose app empowers creators. An artist whose work gives people a new way of seeing the world. A personal trainer who helps her clients get healthier. A coach who helps his clients make breakthroughs in their lives.
And it’s my belief that anyone can find meaning in their work. Work in an office? Maybe it can feel meaningful to serve your team so that their work gets done easier, or so that the project they’re doing actually gets done. Maybe you help brighten people’s day with your positivity or sense of humor. Maybe you delight your customers with your service. Work as a janitor? Imagine not cleaning for a week and think about how miserable people would be — your work makes their lives better, even if they don’t realize it. A feeling of meaning can come even if the people benefitting don’t realize what you’ve done. Just knowing you’ve made lives better is a wonderful thing.
Meaning is anything that makes lives better — your own life included. If you are putting smiles on people’s faces, helping them find mindfulness, helping them make a living, making their jobs easier or their headaches smaller … you’re doing something meaningful.
Meaningful work is all around us, and it is deeply satisfying. Even joyful, if we can connect to that meaning instead of going through the motions.
Connecting Your Work Tasks to Meaning
It’s one thing to realize how meaningful your work is … and another to actually feel that meaning throughout the day.
The key tools to help you connect any task to meaning are these:
- The Pause. Before you start a task, pause. Then check in with yourself about why this is meaningful (see next two tools). If you’re in the middle of the task and you’ve gotten into Get It Done mode, pause. Check-in. If you’re moving through your day mindlessly, pause. Check-in again. Do this all day long — pause and check in. Then do the next things on this list.
- The Why. When you pause, check in and ask yourself why you’re doing this. Why is it meaningful? Whose life will be made better in some small way? For example, as I write this, I imagine one of you might feel that their work is a little more meaningful. Maybe two of you. That warms my heart (see next step). As I went to yoga class with my daughter this morning, it felt really meaningful to be bringing mindfulness and activity into her life. As I did a coaching call with someone today, it felt meaningful to support their incredible work in the world. As I did chinups with my son this afternoon, it felt meaningful to be bonding with him doing something active. Why does this matter to you? Why is this important enough to be in your life? Connect your task to this Why.
- The Heart. It’s one thing to intellectually know why you’re doing something, and to know in your head why it’s meaningful … but quite another to feel the meaning in your heart. When you think about someone’s life being made better, try to feel the pleasure of doing something good for them. How often do we let ourselves feel pleasure? Feel the love you have for them, in your heart. Feel the joy of putting a smile on their face or easing their burden. You don’t need them to know — but it’s a wonderful thing to do this for them.
It’s that simple. Pause. Check in with your Why. And feel the pleasure, the joy, the love, in your heart.
Keep coming back to that, and tell me your life isn’t better.Continue Reading
Episode 003: Jared shares his five rules to help facilitate better social media communication.Continue Reading
Early one morning last December, Jeff Gracik was heading to his southern California home garage-workshop where he makes his living when he heard a loud, hurried knock on his front door. Thinking it might be a rushed UPS driver, he quickly opened the door. But it wasn’t UPS. Standing on his doorstep were three badge-flashing inspectors from the U.S. Food and Drug Administration. They had come to inspect Jeff’s business.
Just what is Jeff’s business? Does he produce food? No. Does he produce drugs? No again. So why the unannounced visit by FDA inspectors?
Jeff makes pipes for tobacco pipe smokers. He doesn’t make tobacco, mind you, which (alas) Congress empowered the FDA to control, but pipes, most of which are made from wood (most commonly briar, but other varieties too), materials such as acrylic and vulcanized rubber for the mouthpieces, and wood stains, which Jeff buys but does not make.
In its wisdom, the FDA has deemed pipes “tobacco products,” a category of things it regulates under the Family Smoking Prevention and Tobacco Control Act (TCA) of 2009. Forgive the bureaucratese I’m about to shovel your way, but an FDA document states (pp. 257-58):
“The definition of ‘tobacco product’ … includes all components, parts, and accessories of tobacco products (except for raw materials other than tobacco used in manufacturing a component, part, or accessory of a tobacco product). FDA interprets components and parts of a tobacco product to include any assembly of materials intended or reasonably expected: 1) to alter or affect the tobacco product’s performance, composition, constituents or characteristics; or 2) to be used with or for the human consumption of a tobacco product. Both e-cigarettes and pipes meet this definition.”
You may find it odd that the FDA chooses not to regulate lighters, matches, ashtrays, humidors, and the like, but it has its reason: it deems such things to be accessories, not components and parts. Accessories, the FDA says, “do not contain tobacco, are not derived from tobacco, and do not affect or alter the performance, composition, constituents, or characteristics of a tobacco product.” Since pipes do those things, they are deemed regulated components rather than unregulated accessories.
Who knew the FDA personnel had the wisdom to make such fine distinctions?
Note the first word I emphasized a couple of paragraphs earlier: interprets. The FDA admits it has no explicit statutory authority to regulate things not made or derived from tobacco even if they can be used to consume tobacco. Did the members of Congress who wrote and voted for the TCA (which amended the FD&C) deem non-tobacco products such as wooden pipes to be tobacco products? It appears not. The legislation states that the “term ‘tobacco product’ means any product made or derived from tobacco that is intended for human consumption, including any component, part, or accessory of a tobacco product (except for raw materials other than tobacco used in manufacturing a component, part, or accessory of a tobacco product).”
