Quotulatiousness

August 18, 2014

QotD: Police militarization was a response to a problem that never happened

Filed under: Law, Liberty, Quotations, USA — Tags: , , , — Nicholas @ 10:14

Two decades ago violent crime really was out of control, and it seemed reasonable to a lot of people that police needed to respond in a much more forceful way. We can argue forever about whether militarizing our police forces was an appropriate response to higher crime rates, but at least it was an understandable motivation. Later, police militarization got a further boost from 9/11, and again, that was at least an understandable response.

But at the same time the trend toward militarization started in the early 90s, the crime wave of the 70s and 80s finally crested and then began to ebb. Likewise, Al Qaeda terrorism never evolved into a serious local problem. We’ve spent the past two decades militarizing our police forces to respond to problems that never materialized, and now we’re stuck with them. We don’t need commando teams and SWAT units in every town in America to deal with either terrorism or an epidemic of crime, so they get used for other things instead. And that’s how we end up with debacles like Ferguson.

Police militarization was a mistake. You can argue that perhaps we didn’t know that at the time. No one knew in 1990 that crime was about to begin a dramatic long-term decline, and no one knew in 2001 that domestic terrorism would never become a serious threat. But we know now. There’s no longer even a thin excuse for arming our police forces this way.

Kevin Drum, “We Created a Policing Monster By Mistake”, Mother Jones, 2014-08-16.

August 17, 2014

The police militarization problem

Filed under: Law, Liberty, USA — Tags: , , , — Nicholas @ 00:02

Mark Steyn looks at the situation in Ferguson, Missouri and the larger problem of police militarization generally:

It’s important, when something goes wrong, to be clear about what it is that’s at issue. Talking up Michael Brown as this season’s Trayvonesque angel of peace and scholarship was foolish, and looting stores in his saintly memory even worse. But this week’s pictures from Ferguson […] ought to be profoundly disquieting to those Americans of a non-looting bent.

The most basic problem is that we will never know for certain what happened. Why? Because the Ferguson cruiser did not have a camera recording the incident. That’s simply not credible. “Law” “enforcement” in Ferguson apparently has at its disposal tear gas, riot gear, armored vehicles and machine guns … but not a dashcam. That’s ridiculous. I remember a few years ago when my one-man police department in New Hampshire purchased a camera for its cruiser. It’s about as cheap and basic a police expense as there is.

Last year, my meek mild-mannered mumsy office manager was pulled over by an angry small-town cop in breach of her Fourth Amendment rights. The state lost in court because the officer’s artful narrative and the usual faked-up-after-the-fact incident report did not match the dashcam footage. Three years ago, I was pulled over by an unmarked vehicle in Vermont and (to put it mildly) erroneously ticketed. In court, I was withering about the department’s policy of no dashcams for unmarked cars, and traffic cops driving around pretending to be James Bond but without the super-secret spy camera. The judge loathed me (as judges tend to), but I won that case. In 2014, when a police cruiser doesn’t have a camera, it’s a conscious choice. And it should be regarded as such.

And, if we have to have federal subsidy programs for municipal police departments, we should scrap the one that gives them the second-hand military hardware from Tikrit and Kandahar and replace it with one that ensures every patrol car has a camera.

[…] when the police are dressed like combat troops, it’s not a fashion faux pas, it’s a fundamental misunderstanding of who they are. Forget the armored vehicles with the gun turrets, forget the faceless, helmeted, anonymous Robocops, and just listen to how these “policemen” talk. Look at the video as they’re arresting the New York Times and Huffington Post reporters. Watch the St Louis County deputy ordering everyone to leave, and then adding: “This is not up for discussion.”

Really? You’re a constable. You may be carrying on like the military commander of an occupying army faced with a rabble of revolting natives, but in the end you’re a constable. And the fact that you and your colleagues in that McDonald’s are comfortable speaking to your fellow citizens like this is part of the problem. The most important of the “nine principles of good policing” (formulated by the first two commissioners of the Metropolitan Police in 1829 and thereafter issued to every officer joining the force) is a very simple one: The police are the public and the public are the police. Not in Ferguson. Long before the teargassing begins and the bullets start flying, the way these guys talk is the first indication of how the remorseless militarization has corroded the soul of American policing.

