Kristi Noem and Transgender Girls Government Overreach

Transgender Girls

The Situation

The governor of South Dakota, Kristi Noem, delightedly announced she eagerly anticipated signing a ban on transgender girls playing sports on female restricted teams. For those of you eagerly anticipating a defense of transgender girls’ right to play sports, you should start looking elsewhere. This isn’t a defense of transgender girls but an attack on government overreach.

The problem is the governor of South Dakota is of the opinion that she can force her will upon her constituents in a matter far outside the purview of her office. Why would the state government think they can tell local school districts who can and cannot play on their sports teams? That’s the problem and it’s pandemic among both Republican and Democratic legislatures.

Why It’s Wrong

Trying to legislate who can play on a sports team from the governor’s mansion tramples on the rights of the people in local districts. You must remember, if you support Governor Noem and this law then you must also support the governor of another state who signs legislation stating transgender girls must be allowed to play on the local sports team. If you cede such power to the governor then you deserve a totalitarian state that dictates virtually everything to you, because they think it’s better for you. That they know better how you should lead your life.

This is clearly the sort of situation that must be handled at a local level. If one district wants to allow transgender girls to play on their sports team, as decided by the school board members who were elected by the people of that district, then that is exactly what they should do. If the school board members in another district argue against allowing transgender girls to play then that is likewise perfectly reasonable.

When another school district decides they would rather forfeit a game than play against a school that either allows or disallows such a player, then that’s their business as well.

If the parent of a student disqualified doesn’t like it, they can attempt to sway the constituents of their district. If the parents of a student playing against such an athlete doesn’t like it, they can attempt to sway the constituents in a similar manner.

That’s the way government should work. It shouldn’t be the party in power at a federal or state level simply issuing decrees to the people of their state about everything they get a hair up their ass about. If you’ll pardon my strong language.

Conclusion

I don’t think my conclusion will surprise anyone. Governor Noem and those who voted for this legislation are engaged in enormous government overreach. It’s clearly not a matter for government to be involved in, it’s something for every school district to decide for themselves.

When you permit government overreach with which you agree, you clearly allow government overreach on topics you oppose and which you will certainly start whining about on social media.

Tom Liberman

Wind Power in the United States and China

Wind power

Overview

The recent freeze in Texas, a law in Missouri, and wind power installations in China give me an opportunity to write a blog. Given such a chance I’m not exactly the sort inclined to turn it down.

Basically, wind power in the United States is considered a Green Agenda and largely, although certainly not completely, associated with the Democratic party. The recent freeze in Texas caused enormous power shortages and Republican politicians are using this talking point to attack wind power in general. In Texas the governor blamed frozen wind turbines and now in my beloved home state of Missouri the Republican led legislature has disallowed eminent domain to install wind power lines. Meanwhile, in China they are being installed in ever greater number and soon they will lead the world in wind power.

The Issues

Renewable energy is cleaner than fossil fuels and causes far less, although some, environmental harm. Of this there is no question. Soon wind power and other renewables will provide cheaper power to the communities that avail themselves of its use. There is some debate about this although the trend of ever cheaper wind power is difficult, but not impossible, to ignore.

Because the United States is currently embroiled in a political situation in which what is best for the country is secondary to getting elected, wind power is in the crosshairs. It’s relatively interesting because Texas is one of the leading wind power producing states and when the governor attacked that revenue source, he rather quickly walked back his statements, likely because it is generating enormous profits for powerful players in the state.

However, walking back statements can’t undo harm in our current political environment. It’s clear to me Republicans have largely decided that wind power is good election fodder and bashing it will not stop any time soon.

Wind power installations in the United States have crawled almost to a complete halt in large part because of Trump administration policies favoring coal and gas.

Missouri Law

The Missouri law is a case in point about politicizing such things. I agree eminent domain should be used sparingly and I’m not opposed to the law enacted by the legislature banning its use in bringing wind power to the state.

There are no such laws prohibiting such use for any other energy source. The Keystone Pipeline was largely built using eminent domain to steal farmer’s land in Nebraska, North and South Dakota. Likewise, eminent domain was used to steal the land being used by build a border wall in Texas and other states.

This is a clear example of politicians playing favorites for one industry or one company and subverting capitalism.

Likely Results

The result of our political climate in the United States is clear. Wind power installations will be curtailed and delayed. Meanwhile in Europe and China such installations are moving ahead with great rapidity. This will inevitably put the United States behind in power generation and the costs associated with it.

If you were going to build a large factory and the energy costs in one country were significantly cheaper there, it must play a role in your decision. If the citizens of the region where it was to be built didn’t fight it for environmental reasons, thus saving you court costs and headaches, it seems clear you would build your factory in that country.

Conclusion

The reality of the situation is wind power should survive on its own merits. I’m opposed to the government favoring one form of power generation over another because it is simple a subversion of capitalism. It’s a sad day when China appears to adhere to the capitalistic mantra with far greater fervor than the United States. When the people of the United States want government agencies to determine which business succeeds rather than natural economic forces.

Tom Liberman

Lying About the Texas Power Crisis

Texas Power Crisis

The Question

The Texas Power Crisis of 2021 has engendered a lot of media attention in the last weeks but what I’d like to address is the lying associated with the crisis. Why are people failing to be honest about the causes of the Texas Power Crisis and what are the long-term impacts of such lies?

The Facts

The Governor of Texas, Greg Abbot, attributed the Texas Power Crisis to the freezing of wind turbines and he was followed largely by Republicans on both a state and national level.

Texas is a big wind power state for the simple reason there is a lot of open space but even at that, wind power only accounts for about 23% of the state’s total power output. When the cold weather swept down into the south many of the wind turbines froze but the primary cause of the power crisis was the loss of natural gas production.

