Quotulatiousness

June 29, 2011

Canada’s constitution has the “notwithstanding” clause . . .

Filed under: Government, Law, Liberty, USA — Tags: , , — Nicholas @ 16:42

. . . but that’s just a loophole compared to the utter legal devastation contained in the American constitution’s Commerce Clause:

Obama and, it seems, many courts, would like to pretend that while the Constitution generally speaks of enumerated and limited powers — all other powers, such a the police power, reserved for the people and the states — that the Commerce Clause generally is a “Take-Back” clause that essentially calls bullshit on everything else in the Constitution.

That is, everything else in the Constitution is about establishing particular powers of the federal government, and, expressly, reserving those not named (or “necessary and proper” to undertake a named power) to the states.

But this new claim is that really there is only one clause that matters in the Constitution, and that is the Commerce Clause, and this one brief clause renders all 4400 other words in the Constitution null and void, because the Commerce Clause says, it is contended, that the federal government may do anything so long as, in the aggregate, it “affects interstate commerce,” which, as is often pointed out, applies to everything.

Having sex with your wife? This affects interstate commerce, as you might wind up creating the ultimate economic effect — a child; a future one-man army of economic activity, labor, investment, and consumption — and even if you don’t, your choice to have sex is a choice not to sample the fruits of interstate commerce, which is affected, then, by your choice to not enter the stream of paid entertainments.

The US federal government clearly does believe that the Commerce Clause is the trump card in the deck. You play that and it doesn’t matter what the other cards may be: you win.

If the framers of the Constitution meant for this one clause to have such omnipotent power, trumping everything else, establishing well-nigh plenary power of the federal government over every aspect of human existence —

Why did no one seem to think it necessary to add even the most gentle limitation on such a far-reaching power?

In other words, if this Clause means what it is, apparently straight-faced, contended to mean, and therefore is the only real clause in the Constitution at all — why did no one think to elaborate upon it?

Why all that wasted time on Amendments and specific powers of Congress, the President, and the Courts, when the only real grant of power in the Constitution is the Commerce Clause?

From the comments, where it’s been pointed out that if this decision is upheld, the government can mandate how many children you have to have:

Bob Saget: If you cannot afford a wife for bearing the Federally mandated minimum number of children, one will be appointed for you.

The real reason for the Greek bailout

Filed under: Economics, Europe, Government, Greece — Tags: , , , , , — Nicholas @ 15:03

Eric S. Raymond explains why all the politicians and apparatchiks of the world’s bureaucracies are lining up to pump for a Greek bailout:

Lost in the eye-glazing babble about maturity extensions, haircuts, and which acronymic organization is going to funnel the money into place is the real magnitude of the stakes here. It’s not just the Greeks’ opera-bouffé parody of the modern redistributionist state that is circling the structural-insolvency drain; what really terrifies our political class is the prospect that, very soon, the investors simply won’t buy government bonds anymore — and massive borrowing through bond issues is the only thing keeping the redistributionist state afloat.

As I have documented many times on this blog, the entitlement-spending commitments of the U.S. Federal government, most U.S. state governments, most European governments, and indeed most national governments everywhere exceed the capacity of their economies to generate wealth. And demographic trends are making the imbalance worse over time, not better.

This is why raising taxes won’t help. The amount of private wealth available to be taxed is insufficient, even if taxation could be raised to 100% without suppressing all economic activity. In practice, raising taxes leads to increases in spending which more than consume the increased revenue (by a ratio of 1.17:1 in the U.S. since the 1940s).

[. . .]

That is the assumption that is now under threat. Greece must be bailed out in order to preserve the illusion that the borrowing can continue indefinitely, that the bill will somehow never come due. When the political class speaks of “contagion”, what they’re really worried about isn’t the solvency of German banks holding Greek paper, it’s a general flight of investors from the sovereign-debt markets.

Corruption as a catalyst for rebellion?

Filed under: Bureaucracy, Germany, Government, Politics, Russia — Tags: , , , — Nicholas @ 07:26

Austin Bay points out that better communications have been important elements in the “Arab Spring” and other populist protests in the world right now, but there’s another element joining them together:

What links the Arab Spring rebellions with political agitation in China and at least another five dozen simmering or emerging crises?

If your answer is “the Internet,” you have identified one of the key information technologies that spread the flames. However, the common human fire in these disparate struggles is intense disgust with embedded corruption.

Tyrants maintain control by isolating and intimidating their subjects. However, since the advent of the printing press and increasing public literacy, preserving tyrannical isolation has become a bit more difficult.

