Quotulatiousness

January 28, 2012

Conrad Black on Pierre Trudeau and his political career

Filed under: Cancon, Economics, History — Tags: , , , , — Nicholas @ 12:24

Writing in the National Post, Conrad Black discusses Pierre Trudeau’s time in office:

Nor is there truth to the theory that Trudeau possessed any original political ideas. He was a run-of-the-mill 1960s social democrat who wanted big government, the nanny-, know-it-all-state, high taxes, and the confiscation of income from those who had earned it for redistribution to those who had not in exchange for their votes (far beyond what could be justified by the acquisition of votes for federalism in Quebec, where the money transfer was also largely from the non-French to the French).

It was hard to square Trudeau’s professed enthusiasm for civil rights with his friendship with Fidel Castro and other dictators who ruined their countries, such as Julius Nyerere of Tanzania, and his cold-shouldering of Soviet dissidents and other international civil rights advocates, and even the Canadian victims of the Korean airliner the Russians shot down. This was of a piece with his fawning deference to the Soviet leadership and his antagonism to Ronald Reagan, Margaret Thatcher and even Richard Nixon, who all regarded him as little better than a communist fellow traveller (and told me so).

His campaign to reorient the Canadian economy away from exports to the United States was authoritarian rather than based on any fiscal incentivization of competition, and was a fiasco. His pursuit of arms control was chimerical; he disarmed Canada, did nothing to reduce the country’s military dependence on Washington, and produced a nonsensical plan for more conferences to agree on the unverifiable “suffocation” of defence spending.

[. . .]

His elevation to the headship of the party and government continued the grand Liberal tradition of choosing men lately drawn from outside politics (King, St. Laurent, Pearson). He took it whimsically, and much of his record was just idle dabbling, posturing, and the supreme confidence trick of saving Canada with a Charter of Rights that is revocable by each province (and has unleashed the bench on Canadian life like a swarm of hyper-active social tinkerers); and by imposing bilingual breakfast cereal boxes and television programming even in unilingual parts of the country.

It was clever enough that, as the English say, if you put a tail on it, you could call it a weasel: the rights of man and not governments, our (French-Canadian) house is all Canada, and deluges of Anglo-money in Quebec in the name of social justice, gracieusete du Canada. But it was a ruse, made more farcical by the revelation that Quebec’s supreme separatist strategist, Claude Morin, was a spy for the RCMP.

The Quebec nationalists took the bait, as well as the federal transfer payments, and today Quebec is a bovine clerisy of civil servants and consultants on life support from the rich English provinces, and separation is just a romantic delusion. I think that, at heart, Trudeau was a worldly Gallican Catholic cynic who sincerely despised separatism, was bemused to find himself a national saviour, and played the role with courage, brio and success.

January 16, 2012

That pesky Constitution and the weird candidate who thinks it somehow matters

Filed under: Liberty, Media, Politics, USA — Tags: , , , — Nicholas @ 10:07

Rob Long writes about Ron Paul and his constitutional fixation:

It was always fun to see Paul’s dyspeptic, curdled expression during the 16,000 Republican debates this autumn. (There were 16,000 of them, weren’t there?) It was bracing to see him shrug off appeals to weasel-word his responses — just shutter the Fed! dump NATO! — and it was especially interesting to watch the other candidates, who, philosophically, aren’t supposed to be all that different from Paul, ballet-step around him, like he was one of those loud talkers at the neighborhood bar who make a lot of sense, mostly, but then every now and then say something — Lincoln was a tyrant! — that makes everyone think, “Oh, I get it. You’re just . . . insane.”

Ron Paul isn’t insane, of course. His views on sound money and central banking, and even his narrow interpretation of the national-defense interests, are principled — and not novel — conservative positions. You and I may not agree with them — I do, mostly, up to the part about allowing Iran to bomb Israel — but on the crackpot scale of 1 to Lyndon LaRouche, they’re barely a 3. And if we’re all really honest about it, the sainted Abraham Lincoln did, in fact, violate the Constitution on several occasions. And over a few beers, say, among friends, these are interesting and diverting topics of conversation.

But like all of those kinds of conversations, they always end up the same way. The conversation winds along interesting abstractions and what-ifs, and then someone — usually the old guy at the end of the bar — says something truly out-there — “There’s no constitutional reason, for instance, why the children of illegal immigrants cannot be eaten” — and then the conversation devolves into weird irrational tributaries, and everyone moves on to something else, but you always have the feeling that one guy — usually the old guy at the end of the bar — really meant it.

