Category Archives: regulation

“America Has Too Many Rules”

Posted on by
Reply

And too many laws. Jimmy Sexton, CEO of Esquire Group, is right about the rules.

More than 88,000 federal regulations were promulgated between 1995 and 2016, the most recent data I can find. The Federal Register, a compendium of each year’s new federal regulations, proposed rules and notices, totals nearly two million pages dating back to its inception in 1936. And the Code of Federal Regulations ran to 185,000 pages in 2020. In addition, state and local governments have their own laws and rules.

As he noted,

Laws should be easy to comply with and simple to enforce.

The easy compliance and enforcement isn’t only a matter of each one being short and sweet; the ease flows especially from keeping the overall number small and knowable in their aggregate.

And I’m right about too many laws, especially at the Federal level. Just on the criminal side alone, there are almost 5,200 criminal laws and roughly 300,000 regulations that can subject people to possible criminal penalties. among our statutes, even though the only crimes our Constitution actually names are treason and bribery—and the nebulous high Crimes and Misdemeanors, named in the context of impeaching the President, Vice President and all civil Officers of the United States. Even the first enumeration of national-level crimes, the Crimes Act of 1790, passed in the 1st Congress, identified only 21 additional crimes wanting Federal-level enforcement and punishment:

  1. treason
  2. misprision of treason (deliberate concealment)
  3. willful murder occurring on federal property
  4. rescue/attempted rescue of a body following an execution
  5. misprision of felony
  6. “man-slaughter”
  7. piracy
  8. “accessory before the fact”
  9. “accessory after the fact”
  10. confederate to piracy
  11. maiming
  12. forgery/counterfeiting/falsifying federal securities or coin
  13. altering/corruption of federal records
  14. larceny
  15. receiving stolen goods
  16. perjury
  17. subornation of perjury (contracting with another to commit perjury)
  18. bribery
  19. obstruction a federal officer
  20. rescue of an inmate
  21. violation of safe conduct/passport.

The rest of criminal behaviors and their definitions are, by design, left to the police powers of each of the several States.

The only Federal criminal laws we need, then, are few: against treason and bribery, and against each of those additional 21, each of which needs to be particularly describing these crimes’ defining criteria, and especially for those 21, particularly describing the criteria that separate them from State crimes and make them Federal crimes.

And yet we have an enormous and bureaucratic Department of Justice and a broad range of Federal police forces: the FBI, the Marshals Service, the Secret Service, each Federal cabinet has its own police force, even the Congress has the Capital Police.

“I Don’t Understand”

Posted on by
1

Andy Kessler’s op-ed in Sunday’s Wall Street Journal centers on New York State Rifle & Pistol Association v Bruen, Kessler’s putzing around with a variety of firearms at a Nevada firing range, and his assessment of the effect of Supreme Court’s ruling in favor of an individual’s right to keep and bear any of a variety of Arms on the national firearm debate.

The importance of that debate is summarized in Kessler’s statement about having an AR-15, but which he implied was about a much broader matter:

…I still don’t understand why you would want to own one.

It doesn’t matter a whit that Kessler doesn’t understand. He’s only a journalist, though, and his level of understanding also is not all that important.

Far more importantly, is the fact that it’s the individual’s right to keep and bear; us American citizens, individually or as groups, do not require a government permission slip to do so, and that makes a government man’s level of understanding of the matter irrelevant, except to the extent that man attempts to act on his level and therewith move to restrict our individual right.

The 2nd Amendment of our Constitution, along with recent Supreme Court acknowledgments, make all of this crystalline, and they make the government man’s move to act on his level of understanding unconstitutional.

More Government Intrusion

Posted on by
Reply

Congresswoman Rashida Tlaib (D, MI) has proposed a new law that would require firearm sellers to

have a compatible gun lock available for every firearm for sale [and it] shall be unlawful for any person to offer a firearm for sale unless the person offers for sale a secure gun storage or safety device that is compatible with the firearm [and a] penalty of not more than $1,000.

This is the Progressive-Democrat politician seeking to dictate what us average Americans must have in our homes and to dictate to our private businesses what they must sell. That latter, especially, is textbook fascism: “private” enterprises may [sic] produce and sell what they wish so long as that production and sale are compatible with government diktats regarding what production and sale are permissible.

Never mind that, per the NRA (that Left-hated 2nd Amendment organization),

Firearm manufacturers already provide a lock with every gun that is sold, and anyone looking for additional gun locks can get them free through Project Childsafe, an industry program that provides free gun locks to anyone who wants one.

