A Phoenix Event of Interest for Liberty

The Prickly Pear announces an outstanding IN-PERSON one-day program for all lovers of liberty being held in Phoenix this Saturday, February 20 from 8:00 AM to 3:00 PM (MST). Location of the IN-PERSON symposium is announced at registration (below).

Heirs of the Republic Presents:

Essential Tools of Personal and Economic Freedom – Class 100
Email: Jeff@Freedomexpoaz.com to register for In-Person attendance or
Register for Webinar attendance at: HeirsoftheRepublic.com

PROGRAM:

Troop Deployments in Washington Are a Disaster Waiting to Happen

“Tyranny in form is the first step towards tyranny in substance,” warned Senator John Taylor two hundred years ago in his forgotten classic, Tyranny Unmasked. As the massive National Guard troop deployment in Washington enters its second month, much of the media and many members of Congress are thrilled that it will extend until at least mid-March. But Americans would be wise to recognize the growing perils of the militarization of American political disputes.

The military occupation of Washington was prompted by the January 6 clashes at the Capitol between Trump supporters and law enforcement, in which three people (including one Capitol policeman) died as a result of the violence. Roughly eight hundred protestors and others unlawfully entered the Capitol, though many of them entered nonviolently through open doors, and most left without incident hours later.

The federal government responded by deploying twenty-five thousand National Guard troops to prevent problems during President Joe Biden’s swearing-in—the first inauguration since 1865 featuring the capital city packed with armed soldiers. Protests were almost completely banned in Washington for the inauguration.

Instead of ending after the muted inauguration celebration, the troop deployment was extended for the Senate impeachment trial. Senator Chris Murphy (D-CT) declared, “So long as Donald Trump is empowered by Senate Republicans, there is still the chance that he is going to incite another attempt at the Capitol.” But the Senate vote on Senator Rand Paul’s (R-KY) motion labeling the trial as unconstitutional signaled that the trial will be anticlimactic because Trump is unlikely to be convicted. The actual trial may be little more than a series of pratfalls, alternating between histrionic Democratic House members and wild-swinging, table-pounding Trump lawyers. A pointless deluge of political vitriol will make a mockery of Biden’s calls for national unity.

Then the troop deployment was extended into at least mid-March because of unidentified threats made to members of Congress. Acting Army Secretary John Whitley announced last week: “There are several upcoming events—we don’t know what they are—over the next several weeks, and they’re concerned that there could be situations where there are lawful protests, First Amendment-protected protests, that could either be used by malicious actors, or other problems that could emerge.”

“We don’t know what they are” but somebody heard something somewhere, so the military deployment will continue. Threats have occurred in waves toward members of Congress at least since the farm crisis of the 1980s, but prior menacing did not result in the occupation of the capital city.

Perpetuating the troop deployment is also being justified by melodramatic revisionism. In congressional testimony last week, Capitol Police acting chief Yogananda Pittman described the January 6 clash at the Capitol as “a terrorist attack by tens of thousands of insurrectionists.” Apparently, anyone who tromped from the scene of Trump’s ludicrous “I won by a landslide” spiel to the Capitol was a terrorist, or at least an “insurrectionist” (which is simply “terrorist” spelled with more letters). Is “walking on the Mall with bad thoughts” sufficient to get classified as a terrorist in the Biden era?

Placing thousands of troops on the streets of the nation’s capital could be a ticking time bomb. The longer the National Guard is deployed in Washington, the greater the peril of a Kent State–caliber catastrophe. The Ohio National Guard’s volley of fire in 1970 that killed four students and wounded nine others was a defining moment for the Vietnam era.

Forty years later, the Cleveland Plain Dealer published an investigation of the Kent State shooting based on new analyses of audio recordings from the scene. The Plain Dealer concluded that an FBI informant who was photographing student protestors fired four shots from his .38-caliber revolver after students began threatening him. That gunfire started barely a minute before the Ohio National Guard opened fire. Gunshots from the FBI informant apparently spooked guard commanders into believing they were taking sniper fire, spurring the order to shoot students. The informant denied having fired, but witnesses testified differently. (The FBI hustled the informant from the scene and he later became an undercover narcotics cop in Washington, DC.) Though there is no evidence that the FBI sought to provoke carnage at Kent State, FBI agents involved in COINTELPRO (the Counterintelligence Program) in the 1960s and 1970s boasted of “false flag” operations which provoked killings.

If some malicious group wanted to plunge this nation into chaos and fear, National Guard troops at a checkpoint would be an easy target—at least for the first moments after they were fired upon (most of the troops do not have ammo magazines in their rifles). The sweeping reaction to January 6 might be far surpassed if troops are gunned down regardless of whether the culprits were right-wing extremists, Antifa, or foreign infiltrators. An attack on the troops would likely perpetuate the military occupation and potentially spur Biden to declare martial law.

Last spring, when riots erupted after the killing of George Floyd in Minneapolis, President Trump warned that “the Federal Government will step in and do what has to be done, and that includes using the unlimited power of our Military and many arrests.” Many activists were justifiably appalled at the specter of Trump seizing dictatorial power over areas wracked by violent protests. But the danger remains regardless of who is president.

Martial law is the ultimate revocation of constitutional rights: anyone who disobeys soldiers’ orders can be shot. There are plenty of malevolent actors here and abroad who would relish seeing martial law declared in Washington, the paramount disgrace for the world’s proudest democracy.

Unfortunately, Biden would have plenty of support initially if he proclaimed that violence in Washington required him to declare martial law. As the Washington Post noted in 2018, a public opinion poll showed that 25 percent of Americans believed “a military takeover was justified if there were widespread corruption or crime.” The Journal of Democracy reported that polls showed that only 19 percent of Millennials in the US believed that it would be illegitimate “in a democracy for the military to take over when the government is incompetent or failing to do its job.” But trusting to military rule for Millennial wish fulfillment would be the biggest folly of them all. Support for martial law is the ultimate proof of declining political literacy in this nation.

Regardless of the risks, some politicians are clinging to the presence of the troops in Washington like Linus clutching his “security blanket” in a Peanuts cartoon. Will we now see regular alarms from a long series of politicians and political appointees working to “keep up the fear”?

History is littered with stories of nations scourged by “temporary” martial law that perpetuated itself. Anyone who believes America is immune should recall Senator Taylor’s 1821 warning against presuming “our good theoretical system of government is a sufficient security against actual tyranny.”

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This article first appeared on Mises Wire, on February 10, 2021, and is reproduced with permission granted by the Ludwig von Mises Institute.

Mob Mixes Business with Pressure

They used to call it “retail therapy.” But for conservatives, there’s nothing therapeutic about walking the aisles of stores that want to shut down your speech, cancel your bank accounts, or send cents on every dollar to Marxist groups who despise America. In an age when conservatives can’t turn on the TV, send their kids to school, check their Facebook feeds, or watch sports without being reminded about the wokeness of corporate extremists, it’s no wonder they’re fed up. And fed up — Gallup warns — is exactly what they are.

It used to be “cool and countercultural” to be liberal in corporate America, Dave Seminara pointed out. “Today, the Left is the establishment — and conservatives are [the] new counterculture that quietly seethes as companies we patronize inundate us with… virtue signaling.” Most people don’t expect or even want corporate America to embrace conservatives causes, the WSJ’s editorial board agrees. But it would certainly be nice if these CEOs didn’t “aggressively antagonize the very Americans it has long relied on to protect it from government control.”

After being canceled, threatened, and shamed, it’s no wonder the majority of Republicans are disgusted at the betrayal of a business community it has historically championed. In its latest survey, the GOP’s satisfaction with the “size and influence of major corporations” took a nosedive, plummeting a whopping 26 points from 2020 to a new record low: 31 percent. The relationship between the two longtime allies has soured — and fast.

Justin Danhof, general counsel for the National Center for Public Policy and Research, has been tracking this political drift for the last 10 years, and his only surprise is that it took this long for conservatives to wake up and realize that corporate America is in the tank for the political Left. “When it comes to cultural conservatives, religious conservatives, corporations are on the opposite side of every issue that you hold dear,” he warned on “Washington Watch.” “Many of them fund Planned Parenthood. Many of them oppose your religious freedom — and not just vocally — but in the courts legally fighting against [it].”

Most Americans had no idea how bad it was until last year when Black Lives Matter was burning our cities to the ground, and how did Amazon and Pepsi respond? By sending the organization huge checks. But it wasn’t just the money that bothered conservatives, it was the moralizing. “That’s what a lot of Americans found so unpalatable — that… these godless, soulless corporations like Disney and Apple are trying to dictate morality here in the United States by saying that this is a white supremacist nation, that our institutions are founded on white supremacy, that we all must bend our knees to Black Lives Matter.” Then, in the same breath, these same CEOs turn around and do business with communist China. Suddenly, they don’t care about racial justice. They don’t mind that slave laborers from nearby concentration camps are stitching together their Nikes. It’s a culture of corruption, Justin shook his head, and it’s oozing hypocrisy.

If there is good news, Justin agrees, it’s that consumers are finally seeing corporate America for what it is…..

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To continue reading click here and go to The Family Research Council.

Watch 13:46 minute video of Justin Danhof discussing Growing Dissatisfaction with Major Corporations with Tony Perkins.

Want to Guess How Close Trump and the GOP Came to Winning…Everything in 2020?

Donald Trump is toxic. The GOP is finished. Joe Biden won; he has a mandate — all of these things are false. Also, it would seem demography is not destiny and higher turnout isn’t an automatic lock for Democrats. We have another autopsy of sorts from The Washington Post on the 2020 election. Want to take a guess how many votes Republicans needed to control everything? One million votes, two million? Nope. It didn’t even break 100,000. It was 90,000 votes. Republicans just needed 90,000 votes to control all of Washington this past election cycle. Literally minor changes in the presidential, House, and Senate races could have led to the GOP coming into 2021 with a unified government. There are many ways to skin the electoral cat as some have said in the past. It’s not all grounded in the popular vote. The Electoral College strategy is different. Are we shocked that Donald Trump had fewer popular votes than Joe Biden? No, we knew this was going to be the case, as the areas that are fastest growing are typically Democratic bastions, which also do next to nothing regarding expanding the Left’s ability to reach 270 any easier. What about Florida? Yeah, the state has become more diverse for sure. It’s also more Republican than it was back in 2000 — go figure. Demography is not destiny and there are a host of issues where civil war can break out among Democrats, especially regarding who is filling the campaign coffers.

Non-whites may vote reliably Democratic, but white educated liberals were the ones who filled the war chests and gave money at disproportionate rates. The ones who sign the checks will always get their phone calls answered. I see a big issue with that on the horizon, but we’ll just wait and see what happens. Let Democrats be the ones who cause their own car crash.

Anyway, here’s the breakdown of how close the Republican Party came to winning the whole show (via WaPo):

Republicans came, at most, 43,000 votes from winning each of the three levers of power. And that will surely temper any move toward drastic corrective action vis-a-vis former president Donald Trump.

While Democrat Joe Biden won the popular vote by more than four points and the electoral college 306 to 232, the result was much closer to flipping than that would suggest. Biden won the three decisive states — Arizona, Georgia and Wisconsin — by 0.6 percentage points or less, which was similar to Trump’s 2016 victory. If you flip fewer than 43,000 votes across those three states, the electoral college is tied 269 to 269. In that case, Trump would probably have won, given that the race would be decided by one vote for each House delegation, of which Republicans control more.

There are several reasons to argue that Biden has a mandate, including that he won more eligible voters than any candidate in half a century and won the highest percentage for any challenger to an incumbent president since 1932. But the fact remains that we weren’t that far away from a second Trump term.

The number of votes to flip the result was similar in the House. As the Cook Political Report’s David Wasserman noted in light of Tenney’s win, fewer than 32,000 votes could have flipped the five seats that Republicans would have needed to win the House majority — Illinois’s 17th District, Iowa’s 3rd, New Jersey’s 7th, Texas’s 15th and Virginia’s 7th.

While incumbent David Perdue (R-Ga.) lost the closest Senate race in a runoff last month with now-Sen. Jon Ossoff (D-Ga.) by about 55,000 votes, he previously came very close to avoiding the runoff altogether. On Election Day, he took 49.7 percent of the vote — fewer than 14,000 votes from winning the race outright. That would have foreclosed any chance Democrats had at winning the Senate.

So, 43,000 votes for president, 32,000 votes for the House and 14,000 votes for the Senate. Shifts of 0.6 percent for president, 2.2 percent for the House, and 0.3 percent for the Senate…..

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To read the rest of this article, click here. The article first appeared on January 10, 2021 at Townhall.

AZ Supreme Court Says No to Sweetheart Deals for Private Companies

In a major victory for taxpayers, the Arizona Supreme Court ruled unanimously today that the city of Peoria violated the state Constitution’s Gift Clause when it gave away nearly $2.6 million to two private businesses who promised nothing in return to the public, but only to run their own businesses for their own private profit.