Those in charge of energy production in Texas ignored warnings after a similar crisis called the Groundhog Day Blizzard back in 2011. They chose to hope that such a cold weather crisis would not happen again and are now reaping the consequences of that choice.

Why did Governor Abbot and his fellow Republicans lie about the main cause of the problem? The answer is quite simple, for political gain. Green Energy is largely considered a talking point of the Democratic Party and by blaming the wind turbines for the crisis, Abbot hopes to convince people that Democrats are to blame and, obviously, to vote for Republicans.

Not long ago, I wrote about how the Covid-19 crisis engendered similar lies along an anti-science line. I’ve also written about how green energy will supplant fossil fuels and why that is a good thing for all of us. I’ve also delved into the false belief of a Flat Earth and I think these subjects dovetail nicely with the Texas Power Crisis.

The point is anti-science rhetoric causes people not to trust science. It’s certainly true many people don’t subscribe to the lies Governor Abbot peddled about the Texas Power Crisis and most people believe that we live on a sphere. That being said, every time someone in authority lies to us, there are going to be people who believe those lies and make decisions about their life based on those falsehoods.

That’s the danger of lying in this manner and we have to gauge the benefits against those risks. Is the perceived benefit of political gain for one political party worth the potential losses that will certainly be sustained by a country that refuses to follow science and begins to fall behind the rest of the world in many ways?

I don’t doubt for a moment Governor Abbott and those like him think the risk is well-worth it. They believe if they come completely into power, they’ll be able to make the world a better place. They believe the ends justify the means and they are not alone. There are opportunists in every party and my own Libertarians fall into the same trap. You should read some of the crypto-currency nonsense floating around out there. And I’m a believer in the eventual rise of said monetary system.

In any case, that’s the question each one of us has to face. Are the lies worth it? Will enough people believe the lies to elect my politicians and few enough to avoid catastrophe for the United States?

Conclusion

My answer is, of course, tell the truth no matter where it leads. If I make a mistake, if my actions are responsible for the negative outcome; then I must show personal responsibility. I understand the consequences to an entire nation that devalues truth and science. I see the writing on the wall. I’m not willing to sacrifice my integrity for a few votes. Your opinion may differ.

Tom Liberman

The Bleating of a Conservative about Taxes Funding Our Communities

Taxes Funding Our Communities

The other day on Social Media one of my self-proclaimed Conservative friends posted a missive about taxes funding our communities. After I cleaned the vomit from my mouth, I decided to write an article about why this is utter insanity rather than berate said bleating Republican in a scathing reply.

You see, loyal readers, my social media friend can certainly call himself a Conservative but his attitude about taxes funding our communities shows his true colors as nothing more than an odious Republican who long ago gave up on all but the word Conservative.

The post in question was in regards to a mall that had long ago lost most of their stores through natural economic forces, a process I discuss in other blogs. The space was being used as a sporting venue for citizens to play games. My self-proclaimed Conservative friend wrote: It is a frequent re-purpose but sad for the economy. The drop in property value, lower property taxes, and less sales taxes to fund our communities.

The mere idea that it should be taxes funding our communities, let alone the delusion they are actually funding our communities is the worst sort of liberalism. Taxes do not fund our communities. They are collected by the government in order to provide services for the citizens. The community funds the government not the other way around.

Government does not build the roads. Roads, pipes, electric lines, green spaces, security, and fire protection is built because of our needs. Yes, the government uses funds collected through taxes to pay construction companies, police officers, and others but that is not funding our communities that is merely streamlining from a central point.

Let me illustrate with the example of the original social media post. My self-proclaimed conservative friend laments the loss of tax revenue from giant malls that no one has an interest in going to anymore. Doesn’t that say it all. Darn it, I can’t steal your money to prop up a business endeavor no one wants while paying myself a hefty salary to do so. Why should we pay taxes for utilities, roads, parking lots, emergency services, and a myriad of other things that go to a place no one uses anymore? Hint, we shouldn’t.

That’s the misguided role of government in a declining nation. To prop itself up with money stolen from citizens for things they don’t even want and certainly don’t need.

We want roads that go places useful to us. When a sales tax isn’t collected because no one is going to the store, that’s not a bad thing. That’s not a loss to the community. It’s a natural economic impact and the idea government is responsible for that store in the first place is misguided at the least. We were responsible for the store’s existence and now we don’t need it anymore. Good riddance.

It’s ass-backwards what my so-called Conservative friend advocates. It is not taxes funding our communities. It is our communities funding government and we should only fund what we need, not its bloated and endlessly empty belly.

Tom Liberman

When you Throw the Constitution out the Window

Throw the Constitution out the Window

What happens when you throw the Constitution out the window? It’s a fair question these days because both Republican and Democrats, about 95% of all voters in the country, are fully on board with ignoring that document whenever they find it convenient.

Our sordid tale didn’t start with one president or one particular Executive Order but it escalated to new heights under President Trump and his endless national emergencies and is continuing in that direction under President Biden.

One example of this is the arms sales to Saudi Arabia and the United Arab Emirates. A few years back Saudi Arabia blew up a busload of school children in Yemen and our brilliant members of Congress thought to themselves; hey, why exactly are we selling Saudi Arabia the means and giving them the training required to do this? So, when the sale of arms to that country came up, the members of Congress voted against it. Done deal, right? I mean the Constitution of the United States is clear. Purse strings equal Congress.

Oh, how wrong you were. President Trump simply said screw Congress. It’s a national emergency, I can do whatever I want; here you go Saudis have it, kill as many school children in Yemen as you want, it’ll all be good.

