Archive for March, 2011

Did the Founders Even Care About Property Rights?

Posted by jccaldara on Mar 23 2011 | Constitutional History, Constitutional Law, PPC, The Founders, U.S. Constitution

Our resident constitution legal expert and original understanding junkie Rob Natelson has made it his business to bust all of the myths that surround our founding fathers. One of these myths claims that the founders cared very little for property rights, and to demonstrate this, they failed to properly protect property in our constitution. (Say that five times fast). Rob calls hooey on this idea in the latest post on his blog Our American Constitution. Not only that, he felt compelled to get into the studio and do a podcast with one of my minions. In this iVoices.org podcast, Rob clears the air and vindicates our founders from the claim that they did not care for property rights. If you read his blog post, you’ll see a fairly comprehensive list of protections they built into the constitution to protect our property rights.

Bravo Rob, keep doing the dirty work and myth busting your heart out. We love seeing this stuff.

no comments for now

Just a Couple of Award Winning Guys

Posted by jccaldara on Mar 22 2011 | PPC, Politics, Purely Personal

The inside the beltway political magazine Campaigns and Elections decided to honor the top Colorado Influencers in their recent issue. And what do you know, they chose both our successful investigative journalist Todd Shepherd and yours truly. Unfortunately, I cannot get my hands on an electronic copy of the issue, but I do have the physical copy sitting right here in front of me. (Scratch that. I was given the PDF link from a friend on Facebook. Check out the article here).

About Todd Shepherd, they said, “Award-winning reporter who moved to the Independence Institute, where he ferrets out government fraud and waste. Has created Complete Colorado, a state-level version of the Drudge Report that has become a daily must-read for anyone interested in politics.” I agree completely. I use Complete Colorado as show prep for my nightly radio show on 850 KOA.

About me they said, “Runs libertarian think tank, the Independence Institute. The state’s best Republican message-maker hands down, hosting his own talk-radio program and television show. Often rubs establishment Republicans the wrong way as they chafe at his honest assessment of the political scene. Case in point, his favorite political axiom is: “If Republicans can f— things up, they will.” Again, I have to agree. They nailed it.

1 comment for now

Citizens’ Budget Facts of the Day, part 3

Posted by jccaldara on Mar 21 2011 | Citizens' Budget, PPC

Government redistributes tax dollars to private businesses to further “economic development.” The intent is to intervene in the economy so that new jobs are created; these jobs then supposedly will multiply through the economy as wages from the jobs and purchases of materials and other inputs provide new income to supporting businesses. It is the dream, vision and expressed intent behind the Obama administration’s American Recovery and Reinvestment Act stimulus funding, and the hope of governments at all levels.

Yet it is increasingly understood that such programs actually result in a lower general standard of living.


The Statewide Bridge Enterprise forecasts that revenues will exceed $100 million annually after a three-year phase-in period.

Elected officials raise these revenues from a surcharge, the Bridge Safety Fee, levied as part of the new vehicle registration fees. The enabling legislation is wrong in several ways. It is really a tax, not a fee. The charge is based on the weight of each truck and not on the frequency that any particular truck uses a Colorado bridge. As a tax, it required prior voter approval, which was never requested.


Deserving further study is reaction to allegations that wage and salary levels of state employees are higher than for similar jobs in the private sector.[i] Setting the base wages and salaries is done annually by use of surveys of comparable positions. How then do we end up with the average pay exceeding comparable private sector jobs? Do surveys of other government positions really identify market comparables? Do surveys capture the value of the security of a government job? How can a measure of turnover be used to assess pay level? Are the level of health care and other benefits truly reflected in total remuneration figures?

[i] Protected Class, Wendell Cox. Protected Class II, Wendell Cox.


Direct CDOT to investigate improving mobility on U.S. 287 by establishing new truck-fee-financed, truck-only lanes.
Trucks and automobiles are not particularly compatible. Their use of the same facilities drives up costs while reducing safety and carrying capacity. Truck traffic counts comprise about 10 percent of vehicles but consume nearly 30 percent of highway capacity. Thus, removing trucks from some highways effectively would increase capacity by 30 percent for automobiles. Trucks pay a lot in taxes and fees which, if isolated for exclusive use of trucks, might be enough revenue to construct their own truck-only lanes.[i] Design standards for separate automobile and truck facilities would allow both to become more cost-effective and safe.