January 3, 2012

Gary Johnson tops ACLU campaign report, beating Barack Obama and Ron Paul

The American Civil Liberties Union is doing something different this year to assist voters in finding the candidates who most clearly support civil liberties. This “ACLU Campaign Report Card” highlighted the good and bad aspects (at least in the ACLU’s view) of each of the current GOP candidates and President Obama:

We may surprise some people in that the scores in the report card — which is viewable here — don’t divide along party lines. In fact, the report card reveals a deep ideological rift in the GOP.

Our experts found that Republicans Ron Paul and Jon Huntsman earned solid scores, with four, three and two torches across most major categories, although both received one torch on marriage equality and none on reproductive rights.

President Obama also achieved solid scores or better across most categories, including four torches for ending the “Don’t Ask, Don’t Tell” policy. However, he received just one torch and none for keeping Guantanamo Bay open and continuing unconstitutional surveillance under the PATRIOT act, respectively.

Republican-turned-Libertarian Gary Johnson scored even better than Paul, Huntsman and Obama, earning four and three torches on most major issues. They stand in stark contrast to the other major GOP candidates, three of whom — Michele Bachmann, Mitt Romney and Rick Santorum — didn’t earn a single torch in any of the seven major categories.

Rick Perry and Newt Gingrich received torches in only one category: two torches each for promoting a humane immigration policy, including their support for a path to legal status for some long-term residents.

Ultimately, the good news from the report card is that genuine support for our constitutional values and freedoms has no partisan boundaries. Indeed, Ron Paul’s recent surge in Iowa has been attributed to his adherence to the Constitution and civil liberties.

December 28, 2011

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 27, 2011

Finding the motivations for those scary “libertarian” folk

Jacob Sullum on a recent New York Times article that tried to define the typical Ron Paul supporter (and whether Ron Paul is responsible for their views):

Why does the Times think it is relevant to note that libertarians who focus on economic freedom are “backed to some degree by wealthy interests”? Isn’t that true of pretty much every political movement and organization, including Marxism and the Democratic Party? The implication seems to be that defenders of economic freedom are carrying water for special interests, who are in it only for the money.

Weirdly, the Times locates the scary militants in the part of the libertarian movement that focuses on “personal liberty,” which includes not only the rights explicitly protected by the Constitution (such as freedom of speech, freedom of religion, due process, and freedom from unreasonable searches and seizures) but also such unspecified rights as freedom to engage in consensual sexual relationships, to marry people of either sex, to bet on games of chance, and to ingest psychoactive substances (or even raw milk). So according to the Times, the right-wing extremists attracted to Paul are a tolerant, cosmopolitan group that nevertheless harbors odious views about blacks, Jews, and gay people. Also note that the Times, perhaps unintentionally, says the Constitution “at its extreme has helped fuel militant antigovernment sentiment.” All the more reason to be wary of defending this radical document.

In short, the libertarian movement consists of two parts: 1) self-interested tycoons seeking low taxes and minimal regulation in the name of economic freedom and 2) crazy right-wingers who take the Constitution too seriously and worry about personal freedom. I always thought the distinguishing feature of libertarianism was defending both economic and personal liberty, based on the insight that they are two manifestations of the same thing. But what do I know? I did not realize that the rule of law was a concept invented by F.A. Hayek until the Times explained it to me.

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 20, 2011

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

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

November 22, 2011

QotD: Our Charter of “rights” and “freedoms”

On the evening of January 12, 1981, justice minister Jean Chrétien sat in front of the special parliamentary committee on the Constitution. “I am proposing that Section 1 read as follows: The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society,” he said.

“This will ensure that any limit on a right must be not only reasonable and prescribed by law, but must also be shown to be demonstrably justified.” Translation: “This will ensure that even though we pretend the public has rights that are fundamental to any free and democratic society, we can take them away at will, so long as we can convince a judge that such measures are justified.”

The language used by Mr. Chrétien would eventually become Section 1 of the Charter, which gives government the constitutional cover to infringe the supposedly “fundamental freedoms” that follow it. In order to figure out when such infringements are in fact justified, the Supreme Court came up with the Oakes test.

Using this two-step process, laws that violate our Charter rights must have a “pressing and substantial” objective, and the means of effecting the limit must be reasonable and proportional. The infringement has to be connected to the law’s objective; it has to be as minimal as possible; and it must balance the consequences of such a limitation, with the objective that is being sought.

