Reason.com: California Considers Adopting a Homeless Bill of Rights

The Homeless Bill of Rights, the name applied to a new bill that recently soared through the California Assembly’s Judiciary Committee on a 7-2 vote, is the latest in a long line of California legislation that has grabbed national attention for its sheer lunacy. At the current rate, California’s “differently sheltered” will be the only residents left with any rights.

Its worst provisions have been stripped away and I doubt the governor will sign something that so thoroughly offends city officials, but the proposal does epitomize the mock-worthy nature of so much of the thinking that dominates this state’s government. Legislators in all states introduce crazy stuff to make a point. But in California, these strange bills can actually make it to the governor’s desk.

The homeless bill’s author, Assemblyman Tom Ammiano (D-San Francisco), deserves credit for at least identifying a real problem, which is an oddity in a Legislature that usually avoids reality. Homelessness is rampant in California, and the troubled people who wander our streets often have nowhere to go as they get chased from one location to the next.

Homelessness is a vexing problem, but the solution is not to make the homeless a protected class of citizen with a constitutional right to urinate on sidewalks and accumulate piles of vermin-infested clothing in city parks. Instead of giving the homeless a place to live, the state government wants to give them taxpayer-subsidized lawyers.

The bill features overstated civil-rights-oriented language. It notes that California has “a long history of discriminatory laws and ordinances that have disproportionately affected people with low incomes.” The language refers to Jim Crow laws and anti-Okie laws.

Cities here struggle – sometimes clumsily and unfairly – with throngs of people who camp out in city parks and sleep on sidewalks and in doorways. There is a legitimate public issue here.

When I worked in a downtown Sacramento office building, my colleagues and I joked about being in a scene from a zombie movie. As we walked down the street, homeless people would limp toward us, hands out, demanding money. One of my reporters was assaulted by one. In a well-publicized incident near my old office, a homeless woman shot a man in a wheelchair after he told her to get a job. It’s not always unreasonable to try to shoo them away.

The homeless – many of whom are mentally ill or have substance-abuse issues – need compassion and social services (preferably ones provided by non-profits, rather than by government bureaucracies more interested in creating big pensions for their employees). Instead they are used as pawns for a politician’s political posturing.

The most objectionable language has already been removed. Critics have mocked the now-deleted provision that guaranteed homeless people “the right to engage in life sustaining activities that must be carried out in public spaces.” That includes eating, congregating, collecting personal property, and urinating. I’ve known non-homeless people who have received a citation for peeing in public, but a homeless person would have been exempt had the original language remained intact.

—-

Click below for the full article.

http://reason.com/archives/2013/05/03/homeless-bill-of-rights-showcases-califo

 

Judge Napolitano: Theodore and Woodrow, New Book

Missed that this came out a few months ago, but below is the trailer for Judge Andrew P. Napolitano’s new book “Theodore and Woodrow.”

A harsh and revealing political exposé of two beloved presidents.

Judge Andrew P. Napolitano reveals how Teddy Roosevelt, a bully, and Woodrow Wilson, a constitutional scholar, each pushed aside the Constitution’s restrictions on the federal government and used it as an instrument to redistribute wealth, regulate personal behavior, and enrich the government. These two men and the Progressives who supported them have brought us, among other things:     -the income tax     -the Federal Reserve     -compulsory, state-prescribed education     -the destruction of state sovereignty     -the rise of Jim Crow and military conscription     -prohibition and war

The Progressive Era witnessed the most dramatic peaceful shift of power from persons and from the states to a new and permanent federal bureaucracy in all of American history.

THEODORE AND WOODROW exposes two of our nation’s most beloved presidents and how they helped speed the Progressive cause on its merry way.

 

RON PAUL: The Internet Tax Mandate Is Backwards Thinking

ron paul

David French, Senior Vice President of the National Retail Federation, the major  industry group lobbying for the so-called “Marketplace Fairness Act,” (more  aptly named the “National Internet Tax Mandate”) recently commented that “….the  law [governing Internet sales]  today is a 20th-century interpretation of an 18th-century document….”  Mr.  French’s comments are typical of those wishing to expand government power beyond  the limits established by the United States Constitution.

Those of us who insist the federal government remain within  the confines prescribed by the Constitution are used to condescending lectures  about how the Constitution is a “living document” whose principles evolve over  time.  I was even once informed by the then-Chairman of the House Committee  on Foreign  Affairs, who was widely considered one of Congress’ leading constitutional  authorities, that the constitutional requirement for a declaration of war was an  anachronism!