[i] Peter Samuel, Robert W. Poole, Jr., and José Holguin-Veras, Toll Truckways: A New Path Toward Safer and More Efficient Freight Transportation, Reason Foundation Policy Study 294 (June 2002), http://reason.org/files/cce62e3a8ed97d31be8e1094f658968a.pdf.


Our research shows the Department of Health Care Policy and Financing has been overly reliant on policy suggestions and “research” provided by private foundations with agendas that are often at odds with the welfare of Colorado patients and taxpayers. It has accepted large amounts of money from those foundations to fund extensive “technical support” programs and to create various small institutions that can be relied on for friendly staffing of proliferating committees, commissions, and boards. As a result, it is increasingly difficult to pinpoint who is actually making policy within the Department. The small foundation-supported institutions also can be relied upon to join coalitions that provide political cover for state officials intent on transferring more money and power from private sector health programs to public ones.


For more information about this topic, go to http://tax.i2i.org/citizens-budget/ , leave a message at the Independence Institute at 303-279-6536 or reach Penn Pfiffner directly at constecon@hotmail.com or at 303-233-7731.

no comments for now

Oops I did It Again (I Played With Your Ballot)

Posted by jccaldara on Mar 21 2011 | Government Largess, PPC, Taxes

A few days ago the Denver Post reported that I am filing a petition for a tax cut to be placed on this November’s ballot. Specifically, it would lower the state’s income tax from the flat 4.63% to a flat 4.5%. Okay, I know what you’re thinking, “But Jon, you said the petition process in Colorado was DEAD!” Indeed it is. I am not filing this new initiative in order to prove how dead it really is. I am filing this initiative for a couple of reasons. For one, I was inspired by the tax hikers like Carol Hedges and my Senator from Boulder Rollie Heath who were so eager to come together and rally for tax increases at a time like this. Secondly, I am hoping to make an important point with my new initiative: that Rollie Heath, as a proponent of the tax hike ballot amendment, is putting his financial well-being on the line. Whether he knows it or not, he is risking personal bankruptcy – simply for using our state’s petition process – all because of HB 1326. I am hopeful that Rollie’s financial well-being will remain intact, as we are in the middle of a court case that could throw this terrible law out. Additionally, we are working with legislative leadership to do something about 1326. In either case, it will be a huge victory for voters and petitioners if this law gets canned. (Not to mention, a huge relief to proponents out there risking bankruptcy).

But most importantly, my initiative is about choice. Rollie claims that his tax hike initiative is very modest (it’s nearly 10%). If his tax hike is tiny, my tax decrease of only around 3% is nothing! Why not give voters a choice? Better yet, why not wipe out our budget hole in one shot Rollie? You can do it! All you’ve got to do is sell your cuff link collection.

no comments for now

University of Colorado Opera’s “Susannah”

Posted by David Kopel on Mar 18 2011 | Uncategorized

(David Kopel)

Can you name the two most-performed American operas? What if I give you the hint that Porgy & Bess is number one? In second place, but much less-known, is Susannah, by Carlisle Floyd. Last week, the University of Colorado produced a solid performance of Susannah, as part of CU Opera’s all-American schedule this season.

Susannah is based on a story from the Bible’s Book of Daniel. Two elders falsely accuse a pair of young people, Susanna and Joakim, of premarital sex, and the pair are sentenced to death. But Daniel saves the day, by separately cross-examining the two alleged witnesses about where they claim the assignation took place. One says “Under a mastic tree,” and the other says “Under an evergreen oak.” Perjury proven, the two elders are executed, while Susanna and Joakim are freed.

The Susanna story is part of the Apocryphal, or Deuterocanonical (second canon), books that were written in the intertestmental period, between the close of the Old Testament and the first books of the New Testament. Jews and Protestants do not consider these books canonical, but Susanna (which is appended to the canonical Book of Daniel as chapter 13), is included in the Catholic, Greek, and Slavonic Bibles.

