Tuesday, March 20, 2012

A Quick Comment on Perspective

My friend wrote to me this morning about his thoughts on the Trayvon Martin case. It was moving and awful, as he too experienced harassment and abuse of force at the hands of people who thought a young black man was in the wrong place to be up to anything but trouble.

Shortly thereafter I see a retweet of "Chef Geoff" Tracy on Twitter:
Virginia ABC law prohibits us from using the words "Happy Hour" in any advertising. Are we still in America?
Yes, it's a stupid law. Yes, bar and restaurant owners should work to get rid of the law and I would fully support that effort. But given that a 17 year old black kid was hunted down and shot by a man with dubious authority, at best, who was explicitly told by police dispatch not to pursue and engage him, with no legal repercussions to this point, I think it's a tad overwrought to start questioning the sanctity of America over ad restrictions.

This isn't to say that Trayvon's killing is necessarily Chef Geoff's fight, but I think this underscores a lot of the disconnect between what liberty means to the business-centric folk and what liberty means to those of us who see and/or experience the abuse of power in ways more threatening to personal safety, security, and dignity. Chef Geoff isn't at all wrong to claim injustice--the Virginia alcohol laws are harmful to business and that directly affects his livelihood, and he has every right to be upset--but in the grand scheme of things, a catchy phrase for an ad just doesn't compare to some guy with a gun and a power trip getting away with hunting down and killing a black kid because 'he looked suspicious.'

I have nothing at all against Chef Geoff and have heard only great things about him and his notable establishments. He's not guilty of anything other than slight overstatement and I do not wish to impugn him in any way. I just thought his comment reflects a language gap between people who rightly fear threats to economic liberty, but may not give as much thought to threats to personal liberty that so many others face on a daily basis. It's not that he's wrong, it's just that he--and so many others who care about liberty--could use a dose of perspective.

bellum medicamenti delenda est


Monday, March 5, 2012

On the Koch/Cato fight

Most readers know that I am a Cato employee and have been since August 2007. Just prior to that, I was a Charles G. Koch Summer Fellow at reason magazine. As you have probably heard, the Koch brothers are attempting to gain control of the Cato Institute in order to turn the world's leading libertarian think tank into a right wing hack factory. This schism is sort of like a falling out between your dad and a rich uncle that paid for your senior trip.

Thanks for the great summer, Uncle Charlie, but you're way out of line here.

What always bothered me by the 'Koch-as-master-of-puppets' tripe was not just that it impugned my motivations and those of my colleagues, but that it couldn't be further from the truth. If Charles Koch had been calling the shots, none of this would be happening. Ed Crane would be gone, and maybe a few employees go with him, but Cato would look mostly the same. Yet, I don't think anyone believes today's Cato will have anything in common with a Koch-run Cato other than the renovated building that bears the same name.

I was deeply shaken when the story broke about the Kochs' actions. They are not only attempting to destroy the Cato brand by making it partisan and inherently less honest, but they are already sullying the reputations of all of the other policy shops and publications they support that don't carry the Koch name. While the Left and its allies kept harping that the Kochs were somehow calling the shots--boogeymen make great fundraising gimmicks--most DC people knew better, whether or not they would admit it publicly. Now that the Kochs have proven that they don't have the influence the Left assigned to them, they are trying their hardest to get it. Any organization that has a Koch closely associated with it has been tainted going forward, and that is unfortunate.

Despite their business acumen and strongly held beliefs, the Kochs don't know how to run a think tank. A think tank is jealous of its reputation, yet the Kochs' actions here have demonstrated they have no interest in maintaining it. Cato as a name will be irreparably damaged, the board of directors will disintegrate, and they'll have to start poaching Right-wing shops to fill the vacancies left by the resignations of people who refuse to associate themselves with this naked power grab.

Just because we support legalized prostitution doesn't mean we want to live it.

