Davy Crockett’s Lesson for Congress
Fess Parker, the actor who portrayed both Davy Crockett and Daniel Boone in classic television shows, has died at the age of 85. In his honor, I offer this version of Parker singing the theme song “The Ballad of Davy Crockett“:
And more substantively, I note that Col. David Crockett served three terms in Congress from Tennessee, where he is best known for delivering a speech known as “Not Yours to Give.” In response to a proposal for an appropriation to benefit the widow of a naval officer, Rep. Crockett said:
I have as much respect for the memory of the deceased, and as much sympathy for the sufferings of the living, if suffering there be, as any man in this House, but we must not permit our respect for the dead or our sympathy for a part of the living to lead us into an act of injustice to the balance of the living. I will not go into an argument to prove that Congress has no power to appropriate this money as an act of charity. Every member upon this floor knows it. We have the right, as individuals, to give away as much of our own money as we please in charity; but as members of Congress we have no right so to appropriate a dollar of the public money. …
We cannot, without the grossest corruption, appropriate this money as the payment of a debt. We have not the semblance of authority to appropriate it as a charity. Mr. Speaker, I have said we have the right to give as much money of our own as we please. I am the poorest man on this floor. I cannot vote for this bill, but I will give one week’s pay to the object, and if every member of Congress will do the same, it will amount to more than the bill asks.
He went on to quote a constituent who had complained when he previously voted for a similar measure:
The people have delegated to Congress, by the Constitution, the power to do certain things. To do these, it is authorized to collect and pay moneys, and for nothing else. Everything beyond this is usurpation, and a violation of the Constitution.
He may not actually have patched up the crack in the Liberty Bell, but he did his best to preserve the Constitution.
SAFRA-ficed?
Here’s a quick, preliminary reaction to the higher-education portion of the mammoth health-care reconciliation bill. I could find I’m wrong about some stuff as I delve more deeply into the bill’s language, but it appears that much of the out-of-control spending that would have occurred under the odious Student Aid and Fiscal Responsibility Act has been axed under reconciliation. SAFRA, it appears, has been sacrificed, though to bring to life an even more destructive demon.
Unfortunately, some of SAFRA survived. While a great deal of the spending has been stripped out, reconciliation would still tighten the federal government’s already iron grip on college financing. It would also plow billions more into Pell grants despite decades of evidnece that schools just eat such increases by raising prices. And don’t be fooled by the deceptive accounting in which administrative costs for guaranteed lending are counted as mandatory, but for direct lending as discretionary. When one fully accounts for the costs of going to all direct lending the estimated savings drop from $19.4 billion to $14.4 billion between 2010 and 2019, a sizable chunk of change for a nation so in debt it needs to save every penny it can.
Filed under: Education and Child Policy; General; Health, Welfare & Entitlements
GOP Congressmen: Most Republicans Now Think Iraq War Was a Mistake
In a Thursday panel at Cato on conservatism and war, U.S. Reps. Dana Rohrabacher (R-Calif.) Tom McClintock (R-Calif.) and John Duncan (R-Tenn.) revealed that the vast majority of GOP members of Congress now think it was wrong for the U.S. to invade Iraq in 2003.
The discussion was moderated by Grover Norquist, who asked the congressmen how many of their colleagues now think the war was a mistake.
Rohrabacher:
“I will say that the decision to go in, in retrospect, almost all of us think that was a horrible mistake. …Now that we know that it cost a trillion dollars, and all of these years, and all of these lives, and all of this blood… all I can say is everyone I know thinks it was a mistake to go in now.”
McClintock:
“I think everyone [in Congress] would agree that Iraq was a mistake.”
Watch the clip:
Lawrence Lessig’s Constitutional Amendment
Lawrence Lessig has proposed a constitutional amendment in response to the U.S. Supreme Court’s decision in Citizens United. It reads:
“Nothing in this Constitution shall be construed to restrict the power to limit, though not to ban, campaign expenditures of non-citizens of the United States during the last 60 days before an election.”
