DOCSLIB.ORG

Legal Plunder: Civil Asset Forfeiture in North Dakota

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Legal Plunder: Civil Asset Forfeiture in North Dakota LEGAL PLUNDER: CIVIL ASSET FORFEITURE IN NORTH DAKOTA Released April 2018 Researchers: Raheem Williams, M.A. Table of Contents INTRODUCTION .................................................................... 3 BACKGROUND ...................................................................... 3 NORTH DAKOTA ................................................................... 4 CURRENT LAW ............................................................................. 4 TRACKING CIVIL ASSET FORFEITURE............................................ 5 LEGISLATIVE REFORM .................................................................. 5 CONCLUSION ........................................................................ 6 REFERENCES ......................................................................... 7 “It is impossible to introduce into society a greater change and a greater evil than this: the conversion of the law into an instrument of plunder.” – Frédéric Bastiat 1 1 Bastiat, Frederic. (1850). The Law. Library of Economics and Liberty. Retrieved from http://econlib.org/library/Bastiat/basLaw.html 2 Introduction Secure private property rights encourage economic growth. Studies have found that nations that protect private property rights experience more economic growth (Knack & Keefer, 1995; Leblang, 1996; Svensson, 1998; Weingast, 1995). Therefore, ensuring a strong system of private property rights and protections should be considered a pre-requisite to achieving growth and higher living standards. Modern civil asset forfeiture practices weaken private property rights by allowing the state to seize property without due process or public transparency. While these laws were originally intended to help police crackdown on organized crime, they create perverse economic incentives that can lead to abuse. A renewed focus on this issue by national organizations has sparked citizen protection reforms in some states, but meaningful reforms have not been enacted in North Dakota. With civil asset forfeiture laws that heavily favor law enforcement, the strength of North Dakota’s private property rights could be in question. This policy paper will review the definition of civil asset forfeiture, clarify the laws in North Dakota, examine recent legislative attempts at reform, and, finally, make policy recommendations. Background Civil asset forfeiture is a legal procedure that allows law enforcement officials at various levels of government to seize private property without due process. It was first introduced to the rule of law through a series of early Supreme Court cases involving illegal trade (The Palmyra, 1827; United States v. The Brig Malek Adhel, 1844). It was intended to help law enforcement restrict trade related to illicit activities and fight organized crime. Ideally, the Fifth Amendment’s due process clause would protect citizens against unlawful civil asset forfeiture (Cheh, 1998; Kim, 1997; Piety, 1990; Ross, 2000). In reality, civil asset forfeiture opens the door to corruption and policing for profit. The constitutionality of this practice has been increasingly scrutinized by leading legal advocacy organizations across the political spectrum, including the American Civil Liberties Union and the Institute for Justice. Law enforcement abuses are being exposed with greater frequency due to the work of these legal watchdog groups, leading states to weigh the benefits of civil asset forfeiture against upholding citizens’ constitutional liberties. 3 North Dakota In a national study of state civil asset forfeiture laws by the Institute for Justice, North Dakota tied for worst in the country, receiving an “F” grade for citizen protections (Institute for Justice, 2014). North Dakota state law only requires “probable cause” to seize assets. This is the lowest possible standard of proof for government seizures (Institute for Justice, 2014). Additionally, when property is seized for illegal activity without the owner’s knowledge, the burden of proof is placed on the owner to prove his or her innocence in order to recover the seized property. If the notion of “innocent until proven guilty” is to be preserved, the burden of proof should be on the state. Current Law Chapter 29-31.1 of the North Dakota Century Code defines forfeitable property as: a. Property that is illegally possessed or is