Category Government Mischief

Blitz Attack!

The caption on this photo from the June 3 Warren Sentinel reads:

On Friday, May 28, checkpoints were held on East Criser Road, West Strasburg Road and Commerce Avenue. The Commerce Avenue checkpoint was a part of the 522 Blitz for the 2010 Click it or Ticket campaign.

“We conducted three separate checkpions [sic] and screened a total of 1000 cars. We had three suspended drivers, three child restraint violations and two seat belt violations overall,” said Traffic Enforcement Officer Don Orye.
blitz attack

Now certainly some of the people approaching this mess weren’t wearing their seatbelts, and they put them on before being checkpointed. And some people saw this and used an alternate route all together.

But since this involves 1000 cars and finding a total of eight violations — .008 of the cars, that is, or .08% — you’d think the appropriate headline would be ‘Warren Countians and Front Royalty Are Exceptionally Law-Abiding’ or possibly ‘Tax Money Down The Tubes As Police Inconvenience Thousands To Detect Eight Minor Violations’.

Mind you, if you consider that the real point here was to detect seat-belt violations, the success rate was only .002. But if you believe that, you have to ask how they caught the ‘suspended drivers’. Obviously this ‘seat-belt checkpoint’ involved demanding to see at least some fraction of drivers’ licenses.

My Constitutional Amendments

Over the past year or so, I’ve seen a lot of people proposing the amendments to the U.S. Constitution that they’d like to see, and that they think would make the world a better place. I have two.

So I’d propose:

Commerce between the several states shall be understood to mean: only commercial activity wherein some good or service is sold by one party to another party in exchange for money, other goods or services, or other valuable consideration; and only that commercial activity that is not conducted entirely in one state.

We need this because of an argument over 239 bushels of wheat.

In 1941, Roscoe Filburn planted 23 acres of wheat, in defiance of a New Deal quota system that only allowed him to plant 11.1 acres. He fed the excess wheat to his chickens.

The government argued that this was nevertheless interstate commerce (and thus regulable by the federal government), even though the wheat in question was never sold, and even though it never crossed a property line, much less a state line.

The government’s argument, simplified, was that had Filburn not grown this forbidden wheat and fed it to his chickens, he would have been obliged to buy chicken feed, and that had he bought this feed from another farmer in the same state, this would have in any case affected the market price for chicken feed, and thus have been interstate commerce.

Plainly, this is insane. The Supreme Court said:

Home-grown wheat in this sense competes with wheat in commerce. The stimulation of commerce is a use of the regulatory function quite as definitely as prohibitions or restrictions thereon. This record leaves us in no doubt that Congress may properly have considered that wheat consumed on the farm where grown, if wholly outside the scheme of regulation, would have a substantial effect in defeating and obstructing its purpose to stimulate trade therein at increased prices.

By this logic, anything is regulable as ‘interstate commerce’ (and, indeed, this is pretty much how the Congress has chosen to see things since the 1940s). The stimulation of commerce is a use of the regulatory function quite as definitely as prohibitions or restrictions thereon. By that logic, the federal government could conceivably order you to take two baths a day, in order to stimulate trade in soap. They could order you to get up earlier, and so push up the market price of coffee. For that matter, they could dictate a specific breakfast menu to you, in order to favor the producers of eggs, bran muffins, bagels, orange juice, or whoever has spent the most money on lobbyists recently. This is utterly insane.

The Constitution, in Article I, Section 8, grants to the federal government the authority to regulate foreign commerce and commerce ‘among the several states’. If the real intention of the Founders was for commerce ‘among the several states’ to be anything, even activity that is neither ‘among the several states’ nor commercial, presumably they would have just said so.

So. Interstate commerce means interstate commerce, and not anything else. I expect that this amendment would mean a lot of vacant office space on K Street.

My second amendment is:

Section 1.
Having voted for, in the case of a member of the House of Representatives or of the Senate, or having signed, in the case of the President, any law later found by the Supreme Court to have been partly or wholly contrary to the provisions of the Constitution or any of its amendments, shall be cause for articles of impeachment to be brought against that person in the appropriate body.

Section 2.
In cases of impeachment brought under this article, a one-third vote in favor of impeachment shall be required for conviction.

The president and members of Congress all take oaths to uphold the Constitution. It has become very common, though, for them to see the determination of whether an action is or is not Constitutional as solely the Supreme Court’s job.

This amendment would basically require anyone thinking of voting for or signing an unconstitutional law to be pretty sure that their party would be significantly in the majority for the rest of his political career.

