{"id":13712,"date":"2019-06-29T13:26:21","date_gmt":"2019-06-29T17:26:21","guid":{"rendered":"http:\/\/jimbovard.com\/blog\/?p=13712"},"modified":"2019-06-29T13:28:58","modified_gmt":"2019-06-29T17:28:58","slug":"trumps-no-coercion-sham","status":"publish","type":"post","link":"https:\/\/jimbovard.com\/blog\/2019\/06\/29\/trumps-no-coercion-sham\/","title":{"rendered":"Trump&#8217;s &#8220;No Coercion&#8221; Sham"},"content":{"rendered":"<h2><a href=\"https:\/\/www.fff.org\/explore-freedom\/article\/trumps-no-coercion-sham\/\">TRUMP&#8217;S &#8220;NO COERCION&#8221; SHAM<\/a><a href=\"http:\/\/jimbovard.com\/blog\/wp-content\/uploads\/2013\/08\/ffflogo.gif\"><img loading=\"lazy\" decoding=\"async\" class=\"alignright wp-image-6071 size-full\" src=\"http:\/\/jimbovard.com\/blog\/wp-content\/uploads\/2013\/08\/ffflogo.gif\" alt=\"\" width=\"160\" height=\"97\" \/><\/a><br \/>\nby James Bovard<\/h2>\n<p>In his State of the Union address on February 5, Donald Trump received rapturous applause from Republicans for his declaration, \u201cAmerica was founded on liberty and independence \u2014 not government coercion, domination, and control. We are born free, and we will stay free.\u201d But this uplifting sentiment cannot survive even a brief glance at the federal statute book or the heavy-handed enforcement tactics by federal, state, and local bureaucracies across the nation.<\/p>\n<p>In reality, the threat of government punishment permeates Americans\u2019 daily lives more than ever before:<\/p>\n<p>The number of federal crimes has increased from 3 in 1789 to more than 4,000 today. According to the Buffalo Criminal Law Review, Congress has criminalized \u201ctransporting alligator grass across a state line; unauthorized use of the slogan \u2018Give a hoot! Don\u2019t pollute\u2019; and pretending to be a 4-H club member with intent to defraud,\u201d among a vast array of other niggling nonsense.<\/p>\n<p>Law-enforcement agencies arrested more than ten million people in 2017 \u2014 roughly 3 percent of the population. Trump momentarily noticed the existence of government coercion in January when he complained that the FBI had used \u201c29 people\u201d and \u201carmored vehicles\u201d for the arrest of Roger Stone. But SWAT teams conduct nearly 80,000 raids a year, according to the ACLU, mostly for drug arrests or to carry out search warrants. Many innocent people have been killed in such raids. Courts have rubber-stamped no-knock raids to the point where some locales send in SWAT teams to conduct routine searches. This has worked out well for carpenters and badly for the Constitution.<\/p>\n<p>Trump in his speech nicely highlighted the case of Alice Johnson, unjustly sentenced to life in prison for a nonviolent drug offense. Trump\u2019s commutation of her sentence is no consolation to the targets of 1.6 million drug arrests in 2017 \u2014 and it is not like those persons showed up voluntarily at police stations asking to be \u201ccuffed-and-stuffed.\u201d More people are arrested for marijuana offenses each year than for all violent crimes combined, according to FBI statistics. Drug laws spur violence that has turned many inner cities into hell-holes and permitted government agents to stop and search people\u2019s pockets on any pretext.<\/p>\n<p>No coercion? Tell that to the scores of thousands of victims of asset-forfeiture laws, which entitle law enforcement to confiscate people\u2019s cash, cars, and other property. Hearsay evidence is all that is required: A mere rumor or scrap of gossip can justify government seizure of a person\u2019s most valuable belongings. Federal law-enforcement agencies seized more property under asset-forfeiture provisions in 2014 year than all the burglars stole from homeowners and businesses nationwide. Indiana\u2019s Solicitor General told the Supreme Court in November 2018 that police should be able to confiscate any vehicle exceeding the speed limit by more than 5 miles per hour \u2014 even though federal surveys have found that most cars exceed posted speed limits. Trump and his first attorney general, Jeff Sessions, strove to make asset forfeiture even more oppressive. Happily, a few weeks after Trump\u2019s speech, the Supreme Court issued a unanimous ruling that may curb robbery with a badge.<\/p>\n<p>What term would Trump prefer to use in lieu of \u201ccoercion\u201d for innocent people\u2019s being shot or beaten by law-enforcement agents at every level of government? Police kill more than a thousand Americans per year, and many of the shootings are unjustifiable by any reasonable standard. Does Trump consider people wrongfully killed by government agents to be nonentities? What about the persons who are framed by police who plant drugs or guns on them to ruin their lives, as happened in Baltimore and elsewhere in recent years? Are they \u201cno coercion asterisks\u201d?<\/p>\n<p>If there is no coercion, then why has the number of people confined in American prisons increased by more than 500 percent since 1970? Almost 10 percent of all American males will end up in prison at some point in their lives, according to a 1997 Justice Department report. More than 10 percent of black men age 20 to 34 were behind bars as of 2006, according to the Journal of American History. Does Trump assume that people simply choose to stop by and spend some time behind bars, sort of like catching up with an old friend? Being a prison guard was one of the fastest growing occupations in the 1990s \u2014 not a good sign for anyone who favors human dignity or decency.