contraband. b. Property that has been used or is intended to be used to facilitate the commission of a criminal offense or to avoid detection or apprehension of a person committing a criminal offense. c. Property that is acquired as or from the proceeds of a criminal offense. d. Property offered or given to another as an inducement for the commission of a criminal offense. e. A vehicle or other means of transportation used in the commission of a felony, the escape from the scene of the commission of a felony, or in the transportation of property that is the subject matter of a felony. f. Personal property used in the theft of livestock or the transportation of stolen livestock (N.D. Cent. Code §§ 29-31.1-10, 1991 & 2009). This broad definition allows the state almost unlimited power to confiscate property. The law in its current form allows law enforcement to make judgment decisions on the “intended use” of property. It also allows the sale of seized assets and the retention of the proceeds from such sales (Williams, 2002). Agencies in North Dakota receive up to 100 percent of civil asset forfeiture proceeds, and if the forfeiture fund exceeds $200,000 during the two-year budgetary period, excess proceeds are deposited in the General Fund (Institute for Justice, 2014). This creates a use-it-or-lose incentive that could encourage the seizure of assets (Institute for Justice, 2014). 4 In its current form, North Dakota’s civil asset forfeiture law tips the scale too far in favor of law enforcement. While there is no evidence that law enforcement officials are abusing this power, there is a troubling lack of transparency. Tracking Civil Asset Forfeiture The North Dakota Century Code does not require local law enforcement to track civil asset forfeiture proceeds, making it difficult to understand the degree to which North Dakotans are affected. The most accessible data available comes from the Department of Justice, which tracks the use of Equitable Sharing Agreements (ESA). ESAs outline how the proceeds of civil asset forfeitures are split between local, state, and federal law enforcement in cases involving multiple agencies (Carpenter, Salzman, & Knepper, 2011). A quick look at the data compiled from the Department of Justice shows that North Dakota law enforcement rarely utilize ESAs. The state received only $550,483 in equitable sharing proceeds from 2000-2013. This makes North Dakota the second best state in terms of federal civil asset forfeiture, according to rankings by the Institute for Justice (Carpenter, Knepper, Erickson, & McDonald, 2015). However, this seemingly good news could be deceptive. North Dakota’s civil asset forfeiture laws are favorable enough to local and state law enforcement that there is little incentive to collaborate with federal officials. In theory, local law enforcement keep more of the proceeds from asset forfeiture by not including federal law enforcement. Legislative Reform In order to discourage the possibility of abuse, H.B. 1170 was introduced during the most recent legislative session (North Dakota Legislative Assembly, 2017a, p. 70). This bill would have amended North Dakota Century Code Chapter 29.31.1. The amendment, Chapter 29.31.2, required a conviction before seizing property in most cases. However, the amendment did allow police to immediately seize property when there was “probable cause to believe the delay occasioned by the necessity to obtain process would result in the removal or destruction of the personal property.” Additionally, it allowed the courts to collect the equivalent in forfeitable property if the intended property was purposely hidden to avoid seizure. The bill also allowed for the immediate seizure of property from persons with a known criminal history. 5 In regards to protecting the property rights of the citizens of North Dakota, Chapter 29.31.2 guaranteed defendants or third party claimants the right to challenge the validity of a seizure in a pre-trial hearing. Citizens could request a court hearing for property seized any time prior to 60 days before the relevant trial. Such hearings would be held within 30 days of the motion being filed. Lastly, the amendment forbid the retention of forfeited property by law enforcement, substantially reducing the risk of corruption (Malcolm, 2016; Willliams, 2002). Instead, the bill proposed that proceeds from civil asset forfeiture sales would go into the General Fund. H.B. 1170 passed in the North Dakota House (North Dakota Legislative Assembly, 2017a, p. 