Sunday, December 13, 2015

2 Paragraphs 4 Liberty: #35 “The Devolution of Liberty”

100_1437Recently I contacted two prescription lens companies to provide me with some new contact lenses.  I believe my present corrected eyesight is fine, both for reading and distances, so simply asked to have my new contacts made from my former subscription.  But I was told by both of them that they could not do that without my getting a new eye examination, because California law did not permit them to make new lenses from prescriptions that are more than a year old.

Who would have sponsored such a law?  Rather plainly, it would have been sponsored by those who provide eye examinations.  This is not a health or a safety issue.  The last time my eyes were checked, the doctor told me my prescription had not really changed.  So if I want to take the (small) risk of having somewhat poorer vision by using an older prescription, that is – or at least should be – my choice.  But this law is not to protect consumers, it is another example of crony capitalism that uses public laws to increase revenue for those favored organizations.  In other words, this is another example of the Devolution of our Liberty.  How many other examples in today’s world are you aware of?  The ridiculous prices for some prescription drugs come to mind.  (And, of course, how many examples are you not aware of?)  But presently there are about 1,760 lobbyists in Sacramento, and most are there to promote similar laws of cronyism and favoritism for their sponsors.  How can this be changed?  We will never get money out of government until we get government out of money!  Liberty means that consumers should be able to make their own choices about how and under what circumstances to spend their money.  And that means that I should have the right to have glasses of the prescription of my choice, not the one the government decides that I should have.

Judge Jim Gray (Ret.)

2012 Libertarian candidate for Vice

President, along with Governor

Gary Johnson as the candidate for President

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Saturday, December 12, 2015

2 Paragraphs 4 Liberty: #43 “Liberty and Being Smart on Crime”

C15120D0000-00-00Last week our 2 Paragraphs discussed the failure of the policy of “Tough on Crime,” and put forth realities on how we could have safer and more crime-free communities by being Smart on Crime.  What follows are specific things we all can do to achieve those goals:

 

  1. Stop “Over-criminalization!”  Many jurisdictions have turned their police and traffic laws into fundraising mechanisms.  Not only does this frequently weigh disproportionally upon the poor, it also directly results in anger and distrust against law enforcement in general.  In addition, large fines, coupled with additional penalty assessments, often result in unpayable amounts of money being owed by many people.  And if it is not paid, that inevitably results in additional fines and even being subject to arrest.  So the cycle perpetuates itself.
  2. Arrests should be seen as a last resort, just like in medicine, where surgery is seen as the last resort.  Furthermore, if people are arrested, bail should be reasonable.  That includes the proposition that suspect who are not a threat to anyone and are highly likely to appear in court should be released upon their written promise to appear.  (Actually, this is the normal rule of law, but often bail is still required.)
  3. Repeal Mandatory Minimum Sentences.  No one can determine in advance a reasonable punishment without knowing who the perpetrators are, their backgrounds, who the victims are and how badly, if at all, they were harmed.  But these “automatic” punishments often result in obscenely long sentences that are truly unfair to the defendants, their families and also the taxpayers.
  4. Body cameras on the uniforms of the police result in better conduct both by the police and also by the people in the community.  And that frequently also results in the exoneration of police officers who are charged with misconduct.
  5. Community Policing.  Get the police back to being peace officers instead of law enforcement officers.  That includes repealing the failed policy of the so-called War on Drugs, because that often results in the police treating drug violators like the “enemy.”
  6. Repeal “Policing for Profit.”  In other words, change the civil asset forfeiture laws to require a criminal conviction before anyone’s property can be forfeited to the government.  And when this does occur, the forfeited property must be placed into the general fund instead of police coffers.  Clearly our police must be fully funded for the protection of us all, but they should not have a financial incentive to forfeit property.
  7. If non-violent offenders have drug addiction or mental illness problems, but otherwise are not hurting anyone but themselves, they should be referred to medical assistance, not the criminal justice system.

Being Smart on Crime by providing reasonable assistance to help people live more productive lives, as well as bringing our police back into the peace officer business, will not only enhance Liberty for everyone, it will make all of us safer and even reduce taxes along the way.

Judge Jim Gray (Ret.)                         

2012 Libertarian candidate for Vice

President, along with Governor 

Gary Johnson as the candidate for President

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Governor Gary Johnson

Dear “2 Paragraphs” Team Member,

I believe that a majority of voters agree with me when I say that our country is going in the wrong direction and that it needs new leadership.  During the 2012 election campaign I told people as often as I could that Governor Gary Johnson is the most qualified person to be President I know of.  Now he is contemplating running for President again as a Libertarian in 2016.

With that situation in mind, I am forwarding to you his open letter which is entitled “Why I Would  Run for President.”  I believe he is the Man for our Times.  There have always been people like Winston Churchill, Margaret Thatcher, Golda Meier and even Nelson Mandela around in times of crisis – theyjust don’t get elected.  Gary Johnson is the man for our times.  So please join me in encouraging Governor Gary Johnson again to run for President!  And spread the word to your social media contacts to do the same.

