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Enforcing the Law on Law Enforcement
A few days ago, a Utah Valley University student was questioned by a couple of police officers regarding his possession and “open carry” of a handgun. Someone had called the police to report a “man with a gun”, and the police swooped in to save the day—this after the student had been open carrying fairly consistently for the past three semesters. The student was well within his rights, despite the ignorant law enforcement officers claiming that he was not allowed to openly carry his firearm.
The student was able to record most of the exchange on his iPhone, which he then posted on YouTube (here and here). In the ensuing days, he was interviewed by a litany of local media outlets about the event. It is safe to assume that none of this attention would have been generated had he not been able to provide a recording of the police officers making factually incorrect assertions regarding the law and ordering him to comply with an unnecessary and unlawful order; without documentation, it becomes a matter of “he said, she said”.
The Unwarranted Expansion of Administrative Subpoenas in Utah
A piece of legislation currently working its way through the Utah legislature seeks to expand the authority for Utah law enforcement agencies to use so-called “administrative subpoenas” to obtain information from internet and other telecom service providers about individuals who are allegedly suspected of certain types of crime. Sponsored by Representative Brad Daw (R-Orem), HB150 amends the statute created last year that authorized the use of these subpoenas in cases of suspected sexual abuse of children.
An administrative subpoena is a writ issued by a government agency that has the sanctioned authority to compel testimony by a witness or the production of desired evidence. HB150 focuses on the latter, and for support leans on two statutes in the United States Code, namely 18 U.S.C. 2703 (“Required disclosure of customer communications or records”) and 18 U.S.C. 2702 (“Voluntary disclosure of customer communications or records”)—both substantially modified by the horrible USA PATRIOT Act—to justify the use of such subpoenas. (Keep in mind that the federally-legalized subpoenas were originally meant for terrorists, not child sex offenders and others. But I digress.)
Why America Should Apologize
The following article was also published at Lew Rockwell and Information Clearinghouse.
In an interview this week about his forthcoming book, No Apology: The Case for American Greatness, Mitt Romney was asked what he meant when saying that America need not apologize. He responded as follows:
While we’ve made some mistakes, we have a record of promoting freedom, peace, and prosperity throughout the world. There is a view in Washington that America will be eclipsed by other nations. I think that would have grave consequences for freedom and world peace.
True to form, he did not actually answer the question. He first made a highly superficial concession that we’ve made some mistakes. (Which? How often? How damaging?) He then goes on to blabber about a “view” that other nations might “eclipse” America, something he feels would have “grave consequences”. How this is in any way connected to the original question is anyone’s best guess.
On the Necessity of Repentance
I gave the following talk in another ward today:
We all must repent
The scriptures and church history provide us with many inspiring stories of individuals who have repented of previous sins and become mighty men and women of God. Alma the Younger, the rebellious son of the high priest who spent his time trying to destroy the faith and testimony of his countrymen, was confronted by an angel of the Lord and struck dumb for three days. He awoke a new man, ready and eager to prove to his earthly and heavenly fathers that his conversion was sincere and previous wrongs would now be made right.
A Pharisee named Saul was a prominent persecutor of the early Christians who participated in the murder of Stephen, one of the seven chosen by the first set of apostles. While on the road to Damascus to continue his oppression of the followers of Christ, he had a vision of Jesus Christ himself and was left blind for three days as a result. Saul turned his life around, became known by the Latin version of his name, Paul, and became a key instrument of God in building up his kingdom.
The Arrogance of America’s Aristocracy
The theory of congressional stagnation refers to the high rate of retention for Congresscritters seeking re-election. In the 2008 election, for example, 94% of members of the House were re-elected, and 83% of incumbent Senators retained their seat.
The prevalence of this pattern has created an environment in which it has become customary to consider the position as belonging to that individual. This is not entirely unexpected, since an individual in the same position for one, two, or three decades is hard to separate from the position he holds. Most recently, then-candidate Scott Brown had to correct moderator (and notoriously statist) David Gergen for referring to the open Senate seat as belonging to Ted Kennedy. Applause ensued when Brown remarked, quite correctly, that it is “the people’s seat.”
Constitution, Conscience, Constituency
Elected leaders in our republican representative system face a quandary when considering how they will vote on an issue. Many of them are unfortunately unaware of (or intentionally ignore) the standard by which their votes are to be cast, and thus proceed in blatant disregard for the proper process of deciding upon an issue. This process entails three influencing factors whose order is important: the Constitution, one’s own conscience, and the constituency being represented by the office held.
Most politicians disregard the first and the last, voting only according to their conscience (or lack thereof). This type of person might, if they’re savvy enough to use the argument, justify their actions by pointing to the representative system itself—the voters placed this person in office because of his/her stance on the issues, and thus that stance can confidently be implemented once the office is obtained.
On Amendments and Constitutional Purity
Given the resurgent popularity of the Constitution in many conservative political circles as of late, ideological opponents have taken to looking for weaknesses in position and policy that are susceptible to attack. One of the more tiresome and ignorant retorts deals with the desire by some proponents of the Constitution to amend it.
The argument goes something like this: how can a person who claims that the Constitution is inspired and so important simultaneously advocate that it be changed without appearing hypocritical?