August 16, 2014

ESR on demilitarizing the police

Filed under: Law, Liberty, USA — Tags: , , , , , , — Nicholas @ 10:32

Eric S. Raymond is with most other libertarians about the problems with having your police become more like an occupying army:

I join my voice to those of Rand Paul and other prominent libertarians who are reacting to the violence in Ferguson, Mo. by calling for the demilitarization of the U.S.’s police. Beyond question, the local civil police in the U.S. are too heavily armed and in many places have developed an adversarial attitude towards the civilians they serve, one that makes police overreactions and civil violence almost inevitable.

But I publish this blog in part because I think it is my duty to speak taboo and unspeakable truths. And there’s another injustice being done here: the specific assumption, common among civil libertarians, that police overreactions are being driven by institutional racism. I believe this is dangerously untrue and actually impedes effective thinking about how to prevent future outrages.

There are some unwelcome statistics which at least partly explain why young black men are more likely to be stopped by the police:

… the percentage of black males 15-24 in the general population is about 1%. If you add “mixed”, which is reasonable in order to correspond to a policeman’s category of “nonwhite”, it goes to about 2%.

That 2% is responsible for almost all of 52% of U.S. homicides. Or, to put it differently, by these figures a young black or “mixed” male is roughly 26 times more likely to be a homicidal threat than a random person outside that category – older or younger blacks, whites, hispanics, females, whatever. If the young male is unambiguously black that figure goes up, about doubling.

26 times more likely. That’s a lot. It means that even given very forgiving assumptions about differential rates of conviction and other factors we probably still have a difference in propensity to homicide (and other violent crimes for which its rates are an index, including rape, armed robbery, and hot burglary) of around 20:1. That’s being very generous, assuming that cumulative errors have thrown my calculations are off by up to a factor of 6 in the direction unfavorable to my argument.

[…]

Yeah, by all means let’s demilitarize the police. But let’s also stop screaming “racism” when, by the numbers, the bad shit that goes down with black male youths reflects a cop’s rational fear of that particular demographic – and not racism against blacks in general. Often the cops in these incidents are themselves black, a fact that media accounts tend to suppress.

What we can actually do about the implied problem is a larger question. (Decriminalizing drugs would be a good start.) But it’s one we can’t even begin to address rationally without seeing past the accusation of racism.

August 15, 2014

The protests in Ferguson

Filed under: Law, Liberty, USA — Tags: , , , , — Nicholas @ 15:38

David Harsanyi responds to some thoughts by David Frum:

Can you imagine what Ferguson would look like if all these demonstrators were armed?

It’s a question that’s popped up in my Twitter feed in various forms over the past few days. And as my colleague Mollie Hemingway has already done a fine job of pointing out, many in the media revealed they have only a muddled understanding of gun rights.

But let’s go with David Frum’s hypothetical proposition, because it brings to mind a few broader points.

[…]

In this situation, it was the state that behaved as if it had been deployed for war, not the majority of protestors. Most civilians don’t use guns recklessly in these situations (or any, for that matter) for reasons of self-preservation and more vitally – and this may surprise some people – because most people have absolutely no desire to shoot at the police. Even protesting civilians. Even angry protesting civilians.

So a more appropriate observation might be: Isn’t it amazing that in a country with over 250 million guns in circulation, violent political protests are almost nonexistent?

I nearly pulled the end of this article as a QotD entry on its own:

In my understanding, owning guns for self-defense or sport are only secondary reasons to support the Second Amendment. Though gun advocates often shy away from making the case, the best and most vital purpose of an armed citizenry is to be a buttress against tyrannical government. Now, I’ve never owned a gun, and I have no reason to believe that the time for aiming muskets at government troops is close or inevitable. And if it needs to be pointed out, those who do are nuts. As tragic as events of Ferguson have been, the situation certainly doesn’t call for any armed rebellion.

And yet. When the police block Main Street with tanks and aim their high-powered rifles at unarmed protestors, I don’t think to myself: “Hey, thank goodness those citizens have no way to defend themselves.” Apparently some people do.

