In a spate of recent cases across the country, American citizens have been confined in local jails after federal immigration agents, acting on flawed information from Department of Homeland Security databases, instructed the police to hold them for investigation and possible deportation.

Americans said their vehement protests that they were citizens went unheard by local police and jailers for days, with no communication with federal immigration agents to clarify the situation.

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Yesterday I went through the imaging scanner at JFK Terminal 4 for my Virgin America flight to San Francisco.  Evidently they found something, because after the scan, I was asked to step aside to have my breast area examined.  I explained to the agent that I was a breast cancer patient and had a bilateral mastectomy in April and had tissue expanders put in to make way for reconstruction at a later date.

I told her that I was not comfortable with having my breasts touched and that I had a card in my wallet that explains the type of expanders, serial numbers and my doctor’s information pictured and asked to retrieve it. This request was denied.  Instead, she called over a female supervisor who told me the exam had to take place.  I was again told that I could not retrieve the card and needed to submit to a physical exam in order to be cleared.  She then said, “And if we don’t clear you, you don’t fly” loud enough for other passengers to hear.  And they did.  And they stared at the bald woman being yelled at by a TSA Supervisor.

There are reasons that I don’t fly, unless I absolutely have to.

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For the second time in a year, Lawrence County Children and Youth Services has been accused in a federal lawsuit of removing a child from a mother’s custody after a positive test for opiates allegedly triggered by poppy seeds.

Eileen Ann Bower, a Lawrence County resident whose residence and age were not provided, gave birth to a son, Brandon, on July 13, 2009, according to a complaint filed late Friday. She was stunned, it said, when a blood test at Jameson Hospital came back positive for opiates.

Brandon was taken into foster care three days after his birth, it said, and only returned on Sept. 29. In the interim, Ms. Bower came to the conclusion that the test must have come back positive due to her ingestion, at her last meal before childbirth, of Salad Supreme dressing with poppy seeds . . .

As a repeatedly new parent, I have a hard time imagining a worse thing. This mother has had her right to due process of law violated rather blatantly. There was no evidence that chain of custody was preserved with her blood sample: do we know that the blood that was tested was actually hers? There was no evidence that the sample was collected appropriately: was it tainted somehow during the drawing process? There was no evidence presented that the traces in the blood were actually from opiates: could the traces have actually been from poppy seeds?

None of this evidence was presented, this mother was not convicted after receiving due process of law, and she wasn’t legally sentenced to losing custody of her child. No, the county agency took one look at one lab test and immediately assumed that they knew what was going on.

That’s wrong and it needs to stop. This is the second time that Pennsylvania county has done this. As Glenn Reynolds is apt to say: “Tar. Feathers.” That’s what will make this kind of abuse of power stop.

(Thanks to Radley Balko for the link.)

In the bad old days, Milwaukee police officers had cut a sweet deal that allowed them to keep collecting paychecks and benefits when they were fired by the police chief until a final ruling on the dismissal was made by the Milwaukee Police and Fire Commission.

That meant, of course, that it was in the best interest of a fired officer – even a guilty one – to challenge and delay a dismissal as long as possible. Keep those paychecks rolling in, pardner.

And it was like that for a quarter of a century, under a law that treated Milwaukee cops differently from those in the rest of the state. When they were fired, Milwaukee police officers appealed – 96 percent of the time. And they collected salaries and benefits during that appeal time – appeal time that was dragged out. For the 26 years that the law was in effect, the appeal time for police officers in Milwaukee was double that of fired firefighter dismissals.

Back in October 2004 that cushy deal blew up, after off-duty Milwaukee police officers viciously beat Frank Jude Jr. at a house party, and three fired officers collected more than $500,000 in pay while awaiting trial. The Legislature cut off the continued pay for police accused of felonies and Class A and B misdemeanors, and in 2009 extended the cutoff of salaries and benefits for all fired officers.

That did not mean that officers who were mistakenly fired were without recourse: if they appealed their dismissals and won they were entitled to back pay – in a lump sum. That has been the standard for the past three years. It is a fair standard.

