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Texas Could Soon ‘Nullify’ Federal Gun Control Measures

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

Texas Could Soon ‘Nullify’ Federal Gun Control Measures

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

This week, a Texas state representative took a step that could effectively nullify any past or future federal gun control measures.

According to the Tenth Amendment Center, Representative Matthew Krause, (R-Ft. Worth) prefiled House Bill 110, which would prohibit the state of Texas to offer any resources in support of several federal gun control measures, whether they have already become law or haven’t yet been discussed by Washington D.C. legislators.

Open_Carry_March_Erika_Rich_03_1_jpg_800x1000_q100Since the federal government often relies on state governments to ensure its laws are being enforced, states that withdrawal their participation end up leaving the federal government empty-handed. As a result, enforcement is eliminated in practice.

HB 110’s text makes it clear that any “agency of this state or a political subdivision of this state, and a law enforcement officer or other person employed by an agency of this state or a political subdivision of this state” is not allowed to provide any assistance to “a federal agency or official” upholding a rule or regulation that targets firearms, gun owners, firearm accessory, or firearm ammunition. If the regulation “does not exist under the laws” of the state of Texas, local agencies and officials would be barred from assisting the federal government with enforcement.

As we all know, the federal government is running out of resources and nullification efforts explore this reality, making it difficult for federal officials to get their will imposed on states.

By passing laws that ensure states refuse to participate in tyrannical policies embraced by the federal government, states send a clear message to Washington, D.C., letting federal bureaucrats know that local governments are, in a way, more powerful than a centralized administration will ever be.

But this is not the only benefit of seeing similar efforts being embraced nationwide. Taxpayers are also spared millions, since state agencies will not have to bend backwards to follow the federal government’s orders.

While many believe that a Republican White House won’t attempt to pursue any restrictive gun control regulations anytime soon, Texas doesn’t have any assault weapon law. Locals are also allowed to own firearms without registering their guns, purchase them without a permit, and able to purchase magazines without having to worry about capacity restrictions and they like it that way.

What the Village of Tyneham Can Teach Us About Eminent Domain Abuse

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

What the Village of Tyneham Can Teach Us About Eminent Domain Abuse

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

Great Britain’s compulsory purchase orders are the equivalent of America’s eminent domain laws. These powers give UK government bodies the ability to retain property even if the property owner is reluctant to give it away.

TynehamMuch like eminent domain laws in America, certain UK bodies are allowed to obtain these properties by claiming that the land should be used for “public betterment.” But whether or not government is allowed to exercise this power if compensation is provided shouldn’t be the crux of the matter because value is subjective.

Ludwig von Mises wrote in Human Action that value “is not intrinsic, it is not in things. It is within us; it is the way in which man reacts to the conditions of his environment.” So if a man finds value in his land, even if he is being compensated for leaving against his will, the action imposed by the governmental body forcing him out is, indeed, immoral. Because value, Mises adds, “is not what a man or groups of men say.” It’s how they act that counts. Even if you agree with the government’s rationale, taking a man’s land against his will is inhumane. After all, Mises adds in The Anti-Capitalist Mentality, “there is no yardstick to measure the aesthetic worth of a poem or of a building,” so who are we to judge what is or isn’t valuable to an individual?

But history is full of anecdotes that teach us that much and yet we ignore it. Allowing generation after generation to place bureaucrats in charge of telling us what our most sacred rights truly mean.

Take the story of a village formerly known as Tiham, but which is now referred to as Tyneham.

In 1943, Tyneham and the neighboring area residents were asked to leave. They were given 28 days to walk away from their homes so Allied forces could use the place as a post where they would train for the D-Day landings.

As villagers left with the belongings they could carry, villager Helen Taylor waited until the very end, posting a note on the door of the limestone church of St Mary that read “We shall return one day and thank you for treating the village kindly.”
As villagers left believing they would one day come back, government later proved them wrong. The 13th Century church endured, but folks like Taylor would never have the pleasure of holding mass there as a community again.

