Quotulatiousness

December 28, 2011

The racist origins of the drug war

Filed under: Government, Law, Liberty, USA — Tags: , , , , , — Nicholas @ 11:53

Back in the dim, distant past when Ron Paul was running for President on the Libertarian Party ticket, he outlined the reasons for the start of the war on drugs. Ryan Grimm summarizes the situation in the late 1980s:

Ron Paul’s presidential campaign has spent the last two weeks dealing with the political consequences of the reemergence of racist newsletters that went out under his name in the 1980s and ‘90s. During that same time period, however, Paul also laid out an historical analysis of the racist roots of the drug war that accurately and honestly reflects its origins.

In 1988 Paul made a presidential campaign stop at the National Organization for the Reform of Marijuana Laws while running on the Libertarian Party ticket. “What was so bad about the period from 1776 to 1914?” Paul wondered, referring to a time in American history when drugs were legal on the federal, and, in many towns, local level. “In the 20th Century, the doctors, like all business people, decided that there ought to be a monopoly. ‘If you wanted a little bit of codeine in your cough medicine, it would be much better if you come to me so I can charge you $25 for a prescription.’”

Paul, in a speech aired at the time on C-SPAN went on. “Before the 20th Century there was none of that and it was the medical profession as well as many other trade groups that agitated for the laws. And you know there’s a pretty good case made that this same concept was built in with racism as well. We do know that opium was used by the Chinese and the Chinese were not welcomed in this country,” Paul said. “We do know that the blacks at times use heroin, opium and the laws have been used against them. There have been times that it has been recognized that the Latin Americans use marijuana and the laws have been written against them. But lo and behold the drug that inebriates most of the members of Congress has not been touched because they’re up there drinking alcohol.”

Uncovering the historical definition of “the press”

Filed under: History, Liberty, Media, USA — Tags: , , , — Nicholas @ 11:35

Elizabeth sent me a link to this Dan Smyth post on what the US Founding Fathers understood the term “the press” to mean:

If the Founders wanted to protect in particular who today we call media, reporters, etc. with “freedom of…the press,” then surely the Founders could have written, for example, “freedom of … journalists” or “freedom of … newsmongers.”

Volokh describes how, with no significant exceptions, prominent writers the Founders often cited, including William Blackstone, Jean-Louis De Lolme, and George Tucker, connected press freedom with the right of every “freeman,” “citizen,” or “individual” to “write,” “print,” or “publish” his or her thoughts. This fact implies the Founders didn’t intend the press clause to protect the existing or future collection of “newsmongers” per se but rather to recognize the right of any person (or “freeman”) to use printing presses (Until 1694, England imposed licenses on publications, which the Founders abhorred). James Madison’s following first draft of the Bill of Rights’ speech/press clauses highlights this point: “The people [emphasis added] shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments; and the freedom of the press, as one of the great bulwarks of liberty, shall be inviolable.” According to Johnson’s dictionary, “people” had such definitions as “a nation,” “men, or per[s]ons in general,” and “the commonality.”

Volokh provides much more evidence for the press clause’s “the press” being the printing press, particularly his evaluations of U.S. court cases from the Founding to 2011 that demonstrate judges have consistently interpreted the press clause as protecting any individuals who use the printing press, including newspaper advertisers and authors of letters to the editor, pamphlets, and books. Volokh describes how it was only the 1970s when some lower courts began interpreting the press clause’s “the press” to be a collection of journalists and not the printing press as a technology.

December 26, 2011

Montana voters angry over “indefinite detention” vote, seek to recall their senators

Filed under: Government, Liberty, USA — Tags: , , , , , — Nicholas @ 11:42

Jonathan Turley has the details:

We have been discussing the disconnect between citizens who have repeatedly opposed continued rollbacks of civil liberties and the Democratic and Republican leadership pushing for such rollbacks, including the recent provision allowing indefinite detention of citizens under the National Defense Authorization Act of 2011 (NDAA). Now Montana citizens have decided to try another approach given the non-responsive attitude of our leaders — they are moving to remove their two Senators from office over their votes in favor of indefinite detention powers.

Montana is one of nine states with recall laws. The other states are Arizona, Colorado, Louisiana, Michigan, Nevada, North Dakota, Oregon, and Wisconsin. Eighteen states have recall laws, but most do not apply to federal officers.

H/T to Radley Balko for the link.

December 23, 2011

What is justice?

Filed under: Government, Law, Liberty, USA — Tags: , , — Nicholas @ 12:19

We may not be able to fully answer that question, but I think Scott Greenfield has a good case for what isn’t justice:

Whenever a motion is made for a bill of particulars in the Southern District of New York, the government’s response is the same: It would unduly prejudice the government to be required to disclose allegations of fact that would enable the defendant to know the specific conduct that forms the basis of the charge against him. And the court agrees.

