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Free Market Think Tank Strengthens Its Resources

Salt Lake City, UT (May 4, 2015) — Libertas Institute announced today that DJ Schanz has joined the Institute to help further its goals of advancing the cause of limited government and the ideals of the free market. DJ Schanz brings with him a wealth of experience, relationships, and foresight to add to Libertas’s recent successful initiatives, both educationally and legislatively.

Speaking of his new role, DJ commented, “I’m excited to be part of the Libertas team and the dynamic energy the organization has for bettering our society in real, pragmatic ways. Few organizations can boast the same success and effectiveness Libertas has shown in such a relatively short period of time.”

Connor Boyack, president of Libertas Institute said, “DJ’s experience and knowledge, both politically and philosophically, line up perfectly with the direction Libertas is headed. We view his addition to our team as a sign of not only our growth and success, but of our vibrant future as a positive influence on public policy.”

DJ received his undergraduate degree from Brigham Young University and an MBA from the Thunderbird School of Global Management. In addition to his duties with Libertas, DJ owns a medical records company and a political phone bank. He currently sits on the Utah GOP State Central Committee. In his spare time he coaches Little League, conducts Cub Scout meetings, cycles, and enjoys spending as much time as possible with his wife and four children.

About Libertas Institute

Libertas Institute’s mission is to advance the cause of liberty within the State of Utah by supporting and defending individual liberty, private property, and free enterprise. The Institute promotes liberty by generating non-partisan analysis and commentary on public policy issues relating to Utah, and recommending our findings to opinion leaders, policy makers, media, and interested Utahns.

School children across Utah were likely exposed this week to the virtues of environmental conservation and the heroics of “Captain Planet” in honor of Earth Day. We presume that few were introduced to the unintended consequences of federal environmental regulation. Forty three years ago, the Clean Water Act was enacted—the original intent of which was to authorize the EPA to ensure waters of the United States were not being polluted. This law has been used in modern times to prevent private property owners from developing their own property without first obtaining expensive permits from the federal government.

Later this month the EPA may be finalizing a proposed rule to define the “waters of the United States” over which it has regulatory jurisdiction under the Clean Water Act. The EPA has been unsatisfied with the way in which ambiguity about the definition has led to recent court decisions that seem to confine EPA authority to interstate or “navigable” waters and only those additional waters that have a “significant nexus” to navigable waters. Conversely, the regulatory trend of EPA enforcement has led to the expansion of their jurisdiction to intrastate waters including adjacent wetlands, intermittent tributaries that may only flow during wet seasons, and even remote bodies of water at times. Historically, the EPA’s attempt at enforcement over such waterways has led to Supreme Court litigation resulting in precedent that has narrowed this scope. Dissatisfied with this result, the EPA now seeks to permanently define their regulatory overreach in a more expansive way while also precluding future legal battles over jurisdiction.

The way “waters of the United States” is defined in statute will have significant and far-reaching effects for private property owners, agriculture, and industries throughout the country. By expanding the scope of this term, the EPA will gain jurisdiction over millions of acres and countless private activities. Representative Harold Rogers (R-Ky), Chairman of the House Appropriations Committee, called the proposed rule “the biggest land grab in the history of the world,” expressing concerns that it would have a profoundly negative economic impact. Farmers across the country are so concerned about the impact of the rule that the Farm Bureau launched a public awareness campaign to “ditch the rule”—referencing their assessment that application of this expanded definition could extend regulatory control even to irrigation ditches on farm property.

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Around the country, states have imposed licensure requirements on a large number of professions, effectively requiring workers to seek government permission—and pass through a number of bureaucratic hurdles—in order to practice their chosen profession. Whereas in the 1950s only one in 20 U.S. workers were required to obtain a license, that figure today stands at almost one in every three workers.

For each licensed profession, state legislatures usually authorize and empower a governing board, comprised in most cases of members of that same profession. For example, in Utah, the licensure of chiropractors is regulated by a board made up of four chiropractors and a token “public member” who is not a member of the industry. Nurses are regulated by a board comprised of nine fellow nurses and two public members. Direct-entry midwives are overseen by four licensed people from the profession and one “public member.” The trend holds constant for the other several dozen licensed professions in Utah.