767) but failed in the Senate (North Dakota Legislative Assembly, 2017b, p. 1018). No civil asset forfeiture reforms were enacted in the 2017 Legislative Assembly. Conclusion Property rights and economic growth are intrinsically linked (Knack & Keefer, 1995; Leblang, 1996; Svensson, 1998; Weingast, 1995). The state should reinforce such rights whenever possible. The people of North Dakota deserve to be secure in their persons and the protection of their property. Given the lack of available data on this issue, it is difficult to measure the impact, if any, civil asset forfeitures have on the state economy. While there is no evidence to condemn or accuse state and local law enforcement officials
Load more

Recommended publications
  • Growing Exports
    Brazil English cover 9/8/03 8:51 PM Page 3 Growing exports The Brazilian tropical timber industry and international markets Duncan Macqueen (Ed.) Maryanne Grieg-Gran Eirivelthon Lima James MacGregor Frank Merry Neil Scotland Roberto Smeraldi Carlos Young July, 2003 Copies of this report are available in Portuguese from: Earthprint Limited, Orders Department, P.O. Box 119, Stevenage, Hertfordshire, SG1 4TP e-mail: [email protected] http://www.earthprint.com For enquiries - Tel: +44 1438 748111 Fax: +44 1438 748844 e-mail: [email protected] Correspondence should be addressed to: Duncan Macqueen, Forestry and Land Use Programme, International Institute for Environment and Development, 4 Hanover Street, Edinburgh EH2 2EN Tel: +44 131 226 6860 Fax: +44 131 624 7050 e-mail: [email protected] Website: http://www.iied.org Citation: Macqueen, D.J., Grieg-Gran, M., Lima, E., MacGregor, J., Merry, F., Prochnik, V., Scotland, N., Smeraldi, R. and Young, C.E.F. (2003) Growing Exports: The Brazilian tropical timber industry and international markets. IIED Small and Medium Enterprise series No.1. International Institute for Environment and Development, London, UK. Design: Eileen Higgins Cover photos: Duncan Macqueen Illustration on cover and chapter pages: Print: by Russel Press, Nottingham, UK. Printed on Sovereign Silk 115gsm, 100% chlorine free ISBN 1 84369 437 9 "English is a simple but hard language. It consists entirely of foreign words pronounced wrongly" - Kurt Tucholsky i Author Contact Details: Maryanne Grieg-Gran International Institute for Environment and Development (IIED) 3 Endsleigh Street London WC1H 0DD Tel: ++ 44 207 872 7325 Email: [email protected] Eirivelthon Lima Instituto de Pesquisa Ambiental da Amazônia (IPAM) Av.
    [Show full text]
  • Markets Not Capitalism Explores the Gap Between Radically Freed Markets and the Capitalist-Controlled Markets That Prevail Today
    individualist anarchism against bosses, inequality, corporate power, and structural poverty Edited by Gary Chartier & Charles W. Johnson Individualist anarchists believe in mutual exchange, not economic privilege. They believe in freed markets, not capitalism. They defend a distinctive response to the challenges of ending global capitalism and achieving social justice: eliminate the political privileges that prop up capitalists. Massive concentrations of wealth, rigid economic hierarchies, and unsustainable modes of production are not the results of the market form, but of markets deformed and rigged by a network of state-secured controls and privileges to the business class. Markets Not Capitalism explores the gap between radically freed markets and the capitalist-controlled markets that prevail today. It explains how liberating market exchange from state capitalist privilege can abolish structural poverty, help working people take control over the conditions of their labor, and redistribute wealth and social power. Featuring discussions of socialism, capitalism, markets, ownership, labor struggle, grassroots privatization, intellectual property, health care, racism, sexism, and environmental issues, this unique collection brings together classic essays by Cleyre, and such contemporary innovators as Kevin Carson and Roderick Long. It introduces an eye-opening approach to radical social thought, rooted equally in libertarian socialism and market anarchism. “We on the left need a good shake to get us thinking, and these arguments for market anarchism do the job in lively and thoughtful fashion.” – Alexander Cockburn, editor and publisher, Counterpunch “Anarchy is not chaos; nor is it violence. This rich and provocative gathering of essays by anarchists past and present imagines society unburdened by state, markets un-warped by capitalism.