So why, early in the morning last week, did Vos and the Joint Finance Committee move to reinstate the 2008 law that would keep officers fired for things other than felonies or Class A and B misdemeanors on the payroll during the appeals process? In 2006, we noted that over the years the City of Milwaukee had paid out more than $2.5 million to officers who were ultimately fired.

Bad move, Representative Vos. It’s wasteful and it assumes the wrong that: that police are blameless, that complaints are generally baseless, and that police need to be protected against the general public. Those assumptions aren’t always right and acting as those they were is a good route to making sure that the police and the public view each other with hostility and distrust.

It depends. It depends on which rights you’re talking about and on which rights the law covers.

There are two kinds of rights. The first kind is negative rights. Negative rights either permit you to be inactive or require someone else to be inactive towards you. For example, free speech is a negative right. It allows you to speak, or not, as you choose. It requires the government to be inactive whether or not you speak: the government may not force you to speak and the government may not prevent you from speaking. The right to a free press is another negative right. The government may neither force something to be printed in the press nor may it prohibit the press from printing something.

The second kind of rights is positive rights. Positive rights either require you to be active or require someone else to be active towards you. For example, universal education is a positive right. The government requires you to attend a school of some sort and the government requires someone to provide a school for you. Generally, the government directly provides schooling by forcibly requiring citizens to pay taxes and then using those tax dollars to pay for a school. The “right to health care” is another example of a positive right. If you are unable to purchase your own health care services, the government requires someone else to purchase them for you.

The positive right is distinguished from the negative right in that it requires you — or someone else — to be active. It places a burden on you or on someone else. Very broadly speaking, negative rights force others to stay out of your way, as you live your life and make decisions. Positive rights force others to provide for you (as needed), as you live your life and make decisions.

How does this apply to labor and labor law? Well, unions can either benefit from negative rights or positive rights. Under negative rights, individual workers are free to negotiate directly with employers for their pay and benefits. They are also free to associate with other individual workers and form a bargaining group. They are then free to attempt to negotiate as a group, for pay and benefits. They can invite others to join the group at any time and workers are free to leave the group at any time. The guiding rights principle is inaction: no worker can force another to join nor prohibit another from leaving.

Likewise, employers are free to negotiate with the group or to choose to negotiate with workers individually. Once again, the principle is inaction. No employee can force the employer to negotiate with the larger group. Likewise, no single employee can force the employer to stop negotiating with the larger group.

The negative right to labor allows both the worker and the employer to negotiate individually or through a group, whatever they both prefer. It prevents either side from coercing the other side.

Under positive rights, individual workers are not free to negotiate directly with employers for their pay and benefits. They must only negotiate as part of a larger group. All new workers must accept what the group has negotiated and must only negotiate through the group. No worker may negotiate individually as long as he stays in that job.

Likewise, employers are not free to bargain with individual workers. They must negotiate (active principle) with the group. They may not negotiate with any other group of employees — only with the original group. If the group of workers stops working (goes on strike), the employer may not seek out other groups of employees, to see if they would be willing to work for the original conditions, pay, and benefits. This gives the group a monopoly control over the employer’s supply of labor.

The positive right to labor forces both the worker and the employer to negotiate only through a group. It actively forces both sides into a specific association.

In Wisconsin, public employee unions are an example of labor law under positive rights. Employers are required to negotiate with the appropriate union and forbidden to negotiate individual contracts with workers. Employees are not required to join the union but they are required to pay all union dues that union members have to pay and are required to abide by the terms of the current collective bargaining agreement.

Take, as an example, an individual with a PhD in history who would like to work as a high school teacher in Madison’s public schools. Under the terms of the collective bargaining agreement with Madison Teachers Inc, the school district must pay that teacher a minimum annual salary of $41,036. (I think. The exact details of the salary portions of that agreement are not entirely clear to me.)

For most employees, this is probably a good thing. Most employees are eager to get the maximum possible salary. Most employees probably feel that even this salary is too low and that they deserve more. But that’s most employees in most scenarios.

Consider an alternate scenario. What if the district can’t afford another teacher at that level? The teacher may wish to work for less, in the interests of having a job. (Or, he may have other income to live on and may wish to take the job for less in the interests of melding the bright, young minds of tomorrow.) But he’s not free to work for a different salary and the school district isn’t free to pay him a different salary if he requests it.

