Categories
ideological culture too much government U.S. Constitution

The 14th Amendment Escape Clause?

Just as Tea Party representatives begin to bring the Constitution back into vogue, primarily to curb the power and spending of Congress, an innovative interpretation of the 14th Amendment floats around the capital, finding enthusiastic supporters amongst advocates of never-ending debt accumulation.

You see, Congress has limited the debt, by law, since 1917. And has raised that limit umpteen times (ten times this past decade). Now that Tea Party Republicans are using the debt limit to negotiate cuts in spending, the pro-spending forces are becoming frantic.

And clever.

Some of them now argue that Section Four of the 14th Amendment would allow the president to raise the debt limit without Congressional permission. After all, “The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned.”

At first blush this makes some sense, until one realizes that the 1917 law is, in fact, “the authorization” mentioned in the very clause — at which point the argument collapses faster than the integrity of politicians in closed session.

Still, the idea of the Executive Branch interposing between Congress and the people — like “state nullification” interposed, in James Madison’s very words, between the federal government and the people — is worth thinking about. And Congress could reinstate the president’s power to “impound” funds designated by Congress that he judges not authorized by the Constitution.

But you won’t find pro-spending forces advocating that.

This is Common Sense. I’m Paul Jacob.

Categories
media and media people national politics & policies too much government

What a Deal!

David Brooks, writing in the New York Times on Independence Day, cajoles Republicans to accept the deal that allegedly now faces them: Raise a few taxes (just a few!) in exchange for the Democrats going along with “a debt reduction measure of $3 trillion or even $4 trillion.” After all, he writes,

If the Republican Party were a normal party, it would take advantage of this amazing moment. It is being offered the deal of the century: trillions of dollars in spending cuts in exchange for a few hundred million dollars of revenue increases.

And then Brooks goes off on how unreasonable the Republicans have become, how abnormal.

Well, we can only hope.

There’s good reason for recalcitrance in the Republican party. Our beloved congressfolk do not have a revenue problem, they have a spending problem. They keep increasing spending, year by year, no matter what the revenue actually is.

Increasing revenue — which is still not certain even if marginal tax rates get upped or “loopholes” get closed — does not solve the base problem, which is spendaholic politicians.

Besides, the “trillions” in cuts are in the future, while the taxes would be immediate. We’ve been burned on such deals before, like Lucy and Charlie Brown’s football.

There was a reason the New York Times chose Brooks for its “conservative.” He can always be counted to chatter “kick the ball.”

Don’t fall for it, Charlie Brown.

This is Common Sense. I’m Paul Jacob.

Categories
national politics & policies too much government

Cold, Hard Reality

Yesterday President Obama declared that no one is arguing for government default. But isn’t it amazing to see so many politicians work so hard to ensure that un-argued-for goal?

There are two parts to a default. The first is running up debt; the second is not paying it back. Like it or not, advocate it or not, sovereign debt repudiation comes closer as American politicians lumber on with the first part.

Of course, there are folks who think the American people should simply repudiate their government’s debt. Over at the Mises Institute, Justin Ptak provides citations from more than one economist advocating just that.

Gary North states that the day is fast approaching when the phrase “full faith and credit of the United States government” will “provoke universal laughter. . . .” He insists that “the credit rating of the United States government will be marked down from AAA to AA. It will then be marked down to A.” What’s more, he says this is a good thing: “For every notch down that it falls, the national day of deliverance draws closer.”

Paranoid? Fringe? Hopeful? No matter how you categorize such talk, it’s not crazy to think about, since the probability of default grows as the debt increases.

A default could have a beneficial effect on America’s politicians: They would be unable to finance further deficits. Reality’s cold, hard fist — that is, un-amused investors — would rein them in.

This is Common Sense. I’m Paul Jacob.

Categories
ballot access too much government

Arizona “Clean Elections” Scheme Nixed

The United States Supreme Court decided, 5-4, against Arizona’s “clean elections” law. In two challenges to the law, Arizona Free Enterprise Club’s Freedom Club PAC v. Bennett and McComish v. Bennett, the Court ruled for freedom and against a bizarrely unfair form of “fairness.”

The idea behind Arizona’s law was to make money somehow “not count” by “leveling the playing field.” Arizona did this by giving taxpayer money to “clean elections candidates” to equal the voluntary donations obtained by privately funded competitors.

Chief Justice Roberts says the scheme goes “goes too far.” I would say: Way too far.

