Quotulatiousness

September 10, 2013

The Authorization for the Use of Military Force is “TARP with Tomahawks”

Filed under: Government, Middle East, Military, USA — Tags: , , , — Nicholas @ 13:25

At Reason, Gene Healy explains why the authorization should not be granted to President Obama by congress:

Tonight, President Obama, who rose to the presidency on the strength of stirring speeches, goes back to the well with a prime-time address urging Congress to authorize an attack on Syria.

He admits it’ll be “a heavy lift.” And how: per the Washington Post’s latest whip count in the House, even if all 170 undecideds break their way, the administration won’t be within shouting distance of a majority.

That’s good, because the Authorization for the Use of Military Force that’s on the table deserves to fail. It’s TARP with Tomahawks.

The provisions purporting to restrict the president to a brief, “limited and tailored” war are too weak to stick.

What’s more, they’re undermined by the AUMF’s gratuitous overstatement of presidential power: “The President has authority under the Constitution to use force in order to defend the national security interests of the United States.”

Wrong. The Constitution gives him the power to “repel sudden attacks” against the U.S., not launch them whenever he imagines they’ll promote our “national security interests.” That language practically invites Obama to ignore the limits and wage a wider war.

Update: In another post at Reason the current polling certainly encourages congress not to cave to the President’s wishes.

As the country debates launching airstrikes on Syria, President Barack Obama’s standing on foreign policy has taken such a hit that the latest Reason-Rupe poll finds 64 percent of Americans, including 68 percent of independents and 41 percent of Democrats, believe President Obama’s handling of foreign policy is worse than, or the same as, former President George W. Bush’s handling of foreign policy.

President Obama famously said he opposes “dumb wars.” Nearly three-quarters of Americans, 74 percent, say it would be “unwise” for the United States to launch airstrikes on Syria without the support of the United Nations or Great Britain. Just 17 percent say U.S. strikes on Syria would be wise.

When it comes to launching U.S. military action across the globe, 47 percent of Americans say the “political establishment in Washington D.C.” is more likely to favor military action than they are. A majority of independents, 57 percent, say D.C. insiders are more likely to favor war than they are. In contrast, just 17 percent of Americans say the Beltway establishment is less likely to favor military action than they are, and 30 percent say the establishment favors war about the same amount as the public.

September 9, 2013

QotD: Canada’s constitution

Filed under: Cancon, Government, Law, Quotations — Tags: , — Nicholas @ 14:41

Our Constitution can accurately be described as the envy of the world, but then again the world doesn’t really get to see us gawking at each other in open-mouthed confusion over embarrassing gaps like this one. The key features of the 1982 Constitution were hammered out in smoke-filled hotel rooms by men who intentionally refused to record their discussions and who have never ceased arguing about exactly how they went. The various Canadian governments built the frame in haste, were late to begin talking to each other, never involved the public, and left the structure consciously half-finished. It’s a wonder it hasn’t yet come down on our heads.

Colby Cosh, “Mind the constitutional gap”, Maclean’s, 2013-09-09

August 27, 2013

Martin Luther King and the American Dream

Filed under: History, Liberty, USA — Tags: , , , — Nicholas @ 12:21

Brendan O’Neill on MLK’s most famous speech:

Tomorrow is the fiftieth anniversary of Martin Luther King’s “I Have a Dream” speech, made on the Mall in Washington, DC on 28 August 1963. Re-reading the speech 50 years on, the most striking thing about it is how much faith it puts in the American Dream. Where today it is positively hip to be disdainful of all things American, to look upon America as a land of shopping addicts and fat rednecks, King and his listeners were passionately devoted to the idea of America and an American project. Using tellingly capitalistic lingo, King said of those gathered that “we refuse to believe that the bank of justice is bankrupt. We refuse to believe that there are insufficient funds in the great vaults of opportunity of this nation.” King said that his dream, of racial equality, was “deeply rooted in the American Dream”.

