You’ve seen it featured in crime, courtroom, and police dramas on television.
A powerful and dangerous individual or group has gotten away with force and fraud for years. Finally, the police and prosecutors find a witness whose testimony can put the thugs behind bars.
But the criminals will threaten or kill the witness or his family if he takes the stand.
The only way the authorities can get the witness to testify is to protect him and his family.
So the prosecutors and law enforcement offer secret relocation, new identities, and a new life to the person and his family — in exchange for his truthful testimony in court.
In our legal system, in certain cases, this makes sense.
But it makes no sense for libertarians to act as if they were in the political equivalent of this program.
Some libertarians blend in with mainstream or nonpolitical neighbors and coworkers.
They rarely join in on political or economic conversations at home or at work. And, if they do, they keep their comments mild and bland.
If they get libertarian email newsletters or social media, they keep it to themselves
“Why stir up trouble?” they think. “Why start an argument?”
They don’t put libertarian campaign signs on their front lawns. They don’t put libertarian bumper stickers on their cars. And they keep their libertarian books and DVD’s in the private areas of their homes.
If they donate to libertarian campaigns or vote for libertarian candidates, they tell no one.
Secrecy. Silence. Invisibility.
Witness Protection Libertarians.
But this does NOT make them safer. It makes Big Government safer.
It delays the growth of the Libertarian movement. It hinders support for the cause of liberty.
It keeps your family, friends, neighbors and co-workers from having warm and thoughtful conversations about liberty with someone they know and like and trust: YOU!
Opt out of Witness Protection Libertarian policies.
Opt into persuasive libertarian communication with The Advocates for Self-Government.
The Food and Drug Administration (FDA) is planning to expand its vast regulatory reach to e-cigarettes and vapor products, but new language in an agriculture bill currently in the U.S. House of Representatives could throw a wrench into the machine.
The FDA plans to use a “deeming rule” to move forward on regulations that would treat e-cigarettes and vapor products like tobacco. Though these products can contain nicotine, which is entirely up to the user, they don’t have tobacco. In fact, there is, according to the American Vaping Association, “no fire, no ash, [and] no smoke.”
Many people who use e-cigarettes or vapor products do so to quit smoking, using high-nicotine e-juices and gradually lowering the dosage until they’ve kicked the habit. The FDA and public health advocacy groups claim that e-cigarette and vapor products are dangerous and target minors through different flavors available on the market. Despite the concerns, studies have shown these products don’t emit significant amounts of toxins, especially when compared to real cigarettes.
“Does this mean e-cigarette vapor is about as safe as air? Not quite, since we don’t know the long-term respiratory effects of inhaling the glycerin or propylene glycol that delivers nicotine into vapers’ lungs,” Jacob Sullum wrote at Reason. “But whatever those effects are, it is safe to say they will not compare to the effects of smoking.”
“Without action by Congress, the FDA’s proposed regulations threaten to ban 99 percent-plus of vapor products currently available on the market,” said Gregory Conley, President of the American Vaping Association, of the bill’s introduction in the House. “This would be a disaster not only for thousands of small businesses, but also public health.”
“This proposal does not remove the FDA’s ability to regulate vapor products. The FDA will retain the authority to immediately move forward with science-based product standards, disclosure requirements, and many other measures. Anyone who claims that this bill would somehow render the FDA toothless is either not familiar with the law or not being forthright,” he added.
While a ban on the sale of e-cigarette and vapor products to minors may be appropriate – though most sellers already refuse to sell to anyone under the age of 18 – promulgating regulations that would subject this industry to extensive regulation is a bridge too far.
Interestingly, “Big Tobacco” is encouraging the FDA to implement the regulations. Some traditional cigarette makers are in the e-cigarette business. Reynolds American, for example, the maker of Newport and Camel cigarettes, owns Blu e-cigs. Conley believes Reynolds and other cigarette makers, which are already subject to the regulation and can easily absorb the cost, are trying to snuff out refillable vapor producers, which are typically small businesses.
The FDA regulations are due to be announced in the coming weeks, if not sooner. In the meantime, puff ‘em while you have ‘em, because your freedom to vape may not be around much longer.
The House of Representatives, on Wednesday, blocked a resolution that would have required President Barack Obama to remove all United States armed forces operating in Iraq and Syria by the end of the year, at the latest.
It’s clear that the framers of the Constitution intended authorization or declarations of war come from Congress, rather than presidents. Article I, Section 8 of the nation’s foundational document, which lists the limited powers of the legislative branch, makes this quite clear.
The framers knew unchecked power in the hands of a president was dangerous. In Pacificus-Helvidius debate with Alexander Hamilton, James Madison, the Father of the Constitution, wrote: “In no part of the Constitution is more wisdom to be found, than in the clause which confides the question of war or peace to the legislature, and not to the executive department. Beside the objection to such a mixture to heterogeneous powers, the trust and the temptation would be too great for any one man; not such as nature may offer as the prodigy of many centuries, but such as may be expected in the ordinary successions of magistracy. War is in fact the true nurse of executive aggrandizement.”
H. Con. Res. 55 – introduced by Rep. Jim McGovern, D-Mass., and cosponsored by Reps. Barbara Lee, D-Calif., and Walter Jones, R-N.C. – would have required President Obama, under Section 5 of the War Powers Resolution, to remove American troops in Iraq and Syria absent an authorization for the use of military force (AUMF) against the Islamic State of Iraq and the Levant.