The NRA is being generous, though, to suggest that Rep. Tlaib isn’t educated on this topic. No, she’s a highly talented and intelligent politician, well-educated, and a member of the Elite Left. She knows full well what the firearm manufacturers do, and she’s fully conversant with Project Childsafe.

This is just another Government power grab by the Progressive-Democratic Party, as those personages keep trying to chip away at the individual liberties and duties of us average Americans.

We need to keep this sort of thing in mind through the next 17, or so, months. And beyond.

Project Childsafe can be seen here.

IRS Misbehavior

Posted on by
Reply

The IRS wants to be the one to figure the taxes owed by us average Americans, and the IRS wants to do the figuring based on the data the IRS claims to have collected on each of us average Americans.

The Inflation Reduction Act, that travesty that too many Republicans actually voted for and that is a source of the present inflationary environment (among a number of economic problems inflicted by the IRA), authorized the IRS to explore the concept of a mechanism that would have the IRS figure our taxes for us.

Specifically, the legislation required a study by an independent third party examining the idea’s feasibility, as well as a report by the IRS for Congress assessing the study, the cost of such a system, and taxpayer opinions based on surveys.

In no way did the IRA authorize the IRS to go ahead and build such a facility. IRS Commissioner Daniel Werfel assured the Senate Finance Committee and the House Ways and Means Committee that the IRS that he runs, in fact, was not building such a facility.

No decision has been made on moving forward with direct file solution[.]

And

I don’t know yet whether the direct file solution is the right additional menu item to put in place so that taxpayers that prefer to engage that way can do it. What I’d like to do is have the report issued. And then engage in a conversation with the right set of stakeholders and then figure out what the go-forward is.

Aside: No one on the House committee—to whom that last quote was directed—asked Werfel who he thought were the right stakeholders.

It turns out, though, that the IRS has gone ahead and developed precisely that “We’ll Figure Your Taxes For You; Don’t You Worry Your Little Heads About It” facility.

[T]he IRS had been quietly building an actual prototype of direct file before submitting the report to Congress, as The Washington Post first reported in May. The IRS announced its final report one day after the Post‘s revelation. The IRS system will reportedly be available through a pilot program for a small group of taxpayers by January, when the 2024 filing season begins.

The IRS offered this in response to queries:

[T]he IRS told Fox News Digital that the prototype was built only to help with survey data to gauge the opinions of taxpayers on a direct file system.

Sure. Maybe folks might be interested in some beachfront property north of Santa Fe, too.

Senate Finance Committee Ranking Member Mike Crapo (R, ID) had this:

This suggests a pre-determined outcome and flies in the face of previous commitments Commissioner Werfel made to publicly consult Congress on a potential free-file solution, and for the IRS to not act without explicit legal authority[.]

What he said. Congress needs to drastically reduce IRS funding to little more than its payroll needs (which do not include the $80 billion (only somewhat reduced by the debt limit deal) appropriated for all those extraneous new IRS “auditor” hires). Since the IRS—with Werfel’s acquiescence, if not active permission—is going to misuse the funds it’s allocated, those funds need to be cut off.

Also: Did Werfel lie to Congress when he said no such a thing was in progress? Or was he merely incompetently oblivious to what was going on in his IRS?

Libraries, Book Banning, and Funding

Posted on by
Reply

Illinois’ Progressive-Democrat politicians, including the State’s Governor, JB Pritzker, have produced a law that will withhold State funds—Illinois citizens’ tax monies already remitted—from libraries that “ban books.”

The only books being banned, though, are books on the subjects of LGBTQ+, the gay culture, and transgenderism, including books nominally on these subjects that contain graphic sexual images, that are inappropriate for young children—and they’re not even being banned, just withheld from children too young to read them or to be exposed to pornographic imagery.

Illinois Secretary of State Alexi Giannoulias actually insists with a straight face that the threat to withhold State funds from libraries that move to withhold access by children to these sexualizing books is not really a matter of State centralization of librarians’ decisions.

Local librarians [he says] “have the educational and professional experience to determine what’s in circulation. Let them decide.”

Sure. They can decide as long as their decisions are approved by the State.

This is an example of the price organizations pay when they accept government funding. The strings attached are more akin to chains.

These libraries need to adjust their budgets and funding sources to eliminate the need for Illinois government-allocated dollars and go right ahead withholding from children, on age-based criteria, sexualizing, transgenderizing books.