Category: Liberty

  • ‘Honest services’ law expansion sought

    While the U.S. Supreme Court has attempted to limit the application of vague “honest services” statutes, the Obama Administration is working to restore what the Wall Street Journal describes as “essentially unlimited prosecutorial discretion to bring white-collar cases.”

    David Rittgers of the Cato Institute explains the meaning of this law: “The ‘honest services’ statute criminalizes ‘a scheme or artifice to deprive another of the intangible right of honest services.’ This criminalized an employee lying to his employer, and as Justice Scalia pointed out, ‘would seemingly cover a salaried employee’s phoning in sick to go to a ball game.’ Prosecutors were able to get those convicted up to five years in federal prison, a $250,000 fine, or both.”

    On the impact of the laws, Rittgers writes: “As a practical matter, the law gave federal prosecutors the power to criminalize objectionable behavior, conflating the merely unethical with the intentionally criminal. Behavior that was not illegal under state law (particularly state ethics requirements for public officials) became illegal under federal law.”

    In other words, the power of prosecutors was vast. While the Court rewrote the law, Rittgers contends that little has changed.

    The Journal notes how the honest services laws amount to a large expansion of the criminal justice system, and is used as a method of back-door business regulation: “Among the multitude of federal, state and local laws, there is little human behavior, much less criminal activity, that remains outside the reach of the justice system. Federal white-collar criminal statutes have multiplied in recent years, often as a way to regulate business conduct.”

    The vagueness of this law troubles Timothy Sandefur, an attorney at the Pacific Legal Foundation and Cato Institute Adjunct Scholar. In his article Get Rid of Vague Laws: They impede on individual rights and economic freedom, he explained the danger of vague laws: “There’s probably nothing more dangerous to individual rights than vaguely written laws. They give prosecutors and judges undue power to decide whether or not to punish conduct that people did not know was illegal at the time. Vagueness turns the law into a sword dangling over citizens’ heads — and because government officials can choose when and how to enforce their own interpretations of the law, vagueness gives them power to make their decisions from unfair or discriminatory motives.”

    Sandefur notes that vagueness combined with proliferation of criminal laws gives government large power over citizens: “Combine vagueness with the ever expanding number of statutes and regulations affecting businesses and entrepreneurs on a daily basis and the result is a government bureaucracy with almost unlimited power to intimidate and blackmail citizens with the threat of prosecution — or to punish practically any conduct they choose to declare ‘illegal.’”

    Sandefur explains this and more in an audio broadcast The Intangible Right of Honest Services.

    The Journal piece also warns of the danger of vague laws: “Vague laws are invitations to legal mischief. In his recent dissent in Sykes v. U.S., Justice Antonin Scalia wrote that ‘We face a Congress that puts forth an ever-increasing volume of laws in general, and of criminal laws in particular. It should be no surprise that as the volume increases, so do the number of imprecise laws.’”

    What is troubling are the efforts by the Obama Administration and some members of Congress to undo what limits the Court applied, and also their efforts to expand the power of prosecutors. An assistant U.S. attorney general told Congress that it needed to “remedy” the Court’s decision. The Journal also reports there are three bills in Congress that would “[expand] the reach of prosecutors to go after unpopular politicians or businesses whom they can’t pin with a real crime.”

    An example is a bill introduced in the last Congress by Vermont Senator Patrick Leahy, titled “Honest Services Restoration Act.” In the current Congress, virtually identical legislation has been introduced under the title H.R. 1468: Honest Services Restoration Act. It was introduced by Representative Anthony Weiner of New York, who is no longer serving in Congress.

    The Journal article is Return of ‘Honest Services’: Politicians try to restore prosecutorial powers that the Supreme Court killed (subscription required).

  • Lies of liberal progressives, Sunday edition

    On the C-SPAN television program Washington Journal (Sunday August 14, 2011) Democratic strategist Mark Mellman appeared and gave viewers a lesson on how the political left lies and distorts in order to score political points against what it sees as easy targets.

