Tag: Congress

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Accountability general freedom media and media people moral hazard national politics & policies responsibility too much government U.S. Constitution

Matter-​of-​After-​the-​Fact

Trump, dictator, war powers, Congress, Executive, power, incompetence

“For some time now,” writes Sen. Rand Paul for The American Conservative, “Congress has abdicated its responsibility to declare war.”

Kentucky’s junior senator knows how unconstitutional this is. “The Founders left the power to make war in the legislature on purpose and with good reason,” Rand Paul explains — correctly. “They recognized that the executive branch is most prone to war.”

So, Washington Senators Bob Corker and Tim Kaine are here to help? 

This bipartisan pair has retrieved — from deep within the bowels of congressional R & D — a new Authorization for Use of Military Force (AUMF). This would, explains Paul, give “nearly unlimited power to this or any other president to be at war whenever he or she wants, with minimal justification and no prior specific authority.”

The wording of the new AUMF “would forever allow the executive unlimited latitude in determining war, and would leave Congress debating such action after forces have already been committed” — allowing Congress only carping rights. 

Shades of the Roman Republic, in which the Senate appointed dictators in tough times.*

These days, all times are tough times.

Meanwhile, Bob Corker is in the news for having just received the “George Washington University Institute for Public Diplomacy and Global Communication’s first annual Walter Roberts Award for Congressional Leadership in Public Diplomacy.”

And Kaine just a few weeks ago made a big deal about his no vote for Trump’s Secretary of State nominee: “We have a president who is anti-​diplomacy and I worry that Mike Pompeo has shown the same tendency to oppose diplomacy.”

How does making a foreign policy dictator out of Trump (or any future president) advance diplomacy?

This is Common Sense. I’m Paul Jacob.

 

* Arguably Congress’s open-​ended AUMF’s are much worse than ancient Roman practice, since today’s crises are not specified and the dictator is not forced to step down after the problem is solved — or a term limit of six months reached.

 

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crime and punishment folly general freedom moral hazard national politics & policies Popular privacy responsibility The Draft too much government U.S. Constitution

Leave Those Kids Alone

draft, selective service, conscription, war, slavery, servitude, Congress, hearings

Congress created The National Commission on Military, National, and Public Service “to consider and develop recommendations concerning the need for a military draft, and means by which to foster a greater attitude and ethos of service among American youth.”

Is it possible that Congress and the commissioners have never considered the inherent contradiction between forcing people into the military against their will and fostering an “ethos of service”?

Today, I will get perhaps two minutes to address this commission at a hearing in Denver, Colorado, answering* these questions it has posed:

Is a military draft or draft contingency still a necessary component of U.S. national security?

The military draft has never at any time in the history of this country been a necessary component in U.S. national security. 

Are modifications to the selective service system needed?

No. The Selective Service System, the people who force very young men into the military against their will, needs to be ended. Not modified. Not expanded to women. End draft registration. Close the agency. 

The United States should forswear any use of conscription. A free country need not force people into the military to defend it.

Is a mandatory service requirement for all Americans necessary, valuable, and feasible?

Necessary? Not on your life. Americans have always stepped forward — not only to defend their own country, but also in hopes of defending people across the globe. 

Valuable? That’s a bad joke. People forced to kill and die in Vietnam and other conflicts and those imprisoned for refusing to take part in such a system fail to see any value. The draft has been disastrous. 

What is valuable are the lives and rights of the young. They are free citizens, not Congress’s pawns.

Feasible? No. Because too many of us will fight you, refusing to go along. Even if it means our imprisonment.** Plus, a conscripted army is a poor substitute for the All Volunteer Force. 

The draft is unnecessary, divisive and dangerous.

How does the United States increase the propensity for Americans, particularly young Americans, to serve?

Be worthy of the voluntary service of the American people.

If the government is responsible, then people will respond to protect it.

Commit to raising an army of soldiers and service providers by persuading citizens to freely serve their communities and their country. In short, this commission and this Congress should commit to freedom.

That would be truly inspiring.

This is Common Sense. I’m Paul Jacob.

 

* I will also be submitting a longer, more formal statement in testimony.

** As regular readers know, I was one of 20 young men prosecuted for refusing to register for the draft in the 1980s.

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Accountability crime and punishment folly free trade & free markets general freedom media and media people moral hazard nannyism national politics & policies property rights Regulating Protest too much government U.S. Constitution

That Something You Do

Congress, Facebook, hearings, control, regulations, Mark Zuckerberg, censorship, censor, regulate

Congress grilled Facebook CEO Mark Zuckerberg, last week, and as usual ended up roasting itself. 

“Zuckerberg has already experienced the worst punishment of all,” quipped comedian Trevor Noah on The Daily Show. “He had to spend four hours explaining Facebook to senior citizens.”

Utah Sen. Orrin Hatch, retiring after his 42nd consecutive year in Washington, asked, “How do you sustain a business model in which users don’t pay for your service?”

“Senator,” Zuckerberg incredulously replied, “we run ads.”

Inc. magazine reported the obvious: “several of our elected leaders asked questions that were highly uninformed, or in some cases just plain weird.”

Uninformed. Weird. That’s them, alright.* 

Still, the Washington establishment seems to seriously think these same congressmen ought to be re-​writing privacy rules. 

“Elected officials know the public wants them to do something to protect their privacy,” announced Chuck Todd, host of NBC’s Meet the Press. “The question now turns to what is that something?”

“Americans are largely together on this issue,” Todd said, citing a recent poll where a similar “66 percent of Democrats and 68 percent of Republicans say they want more control over the information companies have about them.”