In 1948, the Army resorted to compulsory purchase order laws and put a hold on the village and its standing properties, claiming soldiers needed the place for military training. Up until this day, that’s what the village and its remains are used for. Now, littered with scrap and shells from decades of target shooting, only dead former members of the village are allowed to come back to be buried in the churchyard.

The image of a concerned villager asking soldiers to treat her home well may have vanished from English people’s memories, but the message remains the same. What right does a man have if not to do what he pleases with his own property? Stripping citizens from their belongings under the guise of fighting for peace may sound honorable, but in practice, all that is often left behind is garbage—and heartbreaking memories.

Don’t Be Fooled by the DOJ’s Proposed Legislation

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

Don’t Be Fooled by the DOJ’s Proposed Legislation

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

Two years ago, Microsoft refused to comply with a warrant concerning information hosted in Ireland, and the case was brought to court where justices ruled against the tech giant. Recently, however, the 2nd Circuit appeals court ruled in favor of Microsoft, claiming that the US government warrants do not apply to data stored outside of the country.

DOJDespite the ruling, the Department of Justice (DOJ) is now proposing a piece of legislation that would affect Mutual Legal Assistance Treaties (MLATs), allowing the US government to force companies like Microsoft to unlock a server abroad.

According to the proposed legislation documents, Assistant Attorney General Peter J. Kadzik claims that the ideas proposed by the DOJ would help the US government investigate foreigners suspected of being involved in terrorism, urging Vice President Joe Biden to consider having Congress look at the DOJ’s solution.

In a post crafted by a former DOJ lawyer, the proposed legislation would allow the US government to have access to communication from non-US citizens who are located in foreign countries. Pieces of communication subject to the proposed rules would only be available for what the DOJ calls “criminal investigations,” which legalists claim to be helpful, since this restriction could help prevent current MLATs from being used with the purpose of gathering intelligence. Despite the carefully crafted piece of legislation, concessions aren’t enough to cover up for the DOJ’s goals to expand the agency’s reach.

According to Tech Dirt, the DOJ is using this proposed legislation to target laws and statutes that the agency has been abusing for years. Is the DOJ trying to make its work easier?

Take the Wiretap Act for instance, a law that has been rendered toothless ever since the Drug Enforcement Administration (DEA) used a single state judge in California to build a massive wiretapping operation in the Los Angeles suburbs. If the DOJ’s proposed rules are considered and signed into law, remaining restrictions imposed by the Wiretap Act would be lifted for good, making incidents like the one that took place in California more common across the country.

But that’s not all, restrictions imposed by the Stored Communications Act, which was used by the DOJ in its fight against Microsoft, as well as the criminal Pen Register statute would also be lifted under the proposed rules, Tech Dirt reports.

If the DOJ is lucky and Congress goes along with its plan, the dubious wording in the proposed rules would give officials authority to carry searches related to the “prevention, detection, investigation, or prosecution of serious crime, including terrorism.” Targets of investigations would have to be in countries that have executive agreements with the United States.

According to Tech Dirt, the proposal may superficially seem to cater to privacy advocates, but “The self-written loopholes allow for plenty of ‘search first, ask permission later’ action.” If Tech Dit’s assessment is correct, the proposal rules’ dubious wording could further entrap US citizens, helping the authorities to destroy even more of our liberties in the name of security, while targeting foreign servers in the meantime.

Minimum Wage Laws Push Young Blacks Out of the Workforce

in Business and Economy, Economic Liberty, Liberator Online, News You Can Use by Advocates HQ Comments are off

Minimum Wage Laws Push Young Blacks Out of the Workforce

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

Unemployment is in the news again. But the media’s focus on the presidential elections seems to keep Americans from discussing the ongoing economic disaster we haven’t had the time to deal with since 2008. But as the Federal Reserve chairwoman shows signs of mild nervousness, more news outlets begin to pay attention. Still, few choose to dig deeper, and the great majority of the American electorate remains oblivious to the root causes of the problems they are dealing with now.