    Mellman said: “The tea party comes out, and has really done real damage to this country. Most people in this country think it’s okay to to stop giving subsidies to oil companies. The tea party says no. Most people say it’s okay in the country to make corporate jet owners pay taxes, or hedge fund managers pay taxes. The tea party says no, you can’t do that, you only have to cut spending. And what spending do they end up cutting? They want to cut Medicare, they want to cut Social Security. Those are the plans that have been put forth by the Republican Party.”

    Mellman is not alone in his use of these lies and distortions. They are stock talking points of the Democratic Party and liberals or progressives. It’s a low form of demagoguery that picks a few targets that are easy to stir up hatred for, and then distorts facts without any regard for the truth.

    On the oil industry, for example: The magnitude of the subsidies and tax breaks to the oil industry is about $4 billion per year. Eliminating this is not going to come anywhere close to balancing the budget. As a matter of fact, this annual amount that President Obama complains about is just about what the U.S. borrows each day to cover its spending in excess of its revenues.

    But being a relatively small amount is not a reason for ridding the tax code of these measures, even though some of the tax measures appear to be similar to treatment that all industries receive, such as the ability to intangible costs associated with drilling a well. To the extent that conservatives and tea party groups oppose eliminating special tax treatment of the oil industry or any other industry, they become just another special interest group. It is essential for our country to eliminate preferential tax treatment and the spending of money through the tax system.

    Regarding Mellman’s assertion that we need to “make corporate jet owners pay taxes” — with the implication that presently they pay no taxes: This is a lie. The measure Mellman refers to is an economic incentive implemented in the form of accelerated depreciation for purchasers of corporate jets. This provision allows companies to deduct depreciation costs from their income sooner, so they save on taxes now rather than later.

    (This incentive, by the way, was part of President Obama’s stimulus bill passed in February 2009.)

    Depreciation is an accepted concept that allows companies to recognize the costs of their capital investments over time, which is appropriate for purchases of long-lived assets like airplanes. Accelerated depreciation doesn’t increase the total amount of depreciation that can be deducted from income, and therefore doesn’t decrease the tax that must eventually be paid. While not as blatant as other forms of preferential treatment found in the tax code, this provision should be eliminated with all others.

    Of course, taking a deduction this year rather than in a later year is valuable. But receiving this deduction a few years sooner is nowhere near the same as paying no tax at all, which is what Mellman asserted.

    At the same time Mellman and liberals attack industries they sense they can stir up hatred towards, they pick programs they believe are unassailable to accuse conservatives of attacking.

    For example, Mellman mentioned Medicare. He didn’t tell viewers that President Obama has proposed cutting Medicare spending, too. It’s rare that any Democratic source mentions this.

    And according to the Washington Post at one time this summer Obama proposed Social Security cuts as part of the debt ceiling negotiations.

    In either case, the changes that are usually proposed to these programs by conservatives are quite gentle, and recognize that reforms must be made or these programs will sap the country of its vitality.

    Democratic political operatives, on the other hand, ignore these problems and attack those who recognize them. They must do this. The entire system of modern American liberalism is based on the lie that human freedom and liberty is enhanced by expanding government beyond what is minimally necessary to secure our true rights and freedoms.

  • Criminal laws proliferate, at a cost to freedom

    The proliferation of criminal laws and regulations with criminal penalties mean that the freedoms of Americans are increasingly at risk as prosecutors take advantage of expanded authority and reach of the federal justice system. Sometimes prosecutors don’t even need to show criminal intent in order to gain a conviction.

    As reported in the recent Wall Street Journal article As Criminal Laws Proliferate, More Are Ensnared: “These factors are contributing to some unusual applications of justice. Father-and-son arrowhead lovers can’t argue they made an innocent mistake. A lobster importer is convicted in the U.S. for violating a Honduran law that the Honduran government disavowed. A Pennsylvanian who injured her husband’s lover doesn’t face state criminal charges — instead, she faces federal charges tied to an international arms-control treaty.”

    Even though a person may be acquitted of criminal charges, the process of the trial may be punishment enough. Fighting charges may result in legal bills of hundreds of thousands of dollars.