As I hope you know, we have filed a lawsuit in Washington DC against the Commission on Presidential Debates, as well as the Republican and Democratic National Parties, to require the Commission to open the final Presidential Debates to the candidates of all serious political parties.  That means that any political party which is on the ballots in enough states technically to win the presidency should have its candidate in the debates.  As of the last election, that would have included the Libertarian Party and the Green Party, which were on the ballots in 48 and 40 states, respectively.

All of this is exciting, and, if successful, will result in a coalition government of representatives from many political parties, as long as they agree with our philosophy of Financial Responsibility and Social Acceptance – which is in the mainstream of American political thought.  So please help us help our great country!

Judge Jim Gray (Ret.)

 

Why I Would Run for President by Governor Gary Johnson

Dear Friends,

When I completed my second term as Governor of New Mexico in 2003, I was done.

I had been elected Governor when everyone said I didn’t have a chance. A businessman who had never sought or held elected office, running as a Republican in an overwhelmingly Democratic state, my prospects for success were dismissed by Republicans and Democrats alike.

But I worked hard, financed my own campaign, and told New Mexicans what I would do if elected: Reduce the size of the government, cut taxes and apply business-like common sense to the job of governing.  They elected me, I did what I said I would do, and they re-elected me by an even bigger margin. After that second term, I walked away to resume what was — and is — a pretty good life.

I have had the good fortune to have climbed the highest mountain on all of the seven continents, build my dream home, and enjoy the freedom I gained from building a successful business from scratch, making some money, and creating the lifestyle I wanted.

As for being Governor, I did a good job — good government was easy. I worked hard. I did what I said I would do. I told people the truth, and I tried to run the state the same way I ran my business, and my life. Don’t promise what you can’t deliver. Deliver what you can on time and under budget. And most of all, don’t waste anyone’s time or money.  I vetoed bills we didn’t need nor couldn’t afford, 750 of them. To this day, some call me “Governor Veto”.

I cut the growth of government in half, and reduced the number of state employees by more than 1,000, without any mass firings or layoffs. All it took was good management and a willingness to challenge the status quo.  We cut taxes. We shifted Medicaid to a managed care system — similar to the health coverage for state employees — and cut costs by at least 20%. I scrutinized regulations to be sure they were both essential and not unnecessarily burdensome for individuals and businesses.

Dealing with a Democrat-controlled legislature, I certainly wasn’t able to do all that I wanted to do. Year after year, I proposed a full-blown education voucher program. The teachers’ unions and Democrats wouldn’t let it happen. But we put the issue on the front burner — long before it was fashionable.

In addition, I created quite a stir nationally by proposing, in 1999, that marijuana be legalized. I was the highest ranking official in the nation to do so, and at the time — as opposed to now, it was not a popular idea. Everyone recognized, beginning with me, that it would be political suicide. But I didn’t have any further political ambitions, and more importantly, it was the right thing to do.

Enforcing and prosecuting laws against simple marijuana possession were clogging up our courts, overcrowding our jails, costing taxpayers millions of dollars and doing permanent harm to thousands of young lives. All that because we had criminalized a nonviolent behavior that an estimated 140 million  Americans have engaged in at some point in their lives. It didn’t make sense, and I said so. It wasn’t about marijuana being good or bad for an individual. It was about a modern-day Prohibition that was not only not working, but doing far more harm than good, at tremendous human and financial cost.

My poll numbers fell through the floor for a couple of months, especially when the national media decided that it was a big deal that a Republican governor would take such a controversial and normally “liberal” stand. However, a funny thing happened. My approval rating recovered, and far more significantly, my political “suicide” helped prompt a national conversation that continues today, with a majority of Americans now supporting marijuana legalization.

I enjoyed being Governor. I didn’t enjoy the politics, but it was undeniably satisfying to make a difference in people’s lives, force debates on issues that needed to be discussed, and put the principles of smaller government and greater freedom into practice. It’s one thing to talk about liberty. It’s another to actually govern with liberty as a guiding policy. I’d like to think I showed that it could be done.

Apparently, some agree that it can be — and was — done. During the presidential campaign of 2012, the decidedly fiscally conservative Club for Growth looked at my record as Governor, and concluded that I would be a “pro-growth” President, citing our reductions in spending growth, the tax cuts we implemented, and the regulatory environment we created. At the same time, the ACLU also looked at my record, and gave me the highest rating on civil liberties of all the candidates, higher than Barack Obama and Ron Paul.

I firmly believe that the majority of Americans are, in fact, “conservative” when it comes to the size and cost of government, while being socially “liberal” when it comes to individuals being free to make their own choices and control their own lives. That’s how I tried to govern, and what I believe today.

After my term-limited service as Governor was finished, I largely stayed away from politics. I don’t like professional politicians, and certainly don’t want to be one. I went home, pursued my passions for skiing and cycling, climbed Mt. Everest, built my dream house and enjoyed my freedom. Sure, I stayed involved in some issues I cared about and in which I could make a contribution, such as drug policy and school choice.

Life was good, and it still is.

