Tag Archives: Rule of Law

Suspicionless Checkpoint, Addendum

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Lieutenant Stephen D’anjou says that the suspicionless checkpoint (covered previously) was announced to the Daily Breeze on September 2nd.  Again, I find no mention on the Daily Breeze website, so we still have an effective Internet blackout of this information.

The Lieutenant  believes it was also posted on Torrance Police Department website, but he said the website program never published it.  An honest mistake.  I've seen first hand that this can be a common mistake in any web publishing environment.

But there's something else I'd like to point out.  See if you can tell the difference between the two announcements.  One announcement was for the 11th, the other was for June 19th.

The information published about June 19th, 2009 listed the intersection as well as the time.  But the information published about September 11th, 2009 does not list the intersection.

It's already beyond recognition of what it was originally.  They're just going to keep tweaking and modifying this.

If you still don't understand why this is bad, please review my previous article on the subject.  Also consider an article called "Bloodsuckers in Blue" on Lew Rockewell's web site.

 

Posted via email from Anthony Martin's Weblog

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Last Night's Suspicionless Checkpoint

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Last night, I observed a suspicionless checkpoint on Artesia going eastbound toward Van Ness.  All eastbound traffic was being stopped.  A lot of cars were being towed.

I contacted Torrance Police Department to inquire as to why these activities were not announced ahead of time.  The initial response from Lieutenant Stephen D’anjou (via Blackberry) was that the press release was sent out last week.

I believe Lieutenant D’anjou is mistaken.  I checked the Torrance PD web site and no such press release was listed on their press release page.  Maybe a press release was sent out but just not posted on the web page.  The local paper would have gotten a copy if that's the case.

But this is not the case from what I can tell.  Daily Breeze (the local newspaper in Torrance) has announcements for other such activity in the past, but not the one regarding last night.  Was it announced only in hard copies of the newspaper?  Is this an Internet blackout?

Yet indeed, here is a view of the actual suspicionless checkpoint from the corner of Artesia and Van Ness, looking back to the west:

Download now or watch on posterous

Zi6_0541.mp4 (6911 KB)

This is a shot of the parking lot next to the activity:

Download now or watch on posterous

Zi6_0542.mp4 (4559 KB)

Torrance Police Department believes the "DUI" checkpoint is a proven effective method for increased awareness of the dangers of impaired driving.

In the past, by publicizing these enforcement and education efforts, Torrance Police Department believes motorists can be deterred from drinking and driving.

Typically, funding for these kinds of operations is provided by a grant from the California Office of Traffic Safety through the National Highway Traffic Safety Administration.

But last night, they broke from their previous motivation and imposed the suspicionless checkpoint without even prior notice.

Whatever your belief of the effectiveness of these suspicionless checkpoint, know this.  It is a violation of the 4th Amendment of the US Constitution to demand evidence of a crime without probable cause.  The suspicionless checkpoint, by definition, lacks probable cause.

It is much easier to introduce an intrusive measure by watering down the most intrusive aspects.  It is harder to be against suspicionless checkpoints when they are announced ahead of time.  But is easy to just stop announcing them once they become commonplace.

We are no longer on our way to a police state.  We live in a police state now.  It's only going to get worse.

Posted via email from Anthony Martin's Weblog

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Understanding the Voluntary Society

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Let's imagine I have extremely troublesome neighbors living next door to me.  And they're not just troublesome, they are downright rotten and they violate my private property with nuisances like noise, smells, occasional vandalism, and verbal threats.

If there was no government solution to everything, there would pretty much always be a voluntary market solution.  Government gives you one-size-fits-all, so that's why they can only think of these dumb ideas.  They also have no incentive to avoid waste since they take their resources by force.

The above simple answer is usually not enough for people, so a more detailed solution is as follows:

Protection (Insurance) Agency Example

In my scenario, since there is no government solution, I would hire a private insurance agency to deal with the problem neighbor matter.  I would agree to pay a monthly premium to the agency that they decide on after observing my situation.  They would have an interest in setting the premium to the right level depending on how the neighbors act when they do their inspection(s) before we sign the contract.

