Monday, October 10, 2005

Commentary on News week of 1 OCT 05

Libertarian Commentary on the News 3-7 OCT 2005 as normally published in ThePriceofLiberty.org. With Mama Liberty in the middle of moving, this will be the location! (For my comments and response on "Smartest and Dumbest States" go down to the next posting!)

Our fourth week as a weekly newsletter and commentary. The views expressed herein are those of the author and don’t necessarily reflect anyone else’s opinion, whether affiliated with one of the news sources, the news digests, The Price of Liberty, the Libertarian Party or its affiliates. My purpose is to reflect a libertarian and christian point of view in all these matters, and to encourage you to think, plan, and react to the key events which are taking place in our world and nation today. If I step on your toes, it is because they are in the way!

This week, we’ll concentrate on some overseas matters, our right to defend ourselves, and follow-up to Katrina and Rita. Overall, the major news story this week has been the nomination of a White House aide to President Bush to replace Mrs. Justice O’Connor – and the firestorm of betrayal being produced by the conservatives who still thought that President Bush would do something to redeem his “conservative” credentials. None of us knew much about Miss Meirs last weekend, and we don’t know much more today: she may be more conservative than Janice Rogers Brown and Clarence Thomas and Barry Goldwater all combined, but somehow, I doubt it: the hope of the Supreme Court changing for the next two decades is probably gone.


Our Right to Defend Ourselves

Virginia: Judge rules defendant acted in self-defense
http://tinyurl.com/dj2nl
Richmond Times Dispatch
"A charge of murder against Donald Arman Terrien, who shot and killed Richard Jason Gooding on Aug. 14, was thrown out of court Thursday when the judge ruled Terrien acted in self-defense. Gooding, 31, was the ex-boyfriend of Terrien's girlfriend, Bess McAteer, 24. McAteer testified in Henrico County General District Court Thursday that she started to leave Terrien's house about 9 p.m. that Sunday evening. She had walked to her car parked in the street when Gooding drove up and confronted her, yelling. ... Terrien came out the front door with his pistol in hand, held at his side, and called out to her, asking what was going on. He stepped down to the bottom of the steps from the small porch. She said she remembers Gooding saying: 'A gun? You've got to be kidding me,' and that he would 'kick his ass,' referring to Terrien. She said she called to Terrien to go back inside and call 911. She said Gooding ran to the house's front steps and attacked Terrien, who had turned to go inside, from behind. The exact sequence of events was not clear from testimony, but during the struggle with Gooding, Terrien fired two shots from his Sig Sauer 9 mm handgun. The first was into the air, holding the gun at arm's length, McAteer said. The second shot was the one that killed Gooding. It was fired 'dead center in his chest.'" (10/01/05)
A domestic dispute turned bad, but apparently a clear case of self-defense. There may have been enough questions to justify it taking 6 weeks to resolve this, but that is still a bad idea.

Airport hassles spur rise of private flights
http://tinyurl.com/8tc5o
Boston Globe
"Lionel Andre recently found a new way to deal with the hassle of big airports and big airlines, namely, avoid them altogether. Andre, 30, a business analyst with Siebel Systems Inc., lives in South Boston, barely 3 miles from Logan International Airport, but since June he's been heading almost every week to Hanscom Field in Bedford to fly to New Jersey. Andre takes Linear Air LLC, a new private-plane service that flies four days a week to Teterboro, N.J., across the river from New York City. Flying takes longer in the 10-seat Cessna Caravan turboprop than in a commercial jet, but the overall trip can be shorter when factoring in security lines and other traffic at Logan. At $438 round trip, it can cost roughly the same as a commercial flight. Pretzels and cookies are served, Andre can spread out to work on his laptop, and valet parking at Hanscom can make it a 10-foot walk from the plane to his car. 'It's superconvenient, and it's really first-class treatment,' Andre said." (10/02/05)
In many parts of the country, private aircraft have been cheaper than the ridiculous airline rate structure, and avoids most of the garbage that passes for “security” for the commercial airports and airlines. It also allows for greater security for the individual, who does not turn his luggage or laptop or weapons over to a TSA goon.

Supreme court okays frivolous gun suit
http://msnbc.msn.com/id/9584450/
MSNBC
"The Supreme Court refused Monday to block a lawsuit against gun manufacturers accused of negligence for firearms violence in the nation's capital. An appeals court had said the District of Columbia government and individual gun victims -- including a man who was left a quadriplegic after being shot in 1997 -- could sue under a D.C. law that says gun manufacturers can be held accountable for violence from assault weapons [sic]." (10/03/05)
This is another “Imperial Court” decision – despite the fact that dozens of state courts have determined this sort of harassment is illegal. But of course, this is DC we are talking about.

Alaska: Anchorage expands recognition of RKBA
http://www.ktuu.com/cms/templates/master.asp?articleid=151&zoneid=1
KTUU News
"If you go to the mall, stop to get gas, have an after-work drink out with friends, be aware -- the people around you may be packing heat. The list of places you can carry a weapon in Anchorage is about to expand. In just a few weeks you can add city buildings to that list. So KTUU-TV is taking a look at just where you can and cannot carry a firearm. 'The vast majority of Alaskans think they ought to be able to carry a firearm wherever they wish,' said Wayne Anthony Ross, National Rifle Association board member. ... It may surprise you to learn that in addition to being allowed to carry a concealed weapon, you can also carry one in plain sight. But realize it may raise some eyebrows." (09/30/05)
The TV anchor sounds shocked, doesn’t she? Well, too bad. Open carry should be as common as concealed carry – or even more so. Especially in the West and Alaska.

Nevada: Elderly man fights back
http://www.kvvutv.com/Global/story.asp?S=3935198
KVVU TV
"Police say an 82-year-old man was washing his car near E. Sahara and Bruce around 10 p.m. last night when two men approached him with weapons and demanded money. The elderly man told the suspects that he had left his money at home. According to police, one of the suspects got into the back seat of the victim's car, demanding to be taken to the victim's home. The victim had a pistol hidden inside of his car, and he shot the suspect. The suspect in turn fired at the victim, striking him in the chest.The victim was transported to the hospital where he is in serious condition. The suspect died from his gunshot wounds." (10/04/05)
Our prayers that the elderly victim survives. At least in Nevada he won’t have to face murder charges or charges of carrying a loaded pistol in his car.

Washington: Man justifies shooting as self-defense
http://heraldnet.com/stories/05/10/04/100loc_trial001.cfm
Herald Net
"Stanley Douglas Nyberg was pushed off a river bank and was injured moments before he scrambled back up, pulled a pistol, and shot and killed his neighbor, Dina Camp, 44, with whom he had a longstanding property line dispute, Nyberg testified Monday. After he climbed up from the bank, he said that Camp took one or two steps toward him, and that's when he fired, Nyberg told a Snohomish County Superior Court jury." (10/04/05)
I covered this when it first happened, and months later it is finally being tried. It is a shame, as I frequently point out, that a full fledged jury trial is necessary for this: a coroner’s inquest should be adequate.

California: Wounded store owner shoots robber
http://tinyurl.com/a94qt
Record Net
"A wounded liquor-store owner shot a would-be robber around 9:30 p.m. Monday after being shot in the buttocks. Steven Groce of Stockton was shot while closing his El Dorado Liquor store, on El Dorado Street near Churchill Street, Stockton police said. He and the man he shot were taken to St. Joseph's Medical Center and San Joaquin General Hospital, authorities said. ... Police said men with bandannas pulled over their faces entered the store armed with handguns, one of them a long-barreled revolver." (10/04/05)
Hmmm – are long-barreled revolvers more evil than short-barreled ones? But I’m glad he was able to fight back.

California: Victim fights back
http://tinyurl.com/dugmt
Redondo Beach News
"On Sept. 29 at about 11:50 a.m. a subject entered the Hollywood Riviera Car Wash in the 1500 block of South PCH and brought an item to the counter with money to purchase it. When the cashier opened the register, the suspect allegedly threatened him with a gun. He was pointing the gun at the cashier and taking money out of the cash drawer when the cashier grabbed the gun. The suspect ran out of the business. The victim, armed with the suspect's .22 caliber revolver, chased him through the parking lot to Avenue H. As a white pickup truck slowed for the suspect to jump into it, a passenger in the truck allegedly pointed another handgun at the victim. The victim fired four to five shots at the suspects." (10/04/05)
Whew! A brave man, and hopefully these thugs won’t come back.