Jesse Kline, “Freedom shouldn’t come with caveats, but it does”, National Post, 2011-11-22

November 9, 2011

Federalism does not mean “do what the Feds say”

Filed under: Government, Law, USA — Tags: , , — Nicholas @ 12:41

The US government is actively undermining California law when it comes to medical marijuana:

When you get a new car, you start noticing the same model all over the highway. It’s the same way when you figure out what California’s marijuana dispensaries look like — green crosses and signage about “medicine” and “420” start popping up all over the City of Angels: On your commute to work, in your neighborhood, around the corner from your favorite restaurant. To put it bluntly, it’s not hard to find weed in California.

But that all might be about to change. The state’s four U.S. Attorneys are gamely trying to alter the broadly popular status quo with arrests and threats of prosecution and property seizure for landlords who rent to dispensaries, a campaign announced in a rare joint press conference in October. Medical marijuana advocates call it an “intense crackdown” and have launched a lawsuit claiming the federal attorneys’ tactics violate California’s tenth amendment rights (Rick Perry, call your office).

State and local officials, meanwhile, are divided in their reactions to the influx of dispensaries in California, but many say that overly eager federal intervention is undermining the state-regulated medical marijuana system that they have taken pains to set up. In other words, as long as the federal crackdown contained itself to targeting egregious offenders of state law, it was hard for anyone to object; many applauded. But by raising the prospect of a federal assault on city mayors and town councils, Obama’s Department of Justice could be making more enemies than friends in California.

October 27, 2011

Ten years of Patriot Act intrusions into civil liberties

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

The Electronic Frontiers Foundation marks the tenth anniversary of the awful Patriot Act:

Ten years ago today, in the name of protecting national security and guarding against terrorism, President George W. Bush signed into law some of the most sweeping changes to search and surveillance law in modern American history. Unfortunately known as the USA PATRIOT Act, many of its provisions incorporate decidedly unpatriotic principles barred by the First and Fourth Amendments of the Constitution. Provisions of the PATRIOT Act have been used to target innocent Americans and are widely used in investigations that have nothing to do with national security.

Much of the PATRIOT Act was a wish list of changes to surveillance law that Congress had previously rejected because of civil liberties concerns. When reintroduced as the PATRIOT Act after September 11th, those changes — and others — passed with only limited congressional debate.

Just what sort of powers does the PATRIOT Act grant law enforcement when it comes to surveillance and sidestepping due process? Here are three provisions of the PATRIOT Act that were sold to the American public as necessary anti-terrorism measures, but are now used in ways that infringe on ordinary citizens’ rights

October 13, 2011

The 14th Amendment, a history

Filed under: Government, History, Law, Liberty — Tags: , , , — Nicholas @ 09:54

Canadian liberty: “The entitlement to consume milk, raw or otherwise, is not a Charter-protected right”

Filed under: Cancon, Law, Liberty — Tags: , , — Nicholas @ 09:31

Karen Selick reports on a recent court decision that shows just how far Canadians’ liberties are constrained by the judiciary:

Dairy farmer Michael Schmidt has been campaigning to legalize the sale of raw (unpasteurized) milk for 17 years. In 2010, he was acquitted on 19 charges by a justice of the peace who ruled that “cow sharing” was a legitimate way to provide raw milk to informed consumers who don’t live on farms.

On Sept. 28, a judge reversed portions of that decision and found Schmidt guilty on 13 charges.

But the judge ventured beyond the subject of raw milk, saying: “The entitlement to consume milk, raw or otherwise, is not a Charter-protected right.”

The implications are far reaching. If the judge is right about this, future courts could similarly declare that you have no right to eat meat, poultry, seafood, fruit, vegetables or grains, even if government approved. In short, you may have no right to eat anything at all.

[. . .]

In one very technical sense, the courts’ statements are accurate: There is no specific reference to milk, or indeed, any food in the Canadian Charter of Rights and Freedoms or the U.S. Bill of Rights. But both documents are equally silent about any right to get out of bed in the morning, to stretch, to brush your teeth, to use the bathroom, to put on clothes. If constitutions had to enumerate every single thing that North Americans normally consider themselves free to do, they would be a zillion pages long.

Instead, the people who drafted these constitutional documents used a simple shortcut to eliminate the zillion pages. They said that people had the right to liberty.

The Charter was, after all, designed to rein in government, not to rein in individuals. It did not purport to grant us our rights or freedoms; rather, it recognized that those freedoms already existed. It guarantees in its very first section that the state may not infringe on our freedoms except by “such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.”