Over time, subjects become aware of social, cultural, economic and political alternatives to the despot’s rule, despite the despot’s propaganda. Just how deeply West German television influenced East German resistance to communism is debatable, but the Iron Curtain could not hide the overwhelming evidence of Western affluence and the West’s ability to occasionally remove corrupt leaders.

Communist elite corruption amidst systemic economic failure certainly influenced resistance throughout Eastern Europe and the Soviet Union. The special stores and vacation homes enjoyed by Communist Party favorites infuriated workers denied similar access. East European workers knew that they were industrialized serfs in handcuffed societies falling further and further behind Western European nations. In 1989, when the Russians concluded the Eastern European security forces could not — or would not — shoot everyone, the Berlin Wall cracked.

June 28, 2011

Government attempts to censor and control the internet spawn opposition

Filed under: Government, Liberty, Media, Technology — Tags: , , , , , , — Nicholas @ 12:06

Loz Kaye makes the point that the recent ratcheting-up of freelance subversion of government and corporate web sites and online communities is a direct reaction to attempts to control the internet:

LulzSec wasn’t an isolated or unique phenomenon. People with passionate beliefs have been using new technological tools to effect change out of a sense of powerlessness. In the last year, I’ve watched 38 Degrees using the strength of association online to change government policy, WikiLeaks force transparency on those who’d rather run from it, even the amorphous mass that is Anonymous taking a stand on whatever issue they feel deserves their attention.

These tools are now themselves under attack. Lord Mandelson’s last gift to us, the Digital Economy Act, is just one of a raft of “three strikes laws” worldwide that threaten to cut off households from the web. Buried in the coalition’s Prevent strategy is the assertion that “internet filtering across the public estate is essential”. Nor is it solely a British issue; Nicolas Sarkozy called for global online governance at the eG8 in his attempt to civilise the “wild west” of the web.

We’re starting to see what this civilising process entails. Open Rights Group revealed that Ed Vaizey and lobbyists held a secret meeting discussing the future of web blocking powers. There was no public oversight and no one asked the net natives. Vaizey has relented a little via Twitter, consenting to open up the discussion — the Pirate Party and I welcome that invitation. It will take more, however, than getting a few NGOs around a table to ease the real sense of anger poisoning the online community.

We’re quickly coming up on a time when we’ll need to enshrine access to the internet (or equivalent data sources) as a formal constitutional right. If we don’t, we will always have this urge to control and to censor on the part of petty authoritarians and bureaucrats.

June 27, 2011

“A substantial expansion of the FBI’s power to monitor innocent Americans”

Filed under: Government, Law, Liberty, USA — Tags: , , — Nicholas @ 12:06

Julian Sanchez on the changes to the FBI’s domestic rulebook:

The change in the rules will remove a crucial deterrent for any of the 14,000 FBI employees who might be tempted to use their government access to all kinds of databases for improper personal ends, or to flout rules prohibiting religious, racial and political profiling. This is no hypothetical concern: Shortly after the new guidelines were announced, a former CIA official alleged that the Bush administration had asked the spy agency to dig up dirt on academic and blogger Juan Cole, whose fierce criticism of the war in Iraq earned the ire of the White House.

The new manual will also give agents who have opened assessments greater authority to employ physical surveillance teams. If the FBI thinks you might make a useful informant, agents will be free to dig through your garbage in hopes of finding embarrassing trash that might encourage you to cooperate. And they will be able to do this without first having to show any evidence that you are engaged in wrongdoing.

The FBI, predictably, is downplaying the changes in its rulebook, characterizing them as “clarifications” and “tweaks.” But all these tweaks add up to a substantial expansion of the FBI’s power to monitor innocent Americans — power Congress wisely curtailed in the 1970s in light of the bureau’s ugly history of spying on political dissidents. The law set broad limits on the most intrusive investigative techniques, such as wiretaps, but the details of who could be investigated and how were largely left to executive branch regulation. As statutory restraints on surveillance have been peeled back over the last decade, Americans have been asked to rely more than ever on those internal rules to check abuses.

The Economist calls for Greek debt restructuring

Filed under: Economics, Europe, Government, Greece — Tags: , , , — Nicholas @ 10:23

A Greek default. It’s stopped being a possibility, moved into being a probability, and it’s starting to look inevitable:

There is an alternative, for which this newspaper has long argued: an orderly restructuring of Greece’s debts, halving their value to around 80% of GDP. It would hardly be a shock to the markets, which have long expected a default (an important difference from Lehman). The banks that still hold a big chunk of the bonds are in better shape to absorb losses today than they were last year. Even if Greece’s debts were cut in half, the net loss would still represent an absorbable proportion of most European banks’ capital.