    [Show full text]
  • Principles of Macroeconomic Literacy
    Principles of Macroeconomic Literacy Principles of Macroeconomic Literacy John Scott University of North Georgia Copyright © 2015 John Scott All rights reserved. No part of this book may be reproduced in whole or in part without written permission from the publishers, except by reviewers who may quote breif excerpts in connection with a review in newspaper, magazine, or electronic publications; nor may any part of this book be reproduced, stored in a retrieval system, or transmitted in any form or by any means electronic, mechanical, photocopying, recording, or other, without written permission from the publisher. Published by: University of North Georgia Press Dahlonega, Georgia Printing Support by: Booklogix Publishing Services, Inc Alpharetta, Georgia Cover design by Corey Parson ISBN: 978-1-940771-18-2 Printed in the United States of America, 2015 For more information, please visit ung.edu/press Or email [email protected] If you need this document in another format, please email the University of North Georgia Press at [email protected] or call 706-864-1556. Contents Chapter 1 Economic Decisions-------------------------------------- 9 Chapter 2 Government Decision Making: Public Choice - - - - - - - - - - 27 Chapter 3 Value Creation Through Production -------------------------- 45 Chapter 4 Value Creation Through Trade------------------------------ 55 Chapter 5 Socialism and Capitalism --------------------------------- 69 Chapter 6 Money and Prices -------------------------------------- 79 Chapter 7 Causes and Effects of Inflation ------------------------------ 91 Chapter 8 Credit Markets ----------------------------------------101 Chapter 9 Output, Income, and Economic Growth - - - - - - - - - - - -115 Chapter 10 Labor Markets-----------------------------------------127 Chapter 11 Macroeconomic Adjustment - - - - - - - - - - - - - - - -139 Chapter 12 The Federal Budget -------------------------------------153 Summary of the Entire Text 7 SUMMARY OF THE ENTIRE TEXT People try to make themselves better off by interacting with each other in the economy.
    [Show full text]
  • ENTR 301: Principled Entrepreneurship & the Free
    ENTR 301: Principled Entrepreneurship & The Free Enterprise System Russell S. Sobel, Ph.D. Professor of Economics and Entrepreneurship Baker School of Business The Citadel ENTR 301 Outline Level Section IV: Principled Entrepreneurship, Crony Capitalism, and Unproductive Entrepreneurship • Part 10: Legal Plunder, Crony Capitalism, and Unproductive Entrepreneurship What is ‘Coercion’? Voluntary exchanges and actions make both parties better off, and are socially productive. Coercive actions do not….they violate human rights, and make at least one party worse off. But what is the definition? • An action is coercive if the other party is willing to devote resources to making you worse off if you don’t comply. Bastiat’s The Law Frédéric Bastiat (1801-1850) Bastiat: Production vs. Plunder “Man can only derive life and enjoyment from a perpetual search and appropriation; that is, from a perpetual application of his faculties to objects, or from labor. This is the origin of property. But also he may live and enjoy, by seizing and appropriating the productions of the faculties of his fellow men. This is the origin of plunder.” “Now, labor being in itself a pain, and man being naturally inclined to avoid pain, it follows, and history proves it, that wherever plunder is less burdensome than labor, it prevails; and neither religion nor morality can, in this case, prevent it from prevailing. When does plunder cease, then? When it becomes more burdensome and more dangerous than labor.” His argument… step 1 So in Bastiat’s view: Individuals trying to better their own situations will either produce or plunder to get ahead depending on whichever gives the ‘highest rate of return’ (benefit relative to cost) Bastiat: Rights & The Role of Government “If every man has the right of defending, even by force, his person, his liberty, and his property, a number of men have the right to combine together to extend, to organize a common force to provide regularly for this defense.
    [Show full text]
  • 3 Rent Seeking
    3 Rent seeking The theory of rent seeking Up to this point, Tullock’s contribution to public choice has only been lightly touched upon. However, he is clearly one of the leading public choice theorists. In addition to his early work with Buchanan, he is probably best known for his seminal insights into the theory of rent seeking. Indeed, rent seeking is perhaps one of the foremost advances in modern economics. In his most recent work on the subject, Tullock defines rent seeking as “the manipulation of de- mocratic [or other types of] governments to obtain special privileges under circumstances where the people injured by the privileges are hurt more than the beneficiary gains” (Tullock 1993, p. 24, cf. p. 51). Rent seeking is a natural outcome of the political process, especially in democratic nations. Special interest groups seek political favors and politicians seek re-election primarily (although cash seek- ing does play some smaller role) (Tullock 1993, p. 31). As Boettke notes, “The problem, as Mancur Olson ar- gued in his Rise and Decline of Nations, is that as political stability occurs, entrenched interests form which, eventu- ally, through their rent-seeking activity, retard the further economic development of a country” (Boettke 1992, p. 71). 42 Then as the condition of demosclerosis becomes more per- vasive and critical, rent seeking develops into part of the normal course of business. Firms begin to see various taxes, both explicit and implicit (i.e., via regulation, liabil- ity rulings, takings, inflation, etc.) as normal expenses, along with the increased expense of hiring professionals to minimize these taxes.
