Tag: rand paul

Rand Paul’s “Teachable Moment”

On the U.S. government’s targeted killing and drone-bombing program, in the past I have harped on the fact that despite the discrete and immediate effects of disrupting terrorist activity, no expert can conclusively answer whether such tactics materially reduce the threat of terrorism. But don’t just take my word for it:

  • General James E. Cartwright, the retired, former vice chairman of the Joint Chiefs of Staff, has said about drones undermining America’s long-term battle against extremism, “We’re seeing that blowback…If you’re trying to kill your way to a solution, no matter how precise you are, you’re going to upset people even if they’re not targeted.”
  • General Stanley McChrystal, the retired, former commander in Afghanistan, has said about drones and anti-American sentiment, “The resentment created by American use of unmanned strikes … is much greater than the average American appreciates. They are hated on a visceral level…”
  • And John Bellinger, a former State Department legal adviser in the George W. Bush administration, has said that one day, drone strikes might “become as internationally maligned as Guantanamo.” 

Today, in a piece for U.S. News and World Report, I write about yet another relevant factor in the drone debate beyond the scope of the aforementioned issues: the Congressional prerogative to limit executive war powers. It explains why Senator Rand Paul (R-KY) should keep fighting the good fight for more transparency over the program:

Today, our commander in chief, through a secretive decision-making process based on classified evidence, has declared the right to use lethal force against anybody, anytime, anywhere on earth. Although Paul’s effort to shine a harsh light on targeted killings has thus far been commendable, he has squandered many opportunities to explain how we get back to the constitution-based system he champions. In this respect, the liberty movement has been right to hold his feet to the fire. Thus, here comes the “teachable moment.”

Check it out

Rand Paul and Jim Webb on Congress’s Abdication of Foreign Policy Power

John Brennan’s confirmation as CIA director displayed Congress’s disinterest in checking the president’s runaway security powers. Two months ago, when I wrote an article with the unwieldy title, “Will Obama’s Brennan Pick Shed Some Much Needed Light on Drones?” I wouldn’t have guessed that the answer would be yes; it will bestir Congress to finally force the administration to say clearly that it does not reserve the right to kill Americans at home with drone strikes, insofar as they are not engaged in combat. That statement came only thanks to whomever leaked the Justice Department’s summary memo on the topic, Brennan and Attorney General Eric Holder’s impolitic reluctance to articulate limits on the president’s power to kill Americans by calling them terrorists, and, of course, Sen. Rand Paul’s (R-Ky.) resulting filibuster. The Senate predictably left Brennan’s other sins against civil liberties mostly unexamined. 

Paul’s hard-won “toehold of constitutionality” isn’t much to cheer about, even if we add to the spoils the administration’s vague agreement to be more open about its legal rationale for placing people on kill lists. This minimal defense of civil liberties and congressional privilege is what got Republican senators like Marco Rubio of Florida and Ted Cruz, Jr. of Texas, who seem to support unfettered executive discretion to kill in the name of counterterrorism outside the United States, to support the filibuster. 

Even that was too much restraint for the neoconservative right. Sen. John McCain (R-Ariz.) read on the Senate floor a Wall Street Journal editorial calling Paul’s effort a stunt meant to “fire up impressionable libertarian kids” and assuring us that those targeted by drones here or abroad will be “enemy combatants.” McCain and the Journal spectacularly miss Paul’s point: the issue is whether the president should make that designation, chucking due process rights, without being checked by another branch of government. 

As McCain amigo Sen. Lindsay Graham (R-S.C.) noted, the Republican caucus’ flirtation with civil libertarianism seems a situational consequence of partisanship. The same goes for Democrats. Were it President McCain doing what Obama is, far more than two Democratic senators (Jeff Merkley of Oregon and Pat Leahy of Vermont) would have voted against Brennan. During his filibuster, Paul asked what happened to the Senator Obama of 2007, who opposed torture and war by executive fiat. Paul suggests that those views were products of Obama’s then circumstance: not being president. Even that may be too generous. As I wrote in a recent book review concerning Obama’s counterterrorism record, “even when he took office, there was ample evidence that his dovish positions would not outlast their political convenience.” 

