Archives: 01/2015

Republicans Should Offer Their Own Climate Change Amendment to Keystone XL Measure

As we predicted here, the Senate’s Keystone XL Pipeline legislation is going to be pelted with global warming-related amendments from Democrats as the price for a veto-proof bill. Most interesting is one by Bernie Sanders (S-VT) which asks the Senate to vote on whether climate change is real and made “worse” by dreaded carbon dioxide emissions.

Of course the first part is true—“climate” and “change” go hand-in-hand.  But the fact is that the warming that is occurring is happening at a rate far below what was forecast, and hasn’t been happening at all for 18+ years now.  So, perhaps some Republican will propose an amendment that in fact approaches the truth in this nuanced issue.

Perhaps, “Climate change is real and it is demonstrable that the climate models used by the United Nations’ Intergovernmental Panel on Climate Change to predict the future are on the verge of failure.”

US Lifts Ban on Long Haul Truck Deliveries From Mexico

The United States has finally ended a ban on long haul truck deliveries from Mexico.  The U.S. government promised to lift the ban twenty years ago as part of the North American Free Trade Agreement, but caved in to pressure from the Teamsters union claiming that Mexican trucks would be a safety hazard on U.S. roads.  Twenty years of data and two pilot programs seem to have been enough to convince your government that, in this case at least, Mexicans are just as good at doing things as other people.

But surely, you protest, the complaint could not have been that Mexicans are incompetent, but that Mexican safety standards and regulations are overly lax or poorly enforced.  To be fair, the Teamsters union has claimed that Mexican trucks are subject to inadequate regulation and that their drivers are poorly trained.  This argument would perhaps be meaningful if it weren’t so inexcusably misleading.  The fact is that all Mexican trucks operating in the United States have to get permits that require prescreening and regular inspections. 

In short, Mexican trucks operating in the United States are regulated by the U.S. government.  The only difference is the nationality of the truck’s driver and owner.

Trade Promotion Authority Is not an Executive Power Grab

With the Trans-Pacific Partnership (TPP) negotiations reported to be nearing completion and the Transatlantic Trade and Investment Partnership (TTIP) talks kicking into higher gear, Congress is expected to turn its attention to Trade Promotion Authority (TPA) legislation in the weeks ahead.

That’s where opponents of trade – mostly from the Left, but some from the Right – have decided to wage the next battle in their war against trade liberalization. Tactically, that makes some sense because, if they succeed, the TPP and the TTIP will be sidelined indefinitely. But, as observed by the Greek Tragedians and countless times in the millennia since, truth is the first casualty of war.

Trade opponents characterize TPA as an executive power-grab, a legislative capitulation, and a blank check from Congress that entitles the president to negotiate trade deals in secret without any congressional input except the right to vote “yea” or “nay” on an unalterable, unamendable, completed and signed agreement. But the truth is that TPA does not cede any authority from one branch to the other, but makes exercise of that authority more practicable for both branches.

Under the Constitution, Article I, Section 8, Congress is given the authority to “regulate commerce with foreign nations” and to “lay and collect taxes, duties, imposts, and excises.” While the president has no specific constitutional authority over trade, Article II grants the president power to make treaties with the advice and consent of the Senate. Accordingly, the formulation, negotiation, and implementation of trade agreements require the involvement and cooperation of both branches.

Lobbyists Deal — Easily — with a Changing Congress

On NPR’s “Morning Edition,” Peter Overby discusses the way lobbyists are adjusting to the new Republican Congress. Some are hiring former Republican lawmakers and congressional staff. Some are reminding clients that there are still two parties, as in this nice ad for superlobbyist Heather Podesta, former sister-in-law of White House eminence John Podesta:

OVERBY: Even in a Republican Congress, lobbyists will need to court Democrats, too. Heather Podesta is happy to point that out. She runs her own small Democratic firm.

HEATHER PODESTA: The power of the Congressional Black Caucus has really grown.

OVERBY: In fact, she says CBC members are expected to be the top-ranking Democrats on 17 House committees and subcommittees.

PODESTA: Corporate America has to have entree into those offices. And we’re very fortunate to have the former executive director of the Congressional Black Caucus as part of our team.