I may have a high premium because my neighbors are unusually difficult.  If I have a high premium, I might tolerate my neighbors until I feel I have evidence that they have sufficiently transgressed against my property.   When my neighbor transgresses against my property, I will make a claim and let my agency will decide how to handle it in the most effective manner.

So I don't have to personally think of ways of dealing with the problem because I have paid experts who have a financial incentive to get it done for my particular situation.

If my agency cannot deal with the problem, my contract stipulates that my agency will pay to move me to a new location, lock, stock, and barrel.  So they have a huge incentive to figure out a creative solution.  Either way, problem solved.

Arbitration Agency

I outlined that the contract was between me and my insurance agency. Let's assume this would be a reputable, well know insurance agency. If I have any disputes with them, we both agree to take our dispute to an arbitrator.  If either of us are unhappy with the decision, we can appeal the first arbitrator to a second.  If the first arbitrator is overturned, the first arbitrator pays, so they have an incentive to do it right the first time.  In fact, it would always be "loser pays" for any dispute.

If the loser cannot appeal and does not make the winner whole, they are financially ostracized, which can ruin a business and an individuals who want to make future contracts.  So civilized people would want to avoid it at all costs; they will abide by the arbitrators decision.

This is called a "voluntary society."  As opposed to a society that operates on coercive violence.

You may wonder if police still exist in this scenario, and I think they certainly could, as long as they keep to themselves when there is no calls out for them and when people have other arrangements.

The less we look to government solutions, the better off we'll be.

In this scenario I describe, it would be highly unusual to look to any kind of government judges after already agreeing to a private solution.  Someone who appeals to government after a getting a private arbitrator would also be ostracized.  They don't mix well unless all parties agree to mix them.  It's like using baseball rules in a game of cricket.

Take the SMS ban while driving.  That should most certainly be an insurance arrangement.  Your insurance company should ask if you intend to SMS while driving.  If you say yes, you should pay more.

The Altruistic Body

It might be hard to believe that it is never necessary to look to government for any reason.  Maybe you are looking for a wise, altruistic, disinterested body with unlimited resources that knows the likely outcomes of the great many schemes of man?

This person knows if you've been bad or good, right?  I think I have heard of him.  He wears a red coat and has a white beard, right? Rides a slay, I think.

Yeah, I stopped believing in Father Christmas a long time ago.

I joke.  But I don't.  I'm sorry if that seemed glib or condescending, but that's what I think of the "all seeing eye" of government.  It's fiction.  It's Santa Claus.

Yet I do believe there is a set of overarching laws that all market actors must follow without exception.  They can be boiled down to:

  1. All parties do what they agree to do.
  2. Non-aggression Principle is in play (which means do not initiate force).
  3. Failure to follow 1 or 2 will result in ostracization.

You may wonder if the above rules I set out require a governing authority.  I do not believe they do.  That's the point.  Enforcement turns completely on the idea of ostracization.

P.J. O'Rourke said, “When the legislature controls what is bought and sold the first thing that is bought and sold is legislators.”

Therefore it follows that if ostracization controls what is bought and sold the first thing that is bought and sold is ostracization.  Meaning you will do everything to protect against, and buy protection from, whatever limits you in the market place.  It becomes a commodity.

At Least Repeal Regulation

In America, Vice Presidente Dan Quayle once talked about how something like 100 or 100,000 regulations being eliminated in a particular government agency.  I can't remember the details.  But it resulted in a net savings of $20 or $25 billion for the businesses being deregulated.  How much do you think would have been saved if they just got rid of the whole ball of wax?

Regulations cost money to implement and enforce.  Obviously someone has to benefit or else why would regulations come about?  Government is one body that benefits.  But market competitors also benefit.  So they lobby to regulate their own industry.

