Archives: 04/2015

New Mexico Gov. Susana Martinez Signs Civil Forfeiture Abolition Bill

A quick and happy update from New Mexico: Gov. Susana Martinez (R) has signed HB 560, which I detailed here, into law. New Mexico has thus effectively abolished civil asset forfeiture by requiring a criminal conviction before the government can seize property.

Gov. Martinez’s statement can be read here.

House Bill 560 (HB 560) makes numerous changes to the asset forfeiture process used by law enforcement agencies in New Mexico. As an attorney and career prosecutor, I understand how important it is that we ensure safeguards are in place to protect our constitutional rights. On balance, the changes made by this legislation improve the transparency and accountability of the forfeiture process and provide further protections to innocent property owners.

As expected, civil liberties advocates across the political spectrum cheered the move.

ACLU-NM Executive Director Peter Simonson:

This is a good day for the Bill of Rights. For years police could seize people’s cash, cars, and houses without even accusing anyone of a crime. Today, we have ended this unfair practice in New Mexico and replaced it with a model that is just and constitutional.

Institute for Justice Legislative Counsel Lee McGrath:

New Mexico has shown that ending policing for profit is a true bipartisan issue with broad public support. America is ready to end civil asset forfeiture, a practice which is not in line with our values or constitution. This law shows that we can be tough on crime without stripping property away from innocent Americans.

Emily Kaltenbach of the New Mexico chapter of the Drug Policy Alliance:

New Mexico has succeeded today in reining in one of the worst excesses of the drug war. Like other drug war programs, civil asset forfeiture is disproportionately used against poor people of color who cannot afford to hire lawyers to get their property back. This law is an important step towards repairing some of the damage the drug war has inflicted upon our society and system of justice.

Civil asset forfeiture is an inherently abusive practice that provides perverse incentives to law enforcement, encourages “policing for profit,” and allows the government to take the property of individuals and businesses that are never charged with any wrongdoing. Hopefully the bipartisan spirit of the New Mexico abolition (HB 560 passed the legislature unanimously) will serve as a model for other legislatures around the country who wish to restore our cherished concepts of due process and private property to their proper status.

You Ought to Have a Look: Curry on Worry

You Ought to Have a Look is a feature from the Center for the Study of Science posted by Patrick J. Michaels and Paul C. (“Chip”) Knappenberger. While this section will feature all of the areas of interest that we are emphasizing, the prominence of the climate issue is driving a tremendous amount of web traffic. Here we post a few of the best in recent days, along with our color commentary.

This week, we have two notable items of interest.

First and foremost, a must-read article from Judith Curry’s Climate Etc. blog where Judy quite adeptly introduces us to the concept of an “availability cascade”—a process that has come to dominate and define climate alarmism. Curry writes that an

availability cascade is a self-reinforcing process of collective belief formation that triggers a self-perpetuating chain reaction: the more attention a danger gets, the more worried people become, leading to more news coverage and greater alarm.

She describes how the cascade of events began with the 1992 United Nations Rio Treaty aimed at “avoiding dangerous climate change through stabilization of [carbon dioxide] emissions,” transformed from “global warming” to “climate change” so as to pick up extreme weather events, and now has swept human health into the growing avalanche of woe.

Judy’s article is one of the best pieces we have read on the web is recent weeks (and we’re not just saying that because she incorporates some of our work!). Bravo to her! Here is a longer excerpt, but you (really, really) ought to have a look at the whole thing:

Balanced-Budget Amendment to the Constitution

Presidential candidate Rand Paul has announced his support for a balanced-budget amendment (BBA) to the U.S. Constitution. This is an old idea, but a good idea. A BBA has been proposed in Congress as far back as 1936. In 1982 the Senate passed a BBA by a vote of 69-31, but it failed to get the needed two-thirds approval in the House. In 1995 a BBA passed the House by a 300-132 margin, but it fell one vote short of passage in the Senate.

Today we need a BBA more than ever. Historical budget data show that federal politicians have become increasingly irresponsible over the years. The bipartisan 19th century belief that balancing the budget was morally proper and economically prudent disappeared during the 20th century. As the chart below shows, from 1791 to 1929 the federal government balanced its budget in 68 percent of the years. But from 1930 to 2015, the government balanced its budget in just 15 percent of the years.

What changed in the 1930s? The unfortunate rise of Keynesian economics encouraged politicians to think that deficit spending helped the economy. Also, the 1935 creation of Social Security launched the government into the era of “entitlement” spending, which is spending that is on automatic pilot. Entitlement spending grows relentlessly year after year without politicians having to vote for the increases. It allows politicians to pretend that they are not responsible for the resulting deficits and debt.  

A legal cap on overall federal spending would be a better way to restrain the budget than a BBA. But either way, let’s hope that Paul can spur a renewed debate on fiscal control. We need it: despite today’s growing economy, the current administration recently proposed a budget that has half-trillion-dollar deficits as far as the eye can see. From a historical perspective, that sort of disregard for fiscal prudence is remarkable. In his 2014 book, America’s Fiscal Constitution, Democratic politician and financial executive Bill White argued that until recently, aiming for balanced budgets was part of an “informal constitution” that both parties understood.

Another 2014 book, A Nation Wholly Free, examined the drive to eliminate the federal debt under President Andrew Jackson in the 1830s. Author Carl Lane found,

Debt freedom, Americans in the Jacksonian era believed, would improve the material quality of life in the United States. It would reduce taxes, increase disposable income, reduce the privileges of the creditor class, and, in general, generate greater equality as well as liberty.