In 2009, I helped create the Our America Initiative, a not-for-profit advocacy organization with the mission of adding a needed fiscal conservative, socially liberal voice to America’s policy debates. That provided an opportunity to travel the country, organize at the grassroots and offer a “home” for those who share the notion of restoring freedom and opportunity as the real American values.

And in 2011, I made the decision to run for President. I entered the race as a Republican, believing that America was ready for a different kind of GOP candidate who had a proven record of governing according to what I consider to be real conservatism: Government that is truly limited in size and cost and that stays out of American bedrooms and boardrooms.

We fought hard, but the establishment and its special interest sponsors apparently didn’t want anything to do with a guy who would actually challenge the status quo and upset their apple cart. There was no room for a candidate who was once described as “the most dangerous politician in America”. After all, I wanted to talk about the spending, the wars and the freedom-robbing social policies that have become their bread and butter — literally.

The system is about fitting into their mold, and I didn’t fit. I couldn’t go to Iowa and evangelize about family “values” that are frankly none of the government’s business. I couldn’t go to South Carolina and talk about increasing defense spending at a time when we are broke. And I couldn’t go to Florida without telling the truth about entitlements and the need to reform Medicare and Social Security.

So I left the Republican primary circus and switched to the Libertarian Party. Libertarians, broadly speaking, are fiscally conservative and socially liberal.  The principles of less government and more freedom are there, and the experience of running as the candidate who could unapologetically advocate those principles was, well, liberating.

With the help of hundreds and thousands of great volunteers and supporters, I traveled to virtually every state, spoke to hundreds of groups, met with students in colleges and universities all across the country — and was gratified to be able to put our ideas on the national stage to an extent that had never happened before. We didn’t win, but we made the media and the establishment take notice and garnered more votes than any Libertarian candidate in history.

Along the way, I learned a lot about the American people — the most important lesson being a confirmation that the real majority doesn’t “relate” to either the Republicans or the Democrats, and if given the opportunity, will exercise a degree of political independence never before seen in our history. Americans, and especially the Millennials who are rapidly assuming a dominant role in both society and the economy, are fed up with politicians who lie, who don’t really want to change anything, and for whom being elected and reelected are ends in themselves.

Now, those Americans are looking ahead to the 2016 election — and if they are like me, they don’t like what they see. Is there anything about the current field of candidates that even hints at changing the disastrous trends of recent years?  We are seeing only slight nibbles around the edge of a tax code that is fundamentally wrong. An $18 trillion debt that threatens the very underpinnings of our economy and, in fact, our national security, is hardly mentioned, all while the politicians are obsessed with Hillary Clinton’s emails and a County Clerk in Kentucky whose 15 minutes of fame have already lingered for too long.

There were great hopes in some libertarian corners for Senator Rand Paul. I endorsed his father in 2008, and in fact, urged my Republican supporters in Iowa to support him in 2012. Unfortunately, Rand, in his quest to have one foot in the libertarian camp and the other in the establishment Republican museum, has emerged with a vague mix of positions that is clearly not compelling. There is a price to be paid for selling out — and he is paying it.

The previously presumed Republican front-runner, Jeb Bush, is fading fast as even “mainstream” Republican voters are increasingly refusing to take their orders from party leaders and funders who think he should be President just because he’s a Bush. Fairly or not, “been there, done that” isn’t working for a country that is absolutely fed up with business-as-usual.

I could go on, but the point is clear: On the Republican side, Americans are seeing, with one glaring exception, a battalion of candidates who look, sound and feel like the same Republican presidential candidates voters have rejected in the past two elections. None are instilling any confidence that government would be smaller, smarter or less costly if they were to be elected than it is today.

And about that exception…the Trump phenomenon. What does it say about the level of discontent that a professional salesman can launch a presidential campaign with a promise to build our very own Great Wall of China and a vague promise to “make America great again” can assemble a coalition of the pissed-off sufficient in size to make him the Republican standard-bearer?

In the other “major” party, the choices are equally alarming. Ms. Clinton, their version of “been there, done that”, is having her own problems claiming the throne she presumes to be rightfully hers. Never mind the unbelievable lack of judgment involved in storing official, sensitive emails in a private server in a bathroom. We’re looking at a “front runner” who, as Secretary of State, presided over a descent into foreign policy chaos that is virtually unmatched in American history.

As with Trump on the Republican side, the Democrats have devolved to the point that the candidate going toe-to-toe with Ms. Clinton, both in the polls and in fundraising, is Bernie Sanders, a self-described Socialist to whom the free market is not just foreign, but evil. His support, which like Trump, is befuddling the establishment, has nothing to do with socialism. He’s just the Democrats’ version of “none of the above” — and if some of the polls can be believed, he’s winning.

What does all this tell me? It tells me that America may finally be ready for a presidential candidate who DOES believe in the free market, but rejects crony capitalism and the subsidies, deals, bailouts and tax breaks that come with it. They may be ready for a candidate who actually governed a border state…and DOESN’T believe that a Great Wall is a substitute for immigration reform that today’s politicians cannot summon the courage to enact.