Now President Biden has said, now wait a second, I might not want to sell weapons to Saudi Arabia and the United Arab Emirates so I’m putting those sales on hold. Well, sorry to say, self-righteous Democrats, that’s not within his authority either.

I’ve written a number of articles that touch on the idea Congress and the President seem quite happy to throw the constitution out the window when it serves their purposes. The expansion of executive power, whether or not government should control our energy policies, and if we should be involved in the idea of economic sanctions at all.

All of these thoughts swirl around the fact we largely allow government officials to do whatever they want and whenever they want; because we agree with the policies so enacted. The problem, of course, is the politicians aren’t always the ones for whom we voted. Sometimes the other party comes into office and uses these powers in ways we don’t like. Oh, how we cry then.

The underlying problem is that no one cares. Everyone is happy, eventually, when Congress and the Executive Branch does whatever they want without any regard for the Constitution of the United States. Sure, you don’t like Biden cancelling the contract, sure you didn’t like Trump making the contract, but by supporting either, you are supporting both, not that you seem capable of thinking that broadly on the topic.

Virtually every unconstitutional executive order Biden signs is simply counteracting unconstitutional executive orders signed by Trump.

What happens when you throw the Constitution out the window? Dictators come into power. The Founding Fathers? They knew it and cared deeply about preventing it. You know it also; you just don’t care.

Tom Liberman

Everything Wrong with a Bigfoot Hunting Season

Bigfoot Hunting Season

Oklahoma state representative Justin Humphrey filed a bill to open a Bigfoot Hunting season and people are apparently angry about it. Why are they angry? Because Bigfoot might be killed in the Bigfoot Hunting season. Well, there are quite a few things wrong here and I’m the fellow to tell you about it.

It’s fairly difficult trying to pick a place to start. Shall I succumb to my Libertarian outrage and focus on government involvement in something it has no justification? Perhaps I should start with the stupidity that are people concerned with disrupting the non-existent lifestyle of a mythical creature.

I don’t want to bog down in a debunking article talking about fossil evidence, climate, food source, genetic stability in a small population, or other common arguments about why Bigfoot cannot exist. I’ve already written about why people are prone to believing such nonsense.

Anyone who is outraged that Humphrey wants to institute a Bigfoot Hunting season because they are worried about the safety and well-being of such creatures is an idiot.

Then there is Humphrey and those who think this is a good idea to generate tourism and revenue to the state of Oklahoma. This group of people are completely wrong but in a different way. Humphrey is a representative of the state of Oklahoma and a government official. He should not be generating revenue for the state by selling hunting licenses for a mythical creature. That’s something private industry should be doing.

What, what, what? You ask. That’s right, I have no problem with the scheme as a whole, if people want spend their money on hunting licenses for a mythical creature, that’s their business. If some private entrepreneur wants to cash in on this myth, great, have at it. I approve wholeheartedly. People spend their money on a lot of stupid things and my role-playing games and video games certainly strike many as a waste of money. I enjoy it, I’ll keep spending my money as I see fit.

Obviously, the company so involved needs to make sure they use private property for their fun, ensure no one is using a working firearm, and pay for insurance in the inevitable eventuality that some idiot trips over a log and breaks their neck. That’s all part and parcel of living in a free society.

When government is the one to institute such activities, it has gone far beyond its intended role. Humphrey completely misunderstands the role of government in society and he is not alone. Government officials think they are in the business of generating revenue rather than serving citizens. Most of their schemes involve getting money and if they happen to help the citizens, well, that’s a nice bonus.

It’s a government run Disney Land, nothing more and nothing less.

Tom Liberman

Government Money Well Spent for the SS United States?

SS United States

Back in 1952 U.S. taxpayers footed a $50 million dollar bill to build the SS United States and it gives me an opportunity to examine the value of government spending. Was it worth it to taxpayers to get the SS United States or was it a giant boondoggle with no value?

At the time of construction there was a competition called the Blue Riband for the fastest passenger liner to regularly cross the Atlantic Ocean and the SS United States was built with this award at least partially in mind. Aluminium was used extensively in the design lightening the weight and it was equipped with extremely powerful engines, making it almost certain to receive the award. Upon completion it did so, as expected, in both the eastbound and westbound directions.

However, with the advent of air travel, the financial feasibility of luxury liners diminished to almost nothing and the SS United States was soon unprofitable and eventually pulled from duty in 1969. Since then, the ship has cost various owners enormous sums of money; thankfully not tax-payers although such money was requested on multiple occasions.

For $50 million dollars the United States got a couple of awards that soon drifted into obscurity and seventeen years of presumably moderately profitable service for the owners, who provided the remaining $28 million in financing.

Was it worth it? That’s my question today. The only reason the United States government got involved in the project was for the prestige. Yes, they made noise about it being able to be converted into a troop ship but I’m interested in reality, not government gibberish designed to fabricate a reason for the way they do business.

Was a couple of awards worth $50 million? This question goes to the heart of a great deal of expenditures made by the U.S. government. The entirety of the manned space program as it currently exists is justified by the same logic.

It’s quite clear to me this money was wasted on a project that had little value to the tax-payers who footed the bill. Was it a source of pride? Sure. Did it help the ship workers at Newport News understand how to work with aluminium? Yes. These are not reasons enough, in my opinion; although I’d like to hear what you think as well.

Did tax-payers get value for their $50 in building the SS United States?

View Results

Loading ... Loading ...