August 14, 2014

So, what happened recently in Ferguson, Missouri?

Filed under: Law, Liberty, Media, USA — Tags: , , , — Nicholas @ 07:57

Most of the mainstream media is failing to do their job — investigating and reporting the news — so the most useful tidbits of information seem to be coming from sources like Twitter. Note that this isn’t verified, cross-referenced, and fact-checked … but neither is much of the mainstream news these days.


(more…)

August 12, 2014

“Ayn Rand-obsessed pot smokers who want to hide their money from the tax man”

Filed under: Liberty, Politics, USA — Tags: , , , , — Nicholas @ 08:06

J.D. Tuccille on five libertarian issues that should matter just as much to non-libertarians:

Are libertarians just Ayn Rand-obsessed pot smokers who want to hide their money from the tax man? That’s what many critics of the libertarian movement, and its seemingly looming moment in American history (as reported by the New York Times) would have you believe. But maybe we’re smoking that grass because we’re all too aware of what government officials do with that money (and to us all) when they get their hands on it (Ayn Rand did provide some cautionary tales, if you care to read her books).

Below are just five of the many issues on which libertarian journalists, independent think-tankers, state-challenging politicians, and freedom-loving litigators, among others, have worked to preserve and extend our liberty over the years. These are issues that matter to us. We think they should matter to you too — and they already may.

America’s Insane Incarceration Rate

“Every ten or eleven people that you meet, someone is going to either know someone in prison, has been in prison with a record, or you met them and they are going off to prison,” Michael Stoll, co-author of Why Are So Many Americans in Prison?, told Reason last year.

Those who now fill the nation’s jails, prisons, and detention centers, says the Prison Policy Initiative, number about 2.4 million people.

[…]

The Insane War on Drugs

The easiest way to get thrown behind bars in recent years has been by using, buying, selling, or merely possessing an intoxicant that doesn’t meet politicians’ approval. Prohibition of alcohol may have failed, but the impulse to prohibit — and to penalize those who don’t or won’t get with the program, continues in laws against marijuana, cocaine, methamphetamine, and myriad other substances.

[…]

Whatever the Hell Happened to Police in This Country

You can’t have prisons groaning full of people busted for drug violations without somebody to put them there. That somebody is inevitably law enforcement in all its various permutations—though you might be forgiven for thinking it’s an occupying army, given the military tactics, equipment, and mindset that so many police departments have adopted.

[…]

Small Business-Killing Meddling

Government officials don’t have to unleash uniformed minions on you to make your life miserable — they can do the same thing with a web of red tape and a plague of inspectors. The challenge of making an honest living can become almost impossible when burdened with bureaucracy.

[…]

Peace

You can’t enjoy life, liberty, and prosperity if your ass has been shot off in some politician’s bloody military adventure. And libertarian-oriented lawmakers feature prominently among the “wacko-birds” denounced by uber-hawk, Sen. John McCain (R-Az.). Specifically, Sen. Rand Paul (R-Ky.) and Rep. Justin Amash (R-Mich.) ranked proudly among those called out for opposing drone assassinations and unprovoked interventions in other countries’ affairs.

August 9, 2014

QotD: What is it that keeps democracies democratic?

Filed under: Government, Law, Liberty, Quotations, USA — Tags: , , , , — Nicholas @ 00:03

This is the only thing that keeps either party within a mile of good behavior — the understanding that if you deceive the public, or act with gross incompetence, that behavior is going to be politicized and used against you.

Consider the example of the various one-party cities in this nation.

Can there be any doubt that “politicization” of one’s errors or actual violations is, while annoying for the party who has erred, the only thing that restrains a party from wholesale violations of the public trust?

Besides the obvious salutary public policy effects, there is of course a more tangible reason why records should be retained and, when subpoenaed by Congress, disclosed to that body:

Because it’s the law.

And adherence to the Law is the only thing that keeps a society of feuding political parties from degenerating into a third-world system of coups and counter-coups.