Regulation is really just government backed "cartelization" (as in "to make a cartel").  A private cartel that has no government privileged to back it cannot last very long.  Someone in the cartel will lower their prices to take advantage of the other cartel members who made a pact to keep their prices high.  Once one member lowers his prices, the whole thing falls apart.

Government regulations have the same effect, but they are harder to bust than cartels because government regulation carry the "color of law."

For example, in Virgina, there's a town that requires professional photographers need get a special license.  Illegal photographers cannot advertise their business in the paper or the phone book. Regulation was supposed to improve the industry but all it did was increase the capital required to start.

Another example, in 1934, the last taxi license was issued in New York City for $10.  A fixed number of licenses traded back and forth from then on.  Now, those licenses trade for around $100,000.  So taxi drivers cannot start their own business without very heavy capital.The little guy has been excluded and the big guy likes this arrangement.

That's all regulation does.  It makes people feel good (a false sense of security) and gives the big guy a huge advantage.

I think private (for profit) certification is a better option instead.  We have the Better Business Bureaus and Consumer Reports, but their role is undermined by government regulations that overlap with them.  Ever hear of the UL?  That's the private body that tests and certifies electrical equipment.  The UL is successful *because* the government never really got into that field.  Many people think the UL *is* a government agency, but it's nothing of the sort.

The certification companies position their business so that they profit by their expert opinions.  They spend limited funds judiciously to test and certify.  If it turns out they fudged something, they are putting their name and business on the line.  Without regulation, someone is always ready to compete with them, just waiting for the smallest slip-up.

Child Molesters

You might ask, "Do I really think a voluntary society can deal with things like child molesters?"

I think the incentive to fix problems is there if you look and are free to innovate.  Remember, if I knew exactly how the free market would handle each opportunity, I could be dictator.  There are innovative solutions we could never dream of.  The way it might work is thusly:

Imagine there exists a child with only one parent and that parent is pretty much the only one who knows the child exists.  So for the most part, nobody cares if the child exists or not.  Then assume the child is abused by his or her parent.

Let's suppose a private protection agency is formed to seek out evidence to suggest children like this could exist.  Let's further suppose that this protection agency could put together evidence by using investigative technique like interviewing neighbors and going through people's garbage, etc.  These techniques are not aggressive techniques and therefore do not violate the non-initiation of force principle.  And *if* they are perceived by anyone as a violation, they can go to arbitration.

The protection agency has to take risks, but they have to also weigh the risk against losing settlements in arbitration.

The protection agency weighs the evidence and the risk against the incentive to put their reputation and livelihood on the line to break into the suspected house of a child abuser to rescue the child.  They then go to arbitration with hard evidence and an actual perpetrator in their custody.

For the initial incentive, we need to assume there is a standing bounty for child abusers in this voluntary society.  Voluntary charities can put up money and resources to give incentive to protection agencies.

The child will grow up and might eventually need protection agencies for him or herself.

This protection agency could be thinking of the long term goals of saving children in order to build a well known and successful brand, thereby offering service back to the children it saves.

This is just one isolated line of reasoning.  I think this line of reasoning can be adapted to a lot of different scenarios or even ignored and approached in a completely different, voluntary way.

No Utopia

I make no claim that any voluntary society would be utopia.  But wild-cards like serial killers would have to deal with an armed society.  And an armed society is a polite society, which would certainly be an improvement.  Neighbors would know each-other and look out for one another because they know they only have each-other and any mutual protection pacts they've developed.

I don't see how charity is Utopian.  Charity is something conservatives point to whenever they make arguments against high taxes.

I don't see how voluntaryism is Utopian.  Voluntary interaction is a very fundamental form of free association.  The notion of "unlimited contract" is just another way of talking about voluntary interaction.

There may in fact be situations where it's not lucrative to participate in a particular market.  That is called a wasteful enterprise.  Unfortunately, our current system keeps us in the dark about exactly which situations are lucrative and which ones aren't.  It's not a conspiracy, it's just how socialism works.