    The Journal piece includes the story of a U.S. man who imported lobsters from Honduras. That country had a statute specifying the minimum size of lobsters for export, and some of the lobsters exported — and accepted by the U.S. importer — were smaller than that size. The man was convicted of a U.S. law that requires U.S. citizens to follow other country’s fish and wildlife laws. During the appeal, Honduras filed a brief in support of the man saying it had canceled the undersized lobster law. Despite this, the conviction was upheld, and the man spent 69 months in prison.

    The power of federal prosecutors, armed with an expansive federal criminal code and regulatory regime, is immense. At a recent Cato University lecture that I attended, Radley Balko said “If a prosecutor wants to get you for political reasons or personal reasons … he can find a way to get you. And even if he can’t put you in prison, he can ruin your life and ruin your finances.”

    Balko, like the Journal article, described the large number of laws on the books that federal prosecutors may use — “tools in the toolbox,” Balko described. There are perhaps 4,500 crimes contained in our federal statutes, although several efforts to count them have resulted only in estimates, even after two years of counting.

    Then, there are the regulations, which may number — again, counting is impossible — in the hundreds of thousands. Some of these carry criminal penalties. And as the saying goes, “Ignorance of the law is no defense.”

    Balko described the federal sentencing model which allows judges to sentence defendants as through they were convicted of crimes for which they were acquitted, as long as they are convicted of some charges.

    Some laws are good. Laws protect the property rights that are the basis of our freedoms and the free market exchange process that leads to prosperity. But as the Journal writes, “Some federal laws appear picayune. Unauthorized use of the Smokey Bear image could land an offender in prison. So can unauthorized use of the slogan ‘Give a Hoot, Don’t Pollute.’” We should note that these things are created by government, paid for by taxpayers, and ought to be available for free use. But not so for Smokey.

    Another example of federal overreach is the charge of lying to investigators. Using this, sometimes defendants are convicted of a crime even though the government can’t obtain a conviction on the underlying charge, that is to say, the actual crime.

    A notable case of this is that of Martha Stewart. As told by Ilana Mercer: “When it became apparent to U.S. Attorney David N. Kelley that he could not charge Ms. Stewart with insider trading, he used the unrehearsed interviews she had given law-enforcement officers — interviews not subject to Fifth Amendment protections — to charge her with conspiracy, obstruction of justice, and lying to investigators about a matter that was never a crime. This entrapment was easily facilitated under the unconstitutional Section 1001 of Title 18 in the United States Code. This makes it an offense to make “a materially false” statement to a federal official—even when one is not under oath. (It is perfectly acceptable, however, for said official to bait and bully a private citizen into fibbing.)”

    Summarizing, Mercer wrote: “The entrapment of Ms. Stewart and Mr. Bacanovic conjures the ubiquitous scene in the movies where the suspect bolts and the cop gives chase. Cop hauls suspect in for questioning, only to discover he has the wrong man. ‘If you are innocent, why did you run?’ the detective demands. To which the suspect replies, ‘I was afraid.’ The cop has no choice but to release him. In truth-is-scarier-than-fiction America, however, Martha Stewart and Peter Bacanovic were not released. They were prosecuted and convicted for the ‘crime’ of … running.”

    Mercer’s article is aptly titled Convicted for Fearing Conviction.

    A recent example is that of baseball pitcher Roger Clemens, whom Balko said was “basically being accused of lying to a roomful of politicians.” The audience did not miss the intended irony.

    It’s not only at the federal level that laws and regulations are growing. In Wichita we watch the city council struggle to produce a detailed set of regulations covering Halloween haunted house attractions, when it appears that these businesses haven’t had any problems that require regulation.

    The Wichita City Council recently revoked the operating license of a bar because the owner had been convicted of a crime of moral turpitude. The owner had plead guilty to providing false statements to police involving a beating at his bar.

