Yet another Libertarian loony

shanek said:
A warrantless search is much more prone to corruption, from just overzealousness if not downright tampering, wouldn't you agree?
Not really "much." Overzealousness doesn't affect the quality of the evidence and most smart crooked cops know to get a warrant to find planted evidence. In my experience most of these violations are due to police confusion rather than maliciousness. Malicious cops tend to dot the i's and cross the t's.
Since the evidence is less reliable, it's the case that you now really can't know whether or not the guy is abusing his kids. So you actually increase the chances of taking the child away from a loving and supporting home, and (I have to say it again) putting him in a foster home where it is more likely that abuse will take place. And that's not even considering the abuse that's just inherent in taking a child from his parents in the first place.

Not really. In rare cases there is a real question of authenticity, but in general evidence excluded due to a constitutional violation has more to do with the rights of the accused. Two legal principles that support this are that excluded evidence is available for impeachment purposes, and the standing rules.

In other words, if the cops search my house without a warrant and find a bloody axe, and that axe is supressed for my murder trial, if I then testify that there has never been an axe in my house the state can enter the axe into evidence to impeach my credibility.

Likewise, that axe can be used in a trial against someone without standing to challenge the search. If the axe was found in your house it could be used against me and I could not challenge the search as I have no standing to challenge the illegal search.

This seems to signify that our law excludes evidence mainly for reasons other than the quality of the evidence.
 
Suddenly said:
You have your moments. I do not think you hold that specific belief w/r/t income taxes though, at least you don't seem to.

Well, there's nothing like a vague answer...I find it hard to believe that, as many threads as I've used the sentence, "Although Income Tax is an abomination, it is, unfortunately, a perfectly constitutional abomination" in, I find it hard to believe anyone would claim any ambiguity on my part here...
 
Suddenly said:
Overzealousness doesn't affect the quality of the evidence

Overzealousness doesn't lead to impatience and carelessness?

and most smart crooked cops know to get a warrant to find planted evidence.

And most smart burglars know how to pick a lock. That doesn't mean a lock isn't a good idea.

This seems to signify that our law excludes evidence mainly for reasons other than the quality of the evidence.

Then why do so many lawyers and judges refer to this evidence as "fruits of a poisonous tree"? And aren't there "good faith" exceptions?
 
shanek said:
Well, there's nothing like a vague answer...I find it hard to believe that, as many threads as I've used the sentence, "Although Income Tax is an abomination, it is, unfortunately, a perfectly constitutional abomination" in, I find it hard to believe anyone would claim any ambiguity on my part here...

You have been less than concrete and clear in your rejection of these theories when you discuss these things in reference to a certain presidential candidate and some of his advisors. It has been somewhat clear that you reject both the statutory "liable" argument as well as the one that claims somehow that the 17th does not establish "new taxes" based on a misunderstood SC sentence. You have been a bit coy about the claims that the 17th was never properly ratified, but have never specifically said that you subscribe to it, so I don't think you do.

I find that you support someone for president who pretty clearly does subscribe to at least one if not more of these theories a bit troubling as in my opinion these theories fall well short of reasonable.
 
shanek said:
Then why do so many lawyers and judges refer to this evidence as "fruits of a poisonous tree"? And aren't there "good faith" exceptions?

Fruit of the poisonus tree refers to the specific idea that in most cases evidence found as a later result of an illegal search or seizure is in some cases (not all) excluded if the discovery of that evidence is the result of earlier illegally discovered evidence. This is again an indication that police conduct is being punished as in most cases there is no independent reason for the supression of the evidence.

The Supreme Court has been perfectly clear that there is no "good faith" exception to the warrant requirement.

Also keep in mind that the exclusionary rule is hardly settled. Here is some stuff from some people I'd guess you will trust:

http://www.cato.org/pubs/pas/pa-319es.html

The full text of the executive summary linked at the end provides a good treatment of what the exclusionary rule is, where it comes from, and the attack it is under from "law and order" types. Note that it pretty clearly doesn't emphesize quality of evidence as a basis for keeping the rule, rather concentrating on seperation of powers concerns that without an exclusionary rule the executive can pretty much ignore the warrant requirement.
 
Either point out ONE instance where I have claimed this or issue an immediate apology.

Or you'll huff and you'll puff and you'll...

I am getting SICK TO F*CKING DEATH of you liars.

Shane, nobody is forcing you to post in this forum if you're so "sick to f*cking death" of "us liars".

But don't expect us to bow down to your, or accept your position, just because you're throwing temper tantrums.
 
Originally posted by Skeptic
The Libertaians (or, more precisely, some of them) are considered loony since they "want freedom" in the same way that creationists or flat-earthers "want to teach the truth".

