Property rights


As early as Tuesday afternoon, the House of Representatives is likely to vote on H.R. 1433 (PDF), the Private Property Rights Protection Act. This important act is designed to discourage the abuse of eminent domain power by municipalities by withholding federal funds if they exceed their reasonable authority and seize property for reasons other than genuine civic need.

This is an important protection for private property rights which have been weakened in this area by the growing practice of seizing land for the use of businesses and other interests who have political influence with local government. This bill to some degree counters the misapplication of the law in the notorious Kelo vs. New London decision in New Hampshire.

It is vitally important that you act today to email or call your Representative now and stay in touch for when the bill moves on to the Senate in the near future. An earlier version passed the House in 2005 but was blocked in the Senate.

For more information on this legislation read this article in the Washington Times.

There are legitimate uses for eminent domain, like building roads and schools, but taking property from citizens with no legal recourse and giving it to businesses for commercial development is an unacceptable abuse of the power and far too often the product of cronyism within local government. Please take action now to support H.R. 1433 and stop eminent domain abuse.

Use the form below to send an email.  It’s always a good idea to modify or replace the standard text with your own words, especially specific references to problems in your local area.

The views expressed here are solely those of the author and do not necessarily reflect official positions of the RLC.

As you all know, I’ve come out pretty strongly against these from the get go.  I have always been against “anti-file sharing” legislation. I blasted Kimba Wood for shutting down Limewire. And I’ve been warning about SOPA for months and PIPA for weeks. Now, the American people are finally waking up. And all it took was 24 hours without Wikipedia. First, let’s discuss exactly what this bill is. Corporatist [quasi-socialist] Hollywood executives, the California Teamsters Union, and greedy entertainers got together with their lobbyist friends and said “hey, get congress to write a bill that lets us make money every time someone so much as looks at us or listens to us, we deserve it!”. Intellectual property laws in this country predate the world wide web by decades, and the lobbyists knew it would be easy to manipulate them for maximum control.

Government also liked the idea. Those in congress that wrote and supported the bill up to this point saw it as an opportunity for unprecedented government power over an area–both an economy and a society in and of itself–that has remained extremely free: the internet. These statists had the ultimate opportunity now to monitor us, influence us, control us, and further consolidate their power as time goes on. That is what awaits us if these bills pass. Unprecedented power for the political class. All it takes is a few greedy people to abuse their power. Let’s go back to the entertainment industry and how they’ve abused IP laws over the years to make a dime every which way they can:

You can clearly tell the effect of Big Hollyweird lobbyists on the net worth of entertainers. Elvis was once at the top of the world. At his death, his net worth was $7 million (1977 dollars) which is anywhere from 18-25 million in 2010 dollars. (see inflation calculator: http://www.westegg.com/inflation/)

Now compare that to Katy Perry. She’s a top artist of today, but she’s not as popular today as Elvis was in his time. Her current net worth after about 5 years being mainstream (and the entire time during a recession) is $55 million.

Someone like Snoop Dogg with 20 years of fame may be a better comparison. His net worth is $150 million.

I’m not trying to single out Snoop as greedy or anything, he’s had a lot of time to invest. And of course there are exogenous factors like a more globalized economy. Powerful emerging economies of like Russia, Brazil, South Korea and Taiwan wouldn’t have been able to access American entertainment with such ease and in such high quotas prior to the fall of the Soviet empire and the advent of internet music. But that can’t possibly be the only cause of so much more wealth among musicians (not to mention actors, directors, crew, writers, etc) today. I’m trying to point out that Hollywood corporatism has amassed what is a disproportionate and most-likely unfair amount of money for entertainers. Why do you think they have lobbied so hard for SOPA and PIPA? They are trying to milk us for every dime they can.

In a true free market, they wouldn’t make half the money they do. File sharing like Limewire would still exist without limits on their content. Youtube would stream content. Nobody could do anything about it unless the person sharing or streaming was making money off of the “stolen” content (like those bootleg DVDs from China). You wouldn’t be put in prison for playing a pop music song in a home movie uploaded to Youtube…a song that pretty much everyone has heard because we live in the internet age. File sharing of songs obviously occurred because the market did not demand the music enough to pay large amounts of money for it. iTunes came along with a la carte music purchasing and over time, people would switch to one of the two as opposed to buying CDs. Did this really make entertainers poorer? NO! They got richer! And so did the film industry! In 2010, in a weak economy, Hollywood execs raked in more money than they did in 2007 when the economy was strong; right before the recession began its onslaught on our jobs and investments.

It’s also been very interesting to watch America’s unity against SOPA. This is going hard! Liberals, conservatives, moderates, libertarians; all coming out against Big Hollyweird. I love it! Al Gore and Ron Paul agreeing on something? I don’t think America has ever been more united on something in my lifetime other than killing Osama bin Laden. (Now, try to imagine the blowback of a hypothetical Santorum Administration shutting down the porn industry ;) )

As for Nancy Pelosi and even some of my fellow Republicans that have come out against this in recent hours….I mean days….it’s clearly to save their own skin. Let’s take a good hard look at the people who wrote the bill and pushed it for so long. Make sure to be unforgiving at the polls (Lamar Smith, look out!)

I do want to say one more thing. It’s amazing what 24 hours without Wikipedia can do. They and the folks at Reddit shut down to get people’s attention. It WORKED! This is an example of what will happen if we continue this move toward socialism and continue to raise taxes and regulations on the entrepreneurial class. One day, they will say “enough!” and quit investing and creating jobs. When that happens, this recession we recently had will look like a boom by comparison. Wikipedia can just go back online tomorrow. Economies….not so much. I am confident that the House will strike down SOPA. Call your senators, and make sure that their equivalent–the Protect IP Act–is killed as well!

