Too Much Privacy?

That’s actually a serious question.

The firestorm over Facebook Inc’s handling of personal data raises a question for those pondering a regulatory response: is there such a thing as too much privacy?

And

Law-enforcement agencies rely on access to user data as an important tool for tracking criminals or preventing terrorist attacks. As such, they have long argued additional regulation may be harmful to national security.

Unfortunately, no government can be trusted with citizens’ privacy, as the Star Chamber secret FISA court, the FBI leadership (and not just the current or immediately prior crowd—recall J Edgar Hoover), prior DoJ leadership, the Robert Mueller “investigation,” and much more demonstrate.

If our government wants to learn things, it needs to get back into the HUMINT business rather than relying so much on hacking IT systems.  And get an honest warrant, not just a FISA one.

Counting US Citizens is Illegal

That’s what California’s Attorney General, Xavier Bacerra (D), says.  The Commerce Department has said the 2020 census form will include a question asking whether the respondent is an American citizen, and Bacerra doesn’t like it.  In the op-ed he co-wrote with California’s Secretary of State Alex Padilla (D) for the San Francisco Chronicle, he wrote

Including a citizenship question on the 2020 census is not just a bad idea—it is illegal[]

and he repeated that claim in one of his tweets.

Never mind that there’s plenty of precedent: the Census Bureau asked this question during its decennial census-takings every time from 1820 through 1950, and every year through today on its annual census sampling.

The two politicians claim further that

California, with its large immigrant communities, would be disproportionately harmed by depressed participation in the 2020 census.  An undercount would threaten at least one of California’s seats in the House of Representatives (and, by extension, an elector in the electoral college).

The second part of that claim is true—undercounting the eligible folks would reduce legitimate representation.  The first part of that claim is patently false.  Here’s what the 14th Amendment says on the matter [the 19th Amendment broadened the franchise to include women]:

…when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced….

Citizens of the United States (who also are citizens of California, as the 14th Amendment also makes clear) and legally resident non-citizen immigrants have no fear of answering the Census’ question.  The only folks who might be hesitant are the illegal aliens.  Since they’re not citizens, and so not eligible to vote, their “undercounting” can have no effect on California’s apportionment of seats in the House of Representatives or in the Electoral College.  Bacerra, especially, as the highly educated, trained, and talented lawyer that he is, knows this full well.

It’s plain that these Progressive-Democrats, in the expectation that illegal immigrants would vote Progressive-Democrat, want the illegals to dilute the votes of American citizens, not all of whom do vote Progressive-Democrat—even in California.

It’s also true that “undercounting” can have the effect of depressing Federal funds transfers to the States that are undercounted.  Here, though, it’s the responsibility of those States allowing illegal residents to stay—even actively protecting them—in violation of Federal law to pay the costs of those illegalities.  No Federal funds should be transferred for those costs.  These Progressive-Democrats, though, are anxious to keep the spigot of OPM wide open for their own spending imperatives.

Arms Keeping and Bearing “Reform”

The House passed a bill last December that greatly expands background checks and that mandates concealed-carry reciprocity among the several States.

The Senate should take up that bill without further delay and pass it as well.  With the much broader background checks, there’s no longer any rational argument for opposing concealed-carry reciprocity.

It’s a pipedream, though; there aren’t enough Progressive-Democrat Senators willing to vote for cloture.  The lack of progress is too important to them as a campaign issue.

Agency Fees

These are fees unions in a raft of jurisdictions are allowed to charge non-union members as a condition of those workers’ right to work at all.  Ostensibly, the fees are for the unions’ labor efforts in negotiating wages, benefits, and working conditions for everyone in the workplace.  The Supreme Court is considering a case, Janus v AFSCME, concerning whether such fees are constitutional.

It’s already the case that

Agency fees already are forbidden from paying for advocacy and other political activity.

Money is fungible, though, and even though agency fees might be barred from the purpose, the existence of the fees allows unions to reallocate equivalent money from other sources to the purpose—making it impossible actually to say that agency fees aren’t being used for the illegal purpose.  After all, if a union has $100, it can’t afford to engage in political activity.  If the union also collects a $10 agency fee from a non-union member, it now has $110, and it can afford to spend $10 on political activity, even if it’s forbidden by dollar bill serial tracking from using the non-union member’s $10 for the purpose.  Those ten bucks went illegally, however indirectly, to the political activity.

Moreover,

…plaintiffs in the Supreme Court case argue that negotiating with public agencies requires taking positions on government’s size and scope, which is a political question, so forcing employees to pay for the negotiations violates the First Amendment.

There’s the crux of the matter.  Agency fees are eminently unconstitutional, but I’m not sanguine that the Court will see it that way.  Both CJ Roberts and J Kennedy have shown themselves unreliable defenders of the Constitution, and the four Liberal Justices are a rock-solid bloc.

Constitutions

The Communist Party of China has before it a Constitutional amendment that would abolish term limits for the Presidency of the People’s Republic of China.  The CPC is expected to ratify the amendment, along with a number of others that also will enhance the power and apparent prestige of the incumbent, Xi Jingping.

The CPC is expected to ratify….

It’s interesting that the Chinese people aren’t allowed a voice in the document the CPC uses to subjugate them. This is the contempt for ordinary citizens that the men of the government of the People’s Republic of China will inflict on all the nations over which the PRC gains control.