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Idaho Legislators Defy the FDA, Houses Passes Right to Try Legislation

in Drugs, Issues, Liberator Online, News You Can Use by Alice Salles Comments are off

Idaho Legislators Defy the FDA, Houses Passes Right to Try Legislation

This article was featured in our weekly newsletter, the Liberator Online. To receive it in your inbox, sign up here.

The US Food and Drug Administration and its very foundation have been on the receiving end of heavy criticism for quite some time, and yet the agency’s power appears to never be brought into question in a significant way.

IdahoFrustration, however, is often the best incentive. With that in mind, a group of Idaho lawmakers decided to join several other states by defying the FDA’s powers by proposing a piece of legislation that would practically nullify some of the agency’s rules prohibiting terminally ill patients from having access to experimental treatments. The bill would allow Idaho residents to have access to these experimental treatments, regardless of what the FDA has to say on the matter.

According to the Tenth Amendment Center, the House of Delegates Health and Welfare Committee introduced House Bill 481 on February 12. On February 29, the bill passed the House by an overwhelming margin.

Access to experimental drugs and treatments is restricted under the Federal Food, Drug, and Cosmetic Act. While the law keeps the general public from having access to experimental drugs and treatments, a provision known as 21 U.S.C. 360bbb gives patients with serious or life-threatening diseases access to experimental drugs that have been approved by the FDA. Drugs that haven’t been approved by the agency, however, remain out of reach.

If HB 481 passes, the FDA’s rules would not apply to Idaho residents seeking access to experimental drugs. Instead, state laws would protect manufacturers and physicians involved in aiding the terminally ill. By protecting all parties involved from liabilities for their participation, the state may effectively nullify the FDA’s rules locally.

The bill states that eligible patients may “request, and a manufacturer may make available to an eligible patient under the supervision of the patient’s treating physician, the manufacturer’s investigational drug … which shall be clearly labeled as investigational; provided however, that this chapter does not require that a manufacturer make available an investigational drug to … an eligible patient.” With this piece of legislation in place, health care providers that agree to participate, whether by administering the treatment or by giving the patient the resources necessary to carry on with the experimental treatment, will be protected from possible legal actions. By protecting providers and physicians from sanctions, license troubles, or lawsuits, the state of Idaho joins other 24 states that have passed the “Right to Try” legislation in their states.

To the Tenth Amendment Center, this rapid evolution indicates that Americans of all walks of life are coming together to put an end to rules that put individuals in danger and that undermine their liberties.

HB 481 should move to the Idaho Senate for further consideration before the piece of legislation heads to the desk of Governor Butch Otter.

With New Nullification Effort, Mississippi Challenges Federal Gun Control Measures

in Gun Rights, Liberator Online, News You Can Use, Personal Liberty by Alice Salles Comments are off

With New Nullification Effort, Mississippi Challenges Federal Gun Control Measures

This article was featured in our weekly newsletter, the Liberator Online. To receive it in your inbox, sign up here.

Last week, the Mississippi legislature took an important step against federal efforts targeting gun owners and their property.

According to the Tenth Amendment Center, the House Judiciary B committee passed House Bill 782. If this piece of legislation passes the full House, the Senate, and Governor Phil Bryant signs it into law, future executive orders or federal rules pertaining to gun control will be blocked by the state.

Mississippi

HB 782, which was introduced by Rep Mark Formby (R-Picayune), counts with 13 cosponsors. The bill prohibits state agencies, employees, and political subdivisions from participating in the enforcement of a new federal rule or executive order relating to personal firearms, accessories, or even ammunition if the federal rule in question goes against Section 12, Article 3 of the Mississippi Constitution of 1890. The state constitution reads, in part, that “The right of every citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power when thereto legally summoned, shall not be called in question, but the legislature may regulate or forbid carrying concealed weapons.”

With HB 782, legislators hope to bar the use of state assets, funds, or personnel for the enforcement of any rule that would otherwise encroach on the rights of Mississippi residents to self-defense.