Tom Liberman

General Salvador Cienfuegos Charges Dropped

Cienfuegos

United States Attorney General William Barr dropped all charges against General Salvador Cienfuegos who, among other things, informed Mexican Drug Cartels who was an inside informant resulting in the murder of said person. Why did William Barr do this, well, he claims it’s because Mexico wants to charge Cienfuegos, but the real reason is to make sure that Mexican authorities continue to cooperate with the US in drug interdiction.

Let’s be clear, the United States has many, many Mexican nationals in our prisons related to drug crimes. What makes Cienfuegos special is that he has friends in high places and our completely corrupt government is happy to do them a favor.

In continuing to be clear, Cienfuegos is responsible for far more of the drug trafficking coming into the United States than a thousand low-level drug dealers. Our willingness to lock up a person selling drugs on the corner while ignoring the entire top of the supply chain is a damning indictment of those who bleat earnestly about the dangers of drugs in the United States.

I’m against the War on Drugs for any number of reasons. I don’t think we should be prosecuting this war and I think the interdiction effort has caused more harm to the citizens of the United States than any other policy of government in the history of the country.

However, if you are for the War on Drugs, if you believe this scourge must be stopped, then you should be calling for Barr to be hanged by his neck until dead, I won’t hold my breath. The reason you won’t is because you are not really invested in ending the War on Drugs. This war fills the pockets of not only Cienfuegos but law enforcement agencies throughout this country. We are completely corrupted by the money and Barr’s head is deeply in the trough.

The government takes your tax dollars by the billion and redistributes this wealth to law enforcement agencies across the country. This money is the primary way the Attorney General of the United States controls law enforcement. It is the way government bribes local officials into doing their bidding.

When Barr claims Cienfuegos will be tried and imprisoned in his own country, he is taking part in the grand deception. When Barr funnels money to law enforcement to war on drugs, they purchase equipment that allows them to crush freedom across the country, from Lafayette Square to Malheur National Wildlife Refuge.

Drugs have won, not because they are legal, but because they are illegal. We the People are losing.

Tom Liberman

No One Elected Jack Dorsey and that is the Point

No One Elected Jack Dorsey

No one elected Jack Dorsey who is the co-founder of twitter and, Senator Ted Cruz, that’s the entire point why he’s free to allow whatever sort of speech he wants on his platform. The very fact Senator Cruz is completely wrong about the meaning of Freedom of Speech as defined in the First Amendment to the Constitution is disheartening although expected.

The point of the First Amendment is that an elected official, you Senator Cruz, cannot so infringe upon our freedom of speech. The fact no one elected Jack Dorsey is absolute proof that he can do so however he sees fit.

If the publishers of Jewish website refuse to post inflammatory neo-Nazi and Ku-Klux-Klan messages that is their right to do so. If Breitbart News or some other conservative outlet doesn’t want to let Nancy Pelosi speak on their platform, that is absolutely their right. Why? Because no one elected Jack Dorsey and no one elected the owners of those organization.

It is you, Senator Cruz, you who are restricted by the Constitution of the United States from arresting me for printing this blog. That’s what Freedom of Speech means. It applies to you and your political colleagues in Washington D.C., in the governor’s mansions around this nation, in the municipal courthouses. You cannot infringe what I say or, more importantly, choose not to say. That’s the entire point!

By telling Twitter, or any other media outlet, what they must print under threat of punishment, you are violating the First Amendment. This is the arrogance of government today. Politicians like Cruz tell us; not only can we tell you what to say under threats but we’re happy to do so and cite the very document that explicitly prevents us from doing it as justification.

Madness! Insanity!

The answer to your question, Senator Cruz, is no one elected Jack Dorsey. Now, get about trying to do something to help this country rather than turn it into everything the Constitution is designed to prevent.

Tom Liberman

Debates about Government Oil Policy

Government Oil Policy

What should be done about government oil policy? That’s the question President Trump and former Vice-President Biden spoke about at the Presidential Debate on October 22 but it’s not really the question at all. We don’t have a Libertarian Candidate in the debates and therefore we only get to hear answers that amount to the same thing. Both Democrats and Republicans are making the same argument.

The problem is Trump and Biden want the same thing; they want a government oil policy that interferes in the natural capitalistic processes. I know, I know, you think your side is completely opposite of the other side but you’re badly mistaken.

Once you admit you want Trump to use the government to support the oil industry or you want Biden to give government aid to renewable energy; you’ve tacitly admitted the government gets a say in the matter at all. If Libertarian Jo Jorgensen had been included in the debate she would, I feel confident, say the only good government oil policy is to stay out of it.

The government; state, federal, and local, should not be giving subsidies to oil or renewables. Imagine if, back in the day, government officials felt the need to protect horses and the industries that support them by suppressing motor vehicles. What if the government poured millions of dollars into candle productions and put up road blocks to electric lights? Where would the United States be as a world power if it had acted in the interests of either?

I wrote a blog about why renewable energy is quickly overtaking coal and oil as the main source of power in the United States but that’s not what I’m writing about today. The message I’d like to convey is when you agree the government has the power to support a particular industry for the good of the nation, you are agreeing with both Trump and Biden. You are, for all practical purposes, making the same argument.

Once you say there can be a government oil policy to influence one of the base structures of modern society, energy, you give it the right to control everything. If you don’t like Trump then you must tell Biden to stop promoting renewable energy. If you fear Biden then you must tell Trump to stop supporting big oil and coal. If you support one, you support both, though you almost certainly imagine you do not.

The more power government has in our lives the more control someone you don’t like will have when they ascend to the highest offices. Do you fear Biden? Vote Libertarian. Do you fear Trump? Vote Libertarian. It’s the only way to be sure.

