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Government’s License to Inflict Injustice

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Sovereign immunity is one of the most dangerous concepts to freedom. And the larger and more powerful governments become, the more sovereign immunity becomes a black hole where citizens’ rights can vanish. Justice Oliver Wendell Holmes declared in 1907, “A sovereign is exempt from suit there can be no legal right as against the authority that makes the law on which the right depends.” Federal court decisions in lawsuits against federal agencies routinely include the following boilerplate: “Where a suit has not been consented to by the United States, dismissal of the action is required.” As a result of such immunity, “The Secretary of the Interior has an absolute privilege to include malicious defamation in a press release concerning official business, and the Secretary of the Treasury is not liable for ‘arbitrary, wanton, capricious, illegal, malicious, oppressive, and contemptuous’ action,” as University of Chicago law professor Kenneth ...

America’s Hypocritical, Counterproductive Foreign Aid

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THE BUSH ADMINISTRATION has been triumphantly shutting down and seizing the assets of one Muslim charity after another. In some cases, such as that of the Holy Land Foundation, the evidence appears based largely on accusations from informants who overheard speeches seven or eight years ago. In other cases, the Treasury Department is releasing no information but merely announcing that the U.S. government has sufficient evidence to shut down the malefactors. When asked how much evidence or involvement was necessary to shut down a nonprofit organization, President Bush replied that “one dime of money into a terrorist activity is one dime too much.” Bush’s Executive Order 13224, issued on September 23, gives the Treasury Department vast discretion to freeze the assets of any organization suspected of aiding terrorist organizations. After the freezing of the assets of the Holy Land Foundation, Bush declared, “Those who do business with terror will do no business with the United ...

Gun-Ban Shenanigans at the UN

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LAST JULY 9, the United Nations Conference on the Illicit Trade in Small Arms and Light Weapons in All Its Aspects convened in New York. To celebrate the event, the UN and several member governments held public bonfires of guns. The mere sight of gun bonfires was supposed to somehow convince people that the United Nations would protect them. Like almost everything else about the conference, the bonfires were largely a farce and a media stunt. The UN insisted that American gun owners had nothing to fear from the UNs efforts to restrict weapons ownership. However, on the following day, UN Secretary-General Kofi Annan published an op ed in the International Herald Tribune that complained, The world is flooded with small arms and light weapons numbering at least 500 ...