So if there's no money in belly-button-lint-removal, nobody should be trying to make a living doing it.  But if there's a government paying people to do it, they'll do it, even if it's wasteful, to the detriment of other tasks.  That's basically socialism.

Socialism distorts market signals.  Like right now, the cash-for-clunkers program is distorting market signals.  Car companies think there's demand for certain models, so they will move capital* to produce those models in order to meet the "demand."  But the demand is artificial.  If the distortion stops, the demand will fall.  It has nothing to do with real resources being traded.  It's all artificial.

* (Moving capital is a HUGE SERIOUS BIG deal.  Over time, it is where financial bubbles come from.  Moving capital, by definition, makes it hard to "go back" to another capital position.)

In a free society, it might not be lucrative to start a daisy-picking agency.  So if it's not lucrative, or if it's not mildly rewarding, it won't be pursued as a profession.  To suggest it should be perused by force for *any* reason, and force funds to be allocated to that pursue, is the very definition socialism.

So if catching a really smart serial killer is a wasteful enterprise, it shouldn't be anyone's profession.  Maybe it can be someone's hobby.

By the way, may I ask how police in our society, who are paid by force, can catch really smart serial killers who can not be caught in a voluntary society?

Posted via email from Anthony Martin's Weblog

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Horse Wranglers In NH

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Here's a little background.  The videos below are two parts, perhaps waiting for a third, about a family's encounter with a militant charity.  You may be familiar with the SPCA, an organization not normally associated with militantism.  Usually we think of PETA as the militant animal rights group.

But that's not the most bizarre part.

The reason the SPCA representative was being militant was because he wanted to see if the Travis family was taking good care of their own horses.  Apparently, in New Hampshire the law requires shelter for horses during November through April.

But that's not the most bizarre part.

Some of this may be hard to understand if you aren't aware of a few things: Life, Liberty, and Private Property.  In America, some people observe this tradition referred to as "Liberty."  This tradition may seem quaint to most of us, but if you understand this concept, the video begins to make a little more sense.

The Travis family interpret Liberty differently than the man from the SPCA.  The Travis family want to be left alone to enjoy their Life, Liberty, and Private Property.  The man from the SPCA does not observe Private Property the same way.  He and his police buddy believes the law gives them the right to enter Private Property in order to enforce their statues.

So rather than go through the proper and civilized channels, rather than make an appointment with the Travis family, rather than show them the courtesy that equal human beings should show one another, the man from the SPCA starts off making accusations then calls the police in an attempt to intimidate the family.

But that's not the most bizarre part.



Now for the bizarre part.  If you're into firearms, pay attention:

Posted via email from Anthony Martin's Weblog

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Andrew Napolitano on Presidents Ignoring the Constitution

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Judge Andrew Napolitano did a great five minute editorial on Fox "News" about the role of the president and how most of them ignore the Constitution.  Frankly, they always have and they always will.  It's the legislator's job to watch-dog the president and when they don't it's the people's job to bring in the tar and feathers for all of them.  I highly recommend listening to Napolitano:



If you don't agree, you can move out of the several states, as some have suggested to me for having this view.  Now I'm interested in his book, A Nation of Sheep .

Posted via email from Anthony Martin's Weblog

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Proposition 8

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Well here we are. It's the mob rule, also known as "democracy." Over here in California, we have a proposition on the ballot to define marriage as between a man and a woman. But there's a circus to go along with the proposition:

A man wearing a "No on 8" button was beaten with a "Yes on 8" lawn sign in Torrance this week in what police characterized as a possible hate crime.