Consider another alternate scenario. Consider a worker who does not agree with the political stance of her union, preferring different political goals and outcomes. Under current law, she is forced to contribute union dues to that organization anyway. (For a Wisconsin teacher, this can be $700-1000 a year.) Each year, she is forced to watch as the union gives that money to politicians that she disagrees with and uses that money to oppose politicians that she does agree with. Her co-workers’ positive rights to her union dues limit her negative rights to support candidates that she agrees with.

The positive rights to a union limit an employee’s negative rights to decide what terms to work under and what to support. I value negative rights far more highly than I value positive rights. For that reason, I believe unions do not increase the rights of the workers, they decrease them. I favor modifying labor law to restore workers’ negative rights.

Last March, after the University of Maryland men’s basketball team beat Duke, students spilled out into College Park to celebrate. That brought out the riot police. In footage captured by several students with their iPhones, Maryland student Jack McKenna dances down the street with dozens of other students, then stops when he sees two cops on horseback. Unprovoked by McKenna, three riot cops then enter the picture, throw McKenna up against a wall, and begin beating him with their batons. According to attorney Christopher Griffiths—who is representing McKenna and another student, Benjamin Donat—both suffered concussions, contusions, and cuts from the beatings.

McKenna was charged with disorderly conduct, a charge that as of last week was still pending but now seems certain to be dropped. Prince George’s County has since suspended four police officers, the three captured on tape beating McKenna and the sergeant who supervised them. But were it not for those iPhone videos, it would have been McKenna’s word (and possibly those of whatever celebrating student witnesses he could round up) against the word of three of Maryland’s finest. Or at least three. It seems likely that a number of other cops would have come forward to lie on behalf of those who beat McKenna.

If that sounds harsh, consider this: After the iPhone video of McKenna’s beating emerged, investigators subpoenaed 60 hours of surveillance video from the College Park campus police. The only video police couldn’t manage to locate was the one from the camera aimed squarely at the area where McKenna was beaten. Funny how that works. Campus police claimed that a “technical error” with that particular camera caused it to record over the footage of the beating. As public pressure mounted, police later found what they claimed was a recording of the lost video. But two minutes of that video were missing. Coincidentally, those two minutes happened to depict key portions of McKenna’s beating. The kicker? The head of the campus video surveillance system, Lt. Joanne Ardovini, is married to one of the cops named in McKenna’s complaint. (Washington D.C.’s ABC News affiliate, WJLA, a station with a history of deferring to police spokesmen without bothering to verify the accuracy of their statements, quaintly referred to this as “a bizarre coincidence.”)

In another instance, Maryland police raided an individual’s home for video tapes after he committed the non-crime of video taping a police officer, on a public highway. The judge who authorized the illegal raid?

According to Graber, the name of the judge who signed off on the raid of his parents’ home doesn’t appear on the warrant. As Graber told Miller, “They told me they don’t want you to know who the judge is because of privacy.” If true, that statement is so absurd it’s mind numbing. A judge issued an illegal warrant for police to invade the private residence and rummage through the private belongings of a man who broke no laws, and we aren’t permitted to know the judge’s name in order to protect the judge’s privacy?

Here’s the bottom line: government officials, acting in their official capacity, have no right to privacy. You work for us. You have no more privacy rights, in the performance of your job, than any private sector employee in the performance of his job. And you’re not above the law either. Wearing a uniform isn’t an authorization to go out and beat people — or otherwise break the law — with impunity. Period. And, no, having a stressful job isn’t a good justification for mistreating American citizens.

This is insane. This is seriously insane. This law — and Federal laws requiring Sudafed to be kept behind the pharmacist’s counter — have done nothing to curtail access to meth. These laws have accomplished one thing and one thing only: meth production has been shifted from small labs to super high tech Mexican labs. Meth is still plentiful in the United States. But it’s now fueling the growth of Mexican drug gangs and Mexican smugglers. If anything, the status quo ante was better in that it wasn’t creating sophisticated cross-border smuggling operations.

Now, every Mississippi resident suffering from allergies, sinuses, or colds will have to go to a doctor before they’re able to get any effective relief. Doctors’ offices and emergency rooms will become more crowded and the entire state population will be vastly inconvenienced. All for a law that will have no practical effect whatsoever.

