Category: Liberty

Guess Who?

By , February 20, 2012 11:29 am

Who wrote this:

“. . . farmers are also digging and planting corn and other crops that will be turned into ethanol that can replace gasoline in our cars. Most cars in America can’t run on ethanol, however, so who is going to install ethanol pumps at the gas station without the cars to run on it? At this point I would say to all of my hard-core conservative friends: Hold on to your hats.

“What we need is a government mandate! We need to mandate that all cars sold in the United States, starting with the 2010 model year, be ‘flex-fuel vehicles’ – that is, they should be able to run on a blend that is 85 percent ethanol and 15 percent gasoline (the so-called E85 blend), or even a coal-derived methanol/gas mixture. This mandate would cost a fraction of the new fuel economy standard with the added benefit of saving barrels more oil.”

For the answer, we go to the name under the title of the piece:

So, he’s for “smart” mandates–of course. He’s just against health insurance mandates, especially if they’re mandated in Massachusetts and if Romney’s behind them. Or Obama.

HT Andrew Kacsyinski at BuzzFeed.

Home, Home on the (Free) Range?

By , February 17, 2012 9:21 am

Interesting article by David Pimentel of Florida Coastal School of Law on overprotective parenting, the resulting laws, and the implications for so-called free-range parents (I’m probably one). From the abstract:

In the last generation, American parenting norms have shifted
strongly in favor of Intensive Parenting, placing particular emphasis
on protecting children from risks of harm. Recently, a backlash to
this trend has emerged. “Free Range” parenting is based on the
concern that coddling children through overprotection inhibits the
development of their independence and responsibility. Indeed, a
growing body of literature suggests that parental overreaction to
remote and even illusory risks of physical harm is exposing children to
far more serious risks to their well-being and development. But the
powerful influence of media has sensationalized the risks to children,
skewing popular perceptions of the genuine risks children face and of
what constitutes a reasonable or appropriate response to such risks.
Consequently, individuals who do not buy into Intensive Parenting
norms, including those from different cultural and socio-economic
backgrounds, may be subjecting themselves to criminal prosecution
for child neglect and endangerment.

It appears that I’m on the anti-nanny-state warpath this morning, what with my Tweet about Santorum’s take on gambling.

I’ll Be Watching This

By , January 31, 2012 4:17 pm

Today on The Corner, Ramesh Ponnuru writes about the move by Republicans in the House and Senate to restore religious liberties abrogated recently by the Obama Administration, which

has decided to require religious institutions that offer insurance to cover contraception, sterilization, and abortifacients, whether or not they object to covering them. Churches would be exempt but not, for example, Catholic universities or hospitals.

My Twitter feed has been alive with conversation about what the Administration has done, but I’ve paid scant attention. I’ll be more attentive from now on because this disturbs me. At one time, I was anti-abortion but pro-choice. No longer. Over the years, I’ve changed my views to anti-abortion, give-the-child-up-for-adoption-if-necessary. To me, if there is any doubt about whether that life begins at conception, then the doubt should favor the possibility of life. Moreover, if Jefferson’s wall separating church and state means anything, it means something here in the domain of all things sacred to religious folk and institutions.

Affordable Care Act: It’s About Power, and It Always Has Been

By , June 8, 2011 3:23 pm

Ilya Shapiro nails it, and apparently, so did the judges of the 11th Circuit Court of Appeals. Obamacare–the Affordable Care Act–is and always has been about power. Washington wants is. The people, at least people like me, don’t want to give it to them.

As the lawyer representing 26 states against the federal government said, “The whole reason we do this is to protect liberty.” With those words, former solicitor general Paul Clement reached the essence of the Obamacare lawsuits. With apologies to Joe Biden, this is a big deal not because we’re dealing with a huge reorganization of the health care industry, but because our most fundamental first principle is at stake: we limit government power so people can live their lives the way they want.

This legal process is not an academic exercise to map the precise contours of the Commerce Clause or Necessary and Proper Clause — or even to vindicate our commitment to federalism or judicial review. No, all of these worthy endeavors are just means to achieve the goal of maximizing human freedom and flourishing. Indeed, that is the very reason the government exists in the first place.

And the 11th Circuit judges saw that. Countless times, Judges Dubina and Marcus demanded that the government articulate constitutional limiting principles to the power it asserted. And countless times they pointed out that never in history has Congress tried to compel people to engage in commerce as a means of regulating commerce.

In case anybody cares, I feel the same way about Climate Change. Even conceding that the globe is warming, I’m not willing to kneel before the would-be climate demigods, certainly not before them move from their Mount Olympus mansions and give up their jets. Yes, Al, I’m talking about you.

The Midnight Lynching of Sarah Palin

By , June 4, 2011 12:18 pm

They’re at it again. Palin’s critics. They’re beclowning themselves even as they attempt to turn her into one. It began with this video:

Her garbled comment set the Leftosphere afire. That dumb Palin got her history wrong again! How can conservatives be soooo stupid!

