Category Archives: Georgia politics

Farming Fascism

The inherently self-contradictory justification for the state is that it reserves to itself the right to engage in those actions that its very existence is predicated on proscribing. The state is a paradoxical philosopher’s stone; believed by the masses to create only good, it in fact transmutes all that it touches into its polar opposite. Evil, when implemented by the state, is declared as good (war, taxation, kidnapping, torture) while virtue, when implemented by the state, becomes harmful (charity, regulation, education). These virtuous activities become but mere shadows of what they could be absent monopolistic state intervention.

In Georgia we have our own special brand of state distorted virtue: the Vidalia® onion cartel. The state government has decided that these beautiful, delicious, sweet onions grown in and around Vidalia, Georgia are too valuable to the economic health of the People’s Republic of Georgia to allow the people who actually grow them to control how they are marketed and sold. And so came forth the Vidalia Onion Act of 1986. Yes, our legislators pass laws about onions. It was only a few weeks ago that the state of Georgia fined a farmer who had the impudence to ship his crop of Vidalia® onions to market prior to the April 21 date set forth by the state agriculture commissioner.  Unseasonably warm weather has moved up and extended the growing season (thank you global warming!) Apparently Mother Nature forgot to read O.C.G.A 40-7-8.17 and thus produced ripe onion in open defiance of the law. Sadly, the state of Georgia is not alone in these sort of legal strictures on farming. Florida has its oranges, Idaho its potatoes and California its wines, raisins and avocados. Wait, avocados? Yes, California stipulates all avocados grown in the state must contain at least 8% fat. Or else.

Now there is certainly nothing wrong with farmers coming together and mutually agreeing on a set of standards for their produce if they feel that setting such quality standards will bring about mutual benefits. However, just because some farmers wish to do so does not mean that all farmers should be forced to do so. But when the state steps in, that is exactly what happens. Only the state has the monopoly power of the guns to force compliance. Once again, if your business model is predicated on the use of guns in order to achieve success then there is something wrong with your business model. Regrettably, the appeal of ready access to the legal deployment of weapons to further ones ends is the siren song of protectionism. That sweet sound calls to us until we collide against the rock-hewn walls of the cage we willingly built. Too much metaphor? Ok, people champion competition when they are buying but oppose competition when selling. So while that tidbit of self-defeating equilibrium sinks in, consider this: the most common method of limiting competition is turning to the state and requesting aid beneath its great wing of protectionist measures. Once state protections are in place then new entrants to the market are excluded. This reduces supply and so raises prices; great for the sellers, not so great for the buyers. The appeal of bully-based price protection for sellers is why nearly every law on the books has some sort of protectionist origin (licensing, certification, regulation, registration, etc). The fear of failure and the desire to put your competitors out of business is too much for most to resist. It is not until you yourself become the competitor do you see the error of your ways (or if you’re a hypocrite you refuse to see the error and simply demand even more special exceptions, i.e. protection from your own protectionism).

If we hand over all of our rights to someone with a gun (the state) we should not be surprised when they refuse to hand them back – even when we ask nicely. When the putatively legal owners are no longer calling the shots and must bend to the will of the de facto owner (the state) or suffer the consequences then there is only one word that by definition describes this situation: fascism.

Who is the customer?

Outsourcing, public-private partnership – this is the Trojan horse of the political entrepreneur that will fool the political class every time into believing salvation from inefficient government lies within. For those familiar with how markets are actually supposed to function, the irony is clear: only harm shall spring forth.

One of the more insidious “partnerships” is that of the outsourced private prison and probation services. The Georgia legislature has recently passed HB 837 which has expanded the authority of private probation companies while simultaneously decreasing public oversight of their operations. In Georgia, if one is convicted of a misdemeanor  (anything from shoplifting to traffic citations) and cannot pay the assessed fine in full, then one is turned over to a private probation company (basically a glorified collection agency) which then collects the fine, along with their monthly fee of course. Under the new law, if fines are unpaid then those convicted may be thrown in jail or electronically monitored all the while accruing greater fines. The original probation period may be “tolled” or extended indefinitely until the fine is paid in full. Inability to pay will land one in prison. Essentially Georgia has reestablished debtor prisons. Herein lies a perverse incentive; inability to pay translates into larger fines. The public courts and the private companies then share in this growing revenue stream. Ironically they make more money off of those with the least ability to pay.