Walter E WilliamsIn order to help his fellow Americans understand the realities of government-management of economic policies, economist and professor Walter E. Williams wrote an article discussing the shift in unemployment rates and demographics over the past decades, helping us understand how bad the consequences of government interference are.

According to Williams, the unemployment rate of African American teenagers in 1948 was 9.4 percent while in 2016, the black teenage unemployment rate is about 30 percent. Still in 1948, the unemployment rate of white teens was higher, at 10.2 percent, while in 2016, it’s at 14 percent.

To the libertarian economist, what has caused this problem we have at hand is the elitist mentality.

In his article, Williams points out to comments made by another economist, David Howell, to illustrate the shifting mentality.

When talking about minimum wage laws and the reasons why we should embrace a higher minimum wage policy, Howell, who Williams calls a New School economist, says that we should not be worried about one of the most devastating consequences of raising the minimum wage: job losses. “Why shouldn’t we in fact accept job loss?” Asked Howell. But it was another scholar, Economic Policy Institute economist David Cooper, whose comments appeared to have truly triggered Williams.

“What’s so bad about getting rid of crappy jobs,” Cooper says, “forcing employers to upgrade, and having a serious program to compensate anyone who is in the slightest way harmed by that?” To Cooper, working fewer hours but making more money is all that matters, even if millions end up struggling to have access to entry level jobs due to the tough wage requirements.

To Williams, a “crappy job,” economically speaking, is a job. And being unemployed means being out of a job.

Whether Americans do not look fondly back to the 1940s and 1950s, Williams explains that, back when wage policies weren’t as interventionist, teens took jobs that would seem undesirable to the New School economists of today.

When Williams was a teen, he explained, he and his buddies would rise early during summers to board farm trucks headed to New Jersey. His jobs then varied a great deal. At times, Williams would pick blueberries, but sometimes he washed dishes and mopped floors, but he also worked unloading trucks at Campbell Soup.

Unfortunately for many teens living in poverty nowadays, the same jobs are either unavailable or not “good enough” for big city kids. Instead of allowing people to choose what job they are willing to take in order to make some kind of money, those who support interventionism in the economy prefer to see the poor unemployed and unskilled to see them fend for themselves.

If Williams is correct and current black leadership is all in favor of this view, things are only going to get worse.

How would the NC restroom law be handled in a libertarian society?

in Ask Dr. Ruwart, Business and Economy, Economic Liberty, Liberator Online, Property Rights by Mary Ruwart Comments are off

How would the NC restroom law be handled in a libertarian society?

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

Question:

Considering the recent flap regarding the restroom law passed in North Carolina (and being considered elsewhere), how would this be handled in a libertarian society?

restroom Answer:

In a libertarian society, most—if not all—bathrooms would be privately owned, since government would be very limited. Owners could decide who could use them and who could not.

If some business owners decided to discriminate on the basis of color, gender, or religion, their competitors would likely advertise their willingness to serve everyone, gaining the loyalty of the groups discriminated against. Profits would go up for those who were willing to serve all, while they’d go down for those who discriminated. Business owners would have to choose between their pocketbooks and their prejudices. Historically, most choose their pocketbook.

Indeed, segregation became law in the post-Civil War south precisely because businesses were serving the ex-slaves to an extent that caused resentment. Business owners who wanted to discriminate didn’t like losing their profits to their more open-minded competition. They, along with whites who wanted separate facilities, lobbied government to force businesses to segregate their facilities.

A government strong enough to ban discrimination is powerful enough to implement it as well. Those who wish to discriminate and those who don’t will lobby against each other for control. When private service providers decide who can and can’t use their facilities, people vote with their dollars to support the businesses that express their own viewpoint. No lobbying is necessary!