If the party I oppose shows perfect contempt for following the law when it sees a political advantage in doing so, why should I not support the selfsame law-breaking when the party I support decides it might find some advantage in doing so?

The government’s basis for rule over the citizens is based on two things:

1. Sheer naked coercive power.

And:

2. Moral authority, and the notion that, while a citizen might not like the particular government serving at any particular time, that citizen values something more eternal than the temporary political circumstances of a four year period of time.

Namely, the idea that it is best for everyone to follow the law, because it’s more important to support a stable government without turmoil and violence than to violate the law to win on any immediate, ephemeral political point.

Note that it is far better for any society that the government’s power rests more on the second pillar than on the first. Because so long as that pillar, of moral authority, of general fairness, of a general sense that the longterm interests of America are better served by adherence to government than to rebellion against it, the government will rarely, if ever, have to resort to the ultimate pillar of authority, which is physical, violent coercion.

Ace, “Sure Why Not: HHS Emails Sought by Congress To Determine Why Healthcare.gov Was Such a Catastrophe Are, Get This, Missing”, Ace of Spades H.Q., 2014-08-08.

August 8, 2014

David Harsanyi is remarkably unimpressed with the “Libertarian moment” talk

Filed under: Liberty, Politics, USA — Tags: , , , — Nicholas @ 07:59

In The Federalist, David Harsanyi goes out of his way to stamp out any libertarian optimism that the typical American voter is becoming more in favour of free minds and free markets:

A libertarian — according to the dictionary, at least — is a person who “upholds the principles of individual liberty especially of thought and action.” And there is simply no evidence that Americans are any more inclined to support policy that furthers individual freedom or shrinks government.

Take two of the most frequently cited issues that herald the libertarian renaissance: legalized pot and gay marriage. Both of them, I would argue, are only inadvertently aligned with libertarian values. These are victories in a culture war. Both issues have rapidly gained acceptance in the United States, but support for them does not equate to any newfound longing to “uphold the principles of individual liberty.”

Many supporters of pot legalization are, for example, probably just as sympathetic to nanny-state prohibitions on products they find insalubrious or environmentally unfriendly. More seriously, many of the most passionate proponents of same-sex marriage are also the most passionate proponents of the government forcing Christian bakers and florists to participate in gay marriages and impelling religious business owners to subsidize contraception for their employees.

Beating back people who stand in the way of gay marriage to make room for people who stand in the way of religious freedom and free association doesn’t exactly feel like a victory on the liberty front.

[…]

The case for libertarian political success always seems to hinge on the idea of pleasing the left on social issues — namely, on abortion. So why is that the most successful libertarians — and really we’re talking about Republicans like Justin Amash and Rand Paul — rarely focus on the issues that allegedly define the “libertarian moment.” Paul has taken a moderate, incremental approach on gay marriage. He’s strongly pro-life. And he’s the most successful libertarian politician in America. Many social conservatives are giving Paul’s libertarian views on foreign policy, the NSA, and sentencing reform a fair hearing. Which would not have happened if he had moved strongly to the left on social issues.

Democrats will never be able to accept libertarian fiscal policy. It’s far more likely that conservatives will end up adopting a more laissez faire, let-the-states-decide outlook out of necessity. So maybe the more apt political question should be: how do libertarians and social conservatives coexist? That hasn’t happened yet. Until it does there is no libertarian moment in American politics.

QotD: The nature of liberty

Filed under: Humour, Law, Liberty, Quotations, USA — Tags: , , , — Nicholas @ 00:01

