by Bob Barr | May 8, 2024 | Townhall Article |
Townhall Will wonders never cease? The federal Drug Enforcement Administration (DEA) reportedly is considering moving marijuana from the most highly restricted class of “Controlled Substances” – Schedule I – where it has resided for more than half a century, to the far-less restrictive category as a Schedule III drug. This reclassification, if actually implemented, truly would represent a sea change in federal drug policy, which since 1970 has been defined by the Nixon-era Comprehensive Drug Abuse Prevention and Control Act of 1970, of which the Controlled Substances Act is found at Title II. As with much federal regulatory power, Uncle Sam’s control over drugs, including “controlled substances” and all manner of prescription medications, is implied – deriving from numerous laws passed by the Congress and upheld by the U.S. Supreme Court as legitimate under the so-called “commerce power” found in Article I, Section 8 of the Constitution. Despite the otherwise clear limiting language in that Section of the Constitution that congressional power to legislate extends only to “commerce” between states, ever since President Franklin Roosevelt’s “New Deal” in the 1930s, all three branches of the federal government have eagerly gobbled up powers clearly never dreamed of by those who wrote and ratified that document. The final bulwark against this deluge was essentially destroyed in 1942, when the High Court found constitutional under the Commerce Clause, the federal government’s power to regulate the price of wheat grown by a farmer in Ohio (Roscoe Filburn) even though none of his product was used or sold beyond the borders of the Buckeye State. The tortured reasoning that underpinned the Supreme Court’s decision in Wickard v. Filburn, provided a...
by Bob Barr | Apr 25, 2024 | Townhall Article |
Townhall An adage learned early in the career of a trial attorney is, “if the law is not on your side, argue the facts, and if the facts are not on your side, argue the law, but if neither the facts nor the law are on your side, make sure you get your fee up front and in cash,” because you are almost certain to lose your case. Manhattan District Attorney Alvin Bragg is paid by Big Apple taxpayers regardless of whether he wins or loses a case, but he deserves to lose the so-called “hush money” case against former President Donald Trump because neither the law nor the facts justify this prosecution. Although the trial in the case, styled “THE PEOPLE OF THE STATE OF NEW YORK against DONALD J. TRUMP, Defendant,” is in its early stages, any reasonably objective analysis of the applicable facts and the law leaves one with far more doubt than could be considered “reasonable” that the 45th President of the United States committed even a single one of the 34 criminal acts alleged by Mr. Bragg. Media attention focuses on virtually every real or perceived aspect of what happens inside the courtroom of Judge Juan Merchan, down to and including the thermostat setting and Trump’s posture; such irrelevancies are fodder for media pundits on both sides of today’s ever-present partisan political divide. It is, of course, not surprising that conservative media outlets believe Trump to be absolutely and unquestionably innocent, while their liberal counterparts can hardly contain their glee at the former President’s predicament and wish him a speedy trip to Riker’s Island. Much...
by Bob Barr | Apr 4, 2024 | Townhall Article |
Townhall As former New York Yankees icon Yogi Berra is said to have opined, “it’s like déjà vu all over again.” So it is with the U.S. Congress repeatedly abusing its power over “interstate commerce” to play favorites and distort the free market. One of the latest targets of such regulatory overreach is fantasy sports betting. This is a swimming pool in which Members of Congress have played previously. In fact, some of the same gaming companies I sought to help escape unfair government regulations when I represented Georgia in Congress back in the late 1990s are now trying to weaponize similar regulations against their competitors. It reflects the tired story of Crony Capitalism. After I began my eight years of service on the House Judiciary Committee, I became dismayed at how federal legislation and regulations aimed at online gaming companies came at the behest of wealthy brick- and-mortar casino interests. In fact, in 1992, shortly before I began my congressional career, President George H.W. Bush signed into law the Professional and Amateur Sports Protection Act (PASPA), which imposed a federal ban on sports betting throughout the United States. In a significant victory for consumer choice, states’ rights, and the marketplace, the Supreme Court in 2018 overturned PASPA, thereby reaffirming that sports betting deserves freedom from government overreach. Now, however, FanDuel and DraftKings, two of the largest and most successful companies that were helped most by the High Court’s lifting of that anti-free market law, are looking to use Uncle Sam’s regulatory powers to kill some of their competitors in the same way that the brick- and-mortar casinos tried to...