In Liberty,

Aaron Alghawi ’12

————————————————————————————————
Aaron Alghawi is a senior economics major at Texas A&M University, as well as an alternate board member and Director of Student Outreach for the Republican Liberty Caucus.

The views expressed here are solely those of the author and do not necessarily reflect official positions of the RLC.

When our founding fathers declared our independence from Great Britain in 1776 the
colonists were already in the middle of a bloody and costly war to secure their freedom. Once
the war was successfully concluded it was necessary to create a new nation with a form of
government that would not allow a single individual or group to establish another totalitarian
regime and steal the freedom of Americans.

It took years and one failed effort with the Articles of Confederation before the
founders settled on the Constitution of the United States that established a unique type of
government with three separate, but equal branches of branches. These are the executive
branch that includes an elected President and his cabinet appointees, the legislative branch
that consists of a Congress made up of two houses, the Senate and House of Representatives,
and the judicial branch that consists of the Supreme Court and any lower federal courts that
Congress might authorize.

A system of checks and balances was put into place to ensure that none of the three
branches would be able to dominate the others and establish a dictatorship. In addition, the
basic distrust of a powerful centralized government caused the framers of the Constitution to
adopt the Bill of Rights that protected the rights of both individual Americans and the various
states that formed the United States of America. The system has worked so well that our
country became the most prosperous and powerful nation in the world.

Yet, now, almost 250 years later, elements in all three branches of government are
conspiring to shred the Constitution and rob us of our God given rights. We have a rapidly
emerging dictatorship and prime examples of it can be found in what is occurring in the first
days of this New Year. As part of the balance of powers prescribed in the Constitution, the U.S.
Senate must approve Presidential appointments to major positions in the Executive Branch of
Government. The only exception is that during the times that the Senate is in recess the
President can make appointments without the approval of the Senate, but they are temporary
in nature.

However, on January 4, 2012, President Obama appointed three members to the
National Labor Relations Board and a new “Czar” to head the Consumer Protection Agency
without Senate approval despite the fact that the Senate was not in recess. This has created a
Constitutional crisis of epic proportions.

I refer to this as a Constitutional crisis because this is not the first such action Obama
has taken that has clearly violated not only the provisions of the Constitution, but also his oath
of office, and he obviously plans to continue ignoring both the legislative and judicial branches
of government. In fact, he actually brags about what he is doing while campaigning for
reelection at the expense of American taxpayers.

There is now no doubt that the current President of the United States considers himself
a de facto dictator who is so much smarter than the rest of us that he can ignore the
Constitution, the supreme law of our nation, and do whatever he wants. History has taught that
in order to establish an effective dictatorship there must be three decisive actions taken.
First, if the military in the country is patriotic and pro freedom, it must be marginalized
to minimize its ability to resist the imposition of tyranny. Right after the New Year, Obama
announced drastic cuts in the size and strength of our military forces across the board. He is claiming to have the authority to do this under the bill passed by Congress that created the so-called super committee that was to enact wide ranging spending cuts.

If it failed to do so there would be massive reductions of the defense budget. In previous
articles I pointed out that the very creation of this super committee was unconstitutional
and that its failure to act would cause the “doomsday scenario” to unfold for our military.
Unfortunately, not only are my predictions coming true, but Obama is not even waiting for the
automatic cuts to begin in 2013, he is unilaterally moving to destroy the military now.
Secondly, the citizens of any country to be subjugated must be disarmed in order to
diminish their ability to resist the imposition of a dictatorship. It is now clear, by virtue of
the ongoing investigation in Congress of “Operation Fast and Furious” that over 2500 semi
automatic weapons were sold to Mexican drug dealers on orders from the U.S. government not
for the purpose of entrapping the drug dealers, but so Obama could impose gun control laws on
U.S. citizens. He has now done so by Executive Order, bypassing Congress that had refused to
take the same action.

In addition, Obama and Secretary of State Hilary Clinton have pledged to sign the United
Nations Small Arms Treaty that specifically targets private gun ownership in the United States.
This treaty would essentially abolish the second amendment to the U.S. Constitution and make
private ownership of firearms illegal despite the fact that the U.S. Supreme Court has twice
ruled that the right to keep and bear arms is a valid and individual right under the provisions of
the Constitution.

Of course, the Constitution requires that any treaty that is signed by a President must
be approved by two thirds of the Senate to be valid. The U.S. Supreme Court has also ruled
that no treaty can supersede the provisions of the Constitution, particularly those that deal
with individual rights. All of this would seem to render the treaty moot since two thirds of the
current Senate will not ratify it, and it clearly violates the provisions of the second amendment.
So why is Obama pushing for it? Simply put, he believes he can ignore the Senate and
the court, sign the treaty, and then allow the United Nations to begin enforcing it. If you believe
that he won’t try that, just look at what he has done in other areas.

The third goal of an effective dictatorship involves limiting the rights of the citizens
to have free speech and a free press. People who can’t communicate and learn the truth are
easier to control. Most of the main stream media in this country have already relinquished their
freedom of the press and are doing whatever Obama tells them to do. Those that oppose him
are under constant assault and Obama’s minions on the Federal Communications Commission
are looking for ways to shut down conservative talk radio and control internet content. This is
despite the fact that the Supreme Court has said that the FCC has no authority to regulate the
Internet. Once again, Obama has issued orders that the Supreme Court and the Constitution be
ignored.