VA Property Owners Win Eminent Domain, Freedom of Speech Cases

in Liberator Online, News You Can Use, Property Rights by Alice Salles Comments are off

VA Property Owners Win Eminent Domain, Freedom of Speech Cases

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

fight between a Virginia public university and a private radio station has ignited an impromptu debate on eminent domain abuse. And while eminent domain laws and their consequences are seldom discussed by the mainstream media, people start to pay attention when both private property and freedom of speech are threatened.

Recently, a Virginia court sided with property owners who had been threatened with eminent domain laws in Norfolk, VA.

Eminent Domain

A local radio station known as Central Radio Company was targeted by the city in what appears to be an effort to expand Old Dominion (ODU), a public university. But the radio station wasn’t the only business on the hit list. A privately-owned apartment building was also under threat.

It all started in 1998, when the Norfolk City Council approved the Hampton Boulevard Redevelopment Project, which gave ODU the legal means to expand eastward. Up until when the plan was approved, the area was a mix of commercial and industrial properties, but it also counted with a few privately owned student apartments. But since the land wasn’t being used for educational purposes only, ODU pushed local housing authorities to resort to eminent domain laws.

At the time, Virginia’s law allowed authorities to take properties away from its rightful owners for economic development purposes as long as most targeted properties had been deemed condemned due to decay. Since then, local housing authorities acquired more than 160 properties, which were all turned over to the university’s real estate foundation. The spot is now home to ODU’s Ted Constant Convocation Center, a research park, and a cluster of apartment buildings and businesses for students.

But as the university moved to push Central Radio Company and two other companies out of their land, they fought back.

In 2011, PKO Ventures, the owner of apartment buildings under threat, Central Radio, and Norva Plastics took the battle against the university to a Circuit Court, but the effort was unsuccessful.

In June, PKO appealed the decision to the state Supreme Court. The company argued that recent changes to the state eminent domain law prohibited ODU from pushing property owners out of the area.

In 2007, the General Assembly adopted changes to the state law that limited the authority’s use of eminent domain. After the changes, local authorities were prohibited from taking land for economic development.

But the changes also affected how authorities were expected to target properties that had been condemned for blight, making the condemnation of entire areas illegal. Only specific properties were allowed to be taken, and only if they had been deemed condemned over decay. While the changes were adopted in July of 2007, the assembly added a provision that allowed agencies in the middle of projects to continue to acquire land. The provision had an expiration date: July 2010.

While the housing authority argued that resorting to eminent domain against PKO and others was legal because proceedings started prior to the deadline, landowners claimed their plots hadn’t been formally acquired until later.

As this legal fight continued, another one had just started to brew.

Central Radio had had a large sign placed on the side of its building promoting its opposition to eminent domain abuse. In light of the ongoing legal battle, the city eventually decided to go after Central Radio by claiming that the company was in violation of city advertising statuses.

A second lawsuit was filed by the radio company, arguing that the city’s claims hoped to undermine the company’s First Amendment rights. The 4th Circuit Appeals Court first sided with the city, but once Central Radio petitioned the case to the Supreme Court, the 4th Circuit Appeals Court was forced to take the case back.

Before booting the case back to the appeals court, the Supreme Court ordered it to take Reed v. Town of Gilbert into account. The Supreme Court had recently ruled in favor of the private party in the case, reaffirming that government entities have no right to impose content-based restrictions on speech.

The appeals court finally sided with Norfolk’s Central Radio.

With both of these decisions, the region’s property owners have finally won their long battle against eminent domain abuse in the region, while also fighting for freedom of speech.

 

Chicago Police ‘Intentionally Destroying’ Police Car Dashcams, Microphones

in Criminal Justice, First Amendment, Liberator Online, News You Can Use, Personal Liberty by Alice Salles Comments are off

Chicago Police ‘Intentionally Destroying’ Police Car Dashcams, Microphones

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

Chicago is notorious for gun-related violence. With some of the toughest anti-gun rights on its books, the city struggles to keep its residents safe. With pro gun control advocates making the case that the town’s gun-related violence is due to the fact most people purchase their guns illegally, it’s hard not to see how enacting more restrictive laws won’t make a difference.