But Democrats and Republicans are together on something else: Only 21 percent of Democrats and a tiny 14 percent of Republicans “trust the federal government” to act on the issue.

The senators, though obviously “confused about basic topics,” Emily Stewart wrote at Vox,  “seem to agree they want to fix something about Facebook. They just have no idea what.”

Please Congress: DON’T “do something.” Don’t do that thing you do.

This is Common Sense. I’m Paul Jacob.

 

* Reason TV has a very funny video on the Zuckerberg hearing.

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crime and punishment general freedom media and media people moral hazard nannyism national politics & policies privacy too much government U.S. Constitution

Unlovely Congress

Craigslist, HR 1865, "FOSTA", Trump, Congress, censorship, liability

If you recently tried to post a personal ad on Craigslist, the popular classified-​ad site, you were in for a shock. Craigslist has suddenly discontinued all personals. You can still sell your used rototiller, but forget about telling the world you’re lost in Louisville looking for love.

The company doesn’t want to be prosecuted for helping people find each other en route to becoming partners in outlawry.

Congress has just passed legislation subjecting site publishers to criminal and civil liability when their users “misuse online personals unlawfully.” The president’s signature is expected. Craigslist doesn’t want all that open-​ended liability. “Any tool or service can be misused,” it observes. 

Indeed. If the principle underlying this law were consistently applied, any good or service that facilitates communication (or other human activity!) would expose providers to liability for any illegal conduct abetted by their products. Would curtain manufacturers be exempt? We all know how bad guys plotting evil pull their curtains. Freedom of speech, freedom of casual encounters, freedom of curtain-​trafficking, it’s all at risk.

What about Congress’s goal of discouraging prostitution? 

Will all U.S. prostitutes now retire?

Not if the last several thousand years are any clue. Especially as other sites follow Craigslist’s lead, prostitutes who had escaped the streets thanks to online means of client-​hunting will tend to return to those streets. If so, neighborhoods less seedy and less dangerous thanks to Craigslist etc. will now tend to reacquire such unlovely qualities.

Thanks to (unlovely) Congress.

This is Common Sense. I’m Paul Jacob.

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national politics & policies Second Amendment rights tax policy too much government

Was the Line Crossed?

Trump, Congress, budget, 2nd Amendment, guns,

Everybody has a limit, a point after which they reach for the nearest weapon and fire.

Or, in normal politics, withdraw support and go on the attack.

But it is not normal politics right now. 

In mid-​March, a Congressman from Long Island expressed his frustration with the Trump administration by saying, “This is where the Second Amendment comes in, quite frankly, because you know, what if the president was to ignore the courts?”

Days after this pol darkly implied insurrection, attacking gun rights became, on our Democratic Congressman’s end of the spectrum, a cause célèbre. Obviously, there remains a strong tension between politically opposing gun rights and the commonsense acknowledgment of the vital political function of the Second Amendment.* Lines are drawn all over the place.

But last week a very different line was crossed.

Donald Trump signed the latest Omnibus whopper. And a few of the gonzo president’s biggest Internet supporters — including the oddest, anarchist Stefan Molyneux — could take no more. Trump’s fatal flaw, Molyneux stated, “is his desire to shovel the money of the unborn into the Great White Shark maw of the military-​industrial complex.” Molyneux identifies “the largest military budget in human history” as what Trump wanted in exchange for betraying his base.

So, you can see where Mr. Molyneux draws the line of support.

Meanwhile, others are wondering about Trump’s own line on trade policy. With much ballyhoo and bluster, he raised tariffs on steel — and then, quietly, exempted most of America’s steel trading partners.

Crazyman? Or genius? 

The line between those two concepts is notoriously gray.

This is Common Sense. I’m Paul Jacob.

 

* In my weekend column I noted that “when the populace is armed sufficiently to realistically repel tyranny, the calculations of self-​interested politicians per what they can get away with changes.” Guns can remain holstered, most of the time.

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Accountability incumbents media and media people moral hazard national politics & policies term limits

Like Motel Matches

matchbook, Congress, term limits, legislative, power

When President Trump announced he was slapping a 25 percent tariff on imported steel and 10 percent on aluminum, a friend asked me how the president could possibly possess such unilateral authority. 

That was my first thought, too, before surmising that Congress had again given away its constitutional power, as its habit, thoughtlessly — like motel matches.*

Writing in National Review, Jay Cost confirmed my suspicion, “Over the past 80 years, authority over tariffs, as well as over all manner of properly legislative functions, has migrated to the executive branch, away from the legislative.”

When FDR sought greater power over trade, Cost explained, “It was as if Congress threw up its hands in exasperation and said to the president, ‘We cannot handle our authority responsibly. Please take it off our hands, for we will screw things up and lose reelection.’”

Ah, the laser-​like focus of modern career politicians … on what’s most important … to them.

“Nobody looks to Congress for redress of grievances anymore …” Cost wrote. “Congress has systematically shrugged power off its shoulders over the past 80 years, and it inevitably screws up the handful of authorities it retains …”

Why? What has led our first branch of government, over the last 80 years or so, to surrender its authority? 

Congress has become much more “experienced,” evermore a career destination. And a lucrative one. 

We desperately need term limits. And we need smaller districts where individual citizens matter more than money and special interests.

Save Congress from itself — before it sets the country afire.

This is Common Sense. I’m Paul Jacob. 

 

* My mind jumped to Elvis Costello’s song, Motel Matches: “Giving you away, like …” what, precisely, in this case? The authority in Article 1, Section 8 of the Constitution: “The Congress shall have the Power to lay and collect Taxes, Duties, Imposts and Excises.…”

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