Tag: New York Times

A Debate About Troops

The United States will begin drawing down troops in Afghanistan this July. The White House is desperately trying to seize the narrative of the withdrawal claiming that the cuts will be “real” even as Defense Secretary Robert Gates is arguing for the opposite.

This week, the New York Times revealed that some in President Obama’s national security team are seeking steeper reductions, particularly after the death of Osama bin Laden and the increasing costs of the war.

Steeper reductions are certainly warranted. A limited counterrorism mission must be on the table.

The president will try to claim credit for keeping his pledge to reduce the U.S. troop presence, but when we consider that there are three times as many troops in Afghanistan today compared to when Obama took office, a reduction of 3,000-5,000 (out of the roughly 100,000 U.S. troops there) won’t mean much.

Another fold in the Times story is that Secretary Gates and top military commanders in the field are arguing for gradual cuts—not steep reductions. Let’s remember last summer’s Rolling Stone article that profiled the now retired four-star U.S. Army Gen. Stanley McChrystal. He was asked to leave because he made comments that undermined civilian control of the military. Today, albeit in a far less severe manner, military commanders are walking the line of advocating a direction in policy that is at odds with civilians officials.

This underscores a far deeper problem with military policymaking: who controls what exactly?

What Obama decides on for reduction in groundtroops—a token withdrawal or steeper cuts—will partly reflect how confused the Constitutional roles and chain of command has become in the conduct of war.

Cross-posted from The National Interest.

Does Scholar Self-Interest Corrupt Policy Research?

The New York Times recently ran a story portraying the Gates Foundation as the puppeteer of American education policy, bribing or bullying scholars and politicians into dancing as it desires. Rick Hess, of the American Enterprise Institute, feels that the story misrepresented his position on the potentially corrupting influence of foundations, making it sound as though he were referring to the Gates Foundation in particular when in fact he was referring to the impact of foundations generally.

Hess told the Times, among other things, that

As researchers, we have a reasonable self-preservation instinct. There can be an exquisite carefulness about how we’re going to say anything that could reflect badly on a foundation. We’re all implicated.

Next Monday, the Cato Institute will publish a study titled: “The Other Lottery: Are Philanthropists Backing the Best Charter Schools?” In it, I empirically answer the titular question by comparing the academic performance of California’s charter school networks to the level of grant funding they have received from donors over the past decade. The results tell us how much we should rely on the pairing of philanthropy and charter schools to identify and replicate the best educational models. Considerable care went into the data collection and regression model. As for the description of the findings, it’s as simple and precise as I could make it. I doubt it will be hailed as exquisite.

E-Verify and Common Sense

This weekend, New York Times op-ed columnist Ross Douthat wrote a piece full of common sense thinking about immigration control and the E-Verify federal background check system.

“Common sense”—or “what most people think”—is an interesting thing: When generations of direct experience accumulate, common sense becomes one of the soundest guides to action. Think of common law, its source deep in history, molded in tiny increments over hundreds of years. Common law rules against fraud, theft, and violence strike a brilliant balance between harm avoidance and freedom.

When most people lack first-hand knowledge of a topic, though, common sense can go quite wrong. Such is the case with ”common sense” in the immigration area, which is not a product of experience but collective surmise. Douthat, who has the unenviable task of leaping from issue to issue weekly, indulges such surmise and gets it wrong.

Take, for example, the premise that American workers lose when immigration rates are high: “Amnesty,” says Douthat, would “be folly (and a political nonstarter) in this economic climate, which has left Americans without high school diplomas (who tend to lose out from low-skilled immigration) facing a 15 percent unemployment rate.”

On the whole, American workers do not lose out in the face of immigration. To the extent some do, it is penny-wise and pound foolish to retard our economy (in which displaced workers participate) and overall well-being (which affects displaced workers, too) in the name of protecting status quo jobs for a small number of native-borns.

Full immigration reform that includes generous opportunities for new low-skill workers is not folly, whatever its political prospects may be.

But I want to focus on Douthat’s conclusion that E-Verify is the way forward for immigration control. He cites a study finding that Arizona’s adoption of an E-Verify mandate caused the non-citizen Hispanic population of Arizona to fall by roughly 92,000 persons, or 17 percent, over the 2008–2009 period, and concludes:

[M]aybe — just maybe — America’s immigration rate isn’t determined by forces beyond any lawmaker’s control. Maybe public policy can make a difference after all. Maybe we could have an immigration system that looked as if it were designed on purpose, not embraced in a fit of absence of mind.

Though tentative, his implication is that a national E-Verify mandate is the solution. Everything that came before was the product of fevered impulses.  Maybe E-Verify is the most practical solution. Douthat’s calm tone sounds like common sense.