“Since then, the House has failed to act on the President’s request [for an AUMF against ISIL], or any alternative,” McGovern and Jones wrote to Boehner. “No AUMF bill has been marked up in committee or debated on the House floor. As a result, the House has failed to asset its proper constitutional authority over declaring and authorizing war.”
Some Republicans have suggested that President Obama doesn’t necessarily need an AUMF to fight ISIL. Instead, they say, he can rely on the War Powers Resolution. This notion, however, is woefully inaccurate. Section 2 of the War Powers Resolution places limitations on executive branch, requiring a formal declaration of war, statutory authorization, or a national emergency due to an attack on the United States.
The proposed resolution found bipartisan support. Rep. Thomas Massie, R-Ky., for example, urged the House to act.
“Article 1, Section 8 of the Constitution gives Congress, not the President, the power to declare war,” Massie said from the House floor. “War requires congressional authorization, and the American people deserve open debate by their elected officials.”
“If we are to send our brave young men and women into harm’s way overseas, then Congress must honor the Constitution, declare war, and fight to win. Anything else is illegal, unconstitutional, and likely to lead to horrific unintended consequences,” he added.
In the end, the House failed to meet its constitutional obligation. H. Con. Res. 55 failed by a vote of 139 to 288, meaning that an authorized war against ISIL will continue for as long as…well, who knows.
The Libertarian Homeschooler (Me): What time did you wake up this morning?
The Young Statesman (13 at the time) (YS): 5:30
Me: People are going to be interested in knowing what it is that causes a thirteen-year-old to wake at 5:30 in the morning. Can you tell me about that?
YS: If I get up that early I can go to the gym and I can practice the organ. Those are two things I want to do every day and we do that every day. It’s done and I don’t have to worry about it. When I wake up early I can get that done early.
Me: You didn’t just wake yourself up, did you?
YS: I woke The Baby Anarchist (8 at the time).
Me: How did you do that?
YS: I tuned on the light and woke him and gave him his clothes. While he brushed his teeth I made his bed. Then I went to my room, made my bed, tidied up, put away my laundry, brushed my teeth, and went downstairs. I let the dog out, I fed her, I filled up the water bottles for the gym, I got the breakfast cooler together, and we went to the gym.
Me: Did your brother need help with his shoes?
YS: Yeah. The shoe laces aren’t that good so I helped him.
Me: Why do you help your brother?
YS: One day I’m going to want his help. I’d might as well be nice to him.
Me: Did I tell you to do these things?
YS: No. You said you were going to the gym at 6 in the morning and if I got up early I could join you. Then you asked BA if he wanted to come so now all of us go.
Me: You’re a pretty independent kid, aren’t you?
YS: I don’t like to be told what to do.
Me: If I started pestering you to do things, what would be your reaction?
YS: I’d wonder if you’d been hit in the head.
Me: If I were insisting that you do these things would you be as willing as you are?
Me: Why not?
YS: Because when I’m being told to do things that puts me in a passive frame of mind. And it makes me not like you if you’re bossing me around.
Me: Tell me about being passive.
YS: If I try to take the initiative, I’m going to end up butting up against you. I’m living off of you and what you’re telling me to do. I stop thinking.
Me: At that point you’re just being directed.
YS: I stop thinking. I’m just in brainless mode. I’m like a dog.
Me: How long can you stand to be in that mode?
YS: Not very long. If you’re in that mode for very long, you rebel.
Me: So you act rebelliously?
YS: Yes. In response to not being allowed to think for yourself you make stupid decisions. You don’t even think before you act.
Me: So your actions aren’t so much your own decisions as they are reactions against authority. I don’t think that’s just what adolescents do. Anyone who is being dominated and doesn’t think it’s legitimate is going to do that.
YS: You’ve taught me to think. Not to obey. You don’t tell me what to do. You give advice. I can take it or not.
Me: Would there be a problem if you didn’t take my advice?
Me: You’d just have a different experience. I notice that you take my advice more often than not. Why?
YS: Because when I haven’t taken your advice I’ve gotten hurt. Remember when you told me not to run in flip flops and I didn’t listen and I scraped my face across the road?
Me: That was so awful.
YS: I was trying to take something back to a neighbor. It really hurt. I’ve never run in flip flops since. Do you remember when you told me not to shriek and cry about everything because you wouldn’t know when I was really hurt? And then when we were at the swamp and I broke my arm and I was screaming and crying and you didn’t come because I screamed and cried at everything. That was a learning experience. And when dad told me not to run the chisel towards my hand and I did it anyway and we ended up in the ER for five hours. Or when he told me not to shove sharp things and I was in the ER again. I’m learning. Slowly. And painfully. But if you had stopped me, I wouldn’t have learned to listen.
Me: We would have stopped you from getting hurt if we could have. Do you think the injuries were worth it?
The Libertarian Homeschooler (Me): Do we do school at home?
The Young Statesman (YS): No.
Me: Do we homeschool?
Me: Do we unschool?
Me: What are we doing?
YS: Not fitting in that box everyone likes things to fit things in.
Me: What are some words that would describe what you do from day to day?
YS: I’m doing. I’m not learning about what I want to do, I’m doing what I want to do.
Me: Like what?
YS: Accompanying choirs. Proctoring. Performing. Composing. I’m working for people who do what I want to do.
Me: And they’re helping you decide how to spend your time and where to put your effort.
