Showing posts with label war on drugs. Show all posts
Showing posts with label war on drugs. Show all posts

Friday, April 30, 2021

Forty-Eight Badly Needed Reforms to Policing, Drugs, Immigration, and War That Could Save America From a Second Trump Term (Incomplete)

     Americans are increasingly waking up to the fact that Joe Biden is indeed guilty of growing America's prison system.
     The 1994 Clinton crime bill arguably contributed to an increase in disproportionate imprisonment of African-Americans, and caused hundreds of thousands of non-violent offenders to go to prison.
     Although many in the liberal media would have voters believe that Biden regrets his "vote" on the bill, Biden has said he regrets that vote "not one bit". In fact, to characterize Biden's contribution to that bill as merely a vote, is deceptive. Biden wrote the bill.
     If the Biden-Harris Administration doesn't do something to show they're better at dealing with crime than the Trump-Pence Administration was - and if Joe Biden doesn't repeal his signature legislation (the 1994 crime bill) or substantially reform policing in a way that secures the progressives' vote in 2024 - then it's likely that Donald Trump could have a chance at re-election to the presidency.

     Here is a set of forty-eight reforms - to policing, drugs, immigration, and war - that, if implemented by the Biden-Harris Administration, could prevent the re-election of Donald Trump.
     These suggested reforms are organized according to the level of government to which they correspond. Look up your state and federal representatives' phone numbers and e-mail addresses - on www.house.gov, www.senate.gov, and the website of your state's election board - to find out whom, and how, to call lawmakers about these issues.





Call your U.S. congressman or U.S. senator to demand that President Biden and his Justice Department:

     1. Issue executive orders and signing statements that will end enforcement of the 1994 crime bill, resulting in the partial or total repeal of the 1994 omnibus crime bill which Joe Biden authored (i.e., the Violent Crime Control and Law Enforcement Act of 1994).   

     2. Treat federal “mandatory” minimum sentencing guidelines as the optional guidelines they are; regarding them as unconstitutional or at least merely advisory and optional (being that they allow courts to take into account information not covered in the guidelines, and can create ex post facto law problems).     

     3. End the federal funding of S.A.M.H.S.A. (Substance Abuse and Mental Health Services Administration)’s  state drug courts, authorized by Section 509 of the Public Health Service Act.     

     4. Remove cannabis products, opioids, 18-MC, and ibogaine from the list of Schedule I drugs.  

     5. End the scheduling of all drugs that are not extremely toxic to the point where touching them can         cause overdoses.   

     6. Support increased funding for drug addiction-related needs and Covid-related mental health needs.



Call your U.S. senator(s) to demand that they urge President Biden and his Dept. of Homeland Security to:

     7. Prohibit V.I.P.R. squads (Visible Intermodal Prevention and Response Teams) from searching for drugs, except for drugs which can cause overdoses if touched, and as part of searches following the discovery of evidence indicating intent of committing a real crime against people or property.

     8. Repeal all portions of the Patriot Act which violate due process and/or are not essential to updating laws regarding legal technologies for tracking criminals.  

     9. Prevent U.S. Code Title 6 on Domestic Security (now non-positive law) from becoming positive law.

     10. Direct border guards to replace hot plastic bottles full of water with cold water, instead of knocking them over. 

     11. Pass a law requiring detention facilities to keep sources of drinking water and toilet water at least fifteen feet away from one another, and both available to all detainees.

     12. Abolish the Department of Homeland Security, placing any duties of the I.C.E. and C.B.P. which don’t violate due process, under the authority of a new agency called the Department of Naturalization Regulation Services.

     13. Refrain from using Covid-19 as an excuse to discourage immigration; allow Doctors Without Borders -type organizations, and other volunteer health organizations, to treat refugees at the border.

     14. Train T.S.A. agents to be mindful of their customers’ medical needs and limitations.    

     15. End the racist practice of joint U.S.-Israeli police training.



Call your U.S. senator to demand that President Biden and his Defense Department: 

     16. De-fund the L.E.S.O. (Law Enforcement Support Office), ending the 1033 program that put tanks in local police departments.

