My latest podcast, “IPAB: ObamaCare’s Next Constitutional Hurdle.”
My latest podcast, “IPAB: ObamaCare’s Next Constitutional Hurdle.”
Last week, I appeared on NPR’s Tell Me More program. My discussion with host Michel Martin gives a good synopsis of why ObamaCare is both harmful to consumers and unconstitutional. Listen to the segment here.
For a contrary perspective, listen to former Obama administration acting solicitor general Neal Katyal, who appeared on the program the next day. If you do listen to both programs, let me know what you think about Katyal’s comments, specifically this part:
MARTIN: First, I want to play a short clip from Michael Cannon of the Cato Institute who spoke to us yesterday as we said. This is a little of what he told us. Here it is.
MICHAEL CANNON: If the Supreme Court were to uphold this unprecedented and really breathtaking assertion of government power, there would be nothing to stop the Congress from forcing Americans to purchase any private product that Congress chose to favor. That could be a gym membership. That could be stock in Exxon Mobil. That could be broccoli if Congress decided that any of these products move in interstate commerce and that forcing you to buy it was essential to the regulatory scheme they wanted to enact.
MARTIN: What is your response to that?
KATYAL: Well, I mean, that’s a lot of rhetoric and not really a legal argument because it’s not responsive to what the government is asking for here. What the government is saying is, look, everyone consumes healthcare in this country, you and I. And, you know, even if I might say to myself, I don’t need health insurance. I won’t get sick. The fact is, as human beings with mortality, we are going to get sick and it’s unpredictable when.
You could get struck by a heart attack or cancer or hit by a bus and wind up in the emergency room and then it’s average Americans who have to pick up the tab for that. And so the government is not saying here we have the power to force people to buy goods. They’re saying, look, you’re going to already buy the goods. You’re going to use it. And the only question is, are you going to have the financing now to pay for it.
And so the government is regulating financing. It’s kind of like a government law that says you’ve got to pay cash or credit. It’s not the government coming in and saying, oh, consume this product you wouldn’t otherwise consume. And as for the kind of, you know, ludicrous suggestion that this would somehow lead to the government forcing people to eat broccoli or the like, I mean, I would think that someone from the Cato Institute would know that the Bill of Rights and the privacy protections in the constitution would protect against such drastic hypotheticals.
Now, I’ve been at this for a while. I’ve seen people evade uncomfortable questions and mischaracterize things I’ve said. But for some reason, this instance really surprised me. Maybe Katyal was nervous.
Democrats and the left will squeal that Paul Ryan’s budget proposal is a massive threat to the poor, the sick, the elderly, etc, etc. It’s baloney, but a part of me thinks that he might deserve it. Why? Because the excessive rhetoric employed by the left to criticize lower spending levels for domestic welfare programs isn’t much different than the excessive rhetoric Ryan uses to argue against sequestration-induced reductions in military spending. For instance, Ryan speaks of the “devastation to America’s national security” that sequestration would allegedly cause. (See Christopher Preble’s The Pentagon Budget: Myth vs. Reality).
Now I’m sure that I’ll receive emails admonishing me for failing to recognize that the Constitution explicitly gives the federal government the responsibility to defend the nation while the constitutionality of domestic welfare programs isn’t quite so clear. Okay, but what are Ryan’s views on the constitutionality of domestic welfare programs?
At the outset of Ryan’s introduction to his plan, he quotes James Madison and says that the Founders designed a “Constitution of enumerated powers, giving the federal government broad authority over only those matters that must have a single national response, while sharply restricting its authority to intrude on those spheres of activity better left to the states and the people.” That’s nice, but then he proceeds to make statements like this:
But when government mismanagement and political cowardice turn this element of the social contract into an empty promise, seniors are threatened with denied access to care and the next generation is threatened with a debt that destroys its hard earned prosperity. Both consequences would violate President Lyndon B. Johnson’s pledge upon signing the Medicare law: ‘No longer will older Americans be denied the healing miracle of modern medicine…No longer will young families see their own incomes, and their own hopes, eaten away simply because they are carrying out their deep moral obligations to their parents, and to their uncles, and their aunts.’ To fulfill Johnson’s pledge in the 21st century, America’s generations-old health and retirement security programs must be saved and strengthened.
Social contract? Well, so much for those enumerated limits on federal power.