Cayman Islands: Draconian new victim disarmament laws
http://caymannetnews.com/2005/10/939/law.shtml
Cayman News
"With the Government's continuing focus on crime part of a new bill to strengthen the judiciary and sentencing could see some offenders incarcerated for considerably longer periods than in the past. At a recent Cayman Islands Chamber of Commerce luncheon at the Wharf Restaurant, the Leader of Government Business Hon Kurt Tibbetts announced a number of new measures to address crime including changes to laws to help in the process of capturing and convicting criminals. Bullet Proof vests are soon to be outlawed in the Cayman Islands and firearms offences will land perpetrators behind bars for a minimum of 10, and up to 20 years." (10/06/05)
This makes even less sense than the normal hoploclast/hoplophobe legislation: outlawing bullet-proof vests? They would do better to encourage them, as well as encouraging peaceful citizens to carry weapons regardless of location.



The Fall of Europe
Britain in the dock for human rights failures
http://news.independent.co.uk/uk/legal/article316691.ece
Independent [UK]
"Britain has one of the worst human rights records in Europe and faces investigation over its failure to comply with a series of European court rulings. More than 100 findings have been lodged against Britain to which the Government has not adequately responded, five years after Tony Blair said he had fulfilled his promise to 'bring rights home' by implementing the Human Rights Act. These range findings from violations of the rights of mental health patients to the failure to protect children from unlawful corporal punishment in the home." (10/02/05)
It is only in the eyes of the Brussels bureaucrats that these are “human rights” – virtually all of these are procedural violations, or common sense actions now made illegal in Europe together with pure beer, milk chocolate, and preaching the Bible.

British tolerance of forced marriages wanes
http://www.csmonitor.com/2005/1005/p06s02-woeu.html
Christian Science Monitor
"In a drafty railway station cafe in England's Midlands, Ayesha, a young Muslim girl whose family is from Pakistan, is trying not to cry as she talks about her wedding day. 'When I was young I always expected to have an arranged marriage,' she says. 'But I also thought that I'd get a chance to know the man first.' Instead, at 17, her family forced her to marry a man she had never met. When Ayesha, not her real name, tried to have the marriage annulled, she was disowned by her family, and forced to flee her hometown of Birmingham. Although every year hundreds of Muslim, Sikh, and Hindu women in Britain, according to figures from the government and aid agencies, are forced into marriage to fulfill traditional ideas of family honor or parental prestige, Britain's government has so far been reluctant to interfere in the private lives of immigrants." (10/05/05)
This is an example of how the British are “ignoring human rights” – by taking away the power of Muslim families to force their children into marriages and by refusing to recognize polygamous marriages. IF the Blair government has the guts to protect the rights of these young people, expect more condemnation from Brussels.

UK: NHS doctors back private hospitals plan
http://society.guardian.co.uk/health/news/0,8363,1583350,00.html
Guardian [UK]
"A healthcare entrepreneur has raised more than £100m from the City to kickstart plans to build a chain of private hospitals across England in partnership with hundreds of frustrated NHS consultants. The venture, probably the biggest private investment in hospital construction since the NHS was founded in 1948, has been triggered by the government's plans for patient choice, identified by Tony Blair in his speech to the Labour conference as the big theme of his third term. From 2008 people needing an operation will be entitled to select any hospital - public or private - that can work within NHS cost limits. The treatment will remain free for the patient and the hospital will be reimbursed by the taxpayer." (10/02/05)
Hopefully we are seeing the beginning of the end of the socialized health care system in the UK.

Germany: Schroeder signals willingness to bow out
http://abcnews.go.com/International/wireStory?id=1180141
ABC News
"Gerhard Schroeder signaled on Monday he might be ready to drop his demand to remain chancellor after Germany's inconclusive election, by saying he would not stand in the way of the creation of a stable new government. Schroeder, who has led Germany since 1998, said in a brief interview with RTL television that his fight to stay in the chancellery was for the good of his Social Democrats (SPD) and their center-left policies -- and not for personal gain. His refusal to step aside since his party finished a close second to Angela Merkel's conservatives in the September 18 vote, has been one of the chief hurdles to the formation of a coalition government." (10/03/05)
He should have quit some time ago, but he hadn’t finished ruining Germany.

EU opens talks to admit Turkey into bloc
http://tinyurl.com/9abgx
Tampa Tribune
"The European Union opened membership talks with Turkey early Tuesday -- a historic first step that would transform the bloc by taking in a predominantly Muslim nation and expanding its borders to Asia and the Middle East. Turkish Foreign Minister Abdullah Gul flew late Monday night to Luxembourg for a late-night ceremony to formally open entry talks, following an agreement reached after two dramatic days of diplomacy that included strong U.S. lobbying for Turkey's candidacy." (10/03/05)
As I’ve pointed out before, this would be the worst thing the EU could do: the continent is already flooded with Muslims, both the “normal” kind and the radical Islamistic kind, and with guest-workers from Turkey and elsewhere. This will flood Europe with both. I don’t know WHY the US is lobbying for it, unless we are playing real-politick and hoping it will trash the EU.



Gulf War Three
News from the aftermath of Katrina and Rita was much less prominent this week, for the first time in a month.

Louisiana: $40 billion protection plan sparks debate
http://tinyurl.com/al2hs
USA Today
"A $40 billion plan to hurricane-proof the Louisiana coast has ignited a battle over how best to prevent a repeat of this year's double flooding of New Orleans. Endorsed by the state's congressional delegation, the proposal would create a nine-member independent commission that would give Louisiana a large say in how the federal money is spent." (10/02/05)
It would appear to me that LA should have NO sayso in how to spend other people’s money: if they want a say, they need to pay their share. Many folks like my idea: if we MUST recreate New Orleans (and it appears that economics demands it, mostly for transportation purposes), then lets use it as a landfill for the millions of tons of rubble created by the hurricanes, create a mound and cap about 50 feet high (30 feet above sealevel) and build a new city (Newer Orleans, or perhaps New Gulfport might be better) on top, safe from flooding. And at a fraction of the cost.

Parish president: FEMA still fumbling
http://tinyurl.com/86q6w
CNN
"The president of St. Tammany Parish accused the Federal Emergency Management Agency on Sunday of continuing to mismanage the aftermath of Hurricane Katrina, a charge denied by an agency spokeswoman. 'I met the president personally,' Kevin Davis told CNN's 'Late Edition.' 'I actually drafted a note, and he signed it. It said, 'We are going to help you,'' the parish president said. 'I think he was sincere. He hugged me, and I believe in him. There is a disconnect apparently from that point down through the FEMA program.'" (10/02/05)
He expected something different? He’s one of the problems – he and his Parish failed to prepare adequately, but now it is the Feds fault he’s in a mess? As the story explains, it appears that the usual LA and NO corruption (on the part of Davis) is part of the mix: he wants them to use HIS construction company and HIS land for the temporary housing, so he can make sure his own house is rebuilt.

Louisiana: Search ends with 964 dead
http://tinyurl.com/7vm2g
Indianapolis Star
"The search for Hurricane Katrina victims has ended in Louisiana with a death toll at 964, but more searches will be conducted if someone reports seeing a body, a state official said Monday. State and federal agencies have finished their sweeps through the city, but Kenyon International Emergency Services, the private company hired by the state to remove the bodies, is on call if any other body is found, said Bob Johannessen, a spokesman with the state Department of Health and Hospitals." (10/03/05)
Far, far below the 10,000. Panicked exaggeration is typical in such situations, and this was made worse by the incompetence, not of government agencies (which we have to take for granted) but of the individual people who would not deal with dead bodies and other facts of life.

Post-Katrina easing of labor laws stirs debate
http://www.csmonitor.com/2005/1004/p01s01-woam.html
Christian Science Monitor
"Mario Pérez, muscular and 16 years old, is a budding carpenter. Next to him is Samuel Sánchez, 32, an experienced roofer. Fed up with earning $4 a day in Mexico, they recently arrived at this tiny town on the Mexican-New Mexican border to start the two-day walk to the US. They talked about where they would go. 'Probably Texas,' said Sánchez. 'What about New Orleans?' suggested Pérez. In the wake of hurricane Katrina, recent moves by the US government may help would-be migrants like Sánchez and Pérez decide where to go. And decisions in Washington are reigniting the immigration debate." (10/03/05)
Here we see an example of mainstream media playing switch and bait: the “easing” of laws concern things like Davis-Bacon wage rates and “child” labor laws which prevent people under 18 from virtually any job except babysitting – but they use this to make readers assume that the “easing” will yet further increase immigation: an effort that is separate on the part of Bush and his officials.

