Tag: compromise

2011 Budget Battle in Perspective

Today the Cato Institute placed an ad in major newspapers highlighting specific spending cuts that policymakers should make to restore our country’s fiscal sanity and economic stability. Our public call for policymakers to demonstrate leadership on spending cuts comes in the midst of the on-going battle on Capitol Hill over funding the government for the remainder of fiscal 2011.

A graphic at the top of the ad measures the $61 billion in cuts that Republicans have proposed against fiscal 2011 estimates for total spending, the deficit, and interest on the debt. As the graphic shows and the ad notes, it is clear that “leaders and members of both parties are in deep denial about the fiscal emergency we face.”

There are news reports that Republican and Democrat negotiators are heading toward a compromise figure of $33 billion in spending cuts. Let’s put that figure in perspective alongside the GOP’s original proposal to cut a whopping $61 billion:

Record spending levels…trillion dollar plus deficits…mountainous debt…a weak economy…

What, Congress worry?

A Contrarian Cheer for Twombly

My new article, Procedure’s Ambiguity (now up on SSRN and also available here) is a rare bird in the world legal scholarship: it defends the Supreme Court’s much-reviled pleading decisions, Bell Atlantic v. Twombly and Ashcroft v. Iqbal.

It is, in fact, a rare bird even in the small world of articles defending Twombly and Iqbal. Others claim these cases, by directing lower courts to dismiss implausible claims, will deter frivolous suits, save judicial resources, and the like. I find these defenses, while plausible, too speculative and take a very different tack–one that builds on the growing literature on so-called “pluralist” approaches to interpretation. Judicial pluralists favor interpreting ambiguous statutes in ways that mimic approaches to which interest groups would, hypothetically, agree. And Twombly and Iqbal, I argue, are cases after judicial pluralists’ own hearts: They reflect a fair compromise—one, I argue, that mimics the bargain different groups with a stake in procedural rulemaking would, if given the chance, reach among themselves.

Wednesday Links

  • Idea of the day: Repeal the 16th Amendment, which  gives Congress the power to lay and collect taxes. Replace it with an amendment that requires each state to remit to the federal government a certain percent of its tax revenue.
  • Economist Richard Rahn on the necessity of failure in the market: “When government becomes a player and tries to prevent the failure of market participants, its decisions are almost invariably corrupted by the political process.”
  • Read up on Goodwin Liu, Obama’s nominee for a seat on the 9th Circuit Court of Appeals: “Liu’s confirmation would compromise the judiciary’s check on legislative overreach and push the courts not only to ratify such constitutional abominations as the individual health insurance mandate but to establish socialized health care as a legal mandate itself.”
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ObamaCare Will Include Taxpayer-Funded Abortions

According to MSNBC, Democratic leaders have given up on trying to appease pro-life House Democrats:

House leaders have concluded they cannot change a divisive abortion provision in President Barack Obama’s health care bill and will try to pass the sweeping legislation without the support of ardent anti-abortion Democrats.A break on abortion would remove a major obstacle for Democratic leaders in the final throes of a yearlong effort to change health care in America. But it sets up a risky strategy of trying to round up enough Democrats to overcome, not appease, a small but possibly decisive group of Democratic lawmakers in the House…

Democratic Rep. Henry Waxman of California, chairman of the Energy and Commerce Committee…predicted some of the anti-abortion lawmakers in the party will end up voting for the overhaul anyway.

Pro-life Democrats will vote for taxpayer-funded abortions?  Without even a fig leaf of a compromise?

School Choice, Realpolitik, & Brookings

Jay Greene has responded to my review of the new Brookings Institution school choice report which he co-authored, raising a crucial issue for the education policy and research communities. Jay points out that the report is a work of realpolitik rather than scholarship, and as such contends that it must find a compromise between the policies best supported by the evidence and those that have a real chance of being implemented. He makes the related argument that incrementalism is the only realistic path to success.

I agree with Jay that it’s good for analysts to find ways of improving current policy even when the ideal policies are not politically feasible. But these realpolitik recommendations must be clearly distinguished from the ideal policies themselves. Analysts should report both viable compromise reforms AND ideal policies, explaining to policymakers the likely costs and risks associated with the compromises–the reasons why they are inferior. Failing to do this leads to two serious problems:

First, presenting only the compromises robs the public and its elected representatives of crucial information, making it more difficult to build support for the ideal policies and leading to guilt by association when the compromise policies prove disappointing for reasons that should have been – but were not – clearly laid out in advance.

Second, when analysts don’t present their ideal policies and the evidence (if any) on which they are based, there is no way for the public or policymakers to judge the wisdom of their realpolitik compromise recommendations. This is particularly problematic when the analysts’ recommendations conflict with what the available evidence shows to be ideal policy.

As to the need for incrementalism in U.S. policy reform, the evidence is not entirely one-sided. The Emancipation Proclamation did not give slaves a 50 percent share in themselves, rising gradually to 100 percent over time. When women won the franchise, it was not at a discounted rate – one female vote equal to 1/3 or 1/2 of a male vote. They won the right to vote outright. Prohibition was not undone gradually, with beverage categories being re-legalized in order of alcohol content.  I’m sure we could think of other major policy shifts in U.S. history that were not incremental.

In all of the above cases, major social movements were necessary to win the day, and if scholars and advocates who knew better had championed only half-measures instead of the policies they knew to be right, it surely would have delayed the eventual victories. Scholars who know what kind of school choice is necessary to best serve children should clearly advocate such policies, especially in any context in which they also offer any interim recommendations they deem more politically feasible. 

And even if we grant, for the sake of argument, that all school choice policies must be incremental, there are incremental policies already in existence that are highly consistent with ideal policy. Existing scholarship donation tax credits such as those in PA, FL, RI, etc., and personal use education tax credits such as those of Illinois and Iowa, are expanding organically over time. Eventually, as that expansion continues, they could be combined and thus ensure universal access to the education marketplace without needing to impose regulations on private schools that the research shows to be intrusive and counterproductive. By contrast, it is hard to see how introducing federal regulation of virtual schools (a Brookings Report recommendation) moves us close in the direction of the minimally regulated parent-driven markets supported by the evidence.

So, yes, let’s be realistic in our policy recommendations, but let’s also be clear about the ideal policies indicated by the empirical evidence, so that policymakers and the public hear a consistent message about where we need to go.