In 2016, the city gave this money to Huntington University and its landlord Arrowhead Properties LLC, both private businesses, in hopes that these private companies’ operations would improve the local economy. But neither business promised to provide anything to the public in exchange for the millions of taxpayer dollars they received. Instead, to get the subsidy, Huntington University—a private, Christian college based in Indiana that offers only a Digital Media Arts program in Peoria—simply agreed to run its business: get accredited, offer classes, and enroll students, all things it would do anyway. Locals didn’t get any guarantee of admission, jobs at the college, reduced tuition, or even access to the college’s facilities. And Huntington’s landlord, Arrowhead, agreed to renovate its own building to house Huntington, all for private profit and private use. That doesn’t benefit taxpayers; it benefits these two private firms.

That’s why we sued the city on behalf of Peoria taxpayers. The state Constitution forbids the government from giving money away to a private company. The Goldwater Institute is the state’s leading enforcer of this “Gift Clause”—over a decade ago, we won a landmark victory in Turken v. Gordon, where the Arizona Supreme Court held that whenever officials spend taxpayer money, it must benefit the taxpayers directly. Hopes of future prosperity resulting from corporate welfare are simply not enough.

Today, the Supreme Court struck down Peoria’s handouts to Huntington and Arrowhead because giving away money simply to entice private businesses to locate in town, with nothing else in return, is precisely the sort of thing the Gift Clause was written to prohibit. The Court said that the deal was “no different than a hamburger chain promising to operate in Peoria in exchange for monetary incentives paid by the city in hope of stimulating the local economy.” After all, all private businesses “will usually, if not always, generate some economic impact and, consequently, permitting such impacts to justify public funding of private ventures would eviscerate the Gift Clause.”

What’s worse, Illegal subsidies like this discourage businesses from shouldering risks and instead encourage them to look to bureaucrats, who can dip into taxpayers’ wallets. If Huntington’s and Arrowhead’s efforts are successful, then they reap the reward. But if those ventures fail, the taxpayers—not the private companies—take the fall.

Cities have important jobs to do—like keeping people safe, solving crimes, and maintaining infrastructure. Putting resources toward projects that benefit the public, such as streamlining government permitting processes and providing better core services, contributes to true economic development. Instead, Peoria chose to dole out $2.6 million to its hand-picked favorites—an amount that could have funded more than half of the cost of the city’s police criminal investigations unit for an entire year.

Today’s unanimous ruling sends a powerful reminder to government officials across the state that they can’t spend taxpayers’ hard-earned money on sweetheart deals for select private businesses, but can only purchase goods and services that truly benefit the public.

*****

Christina Sandefur is the Executive Vice President at the Goldwater Institute.

This article first appeared on February 8, 2021 at the Goldwater Institute.

The Past And Future Of Incitement

Accusations of incitement are becoming the establishment’s tool of choice to justify new censorship, new surveillance, and new laws.

You can only make up your own definition of “incitement” on Twitter and at presidential impeachment trials. Otherwise, the actual law is going to have to do.

The context is clear: As they geared up for an impeachment, Democrats and mainstream media have sold the events of January 6, 2021 to frightened Americans as a new 9/11, to be the prime mover for defining a whole new range of “crimes.” Incitement will become this generation’s “material support to terrorism,” meaning the complex legal definition will be massaged in the name of security so that it will become a word, and thus a crime, that will mean whatever the Dems, media, and FBI want it to mean.

The Department of Homeland Security already issued its first new terrorism alert in ages, warning of domestic anti-government extremists among us. The kid in his bedroom chatting online will be talking to a Fed pretending to be a white supremacist instead of from ISIS. The arrest for “incitement”—those DMs, supposedly about white supremacy—will be played across the news and, as with after 9/11, lead to calls for more censorship, more surveillance, more arrests. It’s the 2001 playbook all over again.

Only this time it got an upgrade. Incitement scales well. Instead of just being pointed at naive kids online, it can be a death ray aimed at a conservative writer, a member of Congress, anyone with a platform. An allegation of incitement is not aimed at stopping violence. It is a way to eliminate an opinion, take out a rival, even impeach a president. 

Current law stands in the way, however. Following the evolution of free speech over the decades, it has created increasingly specific tests to determine when speech becomes such a danger that it must be stopped. There’s a lot more to it than just that old bit about not being allowed to shout fire in a crowded theater.

Justice Oliver Wendell Holmes wrote, “The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing a panic. The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger.” The “Fire!” quote from the Supreme Court decision in Schenck v. United States is often cited as defining the limits of free speech. But Schenck is what jurists call bad law, in that it sought to use the Espionage Act to stop free speech by a Socialist pamphleteer opposing WWI, not protect it. The case was overturned, so Holmes’s statement is better understood not as a 21st-century test but simply a statement that while the First Amendment is not absolute, restrictions on speech should be narrow and limited.

It would be for the later case of Brandenburg v. Ohio to refine the modern standard for restricting speechBrandenburg v. Ohio (Clarence Brandenburg was an Ohio KKK leader who used the N-word with malice) precludes speech from being sanctioned as incitement to violence unless 1) the speech explicitly or implicitly encouraged the use of violence or lawless action; 2) the speaker intends their speech will result in the use of violence or lawless action; and 3) the imminent use of violence or lawless action is the likely result of the speech.Brandenburg is the Supreme Court’s final statement to date on what government may do about speech that seeks to incite others to lawless action. It was intended to resolve the debate between those who urge greater control of speech and those who favor as much speech as possible before relying on the marketplace of ideas to sort things out.

That second test under Brandenburg, intent, is purposely hard to prove. A hostile reaction of a crowd does not automatically transform protected speech into incitement. Listeners’ reaction to speech is thus not alone a basis for regulation, or for taking an enforcement action against a speaker. The speaker had to clearly want to, and succeed in, causing some specific violent act.

In a 1982 case, Claiborne v. NAACP, the Court ruled NAACP civil rights leaders were not responsible for a crowd which, after hearing them speak, burned down a white man’s hardware store. The state of Mississippi charged the leaders with incitement on the grounds that their speeches urging a boycott of white-owned stores incited their followers to violence. The state’s argument was that the NAACP must have known their inflammatory rhetoric would drive the crowd to violence even if they did not demand so out loud.

The Supreme Court rejected that argument, explaining free speech will die if people are held responsible not for their own violent acts but for those committed by others who heard them speak and were motivated in the name of that cause. The Court wrote “there is no evidence—apart from the speeches themselves that [the NAACP leader] authorized, ratified, or directly threatened acts of violence… to impose liability without a finding that the NAACP authorized—either actually or apparently—or ratified unlawful conduct would impermissibly burden the rights of political association that are protected by the First Amendment.”

The Court concluded instead that the NAACP “through exercise of their First Amendment rights of speech, assembly, association, and petition, rather than through riot or revolution, sought to bring about political, social, and economic change.” Some damn fine words there. 

The law is similar in regards to (incitement to) sedition, seeking to overthrow the U.S. government. It is intimately tied to the concept of free speech, as any true attempt at overthrow, as well as any legitimate criticism of the government, will include stirring up crowds. The line between criticizing the government and organizing for it to be overthrown is a critical juncture in a democracy.

Current law requires the government to prove someone conspired to use force. Actively planning such an action (distributing guns, working out logistics, actively opposing lawful authority, etc.) could be considered sedition. But simply advocating broadly for the use of violence is not the same thing as violence and in most cases is protected as free speech. For example, suggesting the need for revolution “by any means necessary” is unlikely to be seen as conspiracy to overthrow the government by force.

All of this may soon be thrown away, however. Joe Biden and the Democratic Congress are considering new laws against domestic terrorism which will likely stretch the current definitions of incitement and sedition, with the Trump impeachment as their philosophical touchstone. The new laws may seek to define beliefs such as “whites are a superior race” not as bad science or an unsavory opinion but as an actual threat, an illegal thought. Proposals include prohibiting people with such beliefs from joining the military or law enforcement, maybe Congress itself.

The groundwork is already in place. Don’t forget Biden claims credit for writing the original Patriot Act. Establishment media have been priming Americans to believe they have too many rights for their own safety. The New York Times is openly soliciting stories about “right-wing extremism” in the military.

Tension has always existed between the poetry of the First Amendment and the concept of incitement as a point where words should be criminalized. It sounds easy to sort out, until you consider almost any political viewpoint, passionately expressed, has the potential to incite. But a democracy can’t exactly lock up everyone who says aloud “abortion is murder” or encourages people to “fight” for their rights. Speech that inspires, motivates, stirs up the blood is not incitement, and in fact is an important part of a rugged democracy. 

On paper at least, America legally holds that, apart from some narrow exceptions, free speech exists independent of the content of that speech. This is one of the most fundamental precepts of our democracy. Violence following a speech does not mean the speech caused the violence. Not every dissenter is a domestic terrorist. There is no need for protection for things people agree with, things that are not challenging or debatable or offensive. The true tests for a democracy come at the edges, not in the middle. We need faith in free speech, not a party affiliation, to make America great again.  

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This article first appeared in The American Conservative on February 8, 2021, and is reproduced with permission.

RUMBLE VIDEO: The Truth About the November 2020 Election

The Editors of The Prickly Pear offer our readers the following video from Rumble that we believe is well documented and reflects accurately, if not quantitatively, what actually happened in the 2020 Presidential election. It is the belief of one-half or more of American voters, shown by multiple polls since November 3, 2020  that the election had significant fraud at multiple levels and that the winner was not Joe Biden but rather Donald Trump.

This is a MUST SEE, MUST WATCH video. The following 16:29 minute video is for your consideration and importantly, to demonstrate what the citizens of this nation must fix through their state legislatures to prevent repeat of the abnormalities and irregularities that determined the outcome of the 2020 Presidential election.

WATCH THE VIDEO HERE
The Truth About the
November 2020 Election

Good Election Integrity Reforms in Arizona Must Focus on These Four Key Areas

Though the November 2020 election is over and the results a foregone conclusion, the pervasive distrust of the U.S. elections system continues to linger. After all, when voters are given $25 gift cards in exchange for their votes like they were in Nevada, a judge is caught taking bribes to stuff the ballot box in Philadelphia, and a woman is hired in California to run voter registration drives and is caught forging signatures and changing their party affiliations, there should be a consensus that voter fraud is real.

Something needs to be done. And though Arizona may not be the worst offender, our state still has plenty to do to improve our elections and rebuild trust.

The Arizona legislature has convened once again, and Republican lawmakers have seemed to hear their voters loud and clear – address election integrity and address it now. Dozens of bills have been introduced, attacking reform from different angles and reacting to the frustrations of Arizona voters in November. With so many competing ideas, it is necessary to prioritize reforms that offer the greatest security to our election system and are feasible to implement.

For the legislature to claim victory on election integrity for the 2021 legislative session, they must focus their reforms in four key areas:

1. Maintain Clean and Current Voter Rolls

Once fraud is in the election system, it is extremely difficult to prove and root out. Ensuring voter rolls only contain current, legal residents who are qualified to vote is critically important. Currently, there is no standardization across all 15 Arizona counties to scrub voter lists of deceased persons, citizens who have changed residency, or duplicative voter files. Equally important is an independent audit of this practice to ensure it is actually being done. Though legislators may trust every county recorder to follow the law, a good policy ensures verification.

2. Protect Mail-In Ballots

Mail-in voting is inherently more vulnerable to mistakes, mishaps, and mischief. Due to the delay and distance of a voter receiving their ballot and the tabulation of that ballot, extra security measures are necessary to protect this method of voting.

No doubt, early mail-in voting is popular in Arizona, and efforts to eliminate the system are impractical and unnecessary. However, additional verification for early mail-in ballots is a good idea and lawmakers should focus reform in this area.

3. Ensure Legislative Oversight

Election integrity is a matter of statewide concern and therefore is a legislative concern. Many Arizona voters were understandably frustrated at how seemingly little power the legislature had to intervene and require an audit of the 2020 election results.

Not only should election procedures be standardized across all counties in Arizona, but the legislature needs to be empowered to oversee election practices, results, and compliance.

4. Prohibit Outside Influence

In the past, election officers have been permitted to use internal or external resources to sway the outcome of an election. These practices aren’t illegal, but they should be. Whether that is using taxpayer money to target voter registration activities, using third party lists to target potential voters, or accepting money from outside organizations with a political agenda, this must be eliminated. Curing voter distrust includes ensuring the government can’t put its thumb on the scale of election results.

Election integrity is a top priority of Republicans at the legislature this year. But success will not be measured by the volume of election integrity bills that get passed, but by their quality. Bills concentrated in each of these areas of reform will help improve the credibility, transparency, and security of our elections.

*****

This article is published by the Arizona Free Enterprise Club on February 8, 2021 and is reproduced with permission.

Teachers’ Unions — Killing the Competition

Suppose “New Burger” (a new chain of burger joints) opened to great reviews – perhaps something that is not very surprising.  What would be surprising is if McDonald’s decided it was going to throw all of its massive resources at New Burger to kill it off.  If McDonald’s made charges that New Burger was not operating within the law or selling tainted meat that would be quite surprising.  You would probably wonder why an operation with over 38,000 locations was so desperate to kill off the competition.  Of course, McDonald’s would never do that.  They are used to operating in a competitive environment.  Sadly, this scenario does not apply to the teachers’ unions; they will try to strangle any competition.

