Enforcing the Law on Law Enforcement


photo credit: Dred242

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”.

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Constitutional Basics

For the last couple of weeks I have been teaching a Citizenship in the Nation merit badge to the Boy Scouts in my LDS Stake. Here are some of the fundamentals that we have talked about regarding the United States Constitution.

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The Unwarranted Expansion of Administrative Subpoenas in Utah


photo credit: OperationKids

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.)

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Why America Should Apologize


photo credit: kevindooley

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.

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Global Warming is "Very Likely" at a "Tipping Point"

Some terms I seem to hear more often from man-made global warming alarmists these days are that man is “very likely” causing global warming, and that it may be at a “tipping point”.  Both phrases indicate a sense of desperation.  Maybe the whole idea of man-made global warming itself is very likely at a tipping point.
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The Arrogance of America’s Aristocracy


photo credit: The Library of Congress

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.”

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Buh-Bayh

There’s a new strain of Potomac Fever spreading through Washington. Democrats seem to be most susceptible to the disease. Senator Evan Bayh (D-IN) is the latest victim to succumb in a string of illnesses.

Potomac Fever is usually associated with the love of Washington; the love of power and politics. This new strain of the bug, however, has had quite the opposite effect. As Josh Kraushaar from Politico puts it, “even the politicians are sick of Washington.”

In his speech yesterday, Bayh said:

I love working for the people of Indiana, I love helping our citizens make the most of their lives, but I do not love Congress.”

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Constitution, Conscience, Constituency


photo credit: Keven

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.

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Multi-Dimensional Political Perspectives


photo credit: mkandlez

Jane Hamsher wrote about the 11 Dimensional Chess approach to health care legislation that the Obama administration tried. That sent me back to some earlier thoughts I had shared about how we visualize the political spectrum. The simplest way to view things is one dimensional. Like the opening image here it breaks down into a right/left, red/blue, conservative/liberal, Republican/Democrat, or another single-axis spectrum. Many people recognize how inadequate such a simplified view is and various people (including myself) have sought to devise two-dimensional representations of the political landscape.

Of the many maps out there I think the easiest to comprehend is this from the Worlds Smallest Political Quiz:

With an axis measuring personal freedom issues and an axis measuring economic freedom issues it is not difficult to grasp the lay of the land according to this graph. Unfortunately this two dimensional representation, like all other two-dimensional representations, falls short of accurately describing reality.

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On Amendments and Constitutional Purity


photo credit: lamsonlibrary

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?

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