The word including would seem to limit the covered components, parts, and accessories to things “made or derived from tobacco,” of which the briar root Jeff Gracik uses is not an example. Briar comes from the root of the flowering plant called Erica Arborea, or tree heath.
To reinforce my point, note that the word pipe appears in the TCA only as a qualifier for the word tobacco. The statute’s authors wanted to assure that tobacco is understood to include pipe tobacco and not just cigars and cigarettes. But the legislation contains not one single reference to pipes per se. So Congress apparently did not intend to authorize the FDA to control anything other than tobacco or things derived from it, even things that are likely to be used to consume tobacco.
But no matter. The FDA has assumed the power to deem non-A to be A. Logic and common sense be damned.
At any rate, three FDA inspectors (two of them trainees) turned up unannounced at Jeff Gracik’s door to say that they had the authority under the TCA to enter his premises — right then — and inspect his home workshop. Actually, he had “consented” to inspections once every two years when he registered with the FDA as a pipe maker. Jeff had learned earlier that under the law, retailers could not sell his pipes unless he was registered, so he allowed a retailer to register him, saving him the trouble of doing the paperwork himself. He had no choice: he earns his living as a full-time pipe maker and wants to keep doing so.
Jeff, who is 39, started making pipes in 2003. He sold his first one a year later and has since built a sterling reputation among pipe collectors. He makes 100 to 125 pipes a year — which sell for $800 to $3,000 apiece — under the name J. Alan Pipes. Jeff is an artisan; he makes pipes one at a time by hand. Each is unique, a thing of beauty, a dazzling collaboration of nature and human being. He and brother Jeremy have a second, lower-priced line of partially machine-made pipes under the name Alan Brothers.
Needless to say, Jeff was unaccustomed to having federal agents traipsing around his workshop. “I was so shocked,” he told me. He said the inspectors were friendly but firm — and apparently unsure what they were supposed to be doing. This might have been their first venture into unknown territory. (Other pipe makers are being similarly visited.) The inspectors started asking questions “most of which were not really relevant to pipe making. Things like: tell us about all the materials you use. Tell us about where they’re from. Do you have receipts for where they’re from? We need the names for all the distributors for all your materials. We need to know exactly the ingredients with which they’re treated; so, for instance, briar, how is it treated? Of course, I’m an artisan. I don’t have those kinds of records.”
That was just the beginning. “They had me demonstrate how to make a pipe. So I had to take a block of briar and chuck it in my lathe…. And as the day went on, they became more and more interested in what I was doing.” He said some of their questions suggested they were interested in the potential toxicity of materials and ingredient, but that’s as far as that went. They tested no materials or stains and took no sample with them. Jeff was not told to submit anything for approval.
The visit lasted six and a half hours, as if this small businessman had nothing better to do than entertain a group of FDA inspectors. “I got nothing done that day,” he said.
“They wanted to see written procedures,” he explained. “How do you do A to Z?” He told them that as a craftsman and unlike a factory, he has no written procedures. As the hours went by he sensed he was almost gaining sympathy from the inspectors.
Jeff said he did his best to comply with all requests, including requests for documents going back to 2006. “If they shut me down because I failed to answer a question to their satisfaction,” he said, “then my kids don’t eat and we foreclose on our house.”
For the record, the TCA states that regulations “shall not impose requirements unduly burdensome to a tobacco product manufacturer or importer, taking into account the cost of complying with such requirements and the need for the protection of the public health ….” Decide for yourself if the FDA obeys that prohibition.
The FDA and those who support government control will point out that even though pipes are not made from tobacco, they are used to consume tobacco. That’s true. But Gracik points out that some people who buy his pipes, which can be as beautiful as any work of art, are collectors who don’t smoke. (Interestingly, his grandmother’s first cousin was Andy Warhol.)
It’s hard to say how many pipe makers we have in America. People connected with the industry and hobby estimate the number of full-timers at 25 to 30, with a few hundred more who make and sell pipes part-time. Jeff is afraid that the thicket of rules could persuade many of them to “throw in the towel.” He says: “It scared the hell out of a lot of pipe makers when we found out we were under this kind of scrutiny.”
The pipe makers certainly could use a trade association to protect them. But Gracik says they are, unsurprisingly, individualists and so discussions about forming an association have gotten nowhere.
So the FDA harasses — even if it’s with a smile — small-scale artisans who scratch out livings working by hand with wood and other harmless materials. To what end? It’s all part of a larger puritanical campaign to harass peaceful Americans who enjoy consuming tobacco via cigarettes, cigars, pipes, and smokeless tobacco and using non-tobacco nicotine e-cigarettes.
“Nothing so needs reforming as other people’s habits,” Mark Twain said.
Using tobacco is not risk-free, of course, but most things in life are not risk-free. In the real world, risk can be managed and minimized but never eliminated, and in a free society, individuals have the right to decide for themselves how to go about doing it.Continue Reading
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