In Citizens United, the Court said that the First Amendment concerns speech rather than speakers. Congress has no power to discriminate against speakers; hence, a source of speech – people organized as a corporation – could not be prohibited from speaking (or funding speech).
Professor Lessig hopes to introduce a discrimination among speakers into the First Amendment. His proposed discrimination will not lose a popularity contest. He wishes to allow Congress to control the speech of non-citizens. He follows two lines of argument in support of his amendment, one less rational than the other.
The less rational line of appeal to the reader is both implicit and predictable. The Chinese are invoked along with the Chamber of Commerce. A denial of xenophobic intent follows immediately, and “We the People” appear near the end. Carl Schmitt would recognize the rhetorical construction of “friend and enemy.” Rather cleverly, Lessig manages to equate the foreign devils with the internal demons of the liberal mind. Corporations (including the Sierra Club?) and the Chinese (or other foreigner) are on one side of political struggles while “We the People” are on the other.
Filed under: Cato Publications; General; Government and Politics; Law and Civil Liberties; Political Philosophy
Joe Scarborough on War
Former Congressman and MSNBC host Joe Scarborough delivered the keynote address at today’s conference on the topic of conservatism and the war in Afghanistan.
During his speech, Scarborough took on neo-conservatives, Obama’s foreign policy record since taking office, and why the United States is still at war.
“In 2010, there’s not much difference between the Republicans’ view on foreign policy and the Democrats’ view of foreign policy,” said Scarborough. “President Obama… this anti-war president, has doubled the number of troops to Afghanistan to nearly 100,000… and he’s continued the transformation of the Afghanistan effort from a counterterrorism mission to a nation-building mission.”
For more, listen in:
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Who I’m Not Voting For
It’s that time of year again, when friends start telling me about this or that candidate I should support because he or she is a dedicated defender of liberty and limited government. I’m a political junkie, so I love getting these recommendations. But I don’t end up supporting or contributing to many candidates. In my view, it’s not enough for a candidate to say that he’s ”committed to slashing wasteful spending, providing tax relief, and eliminating red tape.” What’s your actual tax plan? What spending do you propose to cut or eliminate? Not many of them offer clear answers to that.
And liberty involves more than just economics. Often I’m told, “Congressman X is a libertarian.” I always check, and then I say, “He voted for the war, the Patriot Act, and the Federal Marriage Amendment. Sounds like a conservative.” Now a conservative who opposed President George W. Bush’s trillion-dollar spending increase, his Medicare expansion, and his stepped-up federal involvement in education is a lot better than your average member of Congress. But those votes do not a libertarian make.
This year I’m looking for candidates who stand for freedom across the board, who want government constrained by the Constitution, who believe in the principles of individual liberty, limited government, free markets, and peace.
And that means I don’t want to back candidates who support
- the war in Iraq
- the war in Afghanistan
- war with Iran
- the war on drugs
- the constitutional amendment to override state marriage laws and make gay people second-class citizens
- the president’s power to snatch American citizens off the street and hold them without access to a lawyer or a judge
- new restrictions on immigration
So don’t everybody write at once. But I’ll be looking out for political candidates who support liberty and limited government across a wide range of issues.
Filed under: General; Government and Politics; Political Philosophy
Moody’s Mulls Downgrading U.S. Debt
The U.S. isn’t Greece. Yet.
Moody’s is no longer so sure about the quality of Uncle Sam’s debt. Reports the Christian Science Monitor:
The US needs to make significant government spending cuts or else risk losing its gold-plated credit rating that has made extensive borrowing so affordable, Moody’s Investor Service said late Monday.
The announcement was a sobering warning that the country’s burgeoning debt has weakened the country’s economic standing, and that US Treasury Bonds, traditionally a bullet-proof investment, could lose their sterling Aaa-rating if Washington cannot control its federal debt.
If Moody’s were to downgrade the country’s rating, the impact could be severe. It would signal to lenders worldwide that the US is no longer one of the safest places to invest money.
That, in turn, would threaten the country’s ability to borrow freely and extensively from other countries on favorable terms. Investors would likely demand a higher interest rate to finance US debt, which would push federal debt higher still.