    Sometimes laws exist just so the state can pile on another offense and add to jail time or fines. Kansas, like some other states, has a marijuana tax stamp law. As Kansas has no medical marijuana law, it appears that it is illegal for anyone to possess marijuana in the state. But should you decide to do so, the Department of Revenue requires you to obtain a tax stamp. Few actually purchase the stamps, so when people are charged with drug crimes, violation of the tax stamp law is just one more charge for prosecutors to add.

    Do these laws work?

    For all its lawmaking, government often doesn’t solve the problem it’s trying to prevent. Kansas, like many states, has passed a law against texting while driving. But as I reported last year in Texting bans haven’t worked, based on research performed by the Highway Loss Data Institute : “But the bans haven’t worked, and some states have experienced an increase in crashes. … The study does not claim that texting while driving is not dangerous. Rather, the realization by drivers that texting is illegal may be altering their behavior in a way that becomes even more dangerous than legal texting.”

    Another example of laws that may or may not be accomplishing their goals are red light camera enforcement laws. While the Insurance Institute for Highway Safety says these laws save lives due to a reduction in certain type of accidents, they also cause an increase in other types of accidents. Furthermore, there is persuasive evidence that simply lengthening the time of yellow lights reduces the types of accidents the cameras are credited with reducing. Balko, writing for reason.com, notes this about longer yellow light times: “Somehow, that doesn’t seem as appealing a policy to city governments. Another reason we critics have impugned the motives of public officials is that several cities have been caught shortening yellow times at intersections after they’ve been outfitted with cameras. That would seem to be a pretty good indication of a government that values revenue more than safety.”

    Laws named after dead people are another problem. Generally named for a sympathetic victim, these laws allow politicians to appear to be doing something.

    A recent example is the versions of Caylee’s Law, named after the Florida toddler Caylee Anthony. Many people feel that her mother bears responsibility for her death, even though the mother was not convicted of that. So in response we have Caylee’s Law proposed in many states and at the federal level. The laws require rapid reporting to law enforcement offices of a missing or dead child.

    In his lecture, Balko provided examples of how parents or caregivers could innocently fall afoul of such a law, and could be charged with a serious crime when in fact there is no culpability. As to the actual effectiveness of such laws, Balko concluded “Can you image a parent depraved enough to murder their own child is going to be dissuaded by a law that requires them to report the death of that child within an hour of having killed them? Nobody’s going to be dissuaded by this law. The law is not going to save a single child’s life. This is about vengeance. People are upset that Casey Anthony was released.”

    Balko added that the problem with naming laws after sympathetic victims is that it shuts off debate. If anyone opposes Caylee’s Law, it will be charged that they are not outraged over her death, and they are not serious about protecting children. This, he said, is not a good way to have discussion and debate about public policy.

    But the urge by politicians to be seen as “doing something” — even if what they do has more negative consequences than positive — is often the driving force behind laws, and also behind the cases of overzealous prosecutors.

  • Classical liberalism explained

    In a short video, Nigel Ashford of Institute for Humane Studies explains the tenets of classical liberalism. Not to be confused with modern American liberalism or liberal Republicans, classical liberalism places highest value on liberty and the individual. Modern American liberals, or progressives as they often prefer to be called, may value some of these principles, but most, such as free markets and limited government — and I would add individualism and toleration — are held in disdain by them.

    Here are the principles that Ashford identifies:

    Liberty is the primary political value. “When deciding what to do politically — what should the government do — classical liberals have one clear standard: Does this increase, or does it reduce the freedom of the individual?”

    Individualism. “The individual is more important than the collective.”

    Skepticism about power. “Government, for example, often claims ‘we’re forcing you to do X because it’s in your own interests to do so.’ Whereas very often, when people with power do that, it’s really because it’s good for themselves. Classical liberals believe that the individual is the best judge of their own interests.”

    Rule of law.

    Civil society. Classical liberals believe that problems can be dealt with best by voluntary associations and action.

    Spontaneous order. “Many people seem to assume that order requires some institution, some body, to manipulate and organize things. Classical liberals don’t believe that. They believe that order can arise spontaneously. People through their voluntary interaction create the rules by which people can live by.”