So with the Bill of Rights. As adopted by the Fathers of the Republic, it was gross, crude, inelastic, a bit fanciful and transcendental. It specified the rights of a citizen, but it said nothing whatever about his duties. Since then, by the orderly processes of legislative science and by the even more subtle and beautiful devices of juridic art, it has been kneaded and mellowed into a far greater pliability and reasonableness. On the one hand, the citizen still retains the great privilege of membership in the most superb free nation ever witnessed on this earth. On the other hand, as a result of countless shrewd enactments and sagacious decisions, his natural lusts and appetites are held in laudable check, and he is thus kept in order and decorum. No artificial impediment stands in the way of his highest aspiration. He may become anything, including even a policeman. But once a policeman, he is protected by the legislative and judicial arms in the peculiar rights and prerogatives that go with his high office, including especially the right to jug the laity at his will, to sweat and mug them, to subject them to the third degree, and to subdue their resistance by beating out their brains. Those who are unaware of this are simply ignorant of the basic principles of American jurisprudence, as they have been exposed times without number by the courts of first instance and ratified in lofty terms by the Supreme Court of the United States. The one aim of the controlling decisions, magnificently attained, is to safeguard public order and the public security, and to substitute a judicial process for the inchoate and dangerous interaction of discordant egos.

[…]

Thus the law, statute, common and case, protects the free American against injustice. It is ignorance of that subtle and perfect process and not any special love of liberty per se that causes radicals of anti-American kidney to rage every time an officer of the gendarmerie, in the simple execution of his duty, knocks a citizen in the head. The gendarme plainly has an inherent and inalienable right to knock him in the head: it is an essential part of his general prerogative as a sworn officer of the public peace and a representative of the sovereign power of the state. He may, true enough, exercise that prerogative in a manner liable to challenge on the ground that it is imprudent and lacking in sound judgment. On such questions reasonable men may differ. But it must be obvious that the sane and decorous way to settle differences of opinion of that sort is not by public outcry and florid appeals to sentimentality, not by ill-disguised playing to class consciousness and anti-social prejudice, but by an orderly resort to the checks and remedies superimposed upon the Bill of Rights by the calm deliberation and austere logic of the courts of equity.

The law protects the citizen. But to get its protection he must show due respect for its wise and delicate processes.

H.L. Mencken, “The Nature of Liberty”, Prejudices, Third Series, 1922.

August 7, 2014

“Let’s say Ron Paul is Nirvana … Then Rand Paul — he’s Pearl Jam”

Filed under: Liberty, Politics, USA — Tags: , — Nicholas @ 10:52

Republican politicians as bands? In the New York Times? Fascinating. Here’s Matt Welch responding to the article:

The New York Times Magazine has just published a 6,600-word exploration of, essentially, whether, Nick Gillespie is right when he says “The libertarian moment is now.” Writer Robert Draper, author of the terrific 1991 book Rolling Stone Magazine: An Uncensored History, and more recently When the Tea Party Came to Town, takes an entertaining tour through various antechambers of the libertarian movement, from Reason‘s gin-swilling D.C. headquarters, through the Free State Project’s anarchic PorcFest, to the offices of Rep. Justin Amash (R-Michigan) and Sen. Rand Paul (R-Kentucky), in search of ever-elusive answers about what these libertarians want, how/if they plan to use two-party system to get there, and whether 2016 will be the presidential cycle when the burgeoning libertarianism of the millennial generation will produce a political realignment.

You’ll come for the Kennedy Ron Paul/Nirvana quote, stay for the Nick Gillespie/Lou Reed comparison, savor David Frum’s delicious contempt, and be left rooting for a clarifying Rand Paul/Hillary Clinton showdown.

August 5, 2014

ESR on “requesting orders from the International Lord of Hate as to which minority group we are to crush beneath our racist, fascist, cismale, heteronormative jackboots this week”

Filed under: Books, Liberty, Media, Politics — Tags: , , , — Nicholas @ 15:10

ESR discusses the ongoing civil war in the SF community that most non-fans — and even many actual fans — may not be consciously aware of:

On the one hand, you have a faction that is broadly left-wing in its politics and believes it has a mission to purge SF of authors who are reactionary, racist, sexist et weary cetera. This faction now includes the editors at every major SF publishing imprint except Baen and all of the magazines except Analog and controls the Science Fiction Writers of America (as demonstrated by their recent political purging of Theodore Beale, aka Vox Day). This group is generally frightened of and hostile to indie publishing. Notable figures include Patrick & Theresa Nielsen Hayden and John Scalzi. I’ll call this faction the Rabbits, after Scalzi’s “Gamma Rabbit” T-shirt and Vox Day’s extended metaphor about rabbits and rabbit warrens.