     17. Cease enforcing the Authorization for the Use of Military Force of 2001 (which authorized the War on Terror), or else call upon Congress to propose legislation which would repeal that law and end the wars.

     18. Verify that the state of emergency over the situation in Korea is not still in place. Demand review of Executive Orders 10195 and 10585 to make sure that E.O. 10195 is not still in effect and was totally ended by E.O. 10585. Additionally, demand review of E.O.s 13466, 13551, 13570, 13687, 13722, and 13810, and consider reversing them or otherwise ceasing to enforce them.

     19. Withdraw troops and contractors from Iraq and Syria.

     20. Deliver on their plan to pull all troops out of Afghanistan by 9/11/21, and don’t leave contractors.

     21. End U.S. involvement in Saudi Arabia’s racist war on Yemen.

     22. Withdraw more troops from Germany than Trump did (12,000) and dismantle Ramstein Air Force Base.

     23. Withdraw troops from South Korea, and dismantle the base at Camp Humphreys.

     24. Dismantle bases in Baghdad, Diego Garcia, and Thule in Greenland, and the prison at Guantanamo Bay.

     25. Unite the Department of Defense with the Department of State, and shift funds from militarism to diplomacy while creating a Department of Peace.



Call your state senator or state assemblyperson to demand that your state’s governor:

     26-29. Nullify the 1994 omnibus crime bill, resulting in:   

          26. One hundred thousand fewer police officers on the street.

          27. An end to the federal subsidization of states to build more prisons.     

          28. The decrease of some drug penalties.

          29. The re-legalization of 19 types of automatic weapons.

     30. Cease enforcing laws against victimless infractions which are based on the Model Penal Code (especially the governors of New York, New Jersey, and Oregon, which have fully implemented it).

     31. Protect the right of self-defense against the deadly and illegal use of police force. Your state courts and police honor the precedent set in Bad Elk v. U.S. (civilian right of self-defense against police using deadly force without a warrant or probable cause). [Notes: This precedent needs to be upheld by the supreme courts of AK, HI, WA, OR, CA, NV, ID, UT, AZ, MT, CO, ND, SD, NE, KS, OK, TX, MN, IA, MO, AR, WI, IL, KY, TN, OH, FL, DC, DE, NJ, VT, NH, MA, CT, RI, and ME. A campaign to urge governors J.B. Pritzker of Illinois, Phil Murphy of New Jersey, Gavin Newsom of California, Greg Abbott of Texas, Ron deSantis of Florida, and Mike deWine of Ohio - and Washington, D.C. mayor Muriel Bowser, would do the most to protect the  largest African-American populations by state, from unlawful use of police force.]



Call your state senator or state assemblyperson to demand that they:

     32. Author legislation which would bring parole and parole boards back to your state. [Note: OR, CA, AZ, KS, IL, MS, IN, OH, NC, DE, and ME have no parole boards; parole boards need development (or it’s unclear whether there are parole boards) in HI, WA, MT, CO, NM, ND, SD, MN, IA, MO, LA, MI, WV, VA, FL, NY, MD, DC, VT, and MA; and AK, NV, ID, UT, WY, NE, OK, TX, AR, WI, KY, TN, AL, GA, PA, SC, NJ, CT, NH, and RI have active parole boards.]

     33. Author legislation which would replace "beat cops" with "peace officers".

     34. Consider the eight "Eight Can't Wait" measures recommended by Campaign Zero. These are I) banning chokeholds and strangleholds; II) requiring de-escalation; III) requiring warning before shooting; IV) requiring officers to exhaust all alternatives before shooting; V) charging officers witnessing abuse with a duty to intervene; VI) banning shooting at moving vehicles; VII) establishing a a use of force continuum; and VIII) requiring that all force be reported.