    Free markets. “Economic exchange should be left to voluntary activity between individuals. … We need private property to be able to do that. … History show us that leaving things to free markets rather than government planning or organization, increases prosperity, reduces poverty, increases jobs, and provides good that people want to buy.”

    Toleration. “Toleration is the belief that one should not interfere with things on which one disapproves. … It’s a question of having certain moral principles (“I think this action is wrong”), but I will not try and force my opinions — for example through government — to stop the things I disapprove of.”

    Peace. Through free movement of capital, labor, goods, services, and ideas, we can have a world based on peace rather than conflict and war.

    Limited government. “There are very few things the government should do. The goal of government is simply to protect life, liberty, and property. Anything beyond that is not justifiable.”

    This video is available on YouTube through LearnLiberty.org, a site which has many other informative videos.

  • Thompson makes case for liberalism, freedom, capitalism

    Speaking to an audience in Wichita last Thursday, author and scholar C. Bradley Thompson delivered a lecture that explained the foundation of the greatness of America, and cautioned that this greatness is, and has been, under attack.

    Thompson’s lecture was sponsored by the Bill of Rights Institute and underwritten by the Fred C. and Mary R. Koch Foundation. Thompson is the BB&T Research Professor at Clemson University and the Executive Director of the Clemson Institute for the Study of Capitalism. He has also been a visiting fellow at Princeton and Harvard Universities and at the University of London.

    In his lecture, Thompson explained the “two Americas,” which he said are “two radically different moral and political visions for America.” These are two different perspectives on the meaning of the word “liberalism.”

    America, Thompson said, is and always has been a liberal nation. The question to ask, he said, is: Which liberalism? Thompson drew a distinction between what he called the old liberalism of America’s revolutionary founding fathers, and the new liberalism associated with “the ‘Republicratic’ party of George W. Bush and Barack Obama.”

    The philosophy of the old liberalism, Thompson said, is summed up in the words of the Declaration of Independence: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”

    The philosophy of the new liberalism, however, is this: “From each according to his ability, to each according to his needs.” These are the words of Karl Marx and the political philosophy of socialism.

    Thompson said that these two competing moral philosophies have dominated American culture for the last 100 years. He asked: which of these is the most dominate in American life and culture today? The answer, he said, is clear, holding up a copy of Newsweek magazine from last year whose cover claimed “We are all socialists now.”

    In examining the two forms of liberalism, Thompson started with the old liberalism. This insisted that men have the right to be free and to pursue their happiness without interference from others. Politically, government should be strictly limited through a separation of church and state, school and state, economy and state, and culture and state. Economically, individuals should be free to produce and exchange their goods and services free from government control, and government should not take wealth.

    Socially, Thompson said that the founder’s liberalism is best expressed by “rugged individualism.” This is distinctly American — there is no French version of this, he told the audience.

    This is a “principled commitment to freedom” in which individuals are morally sovereign.

    Liberalism embodied itself in America’s founders a distrust of political power. The question at the time of the founding was “How can the grasping power of government be tamed and harnessed in a way that would serve the legitimate functions of government?” The solution was to subordinate the government to the Constitution. Written constitutions, then, are the fundamental law.

    Initially, the night watchman state advocated by Thomas Jefferson was strictly limited with a “tightwad budget.” Government asked only that citizens respect the rights of others, live self-starting, self-reliant, virtuous lives, and that citizens deal with each other through persuasion and voluntary trade. In exchange, the state promised protection from domestic and foreign criminals and to govern by the rule of law.

    But the “land of the free,” Thompson said, would not, and could not, last.

    Turning to the new liberalism of Franklin Delano Roosevelt, Richard Nixon, Hillary Clinton, George W. Bush, and Barack Obama, Thompson said these are its principles: Morally, he repeated the Marxian slogan: “From each according to his ability, to each according to his needs.” This, he said, is the moral philosophy of altruism: Selfishness is the ultimate form of evil, and that selflessness is the highest moral good. “Man’s greatest moral duty is to sacrifice one’s self to needs of others,” he told the audience. President Obama has called for such sacrifices, he said.

