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Opinion from a Libertarian ViewPoint

Posts Tagged ‘mandates’

Joe Biden’s Mask Mandate Is Only The Beginning – Issues & Insights

Posted by M. C. on August 15, 2020

https://issuesinsights.com/2020/08/14/unmasking-joe-bidens-and-kamala-harris-plans-to-control-americans/

I&I Editorial

At a briefing on Thursday, Joe Biden called for a nationwide mask-wearing mandate “for the next three months at a minimum.” Never mind that such a federal mandate is likely unconstitutional, this is just one of a multitude of areas where Biden, and his running mate Kamala Harris, want to impose the federal government on even the most mundane of actions by Americans.

It is surely worth noting, especially by those who claim to value liberty, that Biden and Harris eagerly desire to take much of it away, always in the name of some greater good. Indeed, over the course of their campaigns, the two have proposed either to outlaw or force so many things there’s not enough room to list them all here.

So, as a reader service, we’ve gathered up a sampling of things they say they want to either ban or mandate should they gain access to the White House.

Bans

Plastic straws: When Harris was asked at a town hall whether the federal government should ban plastic straws, her answer was, “I think we should, yes.” Biden didn’t go that far, but did say that “I don’t think we should be using plastic straws anymore.”

Plastic bags: Biden did, however, say he favored a ban on plastic grocery bags. “I agree with you, 100%,” Biden told a woman at a campaign stop. “We should not be allowing plastic. What we should do is phasing it out.”

Gas-powered cars: Biden pledges that he will impose fuel economy mandates that will “ensure” 100% electric cars. Harris, meanwhile, was a co-sponsor of The Zero-Emission Vehicles Act, which would outlaw the sale of new gas-powered cars starting in 2040.

The death penalty: Biden used to support the death penalty, but flipped so he could appeal to his party’s left wing. Now he says that “Because we can’t ensure that we get these cases right every time, we must eliminate the death penalty.” Many Democratic presidential candidates echoed the same message.

Private prisons: Biden promises to “end the federal government’s use of private prisons,” says his campaign website, “And he will make clear that the federal government should not use private facilities for any detention, including detention of undocumented immigrants.”

New oil and gas leases on federal lands and offshore: In a March debate, Biden promised that if elected there would be “no more drilling on federal lands, no more drilling, including offshore, no ability for the oil industry to continue to drill, period, ends, number one.” Later his campaign said he meant only to ban new permits.

Fracking: Biden has tried to straddle the fracking issue, but Harris said during her primary campaign that she supports an outright prohibition. “There is no question I am in favor of banning fracking.”

“Assault” Rifles. Both Biden and Harris promise to ban so-called assault rifles such as the AR-15, but Harris went much further. She promised that if elected she would impose a mandatory buyback program. “We have to work out the details — there are a lot of details — but I do” support a forced buyback, Harris said. “We have to take those guns off the streets.” The Washington Examiner reported last August that Harris was even open to the idea of sending the police into homes to confiscate guns.

Right-to-work laws: In a sop to their union benefactors, both Biden and Harris promise to overturn the right-to-work laws in effect in 28 states. Harris said the president needs “to speak up about the need and the right workers have to be able to organize and fight for their rights … It has to be about banning right-to-work laws”.

Trump from Twitter: Harris pushed Twitter to ban President Donald Trump from Twitter. “Twitter should be held accountable and shut down that site,” Harris said during one of the Democrats’ debates.

Social media hate speech: Harris also wants to ban “hate speech” on social media. ”We will hold social media platforms accountable for the hate infiltrating their platforms because they have a responsibility to help fight against this threat to our democracy,” Harris said during her campaign.

Private health insurance: During the campaign, Harris said she favored a ban on private insurance, then retreated somewhat. The health plan she eventually released would have ended up putting private insurance out of business. Biden says he wants to “build on ObamaCare,” but his “public option” would also result in the eventual destruction of private insurance.