This is what we’re doing with our older son and what we’re starting with our younger son. It’s not school, it’s not homeschool, it’s not unschooling, it’s not waiting, it’s not preparing. It’s none of that. It’s figuring out what they’re interested in, how they want to serve others, who they want to be, and assisting them as they go about creating themselves and their work. If they need something as they go, we help them get it.
Whether it’s competency in algebra, speech lessons, table manners, an internship with someone who is familiar with development and PR, a seminar on cottage industry, dancing lessons, composition curriculum, a trip to the organ builder, whatever. We facilitate.
We help them picture where they’re going and help them make the vessel that will get them there. We find people to teach them how to navigate, to sail, to take to the oars when the wind won’t serve, and help them recalibrate as they go.
We’re not homeschoolers. We’re dreamers and we’re ship builders and we’re navigators.
An amendment to the FY 2016 National Defense Authorization Act (NDAA), sponsored by Sen. Mike Lee, R-Utah, would guarantee that no American citizen can be indefinitely detained by the federal government without charges being filed against them.
In 2011, Congress passed the FY 2012 version of the NDAA, which contained a controversial provision that, read broadly, could be used to detain American citizens suspected of terrorism without charges or trial under the 2001 Authorization for Military Force against al-Qaeda. The Lee amendment – which is cosponsored by a bipartisan group of senators, including Rand Paul, R-Ky., and Dianne Feinstein, D-Calif. – would resolve the controversy.
“America should never waiver in vigilantly pursuing those who would commit, or plot to commit, acts of treason against our country. But the federal government should not be allowed to indefinitely imprison any American on the mere accusation of treason without affording them the due process guaranteed by our Constitution,” Lee said in a statement released by his office. “By forbidding the government from detaining Americans without trial absent explicit congressional approval, the Due Process Guarantee amendment strikes the right balance between protecting our security and the civil liberties of each citizen.”
“The Constitution does not allow President Obama, or any President, to apprehend an American citizen, arrested on U.S. soil, and detain these citizens indefinitely without a trial,” said Sen. Ted Cruz, R-Texas, another cosponsor of the amendment. “The Due Process Guarantee amendment will prohibit the President’s ability to indefinitely detain U.S. citizens arrested on American soil without trial or due process.”
“While we must vigorously protect national security by pursuing violent terrorists and preventing acts of terror, we must also ensure our most basic rights as American citizens are protected,” Cruz added.
The Senate is currently debating the FY 2016 version of the NDAA. Votes on amendments will occur over the next few legislative days. The bill passed the House in mid-May by a vote of 269-151.
At the young age of 26, Eric Brakey was elected to the Maine State Senate to serve a district in the southern part of the Pine Tree State. He hasn’t wasted any time since arriving in Portland for his first legislative session.
But Brakey’s style as a legislator with strong libertarian leanings is earning him some fans in Portland. “He hasn’t ruffled feathers,” Lance Duston, a Republican strategist in the state, told the Portland Press Herald. “He’s successfully moved legislation and he’s done it in a productive and positive way. He has also helped move the party more toward the libertarian side. I’ve been a little surprised at his trajectory.”
Brakey, who is described as a “worker” by one of his Republican colleagues, came from a Republican household. He was born in Maine, but grew up and went to college in Ohio. He found himself drawn to former Rep. Ron Paul, R-Texas, when he ran for president and worked on his 2012 campaign in Maine.
Not long after relocating to the state, Brakey decided to run for a seat occupied by a Democrat. Despite a gaffe unrelated to his actual campaign, he won the seat with over 56 percent of the vote.
Brakey has been careful to pick his battles, in his role as chairman of the state Senate’s Health and Human Services Committee. But his views on issues are libertarian to the core.
“There are two molds that a state legislator usually fits,” Duston said. “One is that their life story or their work is such that it leads them to service. The other is that someone represents a value system, and that’s where he fits in.”
“Also, he is fairly strident ideologically, but he approaches things moderately, which has served him well,” he added.
Assuming he’s reelected every two years, Brakey will serve until he’s term-limited out of office in 2022. When’s not legislating, Brakey, who majored in theatre at Ohio University, spends his time acting.
Hell may have just frozen over. Donald Rumsfeld, who served as Secretary of Defense from 1975 to 1977 and again from 2001 to 2006, says that President George W. Bush’s attempt to bomb Iraq into accepting “democracy” was “unrealistic.” Rumsfeld made the comments during an interview with The Times of London.
“The idea that we could fashion a democracy in Iraq seemed to me unrealistic. I was concerned about it when I first heard those words,” Rumsfeld told the paper. “I’m not one who thinks that our particular template of democracy is appropriate for other countries at every moment of their histories.”
The comments are surprising. Rumsfeld was one of the major figures promoting the Iraq War. In fact, he was one of prominent administration figures who tried to connect the Middle Eastern country’s dictator, Saddam Hussein, to al-Qaeda and the 9/11 attacks. In September 2004, Rumsfeld, who has since denied making the connection, said the ties were “not debatable.”
President Bush announced Rumsfeld’s resignation November 8, 2006, a day after Republicans were shellacked at the ballot box in that year’s mid-term election and lost control of both chambers of Congress.
With the rise of the Islamic State and Levant, which has taken control of swaths of Iraq, Rumsfeld may have had a change of heart. The question is, will Republicans currently pushing for war with other countries heed his words?
It’s not likely. Sen. Tom Cotton, R-Ark., has firmly supplanted himself as one of the top Republican war hawks in the upper chamber, which isn’t an easy task considering that he serves alongside Sens. John McCain, R-Ariz., and Lindsey Graham, R-S.C. Although Cotton is frequently touted as a fiscal conservative, his doesn’t seem to understand that perpetual war is inconsistent with limited government.