    In practice, Thompson said that altruism means the hard-working must be sacrificed for the lazy. The best is sacrificed to the lowest common denominator. In practice, he said it punishes ability and virtue, rewards incompetence and vice, destroying incentive, responsibility, integrity, and honesty in the process.

    Egalitarianism is at the center of the new liberalism, he said. New liberalism says that individuals have positive rights and positive freedom. It means that everyone — regardless of ability and productivity — should be made equal. Freedom from fear and want become basic human rights.

    “The modern welfare state is morally corrupting and fundamentally evil on all levels. It teaches one man that he has the right to live off the work of another man.” The impact on the moral character of Americans is that presently 61 million Americans are dependent on the government for their daily housing, food, and health care. This has grown by 31 percent in the last nine years, Thompson said.

    Politically, new liberalism says that the common good trumps individual rights. Individual self-interest must be always be sacrificed to the general welfare. Since this “public interest” is undefinable and non-objective, the coercive power of the government must be too: undefinable and non-objective. “Unlimited ends requires unlimited means,” Thompson said.

    While liberal socialism speaks of grand ideals such as social responsibility, what it really wants is more basic: power. “There is a direct and causal relationship between the morality of sacrifice, and force, and the violation of rights.”

    Examples of the violations of rights and freedoms include Social Security, which violates the rights of younger Americans by forcing them to fund the retirements of senior citizens. Medicare, Medicaid, and Obamacare force taxpayers to fund the health care of anyone who claims to need it. The Community Reinvestment Act of 1977 violates the rights of bankers by forcing them to make risky mortgage loans to people that they wouldn’t have otherwise lent to. The ARRA (the federal stimulus bill of 2009) forces taxpayers to pay for all sorts of programs.

    Underlying all these programs is altruism, the moral philosophy which says we must serve others, whether we want to or not.

    Thompson went on to explain how altruism affects our lives day-to-day. The tax and regulatory system means that workers must work (on average) until April 9th to pay their taxes. This means, Thompson said, that for almost three and one-half months we are all enslaved to someone else.

    Thompson said that we are dying a slow death by regulatory strangulation. Endless commands by government bureaucrats regulate nearly all aspects of our lives. “We live in a world today — believe it or not — more heavily regulated than was Nazi Germany during the 1940s or Communist China is today.” Besides federal regulation, state and local governments add to the regulatory burden.

    The regulations have a much more insidious effect, Thompson said: “Each and every new entitlement or regulation passed by government seduces and tranquilizes the American people to become ever more reliant on politicians and bureaucrats for their daily sustenance and for their daily decision making and actions.”

    Thompson continued: “A moral culture of radical independence has become a moral culture of slouching dependence.” The last 80 years have seen the greatest expansion of political power, and the greatest loss of freedom, in our history. The untold story of our national history of the last century is “how the American people sold their freedom and sold their souls to the nanny state.”

    There are two questions confronting Americans today. First, have we reached a “tipping point” where government is on an unstoppable downward cycle?

    Second, and more important: Have we reached a point of no return on the road to serfdom?

    There is also another way to divide the two Americas, Thompson said: the rulers and the ruled. The ruling class is all the politicians of both major parties, along with bureaucrats at all levels, college professors, journalists of the mainstream media, think tank policy wonks, community organizers, and corrupt businessmen who support corporate welfare. This class presumes it is intellectually and morally superior to those it rules over.

    This ruling class, Thompson said, seeks to manage and regulate two classes of Americans: those who work and pay taxes, and those who don’t. By redistributing over one-fourth of what Americans produce, the ruling class rules over the country. The rule of law is replaced by the rule of men.

    And what does the ruling class want, Thompson asked? It wants us simply to obey. The country is drifting slowly and steadily to soft despotism.

    The two Americas are irreconcilable, Thompson told the audience. We can’t have both, he said — we must have one or the other.