Not for King the fashionable disgust for America’s obsession with consumerism and wealth. On the contrary, he said blacks were sick of living on “the lonely island of poverty” and longed to wade in America’s “vast ocean of material prosperity”. Not for King any sneering at America’s promise of wealth and opportunity to its citizens — “now is the time to open the doors of opportunity to all of God’s children”, he said. Not for King any mocking of the founding fathers of America, who have in recent years been judged by radical Leftists to have been racist and evil (in the words of The Nation magazine just last month, Thomas Jefferson was a “slave-owning rapist”). Instead, King extolled the “magnificent words of the Constitution and the Declaration of Independence” and talked about all men’s “inalienable rights of life, liberty, and the pursuit of happiness”.

In the run-up to the fiftieth anniversary of King’s speech, there’s been a great deal of debate about what has changed, especially for America’s blacks. But perhaps the most sweeping, dramatic change has been in attitudes towards the very idea of America. Today, cheap anti-Americanism is the glue that holds so-called liberals and radicals together. Tapping one’s toe to the Green Day song “American Idiot” while laughing knowingly at the fallacy of the American Dream is what passes for being edgy these days. Both within and without America, many Leftish activists and serious thinkers view America as dumb, fat, polluting, reckless and unwittingly hilarious, founded by narcissists and drunks, a “greedy and overweening power”, as the New Statesman said in the immediate aftermath of 9/11.

The new aristocracy – privileged civil servants

Filed under: Government, USA — Tags: , , , — Nicholas @ 09:52

The Instapundit (Glenn Reynolds) on the special privileges enjoyed by the people who are supposed to be “serving” the public:

All over America, government officials enjoy privileges that ordinary citizens don’t. Sometimes it involves bearing arms, with special rules favoring police, politicians and even retired government employees. Sometimes it involves freedom from traffic and parking tickets, like the special non-traceable license plates enjoyed by tens of thousands of California state employees or similar immunities for Colorado legislators. Often it involves immunity from legal challenges, like the “qualified” immunity to lawsuits enjoyed by most government officials, or the even-better “absolute immunity” enjoyed by judges and prosecutors. (Both immunities — including, suspiciously, the one for judges — are creations of judicial action, not legislation).

Lately it seems as if these kinds of special privileges are proliferating. And it also seems to me that special privileges for “public servants” that have the effect of making them look more like, well, “public masters,” are kind of un-American. Even more, I’m beginning to wonder if they might actually be unconstitutional. Surely the creation of two classes of citizens, one more equal than the others, isn’t the sort of thing the Framers intended. Why didn’t they put something in the Constitution to prevent it?

Well, actually, they did. Article I, Section 9 of the Constitution prohibits the federal government from granting “titles of nobility,” and Article I, Section 10 extends this prohibition to the states — one of the few provisions in the original Constitution to impose limits directly on states. Surely the Framers must have considered this prohibition pretty important.

August 23, 2013

QotD: Belgium as a sum of its many, many parts

Filed under: Europe, Government, Politics, Quotations — Tags: , , , — Nicholas @ 00:01

The outcome was byzantine in its complexity. Belgium was sub-divided into three “Regions”: Flanders, Wallonia and “Brussels-Capital”, each with its own elected parliament (in addition to the national parliament). Then there were the three formally instituted “Communities”: the Dutch-speaking, the French-speaking and the German-speaking (the latter representing the approximately 65,000 German speakers who live in eastern Wallonia near the German border). The communities, too, were assigned their own parliaments.

The regions and the linguistic communities don’t exactly correspond — there are German speakers in Wallonia and a number of French-speaking towns (or parts of towns) within Flanders. Special privileges, concessions, and protections were established for all of these, a continuing source of resentment on all sides. Two of the regions, Flanders and Wallonia, are effectively unilingual, even with the exceptions noted. Brussels was prounced officially bilingual, even though at least 85 percent of the population speaks French.

In addition to the regional and linguistic Communities, Belgium was also divided into ten provinces (five each in Flanders and Wallonia). These, too, were assigned administrative and governing functions. But in the course of the various constitutional revisions real authority came increasingly to lie either with the regions (in matters of urbanism, environment, the economy, public works, transport and external commerce) or the linguistic community (education, language, culture and some social services).