“There’s a profound effect in this announcement,” says Max Fraad Wolff, a professor of economics at New School University in New York. “The US has always been the gold standard … and this begins to signal a fall or weakness in US global economic position. That’s a bit like a sea change.”
Obviously we are long overdue for some fiscal responsibility in Washington. And that means cutting spending across the board. Lawmakers might start by considering what programs are authorized by the Constitution–and the far larger number which represent unconstitutional political power grabs.
Lies, Damned Lies, and CBO Estimates
Washington is buzzing with news that the Congressional Budget Office has a new cost estimate for the President’s proposal to further expand the federal government’s control over the health care system. The White House is doubtlessly pleased because the takeaway message, as blindly regurgitated by the Associated Press, is that a giant new entitlement program is going to “drive down red ink:”
The Congressional Budget Office estimated the legislation would reduce the federal deficit by $138 billion over its first 10 years, and continue to drive down the red ink thereafter. Democratic leaders said the deficit would be cut $1.2 trillion in the second decade – and Obama called it the biggest reduction since the 1990s, when President Bill Clinton put the federal budget on a path to surplus.
Michael Cannon already has explained that the cost estimate is fraudulent because of what it leaves out, so let me explain why it is fraudulent because of what it includes. The CBO has a very dismal track record of getting the numbers wrong, in part because there is no attempt to measure how a bigger burden of government has negative macroeconomic effects, but also because the number crunchers do a poor job of measuring the degree to which people (recipients, health care providers, state and local politicians, etc.) will modify their behavior to become eligible for other people’s money. The problem is compounded by similar mistakes for revenue estimates from the Joint Committee on Taxation, which (like CBO) makes no attempt to capture macroeconomic effects and has a less-than-stellar history of predicting behavioral responses.
If the legislation passes, we will get more spending, more taxes, and more debt. Equally troubling, we will get more dependency. That’s good for Washington and bad for the country.
Filed under: Government and Politics; Health, Welfare & Entitlements; Tax and Budget Policy
Run Away from ‘Common’ Education Standards
A couple of days ago, Fordham Institute president Chester Finn declared on NRO that conservatives should embrace new, national education standards from the Common Core State Standards Initiative. Today I respond to him on The Corner, and let’s just say it’s clear that neither conservatives, nor anybody else, should embrace national standards.
Oh, one more thing: I shouldn’t have to keep saying this to savvy Washington insiders like the folks at Fordham, but when the federal government bribes states with their own citizens’ tax money to do something, doing that thing is hardly voluntary, at least in any reasonable sense.
For more wise thoughts on the national standards issue, check out this interview with Jay Greene, and this Sacramento Bee piece by Ben Boychuk. Oh, and this interview with yours truly.
An Important Defense of Citizens United
M. Todd Henderson of the University of Chicago Law School has a brief but important essay making the case for Citizens United. As they say, read the whole thing.
Filed under: Cato Publications; General; Government and Politics; Law and Civil Liberties; Political Philosophy
“Deem and Pass” and TARP
The leaders of the House of Representatives plan to address health care through a “deem and pass” strategy. Professor Michael McConnell believes this strategy violates the Constitution. But put that aside for now. Ms. Pelosi has chosen “deem and pass” because, as she said, “people don’t have to vote on the Senate bill.” The “people” in question are House Democrats whose votes are essential to passing the bill. These members fear voters would penalize them for voting for the Senate bill. As the Washington Post put it, “deem and pass” would “enable House Democrats not to be on record directly as supporting the Senate measure.” A House Democrat running in a tough election will be able to deny voting for the Senate bill if it passes into law. We would then have an odd situation in which a bill became law even though only a minority of House members are willing to take responsibility for having supported it. It would be, as it were, a mystery how the bill became law.
This all reminds me of the TARP legislation. In my recent policy analysis of how Congress performed badly in the TARP case, I found that members of both of chambers were concerned mostly with avoiding responsibility for voting for the bailouts. In the tough cases, and probably many others, Congress does what it can to avoid being held accountable.
