Tag: Barack Obama

Sunlight Before Signing in Obama’s First Term

Sunlight Before Signing” was President Obama’s 2008 campaign promise to put all bills Congress sent him online for five days before signing them. It was a measurable promise that I’ve monitored here since the beginning of his first term, and I will continue to do so in his second.

It was the president’s first broken promise, and in the first year he broke it again with almost every new law, giving just six of the first 124 bills he signed the exposure he promised.

With his first term concluded last month, we can now assess how well the president did with Sunlight Before Signing. Compliance with the promise got better, but it’s still not great. The president gave 413 of 665 bills five days of public review (and one he acceptably did not give five days due to emergency).

The easy bills almost always got five days review—few bills to rename post offices haven’t gotten sunlight. But more important bills often didn’t. Recent examples are the controversial FISA Amendments Act Reauthorization and the “fiscal cliff” bill.

  Number of Bills Emergency Bills Bills Posted Five Days %
2009 124 0 6 4.8%
2010 258 1 186 72.4%
2011 90 0 55 61.1%
2012 193 0 166 86.0%
Overall 665 1 413 62.3%

Would five days of public review have magically produced transparent government? Of course not. But imagine if the president had implemented and enforced his five-day promise from the beginning, and with every law.

Prez to Double Down on pre-Kindergarten Flop?

According to the latest buzz, President Obama may suggest dramatically expanding federal government preschool programs in his State of the Union address next week. That, at any rate, is the recommendation of a new report from an institute closely associated with the admnistration.

There are just two problems with this plan: 1) it’s already been tried; 2) it doesn’t work.

We now have 45 years of experience with, and two top-quality randomized studies of, the national Head Start pre-school program, and the results are disappointing. Head Start was meant to close the gap in student achievement between the children of advantaged and disadvantaged families. But, at the end of high school, the gap in achievement between the children of college graduates and those of high school dropouts has remained essentially unchanged since the program was introduced. We have even more direct evidence from two large national studies of the program commissioned by the very agency that administers it: the Department of Health and Human Services. These studies find no significant benefits to Head Start at the end of the third grade–or even at the end of the first.

So why double-down on a failed program? The most plausible (and charitable) explanation is a bad case of wishful thinking. Many people make the mistake of improperly generalizing from two or three tiny pre-school programs of earlier decades which did show some lasting benefits. Sadly the federal government’s nationwide Head Start program has not replicated those benefits despite generations of unrelenting effort. And there is no reason to imagine that it will suddenly start doing so if expanded even further.

Trying to fix failed federal preschool programs by dumping more money on them is like trying to make up per-unit losses by increasing sales volume. Sadly, that’s about the level of economic acumen demonstrated by recent administrations.

Drug Warriors Wrong on Marijuana Ballot Initiatives

Three states’ ballot initiatives might legalize the recreational use of marijuana this year. To the displeasure of some current and former drug warriors, the Obama Department of Justice is silent on the matter.

Those urging the feds to weigh in, unfortunately, rest their case on some bad reasoning:

But their claim is just not true. Here’s why. Let’s say the feds have a law banning the use of sugar in iced tea. An example of a state law that conflicts with this federal law would be one that requires the use of sugar in iced tea, not a state law that simply permits the use of sugar. A failure to adopt a law that prohibits the same thing the feds prohibit is simply not a conflict.

Another reason the Justice Department may be silent on these state ballot initiatives? President Obama is less popular nationwide than marijuana legalization.

In today’s Cato Daily Podcast, Tim Lynch goes through some of the other reasons why these drug warriors are confused on the facts.

Obama, Romney Avoiding a Serious Discussion on China

Mitt Romney attempted to refine his foreign policy platform in a speech at the Virginia Military Institute on Monday, but he was again long on rhetoric and short on strategy. What passed for substance in the speech was largely focused on the Middle East. Predictably, most of the reactions to the speech also focused on the Middle East, mainly President Obama’s policy toward Iran’s nuclear program and his response to the attack on the U.S. consulate in Benghazi, Libya, last month.

Notably absent from the media coverage and the speech itself was China. In fact, Romney mentioned China only once. This is discouraging since the U.S.-China relationship will likely be the most important foreign policy issue over the next few decades.

In today’s Cato Podcast, Justin Logan, director of foreign policy studies, discusses America’s China policy and the presidential candidates’ lack of focus on the issue. Obama and Romney have each spent time demagoguing China on their currency and other trade issues. But this political rhetoric has been at the expense of any serious effort to discuss at length how the candidates disagree when it comes to the U.S.-China relationship. Instead, the foreign-policy debate has centered on the greater Middle East, where U.S. interests are much smaller. The candidates exemplify a bipartisan obsession with the Middle East when in large part the consequential issues that the United States will face in the years to come will be much further to the east.