Those early Americans were right about debt freedom. A frugal government that balances its books helps to secure liberty and benefits average citizens. Hopefully, Paul and other reform-minded candidates can revive such sound fiscal thinking in Washington.

What if Slager Had Been Wearing a Body Camera?

At the press conference this week about officer Michael Slager’s killing of Walter Scott, North Charleston Mayor Keith Summey said that he had ordered an additional 150 police body cameras. According to Summey, every officer in the North Charleston Police Department will be outfitted with a body camera once they have been trained to use it and a body camera policy has been written. In February, the city announced that it would spend $85,000 of a $275,000 federal grant on 115 body cameras.

It is, of course, impossible to know how Slager would have behaved if he had been wearing a body camera during his encounter with Scott. But it is worth conducting the thought experiment nonetheless. 

Let’s consider footage of the incident captured by Feidin Santana, a bystander. In the video, Scott flees a scuffle with Slager following a routine taillight traffic stop. There appear to be Taser barbs attached to Scott as he runs away from Slager, who fires eight rounds as him while standing flat-footed. Scott falls about 15–20 feet from Slager after the eighth round is fired. (The coroner reportedly told one of Scott’s family lawyers that five of those rounds hit Scott.) Slager then handcuffs Scott, returns to where the scuffle took place, picks up an object, and drops that object near Scott.

Police reports state that officers performed CPR on Scott, yet the footage shows no officers performing CPR. The video does show Scott receiving some medical attention, but this is several minutes after the shooting and does not include CPR. 

It is hard to imagine that if Slager had been wearing an operating body camera that he would have behaved the way he did. Knowing that first-person footage of the incident would be seen by investigators, would Slager have planted an object–widely believed to be his Taser–near Scott after the shooting? Would Slager, a CPR-certified officer, have left Scott without medical attention? Would he have claimed that he felt threatened when he fired eight rounds at a fleeing 50-year-old man? Would he have even fired his weapon at all?

Even if the answer to each of those questions is “yes,” a body camera would have provided officials with more information than written police reports.

Thankfully, Santana was at the scene of Scott and Slager’s scuffle and provided video showing that police reports of the killing presented an inaccurate account of what happened. But the public should not have to rely on conscientious citizens with cellphone cameras who happen to be in the right place at the right time to ensure that incidences of police misconduct are accurately reported.

Police Misconduct: The Worst Case in March

Over at Cato’s Police Misconduct website, we have identified the worst case of the month for March: the conspiracy to frame an innocent man, Douglas Dendinger, in Bogalusa, LA.

Here’s the story: Dendinger agreed to take on the task of a “process server.” That is, he would hand-deliver legal papers to a person who has been sued, putting that person on notice about the legal action. In this instance, Dendinger was to serve papers on a former police officer, Chad Cassard, who was being sued for police brutality.

Dendinger found Cassard as he was leaving the local courthouse and made the delivery. At that moment, Cassard was in the company of several police officers and prosecutors. Those people became hostile and furious with Dendinger over what this lawsuit would mean for their friend/colleague.

The story then takes a bizarre and disturbing turn: Later that day, the police arrive at Dendinger’s home and arrest him on several charges, including two felonies (1) obstruction of justice and (2) witness intimidation. Cassard and a few of his cohorts claimed that Dendinger had served the papers in a violent fashion.

Because of those charges, Dendinger was in very serious legal trouble. He was looking at many years in prison.

Rebuttal of Sen. Sessions’ Anti-Legal-Immigration Op-ed

Senator Jeff Sessions’ (R-AL) Washington Post op-ed calls “for an honest discussion on immigration.” He then lays out his case against legal immigration. 

Although I appreciate Sessions’ honesty in calling for large reductions in legal immigration–a level of candor too often shrouded by immigration-restrictionists’ political correctness (“I’m only against illegal immigration”)–his op-ed makes a poor case for more government regulation of international labor markets.

Below, I look at Senator Sessions’ arguments against legal immigration. His writings will be in block quotes and my responses will follow.

The first “great wave” of U.S. immigration took place from roughly 1880 to 1930. During this time, according to the Census Bureau, the foreign-born population doubled from about 6.7 million to 14.2 million people. Changes were then made to immigration law to reduce admissions, decreasing the foreign-born population until it fell to about 9.6 million by 1970. Meanwhile, during this low-immigration period, real median compensation for U.S. workers surged, increasing more than 90 percent from 1948 to 1973, according to the Economic Policy Institute.

Senator Sessions only presents the income data for Americans during the time when immigration was restricted. Real per-capita GDP increased by 95 percent during the 1880–1930 period of high-immigration that he cites. There are other sources for wage data from that period, although all of them are troublesome compared to the modern economic information available.

The United States did not have closed borders from 1948 to 1973. The Bracero guest-worker visa program let in nearly five million lower-skilled Mexican workers to temporarily labor in American agriculture, a policy that did more to limit unlawful immigration during that period than any other.

Monetary Standards: An Introduction

A monetary standard is a set of institutions and rules governing the supply of money in an economy. These rules and institutions collectively constrain the production of money. Through its constraints on money creation, the standard indirectly acts on prices. A monetary standard may also affect the rate of growth of real economic output, but that depends on expectations. Monetary institutions may also affect other economic institutions, which themselves influence economic growth.

Some authors talk about a monetary regime, and still others a monetary constitution. For purposes of this discussion, the same underlying issues are being discussed.

The banking and financial system interacts with the monetary standard and differences in the one may affect how the other operates. Though very important, the banking and financial system is not my main focus.