Tag: reform

Embracing Bushonomics, Obama Re-appoints Bernanke

bernanke1In re-appointing Bernanke to another four year term as Fed chairman, President Obama completes his embrace of bailouts, easy money and deficits as the defining characteristics of his economic agenda.

Bernanke, along with Secretary Geithner (then New York Fed president) were the prime movers behind the bailouts of AIG and Bear Stearns. Rather than “saving capitalism,” these bailouts only spread panic at considerable cost to the taxpayer. As evidenced in his “financial reform” proposal, Obama does not see bailouts as the problem, but instead believes an expanded Fed is the solution to all that is wrong with the financial sector. Bernanke also played a central role as the Fed governor most in favor of easy money in the aftermath of the dot-com bubble – a policy that directly contributed to the housing bubble. And rather than take steps to offset the “global savings glut” forcing down rates, Bernanke used it as a rationale for inaction.

Perhaps worse than Bush and Obama’s rewarding of failure in the private sector via bailouts is the continued rewarding of failure in the public sector. The actors at institutions such as the Federal Reserve bear considerable responsibility for the current state of the economy. Re-appointing Bernanke sends the worst possible message to both the American public and to government in general: not only will failure be tolerated, it will be rewarded.

Obama Administration Sides With Special Interests and Status Quo on Sugar Imports

Pardon me while I pile on the post earlier today by my colleague Sallie James about the Obama administration refusing to allow more sugar to be imported to the United States. The U.S. Department of Agriculture this week declined to relax the quotas the federal government imposes on imported sugar despite soaring domestic prices and understandable complaints from U.S. confectioners and other sugar-consuming businesses about potential shortages.

For all his talk about change, President Barack Obama has shown no inclination to pursue meaningful reform of U.S. agricultural programs. He supported the subsidy-laden and protectionist farm bill that finally passed Congress in 2008. On the eve of the U.S. presidential election in October 2008, he wrote a letter to the U.S. sugar industry reminding growers that they were one special interest that had nothing to fear from an Obama administration.

In his letter, he offered the sugar lobby this assurance:

With respect to the sugar program specifically, while it’s true I have had concerns about the program, I will commit to listening and working with you in the future to ensure that we have a safety net that works for all of agriculture.

He then went on to criticize his opponent John McCain for opposing the farm bill and voting consistently against the sugar program (or, as Obama put it, “against sugar growers”).

In my new Cato book, Mad about Trade: Why Main Street America Should Embrace Globalization, I call the sugar program “the poster boy for self-damaging protectionism.” As I write in the book,

When the program is not raising prices for consumers at the store, it is savaging the bottom line for American companies. Artificially high domestic sugar prices raise the cost of production for refined sugar, candy and other confectionary products, chocolate and cocoa products, chewing gum, bread and other bakery products, cookies and crackers, and frozen bakery goods. Higher costs cut into profits and competitiveness, putting thousands of jobs in jeopardy.

If the president is looking for good bedtime reading on why he should dump the sugar program, I suggest he go straight to pages 147, 154-55, 160-62, and 170-72.

Co-ops: A ‘Public Option’ By Another Name

Politico reports that the so-called “public option” provision could be dropped from the highly controversial health care bill currently being debated throughout the country:

President Barack Obama and his top aides are signaling that they’re prepared to drop a government insurance option from a final health-reform deal if that’s what’s needed to strike a compromise on Obama’s top legislative priority…. Obama and his aides continue to emphasize having some competitor to private insurers, perhaps nonprofit insurance cooperatives, but they are using stronger language to downplay the importance that it be a government plan.

As I have said before, establishing health insurance co-operatives is a poor alternative to the public option plan. Opponents of a government takeover of the health care system should not be fooled.

Government-run health care is government-run health care no matter what you call it.

The health care “co-op” approach now embraced by the Obama administration will still give the federal government control over one-sixth of the U.S. economy, with a government-appointed board, taxpayer funding, and with bureaucrats setting premiums, benefits, and operating rules.

Plus, it won’t be a true co-op, like rural electrical co-ops or your local health-food store — owned and controlled by its workers and the people who use its services. Under the government plan, the members wouldn’t choose its officers — the president would.

The real issue has never been the “public option” on its own. The issue is whether the government will take over the U.S. health care system, controlling many of our most important, personal, and private decisions. Even without a public option, the bills in Congress would make Americans pay higher taxes and higher premiums, while government bureaucrats determine what insurance benefits they must have and, ultimately, what care they can receive.

Obamacare was a bad idea with an explicit “public option.” It is still a bad idea without one.

Assessing the Claim that CDT Opposes a National ID

It was good of Ari Schwartz to respond last week to my recent post querying whether the Center for Democracy and Technology outright opposes a national ID or simply “does not support” one.

Ari says CDT does oppose a national ID, and I believe that he honestly believes that. But it’s worth taking a look at whether the group’s actions are consistent with opposition to a national ID. I believe CDT’s actions – most recently its support of the PASS ID Act – support the creation of a national ID.