Many people inside DC will look at “deem and pass” through the lens of political hardball. If Pelosi can pull it off, she will be praised as tough and shrewd, a risk taker who gets her way by any means necessary.
But there is a larger problem here. The willingness and capacity of Congress to shirk responsibility for its acts suggests deep institutional decline and corruption. That decline implicates more than Congress itself. How can representative democracy work if voters cannot hold their representatives accountable?
Yet. Another. Fraudulent. Cost Estimate.
House Democrats claim that a not-yet-released Congressional Budget Office report puts the cost of their revised health care overhaul at $940 billion over the next 10 years.
Though I have yet to see the CBO score, I’ll bet anyone a fancy lunch that it does not claim the legislation would cost the federal government just $940 billion from 2010 through 2019.
As former Congressional Budget Office director Donald Marron has explained over and over, the figure that Democrats consistently cite for the cost of their bills is only the CBO’s estimate of the cost of federal spending related to the expansion of health insurance coverage. It is not the full cost to the federal government, because each bill also spends taxpayer dollars on other items.
Marron examined the CBO’s March 11 score of the bill that passed the Senate on Christmas Eve, and found an additional $96 billion of spending over 10 years. If the most recent iteration of ObamaCare is similar, then new federal spending in that bill would be approximately $1.036 trillion — pushing the total over the president’s spending target.
Anyone care to take me up on that fancy-lunch wager?
Moreover, the on-budget costs of the legislation probably account for only 40 percent of the total costs. The other 60 percent come from the private-sector mandates. But Democrats have systematically suppressed any estimates of those hidden taxes, probably because such an estimate would reveal the full cost of the legislation to be closer to $2.5 trillion over the next 10 years.
It has been 272 days since Democrats introduced the first complete version of the president’s health plan. We still haven’t seen an honest cost estimate.
Filed under: Cato Publications; General; Health, Welfare & Entitlements
To Kill ACORN, Kill the Programs
Last year, when the issue of defunding ACORN was a hot-button issue, I told countless radio talk show audiences that the focus should be on eliminating the underlying fuel that created the organization—the flow of federal subsidies.
Chris Edwards pointed this out in September. If Congress simply stops subsidizing ACORN, its activists will reincorporate under new names and again become eligible for funds. Alas, that’s precisely what ACORN is currently doing.
From FoxNews.com:
One of the latest groups to adopt a new name is ACORN Housing, long one of the best-funded affiliates. Now, the group is calling itself the Affordable Housing Centers of America.
Others changing their names include what were among the largest affiliates: California ACORN is now Alliance of Californians for Community Empowerment, and New York ACORN has become New York Communities for Change. More are expected to follow suit.
A comment from Frederick Hill, a spokesman for Republicans on the U.S. House oversight and government reform committee, doesn’t indicate that the GOP has quite received the message:
To credibly claim a clean break, argued Hill, the new groups should at least have hired directors from outside ACORN.
It appears that for many Republicans, attacking ACORN represented political opportunism, not a statement about the proper role of the federal government.
Further rendering the GOP’s ACORN agenda moot was last week’s ruling by a U.S. District judge that singling out ACORN for defunding is unconstitutional. It truly boggles the mind what passes for constitutional and unconstitutional in this country.
Tuesday was the birthday of James Madison, the “Father of the Constitution.” Reflecting upon Madison’s wise words, it’s hard to understand how the federal “community development” programs that have funded ACORN could pass constitutional muster:
“The government of the United States is a definite government, confined to specified objects. It is not like state governments, whose powers are more general. Charity is no part of the legislative duty of the government.”
“[T]he powers of the federal government are enumerated; it can only operate in certain cases; it has legislative powers on defined and limited objects, beyond which it cannot extend its jurisdiction.”
“With respect to the two words “general welfare,” I have always regarded them as qualified by the detail of powers connected with them. To take them in a literal and unlimited sense would be a metamorphosis of the Constitution into a character which there is a host of proofs was not contemplated by its creators.”