Even more frightening is the fact that legislation pending in both houses of Congress
will effectively give Obama an Internet kill switch. It is being pushed in the Senate by the usual
leftists like Reid and Schumer, but in the House of Representatives it is some Republicans that
are pushing it. My next blog article will contain more information about these and other bills
pending in Congress.

The bottom line is, we are headed for a country that is no longer a Republic, but a
nation controlled entirely by a small group of elitists, and unless the American people wake up

soon it will be too late to stop it.
Michael Connelly
mrobertc@hotmail.com
www.michaelconnelly.jigsy.com
www.constitution.jigsy.com

The views expressed here are solely those of the author and do not necessarily reflect official positions of the RLC.

Last week, the day after former New Mexico Governor Gary Johnson announced his Presidential bid, antiwar.com’s Justin Raimondo authored a piece he likely had been salivating to publish for some period of time entitled “Gary Johnson: Caveat Emptor.”

It’s the attack on Gary Johnson heard ‘round the Paulosphere, having been circulated by fans of likely 2012 Presidential candidate and fellow libertarian Republican, Congressman Ron Paul.

Raimondo, a skilled writer, did some digging on Gary Johnson to spread the word to the faithful that they shouldn’t waste their time on what he makes out to be an unprincipled sellout — a real statist hack.

Raimondo’s three main complaints with former New Mexico Governor Gary Johnson, as outlined in his article, are that:
• Johnson supports what is referred to in a Weekly Standard article as “humanitarian wars”;
• Johnson supports the U.S. alliance with Israel; and
• Johnson is supported by the “cosmotarians”, as Raimondo’s subheading asserts.

Cosmo-wha?

Let’s take this third point first, since it has little to do with policy and much to do with personality. Raimondo spends more than 1/3 of his article talking personality and internal movement politics.

Lew Rockwell, a longtime Raimondo ally, wrote at least two negative commentaries about Gary Johnson on days one and two of his campaign (1). Raimondo and Rockwell belong to the segment of the broader liberty movement that is unapologetically anti-war. While they also call themselves “anti-state,” the movers and shakers in this faction often hold conservative positions on social issues. In other words, sometimes they prefer government interference and other times they do not. (Note that these same authors criticize the inconsistencies they see in others on an almost constant basis.)

This is in tune with their most prominent advocate, Congressman Ron Paul (a RLC Advisory Board member held in great esteem by this author), who shares their libertarian bent but feels at ease with the paleo-conservative wing of the Republican Party. As an example, hit piece author Justin Raimondo was involved in Pat Buchanan’s campaigns in 1992, 1996, and 2000. Congressman Ron Paul recently expressed his support for the Defense of Marriage Act, voted for a fence on the U.S.-Mexico border, and is an advocate of removing birthright citizenship from the Constitution.

This “paleo” wing of the liberty movement has long disliked the “libertarian” wing of the liberty movement, who they call “cosmotarians” or “Beltway Libertarians.” The “beltway” crew consists of what Raimondo labels in his article the “Kochtopus” (brothers David and Charles Koch), the Cato Institute and Reason Magazine. The history of the infighting between these factions dates to at least the mid-1980s and won’t be settled anytime soon.

The key point here is that Justin Raimondo approached his article from a biased perspective to begin with. In other words, the score was settled long before Gary Johnson arrived on the scene. Johnson is the unfortunate punching bag because of his interest in bringing more people into the libertarian movement — the types of people Raimondo may not want to join us.

“Humanitarian Wars”

Is stopping genocide the same as a humanitarian war? Is it possible to stop human rights abuses via government action without engaging in a war?

Author Justin Raimondo claims that Governor Gary Johnson supports humanitarian wars. However, nowhere does Johnson mention the word humanitarian, the word war, or both words in conjunction with each other (2).

Instead, Johnson says that “in principle” he would try to “positively influence” or “stop” genocide in foreign nations. He doesn’t say he would intervene in ALL foreign nations where genocide is occurring, but he does say that he does not support nation-building in any form or fashion. Couple this with his principled opposition to the wars in Libya, Iraq, and Afghanistan, and you have a candidate who is a non-interventionist with the possible exception of using government to aid people being oppressed in foreign nations.

Call me crazy, but this is hardly the least libertarian position I’ve heard on foreign policy — especially among those running for President. Most libertarian Republicans I know supported intervention in World War II, in part because the United States was attacked, but also because millions of Europeans were being slaughtered and tortured.

To rule out supporting Governor Johnson on the basis of his policy position to potentially stop genocide in a foreign nation is silly.

Unsurprisingly, Justin Raimondo misleads his readers to draw the conclusion that Governor Johnson’s foreign policy is similar to the Obama Doctrine. Raimondo’s false conclusion ignores the fact that Governor Johnson opposes the the War in Libya. How is a candidate opposed the Obama war equated to supporting the Obama Doctrine? It doesn’t add up.

Big, Bad Israel

Raimondo’s favorite topic — undoubtedly — is bashing Israel. Gary Johnson’s Our America Initiative issues page indicates that Governor Johnson supports Israel’s right to defend itself. That is a reasonable position for any libertarian to take, as I explain in my article “Rand Paul’s Stance on Israel A Lesson for the Liberty Movement to Follow.”