Those Millennials who will soon be a full one-third of American adults may be ready to become engaged in politics with a candidate who wants to give them a government that will leave them alone, get its finances in order so that they don’t inherit an economic collapse, and stop labeling them as criminals for smoking a joint in the privacy of their own homes.

And Americans who are rightfully and deeply concerned that a feckless foreign policy is allowing the likes of ISIS to not only threaten our safety, but humiliate us, may be ready for a candidate who will put politics aside and engage in reality-based foreign and military policies that actually fulfill government’s most basic responsibility to keep us — and our freedoms — safe.

Maybe, just maybe, America is ready. And maybe that’s why I would want to run for President.

Sincerely,

Gov. Gary Johnson




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Saturday, December 5, 2015

2 Paragraphs 4 Liberty: #34 “Liberty vs. Policing for Profit”

0 (3)One of the cardinal rules of life is that Incentives Matter. As stated so long ago by Adam Smith, the “Invisible Hand” of economic incentives is always involved in most of the decisions we make. It may not always control the outcome, but (in addition to efficiently guiding the allocation of goods and services through a pricing system) it virtually always plays a part in it. That is why the present laws governing the forfeiture of assets involved in transactions of illicit drugs (and from many lawful activities as well) must be changed. Why? Because Liberty demands that the people of our country not be subjected to the institutional corruptions that can be caused by the economic incentives of “policing for profit.”

As a practical matter, Liberty and asset forfeiture do not have to be mutually inconsistent. If a person smuggles, possesses with intent to sell or sells presently illicit drugs, the assets used to accomplish those ends, or the assets that are purchased from the proceeds thereof, can and should be forfeited to the government. But that should occur only after that person has been charged with and convicted of one of those offenses. (In the meantime, the assets can be confiscated but held in trust for a reasonable period of time pending that conviction.) Then once that person is convicted, the same jury should decide whether those assets were so used or purchased. If that is the jury’s finding, forfeit them. But then deposit the forfeited cash or assets into the government’s general fund – not to the police.

Recently the California District Attorneys Association was successful in killing a bill in Sacramento that would simply have required a conviction before a forfeiture could occur. Why the concern? Well, according to a 1995 study by the Cato Institute, the owners of forfeited property are not even charged with such a crime about 80 percent of the time! Imagine the large numbers of innocent people who were wrongly deprived of their liberty and property because of this procedure. Of course the police need to be appropriately funded, but providing them with economic incentives to procure any of that funding can result in institutional corruptions. We need our institutions to protect our liberties not only from each other, but also from the police! And we must change the incentives accordingly!

Judge Jim Gray (Ret.)

2012 Libertarian candidate for Vice

President, along with Governor

Gary Johnson as the candidate for President

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Sunday, November 29, 2015

2 Paragraphs 4 Liberty: #33 “Liberty and Government Officials”

Judge-GrayHypothetical sign in a government office in Montana: “No hunting licenses issued: clerk a vegetarian.” Now that is not to compare nutrition beliefs to religious beliefs, but regardless of what a government official’s personal, political or even religious beliefs are, all government officials must follow the law. Of course, that brings us to the clerk in Rowan County, Kentucky, who declined to issue marriage licenses to gay couples because she believed that would violate her conservative Christian beliefs.   But she was rightfully sanctioned by a federal judge when she refused the judicial order to comply with the law. Liberty demands that no government officials be above the law, even if that law happens to do be at odds with their personal beliefs. In fact, when it comes down to it, she was not punished for practicing her religion, she was jailed for using the government to force others to comply with the practices of her religion.

As a judge, I enforced many laws even when I did not agree with them. I didn’t have to do so quietly, but I still followed the law. Why? Because when I assumed that judicial office, I raised my hand and swore to uphold and defend the Constitution and laws of both the United States and the State of California. And if there came a time that I could not do so, I should have resigned. That was also the situation for the Rowan County clerk, and she was rightfully forced to uphold that duty. Liberty demands nothing less.

Judge Jim Gray (Ret.)

2012 Libertarian candidate for Vice

President, along with Governor

Gary Johnson as the candidate for President

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2 Paragraphs 4 Liberty: #32 “States’ Rights to their Land”

judge-jim-gray-1024x686                  You are probably not aware of this, but the federal government owns more than fifty percent of all lands in the Western states. The most egregious example is Nevada, where the federal government owns about 81 percent of all of the land (compared to only one percent of the land in Nebraska). Why should that be? There is no justification in the Constitution for the federal government to own that much land, or no practical reason either.   So instead, the land should revert to the states, which would be free to administer it themselves or, better yet , to auction it off to private interests. Why would private ownership be preferable to public? That can be answered by asking another question: who takes better care of a house, an owner or a renter? Similarly, who takes better care of pasture or grazing land, an owner or someone who leases it? The answer to those questions is obvious. Public ownership yields to bureaucracies and politics, which innately involve cronyism and the less efficient allocation of scarce resources. Private ownership results most often in the most optimal and productive use of the land, which certainly can be recreational or even maintaining it as wildlands.