According to Elaine Vechorik, the Vice-President of Mississippi for Liberty, this bill is important because the “federal government is out of control, and the states have duty to reestablish the rule of law.”

In a study on the right to keep and bear arms in state constitutions carried out by Dave Kopel, the constitutional scholar stated that restrictions on concealed carry permits “underscored that ‘the right to keep and bear arms’ includes the right to carry non-concealed firearms for personal protection.”

According to Mississippi law, residents do not have to obtain a license to own firearms. Locals are allowed to carry rifles and shotguns without a permit. But handgun owners must have a permit to conceal carry. With the Castle Doctrine enshrined in state legislation, residents are free to carry a weapon confidentially in public.

With the gun ownership rights of Mississippi residents in mind, legislators want to make sure that any executive order or new federal rule that goes against the state’s constitution will be effectively blocked locally.

The federal Bureau of Alcohol, Tobacco, and Firearms’ M855 ammo ban is an example of a federal order that could be barred from being enacted in the state of Mississippi if HB 782 is signed into law.

For the law to be effective, the Tenth Amendment Center argues, further action may be required. For the legislature to determine whether a future federal action goes against the state constitution, a mechanism will have to be created and added to the state law or amended to the Mississippi constitution.

In Federalist #46, James Madison wrote that a “refusal to cooperate with officers of the Union” is a practical step states may take in order to bring down federal measures that hope to restrict the liberties of the individual. Since federal officials rely on the sources and aid of states to have their rules enforced, refusal to cooperate makes these rules “nearly impossible” to enforce.

HB 782 should be considered by the full House before the Senate has a chance to look at the bill.

Mississippi residents are being asked to contact their legislators to urge them to stand in support of this bill.

In Wisconsin, Homemade Cookies are the Victims of Big Government

in Economic Liberty, Liberator Online, News You Can Use by Alice Salles Comments are off

In Wisconsin, Homemade Cookies are the Victims of Big Government

This article was featured in our weekly newsletter, the Liberator Online. To receive it in your inbox, sign up here.

Things are hard out there for folks trying to make ends meat.

According to Watchdog.org, Wisconsin residents can go to jail and face steep fines if they dare to sell homemade baked goods without an OK from the government.

Under Wisconsin law, entrepreneurs selling homemade baked goods who prepare their products in home kitchens are not allowed to make a profit. After all, how will the state assure the quality of the those delicious cookies baked by grandma if she’s not following state regulations?

Cookies

According to Institute for Justice’s attorney Erica Smith, entrepreneurs in Wisconsin could face a $1,000 fine or go to jail for up to six months even if they “sell one cookie at a farmers market, to your neighbor, [or] somewhere in your community.” This practice, the attorney told Watchdog, “[is] not only unfair, it’s unconstitutional.”

In order to remedy this problem locally, three Wisconsin farmers filed a lawsuit against the state Department of Agriculture, Trade, and Consumer Protection with the help of IJ’s Smith. The suit hopes to put an end to the ban on homemade baked goods.

But before there was a lawsuit, a piece of legislation introduced two years ago could have made small changes to the baked goods law. Unfortunately, the bill stalled in the Assembly after passing in the Senate. According to Smith, Assembly Speaker Robin Vos (R-Rochester) is the reason why the “cookie bill” won’t hit the House floor.

“That could very well be because he owns his own commercial food business,” known as Rojos Popcorn, Smith told Watchdog.

According to the bill, current law would be modified to allow up to $7,500 in annual homemade baked goods sale. While the proposed legislation isn’t perfect, it could have helped countless Wisconsin residents to earn some extra cash on the side.

According to Dave Schmdt, the executive director of the Wisconsin Bakers Association, the commercial food industry in the state is not happy with the proposed ban lift. “If several people in a certain market or particular community are doing that, they’re eating away at a local baker that’s been there for 100 years and taking away his livelihood,” Schmidt told Wisconsin Public Radio. To Schmidt, that’s simply not fair.