The Misplaced Ire of Citizens United
The U.S. Supreme Court recently announced a ruling which has been divisive both among the justices of the Court and the people at large. In Citizens United v. Federal Election Commission, the Court determined in a 5-4 vote that corporations could independently spend money to support or oppose a candidate for a federal office.
Citizens United is a conservative nonprofit organization which wanted to run TV commercials promoting its documentary “Hillary: The Movie” which was critical of then-Senator Clinton. Additionally, they desired to broadcast the film just before the election. Both of these actions ran contrary to the onerous restrictions imposed by the notoriously anti-free-speech McCain-Feingold bill. After the appellate process, the case made its way to the Supreme Court, where the divided justices ruled in favor of Citizens United, overturning the previous restrictions on corporations to independently promote election-related information.
For all of the fuss being made by those who both support and oppose the Court’s ruling, few people have bothered to address the underlying forces at work to determine why all of this is even an issue to begin with.
Why the Latter-day Saints Prepare
I gave the following talk in my ward today:
Latter-day calamities
Ask somebody how they feel after reading or watching an hour’s worth of news, and they’re likely to reply that it makes them feel depressed. It seems that the entire world is in a constant state of commotion, whether due to natural or man-made disasters, which perhaps led to Enoch asking the Lord “when shall the earth rest?” How are we, the Latter-day Saints, to view and react to these events?
Brigham Young reminded us that what we now consider to be a barrage of bad news is merely a preface to the clamor of latter-day calamities the Lord will unleash in the future:
The Failure of Foreign Aid
Almost half the world—over three billion people—live on less than $2.50 a day. The condition of humanity’s well-being is, in the aggregate, a story of poverty, suffering, and deprivation.
Sympathetic Americans have, to their credit, and due to their more affluent position resulting from their relative economic freedom and capitalist system, been a major factor in trying to correct this imbalance. A recent Hudson Institute study (PDF) notes that yearly private philanthropy from individuals in the United States of America stands at an impressive $37 billion.
Contrasted with government aid at $21.8 billion, we immediately can put to rest the erroneous assertion, often made, that people do not donate enough and government can do more. Indeed, as the study further shows, the aid offered by the government pales in comparison to the total financial flow from the USA to developing countries. When the $79 billion of yearly remittances (money transferred by individuals to their families/friends in another country) are factored in along with private investment in these countries, government aid accounts for only nine percent of the pie.
Life, Liberty, and the Pursuit of Happiness… Unless You’re in Utero
By the time their reign of terror had finally come to an end, the National Socialist German Workers’ Party (Nazis) had murdered roughly 20 million people. So abhorrent were these crimes (though they pale in comparison to Josef Stalin and Mao Zedong’s), that in an attempt to distance themselves from the sins of those responsible, Germany has made it a criminal offense to even display or use the Swastika (the party’s symbol), except for academic purposes. Documentaries have been made, books written, and a cultural disgust for all things Nazi has permeated society—and rightly so.
What, then, has been the cultural reaction to the collective mass murder of over twice the number felled by the Nazis? Today marks the 37th anniversary of Roe v. Wade, a Supreme Court case that serves as a large stain on America’s heavily-soiled standard of liberty. Since that time, the lives of roughly 52 million unborn children have been extinguished outright with the blessing of the federal government.
Utah Senator Bob Bennett is No Friend of the Constitution
Due primarily to the influence of a large number of members of the LDS Church, Utah has an interesting political dynamic with regards to the Constitution. A majority of residents would agree with the statement that the Constitution is an inspired document, and many profess a love of and respect for this foundation of our government. More importantly, there are many who are willing to promote and defend its principles—evidenced by the swelling ranks and increased activity of organizations such as the Campaign for Liberty, Tea Party Patriots, 9/12, Patrick Henry Caucus, John Birch Society, and others.
At a time when our Constitution is being ignored, subverted, and dismissed as an anachronistic piece of history, we have seen a number of individuals who are concerned enough to offer their services in its defense by stepping into the 2010 Senate race. Many of the positions held by these candidates are familiar to Utahns because they are based in the Constitution, founded upon the principles of liberty, and resonate with individuals seeking to get the federal government off of their backs and out of their wallets.
Three-term incumbent Senator Bob Bennett, however, appears clearly out of step with this adherence to the Constitution and out of touch with his constituents. So foreign is his message to those he portends to represent that in one recent “fireside chat” he stated that he was holding such meetings to “reintroduce [himself] to the people of Utah.” A recent poll showed that 73% of Republicans voters feel that congressional Republicans have lost touch with their base. Senator Bennett, then, certainly has plenty of company.
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- Enforcing the Law on Law Enforcement
- The Unwarranted Expansion of Administrative Subpoenas in Utah
- Why America Should Apologize
- On the Necessity of Repentance
- The Arrogance of America's Aristocracy
- Constitution, Conscience, Constituency
- On Amendments and Constitutional Purity
- The Misplaced Ire of Citizens United
- Why the Latter-day Saints Prepare
- The Failure of Foreign Aid
- Life, Liberty, and the Pursuit of Happiness... Unless You're in Utero
- Utah Senator Bob Bennett is No Friend of the Constitution
- On Whether to Tear Down or Build Up
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- Punishing the Many to Protect the Few
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