Category Archives: regulation

“Common Sense”

Posted on by
Reply

The Progressive-Democratic Party is attempting to use its Newspeak Dictionary to redefine “Nonsense” as “Common sense.” The latest example of this is President Joe Biden’s (D) latest call for “common sense” gun reforms. He made his latest demand in response to a series of murders with guns in Mississippi. In that series, the murderer used a shotgun and two handguns to murder six people across three locations in his single rampage. Biden’s demand:

That includes requiring background checks on all gun sales, banning assault weapons and high-capacity magazines, fully closing the boyfriend loophole to keep guns out of the hands of domestic abusers, requiring safe storage of guns, and eliminating immunity for gun manufacturers who knowingly put weapons of war on our streets.

Because any of that, like banning mythical devices—assault weapons and weapons of war on our streets—would have kept shotguns or handguns away from this murderer, or any other. And surely “high capacity magazines,” of whatever definition that becomes convenient from time to time to an overreaching government, would have kept shotguns and handguns away from criminals.

Holding gun manufacturers liable for the abuses of their products by criminals will only limit the availability of firearms to us honest ­average Americans. Oh, wait: that’s the goal of Party. Party members know full well that laws are ignored by criminals; that’s at the core of what makes them criminals.

Nonsense is common sense to Party. And Party expects us meekly to accept that. Or else.

Caveat Emptor

Posted on by
2

In a Wall Street Journal editorial centered on the rule-making moves by the Biden administration’s Consumer Financial Protection Bureau and Federal Trade Commission to cap or to outright ban so-called junk fees, there’s this tidbit offered in all seriousness by the FTC’s Lina Khan (the WSJ didn’t directly attribute this to her, but she’s the FTC’s Chair, so the tidbit wasn’t offered without her prior permission):

Consumers who select and travel to dealerships based on an advertised offer, only to learn late in the process (if at all) that the advertised offer does not apply, have often spent hours trying to purchase a car[.]

This, of course, is nonsense. Every car maker in the US, from “ordinary” car makers and dealers to luxury car makers and dealers, offer on their Web sites options to “build your car” for every model on offer, and the build options present every option available to the model along with the effect of option’s inclusion or removal on the car’s final price. Consumers who select and travel to dealerships, even if the selection is originally based on an advertised offer, will have already built their going-in preferred model and have their eyes wide-open to counteroffers and to other options offered or no longer available—together with their costs and savings identified during those discussions.

These proposed rules are nothing more than Government attempting to dictate to businesses how they must operate and to us average Americans what we will be permitted to buy. And that’s not just the exampled car-buying, it’s how this government wants to control how we do our banking, our investing, how we and our businesses in general operate in an economy.

Maybe it’s not caveat emptor. Maybe it’s cave imperium that we should operate under.

Lies of a Progressive-Democrat President

Posted on by
Reply

President Joe Biden (D) has long claimed that his tax-raising plan and his IRS would not target anyone making less than $400,000 per year. He repeated that claim in his State of the Union speech last Tuesday.

Under my plan, nobody earning less than $400,000 a year will pay an additional penny in taxes.

Never mind. His IRS’ latest proposed rule:

The proposed SITCA [Service Industry Tip Compliance Agreement] program is designed to take advantage of advancements in point-of-sale, time and attendance systems, and electronic payment settlement methods to improve tip reporting compliance.

Not even that vaunted and highly successful barkeep, Alexandria Ocasio-Cortez, pulled down 400 stacks in a year when she was working saloons in New York City.

The IRS claims the program is “voluntary,” but watch what happens to the hapless waitress or waiter, or any other low-wage person for whom tips are a significant fraction of his income, who doesn’t report his tips in a manner that suits the revenooers.

Biden has lied again.

Separately, I’ll no longer include my tip on the charge card receipt that’s increasingly often offered to patrons as a “convenient” way to tip wait staff on their presentment of my bill. Instead, I’ll return to an earlier practice of leaving my tip on the table as cash. The busboy is more trustworthy than this President and his IRS. That’s an appallingly low bar for the busboy, but I do not mean the comparison as faint praise for him. Far from it. I may go a step farther, and pay the whole bill with cash.

Consensus

Posted on by
Reply

US District Judge William Shubb blocked California’s Progressive-Democratic Party-dominated State house and Governor’s mansion law that sought to punish doctors accused of promulgating Covid “misinformation.” By “misinformation, those worthies meant anything that didn’t comport with California’s “medical consensus.” The block is, on the whole, good, but Shubb unfotunately centered his ruling on the difficulty in correctly defining “consensus” in this or that endeavor, or in correctly identifying the sources qualified to define the relevant consensus.

That’s merely a subset of the larger problem with consensus, though.

That larger problem is the idea that any consensus should govern. Consensus isn’t science, which changes over time and among…scientists…it’s only the majority vote of what that majority thinks—rightly or wrongly—is correct today. Adhering to even a correctly identified consensus inhibits, if it doesn’t prevent altogether, innovation and science evolution.

“Historical Tradition”

Posted on by
Reply

US District Court Judge Renee Marie Bumb extended her injunction against New Jersey’s Progressive-Democrat Governor Phil Murphy-led law attempting to block New Jersey citizens from carrying firearms virtually anywhere within the State. Her extension blocks

restriction[s] on permitted gun owners from carrying concealed weapons in public parks, on beaches, and in casinos.

Her prior injunction already blocks enforcement of those parts of the law that banned

guns from being carried in “sensitive locations,” including public libraries; museums; entertainment venues like stadiums, arenas, and amusement parks; bars; restaurants where alcohol is served; public parks; beaches; playgrounds; and airports and public transportation hubs.

That’s all to the good. However, I disagree with the rationale for her lately extension of her injunction.

“Bumb cited [New York State Rifle & Pistol Association, Inc. v] Bruen and said that New Jersey had failed to supply sufficient evidence that some of the “sensitive places” where firearms are banned are rooted in “a historical tradition of firearm regulation,” which is the legal standard established by the Supreme Court.

I think the Supreme Court is wrong on this. Historical tradition as a legal standard gives already extant tradition the force of law instead of leaving it an informed input into court understandings of what the actual law is and means. Further, using historical tradition as the standard prevents the establishment of new traditions as informed input into court understandings of what the actual law is and means.

Keep it simple: …the right of the people to keep and bear Arms, shall not be infringed.

From Johnson’s Dictionary, 10th ed, pub 1792, Infringe: 1: To violate; to break laws or contracts.

From The American Heritage Dictionary, current: Infringe: 1. To transgress or exceed the limits of; violate

Nothing material has changed in the meaning of the term. There’s no need to read anything else into it.