Carlisle Floyd transplants the story to a small town in a rural Tennessee valley. At a town dance, Susannah’s high spirits annoy the wives of the church elders. With a new preacher arriving in town, the church elders head down to the river to find a good spot for baptisms, and find Susannah bathing naked. Scandalized, they coerce her slightly retarded male friend, Little Bat, into “admitting” that Susannah seduced him. Things do no turn out nearly so well for the operatic Susannah as they did for the biblical Susanna.

The lyrics are in the idiom of the early-mid 20th century rural South: “I danced and danced ‘till I was plumb wore out.” Vocally, Susannah is a difficult opera. The cast of college students met the challenge, although one could see that it wasn’t easy. Emily Martin as Susannah sparkled, taking the audience on a journey from naïve happiness to exhausted despair to nihilistic revenge.

As Susannah’s good-hearted but irresponsibly drunken brother Sam, John Robert Lindsey and his powerful voice were never overwhelmed by the gorgeous music from the orchestra—a problem sometimes not surmounted by other singers. Lindsey also has the most impressively sculpted biceps that one may ever see on an opera stage, which almost forces one to construct a back story of Sam doing pushups all day when he’s not out hunting or drinking.

Susannah’s male friend Little Bat (James Baumgardner) matched his voice to his demeanor, believably remaining loyal to Susannah even after his false accusation. Wei Wu, as minister Olin Blitch, did not fully embody the emotional energy of revival preaching, but his later scenes at Susannah’s cabin—where he seduces her and then repents—were poignant.

Fortunately, CU Opera chose to perform Susannah in the period and costumes for which it was written, rather than following the trend of some companies to get their costume ideas from Lady Gaga and their set design from Tron. Peter Dean Beck’s set and lighting supplemented the performances without being intrusive; the twinkling stars and Sam’s cabin were especially good. 

Susannah is entirely negative in its portrayal of the townfolk, and in that sense, unrealistic. But dystopian visions of American small towns are a tradition among American artists, as in Sherwood Anderson’s 1919 collection of short stories, Winesburg, Ohio.

Written in 1954, Susannah evokes its period’s fear of McCarthyism and false charges, as both Stage Director Leigh Holman and Music Director Nicholas Carthy wrote in the program notes.

Joe McCarthy and his reckless, unsubstantiated charges certainly gave anti-Communism a bad name in the history books. Which is too bad, because there really were American Communists working to turn the United States into a Soviet-style tyranny. Among them was Dalton Trumbo, who attended the University of Colorado for two years before becoming a Hollywood screenwriter, and writing novels and screenplays that always followed Joe Stalin’s political line (anti-war until Hitler attacked Stalin, then militantly pro-war).

As a Communist Party member, Trumbo was brought before the House Un-American Activities Committee, and eventually spent 11 months in jail. Bizarrely, CU’s School of Journalism built a “Dalton Trumbo Free Speech Fountain,” at CU, dedicated to a man who devoted his life to a cause which would eliminate freedom of speech and the press.

False accusations though, are as old as the Bible, and as modern as the selectively edited video of Shirley Sherrod. So kudos to CU Opera for a fine presentation of a great American opera on a timeless theme.


Copyright © 2010
This feed is for personal, non-commercial use only.
The use of this feed on other websites breaches copyright. If this content is not in your news reader, it makes the page you are viewing an infringement of the copyright. )

Comments Off for now

ObamaCare Stinks in 1 Minute

Posted by jccaldara on Mar 18 2011 | Health Care, PPC

A couple of my former minions created a fantastic little YouTube video that is currently in the running for a $5,000 prize! This contest is being put on by the Independent Women’s Voice organization in order to show the ills of ObamaCare in 1 minute or less. So here is what I’m going to ask you do. Go to the Independent Women’s Voice YouTube channel. Watch the health care videos, they are numbered from 1 to 18, and they are all just 1 minute long or shorter. I believe you will find that our minion’s video, #14 called Health Care Solutions is by far the best. If you agree, log into your YouTube account and comment on the video saying that you choose that one as the winner. Winners will be announced on March 23rd.