Then Professor Jacobson at Legal Insurrection rode to her defense (many links at this link). Among other things, he posted Paul Revere’s personal account of his adventure. In the relevant part, it reads (spelling in original, bolding mine):

I observed a Wood at a Small distance, & made for that. When I got there, out Started Six officers, on Horse back,and orderd me to dismount;-one of them, who appeared to have the command, examined me, where I came from,& what my Name Was? I told him. it was Revere, he asked if it was Paul? I told him yes He asked me if I was an express? I answered in the afirmative. He demanded what time I left Boston? I told him; and aded, that their troops had catched aground in passing the River, and that There would be five hundred Americans there in a short time, for I had alarmed the Country all the way up. He imediately rode towards those who stoppd us, when all five of them came down upon a full gallop; one of them, whom I afterwards found to be Major Mitchel, of the 5th Regiment, Clapped his pistol to my head, called me by name, & told me he was going to ask me some questions, & if I did not give him true answers, he would blow my brains out. He then asked me similar questions to those above. He then orderd me to mount my Horse, after searching me for arms

Jacobson also links to David Hackett Fischer’s book, Paul Revere’s Ride at Google Books. If you’re interested, read pages 140-143, but here’s a snippet to save you the trouble:

[Revere] rode directly to the house of Captain Isaac Hall, commander of Medford’s minutemen, who instantly triggered the town’s alarm system. A townsman remembered that ‘repeated gunshots, the beating of drums and the ringing of bells filled the air’ . . . Along the North Shore of Massachusetts, church bells began to toll and the heavy beat of drums could be heard for many miles in the night air. Some towns responded to these warnings before a courier reached them. North Reading was awakened by alarm guns before sunrise. The first messenger appeared a little later (140). . . . [Another] express rider delivered the alarm to a Whig leader who went to an outcropping called Bell Rick, and rang the town bell. That prearranged signal summoned the men of Malden with their weapons . . . (141) . . . Along Paul Revere’s northern route, the town leaders and company captains instantly triggered the alarm system . . . (142).

So did Paul Revere ring bells, beat drums, and shoot guns to warn his compatriots? Probably not, but who really knows. What we do know is that he and his fellow express riders were certainly the “triggers” that set off the warning system of bells, drums, and gunshots.

Yes, Palin could have been more clear, but what she said was spot on. Revere did warn the British that they were in for a fight, and he “triggered” a pre-arranged warning system.

Meanwhile, her bitter critics on the left cling to their copies of Longfellow’s poem.

Mamet’s Hits Just Keep On Coming

By , May 23, 2011 4:09 pm

I remembered reading this from The Village Voice in 2008 while I was reading this in The Weekly Standard from last week about David Mamet’s conversion of the left to the right, liberal to conservative. The first article, an essay actually, by Mamet himself, had the better title: “Why I Am No Longer a ‘Brain-Dead’ Liberal.” The second is the story of what’s happened since.

Read both. Maybe–if you find yourself on the left bank–you’ll be persuaded to convert too. After all, his family looks happy.

Torture

By , May 6, 2011 9:57 am

I’m against torture.

I’m undecided about waterboarding. Is it torture? It certainly must be uncomfortable, and I’ve read all the arguments that it is–Japan did it in WWII, and we went after them, etc. But then there’s the odd fact that guys like Christopher Hitchens willingly underwent waterboarding to see what it was like. (It was like torture, he said.) I have a hard time imagining Hitchens allowing someone to attache electrodes to his genitals or pull off his finger nails.

Anyway, we can debate my moral dilemma another day. My point today is to raise an interesting question raised by an interchange in the comments on Barry Ritholtz’s website The Big Picture. Ritholtz, by the way, is adamant that water boarding is torture. Virtually all of his readers appear to agree with him, judging by the comments.

But then there’s this interchange:

Andy T Says:
May 6th, 2011 at 2:45 am
“Thinking that torture is wrong is not a liberal or conservative value — it is an American value.”

If your wife or child was captured by somebody…and the only way to get really good information out of a suspect/accomplice was to torture them, what would you do?
Tough question…..I know.
Mike Dukakis lost an election with that type of question in 1988.
Keep holding on to your ‘truths’ ….

~~~

BR: Its not a tough question — its a silly piece of rhetoric, revealing the questioner to be a fool. Of course, my personal code of ethics is different than what a great nations’ laws are.
What I would do personally in that situation — ripping someone’s eyes out with my bare hands so I could piss on their brains — is not the same sort of response that is appropriate by a nation.

Why is what might be appropriate for me to do, inappropriate for a nation to do? Discuss.

Apparently, It’s Not What A Law Firm Does However

By , April 25, 2011 11:22 am

Paul Clement 1, King & Spaulding 0.

Defending unpopular clients is what lawyers do.

What Kind of Bargaining Rights Does a Hostage Have?

By , April 21, 2011 8:33 pm

NLRB tells Boeing to stay put.

Anything you say, comrade.

Just When You Thought It Was Safe to Flip On the Light Switch

By , April 21, 2011 10:20 am

Hey, I have an idea!


Let’s bring back the good old incandescent light bulb.

We knew this, didn’t we? And we were already upset about burning out our last incandescent light bulb, weren’t we? There ought to be a law of (obvious) unintended consequences.

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