Category: Individual Liberty

“Power tends to corrupt, and absolute power corrupts absolutely,” is the most famous quote by the English Catholic historian Sir John Dalberg-Acton. It also appears to be the overriding theme of the teaser-trailer for the new movie Batman v. Superman: Dawn of Justice .

The quote is even stated directly in the trailer in a voiceover (by actress Holly Hunter). Is it applicable in this context? Would Lord Acton agree that absolute power has corrupted Superman? I think he would.

That particular quote comes from a letter to Bishop Creighton in which Lord Acton explains that historians should condemn murder, theft, and violence whether committed by an individual, the state, or the Church. Here is the context:
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mass-incarcerationWith the 2010 publication of The New Jim Crow: Mass Incarceration in the Age of Colorblindness by Ohio State University law professor Michelle Alexander, the conversation about America’s exploding prison population singularly became focused on the intersection of race, poverty, and the War on Drugs. According to the narrative, the drug war disproportionately targets blacks in lower income communities as a means of social control via the criminal justice system similarly to the way Jim Crow controlled blacks in the early 20th-century.

The one problem with mass incarceration-as-Jim-Crow thesis is that it does not fit the empirical data. The drug war is not the reason that today we have nearly 2.5 million people incarcerated in this country. In the mid-1970s the U.S. prison population grew from about 300,000 to 1.6 million inmates, and the incarceration rate from 100 per 100,000 to over 500 per 100,000 largely due to violent crime, property crime, and rogue prosecutors. Drug policy changes would, therefore, have little effect on prison population rolls.

The first significant challenge to the Alexander thesis came from Yale Law School professor James Forman, Jr. In a 2012 article, “Racial Critiques of Mass Incarceration: Beyond the New Jim Crow,” Forman observes that drug offenders constitute only a quarter of our nation’s prisoners, while the violent offenders make-up about one-half. While sympathetic to the ways in which those living in poor black communities are more likely to end up incarcerated than those in middle-class black communities, it is simply not true that drug policy, targeted at blacks, is driving prison numbers.
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As the author of a book titled The Roots of Coincidence, Arthur Koestler would appreciate the coinky dinks of the past week. First, I finished re-reading Koestler’s two nonfiction works of 20th century European madness, Dialogue with Death and Scum of the Earth. One details the author’s imprisonment by Francisco Franco during the Spanish Civil War and the other covers his incarceration by the French in the first months of World War II – and both are harrowing.

Second, last week I viewed Trumbo, Spartacus, and the Coen brothers’ latest cinematic opus, Hail, Caesar! Trumbois another Hollywood tale of how the Second Red Scare oppressed the creative caste of Tinsel Town, violated their First Amendment rights and ruined lives of people inherently better than you and I because of their entertainment industry connections or something. The title character of Trumbo was resurrected from Red-baiting ignominy by a screenwriting credit on the Stanley Kubrick sword-and-sandal epic Spartacus, which aired last week on Turner Classic Movies. Hail, Caesar! includes a subplot about bumbling communists in the final days of the Hollywood studio system. Oh, and back to Koestler: His first novel was 1939’s The Gladiators, which also told of the Roman slave revolt led by – readers already are way ahead of me here – Spartacus.

It’s been one of those weeks!

Let’s unpack this, shall we? Koestler noted in the 1965 reissue of The Gladiators that (more…)

anti-establishment-bernie-sanders-donald-trumpWith Donald Trump and Bernie Sanders outperforming all expectations in the current election cycle, much has been said and written about the widespread dissatisfaction with the so-called “establishment.”

“We’re tired of typical politicians,” they say. “It’s time for real change and real solutions. It’s time to shake up the system!”

Yet, as Jeffrey Tucker points out, blind opposition to the status quo, no matter how bad it may be, is not the same as supporting liberty.