by Bob Barr | Dec 14, 2023 | Townhall Article, Uncategorized |
Townhall In the 1972 made-for-TV movie Between Time and Timbuktu, the protagonist is transported to a world in which no one person is permitted to be superior in any way to any other person – physically or mentally. Individuals who happen to be physically stronger or more agile than others are forced to carry weights on their shoulders – “handicappers” – so they are not able to out-perform their weaker fellow citizens. Now, a half century after author Kurt Vonnegut’s make-believe but prescient production, the federal government is punishing companies for hiring employees who are stronger and more athletic than others. The Equal Employment Opportunity Commission (EEOC) has become Uncle Sam’s handicapper enforcement arm. One case at hand pits the EEOC, currently chaired by Democrat Charlotte Burrows, against a California moving company. The unforgivable legal sin committed by Meathead Movers that has led EEOC to file a lawsuit against it, is to hire movers who are strong and agile – precisely the qualities that would have forced such employees to don the handicappers envisioned by Vonnegut in Between Time and Timbuktu. The primary difference between the handicappers in the 1972 movie and those now the object of the EEOC’s lawsuit against Meathead Movers, is that in the fictional account, the handicappers are physical weights, while the 2023 handicappers are statutory. The punishment sought by the EEOC against the moving company is, of course, monetary. The EEOC initially demanded that Meathead Movers pay $15 million to settle the case – an offer the company refused. Notwithstanding the agency’s oh-so-generous subsequent offer of $5 million to withdraw its threatened action against the company, Meathead...
by Bob Barr | Nov 16, 2023 | Townhall Article |
Townhall Before Siri and Alexa arrived on the scene catering to every whim of their voice overlords, tracking an automobile took at least a degree of knowledge – of the tracking device itself and also how to monitor it. Now, for $25 or less, anyone can purchase a tracking device that is small enough to fit just about anywhere, in someone’s purse, pocket, or automobile. These tiny trackers have caught the attention of mayors in some of the country’s largest and most crime-ridden cities, as a way to divert attention from their own policies that have spawned serious spikes in vehicle thefts within their jurisdictions. Baltimore, Maryland and Washington, D.C. are among the municipalities jumping aboard the tracking device gimmick as a way to convince residents that the skyrocketing numbers of vehicle thefts can easily be solved by simply by giving vehicle owners handy dandy tracking devices to place in their cars. Unfortunately, the history of vehicle theft, especially in Democrat-run cities, is a tale that is not so simple to solve. After years of declining incidents of vehicle thefts in the 1990s and early 2000s, the 2020-2021 COVID pandemic saw a stark reversal of that trend, especially in major metropolitan areas governed by Democrats – including among others, Baltimore, Chicago, Denver, and Norfolk; actually tripling in some cities between 2019 and 2022. The significant decline in vehicle thefts prior to the pandemic was not so much the result of better or more vigorous law enforcement, but rather technology built into cars and pickup trucks that made it more difficult to steal vehicles by “hot wiring” them. Since 2020, however, carjackings and thefts of catalytic converters have risen...
by Bob Barr | Nov 2, 2023 | Townhall Article |
Townhall The recent hubbub surrounding pro-Palestinian and anti-Jewish demonstrations at major universities and colleges in the U.S. has again drawn attention to the massive, and unaccounted donations made to those institutions, including by foreign governments and other sources; contributions that have become an increasingly important part of the schools’ budgets. However, if critics are looking for either Congress or the administration to do anything to improve the almost total lack of transparency regarding such money flow, they are in for a long wait. Uncle Sam has been asleep at that switch for decades, and the Biden Administration has made clear it has no interest whatsoever in continuing its predecessor’s modest effort to enforce long-standing requirements that institutions of higher learning simply report major foreign monetary donations, especially where Communist China is concerned. Congress has not done much better. A measure that would have strengthened the federal government’s power to examine large foreign gifts to, and contracts with American universities, was stripped out of a bipartisan bill two years ago that was designed to strengthen American innovation. The reasons for the measure’s demise included opposition by the very same universities and colleges that receive significant money from foreign donors, including China, which reportedly had donated more than $400 million in the two years before the measure was deep-sixed in 2021. Adding to the demise of the extremely modest reporting requirement in the “innovation” legislation, was a jurisdictional turf dispute between two Senate committees with concurrent jurisdiction over the measure. The reality is that since 1986, when Section 117 was added to the 1965 Higher Education Act, colleges and universities have been required to report foreign gifts...
