Tag: Constitution

Getting Cato - and Fed Ed Policy - Right

I want to thank Kevin Welner for giving the Cato Institute’s education people some pub, and I’m heartened that he thinks our ideas have a lot of influence with the Romney folks. As far as I can tell, though, they don’t. Why? Because if they did, Gov. Romney wouldn’t be offering federal open-enrollment, voucher, or even “neovoucher” proposals. He would be calling to get the federal government out of education, which is exactly what I and my colleagues have long advocated.

Do we like school choice? Absolutely, because logic and mounds of evidence strongly suggest that it works. But that does not mean we want the federal government to impose or “incentivize” it.

There are myriad reasons for this, even though it requires resisting the powerful temptation to have the federal government impose a policy we like in one fell swoop rather than going through the hard work of having individual states and districts adopt it.

First and foremost, we oppose federal involvement because the Constitution doesn’t give Washington authority to meddle in education outside of its 14th Amendment duty to prohibit state and district discrimination, and its jurisdiction over federal lands and DC itself. To press for what we know to be unconstitutional just because it would be politically easy would be to subvert the very rule of law, that which protects us from the arbitrary – and as the Founders understood, very dangerous – rule of men.

But the reasons for keeping Washington at bay are not simply legal or to avoid an oppressive dictatorship.

The fact of the matter is that no one person or group of people – even those of us at Cato’s Center for Educational Freedom – are omniscient, or even close to it. There are lots of things we don’t know, and we all make mistakes. That’s why it is never wise to give broad authority to a central government, even if it is utterly benevolent. If it does something wrong everyone goes down, and the human tendency is to do lots of wrong things. It is this understanding that backs the “laboratories of democracy” concept of states. Individual states can try different ideas, but others are free to steer clear of those that fail and run with those that work.

But aren’t state governments and districts prone to the same human failings as Washington, not to mention the same special-interest driven politics, misalignment of political and educational incentives, etc.?

They certainly are, which is why education policy people at Cato support school choice generally and education tax credits – which crucially do not involve public money – specifically. Given the numerous reasons that government fails, as well as the need for the specialization, competition, and innovation that government quashes, we understand that education would work much more effectively if government didn’t control the schools. But it is far better to let fifty states control their own education systems – including getting to experiment with their own school-choice delivery mechanisms – than to empower the central government to dictate one policy for all.

Yes, education analysts at Cato like school choice. But we’re also big fans of federalism and the Constitution, and when it comes to federal policy those things must come first.

C/P from the National Journal’s “Education Experts” blog.

States Should Flatly Refuse to Create ObamaCare Exchanges (New Cato Video)

This new Cato Institute video explains why it is in no state’s interest to create an ObamaCare Exchange.

Many thanks to Cato’s very talented Caleb O. Brown and Austin Bragg.

For the more-words-no-pictures version, click here or here. For a word about ObamaCare profiteers the pro-Exchange lobby, click here. Click here to read about what is happening in the states.

How to Tell When ObamaCare Takes a Beating in the Kaiser Poll: the Headline Is about Something Else

Consider these charts from the latest Kaiser Family Foundation tracking poll, released today.

Even when pollsters tell the public that ObamaCare is “reform,” the public still doesn’t like it.

ObamaCare’s slip in this month’s poll is the result of a simultaneous drop in support among both Democrats and Independents.

The people who hate ObamaCare are really, really angry. And they are not going away.

The following shares of voters believe ObamaCare will either be of no use or will be harmful to the following groups: children (47 percent), young adults (51 percent), women (50 percent), the country as a whole (55 percent), themselves and their families (68 percent).

Bear in mind, ObamaCare has always fared better in the Kaiser tracking poll than other polls.

Stop Using Slippery-Slope Arguments? Where Would that End?

Richard Thaler writes in the New York Times:

Justice Scalia is arguing that if the court lets Congress create a mandate to buy health insurance, nothing could stop Congress from passing laws requiring everyone to buy broccoli and to join a gym…Can anyone imagine Congress passing a broccoli mandate law, much less the court allowing it to take effect?

