civil rights

I’m a Libertarian and I Vote

Yesterday morning, Rep. John Lewis (D-GA) tweeted a picture of himself being arrested as a young man. He captioned it: “I’ve marched, protested, been beaten and arrested–all for the right to vote. Friends of mine gave their lives. Honor their sacrifice. Vote.”

That tweet has gotten 35,000 retweets at this writing, and it will get many more. It’s one of many efforts mainstream politicians and parties are mounting in the final days before the 2016 elections to drive more voters to the polls.

I do honor the sacrifices of Mr. Lewis and so many others in the civil rights movement. If only the vote had made the civil rights struggle an episode in history and not the ongoing struggle that it is.

But it can be stated with certainty that Mr. Lewis’s tweet won’t make the difference in any election. It’s impossible to identify any one voter that may be convinced to go to the polls by that tweet. And if you could find that person, the chance that he or she might change the outcome in any election would be infinitesimal.

Is near-thirty-year office holder Mr. Lewis some kind of time-wasting fool for sending this tweet? Of course not.

Airport Pirates Find Bounty in a College Student’s Life Savings

Today, our friends at the Institute for Justice launched a new challenge to yet another instance of egregious civil asset forfeiture abuse.

Charles Clarke is a 24-year-old college student who found out the hard way that government officials can confiscate property on the mere suspicion that it has a “substantial connection” to a crime or is the proceeds of a crime. No underlying conviction is required. Functionally, this means that officers can claim that “something was a little off” about your behavior, or that “something smells a little like drugs” and then have carte blanche to take whatever cash you have on you. After that, your cash is presumptively guilty, and it is up to you to prove its innocence.

In the winter of 2013, Charles was stopped at the Cincinnati/Northern Kentucky airport based on the officers’ assertion that his bag smelled like marijuana. Actually, it was based off of a drug dog’s “signal” that his bag smelled like marijuana. By claiming that a dog “alerted” an officer can obtain probable cause, but in reality the dogs are about as reliable as Clever Hans.

After searching his bag, the officers found no drugs or other illegal substances. They then asked him if he was carrying any cash. Charles volunteered that he was carrying $11,000–clearly thinking, not unreasonably, that in a just world there is no way the officers could just take his money. Charles’s mistake, however, was thinking that he lives in a just world, and the officers walked away with his life savings.

Charles had saved the $11,000 over the previous five years, from work, financial aid, educational benefits, and gifts from family. Now he must overcome the officers’ hunches by proving that his money came from legal sources.

Supreme Court Restores Constitutional Order, Strikes Down Outdated Voting Rights Act Provision

In striking down Section 4 of the Voting Rights Act, the Supreme Court restored a measure of constitutional order to America. Based on 40-year-old data showing racial disparities in voting that no longer exist, this provision subjected a now-random assortment of states and localities to onerous burdens and unusual federal oversight. Recognizing that the nation has changed, the Court aptly ended the extraordinary intrusion in state sovereignty that can no longer be justified by the facts on the ground.

Another Life Taken

Bad enough that people get arrested and jailed for drug offenses, but the proliferation of SWAT teams and the tactic of breaking into homes, especially during the night, is reckless.  In this case, the break-in did not lead to any shooting, but as the 68-year old suspect was lying on the ground, complying with all the police commands, he was accidently shot and killed.

Supreme Court Should Uphold Incentives to Sue the Government

Private lawsuits challenging government violation of civil rights are notoriously difficult and expensive to bring and win. To address such impediments to the vindication of civil rights, Congress passed a law that, among other things, awards attorneys’ fees to the prevailing parties in certain cases. As noted by the House Judiciary Committee, this was necessary because “a vast majority of the victims of civil rights violations cannot afford legal counsel, they are unable to present their cases to the courts …. [the law at issue, 42 U.S.C.

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