<\/p>\n<p>Citizens and businesses pay more than $3 trillion in federal taxes each year, thanks largely to the array of threats and penalties for noncompliance. Each week, the IRS attacks scores of thousands of Americans: it seizes their bank accounts, puts liens on their homes or land, subjects them to a tax audit, or sends them notice of penalties and demands for additional payment of taxes. The number of different penalties the IRS imposes on taxpayers has increased more than tenfold since 1954. Congress has neglected either making the tax code comprehensible or reining in abusive tax-collection schemes. The IRS relies on fear to ensure compliance. As former IRS Commissioner Sheldon Cohen observed, \u201cPower is not having to exercise power.\u201d<br \/>\nNo one has a good estimate of the number of Americans who fall victim to arbitrary and capricious regulations by federal agencies. When the Supreme Court heard the case of the Agriculture Department\u2019s dictates prohibiting raisin farmers from selling much of their harvest in 2014, Justice Elena Kagan suggested that the regime was \u201cthe world\u2019s most outdated law.\u201d But there are many other senseless provisions that the media and the courts simply ignore.<\/p>\n<p><strong>Paying and obeying<\/strong><\/p>\n<p>Trump perpetuates one of Washington\u2019s fondest myths \u2014 that the federal government is not coercive unless the president or some agency boss formally announces plans to brutally punish some group without cause. That notion is avidly supported and propagated by many of the nation\u2019s pundits and political scientists as a way to keep people paying and obeying.<\/p>\n<p>But force is the essence of government power, the lever that politicians use to compel submission to their demands. The Supreme Court observed in a 1909 decision, \u201c\u2018Law\u2019 is a statement of circumstances in which public force will be brought to bear on men through the courts.\u201d A 1996 Justice Department report observed, \u201cThe feature distinguishing police from all other groups in society is their authority to apply coercive force.\u201d<\/p>\n<p>Trump followed his \u201cno coercion here\u201d assertion with the following line: \u201cTonight, we renew our resolve that America will never be a socialist country.\u201d Democrats responded with a stony if not irritable silence. Perhaps the greatest irony in Washington is that the people who distrust Trump the most are seeking to vastly increase government power.<\/p>\n<p>Democratic socialists have offered no evidence that new federal takeovers of the economy would not produce the same disasters that followed federal domineering of agriculture or the mortgage industry. The poster boy for American socialism \u2014 with its itch for hyper-regulation and economic intervention everywhere \u2014 should be Eric Garner, who was strangled in 2014 by a New York City policeman after being apprehended selling individual cigarettes without a license. But such abuses have not deterred the latest crop of socialists from calling for trillions of dollars of new federal spending and a vast increase in political dominance over Americans\u2019 daily lives.<\/p>\n<p>Trump also declared in his State of the Union address, \u201cAn economic miracle is taking place in the United States, and the only thing that can stop it are foolish wars, politics, or ridiculous, partisan investigations.\u201d Yet, in the same speech, Trump boasted that the United States had just \u201cofficially recognized the legitimate government of Venezuela, and its new interim president, Juan Guaid\u00f3. We stand with the Venezuelan people in their noble quest for freedom.\u201d Trump omitted citing the provision in the Venezuelan constitution that permits Washington to select that nation\u2019s president. In the weeks after Trump\u2019s speech, the U.S. government ramped up the pressure on the Maduro regime, boosting the danger of dragging this nation into an open and pointless conflict in South America. Trump also boasted, \u201cMy administration has acted decisively to confront the world\u2019s leading state sponsor of terror \u2014 the radical regime in Iran.\u201d But the Iranians are pikers on the terrorist front compared with Trump\u2019s bosom buddies in Saudi Arabia. If Trump blunders into a Middle East war, then the Washington swamp will have perhaps its greatest victory over him.<\/p>\n<p>Trump\u2019s insinuation that the U.S. government is noncoercive was almost plausible compared with his assertion that the U.S. Capitol is \u201cthe home of American freedom.\u201d If that is the case, then it is no wonder that so many Americans feel like constitutional refugees in their own nation. At least Trump didn\u2019t try to exonerate the Fugitive Slave Act of 1850.<\/p>\n<p><strong>\u201cGood for one night\u201d<\/strong><\/p>\n<p>Trump\u2019s \u201chome of freedom\u201d line was the type of palaver that permeates such televised spiels but that does not make it any less ludicrous. State of the Union speeches have been fa\u00e7ades for decades.<\/p>\n<p>In his 1996 State of the Union address, Bill Clinton announced, \u201cThe era of Big Government is over.