Just to be clear, we are not talking about national parks, national forests or military reservations. But virtually all of the land administered by the Bureau of Land Management should either be returned to the states, or sold at public auction. Of course, the land could be sold subject to restrictions, where appropriate, against the clear-cutting of forests or strip mining the earth. But not only would this reduce the administrative costs and politics, it would also generate more local control and property taxes for the states. For example, the American Land Council cites statistics that the federal government loses 27 cents for every dollar it spends on administration of these lands, but the states on average generate $14.54 for every dollar they spend. And, innately, this is a question of Liberty. The federal government should neither be our lord, nor our landlord, nor a privileged class in our society. The privileged class should be “We the People.”

Judge Jim Gray (Ret.)

2012 Libertarian candidate for Vice

President, along with Governor

Gary Johnson as the candidate for President

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Thursday, November 26, 2015

2 Paragraphs 4 Liberty: #31 “Liberty and Hate Crimes”

key_grayThis could be misunderstood (and realistically some people will do so intentionally), but all “hate crimes” should be repealed as being counterproductive. Why? Because if a law says that an assault based upon your race, sexual orientation, religion, etc. is a special or distinctive crime, then I – in most cases justifiably – will feel that an assault based upon my race, sexual orientation, religion, etc. should be seen a special or distinctive crime too! In addition, and as a practical matter, where can the line be drawn? An assault upon an Asian or a Buddhist? How about an assault upon an Italian, or someone that is Italian but for some reason looks Asian? Or upon someone who is simply thinking of converting to Buddhism? The problems and complications will never end!

Even though it is undeniably true that our society has done and even institutionally sanctioned some bad things to some people, like slavery, segregation and various other laws of prohibition, simply because of their race, sexual orientation or religion, the better approach in this complicated and multifaceted world is to realize that an assault is a crime. Of course, some are more serious than others. So if the offense is distinctively offensive for reasons based upon race, sexual orientation or religion, etc., or anything else, that can – and should – be explicitly addressed at the sentencing phase of the proceedings. But Liberty dictates that no one person by law should be deemed to be more special or distinctive than any other. And, once again, by following the dictates of Liberty we will not be required to pass so many laws, and we will also avoid a lot of legitimately hurt feelings.

Judge Jim Gray (Ret.)

2012 Libertarian candidate for Vice

President, along with Governor

Gary Johnson as the candidate for President

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Tuesday, November 24, 2015

2 Paragraphs 4 Liberty: #30 “Liberty to Offend”

6a00d83451721569e2017c330a31db970b24 words on Liberty: “If you do not fight for the Liberty of those you disagree with, then you do not know the meaning of the word Liberty.” One of the most heartwrenching moments in our country’s First Amendment history occurred in 1977 when a group from the American Nazi Party sought a permit to stage a parade, complete with Nazi armbands and flags, on the streets of Skokie, Illinois, which had a large Jewish population. And the U.S. Supreme Court, to its everlasting credit, ruled that the American Nazi Party had a Constitutional right of free speech to march and express their (misguided) opinions.

This underscored those 24 words. If we allow the government to prohibit “offensive” speech, even if the majority of us deem those ideas to be misguided, obnoxious and even satanic, what assurances do we have that all minority speech might soon be curtailed? Where can the line be drawn? Thus Liberty allows speech that can be contrary to the values we hold dear. But we must protect and defend the rights of people to state their views, even if we fervently disagree with them, in order to protect our Liberty to do the same. Otherwise the Constitutional right of free speech could be eroded to nothing. (But we can all take solace that just because someone has the right to state their views does not mean that they have a right for others to listen, or even to take them seriously.) So yes, once again, there is a price for Liberty, but it is a price truly worth paying.

Judge Jim Gray (Ret.)

2012 Libertarian candidate for Vice

President, along with Governor

Gary Johnson as the candidate for President

Please forward this on to your circle of friends for their consideration.  And by the way, now I am on Facebook at Facebook at http://ift.tt/1KPuMEA, LinkedIn at http://ift.tt/1cAMtZD, and Twitter with username as @JudgeJimGrayOAI, or twitter.com/JudgeJimGrayOAI.  Please visit these sites, and pass them along to your social world.

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Monday, November 23, 2015

2 Paragraphs 4 Liberty: #29 “The Tragedy of the Commons”

judgejimgray_portrait2Why are private property rights so important in producing a thriving economy? Part of the answer is explained by discussing the theory of the tragedy of the commons. Imagine in the covered wagon days an apple orchard growing wild somewhere along the Oregon Trail. So the first wagon train finds it, and takes all of the ripe apples – more than they really need, but if they don’t take them someone else will. Then the next wagon train comes by, sees the mostly unripe apples on the trees, but takes them anyway, because if they don’t someone else will, and they can always feed them to their oxen. The next wagon train sees there are barely any apples, but they can always use some firewood, so they chop the trees down. Why not, because if they don’t, someone else will. That is the tragedy of the commons: the apples, the trees, the fish in the ocean, the water in the rivers – instead of being husbanded and protected, all will be plundered, “because if we don’t someone else will.”