“But criminals must make restitution, surely you’re not suggesting that just because someone is “poor” they should not be compelled to answer for their crime?” No, I’m not suggesting that at all (although I do seriously question whether traffic violations rise to the level of “crime”). To understand why outsourcing leads to distorted incentives, ask yourself, who is the customer? Is it the state, or is it the lawbreaker? In fact, it is the lawbreaker. The state intercedes and poses as the customer, which diverts the stream of responsibility. The probation company is not answerable to the real customer, so they have no incentive to serve them.

Now you may be scratching your head trying to figure out why the lawbreaker should be the customer. Allow me to explain. Assuming that an actual rights violation has occurred (e.g. petty theft), then there is a victim and a perpetrator. The conflict is between those two parties and no one else. It can then be resolved by use of an arbitration (court) proceeding to uncover fault. Assuming the thief is at fault, he has an obligation to make all parties whole (the entity that apprehended him, the court that adjudicated the facts, and of course the victim). To simplify things we’ll assume the insurance carrier of the victim has made all parties whole. Now the insurance carrier has a rightful claim against the thief. It seeks to be made whole. Stated differently, the thief has a debt obligation to that insurance carrier. If the thief cannot pay immediately, then those two parties can come to a mutual agreement as to how that debt will be discharged. They are not constrained by any “laws” – they may agree to whatever they wish. There are many options, but one option could be a voluntary arrangement with a private “prison” (if you can call it that) that would discharge the debt to the insurance carrier in exchange for a certain amount of labor. The thief would have many of these private prisons to choose from and he is under no obligation to choose this path at all – therefore such private prisons would compete for such a labor source, enticing their customers with favorable terms. Indeed, conditions would most assuredly be far more favorable than in any public or private prison system today. After all, if they don’t please their customers (the voluntary “prisoners”) then they won’t be in business for long.

Public-private partnerships will always be corrupted by perverse incentives if the company providing the service is not directly accountable to the customer.

Bad Bill Strikeout

Georgia now has its own variant of the Arizona “religious freedom” bill (recently vetoed by that state’s governor) known as HB 1023  (“Preservation of Religious Freedom Act”). At first blush the Georgia bill appears to uphold the libertarian principal of the right of association (i.e. the right to decide who we do or do not associate with). However, upon further analysis I have come to the conclusion that this is a bad bill and should be opposed. For those that don’t already know, the bill essentially says that if a person acts with a religious motivation then they are immune from any and all laws, ordinances, rules or regulations that might otherwise restrict the actions they undertook as a result of their religious convictions. Taken literally one could claim immunity from murder and theft if one stated it was motivated by religious belief. So on its face it is hyperbolically broad. Strike 1.

Proponents of this bill are engaged in a bit of prophylactic legal wrangling. It is currently completely legal to discriminate against homosexuals. But despite this apparent lack of protection there has been virtually no private sector discrimination of homosexuals. In fact the biggest discriminator against homosexuals has been the public sector aka government (non-recognition of marriage, non-equality in the tax code, etc.). Recently though two isolated cases of a wedding cake maker and photographer refusing to sell their services to gay couples under a highly specific scenario (wedding) has risen to the national news level. Following this outrage theater set on the national stage, the extreme Christian right felt the writing was on the wall and it would only be a matter of time until their views on homosexuals would be not just socially but legally verboten. Their only course of action? Legalize (or rather outlaw the illegality of) their peculiar brand of bigotry. Through this bit of legislative memorialization they attempt to normalize their position in society. Because, you see, if something is a “law” then that means it is “ok”, and conversely, if something is illegal then that means it is “bad.” Without laws to tell us right from wrong we would be rudderless in an ocean of moral ambiguity. Yes, sarcasm.

Racism, bigotry, sexism, ageism, insert-your-own-ism-here-ism are stupid, ignorant, sad, hateful, preposterous and irrational. But what they are not is criminal. In other words, it should always be legal to be a first class jerk. While we don’t need laws against boorish behavior in order to know it is unacceptable, we also don’t need laws that place the seal of state approval on such behavior either. Strike 2.