You really seem to be developing quite an affinity for basing your rants on some rather flimsy assertions. You opened with the above statement, but then, as I pointed out in another thread recently, proceeded to not make anything remotely resembling a credible case.



The first point of similarity is that, like in all cults, the real motivation is quite different from the stated motivation. They are driven not a desire for "freedom", but a visceral hatered of the government--just like creationists aren't really for "truth", but are obsessed with hatered of "godless Darwinism". Hence, deception becomes essential.

:rolleyes:
I guess if you don't want to bother with little details like addressing the arguments or challenges of those you disagree with using logic and reason, demonization is always an option. You certainly left a lot of unanswered questions on the table in our last discussion. (Remember what I said about your screen name?) Come to think of it, isn't a reluctance to answer questions about one's views fairly typical of cult members?

And out of curiosity, did I miss a meeting? Am I the only libertarian who's not in on this deception thing? And if so, why have the others been letting you in on it?



The second point of similarity is that they also, like creationists and other cults, are absolutely certain they have THE REVELAED TRUTH(tm). They, and they alone, know how things REALLY are. In the creationists' case, it's the truth of the bible; in the libertarians' case, the truth about how government should work, what the constitution "really means", etc., etc., etc.

I never cease to be amazed at the number of libertarian critics who have no shame about demonstrating their ignorance of their subject, or about resorting to hyperbole to make a phony point. There are certainly some libertarians who make a big deal out of the Constitution, but with very few exceptions, it's not a matter of basing their libertarian views on the document, but rather one of supporting the document because of its compatibility with their libertarian views, which is quite a bit different from what you just described. And even putting all that aside, the attempt to equate supporting a document that is the law of the land to supporting a document that tells stories of people rising from the dead and walking on water is strained at best. You really don't think this stuff through very well, do you?



Of course deception is necessary here too--like all cults, they pretend they reached their "perfectly reasonable conclusions" based on "rational reasoning"

Do you have any basis whatsoever for the use of the word "pretend" in the above comment? 'Cause if not, you appear to be engaging in a bit of pretense yourself.



and that, therefore, everybody else is irrational, not them.

Actually, most libertarians probably only consider people to be irrational if they are unprepared to defend or explain the views they express. (Sound like anyone you know?)



This leads to the third point of similarity: while sometimes slightly hiding it, they have unending contempt for all those who disagree with them;

:i:



they consider all those who disagree with them as either brainwashed, stupid, or part of the conspiracy to hide "the truth". They are the elect because they have THE TRUTH(tm).

You mean like all those unsupported assertions you were making in another thread recently about duties, or the ones you were making about what constitutes consent, as if those assertions were "THE TRUTH(tm)"?
:eek:

Sorry, but in the absence of anything to demonstrate that many libertarians have made anywhere near as big a deal about the "TRUTH" thing as you're attributing to them, your commentary is increasingly coming across as a pathetic attempt to put the most negative spin possible on the confidence some of us exhibit about our views. Do you suppose it has anything to do with your difficulty defending your own?



Finally, since they have THE TRUTH and everybody else is wrong, they simply cannot understand why on earth anybody would oppose their goals or views. They do not have the slightest idea why Dr. Duane Gish, the young-earth creationists, or Badnarik, the libertarian presidential candidate, are considered nothing more than bizzare clowns by the mainstram scientific or political community. It's all part of the conspiracy, you see.

I'm not real big on conspiracy theories myself, and I haven't met many libertarians who are. But given the heavy reliance on hyperbole, and general disregard for accuracy and precision, often exhibited by some of the noisiest libertarian critics (and as reflected in much of your own recent commentary), a conspiracy would hardly seem necessary to discourage most people who don't know any better (in the "mainstram scientific or political community" or otherwise) from taking a closer look.



It's not the libertarian ideas, or freedom, or the formal goals of the organization that is the problem.

What "organization" are you talking about?



It is that in fact, the "libertarian activist" community is a cult.

You're not the first to try to pass off such a poorly founded opinion as "fact", and you certainly won't be the last. It would be interesting to see someone seriously attempt to make a credible case for this comparison, one which is actually based on demonstrating that significant numbers of libertarians have engaged in cultlike behavior, or expressed cultlike beliefs, rather than relying on a lot of unsupported hyperbolic commentary about things like "THE TRUTH", baseless accusations of deception, and attributing motives without any foundation for doing so.
 
Suddenly said:
You have been less than concrete and clear in your rejection of these theories

"Although Income Tax is an abomination, it is, unfortunately, a perfectly constitutional abomination."

How is that neither concrete nor clear?

And none of your claims about Badnarik are anything other than repetitions of the claims of people out to slam him, nothing more. Badnarik has referenced some of those theories as being interesting, but as far as I know he has never stated any conclusion one way or the other about them.
 