As predicted by Tino

You can’t access Boing Boing — and God knows what else — from Boston’s free municipal Wi-Fi network.

I predicted this kind of thing happening with government-owned networks in 2004.

I’m seeing a lot of theories suggesting that this has something to do with the Mooninite scare — while that was going on, Boing Boing pointed out, repeatedly and with enthusiasm, that the Boston city officials appeared to be complete idiots.

The trouble is, they’re such idiots that they’re extremely unlikely to think of banning websites because they poke fun at the city’s Mooninite reaction. It’s far more likely that Boing Boing has been blocked in Boston by some idiotic robot filter as a result of some salty language; but no matter why the site is blocked, it’s still a problem.

Interesting New Orleans Story

Here is a first-person account of the aftermath of the New Orleans flooding that showed up today on the Daily Kos.

I’m not sure how true it is; on DK they aren’t even sure of its provenance, so I’m taking it with a grain of salt for now. One of the writers credited has an unusual name, and to judge from Google she is a paramedic and a labor-union rabble-rouser from San Francisco; the other has a name too common for Google to be very helpful. Some of the conclusions drawn are glib, to say the least (Racism!!1; Bush!!!11; Iraq!!!!1; etc.), but the rest of the story is interesting and insightful, and nothing really conflicts with anything I’ve heard elsewhere.

After having their buses commandeered and being kicked out of their hotels, the band of hurricane victims of which the writer was a part wandered from Superdome to Convention Center to Police HQ, only to be turned away at each place, often (according to the story) with lies or hostility. Eventually, they set up camp in the middle of the I-10:

Up in full view on the freeway, every relief and news organizations saw us on their way into the City. Officials were being asked what they were going to do about all those families living up on the freeway? The officials responded they were going to take care of us. Some of us got a sinking feeling. “Taking care of us” had an ominous tone to it.

Unfortunately, our sinking feeling (along with the sinking City) was correct. Just as dusk set in, a Gretna Sheriff showed up, jumped out of his patrol vehicle, aimed his gun at our faces, screaming, “Get off the fucking freeway”. A helicopter arrived and used the wind from its blades to blow away our flimsy structures. As we retreated, the sheriff loaded up his truck with our food and water.

Once again, at gunpoint, we were forced off the freeway. All the law enforcement agencies appeared threatened when we congregated or congealed into groups of 20 or more. In every congregation of “victims” they saw “mob” or “riot”. We felt safety in numbers. Our “we must stay together” was impossible because the agencies would force us into small atomized groups.

The writers seem to be trying hard to make a point about communitarian-ness (‘Now secure with the two necessities, food and water; cooperation, community, and creativity flowered’), but I see a story of typical American ingenuity and inclusiveness at work — and then thwarted by the state. If the story is true, it belongs next to the tale of Jabbar Gibson as an example of the merits of self-reliance and ad-hocracy.

UPDATE: Apparently this story is originally from here, where there’s also this note:

Bradshaw and Slonsky are paramedics frorm California that were attending the EMS conference in New Orleans. Larry Bradsahw is the chief shop steward, Paramedic Chapter, SEIU Local 790; and Lorrie Beth Slonsky is steward, Paramedic Chapter, SEIU Local 790.[California]

Racist Economic Development

The Washington Post reports today:

Gordon W. Gerald, president of the Fairfax County Economic Development Authority, said he thinks white entrepreneurs have more opportunities in the white majority county. “The Board of Supervisors places a priority on white investors participating in the growth of the county,” Gerald said.

A federal investigation into this racist practice is, of course, coming. The NAACP is describes this as an example of the widespread hatred of minorities found in the hearts of white suburbanites.

Just kidding. Nobody at the Fairfax County EDA said anything of the kind; in fact, their website goes out of its way to talk about the importance of diversity, minority-owned businesses, and so forth.

What the Post actually reported is this:

Kwasi G. Holman, president of the Prince George’s County Economic Development Corp., said he thinks African American entrepreneurs think they may have more opportunities in the black majority county. “The county executive places a priority on minority investors participating in the renaissance of the county,” Holman said.

Of course, no investigation is forthcoming. The one statement is hate speech, and the other you can print on the front page of the Washington Post business section without comment or outrage.

Your Tax Dollars At Work

Now that American IT jobs are fleeing overseas, more American geeks are themselves looking to do work outside the country. This is a challenge, of course, because few countries are as welcoming of immigrants or ‘guest workers’ as is the United States.

And to make things worse, the U.S. government is apparently prosecuting people who do work overseas that the government doesn’t like. Like, for instance, arranging computer security for online casinos.

