Tag: George Will

Supreme Court Should Call Out Ninth Circuit in Education Case

Friend-of-Cato and 2010 Milton Friedman Prize Dinner keynote speaker George Will published an excellent column today about a case under review at the Supreme Court, Arizona Christian School Tuition Organization v. Winn:

The case concerns an Arizona school choice program that has been serving low- and middle-income families for 13 years. The state grants a tax credit to individuals who donate to nonprofit entities that award scholarships for children to attend private schools – including religious schools. Yes, here we go again.

The question – if a question that has been redundantly answered remains a real question – is whether this violates the First Amendment proscription of any measure amounting to government “establishment of religion.” The incorrigible 9th Circuit has declared Arizona’s program unconstitutional, even though there is no government involvement in any parent’s decision to use a scholarship at a religious school.

If this case hadn’t originated in a state within the Ninth Circuit’s jurisdiction, nobody would have heard about it because any other federal appellate court would probably have decided it correctly. Will correctly and convincingly argues for summary reversal – as our friends at the Institute for Justice, who represent the petitioners, request – because the Ninth Circuit’s decision ignores clear Supreme Court precedent allowing parents to choose how to direct state funds for their children’s education (to a sectarian school or otherwise):

So, [Chief Justice William] Rehnquist wrote [in 2002], public money “reaches religious schools only as a result of the genuine and independent choices of private individuals.” Therefore any “advancement of a religious mission” is merely “incidental” and confers “no imprimatur of state approval … on any particular religion, or on religion generally.” These standards had been developed in various prior cases.  

Cato filed a brief in this case that I previously blogged about.  And you can listen to Will’s Friedman Dinner address here.  (Unrelatedly, if you still haven’t read his masterful Men at Work: The Craft of Baseball – which has sold many more copies than any of his political books – pick up the re-issued twentieth anniversary edition.)

To ‘Control the Border,’ First Reform Immigration Law

The latest catch phrase in the immigration debate is that we must “get control of our borders” before we consider actually changing the current immigration law that has made enforcement so difficult in the first place.

In his Washington Post column yesterday, George Will wrote that “the government’s refusal to control [the U.S.-Mexican] border is why there are an estimated 460,000 illegal immigrants in Arizona and why the nation, sensibly insisting on first things first, resists ‘comprehensive’ immigration reform.”

On the other side of the political spectrum, Democrats in Congress this week unveiled the outlines of an immigration bill that would postpone any broader reforms, such as a new worker visa program or legalization of workers already here, until a series of border security “benchmarks” have been met.

Requiring successful enforcement of the current immigration laws before they can be changed is a non sequitur. It’s like saying, in 1932, that we can’t repeal the nationwide prohibition on alcohol consumption until we’ve drastically reduced the number of moonshine stills and bootleggers. But Prohibition itself created the conditions for the rise of those underground enterprises, and the repeal of Prohibition was necessary before the government could “get control” of its unintended consequences.

Illegal immigration is the Prohibition debate of our day. By essentially barring the legal entry of low-skilled immigrant workers, our own government has created the conditions for an underground labor market, complete with smuggling and day-labor operations. As long as the government maintains this prohibition, illegal immigration will be widespread, and the cost of reducing it, in tax dollars and compromised civil liberties, will be enormous.

We know from experience that expanding opportunities for legal immigration can dramatically reduce incentives for illegal immigration. In the 1950s, the federal government faced widespread illegal immigration across the Mexican border. In response, the government simultaneously beefed up enforcement while greatly expanding the number of workers allowed in the country through the Bracero guest-worker program. The result: Apprehensions at the border dropped by 95 percent. (For documentation, see this excellent 2003 paper by Stuart Anderson, a Cato adjunct scholar and executive director of the National Foundation for American Policy.)

If we want to “get control” of our border with Mexico, the smartest thing we could do would be to allow more workers to enter the United States legally under the umbrella of comprehensive immigration reform. Then we could focus our enforcement resources on a much smaller number of people who for whatever reason are still operating outside the law.

