Archives: 04/2014

Police Recruiting Video

The Springdale (Ark.) Police Department put together a recruitment video for new officers. The video is getting some attention—for its militarism. Take a look:
http://www.youtube.com/watch?v=V45XAP7Yhjo

The video shows armored vehicles, flash bang grenades, and (at the 2:30 min. mark) officers dressed in ghillie suits.

The over-the-top nature of militarized policing is getting more attention.  I was interviewed about another police recruiting video here. And see this recent article in Esquire, for example.

More than any organization (at least that I’m aware of), Cato has been sounding the alarm about this disturbing trend.

E-Verify Strikes Again: Worcester Wreath Co. Edition

Whenever the government magnanimously “offers” its assistance, all Americans should be skeptical. Recent confirmation of this fact has come from Harrington, Maine, where the federal government’s helpful assistance—via the employment verification system, E-Verify—has cost one small business thousands in fines.

Worcester Wreath Co. hires around 500 seasonal employees annually to help fill orders for handcrafted holiday wreaths and centerpieces. The majority of the wreaths are sold, while others go to the company’s Wreaths Across America program, which places free wreaths on headstones at Arlington National Cemetery. In short, this is an American company that supplies holiday goods and helps to honor deceased American veterans at no cost to the taxpayer.

Worcester Wreath, however, made the mistake of voluntarily using the Fed’s E-Verify system. E-Verify is an electronic employment eligibility verification system run by the federal government that is intended to weed unauthorized immigrants out of the labor force by allowing employers to check their eligibility against a government database. The employer enters the job applicant’s Social Security number and information into E-Verify which then checks it against a government database. 

Any potential issues are flagged with a tentative non-confirmation (TNC). Employers and employees have an opportunity to appeal the TNC, but a failed appeal (or failure to appeal) will result in a final non-confirmation (FNC) and the applicant being ruled as not work-authorized for legal employment in the United States.

Some 101 of Worcester Wreath’s seasonal employees were found by E-Verify to have employment-authorization issues. Six were retained by the company despite the issues and another six were fired and then rehired at a later date.

For the sin of employing 12 willing workers with statuses marked as questionable (not clear from the article whether a TNC or an FNC was issued) by the voluntarily used, notoriously unreliable, and largely ineffective E-Verify, the company was fined $25,000 ($2,083.33 per worker).

Worchester Wreath’s participation in E-Verify was voluntary but the fines were heavy. Fines like these on businesses of all sizes who employ seasonal workers will only get worse if E-Verify becomes mandatory. Instead of punishing businesses who supply free holiday decorations to the world’s most famous veterans’ cemetery, the Feds should attack the root problem and fix our legal immigration system.  

Scott Platton assisted in the writing of this piece.

Because Property Rights Are Important

Cory Doctorow at BoingBoing

Lawrence and Wishart, a radical press founded in 1936 and formerly associated with the Communist Party of Great Britain, has asserted a copyright over “Marx-Engels Collected Works,” a series of $25-50-ish hardcovers, and demanded that they be removed from the Marxist Internet Archive. As Scott McLemee notes, the editions in question were “prepared largely if not entirely with the support of old-fashioned, Soviet-era Moscow gold” and consist, in large part, of arguments about the moral bankruptcy and corrupting influence of claims of private property.

The archive says it intends to comply with the takedown demand on May Day. 

He Is the Very Model of a Modern Retired Justice

Justice John Paul Stevens, who left the high court in 2010, is on fire. He just released a book, Six Amendments: How and Why We Should Change the Constitution, and is now on a media tour that has thus far featured his views on campaign finance, guns, and the death penalty—the subjects of three of his proposed constitutional amendments—and, just today, marijuana. All this, and last weekend he celebrated his 94th birthday!

It might not be appropriate for Stevens to propose constitutional amendments or otherwise opine on political matters because he’s technically still an Article III federal judge (though he hasn’t been hearing cases in the lower courts as Justices Sandra Day O’Connor and David Souter have), but nevertheless the ideas he floats are worth examining. To that end, I recently wrote two op-eds related to the Stevens book tour.

The first looks at the response to the justice’s proposal to abolish the death penalty. Some have criticized him for having taken so long to reach this position, but that misunderstands what he’s saying. It’s not that capital punishment is unconstitutional—as recently as 2008 he concurred in a ruling that upheld Kentucky’s method of lethal injection—but that he feels that it’s wrong and that we need to amend the Constitution to remedy that wrong. That’s the proper response, which can be hard to understand for those who conflate law and policy.

My second piece is a quick-and-dirty critique of all six amendments, three of which are structural—(1) requiring state officials to enforce federal law; (2) doing away with political gerrymandering; and (3) eliminating state sovereign immunity—while the other three relate to individual liberties—(4) excising the Second Amendment’s protection for the right to armed self-defense; (5) allowing Congress and state legislatures to limit the money people can spend on election campaigns; and (6) outlawing the death penalty. I’m firmly against 1, 4, and 5, on balance against 6, am sympathetic to 2 but it needs to be redrafted, and support 3 (but it could go farther).