     35. Sponsor statutes requiring police to undergo training demanding that they adhere to a strict continuum and rules of engagement regarding justifiable use of police force. First, police should locate the person who called the police and make sure they are safe. Second, the officer should attempt de-escalation. Third, the officer should resort to potentially deadly tasing and macing and pepper-spraying, but only as a "last resort". Firing no more than one or two bullets at a time as a “last last resort” should only be implemented in policing districts where community policing boards enthusiastically want them; while all other communities should consider allowing all or most police officers to have only pepper spray, mace, tasers (all of which can be deadly if used on the wrong person) and work without guns. Additionally - although we should always remember that using a gun is always "shooting to kill" - some "shoot not to kill" (or "shoot to wound") measures should be considered. Officers should be taught that shooting in the legs or arms could cause a suspect to bleed out, and that shooting to graze the shoulder or the surface of the stomach is less likely to cause a mortal injury.

     36. Sponsor statutes requiring police training to include testing that reminds them that some of the people they will encounter are sick, old, feeble, autistic, handicapped, or of limited mobility, or may be wearing headphones, or may be otherwise unable to hear and comply with officers’ commands.

     37. Sponsor statutes requiring police to wear cameras that face the officer as well as the suspect, which cannot be switched off by officers until their end of their shift

     38. Help legalize the filming and recording of police officers, through repealing two-party consent laws and replacing them with one-party consent laws. Thirty-five states have one-party consent laws, while five are solid two-party consent states, and ten have a mix. States should consider 1) not requiring consent from any civilian, for recording, when there is no reason to expect privacy, 2) not requiring consent from officers to be recorded, and only requiring consent from one civilian and notification of the officer, in order to use the film in court, whether there is no reason to expect privacy or not, and 3) notification of a civilian that they‘re being recorded when or where there is a reason to expect privacy.

     39. Sponsor laws, on policing and health and insurance, that protect suspects’ rights to refuse to submit to forced blood draws, and nurses’ rights to refuse to draw blood from unconscious patients.

     40. Sponsor legislation ending qualified immunity in your state (needed in all states but CO & NM).

     41. Sponsor statutes prohibiting the police from “having sex with” (raping) people in custody. [Note: These laws are needed in NV, ID, MT, WY, CO, NM, SD, NE, KS, TX, MN, IA, MO, AR, LA, WI, IL, MS, KY, TN, AL, MI, WV, VA, SC, NY, PA, MD, DC, DE, VT, NH, MA, RI, and ME]

     42. Sponsor “Ban the Box” -type legislation at the state level, so people who have paid their debt to society can get jobs without disclosing their previous status, and rejoin society in productivity and financial independence. [Note: AK, NV, ID, UT, AZ, MT, WY, ND, SD, NE, KS, OK, TX, IA, MO, AR, LA, WI, MS, MI, IN, KY, TN, AL, OH, GA, FL, WV, SC, NY, PA, VA, NC, MD, DE, CT, NH, and ME currently lack Ban the Box laws.]

     43. Will inform voters that the 15th Amendment protects the right to vote regardless of previous condition of servitude (which includes involuntary servitude as punishment for a crime; i.e., modern-day slavery in prisons) and regardless of whether one lacks identification or an address (due to the prohibition on poll taxes), and that 14th Amendment incorporation requires the states to follow suit. [Note: AK, HI, WA, ID, UT, AZ, MT, WY, CO, NM, ND, SD, OK, MA, and DC may still not have adopted the 15th Amendment].

     44. Will support efforts to allow ex-offenders who have served their sentences, to vote. [Note: AK, HI, OR, ID, UT, MT, CO, NM, ND, KS, OK, TX, MN, MO, AR, WI, IL, IN, MI, OH, GA, SC, WV, DC, PA, NJ, VT, NH, MA, CT, RI, and ME currently allow people to resume voting, automatically or through applying to vote, upon release. WA, CA, AZ, WY, SD, NE, IA, LA, MS, KY, TN, AL, VA, NC, FL, MD, DE, NY either ban voting by ex-offenders, or else require governors‘ pardons, waiting, and/or the paying of fines or fees, in order to vote.] 

     45. Support reforms to policing which follow Campaign Zero’s 10 recommendations (end broken windows policing, community oversight, limit use of force, independently investigate and prosecute, community representation, body cameras, training, ending for-profit policing, demilitarization, and fair police union contracts).

     46. Support the repeal of laws which needlessly and irresponsibly criminalize homelessness (such as laws against camping, panhandling, hitchhiking, fishing, owning too many possessions, public inebriation, etc.)