That trend may soon change in light of a U.S. Supreme Court opinion issued in February that may put these boards on the defense. The case at hand, North Carolina State Board of Dental Examiners v. FTC, arose due to the dental board—comprised primarily of dentists—engaging in non-competitive behavior and being sued by the Federal Trade Commission. Specifically, the board attempted to prohibit non-dentists from providing teeth whitening services, presumably because this competition undermined their monopolistic hold on the market.

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Editor’s note: The following is a lightly edited interview with Paul Cassell, a former federal judge in Utah who now teaches law at the University of Utah. This interview discusses one of his rulings, imposing a 55-year prison sentence on a low-level drug dealer. Cassell’s ruling notes that mandatory minimum sentencing laws required him to impose the sentence—one which he stated, in his ruling, to be “unjust, cruel, and even irrational.”

The comments in this interview do not necessarily reflect the views of Libertas Institute.

Libertas Institute: One of the cases you adjudicated that has received the most attention is that of Weldon Angelos. Can you summarize who he is, and what the case was about?

Paul Cassell: The details are set out in the court opinion, so obviously this is just a summary not intended to be an exhaustive account. In essence, Weldon Angelos was involved with three marijuana deals [in 2002], and for each of those deals he brought along a firearm with him. Under federal law, if you have a firearm that is in furtherance of a drug deal—and simply bringing a firearm would be in a furtherance of a drug deal—then the first offense is a five year mandatory minimum, the second offense is 25 years, and the third offense is another 25 years.

So in the course of, as I recall, a week or 10 days, Angelos racked up about 55 years of mandatory federal prison time.

LI: Is Angelos’s case, in your judicial experience, an anomaly—or did you see other cases like it?

PC: I was on the bench for about 5.5 years in Utah, and that was certainly the most extreme mandatory minimum sentence I saw while I was there. I can’t point to other cases I had that were like that, but I know there a number of other cases around the country. These are called 924(c) counts. There are other people who have been subjected to those kinds of penalties.

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We have written previously about Utah’s voluminous laws and are pleased to report that after this session, the number of criminal offenses has been reduced significantly due to the comprehensive criminal justice reform effort. House Bill 348, the Justice Reinvestment Initiative, garnered a lot of attention for its reduction in criminal offense levels for certain low-level drug offenses—but it also had a significant impact on certain misdemeanor traffic offenses. The bill reclassified 259 offenses from a class C misdemeanor to an infraction, 34 class B offenses to a class C, and made a handful of other reductions.

Many places in Utah code previously set the default criminal classification as a class C misdemeanor, which comes with a possible jail sentence of up to 90 days. These reclassifications represent significant progress in reducing the impact of over-criminalization on Utahns and the taxes they pay. The purpose of the reforms was to refocus criminal justice resources on those crimes that have the largest impact on public safety. For example, instead of sending someone to jail for “driving over a firehose,” the state will now treat this as an infraction with fines instead of expensive and burdensome jail time.

You can view the list of changes made by HB 348 here.

John Oliver, host of HBO’s “Last Week Tonight,” recently did a segment on over-criminalization in America and the impact of municipal and other small violations on people’s lives. At one point he quipped that the state has to “spend money to make money to be able to afford to jail people to lose money.” This describes quite accurately the fiscal shortcomings to a criminal justice approach where expensive enforcement resources are devoted to collecting fines on small offenses that can land offenders in expensive jails for unpaid fines related to minor offenses. Such an approach turns our “public safety” apparatus into nothing more than a veiled return to the debtor prisons of the past—but at significant taxpayer expense.

Over-criminalization also has the effect of undermining the morality of law as it expands state sanctions against morally wrong behavior to mere violations of the regulatory state. George Will wrote that this “corrodes the rule of law” in his column this week where he argued that the administrative state threatens liberty.

We applaud the legislature for passing these sweeping reforms and hope that they will sustain this commitment to reducing over -criminalization in Utah.

We have written previously regarding the recently successful legislative effort to reform Utah’s criminal justice system in Utah. While several aspects received more attention than others—including lowering certain drug possession penalties from a felony to a misdemeanor, and shifting offenders from punishment to treatment—one crucial aspect has not received as much attention as it should: the reduction of penalty enhancement “buffer zones.”