    Concluding, Thompson said that “Americanism created a sphere of freedom unprecedented in world history.” The freedom philosophy of Americanism has liberated the creative and productive power of millions of ordinary Americans, listing the many impressive contributions of America to the world. The principles of individualism, limited government, and laissez-faire capitalism have revolutionized human life and improved it immensely.

    This American, “old liberalism” philosophy that has liberated ordinary men and women to pursue their own values and greatness is under attack, and we must fight to keep it alive.

  • Andrew Napolitano: Man is free, and must be vigilant

    At Saturday’s general session of the RightOnline conference at The Venetian in Las Vegas, Judge Andrew P. Napolitano told an audience of 1,100 conservative activists that the nature of man is to be free, and that government and those holding power are an ever-present danger to freedom.

    Napolitano is Senior Judicial Analyst at the Fox News Network and the author of the books Lies the Government Told You: Myth, Power, and Deception in American History, The Constitution in Exile: How the Federal Government Has Seized Power by Rewriting the Supreme Law of the Land, and A Nation of Sheep.

    Napolitano told of how at the time of the founding of the United States, there was the natural rights group — Madison and Jefferson — which believed that, as Napolitano said: “Our freedom comes from our humanity. It is as natural to us as our physical bodies are. The yearnings that we have to be free are — if you use a 2010 phrase — hard-wired into us by the supreme being that created us.”

    But Hamilton and Adams believed that without government there can be no freedom. Since government protects freedom, government can restrict freedom in bad times.

    The natural law argument won the day, and that’s why there is the Bill of Rights, he told the audience. But in the second year of Adam’s presidential administration, Congress enacted the Alien and Sedition Acts, which made it illegal to criticize the government, including the president and congress.

    Napolitano asked: How could those who once risked their lives during the American Revolution come to write such laws once they assumed power? Many people in government have an urge to tell others how to live their lives, he answered. “This is the core of the problem with government from 1787 to 2010. If you must look for any defect in any candidate in either party for any office: If they want to tell you how to live your life, vote them out of office.”

    War is a time when rights can be lost, as when Lincoln locked up newspaper publishers in the North because they criticized his presidency.

    Napolitano told of the Espionage Act of 1917, which makes it illegal to talk someone out of being drafted, working in a munitions plant, or supporting the war. It’s still the law today, he said.

    Ronald Reagan, in his first inaugural address, reminded us that the states created the federal government, not the other way around. Napolitano said that he would have added “And the power that the states gave the federal government, they can take back from the federal government.”

    Shifting topics a bit, Napolitano said the government wants to give away your money in your name. It uses the Mafia model. “Taxation is theft,” he said. It presumes that the government has a higher right to your property than you do. “If the Constitution is to be taken seriously, if you own the sweat of your brow, if you own your ideas and that which you create with your own hands: It’s yours, it’s not the government’s.”

    He told of a recent interview with South Carolina Democratic Congressman James E. Clyburn, where Napolitano asked where in the Constitution is the federal government authorized to manage health care? Clyburn replied: “Judge, most of what we do here in Washington is not authorized by the Constitution. Where in the Constitution is it prohibited for the federal government to manage health care?”

    Napolitano said Clyburn’s first answer was frank and candid, as well as accurate. The second answer, he said, reveals a “profound misunderstanding of the nature and concept of limited government.”

    Our role in this moment is to defend freedom, he told the audience in closing.

  • ‘Liberty and the Constitution’ lecture announced

    On Tuesday, January 26, 2010 at 7:00 pm in the beautifully restored Granada Theater in Emporia, the Emporia State University Lectures on Liberty begins its second year with a lecture on “Liberty and the Constitution” by Matthew Spalding of the Heritage Foundation. Dr. Spalding is the Director of the B. Kenneth Simon Center for American Studies at Heritage and is the author of We Still Hold These Truths: Rediscovering Our Principles, Reclaiming Our Future (ISI Books, 2009). He is also the editor of the Heritage Guide to the Constitution, an indispensable collection of essays on the founding document. Dr. Spalding will be available after the lecture to sign his book which will be for sale in the lobby of the theater. Lectures are free and open to the public.