Last week, Fred Boenig, an antiwar activist whose son, Austin, committed suicide in May 2010 while serving in the Air Force, confronted Cotton during an event at the Johns Hopkins University campus in Washington, DC.
“I think we have a responsibility to support democracy. And if a nation expresses a desire to become a democratic nation, particularly one that we invaded, I do believe that we have a responsibility to help them move in that direction,” said Rubio. “But the most immediate responsibility we have is to help them build a functional government that can actually meet the needs of the people in the short- and long-term, and that ultimately from that you would hope that would spring democracy.”
When a host said that Rubio sounds like he backs nation-building, the freshman Florida Republican said: “Well, it’s not nation-building. We are assisting them in building their nation.”
That’s a distinction without a difference, senator.
Maybe Rumsfeld’s comments, which are only now getting traction in American media, will put Republican hawks on the defensive, forcing them to answer tough questions about the failed the failed foreign policy Republicans all too frequently promote. But don’t hold your breath.
A 20-something guy walked in the door, glanced at the cover of my book, and walked over to my table.
“Are you a libertarian?” he asked.
“Yeah,” I answered.
“I don’t know you,” he said. “But I do know this: You libertarians will never get anywhere until you accept the fact of Big Government. Let me tell you why.”
“I’ll be glad to hear why… If you’ll just clarify a couple of things for me,” I said.
“Clarify what?” he asked.
“When you say we need to ‘accept the fact of Big Government’, exactly what do you mean?” I asked. “Do you mean that we libertarians have to accept the fact that Big Government DOES EXIST? OR: Do you mean that we libertarians need to RESIGN OURSELVES to Big Government?”
“I mean that you need to come to terms with the fact that government is big and it’s going to stay big,” he said
“So you’re telling me that Big Government is inevitable – that it’s impossible to shrink today’s Big Government, to make it smaller?” I asked.
“Yes, I am,” he said.
“Well? What’s your evidence that it’s impossible for voters or libertarian officeholders to reduce the size, power, authority, taxes, and/or spending of today’s Big Government?”
“Look, I don’t want to get into a debate…” he said.
“Fine. But before you go, could you please tell me which facts and evidence tell us that Big Government is inevitable — and that the only sane thing for libertarians to do is surrender to Big Government?” I asked.
“Look, I’ve got to go,” he said as he headed for the exit.
“Okay. But remember, small government is beautiful. And individual liberty is possible.”
With a record like that, which only touches the surface of how bad of a president Bush was, one would think Americans wouldn’t think too fondly of him. Well, apparently, one would be wrong.
Hopefully, the answer is no.
A new CNN poll finds that Bush, who left office in January 2009, actually view Bush positively. “According to the poll, 52% of adults had a favorable impression of George W. Bush, 43% unfavorable,” CNN reported on Wednesday. “When Bush left office in 2009, only about a third of Americans said they had a positive opinion of him.”
Amazingly, it’s not just Republicans and conservatives driving Bush’s numbers upwards. CNN notes that his favorability has grown even among those who opposed most of his policies.
“Bush remains broadly unpopular among groups that made up his main opponents during his time in office: Democrats (70% unfavorable), liberals (68% unfavorable) non-whites (54% unfavorable), and those under age 35 (53% unfavorable),”CNN explained. “But even among these groups, he’s gained some ground since leaving office. In February 2009, 85% of Democrats and 90% of liberals had a negative take on the president, as did 75% of non-whites and more than 6 in 10 young adults.”
Some would argue that President Barack Obama, who received an even split at 49%, is just that bad. Certainly, Obama hasn’t been an improvement over his predecessor and, in many ways, has been much worse. But the absence of Bush in the Oval Office doesn’t mean that voters should have a favorable view of him.
The tension in the Middle East over the Islamic State of Iraq and the Levant (ISIL) may be part of the reason why Bush is rising and Obama is falling. At the same time, voters should remember that Iraq and the rise of ISIL is a failure of the Bush administration.
Certainly, Obama’s foreign policy has been hawkish in some respects, such as Libya, and disastrous in others, like Ukraine, where tensions with Russia have boiled over. But that it doesn’t compare to the utter disgrace that was Bush’s foreign policy.
And again, it’s not just Bush’s foreign policy. He was bad on almost everything. It’s been said voters have a short-term memory; that they’re willing to forgive and move on. That may be true, but failing to remember the lessons of bad presidents means we’re doomed to repeat them again and again.
On Tuesday, the United States Senate gave final passage to the USA Freedom Act, but not without drama on the floor of the upper chamber. Majority Leader Mitch McConnell, R-Ky., offered three amendments that, if passed, would have weakened the bill.
With the support of hawks in the Senate Republican Conference, McConnell proposed amendments that would have increased the transition period from three to six months, removed essential transparency requirements, and required private companies to notify the federal government if they changed their data retention policies. Each of the amendments failed, falling short of the majority needed for passage.
After the USA Freedom Act passed with significant bipartisan support, a visibly irritated McConnell railed against the bill from the floor, lecturing his colleagues that the Fourth Amendment, which protects Americans against “unreasonable searches and seizures,” doesn’t cover phone records.
“No content. No names. No listening to the phone calls of law-abiding citizens. We are talking about call data records,” said McConnell. “And these are the provider’s records, which is not what the Fourth Amendment speaks to. It speaks to: ‘The right of the people to be secure in their persons, houses, papers and effects.’”