Ah, but neither Douhtat or the authors of the study have thought that problem all the way through (and the study doesn’t claim to): The decline in Arizona was not produced simply by moving illegal immigrants from Arizona back to Mexico and Central America. They went to Washington state and other places in the United States that are less inhospitable to immigrants. A national E-Verify mandate would offer no similar refuge, and the move to underground (or “informal”) employment would occur in larger proportion than it did in Arizona.

The report also cautions that the honeymoon in Arizona may not hold:

[T]he initial effects of the legislation are unlikely to persist if actors in the labor market learn that there are no consequences from violating these laws. Hence, for long-term effectiveness, policymakers should also consider the role of employer sanctions, which have not played a large role in Arizona’s results so far. However, policymakers must weigh the sought-after drop in unauthorized employment against the costs associated with shifting workers into informal employment.

That’s antiseptic language for: investigations of employers, raids on workers, heavy penalties on both, and growth in black markets and a criminal underground. “Balmy” is a way of describing the temperature potatoes pass through in a pressure cooker.

It’s hard, on analysis, to see Arizona’s experience being replicated or improved upon by an E-Verify mandate that’s national in scale without a great deal of discomfort and cost. I surveyed the demerits of electronic employment eligibility verification in “Franz Kafka’s Solution to Illegal Immigration.”

There is more not to love in the Douthat piece. Take a look at this shrug-o’-the-shoulders to the deep flaws in the concept of “internal enforcement” and E-Verify:

Arizona business interests called it unfair and draconian. (An employer’s business license is suspended for the first offense and revoked for the second.) Civil liberties groups argued that the E-Verify database’s error rate is unacceptably high, and that the law creates a presumptive bias against hiring Hispanics. If these arguments sound familiar, it’s because similar critiques are always leveled against any attempt to actually enforce America’s immigration laws. From the border to the workplace, immigration enforcement is invariably depicted as terribly harsh, hopelessly expensive and probably racist into the bargain.

We should disregard these problems because they’re familiar? With regard to E-Verify, they’re familiar because they are the natural consequence of dragooning the productive sector into enforcing maladjusted laws against free movement of people from a particular ethnic category to where their labor is most productive.

Problem-solving is welcome, and columnists like Ross Douthat have to at least point to a solution with regularity. But this effort, sounding in common sense, does not rise to the challenge. The solution is not even more enforcement of laws inimical to human freedom. The solution is reforming immigration laws to comport with … common sense!

Will Obama Comply with the War Powers Resolution?

Six Republican senators are challenging President Obama’s authority to conduct an open-ended war in Libya without congressional authorization. The six conservative lawmakers (Rand Paul (R-KY), Jim DeMint (R-SC), Mike Lee (R-UT), Ron Johnson (R-WI), Tom Coburn (R-OK), and John Cornyn (R-TX)) sent a letter to the president on May 18th asking if he intends to comply with the War Powers Resolution. The full text of the letter can be found here.

The law stipulates that the president must terminate military operations within 60 days, unless Congress explicitly authorizes the action, or grants an extension. The clock on the Libya operation started ticking on March 21, 2011. Congress has neither formally approved of the mission, nor has it granted an extension. Therefore, the 60-day limit expires tomorrow, May 20th.

Last week at The Skeptics, I noted Deputy Secretary of State James Steinberg’s testimony before the Senate Foreign Relations Committee, in which he suggested that the administration wanted to comply, but was consulting with Congress about how to do so. The New York Times presented some of the creative ideas that the administration was considering in order to adhere to circumvent the law. But the senators can read the Times, too. In their letter to the president, they write:

Last week some in your Administration indicated use of the United States Armed Forces will continue indefinitely, while others said you would act in a manner consistent with the War Powers Resolution. Therefore, we are writing to ask whether you intend to comply with the requirements of the War Powers Resolution. We await your response.

Let me be clear about one thing: I’m not a huge fan of the War Powers Resolution, per se. To me, it is silly, sort of like a law that affirmed the Congress’s authority to levy taxes, borrow and coin money, and establish Post Offices. In the same section where these powers are delegated, the Constitution clearly stipulates that Congress shall have the power to declare war. So why does there also need to be legislation?

Most presidents have complied with the spirit of the War Powers Resolution, but more out of deference to the notion that Congress has some role in whether the United States goes to war, not out of genuine conviction that Congress does/should have the most important role in deciding such things. By all appearances, President Obama is bypassing the charade.

I anxiously await his response to the senators’ letter, and am likewise curious to see if other senators raise questions about the administration’s intentions.

A Ban on Farm-Filming?

Animal-welfare activists have scored much publicity success by releasing hidden-camera videos that they say document the mistreatment of animals at farms and slaughterhouses. Now, at the behest of farm interests, lawmakers in Iowa, Florida, and Minnesota are proposing laws seeking to criminalize the making and even possession of such videos. According to the New York Times, the Iowa bill, which has passed the lower house of the legislature in Des Moines:

would make it a crime to produce, distribute or possess photos and video taken without permission at an agricultural facility. It would also criminalize lying on an application to work at an agriculture facility “with an intent to commit an act not authorized by the owner.”