Ryan’s “Statement of Constitutional and Legal Authority” only cites Congress’s general power to tax and spend. Based on the contents of his proposal, which would do little to rein in the federal government’s scope, one could conclude that Ryan’s view of federal power is almost as expansive as that of his Democratic colleagues. Yes, Ryan would reduce the size of government by reducing federal spending as a percentage of GDP. But as I often point out, promises to reduce spending in the future don’t mean a lot when you have a federal government that has the ability to spend money on pretty much any activity that it wants. And under Ryan’s plan, the federal government would be able to continue spending money on pretty much any activity that it wants.
House Budget Committee chairman Paul Ryan (R-WI) has introduced his annual budget blueprint. The plan will likely pass the House but won’t become law this year.
However, the plan signals the direction that House Republicans want to go in budget battles with the Democrats this year, and it also shows the likely thrust of policy under a possible Republican president next year.
Here are a few highlights:
In sum, Ryan’s proposals would make modest reforms to the giant federal welfare state. By Washington standards the Ryan plan is bold, and Paul Ryan certainly deserves his reputation as the sharpest and most energetic budget reformer on Capitol Hill.
However, there is too much happy talk in the Ryan plan about how failed big-government programs can be made to work better, and not enough focus on terminating activities that are properly state, local, and private in nature.
P.S. I think my budget-cutting plan is a better one.
The federal government gave a $10 million “affordability” prize to a giant corporation for manufacturing a $50 lightbulb. The Washington Post:
The U.S. government last year announced a $10 million award…for any manufacturer that could create a “green” but affordable light bulb.
Energy Secretary Steven Chu said the prize would spur industry to offer the costly bulbs…at prices “affordable for American families.”…
Now the winning bulb is on the market.
The price is $50.
Retailers said the bulb, made by Philips, is likely to be too pricey to have broad appeal. Similar LED bulbs are less than half the cost.
Over the past few weeks, a number of pernicious myths have popped up regarding the Pentagon’s budget. Here I want to dispel these myths with an exhaustive, and exhausting, look at the details. The charts below, compiled with my colleague Charles Zakaib, should help.
The President’s Budget officially requests $613.9 billion for the Pentagon FY 2013, broken down between $525.4 billion in the Pentagon’s base budget, and another $88.5 billion for Overseas Contingency Operations (OCO)—mainly the war in Afghanistan. This compares to a base budget and OCO of $530.5 billion and $115.1 billion, respectively, for FY 2012. (For other good overviews, see Chris Hellman’s analysis for the National Priorities Project; and Carl Conetta’s “Keeping Pentagon Cuts in Perspective” [.pdf] for the Project on Defense Alternatives).
There are, however, other costs in the budget that should be lumped under the rubric of national defense. For starters, there is about $33 billion in the non-Pentagon portion of what is official classified as “national defense.” Aside from the Pentagon and the wars, that includes the cost of the nation’s nuclear weapons (chiefly within the Department of Energy), and some mandatory spending not captured in the DoD base budget and OCO figures shown above. That brings requested defense spending to $647.4 billion. In addition, as Winslow Wheeler of the Center for Defense Information points out, the Obama administration has requested $137.7 billion for Veterans Affairs, and $46 billion for homeland security (that’s a government-wide total compiled by the Office and Management and Budget, excluding the defense portion). Wheeler also points to another $29.4 billion in military retirement and DoD retiree health care costs (these show up under budget functions 550, 650, and 950). All the items above total about $860 billion.
Americans likely spend even more on things loosely connected to national security. For example, there might be some additional intelligence spending that is not captured in the above numbers. Wheeler suggests that we should also count the International Affairs budget ($69.8 bn), and the DoD’s portion of interest on the debt ($63.7 bn). According to Wheeler’s calculations, the actual “defense” budget proposed for 2013 weighs in at a whopping $994.3 billion.
In the charts below, however, I have chosen to focus solely on the Pentagon’s base budget, excluding the wars, and the various other costs mentioned above that are not counted under the “National Defense” budget function (aka 050 for budget geeks).
Chart 1 shows different baseline projections for DoD spending, beginning with President Bush’s final budget in FY 2009 (the dark red line). All are shown in constant 2012 dollars. The President’s Budget for FY 2013, the bright pink line, will average $517 billion over the next decade. The ten-year projections from his earlier budget requests for FY 2011 and FY 2012 are shown as dark blue and light blue, respectively. The dark green line shows the budget levels dictated by the sequestration provisions of last year’s Budget Control Act.