Part of the legal justification for bulk collection of Americans’ phone records is grounded in a little-known 1979 case, Smith v. Maryland, in which the Supreme Court ruled that the installation of the pen register on the phone of Michael Lee Smith without a warrant was not a violation of his Fourth Amendment rights. But as Jim Harper of the Cato Institute has explained, this interpretation of the case is wildly misleading.
“It is not possible to argue honestly that the facts of Smith are anything like the NSA’s bulk data collection. The police had weighty evidence implicating one man. The telephone company voluntarily applied a pen register, collecting analog information about the use of one phone line by that one suspect,” Harper wrote in August 2013. “I can’t think of a factual situation that could be at a further extreme than NSA’s telephone calling surveillance program.”
Add to Harper’s point that Section 215 of the USA Patriot Act allowed only the collection of records related to specific investigation into terrorism. It didn’t permit the bulk collection of all phone records of every American, a fact that was noted recently by the Second Circuit Court of Appeals.
Others, like Rep. Justin Amash, R-Mich., believe the USA Freedom Act merely shifts the method of bulk collection from the National Security Agency to private phone companies. The USA Freedom Act, Amash said after it passed the House of Representatives in mid-May, “actually expands the statutory basis for the large-scale collection of most data.”
But with debate on the USA Freedom Act now over, at least for now, President Barack Obama’s signature on the bill, some may be asking what’s next. The Guardian reported on Wednesday that the administration is seeking to restart the bulk collection program, aka NSA spying, “temporarily” to transition “the domestic surveillance effort to the telephone companies that generate the so-called ‘call detail records’ the government seeks to access.”
So, just to be clear, the administration will, according to The Guardian, “argue it needs to restart the program in order to end it.” Add that one to the growing list of Orwellian statements from this administration, and put it right under “if you like your health plan, you can keep it” and “never let a good crisis go to waste.”
Currently, distilled drinks are taxed at $13.50 per proof gallon. Young’s bill seeks to lower the tax to $2.70 per proof gallon on the first 100,000 gallons produced by a distillery and $9 per proof thereafter.
Rep. John Yarmuth (R-Ky.) has cosponsored the bill, which was referred to the House Ways and Means Committee on May 21. Rep. Paul Ryan (R-Wis.) chairs the powerful tax-writing committee.
“All around southern Indiana, many new craft distilleries are popping up, creating jobs and adding to the tax base,” Young said in a release on Wednesday. “But there’s a lot of red tape involved in getting a new distillery off the ground, and this bill helps reduce that burden. In addition, we have many large, established distilleries in our region of the country, and this bill will help them, too.”
Sen. Gary Peters (D-Mich.) introduced a companion bill in the Senate. Sens. Dan Sullivan (R-Alaska) and Kirsten Gillibrand (D-N.Y.) have signed on as cosponsors of the bill. Although the members represent states with a number of distilleries, the popularity of craft spirits has risen significantly and virtually every state now has distillery.
For the producers, the savings can mean expansion of their operations and more jobs for local communities.
“I started my distillery eight years ago to support Michigan jobs and prove that high quality spirits could be made right here in Michigan,” Rifino Valentine, founder of Valentine Distilling, said in a press release from Peters’ office. “While I’m proud to say we are expanding our facility, so many small distilleries are at a unique disadvantage as a result of the high federal excise tax.”
The bill may be common sense, but similar efforts to lower the excise tax on distilled spirits didn’t move out of committee in the previous Congress.
Each state taxes beer by the gallon, with the costs ranging from just 2 cents in Wyoming to $1.29 in Tennessee.
“State and local governments use a variety of formulas to tax beer,” Scott Drenkard writes at the Tax Foundation. “The rates can include fixed per-volume taxes; wholesale taxes that are often a percentage of a product’s wholesale price; distributor taxes (sometimes structured as license fees as a percentage of revenues); case or bottle fees (which can vary based on size of container); and additional sales taxes (note that this measure does not include general sales tax, only those in excess of the general rate).”
There is a trend to be found in the rates, as well. States in the Southeast tend to have the highest beer taxes. Seven of the top 10 states with the highest beer taxes are located in the area of the country known as the “Bible belt.” Northeastern states tend to have lower beer taxes.
Map courtesy of our friends at the Tax Foundation
The Beer Institute estimates that consumers pay $5.6 billion in federal and state excise taxes annually. “Surprisingly, taxes are the single most expensive ingredient in beer,” the beer centric think tank notes, “costing more than the labor and raw materials combined.”
Although the Tax Foundation report does not touch on the cost of federal and state regulation of beer, which adds to the cost of production, particular of micro-breweries and small craft beer producers.
In a June 2014 editorial at US News, Matthew Mitchell and Christopher Koopman, both research fellows at the Mercatus Center, explained that the excessive regulations, which are just another form of taxation, create burdensome barrier to entry for small brewers looking to take their product to market.
“Once in business, brewers face more hurdles. Among the least efficient regulations are the ‘franchise laws’ that restrict their ability to sell beer directly to consumers, instead mandating that they sell through distributors. These rules can even dictate how brewers may contract with distributors,” wrote Mitchell and Koopman. “For example, some grant distributors exclusive territories, and others limit the ability of a brewer to choose to work with someone else. A recent survey found that in most cases, these rules make consumers worse off.”