     47. Support the repeal of unnecessary limitations on access to libraries, parks, beaches, and food pantries on account of a person’s zip code.

     48. Look to the coercive control laws of Ireland as a model on which to build state statutes protecting domestic abuse victims from having their finances and other important decisions controlled by abusers.








Created on April 28th and 30th, 2021

Originally Published on April 30th, 2021
under the title "Forty-Three Badly Needed Reforms to Policing, Drugs, and War
That Could Save America From a Second Trump Term"

Edited and Expanded on May 3rd, 4th, and 8th 2021

Where the Federal Government Gets its Supposed Authority to Over-Regulate Health, Drugs, Travel, and Immigration

      I created this infographic to show how the original powers, delegated to the Congress through the Constitution, have been repeatedly abused, to allow more and more arguably unconstitutional federal intervention on health, drugs, travel, and immigration.
     This has been justified, juridically, by the notions that these interventions are necessary and proper, and by the ever-loosening interpretation of the meaning of the General Welfare Clause and the interstate Commerce Clause.

     This infographic may also serve as a teaching tool, to show how many of Congress's newer powers, were justified. The chart shows, in part, that the need for government to monopolize defense, courts, and buildings essential to defense and courts, was used to excuse increased ownership and management of interior lands by the federal government.
     Then - while patents began to grow longer, and immigration restrictions became more unreasonable and racialist, and interstate travel became more restricted - expansion of government land management was predicated on the idea that the government could engage in more agriculture (and create a U.S.D.A.) in order to justify keeping those lands.
     All of this led to the current mess of plant D.N.A. patenting lawsuits, medical hoarding by government, and ridiculous Covid-related restrictions, which we are seeing today.
     But we should be under no illusion; none of this is constitutional. We must get rid of Phase 2 through 6 laws as soon as possible.

     After reading the title, and the key, start reading this chart from the bottom (i.e., Phase 1). Then read Phase 2, Phase 3, and so on, to get a sense of how previous legitimate powers went on to be inappropriately construed to justify more egregious, unreasonable, and violent policies regarding the topics at hand.







Click, open in new tab or window, and download,
to see in full resolution





Created on April 28th and 30th, 2021

Published on April 30th, 2021

Edited on May 3rd, 2021






Sunday, April 20, 2014

Conversation with a Liberal on Taxing Marijuana

Written on April 9th, 2011
Edited in April 2014
Based on a real conversation



   Me: "I heard that taxes by governments make up 20% of the price of gasoline. That's more than oil companies make in profits. And the government doesn't even provide any service for the gasoline, except letting it come into the country."

   Liberal: "Well, government provides plenty of services. Health care for retired people, for instance. The public roads that we drive on. I mean, those taxes have got to come from somewhere."

   Me: "If you can name a problem and say the taxes for it have to come from somewhere, but where they come from can be totally unrelated to the causality of the problem, then you can justify taxing any random thing just because there are problems out there...
   "Say we decide to legalize and tax marijuana. When people smoke marijuana, it causes lung cancer. It has a health detriment. I have no problem with the government taxing alcohol, tobacco, and marijuana if they spend the tax money to address health problems caused by those substances. And they do, they spend tobacco taxes on children's health care. And the public roads, some of that money comes from tolls that the people who drive on them directly have to pay while they're using them. That kind of causality-based taxation makes sense to me."

   Liberal: "Well, okay, it would be fine if we legalized medicinal marijuana, and even recreational marijuana, if the government could tax it, and it would especially make sense if that tax money were spent on medical care."

   Me: "I agree, and some estimates say that if we did that, then the price of marijuana would go down more than 90 percent."

   Liberal: "Well, in that case, I would want the government to keep the price of marijuana artificially high, like, for example, the same price it was before. You don't want people who are disadvantaged to smoke a lot of marijuana."