But home bakers also believe that the treatment they get from their own state government isn’t fair either.

To Lisa Kivirist, one of the plaintiffs fighting for her right to bake and sell her homemade goods, the “state’s home-baked-good ban hurts farmers, homemakers and others who just want to help support their family by selling simple goods from their home oven.”

Instead of keeping consumers happy and allowing local economies to gain from the competition, the ban also “prevents customers from buying the fresh and local foods of their choice,” Kivirist stated during a press event at the Capitol.

Current law keeps bakers from selling products that aren’t produced in commercial kitchens. To small outfits, the cost of setting up a commercial kitchen is simply too high. The only exemptions currently in place protect nonprofit groups such as churches or charity organizations. These groups are currently allowed to sell homemade goods, but there’s a catch: they may not put their products up for sale more often than 12 times a year.

Prepare to Meet the New Republican Leaders; Same as the Old Republican Leaders

in Conservatism, Elections and Politics, News You Can Use by Jackson Jones Comments are off

This article was featured in our weekly newsletter, the Liberator Online. To receive it in your inbox, sign up here.

In an unexpected move, House Speaker John Boehner, R-Ohio, announced on Friday that he would resign his post and leave Congress at the end of October. His resignation came at a time when conservative members of the lower chamber were waging an internal battle to strip funding for Planned Parenthood, a women’s healthcare provider that performs abortions, which could’ve resulted in a government shutdown.

Boehner has long been a target of conservatives in the Republican Party who feel that he is disconnected from or doesn’t care about the concerns of the base. In January, at the start of the new Congress, 25 Republicans cast protest votes against Boehner, nearly throwing the election of the Speaker into a second round of voting.

“My mission every day is to fight for a smaller, less costly, and more accountable government. Over the last five years, our majority has advanced conservative reforms that will help our children and their children. I am proud of what we have accomplished,” Boehner said on Friday. “The first job of any Speaker is to protect this institution that we all love. It was my plan to only serve as Speaker until the end of last year, but I stayed on to provide continuity to the Republican Conference and the House.”

“It is my view, however, that prolonged leadership turmoil would do irreparable damage to the institution. To that end, I will resign the Speakership and my seat in Congress on October 30,” he added.

Jockeying for position in the House Republican Conference began before Boehner resigned. Rep. Mark Meadows, R-N.C., had introduced a resolution to vacate the Office of the Speaker before the August recess. Although the resolution wasn’t expected to get even a hearing, a motion from the floor could’ve been raised at any time and a vote would’ve been required. It was unclear if Boehner would’ve survived without Democratic support.

House Majority Leader Kevin McCarthy, R-Calif., was thought to be Boehner’s heir apparent before the resignation, and not much has changed. Rep. Daniel Webster, R-Fla., the former Speaker of the Florida House, has announced that he’ll run as a conservative alternative, but no one believes he’ll mount a serious challenge.

The real race will be to replace McCarthy as Majority Leader. House Majority Whip Steve Scalise, R-La., announced his bid for the top partisan post, as has House Budget Committee Chairman Tom Price, R-Ga. Both are typically viewed as more conservative members of the House Republican Conference, but Price is likely to attract the most support from that wing of the party.

Still, don’t expect much to change with the new leadership team. Unless there is a serious about face on spending, civil liberties, and other big government policies that contradict the Republican Party’s supposedly limited government platform, the new House leadership will be the same as the old: Stale and weak.

Libertarian Parenting

in Conversations With My Boys, Liberator Online, Libertarianism, Marriage and Family by The Libertarian Homeschooler Comments are off

Libertarian Parenting

This article was featured in our weekly newsletter, the Liberator Online. To receive it in your inbox, sign up here.