The outcome of all these changes was comically cumbersome. Linguistic correctness (and the constitution) now required, for example, that all national governments, whatever their political color, be “balanced” between Dutch- and French-speaking ministers, with the prime minister the only one who has to be bilingual (and who is therefore typically from Flanders). Linguistic equality on the Cour d’Arbitrage (Constitutional Court) was similarly mandated, with the presidency alternating annually across the language barrier. In Brussels, the four members of the executive of the capital region would henceforth sit together (and spake in the language of their choice) to decide matters of common concern; but for Flemish or Francophone “community” affairs they would sit separately, two by two.

As a consequence Belgium was no longer one, or even two, states but an uneven quilt of overlapping and duplicating authorities. To form a government was difficult: it required multi-party deals within and across regions, “symmetry” between national, regional, community, provincial, and local party coalitions, a working majority in both major language groups and linguistic parity at every political and administrative level. And when a government was formed it had little initiative: even foreign policy — in theory one of the last remaining responsibilities of the national government — was effectively in the hands of the regions, since for contemporary Belgium it mostly means foreign trade agreements and these are a regional prerogative.

Tony Judt, “The Old Europe — and the New”, Postwar: A History of Europe Since 1945, 2005.

August 16, 2013

The one executive power that Obama doesn’t want to exercise – clemency

Filed under: Law, Liberty, USA — Tags: , , , , — Nicholas @ 09:21

Jacob Sullum on the remarkable lack of use of one executive power the US constitution clearly does grant to the president:

[U.S. attorney general Eric] Holder called upon Congress to reform mandatory minimum sentences and outlined steps the Justice Department will take in the meantime to avoid imposing “draconian” penalties on nonviolent, low-level drug offenders. He said his boss, President Barack Obama, shares his concern about mass incarceration and harsh sentences. But Holder neglected to mention that Obama has the power to free people who do not belong in prison — a power he has exercised just once during almost five years in office.

Article 2, Section 2 of the U.S. Constitution gives the president the unilateral, unreviewable authority to “grant reprieves and pardons for offenses against the United States.” So far Obama, who has not otherwise been shy about pushing executive power to the limit (and beyond), has granted 39 pardons, clearing the records of people who completed their sentences years ago, and one commutation, shortening the sentence of Eugenia Jennings, an Illinois woman who was convicted in 2001 of selling 13.9 grams of crack to a police informant. Obama cut her prison term from 22 years to 10, and she was released in December 2011.

That is an amazingly stingy clemency record for a supposedly enlightened and progressive man who before he was elected repeatedly described our justice system as excessively punitive. While running for president in 2008, Obama promised to “review drug sentences to see where we can be smarter on crime and reduce the blind and counterproductive sentencing of nonviolent offenders.” Yet he has granted commutations at a rate that makes Richard Nixon, who declared war on drugs and campaigned as a law-and-order candidate, look like a softie. Nixon granted 60 commutations, 7 percent of the 892 applications he received, during his 67 months in office, while Obama has granted one out of 8,126, or 0.01 percent, over 55 months.

In fact, according to numbers compiled by P.S. Ruckman Jr., a professor of political science at Rock Valley College in Rockford, Illinois, only three of Obama’s predecessors made less use of the clemency power (taking into account pardons as well as commutations) during their first terms: George Washington, who probably did not have many petitions to address during the first few years of the nation’s existence; William Henry Harrison, who died of pneumonia a month after taking office; and James Garfield, who was shot four months into his presidency and died that September.

July 24, 2013

Colby Cosh on the constitutional monarchy

Filed under: Britain, Cancon, Government — Tags: , — Nicholas @ 08:17

I suspect Colby will be getting lots of hate mail from republicans after this column:

The secret of constitutional monarchies is not that they indulge the dynastic impulse, but that they have found a means of circumscribing it without losing the advantages. Chief amongst these, I think, is a sense of historical continuity: we still so clearly remember the new prince’s gin- and horse-loving great-great-grandmother, born in the reign of Victoria, and now comes R.B. himself, unlikely to warm the chair of St. Edward until even the youngest of you reading this are pensioners (if you’re lucky, and if “pensions” are still a thing). It provides a natural, almost enforced occasion for a species of “long now” panoramic, intergenerational thinking that various nerds and hucksters like to profit from.