Beer taxes may be an easy target for lawmakers looking to raise revenue for big government programs and regulation may be a convenient way to protect big beer brewers, but these policies are keeping Americans from the frothy goodness that is their favorite brew. Raise a glass and tell your lawmakers to “free the hops!”
The USA Freedom Act failed to clear a procedural hurdle in the Senate during a session that stretched into the very early hours of Saturday morning. Senators also blocked a two-month extension of Section 215 of the USA Patriot Act, which has been broadly interpreted to allow the National Security Agency to conduct mass surveillance on law-abiding Americans, in a showdown between two Kentucky senators.
Senate Judiciary Committee Chairman Richard Burr, R-N.C., introduced substitute language of the USA Freedom Act. The Senate version of the bill is different, Burr says, because it “provides a longer transition period to ensure that the metadata collection process moves properly to the carriers” and “contains a bipartisan approach which would provide the government with advance notice of a carrier’s intent to change its data retention policies.”
The new language of the USA Freedom Act was a nonstarter in the Senate. The upper chamber blocked motion to proceed by Majority Leader Mitch McConnell, R-Ky., on the bill in a 57-42 a vote. The motion required 60 affirmative votes. Even if the Senate did proceed, House Republicans, including Rep. Jim Sensenbrenner, R-Wis., warned that the new language would not have the votes to pass the lower chamber.
“Senator Burr’s proposal to plug the so-called ‘holes’ in the USA FREEDOM Act is dead-on-arrival in the House. His bill is not stronger on national security, it is just much weaker on civil liberties,” Sensenbrenner said on Friday. “This is nothing more than a last-ditch effort to kill the USA FREEDOM Act, which passed the House 338-88.”
“If the Senate coalesces around this approach, the result will be the expiration of important authorities needed to keep our country safe,” he added.
McConnell tried to move forward with a simple two-month reauthorization of Section 215 of the USA Patriot Act, which expires on May 31. McConnell could muster only 45 votes, far short of the 60 votes required.
The scene got even more interesting when McConnell began making motions for unanimous consent to shorten the length of extension of the provision. The Republican leader first tried to extend the provision to June 8, but his home-state colleague, Sen. Rand Paul, R-Ky., was not having it.
“Reserving the right to object, we have entered into a momentous debate. This is a debate about whether or not a warrant with a single name of a single company can be used to collect all the records, all of the phone records of all of the people in our country with a single warrant,” said Paul. “Our forefathers would be aghast. One of the things they despised was general warrants.”
Paul has proposed a series of amendments to any attempt to reauthorize Section 215, including giving Fourth Amendment protections to records held by third parties and placing limitations on Section 213, the so-called “sneak-and-peek” provision, to only terrorism and espionage investigations.
“I started out the day with a request for six amendments; I’m willing to compromise to having two amendments at a simple majority vote,” Paul stated before objecting to McConnell’s consent agreement. “I think that’s a very reasonable position, and if we can’t have that and we can’t have an extensive debate over something we’ve had four years to prepare for.”
Blocked by Paul, McConnell tried to shorten the reauthorization to June 5. Sen. Ron Wyden, D-Ore., objected. McConnell tried again, proposing extension to June 3. Sen. Martin Heinrich, D-N.M., blocked him. McConnell tried one last time, shortening the date to June 2. Paul objected.
Seeing no path forward on reauthorization early Saturday morning, McConnell conferred with Minority Leader Harry Reid, D-Nev., on how they should proceed with reauthorization as the Senate entered into a weeklong recess.
Shortly before the Senate moved onto other business before recessing for the week, McConnell announced that members would come back to Washington on Sunday, May 31 for a final chance to reauthorize Section 215.
Whether the opposition seen on Saturday morning will last through the week or some sort of agreement will be worked out between Paul and Republican leadership to allow him to offer amendments remains is unclear. But the scene in the Senate was encouraging for those passionate about the protections guaranteed by the Fourth Amendment.
The 10-hour marathon speech by Rand Paul, the freshman Kentucky Republican senator, may not technically be considered a filibuster, but it served an important purpose, nonetheless, as the upper chamber seeks to close out its business before going into a week-long Memorial Day recess.
The Senate was in the midst of a debate over the proposed Trade Promotion Authority on Wednesday when, at 1:18 PM, Paul rose from his desk and began speaking against the Patriot Act, executive overreach, and the National Security Agency.
This was Paul’s second filibuster, loosely speaking, since he took office. In February 2013, the Kentucky Republican, for nearly 13 hours, filibustered the nomination of John Brennan to serve as the director of the Central Intelligence Agency over the Obama administration’s use of drones to target American citizens.
“There comes to a time in the history of nations when fear and complacency allow power to accumulate and liberty and privacy to suffer. That time is now,” Paul declared on Wednesday. “And I will not let the Patriot Act, the most un-patriotic of acts, go unchallenged.”
Paul was joined by 10 of his colleagues, including Republican Senators Ted Cruz, Mike Lee, and Senator Ron Wyden and Joe Manchin, both of whom are Democrats.
Whether Paul’s latest marathon can be considered a filibuster is irrelevant. There was a method to his madness. Some, such as Reason’s Scott Shackford, have speculated that Paul and Wyden, both vigorous opponents of the Patriot Act, hope to include amendments to make the USA Freedom Act, which has already passed the House of Representatives, a stronger bill.
Paul did state that he plans to propose amendments to the bill, which is backed by Cruz and Lee, to ensure that the privacy of Americans is protected. But Wednesday’s speech may have served another purpose.