Me: What are the rules of the house?
BA (10): Do not encroach on the person or property of another. Do all you have agreed to do. [We took those rules directly from Richard Maybury.]11988564_10104815737879530_1104378496462959819_n
Me: Who has to obey the rules?
BA: Everyone in the house?
Me: Me and Dad?
BA: Yes.
Me: What if you don’t want to obey those rules?
BA: You can ask if you can change the rules.
Me: Who would you ask?
BA: It depends on who is in a good mood.
Me: Young Statesman, what are your thoughts? What if you don’t want to obey the rules? Do you only lose the constraint?
YS: You lose the protection that the rules provide you.
Me: What does that make you?
YS: An outlaw. Fair game.
Me: So, BA, what would you think if we said, “Great. You don’t want the constraints or the protection of the rules, there are more of us, we’re going to take your stuff!”
BA: I’d be like, “That was a bad choice. I take that back.”
Me: So you think those are good rules.
BA: Yeah.
Me: Are they rules you’ll take with you into adulthood?
BA: I think so.
Me: What if you met someone who didn’t obey those rules?
BA: I would be quite upset.
Me: What would you call that person?
BA: A thief.
Me: Are you free to leave the family?
YS: Yes. I’m not going to.
Me: So you’re here voluntarily?
YS: Yep.
Me: How can that be? What recourse do you have? Isn’t it dangerous just to leave?
YS: You would help me find a good home that suited me better.
Me: That’s true. That’s a big part of being a member of this family. You are free to go. Your father and I both agree on that point. He is free to leave, I am free to leave, you are free to leave, your brother is free to leave. How do you think it impacts our parenting to know that we have agreed that you can walk away–right now–and not look back?
YS: It makes you think about your actions and consequences.
Me: Does that make us perfect parents?
YS: No.
Me: Why don’t you leave?
YS: Because I love you all and you are my family.
Me: What if we were oppressive?
YS: You aren’t so how would I know what I would do?
Me: So if we were prone to being oppressive we wouldn’t give you the option to walk away.
YS: Right. If you’re going to be oppressive you aren’t going to give the kid the option to safely walk away.
Me: But you’re given the right to walk away when you’re eighteen, right? Earlier if you become an emancipated minor. So eventually everyone has the right to rid themselves of relationships they find abusive or broken. We’ve just given it to you earlier. Why would we do that?
YS: Because you want to be respectful of me.
Me: It also keeps us honest. Knowing that you can leave us. It levels the field. What if I couldn’t leave my marriage to your father?
YS: That would make you a slave and he could do anything.
Me: Would that be healthy?
YS: No. You couldn’t do anything. You would have no power.
Me: There has to be balance. We decided early on that our relationships had to be balanced. You had to have the right to leave. Your father and I agreed to that with one another. That’s our agreement. If one of us refuses to make leaving the family a safe option for a child, the other is the fail safe. They will guarantee your safe departure and survival until you are old enough to make it on your own. Are there other adults who would assist you if your dad and I suddenly lost it?
YS: Yes.
Me: Miss Katy, Miss Alison, Miss Karen, Mr. Jamie, The Whites, Scott. Would they help you?
YS: Yes, they would. But I’m not leaving.

We have this conversation about every six months. Just so he knows his father and I remain bound by this rule. We check in. They know the rules of our union as a family and they know that removing themselves safely is an option guaranteed to them as members of this family. Particularly as they become young adults with all that adulthood brings with it, I think having the option to walk away is fundamental.

This Libertarian-Leaning Maine Republican is Someone We Can Learn From

in Gun Rights, Liberator Online, News You Can Use, Personal Liberty by Jackson Jones Comments are off

This Libertarian-Leaning Maine Republican is Someone We Can Learn From

This article was featured in our weekly newsletter, the Liberator Online. To receive it in your inbox, sign up here.

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.

The Portland Press Herald profiled Brakey this week, noting that he’s already sponsored 28 bills, including a “constitutional carry” bill that passed the state Senate with bipartisan at the end of May. The bill cleared the state House last week, though with changes that need to be approved by the upper chamber before heading to the desk of Gov. Paul LePage, a Republican.

