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

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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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Wednesday, October 21, 2015

2 Paragraphs 4 Liberty: #19 “Liberty vs. the Drug War”

images                  By now you have probably heard numerous arguments in favor of or against our nation’s policy of Drug Prohibition, and you also probably know that I have called this approach the biggest failed policy in our nation’s history, second only to slavery. But putting aside the practical failures, the policy of Drug Prohibition also results in a huge deprivation of Liberty. Why? Because the government has as much of a right to dictate to adults what they can put into their bodies, as it does what they put into their minds. When it comes down to it, it is the same thing, and Liberty dictates that this should be a choice adults should be able to make.

Thus it makes as much sense to put that gifted actor Robert Downey, Jr. in jail for his past heroin usage as it would have Betty Ford in jail for her use of alcohol. It is none of the government’s business, although it certainly could be an issue for those people’s healthcare professionals. However, if Robert Downey, Jr., Betty Ford or you or I drive a motor vehicle while impaired by any of these mind-altering and sometimes addicting drugs (including alchol), that is and should be a crime. What is the difference? Now by our actions we would be putting the safety of other people at risk. And the Criminal Justice System is not only designed for, it is also good at holding people accountable for their actions. So, once again, Liberty not only is effective in principle, it is also effective in a practical way as well.

(Next week: Make the System Work)

Judge Jim Gray (Ret.)

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Tuesday, October 13, 2015

2 Paragraphs 4 Liberty: #18 “Liberty and Healthcare”

Judge1When I was growing up in the 1950s and middle 60s, it was not even a topic of conversation that people could not get quality healthcare for reasonable and competitive prices. And we had all of the Emergency Rooms we needed. But that is obviously not true today. Why? Because in the middle 1960s the government began its significant intrusions into the healthcare area, and with every increase, the system has demonstrably gotten worse. If you want your healthcare to be overseen by the equivalence of your local department of motor vehicles,that is where we are going.

But today there are two areas in which all of us can still obtain quality healthcare for reasonable and competitive prices. Where? Lasik eye surgery and cosmetic surgery. Why? Because they are not controlled by the government. We all have seen the advertisements: “Come to Dr. Jones. I have done this surgery 10,000 times, and I will give you great results along with an attractive payment plan.” So once again, Liberty for both the consumer and the provider to be able to make their choices independent of government dictates brings the best results. Thus people who can take care of their own healthcare needs should be empowered to have medical savings accounts, which they can use both to pay for their normal healthcare needs, as well as their purchase of catastrophic medical insurance. And those who need some help can be provided with an insurance voucher which they can use on the private market to purchase their own healthcare insurance. Getting the government out of our healthcare and bringing back Liberty of choice will bring back excellence to our healthcare system.

(Next week: Liberty vs. the Drug War)

Judge Jim Gray (Ret.)

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Sunday, October 11, 2015

2 Paragraphs 4 Liberty: #17 “Is This A Failure of Liberty?”

0                  Have you noticed? Many of our colleges and even high schools are getting away from the teaching of marketable skills, and instead are focusing upon studies like multiculturalism, social justice and other debatable subjects. Unfortunately, these classes actually train our students to be able to do virtually nothing. (And then we wonder why many of them are not able to get jobs.)   Of course, these classes would not be offered unless the students were “buying” them. So is this a failure of Liberty, because the free choice of the students is leading them into unemployment and frustration? No, the concept of Liberty includes being responsible for our choices. So if people choose poorly that is their responsibility, and they must live with the consequences.

If you think about it, there really can be no other way. As an example, some laboratory studies train rats by providing a pellet of food to them each time they turn on a light switch. This works fine for the rats, but only as long as they stay in the lab. Similarly, rewarding students for getting good grades in dead end courses of study in college “labs” is also fine – until the students get out of school. But the real world is not like that. So the fault is with the students (and their mentors!) for not realizing they are making poor choices at the time they are making them. Liberty isn’t heartless, it simply encourages us to face reality.

(Next week: Liberty and Healthcare)

Judge Jim Gray (Ret.)

BTW This particular column was inspired by David Mamet’s The Secret Knowledge: On the Dismantling of American Culture (Sentinel, 2011), which was given to me by two of my great friends. (Thank you!) And I strongly recommend the book to all of you!

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Wednesday, October 7, 2015

2 Paragraphs 4 Liberty: #16 “The Common Thread: Liberty”

JudgeJimGray_W141THE COMMON THREAD: LIBERTY

The one common thread throughout our history that has been the link to progress and prosperity is Liberty.  Not only is Liberty the soul of our country, it has been largely responsible for most of our commercial, social and artistic successes.  And in large part Liberty is the answer to most problems that are still facing us today.  For example, please reflect upon the following.