“If Congress can do whatever in their discretion can be done by money, and will promote the general welfare, the government is no longer a limited one possessing enumerated powers, but an indefinite one subject to particular exceptions.”
See this essay for reasons why these HUD community development programs should be abolished.
Would ObamaCare Improve Public Health? Probably Not.
George Avery is an assistant professor of public health at Purdue University. In today’s Daily Caller, Avery rebuts claims that the Obama health plan would improve public health:
The idea that health care contributes significantly to population health is both intuitively appealing and untrue….
In fact, federal “reform” often hurts the public health system. Both public health and health care experts have criticized Medicare and Medicaid, enacted by Congress in 1965, for changing the focus of health care practitioners from prevention to treatment….
Requiring all Americans purchase health insurance, which the current bills hope to do, would not address the underlying socio-economic issues at the root of most public health problems….
Indeed, access to health care can help individual patients, but can also aggravate some public health problems…. High rates of surgical intervention increase the risk and spread of drug resistant infections like MRSA.
Avery is the author of the Cato Institute briefing paper, “Scientific Misconduct: The Manipulation of Evidence for Political Advocacy in Health Care and Climate Policy.”
Filed under: Cato Publications; General; Health, Welfare & Entitlements
Is Obama Losing David Brooks?
New York Times columnist David Brooks, President Obama’s biggest fan among self-proclaimed conservatives, has been plunged into the depths of despair by the latest machinations of Obama and his congressional allies:
Deem and pass? Are you kidding me? Is this what the Revolutionary War was fought for? Is this what the boys on Normandy beach were trying to defend? Is this where we thought we would end up when Obama was speaking so beautifully in Iowa or promising to put away childish things?
Yes, I know Republicans have used the deem and pass technique. It was terrible then. But those were smallish items. This is the largest piece of legislation in a generation and Pelosi wants to pass it without a vote. It’s unbelievable that people even talk about this with a straight face. Do they really think the American people are going to stand for this? Do they think it will really fool anybody if a Democratic House member goes back to his district and says, “I didn’t vote for the bill. I just voted for the amendments.” Do they think all of America is insane?
Filed under: Government and Politics; Health, Welfare & Entitlements
A Libertarian View of Urban Sprawl
On Thursday, March 18, John Stossel’s show on the Fox Business News network will feature a discussion of how taxes and regulation have protected prevented urban areas like Cleveland from recovering from the decline of the industries that once supported those regions.
While the “stars” of the show were Drew Carey and Reason Magazine’s Nick Gillespie, Stossel spent a few minutes on zoning and land-use regulation. When searching for someone to advocate such land-use regulation, they happened to ask James Kunstler, author of The Geography of Nowhere, a critique of suburbia.
Kunstler’s response was emphatic. First, he called one of Stossel’s other guests (okay, it was me) “a shill for the sprawl-builders.” Then he added, “Please tell Stoessel [sic] he can kiss my ass.” He was so proud of this response that he posted it on his blog (look for it in the archive if it has disappeared from his home page).
Kunstler is biased against mobility and low-density housing, but he must be a good writer because he has lots of fans. As soon as he posted his rude reply, the blogosphere lit up with arguments from progressive, conservative, and even libertarian writers claiming that sprawl is the result of central planning and zoning and therefore libertarians such as Stossel and Cato should support smart-growth policies aimed at containing sprawl.
Sprawl is “mandated by a vast and seemingly intractable network of government regulations, from zoning laws and building codes to street design regulations,” claims conservative Austin Bramwell. As a result, “government planning makes sprawl ubiquitous.”
Anarcho-libertarian Kevin Carson quotes The Geography of Nowhere as the authority for how planners like Robert Moses forced people to live in sprawl. “Local governments have been almost universally dominated by an unholy alliance of real estate developers and other commercial interests” that insisted on urban sprawl, says Carson.
Open Carry Victory
As I previously noted, one of the areas where enforcement of the right to keep and bear arms will impact states and localities is in the carrying of handguns, either open or concealed. Until then, handgun carry proponents will be forced to comply with state laws that mandate open carry where concealed handgun permits are not issued or are only issued to those who happen to have fame, money, or political connections.