But with Liberty, in the form of private property rights, the outcome would change. The owner of the apple trees would price them at a competitive rate, so the first wagon train would only purchase what they really needed. Of course, then apples would also be available for the many wagon trains to come. And, since the future apples would be worth more to the owner than selling the trees for firewood, not only would the trees not be chopped down, they would actually be watered, cultivated and fed, because that would bring a better crop for the owner to sell in the future.   In other words, and as anyone with an understanding of economics will tell you, incentives matter! So with incentives for the owners to maximize their profits, as facilitated by private property rights, there will be more good apples for everyone!

Judge Jim Gray (Ret.)

2012 Libertarian candidate for Vice

President, along with Governor

Gary Johnson as the candidate for President

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2 Paragraphs 4 Liberty: #28 “Liberty and Other People’s Money”

gray                  When I was attending USC Law School I happened to be elected to the student council as a graduate representative. In one of our meetings, a representative of the Black Panthers appeared and requested that some student activity funds be donated to their group for their program to provide breakfasts for hungry children. Although I certainly am in favor of feeding hungry children, I objected that this was an improper use of student activity funds. These funds were (involuntarily) taken from all students ostensibly to be used for their benefit, and the monies should be restricted expressly for that purpose. Nevertheless, the request was granted.

That experience has stayed with me, and I remain proud of my objection. Anyone in charge of any monies which belong to or were taken from other people, must keep in mind the reason that money has been entrusted to them. As an example, in the case of Citizens United the U.S. Supreme Court got it wrong. No corporate or labor union money should be used for any political purpose at all, because the money belongs to the shareholders or the union members. The corporations and labor unions are welcome to make recommendations, but the actual donations should be the sole choice of the individuals themselves. It is a matter of Liberty.

Judge Jim Gray (Ret.)

2012 Libertarian candidate for Vice

President, along with Governor

Gary Johnson as the candidate for President

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Thursday, November 12, 2015

2 Paragraphs 4 Liberty: #27 “Liberty vs. Government Do-Gooding”

judgejimpgray                  Common Wisdom: Pass laws to force a good result! That is the cry of many legislators, often pushed on by many of their constituents. So, for example, faced with severe traffic congestion and nasty air pollution in Mexico City, legislation was passed restricting people to drive their cars only on odd or even-numbered days of the month, based upon the odd or even last number on their car’s license plates. This was done to force people either to carpool or take public transportation. And legislation was passed in cities like Santa Monica and San Francisco to control the rent that landlords could charge for apartments, so that “fair rent” would be made available for their tenants.

Results: Many people in Mexico City purchased second cars with license plates that would allow them to drive on the days their first car didn’t. Of course, most of these were older cars that caused additional air pollution. And, yes, some lucky tenants in rent-control cities had their rents frozen at below-market rates. But this program severely reduced the availability of apartments in those cities for many other people. Why? Since apartment owners were restricted to a lower return on their investments, not only did they not build new apartment buildings, they also went to great (and logical) lengths to turn their present apartments into condominiums – or parking lots!

Moral: Government attempts to interfere in the marketplace often result in many unwanted and unintended consequences, like, in these cases, even greater pollution and a lower availability of apartments. But Liberty, here defined as freedom to engage in the free-enterprise system of supply and demand, achieves better outcomes. Specifically in the area of transportation, competition breeds innovative ideas that result in things like Uber, electric cars and rental bicycles, all of which reduce congestion and improve air quality. Similarly, fewer needless regulations in constructing apartment buildings will reduce their cost and, thus, increase the availability of lower-cost apartments which, through competition, will reduce the rents that can be charged. In other words, once again, Liberty works!

Judge Jim Gray (Ret.)

2012 Libertarian candidate for Vice

President, along with Governor

Gary Johnson as the candidate for President

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Wednesday, November 11, 2015

2 Paragraphs 4 Liberty: #25 “Liberty & Zero Tolerance”

Mark Boster x65652 –– – 073844.ME.1119.senator.MB––(Santa Ana)–Orange County Superior Court Judge Jim Gray announced his candidacy for the US Senate Wednesday November 19, 2003 in one of the courtrooms of the Old Orange County Courthouse in Santa Ana. Judge Gray is running as a Libertarian for the senate seat currently held by Barbara Boxer on a platform that includes his beliefs that the current drug war is a failure and that certain drugs should be legalized. November 19, 2003.

Upon any reasonable analysis, so-called Zero Tolerance laws and regulations, which I define as automatic outcomes for particular offenses or transgressions, make zero sense. Instead they are used as an excuse for people to exercise their authority without thinking or being called upon to justify the reasons for it. So not only do these Zero Tolerance results frequently result in a direct deprivation of Liberty, they are also a source of much wrongful mentoring to our children and harm to us all. Thus if some elementary school children take a knife to school to slice open an apple during a healthful eating demonstration, or set up a lemonade stand in their neighborhoods without first obtaining a permit, or take a pen to school that has some liquid and an inert marijuana seed inside, they are all punished. Why? Because the school principal or city council members, etc. “have no choice” but to enforce the laws and suspend the students or close down the lemonade stands, “because that is what the laws require.”