Skeptic said:
Either point out ONE instance where I have claimed this or issue an immediate apology.

Or you'll huff and you'll puff and you'll...

I am getting SICK TO F*CKING DEATH of you liars.

Shane, nobody is forcing you to post in this forum if you're so "sick to f*cking death" of "us liars".

But don't expect us to bow down to your, or accept your position, just because you're throwing temper tantrums.

You have levied SPECIFIC ACCUSATIONS against me PERSONALLY. I'm DEMANDING that you BACK THEM UP. Saying "you don't have to post here" is NO EXCUSE for PERSONAL attacks. As always, you evade the issue and try to act all high-and-mighty and better than everyone else because YOU HAVE NOTHING TO BACK THESE UP.
 
shanek said:
"Although Income Tax is an abomination, it is, unfortunately, a perfectly constitutional abomination."

How is that neither concrete nor clear?

Another example of your taking my words out of context. I said your rejections of Badnarik's taking these theories seriously was neither concrete nor clear. What I actually posted, with as has become custom the part you took out of context in bold::

You have been less than concrete and clear in your rejection of these theories when you discuss these things in reference to a certain presidential candidate and some of his advisors.

You have snipped the end of that sentence in an attempt to portray my comments as unreasonable. This is an example of your dishonesty and willingness to distort to gain any advantage. That you then complain that people are rough with you is just staggering when you engage in these tactics.




And none of your claims about Badnarik are anything other than repetitions of the claims of people out to slam him, nothing more. Badnarik has referenced some of those theories as being interesting, but as far as I know he has never stated any conclusion one way or the other about them.

Right, he's just promised to on his first day of office:

Issue another valid executive order to my subordinates executives working for the IRS. That order would instruct them to come to work, make a pot of coffee, and begin working on their resumes' pending a federal grand jury investigation as to the legitimacy of the Sixteenth Amendment and the Internal Revenue Code. High ranking officials from that department would be closely monitored as flight risks, pending indictments for fraud in the event that evidence proves that they knew that no statute exists that requires Americans to fill out a 1040 form and relinquish a significant percentage of their hard earned money to an unconstitutional government that refuses to operate within a budget.

Note that the investigation is not to find out whether such a statute exists, it is to find out if the IRS officals knew that there was no such statute. He assumes that no such statute exists.

This is a clear statement that he adopts these theories.
 
Suddenly said:
Another example of your taking my words out of context. I said your rejections of Badnarik's taking these theories seriously was neither concrete nor clear.

If by "taking these seriously" you mean believing them and espousing them, I reject that he does such a thing based on lack of evidence. If by "taking these seriously" you mean he's considering them and wondering if they're true or not, then I'd say 1) yeah, he is, and 2) what's wrong with that?

Right, he's just promised to on his first day of office:

Geez...and you accuse ME of dishonesty!!! Let's break down his proposal:

"federal grand jury investigation as to the legitimacy of the Sixteenth Amendment and the Internal Revenue Code" You have an "investigation" when you want to FIND OUT if something is true or not.

"in the event that evidence proves that they knew that no statute exists that..." "In the event that" means that there is a possibility that the claim being investigated is wrong. And "no STATUTE exists" deals with the existance of a particular statute in the Internal Revenue Code, and has NOTHING WHATSOEVER to do with the constitutionality of the Income Tax.
 
Originally posted by shanek



Geez...and you accuse ME of dishonesty!!! Let's break down his proposal:

"federal grand jury investigation as to the legitimacy of the Sixteenth Amendment and the Internal Revenue Code" You have an "investigation" when you want to FIND OUT if something is true or not.

Not the part I was specifically refering to, but pretty clear evidence that he takes a really stupid and baseless theory seriously. Might as well launch an investigation as to whether the moon is made of green cheese while threatening fraud charges against NASA. You would hope a president, especially on campaigning on personal freedom, would require a significant level of veracity before launching formal criminal investigations.

So which is it? Does Badnarik believe this is true or is he going to launch a criminal investigation on a whim?



"in the event that evidence proves that they knew that no statute exists that..." "In the event that" means that there is a possibility that the claim being investigated is wrong. And "no STATUTE exists" deals with the existance of a particular statute in the Internal Revenue Code, and has NOTHING WHATSOEVER to do with the constitutionality of the Income Tax.

Ahh.. More deception.

The only claim seen as possibly wrong is the IRS agents' knowledge. The assumption that no such statute exists is not even questioned by the investigation. He is only investigating possible criminal fraud, which requires that the agent knew that no statute exists.

Furthermore, what is this misdirection about it having to do with constitutionality? I have been quite clear in my posts that I am discussing the statutory argument as well, and in fact that was the theory that I put in my post describing the difference between being a libertarian and being a Loony Libertarian.
 