This was brought to light recently when the teachers (backed by their unions) decided to not show up to classrooms because of COVID-19.  They complained it was a safety issue, but it really wasn’t.  The teachers were not personally affected as they continue to “teach” remotely and receive their full salary, health care, and retirement benefits.

Parents decided that remote learning was not providing their children a proper education and started to fight back.  They wanted the teachers in the classrooms and a ruckus started across the country.  For their part, the teachers in public schools held firm and the administrators and local politicians caved.  We learned who was more important as if we did not already know, and it is not the children.

 They finally woke up to the facts they and their children are not the customers – it is the teachers. Parents started pulling their kids out of the schools.  After all, who gives more money to the politicians?

Prior to COVID, Education Week stated homeschooled children were three percent of the school-age population nationwideThat number jumped to 10% in 2020.  How many will continue sending their kids to public schools is yet to be answered.  Private school enrollment has risen also.  The country’s largest operator of virtual schools has had its enrollment jump from 123,000 to 170,000 in one year.

The teachers’ unions did not like this threat to their monopoly, and, like every other threat, they try to kill it off with lies and innuendo.  They constantly attack charter schools and at least in California they even attacked homeschooling.  The teachers’ unions insisted that anyone teaching a child has to be licensed by the state and use a curriculum approved by the state department of education.  In March 2008, an appeals court ruled that a parent teaching their own child must have a state credential.  That ruling was fortunately overturned.  But that has not stopped teachers and their unions from trying to kill off the next challenge to their stranglehold on the educational system.

Don’t mess with parents wanting to educate their kids.  Just like they formed carpools so they can get their kids to school and get to work every day, they formed education pods.  In effect, mini-classrooms.  These pods were deemed dangerous by the teachers’ unions.  Remember anything challenging the monopoly is dangerous.  Becky Pringle, president of the National Education Association (NEA), struck back.  She stated, “pods will become widespread and damage a public-education system already reeling from budget cuts and struggling to fund COVID-19 safety measures.”  Ms. Pringle did not specify the budget cuts because they are non-existent.  At best there are increases in the budgets deemed inadequate by her. The funding for safety measures is certainly not the ridiculous $130 billion proposed by the lapdogs in the Biden Administration who are owned by the teachers’ unions.  That would be on top of the $65 billion previously allocated and not accounted for.  And last, what exactly is dangerous about parents gathering their kids together to get them an education the teachers refuse to supply while they line their own pockets?

Ms. Pringle went on and did what is de rigueur – invoking racism.  “This, in turn, could open the door for more inequity, segregation and unsafe workplaces, since pods are expensive and unregulated.”  If they are indeed expensive, they certainly pale in comparison to public schools at over $15,000 per student in many systems with more non-class personnel than class personnel.  Regulatory control in school systems like Los Angeles, Chicago, and New York lead to high rates of failed students and miserable graduation rates.  Worse, our national press reprints Ms. Pringle’s garbage comments without calling her to the task.

Then Ms. Pringle went in for the kill.  She went after Prenda. Prenda until this time was an obscure operation that was aimed at helping parents educate their children that have been abandoned by the public schools and cannot afford to pay for the public schools through taxes and private schooling. This is the  link to their website. Dangerous stuff here.  The Democrats will probably include them in the domestic terrorism bill.

Instead of letting an insignificant competitor remain so, the NEA issued an “opposition report.” The union attacked Prenda for lack of safety charging inadequate protections.  In the 2017-2018 school year, there were 962,300 violent incidents in public schools.  The union had the audacity to question safety in parents’ homes while parents are running away from public schools because of their lack of safety.  The NEA will probably recommend an armed guard at all Prenda sites as there is at most high schools in America.

The NEA went on to chastise Prenda for not providing meals or transportation for the students.  It might be parents on their own can figure out how to get their kids to the site and Prenda figured out the parents are not going to let their kids starve during the day.  It is almost surprising the NEA did not demand a nutritionist present at every Prenda site.

The teachers’ unions did not stop at attacking Prenda.  They went to the state legislatures that are bought and paid for by union dues and demanded their lackeys go after the pods.  We will see how that turns out, but none of their actions will be beneficial to the people they are supposed to protect – the children.

There is a reason our national leaders went after monopolies and restricted them at the beginning of the 20th century.  We now have very dangerous monopolies controlling our educational systems in many of our states.  They have a stranglehold on the elected officials in many of those states.  They are willing to crush any and all competition to their monopoly.  Their results show they are the most racist organizations in America.  Once again, we have positive proof that they only care about their members and have little regard for their supposed customers – the children.

NOTE:  The only way to stop the teachers’ unions from this unacceptable behavior is to stop paying them for not showing up.  Then we will see if they really believe what they believe.  

*****

This article first appeared in Flash Report, on February 7, 2021, and is reproduced with permission from the author.

Lockdowns Have Depleted Capital in All Forms

When lockdowns first happened, my initial thought was geeky, and only later did I begin to realize the implications for human rights and liberties.

My thought was: this is going to be devastating for future capital investment. The basis of my fear was the knowledge that in almost all poor countries, property rights are insecure, particularly for capital goods. These are goods that are produced to make other goods (the “produced means of production,” in the classic formulation by Eugen von Böhm-Bawerk). Their existence and protection is a key to prosperity. They enable more complex economic structures – the extended order, in F.A. Hayek’s phrase. It’s the basis of hiring and investment, and the foundation of wealth production.

In the normal course of economic life, capital structures are constantly adapting to changed conditions. Changes in available technology, consumer demand, labor pools, and other conditions require entrepreneurs to stay constantly on the move. They need the freedom to act based on the expectation that their decisions matter within a market framework in which there is a test for success or failure. Without this ability, writes Ludwig Lachmann, “a civilized economy could not survive at all.”

When governments attack capital by making it less secure, denying its own volition over how it is deployed, or it comes to be depleted through some other shock like a natural disaster, capital cannot do the work of creating wealth. This is a major reason for poverty. Start a business, make some money, employ some people, and a powerful person or agency comes along and steals it all. People get demoralized and give up. Society can’t progress under such conditions. Take it far enough and people end up living hand to mouth.

Lockdowns seem focused on expenditures and consumption but fundamentally they attack capital. The restaurant, the theater, the stadium, the school, the means of transport, all are forced into idleness. They cannot return a profit to the owners. It’s a form of theft. All that you have done to save and work and invest is voided.

That investors and entrepreneurs would lose faith in the rule of law – and thereby the security of their rights – was my main worry about lockdowns. Before lockdowns, life was functioning normally for so very long, decades and decades. Restaurants and hotels stayed up, operating according to their owners’ wishes. People could make plans and invest across state and national boundaries, never thinking that they could be prevented from traveling. A new theater could open and rent out space for concerts or other performances. A band could form and travel here and there and arrange bookings. Large conferences could be put on in cities all over the country, and there was nary a thought of the possibility that some politician would just decide to shut it down.

Starting March 8, 2020, all that changed. The mayor of Austin, Texas, shut down South by Southwest, forcibly canceling 100,000 contracts for flights, hotels, and conference participation. It seemed unbelievable to me at the time. Surely there would be a flurry of lawsuits and the courts would intervene to call the mayor’s actions despotic. The lesson would be learned and such a thing would not happen again in America for a very long time, if ever. We do have a Fifth Amendment that rules out such “takings” without due process, and as a general principle we believe in the right to run enterprises.

To my shock, this was just the beginning. Travel ceased. Schools shut down. Businesses were forcibly closed and events we had taken for granted just weeks before were deemed illegal. The churches were padlocked. Courts closed. You know the rest. By March 16, the buzzing, happy, progressing world of enterprise and creativity was shut down by governments. The politicians locked us down. People were panicked too but once rationality struggled to make a return, the law stood in the way of normalcy.

All of this amounts to an attack on economic networks and capital infrastructure. Investment plunged during the great suppression. These days, private investment in the United States is back to 2018 levels but I wonder about the long-term economic effects. Do we expect “snap lockdowns” in the future such as that experienced by Perth, Australia, last week? A writer for the Washington Post thinks they are just fantastic:

It may seem strange to act so aggressively for a single case, but we Australians complied. There were no complaints of infringing on freedoms. No marches against masks. My city of Perth came to a standstill. The roads were quiet, and our beaches were deserted. A trip to the supermarket for essential groceries saw everyone wearing a mask — for the first time. Other states restricted travel of West Australians, desperate to keep the virus out.

The subsequent two days didn’t bring a rush of cases that we feared; instead, for the first two days of lockdown, no new cases of covid-19 were detected. Residents of other countries might think this was overkill; in truth, that’s how a proper pandemic response should look.

Under the conditions, how is planning possible? You have dinner reservations, a party planned, a wedding with contracts, a business meeting, a concert, a delivery scheduled, or anything at all, and everything can be closed for an indefinite period of time. This could happen any time day or night, all on the authority of government officials and all because of a positive PCR test. Australia is widely celebrated as a success but is it a success when any state within Australia can fall to totalitarian control at the drop of a hat, in a country that has locked its citizens within its borders and locked visitors out, thus smashing the whole of the tourist industry?

Do we really want to live in this world? And also a relevant question: what does this do to the ability to plan and invest in the future? There is the thing called “time preference” which refers to the willingness of individuals to put off current consumption for the future. A low time preference is essential for building a progressing economy and social order and it is contingent on a stable and predictable regime that doesn’t randomly invade people’s rights. When arbitrary power comes along to pillage people’s property, inhibit their freedom of movement, and restrict their associations, the effect is to make planning for the future less possible and hence disincentivize it. In effect, you encourage people to live for the moment rather than planning for the future. Hope is replaced by nihilism.

Lockdowns also attacked other forms of capital: professional, educational, and social. About one-third of workers in America started working from home. For many, the word working should be in quotes. Life changed dramatically. Forget the commutes, the traffic, the office environment, the waits for the elevator, the lunch hour, the after-hours cocktails with friends. Instead, work became about laptops, houseshoes, all-day snacks, afternoon drinking, and binging Netflix in the background. Laziness became too easy.

Maybe this was viable for a few weeks. But after several months, it became obvious that people’s personal capital was under attack. Some people could continue to receive a paycheck while staring at a screen while others have to hustle, go to work, cut the meat and stock the shelves, check out the customers, slog around the hospital, paint the houses and do the yardwork, serve people where dining was allowed, and so on. Still, others were forcibly put out of work (movie theaters, the arts, conference venues, and so on). Whether you could deploy your labors to your benefit depended entirely on the exigencies of the planning elites.

All this terrible disruption has shattered people’s confidence in the system and rattled people’s sense of their own value. Lockdowns have taken their toll on our confidence in the law and our optimism that we live in a world in which our persons and property are safe from invasion by political elites.

A very practical example of a form of investment concerns the decision to have children. Kids have been locked out of their schools for a year, depleting educational capital. One million mothers have left the workforce to care for kids, depleting professional capital. Three-quarters of families have said they feel intense stress. Early on after the lockdowns began, people were predicting a new baby boom.

Not so much anymore. Now there is growing wonder whether people will decide not to have children because of the burden, the lack of educational security, the possibility that this whole nightmare could happen again and leave parents with impossible circumstances yet again. Then there is the deeper question of whether we really want to bring children into a world in which they could be so brutalized as they were in 2020. Perhaps this accounts for why births in Italy alone plunged 22% since lockdowns.

The same fear is expressed by many capitalists. Why open a restaurant if it can be shut down? Why build a hotel if travel restrictions can leave it empty for months and even years? If you don’t have confidence in a stable legal regime for the future, what can one say about whether investing in anything physical or that depends on customers coming and going is really a good idea? Do we really want to open a factory that can be closed at any time by decree?

Outside of a major war, it is hard to recall a time when government policies have so seriously roiled business practices, economic structures, and personal lives as much as lockdowns have, not only in the US but all over the world. The consequences will be felt for many years in the future.

What we need today more than anything is a guarantee, an ironclad guarantee from our leaders that nothing like this can ever happen again. To make that promise credible we also need a flurry of frank admissions that they made terrible mistakes this time, detailing what they were, and give us proof that there are legal means to stop the next guy in that office from locking people down yet again. We need the rule of law to once again protect essential rights. If we do not get that, we will continue to see people lose hope and confidence in the future, and that could have a devastating long-term effect on prosperity and social peace.

*****

This article was first published on February 6, 2021 at AIER, American Institute for Economic Research and is reproduced with permission.

Arizona Citizens Defense League

Legislative Update

We are now three weeks into the 2021 Arizona legislation session. The number of bills filed has climbed to over 1,400. Key bills that AzCDL is monitoring, and their status, can be found on our Bill Tracking page. It is updated daily. The final day for Senators to file bills is Monday, February 1. For the House, the deadline is Monday, February 8.

Of the 20 firearms-related bills that we are monitoring, 15 have been filed by Democrats attacking your right to keep and bear arms. Newly added this week are a couple of Senate bills:

SB 1535 – Would make you a felon if a minor can access your firearm.

SB 1585 – You would be guilty of a Class 1 Misdemeanor for “storing” your firearms without using a trigger lock or placing them in a locked container. There is no explanation of “storing” in the proposed statute or when or where it’s supposed to occur. It could mean you need to add a trigger lock before placing your gun in your holster.

