Topic: Law and Civil Liberties

The EU Sides with the Thugs in Bolivia

This Sunday, the department of Santa Cruz, the richest region of Bolivia, will hold a referendum on regional autonomy. Other departments in the eastern half of the country will likely follow suit in the upcoming months. The central government in La Paz opposes the project and calls it “separatist.” Despite that, polls show that an overwhelming majority of “cruceños” will vote in favor of autonomy.

As a consequence, the ruling party has threatened to use violence against the citizens of Santa Cruz who show up to vote on Sunday. It wouldn’t be the first time. Last December, the government forced the approval of a new constitution in a Constituent Assembly while a pro-government mob outside the building prevented opposition assemblymen from attending the session. This year, something similar happened when the national Congress declared these referenda on regional autonomy illegal in a rigged session while mobs outside Parliament prevented opposition Congressmen from entering the building.

This time around, the party of president, Evo Morales, has warned about the possibility of taking thousands of its supporters to Santa Cruz to prevent the vote from taking place. The only way to accomplish this is by force.

So it’s kind of surprising that the European Union is taking sides with those who, over and over again, have used violence to suppress democratic institutions. The French ambassador in Bolivia and representative of the EU in that country has stated that the leaders of Santa Cruz who are pushing for autonomy will have to “assume the consequences” if violence erupts on Sunday. That is, the EU will blame the victims if they get beaten up by government thugs for exercising their democratic rights.

Shame on the EU.

Shiny, Happy SSA Employees

I recently had the opportunity to conduct a pair of briefings for congressional staff regarding electronic employment eligibility verification. A pair of bills are vying for the attention of Congress these days. I suggested in my recent paper, “Electronic Employment Eligibility Verification: Franz Kafka’s Solution to Illegal Immigration,” that Congress should ignore both. Indeed, it should eliminate “internal enforcement” of immigration law entirely.

One of my co-briefers provided staffers with some interesting information pertaining to the idea of building a regulatory contraption for automatic nationwide verification of workers’ identity and immigration status. He was a representative of SSA workers from the American Federation of Government Employees, National Council of SSA Field Operations Locals.

The programs slated to go national under these proposals would compare data about new workers (and in some cases, existing workers) with databases at the Social Security Administration and the Department of Homeland Security. When the data didn’t match, workers would receive what is called a “tentative nonconformation.” With the 4.1% error rate in SSA files (as found by its Inspector General), that’s a lot of tentative nonconfirmations going even to law-abiding American citizens. A higher percentage of the time, naturalized citizens would get them, too, as government data about them is even more error-prone. Bad government data is just one source of error.

Anyway, when a tentative nonconfirmation is issued, employers are supposed to communicate this to the employee (not all do) and the worker is supposed to report to a Social Security Administration office or the Department of Homeland Security to clear the problem up. This is where the interesting new information comes in.

What would the process be like? Well, try calling your local SSA field office to find out. The SSA worker rep reported that 50% of those calls aren’t answered because field offices are too busy. Calls to the SSA’s national 800-number don’t go through 25% of the time.

It’s not just a phone problem. The agency currently has a backlog of 752,000 on disability rulings. That’s three quarters of a million people who aren’t getting an answer from SSA. It takes 530 days – a little under a year and a half – to get a disability ruling out of SSA.

In my paper, I wrote about the experience American workers would get at the Social Security offices when they went to clear up their tentative nonconfirmations:

Disputes of tentative nonconfirmations would not happen in lushly carpeted offices with marble columns, hot coffee, and friendly, attentive staff. The experience of American workers when they sought permission to work would be much more like their trips to the nation’s departments of motor vehicles, post offices, and dentists—long lines, unfriendly service, and painful procedures.

The SSA union rep assures me that SSA workers are friendly. Any perception of unfriendliness is due to overwork. Fair enough; I may have been slapdash in my writing about SSA employees. But a national electronic employment eligibility verification system would result in 3.6 million new visits to these folks, overworking them and eroding their courtesy even more. These visits, and administering tentative nonconfirmations at SSA, would cost $1 billion, according to the union rep.

Of course, an SSA employee union rep would happily take the money and add workforce to do whatever Congress wants. My preference is to save the money. Enforcement of our abnormally restrictive immigration law causes us to spend taxpayer money on undermining the productive economy. That shouldn’t make sense to anyone.

Signs of Free Speech

George Will has another great column on threats to political speech in modern America. He reports the story of some people in Parker North, Colo., who didn’t want to be annexed to the larger town of Parker. When some residents proposed annexation, others

began trying to persuade the rest to oppose annexation. They printed lawn signs and fliers, started an online discussion group and canvassed neighbors, little knowing that they were provoking Colorado’s speech police.

One proponent of annexation sued them. This tactic – wielding campaign finance regulations to suppress opponents’ speech – is common in the America of the McCain-Feingold campaign finance law. The complaint did not just threaten the Parker Six for any “illegal activities.” It also said that anyone who had contacted them or received a lawn sign might be subjected to “investigation, scrutinization and sanctions for campaign finance violations.”

Quite a chilling effect on the speech of a few local residents. Fortunately, Will notes, the Parker Six (why not the Parker North Six? After all, Parker is what they don’t want to be part of. But who am I to question George Will?) are represented in their defense of their First Amendment rights by the Institute for Justice.