Senator Rand Paul (son of Ron Paul), during his 2010 campaign, defended Israel’s right to self defense, saying, “As a United States Senator, I would never vote to condemn Israel for defending herself. Whether it is fighting Hezbollah in Lebanon, combating Hamas-linked terrorists in Gaza or dealing with potential nuclear threats in the Persian Gulf, Israeli military actions are completely up to the leaders and military of Israel, and Israel alone.” More recently, Senator Paul has advocated ending U.S. aid to Israel.

In a document I obtained from Gary Johnson’s (c)(4) group the Our America Initiative, Governor Johnson says that “a clear national security interest and the fundamental defense of the United States” justifies U.S. support for Israel. “Our direct military funding support to Israel totals about $3 billion a year, and the majority of that money is spent buying equipment and technology from U.S. companies. That $3 billion is less than we gave General Motors, and the cost of not having a strong, democratic ally in the Middle East is incalculable,” Governor Johnson concludes in the document. He says the costs of the continued relationship are “paltry when compared with th(e) benefits”(3).

Gary Johnson also says that, as President, he would work to support Israel in case it is attacked “militarily.” That’s a big if, since the Arabs have lost six wars in the Middle East in the last six decades. Governor Johnson, like many others, sees the United States having a strong relationship with the one nation in the Middle East region which provides rights and liberties to its people as valuable. While most libertarians do not support alliances in any form or fashion (including this libertarian), obviously Governor Johnson does in one instance. He should explain more about why the U.S.-Israel alliance is more important than other alliances.

Fortunately, you don’t have to agree with Governor Johnson on the issue of Israel to support his candidacy in the same way that you don’t have to agree with Congressman Paul’s vote to build a fence along the Mexican border.

Mr. Raimondo attempts to paint Gary Johnson as a statist throughout his article, but he concludes that Governor Johnson is “Ron Paul Lite” — a palatable, principled advocate of individual liberty and limited government.

Gary Johnson, says Raimondo, is “Paul Lite, Paul without the hard edges, without the ‘kooky’ end-the-Fed stuff, without the social conservatism, without the stubborn devotion to principle and to Austrian economics, specifically – in short, a hollowed out libertarianism, without any style and surely without its soul.” (Note: Gary Johnson has said he would audit and abolish the Fed and adheres to the Austrian school of economics.)

Welcome to real politics, Mr. Raimondo, where (unfortunate as it may be) kooky doesn’t win elections.

Former New Mexico Governor Gary Johnson won election in a majority-minority state — a state that is two to one Democrat — twice (1994 and 1998). In Johnson, we’re fortunate enough to have a Presidential candidate who is committed to principle, has a record to prove it, and is a willing and able-bodied standard-bearer to spread the libertarian message to the masses.

There’s simply no reason you should accept Justin Raimondo’s bid to make the perfect the enemy of the awesome.

Sources

(1) April 21 Lew Rockwell post #1; April 21 Lew Rockwell post #2

(2) The article in question is from the Weekly Standard. “Humanitarian war” is coined by the author. View the original article and the author’s follow-up.

(3) The document I obtained is called “Continued Investment in U.S.-Israel Relations is Worth the Cost.”

The views expressed here are solely those of the author and do not necessarily reflect official positions of the RLC.

What the heck is going on in Montana?

Montana Republicans have a huge majority in the State House and a small majority in the State Senate, so they should be moving productive legislation along without trouble. Unfortunately, two recent examples show that they are not committed to common sense government at all, but are instead beholden to special interests, corporate socialism, and the nanny state.

You’re not even going to believe the legislation being courted by Montana Republicans! Check it out:

Montana Republicans Try to Gut Medical Marijuana Law

With the exception of Republican Liberty Caucus-endorsed State Representatives Jerry O’Neill and Mike Miller and several moderate Republicans, the rest of the Republican elected officials in Montana voted to gut the voter-approved medical marijuana law last week.

Because Governor Brian Schweitzer (Democrat) vetoed the Republican attempts to kill the law, BusinessWeek reports that “Many lawmakers from both parties say something needs to be done to rein in medical marijuana in Montana now that it has reached beyond those with severe illnesses for whom voters in 2004 meant the law to apply.”

According to the Montana Department of Public Health and Human Services, there are 29,948 registered users in the state. As we reported earlier, last month the federal government decided they needed to step in by raiding medical marijuana businesses in the state under the guise of investigating “drug trafficking and tax evasion.” This despite a promise from the Obama Administration claimed it would not override state law.

According to BusinessWeek,

“Three lawmakers from each chamber will begin meeting this week in a conference committee to figure out the final form of the overhaul measure, Senate Bill 423, before it lands on the governor’s desk. Since the beginning of the session House Bill 161, a repeal of the voter-approved marijuana law, has been the favored measure of Republican leadership. House Speaker Mike Milburn, R-Cascade, carried the bill through the Legislature but the possibility of a governor veto forced Republicans to work up a contingency plan.

Last month, Republican lawmakers made a last-minute introduction of a bill to overhaul of Montana’s medical marijuana industry. After Republican fears of a governor veto became a reality Wednesday, the overhaul measure carried by Senate Majority Leader Jeff Essmann, R-Billings, has become what is likely the last chance the Legislature has to restrict medical marijuana. But the measure has not had an easy passage and it still has key hurdles left to clear with just a few days left in the session to do it.”