Tom Liberman

Irish Court rules Subway Sandwiches not made with Bread

Subway Sandwiches

The Supreme Court of Ireland just ruled Subway Sandwiches are not made with bread. You read correctly. What’s important to understand is not the ruling itself but the reason behind the ruling, why is it judges must spend time determining the composition of Subway sandwiches.

The reason the justices were examining the situation is because Ireland has a tax exemption for staple foods like bread but differentiates bread from cake by how much sugar is used in the baking process. A case was brought by Subway wanting a refund for the ingredients they use to make bread. The court ruled the amount of sugar used in making bread for Subway sandwiches is greater than the limit allowed. I’m going to stop examining the actual case here and get to my main point, which has nothing to do with how the bread on Subway sandwiches is prepared.

The problem here is that the courts are looking at the baking process of bread, not what that procedure might or might not be. It’s basically the same reason the United States Supreme Court ruled a tomato is a vegetable. It all has to do with taxes, tariffs, and government intervention.

Now, you are probably thinking, hey, it’s a good thing the government gives tax exempt status to staple foods so that people don’t have to pay extra for a simple meal. I agree. The problem isn’t giving tax exempt status to bread, the problem is taxing food at all. What is the justification for taxes on food?

I’ve written before I’m not completely against taxes. We pay taxes for transport infrastructure because the government uses tax money to build and maintain roads. We find those roads particularly useful and so, rather than have each neighborhood build and maintain their own section of road, we allow the government to tax us for a unified system.

The justification for taxing food is the same as the justification for any product. People need to drive to the store to purchase things. However, the drive to the store to purchase bread is exactly the same as the drive to purchase a chocolate cake. Taxing cake but not bread is an attempt to make people eat in a healthier manner and forces the courts to look into the baking process at Subway, which is time not well spent.

If we decide it is important for people to purchase food and give tax exempt status to those doing so, we should do it across the board. The best solution is to simply stop taxing all food items rather than force the courts to decide what constitutes bread. Simple and efficient, the way government should operate but seldom does.

Tom Liberman

A Failure of Constitutional Obligation

Constitutional Obligation

There is much in the news today about the Constitutional Obligation of the Senate to consider a Supreme Court nomination from the President of the United States. It is important to understand this is a Constitutional Obligation and when Senator Mitch McConnell failed to fulfill that duty upon the death of Justice Scalia in 2016 the entire Supreme Court became unconstitutional. Every decision made by the court from that point forward has no legal standing.

When McConnell made the decision to ignore his constitutional obligation, he willingly poisoned the entire judicial branch of the United States. I interpret this as an attempt to destroy the United States as a whole and such falls clearly under Section 3 of Article Three of the Constitution of the United States. Every time McConnell states he has a constitutional obligation to appoint a Supreme Court Justice to the fill the vacancy of Justice Ginsburg he admits his guilt in the previous appointment. He is, without question, guilty and should face punishment as described in that section.

Every decision made by the court since that failure of constitutional obligation is tainted. The entire court is invalidated by the decision McConnell made. For a while I posited if Justice Gorsuch were to resign and another judge appointed in his place, it would rectify the problem. With the current nomination process ongoing, I see this was a false hope. This version of the Supreme Court, in place and serving ably since 1790, is forever invalid. The situation is far worse than that, the entire judicial branch is poisoned by the fruit from that tree.

Every ruling of the Supreme Court since 2016 is invalid and every precedent used from those decision is likewise meaningless. We cannot fix the situation by appointing another justice. If an umpire makes a bad call on the first pitch of an at bat, it cannot be resolved by making a reverse call on the fourth pitch. What is done, is done. The Supreme Court as we know it cannot be fixed through normal processes.

I’m quite aware my point here is radical to the extreme. There is no Rule of Law and we might as well accept such. The United States is currently a lawless country and until a new Supreme Court is installed, it will remain that way.

We must look to the Judiciary Act of 1789 to proceed. Every Supreme Court justice must step down and be replaced, immediately. President Washington acted in the interest of the country by appointing six justices from different regions of the nation with differing views, I suspect President Trump is incapable of such but I offer him, or his successor, and the United States Senate the opportunity to fulfill their constitutional obligation.

It is also important to understand the current situation is the outcome of the politicization of the Supreme Court for which both Democrats and Republicans are to be blamed. The Founding Fathers established separate but equal branches for a reason and this is an example of why they did so.

Can we appoint new Justices in an apolitical way? I doubt it, but it is the only way forward. Everything else points to the end of the Republic. If the Supreme Court becomes an extension of the Legislative Branch which has become an extension of the Executive Branch, there is no separation of powers, and there is no Republic. That is where we currently stand.

Tom Liberman

The Problem is there was no Crime in the Breonna Taylor Case

Breonna Taylor

The Breonna Taylor case is making a lot of headlines and people are upset only one criminal charge, reckless endangerment, was filed against the officers. The problem isn’t that a single charge was filed, the problem is that everything the officers did, except shooting blindly into a room, was perfectly legal. The problem is that none of them can be charged with a crime.

The problem is that police can, and all to frequently do, murder people legally. It’s vitally important to understand this is a problem for the people and for the police, both are the victims here.

This is the state of our legal system as a result of the failed War on Drugs that allows police to kill with legal impunity, to steal your money with legal impunity, to throw flashbang grenades into baby cribs with impunity, to intimidate, harass, abuse, imprison, torture, absolutely legally. That’s the problem and if you don’t see it, you’ll be a victim soon enough under the unlikely circumstances that you have not been already.

The problem isn’t the police, the problem is our society, our laws, our willingness to give up freedom and reduce safety at the same time.