(The title of his post and some of his commentary suggest I have engaged in rhetorical excess and mischaracterized his views. Please do judge for yourself whether I’m being shrill or unfair, which is not my intention.)

First I want to address an unusual claim of Ari’s – that we already have a national ID system. If that is true, his support for PASS ID is more sensible because it is an opportunity to inject federal privacy protections into the existing system (putting aside whether it is a federal responsibility to manage a state system or systems).

Do We Already Have a National ID?

I have heard a few people suggest that we have a national ID in the form of the Social Security Number. I believe the SSN is a national identifier, but it fails the test of a national identification card or system because it is not used for identification. As we know well from the scourge of identity fraud, there is no definitive way to tie an SSN to a person. The SSN is not used for identification (at least not reliably and not alone), which is the third part of my national ID definition. (Senator Schumer might like the SSN to form the basis of a national ID system, of course.)

But Ari says something different. He does not claim any definition of “national ID” or “national ID system.” Instead, he appeals to the authority of a 2003 report from a National Academy of Sciences group entitled “Who Goes There?: Authentication Through the Lens of Privacy.” That report indeed says, “State-issued driver’s licenses are a de facto nationwide identity system” – on the second-to-last substantive page of its second-to-last substantive chapter

But this is a highly selective use of quotation. The year before, that same group issued a report called “IDs – Not That Easy: Questions About Nationwide Identity Systems.” From the beginning and throughout, that report discussed the many issues around proposals to create a “nationwide” identity system. If the NAS panel had already concluded that we have a national ID system, it would not have issued an entire report critiquing that prospect. It would have discussed the existing one as such. Ari’s one quote doesn’t do much to support the notion that we already have a national ID.

What’s more, CDT’s own public comments on the proposed REAL ID Act regulations in May 2007 said that its data-intensive “one person – one license/ID card – one record” policy would ”create a national identification system.”

If a national ID system already existed, the new policy wouldn’t create one. This is another authority at odds with the idea that we have a national ID system already.

Support of PASS ID might be forgiven if we had a national ID system and if PASS ID would improve it. But the claim we already have one is weak.

“Political Reality” and Its Manufacture

But the heart of Ari’s claim is that supporting PASS ID reflects good judgment in light of political reality.

Despite the fact that there are no federal politicians, no governors and no appointed officials from any party publicly supporting repeal of REAL ID today, CDT still says that repeal is an acceptable option. However, PASS ID would get to the same outcome, or better, in practice and has the added benefit of actually being a political possibility… . I realize that Harper has invested a lot of time fighting for the word “repeal,” but at some point we have to look at the political reality.

A “Dear Colleague” letter inviting support for a bill to repeal REAL ID circulated on the Hill last week. How many legislators will hesitate to sign on to the bill because they have heard that the PASS ID Act, and not repeal of REAL ID, is CDT’s preferred way forward?

The phrase “political reality” is more often used by advocates to craft the political reality they prefer than to describe anything truly real. Like the observer effect in experimental research, statements about “political reality” change political reality.  Convince enough people that a thing is “political reality” and the sought-after political reality becomes, simply, reality.

I wrote here before about how the National Governors Association, sensing profit, has worked diligently to make REAL ID a “political reality.” And it has certainly made some headway (though not enough). In the last Congress, the only legislation aimed at resolving the REAL ID impasse were bills to repeal REAL ID. Since then, the political reality is that Barack Obama was elected president and an administration far less friendly to a national ID took office. Democrats – who are on average less friendly to a national ID – made gains in both the House and Senate.

But how are political realities crafted? It has often been described as trying to get people on a bus. To pass a bill, you change it to get more people on the bus than get off.

The REAL ID bus was missing some important riders. It had security hawks, the Department of Homeland Security, anti-immigrant groups, DMV bureaucrats, public safety advocates, and the Bush Administration. But it didn’t have: state legislators and governors, privacy and civil liberties groups, and certain religious communities, among others.

PASS ID is for the most part an effort to bring on state legislators and governors. The NGA is hoping to broker the sale of state power to the federal government, locking in its own institutional role as a supplicant in Washington, D.C. for state political leaders.

But look who else was hanging around the bus station looking for rides! – CDT, the nominal civil liberties group. Alone it jumped on the bus, communicating to others less familiar with the issues that PASS ID represented a good way forward.

Happily, few have taken this signal. The authors of PASS ID were unable to escape the name “REAL ID,” which is a far more powerful beacon flashing national ID and all the ills that entails than CDT’s signal to the contrary.

This is not the first time that CDT’s penchant for compromise has assisted the national ID effort, though.

Compromising Toward National ID

The current push for a national ID has a short history that I summarized three years ago in a righteously titled post on the TechLiberationFront blog: “The Markle Foundation: Font of Evil II.”

Briefly, in December 2003, a group called the Markle Foundation Task Force on National Security in the Information Age recommended “both near-term measures and a longer-term research agenda to increase the reliability of identification while protecting privacy.” (Never mind that false identification was not a modus operandi of the 9/11 attacks.)