Roberts nicely argues that though “‘Leveling the playing field’ can sound like a good thing . . . in a democracy, campaigning for office is not a game.  It is a critically important form of speech.  The First Amendment embodies our choice as a Nation that, when it comes to such speech, the guiding principle is freedom — the ‘unfettered interchange of ideas’ — not whatever the State may view as fair.”

Now, I see why people don’t like the ugliness and “unfairness” inherent in “winner-takes-all” zero-sum contests like political campaigns. But the solution isn’t to hand public money to some favored candidates, effectively putting a finger on the scales. Instead, provide the public with greater choices, and let the people freely decide.

This is Common Sense. I’m Paul Jacob.

Categories
free trade & free markets too much government

Reform Challenge

Taxpayers fund about half of all medical industry transactions, and governments regulate that as well as a huge chunk of the rest. No wonder medicine is in chaos.

Economist Charles Sable asserts that he knows how to make health care better. Arnold Kling, on EconLog, reports Sable as saying that “health care providers need to be able to improve by learning from and correcting mistakes. He then proceeds to offer legislation to force that.”

But Kling offers an interesting challenge: “If you know a better way to run health care organizations, why don’t you start a health care organization?”

As opposed to dictating by law how others should manage theirs.

Kling, an economist who has run a business or two, thinks that when “a liberal/progressive proposal is supposed to do X,” the liberal “expert” should “start a private entity to do X.” He sees no reason why the medical industry would be immune to such challenge:

If health care providers are doing a bad job, what stops you from implementing a better model and taking over the market? Are consumers too stupid to know the difference between providers who make lots of unnecessary mistakes and providers who don’t? If they are so stupid as consumers, why do you expect them to be smart as voters?

In the real world, we could use people with ideas who really run with them — not stand back and tell some other folks how to run yet another bunch of folks’ lives and businesses.

This is Common Sense. I’m Paul Jacob.

Categories
too much government

ATF Misfire

A machine gun is like obscenity: We can’t define what it is, but everyone says they know it when they see it.

Well, that appears to be the case with the agency of the federal government formerly called the Bureau of Alcohol, Tobacco and Firearms, anyway. According to a statement issued yesterday by the Gun Owners of America (GOA), “The Bureau has never published a manual detailing how they determine what is, or is not, a machine gun.”

If your main reason for existence is controlling weaponry like machine guns, shouldn’t the criteria for determining what a machine gun is be publicly known?

But the reason for the bureau itself is a bit iffy. Known (un)popularly as the “ATF,” it’s been in operation (in one form or another) since 1886. Ronald Reagan infamously dubbed it a rogue agency. Since then, the ATF has slogged through multiple scandals, and a major umbrella department change, moving from Treasury to Justice. And that iffiness has been exacerbated by recent investigations by the House Oversight Committee.

Indeed, in part based on the results of those investigations, the GOA now advocates getting rid of the agency— you can read the details in yesterday’s communiqué.

The group has a point. Recent ATF activity includes another of its weird attempts at entrapment, which ended up supplying a huge amount of guns to the Mexican drug cartels.

Another federal agency doing the opposite of its mission?

Not unheard of. Call it a typical misfire.

This is Common Sense. I’m Paul Jacob.

Categories
crime and punishment national politics & policies too much government

Disarm Power-Trippy Bureau-Thugs

“This is the sort of thing that should never, ever happen in a free society,” says Quin Hillyer at the Center for Individual Freedom site.

By “this . . . sort of thing” Hillyer means pre-dawn raids in which “thuggish bureaucrats . . . burst into a man’s home and handcuff him in front of his children because his estranged wife is late on student loan payments.”

I’ve already commented on this vicious and stupid Department-of-Education-sponsored raid. I return to the story to echo Hillyer’s suggestions for reform.

He observes that such baseless assaults on innocent citizens are “an increasing problem. . . . [A] horrific number of similar stories [show] that we are all subject, at the whim of idiots without any good reason to carry arms, to tactics reminiscent of a terrible police state.” More and more commonly, agencies like the Small Business Administration and the Railroad Retirement Board, which have no business having armed agents, nevertheless do.

Hillyer suggests that the SWAT-like raid teams and the people who order them should both be subject to imprisonment for these flagrant abuses of power. He also wants Congress to stop criminalizing mere clerical errors and to “de-arm federal agents.” The Instapundit, Glenn Reynolds, concurs, saying he’d “like to see some Tea Party members of Congress pass bills to disarm all non-law-enforcement agencies.”