Mandates

Masks: Biden hasn’t specified how he’d enforce a nationwide a requirement to wear masks, or explained how it could be constitutional. As James Phillips and John Yoo pointed out, “There is nothing that authorizes a President Trump now, or a President Biden tomorrow, to mandate face coverings nationwide via executive power. Congress has not enacted any such law for the president to enforce. Masks do not fall under the president’s power as commander in chief, nor do they plausibly come within any of his other executive authorities, such as granting pardons or nominating officers.”

Government-approved insurance: Biden promises that he will reimpose the hated ObamaCare individual mandate — along with the mandate tax — to buy government-approved insurance.

$15 minimum wage: Biden and Harris both endorse this, despite the adverse impact it will have on jobs.

Equal Pay: “Equal pay for equal work. It’s common sense. It’s also overdue. Let’s close the gap & let’s do it now,” Biden tweeted.

Six months paid parental leave: Harris proposed this during her campaign, saying that “Guaranteeing six months of paid leave will bring us closer to economic justice for workers and ensures newborn children or children who are sick can get the care they need from a parent without thrusting the family into upheaval,”

A third Federal Reserve mandate: Little noticed has been Biden’s promise to add a third mandate to the Federal Reserve’s charter, (which already has one mandate too many). In addition to containing inflation and maximizing employment, Biden would have the central bank  “aggressively target persistent racial gaps in job, wages, and wealth.” The Wall Street Journal called it “a promise to politicize the Federal Reserve in a whole new way.”

The bottom line is that if you cherish freedom, you will get a lot less of it in a Biden-Harris administration. However, if you like the federal government bossing you around in every corner of your lives, then they are the candidates for you.

— Written by the I&I Editorial Board

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Want Less Police Brutality? Write Less Laws

Posted by M. C. on July 22, 2020

The people who support eliminating police violence also regularly support the passage of new mandates, redistribution schemes, and regulatory impositions. Without police, how do they think all these new laws and rules will be enforced?

By advocating for more laws, rules, and taxes, these people are effectively advocating for an increase in police violence. Abolishing the entity called “police” won’t solve the issue, since the state will inevitably have to form a new entity that does all the same things and has all the same powers.

https://libertarianinstitute.org/articles/want-less-police-brutality-write-less-laws/

by

One of the most perplexing displays of cognitive dissonance this year is the strong support for a large state can be found within the various protest movements that are targeting the issue of law enforcement misconduct. Logically, groups opposing police misconduct should also be strong supporters of the libertarian ideology. However, this does not appear to be the case. This movement, oddly enough, has quite a bit of overlap with support for gun control, the welfare state, and more regulation. The central organization, Black Lives Matter, is a fully Marxist entity.

Socialism, Marxism, communism, and other ideologies revolve around the strong or total domination of the state in everyday life. The state, as defined by Murray Rothbard in Anatomy of the State, is an “organization in society which attempts to maintain a monopoly of the use of force and violence in a given territorial area.” The way the state maintains authority within its jurisdiction is with the application of laws.

The Nature of a Law

A law is defined as “a rule of conduct or action prescribed…or formally recognized as binding or enforced by a controlling authority.” It is a set of rules that either obligate or forbid action with a penalty for failure to comply. While it may sound good to have a set of rules that individuals must adhere to and penalties to incentivize compliance, the nature of those penalties is where we run into issues.

While laws may have formally designated penalties for noncompliance, those penalties can be best viewed as a minimum sentence. The maximum penalty for failure to comply with any given law is execution of the perpetrator. While this sounds like hyperbole, it’s important to understand why this is the case and how law enforcement must resort to this.

Take a case of counterfeit money. The sentencing guidelines for counterfeiting money are a sixteen-month minimum and in some states a fine with a maximum prison sentence of twenty years. However, what if the accused refuses to show up in court? The court could then find the perpetrator guilty in absentia and apply the sentence and fine. Should the person refuse to part with their resources or report to prison, the court would then order an enforcement agent to collect the accused. This is also what could happen should the accused refuse to show up for court itself. And should the accused resist this arrest? This is where grievous bodily harm up to and including death can occur.

If you think this is hyperbole, this is exactly the situation that led to the death of George Floyd; a twenty-dollar counterfeit bill and refusal to be taken into law enforcement custody.

