Kirk Sigmon's Commentary

Kirk Sigmon's Commentary

  • Why can’t cops uphold the laws we establish?

    Posted by Kirk Sigmon on Saturday, April 24th, 2010 at 10:40 pm in Political Commentary

    I have nothing wrong with protesting against laws — it’s constitutional, sometimes effective, and a great way to voice dissent. However, I don’t think disagreeing with a law gives you carte blanche to violate that law, especially en masse. And that’s specifically what is going to happen in Raleigh on July 28.

    On July 28, the Raleigh Amphitheatre and Festival Site will be hosting “Cauzin’ Vapors…Legalize It 2010 Summer Tour” — that is, a pro-Marijuana legalization music festival, like Woodstock with (maybe) more pot. While the booking was not explicitly done by the state (it was done by the company Live Nation), one can already see the issue with the tour: it pretty much encourages consumption of illegal drugs. Of course, the hilarity of this is that the aforementioned convention center is right across from a Raleigh Police Department. Still, it’s pretty clear the entire city of Raleigh can’t mobilize to babysit a bunch of concert goers — so what’s a city to do?

    In my opinion, something needs to be done to plan for issues like this. I’ve honestly never understood how local governments could willingly stand aside and watch the law being flagrantly broken just because of the lack of police force. Be it by fining people or by increasing police force on days when such “tours” go on, the government needs to be willing to uphold the laws to everyone, even if a lot of people are violating the law at the same time. Put simply, there is no (and should be no) “group discount” for crime. I’d much rather see an entire concert shut down than to allow it to continue when illegal actions are being implicitly condoned.

    But still, it may be that this “tour” manages to get by without a single joint — which would be the ideal situation, as unlikely as it would be. The best protesters are those who not only are able to articulate their dissent on a subject, but those who are also able to display that they do so not out of selfishness or greed, but rather simply by reason. There are a lot of remarkably interesting arguments out there that promote legalizing marijuana — “we do it anyway” isn’t one of them.

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  • The NC Department of Revenue should stay away from online shopping

    Posted by Kirk Sigmon on Wednesday, April 21st, 2010 at 2:00 pm in Political Commentary

    The North Carolina Department of Revenue, in a clear attempt to find NC residents and further tax them for online purchases, has recently demanded that the online megastore Amazon.com turn over information regarding over 50 million purchases made by NC residents between 2003 and 2010. Amazon.com, knowing the full ramifications of giving the NC the ability to retroactively tax its citizens, is refusing to turn over the information, and has filed a First Amendment lawsuit in federal court. The NC DoR, in turn, has threatened to sue as well, pending Amazon.com fails to turn over their records by April 19. Long story short? If Amazon.com wins, your privacy online is maintained, and you don’t have to pay state taxes on stuff you purchased in 2003. If the NC Department of Revenue wins, you’ll not only have all of your dirty laundry viewed by tax men, but you’ll probably be charged for it too.

    These taxes are the kind that are ultimately destructive to consumer rights, tax law, and our freedom as a whole. The NC DoR already has an “Amazon Tax” in place — but it’s anything but fair. The Department of Revenue has absolutely no right to begin to search retroactively through buyer records online to start taxing its citizens further: that’s an unjust way to make a dollar, and it’s a quick way to make online retailers positively scared of North Carolina. Heck, even taxing people for online purchases in the first place is highly underhanded and questionable — it undermines commerce and fundamentally exploits companies that do not even exist in the state. Perhaps worst of all, retroactive taxes of online goods would set a precedent for NC taxes to extend to many things in your past — meaning those “tax free” purchases you made 5+ years ago may come back to bite you in a new and very irritating way.

    The “Amazon Tax” concept is not entirely original. The taxing of online retail has been implemented in states like New York and Rhode Island for quite some time, and it has caused a great deal of controversy in these locations. In fact, according to the Tax Foundation, Rhode Island has actually lost money, because Amazon responded to their “Amazon Tax” by dropping available programs and thus halting a lot of commerce. In New York, the tax was upheld in a court, but legal battles continue to this day. Because of its size and power, Amazon.com is not afraid to punish a state for being too hasty with taxes — and they’re likely to punish North Carolina (and implicitly North Carolina citizens) if the Department of Revenue begins to retroactively tax online purchases.

    Let’s just hope Amazon wins this little war. North Carolina citizens can’t afford to be taxed on stuff they purchased over 7 years ago.

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  • When “Life” no longer means Life

    Posted by Kirk Sigmon on Saturday, April 17th, 2010 at 5:58 pm in Political Commentary

    When I say “Life Imprisonment”, most people think that means literally life imprisonment — that is, imprisonment until death. Life imprisonment is a serious punishment for serious crimes, and it is used in part to prevent criminals from re-entering society and posing a threat to normal citizens.

    But if the NC Supreme Court has anything to say about it, that may no longer be the case.

    The long story short is that the NC Supreme Court is considering allowing things like “good behavior” credits to factor into the presumed 80 year sentence they believe comprises a “life sentence” — meaning, in layman’s terms, some really well behaved “lifers” might be able to get out with only 30 year sentences. This would make it possible for over 24 people serving a life sentence in North Carolina right now to be freed immediately.

    It will be interesting to see how this goes. On one hand, “good behavior” credits and parole are a pretty normal part of the justice system — it’s a good incentive to keep order and to ensure the prisons remain relatively open. Furthermore, I’m sure there is a legal precedent that allows releasing prisoners — the NC Supreme Court is almost certainly not establishing a new precedent. Still, this could easily become a PR nightmare. It’s very hard to have to explain to normal, tax-paying citizens why the state is allowing people who were thrown into jail for life — meaning they committed a heinous crime and were deemed largely dangerous — out onto the street once again.