Check out the video here:

no comments for now

Tyrannical “governments” are not genuine governments

Posted by David Kopel on Mar 18 2011 | Uncategorized

(David Kopel)

Some background sources for the principle in our Declaration of Independence that tyrannical “governments” are merely a large-scale form of organized crime, rather than real governments:

In the views of the American Founders: Don B. Kates, The Second Amendment and the Ideology of Self-Protection, 9 Cconstitutional Commentary 87 (1992) (Founders saw no fundamental distinction between individual self-defense against criminals and collective self-defense against criminal governments).

Algernon Sidney, Discourses Concerning Government, ed., Thomas G. West  (Indianapolis: Liberty Fund, 1996), ch. 3, sect. 46, p. 574 (To be subject to a tyrant is little different from being under the power of a pirate). Sidney, who was executed for treason in 1683 by the wicked Stuart regime, was venerated by the English and Americans as one of the greatest martyrs of liberty. Thomas Jefferson listed Sidney (along with Aristotle, Cicero, and John Locke) as one of the four major sources of the American consensus on rights and liberties which was expressed in the Declaration of Independence.

Philo of Alexandria (approx. 20 B.C. – 50 A.D.). One of the greatest Jewish legal scholars of antiquity, Philo wrote about the Jewish law in Alexandria, Egypt, during the period when Egypt and Israel were both under Roman rule. Much of Philo’s treatise aimed to show that Jewish law from the Bible was consistent with Roman law. Erwin R. Goodenough, The Jurisprudence of the Jewish Courts in Egypt: Legal Adminsitration by the Jews Under the Early Roman Empire as Describes by Philo Judeaus 230–31 (The Lawbook Exchange 2002; reprint of 1929 translation) (A petty thief is no different in principle from a tyrant who steals the resources of his nation, or nation which plunders another nation. In other words, all forms of theft are merely variations on a single type of attack on society: an assault on the right of ownership of private property.)

Mencius (approx. about 371–289 B.C.), the most influential developer of Confucian thought: “Now the way feudal lords take from the people is no different from robbery.” Mencius, transl. D.C. Lau (N.Y.: Penguin, 1970), book 5, part B. Accordingly, killing a tyrant is very different from killing a legitimate king, which would be immoral: “A man who mutilates benevolence is a mutilator, while one who cripples rightness is a crippler. He who is both a mutilator and a crippler is an ‘outcast.’ I have heard of the punishment of the ‘outcast Tchou’ [an emperor who was overthrown], but I have not heard of any regicide.” Ibid., book 1, part B, item 8. Unlike the other authors cited in this post, the philosophy of Mencius was not known to the American Founders directly, nor was it known indirectly through other philosophers. Mencius did, however, express the same principles of Natural Law which the Founders believed to be universal. (More by Kopel on Mencius here.)

John of Salisbury. Author of Policraticus (approx. 1159), the most influential Western book written between the sixth century and the thirteenth. To rule tyrannically is necessarily to perpetrate treason, and therefore a tyrant may be slain:

[I]t is not only permitted, but it is also equitable and just to slay tyrants.  For he who receives the sword deserves to perish by the sword.
 But ‘receives’ is to be understood to pertain to he who has rashly usurped that which is not his, not to he who receives what he uses from the power of God.  He who receives power from God serves the laws and is the slave of justice and right.  He who usurps power suppresses justice and places the laws beneath his will.  Therefore, justice is deservedly armed against those who disarm the law, and the public power treats harshly those who endeavour to put aside the public hand.  And, although there are many forms of high treason, none of them is so serious as that which is executed against the body of justice itself.  Tyranny is, therefore, not only a public crime, but if this can happen, it is more than public.  For if all prosecutors may be allowed in the case of high treason, how much more are they allowed when there is oppression of laws which should themselves command emperors?  Surely no one will avenge a public enemy, and whoever does not prosecute him transgresses against himself and against the whole body of the earthly republic.

Jofhn of Salisbury, Policraticus 25 (Cary J. Nederman ed. and trans., Cambridge Univ. Press 1990) (approx. 1159). (My essay on the book is here.)