You know, telling the defense what exactly it says the defendant did that was criminal would indeed prejudice the government. It would give the defense half a chance to prepare its defense. Well, maybe only a third of a chance, but at least a chance. Level the playing field, if only a bit? Prejudice.

But when it comes to prosecuting “enemy combatants,” the ante is upped. Way upped. Not only is the risk of individual failure at stake, but the reputation of a government that’s come to depend on a population who believes, with their every breath, that it can be trusted to ignore every safeguard around which are concept of a legal system is based, and still be fair. The integrity of the outcome must be trusted, and yet the conviction of those denied their rights must be assured.

What to do? It’s not enough to deny the defense access to the evidence against the defendant. No, not the puny refusal to provide a bill of particulars, but wholesale denial of “state secrets.” Still, a criminal defense lawyer gets used to thinking fast, working on the fly. We don’t enjoy the luxury of depositions, document demands, the absolute necessities of civil practice where lawyers whine about not being allowed to use a proctoscope at least five years in advance of trial. We prepare for surprises because we have no choice. We deal with the unknowns, because that’s our job.

Bad enough? Nope, read the rest of the post to find out just what little similarity to actual justice is in operation for those accused of being “enemy combatants”.

December 22, 2011

Perhaps the Cruze won’t be the salvation of Government Motors

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

The Chevy Cruze was supposed to be a bellwether for the overall health of Government General Motors. If so, things are not looking as rosy for the 2012 model year as they did for the 2011 model:

Ever since emerging from bankruptcy, the Chevrolet Cruze has been something of a symbol of GM’s rebound. Widely hailed by the automotive media as General Motors’ strongest effort to date in a compact segment that has become increasingly important in recent years, the Cruze seemed to show that the “new” GM was capable of selling smaller cars on their merits, rather than as afterthoughts to more profitable truck, SUV and large car offerings. And indeed, through the first half of this year, it seemed that the Cruze was something of a roaring success, regularly outselling its segment competitors. But then, in June, when production shifted from 2011 models to 2012 models, something changed: sales started to slow, and inventories started to rise. As Cruzes began piling up on dealer lots, GM trimmed production moderately, but still, inventories began to grow out of control. Clearly something was going wrong.

Last week, GM shut down production of the Cruze, saying only that it had an unspecified “supplier issue.” But Automotive News [sub] reports that had already GM shut down the Lordstown plant for the entire week of November 28, after inventories shot from 33 days supply to 73 days supply during the months of September and October. As of December 1, inventories had risen higher still, to 88 days, as sales continue to slacken. Lordstown reopened yesterday, but with sales falling and inventories running out of control, another slowdown or stoppage of production seems inevitable.

Gingrich would attempt to “break” judges who issue decisions he doesn’t like

Filed under: Government, Law, Politics, USA — Tags: , , , — Nicholas @ 08:57

And this guy is running for the Republican nomination? Here’s George Will on Gingrich’s latest campaign stance:

To teach courts the virtue of modesty, President Gingrich would attempt to abolish some courts and impeach judges whose decisions annoy him — decisions he says he might ignore while urging Congress to do likewise. He favors compelling judges to appear before Congress to justify decisions “out of sync” with majorities, and he would sic police or marshals on judges who resist congressional coercion. Never mind that judges always explain themselves in written opinions, concurrences and dissents.

Gingrich’s unsurprising descent into sinister radicalism — intimidation of courts — is redundant evidence that he is not merely the least conservative candidate, he is thoroughly anti-conservative. He disdains the central conservative virtue, prudence, and exemplifies progressivism’s defining attribute — impatience with impediments to the political branches’ wielding of untrammeled power. He exalts the will of the majority of the moment, at least as he, tribune of the vox populi, interprets it.

December 21, 2011

Redefining the term “isolationist”

Filed under: Media, Military, Politics, USA — Tags: , , , — Nicholas @ 10:34

Jacob Sullum explains that mainstream journalists keep saying that word . . . but it doesn’t mean what they seem to think it means:

Reporters routinely describe Ron Paul’s foreign policy views as “isolationist” because he opposes the promiscuous use of military force. This is like calling him a recluse because he tries to avoid fistfights.

The implicit assumption that violence is the only way to interact with the world reflects the oddly circumscribed nature of foreign policy debates in mainstream American politics. It shows why Paul’s perspective is desperately needed in the campaign for the Republican presidential nomination.