It’s true that a domestic Canadian dynasty would do that job about as well, and this is the source for much of the odium in which our system is held by republicans. Dammit, Royal Baby isn’t even Canadian Royal Baby! Barring the overthrow of our Constitution, we are never likely to have a “Canadian” head of state who has grown up entirely amongst us. When you are finished having a cry about that, I would suggest reflecting upon the possible benefits: an indigenous Canadian head of state would have to be some particular person, wedded to one of our regions and official languages and political tribes and social classes and, indeed, component nations. Surely there is some merit in having ultimate last-resort legitimacy — an important plus of monarchy, as the Second World War taught — vested in an outsider. Maybe every country should have a king or queen from somewhere else, someone extremely intimate with its constitutional traditions and language but otherwise neutral; rooted, for safety, in other soil.

Or maybe that is the dumbest idea you’ve ever heard. But republicans do need to take the “particularity” factor into account in weighing their long-term chances. Until the debate over the fundamental Constitution gets serious, the choice is “imaginary elected president from my personal fantasies, perhaps a genetic cross between Barack Obama and Justin Timberlake” versus “actual living family that has had various difficulties and embarrassments.” This is inherently good ground for anti-monarchists to fight on, but only when there is no actual fight.

If we had an Australian-style referendum on the monarchy, the republicans would not only have to present an actual alternative system for criticism — which is what befouled the hopes of Australian republicans — undecideds would also be obliged to start imagining a world in which the personal fountainhead of political legitimacy might end up being Don Cherry or Rob Ford or George Stroumboulopoulos. I personally will take my chances with little R.B. God save the Queen.

July 17, 2013

Nonsense on stilts – Civil libertarians “caused” 9/11, so we have to curtail civil liberties

Filed under: Government, Law, Liberty, USA — Tags: , , , , — Nicholas @ 13:02

While some pro-surveillance folks may be content to hint that the world is a far more dangerous place if we don’t let the NSA have access to everyone’s electronic communications, there are others willing to go a lot further:

    And so, when a law enforcement task force of the FBI found out in August of 2001 that al Qaeda had sent two dangerous operatives to the United States, it did … nothing. It was told to stand down; it could not go looking for the two al Qaeda operatives because it was on the wrong side of the wall. I believe that FBI task force would have found the hijackers — who weren’t hiding — and that the attacks could have been stopped if not for a combination of bad judgment by the FISA court (whose minimization rules were later thrown out on appeal) and a climate in which national security concerns were discounted by civil liberties advocates on both sides of the aisle.

Got that? Anyone advocating for basic civil liberties is to blame for 9/11. Holy fuck. This kind of thinking is about as anti-American as I can think of. As we’ve discussed, protecting civil liberties is at the core of the American way of life. “Give me liberty or give me death” is the phrase that Patrick Henry chose, and apparently Stewart Baker believes the American motto should be “you’re all going to die if you fight for civil liberties!” Shameful.

[…]

    Forty years later, though, we’re still finding problems with this experiment. One of them is that law changes slowly while technology changes quickly. That usually means Congress has to change the law frequently to keep up. But in the context of intelligence, it’s often hard to explain why the law needs to be changed, let alone to write meaningful limits on collection without telling our intelligence targets a lot about our collection techniques. A freewheeling and prolonged debate — and does Congress have any other kind? — will give them enough time and knowledge to move their communications away from technologies we’ve mastered and into technologies that thwart us. The result won’t be intelligence under law; it will be law without intelligence.

Basically, shut up with the debate, just let us go back to spying on fucking everyone. If we actually have to “debate” and “protect the Constitution,” some “bad guys” might talk without us knowing about it. And then we’ll all die.

