DWW-Driving While White

One Nation Under Arrest

Before President Barack Obama took over the White House, no United States citizen had ever been forced by the federal government to buy a product against their will. But now, thanks to the passage of Obamacare, Americans, by dint of their mere existence, are now required to purchase Obama administration approved health insurance or face a penalty assessed through the Internal Revenue Code. This is simply unprecedented. The income tax doesn't kick in until an American earns income. Auto liability insurance doesn't become mandated until an American chooses to drive (and even then it's only by the state). And farmers must first grow food before they are subject to the regulations of the Department of Agriculture.

But facing federal government sanction for simply breathing? That is a troubling assault on American liberty.

Obamacare is just the latest example of the growing reach of the federal government into all aspects of our lives. While the final bill passed by Congress specifically made the noncompliance with an IRS individual mandate penalty not a crime, far too often when the spotlight of American attention is not focused on an issue, Congress has gone ahead and criminalized what was once before perfectly normal behavior. Consider, for example, small-time inventor and entrepreneur Krister Evertson, whose story is recounted by Heritage fellows Brian Walsh and Hans von Spakovsky:

In May 2004, FBI agents driving a black Suburban and wearing SWAT gear ran Evertson off the road near his mother's home in Wasilla, Alaska. When Evertson was face down on the pavement with automatic weapons trained on him, an FBI agent told him he was being arrested because he hadn't put a federally mandated sticker on a UPS package.

A jury in federal court in Alaska acquitted Evertson, but the feds weren't finished. They reached into their bag of over 4,500 federal crimes and found another ridiculous crime they could use to prosecute him: supposedly "abandoning" hazardous waste (actually storing, in appropriate containers, valuable materials he was using for the clean-fuel technology he was developing). A second jury convicted him, and he spent 21 months in an Oregon federal prison

Putting the wrong stamp on a package. Storing your own property own your own land. When did these actions become federal crimes? Why? How can we stop them?

A new book launched yesterday and published by The Heritage Foundation answers these questions. One Nation Under Arrest: How Crazy Laws, Rogue Prosecutors, and Activist Judges Threaten Your Liberty documents how over the past 50 years the politicization of American criminal law and practice has created traps for millions of innocent and unwary Americans and threatens to make criminals out of those who are just doing their best to be respectable, law abiding citizens.

In 1998, an American Bar Association task force estimated that there were over 3,000 federal criminal offenses scattered throughout the 50 titles of the United States Code. Just six years later, that number is estimated to be over 4,000 and Columbia law professor John Coffee estimates that the federal government could use the criminal process to enforce as many as 300,000 federal regulations.

Lavrentiy Beria, the chief of the Soviet security and secret police under Stalin reputedly said, "Show me the man, and I'll find you the crime." Our country is by no means a Soviet police state yet, but a federal government empowered with a sprawling code that makes all of us potential criminals is more than just an existential threat to American Liberty. This overcriminalization trend must end. Become informed. Learn the issues. Buy the book. And fight back.

Part 2 Jeff Emanuel Redstate

Author’s note: This is the second installment in a seven-part series analyzing the Obama administration’s strategy for the Afghan front in the War on Terror. The administration’s white paper can be seen here, and part one of this series, “Examining Obama’s Afghan Plan: Introduction,” can be seen here.

PRESIDENT OBAMA’S IMPENDING ‘SURGE’ in the number of U.S. forces in Afghanistan has been public knowledge for some time now. In fact, the roots of the plan can actually be found in the Bush administration, whose final days saw a greater emphasis placed on that eastern front in the War on Terror than had been since late 2002. The initial thought, as publicly announced by Defense Secretary Robert Gates last November, was to send approximately 30,000 additional troops to augment the 33,000 already operating in the expansive, mountainous country.

Shortly after taking office, Obama ordered that number cut nearly in half, to 17,000. Those troops – a combined force of soldiers and Marines – will be assigned to areas of the county along the border with Pakistan, where the coalition has the least control and terrorist forces are at their strongest, and will be tasked with “preventing a return of al Qadea and its allies” to the area and with providing space and security for the national government to expand its hegemony into this largely warlord- and Taliban-controlled region of Afghanistan.

In addition to this 17,000-troop counterinsurgency force, Obama has assigned 7,000 more troops to Afghanistan to perform other critically important tasks. In February, the just over 3,000 soldiers that make up the 10th Mountain Division’s 3rd Brigade Combat Team (BCT) deployed to two Afghan provinces near Kabul, where they are operating out of coalition outposts in an effort to tamp down the insurgency-riddled east-central portion of the country. An additional 4,000 soldiers are now awaiting deployment to the region to serve as embedded Afghan Security Force Training Teams.

There is no question that the coalition forces currently in Afghanistan, who are fewer than 30% in number than their counterparts assigned to Iraq, are in need of reinforcement. In fact, given that Afghanistan’s surface area is 120% that of Iraq, with exponentially more difficult terrain, a 24,000-troop ’surge’ is likely far too small to make any measurable difference in that country’s day-to-day development and security, even if they are employed correctly.

Further, the specialists being recruited for deployment to Afghanistan as part of Obama’s so-called ‘civilian surge’ – currently estimated at about 400 – are also likely far too small in number to accomplish what will be expected of them. If properly employed, this small number of specialists, who bring expertise in agriculture, law, and other areas to a region desperately in need of their assistance, could do a great deal of good in the few areas they can influence. However, like the so-called ’surge’ troops in Iraq and Afghanistan, these specialists will need to be pushed out of the national and regional levels and into the expansive state’s agrarian, tribal localities in order to be effective – something career bureaucrats and government employees are notorious for their reluctance to do (for evidence of this, witness the revolt by bureaucrats within the State Department when faced with the mere prospect of deployment to Iraq’s secure International Zone in 2007).

Continued here