On the other hand, you have a faction that is broadly conservative or libertarian in its politics. Its members deny, mostly truthfully, being the bad things the Rabbits accuse them of. It counteraccuses the Rabbits of being Gramscian-damaged cod-Marxists who are throwing away SF’s future by churning out politically-correct message fiction that, judging by Amazon rankings and other sales measures, fans don’t actually want to read. This group tends to either fort up around Baen Books or be gung-ho for indie- and self-publishing. Notable figures include Larry Correia, Sarah Hoyt, Tom Kratman, John C. Wright, and Vox Day. I’ll call this group the Evil League of Evil, because Correia suggested it and other leading figures have adopted the label with snarky glee.

A few other contrasts between the Rabbits and the Evil League are noticeable. One is that the Evil League’s broadsides are often very funny and it seems almost incapable of taking either itself or the Rabbits’ accusations seriously – I mean, Correia actually tags himself the “International Lord of Hate” in deliberate parody of what the Rabbits say about him. On the other hand, the Rabbits seem almost incapable of not taking themselves far too seriously. There’s a whiny, intense, adolescent, over-fixated quality about their propaganda that almost begs for mockery. Exhibit A is Alex Dally McFarlane’s call for an end to the default of binary gender in SF.

There’s another contrast that gets near what I think is the pre-political cause of this war. The Rabbits have the best stylists, while the Evil League has the best storytellers. Pick up a Rabbit property like Rich Horton’s The Year’s Best Science Fiction and Fantasy 2014 and you’ll read large numbers of exquisitely crafted little numbers about nothing much. The likes of Correia, on the other hand, churn out primitive prose, simplistic plotting, at best serviceable characterization – and vastly more ability to engage the average reader. (I would bet money, based on Amazon rankings, that Correia outsells every author in that collection combined.)

All this might sound like I’m inclined to sign up with the Evil League of Evil. The temptation is certainly present; it’s where the more outspoken libertarians in SF tend to have landed. Much more to the point, my sense of humor is such that I find it nearly impossible to resist the idea of posting something public requesting orders from the International Lord of Hate as to which minority group we are to crush beneath our racist, fascist, cismale, heteronormative jackboots this week. The screams of outrage from Rabbits dimwitted enough to take this sort of thing seriously would entertain me for months.

August 2, 2014

Explaining free market exchange in real-world terms

Filed under: Economics, Liberty — Tags: — Nicholas @ 11:17

A lovely little bit of explanation (that doesn’t require you to already have Econ 101 on your transcript):

“What are you looking at? Oh, Craigslist. My brother uses that all the time. Crazy, he should get a job”

“What does he do”

“Oh, he buys phones and stuff like that, jailbreaks them, then sells them for a lot more. He’ll buy a phone for $150 and sell it for $400.”

“Sounds like he’s doing pretty well”

“I suppose, but he’s always driving all over to buy stuff”

“Ok. How long do you suppose it takes him to pick one up and get home? Hour and a half? How long to jailbreak it? Lets say 30 minutes, although I bet it a lot less if he has the machine or program or whatever you use. You just told me he made $250 bucks on that one phone he sold. Dude, that’s $125/hour! That’s a pretty good income. That’s the how the free market works. People buy stuff they can sell to make money.”

“I sold an old car to Crazy Rays (Crazy Rays is a pick n pull junkyard) for $500. I bet they sold 2-3 grand worth of parts off of it.”

“How much work would it have been for you to part it out and sell the parts yourself?”

“Too much”

“And you’d rather have the $500 than your old beater, right?”

“Damn straight”

“See, that’s the beauty of the free market! Nobody loses!”

“What do you mean”

“Look, they don’t teach this in school anymore, but think about it for a sec. You hear all this crap about evil corporations and price gouging and that kind of shit. In a free market, that’s all crap. Nobody voluntarily makes a deal that’s bad for them. You’d rather have the $500 than your old car. Win. Crazy Rays would rather have your old car than the $500. Win. Who loses?”

“Nobody”

“Who wins?”

“Both of us”

“And that’s why the free market works.”