For the record, Governor Barbour will not be getting my vote, should he decide to run in the Republican presidential primaries.

Are you tired of politics?

God knows, I am. As big a politics junkie as I used to be – in my time as a flag-wavin’, God-fearin’ Republican there wasn’t a Townhall.com update I didn’t read, nor an issue of The Economist I didn’t completely consume for more general news before moving on to a host of blogs – these days I can barely finish a simple newspaper article without feeling that despicable strain that comes from forcing my poor brain to endure the consumption of totally repetitive and irrelevant information (for those of you who aren’t Bible geeks like me, think of how you feel when reading the Book of Leviticus). Unless that newspaper article details the sexual exploits of one of our holders of higher office, anyway, because at least the secret life of Mark Sanford appeals to the voyeur in me.

But what the heck am I supposed to find interesting about Washington today – or indeed the world? No thoughtful debate of current issues exists within the federal and state levels of U.S. authority. Bills are written at absurd length and then submitted to the floor for approval on days when reading them, much less discussing them is impossible – and often include “blank checks”, entire sections which are simply to be “filled in later” without returning for reconsideration. Which might be averted had our so-called representatives the huevos to simply vote down bills they’ve only just learned about, but Congress is utterly beholden to the unions, corporations, foreign governments, and associations which purchase its members’ elections – the work of passing a bill doesn’t really have anything to do with what’s in it, so much as who is for it and who is against it. Indeed, at least in many sessions the leader of a party has simply informed his party’s other members how they are to vote using hand signals – one for “yes”, another for “no”, an occasional third for “vote your conscience”.

Oh, I suppose there is a little bit of discussion about the choices before us, now and then. Remember the most recent presidential debates? When an Ordinary Citizen would ask a pointed question and both Obama and McCain would simply ignore it, just make a vague statement about the economy or the Earth or Change instead? Just like their campaign managers demanded, I’m sure, because being boring and non-specific is how Poli-Sci wizards have determined one wins elections. There’s a reason no president of our country has delivered a speech worthy of the Gettysburg Address in a very, very long time.

What is the American government that I am supposed to want to engage in it? Let’s momentarily push past the oft-quoted reminder that “Democracy is two wolves and a sheep voting on what to have for lunch” (Benjamin Franklin is often incorrectly cited as the author, but in fact nobody can find evidence of the observation been written prior to ’92). Let’s note instead the unchallengeable fact that even the laws established both by the Unites States Constitution and our government are ignored whenever they get in the state’s way. The government has a “compelling interest” in ignoring our property rights. It prosecutes people and expressly denies them the right to raise funds for their own defense. It goes to war without declaring war. It spies on us. It imprisons people indefinitely after they are found innocent of the crimes with which they were charged. It takes my money and gives it to the people who voted for and contributed to whoever is in office.

So I should work to change all that, right? I should start a movement. I should convince others of my position. That’s what Democracy is all about.

Sure. That’s the ticket. I’ll just convince a bunch of first-class thieves to pass a bill which forbids them from stealing. Perhaps something along the lines of what Dan Carlin repeatedly suggests: a bill that requires a politician to excuse himself or herself from voting on any bill that affects an industry from which he or she has taken donations. If I campaign tirelessly for its passage, I’m sure it will only be a matter of time. Say, the rest of my life.

And really, that’s a point I think needs to be brought up more often: the unknown amount of time I have on this planet and how much I can do with it. I have so many dreams. How much of this surely limited lifespan I have am I supposed to use up defending myself against these politicians and their supporters? These people hell-bent on owning me because they’ve bought into a utopian religion.

No, I really want nothing to do with any of it. I don’t want to read another lie on the front page – and there is always a lie on the front page. I don’t want to waste an hour or more of my day voting so that the next thief-in-chief to come along can say he has a mandate from me (or alternatively that he does not, but too bad).