As the Texas congressman has patiently explained many times, he supports international trade, travel, migration, diplomacy, and cultural exchange. Furthermore, he supports military action when it is necessary for national defense — in response to the 9/11 attacks, for example.

The inaccurate “isolationist” label marks Paul as a fringe character whose views can be safely ignored. Given the dire consequences of reckless interventionism, that clearly is not the case.

Update: E.D. Kain at the League of Ordinary Gentlemen examines the historical baggage that Ron Paul brings along as he suddenly becomes a serious threat to the GOP establishment:

I wish Ron Paul didn’t have the newsletter baggage, because it does raise questions about his leadership and integrity. Nor do I see Ron Paul as himself a racist, but rather a participant in what was likely a very dodgy experiment in paleo-libertarianism by Lew Rockwell and Murray Rothbard. Paul may or may not have been aware of what was going out under his byline, but it’s certainly still his byline and his responsibility. And yet…

…I simply can’t shrug off these other issues. I’m not sure what to do (again) at this point, because the simple quantity of pushback I’ve gotten on this issue from people I respect has me seriously questioning — not my motives — but my wisdom.

And Gary Johnson, a candidate whose socially liberal views are far, far more palatable to me, has just announced he’ll seek the Libertarian Party nomination. Now the LP is a third party, and I’ve said before that I don’t do third parties, but Johnson represents all the good things that Paul does without the bad past. The thing I couldn’t do with a clean conscience is vote for Johnson and help ensure the election of say Newt Gingrich or Mitt Romney over Obama. [. . .]

Long story short, y’all have me thinking hard on this one. Like Matt, I look forward to the coming months too. I hope that Paul can keep pushing these issues front and center in the debates and in the race ahead. But I can’t ignore the newsletters or other signs of affiliation with racists which, admittedly, appear to go much deeper than I realized. I was too quick to dismiss mistermix last time around. This is a serious issue and I will need more time to think about it before I can say whether or not I was wrong to endorse the candidate who I view as the most likely to prevent future war and to end or at least curtail the war on drugs and terror.

I don’t think Ron Paul himself is racist. I’m not sure why he would be so cavalier and consistent on so many unpopular issues, but never toss a bone to that crowd in any public appearance. But he has certainly been a poor judge of character.

Update, the second: The Ron Paul investment portfolio, by way of the Wall Street Journal: “This portfolio is a half-step away from a cellar-full of canned goods and nine-millimeter rounds”

Gary Johnson to formally leave GOP race

Filed under: Liberty, Media, Politics, USA — Tags: , , , — Nicholas @ 09:32

As I reported last week, former New Mexico governor Gary Johnson has been forced out of the GOP race and will seek the Libertarian Party nomination instead:

The former two-term New Mexico governor, whose campaign for the GOP nomination never caught fire, will make the announcement at a press conference in Santa Fe on Dec. 28. Johnson state directors will be informed of his plans on a campaign conference call Tuesday night, a Johnson campaign source told POLITICO.

The move has been expected for weeks — Johnson had run a New Hampshire-centric effort that never got him past a blip in the polls. He appeared at only two nationally televised debates, and only one in which other major candidates took part.

Johnson expressed deep disillusionment with the process as his libertarian message failed to catch fire and he received almost no attention for his bid. He soon began flirting with the Libertarians when it became clear that he was gaining no traction in GOP primaries.

Panic in Iowa

Filed under: Liberty, Media, Politics, USA — Tags: , , , , , — Nicholas @ 09:26

Panic, at least, for the Republican establishment who are facing a full-scale Paulista Revolutionary outbreak:

    What has me concerned is that on Main Street Iowa people are coming up to me and saying, ‘What do you think about Dr. Paul?’ These are folks who have to be informed. They have to get past the 30- and 60-second ads. If you ask Iowans if they’re for legalizing marijuana or legalizing heroin, they’d say no. But Dr. Paul has said on many occasions that that’s OK. But people don’t all know that.

I’m not sure whether to be delighted or depressed by the reaction of Iowa Republicans like Andy Cable to the suddenly-real possibility that Ron Paul might win — and thereby discredit! — the state’s first-in-the-nation nominating caucuses. The anomalous importance of Iowa within the U.S. election system has traditionally been defended on two major grounds: (a), that the state is pretty representative of the American “middle” in both geographic and demographic senses, and (b), that a small state like Iowa (or New Hampshire) can scrutinize candidates with a salutary close-up intensity, given a long pre-election period in which to do it.