    [Show full text]
  • Right of Property
    THE -" NATURAL AND ARTIFICIAL RIGHT OF PROPERTY CONTRASTED. A SERIES OF LETTERS, ADDRESSED WITHOUT PER.MISSION, TO If.BROUGHA3I, ,Esq.M,P. F.R.S.&c. (NOW TIIE LORD CHAN- CELLOR.) BY TItE AUTHOR OF ,c LABOUR DEFENDED AGAINST THE CLAIMS OF CAPITAL." To discover errors in axioms, or first principles grounded in fae.ts, is like the breaking of a charm. The enchanted castle, the steepy rock, the burning lake, disappear; and the paths that lead to truth, which we imagined to be so long, so embarrassed, and so difficult, shew as they are---short, open, and easy. Belingbrok¢. LONDON: PUBLISHED BY B. STEIL, PATERNOSTER ROW, AND MAY BE HAD OF ALL BOOKSELLERS- 183Z ADVERTISEMENT. T_g present letters, except verbal alterations, wexe written in the year 1829, and consequently in ignorance of those political cor.vulsions which have le__the author to think that this is a proper time to publish them. In his opinion, the contest now going on in society, the preternatural throes and hearings which frightfully con- vulse it from one end to the other_ arise exclusively and altogether from the right of property_ and can be neither understood nor relieved, but by attending to the great distinction he has endeavoured to establish between the natural and the leg-al right of property. Whether .his voice be listened to or not is of trifling moment; but it is of infinite importance to every man to listen to the voice of nature, let who will be its interpreter. To elucidate some vf the following remarks, it is right to add, that the present is only an episode in a larger work relating to criminal law.
    [Show full text]
  • Bastiat, Frédéric
    pfront-04.qxd 6/8/2004 2:17 PM Page i The Law by Frederic Bastiat Translated from the French by Dean Russell Foreword by Walter E. Williams Introduction by Richard Ebeling Afterword by Sheldon Richman Foundation for Economic Education Irvington-on-Hudson, New York pfront-04.qxd 6/8/2004 2:17 PM Page ii The Law Copyright © 1998 by the Foundation for Economic Education All rights reserved. No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording or by any information storage and retrieval system without permis- sion in writing from the publisher, except by a reviewer, who may quote brief passages in a review. Foundation for Economic Education 30 South Broadway Irvington-on-Hudson, NY 10533 (914) 591-7230 Publisher’s Cataloging in Publication (Prepared by Quality Books, Inc.) Bastiat, Frederic, 1801-1850 [Loi. English] The law / Frederic Bastiat. — 2nd ed. p. cm. Includes index Preassigned LCCN: 98-73568 ISBN 1-57246-073-3 1. Law and socialism. 2. Law—Philosophy. 3. Socialism and liberty. I. Title. K357.B37 1998 340.115 QBI98-1118 Second edition, August 1998 second printing, September 2000; third printing, October 2001 fourth printing, June 2004 Cover design by Doug Hesseltine Manufactured in the United States of America pfront-04.qxd 6/8/2004 2:17 PM Page iii Foreword Walter E. Williams I must have been forty years old before reading Frederic Bastiat’s classic The Law. An anonymous person, to whom I shall eternally be in debt, mailed me an unsolicited copy.