Arizona: Sedona Buddhists save dogs left after hurricane
http://www.azcentral.com/arizonarepublic/news/articles/1005buddhistsdogs05.html
Arizona Republic
"Tibetan Buddhists see reincarnation as more of a circle than a straight line. One past life can lead to any other life, which means a person could come back as a lost dog. That is why Buddhists based in Sedona are now caring for more than 100 dogs at an Arizona ranch. The dogs had been abandoned in New Orleans after Hurricane Katrina. 'The traditional teaching from the Buddha is that any animal could be somebody you love,' said Alana Elgin, a Buddhist nun with the Kunzang Palyul Chöling in Sedona. This particular group of animals has survived the horror of the hurricane, the danger of the flood and being abandoned by their families." (10/05/05)
Have they considered that they are interfering with Karma by not allowing the supposedly reincarnated souls in these dogs to migrate to their next body – which they would have done if the dogs had been killed in the hurricane? Still, whatever cockeyed excuse they use, it is a good work that they are doing – if not as good as taking care of people. But then, we are talking about Sedona here.

New Orleans: Mayor lays off half of city staff
http://www.washtimes.com/national/20051004-104447-4800r.htm
Washington Times
"Mayor Ray Nagin said yesterday the city is laying off as many as 3,000 employees -- or about half its workforce -- because of the financial damage inflicted on New Orleans by Hurricane Katrina. Nagin said only nonessential workers will be laid off and that no firefighters or police will be among those let go. 'I wish I didn't have to do this. I wish we had the money, the resources to keep these people,' he said. 'The problem we have is we have no revenue streams.' Nagin described the layoffs as 'pretty permanent' and said that the city will work with the Federal Emergency Management Agency to notify municipal employees who fled the city in the aftermath of Katrina, which struck about a month ago. The mayor said the move will save from $5 million to $8 million of the city's monthly payroll of $20 million. The layoffs will take place over the next two weeks." [RRND editor's note: Only half? I thought NOLA was still almost uninhabitable, and likely to remain so for a year? What "city services" are these "essential" ones providing ... for people who are no longer there? - SAT] (10/05/05)
If 3000 people only account for 25-40 percent of the payroll, then one thing is for sure: New Orleans (which had a half-million population) had WAY too many employees, and way too many are getting VERY high pay. Steve has the right of it: I would expect that New Orleans might not even need a full-time mayor (not that it has one) for a year or more.

Nine face Katrina aid fraud charges
http://tinyurl.com/azjfg
CNN
"Nine Californians have been charged with fraud for allegedly participating in a scheme to pocket Red Cross hurricane relief funds from a call center in Bakersfield, Justice Department officials announced Tuesday. None were Red Cross employees. 'So far we've documented a loss of at least $25,000, but we expect that amount to go up,' said U.S. Attorney McGregor Scott, of Sacramento, speaking in Washington." (10/04/05)
These scams will crop up more and more in coming months as the con-men rake in their share of the cost of Katrina and Rita. But why is this a federal investigation? California can’t handle this sort of crime? Sigh. Where is Joe Friday when you need him?

Survey foresees $34.4 billion in Katrina claims
http://tinyurl.com/8odhg
Cincinnati Enquirer
"Hurricane Katrina is likely to result in at least $34.4 billion in personal and commercial property loss claims, according to the first publicly released survey of the nation's insurers. ISO's Property Claim Services Unit said Tuesday that the preliminary estimate of damages to homes and businesses in six states would make Katrina the most costly U.S. natural disaster ever, surpassing the inflation-adjusted $20.8 billion in losses from Hurricane Andrew in 1992." (10/04/05)
At the same time, the estimates of the $250 BILLION that supposedly need to be spent in the region have started to drop greatly, just as the body count has: Sadly, with 62 billion already spent, a similar 1/10 ratio won’t happen.

Hotel chains ask Katrina evacuees to leave
http://tinyurl.com/axvx5
Yahoo! News
"At least one hotel chain has asked some Hurricane Katrina evacuees to check out so it can honor the reservations of incoming guests. Hilton Hotels, the parent company of Hampton Inn and other brands, is trying to find other rooms for the evacuees but said they were warned when they checked in that their stays would be limited by room availability, said Hilton spokeswoman Kathy Shepard. 'We're doing our very best to accommodate these people,' she said. It's an uncomfortable situation for the hotel industry: risk bad publicity for kicking out hurricane evacuees, or anger big-spending repeat customers who travel for business. ... A Hampton Inn in Brookhaven, about two hours north of where Katrina struck, asked Barbara Perry of Folsom, La., to move out last week. She was living in the hotel with her parents and her three young children, and she was driving almost 90 miles a day to work. ... Had Perry found shelter in Louisiana, she would have been protected by a Sept. 1 executive order issued by Gov. Kathleen Blanco that bars hotels from displacing a refugee who guarantees payment. In Mississippi, no such protection exists." (10/06/05)
I fail to see how Blanco has the authority to write and enforce such an act: as we all know, there is no martial law, and this is certainly on the same order as boarding troops in homes. It is best left to the hotels to work out arrangements with their customers: both voluntary and involuntary.



Stupid Government Tricks

Demoted DeLay vows to stay active in House
http://tinyurl.com/7dqlb
Cincinnati Enquirer
"A defiant Tom DeLay, removed as House majority leader because of a criminal indictment, said Sunday he can do his job even without the title and pledged to continue his close partnership with House Speaker Dennis Hastert in pushing the GOP's agenda. The Texas Republican known for keeping colleagues in line and raising prodigious amounts of cash to help elect GOP candidates said he is only guilty of working to defeat Democrats. 'But that's not illegal,' he said." (10/02/05)
Not for lack of trying, of course.

Critics file suit against Georgia voter ID law
http://www.foxnews.com/story/0,2933,170958,00.html
Fox News
"Advocacy groups including the NAACP, AARP and League of Women Voters have filed a federal lawsuit challenging the new voter identification requirements. 'Georgia passed an absolutely obnoxious law,' said former President Jimmy Carter, who lives in the Peach State. 'It was specifically designed to prevent old people, poor people and African-Americans from voting,' he said. Carter co-chairs a private, bipartisan commission that last week recommended that every eligible voter in the United States receive a free, government photo ID card by 2010. He says Georgia's law is too restrictive. The new policy in Georgia eliminates utility bills and employee badges as valid identification at the polls. Voters must now present a government-issued ID card such as a driver's license or passport." [RRND editor's note: Libertarians might see something even more sinister here, as as pilot program for a required national ID - SAT] (10/02/05)
Carter’s stupidity is amazing: and his objections to the current law (which requires some kind of ID with a picture – not just an address and name) smell suspicious. As Steve points out, this strikes me as bad.

Canada: Ruling strikes blow to tobacco firms
http://www.csmonitor.com/2005/1003/p07s01-woam.html
Christian Science Monitor
"Canada is now the first country outside the US where governments can sue tobacco manufacturers to recover billions of dollars in smoking-related health costs, thanks to a unanimous Canadian Supreme Court ruling last week. Tobacco foes hope other countries will follow Canada's litigious lead. 'Canada is a pioneer in this,' says Richard Daynard, president of the Tobacco Control Resource Center. 'The legislation would obviously be available as a model for legislation in any other country.'" [FND editor's note: I just bet his Momma's proud of her ambulance-chasing little boy ... - SAT] (10/03/05)
For once, I’d like to see a national or state government stop its hypocrisy and just attempt to plain BAN tobacco products – and watch the sparks fly! Seriously, we are seeing a new prohibition developing, but using “modern” techniques which allow the state to profit more and more.

New law would exempt spies from Privacy Act
http://about.upi.com/products/perspectives/UPI-20051006-105238-8736R
United Press International
"An intelligence bill currently before the Senate would authorize a four-year experiment, during which intelligence and other federal agencies would be exempted from some Privacy Act provisions and able to freely share information about Americans -- if it is relevant to a foreign intelligence, counter-terrorism or anti-proliferation activity. Privacy and civil liberties advocates immediately condemned the legislation. ... Others were more sanguine. Angeline Chen, who teaches national security law at George Mason University, said she felt the authors of the provision were 'Trying to strike a balance' between privacy and the need to share information identified by several inquiries into the failure to interdict the Sept. 11 plot." (10/06/05)
The only balance this will achieve is the same sort of balance you get on a see-saw (teeter-totter) when one child gets off: keep an eye on this one, folks, and fight it!