On the plus side, the Republicans have filed two more bills supporting your rights:

SB 1361 – Would waive the CCW permit fees for active-duty military, veterans, and current and retired peace officers.

SB 1382 – Would classify ammunition and firearms-related businesses as “essential” during a state of emergency.

Following the deadline for filing new legislation, all bills must be heard by committees in their originating chambers (House or Senate) by February 19, a little over 2 weeks from now. It’s impossible for all bills that are filed to meet that deadline. The Republican leadership in the House and Senate determines the committee assignments.

*****

For further information, go to https://azcdl.org/

Legislation tracked by the Arizona Citizens Defense League can be found here.

Election Revelations From Time Magazine

Normally, we would not send you rushing to read TIME MAGAZINE, a publication that has long since lost its reputation for honesty in reporting. But we urge all readers to absorb The Secret History of the Shadow Campaign That Saved the 2020 Election” by Molly Ball.

The piece goes some distance in explaining the strange events of the past year.

Early on, in this lengthy piece, the author writes:

“In a way, Trump was right. There was a conspiracy unfolding behind the scenes, one that both curtailed the protests and coordinated the resistance from CEOs. Both surprises were the result of an informal alliance between left-wing activists and business titans.”

Curtailed the protests?  Do you mean people were being murdered and burnt out of their businesses as part of a political tactic? Apparently so, and she continues at length without once reflecting on her own words.

The article is slanted and the words loaded as you would expect from  Time Magazine.  Enemies of Trump are “for democracy” and all Trumpians are “autocratic.”  Trump supporters are “henchman” and all pro-Trump lawsuits are “dubious.”

But in a way, the article is refreshing, as she gushes candidly about the powerful interests that worked together behind the scenes for the good of us all. It is both revelatory and frightening at the same time.

Molly Ball clearly despises Trump and celebrates the alliance of Big Business, Big Labor, Big Media, and Big Social Media, the Democrat Party, and a considerable number of Republicans. She preens,  That’s why the participants want the secret history of the 2020 election told, though it sounds like a paranoid fever dream – a well-funded cabal of powerful people, ranging across industries and ideologies, working together behind the scenes to influence perceptions, change rules and laws, steer media coverage and control the flow of information.”

What do you call a cabal of well-funded people working together in secret?  Democracy, of course, you stupid peasant!  And, resistance to this secret cabal of ultra-wealthy elites, is “undemocratic.” Once you get this orientation correct in your head, you are qualified to read her entire article.

As you read the whole piece, remember that if you supported the Republican candidate, you are a dolt.  More than a dolt, you are a positive menace to society. Those who know better than you and understood the threat of Make America Great Again, needed to get together to conspire to change the results. And they did so in secret, to save democracy itself.  They did it after all, for you, who just did not understand. Their personal interests played no role in their actions. And, there is a tooth fairy.

Molly, the reason it sounds to you like “a paranoid fever dream” is because it was. How else can you describe a group of people, working together in secret, to achieve a goal, using nefarious means?

Thank goodness we have Peggy Noonan from the Wall Street Journal to advise us all. In today’s paper, she calmed my fears over breakfast with this incredible insight: “But the Republican Party still has a lot of work to do to counter radicalism and conspiracy theories.”

Anyway, back to Molly: “They were not rigging the election: they were fortifying it. And they believe the public needs to understand the system’s fragility in order to ensure that democracy in America endures.”

Dear Molly is so lacking in self-awareness that she comes very close to the famous quote from a military officer during the Vietnam war to the effect that, “we had to destroy the village in order to save it.”

To save democracy, we must rig the results.

Also confusing, is her assessment that this cabal got together after the riots last year by Black Lives Matter and Antifa, both Marxist oriented organizations, and therefore Conservative political forces must be defeated. Do you get that logic?

She apparently has been living in a cardboard box in the river bottom the last few years to have missed the Obama/Biden administration turning loose the intelligence and law enforcement agency of the United States against a political opponent, all on false charges that they themselves paid to develop. They did this when Donald J. Trump was a private citizen and, incredibly, when he was an elected President.

This abuse of power is more than petty, it was criminal, but she thinks all of this started after the riots.  At any rate, she claims that the abuse of democracy you see really is to support democracy.

Molly Ball – you must understand that the Left was planning massive riots if Trump won. That would have destabilized our society. So, she reasons, what was needed was an outcome that would not offend the Left, even if the outcome is different than it otherwise would have been.

The calculation was the following. There are 400 Leftist organizations getting ready to riot if Trump wins. Remember all the news reports of businesses boarding up their establishments? For the sake of stability and good business, this must be stopped because if the Conservatives lose, they won’t tear the place apart.

They were correct in that assessment, of course. The election passed and Republicans complained and used the process as best they could. The Capitol riot may have been the exception although evidence now shows it too was coordinated and some left-wing elements were involved. In the end, the idiot rioters could not have given the Left a more effective weapon.

Therefore, if the democratic processes elected Trump, it would be dangerous. So, it is far less dangerous to rig the results of the democratic process in order to save the democratic process.

Thank heaven, we have smart people in this country, who can conspire in secret and corrupt the election process, to save democracy for another day. And be thankful so many Republicans worked behind the scenes with the cabal.

Molly is there to report their exploits.

Now that we have you alerted, read her entire article.  It really will be worth your time.

Fearless and Free

“The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants. It is its natural manure.”

Thomas Jefferson

Although the Battle of Saratoga in October 1777 is often considered the turning point in the American Revolution (it brought France into the fray on the American side),the reality is that, in the years following Saratoga, the Patriot Cause suffered three crushing defeats in the South. These defeats, at Charleston, Waxhaws and Camden, all in 1780, left the Patriot Southern army in tatters and led the French to wonder whether their intervention in the war had been wise.

By this point, the Patriot Southern army had been reduced to 2,300 soldiers, of whom only about 800 were actually fit for duty. Arrayed against them was Lord Cornwallis’s powerful army consisting of more than 5,000 seasoned British regulars.

The only thing left to the Patriots was to mount lightning-quick guerrilla raids. These raids were undertaken by Francis Marion, the famed “Swamp Fox,” and by the so-called “Overmountain Men” from the frontier settlements across the Appalachians in what is now eastern Tennessee.

The Overmountain Men were in more than one sense the British Crown’s worst nightmare.

Britain had decreed in the 1760s that American settlement beyond the Appalachians was strictly forbidden. Ignoring this rule, settlers from Virginia and the Carolinas crossed the Appalachians, purchased land from the Cherokee Indian tribe in lands drained by the Holston, Watauga, and Nolichucky Rivers (now eastern Tennessee), and formed the “Watauga Association,” which in fact if not formally in name, was a republic of free men who had chosen to govern themselves totally apart from British.
rule.

The fact that the settlers had purchased the land from the Cherokee Tribe did not insulate them from attack by other Indian tribes or even by Cherokees who did not consider themselves bound by the sale. Of necessity, they became hard, violent men who were exceptionally skilled with the use of the Deckert rifle and other apparatus of war against hostile Indian tribes. At the Sycamore Shoals muster (discussed below), the Reverend Samuel Doak would tell them “Brave men, you are not unacquainted with
battle. Your hands have already been taught to war and your fingers to fight. You have wrested these beautiful valleys of the Holston and Watauga from the savage hand.”

Lord Cornwallis, stung by the raiding of the Overmountain Men east of the Appalachians, ordered Major Patrick Ferguson, a Scot and one of his best officers, to cow the Overmountain Men into submission. Ferguson freed one of the Overmountain Men who had been taken prisoner and gave him a message to take back over the Appalachians and deliver to the frontier leaders: either submit to British rule, or Ferguson would march his army over the mountains, hang their leaders, and lay waste to the country with fire and sword.

The former prisoner of war did as instructed and duly delivered the message to Isaac Shelby and Jack Sevier, the Watauga Association leaders. Far from being cowed, Shelby and Sevier used the message as a recruiting tool.

The response of the Overmountain Men was not to mount a defense, far less to surrender. Shelby and Sevier formulated a plan for an Overmountain Man army to ride over the mountains, surround Ferguson, and destroy him and his entire force. The word went out to the frontier settlements to assemble at the Sycamore Shoals of the Watauga River (now Elizabethton, Tennessee) in late September 1780 as a jumping-off point for an attack against Ferguson.

The Sycamore Shoals gathering turned out to be a military muster, religious revival and giant party all rolled into one. The frontiersmen brought their wives, children, horses and weapons to the rendezvous. Reverend Samuel Doak, a graduate of the College of New Jersey (later renamed Princeton University), gave a sermon and prayer whose inspiring words — applicable to free men and women at all times and all places, everywhere — are worth quoting at length:

“My countrymen, you are about to set out on an expedition which is full of hardships and dangers, but one in which the Almighty will attend you. The Mother Country has her hands upon you, these American Colonies, and takes that for which our fathers planted their homes in the wilderness—OUR LIBERTY.

Taxation without representation and the quartering of soldiers in the homes of our people without their consent are evidence that the Crown of England would take from its American subjects the last vestige of freedom . . . The enemy is marching hither to destroy your own homes . . . Will you tarry now until the . . . enemy carries fire and sword to your very doors? No, it shall not be. Go forth then in the strength of your manhood to the aid of your brethren, the defense of your liberty and the protection off your homes . . . Let us pray. Almighty and gracious God! Thou hast been the refuge and strength of Thy people in all ages.

In time of sorest need we have learned to come to Thee — our Rock and our Fortress . . . O God of Battle, arise in Thy might. Avenge the slaughter of Thy people. Confound those who plot for our destruction. Crown this mighty effort with victory, and smite those who exalt themselves against liberty and justice and truth. Help us as good soldiers to wield the SWORD OF THE LORD AND GIDEON. Amen.”

As commander, the Overmountain Men selected William Campbell, a six-foot, six-inch red-haired giant who was married to Patrick Henry’s sister. Other Patriot leaders, besides Shelby and Sevier, were Benjamin Cleveland, William Candler, and Joseph McDowell. Included in the ranks was John Crockett, the father of Davy Crockett. The little army amounted to just under 1,000 men.

The Overmountain Men crossed the Appalachians at Yellow Mountain Gap and began searching for Ferguson’s force, which consisted of 1,075 American Tories. Although Ferguson publicly demeaned his opponents’ prowess to his men — calling them “mongrels”, the “dregs of society” and exclaiming, “what, would you be pissed upon by these Back Water men?” — he seems to have secretly feared them and sent messages to Cornwallis requesting reinforcements. He also began a retreat in an attempt to rejoin Cornwallis’s main army.

But it was not to be. The Overmountain Men moved more swiftly than Ferguson’s force. Worried about being cut off, Ferguson established a defensive position on King’s Mountain, a long, wooded ridge in northwestern South Carolina. The battle began at about 3 pm on October 7, 1780. The order to the Overmountain Men was to “shout like hell and fight like devils.” Fighting Indian style, they took shelter behind trees and boulders and sprayed the top of the ridge with deadly accurate rifle fire. Ferguson’s men responded with volley fire from their muskets and occasional bayonet charges. Slowly but surely, the noose tightened around Ferguson and his men as the Overmountain Men swarmed up the moderate slopes, reloading and shooting as they moved. Ferguson, riding a white charger, was an easy target. He was riddled with at least seven shots. Seeing their leader killed, the Tory army began surrendering. The battle ended at about 4 pm.

Perhaps having been told of Ferguson’s comment, “what, would you be pissed upon by these Back Water men,” a number of Overmountain Men urinated on Ferguson’s body before burying it.

The British/Tory forces suffered 244 killed, 163 wounded, and 668 taken prisoner. Casualties among the Overmountain Men were 29 killed and 58 wounded. The prisoners were not treated kindly. Campbell had to issue orders to his officers to “restrain the disorderly manner of slaughtering . . . the prisoners.” Some of the prisoners were put on trial for various atrocities they had committed while serving under British command. Nine were hung. One of the Overmountain Men “wished to God every tree in the wilderness bore fruit such as this!” Their task completed, the Overmountain Men crossed back over the mountains to their Tennessee settlements.

Arguably, the battle of King’s Mountain, not Saratoga, was the real turning point of the American Revolution. Sir Henry Clinton, the supreme commander of British military forces in North America, seems to have thought so. He wrote in his memoirs that King’s Mountain was “the first link in a chain of evil events that followed each other in regular succession until they at last ended in the total loss of America.” Barely over one year later, on October 19, 1781, Cornwallis surrendered his entire army at Yorktown, effectively ending the American Revolution.

If there is a lesson to be learned from King’s Mountain, it is that free, liberty-loving people must at times organize themselves to fight and resist those who would strip them of their lives, liberty, and property. Right now the struggle is primarily political and what we are being asked to do is little compared to what our forefathers did for the cause of liberty.

In these times of “defund the police,” we should be aware that we, too, if deprived of our police protection, may find it necessary to organize into a militia if that is the only way we can protect our lives, liberty, and property against those who would seek to deprive us of those inalienable rights. At such times, we will need to wield as good soldiers the SWORD OF THE LORD AND GIDEON.