This bill does get it half-right on one front though. Everybody should have the right to act on their beliefs. But, this freedom should not be restricted solely to those possessing the religious get out of jail free card. Religious freedom is merely one flavor of natural rights based freedoms. Respecting everyone’s freedom means recognizing the fact that we each have the right to live our lives as we see fit, as long as we do not employ violence or the threat thereof to prevent others from doing the same. So, rather than exempting a subset of people from all laws, this bill should instead exempt a subset of laws from all people. In other words, it wimps out where it really counts: freedom. Strike 3.

To think that the fabric of society would fall to tatters without flecks of ink scattered upon slices of dead trees is to ignore the true source of order in society: the people. The vast majority of people behave in a civilized manner because the vast majority of people are not evil. Ask yourself, if all laws were repealed tomorrow do you truly fear that your friends, neighbors, and co-workers, would all try to rob and kill each other? Would you behave any differently than you do today?

Ends and Means

Suppose the following: In order to prevent crimes against children there exist laws that require all residences and offices to be wired with cameras that record all activity. Furthermore, this practice has existed for decades and is simply accepted by the populace as a necessary intrusion of privacy. Most feel they have nothing to hide and so quietly accept the intrusion. Occasionally though this tool is used to harass and intimidate those who are out of favor with those running the State. Unfortunately though, in spite of these abuses, the acceptance of a “greater good” arising from this system weakens any widespread dissent. Now suppose an elected official finally objects to this system. Suppose they propose a repeal of the law enforcing this system.  Does this mean they are “for” crimes against children? Or does it simply mean they are against State sponsored violations of basic human rights? To take an even more extreme example: if it were shown that killing all males over the age of 30 entirely eliminates all crimes against children, should we thus enact such a law? If we did so, would the proposed repeal of such a law imply we are “for” those that would commit crimes against children?

It is entirely possible to be unified in the ends we seek while disagreeing over the most appropriate means to achieve those ends. Just because some particular set of means might achieve an end does not imply or prove it is the ONLY or BEST way to achieve that end. Objecting to an odious set of means does not imply an objection to its ends. Those that make such assertions are intellectual midgets, political opportunists all too eager to play upon the fears of the crowd as they employ cowardly straw man attacks.

So what is the point of my little tale above? To wit, Georgia Representative Sam Moore has introduced a bill (HB 1033) that would repeal all state laws related to loitering (defined as being on public property, ejection from private property is always permitted). Such laws empower local authorities to harass and intimidate (also known as profiling) those that they feel “look wrong” or “may be up to no good.” Current anti-loitering laws (GA §16-11-36) impose upon the citizens of this state a duty to produce proof of identity when such an inquiry is made under color of law enforcement. Current law states the officer may graciously allow one to prove their innocence “by requesting the person to identify himself and explain his presence and conduct.” To be clear this does not relate to probable cause (i.e. unambiguous evidence of potential or actual malfeasance), it solely relates to pure gut instinct, and nothing more. That these laws have stood for so many years is a ludicrous offense to a country supposedly founded on individual liberty. Sam Moore should be praised for his courage in opposing the status quo, not vilified with a false narrative.

But that’s not really the part of the bill that has gotten so many fired up. Legislation, like making sausage, is messy. Frequently new legislation that overrides parts of other unrelated legislation is added years later. Although the statutes related to loitering have nothing to do with restrictions on registered sex offenders, those statutes make reference to the loitering statutes so as to supersede any restrictions against them. Thus this bill (HB 1033) repeals those other statutes as well to ensure the complete and absolute abolishment of all anti-loitering laws. What ?!? Police can’t indiscriminately ask anyone for proof of identity just because they happen to be near a school or church? Clearly Sam Moore must hate children. It’s simply not possible that he is just as much against those that would harm children as his critics but simply feels there is a more effective route to achieving this end than maintaining Nazi-esque unconstitutional “prove-your-innocence” laws. These laws are in fact racist holdovers from the Jim Crow era recycled with a new purpose; to fool the credulous into believing the lie that such laws will protect our children. They do no such thing. They simply create a false sense of security that lulls us into complacency, making it more, not less, likely that such a predator will succeed.

 

Life, Liberty and Oligopoly for All!