[…]

He then tries to flip the whole thing around and argue that supporters of civil liberties are actually anti-technology, because they’re trying to limit the government’s use of technology. That’s ridiculous, since many of the loudest supporters of civil liberties come from the tech and innovation communities. No one thinks the government shouldn’t make efficient use of technology — but that’s very different from saying it’s okay for the government to either convince or force companies to cough up all sorts of private data on everyone or risk the wrath of the US government. That’s not a fair fight. The government has the power to compel people and companies to do things that they would not do otherwise, though I guess an extreme authoritarian like Baker either doesn’t realize this or doesn’t see it as a problem.

At the end, he makes a bunch of claims about how it’s the US government’s job to “protect” everyone — though I’d like to see where that’s laid out in the Constitution. As mentioned above, he makes some valid points that other countries are just as bad, if not worse, but that’s hardly a compelling argument, because that just allows others to flip it around, and claim that the US has no moral high ground, since it’s ignoring the civil liberties of the public — something that Baker notes he directly supports in this testimony — for some vague and impossible promises of “safety.”

July 13, 2013

Same Sex Marriage in America: What Now?

Filed under: Law, Liberty, USA — Tags: , , , , — Nicholas @ 09:20

The Supreme Court’s decisions on same sex marriage are just the beginning of a long process of determining what roles marriage will play in the legal environment of states and the country. Walter Olson and Ilya Shapiro detail some of the implications of the rulings.

July 4, 2013

Bonfire of the civil liberties

Filed under: Liberty, Media, Politics, USA — Tags: , , , , , , — Nicholas @ 11:06

A recent article by Dan Gillmore in the Guardian was reposted on Alternet yesterday:

No one with common sense believes Obama is planning to become a dictator. But the mail list question was indeed not paranoid — because Obama, building on the initiatives of his immediate predecessors, has helped create the foundation for a future police state. This has happened with bipartisan support from patriotic but short-sighted members of Congress and, sad to say, the general public.

The American media have played an essential role. For decades, newspaper editors and television programmers, especially local ones, have chased readers and ratings by spewing panic-inducing “journalism” and entertainment that helped foster support for anti-liberty policies. Ignorance, sometimes willful, has long been part of the media equation. Journalists have consistently highlighted the sensational. They’ve ignored statistical realities to hype anecdotal — and extremely rare — events that invite us to worry about vanishingly tiny risks and while shrugging off vastly more likely ones. And then, confronted with evidence of a war on journalism by the people running our government, powerful journalists suggest that their peers — no, their betters — who had the guts to expose government crimes are criminals. Do they have a clue why the First Amendment is all about? Do they fathom the meaning of liberty?

The founders, for all their dramatic flaws, knew what liberty meant. They created a system of power-sharing and competition, knowing that investing too much authority in any institution was an invitation to despotism. Above all, they knew that liberty doesn’t just imply taking risks; it absolutely requires taking risks. Among other protections, the Bill of Rights enshrined an unruly but vital free press and guaranteed that some criminals would escape punishment in order to protect the rest of us from too much government power. How many of those first 10 amendments would be approved by Congress and the states today? Depressingly few, one suspects. We’re afraid.

America has gone through spasms of liberty-crushing policies before, almost always amid real or perceived national emergencies. We’ve come out of them, to one degree or another, with the recognition that we had a Constitution worth protecting and defending, to paraphrase the oath federal office holders take but have so casually ignored in recent years.

What’s different this time is the surveillance infrastructure, plus the countless crimes our lawmakers have invented in federal and state codes. As many people have noted, we can all be charged with something if government wants to find something — the Justice Department under Bush and Obama has insisted that simply violating an online terms of service is a felony, for example. And now that our communications are being recorded and stored (you should take that for granted, despite weaselly government denials), those somethings will be available to people looking for them if they decide you are a nuisance. That is the foundation for tyranny, maybe not in the immediate future but, unless we find a way to turn back, someday soon enough.

H/T to Tim O’Reilly for the link.

June 24, 2013

Read an excerpt from Rise of the Warrior Cop by Radley Balko

Filed under: Books, Law, Liberty, USA — Tags: , , , , — Nicholas @ 16:09

There is an excerpt from the book Rise of the Warrior Cop in the July issue of the ABA Journal:

Are cops constitutional?