From a libertarian perspective, there’s so much wrong with these bills that it’s hard to know where to begin. Maybe with the bills’ ridiculous overbreadth and over-punitiveness—the Florida proposal, for example, apparently would ban even roadside photography of farms, and send offenders to prison for as much as thirty years. In proposing a (very likely unconstitutional) ban on even the possession of improperly produced videos, the Iowa bill, ironically or otherwise, echoes the tireless legislative efforts of some animal rights activists over the years to ban even possession of videos depicting dogfights and other instances of animal cruelty, for example.

The fact is that we already criminalize too much photo-taking. Depending on where you live, it may be unlawful to snap photos in a busy transit hub, or videotape the police officer who’s conducting an arrest; New Jersey is now considering a law that could ban much picture-taking of children in public places. To be sure, farmers and food processors also have rights deserving of respect, but the core of those rights should be the right to post a notice of “No photography on premises” and then seek civil (as distinct from criminal, in the absence of forcible entry) remedies against visitors or employees who ignore it.

Relatedly, the New York Times invited me to join a “Room for Debate” discussion today on farm animal welfare and my contribution is here. My suggestions that the federal government leave the issue to the states, and that the development of a market in more expensive but humanely raised meat is to be welcomed, brought down predictable outrage from some readers, whose comments included, “The ‘free-market’ litany is a lying crock” and, “It would be a very good thing if meat became unaffordable to most ordinary people.”

Not so relatedly, I am happy to report that the Environmental Protection Agency has finally backed off its position that dairy farmers must build elaborate containment structures to guard against milk spills on the theory that—milk containing butterfat and all—those mishaps should be legally construed as “oil spills.” I had criticized the agency’s interpretation here and here.

René Magritte’s War

The Belgian painter René Magritte is famous in part for the painting pictured below.

What’s surprising is how much Magritte can tell us about our war in Libya. To recap where we are in Libya, our military objective is to “protect civilians” in that country. Except there’s this paragraph opening the recent New York Times article on the war:

WASHINGTON — NATO planners say the allies are stepping up attacks on palaces, headquarters, communications centers and other prominent institutions supporting the Libyan government, a shift of targets that is intended to weaken Col. Muammar el-Qaddafi’s grip on power and frustrate his forces in the field.

The Times also runs these quotes from officials in charge of the war:

“Now we are going after his rear echelon,” one NATO official said. “We are going after his ability to command and control his forces — his headquarters, his command posts, his communications — all those things that allow him to coordinate his attacks at the front.”

Military officials privately acknowledge that removing Colonel Qaddafi from power is the desired secondary effect of striking at state television and other symbols of his authoritarian rule. “His people may see the futility of continued resistance,” one Pentagon official said.

Somebody should probably loop in poor White House Press Secretary Jay Carney, who made the mistake just yesterday of saying the following:

“The goal of the mission is clear: protect the civilian population, enforce the no-fly zone, enforce the arms embargo. [It is] certainly not the policy of the coalition, of this administration, to decapitate, if you will, or to effect regime change in Libya by force.”

So let’s work this out. The United States currently has as a policy objective in Libya to remove Muammar Qaddafi from power. Washington is simultaneously using the military to attack “institutions supporting the Libyan government” in order to “weaken Col. Muammar el-Qaddafi’s grip on power,” but our official position is that doing so is unrelated to our policy objective of getting Qaddafi out of power. Does the administration really think we’re that stupid? Perhaps more importantly, is Congress that stupid?

Also, it may be time for a rundown of terms for which we no longer have adequate working definitions. I nominate:

  • “war”
  • “kinetic military action”
  • “protect”
  • “civilians”
  • “protect civilians”
  • “massacre”
  • “regime change”
  • “target”

Any other nominees?

Not Possible in This Dimension

Over at the Fordham Institute, Senior Fellow Peter Meyer continues the assault on logic that Fordham has insisted on perpetrating when it comes to national curriculum standards. Writing about a New York Times story on the deceptive curriculum “guidelines” manifesto released by a number of national-standards supporters earlier this week, Meyer declares that:

Contrary to popular belief (especially in some Tea Party circles), a national curriculum, done properly, does not threaten local control.  As we learn in this story, plenty of folks, including Randi Weingarten and our own Checker Finn, have signed on to a “common curriculum,” which its proponents say will constitute only about half of a school’s “academic time.”

Maybe I’m missing some very small but incredibly powerful wrinkle in the logic here, but it seems to me that by definition forcing local districts to use national standards must threaten local control. Indeed, it must not only threaten it, it must actually defeat it. And this is in no way changed by the curriculum having to account for “only about half” of a school’s time: Hours formerly controlled locally are now controlled nationally, which is inescapably a major incursion on local control.

Maybe in some dimension white is black, black is white, and ants are really walruses. But in this dimension, as far as I know, the laws of reality and logic must still apply – even to national curriculum standards.