An orderly restructuring would be risky. Doing it now would crystallise losses for banks and taxpayers across Europe. Nor would it, by itself, right Greece. The country’s economy is in deep recession and it is running a primary budget deficit (ie, before interest payments). Even if Greece restructures its debt and embraces the reforms demanded by the EU and IMF, it will need outside support for some years. That is bound to bring more fiscal-policy control from Brussels, turning the euro zone into a more politically integrated club. Even if that need not mean a superstate with its own finance ministry, the EU’s leaders have not started to explain the likely ramifications of all this to voters. But at least Greece and the markets would have a plan with a chance of working.

No matter what fictions they concoct this week, the euro zone’s leaders will sooner or later face a choice between three options: massive transfers to Greece that would infuriate other Europeans; a disorderly default that destabilises markets and threatens the European project; or an orderly debt restructuring. This last option would entail a long period of external support for Greece, greater political union and a debate about the institutions Europe would then need. But it is the best way out for Greece and the euro. That option will not be available for much longer. Europe’s leaders must grab it while they can.

June 25, 2011

Taxes must rise to maintain “the overall size of government programs”

Filed under: Economics, Government, Politics, USA — Tags: , , — Nicholas @ 11:59

Treasury Secretary Timothy Geithner was being as honest as he knows how in talking to the House Small Business Committee this week. Reducing the size of government is literally unthinkable:

[T]he Obama administration believes taxes on small business must increase so the administration does not have to “shrink the overall size of government programs.”

The administration’s plan to raise the tax rate on small businesses is part of its plan to raise taxes on all Americans who make more than $250,000 per year — including businesses that file taxes the same way individuals and families do.

[. . .]

Geithner, continuing, argued that if the administration did not extract a trillion dollars in new revenue from its plan to increase taxes on people earning more than $250,000, including small businesses, the government would in effect “finance” what he called a “tax benefit” for those people.

“We’re not doing it because we want to do it, we’re doing it because if we don’t do it, then, again, I have to go out and borrow a trillion dollars over the next 10 years to finance those tax benefits for the top 2 percent, and I don’t think I can justify doing that,” said Geithner.

Not only that, he argued, but cutting spending by as much as the “modest change in revenue” (i.e. $1 trillion) the administration expects from raising taxes on small business would likely have more of a “negative economic impact” than the tax increases themselves would.

Reason.TV reporter arrested for “disorderly conduct” and “trespassing”

Filed under: Government, Law, Liberty, Media — Tags: , , , — Nicholas @ 11:15

June 24, 2011

Cato Institute: The President doesn’t take an oath to the UN charter

Filed under: Government, Military, USA — Tags: , , , , , — Nicholas @ 11:08

June 23, 2011

More on Mexico’s plight

Filed under: Americas, Government, USA — Tags: , , , — Nicholas @ 12:08

With the Bureau of Alcohol, Tobacco, Firearms and Explosives losing control of their crack-brained “Operation Fast and Furious” (aka “Gunwalker”), you’d think that the firearm problem in Mexico has gotten worse. Even if the low estimate of 2500 weapons delivered to the narcotrafficers is accurate (most think it’s at least 4 times that number), it barely puts a dent in the extent of Mexico’s problems:

By now it should be clear that the Mexican drug cartels have taken over the country. They’ve murdered journalists, politicians, judges, businessmen, police, soldiers and each other, with impunity. Their control is so complete that they’ve set up roadblocks to extort blood money from anyone bold enough to believe they have the right to travel freely. They’ve murdered so many people that they’ve resorted to dumping lifeless bodies into mass graves.

Every single day, there’s a fresh story of murder and mayhem. Today, it’s “Eight Bodies Found in Mountains in Northern Mexico” and “Gunmen Kidnap 7 from Drug Rehab Center in Northern Mexico”. The crime-related casualties number in the tens of thousands. That’s to say nothing of the thousands physically and psychologically maimed by torture, or the millions of Mexican living in fear, denied their basic human rights. The Taliban have nothing on these guys.

In other words, adding a few thousand guns from American sources isn’t even a drop in the bucket as far as Mexico’s real problems are concerned:

The ATF purposely mislead Americans to believe that “90 percent of Mexican cartels guns come from Bob’s Gun Store.” That lie was exposed: 88 percent of guns confiscated by the Mexican authorities and successfully submitted for trace to the ATF came from America. (Not necessarily American gun dealers either, BTW). How many qualifiers can you stick in a stat to make it bark like a dog? More importantly, the total population of guns confiscated by the Mexicans in that stat was 30,000.