*clink beers*

August 1, 2014

The New York Times bravely challenges … a policy they’ve propagandized for a century

Filed under: Law, Liberty, Media, USA — Tags: , , , , — Nicholas @ 07:39

In Forbes, Jacob Sullum admits that the sudden change of heart by the New York Times made him stop and reconsider whether he’d been wrong all this time:

According to a recent poll by the Pew Research Center, 54 percent of American adults support marijuana legalization. That’s around 130 million people. It turns out that some of them are members of the New York Times editorial board, which on Sunday declared that “the federal government should repeal the ban on marijuana.”

Given its timing, the paper’s endorsement of legalization is more an indicator of public opinion than a brave stand aimed at changing it. Andrew Rosenthal, editorial page editor at the Times, told MSNBC’s Chris Hayes that the new position was not controversial among the paper’s 18 editorial writers and that when he raised the subject with the publisher, Arthur Sulzberger, “He said, ‘Fine.’ I think he’d probably been there before I was. I think I was there before we did it.” Better late than never, I guess, although I confess that seeing a New York Times editorial in favor of legalizing marijuana briefly made me wonder if I’ve been wrong about the issue all these years.

In their gratitude for the belated support of a venerable journalistic institution, antiprohibitionists should not overlook the extent to which the Times has aided and abetted the war on marijuana over the years. That shameful history provides a window on the origins of this bizarre crusade and a lesson in the hazards of failing to question authority.

[…]

In short, the Times first publicly toyed with the idea of marijuana legalization in 1972, but it did not get around to endorsing that policy until 42 years later. What happened in between? Jimmy Carter, a president who advocated decriminalization, was replaced in 1981 by Ronald Reagan, a president who ramped up the war on drugs despite his lip service to limited government. That crusade was supported by parents who were alarmed by record rates of adolescent pot smoking in the late 1970s. Gallup’s numbers indicate that support for legalizing marijuana, after rising from 12 percent in 1969 to 28 percent in 1978, dipped during the Reagan administration, hitting a low of 23 percent in 1985 before beginning a gradual ascent.

Legalization did get at least a couple of positive mentions on the New York Times editorial page during the 1980s. A 1982 essay actually advocated “regulation and taxation” as “a more sensible alternative” to decriminalization, arguing that “a prohibition so unenforceable and so widely flouted must give way to reality.” But that piece was attributed only to editorial writer Peter Passell, so it did not represent the paper’s official position. Four years later, an editorial that was mainly about drug testing asked, “Why not sharpen priorities by legalizing or at least decriminalizing marijuana?” Good question. Let’s think about it for a few decades.

July 22, 2014

Cooling the conservative love affair with the police

Filed under: Law, Liberty, USA — Tags: , , , — Nicholas @ 09:07

If there’s one thing that separates conservatives from libertarians, it’s the conservative worship of the police. In most conservatives’ eyes, the police are always right and should never be criticized regardless of the situation. Perhaps this is beginning to change, as A.J. Delgado calls for an end to the love affair:

Imagine if I were to tell you there is a large group of government employees, with generous salaries and ridiculously cushy retirement pensions covered by the taxpayer, who enjoy incredible job security and are rarely held accountable even for activities that would almost certainly earn the rest of us prison time. When there is proven misconduct, these government employees are merely reassigned and are rarely dismissed. The bill for any legal settlements concerning their errors? It, too, is covered by the taxpayers. Their unions are among the strongest in the country.

No, I’m not talking about public-school teachers.

I’m talking about the police.

We conservatives recoil at the former; yet routinely defend the latter — even though, unlike teachers, police officers enjoy an utter monopoly on force and can ruin — or end — one’s life in a millisecond.

For decades, conservatives have served as stalwart defenders of police forces. There have been many good reasons for this, including long memories of the post-countercultural crime wave that devastated, and in some cases destroyed, many American cities; conservatives’ penchant for law and order; and Americans’ widely shared disdain for the cops’ usual opponents. (A hippie being arrested is something people from all walks of life are usually happy to see.) Although tough-on-crime appeals have never been limited to conservative politicians or voters, conservatives instinctively (and, it turned out, correctly) understood that the way to reduce crime is to have more cops making more arrests, not more sociologists identifying more root causes. Conservatives are rightly proud to have supported police officers doing their jobs at times when progressives were on the other side.