Augustine of Hippo. The most influential Christian philosopher since the closing of the canon: “If justice be taken away...what are governments but great bands of robbers?” Augustine, Concerning the City of God Against the Pagans 139 (Henry Bettenson trans., Penguin, book 4, 1984) (translation from 1467 manuscript; originally written in early 5th century ). To illustrate the point, Augustine used a story attributed to Cicero:

Indeed, that was an apt and true reply which was given to Alexander the Great by a pirate who had been seized. For when that king had asked the man what he meant by keeping hostile possession of the sea, he answered with bold pride, “What thou meanest by seizing the whole earth; but because I do it with a petty ship, I am called a robber, whilst thou who dost it with a great fleet art styled emperor.”

“All tyrants reach a miserable end,” wrote John of Salisbury. He was not universally right, at least in the sense that he meant, listing various tyrants who died violently; Stalin, Lenin, and Mao died of natural causes. But his words are coming true in Libya. How long will Gaddafi’s mercenaries from Chad, Niger, and Syria be willing to endanger their own lives in attempting to resist the overwhelming might of air forces and navies which are better-armed, and superior in every respect?


Copyright © 2010
This feed is for personal, non-commercial use only.
The use of this feed on other websites breaches copyright. If this content is not in your news reader, it makes the page you are viewing an infringement of the copyright. )

Comments Off for now

Ecstatic crowds in Libya celebrating imminent use of U.S. military force against Gaddafi

Posted by David Kopel on Mar 17 2011 | Genocide, International Human Rights Law, International Law

(David Kopel)

U.N. Security Council Resolution passes 10–0. Live feed from Benghazi on Al Jazeera English. The Resolution authorizes “all necessary measures” except military occupation of Libya. By my reading, the authorization includes destruction of Gaddafi’s anti-aircraft defenses, and of his air force and its mercenary pilots. As President Reagan once said, “We begin bombing in five minutes.” I hope.

UPDATE: Wall Street Journal reports that Egyptian army is shipping arms to the Libyan “rebels.” Which is to say, to the legitimate government of Libya. As the Declaration of Independence affirms, the only legitimate governments are those founded on the consent of the governed. Accordingly, the Gaddafi gang was never a legitimate government, merely a large gang of criminals who controlled a big territory. The French government’s diplomatic recognition of the legitimate Libyan government reflects this fact. @liamstack reports that France says it will be ready within hours to fly over Libya. @lilianwagdy says that Libyans in France are chanting “Zanga Zanga, Dar Dar, We will get you Muamar!” Vive la France! Vive Sarkozy! Vive les droits de l’homme!


Copyright © 2010
This feed is for personal, non-commercial use only.
The use of this feed on other websites breaches copyright. If this content is not in your news reader, it makes the page you are viewing an infringement of the copyright. )

Comments Off for now

Text of U.N. Security Council draft resolution on Libya

Posted by David Kopel on Mar 17 2011 | Genocide, International Human Rights Law, International Law

(David Kopel)

Right here, provided by the Inner City Press, which has long been the best English-language media covering the United Nations. The resolution authorizes member states–acting either through regional organizations or nationally–to “take all necessary measures” to establish a no-fly zone over Libya. It further authorizes the member states to enforce the arms embargo against Libya by interdicting ships on the high seas. The resolution forbids the establishment of an occupation force. A vote is set for 6 p.m. Eastern Time. On Twitter, @SultanAlQassemi writes that according Al Arabiya’s UN correspondent, China, Russia, and South Africa (in other words, the pro-dictator caucus on the Security Council) and two other countries will abstain.


Copyright © 2010
This feed is for personal, non-commercial use only.
The use of this feed on other websites breaches copyright. If this content is not in your news reader, it makes the page you are viewing an infringement of the copyright. )

Comments Off for now

Dan Haley and Wayne Laugesen with Your Devils Advocate

Posted by jccaldara on Mar 17 2011 | Idiot Box (TV Show), PPC

This week’s Devil’s Advocate is must see public affairs TV as I am joined by the editorial page editors of Colorado’s two largest newspapers, Dan Haley from the Denver Post and Wayne Laugesen from the Colorado Springs Gazette, for a conversation about Colorado’s budget woes, current political events, and a check-in on the performance of Governor Hickenlooper, who both papers endorsed during the campaign. That’s Friday, March 18 at 8:30 PM on Colorado Public Television 12. Re-broadcast the following Monday at 1:30PM.

no comments for now

« Prev - Next »

Clicky Web Analytics