Yes annnnd…yes. Next question.

Surely, the justices have the conceptual resources to draw a distinction between the health care market and the market for broccoli. And even if they don’t, then all the briefs, the zillions of blog posts and a generation’s worth of economic literature can help them.

If drawing a constitutionally meaningful distinction between the markets for health insurance and broccoli is child’s play for Thaler, he should school all the brief- and blog-post-writers who so far have failed. That would have been a more productive use of his thousand words than his build-up to this thesis:

If you are opposed to a policy, state your case based on the merits — not on the imagined risk of what else might happen down the road. The path of that road is so unpredictable that it may even produce a U-turn.

Good grief. Slippery-slope arguments are about principles. As in, “If you concede this principle because you don’t mind the result here, you will no longer have it to protect you against that bad result there.” Thaler’s thesis would lead, for example, to all manner of civil-liberties violations by the state because there simply isn’t enough political support to protect all the civil liberties of various minorities. But Thaler doesn’t want us to think about things like consequences or the future.

The potential for U-turns makes no more sense as an argument against invoking slippery slopes principles, because principled arguments can help generate the U-turn that opponents of, say, ObamaCare want to see.

I take silly arguments like this to be evidence that ObamaCare supporters are in complete panic mode.

Gov. Christie Vetoes ObamaCare Exchange — ‘At This Time’

Today, New Jersey Gov. Chris Christie (R) became the latest governor to throw sand in the gears of ObamaCare, issuing an eleventh-hour veto of a bill to create an ObamaCare Exchange in New Jersey. An excerpt from his veto message:

While I am unwilling to approve the establishment of a statewide health insurance exchange at this time, I am mindful that the requirements of the Affordable Care Act still stand today and I intend to fully oversee New Jersey’s compliance in a responsible and cost-effective manner should its constitutionality ultimately be upheld by the Supreme Court… My Administration will continue this work and stands ready to implement the Affordable Care Act if its provisions are ultimately upheld.

Christie suggests he isn’t yet convinced that Exchanges are per se harmful. He also seems to suggest that if the Supreme Court upholds the law, creating an Exchange might be the best course for the state and that refusing to do so would put the state out of compliance with federal law–neither of which is true. But the veto message contains enough wiggle room for Christie to come out hard against any future ObamaCare Exchange.

Here’s hoping the Supreme Court renders all of this moot.

Did You Read the Federalist Papers in College? Grad School? Law School?

In the Wall Street Journal, Peter Berkowitz says you probably didn’t. And it shows:

It would be difficult to overstate the significance of The Federalist for understanding the principles of American government and the challenges that liberal democracies confront early in the second decade of the 21st century. Yet despite the lip service they pay to liberal education, our leading universities can’t be bothered to require students to study The Federalist—or, worse, they oppose such requirements on moral, political or pedagogical grounds. Small wonder it took so long for progressives to realize that arguments about the constitutionality of ObamaCare are indeed serious.

Explains a lot, really.

Alabama Gov. Vows to Veto ObamaCare Exchange

According to WSFA-12 News, Alabama legislators are working on legislation to create an ObamaCare Exchange. But:

Governor Robert Bentley [R] will likely veto the bill.

“This legislation is premature.  The federal government has yet to establish clear guidelines for a health insurance exchange,” said Deputy Communications Director Jeremy King, in a statement to WSFA 12 News.  “Also, the federal government has extended some deadlines for putting an exchange together.  Plus, the U.S. Supreme Court has not yet ruled on the constitutionality of the federal health care law.   If Supreme Court justices strike down the law as the Governor hopes they will, there will be no need for such an exchange.  Either way, there is no need to establish an exchange at this point,” the statement went on to say.

“Doing so without clear guidance from Washington would simply be a guessing game.  Also, there would still be time in the 2013 session to set up an exchange if the law is upheld.  If this legislation is approved in the current session, a veto can be expected.”

Full story and video here.