Wisconsin is one of two states with no provision for concealed carry (Illinois is the other). Frank Hannon-Rock, a member of Wisconsin Carry, a pro-gun rights organization, was arrested for open carrying on his front porch. He filed suit and was recently awarded $10,000 by a federal district court.
This parallels (but does not equal) the experience of Danladi Moore, an open carry advocate in Virginia who has been harassed repeatedly by Norfolk police. Moore’s case is worse; he is black, and police behavior took a predictable turn:
Danladi Moore – whom the city paid $10,000 in July to avoid litigation after being stopped by police for suspected weapons violations – was charged with trespassing at the downtown entertainment complex Tuesday night…
Moore said a friend who was with him at Waterside also was carrying a gun and also had challenged police when asked to leave. He said his friend, who is white, was not charged.
Given the racist origins of gun control and the positive role that firearms played in the civil rights movement, you would think that this sort of thing would be frowned upon.
Wednesday Links
- Busy with an ambitious domestic agenda, the Obama administration has put trade issues on the back burner. Let’s hope it stays that way.
- A little lesson on how government works. (As opposed to how it’s supposed to work.)
- There has been talk that House Democrats are planning to “deem” the health care bill into law without calling for a vote. If you’re not sure how that process works, read this.
- Contrary to a growing belief in Washington, revaluing China’s currency will not cure the trade deficit.
- Podcast: “ObamaCare Threatens Innovation” featuring Michael F. Cannon.
David Goldhill: “A Democrat’s Case For ‘No’”
David Goldhill has done it again.
You may recall his article, “How American Health Care Killed My Father,” from the September 2009 issue of The Atlantic.
Now, at HuffingtonPost, he comments on the health care legislation that may soon face a final vote (of some sort) in the House:
[C]ontinuing our Party’s almost unquestioned conflation of health insurance with health care, the central feature of the proposed “reform” is further extension of our flawed insurance-based system…[D]espite the Administration’s recent heated rhetoric, most of the entrenched health industry interests are quietly or openly in favor of this bill. Should the bill become law, I suspect we will look back at it as an industry bailout…
How…can Democrats in the depths of a recession support a massive tax increase on middle-class job creation…? How…could we justify diverting even more of middle class income to support our broken system of care, further starving families of funds for all their other needs? Most uninsured Americans lack insurance only temporarily; how many of them would trade lesser lifetime job prospects and lower disposable income for the short-term retention of health insurance?…
If the legislation had any real prospect of controlling health care spending, would the pharmaceutical industry be funding the “yes” campaign?
As a former Democrat who hung door knockers for Michael Dukakis in 1988, I know the heavy heart with which he writes. Read the whole thing.
Watch the video to hear Goldhill’s story:
Moody’s Caves In to Political Pressure on Municipal Bonds
Moody’s has announced that it will change its methods for rating debt issued by state and local governments. Politicians have argued that its current ratings ignore the historically low default rate of municipal bonds, resulting in higher interest rates being paid on muni debt, or so argue the politicians.
First this argument ignores that the market determines the cost of borrowing, not the rating. And while ratings are considered by market participants, one can easily find similarly rated bonds that trade at different yields.
Second, while ratings should give some weight to historical performance, far more weight should be given to expected future performance. Regardless of how say California-issued debt has performed in the past, does anyone doubt that California, or many other municipalities, are in fiscal straights right now?
Last and not least, politicians have no business telling rating agencies how to handle different types of investments. We’ve been down this road before with Fannie Mae and Freddie Mac. During drafting of GSE reform bills in the past, politicians put constant pressure on the rating agencies to maintain Fannie and Freddie’s AAA status.
The gaming over muni ratings illustrates all the more why we need to end the rating agencies govt created monopoly. As long as govt has imposed a system protecting the rating agencies from market pressures, those agencies will bend to the will of politicians in order to protect that status. As Fannie and Freddie have demonstrated, it ends up being the taxpayers and the investors who ultimately pay for this political meddling.
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