While Mr. French may not go that far, he is arguing that  Congress turn the Commerce Clause on its head by passing the Internet Tax  Mandate.  The Commerce Clause was intended to facilitate free trade by  giving the federal government limited power to ensure state governments did not  impose taxes  and regulations on out-of-state business.  Contrary to modern belief, the  Commerce Clause was not intended to give Congress power to regulate every sector  of the economy.  And the Commerce Clause was certainly not intended to  allow Congress to help state governments collect taxes on purchases from  out-of-state merchants.

The National Internet Tax Mandate overturns the Supreme  Court’s 1992 Quill v. North Dakota decision  that states can only force businesses to collect sales tax if the business has a “physical presence” in the state.   Quill represented a rare instance where the  Supreme Court properly interpreted the Commerce Clause.  Thanks to  the Quill decision, the Internet has  remained a tax-free zone, though some states require consumers to later pay  taxes on products they purchased online.  This freedom has helped turn the  Internet into a thriving and dynamic sector of the economy, to the benefit of  entrepreneurs and consumers.

Now that status is threatened by an alliance of big business  and tax-hungry state governments seeking new powers to force out-of-state  business to collect state sales taxes.  Far from updating the Constitution  to fit the needs of the 21st century, the  National Internet Tax Mandate is a throwback to  18th century mercantilism.

The National Internet Tax Mandate will raise the costs of  doing business over the Internet. Large, established Internet companies, such as Amazon,  can absorb these costs, whereas their smaller competitors cannot.  More  importantly, the Mandate’s increased costs and regulations could prevent the  creation and growth of the next Amazon.

Raising prices on goods purchased over the Internet will also  impose an additional hardship on American consumers, many of whom are already  struggling because of the troubled economy.  And giving ravenous state  governments new authority to tax sales made by out-of-state businesses  practically guarantees future sales tax hikes, as the arguments will be made  that most of the increases will fall on out-of-state businesses.  These  businesses will lack effective ability to oppose the tax increases — a form of  taxation without representation.

Contrary to Mr. French, it is the proponents of the National  Internet Tax Mandate who are embracing outdated principles, such as higher taxes  on prosperity, piling more regulations on already over-burdened workers, and  legislation designed to help entrenched businesses at the expense of their  smaller competitors and consumers.  Opponents of the Internet Tax Mandate  recognize that the principles of limited government and free markets represented  by a true reading of the Commerce Clause provide a timeless guide to economic  growth and prosperity.

—-

Click below to read the article on Business Insider’s website by Dr. Ron Paul, former Texas Congressmen and current Chairman of the Campaign for Liberty.

http://www.businessinsider.com/ron-paul-internet-tax-mandate-2013-5

Reason.com: Zero Tolerance Watch, Teen Faces Felony Charges for Science Experiment

Meet Kiera Wilmot, a 16-year-old student in Bartow, Florida. Before last week, Bartow High School Principal Ron Pritchard tells WTSP-TV, she had “never been in trouble before. Ever.” But then, the station reports, she

The face of terror, apparently.mix[ed] household chemicals in a tiny 8-ounce water bottle, causing the top to pop off, followed by billowing smoke in [a] small explosion.
Wilmot’s friends and classmates said it was “a science project gone bad, that she never meant to hurt anyone.”
Even the teen’s principal said, “She made a bad choice. Honestly, I don’t think she meant to ever hurt anyone. She wanted to see what would happen [when the chemicals mixed] and was shocked by what it did. Her mother is shocked too.”
The explosion happened around 7 a.m. Monday morning on school property, and no one was hurt. Staff, along with the school resource officer, acted quickly.
The principal told 10 News, “She told us everything and was very honest. She didn’t run or try to hide the truth. We had a long conversation with her.”

So: No one was hurt. There’s no sign that Wilmot was up to something malevolent. The kid’s own principal thinks this wasn’t anything more than an experiment, and he says she didn’t try to cover up what she had done. What punishment do you think she received? A stern talking-to? A day or two of after-school detention? Maybe she’ll have to help clean up the lab for a week?

Nope. The budding chemist has been kicked out of school and charged with a couple of felonies:

Wilmot was arrested Monday morning and charged with possession/discharge of a weapon on school property and discharging a destructive device.
The teen was expelled and will now complete her education in an expulsion program.