We can hope, I suppose, that Paul’s stance will increase Congress’s willingness to assert its constitutional war powers. Although he did not, as far as I know, propose specific restrictions on the use of military force outside of the United States, Paul did complain that the 2001 Authorization of Military Force against the perpetrators of the September 11 attacks and those that harbored them has become a permanent warrant for almost limitless executive war powers, a kind of escape hatch from the Constitution opened by presidential utterance of the word “terrorist.”

It’s Illegal to Say ‘None of Your Damn Business’

The government’s troops are rallying behind the Census Bureau’s American Community Survey. “After the House voted this month to defund a major part of the U.S. Census Bureau, the agency is taking the threat very seriously,” reports the Washington Times, “with its supporters in both business and government rallying to preserve the annual questionnaire.”

Wait. Who could be against the Census Bureau? Its constitutional charter is to enumerate citizens every ten years for the purpose of apportioning representation in Congress. This is a necessary and unremarkable administrative function.

Oh, wait—again. Government bloat is a law of gravity, and the Census Bureau does far, far more than count noses. Its American Community Survey has made the Census Bureau the research arm for the welfare/redistribution state and a source of corporate welfare in the form of demographic data about Americans.

So Census goes around asking people dozens of questions that have nothing to do with the agency’s constitutional purpose.

The ACS is controversial enough among the strongly principled that Census has a Web page entitled: “Is the American Community Survey legitimate?” Their answer: “Yes. The American Community Survey is legitimate. It is a survey conducted by the U.S. Census Bureau.” (Did you know there’s a whole class on the “appeal to authority” at Fallacy University?…)

The real authority they cite is Title 13 of the U.S. code, which, in section 221, allows the government to fine people who refuse to answer the Census Bureau’s questions. It’s illegal to say “none of your damn business” when a government official comes around asking about your toilet. I’ve written many times, in long form and short, that the helping hand of government strips away privacy before it goes to work.

So it’s nice to see that Rand Paul (R-KY) in the Senate and Ted Poe (R-TX) in the House have introduced a bill to make the American Community Survey voluntary, unless it’s a question that the Census actually needs for its constitutional purposes. Reading public comments on the House bill is particularly interesting. There is a good number of people who want to be left well enough alone. They shouldn’t be subject to penalties for saying so. It’s a matter of principle and privacy.

‘Cut, Cap and Balance,’ the Debt Ceiling and Federal Spending

Cato Institute scholars Daniel J. Mitchell and Chris Edwards evaluate the plans offered by Republicans for lowering federal spending using a so-called “Cut, Cap and Balance” proposal that would make small cuts to federal spending in the short run, cap federal spending, and balance the federal budget using a tax-limited balanced budget amendment to the Constitution.

Sen. Rand Paul on a ‘Conservative Constitutional Foreign Policy’

I had the good fortune of attending a speech by Sen. Rand Paul earlier this week in which the senator from Kentucky made the case for a “conservative constitutional foreign policy.” His office has recently posted the text of his remarks, and it is worth a closer look.

Senator Paul tweaked President Obama for disagreeing with Senator Obama when it comes to the war power, a point that I highlighted here a few weeks ago.

But Paul’s remarks went well beyond the Libyan war. He explained that he was trying to stake out a middle ground between the extreme of intervening militarily everywhere, all the time, and nowhere, none of the time.

What I’m talking about here has a relatively recent example: Ronald Reagan.

[…]

Reagan’s foreign policy was one in which we were somewhere, some of the time, in which the missions were clear and defined, and there was no prolonged military conflict — and this all took place during the Cold War….

Reagan’s policy was much less interventionist than the presidents of both parties who came right before him and after him. And Reagan’s foreign policy was certainly more restrained than that of our current president.

I’d argue that a more restrained foreign policy is the true conservative foreign policy, as it includes two basic tenets of true conservatism: respect for the Constitution, and fiscal discipline.

The whole speech can be found here.

Senate Vote on Rand Paul’s Budget

Last week, a motion to proceed on a budget resolution introduced by Sen. Rand Paul (R-KY) was decisively defeated in the Senate (7 in favor, 90 opposed). Paul’s proposal would have balanced the budget in five years (fiscal year 2016) through spending cuts and no tax increases. Social Security and Medicare would not have been altered. Instead, the proposal merely instructed relevant congressional committees to enact reforms that would achieve “solvency” over a 75-year window.