Of course, many times those arbitrary decisions are reversed when a parent shows up with a lawyer to challenge them. So that not only results in our children learning to hate authority because it is arbitrary, but it also teaches them that only the wealthy who can afford attorneys can receive fair treatment. Of course, these zero tolerance laws also affect adults in instances involving things like medical marijuana, mandatory minimum sentencing, and when they attempt to make jokes while going through TSA screening at airports – with the same arbitrary results. So people who care about justice and fair play should lose no opportunity in trying to repeal all zero tolerance laws and regulations. Liberty demands it!

Judge Jim Gray (Ret.)

2012 Libertarian candidate for Vice

President, along with Governor

Gary Johnson as the candidate for President

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2 Paragraphs 4 Liberty: #24 “Liberty & Prisons”

James-P.-Gray                  I hope you are familiar with the troubling statistic that the United States has only 5 percent of the world’s population, but 25 percent of its prisoners. There is no question that a society needs jails and prisons, and while I was on the bench I sentenced defendants to both. But it was never easy, nor should it have been. In my view, prison mostly should be reserved for people who are a continuing danger to the rest of us. Unfortunately, for whatever reason, some people see us as their rightful prey, and have little compunction about using force to get what they want. So they simply must be removed from society. In addition, I am a believer in the benefits of short periods of jail for non-violent offenders. In that regard, my father, who was a highly-respected federal judge, told the story that after he sentenced a Beverly Hills doctor to jail for 90 days for an income tax fraud, the IRS agent later told him that he would be amazed at the number of amended tax returns the IRS had received from Beverly Hills doctors. So sentences of this kind really can be a deterrent to criminal conduct, which is a good thing.

But for decades our country has been mindlessly incarcerating vast numbers of people without any benefit to anyone except the prison guard’s unions. And in the meantime, this comes with an extraordinary cost both in human as well as financial terms. Removing people from society for long periods of time not only deprives them of their liberty, it also strongly tends to dehumanize and institutionalize them and make them cynical. Furthermore, it often renders them unemployable, thus making them excellent candidates to become repeat offenders. In addition, when we incarcerate a breadwinner, it often not only puts their families onto welfare, it also deprives their children of parental guidance, which likely will result in the children repeating their parent’s mistakes. And, of course, it is enormously expensive for the taxpayer. So I hope you agree that before we deprive people of their liberty through incarceration, we should be certain that it is necessary, and is being done for the right reasons.

Judge Jim Gray (Ret.)

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Tuesday, November 3, 2015

2 Paragraphs 4 Liberty: #23 “Reflections of the Fourth of July”

280x157-z71Every Fourth of July we appropriately waive flags, eat barbecue, see fireworks and otherwise have a good time with our friends and family. But the signers of our Declaration of Independence which we now celebrate placed everything they had on the line, including their property and even their lives. Why? Because they sought their Rights and Liberties as Englishmen, and those rights were that important.

Now we are giving those rights away to our government with barely a fuss, and our Founding Fathers would literally damn us for doing so. Like sheep we have in many ways been giving up our economic and religious rights, as well as our rights to be free from government search and seizure of our property and our persons based in large part on the so-called War on Drugs and War on Terror. People who have come to live in America from countries like Russia, Romania, Iran and China so that they could escape those governments’ intrusions into their liberties are horrified to see that our government is now going in the same direction as their former governments! So all of us should care and be more aware and active. It is so easy to give up our liberties to the government, and so truly difficult ever to get them back. Ask our Founding Fathers!

Judge Jim Gray (Ret.)

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Sunday, November 1, 2015

2 Paragraphs 4 Liberty: #22 “What’s in a Word?”

0 (4)The proud theme of this column has been Liberty.  In choosing this theme, I took the risk of sounding like a political nerd, because I know that some people will react to it that way.  Had I chosen “Freedom” as the theme, there would have been less of a risk.  So what’s in a word, and why take the risk?  Because Liberty is the theme that our Founding Fathers and Mothers stressed for our country.  Not only did they not shy away from it, they lost no opportunity to accent it.  Thus it is prominently stated in our Declaration of Independence: “Life, Liberty and the Pursuit of Happiness,” the Preamble to our Constitution: “Secure the blessings of Liberty to ourselves and our Posterity,” and later even our Pledge of Allegiance: “With Liberty and Justice for All.”  And what is the definition of Liberty?  People like Thomas Jefferson defined it as being able to live your life as you choose, as long as doing so does not wrongly affect the ability of other people to do the same.

So in the last 21 editions of this column, we have discussed how Liberty works in many different areas: in education, immigration, our tax system, healthcare, marriage equality, and allowing honest competition in the marketplace and world trade instead of employing crony capitalism and protectionism.  Thus we have seen that Liberty is not just a philosophy or an approach, we have seen that Liberty is practical – and it works!  It was Henry Ford, who is not my favorite American socially, but who, from a practical standpoint, said it best: “Anyone who thinks they can prosper by relying upon the Government should talk with the American Indian.”  So join with us Libertarians and stress and be a constant advocate for Liberty.  And don’t shy away from using that word.  We don’t have all of the answers in this complicated world.  But we certainly have one of them.