*****

Sources: Almost a Miracle, John Ferling (Oxford University Press, 2007); A Guide to
the Battles of the American Revolution, Theodore P. Savas and J. David Dameron (Savas Beatie LLC, 2006)

The Decline and Fall of the National Rifle Association

You could make a plausible argument that the National Rifle Association (NRA) was responsible for Donald Trump winning the election in 2016. They spent over $50 million on the 2016 election, of which over $31 million was for Trump, with the most important part being ads in swing states in the final weeks before election day.

You could also make a plausible argument that the NRA was responsible for Donald Trump losing the 2020 election. While the NRA had been a major factor in 2016, they were essentially non-participants in 2020. Their total spending on the 2020 election (federal and state, all offices) was $29 million, less than they had spent for Trump alone four years earlier. About $17 million of that was spent on ads either supporting Trump, or opposing Biden without mentioning Trump.

The NRA recently declared bankruptcy, and the Attorney General of New York (where the NRA is incorporated) is trying very hard to put them out of business completely. Opponents of the rights to keep (own) arms and to bear (carry) arms have been gleefully predicting the demise of the NRA for decades, but this time, they may be right. There is a very real possibility that the NRA may cease to exist.

What happened?

The NRA was formed in 1871 in New York (then a gun-friendly place). The organization’s purpose was to provide marksmanship training to American civilians, so that when called to active duty, they would not be as incompetent with rifles as they had been in the recent American Civil War. At that time, “a nation of marksmen” was still deemed to be a worthy aspiration. A state militia system – well-regulated (i.e., well-trained) citizen soldiers – was still deemed to be preferable to a standing army. Then, as at the founding a century earlier, a strong standing army was deemed to be a threat to freedom, as a President with ambition to be a tyrant could order the army to “turn its guns inward” to subjugate the citizen

Individual self-defense against criminal attack was not a consideration, nor was resistance to tyranny. Volunteering in time of war against foreign enemies was considered to be a man’s patriotic duty. Nor was lobbying against anti-gun legislation a consideration in the NRA’s formation. There was no anti-Second Amendment legislation; it was universally understood that Americans (albeit, only white Americans) had the individual rights to own and carry guns.

The NRA’s mechanism for training Americans in riflery was organized competition. Participation in rifle competitions became one of the most popular sports in the country. Over time, the organizers lost track of the mission of preparing men for war, and competition became an end in itself. Shooting became more sport and less training.

In the 1920s, Prohibition gave rise to violent gangs of bootleggers. In the 1930s, the Great Depression gave rise to violent gangs of bank robbers. The St. Valentine’s Day Massacre so outraged the public that it became the catalyst for the modern “gun control” movement. Congress, under pressure to “do something,” decided that the way to curtail gang violence was to prohibit those guns favored by gangsters – machine guns, sawed-off shotguns and rifles, and handguns. The NRA objected to prohibiting handguns which were used in NRA competitions and got handguns removed from the “evil guns” list, but the target-shooting competitors heading up the NRA fully supported severely restricting machine guns and short-barreled shotguns and rifles, because those were not used in the NRA’s organized competitions. The NRA showed no interest in protecting the rights to keep and bear arms for individual self-defense or protection against oppressive government; their only interest was “sporting purpose.”

Another crime wave came along in the ‘60s. The government focused again on the guns, not the criminals. They determined that the cause of all the violent crime was the prevalence of “Saturday Night Specials,” a colloquial term generally meaning “low-priced, low-quality, underpowered, unreliable handguns favored by urban criminals (i.e., people with dark skin).” The sportsmen at the NRA enthusiastically supported the Gun Control Act of 1968, because such guns were not the sort those gentlemen used in their target-shooting competitions. Plus, American manufacturers were happy to eliminate competition from foreign manufacturers. Again, “sporting purpose,” which is completely irrelevant to the purpose of the Second Amendment, took precedence over individual self defense and defense against government oppression. As a consequence of the Gun Control Act of 1968, criminals now are forced to use high-quality, more powerful, and more reliable guns. Thanks, Congress!

Everything changed at the NRA’s annual meeting in Cincinnati in 1977, the “Cincinnati Revolt.” Up to that point, the NRA had been run by “sportsmen” – target shooters and hunters. In Cincinnati, the gun rights faction took over, led by Harlon Carter and especially, Neal Knox. The NRA became primarily a gun rights organization, emphasizing lobbying and grassroots political action, intent on preserving the rights of individual self defense and the ability to own guns as a deterrent to government misadventure. The “NRA gun rights lobby” is the NRA with which most of us are familiar – the NRA that tyrant wanna-bees like Bloomberg and Schumer excoriate for objecting to ‘reasonable” laws (i.e., the infringement prohibited by the Second Amendment).

But, no sooner had Knox come to power than the counter-revolution began. The sportsmen removed Knox as head of the NRA’s Institute for Legislative Action (ILA) in 1982. In 1991, the NRA board hired Wayne La Pierre as its Executive Director. Knox recalled that at La Pierre’s first board meeting, he promised that he would make the NRA into the nation’s “leading fund-raising organization.” That concerned Knox, because he had been under the impression that the NRA should be the “leading gun rights organization.”

At the 1997 annual meeting, Neal Knox had “moved through the chairs” and was scheduled to become the President of the NRA. However, he was unceremoniously “canceled,” in favor of actor Charlton Heston. When he attempted to speak, board member Marian Hammer cut off his microphone. (In Heston’s first radio interview, he declared that Americans did not have the right to own AK-47s, because AK-47s were not suitable for hunting deer, as if the Second Amendment had something to do with hunting.) At that point, the decline of the NRA was inevitable.

In 2018, the NRA sued the state of New York for “blacklisting” them. Governor Cuomo had sent letters to banks and insurance companies urging them to “reconsider” doing business with the NRA. That was Mafia-style pressure. “Nice bank you have here. It would be a shame if you should run into problems in your next audit. You don’t want to do business with the NRA, do you?” That blacklisting really did hurt the NRA’s ability to operate – quite seriously. They have a very good chance of winning that lawsuit. The question is whether the win will come too late.

Since the 1980s, the NRA had employed the public relations firm of Ackerman McQueen (“Ack-Mac”). The NRA was Ack-Mac’s biggest client – in fact, its primary client. In 2017, the NRA paid over $42 million in fees to Ack-Mac. Some members suspected that the NRA was using Ack-Mac to launder money, by charging off misappropriated funds (like expensive vacations) as “public relations fees.” Then, in 2019, the guacamole hit the windmill. After a decades-long mutually profitable relationship, the NRA sued (and fired) Ack-Mac, accusing them of overbilling. Ack-Mac countersued, alleging defamation. Wayne La Pierre and his supporters purged those board members who questioned the self-dealing and money-laundering. What happened? What caused them to turn on each other? So far, nobody knows.

Simultaneously, the Attorney General of New York sued the NRA, alleging that they violated their charter, and demanding that the organization be shut down. As a 501(c)(4) charitable organization (one to which donations are not deductible, but whose income is non-taxable), the NRA has a fiduciary duty to use the members’ money prudently. New York alleges that Executive Vice President Wayne LaPierre, general counsel John Frazer, former CFO Woody Phillips and former chief of staff Joshua Powell (and others) used the NRA as their personal piggy bank, spending funds for personal expenses, giving contracts to friends and relatives, and issuing contracts to former employees to ensure their loyalty, to the tune of millions and millions of dollars. (Expensive clothes being the most titillating, but least in dollar amount.)

La Pierre counters that New York’s allegations are politically motivated. No doubt they are. However, what he did not say is that the allegations are false, effectively admitting that they are true. La Pierre gave the New York AG the ammunition to pursueher political agenda.

Sadly, executives of charities dipping into the cookie jar is not a new thing (see, for example, the American Red Cross and the Nature Conservancy), but the remedy for such malfeasance is not shutting down the organization (which cannot be in the members’ best interest), but requiring reimbursement, forcing the cheaters to resign, and fining and/or imprisoning the cheaters. That New York wants to shut down the NRA is strong evidence of political motivation; nevertheless, the allegations appear to be true.

Recently, the NRA filed for bankruptcy, but on the same day, they assured their members that the NRA is in solid financial shape. But if they are financially solvent, why did they tell the court that they are financially insolvent? Why should the court grant their petition to be declared bankrupt if they themselves say they are not?

So, what will happen next with the NRA? Many members had been hoping that Wayne La Pierre would resign at the most recent annual meeting. He is 70 years old; he has been paid enough over the years that he should have saved up an ample nest egg. He has a $4 million retirement plan, and a $17 million post-employment consulting contract. However, he announced his intention to stay on, to the dismay of many members.

My personal prediction is that the NRA will wither away and be no more, like Trans World Airlines, the Women’s Christian Temperance Union and the Whig Party. On the other hand, I predicted that Hillary Clinton would win in 2016 and Donald Trump would win in 2020, so my track record is not great.

Maybe the NRA will rise from the ashes and become effective again. Maybe a new organization will come along to pick up the torch.

I can predict with 100% accuracy, though, that although I am a Benefactor Member, I will not be sending any money to the NRA so long as Wayne La Pierre is a part of the organization in any capacity.

Nowadays, my donations go to Jews for the Preservation of Firearms Ownership (JPFO), the Second Amendment Foundation, and the lobbyists that so far have been very effective in Arizona, the Arizona Citizens Defense League (AzCDL).

The Catastrophic Impact of Covid Forced Societal Lockdowns

The present Covid-inspired forced lockdowns on business and school closures are and have been counterproductive, not sustainable and are, quite frankly, meritless and unscientific. They have been disastrous and just plain wrong! There has been no good reason for this. These unparalleled public health actions have been enacted for a virus with an infection mortality rate (IFR) roughly similar (or likely lower once all infection data are collected) to seasonal influenza. Stanford’s John P.A. Ioannidis identified 36 studies (43 estimates) along with an additional 7 preliminary national estimates (50 pieces of data) and concluded that among people <70 years old across the world, infection fatality rates ranged from 0.00% to 0.57% with a median of 0.05% across the different global locations (with a corrected median of 0.04%). Let me write this again, 0.05%. Can one even imagine the implementation of such draconian regulations for the annual flu? Of course not! Not satisfied with the current and well-documented failures of lockdowns, our leaders are inexplicably doubling and tripling down and introducing or even hardening punitive lockdowns and constraints. They are locking us down ‘harder.’ Indeed, an illustration of the spurious need for these ill-informed actions is that they are being done in the face of clear scientific evidence showing that during strict prior societal lockdowns, school lockdowns, mask mandates, and additional societal restrictions, the number of positive cases went up! No one can point to any instance where lockdowns have worked in this Covid pandemic.

It is also noteworthy that these irrational and unreasonable restrictive actions are not limited to any one jurisdiction such as the US, but shockingly have occurred across the globe. It is stupefying as to why governments, whose primary roles are to protect their citizens, are taking these punitive actions despite the compelling evidence that these policies are misdirected and very harmful; causing palpable harm to human welfare on so many levels. It’s tantamount to insanity what governments have done to their populations and largely based on no scientific basis. None! In this, we have lost our civil liberties and essential rights, all based on spurious ‘science’ or worse, opinion, and this erosion of fundamental freedoms and democracy is being championed by government leaders who are disregarding the Constitutional (USA) and Charter (Canada) limits to their right to make and enact policy. These unconstitutional and unprecedented restrictions have taken a staggering toll on our health and well-being and also target the very precepts of democracy; particularly given the fact that this viral pandemic is no different in overall impact on society than any previous pandemics. There is simply no defensible rationale to treat this pandemic any differently.

There is absolutely no reason to lock down, constrain and harm ordinarily healthy, well, and younger or middle-aged members of the population irreparably; the very people who will be expected to help extricate us from this factitious nightmare and to help us survive the damages caused by possibly the greatest self-inflicted public health fiasco ever promulgated on societies. There is no reason to continue this illogical policy that is doing far greater harm than good. Never in human history have we done this and employed such overtly oppressive restrictions with no basis. A fundamental tenet of public health medicine is that those with actual disease or who are at great risk of contracting disease are quarantined, not people with low disease risk; not the well! This seems to have been ignored by an embarrassingly large number of health experts upon whom our politicians rely for advice. Rather we should be using a more ‘targeted’ (population-specific age and risk) approach in relation to the implementation of public health measures as opposed to the inelegant and shotgun tactics being forced upon us now. Optimally, the key elements for modern public health include refraining from causing societal disruption (or at most, minimally) and to ensure freedom is maintained in the advent of pathogen emergence while concurrently protecting overall health and well-being. We also understand that at the outset of the pandemic there was little to no reliable information regarding SARS CoV-2. Indeed, initial case fatality rate (CFR) reports were staggeringly high and so it made sense, earlier, to impose strict lockdowns and other measures until such a time as the danger passed or we understood more clearly the nature of this virus, the data, and how it might be managed. But why would we continue this way and for so long once the factual characteristics of this virus became evident and as alluded to above, we finally realized that its infection fatality rate (IFR) which is a more accurate and realistic reflection of mortality than CFR, was really no worse than annual influenza? Governments and medical experts continuing to cite CFR are deeply deceitful and erroneous and meant to scare populations with an exaggerated risk of death. The prevailing opinion of our experts and politicians seems to be to “stop Covid at all costs.” If so, this is a highly destructive, illogical, and unsound policy and flies in the face of all accepted concepts related to modern public health medicine. Unfortunately, it seems that our political leadership is still bound to following the now debunked and discredited models of pandemic progression, the most injurious and impactful model having been released upon the world in the form of the Imperial College Ferguson model that was based on untested fictional projections and assumptions that have been flat wrong. These models used inaccurate input and were fatally flawed.