Life, liberty and the pursuit of happiness: the protection of these rights is the bedrock upon which any legitimate government is founded (if such an oxymoron is possible). However, apparently somewhere along the way “oligopoly” was added to the list of inalienable rights. To wit, the latest example of such protectionist behavior was filed in the Georgia House of Representatives on February 5. A bill (HB907) was introduced that would expand the onerous taxicab and limousine regulations in order that they encompass the activities of internet based ridesharing services such as Uber and Lyft. For those unfamiliar with these services, they use a smartphone app based system to connect people that need transportation with those willing to provide it. Like the Internet it is peer-to-peer interaction with the host company merely maintaining the communication backend. It is a lean and efficient system that translates lower operational overhead into lower consumer costs. All drivers undergo a background check and vehicle inspection before they can sign up. To weed out both undesirable drivers as well as passengers these services employ a self-regulating Ebay-style reputation/feedback system.

These services are faster, often cheaper and can quickly respond to increases in demand, so it should come as no surprise that they’ve been having an impact on the bottom line of the traditional taxi services – many of which still don’t even accept credit cards in the cab. Taxi companies don’t like competition. So what do they do? Do they turn to government and ask “Why don’t you remove all your burdensome regulations so we too can operate more efficiently and at lower costs?” No. Instead they demand that if they must drag a 100-lb boulder everywhere they go, then so too must everyone else. In reality they never would ask for regulations to be repealed. Many had a hand in crafting them. These regulations artificially suppress the supply of service (oligopoly) so as to maintain elevated prices. As an industry, taxis operate nationwide under a byzantine set of rules that permit the local government (and often competitors as well) to determine, in their sole discretion, the precise perfect quantity of taxis needed in their jurisdiction. Once that is determined, taxi owners are allowed to purchase from the government that quintessential symbol of their “public necessity” role – the taxi medallion. The medallion is nothing more than a glorified business license, albeit an artificially limited license. To imagine how limiting the quantity of licenses issued for a service might affect prices paid by the consumer, imagine if, say, another occupation that is also bizarrely licensed by the state – barbers – (really? we really need government to ensure we get a good haircut?) were restricted to just one barber per town. Sure that one barber earns more, but everyone else loses. In the same way, the taxis that already have their medallion stand to benefit by using government to artificially limit who can participate in the taxi market.

When discussing this bill in public the taxi companies are not foolish enough to divulge it’s all about protecting their oligopolistic profits; no, they claim, (as do all politicians looking for an excuse to control our lives), it is about “public safety.” Yes, because clearly when someone is paying you for a lift you lose all ability to competently operate an automobile. Cars function completely differently when a paying passenger is in them as opposed to a non-paying passenger. Yes, how stupid of me to not realize this fact.

It’s a good thing we have government, otherwise how else would we be protected from the evils of innovative businesses attempting to compete with ossified fascist oligopolies.

Changing the Rules of the Game

September 1 will mark the end of an era, at least in Georgia anyway. This is the date that Amazon.com must begin collecting sales tax in Georgia. Some day you will wax nostalgic and regale your grandchildren with stories of how there was once a place where people could escape the clutches of intrusive government: the Internet. This was a place where anarchism reigned and yet everything worked without any rules or leaders. But slowly government began to stamp out the embers of this freedom bit by bit. First it was taxes, then it was privacy, and next it will likely be access. Internet license, please. As Nature abhors a vacuum, so too does government abhor freedom. Big Brother the busybody knows no boundaries. Big Brother demands his “piece of the action” in every transaction, no matter how small. Just as the mafia feels they have a right to a slice of any economic activity that occurs within their self-proclaimed “territory” so too does government operate upon an identical principal.

So how is it that this has come to pass in Georgia? Has Congress managed to stealthily pass the “Tax Fairness Act”? Fortunately no. This current state of affairs is the result of Georgia House Bill 386 passed on March 20, 2012. This bill follows the Orwellian mantra that if conventional definitions of words aren’t working for you, then simply write new definitions. This bill redefines a term called “nexus” in order to dragoon Amazon and similar entities into becoming uncompensated tax collectors for the state of Georgia. Nexus is a tax term which means “a connection” i.e. if a company has a physical presence (office, warehouse, employees, equipment, etc) then they are said to have a connection to the state sufficiently similar to a resident so as to make them liable for the same taxes a resident would be liable for. But this bill has now turned that definition on its head by broadening the term to the point where merely having a business relationship with an entity in Georgia will confer “nexus” upon the foreign entity. It is hard to see how those who voted for this bill did not recognize the perverse incentive buried within it, namely that companies outside of Georgia will choose to NOT establish any business dealings with companies inside Georgia lest they become entangled with the Georgia Department of Revenue.