\u201d This hokum may have helped his reelection campaign but as soon as he renewed his tenancy at 1600 Pennsylvania Avenue, he opened the statist floodgates. In his 1997 State of the Union address, he called for a \u201cnational crusade for education standards\u201d and federal standards and national credentials for all new teachers; announced plans \u201cto build a citizen army of one million volunteer tutors to make sure every child can read independently by the end of the third grade\u201d; called for $5 billion in federal aid to build and repair local school houses, a new scholarship program to subsidize anyone going to college, a $10,000 tax deduction for all tuition payments after high school, and federal subsidies for private health insurance; advocated a constitutional amendment for \u201cvictims\u2019 rights\u201d; urged Congress to enact a law criminalizing any parent who crossed a state line to avoid paying child support; and proposed enacting juvenile crime legislation that \u201cdeclares war on gangs,\u201d hiring new prosecutors, and increasing federal spending on the war on drugs. Clinton also announced plans to expand NATO, just in case the United States would ever run short of pretexts for entering foreign conflicts.<\/p>\n<p>The media ignored Clinton\u2019s de facto mockery of his 1996 State of the Union address in his 1997 address, but that was par for the Beltway\u2019s 24-hour statute of limitations for holding presidents liable for their hokum. But \u201csounds good for one night\u201d is a paltry standard for governing a republic.<\/p>\n<p>President Andrew Johnson rightly observed in an 1868 message to Congress, \u201cIt may be safely assumed as an axiom \u2026 that the greatest wrongs inflicted upon a people are caused by unjust and arbitrary legislation.\u201d But the federal statute book and Code of Federal Regulations are stacks of paper that contain vast numbers of punitive provisions that unjustly ruin or blight citizens\u2019 existence. Trust the Washington establishment to continue pretending that \u201cthere is nothing to see here\u201d in the continuing federal ravaging of Americans\u2019 lives.<\/p>\n<p>This article was originally published in the May 2019 edition o<a href=\"http:\/\/fff.org\">f Future of Freedom.<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>TRUMP&#8217;S &#8220;NO COERCION&#8221; SHAM by James Bovard In his State of the Union address on February 5, Donald Trump received rapturous applause from Republicans for his declaration, \u201cAmerica was founded on liberty and independence \u2014 not government coercion, domination, and control. We are born free, and we will stay free.\u201d But this uplifting sentiment cannot [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":13714,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[2028,592,2027,426,568,238,45,191,49,2026,912,168,829,708,153,2025],"class_list":["post-13712","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-uncategorized","tag-andrew-johnson","tag-baltimore","tag-big-government","tag-bill-clinton","tag-coercion","tag-forfeiture","tag-freedom","tag-hokum","tag-irs","tag-madura","tag-prisons","tag-raisins","tag-swat-teams","tag-trump","tag-usda","tag-venezuela"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.4 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Trump&#039;s &quot;No Coercion&quot; Sham - James Bovard<\/title>\n<meta name=\"description\" content=\"Trump talked as if the fed. govt. is no longer coercive. 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But the govt. remains far too intrusive, oppressive, and punitive. 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The Wall Street Journal called Bovard \"the roving inspector general of the modern state\" and Washington Post columnist George Will called him a \"one-man truth squad.\" His 1994 book, Lost Rights: The Destruction of American Liberty, received the Free Press Association\u2019s Mencken Award as Book of the Year. His Terrorism &amp; Tyranny won the Lysander Spooner \"Best Book on Liberty in 2003\" award. He received the Thomas Szasz Award for Civil Liberties work, awarded by the Center for Independent Thought and the Freedom Fund Award from the Firearms Civil Rights Defense Fund of the National Rifle Association. Bovard\u2019s writings have been publicly denounced by FBI director Louis Freeh, the Secretary of Agriculture, the Secretary of Housing and Urban Development, the Postmaster General, and the chiefs of the U.S. International Trade Commission, the Drug Enforcement Administration, the Equal Employment Opportunity Commission, and the Federal Emergency Management Agency, as well as by many congressmen and other malcontents.","sameAs":["http:\/\/www.jimbovard.com","https:\/\/www.facebook.com\/jim.bovard","https:\/\/x.com\/jimbovard"],"url":"https:\/\/jimbovard.com\/blog\/author\/admin\/"}]}},"_links":{"self":[{"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/posts\/13712","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/comments?post=13712"}],"version-history":[{"count":7,"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/posts\/13712\/revisions"}],"predecessor-version":[{"id":13720,"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/posts\/13712\/revisions\/13720"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/media\/13714"}],"wp:attachment":[{"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/media?parent=13712"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/categories?post=13712"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/tags?post=13712"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}