Tag: individual liberty

On July 4, Remember to Keep Your Republic!

As America celebrates its independence, even we foreigners who live here have much to celebrate. (I’m a Soviet-born naturalized Canadian who’s lived in the United States my entire adult life—finally got my green card three years ago—and like most immigrants, do a job Americans won’t: defending the Constitution.)

Indeed, those of us who voluntarily chose to come here very much appreciate all that native-born Americans take for granted: the rule of law, equality under the law, self-government whose very limitation protects liberty, freedom of speech and religion, property rights, and enforceable contracts. It is these things that have allowed the United States to become the land of opportunity—which is why it’s so heartbreaking when the rule of law is undermined, self-government debased, and individual liberty subverted such as has been the case throughout the entire ObamaCare debacle.

In this 225th year of the Constitution—Cato will celebrate the anniversary at our Constitution Day Symposium in September—we all need to remember that our founding document, the codification of that grand experiment in self-government which began on July 4, 1776, cannot protect our liberties if we do not act to enforce it. Benjamin Franklin explained that what the Framers has created was “a Republic, if you can keep it.” How do we keep it? A quote attributed to Thomas Jefferson is the perfect response: “The price of liberty is eternal vigilance.”

How will you demonstrate your vigilance? I’ll be doing so by speaking briefly about my favorite Federalist Paper, number 51 (“If men were angels…” at the Alexandria Tea Party’s Fourth of July Celebration. Hope to see you there, in person or in spirit!

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An Unprecedented Expansion of Federal Power

That’s how I describe the individual mandate in my contribution to SCOTUSblog’s online symposium on Obamacare, which Trevor Burrus has already highlighted.  Here’s an excerpt:

All the Obamacare legal challenges boil down to Congress’s authority – or lack thereof – to require people to buy private insurance.  Although unfortunately not dispositive of modern judicial decisions, the text of the Constitution demands that the Supreme Court strike down the individual mandate as an unconstitutional exercise of Congress’s power to regulate interstate commerce.  Finding the mandate constitutional would be the first interpretation of the Commerce Clause to permit the regulation of inactivity – in effect requiring an individual to engage in an economic transaction.

Moreover, upholding Obamacare would grant the federal government wide latitude to mandate that Americans engage in activities of its choosing.  An expansive holding here would fundamentally alter the relationship between the government and the people.  If the challenges fail, there will be no principled limits on federal power.

I go on to describe the current state of play at the appellate and outline what we can expect going forward, as well as providing links to useful resources on this issue.  Read the whole thing.

‘Gang of Six’ Plan Is Lousy

My colleague Dan Mitchell discussed the good, the bad, and the ugly in the deficit reduction plan released by the bipartisan group of senators known as the “Gang of Six.”  As Dan noted, the plan is more of an outline and a complete assessment isn’t possible until more details emerge. However, the fact that President Obama immediately embraced the plan ought to tell proponents of limited government all they need to know.

Here are some random thoughts on the plan:

  • There’s nothing impressive about the “immediate” $500 billion in deficit reduction. That figure includes revenue increases, so it’s not even $500 billion in spending cuts. And I’m not sure why they say “immediate” when they probably mean that the reductions would occur over the next several fiscal years. The deficit alone for next year will probably be at least $1 trillion.
  • The plan promises about $2.5 trillion in spending reductions over 10 years. As I’ve been pointing out, $2 trillion in spending cuts isn’t a lot when compared to the $46 trillion the government is projected to spend over the next decade. See this Cato video for more.
  • Tax reform is fine; more revenue for the government is not. Transferring more resources from the private sector to the government is a loser for both economic and individual liberty. In addition, the plan’s requirement that tax reform “maintain or improve the progressivity of the tax code” would result in more Americans viewing the federal government’s spending programs as a “free lunch.”
  • My anti-tax credentials are beyond question: I equate taxation with theft. But I don’t like debt-financed spending any more than I like tax-financed spending. Had anti-tax advocates and Republicans put the same amount of effort into restraining spending during the Bush/Republican Congress years as they did in cutting taxes, we might not be facing the prospect of a large tax increase today. Unfortunately, I see little evidence that that lesson has been learned.
  • The plan does almost nothing to rein in the scope of federal government’s activities. It doesn’t seem to matter which party or ideological faction on Capitol Hill releases a plan – conservatives, moderates, and liberals all apparently assume that the federal government should continue doing everything that it currently does. Generally speaking, Democrats want more tax revenue to maintain an expansive government. Republicans talk about smaller government, but only a handful can articulate exactly what programs or functions they’d eliminate. It’s more common to hear Republicans blubber on about “reducing waste, fraud, and abuse” in government programs and “saving” the pillars of the welfare state (Social Security and Medicare) for “future generations.”
  • Our global military presence would make a Roman emperor blush and our Founding Fathers roll over in their graves, but there’s nothing in this plan to suggest that the military-industrial complex faces any threat.

In sum, if you’re hoping that debt reduction will be brought about through a reduction in the federal warfare/welfare state, you’re going to have to wait for a different plan. And the sad truth is that no such plan is going to materialize anytime soon – at least not one that will get through Congress and signed by the president. But look on the bright side – we’re not Greece! Not yet.