There is no doubt something to these arguments. (Along with obvious rebuttals to both.) But how can a major party have its cake and eat it too? Specifically, how can the concept of Iowa’s special mission as a testing range for candidates be reconciled with Mr. Cable’s panicky Yuletide talk of uninformed goon voters flying off the handle? Cable’s state has benefited significantly from being a political bellwether, both from the quadrennial media activity and attention and from the political pork that follows. (Ethanol accounts for 9% of the state’s GDP.) Yet Cable is not even waiting for Paul to be nominated before undermining the whole basis for taking Iowa seriously.

December 20, 2011

Reason.TV: Grandma got indefinitely detained (A very TSA Christmas)

Filed under: Government, Humour, Liberty, USA — Tags: , , , — Nicholas @ 14:18

Steve Paikin asks whether we should legalize drugs

Filed under: Americas, Law, Liberty, Politics, USA — Tags: , , , , — Nicholas @ 14:06

The kind of folks who make up the bulk of the “Occupy” movement

Filed under: Liberty, Media, USA — Tags: , , , , , — Nicholas @ 13:49

Charles Cooke reports on a recent study of the membership of the “Occupy” groups:

The report, Shortselling America, reveals that, below the surface, there is a lot more going on than meets the eye, and most of it has very little to do with “social justice.” Its author, Frontier Lab takes an interesting approach, applying techniques of market research to political science. The group’s aim is to move away from the short-term model employed by political pollsters — which, although valuable, essentially provides just a fleeting snapshot — and instead to conduct a more thorough assessment of participants’ values. From these data, they then seek to predict future behavior. An example: Surface-level polling will see consumers tell us that the reason they buy a particular dish soap is because it is green, or cheap, or conveniently sized. But research shows the deeper truth is that, overwhelmingly, people buy the same brand as their mother did. (Nobody will write that on a survey.)

What did Frontier Lab discover? First, that many of the rank-and-file occupiers feel isolated in their lives, and appear to lack basic community ties such as are provided by participation in clubs, churches, and strong families. Indeed, much of the report could have come from the early chapters of Robert Putnam’s Bowling Alone. They thus attach to their political causes with something like a religious fervor. For many, a commitment to “social justice” is “not the end, but rather a means to an inflated sense of self and purpose in their own lives.” Crucially, involvement with others who agree with them provides an “overwhelming feeling of being part of a family.” I noticed this on my first trip down to Zuccotti Park, when I saw a telling sign adorning the entrance to the tent city: “For the first time in my life, I feel at home.” On subsequent visits I was struck by the importance of the commune to the project. As much as anything else, vast swathes of occupiers were simply looking for a new club. This group, Frontier Lab dubs the “Communitarians.”

The second group, which to all intents and purposes forms the leadership, is less existentially lost, and derives its fulfillment from the “prestige,” “validation,” and “control” afforded by the movement’s coverage in the media. Frontier Lab calls this group the “Professionals.” Its members fill the ranks of the professional Left and boast long histories of attending and organizing protests. For them, indignation is quotidian, “community action” is a career, and they feel “validated by the fame and attention” and “rewarded for their life choices.” Unlike the Communitarians, the Professionals actually want tangible change, or a “win,” but politics is still playing second fiddle to self. There is nothing spontaneous or organic about the movements they lead. They are waiting for the revolution and hope to be in its vanguard. Their careers depend upon it.

H/T to Ace, who added this post-script to the quote: “Testing on the Myers-Briggs personality profile consistently put the rank-and-file in the Stunted Weakling category, and the leadership in the Gigantic Colossal Douchebag group”

December 19, 2011

Mark Steyn on the “Gingrich Gestalt”

Filed under: Media, Politics, USA — Tags: , — Nicholas @ 12:06

He’s willing to admit that he misunderestimated Gingrich earlier in the campaign:

I was wrong about Newt. Or, as Newt would say, I was fundamentally wrong. Fundamentally and profoundly wrong. I was as adverbially wrong about Newt as it’s possible to be. Back in the spring, during an analysis of the presidential field, I was asked by Sean Hannity what I thought of Gingrich. If memory serves, I guffawed. I suggested he was this season’s Alan Keyes — a guy running for president to boost his speaking fees but whose candidacy was otherwise irrelevant. I said I liked the cut of this Tim Pawlenty fellow, who promptly self-destructed. There would be a lot of that in the months ahead: Michele Bachmann ODing on Gardasil, Rick Perry floating the trial balloon of his candidacy all year long, only to puncture it with the jaunty swing of his spur ten minutes into the first debate. And when all the other Un-Romney of the Week candidates were gone, there was Newt, the last man standing, smirking, waddling to the debate podium. Unlike the niche candidates, he offers all the faults of his predecessors rolled into one: Like Michele Bachmann, his staffers quit; like Herman Cain, he spent the latter decades of the last century making anonymous women uncomfortable, mainly through being married to them; like Mitt Romney, he was a flip-flopper, being in favor of government mandates on health care before he was against them, and in favor of big-government climate-change “solutions” before he was against them, and in favor of putting giant mirrors in space to light American highways by night before he was agai . . . oh, wait, that one he may still be in favor of. So, if you live in the I-95 corridor, you might want to buy blackout curtains.