The state power we oppose is not identical to the establishment we reject. You can overthrow the establishment and still be left with a gigantic machinery of legalized exploitation. All the agencies, laws, regulations, and powers are still in place. And now you have a problem: someone else is in charge of the state itself. You might call it a new establishment. It could be even more wicked than the one you swept away.

Indeed, it usually is. Maybe always.

Or, as Peggy Noonan recently wrote, considering the prospect of a completely dismembered GOP: “Something important is ending. It is hard to believe what replaces it will be better.” (more…)

Lastmilitary-draft December Defense Secretary Ash Carter announced he would lift the military’s ban on women serving in combat, a move that allows hundreds of thousands of women to serve in front-line positions during wartime. “This means that as long as they qualify and meet the standards, women will now be able to contribute to our mission in ways they could not before. They’ll be able to drive tanks, give orders, lead infantry soldiers into combat,” Secretary Carter said at a news conference.

Today, the top officers in the Army and Marine Corps followed that policy to its logical conclusion and told Congress that it is time for women to register for future military drafts.

The would be a radical change since, as the New York Times notes,

Selective Service laws have never required women to subject themselves to the draft and face the prospect of being forced into military service. The current version of the Military Selective Service Act requires that virtually all men in the United States between the ages of 18 and 26 register, most within 30 days of turning 18. That includes non-U.S. citizens living in the United States, such as refugees.

If we are going to have a military draft and women are eligible for combat (an idea I oppose), then it’s only fair that women be forced to serve alongside men. But perhaps it’s time we abolish the idea of military conscription altogether.
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Blog author: jcarter
Thursday, January 28, 2016
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breaking-the-lawThe weekend forecast calls for sunny skies, so you decide to have a picnic in a national park with your family. After finishing your meal you throw away your trash. Your son, however, isn’t so careful — he leaves behind a few leftover items. As you leave your picnic area, a park ranger asks if you or your family has left trash in the area. You tell him that you’ve cleaned up after yourself.

You’ve just committed an arguable federal felony: False Statements to a Federal Official. Any false statement made to a government official — even when it is made in conversation and not under oath nor in writing — can leave a citizen vulnerable to a “false statement” charge.

That many seem absurd, but as civil rights lawyer Harvey A. Silvergate notes, this hypothetical example has real-life parallels. Overcriminalization and an increase in vague regulations have made most of us unknowing and unintentional felons.

This wasn’t always the case. Under the common law, criminal intent — an intention to commit a crime or violate a law — was a necessary element of every crime. Most statutory laws also require criminal intent. However, as William J. Sloan explains,

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Violet_crawleyDefenses of limited government are rare in pop culture. You won’t find many characters in movies or TV that say that what is needed is for the state to be less intrusive and less centralized. So it’s particularly surprising to find one of the most passionate appeals for individual freedom over government encroachment on a television station that was created by an act of the United States Congress and partially funded by the federal government.

That’s what awaited fans in last night’s episode of Downtown Abbey.

For the past several weeks Violet Crawley, the Dowager Countess of Grantham, has been opposing a merger of the village hospital with the Royal Yorkshire. The hospital storyline has been rather dull and seemingly inconsequential, especially for the show’s final season. But last night the hospital plot revealed itself to be about something much larger than we might have realized.

The Dowager’s opponents, most of whom are family members, assumed she was simply resistant to change and was loathe to relinquish any personal power. But as she explains, she has a deeper understanding of government and the duty to protect freedom than anyone had assumed.

“For years, I’ve watched governments take control of our lives. Their argument is always the same: ‘Fewer costs, greater efficiency.’ But the result is the same, too. Less control by the people, more control by the State — until the individual’s anguishes count for nothing. That is what I consider my duty to resist.”

“Your great-grandchildren won’t thank you when the state is all-powerful because we didn’t fight,” adds the Dowager. Indeed, not that the state is very close to being all-powerful we should be thankful for our ancestors from the last century who did fight and managed to hold off big government—at least for awhile.

(Via: Hot Air)