Category Archives: Op-Eds

Mayorkas Impeachment: Clearly Guilty On One Count (But So Is Congress)

DHS Secretary Alejandro Mayorkas Records an Employee Message (50914053238)

On April 17, the US Senate declined to try Alejandro Mayorkas, US Secretary of Homeland Security, on two articles of impeachment sent by the US House of Representatives. The maneuver involved a majority of the Senate “taking well” two points of order raised by Senate Majority Leader Chuck Schumer (D-NY) to the effect that neither of the counts charged Mayorkas with “conduct that rises to the level of a high crime or misdemeanor,” the standard for impeaching in the first place.

I disagree. Alejandro Mayorkas is clearly and unambiguously guilty on the first count, which charges that he “willfully and systematically refused to comply with Federal immigration laws.”

Let’s review the whole of federal immigration law:

“The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.” — US Constitution, Article I, Section 9

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” US Constitution, 10th Amendment

That’s the entirety of federal immigration law. There is no federal power to regulate immigration, no such power can be created without a constitutional amendment, and, as John Marshall, Chief Justice of the US Supreme Court, wrote in the court’s ruling in Marbury v. Madison, “an act of the legislature repugnant to the constitution is void.”

Mayorkas was impeached for displaying insufficient enthusiasm in enforcing “laws” that aren’t actual laws.

He should have been impeached for, and convicted of, violating the ACTUAL “Supreme Law of the Land” by enforcing those fake “laws” at all.

Unfortunately, both branches of Congress, as well as the executive and judicial branches, are co-conspirators in Mayorkas’s crimes.

If the US government followed the US Constitution, the US would have “open borders,” while the states would have free rein to adopt idiotic and tyrannical immigration policies like those of Texas … which the feds are suing to nullify!

Lysander Spooner, a 19th century American anarchist, explained this kind perpetual farce better than anyone before or since:

“[W]hether the Constitution really be one thing, or another, this much is certain — that it has either authorized such a government as we have had, or has been powerless to prevent it. In either case, it is unfit to exist.”

We’re not going to “Constitution” ourselves out of our problems. Politicians always have ignored, and will always ignore, any parts of the Constitution they find inconvenient — not just on this issue, but on all issues.

Thomas L. Knapp (Twitter: @thomaslknapp) is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

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Two Different Days, Same Terrible Tax News

Income-tax-491626 1920 (1)

As most Americans know, the Internal Revenue Service’s deadline for filing 2023 federal income tax returns fell on April 15 this year. Millions of Americans probably waited until the last minute to file those returns, in part because nobody likes doing the paperwork (even if it’s done on a computer with expert assistance), and in part because they dreaded the possibility of having to cough up even more money instead of getting a refund.

As many Americans may not know, Tax Freedom Day fell on April 16. Tax Freedom Day is the day when, according to the Tax Foundation, the average American has earned enough to coughed up what the government is going to demand from him or her this year. After Tax Freedom Day, you’re theoretically earning money for yourself instead of for Uncle Sam.

As of 2020 (the last year I could find Tax Foundation information for), the average American forked over 13.6 cents of every dollar earned … and that’s just for federal income tax. It doesn’t include capital gains taxes, state income taxes, property taxes, sales taxes, tariffs (you only see them as price increases, but you’re still paying them), gas taxes, “sin” taxes on booze and tobacco … the taxing just never stops.

The message of “tax day” and “Tax Freedom Day” is really the same: For nearly 1/3 of the year, the government considers itself entitled to everything YOU earn or produce, and demands that YOU do the work of documenting whether it took “enough.”

There’s a word for that kind of claim … but we supposedly ended slavery in 1865. I guess there are reasonable arguments for using weaker terms like “theft” or “extortion,” but there’s no honest way of making taxation sound moral.

The dishonest way is best exemplified by Oliver Wendell Holmes’s claim that “taxes are the price we pay for a civilized society,” or Barney Frank’s definition of “government” as “simply the name we give to the things we choose to do together.”

Paying taxes is not something we “choose to do together.” It’s something we do because  government threatens to steal our stuff and/or lock us up if we don’t.

As for “civilized society,” I refrain from beating my neighbor senseless or burning down his house because I’m not a terrible person, not because he filled out a 1040 form. I’m inclined to doubt that my fellow citizens will suddenly descend into savagery if   government stops stealing a third of their wealth every year.

And even if the “civilized society” dodge made sense at all, I’d have to conclude, like Jimmy McMillan, that “the rent is too damn high.” A government that has enough money to build 750 military bases in other countries (not counting the ones in the US), and enough money to track me down and put me in a cage if I smoke the wrong plant, neither of which has anything to do with “society” being “civilized,” has WAY too much money.

If politicians need money, they should hold bake sales instead of holding guns to our heads.

Thomas L. Knapp (Twitter: @thomaslknapp) is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

PUBLICATION/CITATION HISTORY

Supervising Your Kids’ Internet Usage Is Your Job, Not The Government’s

If you live in Arkansas, Mississippi, Montana, North Carolina, Texas,  Virginia, or Utah, you can’t visit Pornhub — one of the most popular “adult content” sites on the Internet.

In response to state laws requiring “adult content” sites to verify the ages of its users and prevent minors from seeing videos of naked people doing you know what, Pornhub told its servers to simply refuse connections originating in those states.

That’s the fantasy.

Here’s the reality:

Getting around the restriction is so easy that most minors can figure out how to do it in a few minutes.

They don’t need to buy fake IDs, or steal their parents’ drivers’ licenses, or anything like that.

All those minors — and adults just not wanting to divulge their personal information  — have to do is pick a free or cheap Virtual Private Network (VPN) service.

Voila! They’re no longer accessing the site from Arkansas, Mississippi, Montana, North Carolina, Texas,  Virginia, or Utah, they’re accessing it from the Netherlands, Switzerland, or Japan.

So, why are these laws getting passed? There’s no way they’re going to “work” in the sense of stopping your 12-year-old from watching porn if he or she wants to watch porn.

These laws are just a form of government “virtue signaling” by politicians.

Those politicians induce moral panic among parents — “what if my 12-year-old sees porn? OMG!” — then cater to that moral panic with legislation that changes nothing but conveys a political message to those parents. The message is “I want to protect your children … vote for ME.”

If you’re a parent, I’m going to assume you’re not a lazy or careless parent.

If that’s the case you SHOULD be insulted by the claim that you’re not competent to effectively supervise your child’s Internet use, and you SHOULD tell those politicians to mind their own business and let you run your household as you see fit.

But for any issue, there’s a voter demographic that’s predisposed to fall for moral panic rhetoric and gratefully vote for any politician who makes them feel “safer” with silly and ineffectual legislation.

If you’re a voter (I won’t judge you if you aren’t), I urge you to resist the temptation to join any of those voter demographics.

With respect to this particular issue, supervising your children’s Internet use is your job, not the government’s. And you’re still going to have to do that job, because these laws can’t.

Thomas L. Knapp (Twitter: @thomaslknapp) is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

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