Tag: catoinstitutevideo

Sheriffs Talk Tough on Second Amendment (Unnecessarily)

A number of sheriffs around the country (Oregon, Kentucky, Missouri, Wyoming, New Mexico, Utah) have said they will refuse to enforce federal restrictions on private gun ownership that they find to be in conflict with the Constitution.

It seems like a bold threat, but it really isn’t. State and local law enforcement officials simply don’t have to enforce federal laws that they don’t want to enforce. That fact is not controversial. It is, however, a persistent issue in the federal versus state struggle over the marijuana legalization initiatives in Colorado and Washington. Those states have simply chosen to stop assisting the federal government. It may complicate the feds’ ability to enforce those laws, but it’s just not as confrontational an approach as media reports have suggested.

Robert Mikos discussed this in his new paper with respect to marijuana laws, but the principles related to how states and federal powers interact is one that holds significant implications for the right to keep arms and the President’s health care law.

Mikos and I discussed the marijuana initiatives for a Cato Daily Podcast. You can also watch the forum.

Tim Lynch and I also discussed gun restrictions and federalism in a Cato E-Briefing last week.

Cops on Camera Update

A Maryland judge has thrown out the first of three assault charges against two police officers who were caught on tape beating student John McKenna after a 2010 University of Maryland basketball game. The judge said “there was not enough evidence” to show the officers were engaged in first-degree assault. Second-degree assault and official misconduct charges remain.

We might argue about whether dropping those charges was the right call. What we know for certain is that before the tape surfaced, McKenna was the one charged with assaulting officers and a police horse. A good samaritan’s cell phone video was the only thing standing between justice and the student being branded a criminal and thrown in jail.

The lesson should be clear. Citizens recording police encounters can reveal truths the police might prefer to hide. Evan Banks and I made a short video detailing the incident (among others) and the importance of protecting the right of bystanders to record the police.

Free Speech Trumps First Amendment

If you watch HBO’s “Newsroom,” you may have seen Cato, IJ and others get a quick namedrop in relation to the Citizens United Supreme Court case. Actor Jeff Daniels misstates the holding of the case, claiming that Citizens United “allowed corporations to donate unlimited amounts of money to any political candidate without anyone knowing where the money was coming from.”

But, you see, this just shows Aaron Sorkin’s unwavering commitment to realism in his shows. Reporters regularly get the holding of Citizens United wrong. After all, if reporters were crystal clear that Citizens United cleared the way for all manner of groups to use “corporate treasury funds” to fund broad and overtly political statements about candidates, they would inevitably conclude that their own right to make those kinds of statements would be jeopardized by much of the campaign finance regulation on the books prior to Citizens United. And it’s hard to demonize libertarians when they’re fighting for the rights of everyone, including reporters and entertainers who work for subsidiaries of Time Warner (CNN, HBO), Viacom (CBS), Disney (ABC), Comcast (NBC, MSNBC), General Electric (NBC, MSNBC), News Corp. (FOX, Fox News), etc.

If you’d like to know more about the facts of Citizens United, watch this:

As to the claims about secrecy in political speech, Cato Institute senior fellow Nat Hentoff has a few thoughts on disclosure and the jurisprudence of Clarence Thomas.

Citizens United at Two

The Supreme Court decided Citizens United two years ago this week. The complaints about the ruling that have emerged since are often bizarre and misrepresent much of the landmark ruling’s import. Here’s what the case was about.

Almost nowhere in the complaints about the Citizens United ruling will you hear that the case decided that certain books or Pay-per-View broadcasts could no longer be banned by the Federal Election Commission.

Former FEC commissioner Bradley A. Smith further detailed the breathtaking arguments made by the government during the initial oral argument.

(And here’s more from attorney James Bopp, Jr. on the ultimate ruling.)

Since Citizens United, complaints from Common Cause and occupiers of various parks across the United States tend to focus on corporate personhood, the scourge of SuperPACs and at least one group’s troubling idea to amend the Constitution so that—once and for all—“campaign spending is not a form of speech protected under the First Amendment.”

‘Cut, Cap and Balance,’ the Debt Ceiling and Federal Spending

Cato Institute scholars Daniel J. Mitchell and Chris Edwards evaluate the plans offered by Republicans for lowering federal spending using a so-called “Cut, Cap and Balance” proposal that would make small cuts to federal spending in the short run, cap federal spending, and balance the federal budget using a tax-limited balanced budget amendment to the Constitution.

Get Out of Libya, Get Out of NATO

As Justin Logan puts it, we borrow money from China to make precision-guided munitions which we then give to the Europeans so they can drop them on Libya. This is a product of U.S. involvement in NATO.

In this new video, Christopher A. Preble, Benjamin H. Friedman and Justin Logan provide analysis about our involvement in NATO with specific respect to the Libya campaign.

Read more of Cato’s work on NATO.