Miami New Times reports that Wilmot will be tried as an adult.

A statement from Polk County Schools says, “We urge our parents to join us in conveying the message that there are consequences to actions. We will not compromise the safety and security of our students and staff.” As far as I can tell, the only person in this story facing a serious threat to her safety and security is the girl who might have to serve a prison sentence — but then, she doesn’t go to Bartow High anymore, so perhaps the school system doesn’t think she counts.

Gene Healy: No More Tax Dollars for Presidential Libraries, Let America’s former presidents burnish their legacies on their own dimes.

Last week, at the dedication of the George W. Bush Presidential Library and Museum, President Obama and former Presidents Bill Clinton and Jimmy Carter put partisanship aside and descended on the Southern Methodist University campus in Dallas to say nice things about our 43rd president, (They’re all in the same racket, after all.)

At 226,560 square feet and a cost of $250 million, the Bush Presidential Center is the biggest and most expensive yet of the 13 presidential libraries that one scholar has derisively called “America’s Pyramids.”

One of the key exhibits at the Bush megalith is Decision Points Theater, a virtual Situation Room wherein visitors can “consult” video advisers and make their own calls on some of the “Decider’s” key decisions, like war with Iraq, the response to Hurricane Katrina, and bailing out the banks.

As Bush put it in an interview with CNN’s John King, “hopefully, people will go to the Decision Points Theater and say, ‘Wow, I didn’t understand that’ or ‘I now understand it better.’ ”

In Decision Points Theater, if you decide not to go to war with Iraq, “43” himself comes onscreen to tell you flatly that you’re wrong: “Saddam posed too big a risk to ignore. … The world was made safer by his removal.” Bush is entitled to his own spin on the decisions he made, but he should burnish his legacy on his own dime.

Though the libraries’ construction is privately funded, they’re managed by the National Archives and Records Administration, using federal tax dollars.

Last year, it cost the American taxpayer some $75 million to keep them open.

—-

Click below for the full article.

http://reason.com/archives/2013/04/30/no-more-tax-dollars-for-presidential-lib

Andrew Napolitano: More Holes in the Fourth Amendment

Here they go again. The Obama administration has asked its allies in Congress to introduce legislation that would permit the feds to continue their march through the Fourth Amendment when it comes to obtaining private information about all of us.

The Fourth Amendment, which guarantees the right to be left alone, was written largely in response to legislation Parliament enacted in the colonial era that permitted British soldiers to write their own search warrants and then use those warrants as a legal basis to enter private homes. The ostensible purpose of doing that was to search through the colonists’ papers looking for stamps, which the Stamp Act required the colonists to affix to all documents in their possession. The laws that permitted the soldier-written search warrants and the Stamp Act were the British government’s fatal political mistakes, which arguably caused a major shift in colonial opinion toward secession from Britain 10 years before the bloody part of the Revolution began.

After the Founders won the Revolution, the framers wrote the Constitution in large measure to assure that the new government in America would not and could not do to Americans what the king had done to the colonists. Hence the Fourth Amendment’s requirement that only judges issue search warrants and only after the governmental agency seeking the warrants presents evidence under oath of probable cause of crime. Regrettably, that was weakened after 9/11 with the enactment of the Patriot Act.

The Patriot Act – written in defiance of the Constitution and in ignorance of our history – permits federal agents to write their own search warrants, just as the king and Parliament had permitted British soldiers to do. Those agent-written search warrants are intended to be limited to the search for evidence of terror plots and are theoretically limited to the seizure of physical records in the custody of third parties, like lawyers, doctors, hospitals, billing clerks, telephone and Internet carriers, and even the Post Office. (Did you know that federal agents can see your mail and your legal and medical records without permission from a judge?) This abominable piece of legislation sacrificed freedom for safety and enhanced neither.

Now the feds want even more personal liberty sacrificed – this time to make it easier for them to collect digital information.


The Obama administration wants legislation enacted that will punish Internet service providers who fail to cooperate with FBI requests and court orders. The FBI has revealed that its agents often “lack the time” to obtain search warrants, and so they have gotten into the bad habit of asking Internet service providers to let them in without warrants.

This was notoriously done in the Bush-era, during which the feds promised immunity to telephone service providers that enabled the feds to spy on their customers. That spying was criminal and gave rise to civil causes of action for damages, as well, until Congress changed the law retroactively and granted the promised immunity after the Bush administration spying was exposed.