But gun violence alone is not the only issue in Chicago.

Chicago

According to Washington Post’s Radley Balko, corruption among Chicago Police Department officers continues to expose countless of innocent residents to unconstitutional abuses.

DNA Info Chicago reviewed over 1,800 police maintenance logs of the city’s many police cars to learn why 80 percent of the footage captured by squad car dashboard cameras in the city is often silent.

Last month, Chicago officials blamed the absence of audio on two factors, error and “intentional destruction.” With the help of the maintenance records, researchers found that, in many cases, officers pulled out batteries of their microphones, stashed full microphones in their glove boxes, and even destroyed microphone antennas. Microphones have also disappeared in several occasions.

But the research team also wanted to discover why footage of a particular 2014 incident involving a Chicago officer and a teenager did not contain any audio. What DNA Info learned is nothing short of horrifying.

On October 20, 2014, 17-year-old Laquan McDonald was killed by officer Jason Van Dyke. The encounter’s footage was widely shared online. But while the video went viral, none of the patrol cars’ cameras present at the scene were able to capture any audio.

The dashcam attached to the patrol car used by Van Dyke had been sent to repair at least twice prior to the killing. According to DNA Info, police technicians reported on June 17, 2014 that a dashcam wiring issue had been fixed three months after the camera had been brought in for repair. But just one day later, the same dashcam was sent back to technicians.

According to the records obtained by DNA Info, technicians claimed that the issues presented the second time were due to “intentional damage.”

Twelve days after the camera came back from the technician’s desk, McDonald was killed.

Van Dyke’s patrol car camera did not register any audio of the incident. The video that went viral was recorded by another patrol car.

As the nation debates criminal justice reform, incidents like the one involving McDonald and officer Van Dyke should be part of the discussion.

Overcriminalization is a real issue. To Tim Lynch, the director of the Cato Institute’s Project on Criminal Justice, “too many officer-involved shootings receive little scrutiny.” Setting emotions aside and bringing these issues to light may give the public a better idea of what the solution is. But simply standing idly by as law enforcement, state officials, and lawmakers push for more laws, more restrictions, and more penalties won’t do.

Regulations Inhibit Growth, Time to Take The Negative Consequences Seriously

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

Regulations Inhibit Growth, Time to Take The Negative Consequences Seriously

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

Regulations are good, some say. They keep evil elements from hurting consumers. But are regulations doing more harm than good?

By definition, regulations are laws that seek to produce pre-designed outcomes. The way they operate is by changing individuals’ behavior. As federal regulations grow, the number of restrictions on individual consumers and businesses also grow. Over time, the increased number of restrictions may completely close the paths to innovation. Who suffers? Both the consumer and the job seeker.

Regulations

According to a 2013 study, the American regulatory system is so crowded and chaotic that economic growth has slowed by about 2 percent per year between 1949 and 2005. While that doesn’t sound as bad as you might have expected, the real impact of the US regulatory system is hard to assess given the lack of a working process that helps to review regulations and weed out what’s obsolete and harmful. Without a system that helps us identify the issues with the regulations put in place, there’s no way to determine how bad these regulations really are.

While it’s hard to assess the cost of regulation now, earlier studies have at least been able to find that the American regulatory environment has been very bad for growth and very good in stifling innovation and keeping entrepreneurs from sprouting from sea to shining sea.

Despite several administrations’ efforts to modify or cut regulations that simply don’t work, all attempts were in vain.

In order to achieve success, future administrations should not take part in the same failed attempts. According to research carried out by the Mercatus Center, the US government should embrace a series of government reforms in order to remove obstacles to economic growth in America instead.