Now consider the fact that the Mexican police and military are thoroughly corrupt. In fact, there’s every reason to believe that these two entities have supplied the drug cartels with majority of their box fresh military-grade weapons. Weapons that American and foreign weapons makers sold to the Mexican authorities legally. And that means the Mexican have no reason to confiscate any weapons — other than creating a little security theater and transferring ownership from one cartel to another.

June 22, 2011

Carr: LulzSec versus the CIA

Filed under: Government, Technology, USA — Tags: , , , , — Nicholas @ 07:50

Paul Carr is somewhat dismissive of the hacking exploits of the LulzSec group:

For the past few weeks, a hacker collective called LulzSec has been leading American and British authorities a merry dance. The group’s targets are seemingly random – Sony, the CIA, contestants of a reality TV show, the Serious Organised Crime Agency (Soca) – but their stated motive has remained constant: “we’re doing it for laughs”, or, to put it in internet parlance, “lulz”.

If one is to believe the media coverage – particularly here in the US‚ no one is safe from the ingenious hackers and their devilishly complex attacks. The truth is, there’s almost nothing ingenious about what LulzSec is doing: CIA and Soca were not “hacked” in any meaningful sense, rather their public websites were brought down by an avalanche of traffic — a so-called “distributed denial-of-service” (DDoS) attack. Given enough internet-enabled typewriters, a mentally subnormal monkey could launch a DDoS attack — except that mentally subnormal monkeys have better things to do with their time.

Even the genuine hacks are barely worthy of the word. Many large organisations use databases with known security holes that can easily be exploited by anyone who has recently completed the first year of a computer science degree: it’s no coincidence that so many of these hacker collectives appear towards the end of the academic year.

June 21, 2011

The Athens protests as a theatre for projection

Filed under: Economics, Europe, Government, Greece, Media — Tags: , , , — Nicholas @ 09:45

Whatever may really be behind the protests, reporters are having a wonderful time using it as a blank canvas to project their own notions:

Some seriously overblown claims are being made about the anti-government, anti-EU, anti-IMF protests in Athens. ‘Syntagma Square has become the frontline of the battle against European austerity’, said one giddy British reporter, referring to the square where for the past three weeks Greek citizens, calling themselves ‘indignados’, have been protesting against the IMF/EU demand for further austerity measures before Greece can receive more aid. In truth, the most striking thing about the protests is their incoherence, even their childishness. Far from being the frontline of any kind of solid movement, the Syntagma camp-in is a confused, depoliticised, borderline petulant response to the economic crisis.

Some European journalists and activists have become so enamoured by the physicality of the protests that they seem not to have noticed the gaping political hole at the heart of them. BBC reporters, who normally spend most of their time in stuffy, smokeless offices, have written with undisguised glee of their sweaty experiences in Athens, where the ‘teargas hits us without warning’ and ‘we crush together, shoulder to shoulder’. A Guardian reporter describes being ‘jammed up against the railings’ in a ‘raucous’ atmosphere that is like ‘an open-air concert’. Hacks more used to writing about Vince Cable’s latest pronouncement on business law have leapt upon the opportunity to get stuck into a seemingly more thrilling economic story, in the process presenting the Syntagma stand-off as way more profound than it actually is.

Likewise, many amongst the European left are busily projecting their aspirations on to Athens. This is the ‘start of the European workers’ fightback’, they claim, describing the protests as the ‘beginning’ of an uprising against austerity that they knew would come. It is a feeling of profound disarray and disconnection amongst European left groups, their sensitivity to the political stasis that has largely greeted the economic crisis, which leads them to make excitable claims about Greece. Motivated by a determination to avoid having hard debates at home about the crisis, far less try to come up with any strategies for resolving it, they content themselves instead with celebrating the rowdy ‘indignation’ of Greek protesters and imagining that it represents the first stirrings of the return of traditional class politics.

June 20, 2011

Operation Gunrunner

Filed under: Americas, Government, USA — Tags: , , , — Nicholas @ 12:26

Also from the latest Libertarian Enterprise:

BATFE started Operation Fast and Furious, now better known as Gunrunner, as a sting to catch people smuggling weapons to the narcotraficantes in Mexico. They ran into a problem. Gun dealers in the area involved “made” the straw men buyers and called the BATFE to report these types. ATFE told the gun dealers not to worry and sell the guns. Not ten or twenty times, not a couple of hundred times like a reasonable person would expect. The lowest figure I’ve seen is about 2,500, enough weapons for a small brigade.

Let us clearly summarize this idea, the ATFE ordered law abiding American merchants to arm a brigade of criminals.