The Kochs would do themselves and everyone else a big favor if they just let this die. Cato was never theirs to control, and if they want to shift their support to Republican activist organizations, that is their prerogative. But attempting to take over Cato only harms the many organizations, causes, and individuals they have long supported, including many quite separate from Cato. But, I fear, they plan to see this through and will fight on even if they lose in court.

There are few places in DC I could work at in good conscience, and none hold the appeal of working for Ed Crane, David Boaz, and the rest of my colleagues at Cato. If the Kochs win, I'll have to figure out a new path for myself. If that should happen, though, I suggest a name change for the pretenders:


I suspect New Koch's appeal will be quite similar.


bellum medicamenti delenda est

Wednesday, February 22, 2012

States' Rights vs. Individual Rights

I have an essay up over at Libertarianism.org in which I argue that the "States' Rights" argument for the Confederate secession is an argument that sides with the prerogatives of the state over the inalienable rights of the individual. This has ruffled some feathers within the libertarian community, despite its veracity. If a state has a right of exit that individuals in that state do not (through no crime of their own) then clearly the state's "rights" are preferred over those of the individual.

This doesn't sit well with people who claim that the South was somehow fighting for liberty. Southern "liberty" was a false one because, within a rights framework, a man does not have the liberty to enslave another man.

You'd think people who define their politics as one of liberty would understand that.

Read it here.

bellum medicamenti delenda est

Saturday, February 4, 2012

The Rhetorical Power of "Drugs"

Unless you follow sports or sports news pretty closely, you probably have never heard of Sam Hurd. Until a couple months ago, he was just a wide receiver and special teams player for the NFL's Chicago Bears. He recently signed a contract for $5.1 million, not anywhere near a star's salary, but enough cheddar that people are predictably surprised that a "rich" man would get caught trafficking a large amount of cocaine.

I don't know enough about the case or Hurd to explain what he was doing. I could get into the one-sided nature of NFL contracts (if you get cut from the team, you don't get paid, no matter what the paper says), the short professional tenure of most NFL players ( ~4 years), or what it says to be a typical special teams player not named Devin Hester (you're a back-up when a star goes down), but I don't think "why?" is really important either. Furthermore, I generally don't trust media reports this early into the public phase of the process. It's a one-sided PR battle waged by the prosecution until the lawyers hash it out at trial, so talking about this or that "fact" is just speculation. What I do want to focus on is the predictable shock and outrage that a 'successful' man is doing something so risky and potentially life ruining as cocaine trafficking.

Here is an image of what a lot of people think when they hear "drug dealer":



Black. Cornrows. Neck Tattoo. "Bling." Vaguely menacing to those people who get scared of people who look something like this. Pictures like this pay for the Drug War.

The problem is, while this is what our prison population looks like, it's not fully indicative of who is selling, buying, and using drugs. The guy in the picture could be Father of the Year for all I know, but if you Google image search "drug dealer," he comes up.

The United States illicit drug market is the largest in the world--surpassing the drug market for the entire European continent--worth multiple billions of dollars. Tens of millions of Americans are illicit drug users. Think about that for a moment: tens of millions. The drugs have to get to all of them somehow, and it's not always delivered by someone who looks like our friend here.

"Drug dealers" are just people who exchange drugs for property, money, or services. That's it.

Not every person who sells drugs is a "drug dealer," per se--a lot of times it's a user who gets extra for his friends. Like chipping in on a beer run, it doesn't make sense for multiple users to all go separately to a seller, so one guy can pick up a bunch--as drugs, like most goods, are cheaper when you buy in bulk--and distribute it to his friends. Other times, someone "knows a guy"--you could say, a drug dealer--who brings in extra cash by selling drugs to regular or semi-regular users. The guy is not on the street hustling or gang banging--he works at a job and makes extra money on the side by selling to friends, co-workers and other people he knows aren't police. If you have a secure supplier and a small customer base, this can last quite sometime with low risk because most people who use drugs don't actually get caught. The risk comes when someone does get caught and rats out his dealer to avoid or decrease jail time. Such is the life of the low-level dealer.