Suddenly said:
Not the part I was specifically refering to,

Your claim is that he believes the 16th Amendment to be unconstitutional. This is the only place he even comes CLOSE to saying anything resembling this, and all he's really saying here is to "investigate" it.

Ahh.. More deception.

Yes...On YOUR part.

The only claim seen as possibly wrong is the IRS agents' knowledge.

Note that this comes AFTER the investigation above. And again, this is all "in the event that the evidence proves" it. Why are you flaming him for wanting to see what the evidence proves?

Furthermore, what is this misdirection about it having to do with constitutionality?

What misdirection? That was YOUR ORIGINAL CLAIM!!! In particular, "claims that the 17th was never properly ratified."
 
DoubleStreamer said:
[All of DoubleStreamer's post to Skeptic]

I don't know, DoubleStreamer. As a member of the LP myself, I think Skeptic's point is both substantive and relevant to this discussion.

I can only speak from my own experience, but there is a definite fringe element in the LP, If the sample of Libertarians I've interacted with is representative, I would put the number at about 10%. Now, let's get real. There are far fewer Libertarians than Republicans or Democrats, so even though there are fringe elements within those parties too, you're more likely to be talking to a "loony" if you pick a random Libertarian.

How to spot a loony? I generally use three criteria:

(1) They think the government is "evil" rather than just inefficient/ineffective/too authoritarian.
(2) They spread conspiracy theories (see Stratton's "Socialist corporate elite" quote I posted above)
(3) They deny reality in some way (for instance, people who say that we're really on a currency backed by precious metals or Suddenly's example about the word "liable" in the income tax statutes)

EDIT: Note that someone only needs to meet one of these criteria to be considered "loony" in my opinion. The original text made it look like they had to meet all three.

The good news is that most Libertarians accept the current system, even if they don't like it, and use rational, civil discourse to advance the cause of small government and individual rights.
 
RPG Advocate said:
(2) They spread conspiracy theories (see Stratton's "Socialist corporate elite" quote I posted above)

Don't confuse a buzzword intended to gain attention with a conspiracy theory.

(3) They deny reality in some way (for instance, people who say that we're really on a currency backed by precious metals

Who says that??? I agree, that would be insane, but I've never heard anyone, Libertarian or otherwise, make it.
 
shanek said:
You have levied SPECIFIC ACCUSATIONS against me PERSONALLY. I'm DEMANDING that you BACK THEM UP. Saying "you don't have to post here" is NO EXCUSE for PERSONAL attacks. As always, you evade the issue and try to act all high-and-mighty and better than everyone else because YOU HAVE NOTHING TO BACK THESE UP.


Waaaaaaaaaaaaaa!!!! :cry:


Are you stomping your feet too?
 
shanek said:
Your claim is that he believes the 16th Amendment to be unconstitutional. This is the only place he even comes CLOSE to saying anything resembling this, and all he's really saying here is to "investigate" it.

Show me where I make this specific claim. At most I claim he seems to take seriously the notion that the 16th was never ratified. Again you fail to even get the smallest detail straight and carelessly misrepresent those you disagree with. Pathetic.








Note that this comes AFTER the investigation above. And again, this is all "in the event that the evidence proves" it. Why are you flaming him for wanting to see what the evidence proves?

I am not flaming him. I am just pointing out that he assumes that there is no statute requiring the payment of income tax. He is just wanting to find out if other people knew it when they used force to collect said tax.


What misdirection? That was YOUR ORIGINAL CLAIM!!! In particular, "claims that the 17th was never properly ratified."

Look back again to my original post. I only reference the statute theory. Later I mention that he takes the above notion about the 16th seriously. I stand by that point as well. In essence you have objected to my support for point A because it does not support point B as well, even though they are seperate points. This is either the height of stupidity or maliciousness. You choose.

Why you engage in such desperate muddying of the water I will never understand.
 
shanek said:
Don't confuse a buzzword intended to gain attention with a conspiracy theory.

Our different readings of this quote illustrates an important point. When you disseminate a political message, your intended meaning isn't really relevant. What matters is how your audience reads the message. In politics, perception is reality. When I read that quote, I read it as:

A corrupt government that is [maliciously] controlled from behind the scenes by [a willful conspiracy between] socialist corporate elitists who have an agenda to undermine the family and individual freedoms.

If I, as a Libertarian, who is in general agreement with the underlying message of undue corporate influence, read it that way, how would our staunchest critics read it? The best polticial messages are clear, concise, and blame-free statements of the problem at hand. Even if it was just a buzzword, it still distracts the reader from the merits of the argument, and raises the risk of "other" readings, legitimate or not.

Of course, my reading could be an abberation, so I'm going to start a poll to see what the forum at large thinks. Not exactly those most rigorous evidence-gathering strategy, but you work with what you've got. :)
 

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