The 9/11 Commission, citing Markle, found that “[t]he federal government should set standards for the issuance of birth certificates and sources of identification, such as drivers licenses.” In December 2004, Congress passed the Intelligence Reform and Terrorism Prevention Act, implementing the recommendations of the 9/11 Commission, including national standards for drivers’ licenses and identification cards, the national ID system recommended by the Markle Task Force. And in May 2005, Congress passed a strengthened national ID system in the REAL ID Act.

An earlier post, “The Markle Foundation: Font of Evil,” has more – and the text of a PoliTech debate between myself and Stewart Baker. Security hawk Baker was a participant in the Markle Foundation group, as was national ID advocate Amitai Etzioni. So was the Center for Democracy and Technology’s Jim Dempsey.

I had many reservations about the Markle Foundation Task Force and its work product, and in an April 2005 meeting of the DHS Privacy Committee, I asked Dempsey about what qualified people to serve on that task force, whether people were invited, and what might exclude them. A month before REAL ID passed, he said:

I think the Markle Task Force at least sought balance. And people came to the table committed to dialogue. And those who came with a particular point of view, I think, were all committed to listening. And I think people’s minds were changed… . What we were committed to in the Markle Task Force was changing our minds and trying to find a common ground and to try to understand each other. And we spent the time at it. And that, I think, is reflected in the product of the task force.

There isn’t a nicer, more genuine person working in public policy than Jim Dempsey. He is the consummate honest broker, and this statement of his intentions for the Markle Foundation I believe to be characteristically truthful and earnest.

But consider the possibility that others participating on the Markle Foundation Task Force did not share Jim’s predilection for honest dialogue and compromise. It is even possible that they mouthed these ideals while working intently to advance their goals, including creation of a national ID.

Stewart Baker, who I personally like, is canny and wily, and he wants to win. I see no evidence that Amitai Etzioni changed his mind about having a national ID when he authored the recommendation in the Markle report that ultimately produced REAL ID.

Other Markle participants I have talked to were unaware of what the report said about identity-based security, national identity standards, or a national ID. They don’t even know (or didn’t at the time) that lending your name to a report also lends it your credibility. Whatever privacy or civil liberties advocates were involved with the Markle Task Force got rolled – big-time – by the pro-national-ID team.

CDT is a sophisticated Washington, D.C. operation. It is supposed to understand these dynamics. I can’t give it the pass that outsiders to Washington might get. By committing to compromise rather than any principle, and by lending its name to the Markle Foundation Task Force report, CDT gave credibility to a bad idea – the creation of a national ID.

CDT helped produce the REAL ID Act, which has taken years of struggle to beat back. And now they are at it again with “pragmatic” support for PASS ID.

CDT has been consistently compromising on national ID issues while proponents of a national ID have been doggedly and persistently pursuing their interests. This is not the behavior of a civil liberties organization. It’s why I asked in the post that precipitated this debate whether there is anything that would cause CDT to push back from the table and say No.

Despite words to the contrary, I don’t see evidence that CDT opposes having a national ID. It certainly works around the edges to improve privacy in the context of having a national ID – reducing the wetness of the water, as it were – but at key junctures, CDT’s actions have tended to support having a U.S. national ID. I remain open to seeing contrary evidence.

More Undeserved Praise for Obama’s NAACP Speech

Mike Petrilli of the Fordham Foundation is an affable and intelligent man. But he has gone round the rocker in regard to President Obama’s NAACP speech last week.

His review reads like promotional excerpts for a blockbuster movie; Don’t miss what critics are calling a can’t-miss experience … “transcendent” … “inspirational” … “honest, direct, bold.”

Why such superlatives? Because Obama is an “African-American president, speaking to the NAACP, and arguing for reform in our schools and responsibility in our homes and community.” Wow. Reform and responsibility?

Of course, as I point out here, the President OPPOSES the most direct and effective means of reforming education and empowering parents; school choice. And he supports expanding federal control of education from pre-k to college. Our President is working against reform and responsibility in education.

Our President has the nerve to lecture parents on the importance of getting involved as he supports ripping vouchers out of the hands of children in DC and elsewhere. He and his Congressional colleagues have effectively told thousands of District parents, who desperately want to direct their children to a better future, to shut up and sit down.

There is absolutely nothing to celebrate about a President who mouths nice platitudes while doing all he can to undermine the principles that underlie those sentiments.

In Which I Liken Wal-Mart to Josef Stalin

Well, kinda.

In this oped for Kaiser Health News, I explain how the deals that the Obama administration has struck with (some) drug companies, Wal-Mart, and (some) hospitals are “the same old Washington game of bribes, backroom deals, profiteering and protectionism – and a harbinger of what health care will look like if the president’s reforms succeed.”

Bob Barr on Drug Reform

President Obama’s new drug czar, Gil Kerlikowske, says he wants to banish the idea of a “war on drugs” because the federal government should not be “at war with the people of this country.”

At a Cato policy briefing on Capitol Hill on July 7, former Republican congressman Bob Barr, once a leading drug warrior in the House, explained why carrying out an end to the “war on drugs” will require a bipartisan solution.