Judge Jim Gray (Ret.)

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Friday, October 30, 2015

2 Paragraphs 4 Liberty: #21 “Liberty and Media Responsibility”

hqdefault                  This past month has witnessed yet two more senseless and horrific shootings, this time in Charleston, South Carolina. As a result, we have seen the alleged killer’s name and picture featured prominently in newspapers and the electronic media – thus glorifying his deeds and, in many ways, encouraging other demented people to follow his lead so they too can achieve this notoriety. But by doing this, the media is being irresponsible! I hope that after receiving the prior 20 editions of this “2 Paragraphs 4 Liberty” you understand that censoring the ability of the media to publish and broadcast in this fashion would be a violation of Liberty. But Libertarian Liberty also entails being responsible. So we must all take it upon ourselves openly to chastise and criticize this irresponsible journalism.

Many years ago several newspapers irresponsibly published a picture of then President Jimmy Carter as he put on a bulletproof vest. Of course, that simply sent a message to would-be assassins that they should shoot him in the head. Similarly, glorifying any of these past or present misguided people (I refuse to use their names), and making them into household words, directly encourages others to follow their lead. We all should do our part to stop this practice. Instead, journalists should simply label them as the shooter, or the demented killer, and leave their names and photographs out. That is what responsibility, and Liberty, demand! Help us make it so.

Judge Jim Gray (Ret.)

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Thursday, October 22, 2015

2 Paragraphs 4 Liberty: #20 “Eschew Mediocrity, Pursue Excellence”

7357379_origInstead of our normal 2 Paragraphs, this week I am forwarding to you a copy of a column I published on Thursday, June 4, 2015 in Costa Mesa’s Daily Pilot.  Hope you like it, and if you do, please forward to your e world.

JJG

There is a great musical by Steven Sondheim entitled “Into the Woods.”  If you haven’t seen it, I hope you do soon.  This wonderful work combines several fairy stories like “Little Red Riding Hood,” “Jack in the Beanstalk,” and “Cinderella,” and sets them up so that the characters have to go into the woods to resolve their problems so that they can “live happily ever after.”  And that is what happens in the first act.  But in the second act, the theme becomes “be careful what you wish for,” because unanticipated things can go wrong.  For example, in the best line of the play, when Cinderella confronts Prince Charming for being unfaithful to her, he responds “I was raised to be charming, not sincere.”

But one of the last songs in the show is “Children Will Listen,” and there is a universal lesson in it.  So the old “Do as I say, not as I do” is shown not to work, because children will listen and children will be guided by what you actually do.  In other words, as parents, attorneys, judges or anyone else, integrity is our strongest asset.  That means that if we cheat on our income taxes, accept being paid too much change at the market checkout counter, or tell falsehoods to our friends about social obligations, it is likely that this is the way our children will learn to behave.

The great UCLA basketball coach John Wooden said that character is how we act when no one else is watching.  Of course, we ourselves will know, and probably so will our children as well.  So how can we make ourselves and our world better?  We can do our human best to act with integrity.  In addition, we should eschew mediocrity, and instead always pursue excellence in ourselves, as well as in our children, students, colleagues and employees.

And it also means that each one of us should strive as often as reasonably possible to “make the system work.”  For example, if we see a government official or anyone else wrongly treating people who cannot speak up for themselves, we should do it for them.  Why?  Because when it comes down to it, in a democracy, it is our government and our way of life, and if it isn’t working we have no one to blame but ourselves.

But let me also make two further recommendations before you go out to change the world.  The first is to be selective in the battles you choose to wage.  For example, if you go around the table with great fanfare at a friend’s dinner party and move the desert fork from the right side to the left so that it comports with the dictates of Emily Post, you will probably find that you are not invited back to dinner parties very often.  And second, be governed by the motto of Davey Crockett that was set forth in Walt Disney’s 1950s fantasized story about his life, which supposedly was “Be sure you’re right, then go ahead.”

Back in 1992 when I took a public stand against our nation’s failed and hopeless policy of Drug Prohibition, I was sure I was right, so I went forward.   But before you have your “Braveheart” moment, whether it be in favor of the ability of parents to choose where and how the government money is to be spent for the education of their children, or whether our healthcare system should be run by us or by the equivalent of the local department of motor vehicles, or whether actively to support programs of performing arts in your children’s school, I recommend you keep those two recommendations in mind.

Each one of us has it within ourselves, in our own way, to be a leader by eschewing mediocrity and pursuing excellence, and by making the system to work.  And – each time – it matters!  Why?  Because children will listen; children will see; and children will be inspired.  And so will most other people throughout our communities – and our nation.

James P. Gray is a retired judge of the Orange County Superior Court, a private mediator and arbitrator with ADR Services, Inc., the author of “Wearing the Robe: the Art and Responsibilities of Judging in Today’s Courts” (Square One Press, 2009), and the 2012 Libertarian candidate for Vice President, along with Governor Gary Johnson as the candidate for President.

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