Rights

Just a quick question for those who certainly know more about this subject than me. Are our fourth and fifth amendment rights suspended during a situation like in Boston when they are doing a door to door search? Personally, I would not have let the cops into my house unless they had a warrant. Nor do I answer questions from cops without representation present.

The “Professionals”

Lots will be written about the Boston bombings in the coming months but what I have to say about it will be relatively short and sweet.

From my outpost here in rural Wisconsin, it appears that the people of Boston are a bunch of babies. They follow orders from “professionals” very well though, that I will admit.

There is zero chance that a “stay in your house” order would be obeyed out here in the sticks – I have talked to many of my farmer neighbors already on the subject. In fact, there is also zero chance that those murderers would survive long out here in the rural areas – they would have gotten shot between the eyes, plain and simple, by any of a number of citizens. On that subject, what is up with the lack of marksmanship with the “professionals”? Hundreds and hundreds of rounds volleyed, and one guy lives to tell the tale? Houses shot full of holes that weren’t even in the line of fire? Really? These guys get paid to do this?

There were thousands of cops on the scene in Boston, and the surviving jerk still somehow got outside of the cordon. I would think this to be embarrasing to the “professionals”. It was clear, at least from where I was sitting, that the “professionals” didn’t have a great grasp on the situation. I laughed when I saw the state troopers marching in formation or the swat guys parading through the neighborhood riding on the running boards of the Hummer. The show of force does not impress the terrorists, or basically anyone – besides perhaps the cowering citizens of Boston and the associated suburbs.

Can you imagine how bad this would have been if the bombers were actually smart?

Sorry to have to take this tack in the wake of these murders, but it really, really looks bad on tv from where I am sitting, at least.

People of Boston: get some guns, band together, and do something. When we had a horrible blizzard here a few months ago we had lives on the line but we all worked together, checked in on each other and helped where needed. You didn’t hear about it because we took care of it ourselves with no help from anyone including the “professionals”. People and livestock were in serious danger, but we worked hard and made things happen while the “professionals” told us to stay inside.

The “professionals” obviously didn’t bring their “a game” to this event, nor should be counted on to do so in the future. Always remember: you are the first responder. Take action.

The Many States of America

Recently I was reading how a professor at the University of Illinois at Chicago was arrested for bringing an unloaded handgun to work, and that it made the news media. I reflected briefly on the fact that you can bring a loaded, concealed gun with you in most places in many states in the US and it wouldn’t be news, it would in fact be normal activity, for instance in the adjacent state of Indiana.

Meanwhile, in California, it is common for people to smoke marijuana openly as is discussed here. Needless to say, this behavior would get you immediately arrested in many states particularly in the south and midwest.

Taxation is also highly variable on a state and city basis. New York and California have some of the highest taxes, particularly on income beyond a particular level (progressive taxes). On the other hand, states like Florida and Texas have a much lower level of taxation and a much freer business climate in terms of regulation.

Without getting into the hottest of hot-button issues, clearly there are differences in the types of marriages and reproduction rights / right to life on a state by state basis. These differences are narrowing in some areas and getting wider in others.

Some states have “right to work” laws which massively limit union power, and have flourishing and expanding manufacturing economies as a result. Visit Alabama, South Carolina, and Texas to see where all the former manufacturing might in the midwest and Northeast and West Coast migrated to (if it didn’t go to China or overseas). The enacting of “right to work” laws obviously sends an important signal to business leaders whether or not a state is a friendly place to do business for incremental investment (along with taxation).

The “fracking” revolution has unleashed vast wealth in some states, and in other states it has been banned or severely curtailed. Meanwhile, California is going in on its own with carbon regulations and highly aggressive “green” energy targets, while other states are heavily reliant on traditional (and cost effective) technologies.

The differences on a state-by-state level on these different dimensions seem large and growing. They are much more subtle (though often correlated) with the Red / Blue analysis. An attempt to classify these vectors could be done as follows:
Energy Freedom – the ability to extract and use cost effective technologies (like natural gas, fracking, and coal) and a state’s willingness to invest more for reliability or the requirement to use expensive (green) technologies and curtail energy use even at the expense of industry competitiveness and reliability. California is likely on one end and Texas is on the other side, although many others have large freedom including Pennsylvania.
Safety Freedom – the right to defend yourself at home, in transit, at work and during study or whether that is assumed by the state. Sadly the most restrictive is Illinois and there are many candidates on the other side throughout the south and midwest (Indiana).
Personal Substance Freedom – the right to smoke, the right to drink, and the right to use various drugs or stimulants. Some odd states (like Colorado) are leading the way on this, it isn’t always the traditional Red / Blue divide.
Freedom to Work & Hire – the right to work and not be forced to join a union, and this is also tied with local laws and practices that limit the ability to hire and fire and direct hiring or limit firing in various dimensions.
Freedom to Build / Live / Rent – Houston is famous for having very limited zoning while other states and municipalities have highly restricted zoning practices. The New York co-op concept also severely limits new entrants along with rent control. These laws can also include whether you can work or have a business in your home. While subtle, these practices can have a large impact on prices and how the region functions.
Freedom From Excessive Taxation – Some level of taxation is necessary for government to function but high tax levels have severe intended and unintended consequences of under investment and evasion. Taxation includes state, local, city, sales, estate, property, and “sin” taxes. These vary significantly by area but are highest in California and the East Coast and likely the lowest in the South.
Freedom of Marriage Choice – A larger portion of states are recognizing marriages beyond the traditional marriage, and this varies by state
Freedom of Reproductive Rights – There are a wide variety of approaches and trends on a state level and then there are practical impacts, as well. This is highly variable by state in practice
Freedom on Medical Rights – an emerging model will be how each state approaches new medical practices and funding methodologies, along with the practical availability of doctors that subscribe to the state’s controls and funding methods. This area will grow exponentially in the near future