—-

Click below for the full article.

http://lewrockwell.com/napolitano/napolitano99.1.html

CBS Seattle: Teachers Shocked, Frightened After School Holds Unplanned Shooting Drill

Teachers were shocked and caught off guard when an Oregon school held a school shooting drill.

The Oregonian reports Pine Eagle Charter School in Halfway held the drill last Friday as children were home for an in-service day. Two masked “gunmen” burst into a meeting room holding 15 teachers firing blanks. Teachers only realized it wasn’t a real shooting when none of them were bleeding.

“There was some commotion,” school principal Cammie DeCastro told The Oregonian.

Teachers were frightened about what happened.

“I’ll tell you, the whole situation was horrible,” Morgan Gover told the paper. “I got a couple in the front and a couple in the back.”

The school held the unplanned drill in hopes to better educate teachers on how to deal with a school shooting. Of the 15 teachers in the room, only two would have survived.

“I’m in charge of a pile of kids,” Gover told The Oregonian. “It made me analyze as a teacher what my role is for these babies.”

The drill has been criticized but the school has dismissed the criticism.

“For us not to know how we were going to respond is leaving us open,” DeCastro told The Oregonian.

DeCastro added that arming teachers or having armed volunteers at the school are possible outcomes for the future.

—-

Click below for the full article.

http://seattle.cbslocal.com/2013/05/02/teachers-shocked-frightened-after-school-holds-unplanned-shooting-drill/

Disinfo: Out of All Drugs Legal And Illegal, Which Ones Kill?

drug_overdose

If we were to have a sane and adult conversation about drug use and abuse in America instead of waging a war on drugs the same way we wage a war on terror, we might come to the realization that  we’re letting the bad ones in our homes freely while some of the most helpful to improving the quality of life of the average person carry some of the highest minimum prison sentences of all, while touting an infinitesimal number of related deaths.  Some of you may have read Thad McKracken’s well thought out article on the state of drugs in society today.  The numbers fall in lockstep with his thoughts.

It turns out that, aside from Alcohol, Big Pharma is the #1 killer  while drugs that have been used traditionally as entheogens hardly appear in the statistics at all.  Drugs like LSD, DMT, Marajuana, Peyote and other psychedelics are used as a religious sacrament in many belief systems around the world, but are vilified because of their tendency to provide people with what Terence McKenna simply called ‘funny ideas’.

Popsci.com reports:

In 2010, there were 80,000 drug and alcohol overdose deaths in the U.S., according to the Centers for Disease Control and Prevention’s WONDER database. The database, maintained by the National Center for Health Statistics, keeps a tally of all the deaths listed on certificates nationwide. They’re classified by the ICD-10 medical coding reference system.

Death reporting in the U.S. requires an underlying cause—the event or disease that lead to the death. This chart represents all those listed in the CDC database as “accidental poisoning,” “intentional self-poisoning,” “assault by drugs,” and “poisoning with undetermined intent.” In addition to the underlying cause, a death certificate has space for up to 20 additional causes. That’s where “cocaine” or “antidepressants” would show up. The subcategories are limited in their detail—many drugs are lumped together, like MDMA and caffeine, which are listed together as “psychostimulants.” And about a quarter of all overdose death certificates don’t have the toxicity test results listed at all, landing them in the “unspecified” stripe.

—-

Click below to access the article on disinformation.

http://disinfo.com/2013/04/out-of-all-drugs-legal-and-illegal-which-ones-kill/#sthash.YcXRCkak.HNN1sB0a.dpbs

FOX NY: 30 arrested in NY during rally against drones

Thirty people protesting against unmanned aerial drones outside Hancock Field  Air Force National Guard Base have been arrested.

The Post-Standard  reports that the arrests Sunday came after a series of rallies and  workshops held in Syracuse over the weekend by the Upstate Coalition to Ground  the Drones and End the Wars.

A group of people lying on the base’s driveway were arrested. Charges include  disorderly conduct, obstructing governmental administration and loitering. About  250 people had marched to the gates, some pounding drums and chanting.

The base is home to the 174th Attack Wing of the New York Air National Guard,  which operates unmanned, armed drones. They are used for intelligence gathering  and bombing ground targets.

—-

Click below for the full article.

http://www.myfoxny.com/story/22104555/30-arrested-in-ny-during-rally-against-drones