As if loss of business opportunities and higher taxes wasn’t bad enough, it gets even worse. Nexus and residency have always had a common shared characteristic: physical presence. Not anymore. Now that nexus is based on the most ephemeral of connections to the state how long is it until the residency definition undergoes a similar metamorphosis? If the two are indeed linked in their common purpose of establishing tax liability, then a change in one will invariably result in a change in the other. Therefore Georgia may one day establish that residents of other states are also in fact Georgia “residents” for purposes of income tax. Once that precedent comes to pass then what is to stop others states from likewise inflicting such taxes upon Georgians? Perhaps some day you’ll get an income tax notice from Florida because you vacationed there once. “You enjoyed the generous state benefits of roads and municipal services while here, so certainly you should be paying your fair share” will be the justification. Each blow of the precedential ax upon the tree of freedom accumulates damage until finally one day that tree is felled.

Naturally this new sales tax collection is being heralded by the economically illiterate as a boon for the “brick and mortar” stores. The initiation of sales tax collection will have ZERO effect on expanding local sales in Georgia. Why? People aren’t ordering on line to avoid a few bucks in taxes. They are ordering online because it is convenient. The lack of sales tax is just a perk. Removing that perk is not going to change people’s behavior. It is however going to reduce what people can spend to the tune of $16 million. This will only harm the individual as well as local businesses they are already shopping at. Increased taxes reduce the individual’s capacity to spend – everywhere. This is supposed to help the economy?

 

Invalid Means yield illegitimate Ends

Damned if you do and damned if you don’t. This sentiment pretty much sums up the state of affairs in Georgia with respect to DUI evidence collection. If a driver is pulled over in Georgia and is suspected of being inebriated, then the law requires that the officer ask if they will submit to a BAC (blood alcohol content) test. The law also permits the driver to refuse, however under Georgia’s “implied consent” laws (one’s tacit agreement with the state in order to acquire a driver’s license) any driver who refuses will have their driving license revoked for not less than 1 year. However, just as in an M. Night Shyamalan movie, there is a twist. Since 2006, if you refuse the test, the police can then get a search warrant and forcibly extract your blood. This is done in rather Guantanamo-esque style  in Gwinnet county (see video) where at least five burly officers forcibly hold the suspect down while being tightly strapped to a gurney. This dehumanizing treatment is visited upon both the resistant and compliant alike.

Now don’t get me wrong, those that drive under the influence of anything (alcohol, drugs, texting, etc) are among the vilest sort of individuals. They put their own selfish pursuits above the safety of others as they recklessly navigate our roadways. Removing such drivers from the roads should be one of the paramount goals of the police. I see no issue with sobriety stops per se. Were the roads not monopolistically owned by the government it would be equally incumbent upon private road owners to purge their roadways of such drivers (dangerous roads are bad for business). So while I object to the government owning roads (as there is no justification for state sanctioned monopolies in any industry) I also recognize the reality today is that they do own them. Therefore, as owners, they have an obligation to keep them safe. Sobriety checkpoints are a valid tool to achieve that goal. The only problem with such checkpoints from a civil liberties standpoint is when they are used as a pretext to engage in warrantless searches and seizures that have nothing whatsoever to do with driving safety.

If the goal is to remove impaired drivers from the road before they can cause harm, then this is clearly achieved via license loss. Forcing a BAC test is superfluous if license loss has already occurred. In fact, making the penalty for refusal equal to the penalty for a positive test would more efficiently achieve the desired goal. It would both provide an even greater incentive to not drive drunk while removing from the roadways those that do so anyways. If an accident has occurred and a presumably drunk driver kills someone, then that driver is not going to go free even if they refuse a BAC test; they will be prosecuted based on their actions. Absent any mitigating circumstances (like proof of being drug/alcohol free) they will incur the maximum penalty. A refusal harms no one but the accused.

The 5th amendment guarantees the right of each person not to “be compelled in any criminal case to be a witness against himself.” Obtaining a warrant to invade someone’s body makes a mockery of the intent of this amendment.  If this is not compelling someone, then I don’t know what is. If some day there is technology that can read memories shall the police be permitted to obtain warrants against all suspects and witnesses and then forcibly extract whatever information they deem might be relevant? The truth is important. Justice is important. But results are what matter. The goal should be to achieve the desired result without violating human rights and dignity. So yes, the ends do matter, but the means of achieving those ends matter even more. America, Georgia, is selling its soul for the illusion of justice and safety.