Theft By Government


Florida: City considers land theft
http://www.washtimes.com/national/20051003-122623-2136r.htm
Washington Times
"Florida's Riviera Beach is a poor, predominantly black, coastal community that intends to revitalize its economy by using eminent domain, if necessary, to displace about 6,000 local residents and build a billion-dollar waterfront yachting and housing complex. 'This is a community that's in dire need of jobs, which has a median income of less than $19,000 a year,' said Riviera Beach Mayor Michael Brown. He defends the use of eminent domain by saying the city is 'using tools that have been available to governments for years to bring communities like ours out of the economic doldrums and the trauma centers.' Brown said Riviera Beach is doing what the city of New London, Conn., is trying to do and what the U.S. Supreme Court said is proper in its ruling June 23 in Kelo v. City of New London." (10/03/05)
Funny, I thought the “common wisdom” was that Kelo wouldn’t amount to much – that no one would follow its example and that Congress and legislatures would quickly close the abusive loophole. Guess the common wisdom (once again) was wrong: isn’t it time to get rid of this pernicious practice?

New Jersey: Legislator calls for referenda on land thefts
http://www.app.com/apps/pbcs.dll/article?AID=/20051006/NEWS/51006016
Asbury Park Press
"A state lawmaker wants to forbid municipalities from condemning property for private economic redevelopment without first having a public referendum on the matter. Assemblyman Patrick J. Diegnan Jr., D-Middlesex, announced Thursday he will introduce a measure this fall requiring public votes on eminent domain. He also wants the state to have to approve all municipal resolutions designating redevelopment areas, some of which can now take effect if the Department of Community Affairs fails to issue an opinion." (10/06/05)
As expected, the opposition to this bill is something fierce, with claims that it will “destroy” local government and eliminate all hope of economic development. New Jersey is already infamous for its abuse of small business and homeowners, and while this would be only a small improvement, anything would help – but I don’t expect it to pass.

DC: Thieves move in on ballpark land
http://www.washtimes.com/national/20051006-120902-5838r.htm
Washington Times
"The District will begin using eminent domain to acquire parcels of land at the site of the Washington Nationals' ballpark by the end of this month, after unsuccessful negotiations with nearly half of the landowners. City officials said they expect to file court documents to take over at least some of the 21-acre site in the coming weeks and have $97 million set aside to buy the properties and help landowners relocate. The city made offers to all 23 landowners on the site last month but received no response from 10. ... Many property owners on the site said the city's offers are inadequate. Others are suing the city on the grounds that it has no right to use eminent domain to acquire land at the site. ... In April, the city notified property owners on the site that they would be required to move out by Dec. 31." (10/06/05)
“Unsuccessful negotiations” with eminent domain powers generally mean “We made them an offer that was too low, and they refused it, like we knew they would, so it is time to send in the lawyers and cops and dogs.” Watch the abuse: will it resemble New London or Zimbabwe more? I’m betting on Zimbabwe, given DC’s common roots in the Third World.



World Wars (Terrorists, etc.)

Chilling video shows Bali bombing suspect
http://tinyurl.com/93ujh
Indianapolis Star
"Police raised the alert level for Indonesia's capital and the president warned of more attacks Sunday as a chilling video shot the day before showed a suspected bomber clutching a backpack and strolling past diners moments before one of three suicide bombings killed 26 people on Bali. The near-simultaneous bombings on the resort island also injured 101 people, including six Americans." (10/02/05)
Biggest news on the war front this week was the new attack in Indonesia, which shows that even talking to the US is bad for you, if you are an Islamic country.

US: Colombia should fumigate coca
http://tinyurl.com/7f5pq
Detroit Free Press
"The U.S. ambassador urged Colombia Sunday to spray weed killer inside the country's spectacular nature parks to destroy cocaine-producing crops, insisting the chemicals will not cause widespread damage to the reserves' ecosystems. Harried by eradication campaigns elsewhere, drug traffickers have in recent years streamed into the parks, where spraying is banned. In the parks, they have torn down thousands of acres of virgin rain forest to plant coca, the raw ingredient in cocaine. In response, Colombia's government is debating whether to lift a ban on aerial fumigation in the reserves." (10/02/05)
It would appear that the parks have already had their ecosystem destroyed, but that does not mean that the chemicals will not cause more damage. Again, we have to ask, who is to blame for this? American consumers continue to buy the stuff, and desperate for a living, these people grow the stuff.

Nathan Barton is a libertarian writing from the Black Hills. Your comments are appreciated!
We hope to resume our daily commentary next week.

Smartest and Dumbest States?

A friend sent this article to me, and after choking on my tea, I had to respond. See my comments at the end!

The smartest state in the union for the second consecutive year is Massachusetts.

The dumbest, for the third year in a row, is New Mexico.


These are the findings of the Education State Rankings, a survey by Morgan Quitno Press of hundreds of public school systems in all 50 states. States were graded on a variety of factors based on how they compare to the national average. These included such positive attributes as per-pupil expenditures, public high school graduation rates, average class size, student reading and math proficiency, and pupil-teacher ratios. States received negative points for high drop-out rates and physical violence.How does YOUR state rank?


#1 Massachusetts
Connecticut
Vermont
New Jersey
Wisconsin
New York
Minnesota
Iowa
Pennsylvania
Montana


#11 Maine
Virginia
Nebraska
New Hampshire
Kansas
Wyoming
Indiana
Maryland
North Dakota
Ohio


#20 Colorado
South Dakota
Rhode Island
Illinois
North Carolina
Missouri
Delaware
Utah
Idaho
Washington


#30 Michigan
South Carolina
Texas and West Virginia (tie)
Oregon
Arkansas
Kentucky
Georgia
Florida
Oklahoma


#40 Tennessee
Hawaii
California
Alabama
Alaska
Louisiana
Mississippi
Arizona
Nevada
#50 New Mexico

COMMENTARY:



What a marvelous piece of garbage!

"These are the findings of the Education State Rankings, a survey by Morgan Quitno Press of hundreds of public school systems in all 50 states."

Morgan Quitno, though based in Lawrence, Kansas (home of the University of Kansas), is the epitome of the "beltway bandit" firm: they specialize in putting together and publishing "Best of/Worst of" studies and lists for states and cities on all kinds of subjects: safest and most dangerous, most and least livable, etc. KTGF-TV of Great Falls has this about them: "Morgan Quitno Press is an independent private research and publishing company located in Lawrence, Kansas. Founded in 1989, the company specializes in reference books and monthly reports that compare states and cities in several different subject areas. The corporation is not a subsidiary of any other company nor is it subsidized by any outside interest group. Its books are found in reference libraries throughout the United States and around the world." No, they aren't subsidized by any "outside interest group" - they are subsidized by the thousands of government and school libraries and agencies that buy their books avidly, and ARE an "outside interest group."

The first thing we see about this "smartest/dumbest" state is that it is based on surveys of PUBLIC schools (that is, government-run, tax-funded schools) - not on the population as a whole, or even the whole student body of a state (and with some states having 11% or more K-12 students in home school or private schools, that can make a difference). But there is more.


"States were graded on a variety of factors based on how they compare to the national average."

At first, this doesn't seem untoward, but think - it is not compared to a true baseline, the way quality of gasoline is judged, or the way teachers (used to) grade tests - this is grading on the curve. It would be like doing a survey of countries in Africa on which allow the "most and least freedom" to their people, but using the average situation in Africa, rather than even the whole world, as the standard. But let's look at what the 50 states are being judged on-

"These included such positive attributes as per-pupil expenditures,"

Dozens of studies have shown that "per-pupil" spending has little to do with the quality of an education - much less with whether the products of that education (students) are smart or dumb.

"public high school graduation rates,"

In an era where high-school graduates cannot properly balance a checkbook nor read a newspaper, much less calculate the volume of a tank or understand an MSDS, this is a complete hoot as a "standard" - it is meaningless.

"average class size,"

Again, studies have demonstrated the worthlessness of this factor - and if class size were really important, then I have two questions: (1) why don't we go back to one-room schools where each teacher only has 10-12 students, and (2) why do enormous (but successful) universities put virtually all of their freshmen in core classes where the class size is in the hundreds?

"student reading and math proficiency,"

This is really the only thing listed that MIGHT have some relation to "smartness and dumbness" for states - except that the basis of these proficiency scores is based on a plethora of state and even local "standard tests" and evaluations all designed to demonstrate that the public schools reporting have as much state and federal money as they want, and that their teachers continue to draw a paycheck. So I don't rank this very high as far as telling what states are "smart" and "dumb."

"and pupil-teacher ratios."

This is completely bogus, as it is just a slightly different way of saying "class size."

"States received negative points for high drop-out rates"

Also bogus, as this is just another way of stating "graduation rates." Nor does it necessarily account for those people who get GEDs, nor possibly even for those whose parents have pulled them into home schooling or private schools.

"and physical violence."

Again, this MIGHT be a good indicator of school quality and conditions, but has little to do with judging smartness or dumbness: even SMART people can be prone to violence, and DUMB people are often peaceful (or cowed, which is a different thing entirely). But the sources of information on school violence are themselves highly suspect: a tremendous amount of in- and school-related violence NEVER gets reported: not just not reported to a teacher or administrator but not reported to cops or courts.