The other risk, which it appears Mr. Hurd discovered, comes when you're trying to expand your customer base. Your quantities are larger so transportation becomes more difficult, and you're much more likely to draw the attention of law enforcement.

The police are rather fond of big fish, you see.  It seems to be their only distraction from the Sisyphean drudgery of the drug war day after day. For a brief moment, they try to convey that they've done something useful, despite having no lasting effect on the supply or demand for drugs. Even in the rare event law enforcement is successful in dramatically reducing one type of drug from making it from supplier to consumer, the latter's desire to get high remains and new drugs come to the fore or less popular drugs reemerge through alternate channels.

But back to my point: the scary "drug dealers" are just people engaged in a market. In massive distribution networks, like the Mexican cartels, there are kingpins and mercenaries and mules and American distributors and-so-on down the line as the drugs are diffused into the American black market economy. In more local operations, there are a farmers who grow marijuana in fields, woods, homes, or warehouses and smaller supply networks. Eventually, the drugs get to "that guy" and then to the consumer. People at various levels essentially are engaged in the same enterprise, but face vastly different pressures and constraints related primarily to the level of prohibition enforcement, but also the cost of overhead ( the level of bribes and kickbacks required to do business on top of growth and distribution) and local competition. Access to major drug channels in northern Mexico that stretch into the southern U.S., for example, can be expected to produce a high volume of drug-related violence due to the profits tied to those routes. Yet, in San Francisco, there are state-sanctioned distribution shops and users all over the place--yet there aren't constant shootouts at Haight and Ashbury or decapitated bodies in Berkeley despite the ubiquitous drug trade. The tolerance of law enforcement, whether by law or priority, lowers operating costs of drug sales. If you and your neighbor can both make a little money selling drugs, but neither of you is likely get super rich from doing it, motivation for violence is virtually zero. One doesn't become a violent monster just because he makes some dough selling his old college buddies some weed once a week.

This overreaction isn't at all limited to "drug dealers." The Daily Show put out a great bit this week about a newish but (thankfully) enjoined law in Florida that requires all welfare recipients to take a drug test. This video shows how poor people--simply by someone asserting that they do drugs at a higher rate than more affluent folks--are subject to invasive 4th Amendment violations just because they are poor (and probably perceived to be racial minority, but that's another post) are thus assumed to be "drug users."

                       
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Regardless, because it's "drugs," all sense and decency go out the window despite the fact that the poor actually spend less on drugs than non-poor folks and alcohol--a perfectly legal addictive intoxicant that one or two people have been known to use as escape mechanism--isn't regularly tested for. Surely, we don't wanna be subsidizing bar tabs any more than we want to pay for weed -- but this raises uncomfortable questions about what taxpayers can really demand of the people to whom their money is given and where that line stops. I would like few things more on this planet than a more constructive alternative to government-provided welfare--but until that becomes a reality, I don't believe setting arbitrary and abusive bars on that assistance helps anyone. Indeed, by kicking a drug user off of welfare, they further marginalize a poor person who may very well have a drug problem. He or she still needs to survive, and without a legitimate source of income, a life of crime--be it as a dealer or actual crimes against people and property to support their problematic habit--is likely to make the community more dangerous than it would have been supporting this person's habit. And, of course, you can't very well support this policy from a fiscal stance if the result is more people in prison being supported for food, shelter, and medical care. You don't have to believe in drug legalization to recognize the probable downside to this policy.