Barking at Ethics

Georgia House Bill 142 (introduced on January 29, 2013) attempts to reform ethic laws in this state. Sadly, legislators have, in their zeal to cast a wider ethical net, broadened the definition of lobbyist so wide that it now encompasses basically everyone except elected officials themselves (just wait, that will come next!). Yes, this includes even you and me. The particularly onerous portions of this bill, the reporting requirements, do not apply to individual citizens expressing “personal views” UNLESS they are speaking to someone elected statewide who was not elected within their district. In other words, as the law is written (as of today February 10, 2013) if you wish to speak to the Governor, Secretary of State, Public Service Commissioner, etc. and discuss anything other than the weather or sports you technically would need to register with the state of Georgia as a lobbyist and pay a $300 annual fee for the privilege thereof.

This provision clearly violates the 1st Amendment to the US Constitution (in conjunction with the supremacy clause) or the 14th Amendment (take your pick) insofar as the 1st Amendment guarantees “the right of the people… to petition the Government for a redress of grievances.” That key phrase “right of the people to petition” – defines precisely what “lobbying” is. Therefore any laws that in any way hinder the ability of anyone to petition (lobby) are violations of this core Constitutional right. It is immaterial toward the exercise of this right whether I (or a group of people) personally petition the government or if I hire someone to act on my (or our) behalf.

The idea that society requires the intervening hand of a strong, beneficent governing body in order to keep us all in line relies upon the argument that, in general, people are bad and need to be governed. This faith in a paternalistic government rests squarely on the assumption that elected officials must necessarily be “better” than the rest of us, for if they are not, what is the point in being ruled by those no better than we? And if they are indeed not any better than we (as evidenced by the apparent need for various ethics and transparency laws), this then begs the question: if the problem with society is imperfect humans, why put imperfect humans in charge? We make the problem worse by conferring special power privileges to those in charge that invite a level of abuse that would otherwise be impossible absent such special privilege.

The fact that we find it necessary to pass ethics laws demonstrates the fundamental flaw of monopoly government. Abuse of power. Ethics laws are mere band-aids that do not address the underlying incentive problem. It is in man’s nature to abuse power just as surely as it is in a dog’s nature to bark. You can muzzle the dog, but he still barks, albeit softly. Ethics laws simply shift unethical behavior underground. I suppose if sweeping dirt under the rug constitutes “cleaning” then ethics laws “solve” ethical issues equally well.

I, like so many others, am justifiably upset with the power and sway some lobbyists seem to hold over many in government. But I’m not upset with the lobbyists; rather I’m upset with a system that encourages rent seeking by a small but vocal minority (rent seeking being the activity of manipulating the power of government so as to benefit oneself at the expense of others). The only way to solve “ethics” problems in government is to remove the incentives to “buy” power. Eliminate the monopoly power government has over the activities being lobbied. I don’t lobby McDonalds to build a restaurant near me, rather, I eat at Burger King. If McDonald’s wants my dollar, they have to earn it. So too should it be with government.

Staples… yeah, we’ve got that!

Among the many positions being voted on November 6 is the rather mundanely named “Public Service Commissioner.” In Georgia we have a government granted monopoly for providers of various utilities (electric, natural gas, telecommunications) and in order to keep Joe Citizen from getting gouged by a state imposed monopolistic system the Public Service Commission was established to allow the citizens to have an indirect voice in keeping prices in check. I suspect that this innocuous naming was a concession to those regulated industries in order to minimize the potential that the public might actually become aware they could exercise such control. Perhaps “Monopoly Justice League” might garner more voter attention.

Why do I bring up this seemingly sleepy little race? Because it is one of those rare circumstances where Democrats, Republicans and Libertarians can (or should) all agree that ethics trumps party affiliation. The incumbent candidate for PSC District 5, Stan Wise (R), has engaged in behavior that while following the letter of the law clearly does not follow its intent. People associated with the utilities he regulates have contributed about 90% of the funds received in his reelection campaign.  I see no need to waste words on painting the obvious conflict of interest. Of course I suppose it is possible such donations had no such influence. Just as it is entirely possible Mr. Wise coincidentally voted repeatedly in a way that benefited the regulated industry at the expense of the citizens. It is possible.