The only common sense on this issue, aside from Governor Brian Schweitzer, is from RLC-endorsed legislators like Jerry O’Neill and Mike Miller. According to Representative Miller, “If the federal laws (related to the Montana state medical marijuana law) were gone, it could be just another prescription filled by a pharmacist. The bottom line is that the legislature did not do its job and put the appropriate rules/laws in place once the initiative passed in 2004. I believe it is up to the legislature to fix the mess it created. And it is a huge mess and it is being grossly abused by some,” Miller said.

Miller took what apparently is an unpopular position, concluding at his website, “While many people disagree with my vote to not repeal, I hope this helps them to understand it a little better.”

http://mtcowgirl.com/wp-content/uploads/2010/08/JerryONeil.jpg http://3.bp.blogspot.com/_Zm6JXvXXze4/SVmbLYxuw9I/AAAAAAAADbI/Q4p39HADB-c/s200/MikeMiller.jpg

RLC-endorsed Reps. Jerry O’Neill and Mike Miller voted to protect the Montana medical marijuana law.

Renewable Energy, Curbing Property Rights via “Corporate Socialism”

According to LibertarianRepublican.net, “Sounding like something straight out of an Ayn Rand novel, a renewable energy corporation out of Canada is pushing legislation to allow for seizure of private property rights in Eastern Montana. The Bill pits small landowners such as ranchers in Eastern Montana, against government-backed corporate interests and many environmental groups in support of renewable energy.”

From the Great Falls Tribune, “Montana Senate revives eminent domain bill”:

“HB 198 would grant private developers — including Canadian developer Tonbridge Power — the ability to use eminent domain authority to condemn private property so that transmission lines can be built.

The company wants to build a 214-mile international Tie Line through Montana and Alberta. The bill would [give] Tonbridge the authority it needs to condemn private property along the proposed MATL route in Montana.”

After nearly three hours of debate, 16 Democrats sided with 12 Republicans to pass the measure.

Republican proponents of the measure said if the legislature failed to enact HB 198, it could doom the state’s economy.

“We need an export economy in this state,” Senator Alan Olson said. “We make money to fund our education system, and we make money to fund our senior services on an export economy. If a minority interest is going to shut down an export economy, if we continue to circulate that same stale dollar around the state, we’re done.”

Opponents of the measure, including Sen. Art Wittich, R-Bozeman, said the bill would give private corporations unprecedented power, while sacrificing the rights of private property owners.

“It’s corporate socialism at its best,” Wittich said.

“To me, good government is limited government that respects everyone’s rights and properties,” Wittich says. “I support accountability in government spending and promoting private sector prosperity by adding value to our resources.”

The bill goes for a final vote on Thursday. Then, it heads to Democrat Governor Brian Schweitzer for his signature.

It is not known if Schweizter would sign the legislation, but it appears likely that he would.

http://farm4.static.flickr.com/3293/2845046505_3b6f65f25f.jpg

RLC member Eric Dondero worked to get a property rights initiative on the ballot in Montana in 2006. Here, he is collecting a signature from a resident.

The views expressed here are solely those of the author and do not necessarily reflect official positions of the RLC.

It has become a tradition. Every year, dozens of RLCers make the trek to Tallahassee for the annual “Lobby Days at the Capitol” — two days of tangling with legislators, drinking at Clyde’s and Costello’s and getting briefings from economists, grassroots lobbyists and think-tanks.

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It is a lot of fun, and camaraderie is always a welcome result. But it is more than just fun.

RLC’ers express the views of the membership on key issues directly to legislators and teach them about the liberty Republican approach to policy. The group chooses issues that emphasize liberty and urges principle over party.  View the 2011 Florida RLC legislative agenda.

This year, the issues agenda was longer than usual and Florida RLC Board member John Hallman helped us press the right issues in the right offices to be most effective as he led 34 of us around the Capitol building.

Top issues included supporting the governor on tough pension reforms, cutting spending and taxes, banning of red light cameras, repealing the REAL ID act, several state sovereignty bills, eliminating mandatory minimum sentencing and repealing the state septic tank inspection program.

Interestingly, Smart Cap — the institutional spending restraint billed as TABOR and Taxpayer Protection Act in the past — was on the list but didn’t engender the same enthusiasm of years past. This idea, which traditionally would limit the growth of state spending or revenues to a combination of inflation and population growth, passed the Senate before RLCers had left town. The Senate bill was pushed by its longtime champion Senate President Mike Haridopolos, but had been watered down with exceptions and even with a padded formula that increased spending in the early years and hence raised the spending trajectory forever. As a result, most of our lobbying on Smart Cap was urging House members to adopt a tougher version.

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Another surprise is the interest we found in Tallahassee for medical marijuana. The statewide coordinator for the MedMar referendum effort, new RLC member Kim Russell, joined us as we made our rounds and we discovered several rookie legislators of both parties supported the idea.

altRLC members received a briefing from our chief advisor, FSU professor of economics Randy Holcombe, on several issues. Also, Bob McClure of the James Madison Institute briefed us on the work the Tallahassee-based think tank is currently working on. Additionally, RLC member Greg Newburn of Families Against Mandatory Minimums, as did representatives of Floridians Against REAL ID.

RLC members met with dozens of politicians as a group and individually, as time was provided for us to visit our own legislators. As a group, RLCers met with, among others, Reps. Jimmie T. Smith, Matt Caldwell, Jeff Clemens, Alan Hayes and Sens. Joe Negron, Greg Evers, Scott Plakon, Mike Haridopolos and Don Gaetz.

Pictured: At top, Senate President Mike Haridopolos goes through our legislative agenda commenting and answering questions from RLCers. Next, Rep. Matt Caldwell addresses RLCers about his memorial calling for Congressional term limits and other issues. At bottom, RLC members Bryan Donnelly and Steve Burden listen to FSU professor Randy Holcombe.