Yes. Let the congressmen openly debate and vote whether rampant, arbitrary, armed raids of innocent citizens should or should not continue.

This is Common Sense. I’m Paul Jacob.

Categories
education and schooling too much government

Explaining the Next Bust

Is the long-cycle “higher education boom” now beginning to go bust?

Like financial bubbles fed by subsidy and the Federal Reserve’s limbo-low interest rates, American colleges and universities are plagued with too much government attention —particularly by policy that says “everybody should go to college.”

But common sense tells us that not everybody profits by going to college, that sending ill-prepared, unqualified and even uninterested young non-scholars to college, largely so they can “earn higher incomes” is absurd. Pushing the vast majority of American humanity through the university mill cannot ineluctably yield increasing returns. With diminishing returns, increasing government attention can only feed a dangerously unsustainable bubble.

And once it bursts, Americans will demand explanations.

Look to the theory of “signaling,” which posits that a (or the) chief use for schooling is not learning but a demonstration: Getting a college degree shows (“signals”) employers that the persevering student possesses virtues useful in “the real world.”

We’ve come to rely on those crude signals, but as economist Bryan Caplan argues, businesses could adapt to a very different information market: “Ending government subsidies for education wouldn’t create a new working-class generation; it would lead businesses to massively expand the employment of interns to take advantage of the large pool of talented, young people who can’t afford tuition.”

Gee, learning one’s trade for free sounds better than going into debt to “signal” employers that one would likely be able to produce for them.

This is Common Sense. I’m Paul Jacob.

Categories
nannyism too much government

The Propaganda Diet

When the federal government gave up its goofy “food pyramid,” I thought it might be a sign that the USDA had given up. We’re not so lucky. The USDA just announced its new diet propaganda campaign, trading in the pyramid for a pie chart.

But, as noticed on Reason magazine’s Hit and Run, there’s no pie.

Actually, the graphic’s in the shape of a plate, with four categories broken down in pie-chart fashion: Fruits, grains, vegetables, and proteins. In a separate element to the side, a “cup” labeled “dairy” serves as a fifth food group.

The “eat your vegetables” mantra we’ve been hearing all our lives is now reinforced by the command to make half our “plate” (the graphic is available at ChooseMyPlate.gov) fresh fruits and vegetables, take half our grains as whole grains, avoid salt, and switch our milk to skim or 1 percent. Oh, and avoid sugary drinks; drink water instead. And eat less overall.

Good advice, I suppose, but at this point if the government tells me that the unclouded sky is blue, I’d check to verify, first.

And regarding our diets, “check to verify” is probably a good idea. We can hardly trust even the so-called experts without applying our own critical intelligence. Our eating habits are ours. And much of what the government’s said in the past has been nonsense.

As for me, I’d like to cut down on government itself. This campaign seems the place to start.

This is Common Sense. I’m Paul Jacob.

Categories
free trade & free markets too much government

The Hewitt-Romney Rationalization

Those who insist that RomneyCare isn’t as bad as ObamaCare need a reality check.

Both impose new price controls; both impose new taxpayer-funded subsidies; both force people to buy health insurance; both massively expand government interference in our lives.

Former Governor Mitt Romney seemed to acknowledge the similarities when he suggested, shortly after Obamacare had passed, that he’d “be happy to take credit” for the president’s accomplishment. Now, though, with the glaring parallels so politically inconvenient, he pretends that parsecs of distance separate the two plans.

RomneyCare apologist Hugh Hewitt says that RomneyCare’s mandate forcing people to buy health insurance offends only “a handful of libertarian purists.” (Which I’d submit is far better than being a pure socialist or even a half-and-half socialist.) According to Hewitt, if we have no great objection to, say, smog-emission mandates, what’s the big deal about being compelled to buy a product?! Anyway, he adds, states have the right to impose such mandates, whereas the federal government is constitutionally barred from doing so.

Regardless of how we assess particular attempts to combat pollution, pollution at least conceivably violates the rights of others. Your not buying something does not violate anybody else’s rights; being compelled to buy something does violate somebody’s rights — yours.

Sure, RomneyCare affects “only” 6.5 million people, whereas ObamaCare affects some 300 million. But expanding governmental interference in the medical industry and into the lives of everyone is, either way, destructive and immoral.

This is Common Sense. I’m Paul Jacob.