But what options does rejecting this political arena, this total lie, leave me? Two, really: one is to resign myself to being at the mercy of whatever greedy power possesses the military might to hurt me and try to live my life as best I can anyway. The second is to succumb to what some commentators are snidely calling “the Bubba Effect” because they envision white rednecks from the South when they think of it (and incidentally, um, they’re spot-on, ‘cuz I am one). According to Glenn Beck’s definition of the term (there seems to be disagreement), communities of like-minded individuals tend to form when citizens become disillusioned with the idea they are going to be able to live decent lives under their out-of-control government. Militias, for example. Or Christian Exoduses. Or Free State Projects.

I ask myself on a fairly regular basis these days if I have the courage to choose the latter and live a life of civil disobedience, as well as at what point the former would become unbearable (after Hate Speech Legislation? After socialized medicine? When my taxes reach a certain level?). Fortunately for me it’s an academic question for now. I’ve the next several years of my life planned out and they mainly involve overseas work, living as a guest in other countries. My decision will remain deferred ’til my return.

And then, what?

“It is is depressing that it even needed to be discussed,” begins The Economist latest Europe.view column. From that opening sentence it proceeds to inform us of the Russian reaction to a resolution by the OSCE (Organisation for Security and Cooperation in Europe) equating Stalin with Hitler.

‘…the OSCE resolution prompted outrage from Russia. Indeed, under the new law criminalising the “falsification of history”, anyone who voted for it, discussed it or publicised it in Russia would risk a jail sentence of up to five years.’

It’s a response I think anyone with their head on straight must find indefensible, but a comment on the article from another reader did adequately explain for me the psychology behind it.

‘For better or for worse, human beings look to a few major events in national history for one of the most central components of identity building (the other typically being religion). As such, these are the places that hurt the most. All great events and all great leaders have their dark sides. We are all human. And yet, in some cases those dark sides are acknowledged but not played up. Jefferson’s slave ownership (and, indeed, his diddling of some of those slaves) is not played up. July 4th does not focus on genocide of Native Americans. FDR is not the man with dictatorial aspirations who packed the SCOTUS. Truman is not celebrated for nuking hundreds of thousands of innocent civilians. The names on the Vietnam War Memorial do not have bracketed numbers to indicate the number of innocent people those individuals might have brutalised.

‘It is well known that for Russians, their victory (and the fact that it was a victory, rather than a defeat is hugely important) in WWII, which came at great cost (in no small part by virtue of Iosif Vessarionovich’s incompetence) is the defining moment of their modern history. Stalin is only tolerated, for all his warts, because he personifies this victory. And now you want to tell them that they were no better than those they fought against and that it was all down to luck anyway?’

The poster, an Aiden Clarke, disdains “foreigners gloatingly belittling the cornerstones of [Russia's] national identity.” I see his point and think his logic is pretty clear, but I’ve still not enough interest in preserving Russian pride to excuse any defense of the evil man – and what Aiden belittles with his comments is the full weight of Stalin’s crimes. Furthermore, Aiden might be right in saying that the resolution is merely an exercise in “poking a wounded animal” by politicians, but the Russian reaction shows that it’s nevertheless an exercise worth doing, for if the fact that the world would be better off if Stalin were never born is not common wisdom in every room of the Kremlin itself, then that fact bears more repeating.

Russians need to spend less energy protecting the nonexistent honor of its homegrown monster, more coming to accept and grieve the destruction he wrought.

Liberty activist Sam Dodson’s recent victory over the Cheshire County government in New Hampshire has inspired our own Webmaster Joe – but like many family men, he feels he hasn’t the right to jeopardize his wife and two daughters’ security by committing civil disobedience.

I’m not sure I agree with his description of illegal activism as “self-indulgent”. Most of the men and women who have previously liberated American society from various evils had families; most of the Iranians currently protesting in Tehran’s streets and opposing Ahmadenijad at risk to life and limb (God bless them all) likely have them. That they were and are still willing to engage the enemies of freedom underscores their commitment against injustice – and if we all felt such conviction, the injustices of today would likely never have been allowed to take root in the first place.

Which is not to downplay Joe’s concerns regarding how civil disobedience might affect his family or to suggest he needs to “man up” and get to chaining himself to fences. No, no – the point deserved to be made, now has been, and I’d prefer to suggest methods by which citizens like Joe might contribute without undue risk to their livelihoods.