A special thanks to Florida RLC Chairman Matt Nye and longtime RLC member Philip Blumel for their efforts to organize the trip.

The views expressed here are solely those of the author and do not necessarily reflect official positions of the RLC.

With tremendous influence from the Republican Liberty Caucus coalition in the New Hampshire legislature, the House passed a bill that allows the use of marijuana for medicinal purposes by terminally and seriously ill patients. The bill, HB 442, was introduced by RLC members, Reps. Jenn Coffey and John Reagan, and will be introduced by RLC member, State Sen. Jim Forsythe, in the Senate.

It allows an approved patient or caregiver to obtain one ounce of marijuana every 10 days, and to possess up to two ounces at any one time. Governor John Lynch (Democrat) vetoed similar legislation in 2009.

The bill passed 221-96, or by 69.7%, doing better than similar medical marijuana bills have done in previous Democrat-controlled sessions, proving conclusively that this is an issue that both parties can support. The bill now moves on to the Senate.

http://factoidz.com/images/user/MJ3(1).jpg

The views expressed here are solely those of the author and do not necessarily reflect official positions of the RLC.

This is it.  We have less than 8 hours to get the attention of Congress and demand that they stand up for the restoration of the 4th Amendment to the Constitution.

Although the renewal of key provisions of the PATRIOT Act was defeated last week when it was brought up for an early vote, that happened primarily because House rules required that it pass by a two-thirds majority under those circumstances.  That narrow defeat of the renewal was only a temporary victory, because the bill remained eligible for passage under the regular rules and with a simple majority vote, and that vote is scheduled for this evening at 6:30.  It’s the only bill on the House docket and there will be only 1 hour for formal debate and no amendments.

This means that most of this day will be dedicated to giving you an opportunity to contact your Congressman and tell him that you like having privacy rights, don’t want the government monitoring your internet and phone conversations, and think that search warrants obtained through proper procedures are a good thing, not an inconvenience.

Three key sections of the PATRIOT Act are up for renewal.  They provide for roving wiretaps without true search warrants, government access to private business records, searches of private property without notice and covert access to electronic data without any due process or oversight.  Together they give the government unprecedented access to your private information without going through the Constitutionally mandated legal processes which are supposed to protect your privacy.

They were passed with a requirement that they be reviewed and renewed regularly because at the time the Congress realized that they were fundamental attacks on individual liberty and violations of our Constitutionally protected rights under the 4th Amendment.  The mood at the time was one of fear and anger and some people felt that the threat of terrorism justified such extreme measures.  Today you need to ask yourself whether this dreadful compromise of your rights on the basis of nothing but fear was justifiable.

Congressman Justin Amash (R-MI) expressed his concerns about renewing these PATRIOT Act provisions when he voted against them last week, writing:

“Like many Republicans and Democrats concerned with protecting civil liberties, I have serious reservations about the USA PATRIOT Act provisions up for renewal.  The business records provision allows the government to order the production of ‘any tangible things’ — e-mails, phone logs, and even library records. Worse still, the company turning over the records to the government is forbidden from telling the records’ owner of the order. Likewise, the Act’s roving wiretap provision goes far beyond a similar provision in criminal law.  It may allow the government continuously to monitor pay phones or public computers, even when a suspect is not using the devices. The breadth of the provisions raises serious Fourth Amendment concerns in my mind, and I cannot support them as currently written.”

The Bill of Rights exists for a reason and it has become clear that there is no threat to this nation from terrorism or other sources which justifies giving up the protections of the 4th Amendment.  The only real target of this misguided legislation seems to be the citizens themselves, and that kind of government meddling and intrusion is unacceptable in a free society.

You only have hours to act.  Please call your member of Congress, or your whole state delegation, using the convenient information at ContactingtheCongress.org.  Tell them it’s been long enough and you want your rights back.

The views expressed here are solely those of the author and do not necessarily reflect official positions of the RLC.

A group of roughly 25 Republican Liberty Caucus of Virginia supporters — including Chairman George Primbs, Vice Chair Steven Latimer, Treasurer Cliff Dunn, members of the Board of Directors, and members of the organization – met early in the morning on Monday, January 17 to participate in the Virginia Tea Party Lobby Day. This was the first coordinated group trip to Richmond.

The Republican Liberty Caucus of Central Virginia played host to the northern Virginia contingent as well as several activists from Charlottesville, Newport News, and Virginia Beach. The day began with a RLC business meeting over coffee and breakfast. RLC’ers brought various literature and brochures to the event to distribute, and the Central Virginia RLC paid three folks to hand out our literature to everyone in attendance at the various events of the day. Chairman George Primbs made “I am the RLC” stickers that everyone ended up sporting.

The Board nominated Shelby McCurnin and Rob Kenyon to alternate positions on the Board of Directors. The Board also chose to endorse Republican Delegate Harvey Morgan’s bill to decriminalize small amounts of marijuana possession in the state of Virginia, HB 1443. After the business meeting, the RLC took a group photo (Note: other RLC members were not present at our initial gathering, but met up with us later in the day):

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Then RLC members met up at the Capitol to meet with legislators. RLC Board member Rick Sincere met with Senator Creigh Deeds, a Democrat, to discuss non-partisan redistricting in the state. A small group of core RLC members met with Senator Mark Obenshain (R) to discuss his constitutional amendment to protect private property rights. Rick Sincere, who also runs his own blog, was able to get the Senator on audio discussing his legislation. The same group of RLC members had an excellent meeting with a new delegate, retired air force Colonel Rich Anderson (R), who represents a Democratic area west of Woodbridge. Delegate Anderson expressed that he may attend the RLC National Convention and enjoyed hearing from RLC members on the need to end government growth and, in particular, our support for HB 1443 to decriminalize marijuana. Each meeting was fruitful.