Herman Cain and Individualism

Many political pundits have dismissed presidential hopeful Herman Cain as a long shot. However, coinciding with a Washington Post exclusive of the recently announced presidential candidate, a new IBOPE Zogby Interactive Poll shows Herman Cain, businessman and radio talk show host, edging out other leading GOP presidential candidates among Republican primary voters. Cain garnered 19% of vote, the plurality response, finally surpassing Governor Chris Christie who received 16% of the vote. A new Gallup poll shows Herman Cain with the leading Positive Intensity Score among potential GOP contenders at 25%, among those who recognize him. His name recognition has jumped from 21% in March to 37% in May.

Cain began receiving substantial media attention due to his popularity with the Tea Party; he recently won a Tea Party Patriots convention straw poll and has garnered 25% of voters most likely to vote for the Tea Party presidential candidate, with Chris Christie at 18%. In addition, GOP pollster Frank Luntz found Cain to be the winner of the first Republican presidential debate in the FOX News-sponsored focus group.

Cain’s recent popularity has brought to the forefront controversial statements he made earlier this year starting with an interview discussing the role of Muslims in American Society with ChristianityToday. ThinkProgress followed up with Cain during the Conservative Principles Conference in Des Moines, IA, asking him whether he would be comfortable appointing a Muslim to his Cabinet or as a federal judge. Herman Cain responded that he would not:

CAIN: No, I will not. And here’s why. There is this creeping attempt, there is this attempt to gradually ease Sharia law and the Muslim faith into our government. It does not belong in our government. This is what happened in Europe. … and now they’ve got a social problem that they don’t know what to do with hardly….I get upset when the Muslims in this country, some of them, try to force their Sharia law onto the rest of us.

In a subsequent Fox interview, Cain clarified his statement:

CAIN: …I did say no. And here’s why…I would have to have people totally committed to the Declaration of Independence and the Constitution of this United States, and many of the Muslims … are not totally dedicated to this country or our Constitution and many of them are trying to force Sharia law on the people of this country. …I don’t have time to be watching someone in my administration if they are not totally committed to the Declaration and the Constitution of the United States and the laws of this country.

Cain’s blanket condemnation of Muslims as generally unpatriotic is troubling. For starters, Cain’s view of Islam as a disqualification for public office runs contrary to the very Constitution that he claims to cherish: “no religious test shall ever be required as a qualification to any office or public trust under the United States.” (Constitution Article VI)

Second, Cain’s public statement of his prejudice—and the fact that such a statement is not widely condemned by both sides of the political spectrum—perpetuates stereotypes, increases religious tension, and contradicts the notions of freedom and individualism upon which this country was founded. People are more than the religion they profess. Individuals are a complex combination of environmental factors, choices, personal experiences, will, and culture. Prejudice such as Cain’s emphasizes the group over the individual. In a prejudiced society, individuals are not held accountable for their own actions, but instead are responsible for the actions of other members of the group with which they are identified—irrespective of the fact that these actions are entirely out of their control.

Individuals pursue their ambitions with hopes of happiness and success. Individuals face the costs and benefits of their decisions, and individuals take risks and reap the losses or rewards of those risks. Individualism unlocks an engine of innovation and prosperity, as people—as individuals—are incentivized and motivated to seek out new ventures. Collectivism in all its forms—from communism to racism—is antithetical to individualism and supplants an individual’s drive to better herself with a sense of hopelessness, since her opportunities are not determined by her own merits, but her group identity.

Cain’s remarks about Muslims are a regrettable perpetuation of religious stereotypes and an affront to the founding principles of this country. Such a worldview runs counter to the conditions under which opportunity and prosperity may flourish. Cain should have known better. More importantly, none of Cain’s Tea Party supporters—if they truly understand the principles behind the Declaration of Independence and the Constitution—should support such statements.

Tuesday Links

  • Shifting America’s focus away from individual liberty is waging war on the future, not winning it.
  • U.N. “authorization” is the Emperor’s new fig leaf for war with Libya.
  • Why are we fighting Mexico’s drug war?
  • David Boaz remembers Geraldine Ferraro, who helped advance the war against gender discrimination in politics.
  • Chris Preble eulogizes the Weinberger/Powell doctrine against the backdrop of the Libyan war:


Health Care Ruling a Victory for Federalism and Individual Liberty

Today’s ruling vindicates the constitutional first principle that ours is a government of delegated, enumerated, and thus limited powers. Like Judge Hudson in the Virginia case, Judge Vinson recognized that the individual mandate represents an unprecedented and improper incursion beyond those powers: the federal government, under the guise of regulating commerce, cannot require that people engage in economic activity.

And this is as it should be: if the only limit on congressional power were Congress’ own assessment of the wisdom of each assertion of such power, the Constitution would be obsolete – as would any conception of checks and balances. James Madison, the author of the Federalist Paper (51) explaining how man’s non-angelic nature requires explicit limits on those who govern, would spin in his grave. As even would Alexander Hamilton – perhaps the Framer most favorably disposed to strong central power – who cautioned that courts should not be in the business of evaluating the “more or less necessity” of a piece of legislation but rather define judicially administrable rules to guide (but also limit) Congress’s actions.

And so today’s ruling, in a lawsuit that now has 26 states as plaintiffs – with two others challenging the health care “reform” separately – represents the latest and most significant victory for federalism and individual liberty. This will not end until the Supreme Court has its say, but the tide is clearly running in freedom’s favor.

I will comment further once I’ve had a chance to read through the ruling.

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