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Section 215 of the Patriot Act is set to expire at the end of May, the Senate may not have enough time on the clock to pass what is expected to be a very close vote for reauthorization. Rather than the nearly six year extension of the Patriot Act that Senate Majority Leader Mitch McConnell, the senior senator from Kentucky, may be forced to settle for a short-term reauthorization to avoid sunset of the controversial provision. Paul, who opposes the USA Freedom Act without stronger provisions, would prefer to run out the clock on the provision, letting it expire.
The situation is fluid because McConnell has floated keeping the Senate in session through the Memorial Day weekend to strong-arm reauthorization, but most observers have speculated that there are not the votes to bypass a filibuster, with many members of both parties expressing a desire for reform.
Whether Section 215 survives is fluid at the moment, but Paul’s speech has already had a huge impact. The Department of Justice issued a statement on the status of the NSA’s illegal surveillance program.
“After May 22, 2015,” the release said as reported by the Associated Press, “the National Security Agency will need to begin taking steps to wind down the bulk telephone metadata program in anticipation of a possible sunset in order to ensure that it does not engage in any unauthorized collection or use of the metadata.”
It may be too early to declare victory, but it’s certainly within reach.
For many, Monday is the last of a three-day holiday weekend. A mark of the beginning of summer, this weekend is likely to be filled with activities, cookouts, and even special retail sales.
Here in Indianapolis, this weekend is home to one of the biggest events in motorsports, the Indianapolis 500.
But the day off of work, the beginning of summer, the parades, and the hotdogs and hamburgers are not what Monday is about.
Memorial Day began three years after the Civil War as “Decoration Day” by a Union veterans organization, the Grand Army of the Republic (GAR), who wanted to adorn the graves of those killed in the war with flowers. They chose the date of May 30th, a day believed to allow every area of the country to have flowers in bloom.
The first large observance of Decoration Day occurred in 1868 at Arlington National Cemetery, across the Potomac River from the nation’s capitol.
The most important takeaway is that Memorial Day is a time to remember the soldiers killed in action. As libertarians, we see that moving away from Washington’s interventionist foreign policy will result in fewer fallen soldiers needing to be memorialized.
This holiday weekend, let’s focus on remembering those who paid the ultimate price in the name of our country, while also focusing on the peace and non-interventionism that will reduce the number of our fellow Americans that expire as a result of war.
This week, a friend of mine blocked and unfriended someone they’ve known for years after years of arguing over issues that do not directly affect either of them, but get them fired up. I understand wanting to rid one’s self of negativity and people who drive that stress level up, UP, UP!, but what is accomplished by walling yourself off from someone with whom you disagree?
When you post political, economic, and social commentary on Facebook, you invite your “circle,” and possibly strangers (if your posts are public), to comment, debate, and engage in that topic. For me, this is an OPPORTUNITY to share libertarian ideas and possibly persuade others to join us in the libertarian movement.
Have you ever changed your mind about an issue or stance you hold after a major Facebook argument that ends a friendship, even one solely on a social network?
My views have only been changed when presented with newly-available information or by better understanding a principle that I had not previously. None of those would be possible if we shut the door on someone who holds a different opinion.
As an administrator of Facebook pages in addition to a personal profile, I have had the opportunity to share content and engage with millions of people. In just the last seven days, our Facebook page reached 1.1 million users.
Would that be possible if we walled ourselves off from those who disagree on some tenets of libertarian philosophy?
We continue to grow and reach more people with the seeds of Liberty we plant with each post, comment, and share. We also provide fellow libertarians with quality content to share with their networks to begin conversations about libertarian philosophy.
In September 2003, nearly two years to the date after the September 11 terrorist attacks, the New Jersey-based post-hardcore band, Thursday, released its second record, War All of the Time. The title track of the record could serve as an anthem for a generation.
“War all of the time. In the shadow of the New York skyline, we grew up too fast, falling apart like the ashes of American flags,” Geoff Rickly sings in his nasally tone. “They burn on and on like an oil field or a memory of what it felt like. To burn on and on and not just fade away all those nights in the basement, the kids are still screaming on and on and on and on.”
The Millennial generation – young Americans born who became adults in or around 2000 – have now spent much of their lives with the United States at war, according to Martha Raddatz, an ABC News journalist who recently gave a commencement speech at Kenyon College.
“You have spent more than half your lives with this country at war. And yet the huge majority of you, and those your age, the huge majority of all people in this country have not been affected by these conflicts,” Raddatz told the graduates. “I can imagine all of you as 9- or 10-year-old children, huddled with your parents on 9/11, scared or just confused. Your parents surely thinking, as I did, that our lives would never be the same, your lives would never be the same.”
A young American born in 1980, for example, has lived 44.4 percent of their life while the United States was at war. The wars include only the first Gulf War and the War on Terror. The Washington Post didn’t count minor overseas interventions, such as the conflict in Kosovo.
“Anyone born after 1984 has likely seen America at war for at least half of his or her life,” Philip Bump wrote for the Washington Post. “And that’s a lot of Americans.”
If this isn’t concerning enough, that an entire generation has spent close to, if not most of their lives, with the United States at war, one should begin to wonder when the wars will end. Younger Americans, those born after the year 2000, have known nothing but their country at war. A 14-year-old has spent their entire life in this circumstance.
Just as important are the costs of war. Millennials may know war all too well, but it’s their children that will bear the costs. A recent estimate by the Watson Institute at Brown University concluded that the United States has spent and is committed to $4.4 trillion related to the War on Terrorism.
