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Over the past several months, Attorney General Jeff Sessions has taken a step back on federal justice reform efforts, regressing to purportedly “tough on crime” stances. From advising increased penalties for nonviolent offenders to more recently promising an increase in the use of civil asset forfeiture by the federal government, Sessions has been doing everything in his power to give the Department of Justice (DOJ)’s full support to 80s-era policies from which many conservatives have abandoned in favor of evidenced-based practices that reduce recidivism and enhance public safety.
It may seem surprising to consider licensing reform a criminal justice issue, but if you get to the meat of the issue then it makes sense. Unsurprisingly, barriers to employment make it harder find a job and that can result in those who can find work returning to crime.
Usually, the average person wants to feel safe in our day to day lives. When they conduct business or make purchases, they want to believe that where they are making are purchases are legitimate and not trying to take advantage of us. For that reason, they usually ask the government to make various businesses, organizations, and individuals license their practices to make sure they have some credibility in their respective fields.
Last Tuesday, Sen. Mike Lee (R-Utah.) and Sen. Ben Sasse (R-Neb.) spoke at a Heritage Foundation panel discussion on the damage and ineffectiveness of occupational licensing.
Much of the Bill of Rights is dedicated to protecting accused persons, an action integral to our society. Expanding upon the Sixth Amendment’s granted right to legal counsel, states have put legislation in place that strictly dictates who can practice law. While such regulations aim to protect citizens, they have adverse effects and actually abridge the freedoms we hold dear.
Should one need to obtain a license to speak on public sidewalks about the history and architecture of an area? Or does the First Amendment protect our free speech rights from prior restraints, such as licensing requirements? According to a short opinion in Kagan v. City of New Orleans, which lacked any in depth legal reasoning, the Fifth Circuit ruled a license can be required to give guided tours of New Orleans for pay.
During the hot summer months, it’s practically an American tradition for children to set up lemonade stands in their neighborhood. The children learn valuable skills on how to run a business while earning some extra summer cash. A few years ago, the image of bureaucrats forcibly shutting down innocent lemonade stands may have been satire. Not anymore.