In short, this survey is absolutely worthless except for selling ads in papers and on television. But it MIGHT be useful, if not for determining the intelligence of the PEOPLE of a state, for determining the intelligence of the state agencies and public schools in those states: any organization which buys this report (either in the sense of purchasing the book or agreeing with its rankings) has just demonstrated, on an objective scale, and not a curve, that they are dumber than rocks.

Wednesday, September 14, 2005

Baker’s Dozen ™ Hints - Tasks for a Community Emergency Response Team

Every community should have volunteer, informal groups that are prepared to respond to help neighbors and deal with disasters that threaten the community. There are many tasks that can be done by a CERT, and often a community should specialize and have several teams to deal with different situations. In many cases, these teams will support other community resources, like the volunteer fire department, sheriff’s office or posse, ambulance service, or homeowners’ association. In other cases, they must function on their own, either because the situation is not of a scale to trigger those, or because the disaster is so serious that the normal emergency response resources are completely swamped either locally or someplace else. Here are some of the common tasks that a CERT in the Western US might need to do:

1. Assist in the evacuation of community members with handicaps, elderly, with small children, or other unique situations.

2. Coordinate for emergency transportation for people, food, water, medicine, etc.

3. Provide for purification of water in case of disruption or contamination of the water supply.

4. Provide for emergency sanitation in case of failure of normal sanitation facilities.

5. Fighting small wildfires.

6. Searching for lost children or elderly.

7. Delivering emergency messages door-to-door.

8. Providing food and water for emergency response personnel or from people evacuated from their homes.

9. Providing supplies and assistance for shelters in community centers, church buildings, or other locations for refugees.

10. Assist other first-responders with crowd and traffic control.

11. Provide a place where people in the community can come to get questions answered, leave messages, donate assistance and materials, and otherwise help.

12. Provide a forum for helping people plan individually for disasters, distributing information, sharing ideas, and other actions BEFORE an emergency.

13. Recruit people to form other community emergency response teams.

These are just a few of the many tasks that a CERT, often only four or five people, can perform to help a community pull together in case of disaster, whether we are talking a wildfire, a blizzard, windstorm, power outage, influx of refugees, hazmat incident, or other emergency. Even preparation and cooperation on a completely voluntary and small scale can save lives and communities.

©2005 Information Incorporated. All Rights Reserved.

Bakers Dozen (TM) Hints to Prepare for Disasters

Based on the recent responses (or lack thereof) of government at all levels to natural disasters, and the aftermath of natural disasters, it is wise to take a little time and do some preparation in case YOU find yourself in such a situation. Assume that no government agency will be there to help.

1. Have a “GO-bag” with you at all times. A “GO” bag consists of those items which you need for the next 12-18 hours in case you are cut off from your normal house, office, vehicle, or work location. It might include keys, phone, phone card, a bottle of water, medication, paper and pen/pencil, spare ammo, and other items, and should be small enough to fit into your briefcase, a shoulder bag, or a small day-pack.

2. Make sure that you and your family have an evacuation plan of your own, and places (plural) to assemble in case you are caught when the family is scattered when a crisis erupts, and the priority in which they are to be used. Where those locations are is very much dependent on the type of threats that you may face.

3. Have a larger “GO-pack” in your vehicle at all times. This includes items similar to your “GO-bag” – those things you would need for 24-72 hours cut off from your home, your workplace, and sources of supply. It might include water, food, first-aid, emergency vehicle items, ammo, weapons, and perhaps even an old cell-phone and charger, FRS radios, and similar items. Although normally kept in your vehicle, it should be something that you can pack at least a short distance on your back: a medium-size pack or small duffel.

4. Make sure that your home and office are prepared in case of a disaster such as a blackout, storm, or other incident that does not directly threaten you or your location. This includes having supplies on hand, such as water, non-electric appliances (such as can-openers and ventilators), medicines, and ways to ventilate or heat the place. You should be able to live in your house or office for up to a week when cut off from normal utilities and access.

5. Make yourself a safe place in your apartment, house, or on your property – a place to allow you and your family to defend and survive for up to 96 hours, with supplies, protection/shelter, and defenses; assuming that all utilities are shut off and that bad guys are running around without control.

6. Ensure that you have at least some supplies and tools available to do emergency repairs on your house, such as blocking off broken windows, providing for security in case of broken locks, shutting off gas, water, or electricity, and have a plan to know how to do these things.

7. Encourage your relatives, neighbors, fellow church-members, business associates, and service providers to do these things as well. Share ideas, but be careful about specifics on what YOU have done, or on finding out what THEY are specifically doing.

8. Organize community emergency response teams (CERT) that are volunteer, relatively informal, teams of people that learn what can be done and decide what they can do in case of a disaster in a community.

9. Make sure that you have a means of escape at all times. For most of us, that means having a working automobile of some kind – in reasonably good working order, with the GO bag there. And make sure that your fuel tank is at least ½ full at all times. (For others, that may require working with someone who DOES have a good vehicle, or other alternatives.)

10. Ensure that you have multiple escape routes to use based on the threat (such as, for example, flash flooding) to get from your normal locations to your assembly point and to a safe place.

11. Arrange in advance for one or more places to take shelter, if need be for an extended time, if it is necessary to evacuate; this might be with family or friends or an affiliated church, or a place where the family goes for vacations.

12. Ensure that you have adequate weapons suited for your location and situation, and that you have been trained on these.

13. Ensure that you have adequate ammunition for your weapons, both for training and for emergency use; assume that resupply may NOT be possible for an extended period (years).

These are just a few of the most critical items that you need in case of emergency. But the most important is your attitude: “I CAN survive, I CAN make a difference, and I DON’T have to depend on welfare or forced help from anyone.” Are you ready?

(c) 2005 Information Incorporated

Sunday, July 31, 2005

Darkness Descends in Zimbabwe

This is being posted here (and elsewhere) in lieu of a news report, since it is a private letter. I do not know the person writing it, but did get this from a reliable friend, and am assuming it is legitimate. It certainly matches what press reports are getting out about the terror descending on Zimbabwe. This expropriation and destruction is very important and timely to watch here in the US, in light of the infamouse June 23rd decision by the Supreme Court allowing "public use" as stated in the constitution to apply to anything with some "public benefit" including increased tax revenue.

A letter from Zim......
Sent in by John Winter:

I reckon that these are the last days of TKM and ZPF.
The darkest hour is always before dawn.

We are all terrified at what they are going to destroy next........I mean
they are actually plowing down brick and mortar houses and one white family
with twin boys of 10 had no chance of salvaging anything when 100 riot
police came in with AK's and bulldozers and demolished their beautiful
house - 5 bedrooms and pine ceilings - because it was "too close to the
airport"..so we are feeling extremely insecure right now. You know - I am
aware that this does not help you sleep at night, but if you do not know -
how can you help?

Even if you put us in your own mental ring of light and send your guardian
angels to be with us - that is a help - but I feel so cut off from you all
knowing I cannot tell you what's going on here simply because you will feel
uncomfortable. There is no ways we can leave so that is not an option. I
just ask that you all pray for us in the way that you know how, and let me
know that you are thinking of us and sending out positive vibes... that's
all.

You can't just be in denial and pretend its not going on. To be frank with
you, its genocide in the making and if you do not believe me, read the
Genocide Report by Amnesty International which says we are IN level seven
(level 8 is after its happened and everyone is in denial). If you don't
want me to tell you these things then it means you have not dealt with your
own fear, but it does not help me to think you are turning your back on our
situation.

We need you to get the news OUT that we are all in a fearfully dangerous
situation here. Too many people turn their backs and say - oh well, that's
what happens in Africa. This government has GONE MAD and you need to
publicize our plight or how can we be rescued?

You can't just say "oh you attract your own reality". The petrol queues are
a reality, the pall of smoke all around our city is a reality, the
thousands of homeless people sleeping outside in 0 Celsius with no food
water, shelter and bedding are a reality.

Today a family approached me, brother of the gardener's wife with two small
children. Their home was trashed and they will have to sleep outside. We
already support 8 people and a child on this property and electricity is
going up next month by 250% as is water. How can I take another family of
4 - and yet how can I turn them away to sleep out in the open?

I am not asking you for money, or a ticket out of here - I am asking you to
FACE the fact that we are in deep and terrible danger and I want you to
pass on our news and pictures and don't just press the delete button for
God's sake. Help in the way that you know how. Face the reality of what is
going on here and SEND OUT THE WORD. The more people that know about it,
the more chance we have of United Nations coming to our aid.