Fortunately there is a choice in the District 5 race: David Staples (L). David has taken a pledge to accept NO gifts of any kind from anyone connected to regulated industries. Although David is a Libertarian, allow me to set aside any concerns those of you who normally vote D or R might have (well I suppose just R, as for the D’s reading this, it should be an easy sell to vote for David insofar as you are voting against the Republican – there is no Democrat candidate in the District 5 race). Even if you disagree with Libertarians on some issues, those issues are irrelevant on the PSC owing to the limited powers the PSC has from an ideological and legislative standpoint (i.e. the PSC can’t legalize drugs!). Basically the PSC votes on rate increases and monitors functions that will impact consumer costs (e.g. nuclear reactor construction). That’s about it. They cannot make or introduce new law. From a financial standpoint a libertarian is the ideal candidate for this position. Just as they turn a skeptical eye to big government proposals for increased spending, they will turn the same skeptical eye toward big utility proposals for rate increases. Likewise, a libertarian will seize on opportunities to enhance free market competition within the boundaries of the current monopoly system. Competition should be encouraged since it can only reduce prices. For example, it is illustrative to see the views of current commissioners regarding competition. Currently the Territorial Electric Service Act of 1973 does not allow any business to compete with a utility in its “region” (turf). This policy has thus far barred from Georgia the possibility of increased use of solar energy through a market based (rather than taxpayer funded subsidy based) approach that would eliminate the high upfront cost barrier. It is therefore illegal for a company to install solar panels free of charge on a customer’s home and simply charge the customer on a per kWh basis just as an electric utility would.

David Staples would vote to allow such entities to enter the market when and if that act is modified by the legislature. However, Stan Wise holds the paternalistic view that Georgia is “far from ready” for such arrangements.  Gee, thanks Stan, but I’ll make that decision on my own, I don’t need your guidance. On November 6 vote for ethics and for choice. Vote for David Staples. See www.votestaples.com & this interview for more info.

Permission to live

The state of Georgia has officially made it illegal to make a living UNLESS you are willing to ask your master for permission first (namely the state & federal government). To wit: I discovered today that in order to maintain the extreme privilege of operating a business in Georgia one must now sign a sworn affidavit and provide documentary evidence that one is a US citizen.

So now not only are business owners drafted into being unwilling arms of the state apparatus by being required to make their employees prove they are US citizens, but now business owners themselves must prove to the state they are US citizens (because clearly that is a real problem, undocumented illegal aliens coming to this country to establish self-sustaining businesses).

What pray tell could be the rationale for this: Well according to OCGA §50-36-1 any “public benefit” one might receive requires said recipient to prove they are a US citizen. However their definition of “public benefit” is quite odd insofar as it includes “benefits” that the state itself REQUIRES business owners to obtain from the state, namely business or other occupational licenses. If a business license given to me by the state is a “benefit” that is causing them so much distress is doling out, I’ll be the first to volunteer that they can keep it. Somehow I think businesses would run just fine absent a framed piece of paper on the wall.

To those not familiar with the regulatory hurdles one must go thorough to operate a business in this state (and I assume most states): this is not merely a one time annoyance, i.e. get your license and you’re done. Oh no, this is an annual event, every year I must prove to my overlords that I was a US citizen last year and oddly enough 12 months later I’m still a US citizen. I need to provide copies of citizenship records, I need an affidavit signed and notarized.  A few years ago it was one form, last year it was 2, now it is 3 this year and I will be shortly required to obtain the not so euphemistically named “Federal work authorization user identification number” in order to enjoy the simple privilege of operating a business and being permitted to hire employees.

But I’m a good little slave to the state and I signed my document with tail tucked between my legs knowing that if I refused to the bitter end I would ultimately be dragged from my home or office at gunpoint – all because I simply see no reason any human being should ask for permission of another human being whether they can work or not. Here’s a copy of the form to which I attached my own “Signing Statement”. If it’s a bit hard to read, here’s what I said:

“Signing statement: I sign this document under duress owing to the implied threat of violence resulting from non-compliance. OCGA §50-36-1 is morally unsound law. My inalienable right to peacefully engage in trade is not predicated or dependent on the prior approval of another person or persons. The state has no authority to say I have no right to work or trade unless I kiss their ring.”