Happy belated birthday, Justice Stevens! I may not have seen things your way too often when you were on the bench, and don’t much agree with you now, but I hope that I live long enough in good health to be able to read books at your age, let alone write them.

Sentencing Reform and Clemency

Today’s Washington Post has an article about Obama’s new clemency project and talks about the work of former Catoite, Julie Stewart. Julie left Cato to start Families Against Mandatory Minimums (FAMM) in 1991. Here’s an excerpt from the Post story:

An Obama administration initiative to encourage nonviolent drug offenders in federal prison to seek clemency is likely to trigger tens of thousands of petitions, and the government could be processing applications for the next three years, according to lawyers and civil rights activists….

“We will get tens of thousands of applications,” said Julie Stewart, president of Families Against Mandatory Minimums. “This is a very complicated, many-layered project. It will go on until the end of the Obama administration.”…

For some of the activists, the issue is deeply personal. Stewart’s brother, Jeff, was sent to federal prison for a mandatory five years for growing marijuana.

He had cultivated 365 six-inch marijuana plants in his garage in Washington state, where the drug is now legal. She thought what he did was “stupid” but assumed he would get off with a relatively light sentence because it was “only marijuana.”

“The judge said, ‘I don’t want to give you this much time but I have no choice because Congress has determined your sentence when they passed the mandatory sentencing laws for drug crimes,’ ” Stewart said. “That was the spark that ignited my mission. I always thought judges judge and determine the punishment that fits the crime. But the judge couldn’t do anything about my brother’s sentence.”…

“When I started my group, sentencing reform was such a fringe issue,” she said. “Nobody knew anything about it and nobody cared. We’ve been working so hard for so many years to build bipartisan support. People are serving decades behind bars for nonviolent mistakes they made in their 20s.”

Over at the FAMM web site, there are profiles of persons serving long sentences in federal prisons. A few weeks ago, before this week’s clemency announcement, Julie and I discussed these issues in a Cato audio roundtable discussion. We both criticized Obama for not exercising his pardon power. Were our criticisms were picked up by the NSA? n any event, you have our permission to listen to that conversation here.

Previous post on the clemency initiative here.

A Visual Aid to Prevent Future Core Shock

While almost certainly not intended to do this, yesterday the Council of Chief State School Officers – one of the creators of the Common Core – held a revelatory panel discussion with four state superintendents. Revelatory, because two Core-supporting state superintendents said pretty much what many Core opponents have long explained: Even if the standards are of outstanding quality, the Core won’t work because “accountability” won’t be rigorously implemented.

Starting around the 30-minute mark of the event video you can start catching comments from Tennessee Supe Kevin Huffman, and New Mexico’s Hanna Skandera, lamenting past failure to translate high standards into performance, and the abandonment of Common Core testing by teacher unions. Huffmann seems especially shocked and angry that state unions he thought were on board with the Core and all its attendant accountability measures are suddenly fighting tooth and nail against it.

Said Huffmann, whose state is on the brink of delaying Core testing: “Our union leadership, which started out…in support of the standards and the assessments…has quit on the process. And they have come out against the transition to more robust assessments….I find that a shocking deviation from the past.”

Alas, had Huffman and other Core supporters been listening to opponents such as myself, or Jay Greene at the University of Arkansas, they would not have been the least bit shocked by this. For instance, as I wrote in the 2010 report Behind the Curtain: Assessing the Case for National Curriculum Standards:

Federal Government Often Selfish, Not Selfless

A new Rasmussen poll finds that just 19 percent of voters think that the federal government “does the right thing nearly all the time.” The poll also finds that two-thirds of voters think that the government “looks out primarily for its own interests.”

These public perceptions about the federal government are correct, as frequent stories in the Washington Post confirm. Today, the newspaper has front-page stories about how the Navy’s Blue Angels may have been a “hotbed of hazing, sexual harassment and other forms of discrimination,” and how the Department of Homeland Security (DHS) has been apparently acting corruptly at the highest levels.

Regarding the Blue Angels, the Post reports:

… an internal military document that a Navy official inadvertently e-mailed to a Washington Post editor states that a former member of the Blue Angels filed a complaint last month accusing [Blue Angels commander Gregory] McWherter of promoting a hostile work environment and tolerating sexual harassment. The complaint described an atmosphere rife with sexually explicit speech, the open display of pornography and jokes about sexual orientation. The Navy officer is the latest in a string of senior military commanders to come under investigation for sexual misconduct or other misbehavior.

It does sound like top Pentagon officials are taking a harder line than in the past against such bad behavior, no doubt due to all the negative press these sorts of incidents have been generating.