In the state of the union speech last night, President Obama said with great force:

[I]f a bill comes to my desk with earmarks inside, I will veto it.

This appeared to settle the earmark question once and for all. The Republican House and Republicans in the Senate had already sworn off earmarks. Senate Democrats, who may have been holding out hope for preserving this prerogative, will not get to do earmarks. So says the president of the United States, veto pen in hand.

But late last night the White House may have begun to modify the president’s pledge. A “government reform factsheet” circulated by White House staff says, “The President intends to veto bills with special interest earmarks.” (emphasis added) This appears to create a class of earmarks that will bring the president’s veto, special interest earmarks, and a class that will not—national interest earmarks, one supposes.

Defining what is an “earmark” is difficult, though not impossible, as the groups that have worked on the earmarking problem can tell you. But the distinction between “special interest earmarks” and “national interest earmarks” appears to be something the president would make for himself. This withdraws a great deal of force from the “no earmarks” pledge.

It’s certainly possible that the “special interest” language in the fact sheet is surplussage simply meant to illustrate that earmarks are a “special interest” problem. But we will have to watch and see whether the president walks away from his statements about controlling earmarks, as he has done before.

From a press release by Law Enforcement Against Prohibition:

[A] U.S. Customs and Border Protection agent… was fired for saying in a casual conversation that legalizing and regulating drugs would help stop cartel violence along the southern border with Mexico. After sharing his views with a colleague, the fired agent, Bryan Gonzalez, received a letter of termination stating that his comments are “contrary to the core characteristics of Border Patrol Agents, which are patriotism, dedication, and espirit [sic] de corps.” Last week, with the help of the American Civil Liberties Union of New Mexico, Gonzalez filed a lawsuit seeking damages.

I know very little about employment law and have no idea whether the agent has a case. But just consider that even some Border Patrol agents are questioning the War on Drugs – and even when it can cost them their jobs.

If it costs you less to speak out, then please, consider doing so. American patriotism is about speaking one’s mind. Dedication to a failed policy isn’t a virtue. And will the firings continue until the esprit de corps improves?

In his State of the Union, President Obama pulled one from the Cato playbook and called for a corporate tax rate cut.

“But all the rest [of our companies] are hit with one of the highest corporate tax rates in the world. It makes no sense, and it has to change. So tonight, I’m asking Democrats and Republicans to simplify the system. Get rid of the loopholes. Level the playing field. And use the savings to lower the corporate tax rate for the first time in 25 years – without adding to our deficit.”

The stuff about loopholes and simplification–that’s window dressing. The real story is that the reality has sunk in even to liberal Democrats that we are shooting ourselves in the foot with the highest corporate tax rate in the world.

“Loopholes” will take care of themselves if we dramatically lower our tax rate. Chopping the statutory rate will automatically broaden the tax base, close homemade corporate loopholes, and not “add to our deficit” in the long-run.