If you say "drugs," then all the normal limits of what we expect of people and what is proper for government to do change--whether we're talking about dealers, users, or even suspected users. The general consensus is that drugs are bad, and thus anything to stem their influence--whether the solutions are shown to be the least bit efficacious or not--are accepted with almost no hesitation. Similarly, anyone engaged in the trade is assumed to be a horrible person--a violently cruel drug dealer or a drug-using bloodsucking leech on society. This is both foolhardy from a budgetary perspective and unspeakably cruel from a humanitarian perspective. The result is the Drug War that diverts resources from violent crimes to pursue vice crimes whose greatest tie to violence is the prohibition itself. Everyone is presumed to be guilty and without excuse for their alleged behavior, which must be condemned in no uncertain terms and with the harshest of punishments. All this makes  United States the undisputed leader in incarceration on the planet, imprisoning one percent of our entire adult population with more than three percent on probation or parole. "Drugs" as rhetorical boogeyman allows the American public to support an ever-expanding incarceration state and tolerate the Drug War that feeds it.  Given the outcomes of the policy, it's hard not to think "drugs" has become a euphemism for a more inflammatory word that has traditionally scared the status quo.




bellum medicamenti delenda est

Thursday, February 2, 2012

An Anger-Fueled Ruse

So, apparently Attorney General Eric Holder is back up on the Hill doing his usual CYA Dog and Pony show about Operation: Fast and Furious, the gun-walking (remember when it was gun running?) operation that led to U.S. DOJ officials losing track of the guns it sold to drug lords without apprehending anyone. I know I've discussed this before, but I get irritated every time I see Holder try to B.S. his way out of this by bringing up gun control.

The guns are a distraction: a massive, calculated, politically motivated distraction away from the actual problem--the Drug War. The Republicans are using F & F to embarrass Holder and, predictably, Holder is getting defensive and trying to turn the blame on the Republicans for creating the environment where guns may flow freely across the border. I've seen this show before.

Never mind that people don't tend to kill each other willy-nilly with a body count in the tens of thousands just because they have guns. Never mind that a lack of prohibition on guns is being scapegoated to cover up a failed prohibition that has gone on for a half century. Never mind that the drug prohibition has made drug trafficking so lucrative that kingpins can buy whatever they want: they have submarines now.

WE NEED BETTER SUBMARINE REGULATION!

So, as I write this, you have grown men and women engaging in heated, angry, blame-filled hearings, arguing over something completely tangential and plainly irrelevant to the actual cause of the violence and murder. This is your government on drugs.

Any questions?


bellum medicamenti delenda est

Wednesday, February 1, 2012

Shoot the Messenger

Jim Moran is my congressman. I am not a big fan, and--if I were in a better frame of mind--I'd probably think he goes over the line of acceptable things old white guys can say here, but that's not why I'm writing. I'm writing not as his constituent, a black man, or a libertarian. I'm writing this as a copy editor. Indeed, my beef isn't with Moran--it's with whomever wrote this travesty of a transcription:

"He just seems clueless not that he has climbed abroad ship. He's climbed this latter of opportunity that was constructed by so many of his ancestors' sweat, sacrifice, blood, you know they did everything they could for his generation to be successful. But now that he's climbed abroad ship, instead of reaching down and steadying the latter, he wants to push it off. 'I'm up here. If you're not with me, too bad.' And President Obama, fortunately, is the kind of guy that says 'I was very fortunate to get where I am and I'm going to spend my life trying to steady that latter of opportunity by reducing college tuition and training our workers, trying to get a decent job for everybody. Making sure that while I'm African-American, it really doesn't matter. What matters is my commitment to public service, my love for this country and I'm going to leave a constructive legacy,'" he said. (italics mine)

TWO "abroad" ships? THREE "latters" of opportunity? This copy is so bad I can't even get mad at Moran. I need some aspirin. (click to embiggen)



HOUSEKEEPING: For those of you looking for something more substantive from me, I'm in the editing process of an essay I wrote about libertarians and the Confederacy. I hope to get it up at Libertarianism.org late this week or early next week. -jpb


bellum medicamenti delenda est

Monday, January 23, 2012

Me at Libertarianism.org

Aaron Powell was kind enough to invite me to write for Libertarianism.org, and I've happily accepted. The main topic will be race and liberty--it's less policy focused, so most writing of that nature will probably remain here--when I actually get around to hitting the "publish" button when I write something.

Anyway, my first piece is up now. Please go read it there!



bellum medicamenti delenda est