October 4, 2011

European Union’s biggest fear isn’t the financial crisis: it’s the voters

Filed under: Bureaucracy, Economics, Europe, Government — Tags: , — Nicholas @ 09:24

Mick Hume points out that the EU is undemocratic, and well on the way to being even less so if the Eurocrats get their way:

When even the Europe editor of the Europhile BBC suggests that ‘it is quite possible that an early casualty in the Eurozone crisis will be democracy’, it is surely time to ask some serious questions about the way that the handling of Europe’s financial and economic problems is intensifying the crisis of democratic politics.

If there is one thing that worries the Euro-elites even more than their out-of-control finances these days, it is their uncontrollable electorates. Governments, EU bureaucrats and Euro-bankers do not trust the ignorant European masses, many of whom have stubbornly refused to accept (on the rare occasions they have been asked) that the authorities know what’s best for them. We have followed on spiked in recent years the elites’ sustained efforts to impose a new centralised constitution on the EU and then, when those nations offered a vote rejected their imperious plans, to sneak it in through the backdoor anyway. They will not take ‘no’ for an answer, no matter how often and how loudly we tell them.

[. . .]

Every discussion of the possible outcome of the crisis only seems to suggest two options: either a ‘disastrous’ break-up of the Eurozone or its ‘restructuring’ – that is, a mega-bailout coupled with further moves towards fiscal as well as economic union. The first of these is not really considered an option at all by the Euro-elites. It would be an act of political suicide on their part. So the second option is their only one. But they also fear what the reaction of their peoples will be to that, especially in Germany and France.

Their answer has been effectively to suspend democratic debate of these matters and keep the public out of the loop, conducting the real deals in smoke-free rooms and secret correspondence behind a curtain of media obfuscation.

[. . .]

Democracy is a meaningless charade without choices and competing visions for the future of society. And the bankrupting of democracy is surely too high a price to pay for any financial package. There is no ready-made alternative economic solution to hand. But the very least we should demand is that the true depth of the crisis be made public, and that every aspect of the counter-crisis measures must be openly debated. The first step in that direction should be to challenge the way that European democracy is being bankrupted and asset-stripped in the name of saving the continent. Fighting for the future of Europe is not the same thing as the survival of the Euro-elites.

As things stand, we in Europe look set to end up with the worst of both worlds. We are supposed to swallow the abrogation of democracy and imposition of the dictatorship of experts and bureaucrats in the name of economic necessity. And then their elitist schemes won’t work anyway either to bring about an integrated Europe or to revitalise the Euro economy.

New York wants to rework the First Amendment “not as a right, but as a privilege”

Filed under: Law, Liberty, USA — Tags: , , , — Nicholas @ 08:53

Some New York senators think you’ve got too much freedom of speech, and they think the world would be a much nicer place if you didn’t have as much:

. . . some state Senators in NY are trying a new line of attack: going directly after the First Amendment and suggesting that current interpretations are way too broad, and it’s not really meant to protect any sort of free speech right. In fact, it sounds as though they’re trying to redefine the right to free speech into a privilege that can be taken away. Seriously:

     Proponents of a more refined First Amendment argue that this freedom should be treated not as a right but as a privilege — a special entitlement granted by the state on a conditional basis that can be revoked if it is ever abused or maltreated.

Yes, that totally flips the First Amendment on its head. It is not a “more refined First Amendment.” It’s the anti-First Amendment. It suggests, by its very nature, that the government possesses the right to grant the “privilege” of free speech to citizens… and thus the right to revoke it. That’s an astonishingly dangerous path, and one that should not be taken seriously. Of course, given their right to speak freely, state senators Jeff Klein, Diane Savino, David Carlucci and David Valesky have every right to put forth that argument — but similarly, it allows others to point out their rather scary beliefs.

August 1, 2011

QotD: Redefining guilt

Filed under: Law, Liberty, Media, Quotations — Tags: , , , — Nicholas @ 11:33

I’m aware that Obama, Napolitano, the Southern Poverty Law Center, and a host of organized collectivists have been working hard for a long time to defame and smear everything and everybody that once made this nation great. They want as many of its people as possible to believe that knowing the Constitution, or calling upon its provisions at need, is as good as a criminal act. I have been concerned that in television dramas from CSI, through NCIS, to Castle, whenever the accused demands to see a lawyer, it’s considered a confession of guilt.

L. Neil Smith, “Madison’s Ghost”, Libertarian Enterprise, 2011-07-31

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