At first glance, the changes appear to be quite significant. The administration claims that its budget achieves $486.9 billion in savings by 2021, but that is in nominal dollars, and measured against the FY 2012 baseline. By my calculations, the gap between the top line shown in the chart (FY 2011) and the most recent request accumulates to $667 billion in real, inflation-adjusted savings over nine years.
Either way, it looks as though a lot of money has been shaved off the budget. Taxpayers and deficit hawks should be pleased. The “defending defense” crowd is appalled.
But there is less here than meets the eye (or more, depending on your perspective). The following three charts show how the Pentagon’s base budget compares to the past 15 years, and the past 35 years. In all cases, the figures are shown in constant, FY 2012 dollars.
The first shows that the Pentagon’s budget, according to the Obama administration’s projections, will average $517 billion over the next decade, slightly more than what we spent in 2008 ($511 bn), and 38 percent more than we spent in 1998 ($375 bn).
The second chart below displays the new projections in a wider historical context, going all the way back to 1976. We spent, on average, $523 billion during the Reagan Era (1981-1990).
Finally, I have included one chart that shows all of these figures, from 1976 to 2022 against a Y-axis starting at $0. Starting the axis at $300 billion (as I have done in the other charts in order to differentiate the projected baselines) can produce the visual effect of apparent sharp increases or declines, when in fact most of these have been quite modest.
The bottom line? People may disagree about whether national security threats are more urgent today, and therefore require much more money than we spent in the 1980s to defeat the Soviet Union. For my part, I have long argued we are vastly safer than we were a generation ago. But it isn’t accurate to say that the Pentagon’s budget has been gutted or cut to the bone.
That quote from a local government official in California sums up why banning earmarks won’t do much to rein in the size and scope of the federal government. The quote comes from a McClatchy Newspapers article on lobbying expeditions to Washington undertaken by local government officials who want federal taxpayers to pick up the tab for projects in their backyards.
From the article:
[Fresno County supervisor Henry] Perea has joined 19 other Fresno County business, academic and political leaders in this week’s three-and-a-half day lobbying venture on behalf of transportation and other projects. Separately, a four-member delegation from the Merced County city of Livingston also is on the prowl.
Billed under the unifying ‘One Voice’ banner, the Fresno County wish list ranges from a transportation bill that might help improve State Route 99 to assistance with controlling air pollution and streamlining environmental reviews for roadwork…
Underscoring the potential regional competition, four representatives from Livingston are separately making the rounds this week in their own search for federal assistance.
‘We want to hit up some congressmen,’ Livingston Mayor Rodrigo Espinoza said Monday.
Federal grants, too, are part of the Livingston delegation’s agenda, with city officials targeting a variety of potential opportunities, including funding, to help nurture a downtown cultural arts district.
If local officials in Livingston want funds for a cultural arts district, then they should be traveling around Livingston “hitting up” local taxpayers to pay for it. But with “billions of dollars” available in Washington, why would Livingston officials take the politically unpleasant route of asking their voters to foot the bill? Of course, federal policymakers are typically only too happy to oblige because they’ll get to attend the ribbon cutting ceremony and brag about their ability to bring home the bacon. Meanwhile, the federal taxpayer continues to get soaked, the government’s debt mounts, and the Beltway Neros fiddle.
Bring home the bacon? But isn’t there an earmark ban? There is, but the programs that policymakers were earmarking money from still exist. That means that the federal dollars continue to flow; the only thing that changed is the course of the river. An earmark ban is good, but as I’ve repeatedly discussed, earmarks are only a symptom of the problem.
So let me make a suggestion to reporters: the next time you’re interviewing a federal policymaker who supports keeping the ban on earmarks, ask them if their staffers are helping the folks back home obtain federal grants, loans, etc. When they respond in the affirmative but argue that they’re merely making sure that their constituents receive their “fair share” of the loot, ask them how the federal government is supposed to get its finances in order if policymakers won’t stop putting parochial concerns ahead of the national interest. You might have to keep pressing, but eventually the hypocrisy will expose itself.
See this Cato essay for more on federal subsidies to state and local government.
This work by Cato Institute is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License.