How Did We Get Here?

Let us start with a core position that just because there is an emergency situation, if we cannot stop it, this does not provide a rationale for instituting strategies that have no effect or are even worse. We have to fight the concept that if there’s truly nothing we can do to alter the course of a situation (e.g., disease), we still have to do something even if it’s ineffective! Moreover, we do not implement a public health policy that is catastrophic and not working, and then continue its implementation knowing it is disastrous. Let us also start with the basic fact that the government bureaucrats and their medical experts deceived the public by failing to explain in the beginning that everyone is not at equal risk of severe outcome if infected. This is a key Covid omission and this omission has been used tacitly and wordlessly to drive hysteria and fear. Indeed, the public still does not understand this critically important distinction. The vast majority of people are at little if any risk of severe illness and yet these very people are needlessly cowering in fear because of misinformation and, sadly, disinformation. Yet, lockdowns did nothing to change the trajectory of this pandemic, anywhere! Indeed, it’s highly probable that if lockdowns did anything at all to change the course of the pandemic, they extended our time of suffering.

What are The Effects of Lockdowns on the General Population?

On the basis of actuarial and real-time data we know that there are tremendous harms caused by these unprecedented lockdowns and school closures. These strategies have devastated the most vulnerable among us – the poor – who are now worse off. It has hit the African-American, Latino, and South Asian communities devastatingly. Lockdowns and especially the extended ones have been deeply destructive. There is absolutely no reason to even quarantine those up to 70 years old. Readily accessible data show there is near 100% probability of survival from Covid for those 70 and under. This is why the young and healthiest among us should be ‘allowed’ to become infected naturally, and spread the virus among themselves. This is not heresy. It is classic biology and modern public health medicine! And yes, we are referring to ‘herd immunity,’ the latter condition which for reasons that are beyond logic is being touted as a dangerous policy despite the fact that herd immunity has protected us from millions of viruses for tens of thousands of years. Those in the low to no risk categories must live reasonably normal lives with sensible common-sense precautions (while doubling and tripling down with strong protections of the high-risk persons and vulnerable elderly), and they can become a case ‘naturally’ as they are at almost zero risk of subsequent illness or death. This approach could have helped bring the pandemic to an end much more rapidly as noted above, and we also hold that the immunity developed from a natural infection is likely much more robust and stable than anything that could be developed from a vaccine. In following this optimal approach, we will actually protect the highest at risk amongst us.

Where has Common Sense and True Scientific Thought Gone?

There appears to be a surfeit of panic but a paucity of logic and common sense when it comes to advising our politicians and the public in relation to the pandemic. We hear often misleading information from hundreds of individuals who either hold themselves out as being infallible medical experts or are crowned as such by mainstream media. And we are bombarded relentlessly with their ill-informed, often illogical, and unempirical advice on a 24/7 basis. Much of the advice can only be described as being intellectually dishonest, absurd, untethered from reality and devoid of common sense. They exhibit a kind of academic sloppiness and cognitive dissonance that ignores key data or facts, while driving a sense of hopelessness and helplessness among the public. These ‘experts’ seem unable to read the science or simply do not understand the data, or seem blinded by it. They and our government leaders talk about “following the science” but do not appear to understand the science enough in order to apply the knowledge towards the decision-making process (if there are processes, that is; most political mandates appear random at best and capricious at worst). These experts have lost all credibility. And all this despite the fact that our bureaucrats now have had at their disposal nearly one year of data and experience to inform their decision-making and despite this they continue to listen to the nonsensical advice they receive from people who are not actually experts. Consequently, we are now faced with a self-created medical and societal disaster with losses that might never be reversed.

Sadly, when faced with rational arguments that run counter to the near religiously held beliefs, which hold that lockdowns save lives, bureaucrats and medical experts act as ideological enforcers. They attack anyone who disagrees with them and even use the media as their attack dogs once their fiats are questioned. Even more egregious are the often successful actions aimed at destroying the reputations of anyone holding diverse views related to the Covid pandemic. There is also no interest or debate on the crushing harms on societies caused by decrees made by ideologues. The everyday clinicians and nurses at the forefront of the battle are our real heroes and we must never forget and confuse these Praetorian vanguards with the unempirical and often reckless ‘medical experts.’ We hold that the very essence of science and logical thought includes the ability and in fact the responsibility to challenge (reasonably) currently held dogmas; a philosophy that appears to be anathema to our leaders and their advisors.

Current Data Concerning Lockdown Effects

Let us start with the staggering statement by Germany’s Minister of Economic Cooperation and Development, Gerd Muller, who has openly cautioned that global lockdown measures will result in the killing of more people than Covid itself. A recent Lancet study reported that government strategies to deal with Covid such as lockdowns, physical distancing, and school closures are worsening child malnutrition globally, whereby “strained health systems and interruptions in humanitarian response are eroding access to essential and often life-saving nutrition services.”

What is the actual study-level/report evidence in terms of lockdowns? We present 31 high-quality sources of evidence below for consideration that run the gamut of technical reports to scientific manuscripts (including several under peer-review, but which we have subjected to rigorous review ourselves). We set the table with this, for the evidence emphatically questions the merits of lockdowns, and shows that lockdowns have been an abject failure, do not work to prevent viral spread and in fact cause great harm. This proof includes: evidence from Northern Jutland in Denmark, country level analysis by Chaudhry, evidence from Germany on lockdown validity, UK research evidence, Flaxman research on the European experience, evidence originating from Israel, further European lockdown evidence, Western European evidence published by Meunier, European evidence from ColomboNorthern Ireland and Great British evidence published by Rice, additional Israeli data by Shlomai, evidence from Cohen and Lipsitch, Altman’s research on the negative effectsDjaparidze’s research on SARS-CoV-2 waves across Europe, Bjørnskov’s research on the economics of lockdowns, Atkeson’s global research on nonpharmaceutical interventions (NPIs), Belarusian evidence, British evidence from Forbes on spread from children to adults, Nell’s PANDATA analysis of intercountry mortality and lockdowns, principal component analysis by De Larochelambert, McCann’s research on states with lowest Covid restrictions, Taiwanese research, Levitt’s research, New Zealand’s research, Bhalla’s Covid research on India and the IMF, nonpharmaceutical lockdown interventions (NPIs) research by Ioannidis, effects of lockdowns by Herby, and lockdown groupthink by Joffe. The American Institute for Economic Research (AIER) further outlines prominent public health leaders and agencies’ positions on societal lockdowns, all questioning and arguing against the effectiveness of lockdowns.

A recent pivotal study from Stanford University looking at stay-at-home and business closure lockdown effects on the spread of Covid by Bendavid, Bhattacharya, and Ioannidis examined restrictive versus less restrictive Covid policies in 10 nations (8 countries with harsh lockdowns versus two with light public health restrictions). They concluded that there was no clear benefit of lockdown restrictions on case growth in any of the 10 nations.

Key seminal evidence arguing against lockdowns and societal restrictions emerged from a recent quasi-natural experiment (case-controlled experimental data) that emerged in the Northern Jutland region in Denmark. Seven of the 11 municipalities (similar and comparable) in the region went into extreme lockdown that involved a travel ban across municipal borders, closing schools, the hospitality sector and other settings and venues (in early November 2020) while the four remaining municipalities employed the usual restrictions of the rest of the nation (moderate). Researchers reported that reductions in infection had occurred prior to the lockdowns and also decreased in the four municipalities without lockdowns. Conclusion: surveillance and voluntary compliance make lockdowns essentially meaningless.

Moreover, in a similarly comprehensive analysis of global statistics regarding Covid, carried out by Chaudhry and company involved assessment of the top 50 countries (ranked as having the most cases of Covid) and concluded that “rapid border closures, full lockdowns, and widespread testing were not associated with Covid mortality per million people.” Conclusion: there is no evidence that the restrictive government actions saved lives.

A very recent publication by Duke, Harvard, and Johns Hopkins researchers reported that there could be approximately one million excess deaths over the next two decades in the US due to lockdowns. These researchers employed time series analyses to examine the historical relation between unemployment, life expectancy, and mortality rates. They report in their analysis that the shocks to unemployment are then followed by significant rises (statistically) in mortality rates and reductions in life expectancy. Alarmingly, they approximate that the size of the Covid-19-related unemployment to fall between 2 and 5 times larger than the typical unemployment shock, and this is due to (associated with) race/gender. There is a projected 3.0% rise in the mortality rate and a 0.5% reduction in life expectancy over the next 10 to 15 years for the overall American population and due to the lockdowns. This impact they reported will be disproportionate for minorities e.g. African-Americans and also for women in the short term, and with more severe consequences for white males over the longer term. This will result in an approximate 1 million additional deaths during the next 15 years due to the consequences of lockdown policies. The researchers wrote that the deaths caused by the economic and societal deterioration due to lockdowns may “far exceed those immediately related to the acute Covid-19 critical illness…the recession caused by the pandemic can jeopardize population health for the next two decades.”

Overall, the research evidence alluded to here (including a lucid summary by Ethan Yang of the AIER) suggests that lockdowns and school closures do not lead to lower mortality or case numbers and have not worked as intended. It is clear that lockdowns have not slowed or stopped the spread of Covid. Often, effects are artifactual and superfluous as declines were taking place even before lockdowns came into effect. In fact, in Europe, it was shown that in most cases, mortality rates were already 50% lower than peak rates by the time lockdowns were instituted, thus making claims that lockdowns were effective in reducing mortality spurious at best. Of course, this also means that the presumptive positive effects of lockdowns were and have been exaggerated grossly. Evidence shows that nations and settings that apply less stringent social distancing measures and lockdowns experience the same evolution (e.g. deaths per million) of the epidemic as those that apply far more stringent regulations.

What does this all mean?

As a consequence of their (hopefully) well-intended actions, our governments along with their medical experts have created a disaster for people. It means that the public’s trust has been severely eroded. Lockdowns are not an acceptable long-term strategy, have failed and have severely impacted populations socially, economically, psychologically, and health wise! Future generations would be crippled by these actions. The policies have been poorly thought out and are economically unsustainable and there is a massive cost to it as it is highly destructive. Our children and younger people are going to be shouldered with the indirect but very real harms and costs of lockdowns for a generation to come at least.

What are the real impacts on populations from these disastrous restrictive policies? Well, the poorer among us have been at increased risk from deaths of despair (e.g. suicides, opioid-related overdoses, murder/manslaughter, severe child abuse etc.). Politicians, media, and irrational medical experts must stop lying to the public by only telling stories of the suffering from Covid while ignoring the catastrophic harms caused by their decree actions. Lives are being ruined and lost and businesses are being destroyed forever. Lower-income Americans, Canadians, and other global citizens are much more likely to be compelled to work in unsafe conditions. These are employees with the least bargaining power, tending to be minority, female, and hourly paid employees. Moreover, Covid has revealed itself as a disease of disparity and poverty. This means that black and minority communities are disproportionately affected by the pandemic itself and they take a double hit, being additionally and disproportionately ravaged by the effects of the restrictive policies.

Why would we impose more catastrophic restrictive policies when they have not worked? We even have government leaders now enacting harder and even more draconian lockdowns after admitting that the prior ones have failed. These are the very experts and leaders making societal policies and demands without them having to experience the effects of their policies. There is absolutely no good justification for what was done and continues to be done to societies, when we know of the very low risk of severe illness from Covid for vast portions of societies! We do not need to destroy our societies, the lives of our people, our economies, or our school systems to handle Covid. We cannot stop Covid at all costs!

How is Population Health and Well-being in the US Affected by Current Public Health Measures?

Businesses have closed and many are never to return, jobs have been lost, and lives ruined and more of this is on the way; meanwhile, we have seen an increase in anxiety, depression, hopelessness, dependency, suicidal ideation, financial ruin, and deaths of despair across societies due to the lockdowns. For example, preventive healthcare has been delayed. Life-saving surgeries and tests/biopsies were stopped across the US. All types of deaths escalated and loss of life years increased across the last year. Chemotherapy and hip replacements for Americans were sidelined along with vaccines for vaccine-preventable illness in children (approximately 50%). Thousands may have died who might have otherwise survived an injury or heart ailment or even acute stroke but did not seek clinical or hospital help out of fear of contracting Covid.