That’s hardly radical.

Paul’s proposed spending cuts were certainly bold by Washington’s standards, but they weren’t radical either. For example, military spending would have been cut, in part, by reducing the government’s bootprint abroad. From the Paul proposal:

The ability to utilize our immense air and sea power, to be anywhere in the world in a relatively short amount of time, no longer justifies our expanded presence in the world. This budget would require the Department of Defense to begin realigning the over 750 confirmed military installations around the world. It would also require the countries that we assist to begin providing more funding to their own defense. European, Asian, and Middle Eastern countries have little incentive to increase their own military budgets, or take control of regional security, when the U.S. has consistently subsidized their protection.

Over 750 confirmed military installations around the world. That’s enough to make a Roman emperor blush. Isn’t continuing to go deeper into debt to subsidize the defense of rich allies the more “radical” position? (See these Cato essays for more on downsizing the Department of Defense.)

Other cuts included eliminating the Department of Housing & Urban Development, the Department of Energy, and most of the Department of Education. But unlike most Republicans, Paul didn’t apologize for the cuts or use the debt dilemma as a cop out. Instead, he explains in his plan why these federal activities are counterproductive and should be devolved to the states or left to the private sector.

It’s disappointing that Paul could only get seven Republicans and no Democrats to support his budget. For all the bluster about needing to cut spending, not raise taxes, and stop the Obama administration’s big government agenda, most Republican senators said “no dice” when given the chance to vote in favor of a plan that would accomplish all three objectives and balance the budget in five years.

No Time to Debate Patriot

Back in February, Democratic leader Harry Reid promised fellow senator Rand Paul that—after years of kicking the can down the road—there would be at least a week reserved for full and open debate over three controversial provisions of the Patriot Act slated to expire this weekend, with an opportunity to propose reforms and offer amendments to any reauthorization bill.  And since, as we know, politicians always keep their promises, we can look forward to a robust and enlightening discussion of how to modify the Patriot Act to better safeguard civil liberties without sacrificing our counterterror capabilities.

Ha! No, I’m joking, of course. Having already cut the legs out from under his own party’s reformers by making a deal with GOP leaders for a four-year extension without reform, Reid used some clever procedural maneuvering to circumvent Rand Paul’s pledged obstruction, slipping the Patriot extension into an unrelated small-business bill that’s privileged against filibusters. All this just to prevent any debate on amendments—the most prominent of which, the Leahy-Paul amendment, is frankly so mild that it ought to be uncontroversial. (Among other things, it modifies some portions of the statute already found constitutionally defective by the courts, and codifies some recordkeeping and data use guidelines the Justice Department has already agreed to implement voluntarily.) Apparently it’s too much to even allow these proposals to be debated and voted on.

One reason may be that a growing number of senators—most recently Ron Wyden and Mark Udall—have been raising concerns about a classified “sensitive collection program” that makes use of the sunsetting “business records provision,” also known as Section 215.  They’ve joined Dick Durbin and (former Senator) Russ Feingold in hinting that there may be abuses linked to this program the public is unaware of, and that, moreover, the secret Foreign Intelligence Surveillance Court has interpreted this provision (in a classified ruling, of course) in a way that the general public would find surprising, and which goes beyond the law’s apparent intent. Intelligence operations, of course, must remain secret, but this means we are now governed by a body of secret law, potentially at odds with citizens’ understanding of the public statute—with the result that we cannot even know the true reason that common sense reforms, once endorsed unanimously by the Senate Judiciary Committee, cannot be adopted. This is—to put it very mildly—not how a democracy is supposed to function. Equally troubling, there’s strong circumstantial evidence (which I’ll outline in a separate post) that the program in question may involve large-scale cell phone location tracking and data mining—a conclusion shared by several other analysts who’ve followed the issue closely.

The one silver lining here is that, while press may not have the patience for a complicated policy debate involving byzantine intelligence law—especially now that many Democrats have decided that powers which raised the specter of tyranny under George W. Bush are unobjectionable under an Obama administration—they are always happy to cover a legislative boxing match. Perhaps, thanks to Sen. Paul’s intransigence, we’ll finally see a little sunlight shed on these potent and secret surveillance powers.