   Me: "That's ridiculous. First of all, price-fixing is never a good idea, whether you're keeping the price artificially high or artificially low.
   "Second, if you allow the price of marijuana to drastically decline, drug dealers aren't going to be able to afford to make any money off of it, and they'll have to look for real jobs, which would eventually cause a decrease in unemployment.
   "Third, if government forms a price cartel on marijuana and makes marijuana dispensaries sell it at that fixed price, you'd still have pot dealers who are willing to use violence against their competition, which would then be government employees selling marijuana legally.
   "Fourth, lowering the price of marijuana is not going to significantly affect the amount of pot that poor people smoke; there aren't many people that really need more than an eighth a week.
   "And lastly, why would you want to keep it difficult for poor people to afford pot? Don't you think poor people would do better to spend $45 a week on food, instead of paying that money to the government in the form of a 900% vice tax?"

   Liberal: "I don't want to make it hard for poor people to afford drugs or food! How could you assume I meant such a thing!?"

   Me: "You basically said you don't want to make it easier for poor people to do drugs affordably. That's the obvious outcome of what you proposed."

   Liberal: "Well, that's not how I meant it."

   Me: "Oh, so you just want to impose huge taxes on whatever you can for the pursuit of whatever problem you personally feel exists. Well, at least you're consistent."
   "Do you suggest we use that tax money to beat up pot dealers who out-compete the legal dispensaries? I believe that qualifies as 'change we can believe in'."





http://www.aquarianagrarian.blogspot.com/2014/05/the-food-and-drug-administration.html

For more entries on taxation, please visit:

Sunday, January 5, 2014

The War on Drugs

Written in January 2012
Originally published 1-18-2012



The inhumane repression and prosecution of the peaceful, safe, responsible, and voluntary use of controlled substances is an immoral threat to our civil liberties and our personal freedoms, and represents an unnecessary financial burden on taxpayers.

If elected to the 113th Congress, I would vote to repeal all federal anti-drug legislation (as well as pursue the abolition of the Drug Enforcement Administration [DEA]); end the funding of foreign governments to combat the non-violent cultivation, manufacturing, distribution, sale, purchase, and consumption of drugs; and urge the president to pardon some 40,000 imprisoned non-violent federal drug offenders. To end the War on Drugs would eliminate 10,000 federal bureaucrats, and could save the federal government as much as $28 billion annually.

While I would vote to prevent the federal government from intervening in the illicit drug policies of the states (unless constitutional amendments against the prohibition of marijuana and other drugs were to appear as realistic and necessary prospects), I would urge the governors of the states to pardon some 200,000 imprisoned non-violent drug offenders, and to work with their legislatures to legalize the cultivation and manufacture of drugs (including hemp and drug precursors), as well as the medicinal and recreational use of illicit drugs. To end the War on Drugs could save the state and local governments as much as $16 billion annually.




http://www.aquarianagrarian.blogspot.com/2014/05/the-food-and-drug-administration.html

For more entries on justice, crime, and punishment, please visit:
http://www.aquarianagrarian.blogspot.com/2010/10/thrasymachus-support-for-justice-being.html


Tuesday, October 9, 2012

Speech at the Great Midwest Marijuana Harvest Fest on October 7th, 2012


Written in October 2012
Edited in May 2014



As a libertarian-leaning independent, I would urge my fellow [candidates for] representatives in the House to repeal all federal anti-marijuana legislation, vote to repeal all federal drug laws on Interstate Commerce Clause grounds, and urge the president – whoever he may be – to pardon all non-violent federal drug offenders.
If elected, I would invoke the Commerce Clause to dispute the constitutionality of not only federal drug laws, but also the states’ outright bans on the importation of illicit drugs across state lines. The only constitutional position on this issue is one which promotes the use of federal power to prohibit the states from regulating marijuana in a manner that causes undue inhibition of the freedom of trade of all commodities – marijuana included – across state borders.
My Republican opponent Chad Lee has not thus far made his stance on marijuana well-known, but I think this fact is sufficient to infer that Mr. Lee would not enthusiastically promote the N.O.R.M.L. agenda. While my Democratic opponent Mark Pocan has made some statements in support of decriminalization, I feel that his support of vice laws opposing freer trade and use of legal substances like alcohol and tobacco suggests that his support of personal freedoms could stand to be more principled and consistent.
If I am elected, I would be outspoken in my support of the decriminalization and legalization of marijuana – be it for medicinal, recreational, industrial, or entheogenic purposes – as well as in my opposition to the expansion of the drug war into overseas theaters such as Latin America, South America, Afghanistan, and others.
As a write-in candidate, I will not be on the ballot for U.S. House this November, but with enough write-in votes, I can still win the seat. Just remember to vote for independent Joe Kopsick – K-O-P-S-I-C-K – by writing-in my name on the ballot for U.S. Representative on Tuesday, November 6th.