    ESU historian Gregory L. Schneider created the Lectures on Liberty series last year. Speakers last year were: Burton Folsom (Hillsdale College) and Vincent Cannato (University of Massachusetts-Boston). Confirmed speakers this spring include Dr. Spalding, Jonathan Bean, a historian from Southern Illinois University who will be speaking on Race and Liberty, and Benjamin Powell, an economist at Suffolk University, who will be speaking on the subject In Praise of Sweatshops. The Lectures on Liberty series is intended to promote discussion and awareness of issues of liberty in American history and he economy and to raise awareness of the founder’s vision for the American republic.

    The Lectures on Liberty is underwritten by the Fred C. and Mary R. Koch Foundation in Wichita.

    For more information contact Greg Schneider at (620) 341-5565 or by e-mail at gschneid@emporia.edu.

    The Granada Theater is at 807 Commercial Street in downtown Emporia. Google maps shows that from Central and Rock Road in Wichita, it’s a 84 mile drive that should take one hour and 22 minutes. Click here for the Google map with driving directions.

  • Author and columnist Star Parker to speak in Wichita

    An evening with Star Parker
    Sponsored by Johnny and Marjorie Stevens

    Lecture: “Breaking the Cycle of Poverty: From Entitlement to Empowerment”

    Monday, October 5th at 7:00 p.m., with a book signing following lecture.

    The location is the CAC Theatre at Wichita State University
    (click for a Google map of the location)

    This event is free and open to the public. It is presented by The African American Student Association, The Young Democratic Socialists, WSU College Republicans, and The Center for Student Leadership. This event is part of WSU’s Civic Engagement Lecture Series.

    Star Parker
    From Welfare to Warrior

    The story of Star Parker is a chronicle of how she left the seductive life of drugs, crime, abortions and welfare fraud to become a leading advocate for the family.

    Star Parker is the founder and president of CURE, the Coalition on Urban Renewal & Education, a 501c3 non-profit think tank that provides a national voice of reason on issues of race and poverty — in the media, inner city neighborhoods, and public policy.

    Star is a syndicated columnist for Scripps Howard News Service, offering weekly op-eds to more than 400 newspapers worldwide.

    As a social policy consultant, Star gives regular testimony before the United States Congress, and has appeared on major television and radio shows across the country. She is a regular commentator on C-Span, FOX News, and MSNBC. Star has debated Jesse Jackson on BET, fought for school choice on Larry King Live and defended welfare reform on the Oprah Winfrey Show.

    Star Parker’s personal transformation from welfare fraud to conservative crusader has been chronicled by ABC’s 20/20; Rush Limbaugh; Readers Digest; Dr. James Dobson; the Washington Times; Christianity Today; Charisma, and World Magazine. Articles and quotes by Star have appeared in major publications including the Wall Street Journal, the Washington Post, and the New York Times. Recently she co-hosted an episode of The View with Barbara Walters.

    Her books include “Uncle Sam’s Plantation” (2003) and “White Ghetto” (2006). She works in Washington, DC, and resides in California.

    (Click here for a printable flyer announcing this Star Parker lecture.)

  • Milton Friedman on ‘How to Stay Free’ presented in Wichita

    The local chapter of Americans for Prosperity has been screening the PBS television series “Free to Choose.” This series from 1980 features Milton Friedman teaching about the close relationship between human freedom and economic freedom. This week, the series finishes with program ten: “How to Stay Free?”

    “Democracies have only recently been considered desirable. Historically, it was feared that democracies always self-destruct when citizens, forgetting that you cannot remove want and misery through legislation, insist on government actions that physically and morally bankrupt their nation. Friedman explains why the United States has so far avoided this outcome and how we can continue to do so. This program includes an interview of Dr. Friedman by Lawrence E. Spivak.”

    The program is from 11:30 am to 1:00 pm this Wednesday, in the private dining room at Mike’s Steakhouse, 2131 S. Broadway, Wichita, Kansas 67211. The telephone there is (316) 265-8122. Attendees purchase their own meals from the regular menu.