In a 2001 article for the Seton Hall Constitutional Law Journal, the legal scholar and civil liberties activist Roger Roots posed just that question. Roots, a fairly radical libertarian, believes that the U.S. Constitution doesn’t allow for police as they exist today. At the very least, he argues, police departments, powers and practices today violate the document’s spirit and intent. “Under the criminal justice model known to the framers, professional police officers were unknown,” Roots writes.

The founders and their contemporaries would probably have seen even the early-19th-century police forces as a standing army, and a particularly odious one at that. Just before the American Revolution, it wasn’t the stationing of British troops in the colonies that irked patriots in Boston and Virginia; it was England’s decision to use the troops for everyday law enforcement. This wariness of standing armies was born of experience and a study of history — early American statesmen like Madison, Washington and Adams were well-versed in the history of such armies in Europe, especially in ancient Rome.

If even the earliest attempts at centralized police forces would have alarmed the founders, today’s policing would have terrified them. Today in America SWAT teams violently smash into private homes more than 100 times per day. The vast majority of these raids are to enforce laws against consensual crimes. In many cities, police departments have given up the traditional blue uniforms for “battle dress uniforms” modeled after soldier attire.

Police departments across the country now sport armored personnel carriers designed for use on a battlefield. Some have helicopters, tanks and Humvees. They carry military-grade weapons. Most of this equipment comes from the military itself. Many SWAT teams today are trained by current and former personnel from special forces units like the Navy SEALs or Army Rangers. National Guard helicopters now routinely swoop through rural areas in search of pot plants and, when they find something, send gun-toting troops dressed for battle rappelling down to chop and confiscate the contraband. But it isn’t just drugs. Aggressive, SWAT-style tactics are now used to raid neighborhood poker games, doctors’ offices, bars and restaurants, and head shops — despite the fact that the targets of these raids pose little threat to anyone. This sort of force was once reserved as the last option to defuse a dangerous situation. It’s increasingly used as the first option to apprehend people who aren’t dangerous at all.

June 19, 2013

The press and Rand Paul

Filed under: Liberty, Media, Politics, USA — Tags: , , , , , — Nicholas @ 11:03

In The Atlantic, Conor Friedersdorf looks at the mainstream media’s obsession with Rand Paul’s (to borrow a time-worn term from Canadian politics) “hidden agenda”:

Critiques of democracy are as old as the excesses of the Athenian variety. Here’s a classic: The unmediated masses are as capable of doing an injustice as any aristocracy or tyrant. In America, it’s acceptable to say, as shorthand, that we’re living in a Western liberal democracy. But the fact is that we live in a federal, constitutional republic, because the Framers mistrusted democracy, and the vast majority of Americans retain a great part of that mistrust. We’ve extended the franchise, amended the Constitution to permit the direct election of senators, and we’re likely to eventually abandon the electoral college and elect presidents by the popular vote. But there is broad, deep support for anti-democratic features of our system, like the Bill of Rights.

All of this is totally uncontroversial — unless it is uttered by Senator Rand Paul, the national politician most likely to evoke irrational paranoia from the political press. Serial anti-libertarian Jonathan Chait is the latest to demonstrate this truth in an unintentionally revealing item at New York.

Here’s how he begins:

    The most unusual and interesting line in Julia Ioffe’s highly interesting profile of Rand Paul is Paul’s confession, “I’m not a firm believer in democracy. It gave us Jim Crow.” Of course, that’s an awfully strange way to condemn Jim Crow, which arose in the distinctly undemocratic Apartheid South (it was no coincidence that the dismantling of Jim Crow and the granting of democratic rights to African-Americans happened simultaneously).

This is an uncharitable beginning. If a scholar of political thought said of ancient Athens, “I’m not a firm believer in democracy — it required slavery, war, or both, to subsidize the lower classes while they carried out their civic duties,” no one would think that a strange formulation — it is perfectly coherent to talk about democracy in places that didn’t extend the franchise universally, given how the term has been used and understood for two thousand years of political history.