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RLC members then went to a gun rights rally outside of the legislative office building.  After a break for lunch at the historic Tobacco Lounge, RLC members caught the tail end of Attorney General Ken Cuccinelli’s speech — which an estimated 200 people attended. Cuccinelli talked about his lawsuits related to the Environmental Protection Agency and the Obamacare bill.

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After the speech, RLC members went to testify and express support to the Criminal Justice Committee of the House of Delegates on HB 1443, Delegate Morgan’s bill to decriminalize marijuana. RLC’ers went with the intent of swaying a single Republican member of the Committee to consider allowing the bill to be considered in the General Assembly.  RLC member Rick Sincere testified in support of the bill, as did a large crowd from NORML and LEAP. Unfortunately, the bill was killed in Committee by a Democrat-Republican coalition of legislators.

Ultimately, this was one of the most productive meetings of the Republican Liberty Caucus of Virginia. In addition to participating in the lobby process and showing unity at a Tea Party event/rally, the RLC also was able to engage a wide variety of allies on the organization’s mission as well as invite them to attend the 2011 Republican Liberty Caucus National Convention in Arlington, Va. on Feb. 12. Thanks to the RLCVA members who came out to join us.  To become active in the Virginia RLC, please e-mail us.

The views expressed here are solely those of the author and do not necessarily reflect official positions of the RLC.

Rand Paul’s Stance on Israel a Lesson for
the Liberty Movement to Follow:
A(nother) Libertarian Defense of Israel

by Aaron Biterman

A recent article in The American Spectator by Philip Klein highlights Dr. Rand Paul’s view of Israel. In short, Rand Paul supports free trade with Israel, call for divestment from Iran, and “strongly objects to the arrogant approach of (the) Obama administration” toward the peace process, according to documents Klein obtained from the Paul campaign. Continues the Kentucky doctor, “Only Israel can decide what is in her security interest, not America and certainly not the United Nations.” The younger Paul says, “As a United States Senator, I would never vote to condemn Israel for defending herself. Whether it is fighting Hezbollah in Lebanon, combating Hamas-linked terrorists in Gaza or dealing with potential nuclear threats in the Persian Gulf, Israeli military actions are completely up to the leaders and military of Israel, and Israel alone.”

The truth is that most Kentucky voters agree with the above-stated positions. Most Americans — especially those right of center — also agree with these positions. From a libertarian perspective, there is simply nothing objectionable about the above position statement. If you’re a minarchist and support the ability of the U.S. military to defend our borders against attacks, then it stands to reason that other countries should also be able to protect their borders.

But there is a vocal and growing fringe element within the libertarian/Constitutionalist movement (see DailyPaul.com to hear their rants and raves, or pick up a copy of the filthy American Free Press newspaper) who agree with left-wing radical Helen Thomas, who recently opined that all Israeli Jews should leave Israel and go back to Europe. (View her disgusting comments here.)

This article has been written to refute their bogus claims and defend a pro-Israel position from a libertarian perspective. (Other pro-Israel arguments have been made by libertarians, such as this excellent defense of Israel from Ilana Mercer.)

To Whom Does the Land Belong?

The prime argument driving the anti-Israel fervor is the claim that Jews belong somewhere other than Israel — that they have no legitimate claim to the land of Israel. Those individuals making this claim believe that the millions of Arabs from the 1948 exodus should be returned to their original homes in pre-1967 Israel based upon the libertarian conception of private property rights. This would clearly result in an Arab majority Israel.

I don’t agree with his argument for several reasons. In late 1947, the United Nations voted in favor of the partition of Palestine, proposing the creation of a Jewish state, an Arab state, and a UN-administered Jerusalem. Partition was accepted by Jewish leaders but rejected by Arab leaders, leading to civil war. One party was willing to compromise and the other was not — a familiar trend in the seemingly never-ending feud.

When Israel was declared a state in 1948, most of the Arabs living within the boundaries were encouraged to leave by the invading Arab armies to facilitate the slaughter of the Jews. These Arabs were promised Jewish property after victorious Arab armies won the war. Sounds familiar, doesn’t it?  Think 1939 to 1945 in Europe.

Of course, the day after Israel was declared a state (in 1948) it was attacked by Egypt, Jordan, Syria, Lebanon, Saudi Arabia, Iraq and Yemen. And it’s been on the defense ever since. It is hard to believe that any libertarian — a person who purports to believe in the right of self-defense, even for a nation — would deny that a nation like Israel should be permitted to defend itself against terrorists seeking to exterminate Jews in the Middle East and replace Israel with a Taliban-style Islamic theocracy.

According to Yaron Brook of the Ayn Rand Institute and his co-author Peter Schwartz, “Only a state based on political and economic freedom has moral legitimacy. Contrary to what the Palestinians are seeking, there can be no ‘right’ to establish a dictatorship.” The Palestinians elected a Hamas majority to the Palestinian Legislative Assembly and now Hamas controls Gaza. Hamas is a radical Islamist terrorist organization that seeks to wipe Israel (and all Jews) off the face of the earth and replace it with an Islamic Palestine.