Many right-wing Trump supporters out there are angry about what is going on to poor people in this nation. What’s happening to poor black people is exactly why you voted for Trump, except it was being done to you. You in West Virginia, Alabama, Mississippi, and lots of other places were left out when the rich got richer, laws designed to protect wealthy people left you out in the cold in a crap job without enough money to feed your kids and no hope for advancement.

Farmers see their land taken by corporate bankers. Energy workers see their livelihood being taken from them. President Trump promised you he’d stop it all but instead he’s redirected your anger to poor, largely minority people, who are being trampled upon in exactly the same way. These people are your allies in this fight. Antifa, Alt-Right, Libertarian, BLM, the police themselves; the Trumps and Pelosis of the world want you to fight each other so you don’t line them up against a wall and put a clip into their center mass.

Breonna Taylor is dead because you gave away your freedom. You stood by and watched as politicians passed laws for the War on Drug, the War Powers Act, The National Emergency Act. You stood by while local officials made it impossible for you to drive to work without violating the law and if you get on the wrong side of the police department, they will figure out a way to fine you to within an inch of your life to finance their bloated government.

Breonna Taylor was absolutely murdered by police who got a stupid no-knock warrant to kick in her door with guns drawn because she was dating a guy who sold drugs. She was murdered and it’s not against the law. That’s the problem. Police officers, everyone wants to kill you because politicians have set you up to take the fall, no matter how much they pretend to be on your side, they are murdering you. They are sending you out to take bullets for them.

You all need to figure this out. All those organizations fighting each other in the streets of Louisville need to get together, then we will actually see change.

Tom Liberman

Jacksonville Strippers and the Case Justice Ginsburg will Never Hear

Jacksonville Strippers

There’s an interesting legal case involving Jacksonville Strippers and I thought with the news of Justice Ginsburg’s passing it would be something that might interest her and certainly does me. In Florida a new law prevents Jacksonville strippers from being under the age of 21 in clubs that do not serve alcohol. This city ordinance is being challenged as unconstitutional and might, if pursued diligently, end up in the Supreme Court.

Justice Ginsburg spent her life championing the cause of women and Jacksonville strippers are in that category. The justification for the law is that women under twenty-one are closer in age to the current limit of eighteen, that the closer a woman is to eighteen, the more likely she is to be unduly influenced into a career she does not want.

In Jacksonville the city representatives decided all strippers must be fingerprinted and licensed before they can pursue their profession. They also came to the conclusion they would not issue such licenses to anyone under twenty-one. They do this in the name of stopping “sex trafficking”.

The reality is relatively simple, for whatever reason we’ve established eighteen is the age when citizens are legally adults and can largely make their own decisions. If someone is eighteen, they can have sex with whomever they want, they can take their clothes off for money, they can model in a skimpy swimsuit, they can do anything any other adult can do and the government should not get involved, no matter how repugnant we, personally, might find the situation.

You’ll notice the do-gooder city hall members in Jacksonville have not asked to fingerprint and license members of the University of North Florida Osprey Division I football team. These young men are playing a violent game and run an enormous risk of personal injury but no one seems all that concerned about their welfare, despite them being under twenty-one. I’m sure you find that as surprising as me, as in not at all.

Today’s question is What Would Ruth Do? Justice Ginsburg lived a life actively and vigorously fighting for women to have the same rights as men in this world of ours, that includes Jacksonville Strippers. Once we’ve decided the legal age of adulthood is eighteen, we must not start picking and choosing particular professions and genders to protect from their own decisions. This is Big Brother at his worst, picking on adult women because Big Brother knows better how to lead their life than they do themselves.

Big Brother says young women are too weak of mind, too easily preyed upon, and we must protect them. Big Brother is, as usual, wrong.

The question is easily answered for me. What about you?

What would Justice Ginsburg Decide in this case?

View Results

Loading ... Loading ...

Tom Liberman

Does the POW/MIA Flag Flap Bother You?

Flag Flap

I can almost guarantee you the reason I’m bothered by the POW/MIA Flag Flap isn’t the same reason it bothers or does not bother you. Here’s the situation. Back in 1972 the flag was originally designed to recognize missing and imprisoned US service members, primarily associated with the Vietnam War. In 1990 a law was passed that it must be displayed on certain days. In 2019 the law was amended to insist that be displayed prominently every day.

It was originally displayed atop the Rotunda but was recently moved to a location dedicated to the purpose which can only be seen from select angles outside the White House. This move is being used for political purposes, largely by Democrats, to show how President Trump disrespects servicemembers. That’s the flag flap that bothers one group of people but not me.

I’m upset that legislation was enacted to force the flying of a flag in the first place. I’m not unsympathetic to the cause of missing and captured prisoners of war but the law and its update in 2019 are clearly the work of people who want you to think they are aligned with you. That’s the pattern of flag wavers in general. Look, I’m waving this flag really vigorously and that means I really care, that I’m really doing something.

Frankly, I find the entire need to show off your allegiance to a cause by making pledges, wearing lapel pins, and flying flags suspect from the beginning. The more you need to pretend you care, the more likely it is you simply don’t care at all. It’s a convenient and easy way to pretend and fool the easily duped, or more precisely, those who are willfully obtuse, who eagerly beg to be lied to in order to satisfy their view of the world.

Here’s the reality. Flying the POW/MIA flag is way for politicians to pretend they care. Another reality is that while there are technically 82,000 missing service members who this flag represents, all of them are dead. Countries like North Korea and Vietnam have large-scale scam operations designed to separate bereaved families from their money much like such operations fleece Christians in Turkey looking for Noah’s Ark.

This is a Flag Flap designed, from the beginning, to enflame political passions and achieves nothing else. The entire thing is a setup to gain support for one politician or another. There should be no laws regarding flags. If you want to display the flag, do so, I will use my constitutional rights to defend your freedom to do so. I understand you are passionate about the POW/MIA situation and you have every right to think the way you do.