‘I Haven’t Raised Taxes’

Why am I only hearing about President Obama’s gob-smacking “I haven’t raised taxes” claim today, and from Reason?

On CBS News’s “60 Minutes” Sunday night, President Obama said, “Taxes are lower on families than they’ve been probably in the last 50 years. So I haven’t raised taxes.”

As of Monday morning, neither the Washington Post’s Pinocchio-awarding Fact-Checker, nor the Annenberg Public Policy Center’s FactCheck.org, nor the Tampa Bay Times’ Pulitzer-Prize-winning Politifact.com had risen to this opportunity…

Unbelievable. I just checked those websites, and they still haven’t.

Fortunately, Ira Stoll has. He leaves out a number of taxes President Obama has enacted, though, including raising the Medicare payroll tax on high-income earners, applying the Medicare payroll tax to non-payroll income for high-income earners, limiting the tax exclusion for flexible spending accounts, increasing the penalties on certain health savings account withdrawals, the “Cadillac tax” on high-cost health plans…

Oklahoma Challenges Obama’s Illegal Employer Tax

Yesterday, the attorney general of Oklahoma amended that state’s ObamaCare lawsuit. The amended complaint asks a federal court to clarify the Supreme Court’s ruling in NFIB v. Sebelius, but it also challenges an IRS rule that imposes ObamaCare’s employer mandate where the statute does not authorize it: on employers in the 30 to 40 states that decline to implement a health insurance “exchange.”

Here are a few excerpts from Oklahoma’s amended complaint:

The Final Rule was issued in contravention of the procedural and substantive requirements of the Administrative Procedures Act…; has no basis in any law of the United States; and directly conflicts with the unambiguous language of the very provision of the Internal Revenue Code it purports to interpret…

Under Defendants’ Interpretation, [this rule] expand[s] the circumstances under which an Applicable Large Employer must make an Assessable Payment…with the result that an employer may be required to make an Assessable Payment under circumstances not provided for in any statute and explicitly ruled out by unambiguous language in the Affordable Care Act.

Plaintiff believes…that subjecting the State of Oklahoma in its capacity as an employer to the employer mandate would cause the Affordable Care Act to exceed Congress’s legislative authority; to violate the Tenth Amendment; to impermissibly interfere with the residual sovereignty of the State of Oklahoma; and to violate Constitutional norms relating to the relationship between the states, including the State of Oklahoma, and the Federal Government.

As for the latest claim to be made in defense of the IRS rule – that an Exchange  established by the federal government under Section 1321 is an Exchange “established by the state under Section 1311” – the complaint says this:

If the Act provides or is interpreted to provide that an Exchange established by HHS under Section 1321(c) of the Act is a form of what the Act refers to as “an Exchange established by a State under Section 1311 of [the Act],” then Section 1321(c) is unconstitutional because it commandeers state governmental authority with respect to State Exchanges, permits HHS to exercise a State’s legislative and/or executive power, and otherwise causes the Exchange-related provisions of the Act…to exceed Congress’s legislative authority; to violate the Tenth Amendment; to infringe on the residual sovereignty of the States under the Constitution; and to violate Constitutional norms relating to the relationship between the states, including the State of Oklahoma, and the Federal Government.

Oklahoma does not yet list any private-sector employers as co-plaintiffs, but that may change.

Since this IRS rule also unlawfully taxes 250,000 Oklahomans under the individual mandate – a tax that in 2016 will reach $2,085 for a family of four earning $24,000 – the attorney general has an awful lot of individual Oklahomans that he could add to its plaintiff roster.

Jonathan Adler and I first wrote about President Obama’s illegal taxes on employers in the Wall Street Journal and again in the USA Today. Since parts of those opeds have been overtaken by events, I recommend reading our forthcoming Health Matrix article, “Taxation Without Representation: The Illegal IRS Rule to Expand Tax Credits Under the PPACA.” Yes, all 82 pages of it.

Clinton and Obama, Polar Opposites

Last night, Bill Clinton introduced President Barack Obama as the Democratic nominee. He went to great lengths to stress their similarities, but failed to mention their divergent views on the appropriate size of government.

When President Clinton took office in 1993, government expenditures were 22.1% of GDP, and when he departed in 2000, the federal government’s share of the economy had been squeezed to a low of 18.2%. As the accompanying table shows, during the Clinton years, federal government expenditures as a percent of GDP fell by 3.9 percentage points. No other modern president has come close.

 

And, that’s not all. During the final three years of the former President’s second term, the federal government was generating fiscal surpluses. Clinton was even confident enough to boldly claim, in his January 1996 State of the Union address, that “the era of big government is over.”

When it comes to the appropriate size of government, Clinton and Obama are polar opposites.