Please stop ignoring and denying what's happening. Would you like to be
protected from the truth and then if we are eliminated how would you feel?
Surely you would say "if only we knew how bad it really was we could have
helped in some way". I know we chose to stay here and so we "deserve"
what's coming to us. For now we ourselves, have food, shelter, a little
fuel and a bit of money for the next meal - but what is going to happen
next? Will they start on our houses? All property is going to belong to the
State now. I want to send out my Title Deeds to one of you because if they
get a hold of those I can't fight for my rights.

We no longer have SW radio which told us everything that was happening
because the government jammed it out of existence - we don't have any
reporters, and no one is allowed to photograph. If we had reporters here
they would have an absolute field day. Even the pro government Herald has
written that people are shocked, stunned, bewildered and blown mindless by
the wanton destruction of everyone's homes which are supposed to be
"illegal but which a huge percentage of them actually do have licenses for.
Please my children - have some compassion and HELP by sending out the
articles and personal reports so that something can be DONE.
---

Saturday, July 02, 2005

Baker's Dozen (tm): Celebrate a Safe 4th

A Baker’s Dozen ™ Citizen’s Guide to Celebrating the Fourth of July (2005)

As we celebrate our Nation’s 229th Birthday, please have a safe and sane holiday. Some tips for observing this holiday:

1. Celebrate our nation’s birthday in a safe manner. Observe the official fireworks put on by your local authorities and do not allow your children or others to use fireworks, which are unsafe, prone to injure them and others, likely to cause wildfires, and often a nuisance to your neighbors. (Please report illegal fireworks at once to your local law enforcement agency or call 1-888-ATF-BOMB to report to the BATFE.)

2. Drive to your celebration safely. Make sure you wear your seatbelts, have all the children in government-approved child safety seats, have all your forms and travel papers (drivers license, car registration, auto insurance, health insurance) in order, don’t drink and drive, don’t smoke and drive, and don’t talk on your cell phone and drive. And please be polite to the police officers at all the checkpoints: they are doing this for your safety and protection.

3. Don’t drink too much; especially not if you are driving, boating, walking, watching a parade, riding a horse, or anything else for which (for your own safety and that of others) you may have to be detained by police.

4. Don’t frown or stare at people, no matter what they are doing or wearing (or not wearing). Remember, staring at unclothed or partially clothed people is sexual harassment, and frowning may be seen as anti-social and racist or bigoted in some way.

5. Don’t talk politics at Fourth of July events – this may get people angry, especially if you talk about independence, liberty, freedom, and other words banned by Microsoft in China.

6. Don’t pray or talk religion at Fourth of July events – especially on public property, including streets and road rights-of-way, fairgrounds, parks, and national forest and park lands. This is probably violating regulations and court decisions, and may get people angry and embarrassed.

7. Do not use firearms in any way to celebrate the Fourth. Not only is this dangerous and illegal in most (well, all sane) places, but can scare and scar children and sensitive people for life, both mentally and emotionally.

8. Do nothing which will damage the natural environment: do not use charcoal or wood fires which create excessive smoke, do not use ATVs or 4WD vehicles, do not use perfumed sunscreen or bug spray. These all create damage to the soil, vegetation, wildlife, and people sensitive to odors, smoke, and other environmental pollutants.

9. Always only attend publicly-sponsored and government-approved events, where safety, security, and law enforcement are strictly controlled. There is safety in numbers, as long as there is enough security around. Even when not having fun, pretend to, so that you will not harm people’s self-image because they think you don’t like being around them.

10. Remember to protect yourself from common threats and injuries. Use sunscreen and bug-spray (as approved by government agencies) to protect yourself from sunburn, West Nile virus, bird flu, heat stroke, etc. Purchase food, drink, and souvenirs only from properly licensed and government-approved vendors: otherwise you may fail to pay the proper amount of taxes, you may get food poisoning, sickness from undercooked meat, or drink contaminated water, and you may buy items which are not properly child-safe.

11. Do not attempt to physically restrain children (including teenagers and all persons below legal drinking age) from doing anything, even if their actions may be seen as anti-social or threatening: you will be violating child-protection laws, may be performing an act of sexual predation, or breaking other local, state, and federal laws. Instead, call for police officers to properly detain and remove the out-of-control child.

12. Avoid any kind of entertainments which may be illegal in your jurisdiction. Remember, ignorance of the law is no excuse: you must be aware of all restrictions. Common ones to avoid: animal fights (including cock fights), open containers and excessive drinking, smoking in “no-smoking” zones, loud music from boom-boxes or automobiles, low-riding, sun-bathing in restricted zones, playing in water sprinklers on a no-watering day, use of paintball guns, spray string, skateboards, in-line skates, and other restricted items.

13. Remember how grateful you should be to those who won and keep this nation in existence and protect us from dangers and evil: be sure and tell law enforcement officers and other government employees how much you appreciate their selfless dedication and efforts to protect and serve the public.


Although Baker’s Dozen Tips are usually serious, I hope that by now, all readers will see that this is satire and NOT to be taken seriously. If you are upset by this, please, immediately contact a local liberty-lovers group and join their efforts to properly honor our nation’s efforts for both freedom and liberty for our ancestors, ourselves, and our posterity.

Friday, June 24, 2005

The End of Private Property - What Now?

What now? (Part I – Consequences)

“And just when will the revolution actually start now?” That was the first question my wife had when I told her of the insane 5-4 ruling by the Supreme Court announced yesterday, concerning the power of government to seize private property.[1] And it is a valid question. This morning, a raft of stories about some of the 10,000 “eminent domain” actions in progress across the former republican union popped up on various web news-sites and newspaper sites.

As many people have pointed out, the United States Constitution, and virtually all institutions of free nations, are built on a solid bedrock of establishing the principle of ownership of property. My recent article on nation-building[2] listed this as the number 2 priority, right after removing government’s power to harm its members or neighbors:

“Establish ownership of property (institutionalize property). Establish and enforce ownership by individuals of all possible resources, including land, structures, water, air, airspace, broadcasting bands (frequencies), ideas, and rights to provide specified services to specific persons or in specific locations for specific purposes. English common law developed to provide this institutionalization of property, and evolved by hard knocks to ensure that resources (assets) held informally or put to use were recognized as property. The institution of property, free from the whims of rulers, invaders, and envious neighbors is essential to create a free society.”

Obviously, this Supreme Court decision, for those in states without very solid protections in their own constitutions against eminent domain, has just destroyed that bulwark of freedom. When coupled with the affirmation (and expansion) of the 1942 case which expands the “commerce clause” to anything Congress wishes to consider “interstate commerce” in the medical cannabis case ruling[3] several weeks ago and Monday’s ruling on a California property rights case[4], it creates a situation in which that “line in the sand” that indicates the final destruction of the Republic has been crossed. Hence my wife’s question.

Indeed, we are only beginning to be able to examine the consequences of this ruling, although one of the four dissenting justices (O’Connor) wrote:

“Under the banner of economic development, all private property is now vulnerable to being taken and transferred to another private owner, so long as it might be upgraded — i.e., given to an owner who will use it in a way that the legislature deems more beneficial to the public — in the process. To reason, as the court does, that the incidental public benefits resulting from the subsequent ordinary use of private property render economic development takings “for public use” is to wash out any distinction between private and public use of property—and thereby effectively to delete the words ‘for public use’ from the Takings Clause of the Fifth Amendment.”

The very evil of this ruling can be seen by looking at the very case on which it was made, and hundreds of other cases now pending across the nation, and sure to be prosecuted with vigor based on this ruling (just as Federal agents in California are even now rounding up “criminals” after the medical cannabis ruling and most recent failure by Congress to rectify the situation).

But we have a very real, very horrific example in today’s news of exactly what this decision will ultimately lead to, titled by one writer as “Holocaust in Zimbabwe.”[5] In that poor nation, its ruler, the power-mad Robert Mugabe, has ordered the demolition of the shacks and gardens of somewhere between 300,000 and one million of its poorest citizens, sending them homeless to live in the streets, or in some cases, burying them or their children in the rubble of their homes; and intends to do the same thing to the houses of people violating zoning ordinances by having offices or workshops in their homes.

“Oh, that can’t happen here!” How often have we heard those words? Yet, it may happen here sooner than later, and in the very town whose tyrannical rulers brought this to the Court in the first place. A number of people in the Fort Trumball area of New London, Connecticut, have said that they will continue to resist the theft of their homes. And so, one day soon, armed police, probably with SWAT teams, handcuffs, battering rams and all the other paraphernalia of dictatorship, will show up on the few remaining doorsteps of the neighborhood (all of the homes which once surrounded those few people who fought in the courts have been demolished and the area apparently looks like Potsdammer Platz in 1946) to assault and drag away, among others, an 81-year-old woman from the only home she has ever had. And no doubt, the blue-clad thugs of the City of New London will be backed up by the armed might of the Connecticut State Police and probably even a variety of federal agency goons.