    [Show full text]
  • PDF Download Second Treatise of Government and a Letter Concerning Toleration 1St Edition
    SECOND TREATISE OF GOVERNMENT AND A LETTER CONCERNING TOLERATION 1ST EDITION PDF, EPUB, EBOOK Locke | 9780486424644 | | | | | Second Treatise of Government and a Letter Concerning Toleration 1st edition PDF Book Now that we have a super abundance, Locke needs to justify why we can step away from his old rule of the taking of no excess, and hoarding to the point of spoilage. Qwestbooks Philadelphia, PA, U. But since it is impossible to discover the true heir of Adam, no government, under Filmer's principles, can require that its members obey its rulers. That he is known as the "father of liberalism" makes a good deal of sense. Considered one of the first of the British empiricists, following the tradition of Francis Bacon, he is equally important to social contract theory. He builds with the elements of power -- slavery is not a right but a sustained state of war, paternal power is different than power of the government. No longer does man owe himself to the common lot, but uses the state to augment his own affairs, relying on the state to protect the commons, but the only protection the commons needs is preservation of property, and defense against transgressions. His writings influenced Voltaire and Rousseau, many Scottish Enlightenment thinkers, as well as the American revolutionaries. This is a justified critique on Locke's thoughts, since he was active in the Plantation business therefore slavery. Nov 13, Brian rated it liked it Shelves: politics. To be a slave is to be subject to the absolute, arbitrary power of another; as men do not have this power even over themselves, they cannot sell or otherwise grant it to another.
    [Show full text]
  • Frederic Bastiat
    SUBSCRIBE NOW AND RECEIVE CRISIS AND LEVIATHAN* FREE! “The Independent Review does not accept “The Independent Review is pronouncements of government officials nor the excellent.” conventional wisdom at face value.” —GARY BECKER, Noble Laureate —JOHN R. MACARTHUR, Publisher, Harper’s in Economic Sciences Subscribe to The Independent Review and receive a free book of your choice* such as the 25th Anniversary Edition of Crisis and Leviathan: Critical Episodes in the Growth of American Government, by Founding Editor Robert Higgs. This quarterly journal, guided by co-editors Christopher J. Coyne, and Michael C. Munger, and Robert M. Whaples offers leading-edge insights on today’s most critical issues in economics, healthcare, education, law, history, political science, philosophy, and sociology. Thought-provoking and educational, The Independent Review is blazing the way toward informed debate! Student? Educator? Journalist? Business or civic leader? Engaged citizen? This journal is for YOU! *Order today for more FREE book options Perfect for students or anyone on the go! The Independent Review is available on mobile devices or tablets: iOS devices, Amazon Kindle Fire, or Android through Magzter. INDEPENDENT INSTITUTE, 100 SWAN WAY, OAKLAND, CA 94621 • 800-927-8733 • [email protected] PROMO CODE IRA1703 PREDECESSORS Frédéric Bastiat: Libertarian Challenger or Political Bargainer? ✦ BRIAN BAUGUS ocial thinkers and scholars tend to moderate their beliefs, especially their most radical beliefs, as they age. Many who begin their careers as radical libertarians, Schallenging the status quo and extensive state power, tire over time or realize that holding such views obstructs their careers. Hence, they moderate their views or compromise their most radical ideas, at least publicly, and express greater support for incrementalism and working within the established system.
    [Show full text]
  • The Freeman 1989
    THEFREE IDEAS ON LIBERTY 52 Lessons in a Supermarket CONTENTS John A. Baden and Ramona Marotz-Baden FEBRUARY Voluntary transactions lead to peaceful interaction. 1989 54 Growth Controls and Individual Liberties VOL. 39 Jonathan Sandy and Dirk Yandell NO.2 The personal and economic costs of government control of private property. 57 Why Is There a Drug Problem? George C. Leef Seeking answers to a complex question. 60 "What Do You Want to Be?" Margaret Bidinotto Encouraging children to make choices. 62 Responding to the Oil Shock: The U.S. Economy Since 1973 Rodolfo Alejo Gonzalez and Roger Nils Folsom Rational and nonrational responses to the energy "crisis." 66 The Entrenchment of the State Matthew Hoffman Why has no major Communist government ever been overthrown from within? 69 Blockading Ourselves Cecil E. Bohanon and T. Norman Van Cott What th~ blockade of Confederate ports teaches about protectionism. 71 Popper, Hayek, and Classical Liberalism Jeremy Shearmur Which form of social organization would best enable us to learn from our mistakes? 74 Islamic Capitalism: The Turkish Boom Nick Elliott Individual effort points the way to a prosperous future. 76 Markets and Morality Peter J. Hill The moral advantages of a social system that holds individuals accountable for their actions. 80 Taxation Versus Efficiency Richard Jones How taxation discourages the advantages of specialization. 82 Myths of the Rich Man Joseph S. Fulda The market process assures us that society will never be at the mercy of one malevolent monopolist. 84 Book Reviews The second volume in The Life ofHerbert Hoover by George Nash.