In effect ATFE armed an army of murderers, rapists, extortionists, and slavers who financed their actions by smuggling drugs into the US. This has helped destabilize the government of Mexico and led to the terrorizing of the honest working people of that nation. The last time I checked such behavior constitutes an act of war. Either it is the policy of the United States to destabilize the government of friendly nations ( given some of the stunts we’ve pulled this is less unreasonable than it ought to be) or elements of the Bureau of Alcohol, Tobacco, Firearms and Explosives abused their police authority in the United States to conduct a filibuster (look up original meeting) against Mexico. Not only that, they did so with the approval and support of Attorney General Eric Holder.

June 19, 2011

Cyber-espionage in theory and practice

Filed under: China, Government, Military, Technology, USA — Tags: , , , — Nicholas @ 09:50

An interesting article at Strategy Page discussing online espionage:

Firms with the most to lose, like financial institutions, guard their data most successfully. They do this the old-fashioned way, with layers and layers of security, implemented by the best (and most highly paid) people and pushed by senior managers who take the time to learn about what they are dealing with, and what it will take to stay on top of the problem.

It’s different in the defense business. If the Chinese steal data on some new weapon, there might be a problem years down the road, when the Chinese offer a cheaper alternative to an American weapon, for the export market. But even that problem has a silver lining, in that you can get away with insisting that those clever Chinese developed your technology independently. Meanwhile, everyone insists that there was no espionage, cyber or traditional, involved. As a further benefit, the American firm will get more money from a terrified government, in order to maintain the American technical edge. It’s the same general drill for military organizations. But for financial institutions, especially those that trade in fast moving currency, derivatives and bond markets, any information leaks can have immediate, and calamitous consequences. You must either protect your data, or die.

It’s not exactly a secret that China has been active in this area, but the extent of their official activity is hard to state. However, just as non-state actors take advantage of individuals who fail to use anti-virus software on their computers, ignorance and apathy are tools for state actors:

But the biggest problem, according to military Cyber War commanders, is the difficulty in making it clear to political leaders, and non-expert (in Internet matters) military commanders, what the cyber weapons are, and the ramifications of the attacks. Some types of attacks are accompanied by the risk of shutting down much, or all, of the Internet. Other types of operations can be traced back to the source. This could trigger a more conventional, even nuclear, response. Some attacks use worms (programs that, once unleashed, keep spreading by themselves.) You can program worms to shut down after a certain time (or when certain conditions are met). But these weapons are difficult, often impossible, to test “in the wild” (on the Internet). By comparison, nuclear weapons were a new, very high-tech, weapon in 1945. But nukes were easy to understand; it was a very powerful bomb. Cyber weapons are much less predictable, and that will make them more difficult for senior officials to order unleashed.

So the first order of business is to develop reliable techniques to quickly, and accurately, educate the senior decision makers about what they are about to unleash. This would begin with the simplest, and cheapest, weapons, which are botnets, used for DDOS attacks. In plain English, that means gaining (by purchase or otherwise) access to hundreds, or thousands, of home and business PCs that have had special software secretly installed. This allows whoever installed the software that turned these PCs into zombies, to do whatever they want with these machines. The most common thing done is to have those PCs, when hooked up to the Internet, to send as many emails, or other electronic messages, as it can, to a specified website. When this is done with lots of zombies (a botnet), the flood of messages becomes a DDOS (Distributed Denial of Service) attack that shuts the target down. This happens because so much junk is coming in from the botnet, that no one else can use the web site.

June 18, 2011

When even the Guardian says it’s unconstitutional…

Filed under: Africa, Government, Law, Military, USA — Tags: , , , — Nicholas @ 09:20

…it’s very likely that it is unconstitutional:

On Wednesday, the White House provided Congress with a report on US operations in Libya. This report claims that the US military’s ongoing involvement in Libya does not amount to “hostilities” and, as such, does not require the approval of Congress. In this assertion, the Obama administration is engaging in legal spin of the worst kind.

While the president is the commander-in-chief of the US military, since the passage of the War Powers Resolution in 1973, Congress has required that the president seek congressional approval for combat operations continuing after a period of 60 days. This resolution expanded the implied authority of Congress that stems from the constitutional power of Congress to declare war. While the US supreme court has not visited the constitutionality of the War Powers Resolution, the resolution’s precedence has motivated all presidents since Nixon to seek approval (if sometimes indirectly) for relevant US military deployments abroad. This included President George W Bush with regard to both Iraq and Afghanistan.

In the case of Iraq, while a senator, Obama was inclined to a highly assertive consideration of the reach of congressional war authority. In this context, that the Obama administration is now arguing US military involvement in Libya does not require authorisation from Congress is patently absurd. In terms of both material support and strategy, the US is unquestionably engaged in hostilities against the Libyan regime.

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