They probably won’t make her and the other surviving remnants of the community actually live in the streets; they’ll get nice warm jail cells for a while, at least, and when (months or years later) the checks get cut, they’ll theoretically be able to buy new homes – or at least new places to live. But such an eventual outcome does not excuse the criminal (or at least immoral) act of stealing in the first place, nor the mistreatment of the people victims of this theft.

As the editorial in the New Hampshire Union Leader stated on Friday[6]: “In essence, all land in the United States is now state-owned.” No different than Communist China, Communist Cuba, the Third Reich, the Soviet Union, or ancient Egypt or Mesopotamia: the thugs have won.

Some of the immediate impacts have already been discussed on radio, in discussion groups, on blogs, etc.:

1. Churches are in great risk. Religious organizations do not pay property taxes, but now, under the premise that “economic development” = “government revenue enhancement,” this will encourage local governments to exercise eminent domain (i.e., steal) on church properties (and other tax-exempt properties) in order to sell them to new owners for commercial purposes and therefore be able to add them to the tax rolls.

2. Especially in California, with Proposition 13, and other locations where property tax valuations are frozen as long as the residence is not sold, it will be possible (and eminently logical) to condemn the properties, pay the current market value to the owners, then allow them to buy back their property at the same price they just sold it for – a price that now forms the baseline for property tax appraisals and levies: in some cases in California, this apparently would instantly increase property tax generated from the property by five times or more. Or the city/county could simply sell their new property to whomever they would, leaving the old owner out in the cold (albeit with a nice check).

3. The use of eminent domain by unscrupulous “big-box store” chains and opportunistic and tyrannical “economic development” bureaucrats and their schills in city and county councils is well-known, especially in places like the Front Range Metroplex of Colorado, and will see rapid expansion, now that the American Planning Society, Municipal League, and other government lobbying groups have this victory. And to that we can add plans to demolish entire neighborhoods for the sake of constructing vast sports temples in New York, DC, and other places: mixing “bread and circuses” with welfare to the rich (sports owners and players) and vast profits in the form of taxes for cities and counties.

4. Various cities and counties and states can be expected to become a lot more aggressive, and the courts much more biased, in various cases where there is some question as to whether the intended use is indeed “public,” as in dozens of cases regarding easements for pipelines, power facilities (such as power windmills and solar systems), and streets, parking, etc. Abuse will grow significantly.

I don’t have the imagination to come up with some other results of this catastrophic decision, but I can be sure that “innovative” tyrants and their sycophants will use their imaginations. But I am reminded of what newly-confirmed Federal Circuit Court Judge, then-California Supreme Court Justice, Janice Rogers Brown wrote in dissent to the California case I mentioned earlier: "Theft is theft even when the government approves of the thievery," she wrote. "Turning a democracy into a kleptocracy does not enhance the stature of the thieves, it only diminishes the legitimacy of the government." Today, just months later, her words ring true.

As with the medical cannabis decision, there are those who will immediately expect the legislature or the executive to come to their rescue. Such hopes will be no more realized than the expectation that such intervention would save Terry Schiavo’s life several months ago. For example, Brown’s opinion was used by some senators in opposing her recent elevation to a federal appeals court: she is “too radical.”

So what now? What do we do?

I have already received e-mail urging me to participate in a form of recall petitions against this Gang of Five (John Paul Stevens, Anthony Kennedy, David H. Souter, Ruth Bader Ginsburg and Stephen G. Breyer), and actually, I would include the sixth, Scalia, who filed a concurring opinion in the medical cannabis case, as well. The usual call, to “Support President Bush” and get in more conservative justices when (whenever) one or two retire, has inevitably been made. Other ideas as well will be bandied about in the next days. In my second part of this article, I’ll look at some alternative actions.

FYI: The three court cases are:

San Remo Hotel v. City and County of San Francisco, 04-340

Kelo v. New London, 04-108

Ashcroft, et al. v. Raich, et al. 03-1454



[1] NEW news story reference

[2] Baker’s Dozen ™ Tips on Rebuilding Disfunctional Societys, http://libertys-outpost.blogspot.com/, 9 Jun 2005

[3] http://www.cnn.com/2005/LAW/06/06/scotus.medical.marijuana.ap/

[4] http://apnews.myway.com/article/20050620/D8ARHDE00.html: The Supreme Court said Monday that people who lose state lawsuits claiming the government improperly took their property cannot count on federal courts for help. In Monday's decision, the justices ruled against a historic San Francisco hotel that wanted to convert rooms - previously designated for permanent residents - to accommodate tourists. The city had restrictions on hotel changes, as part of an ordinance intended to preserve housing for the poor, disabled and elderly. When the San Remo Hotel was ordered to pay $567,000, it sued in state court and narrowly lost at the California Supreme Court in 2002. There were no harsh words in Monday's 9-0 Supreme Court ruling that found the 62-room hotel could not pursue a federal case because state courts had already addressed all the issues. "This is a big victory for local governments," said Nicole Garnett, a Notre Dame law professor.

[5] http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=44963

[6] http://www.theunionleader.com/articles_showa.html?article=56728

Saturday, June 18, 2005

Interesting Things about Bills of Rights

I support individual rights
I'm always having folks point me to new things on-line, and this above site is courtesy of Sunni (http://www.endervidualism.com/salon/web/w0605.htm) and is of considerable interest, because it shows a willingness to keep minor differences in philosophy from interfering with useful cooperative efforts. One thing of interest I noticed was the list of "Documents Which Encompass Human Rights" and their disclaimer: "Inclusion of a document on this list does not imply agreement with the entire document. These are just examples of documents that recognize individual rights." They list six.

I of course have a certain fondness for the United States' Bill of Rights (US-BOR) (which tops the list) - due to ancestry, raising, my own free acceptance of an obligation to defend and protect it, and my day-to-day life under its protections, but I am readily willing to admit that it has its flaws. My state's (South Dakota's) Bill of Right [sic] is better: more specific, more forthright and in keeping with the spirit of the Declaration of Independence itself, although it shares some flaws with the US version. These include no enforcement mechanism except the courts (what a laughable concept THAT is, in view of 220+ years of history), the right to keep and bear arms, and (in SD's case, only) the statement of the inherent right of the people to reform or abolish the government. It also resides within the context of the entire Constitution, and as recent court decisions have again reminded us, that venerable document contains loopholes large enough (sadly) to drive an entire PanzerArmee through. The other documents I look on with decreasing pleasure: starting with the next oldest, the French "Declaration of the Rights of Man and of the Citizen" (DRMC), which you can find at (http://www.hrcr.org/docs/frenchdec.html) This little piece of statist disinformation, with its meandering about "law" and "nation" and "society" is far worse than (and three times as long as) the US-BOR (especially its morbid fascination with "law"). While no more followed by successive French governments that the BOR is by the present American government branches, is far more able to be subverted (as those same French governments have demonstrated time and again). Its Gallic influence is seen in the current European Union's failed constitution.

It is not all bad, of course, and has some definite flairs in places, as in Article 4:
"Liberty consists in the freedom to do everything which injures no one else; hence the exercise of the natural rights of each man has no limits except those which assure to the other members of the society the enjoyment of the same rights. These limits can only be determined by law. "

However, this is immediately offset by the very next article: "5. Law can only prohibit such actions as are hurtful to society. Nothing may be prevented which is not forbidden by law, and no one may be forced to do anything not provided for by law."Which is the measure? Persons or society? If it said, "Law can only prohibit such actions as are hurtful to others" it would be consistent with itself, at least. The last phrase of the second sentence - at first I thought it had no redeeming features at all, but maybe if it said, "No one may be forced to do anything." it might make sense.

Oh, and no right to keep and bear arms or to replace the government.


The next is the "Universal Declaration of Human Rights." (UDHR) Again, it is easy to see the influence of the French document in it, as well as to see its influence on the EU. And again, it sounds very pretty, but has no enforcement except a very oblique reference in the preamble: "Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law," - but we know how much good THAT has done. But as you read through its THIRTY articles (as compared to 17 in the DRHC and 10 in the US-BOR), you find that what the UN, even in 1948, considered "rights" sound like excuses for the existence of the state and its power: "social security" is a right; "food, clothing, housing and medical care and necessary social services" are rights, "employment" is a right. (It is very interesting, though, in light of the worldwide clamor over same-sex marriage, to note that this document clearly defines marriage as between a man and a woman: "Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family." (Article 16) There might be in there a right to plural marriages, but not to homosexual ones.) And some of the so-called "rights" are anything BUT rights: the most prominent one is in Article 26: "Elementary education shall be compulsory." And as you might imagine, no right to keep and bear arms. All in all, a worthless piece of paper, as germane to world history in the past 57 years as the location of Alexander's tomb.