Based on the success of the Dutch Administrative Burden Reduction Programme and the Base Realignment and Closure Commission’s efforts, the Mercatus team concluded that the American government should begin by promoting an independent review of the regulatory system in place so the burden is assessed promptly and effectively.

But the key to success in this case is true independence.

An independent look into what’s stifling innovation must not be effected by crony influences, since once the influence of particular groups or stakeholders are taken into account, review teams will have a hard time assessing what works and doesn’t. Instead, those tasked with the chore of reviewing regulations should simply focus on how effective regulations have been since they were implemented.

While other steps should also be taken if the US government is serious about trimming the burden of regulations, guaranteed independence in the review process is the most important aspect of successful reforms. If future administrations are serious about growing the economy and helping America prosper, they should prioritize this type of reform. Why? Because removing roadblocks promote the growth of businesses, giving Americans the jobs they so desperately need to live their own version of the American dream.

Burger King: “Bye” to U.S. High Taxes

in Liberator Online by James W. Harris Comments are off

Burger King(From the Intellectual Ammunition section in Volume 19, No. 14 of the Liberator Online. Subscribe here!)

This popular meme floating around the web pretty much says it all:

Statists: If you don’t like the laws, then leave!

Burger King: K, bye.

Statists: OMG NO, YOU CAN’T DO THAT, YOU UN-AMERICAN, TRAITOR, GREEDY PEOPLE! WE WANT TO STEAL MORE FROM YOU!

Read the next article from this issue here.

Go back to the full issue here.

Marijuana Shockers Propel New Re-Legalization Effort

in Communicating Liberty, Liberator Online by James W. Harris Comments are off

(From the Intellectual Ammunition section in Volume 19, No. 11 of the Liberator Online. Subscribe here!)

“The Uncovery” is a new online program by the American Civil Liberties Union designed to facilitate mass online activism in support of marijuana re-legalization.

The UncoveryThe Uncovery website lets users select facts about the failures of marijuana prohibition, both national and state by state, and convert these facts into customized graphic messages they can share on social media and send to legislators — all in sixty seconds or less.

Among the sobering facts offered by The Uncovery:

  • Police in the U.S. make a marijuana arrest every 37 seconds.
  • Police made over 8 million marijuana arrests total nationwide between 2001 and 2010.
  • 88% of all marijuana arrests are for marijuana possession.
  • States spent an estimated $496 million incarcerating people for marijuana possession in 2010.
  • States spent an estimated $1.4 billion adjudicating marijuana possession cases in 2010.
  • States spent an estimated $3.6 billion enforcing marijuana laws in 2010.
  • States spent over $1.7 billion on police enforcement of marijuana laws in 2010.
  • In 2010, police made 889,133 marijuana arrests — 300,000 more arrests than they made for all violent crimes.
  • Between 2002 and 2011, the government spent billions enforcing marijuana laws. In that time, marijuana use increased from 6.2% to 7%.
  • 9 out of 10 U.S. adults believe people who possess or use small amounts of marijuana should not face jail time.
  • 52% of Americans support legalizing marijuana.
  • Since legalizing marijuana in 2012, Washington State projects it will raise more than $500 million in marijuana-related revenues annually.
  • More than 42% of all Americans report having tried marijuana in their lifetime.
  • The world’s largest jailer, the U.S. has only 5% of the world’s population, but 25% of the world’s prison population.
  • Black people and white people use marijuana at similar rates, but Blacks are 3.73 times more likely to be arrested for marijuana possession.
  • In New York and Texas in 2010, 97% of all marijuana arrests were for possession.
  • 62% of all marijuana arrests in 2010 were of people 24 years old or younger.
  • Between 1995 and 2010, police increased the number of marijuana arrests they made nationwide by 51%.
  • 52% of all drug arrests in 2010 were for marijuana.
  • If current trends continue, the government will spend almost $20 billion enforcing marijuana laws in the next five years.

Learn more at TheUncovery.org