Just remember; if the government can require flying a certain flag, you are ceding it the right to enforce it must not be flown. Both laws are wrong, the government should not have this power.

Tom Liberman

Comrade Trump does not Compute for Either Party

Comrade Trump

Comrade Trump made a statement the other day that was so outlandishly Communistic and Socialistic that neither party wants to talk about it at all. This pretty much sums up the state of the Democratic and Republican parties completely. Let me explain.

Apparently, Comrade Trump is angry at TikTok and there is speculation it is because one of its prominent members makes fun of Comrade Trump on a regular basis or that apparently users duped his campaign into overstating attendance at a rally. In any case, the fact that Comrade Trump is angry is indisputable. He is trying to force the Chinese owners of TikTok, ByteDance, to sell their U.S. operations to a company based in this country or he threatens to ban their services entirely, which is only the first part of the insanity.

If ByteDance manages to sell TikTok, Comrade Trump thinks that a significant percentage of the sale should be paid directly into the United States Treasury. His reasoning being that U.S. citizens by the tens of millions use TikTok and contribute to its profits and therefore its eventual sale price. Comrade Trump uses the wholly misguided National Emergencies Act to suggest almost anything he does is in the name of national security.

Here is where it gets, to use a term favorited by said president, pathetic. What Comrade Trump is suggesting is nothing short of communism. The all-powerful state can force a private company to sell its assets and take a portion of the price paid for that sale.

If Bernie Sanders was making this suggestion his many Socialist and Democratic supporters would cheer loudly and praise him for funneling corporate profits to the people upon whose backs those profits were reportedly earned. CNN would be trying to justify the madness in some sort of Constitutional twisting that makes a pretzel look like an arrow.

Likewise, if Sanders were to make said statement, my Republican, supposed business loving, friends would likely have some sort of apoplectic fit their screaming, ranting, and shouting would be so virulent as to cause dogs to flee and seek shelter under the bed. Fox news would be declaring the end of the world and you’d see pictures of the Constitution burning on their sensationalistic newscasts.

None of this is, of course, happening. Comrade Trump pretends to be a Republican so those aligned with him dare not express the outrage his turn to communism fully deserves. Meanwhile, those who support such misguided policies cannot, under any circumstances, suggest that he has at least one aim in alignment with their own goals.

Welcome to our failing country. Enjoy the comedy.

Tom Liberman

Why the President can Fire the CEO of the TVA

TVA

I just read a story about the Tennessee Valley Authority (TVA) and the fact President Trump fired its CEO and one board member. My first reaction was, what what what? How can a political entity fire the CEO of the TVA? It turns out the TVA is owned by the Federal Government although it receives no tax dollars and acts almost exclusively just like a private company. So, my second question is, what what what?

Where is my Time Travel Hat? I have to get to the bottom of this immediately. Did I leave it in the freezer again? No. In the tax document drawer? No. Ah, there it is in the Gloomhaven Box, how did it get there? Oh well, let’s see, still fits, spin three times, fancy colors, bright lights, dizzy spell, and, where am I?

Is that President Franklin Roosevelt over there? What is he saying, selfish purposes, let’s listen in: Never shall the federal government part with its sovereignty or with its control of its power resources while I’m president of the United States. Hmm, so he’s upset that public utilities are charging high prices. He wants the government to be in charge of electricity generation. Look at all the people applauding him including Republican Senator George Norris who just blocked Henry Ford from building a private dam and utility to modernize the Tennessee Valley.

I can’t believe I’m actually watching President Roosevelt signing the TVA Act which legally prevents competition in the valley. Only the government can build power plants and dams. Oh, I see, look there, in the back room, the politicians know the dams are going to flood out tens of thousands of residents, Native American sacred sites, so they are giving TVA Eminent Domain powers to simply kick people off who refuse to sell. Smart!

Oh, look there, is that Barry Goldwater and Ronald Reagan lambasting the power of the TVA and the fact government controls it instead of private industry, it sure is. Look there, they have their own police force! A net income of $1.12 billion in 2018. They’ve been profitable since 1977.

Uh oh, energy running low, flashing lights, and I’m back home. Whew. Another successful trip. What did we learn? The government shouldn’t own industries like the TVA for a number of reasons, one of them is politicians will feel free to intervene in business decisions for which they should have no authority whatsoever.

Why does President Trump have the authority to fire the CEO of the TVA? Because the government created a monopoly and crushed any chance for private industry competition.

How does the Supreme Court justify this Socialism? The Commerce Clause which allows the regulation of streams to keep them navigable and the War Powers Act because electricity is sometimes used in the creation of munitions. Seriously? I ask. Seriously?

Tom Liberman

The Government wants to be in the Business of Tech Censorship

Tech Censorship

The Congress of the United States is haranguing the CEOs of the top technology companies in an effort to justify the tech censorship itch of every politician. The very idea of government choosing what citizens get to read should hopefully make your skin crawl as much as mine. Tech censorship is a bad idea, read on and I’ll tell you why I think so.

Basically, the internet is filled with a bunch of crazy stuff. Go figure. Some idiots choose to believe this nonsense, again, go figure. Because some people are really stupid, the government has decided that I must be protected and the way to do this is to enforce tech censorship. Now, the government has any number of methods by which they can control content, including limited liability laws, which I railed against elsewhere. I’m not going to get into why limited government is vital but I want to focus on the inherent problems with tech censorship.