Specifically, and based on CDC reporting (and generalizable to global nations), during the month of June in the US, approximately 25% (1 in 4) Americans aged 18-24 considered suicide not due to Covid, but due to the lockdowns and the loss of freedom and control in their lives and lost jobs etc. There were over 81,000 drug overdose deaths in the 12 months ending in May 2020 in the US, the most ever recorded in a 12-month period. In late June 2020, 40% of US adults reported that they were having very difficult times with mental health or substance abuse and linked to the lockdowns. Approximately 11% of adults reported thoughts of suicide in 2020 compared to approximately 4% in 2018. During April to October 2020, emergency room visits linked to mental health for children aged 5-11 increased near 25% and increased 31% for those aged 12-17 years old as compared to 2019. During June 2020, 13% of survey respondents said that they had begun or substantially increased substance use as a means to cope day-to-day with the pandemic and lockdowns. Over 40 states reported rises in opioid-related deaths. Roughly 7 in 10 Gen-Z adults (18-23) reported depressive symptoms from August 4 to 26. There is a projected decrease in life expectancy by near 6 million years of life in US children due to the US primary school closure. These are some of the real harms in the US and we have not even discussed the devastation falling upon other nations. From June to August 2020, homicides increased over 50% and aggravated assaults increased 14% compared to the same period in 2019. Diagnosis for breast cancer declined 52% in 2020 compared to 2018. Pancreatic cancer diagnosis declined 25% in 2020 compared to 2018. The diagnosis for 6 leading cancers e.g. breast, colorectal, lung, pancreatic, gastric, and esophageal declined 47% in 2020 compared to 2018. From March 25 and April 10 in the US, “nearly one-third of adults (31.0 percent) reported that their families could not pay the rent, mortgage, or utility bills, were food insecure, or went without medical care because of the cost.”

Sadly, the very elderly we seek to protect the most are being decimated by the lockdowns and restrictions imposed at the nursing/long-term/assisted-living/care homes they reside in. Just look at the death and disaster New York has endured under Governor Andrew Cuomo with the nursing home deaths and the Department of Health (DOH) Covid reporting. The Attorney General Letitia James deserves credit for her bravery, for it brings to light not only a very dark day in New York’s history with Covid but that of the US on the whole given that New York and the accrued deaths make up such a large proportion of all deaths in the US and nursing homes from Covid-19. Deaths as per James may be at least 50% higher than was reported by Cuomo. Cuomo’s policy to send hospitalized Covid patients back to the nursing homes was catastrophic and caused many deaths. Gut wrenchingly, across the US nursing homes, reports are showing that the restrictions from visitations and normal routines for our seniors in these settings have accelerated the aging process, with many reports of increased falls (often with fatal outcomes) due to declining strength and loss of ability to adequately ambulate. Dementia is escalating as the rhyme and rhythm of daily life is lost for our precious elderly in these nursing homes, long-term care (LTC), and assisted-living homes (AL) and there is a sense of hopelessness and depression with the isolation from restricting the irreplaceable interaction with loved ones.

The truth also is that many children – and particularly those less advantaged – get their main needs met at school, including nutrition, eye tests and glasses, and hearing tests. Importantly, schools often function as a protective system or watchguard for children who are sexually or physically abused and the visibility of it declines with school closures. Due to the lockdowns and the lost jobs, adult parents are very angry and bitter, and the stress and pressure in the home escalates due to lost jobs/income and loss of independence and control over their lives as well as the dysfunctional remote schooling that they often cannot optimally help with. Some tragically are reacting by lashing out at each other and their children. There are even reports that children are being taken to the ER with parents stating that they think they may have killed their child who is unresponsive. In fact, since the Covid lockdowns were initiated in Great Britain as an example, it has been reported that incidence of abusive head trauma in children has risen by almost 1,500%!

In addition, the widespread mass testing of asymptomatic persons in a society is very harmful to public health. The key metric is not the number of new active cases (i.e. positive PCR test results) being reported and misrepresented by the vocal experts and media, but rather what are the hospitalizations that result, the ICU bed use, the ventilation use, and the deaths. We only become concerned with a new ‘case’ if the person becomes ill. If you are a case but do not get ill or at very low risk of getting ill, what does it matter if the high risk and elderly are already properly secured? It is also remarkable that while hospitals had nearly 10-11 months to prepare for the putative second wave of Covid, why do these healthcare institutions claim to be unprepared? Are the lockdowns and the resulting loss of businesses, jobs, homes, lives, and anguish that result, really due to government’s failures? And what are the reasons for the mass hysteria when most data show that whether prepared or not, most hospitals are not experiencing any more strain on their capacity than seen in most normal flu seasons? Why the misleading information to the public? This makes absolutely no sense.

Are we anywhere ahead today? In no way and we are much worse off today. So why not allow people to make common sense decisions, take precautions, and go on with their daily lives? We know that children 0-10 years or so have a near zero risk of death from Covid (with a very small risk of spreading Covid in schools, spreading to adults, or taking it home). We know that persons 0-19 years have an approximate 99.997 percent likelihood of survival, those 20-49 have roughly a 99.98 percent probability of survival, and those 50-69/70 years an approximate 99.5 percent risk of survival. But this ‘good news’ data is never reported by the media and “experts.” Covid is less deadly for young people/children than the annual flu and more deadly for older people than the flu. We must not downplay this virus and it is different to the flu and can be catastrophic for the elderly. However, the vast majority of people (reasonably healthy persons) do not have any substantial risk of dying from Covid. The risk of severe illness and death under 70 years or so is vanishingly small. We do not lock a nation down for such a low death rate for persons under 70 years of age, especially if they are reasonably healthy people. We target the at-risk and allow the rest of society to function with reasonable precautions and we move to safely reopen society and schools immediately. Moreover, and this cannot be overstated, there are available early treatments for Covid that would reduce hospitalization and death by at least 60-80% as we will discuss below.

Early Multidrug Therapy for Covid Reduces Hospitalization and Death

We must take common-sense mitigation precautions as we go on with life. This does not mean we stop life altogether! This does not mean we destroy the society to stop each case of Covid! We must let people get back to normal life. In fact, the most important information that is being withheld, bizarrely, from the US population is that there are safe and effective treatments for Covid! And most importantly we now know how to treat Covid much more successfully than at the outset of the pandemic. This therapeutic nihilism is very troubling given there are therapeutics that while each on their own could not be considered as being a ‘silver bullet,’ they can be used on a multidrug basis or as a ‘cocktail’ approach akin to treatment of AIDS and so many other diseases! This includes responding proactively to higher-risk populations (in private homes or in nursing homes) who test positive for SARS CoV-2 or have symptoms consistent with Covid by intervening much earlier (even offering early outpatient sequenced/combined drug treatment to prevent decline to severe illness while the illness is still self-limiting with mild flu-like illness). Early home treatment (championed by research clinicians such as McCullough, Risch, Zelenko, and Kory) ideally on the first day (including but not limited to anti-infectives such as doxycycline, ivermectin, favipiravir, and hydroxychloroquine, corticosteroids, and anti-platelet drugs that are safe, cheap, and effective) that is sequenced and via a multi-drug approach, have been shown to convincingly reduce hospitalization by 85% and death by 50%.

The key is starting treatment very early (outpatient/ambulatory) in the disease sequelae (ideally on the 1st day of symptoms emergence to within the first 5 days) before the person/resident has worsened. This early treatment approach holds tremendous utility for high-risk elderly residents in our nursing homes and long-term care/assisted-living facilities, including within their private homes, who are often told to ‘wait-and-see’ and all the while they worsen and survival becomes more problematic. We are talking about using drugs that are used in-hospital but we argue must be started much earlier in high-risk persons. This demands that governments and healthcare systems/medical establishments paralyzed with nihilism step back and allow frontline doctors the clinical decision-making and discretion as before in how they treat their Covid-19 high-risk patients. From where we started 9 to 11 months ago in the US (and Canada, Britain, and other nations), between the therapeutics and an early outpatient treatment approach, this is very good news! We must also not discount the potential damage to normally healthy immune systems that have not been locked down like this before but which otherwise could be expected to fight infection effectively in younger individuals at the least. We have to be concerned about the immune systems of our children that are normally healthy and functional and we have no idea how their immune systems will function into the future given these far-reaching restrictions.

Conclusion

In conclusion, given the cogent argument by Dr. Scott Atlas on the failure of lockdowns and school closures globally and the totality of the evidence presented above and AIER’s troubling compilation of the crushing harms of lockdowns, it is way past time to end the lockdowns and get life back to normal for everyone but the higher-risk among us. It is time we target efforts to where they are beneficial. Such targeted measures geared to specific populations can protect the most vulnerable from Covid, while not adversely impacting those not at risk. Why? Because we know better who is at risk and should take sensible and reasonable steps to protect them. Alarmingly, President Biden has already stated that there is nothing that can be done to stop the trajectory of the pandemic, yet fails to recognize that across the US, cases are already falling markedly, even going as far to warn of more deaths. More incredulous is that those in charge and particularly the ‘medical experts’ continue to fail to admit they were very very wrong. They were all wrong in what they advocated and implemented and are trying now to lay the blame on those of us who looked at the data and science and reflected and weighed the benefits as well as harms of the policies. They are blaming those of us who opposed lockdowns and school closures. They are using the tact that since you opposed these illogical and unreasonable restrictions and mandates, then it caused the failures, thus pretending and not admitting that their policies are indeed the reason for the catastrophic societal failures. Not our opposition and arguments against the specious and unsound policies.

It is very evident to populations that lockdown policies have been extraordinarily harmful. It is way past time to end these lockdowns, these school closures, and these unscientific mask mandates (see State-by-State listing) as they have a very limited benefit but more importantly are causing serious harm with long-term consequences, and especially among those least able to withstand them! Indeed, the Federalist published a very comprehensive description showing how masks do nothing to stop Covid spread. There is no justifiable reason for this and government leaders must stop this now given the severe and long-term implications! Donald A. Henderson, who helped eradicate smallpox, gave us a road map that we have failed to follow here, when he wrote about the 1957-58 Asian Flu pandemic and stated “The pandemic was such a rapidly spreading disease that it became quickly apparent to U.S. health officials that efforts to stop or slow its spread were futile. Thus, no efforts were made to quarantine individuals or groups, and a deliberate decision was made not to cancel or postpone large meetings such as conferences, church gatherings, or athletic events for the purpose of reducing transmission. No attempt was made to limit travel or to otherwise screen travelers. Emphasis was placed on providing medical care to those who were afflicted and on sustaining the continued functioning of community and health services.”

Dr. Henderson along with Dr. Thomas Inglesby also wrote, “Experience has shown that communities faced with epidemics or other adverse events respond best and with the least anxiety when the normal social functioning of the community is least disrupted. Strong political and public health leadership to provide reassurance and to ensure that needed medical care services are provided are critical elements. If either is seen to be less than optimal, a manageable epidemic could move toward catastrophe.” Overall, they messaged that several options exist for governments of free societies to use to mitigate the spread of pathogens (traditional public health responses which are less intrusive and disturbing) but closing down the society or parts of it is not one of them. These experts never championed or endorsed lockdowns as a strategy when confronting epidemics or pandemics for they knew and articulated the devastation that would fall upon societies that were in many instances potentially irrecoverable.

As Dr. Martin Kulldorff explains, it is critical that the bureaucrats, the public health system, and medical experts listen to the public who are the ones actually living and experiencing the public health consequences of their forced lockdown and other actions. Social isolation due to the lockdowns has devastating effects and cannot be disregarded and government bureaucrats must recognize that shutting down a society leads to suicidal thoughts and behaviour and excess deaths (deaths of despair to name one). I end by perhaps the most cogent phrase by experts (The Great Barrington Declaration): “Those who are not vulnerable should immediately be allowed to resume life as normal. Simple hygiene measures, such as hand washing and staying home when sick should be practiced by everyone.”

1Dr. Paul Alexander (University of Oxford, University of Toronto, McMaster University-Assistant Professor, Health Research Methods (HEI))

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This article was originally published by the American Institute of Economic Research on January 30, 2021, and is reproduced with permission.

Mail In Ballots Were the Key to What Went Wrong

The 2020 election was a disaster for the republic. Lax voting procedures, last-minute rulemaking by unauthorized parties, and hundreds of accounts of process irregularities created such an atmosphere of suspicion and rancor that 60 percent of Americans of all parties believed the election to be basically illegitimate.

The hapless Trump team looked foolish by blaming rigged voting machines and international conspiracies. In fact, mail-in voting was at the heart of what went wrong.

Democrats, using the Covid epidemic as a wedge, were able to increase mail-in voting to 65%, up from 25% in 2016. Eligibility and security standards were relaxed. Registrants who had not previously voted were signed up to receive bulk mail ballots.

By the time Trump was raging about the “stolen“ election, the contest was over. Hundreds of thousands of ballots have been mailed into a security void, been returned and counted, and separated from any tracking information.

We’re supposed to believe that all these ballots, mailed to corrupted voted lists, were completed without improper influence by the intended voter only and that the ballot harvesters were simply trying to boost voter turnout without regard to partisan interest.  Since fraud would leave no trace in this process, the Greek chorus (media) began their “no evidence of fraud” chant.

But simple reflection reveals that it’s a matter of how much, not whether.  The evidence comes out in dribs and drabs, cascades of individual coincidences.

Squirrely counts of thousands of consecutive votes, almost all for one candidate, clumped together, an unrealistically large number of “voters“ compared to registrations and boxes of ballots suddenly available for accounting when needed are all explained most likely by millions of nonsecured ballots “out there“.

