Poor Mexico, runs the saying usually attributed to long-time Mexican strongman Porfirio Diaz, So far from God, so close to the United States. I was thinking of this, when we went to see the movie For Greater Glory mostly because I had seen brief mention of it here and there on the libertarian-conservative side of the blogosphere, and the whole premise of it interested me, mostly because I had never heard of such a thing as the Cristero War. Never heard of it, and it happened in the lifetime of my grandparents, in the country right next door … and heck, in California we studied Mexico in the sixth grade. It appeared from casual conversation with the dozen or so people who caught the early matinee at a movie multiplex in San Antonio, only one of them had ever heard of it, either. Was there some cosmic cover-up, or did we have troubles enough of our own at the time … or was it just that Mexico was so constantly in turmoil that one more horrific civil struggle just blended seamlessly into the one before and the one after?
Law
Roger Williams & the Ship of State
Roger Williams, who represents America on the oversized Reformation Wall in Geneva, was not an easy man. Graduating from Cambridge in 1627, he was chaplain to Sir William Masham; by 1630 Archbishop Laud’s demand for oaths of loyalty reached even such clerics, and so Williams and his bride set off for New England. Fortuitously, John Wilson was just then returning to England to gather his family; that is, fortuitously for anyone but Williams. He declined the First Church of Boston post, for he “durst not officiate to an unseparated people.” In the cold winter of 1634-35, he was exiled from Salem, having already been sent from Massachusetts Bay and Plymouth. “Soul liberty” became the governing core of his Providence government – one he defended against Indian attack and the ambitions of other colonies, one he buttressed with authority from England, under both Cromwell and Charles II. He understood liberty because of his “separateness.”
At times he seems an early libertarian: he took Calvinism farther than even these steely New Englanders, having sacrificed much for their faith, were willing to go. If “moderation,” as Cotton Mather noted, characterized every page of Winthrop’s biography, “extremism” would of Williams’.
A Defensive Victory Against Administrative Tyranny
In 2005, Mike and Chantell Sackett purchased a small lot in Iowa (.63 acres) for $23,000. When they began to lay gravel on the land, which is located in a residential neighborhood, they were hit by an EPA compliance order 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.
The case went to the Supreme Court, and in March, Justice Antonin Scalia, writing for the court, said that the Sacketts are entitled to appeal the EPA order, rejecting the agency’s claims to the contrary. “The [law’s] presumption of judicial review is a repudiation of the principle that efficiency of regulation conquers all,” Scalia said in the decision. “And there is no reason to think that the Clean Water Act was uniquely designed to enable the strong-arming of regulated parties into ‘voluntary compliance’ without the opportunity for judicial review — even judicial review of the question whether the regulated party is within the EPA’s jurisdiction.”
Scalia also noted that the Sacketts’ property bore little resemblance to any popular conception of a wetland, protected or not.
“The EPA used bullying and threats of terrifying fines, and has made our life hell for the past five years,” said Mr. Sackett. “As this nightmare went on, we rubbed our eyes and started to wonder if we were living in some totalitarian country. Now the Supreme Court has come to our rescue and reminded the EPA — and everyone – that this is still America.”
Read this post…the personal cost of big-government thuggery…for more on the Sacketts’ ordeal.
Disgusting
A law firm is advertising on CNBC, trying to gin up plaintiffs for lawsuits against siren manufacturers. The pitch is: “Have you lost hearing after working around loud sirens?”
There must be people who have lost hearing from sirens. However, sirens are supposed to be loud. No one could reasonably expect otherwise. Nor is it the responsibility of siren makers to protect people from sirens. Individuals, and perhaps their employers, should do that.
Probably what the lawyers intend to do is find a large group of people who have imperfect hearing and used to drive ambulances or work in factories, assert that their hearing problems result from on-the-job exposure to sirens, and extract a settlement from siren manufacturers who want to avoid expensive litigation and the financial Sword of Damocles of a possible adverse jury verdict (jurisdiction to be selected for maximum plaintiff-friendliness).
Who will bear the costs of these cases (unless they are thrown out as they should be)? The siren manufacturers will go out of business, pay out a lot of money and/or move overseas. Sirens will cost more. The private firms and governments that use sirens will pass along the higher costs in the form of higher prices for their products, higher taxes and fewer jobs. Perhaps they will use fewer sirens in the future, which might lead to more accidents and related costs. Employers will tell workers to wear ear plugs, but many workers will not do so. Some of the plaintiffs, whose hearing loss may or may not have been caused by sirens, will receive windfalls. The lawyers will make a lot of money and look for other industries to plunder. Maybe they will sue rock bands or the Army next.
Derb and All
So the blog kerfuffle du jour is John Derbyshire and the internet essay that he wrote for another obscure blog-magazine, the topic of which has raised such a general ruckus among the right-thinking side of the blogosphere, that it got him dumped over Easter weekend from the National Review and has the Breitbart conglomerate all in a twitter, and many of the rest of us on the libertarian/conservative/free-thinking side of the spectrum seeming to be thinking thoughts pretty much split three ways; cringing and thinking ‘oh, s**t’ or ‘about damn time’ and ‘ ‘OK then if representatives of the capital ‘B’ Black community can witter all over the print media and the intertubules about their worries about their children running afoul of the 21st century version of the KKK can those of us from the race of pallor worry frankly and openly about getting lost in certain neighborhoods, the odds on survival when taking the wrong exit off particular interstates in big urban areas, or the wisdom of going to certain sports venues without being armed to the teeth?’