Tuesday, April 24, 2012

Immigration and Borders Policy


I believe that there is an urgent need for comprehensive immigration reform which is humane and tolerant; as well as conducive to the freedom of travel, the openness of trade, and the normalization of commerce. As such – and given that the constitutional clause which had denied the Congress the power to prohibit the states from enacting migration policies which they deem proper has expired – I feel that it is desirable and appropriate to pursue passage of federal legislation prohibiting all agencies of the federal and state governments from constructing or maintaining fencing along our international borders.

                Although a system permitting federal jurisdiction over immigration policy would seem to have authorized the Development, Relief, and Education for Alien Minors (D.R.E.A.M.) Act, I would vote to support a repeal of that legislation on the grounds that it was enacted through an executive order, which I feel is an inappropriate, expansive exercise of presidential power. I would urge states which have passed similar legislation to transition the responsibility to provide D.R.E.A.M.-Act-type goods and services to the county- and municipal-level governmental agencies within them, as well as to private-sector agencies; and I would urge states which have not passed similar legislation to allow local governments to do so, and to allow the widespread provision of such goods and services to come into being organically through the efforts of private-sector agencies.

                As the forms of compensation which are procured through employment are the most productive form of welfare, such private-sector agencies should include places of employment. I would support the right of immigrants – documented and undocumented alike – to negotiate with their employers to obtain the compensation which they deem appropriate for their own subjective purposes, irrespective of federal and state minimum wage standards. I would also voice opposition to mandates on employers – by governments at any level – to participate in the eVerify system, which has been described as obligating hirers to police illegal immigration. Additionally, I would oppose all existing and proposed laws providing for mandatory identification documents for all persons, such as the REAL ID Act.

                In order to help provide a path to citizenship for illegal immigrants, I would urge the president and the governors of the several states to grant pardons to all non-violent transgressors, especially to minors who did not have intent or informed awareness of the illegality of the actions of the parents or guardians who accompanied them into the country. Punishment – and law-enforcement requests for the identification documents – of suspected illegals should be contingent upon their conviction for either physically harming or threatening to harm persons; stealing, damaging, or otherwise diminishing the utility of their property; or trespassing on their occupied landed property; provided that some victim claiming that direct harm has occurred has pressed formal charges by filing a Verified Criminal Complaint.

                I would assert that deportation and extradition of non-violent illegal immigrants would only be permissible were the status of a transgressor as a foreign subject entered-into with informed consent and without duress, and that the pertinent foreign country has laws explicitly prohibiting illegal emigration. I would also defend the position that the 14th Amendment to the U.S. Constitution does not automatically grant federal citizenship to the native-born, but that it merely makes the extension of an offer of citizenship permanent and irrevocable.

                I feel that opponents of illegal immigration would have less justification for their personal and legal views were they to become aware that the federal government has conducted cross-border weapons-for-drugs programs and arms-trafficking-and-tracking operations (such as Project Gun-Runner and Operation Fast-and-Furious) which have destabilized and undermined the sovereignty of Mexico, and caused death of American border personnel. Voting to stop – and investigating to uncover the facts about – such operations is crucial for restoring America’s reputation and credibility abroad; ameliorating artificial antipathy towards minority groups and improving race relations; and saving lives of American civilians, law enforcement officers, and politicians alike.

                Additionally, I would work to restitute government theft of immigrant property; sponsor legislation which would prohibit government agencies at the state and federal levels from making English the single official language; and urge governments at all levels – including the governments of Mexico and Central America – to uphold rights to bear arms and rights of the accused which are either on-par with or more protective than the 2nd and the 4th through 8th Amendments to the U.S. Constitution.



For more entries on borders, immigration, and territorial integrity, please visit:

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