Concludes Brook and Schwartz, “Israel’s founders — like the homesteaders in the American West — earned ownership to the land by developing it. They arrived in a desolate, sparsely populated region and drained the swamps, irrigated the desert, grew crops and built cities. They worked unclaimed land or purchased it from the owners. They introduced industry, libraries, hospitals, art galleries, universities-and the concept of individual rights. Those Arabs who abandoned their land in order to join the military crusade against Israel forfeited all right to their property. And if there are any peaceful Arabs who were forcibly evicted from their property, they should be entitled to press their claims in the courts of Israel, which, unlike the Arab autocracies, has an independent, objective judiciary — a judiciary that recognizes the principle of property rights.”

Double Standards and the Need to Single Out Israel

The individuals leading the vocal anti-Israel movement within the broader coalition of pro-liberty activists claim they are interested in the quality of the lives led by the non-Jews living in the region who are being persecuted by the evil tyrant nation of Israel. But it’s rare to hear these same vocal anti-Israel critics talking about the fact that Jews cannot enter Mecca or Medina, that Jews cannot purchase or sell land in Jordan (nor can they become citizens), or that Jews and Israelis are banned from entering Saudi Arabia.

Not only do Arabs have representation in the Jewish Knesset (legislative branch of government), but Israel also offers one of the few safe havens for women and homosexuals who fear persecution (and humiliation and/or death) in many other parts of the Middle East.

The vocal anti-Israel voices within the broader liberty movement always single Israel out whenever they have an opportunity. They ignore the fact that Egypt, Jordan, and the Sudan are each on the top ten list of recipients of U.S. foreign aid, with Egypt receiving nearly $2 billion annually.

They don’t talk about anti-Semitism at all. Perhaps they believe it doesn’t exist. The truth is that worldwide, scores of anti-Semitic (anti-Jewish) outbursts are recorded each month by monitoring groups, ranging from armed and other attacks on individuals and property to the desecration of cemeteries and Holocaust memorials and the daubing of anti-Semitic slogans on buildings, often those housing Jewish communal offices and synagogues.

In the U.S., for example, the number of anti-Semitic crimes went up from 969 in 2007 to 1,013 in 2008. Such episodes represent 66 percent of all religiously motivated crimes and 12 percent of all recorded hate crimes. These are unsettling numbers when we consider that Jews constitute approximately 2 percent of the general population. Anti-Semitism is widespread throughout the Arab and Muslim world, manifested in every segment of society. Here (.pdf) are some examples from the Arab media alone.

As Ilana Mercer mentions in her defense of Israel, any libertarian who defends Israel recognizes its many imperfections. It is a quasi-socialist country which has violated human rights in the past via demolition of houses and closure of the Palestinian territories. We don’t excuse this behavior and criticize the Israeli government when it oversteps the rule of law.

But Israel’s current air and naval blockade on Gaza — which is controlled by Hamas — is justified defense of Israel.  Clearly Hamas intends to acquire lethal weaponry to wipe Israel and its citizens off the map.  As is pointed out in The Washington Post, an organizer of the ‘humanitarian’ boat that was stopped by Israel last week admitted that the boat was meant to break Israel’s blockade, effectively ending their inspection process. If successful, weapons — no doubt meant to exterminate all Jews in Israel — could be obtained by the radical government in charge of Gaza.

Regardless, libertarians in the U.S. who support Israel do not support U.S. foreign aid for Israel (although many believe that the U.S. should help Israel with arms technology development), believing instead that private aid would be more than enough to defend Israel against its enemies.  Of course, they believe that foreign aid should also be cut off to all other countries as well.

Just as libertarians in the U.S. support a strong national defense of our own country, pro-Israel libertarians also support Israel’s right to defend herself against attack. The same libertarians defending Israel’s right to self-defense can simultaneously defend a non-interventionist foreign policy. There is no contradiction, except by those who would have Israel wiped off the face of the earth due to an erroneous claim to ‘property rights’.   

Libertarians Should Support a Two-State Solution

A two-state solution is the sensible answer to the problem in the Middle East.

A two-state solution would create two separate states in the Western portion of the historic region of Palestine.  Israel would remain a Jewish state and Arabs would be given citizenship by a new Palestinian state. The new Palestinian state would also offer refugees citizenship, while Arab citizens of present-day Israel would be offered a choice of citizenship among the two states.

A one-state Palestine will, as Ilana Mercer put it, have “no economy, no free speech and press, no independent courts, no sound contract laws, and no individual or property rights.” Even worse, there is a huge threat that such a government will be run by radical dictators with an agenda that has little to do with protecting the rights of their citizens.  Such an endeavor would not only threaten the Middle East, but the world as well.

Why so many so-called freedom fighters continue to advocate this ‘solution’ — a one-party dictatorship state — is beyond me, but in the interim Israel will continue to defend itself — as any libertarian should expect it to.

When analyzing the situation in the Middle East, it’s important to look at the big picture. Over a period of many years, Israel has worked to reach an agreement — a compromise — but the other side has not.

That’s why Rand Paul stands by Israel and why you should, too.

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Aaron Biterman is Vice Chair of the Republican Liberty Caucus. As it is stated below this post, this article is just one opinion. We realize some RLC members will disagree with this opinion. If you would like to write a counter piece to be published in this blog, contact the Republican Liberty Caucus.  Only articles from dues-paying members of the RLC will be considered.

The views expressed here are solely those of the author and do not necessarily reflect official positions of the RLC.

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