George Will on Judicial Activism

George Will offers conservatives a useful reminder about “judicial activism” and what the Supreme Court ought to be doing:

Conservatives spoiling for a fight should watch their language. The recent decision most dismaying to them was Kelo (2005), wherein the court upheld the constitutionality of a city government using its eminent domain power to seize property for the spurious “public use” of transferring it to wealthier interests who will pay higher taxes to the seizing government. Conservatives wish the court had been less deferential to elected local governments. (Stevens later expressed regret for his part in the Kelo ruling.)

The recent decision most pleasing to conservatives was this year’s Citizens United, wherein the court overturned part of the McCain-Feingold campaign finance law. The four liberal justices deplored the conservatives’ refusal to defer to Congress’s expertise in regulating political speech.

So conservatives should rethink their rhetoric about “judicial activism.” The proper question is: Will the nominee be actively enough engaged in protecting liberty from depredations perpetrated by popular sovereignty?

George Will and Drug Decriminalization

George Will’s latest column takes a look a drug policy and the views of the new drug czar, Gil Kerlikowski.  Notably, Will mentions Portugal’s experience with decriminalization of all drugs since 2001 and says Kerlikowski is aware of the Portuguese policy as well.  Cato published a report on Portugal’s drug policy in April and the author, Glenn Greenwald, discussed his findings at a Cato policy forum here.  George Will’s shifting views on drug policy (toward liberalization) reflect the shifting views of other conservative pundits and the public more generally.

Will appeared on ABC on Sunday, and discussed his views on drug policy. Watch:

For more Cato work on drug policy, go here, here, and here.

Curbing Free Trade to Save It

In the latest example of “We had to burn the village to save it” logic, Sen. Sherrod Brown (D-OH) argues in a letter in the Washington Post this morning that the way to “support more trade” in the future is to raise barriers to trade today.

Brown criticizes Post columnist George Will for criticizing President Obama for imposing new tariffs on imported tires from China. Like President Obama himself, Brown claims that by invoking the Section 421 safeguard, the president was merely “enforcing” the trade laws that China agreed to but has failed to follow. He scolds advocates of trade for talking about the “rule of law” but failing to enforce it when it comes to trade agreements. Brown concludes, “If America is ever to support more trade, its people need to know that the rules will be enforced. And Mr. Obama did exactly that.”

Nothing in U.S. trade law required President Obama to impose tariffs on imported Chinese tires. As my colleague Dan Ikenson explained in a recent Free Trade Bulletin, Section 421 allows private parties to petition the U.S. government for protection if rising imports from China have caused or just threaten to cause “market disruption” to domestic producers. If the U.S. International Trade Commission recommends tariff relief, the president can decide to impose tariffs, or not.

The law allows the president to refrain from imposing tariffs if he finds they are “not in the national economic interest of the United States or … would cause serious harm to the national security of the United States.”

As I argue at length in my new Cato book Mad about Trade, trade barriers invariably damage our national economic interests and weaken our national security, and the tire tariffs are no exception. If the president had followed the letter and spirit of the law, he would have rejected the tariff.

And since when is causing “market disruption” something to be punished by law? Isn’t that what capitalism and market competition are all about? New competitors and new products are constantly disrupting markets, to the discomfort of entrenched producers but to the great benefit of the general public and the economy as a whole.

Human beings once widely practiced an economic system that minimized market disruption. It was called feudalism.

C/P Mad About Trade

David Brooks Is Confused about Counterinsurgency

brooksWould you buy a state-building mission from this man?

Today David Brooks (in the role of Teddy Roosevelt) debates George Will (as Edmund Burke) on the subject of Afghanistan without citing him.  This debate marks a high point of conservative politics where neoconservative ideology appears in concrete clarity.

First, Brooks makes clear that he is not interested in merely managing the problem of terrorism, but rather in “prevailing” in the war in Afghanistan.  He argues that “only the full counterinsurgency doctrine offers a chance of success,” but then proceeds to absurdly define population-centric counterinsurgency doctrine as one in which “small groups of American men and women are outside the wire in dangerous places in remote valleys, providing security, gathering intelligence, helping to establish courts and building schools and roads.”