After every election, the lobbyists and the spending interests never rest. The challenge for the tea party and for groups such as the National Taxpayers Union is to keep taxpayers even a fraction as engaged as the tax consumers.

In the last analysis, as I’ve written many times before – and in my forthcoming book The Libertarian Mind – the only way to reduce the influence of lobbyists is to shrink the size of government. 

Is Metro Fixable? If So, Why Doesn’t Our Political Class Fix It?

Yesterday’s lethal smoke episode in a tunnel near the L’Enfant Plaza station of Washington’s Metro system was like one of the disaster scenes in Atlas Shrugged, from the controllers’ instructions (eventually disobeyed) to riders not to evacuate the eight-car Yellow Line train even as it rapidly filled with smoke, to a spokesperson’s insistence that there were “no casualties in the traditional sense” even as workers above ground were seen hustling unconscious persons on stretchers into emergency vehicles. One person was killed and more than eighty taken to hospitals; the National Transportation Safety Board, ironically itself located at L’Enfant Plaza, says an “electrical arcing event” caused the smoke. Track fires have become common in recent years in the WMATA (Washington Metropolitan Area Transit Authority) rail system, as have train breakdowns, escalator closures, delays, and other disruptions. In 2009 a crash on the Red Line between Takoma Park and Fort Totten killed nine and injured 80. 

Kerry, Obama Pressuring India on Climate Change

Secretary of State John Kerry is currently in India as advance guard for President Obama’s visit later this month. The president is going there to try and get some commitment from India (or the illusion of a commitment) to reduce its emissions of dreaded greenhouse gases. Until now, India, along with China, has resisted calls for major reductions, effectively blocking any global treaty limiting fossil fuel use. The president is very keen on changing this before this December’s United Nations confab in Paris, where such a treaty is supposed to be inked. 

Kerry’s mission is to get India ready for the president. Speaking at a trade conference in the state of Gujarat, Kerry said, “Global climate change is already violently affecting communities, not just across India but around the world. It is disrupting commerce, development and economic growth. It’s costing farmers crops.”

In reality, global climate change is exerting no detectable effect on India’s main crop production. 

As shown below the jump, the rate of increase in wheat yields has been constant since records began in the mid-1950s, and the rate of increase in rice yields is actually higher in the last three decades than it was at the start of the record.

Further, if Kerry was saying that climate change is reducing crop yields around the world, that’s wrong too. The increase in global yields has also been constant for decades.

Big Win for Student Liberty

The Atlanta-based U.S. Court of Appeals for the Eleventh Circuit has issued another landmark opinion that protects student rights against the arbitrary diktats of university officials. In a case that has wound up and down the federal judiciary several times, the court today again ruled for Valdosta State University student Thomas Hayden Barnes, who had been placed on administrative leave without a hearing after he had peacefully protested the construction of a parking garage.

As I described in summarizing the last brief Cato filed in this case, the Eleventh Circuit had previously affirmed the denial of qualified immunity against university president Ronald Zaccari, restating that malicious public officials aren’t entitled to special protections when they clearly violate the rights of another. On remand, the district court inexplicably let the defendants off on the student’s claim that Zaccari and others retaliated against him for exercising his First Amendment rights—he had already won on other claims regarding his due process rights—then applied a severe across-the-board reduction of attorney’s fees awarded to Barnes, and even granted reverse attorney’s fees for the defendants who were held not liable, going so far as calling those claims frivolous solely because they were unsuccessful.

The Eleventh Circuit has now reversed the lower court yet again, on all these points, asking the district court to reconsider the First Amendment claim and recalculate the attorney’s fees. The decision is pretty technical with no really quotable passages, but the workmanlike slap-down of the district court is notable.

Students who stand up for their constitutional rights are rare, and imposing unfavorable fee awards will only make it more difficult for them to secure strong representation. (Barnes’s counsel is the renowned First Amendment lawyer and Cato adjunct scholar Bob Corn-Revere.) The district court, while acknowledging that some rights were violated, only offered half-measures as a remedy. The Eleventh Circuit has now corrected that mistake, sending university officials the loud, clear message that constitutional protections don’t stop at the edge of campus.