The question we should be asking ourselves is, when will it end?
I’m often asked what I find to be the most effective ways to share libertarian ideas.
My answer? Lead by example.
Don’t worry about word choice, which book to recommend, or how you will answer a tough question. Start by being a shining example of what a libertarian is.
When you live your life in a way that exemplifies your beliefs, your actions display to others what you believe. This means getting involved in your community, volunteering for charity activities, and networking. What does it say to you when someone constantly talks about gardening should be, but you never see their tomatoes or roses? Is your mind questioning those supposed skills? The same goes for libertarian ideas. If you talk ALL DAY LONG about the wonders of free markets, voluntary cooperation, and how private charity outperforms government welfare programs in every way, but if no one sees you “gardening,” how much weight do your words carry?
Finding activities like maintaining a notoriously littered part of your community, starting a neighborhood tool library, or keeping the lawn trimmed of an infirm, elderly neighbor, are ways to show how individuals can make a difference in the community. As you perform these tasks, you inspire others to join you or to also do something that will also benefit those around you without looking to the government to pay someone to pick up litter or to send scary notices to your neighbor when their grass exceeds the mandated height for the city or county. Additionally, you will become known for your efforts to improve the quality of life in your community, which opens the door for others to seek you out.
Now that your neighbors seek you out, you have an amazing opportunity. You will get to hear about their concerns and the issues that are important to them. The key to this activity is NOT to talk, but to LISTEN. The most important to be done is to hear what they have to say, letting them lead the conversation. This will help you to build rapport by finding common ground with which you begin to converse.
Because libertarianism is such a broad philosophy, you will likely find that you have similar concerns and desire the same outcomes, but the person to whom you are speaking may not be considering how libertarian principles and ideals could solve a problem. THIS is your opportunity to speak.
You listened, identified a problem, heard their desired outcome. Now, you can effectively offer a libertarian solution. Whether it is helping the homeless via shelters, soup kitchens, and health and employment services in the community or offering answers to the area’s poor education results by NOT relying on a government “solution,” you have credibility because you took it upon yourself to address a tangible issue that others noticed.
As you converse about the issue you both identified as an issue in need of a solution, keep the conversation in a friendly tone, using everyday language. The use of unnecessarily scholarly verbiage or political jargon and buzzwords may turn off your new friend. This is just a conversation between two people about everyday issues, not a debate. As tempting as it is, there is no “win” in making him or her feel like your intellectual inferior.
We libertarians are a diverse lot, and not everyone can bring new people around to the ideas and principles of libertarian philosophy, and that is OK.
By being a great example of libertarianism, you can be active and bring more people into the movement, but if you are uncomfortable with the whole “walk the walk” concept, please find another way you can help the libertarian movement. There are candidates, campaigns, and organizations who need your assistance in other ways. It may be that your lifestyle allows you to finance activities, your skills can bring a professional website to them, or your “best fit” is to be someone who can distribute hundreds of flyers that affect an electoral outcome. The key is to find and do what you do well.
A lower court deferred to the Obama administration, upholding the legal basis for the domestic surveillance program, but the three-judge appellant panel reversed the decision, setting the stage for the case to go before the Supreme Court.
“This case serves as an example of the increasing complexity of balancing the paramount interest in protecting the security of our nation – a job in which, as the President has stated, ‘actions are second‐guessed, success is unreported, and failure can be catastrophic,’ with the privacy interests of its citizens in a world where surveillance capabilities are vast and where it is difficult if not impossible to avoid exposing a wealth of information about oneself to those surveillance mechanisms,” wrote Judge Gerard Lynch for the panel. “Reconciling the clash of these values requires productive contribution from all three branches of government, each of which is uniquely suited to the task in its own way.”
“[W]e conclude that the district court erred in ruling that Section 215 authorizes the telephone metadata collection program,” he continued, “and instead hold that the telephone metadata program exceeds the scope of what Congress has authorized and therefore violates Section 215.”
As one might expect, the decision was hailed by privacy groups – including the American Civil Liberties Union, which filed the lawsuit to end the NSA’s domestic surveillance program. Hawkish Republicans were quick to condemn the decision, invoking the September 11 attacks and the rise of the Islamic State to promote fear in the minds of Americans.
During an appearance on CNN’s State of the Union, former House Intelligence Committee Chairman Mike Rogers (R-Mich.) complained “[t]he more we make this more difficult, the more likely we’re going to have [bad] event.”
Although Rogers is no longer roaming the halls of Congress as an elected official, others, such as Sens. John McCain (R-Ariz.) and Lindsey Graham (R-S.C.), are pushing for reauthorization of Section 215, using fear to advance their unconstitutional cause.
The House of Representatives will likely vote on the USA FREEDOM Act on Wednesday. This bill, according to Rep. Justin Amash (R-Mich.), is flawed because it actually authorizes the bulk collection of innocent Americans’ phone metadata.
Absent passage of worthwhile reforms, there could be enough votes in Congress to deny reauthorization of Section 215 before the provision expires, particularly in the Senate where there may be the votes to filibuster any extension. Still, that may not be enough. Some have speculated that the administration could continue the program without Section 215.
It’ll be interesting to see how it plays out, but no matter how it ends, we’ll find out soon who in Congress actually believes the rhetoric they espouse on the campaign trail and who is willing to cast aside privacy protections of the Constitution to give the federal government almost unlimited power to spy on Americans.