Meanwhile, in another section of the same Washington Post, a similar story is playing out in Virginia. A Democratic candidate for the U.S. House of Representatives began placing campaign signs in supporters’ yards a full year before the election. Botetourt County officials reminded people of a longstanding ordinance about how long political signs can be displayed. In this case it’s the ACLU of Virginia threatening to sue. But Botetourt (pronounced BAHT-uh-tott) officials are not deterred in their determination to protect law, order, and the Botetourt way:

“If we don’t have some semblance of order, we’d just have a libertarian society where anything goes,” said Jim Crosby, a longtime resident and former chairman of the Botetourt Republican Party.

Yep. First political signs in someone’s yard, then a bunch of competing churches, school choice, deregulation, women working outside the home, and pretty soon you’d have a libertarian society where anything goes.

Voter ID Case Decided

The Supreme Court has rendered its decision in Crawford v. Marion County Election Board. This is the case challenging Indiana’s voter ID requirement.

Briefly, the plaintiffs in the case did not establish sufficient proof of the burden on voting that the ID requirement would have. This was a facial challenge to the statute, and there was no plaintiff who had actually been dissuaded or prevented from voting. Sayeth the court:

[O]n the basis of the record that has been made in this litigation, we cannot conclude that the statute imposes “excessively burdensome requirements” on any class of voters.

There was also no evidence that Indiana has ever been victimized by impersonation at the polling place, which a voter ID requirement would help thwart, but in a facial challenge to a law like this, courts will defer to the state’s interests in deterring and detecting voter fraud, and in safeguarding voter confidence.

Advocates of voter ID will interpret this as a ringing endorsement, but it’s an unsurprising result. Hopefully, they won’t pursue a national voter identification requirement. In a recent TechKnowledge column inspired by the case, “Voter ID: A Tempest in a Teapot that Could Burn Us All,” I wrote:

A national registration system for voting would quickly be repurposed and used for many other kinds of regulatory control. There is no shortage of proposals for national registration and control of citizens. Should the voter ID tempest in a teapot boil over, the tiny specter of voter fraud could thrust a mandatory national ID into the hands of law-abiding citizens.

The Constitution gives Congress power to regulate the elections that select its members and, to a lesser degree, the president. But Congress does not have to use that power to its fullest extent. States recognize their own interests in fair elections, and they should experiment among themselves with ways to secure elections while making sure the vote is available to all qualified people.

Milton Friedman Prize Selection Committee Member Arrested

The Ugandan government has arrested Andrew Mwenda, a member of the 2008 International Selection Committee for the Milton Friedman Prize for Advancing Liberty, along with his fellow journalists Odobo Bichachi and John Njoroge. Andrew Mwenda is a brave journalist who tells it like he sees it. He is well known for standing up for the rights of others; his involvement in the Milton Friedman Prize is only one element of his long commitment to human rights. It’s time that others stand up for his rights and those of Odobo Bichachi and Jhohn Njoroge. Cordial email letters to the Ugandan Embassy and the Ugandan government urging them to release the journalists and respect press freedom can make a difference:

His Excellency Professor Perezi K. Kamunanwire

Ambassador Extraordinary and Plenipotentiary
Fax: (202) 726 1727
pkamunanwire [at] ugandaembassyus.org

Mr. Charles Ssentongo
Deputy Chief of Mission (DCM)/ Minister Counselor
Fax: (202) 726 1727
Cssentongo [at] ugandaembassyus.org

Mr. Emmanuel Bwomono Olobo
First Secretary
Fax: (202) 726 1727
ebwomono-olobo [at] ugandaembassyus.org

Mr. Michael Karugaba
Second Secretary
Fax: (202) 726 1727
mkarugaba [at] ugandaembassyus.org

(In addition to being an outspoken advocate and practitioner of a free press, Andrew Mwenda is an outspoken proponent of development through the free market. Here is Andrew explaining the failures of “foreign aid.”)

Yon Goicoechea Named Recipient of the 2008 Milton Friedman Prize for Advancing Liberty

Yon Goicoechea, leader of the pro-democracy student movement in Venezuela, has been awarded the 2008 Milton Friedman Prize for Advancing Liberty. Under Goicoechea’s leadership, the student movement organized mass opposition to the erosion of human and civil rights in Venezuela and played the key role in defeating Hugo Chávez’s bid for a constitutional reform that would have turned the country into a dictatorship. Goicoechea’s vision of optimism, tolerance, and modernity has breathed new life into efforts to defend basic freedoms in Venezuela and elsewhere in Latin America where freedom is threatened.

Full Details

Texas Nightmare

Good column on the seizure of 400+ children from the FLDS ranch in Texas. (HT: Volokh).

As I said in this Cato podcast,  I think it is telling that no young adult or child has been found saying “Thank you so much for rescuing me!  It is nice to be in a place where I am not beaten up!”  The absence of proof is now considered evidence of massive “cult” brainwashing.  If a child says “I love my parents and want to go home,” it means he has been brainwashed by the “cult.”  And if a child says “I like my foster parents a lot.  They give me candy and the video games are awesome,” it means the child’s actual parents are unfit.

State authorities talk a lot about rape and forced marriages, but 300 children are ages 4 and below.  They should be sent home because there is no evidence of abuse.  All the boys should go home because there’s no evidence of abuse.  As for the remaining girls, they have been held for 3 weeks already … the judge should give the police one more week to present evidence or they should be going home too.   The investigation can continue, but 3+ weeks in custody is enough already.  

When it comes to separating children from the parents, the burden of proof must be borne by the state.