The reason state agents resort to killing an accused for refusal to comply is that, despite the verbal claims to the contrary by the state itself, there is no other way to ensure compliance with laws. If the general public knows that the worst the state will ever do is send easily ignored bills in the mail for fines, then laws would never be followed and the state would collapse. Because the state is an institution of violence, all laws must be backed with violence. The state may be careful to conceal this reality, but the ultimate refusal of compliance is always a summary execution.

More Laws Means More Violence

Police brutality, in a sense, is just a matter of numbers. As the number of interactions with an enforcement agent increase, the number of instances of violent interactions will also increase. If the odds of death from a single interaction remain the same, or even decline, this can be overwhelmed if the legal system expects greater instances of interaction with the general public through the application of more laws.

This can be demonstrated by the increasing number of death by legal intervention within the baseline white ethnicity in the United States in the aftermath of the war on drugs, particularly after the 1984 Sentencing Reform ActPer a Harvard study, the rate of killings via legal intervention of whites in 1985, the year after the US government decided to get tough on crime, stood at 0.28 per 100,000. By 2005 this number had risen to 0.37 per 100,000, an increase of 32 percent.

The reason I used whites as the baseline is due to the high volatility in the black legal intervention deaths. The underlying increase in the white death rate could indicate that the improvement in the black victimization rate should be even steeper than is reported now, but the overall impact is difficult to identify with other factors overwhelming the effects.

Further evidence that more law means more violence can be found in strong statist regimes. Enforcement killings in regimes like Venezuela are significantly worse and large-scale executions have been used to ensure legal compliance in societies like Maoist China and the Soviet Union. A society that believes it can solve all of its problems with the imposition of law will inevitably find itself engaging in large-scale killings to enforce it. The more aggressive the attempt at transforming society through legal imposition, the more aggressive the killing will be.

Don’t Just Defund the Police, End State Law

This is where the cognitive dissonance with the defund police movements comes into play. The people who support eliminating police violence also regularly support the passage of new mandates, redistribution schemes, and regulatory impositions. Without police, how do they think all these new laws and rules will be enforced? If taxation were a voluntary affair, few individuals would turn a substantial portion of their annual earnings over to the state for redistribution. If gun control were a suggestion, few people would make any effort to submit to the FFL (Federal Firearms License) sales regulations.

By advocating for more laws, rules, and taxes, these people are effectively advocating for an increase in police violence. Abolishing the entity called “police” won’t solve the issue, since the state will inevitably have to form a new entity that does all the same things and has all the same powers. Outlets like Vox can advocate for the creation of mobile response units and community mediators all they want; these entities are, from the viewpoint of the state, toothless without any means to initiate violence to ensure compliance with rules. Community mediators will either find themselves armed or calling on some newly created entity that looks and acts a lot like current police but is called something different to deal with a belligerent individual who refuses to follow the mandate. As anyone with a glove box filled with unpaid parking tickets can tell you, it’s easy to ignore a piece of paper with a fine on it. The state is going to inevitably need an armed, violent agency to handle noncompliant individuals.

The only way to ensure an end to police brutality is not concocting new entities with different names or, worse, focusing on the ethnic element of it, as all that does is try and argue that police violence is fine so long as it’s dished out equally along ethnic lines. The only way is to abolish the state. Without a state, there is no state law. Without state law, there isn’t a need for enforcement by an entity that operates with the language of violence. Without violent enforcement, there isn’t anyone getting killed for noncompliance.

Private structures have little incentive to kill noncompliant actors, and they are able to create stronger enforcement structures than state actors can. Social ostracizing, ejection from business groups, or a ban from a shop would have an equally strong impact compared to the threat of violence. Further, private security agencies that quickly utilize violence would find themselves undesired by customers and lose favor, especially if these agencies create the impression that they are against a particular group of potential customers.

As nice as it would be to believe that police can exist solely as a protection service, this isn’t the case. There’s a reason they’re called law enforcement and not protective services. The U.S. Supreme Court has already definitively told us that our police agencies have no obligation to protect anyone. Their only priority is enforcing the laws, and as those laws expand, the chances we’ll find ourselves interacting unfavorably with an enforcer will increase.

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