The ultimate security check for mail-in ballots is signature verification. But it defies common sense to claim that a minimally trained clerk checking signatures provides the same fraud protection as picture ID at the polls.

Actual signature verification of historical photographs, for example, requires great skill and expertise. The slapdash, subjective process used by election officials is biased towards acceptance. Simple testing has shown that it is easily gamed.

Yet the Left is working assiduously to make the system even less foolproof. In Georgia, Stacey Abrams, who registered 185,000 voters for the Senate runoff elections,  bragged openly about the lack of signature verification once she had “eviscerated“ the “exact match“ standard.

The Pennsylvania Supreme Court ruled that ballots couldn’t be rejected at all based on signature comparisons.  You might as well hang out an “Open for Fraud” sign.

State officials claim they have safeguards in place that provide complete fraud protection. But all they can know is their procedures were executed as prescribed and that the votes received were accurately counted.  That hardly proves that all the non-secured ballots arriving by mail were valid.

The only available check on their work is the recount, which is nonsensical. Counting the same ballots, no matter their origin over and over is unlikely to produce more accurate results.

Actual reform of mail-in voting would center on the better vetting of voters on the front end of the process. Assuring that only properly identified, eligible voters receive and return ballots would be difficult, but the real problem is the Democrats won’t stand for it.

They’ve struck electoral gold. They elected a feeble, unpopular candidate with no particular platform with 81 million votes by circumventing the traditional methods used to persuade and enthuse voters. They’re not about to give it up.

So an Arizona proposal to clean up registration rolls by striking voters who hadn’t voted in two election cycles and didn’t respond to mail is being hysterically shouted down as “voter suppression”.  Objectors to mail-in voting are lumped in with conspiracy theorists and stolen election rhetoric and then expected to share alleged responsibility for the Capitol riot.

Republicans may have no choice but to learn to play the game themselves. But America needs better.

We seem fated to have close, hyper-partisan elections. The losing side in the past two presidential elections has refused to accept defeat. In this toxic atmosphere. we will never find peace with an election process that constitutes an open invitation to fraud.

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Thomas C. Patterson, MD is a retired Emergency Medicine physician, Arizona state Senator and Arizona Senate Majority Leader in the ’90s. He is a former Chairman, Goldwater Institute.

Goldwater Takes On Government’s COVID Overreach

While COVID-19 curfews and closures may be adopted with good intentions, these government efforts to stop the spread of COVID have often backfired. And sometimes, these efforts are even unlawful.

Earlier this week, a Pima County Superior Court judge ruled that the county’s 10 pm to 5 am curfew violates state law and cannot be enforced. The lawsuit—brought by a group of business owners and supported by an amicus brief from the Goldwater Institute—argued that the county’s order, forcing all people to stay out of public places during those hours, violates state law as well as the executive order issued by Governor Doug Ducey in May. As Goldwater Vice President for Litigation Timothy Sandefur told Tucson’s KGUN 9 this week, “The county does have authority to impose curfews in certain emergency situations there, but Arizona law only allows counties to impose emergency curfews to prevent violence or breaches of the peace, and it doesn’t allow curfews, in the case of a pandemic.”

And in Chicago, Mayor Lori Lightfoot recently did an about-face on the question of restaurant closures in the Windy City. Now, she’s calling on the state to reopen restaurants and bars “as quickly as possible.” Her reason? People are getting together anyway, and since the government can’t effectively regulate what happens behind closed doors, it’s safer to let them gather in the open.

Sandefur writes at In Defense of Liberty, “mandates and compulsory curfews increase the likelihood of confrontations between law enforcement and citizens—confrontations that can turn violent, or result in people being taken to jail, where their exposure to COVID-19 is probably higher.” And as the Chicago story shows, “curfews are more likely to encourage people to congregate in secret, in confined places where there is a greater risk of infection, rather than in relatively safer outdoor business places.”

Private actors are much better at dealing with and adjusting to the realities of COVID than are government central planners. And that’s why Goldwater is standing up to government overreach where it exists across the country.

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This article is an excerpt from the Defense of Liberty Blog, published January 23, 2021 by the Goldwater Institute.

Some Modest Suggestions on Election Integrity

Much righteous rhetoric has been thrown about recently about the recent capitol riots and the desecration of the “citadel of democracy.”  While we join in the condemnation, we think it is largely disingenuous.

Please, more log rolling, deal cutting, corruption, sexual harassment and veniality occurs within those hallowed halls than anywhere else in the country.

Besides, the President preceding Mr. Trump had his political launch occur in the living room of a man actually involved in the bombing of the capital.

We are not impressed by the selective outrage.

The true citadel of democracy is the integrity of the election process. For if the process is not honest, and if the results are rigged in advance, there is no point in politics and representative government is a sham.

It appears the Maricopa County Board of Supervisors will conduct some kind of audit of the election.  That is a good start but we are not clear whether it is a simple recount or an inspection of the ballots themselves.

The Arizona Republic editorial page suggests Congressman Biggs and Gosar should resign if fraud is not found.

It seems perfectly legal and proper for representatives to question election results. Democrats have done that vigorously over the past few election cycles. We don’t recall the Republic demanding their resignation or those that said Trump was illegitimate and the benefactor of Russian collusion.

Maybe we could get the Arizona Republic editorial board to resign if fraud is found, in whatever small amount it may be determined?

Our concern should be for election integrity. What has happened in the past is hard to correct but we can go forward to the future with a better system. It is unacceptable that up to half of the population believes the process is dishonest. Whether this concern is justified or not, such suspicions are corrosive to the democratic process.

Arizona could become a national leader for election integrity.

We are not lawyers or legislative bill writers so the suggestions here are conceptual in nature.

From the beginning, we need to dispose of the idea that public officials and public employees are free of bias and serve only for the public good. Public Choice economists long ago established that public employees have selfish interests just as people do in the private sector. However, unlike the private sector, there is often no outside regulation or competition to control this inherent bias. Government has a monopoly on certain societal functions.

If you are not familiar with Public Choice literature, simply look today at how the largest group of public employees, the teachers unions, actually conduct themselves. Can anyone seriously argue they are free of bias and only function to lift knowledge and do not bring their prejudices into both the class room and into politics?

Vote counting should be viewed with the same seriousness we treat private sector players who handle investors’ money. Those with the interest in the outcome have to be audited on a regular basis, not on an exceptional basis, by independent auditors.

For example, banks are supervised by both state and federal agencies such as Federal Reserve, the FDIC and state level agencies which require the use of auditors, compliance officers and bank examiners.

Likewise, the securities industry is highly regulated at both the state and Federal level and by the industry itself.

One of the principles of this regulation is that you never get to audit yourself. It has to be done by outside agencies or firms. The private firms have professional codes of conduct, special educational requirements, and reputations at stake.

We suggest the establishment of a state wide agency, The Office of Election Integrity.  Its primary job will be to regularly audit election results from city elections to Senate races and to Presidential races as well.

Audits will be conducted during each and every election cycle. It will not be an extraordinary event, but rather a routine procedure just like in the private sector.

Revenue to operate this office will come from a tax on political spending. The more money spent on elections, the more revenue is collected. It should be progressive in nature. The most expensive elections should pay a higher rate, low-cost level local elections, a lower rate. Money that comes from outside of the state will pay the higher marginal bracket, regardless of the cost of the election.

All qualified auditing firms will be chosen before any given election and selected at a public lottery by the Secretary of State. No auditor can be chosen for back-to-back elections. If such an event were to occur during the public lottery, the Secretary of State would try random selection again until a different firm is chosen.

Auditors will be present at all counting facilities.

Auditing the election results does not mean a simple recount of the vote. The real issue is what are you counting.

For example, in a bank, if we were to ask a teller at the end of the day to count the cash in her station, we would not accept a simple count of paper bills regardless of denomination or origin. You would want to check for counterfeits, foreign currency, and you would not count a $100 bill as if it was a $1 bill. Just simple counting a number of bills does not give you an accurate monetary count.

Thus, votes to be counted need to pass through a qualifying screen. The votes should be one voter, one vote.  The voter should be a citizen, a resident of the state. The voter should not be coerced or paid to vote. The voter should be alive and have a home residence, not a P.O. box or business address. Signatures should match. Once all that is determined, then a counting should take place with representative of all political parties present and auditors as well.

Our modest suggestion is that elections be audited by outside agencies in the private sector, just like firms that handle money are regulated, in the private sector.

Obviously, there are technical details to be worked out to be sure only valid ballots are counted, and they do not come arrive suddenly in the night from sources unknown. There must be a secure chain of custody between the voting booth and the counting facility

We would further suggest the end to early voting and that we have one day to vote. Absentee ballots on request can be continued but generalized mail in balloting is too insecure to allow further.

If auditing results on a regular basis delays the results, that is not much of a sacrifice for integrity.  The breathless news media can wait.

We will leave the granular details to the bill writers but we think the aforementioned suggestions would help the process.

 

Emergency Orders Are Being Abused

How often do you experience an emergency? Monthly? Weekly? Every day? More than likely, it’s pretty uncommon—as it should be.

Maybe someone should tell the government. Because it seems like every time you read the news, some government official is declaring a new “state of emergency.” But these declarations stopped looking like real emergencies long ago. And this past year in the midst of COVID-19, it’s gotten out of control. This is especially true in cities and counties across Arizona, where officials are using emergency orders to beat up on local citizens.

Using COVID to grab more power

One year ago, words like “masks,” “lockdowns,” and “social distancing” weren’t a part of our regular vocabulary. But then COVID hit the United States, and local officials seized the opportunity to enact closures and mandates that did little to address the pandemic.

Flagstaff Mayor Coral Evans was among the first to make a power grab, limiting dining at restaurants and closing most gathering places.

And in March, then Gilbert Mayor Jenn Daniels rushed to close park playgrounds and sport courts without a single case of the virus in town. Just a few months later, she followed that up with a mask mandate. This was at the same time Maricopa County, of which Gilbert is a part, issued its own mask mandate.

Meanwhile Scottsdale residents have likely been experiencing mask-mandate whiplash. They had to deal with a mask mandate in June that was rescinded in September and then reinstated this January, one day after Mayor David Ortega was sworn into office.

And then there’s Pima County. In December, officials there announced a daily COVID curfew from 10 p.m until 5 a.m. Because apparently the virus only comes out at night? Thankfully, a Superior Court judge issued a temporary restraining order halting enforcement of the curfew earlier this month. But it didn’t take long before Pima County filed an appeal.

And while COVID is an issue that may warrant some action (which should NOT include crushing small business or trampling on our rights), did you know that some cities in our state are starting to use these powers to declare “climate emergencies”?

Emergency orders for the climate

Let’s start with Flagstaff, who as we mentioned earlier, leapt at the opportunity to use emergency orders after COVID hit. But officials didn’t stop there. In June, the Flagstaff City Council actually declared a climate emergency as well. And right now, they are using this radical declaration to impose a slew of extreme Green New Deal mandates that will destroy businesses, cost taxpayers a fortune, and likely violate state law. You can read all about their plans right here.

Maybe these officials should stop and read state law. After all, several years ago Arizona passed Proposition 207, which protects property owners from any land use law by cities that devalue their property. Passing ordinances that put a bunch of mandates on property owners without their consent, even under a so-called “climate emergency,” is a violation of this law.

And that brings us back to Tucson, which of course is within Pima County. This January, Tucson Mayor Regina Romero and the city council followed Flagstaff’s lead, declaring a “climate emergency.” And now they are proceeding with a plan to make Tucson carbon neutral within the next decade.

But does any of this sound like a real emergency?

It’s time for the legislature to act

These emergency orders have gotten out of control in our state. Too many government officials are abusing their powers. And in the process, they are crushing local citizens, destroying small businesses, and pushing the Green New Deal.

But that’s not what emergency orders are for. Emergency orders should be used for real emergencies. That’s why this level of government overreach needs to stop.

Now, it’s time for the legislature to act and put an end to these types of emergency declarations. Otherwise, local citizens will be paying the price for years to come.

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This article from the Arizona Free Enterprise Club was originally published on January 28, 2021 and is republished with permission.

Bolick Introduces Bill Aimed At Restoring Checks and Balances In Elections

HB 2720, introduced by Rep. Shawnna Bolick, is said to be one of the most comprehensive approaches to addressing on-going and emerging election-integrity issues proposed this year.

Currently, Arizona’s secretary of state is the only person who decides whether Arizona’s election results will be certified. Bolick’s bill would create a legislative check and balance over the exercise of this authority. Under Bolick’s proposal, the legislature, which already has the power to subpoena evidence and audit elections, would be able to countermand the secretary’s decision to certify an election but would not be able to pick its own winner. The legislature, which has seen itself rendered powerless to act in the face of major issues, such as the pandemic, when it is not in session, would be able to exercise this authority throughout the year.

Bolick’s proposal would require counties to keep track of how many ballots they print so that election observers could verify that the number of ballots cast does not exceed the number of ballots in circulation. It would also prevent courts from dismissing election challenges on technical grounds without first hearing evidence, a practice that has frustrated many voters and fed widespread public distrust with Arizona’s elections…..

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Continue reading at Arizona Daily Independent.