Source: Proposition 8 may have been at center of Torrance assault

The police might have classified it as a possible hate crime, I classify it as plain old stupidity on both sides. The paper reporting this story is a local rag called "The Daily Breeze." I don't know the political slant of this paper because I don't read it very much. But the overall circus is a lot bigger than the story makes it out. This video was shot by me yesterday (October 28th, 2008) on the corner of Hawthorne & Artesia in Redondo Beach, CA. I think it speaks for itself:





I believe marriage is defined by the culture. The culture is defined by the people who live in that culture. Democracy really doesn't have much of a role in changing marriage when the culture has already spoken. The culture has taken marriage and destroyed it. The idea that we should now vote on it is absurd. Marriage has been attacked again and again by the very people who want to define it as between a man and a woman. Even changing the California Constitution will not change the divorce rate. This circus will certainly not convince people either way.

I originally planned to vote against this proposition, but now I abstain all together from casting a position on it. I originally signed the petition to get it on this ballot, but now I decline from endorsing either position.

I define marriage as between a man and a woman. But marriage has gone millennium without help from the state. If we truly value marriage, let's uphold marriage as sacred. Protect marriage by protecting your marriage. And stop the circus.

Posted via email from Anthony Martin's Weblog

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Government's Role

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On the latest episode of The Sitter Downers, "Tom Gets Hitched…," Adam and Torri asked me what I think the role of government is.

Torri's question was, "Does the federal government not have a role in society at all? Should we not have laws against robbery and murder and things like that?"

Adam asked, "What powers does the federal government have, that are in accordance with the constitution?"

In a nut-shell, these amendments help express the federal "box" we have a duty to keep them in (air-holes are optional):

Ninth Amendment

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Tenth Amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

To summarize these two amendments, even if the right is not explicitly expressed in the Constitution, the people still have that right (ninth amendment). And if the right is not explicit expressed in the Constitution, the federal government does not have that right (tenth amendment).

Thomas Jefferson supposedly once stated:

If people let the government decide what foods they eat and what medicines they take, their bodies will soon be in as sorry a state as are the souls who live under tyranny.

Even if Jefferson did not make that statement, I'm sure he would be against he idea of the FDA. This is just one example of a fundamentally and practically bad idea because its very existence suggests people should abdicate their responsibility to a group of people with a lower incentive to do their job right.

Insofar as federal agencies preventing or prosecuting robbery and murder, the several states are perfectly well equipped to deal with these things. Even now, as a function of percentage, when there is a murder, federal agents rarely get involved.

Of course, the feds step outside of this box all the time. Who's job is it to keep them in this box?

If you have thirty minutes for a complete answer from a real expert, here is an excellent explanation of The Role of Government:

The Economics Of A Free Society by Ron Paul
Download now or listen on posterous

2891 The Economics of a Free Society.mp3 (6690 KB)

If you think Bush acts like a democrat, what do you think McCain would do if he were elected? If democrats act like democrats and republicans act like democrats, doesn't that mean we actually have a one party system?

By the way, you can listen to the audio in my blog from iTunes (or on an iPod).

Posted via email from Anthony Martin's Weblog

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Den Of Vipers

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President Andrew Jackson said in 1836, during the banking crisis of his day:

Gentlemen, I have had men watching you for a long time, and I am convinced that you have used the funds of the bank to speculate in the breadstuffs of the country. When you won, you divided the profits amongst you, and when you lost, you charged it to the bank. You tell me that if I take the deposits from the bank and annul its charter, I shall ruin ten thousand families. That may be true, gentlemen, but that is your sin! Should I let you go on, you will ruin fifty thousand families, and that would be my sin! You are a den of vipers and thieves. I intend to rout you out, and by the eternal God, I will rout you out.

There are a lot of similarities in this small paragraph with our current situation.  Jackson doesn't blame speculation alone, but they do today.  He identifies the privatized profits and socialized losses.  If only Bush could have taken this approach with the Federal Reserve System.  Instead, he is a willing accomplice.  Jackson did something that was unpopular to the ten thousand families, but it was the moral thing to do.  He got rid of the central bank of his day, we must do the same in ours.

Posted via email from Anthony Martin's Weblog

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