[. . .]

What Chait did is hardly unique. In the political press, it happens again and again: libertarian leaning folks are portrayed as if they’re radical, extremist ideologues, even when they’re expressing ideas that are widely held by Americans across the political spectrum. Here is the absurd cover The New Republic chose for the issue in which the Paul profile appears:

TNR Rand Paul cover

This would seem to imply that, relative to other politicians, the guy who went on Rachel Maddow to discuss the nuances of his take on the Civil Rights Act is the one hiding his “real” self from us. Remember the conservatives who kept saying, “Obama is hiding something — he’s not one of us”? That magazine cover is what it looks like when liberals cave to a similar pathology.

June 10, 2013

Daniel Ellsberg on rolling back an “executive coup” against the US constitution

Filed under: Government, Liberty, Media, USA — Tags: , , , , , — Nicholas @ 09:14

In the Guardian, Daniel Ellsberg explains why the Snowden leak is so important:

In my estimation, there has not been in American history a more important leak than Edward Snowden’s release of NSA material — and that definitely includes the Pentagon Papers 40 years ago. Snowden’s whistleblowing gives us the possibility to roll back a key part of what has amounted to an “executive coup” against the US constitution.

Since 9/11, there has been, at first secretly but increasingly openly, a revocation of the bill of rights for which this country fought over 200 years ago. In particular, the fourth and fifth amendments of the US constitution, which safeguard citizens from unwarranted intrusion by the government into their private lives, have been virtually suspended.

The government claims it has a court warrant under Fisa — but that unconstitutionally sweeping warrant is from a secret court, shielded from effective oversight, almost totally deferential to executive requests. As Russell Tice, a former National Security Agency analyst, put it: “It is a kangaroo court with a rubber stamp.”

For the president then to say that there is judicial oversight is nonsense — as is the alleged oversight function of the intelligence committees in Congress. Not for the first time — as with issues of torture, kidnapping, detention, assassination by drones and death squads — they have shown themselves to be thoroughly co-opted by the agencies they supposedly monitor. They are also black holes for information that the public needs to know.

The fact that congressional leaders were “briefed” on this and went along with it, without any open debate, hearings, staff analysis, or any real chance for effective dissent, only shows how broken the system of checks and balances is in this country.

June 4, 2013

LCBO intransigence triggers constitutional challenge

Filed under: Bureaucracy, Business, Cancon, Law, Liberty — Tags: , , , , , — Nicholas @ 11:02

This is kinda fascinating:

What started out as a simple privacy commissioner complaint has turned into a constitutional challenge of the validity of the Liquor Control Board of Ontario (LCBO) — and this time the Board has only itself to blame for the brouhaha, proving once again that Ontario’s LCBO is so far out of touch with the realities of today’s world, it’s downright scary. At a time when they should be thinking about transitioning out of the alcohol business, the Ontario provincial government and the LCBO seem to be clinging to its very existence with even more tenacity and verve than before. They’re like the old boxer clinging to past glories who just has to show you the right hook he can still throw — yet only ends up throwing out his shoulder. In the LCBO’s case, the word “Control” won’t be pried away from its “cold dead hands” anytime soon… or will it? In its most recent fight, the LCBO is proving it is a government entity most in need of being on the chopping block — if not the auction block — of government institutions that should be moved over to the private sector.

[. . .]

Why the LCBO has chosen to play hardball over such a trivial matter is incomprehensible; according to reports, the LCBO has decided to appeal the order and has asked that the records be sealed in the process. This seems to contravene common sense. “A government entity has chosen to spend hundreds of thousands of taxpayers’ dollars to fight an order by the Privacy Commissioner whose sole purpose is to make these decisions,” Porter says.