I think it’s pretty easy to make my case when we simply examine the words of the politicians as they verbally assaulted the CEOs. The tech companies have “too much power.” That’s a rich one coming from politicians who have brutalized the Constitution of the United States, designed largely to limit government power, into a scrap of tissue paper. It is clear politicians don’t want anyone else to have too much power, they find the thought frightening.

The tech companies are accused of, in the same breath, spreading fake news and censoring political speech. Well, when political speech is fake news, it seems irrefutable that we’ve got a Catch 22 on our hands. The proverbial police officer telling a suspect to freeze and raise her or his hands. Tech companies can’t defeat this line of questioning, which is exactly the point. There is nothing the tech companies can do to stop the spread of false information without also censoring political speech. The result of this is that whatever political party happens to be in power can, for all practical purposes, dictate what is “political speech” and what is “fake news”. Do you want politicians making that decision? I don’t.

The answer isn’t giving censorship power to government, the answer is to stop trying to censor at all, you can’t win. The politicians are hoping to trap tech companies by forcing them to censor fake news while calling them out for censoring political speech. The politicians want more power, they want the power to control what you read, what you see. The politicians will stop at nothing to get this power. They are the evil in this situation.

We must dispense with the idea of censorship altogether; despite the fact some people will post vile lies in an attempt to incite violence. We cannot trust government to keep us safe, we must trust ourselves, we must be personally responsible.

Government’s idea of safety is to put us in a dark cave with a plate of food and a bowl of water and then harangue us when we fail to lick its boot and thank it for doing so.

Tom Liberman

We are a Nation of Bullies

Nation of Bullies

The United States has officially transitioned from a scrappy group of underdog colonists fighting for freedom to a nation of bullies, intent upon forcing their vision of the country and the world onto anyone who disagrees, preferably with violence and some sort of almost sexual pleasure in causing suffering onto others. It is, perhaps, time to try again.

When the Founding Fathers gathered for the Constitutional Convention and planned to enumerate the laws of their new country, they faced Great Britain. A nation of bullies whose government agent thought they knew better what was best for the people of the colonies and were happy to enforce it through violence. How times have changed.

We now see law enforcement agents assaulting citizens not even with the excuse of a duly authorized law, passed by a morally bankrupt Congress, but simply upon an Executive Order from the President of the United States. When another chief executive passed orders regarding immigrants one half of the nation was duly outraged and feared exactly the sort of behavior they now endorse. We are, as a whole, a nation of bullies.

It is not that Republicans want to enforce their will upon Democrats alone. When the shoe was on the other foot it was actually the same. The powers that be would have you believe they are on opposite sides of this issue when they are behaving in exactly the same totalitarian way. Democrats happily enforce their version of the nation upon unwilling citizens and Republicans, with glee and hate that crosses the line into evil, do the same to citizens opposed to their vision.

It is my opinion, sad as I am to conclude such, that we have crossed Rubicon. Too high a percentage of the people of our nation have forgotten human decency. The majority of our people do not care about freedom, about liberty, about individual choice. They relish imposing their will upon those they deem wrong. We are now a nation of bullies.

It is when government agents take to the streets to violently enforce the dictates of an executive that has been given far too much power by a complacent people and a weak Congress that We the People are forced to rectify matters.

Perhaps I am wrong, maybe we have not yet reached a point where too high a percentage of people care more about forcing others into compliance than they do about freedom and liberty, regardless of the political party. Hopefully, I am wrong. What I see is a nation of bullies. A nation of people gloating and preening in revolting pleasure as their political foes are assaulted and have their freedom stripped from them.

The gloaters, on all sides, are apparently not empathetic enough to see how a nation of bullies is also a nation of victims and, eventually, not a nation at all.

Tom Liberman

Why is Justin Amash not Running for Reelection?

Justin Amash

I posted a comment when Ben Shapiro noted on his Facebook page that Justin Amash would not run for reelection in Michigan’s 3rd District where he has served for ten years. As the only Libertarian in Congress, Amash has views that tend to align with my own and I expressed support for Amash and the decision he made but also sorrow that he would no longer represent my interests in Congress.

A number of replies to my comment suggested the reason for Amash not running was his political ideology no longer represented that of his district. I agree with this sentiment and that’s the entire purpose of elections. However, I disagree with the generally expressed hypothesis for the reason the two no longer aligned. This was Amash changed his political ideology starting in 2016 and fully in 2019 when he changed his party affiliation first to Independent and then a Libertarian.

While Amash listed himself as a Republican he has always been a Libertarian in sentiment at least. His voting record dating back to when he first entered Congress shows a great willingness to vote against the Republican party when his views did not align with it and along with the party when their views aligned.

For example, back in 2012, despite being a pro-life advocate, he voted against the Prenatal Non-Discrimination Act which would have outlawed abortions because the parent did not like the gender of their fetus. He did so for the simple reason that it was ineffective, impossible to enforce, and that thought should not be illegal. At the time he stated, and I think still believes, all abortions should be illegal. It is clear he was always an independent thinker and believed the Constitution superseded any so-called moral authority. He was elected by his district multiple times after this vote.

You can examine his record thoroughly on his Wikipedia entry but even a cursory examination reveals a Libertarian who believes the Constitution is the law the land, not a political party or a person. He has exactly the same political ideology today as he had when first elected to Congress.

The hypothesis is that Amash suddenly changed in 2016 and that is why the voters of his district no longer want him. I reject this line of thought based on the evidence of his consistent voting record since arriving in Congress.

The political ideology that you held dear when you elected Amash, you now reject because those breaking the laws of our land now identify as Republicans instead of Democrats. Limited government, reduction of deficits, separation of powers, freedoms guaranteed by the Constitution.

My hypothesis is that Amash did not change at all. You did.

Tom Liberman