I believe that these sorts of analyses on a state by state level are much more useful than the traditional Red / Blue view (although they are often correlated) and when you start to dig in to the differences on a state and municipal level they are staggering, particularly when you view the extremes.

It would be interesting and useful to begin to put together the various data sets to analyze states and municipalities along these continuums, and others that I’ve likely missed.

Cross posted at LITGM

The Normalization of Abusive Government

Consider:

1) The Drug Enforcement Administration is attempting to seize a $1.5 million building owned as a retirement-investment property by a dentist and an engineer. Grounds are a $37 sale of pot ..to an undercover agent..by one of the building’s tenants, a medical-marijuana dispensary.

As the judge in the case notes, the Obama administration (in 2009) sent a memo instructing federal prosecutors to not target medical-marijuana patients..before deciding to crack down and sending threatening letters to landlords.  He even wondered aloud if President Obama would change his mind about marijuana again, after the building had already been seized.

This, in a country whose current President pretty clearly was himself a marijuana user, not to mention former President Bill Clinton, who “didn’t inhale.” Neither Obama nor Clinton are in any danger of having their property seized, however.

2) When financial questions arose regarding the Mountain Pure Water Company, Washington did not send a few staffers to inspect documents. Instead, last spring, some 50 armed Treasury agents breached the company’s  headquarters in Little Rock, Ark. They seized 82 boxes of records, herded employees into the cafeteria, snatched their cell phones, and..according to reports..refused to let them consult attorneys.

“We’re the federal government,” Mountain Pure’s comptroller, Jerry Miller, says  one pistol-packing fed told him. “We can do what we want, when we want, and there’s nothing you can do about it.”

3) In Alexandria, Virginia, a 10-year-old was suspended and arrested for bringing a toy gun to school

4) In Tennessee, an Ohio couple was pulled over by  pair of black police SUVs.  “They were very serious,” said the woman who was driving. “They had the body armor and the guns.”

On the back of the couple’s car was a Buckeye leaf decal, similar to the one Ohio State players have on their helmets.

“What are you doing with a marijuana sticker on your bumper?” asked one of the cops, who had apparently never heard of the First Amendment.

5) In 2005, an Iowa couple purchased a small lot.  When they began to lay gravel on the land, which is located in a residential neighborhood, they were hit by an order from the Environmental Protection Administration informing them that the property had been designated a wetland under the Clean Water Act. They were ordered to stop grading their property and were told that they would face fines of up to $75,000 per day if they did not return the parcel to its original state. When the Sacketts attempted to contest the order, the agency  denied their request for a hearing.

Last March, the Supreme Court overruled the EPA  and stated that the Sacketts are entitled to appeal  the EPA order, rejecting the agency’s claims to the contrary.

“The EPA used bullying and threats of terrifying fines, and has made our life hell for the past five years,” said Mr. Sackett. See my post A Defensive Victory Against Administrative Tyranny.

6) Bob Wallace and Marjorie Ottenberg, California residents in their 80s, started a business to make water purification devices for backpackers. Their enterprise has been crippled by the Drug Enforcement Administration and state officials, on grounds that iodine crystals–a key ingredient in their product–can also be used for  methamphetamine production.

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Helter-Skelter

I was a teenager when the Manson murders went down, in the autumn of 1969 of course, the cruel and inexplicable murder of a movie star and several of her friends made all the headlines, and had lots of law-abiding citizens looking over their shoulders and being very careful about locking the doors and windows of their homes at night. It wasn’t until some time later that the associated murders of an elderly retired couple also hit the headlines of the LA Times, and other national newspapers. A blood-drenched, hippy cult with a weirdly charismatic leader had committed those murders in order so they claimed to trigger a devastating racial war, which they termed ‘helter-skelter’ from a Beatles song moderately popular at the time.

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