The next is the 1982 "Canadian Charter of Rights and Freedoms" found at (http://laws.justice.gc.ca/en/charter). It starts out with two sick jokes to anyone who knows governments and Canada in the last 25 years. "Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law..." - It may have been founded upon God, but the effort in the last quarter century has been to disassociate itself from God as much as possible - especially the God of the Anglican and Roman Catholic traditions of its founders. The next joke is worse, though (and the EU closely followed this in their botched attempt at a bill of rights): "The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society." In other words, folks, don't bother with the rest of it: "reasonable limits" and "demonstrations justification" are defined by either a one-vote majority in Commons or a one-vote majority of appointees to the High Bench. There ARE no freedoms and rights except as the powers-that-be are willing to let people have. And of course, there are no provisions for enforcement. And we are up to 34 Articles, although admittedly several of the articles deal with the unique English-French "multicultural" of Canada. At least (although they are meaningless, as I said) there are a few familiar rights that we south of the border recognize, such as banning self-incriminating and double-jeopardy. But no right to keep and bear arms, as Canadians are learning right now.

The last two documents listed are "The Australian Privacy Charter" and the "World Passport" - both of which are dream documents and about as applicable to real life as the EU's dead constitution, so I won't go into any detail. The Australian thing has at least one good article though: "People should have the option of not identifying themselves when entering transactions." Of course it is weasely "should" is not the same as saying: "No person shall be forced, under penalty of law, to identify themselves when entering transactions." If you are curious, go to: http://www.anu.edu.au/people/Roger.Clarke/DV/PrivacyCharter.html. Please note, Australia HAS NO "Bill of Rights" except for tenuous claims to the old British one from 1688, because they are in allegiance to H.M. Queen Elizabeth, second of that name.

The "World Passport" (http://www.worldgovernment.org/docpass.html) is my opinion is a piece of garbage and does not belong in the links at all. It purports to support the right of free travel around the world, but that is a crock, to put it mildly. Whether your "papers" (as in "May I see your papers, please, comrade.") are issued by a wanna-be world government or a national government or a local dog-catcher/tyrant - they are still an affront to human liberty and dignity and deserve to be treated like any other attempt at slavery. Freedom to travel has to apply to anyone with or without papers or it is meaningless, in the long term (and often in the very short term, as well - try catching a plane in the USA today.) It is also, apparently, something of a scam, like International Drivers Licenses (not International Driving Permits) and claims that citing the Uniform Commercial Code (UCC) will make the IRS back off.

The point is, there is not YET (and probably won't ever be) a "perfect" Bill of Rights, and attempts to define more and more rights specifically lead to all kinds of garbage. Bills of rights exist to limit the powers of government, NOT to establish or "give" rights to people, so maybe the entire concept of bills of rights is flawed. Maybe it would have been better if the Founding Fathers had entitled this "PROHIBITIONS ON ANY GOVERNMENT" and (of course) provided a mechanism for enforcement. But I fear that any human government beyond that of a small, voluntary membership (like that of a church congregation) is doomed to eventually try to take away every right - and this kind of thing just facilitiates that.

Thursday, June 09, 2005

New Baker's Dozen: Rebuilding Nations

This was first published at www.thepriceofliberty.org

Baker’s Dozen ™ Tips for Rebuilding Disfunctional Societies
With thanks to Quintin Langley for the original idea.

Massive invasions to “liberate” nations, even when coupled with massive foreign aid programs, voting schemes, and generous pensions for redundant politicians and military dictators, have been proven to be inadequate for creating truly human societies. (For example, it has been sixty years now since most of Europe was liberated from Nazi tyranny, and they STILL can’t get it right.) Therefore, these tips to create a functional and human society are provided for your use. WARNING: Avoid so-called “professional” individuals and groups, especially those who claim vast experience in nation-building (or re-building) and those with short acronyms or abbreviations like “UN”, “USA”, or “CPSU.”
While these tasks are listed in general order in which they should be accomplished, it is not always necessary to complete one task before proceeding to the next.

Remove or limit the ability of organizations (including “states” or “governments”) to harm their members (clients/citizens/etc.) and their neighbors. “De jure” limits seldom work unless “de facto” limits are already in place. In some cases, this may require five to ninety years to accomplish. Although “disarmament” is claimed by many to be the only way of removing or limiting this, history has shown that disarmament works, at best, for a very limited time; the time-proven method of limiting the ability to cause harm is to ensure that neighbors and citizens are adequately armed and capable of using those arms effectively.

Establish ownership of property (institutionalize property). Establish and enforce ownership by individuals of all possible resources, including land, structures, water, air, airspace, broadcasting bands (frequencies), ideas, and rights to provide specified services to specific persons or in specific locations for specific purposes. English common law developed to provide this institutionalization of property, and evolved by hard knocks to ensure that resources (assets) held informally or put to use were recognized as property. The institution of property, free from the whims of rulers, invaders, and envious neighbors is essential to create a free society.

Establish methods of resolving disputes which do not involve immediate use of weaponry or a ruling by a “wise man” from a throne. Solomon was a rarity: one in several hundred billion. Have several methods, at least somewhat independent. If it turns out that violence is sometimes necessary to resolve an otherwise insoluble dispute, make sure that obvious physical and mental differences are balanced.

Diversify education. Schools, formal or informal, are the basis of the flow of information required for a society to function. Turning schools into instruments of government, at ANY level (local, regional, national) ultimately destroys free speech AND the economy, as the aims of government are inexorably opposed to the goals of proper education: learning to communicate and share information. Education must be free and separate from the state, just as religion must be, and for most of the same reasons. Priority must be given to primary schools: higher education will follow naturally. No person, organization, or institution should have a monopoly on education anywhere, anytime.

Eliminate corruption at all levels, in both the “public” and “private” sectors. Under the table payments are damaging to society and the economy. Living on tips, whether you are a waiter, a soldier, or a politician, is corrosive and reduces or eliminates the feedback necessary for a market economy AND a free society. If the full price of the goods or services provided is not clear and up-front, inefficiency is far above tolerable levels.

Establish commonly accepted standards. This is a broad area, because it includes everything from commonly accepted standards for weight, length, and other physical measurements to commonly acceptable standards for proper behavior of children, teens, military personnel (on- and off-duty), business-owners, employers, employees, and media, among others.

Provide (as much as possible) all goods and services by private, voluntary actions. Do not attempt to allocate any goods or services by elections, appointed officials, or redistribution of stolen goods.

Eliminate (as much as possible) forced payments and forced services. This amounts, in fact, to an elimination of taxes. Make voluntary contributions the normal way of providing for needs which affect a large segment of society or for services which cannot be done by a free market. Once this is done, it doesn’t matter what you call the political leaders.

Devolve power. While a “strong man” or “man on a horse” may temporarily solve some problems, in anything but the very short term they create more problems than they ever solve. Whatever political power exists, whatever power to enforce laws, defend against aggression, or implement new laws or enforcement, must be divided as much as possible, both geographically and culturally (that is, by segments of society such as classes, ethnic groups, religious affiliations, or other divisions). In particular, internal defense against aggression (internal “police” powers) and external defense against aggression (“military” powers) must be kept separate, if at all possible with completely different geographic jurisdictions.

Encourage learning and education outside the state or country or society being “built.” Learning that there is a way of doing things outside your clan, town, county, people or nation, even if you don’t LIKE the other ways of doing things, matures you amazingly. Apply this principle even to those people who just can’t seem to understand that they are not supposed to attack people, control them, or be rude: whether this education is done by banishment or putting them in Coventry is really a moot point, as long as the rest of the population is safe from them.

Separate civic (ceremonial) and administrative (working) roles for government at all levels. No one needs any power whatsoever to welcome soldiers home, visitors to town, dedicate buildings, cry with the survivors, raise money to help the injured, or kiss babies.

Encourage preachers. Not “religious leaders” (whatever they may be called) but preachers – those teaching whatever doctrine they wish to proclaim, calling people in the public eye to account for their actions, urging people to live moral (or even immoral) lives, and reminding people there is something beyond society and the state.

Do it in writing. Living constitutions stink worse than the “dead” written word.

Version 1.1. This initial list may be amended in the future; your comments are appreciated and will be incorporated in future editions.
© 2005, Information Incorporated