A recent New York Times article reports that US prosecutors are beginning to use the federal aiding and abetting statute to investigate and potentially prosecute those who, through perfectly lawful activities, assist online gaming companies that flout US law. This includes banks, broadcasters, ISPs and advertisers who help these casinos get their message out.

Thank goodness we’ve got the federal government on the job, helping to make sure that people don’t gamble online. And thank goodness the world is at peace and there are no other things that the government could be doing with these resources. Imagine: if we were, say, under threat from a loose coalition of fascist theocrats determined to destroy western civilization, the feds might have to go soft on gambling. And then where would we be?

D.C. Goes On Shooting Itself In The Foot

While Mayor Tony Williams makes speeches about how he wants to attract 100,000 new residents to Washington, D.C., the rest of the city’s government goes on giving people more reasons to not come into the city at all, even for a visit. Washington Post:

The District government has begun issuing $100 tickets to vehicles with out-of-state license plates that are repeatedly parked overnight on city streets, under the presumption that they belong to D.C. residents who have not registered their vehicles in the city.

The city patrols the streets between 11 p.m. and 6 a.m., and records out-of-state license numbers. If your non-DC vehicle is spotted three times, you get a ticket. The article doesn’t say anything about what happens if your vehicle is spotted in three wildly differing places, but I’d imagine you get a ticket anyway; DC is not known for law-enforcement subtlety.

The purpose is to force Washington residents to comply with the law that says that they’ve got to register their cars with the city within thrity days of moving to DC.

Most places don’t have a problem with people refusing to register their cars locally, but the DC government goes out of its way to make the process as difficult, expensive, and unattractive as possible. (Progress is being made, though: soon there will be two places in the city where you can get a safety inspection done — but still only during business hours Monday through Friday.)

And if you do the right thing and register your car locally, you’re putting yourself at the mercy of the DC government’s mind-boggling incompetence. Not long ago, the city changed its registration-renweal and parking-permit stickers. There was an article in the Post, and the police and parking enforcement people were told about these changes. They went on writing tickets on perfectly legal cars for months, because they were not displaying the old-style stickers and permits.

Noam Stopak, 44, of Bethesda said he visits his fiancee in Northwest Washington at least every other weekend. He said when he got a warning ticket on March 8, he called the DMV to explain that he is not a D.C. resident.

A DMV official told him that it didn’t matter where he lived, he said. “I offered to show them my mortgage, my water bill, and they said it doesn’t matter. They said, ‘You can register your car in the District’ . . . or I could just stop coming to the District.”

Ah, yes. It’s really a pity that there are not other problems facing the government in DC, like say failing schools, a rising crime rate, or a total lack of civil order in the streets in certain neighborhoods at night. If DC were faced with any of those things, it might not have time and money to waste on discouraging the middle class from visiting the city.

Caviar for Everyone!

I’ve written about the tendency of American regulation to require that everyone lead a middle-class lifestyle as one of the main causes of homelessness “problems” in this country. Recently Reason Online had an article about the same thinking baing a major cause of the health-care “crisis”:

In other areas, we accept that the distribution of wealth is unequal: that some people live in small condominiums while others dwell in McMansions. Some eat at Jean-Georges, while others are lucky to dine at Carl’s Jr. And some shop Ross Dress For Less while others browse through Saks. And these decisions seem to work out pretty well, with people for the most part getting what they need, if not always what they want.

But imagine if state regulators insisted that only haute cuisine and high fashion could be offered? Costs would obviously get prohibitive for many.

CDC Propaganda Tip Sheets

A few years ago, the big news story was that the government was effectively paying TV networks for weaving anti-drug messages into their programs. Basically, if your programming had enough anti-drug messages in the story itself, you didn’t have to provide the government with free ad time for their own anti-drug ads.

I’ve never been able to find the government’s guidelines for what constitutes an acceptable level of anti-drug hysteria in this program, but I have stumbled onto the next best thing: The CDC’s “Resources for TV Writers and Producers“. The idea is that the CDC would like to see more pro-health messages on TV, and they want to make it as easy as possible for the people who make TV to make this happen. The CDC has a website packed full of interesting script tips and case examples, such as this one for chicken pox:

A young teacher who never had chickenpox was exposed to several children in her classroom with chickenpox. She ultimately comes down with the disease and dies.

Winona Ryder, Public Ememy #1

There’s an interesting article on National Review Online about the Winona Ryder shoplifting case, scheduled for trial Real Soon Now.

Particularly interesting is that it seems that the facts of the case are not much like anything the DA’s office has been saying.