    [Show full text]
  • Government Regulation: from Independence to Dependency, Part One
    Scholars Crossing Faculty Publications and Presentations Helms School of Government 2013 Government Regulation: From Independence to Dependency, Part One Steven Alan Samson [email protected] Follow this and additional works at: https://digitalcommons.liberty.edu/gov_fac_pubs Part of the Policy Design, Analysis, and Evaluation Commons, Policy History, Theory, and Methods Commons, Political Science Commons, and the Public Policy Commons Recommended Citation Samson, Steven. “Government Regulation: From Independence to Dependency, Part One,” The Western Australian Jurist, Volume 4 (2013). 117-161. This Article is brought to you for free and open access by the Helms School of Government at Scholars Crossing. It has been accepted for inclusion in Faculty Publications and Presentations by an authorized administrator of Scholars Crossing. For more information, please contact [email protected]. Vol 4 The Western Australian Jurist 117 GOVERNMENT REGULATION: FROM INDEPENDENCE TO DEPENDENCY, PART ONE * STEVEN ALAN SAMSON Abstract What Robert Bellah calls ‘expressive individualism’ has led to unprecedented social legislation in America and expanded government employment since the 1960s, helping to produce a generous supply of public services, policy entrepreneurs, and clientele groups. The legal scholar Lawrence M Friedman notes that ‘the right to be “oneself,” to choose oneself, is placed in a special and privileged position.’ As a consequence, ‘achievement is defined in subjective, personal terms, rather than in objective, social terms.’ When the claims of expressive individualism are considered in tandem with the increasing reach of the modern social service state, a case may be made for their mutual dependency. Today, the regulatory operations of central governments impinge upon virtually all areas of life, leading to widespread efforts by interest groups to have their vision of the good life implemented through law and regulatory oversight.
    [Show full text]
  • The Essential Frédéric Bastiat
    The Essential Frédéric Bastiat The Foundation for Economic Education FEE’s mission is to inspire, educate, and connect future leaders with the economic, ethical, and legal principles of a free society. Find us online at: FEE.org Facebook.com/FEEonline Twitter.com/FEEonline (@feeonline) The Foundation for Economic Education 1819 Peachtree Road NE, Suite 300 Atlanta, GA 30309 Telephone: (404) 554–9980 ISBN (ebook): 978-1-57246-083-6 2016 Published under the Creative Commons Attribution 4.0 International License Cover design by Marianne Copenhaver and John Hartwell The Foundation for Economic Education is pleased to present this small book conveying the essence of Frédéric Bastiat’s thought. All of the material included in this book are published on FEE.org under Creative Commons Attribution 4.0. You are free to reprint all contents for any purpose, provided you credit the source. In addition, FEE would like to acknowledge the original source material as follows: “To the Youth of France.” Economic Harmonies. George B. de Huszar, trans. and W. Hayden Boyers, ed. (Irvington-on-Hudson, NY: The Foundation for Economic Education, 1996). “What is Seen and What is Not Seen.” Selected Essays in Political Economy. trans. Seymour Cain. (Irvington-on-Hudson, NY: The Foundation for Economic Education, 1995), 1–47. “A Petition.” Economic Sophisms. trans. Arthur Goddard. (Irvington-on- Hudson, NY: The Foundation for Economic Education, 1996) 56–60. “A Negative Railroad.” Economic Sophisms. trans. Arthur Goddard. (Irvington-on-Hudson, NY: The Foundation for Economic Education, 1996), 94–95. The Law. trans. Dean Russell. (Irvington-on-Hudson, NY and Atlanta: The Foundation for Economic Education, 2007).
    [Show full text]