Previous to this change, which passed the legislature almost unanimously, Utah law created a number of zones in which a person alleged to be in violation controlled substance laws would have their penalty automatically increased by one degree—for example, raising the charge from a class A misdemeanor to a third degree felony.

The worst part of the law, as previously constituted, was its broad geographical coverage, sometimes including nearly an entire city. If a person in violation of Utah’s drug laws committed the offending act in the following locations, it triggered the penalty increase:

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Libertas Institute has several summer research internships available for college students or recent graduates. Join our successful organization to help advance the cause of liberty in Utah!

We are in need of policy research assistance to prepare some of the legislative proposals Libertas will be advancing in the 2016 general session beginning in January. See here for an example of recent policies we worked on.

Job responsibilities

  • Research assigned policies spanning a broad spectrum of subjects
  • Compile, sort, and analyze data
  • Prepare reports and summarize data
  • Write articles on assigned topics

Qualifications

  • Must be interested in and aware of the political process
  • Understanding of, and passion for, liberty
  • High attention to detail
  • Excellent research and writing skills
  • Social media experience

Compensation

These are unpaid positions, though we will gladly work with your school to provide credit if that is an option. Any necessary expenditures related to assigned work will be reimbursed. 

Interns will work in Lehi on a part-time basis, either a morning or afternoon shift.

Application 

Interested students should submit a resumé and two writing samples to info@libertasutah.org with “Research internship application” in the subject line.

Jeremy Trentelman is a resident of Ogden who recently built a cardboard fort for his three-year-old daughter. While his young daughter received a lesson in fatherly love and support, she is also now learning a lesson about the raw and invasive power of the state.

Mr. Trentelman has been admonished by a code enforcement officer for being in violation of city ordinance, which reads: “It is unlawful for any owner, occupant, agent or lessee of real property within the city, to allow, cause or permit the following material or objects to be in or upon any yard, garden, lawn, or outdoor premises of such property: 1. Junk or salvage material; 2. Litter; 3. Any abandoned vehicle or inoperable vehicle.”

In an interview with the Standard Examiner, he defended his front lawn feature: “It’s obvious it’s not junk. There is a slide over the side and child graffiti all over the boxes. It looks like a fort.”

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President Obama visited Utah, arriving last night and departing this morning. He was ferried in a plane that costs taxpayers $179,750 per hour to operate. To provide security, he was accompanied by Secret Service agents. Local police barricaded roadways and helped secure the area, obstructing the natural flow of traffic and disrupting local economic activity in the process. All of these corollary consequences of Obama’s travel come with a significant cost.

Last night, the president met with local elected officials, leaders of the LDS Church, and others. This morning, he gave a seven-minute speech in front of an array of solar panels, touting the importance of this emergent industry. In his brief address, he focused on renewable energy and announced a goal to train 75,000 workers for solar energy jobs, focusing on veterans who are transitioning back into civilian life. He mentioned that “we” must be “relentless” in adding new jobs, claiming that some 129,000 were added to the economy in March.

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Many expect the Governor to call a special session this year to re-consider a proposal for Medicaid expansion under the Affordable Care Act. We caution the Governor and Legislature against Medicaid expansion. Providing health insurance is not the responsibility of the government and such redistributive policies violate the property rights of everyone as it requires either raising taxes or incurring debt to finance such expenditures.

During the legislative session earlier this year we issued a warning in our public comment on the Governor’s “Healthy Utah” Medicaid expansion plan. Our view was that expanding Medicaid on the promise of generous federal matching funds was unwise because such promises were unlikely to be kept. We were proven right last week when Congressman Tom Price, Chairman of the House Budget Committee, unveiled the House budget plan which aims to balance federal spending in nine years. A key element of the budget plan is repealing Medicaid expansion under the Affordable Care Act, thereby eliminating these generous federal match rates altogether.

Representative Price replaced Paul Ryan as committee chairman this year and has advocated for cutting the federal match rate for Medicaid expansion in order to balance the budget since at least 2013. Such cuts would eliminate the promised 90 to 100 percent match for expansion while leaving the current rates for traditional Medicaid in place. The current federal match rate for Medicaid in Utah is 70 percent.

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