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  • Perdue announces $17m small business stimulus plan

    Posted by Kirk Sigmon on Tuesday, April 13th, 2010 at 3:55 pm in News

    Governor Bev Perdue is now calling on the NC Legislature to pass a $17m small business assistance package, entitled JobsNOW, that will offer a lot of tax credits and assistance from the local government to small businesses. The idea is, of course, to focus on smaller NC-based businesses, particularly for state contracts, and to avoid putting too much precedent on bigger multi-state corporations that (supposedly) do not bring in as much cash to NC residents. You can read all of her plans on her website, but the long and short of it is that she wants to provide a cornucopia of tax incentives for new businesses and businesses looking for capital, as well as reinforce main street business and tourism, two somewhat dying industries in NC.

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  • NCGOP Chairman Tom Fetzer demands Steele resign

    Posted by Kirk Sigmon on Friday, April 9th, 2010 at 8:53 pm in News

    Because of lavish, highly inappropriate spending by the national GOP, NC GOP chairman Tom Fetzer is demanding that national GOP chairman Michael Steele resign. This all comes after the revelation that one or more staffers (including Erik Brown) of the GOP went to an erotic bondage nightclub in Los Angeles, spending over $2,000 on the GOP dime. As you can imagine, the above scandal is incredibly offensive, especially to donors who gave money to the party recently.

    Clearly, despite their behavior attempting to indicate otherwise, the GOP still has some serious internal issues that make it appear to be more of a lewd old boy’s club than an actual political party. It’s not too hard to see the move being made by the NC GOP — disassociate themselves with the national scandals and save themselves from being dragged down by them. The big question, of course, is how effective this will be: the GOP has done very well at rallying a base for the November elections, but scandals like the whole bondage club issue run the risk of destroying all their progress. The NCDP might have a chink in their opponent’s armor.

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  • Should NC join the health care lawsuits?

    Posted by Kirk Sigmon on Monday, April 5th, 2010 at 8:38 pm in Political Commentary

    If you haven’t heard, a sizable number — more than a dozen thus far — of states are planning to sue the federal government regarding the recent health care legislation. According to their actually rather well constructed arguments, the health care bill recently passed — officially the “Patient Protection and Affordable Care Act”, termed by Republicans “Obamacare” — is a gross abuse of the Interstate Commerce Clause and an infringement of states rights and, thus, unconstitutional. Virginia Attorney General Kenneth Cuccinelli is particularly angry about the legislation, as it allegedly tramples on legislated Virginia law prohibiting mandatory insurance, and he has been at least figuratively heading the charge.

    So, the question is, should North Carolina get involved?

    First of all, to be clear, this is not an actually pertinent question: North Carolina Attorney General Roy A. Cooper is a Democrat, who would never so blatantly attack his own party, meaning the question is moot. This argument is, fortunately or unfortunately, more theoretical than literal. But it’s still important.

    With that being said, why sue the government and implicitly reject the health care reform?

    First off, I will agree with Cuccinelli — there is something inherently troubling about the federal government’s arrest of state rights via health care. The audacity of the government to step in and essentially take over the entire system when individual states can fix these issues in a manner better tailored to their needs is rather troubling. I won’t lie, I find it incredibly worrisome that the federal answer to an industry problem is to simply seize the industry and destroy large swaths of it without much input from states. Call me paranoid, but I’d much rather have my state government make such decisions based upon the individual needs of my state rather than have the federal government make blanket statements for everyone.

    Of course, the implied issue with the above is that there is a significantly high chance that states will have to foot a lot of the bill for the legislated health care reform, particularly in terms of the legislated insurance “exchanges”. Like it or not, federal changes to the health care system cost states money, especially in terms of having to accommodate new rules, potential loss of business from insurance companies, and even from something as ridiculous as the 10% tax on tanning. This kind of issue seems to be a big player in this lawsuit: from a state government perspective, this 2010 health care reform is not merely the federal government taking away control, but it’s the federal government taking away money as well.

    So does this mean we should expect (or even want) our Attorney General to sue the federal government? Well, no. Honestly, they have better things to do, and it’s a massive waste of state funds and state funded lawyer time to be working on such a project. Attorney Generals have better things to do.

    The individuals who should be pursuing such a lawsuit should be individuals — people who don’t want to be part of the system — not politicians. All a good health care lawsuit would really require is for an individual to simply refuse to pay for health insurance and to refuse to pay the subsequent penalty. This is not to say this would be a perfect method, as it is not entirely guaranteed to gain enough traction to make it to where it would need to be (the Supreme Court) to revoke the law — but it’s a start, and certainly a more appropriate one than allowing an Attorney General do it. At least in my mind, it is far more respectable for an individual to do so and stand up for his rights than for a politician, angry about the opposing party, to inappropriately use his position as an Attorney General to levy against a bill he doesn’t like.

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  • Lowell Hate Crime doesn’t bode well for NC

    Posted by Kirk Sigmon on Friday, April 2nd, 2010 at 10:15 pm in News

    If you haven’t seen it on the national news, you’ll hear it here – an interracial couple in Lowell has been the subject of frequent racist attacks on their home, including “We will burn you out” spray painted on the side of their home and a noose with a note being left in front of their door. Apparently the messages have been pretty standard and expected, though frightening for 2010 — one message said “We don’t approve. End it,”, further claiming “If your daddy knew what you was doing he’d flip over in the grave”. Backwoods racism has not left NC. One can only hope that the police in the area catch these people (who supposedly may not even live in Lowell) and prosecute them as quickly and as harshly as possible — behavior like this doesn’t help NC look good on the national stage.

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    Kirk Sigmon
    http://www.kirksigmon.com

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