Now fed up with the collection of information, Porter and his team have decided to question the entire existence of the LCBO as it contravenes the Constitution Act of 1867 by challenging the Importation of Intoxicating Liquors Act (IILA) itself — which bans the free flow of goods (including alcohol, wine and beer) between the provinces. The argument hinges on Section 121: “All articles of Growth, Produce or Manufacture of any one of the Provinces shall, from and after the Union, be admitted free into each of the other Provinces.” This challenge could, and would if successful, lead to the downfall of the LCBO. Social networks were abuzz with the news about the challenge. Alfred Wirth, president and director at HNW Management Inc., applauded the news on Facebook: “Any progress towards competition among merchandisers is to be appreciated – even if it’s for domestically-produced products. Several years ago, when I questioned why Ontario couldn’t privatize the LCBO, the then Minister of Health said that alcoholic beverages were a crucial health matter which the province had to control. Despite the risk of people (including underage youth) freezing to death during our cold Ontario winters, he did not explain why the sale of crucial winter coats could be entrusted to Sears, the Bay, etc…” While Porter himself posted an analogy to cigarettes: “How about this one. Cigarettes are so dangerous that you cannot advertise them on TV, print, billboards or even display them behind a counter… but they can be sold at any store. Alcohol is so dangerous that it has to be sold at a government store with specially-trained people… but the government itself floods the market with advertising and even publishes a free magazine where 50 per cent of the content is about consuming the product.”

Energy lawyer Ian Blue has joined the Vin de Garde team for the action. I interviewed Blue in 2010 about the IILA, which is now under fire. Here’s what Blue had to say: “The law that gives provincial liquor commissions a monopoly and the power they have, is federal law, the Importation of Intoxicating Liquors Act; it’s highly arguable that the law is unconstitutional. It’s also pretty apparent to government constitutional lawyers, who are knowledgeable in these matters… [If the Supreme Court of Canada] takes a hard look at the IILA, and if they do an intellectually honest interpretation, the IILA probably cannot stand up to constitutional scrutiny.”

In 2009, lawyer Schwisberg commented to me when speaking about the IILA: “The very underpinning of Canada’s liquor regulatory system is unconstitutional. Isn’t that a mind blower?” Blue said: “There is nothing natural or logical about the existing system. It bullies, fleeces and frustrates wine producers and the public… If the IILA were to fall… wine producers could probably make quantum leaps of progress towards a fairer and more rational system of liquor and wine distribution in Canada.”

May 30, 2013

The real reason we’re getting wall-to-wall senate scandal coverage

Filed under: Cancon, Government, Media — Tags: , , , , , , — Nicholas @ 08:41

Colby Cosh suspects we may be on the receiving end of a massive distraction attempt:

I’m starting to half-believe the theory that the Senate expense scandal was cooked up to cover other problems for the Conservative Party of Canada. The broad main effect of the Senate fracas so far has been to exasperate the hell out of everybody. Mike Duffy’s bad behaviour presents the public with the frustrating conundrum that only the Senate can make rules for or punish errant senators, and that the major features of the Constitution (including that one) are probably immune from formal amendment for the next hundred years or so. Stephen Harper’s statutory end-run proposals for permitting Senate elections and tightening term limits are currently awaiting scrutiny by the Supreme Court; if the court rejects his measures, he can argue that they represented at least a fillip of attainable accountability, which they do, and that it is not his fault they were bounced.

In modern history, providing convenient excuses for inaction by elected politicians is about 45 per cent of the court’s function. And, at that, maybe it is okay to notice that the court, now crowded with Harper appointees, is as much an audience for Duffy’s antics as the rest of us. On top of all this, the whole mess invited Justin Trudeau, following cues like a good drama teacher, to plunge headlong into the trap of not only defending the Senate, but defending it on the specific grounds that Quebec is beneficially overrepresented therein.

If people are pulling faces at the Senate, that’s a win for the Conservative party. But perhaps more importantly, it’s a boost for the New Democrats, who have a clear “dynamite it” position on the Senate that they have advocated pretty consistently for half a century. Keeping the seat counts of the NDP and the Liberals roughly level with each other is the paramount strategic axiom for the Tories from now until (at least) 2015.

Most Canadians over the age of 40 would rather do almost anything other than watch another attempt at constitutional wrangling … we saw what happened the last couple of times the feds and the provinces tried re-rigging things to their preference.

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