Either Brooks is being cute here or demonstrating his ignorance.  With one word — “small” — Brooks has utterly mischaracterized what counterinsurgency is all about.

Population-centric counterinsurgency is all about large numbers of American men and women, not small numbers.  The promoters of COIN in Afghanistan have recently taken to including the Afghan National Army in the count of counterinsurgents, but the textbook — and as a result, obviously oversimplified — number of counterinsurgents you’d want in a place with a population, dysfunctional national government, and geography like Afghanistan pushes well up to around half a million.  It is an extraordinarily resource- and labor-intensive endeavor.  If you don’t believe me, perhaps you’ll take David Petraeus or David Kilcullen as authorities on the matter.

Brooks pushes his argument further, declaring that we possess only two choices in Afghanistan: “surrender the place to the Taliban or do armed nation-building.”  One paragraph later, Brooks writes of the fight against terrorism that “we shouldn’t pretend we understand how this conflict will evolve.”  That Brooks does not recognize the conflict between these views is telling.  See Rory Stewart for more on the swashbuckling certainty like what Brooks is displaying.

Then Brooks borrows from Stephen Biddle the claim that we must conduct a counterinsurgency campaign in Afghanistan not because of the war on terrorism in that country per se, but rather because:

A Taliban conquest in Afghanistan would endanger the Pakistani regime at best, create a regional crisis for certain and lead to a nuclear-armed Al Qaeda at worst.

This is really cranking it up to 11 on the hyperbole meter.  We may recall that in the 1990s when the Taliban was running Afghanistan, Pakistan was arguably more stable than it is today.

In closing, Brooks wheels out a straw man:

When you interview people who know little about Afghanistan, they describe an anarchic place that is the graveyard of empires. When you interview people who live there or are experts, they think those stereotypes are rubbish. They usually take a hardened but guardedly optimistic view. Read Clare Lockhart’s Sept. 17 testimony before the Senate Foreign Relations Committee to get a sense of the way many knowledgeable people view the situation.

It is curious to hear David Brooks refer to a large number of people who agree with him on policy as “people who know little about Afghanistan.”  Like Gen. PetraeusSeth JonesAnthony Cordesman.  I could go on.

Brooks then undermines his case that the Taliban would certainly be able to set up a national government if we left by admitting that “the enemy is wildly hated. Only 6 percent of Afghans want a Taliban return, while NATO is viewed with surprising favor.”  Even for thugs like the Taliban, having a 6 percent approval rating, men like Rashid Dostum and Gulbuddin Hekmatyar running around your country, and the United States poking its nose in regularly looks a lot darker than Brooks makes it out.

There’s more in the piece, but combined with Will’s piece, it’s a peek through the keyhole where you can see the warring tribes within conservatism thrashing it out.

Update: I was also interested to see the argument Brooks made on behalf of a study I had not read by political scientists Andrew Enterline and Joseph Magagnoli. But Stephen Walt observes that on this score too Brooks is misinforming his readers.

The Tire Tariff and the Invertebrate President: A Fable

Anyone still inclined to minimize the meaning of President Obama’s Chinese tire tariff decision should read George Will’s column today.

It is not only the direct costs of this particular decision, which are numerous and tallied in the article (and in this paper), that should concern us. Will’s bigger concern is the foreshadowing of more protectionism from a president who has proven to have no qualms about looking straight into other people’s eyes and claiming that his administration opposes protectionism, favors free trade, and is working to advance pending trade agreements through Congress, all while remaining “invertebrate as he invariably is when organized labor barks.”

Is this a sign of schizophrenia? No, it’s worse. What we have here is a president who views trade policy as nothing more than a tool to advance his own political standing with groups that are hostile to commerce. Since groups on the left have grown disenchanted that some of the most socialist elements of the health care debate might be left on the cutting room floor, why not try to placate them with anti-business, anti-consumer, anti-globalization protectionism? Will makes the link between tire tariffs and the health care debate in his concluding sentence.

A president who fancies himself economically enlightened and internationalist would treat trade policy as a means to promoting economic growth and sound foreign relations. This president, regrettably, views trade policy as a sacrificial pawn in the service of politics as usual.