Education: In places where parents have had the Liberty to choose where and how the government’s money would be spent in educating their children, they have demanded – and received – excellence!  How was this done?  They were able, in places like Milwaukee, to choose their children’s schools on the open market, and this promoted competition among all schools, whether they were public, private, military, vocational or religious schools.  And that competition resulted in excellence in education.

Healthcare:  In the 1950s and 60s, before government intruded heavily into the system, we had the best healthcare system in the world.  Back then it was not even a topic of conversation that people could not find good quality healthcare for reasonable and competitive prices – and we had all of the emergency rooms we needed.  But ever since 1965, when the government began its major intrusions, the healthcare system has transparently become worse.  So how do we get our prior excellence back?  A combination of medical savings accounts, for those who can take care of their own healthcare needs, and coupons that can be used to purchase medical insurance of their choice on the open market, for those who need some help.  This still provides an important safety net, but also gets the government out of decisions about availability of healthcare services and prices.  For example, today there are still two areas in which customer/patients can receive good quality medical services for reasonable and competitive prices.  What are they?  Lasik eye surgery and cosmetic surgery.  Why?  Because the government is not involved.  We can reclaim the same for the rest of our medical system, if we again bring back Liberty and competition.

Free Trade:  Our Founding Fathers showed great insight in prohibiting states from establishing trade barriers among themselves.  Can you imagine how prosperity would have been limited had this not been the case?  The same principle applies to trade among countries.  If there were Liberty in trade, each country could emphasize those areas in which it excels.  This would both bring more prosperity to each country, and also provide more goods and services to customers around the world at lower prices. Thomas Jefferson once said “I think all the world would gain by setting commerce at perfect Liberty.”  He was right.

Housing: Wherever you find rent controls, you will also find a scarcity of housing.  Why?  Because investors want a good return on their money.  And if the financial return in owning apartment buildings is artificially restricted, they not only will not invest in new apartment buildings, they will do everything reasonably possible to turn their existing apartment buildings into condominiums or even parking lots, thereby increasing the return on their investments.  So this will logically reduce the supply of housing.  But by taking away these restrictions and allowing Liberty, the supply of housing will be increased and, thus, the costs of housing will be reduced.

Drug Prohibition:  Today marijuana is the largest cash crop in California.  (The second is grapes, if you care.)  Actually, this should not be a concern, because if adults decide to use marijuana instead of another mind-altering and sometimes addicting substance, like alcohol, that should be their choice.  Thus it makes as much sense to put that gifted actor Robert Downey Jr. in jail for his heroin problem as it would have Betty Ford for her alcohol problem.  It is the same thing: it is a medical problem. But if any one of us drives a motor vehicle under the influence of any of these substances, that is – and should be – a criminal violation.  What is the difference?  Because now we are putting other people’s safety at risk.  But Liberty rightfully says that the government has no more right to dictate what adults put into their bodies than it does what they put into their minds.  So if we were to regulate and control these drugs, we will support Liberty.  And along the way, we will take unimaginable amounts of money away from drug cartels, juvenile street gangs, and other thugs, and instead use it to pay our firefighters and teachers, and fix our roads.  So once again, Liberty works!

Free Competition: Crony capitalism, or government treating one business differently than its competitors mostly through subsidies or tax breaks, is the opposite of Liberty.  But it is pervasive in our country today.  Government choosing to insure some loans but not others, bail out some financial institutions but not others, grant subsidies for planting or not planting some crops but not others, or dictating which products must be used to manufacture ethanol are just some of the examples of today’s politics in action.  So not only does this handicap the competitors of the favored businesses, it also tends to make those favored businesses more lazy, because they can win without competing as strongly.  But where government favoritism has not reared its head, like in the developing and manufacturing of cell phones, computers and ipads, quality has gone up and prices have come down.  And Liberty is the reason.

Taxation:  Imagine being able to have the Liberty to make business and personal decisions for business and personal reasons, instead of for tax reasons!  But the tax code is a leading area in which politics has favored the politically powerful, at the expense of the less so.  Implementing a more simplified, understandable and uniform system would go a long way to bringing back Liberty and prosperity for all.

So these are some of many examples of the common thread of Liberty being involved in stories of success, and there are many more.  But Liberty is far from a situation of “anything goes,” because genuine liberty also requires responsibility.  Thus the legal system has a big part to play in protecting ourselves from each other, and in enforcing rules for safety on our streets and highways, in the workplace, and in our lives in general, as well as enforcing voluntary contracts and warranties.  And by and large this entire system is working.  So we should not only support it, we should be proud of it!

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 “A Voter’s Handbook: Effective Solutions to America’s Problems” (The Forum Press, 2010) and the 2012 Libertarian candidate for Vice President, along with Governor Gary Johnson as 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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