But it’s time for conservatives’ unconditional love affair with the police to end.

July 21, 2014

The retreat of civil society and the advance of the nanny state

Filed under: Law, Liberty, USA — Tags: , , , , — Nicholas @ 08:27

In The Week, Michael Brendan Dougherty wonders why so many parents are being arrested these days for letting their children do things that used to be utterly normal:

Last month, when the first wave of these stories came out, I suggested it was a problem of helicopter parents enforcing their notions of parenthood on others. But the number and variety of such incidents suggest that something more is at work. The communities that are happy to watch the kids in the neighborhood, and help parents with an extra set of eyes and a few caramels, are just gone. We’re arresting parents because civil society is retreating from children altogether.

Timothy Carney, a columnist for The Washington Examiner and a father of five, attributes it to a decline of “neighborliness.” And that’s certainly true. People see a kid, imagine a bad thing could happen to them, and then think they should call the cops. Whereas “neighborly adults look after other adults’ kids when the parents are unavailable.”

Gracy Olmstead, in a very smart article for The American Conservative, says that all of this waning of society and waxing of the state was predicted by communitarian libertarian Robert Nisbet:

    Nisbet predicted that, in a society without strong private associations, the State would take their place — assuming the role of the church, the schoolroom, and the family, asserting a “primacy of claim” upon our children. “It is hard to overlook the fact,” he wrote, “that the State and politics have become suffused by qualities formerly inherent only in the family or the church.” In this world, the term “nanny state” takes on a very literal meaning.

[…]

But today those communities seem rarer, and so, too, those shared premises about how kids should behave. More than that, there’s a fear of taking responsibility for kids in the neighborhood. Deliver a short report on a child’s behavior and his parents may snap back, “Don’t tell me how to parent my child.” A neighbor’s interest may seem invasive or even creepy. Lacking church or community, bystanders in a neighborhood refer their concern about a suboptimal parental situation (one they usually know little about because they are not very neighborly) to the only other institution empowered to look out for the welfare of children: the state.

Update: Scott Greenfield on the whole “see something, say something (to the authorities)” situation with parents and children.

[…] the most fundamental cause for some people to feel empowered to rat out a parent [is] because they just aren’t managing their children the way I think they should!!!

Everything that fails to comport with the way the most sensitive soul in the neighborhood feels it should must now be a crime. Do it for the children. Do it for the women. Do it for … just do it.

Parents always question other parents’ parenting skills and choices. We naturally believe with all our heart and soul that whatever choices we made were better than theirs, whoever they may be. This is human nature, given our own belief that we are right and anyone who disagrees with us is wrong. Conversely, everyone who agrees is brilliant, confirming that we, too, are both right and brilliant. These thoughts are nothing new.

But the problem in Douthat’s parade of bad parenting isn’t merely some prissy busybody’s decision that some parent has inadequately bubble-wrapped their kid. The problem is that they conflate their parenting choices with righteousness, such that anyone who doesn’t share their sensibilities has committed a crime. It’s a crime to neglect your child, with neglect defined as doing anything less than providing absolute safety and comfort to children as the most delicate flower perceives it.

[…]

Years ago, there was a saying in the parent’s handbook, “spare the rod and spoil the child.” Today, that’s Endangering the Welfare of a Child in the First Degree. This isn’t to suggest that beating kids is a great method of child rearing, but to remind all the self-righteous that their beloved nanny used to beat their mother to a pulp when she misbehaved. Are you ready to lock granny up? If not, what moral authority do you have to call the cops on someone else, whose crime is not meeting your expectations of safe enough?

The criminal law is not a child-rearing tool. If you spent a few seconds thinking beyond your overly passionate feelings, you might consider whether a child would do better to be reared by a loving parent who isn’t inclined to keep them locked in protective custody throughout the formative years, than as a ward of the state. How does turning a parent into a criminal, losing a job, perhaps even a home, make a child’s life better?

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