Brakey

“It’s great that we have finally gotten to a place where people understand the importance of this protection and are comfortable enough to let our Maine citizens exercise the same freedoms that the state of Vermont allows their citizens to exercise,” Brakey told the Bangor Daily News after the state House vote. Although it’s a progressive bastion, Vermont is known for its strong support of the Second Amendment.

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.

In addition to his strong support of the Second Amendment, Brakey has sponsored legislation supporting privacy rights by targeting the National Security Agency’s water supply. He’s also a supportive of medical marijuana, introducing legislation to allow patients to access their prescriptions at Maine hospitals.

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.

Classic “Bad Attitude” Anti-Tax Verse — and Hope for Ending the Income Tax

in Communicating Liberty, Liberator Online, One Minute Liberty Tip by Sharon Harris Comments are off

(From the President’s Corner section in Volume 20, No. 14 of the Liberator Online. Subscribe here!)

April 15, Tax Day, is nearly here.

It’s a grim subject — so how about some comic relief? And some inspiration, some hope, for change?

First, the comic relief.

I’ve had a lot of fun over the years with the following two classic anti-tax poems. The authors are unknown, but some versions seem to date from at least the 1930s.

It’s a good reminder that a lot of Americans have always had a “bad attitude” about taxes. (Just ask King George!)

Income TaxI hope they’ll give you a good laugh — and I hope you’ll keep working with the Advocates and other libertarians to create a movement that will make income taxes as much a thing of the past as slavery, alcohol Prohibition, and the Divine Right of Kings!

Don’t forget: following the poems, some inspiration and hope for change.

* * *

The Tax Collector’s Creed

Now he’s a common, common man
So tax him, tax him, all you can.
Tax his house, Tax his bed;
Tax the bald spot on his head.
Tax his drink, Tax his meat,
Tax the shoes right off his feet.
Tax his cow, Tax his goat;
Tax his pants, Tax his coat;
Tax his crop, Tax his work;
Tax his ties, Tax his shirt;
Tax his chew, Tax his smoke,
Teach him taxing is no joke.
Tax his tractor, Tax his mule;
Tell him: “Taxing is the rule!”
Tax his oil, Tax his gas,
Tax his notes, Tax his cash.
Tax him good and let him know
That after taxes, he has no dough.
If he hollers, Tax him more;
Tax him till he’s good and sore.
Tax his coffin, Tax his grave,
Tax the sod in which he’s laid.
Put these words upon his tomb,
“Taxes drove him to his doom.”
Even when he’s gone, we won’t relax —
We’ll still collect inheritance tax.

* * *

The Taxpayer’s Lament

Sit down my friends and just relax,
It’s time to pay your income tax.
For whether we are great or small,
They tax us one, they tax us all.
They tax the hobo and the queen,
They tax the bull and tax his ring.
They tax the gas that runs your car
And even tax the big cigar.
They tax your whiskey and home brew,
They tax the Bible and your pew.
They tax the wristwatch on your arm
And tax the rat trap on your farm.
They tax the baby in his crib, and
Tax his shirt and tax his bib.
They tax the crib that he sleeps in,
And don’t consider that a sin.
Then they go from bad to worse
And tax the doctor and tax the nurse.
They tax the dentist and his drill
And he just adds it to your bill.
Whenever you leave this world behind
They will be there to steal you blind.
Before you reach the Golden Gate
They’ll slap a tax on your estate.
They tax the hearse on your last ride,
And shed some tears because you died.
The reason for their deep distress?
You left them with no address.

* * *

Love ‘em!

And now the inspiration. Last year I wrote an article entitled “Making the Case for Ending the Income Tax.”

It suggests 11 ways to persuade others that abolishing the hated income tax — and replacing it with nothing — is not only extremely desirable, it is realistic and politically possible.

Check it out and consider using some (or all) of them. Recently we’ve seen once-radical libertarian ideas — for example, re-legalization of marijuana, marriage choice, and a non-interventionist foreign policy — leap into the mainstream. Let’s put ending the income tax —  and replacing it with… nothing — on that list!