But, when you draw them, Newt’s still there, shimmering beguilingly, which is the one adverb I fundamentally never thought I’d be using for this most fundamentally adverbial of candidates. A year ago, we were still talking about Palin and Daniels and Christie and Jindal and Ryan, an embarrassment of riches. Barely a month ago, Cain and 9-9-9 were riding high, an embarrassment of a different kind, and Gingrich was still a single-digit asterisk. But, like Gussie Fink-Nottle, we are all Newt-fanciers now. On the eve of Iowa it seems the Republican base’s dream candidate is a Clinton-era retread who proclaims himself a third Roosevelt, with Taft’s waistline and twice as many ex-wives as the first 44 presidents combined; a lead zeppelin with more baggage than the Hindenburg; a self-help guru crossed with a K Street lobbyist, which means he’s helped himself on a scale few of us could dream of. For this the Tea Party spent three years organizing and agitating?

December 17, 2011

Charles Stross divines the real reason for SOPA

Filed under: Government, Liberty, Politics, USA — Tags: , , , , , — Nicholas @ 11:39

Read the whole thing, but the last few points help to explain why the push for SOPA is coming right now:

7. Modern communications technologies (including the internet) provide people with a limitless channel for self-expression (not to mention distraction — endless circuses without the bread). They also provide the police state with a limitless flow of intelligence about the people. Note also that it’s possible to not merely listen in on mobile phone calls, but to use a mobile phone as a GPS-aware bugging device, and (with a bit more smarts) to have it report on physical proximity (within bluetooth range — about 20 feet) to other suspects. The flip side of social networking is that the police state knows all your acquaintances.

8. So I infer that the purpose of SOPA is to close the loop, and allow the oligarchy to shut down hostile coordinating sites as and when the anticipated revolution kicks off. Piracy/copyright is a distraction — those folks pointing to similarities to Iranian/Chinese net censorship regimes are correct, but they’re not focussing on the real implication (which is a ham-fisted desire to be able to shut down large chunks of the internet at will, if and when it becomes expedient to do so).

Megan McArdle: There is no “quick fix” for poor communities

Filed under: Economics, Government, Liberty, USA — Tags: , , , — Nicholas @ 11:23

If the “nudge” notion of government worked, it’d be pretty creepy:

If poor people did the stuff that middle class people do, it’s possible — maybe probable — that they wouldn’t be poor. But this is much harder than it sounds. As John Scalzi once memorably put it, “Being poor is having to live with choices you didn’t know you made when you were 14 years old.” Which often means, he might have added, spending your whole life doing the sort of jobs that middle class people sometimes do when they’re 14. It isn’t that people can’t get out of this: they do it quite frequently. But in order to do so, you need the will and the skill — and the luck — to execute perfectly. There is no margin for error in the lives of the working poor.

And some problems are collective problems. It’s all very well to say that poor women shouldn’t have kids unless they can find a solid man to help raise them. (And I agree that this is a superior strategy). But men with solid jobs are rather scarce in many poor communities, not least because we’ve imprisoned so many of them. What you’re asking poor women to do is actually, for most of them, to not have babies. This is an easy edict to deliver from a comfortable middle class home where you have all the kids you want. It probably sounds pretty shitty, however, to the poor women who you are blithely commanding to spend their lives alone.

[. . .]

What I am struggling to say is that however much those choices are now inflected by what went before — and the problems of other people in their families and communities — they are choices. We understand that the middle class girl I grew up with is driving her situation by behavior that is probably not very amenable to outside influence. Why do we assume that people who grew up poor are somehow more pliable simply because similar choices are influenced by decades of generational poverty?

As adults they are the products of everything that has happened to them, and everything that they have done, but they are also now exercising free will. If you assume you know the choice they should make, and that there is some reliable way to entice them to make it, you’re imagining away their humanity, and replacing it with an automaton.

Having higher wage jobs available would give people more money which would be a good thing, and it would solve the sort of problems that stem from a simple lack of money. But it would not turn them into different people.

Public policy can modestly improve the incentives and choice sets that poor people face — and it should do those things. But it cannot remake people into something more to the liking of bourgeois taxpayers. And it would actually be pretty creepy if it could.

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