Having said that, my first suggestion will probably seem strange: cheat on your taxes. Starve the beast of government by denying it the funds with which to finance its clearly immoral and illegal programs. For the time being this is actually very safe, according to BookKeeperList.com, which writes that in in one recent year “only 2,472 Americans were convicted of tax crimes — .0022 percent of all taxpayers.” That’s despite the fact that the IRS believes 17% of Americans are not compliant. The IRS just doesn’t have the manpower or data-mining equipment to inspect everybody and when it does find suspicious claims it rarely prosecutes. So really, what’s the worst that can happen? Paying back-taxes? A penalty, maybe?

But I am am addressing at least one (and probably several, statistics tell me) Christians, so the question naturally arises: isn’t that unethical? I’ve recently reached the decision that it is not. Even if you believe that every government which obtains power over you is legitimate by divine decree (which is stupid – does that mean African-Americans were wrong to protest in the ’60′s?), to “render unto Caesar” is one thing, especially in a country in which we have a deal with our Caesar; to render unto a known embezzler is another – and it is now undeniable from public information that we Americans are being taken for a financial ride. Even if you accept the idea that they have the right to take money from some people and give it to others, they’re not doing that with the money you give them. They’re just thieves.

Take for example John Stossel’s investigation into the government agency meant to assist Native-Americans in poverty. He’s found that $40,000 is purportedly spent on each Native-American purportedly being helped – an amount which obviously would put them all in the middle-class if we simply cut each of them a check for the amount.

Obviously, that money isn’t going to those tribes. The government tells us it is, but it isn’t – and even the government isn’t so incompetent as to mismanage that much moolah. People aren’t that stupid, Folks. It’s being stolen from you – just as it’s being stolen from you inside the Department of Defense (they’ve been trying to produce a credible financial statement for approximately a decade now), inside the Fed (which hasn’t been audited in nearly a century), and doubtlessly inside many other departments.

I’m not saying it’s necessarily being stolen from you without being accounted for. I’m sure most of the money that our government officials give to their friends is accounted for on their budget and rationalized, if poorly. But it’s still being stolen. The intent of these people is not to help Native-Americans.

A second argument against faithfully paying taxes: I won’t declare paying your taxes to be sinful (after all, it’s basically the equivalent of handing your wallet to a robber – “Give us the money or else!”), but through your taxes you are funding programs you know to be morally wrong. I can’t see that failing to assist evil men in their evil actions can be wrong.

(I wish this conversation was more than academic for me. In my life, the metaphor of the government as highway robber takes on a light-hearted tone. Thumbing through my wallet, the masked menace’s eyebrows rise. “Really? This is all you have? Dude, tell you what – just keep it.”)

Let’s move on to another idea: If you can’t be disobedient, fund people who are. The CD Evolution Fund is a charity which financially supports liberty activists in New Hampshire, usually by paying for their legal aid. The fund was instrumental in supplying Sam Dodson with representation during his two-month incarceration.

Obviously, you can also support other liberty-oriented projects. In fact we may want to discuss a libertarian tract of the sort produced by Mr. Ditko; I have $250 in my “Time for another project” account and am currently considering what might eventually pay for itself.

Finally, don’t cooperate in your victimization to the extent the law allows. This will still make your life more difficult, as police and government officials don’t like it when citizens remind them of their limitations, but freedoms are like muscles – if you don’t exercise them, they waste away. Never let a government agent or policeman inside your house without a warrant. Don’t tell traffic cops where you’re going or where you’re coming from if all they stopped you for was speeding.

A number of Free Staters and general libertarians take this tactic to daring levels, openly carrying firearms in areas legal to do so.

Before I close, a note on one tactic you haven’t yet heard me mention: voting. To vote for a Libertarian is a harmless enough act, I suppose – and sure, it registers disapproval with the system as it stands – but like Ian on Free Talk Live I’m now wondering if it wouldn’t be more productive to deny the legitimacy to our government granted by the electoral process. One of the reasons so few people offer more than token resistance to any government program is that the government is still considered to some extent “all of us”, even if it’s doing something illegal. But it’s not. And perhaps ceasing to play into the pretense that it is would help bring light to that fact.

I think I’m done for now. One thing’s for sure, Joe… With people like Sam Dodson doing as much as they are, there’s one tactic we can’t choose: getting along to get along.