Tag: tea parties

A Look at the Contract From America

The Contract From America is a very interesting political document, seeking to rally people around a set of policies that—unlike the Contract With America from years ago—was generated from the bottom up.

On the WashingtonWatch.com blog, I’ve been assessing the ten items in the Contract From America. The Tea Party movement stands for a lot of ideas in a lot of people’s minds. Here’s a chance to see what substantive policies are important to a large cross-section of this political movement.

Robin Hood and the Tea Party Haters

What is it with modern American liberals and taxes? Apparently they don’t just see taxes as a necessary evil, they actually like ‘em; they think, as Gail Collins puts it in the New York Times, that in a better world “little kids would dream of growing up to be really big taxpayers.” But you really see liberals’ taxophilia coming out when you read the reviews of the new movie Robin Hood, starring Russell Crowe. If liberals don’t love taxes, they sure do hate tax protesters.

Carlo Rotella, director of American Studies at Boston College, writes in the Boston Globe that this Robin Hood is A big angry baby [who] fights back against taxes” and that the movie is “hamstrung by a shrill political agenda — endless fake-populist harping on the evils of taxation.” You wonder what Professor Rotella teaches his students about America, a country whose fundamental ideology has been described as “antistatism, laissez-faire, individualism, populism, and egalitarianism.”

At the Village Voice, Karina Longworth dismisses the movie as “a rousing love letter to the Tea Party movement” in which “Instead of robbing from the rich to give to the poor, this Robin Hood preaches about ‘liberty’ and the rights of the individual as he wanders a countryside populated chiefly by Englishpersons bled dry by government greed.” Gotta love those scare quotes around “liberty.” Uptown at the New York Times, A. O. Scott is sadly disappointed that “this Robin is no socialist bandit practicing freelance wealth redistribution, but rather a manly libertarian rebel striking out against high taxes and a big government scheme to trample the ancient liberties of property owners and provincial nobles. Don’t tread on him!” The movie, she laments, is “one big medieval tea party.”

Moving on down the East Coast establishment, again with the Tea Party hatin’ in Michael O’Sullivan’s Washington Post review:

Ridley Scott’s “Robin Hood” is less about a band of merry men than a whole country of really angry ones. At times, it feels like a political attack ad paid for by the tea party movement, circa 1199. Set in an England that has been bankrupted by years of war in the Middle East – in this case, the Crusades – it’s the story of a people who are being taxed to death by a corrupt government, under an upstart ruler who’s running the country into the ground.

Man, these liberals really don’t like Tea Parties, complaints about lost liberty, and Hollywood movies that don’t toe the ideological line. As Cathy Young notes at Reason:

Whatever one may think of Scott’s newest incarnation of the Robin Hood legend, it is more than a little troubling to see alleged liberals speak of liberty and individual rights in a tone of sarcastic dismissal. This is especially ironic since the Robin Hood of myth and folklore probably has much more in common with the “libertarian rebel” played by Russell Crowe than with the medieval socialist of the “rob from the rich, give to the poor” cliché. At heart, the noble-outlaw legend that has captured the human imagination for centuries is about freedom, not wealth redistribution….The Sheriff of Nottingham is Robin’s chief opponent; at the time, it was the sheriffs’ role as tax collectors in particular that made them objects of loathing by peasants and commoners. [In other books and movies] Robin Hood is also frequently shown helping men who face barbaric punishments for hunting in the royal forests, a pursuit permitted to nobles and strictly forbidden to the lower classes in medieval England; in other words, he is opposing privilege bestowed by political power, not earned wealth.

The reviewers are indeed tapping into a real theme of this Robin Hood, which is a prequel to the usual Robin Hood story; it imagines Robin’s life before he went into the forest. Marian tells the sheriff, “You have stripped our wealth to pay for foreign adventures.” (A version of the script can be found on Google Books and at Amazon, where Marian is called Marion.)  Robin tells the king the people want a charter to guarantee that every man be “safe from eviction without cause or prison without charge” and free “to work, eat, and live merry as he may on the sweat of his own brow.” The evil King John’s man Godfrey promises to “have merchants and landowners fill your coffers or their coffins….Loyalty means paying your share in the defense of the realm.” And Robin Hood tells the king, in the spirit of Braveheart’s William Wallace, “What we ask for is liberty, by law.”

Dangerous sentiments indeed. You can see what horrifies the liberal reviewers. If this sort of talk catches on, we might become a country based on antistatism, laissez-faire, individualism, populism, and egalitarianism and governed by a Constitution.

Elena Kagan, Super Tuesday, Tea Parties, Guns

Just as Tuesday’s primary elections were good news for libertarians, they were bad news for Elena Kagan.  Now that Arlen Specter (D-R-D-PA) will never again face an electorate, we will be able to see his true colors, whatever they are – this should be interesting! – on the Senate Judiciary Committee.  Blanche Lincoln (D-AR), assuming she wins her June 8 primary run-off (having to tack left to do so), will be a possible vote against Kagan so she can show skeptical Arkansans that she’s not an Obama-Reid-Pelosi rubber stamp.  And Rand Paul’s trouncing of establishment candidate Trey Grayson in the Republican primary should strike fear into the hearts of all senators running for re-election this fall (or even 2012) such that they refuse to accept pablum from a judicial nominee’s testimony.

The above races, combined even more notably with Scott Brown’s victory in Massachusetts in January, reinforce that voters are upset with Washington and they ain’t gonna take it any more.  Put simply, this fall’s election is shaping up to be a repeat of 1994 – except now we have protesters, the Tea Party movement, actively opposing every type of government expansion, bloat, and “stimulus” emanating from the federal government.  Elena Kagan will still get confirmed but she will face tough questions about the limits on government power; a 59-seat majority is nothing to sneeze at, but her confirmation margin is eroding every day.

Turning to one aspect of Kagan’s record that will get some attention in coming weeks, Ken Klukowski of the American Civil Rights Union argues that the nominee “confirms that President Obama’s gun-control agenda is to create a Supreme Court that will ‘reinterpret’ the Second Amendment until that amendment means nothing at all.”  Now, even though Ken and I have tangled before, I have no doubt that Obama is not the best president ever for the defense of the natural right to keep and bear arms for self-defense.  Still, Ken’s claim here that Kagan’s decision not to file a brief on behalf of the United States in McDonald v. City of Chicago indicates that she is anti-gun rights is specious.

Doug Kendall of the Constitutional Accountability Center – a progressive group that nevertheless has the intellectual integrity to support the application of the right to keep and bear arms via the Privileges or Immunities Clause – has a detailed refutation to these allegations:

As one of two lawyers who met with General Kagan on behalf of the petitioner, Otis McDonald, to request that she file a brief in support of McDonald, I can say first hand that this assertion is nonsense.  It is also worth pointing out, as I do below, that Klukowski’s post has important factual distortions in it.

As has been reported in the press, I joined McDonald’s lead counsel, Alan Gura, in a meeting with General Kagan and her staff to ask the Solicitor General to file a brief in support of McDonald and incorporation, against the City of Chicago.

From the outset, it was clear to me that McDonald was a difficult case for the Obama Administration, and that we therefore faced a decidedly uphill battle in seeking support from the United States.

On the incorporation question, there is also the fact that the Solicitor General’s Office has a tradition of not weighing in on incorporation cases at all, regardless of where it may stand on the merits of the case.  As former Solicitor General Erwin Griswold explained in a 1970 Supreme Court brief, the outcome of incorporation cases is rarely of direct interest to the federal government, while “fundamental considerations of federalism militate against executive intrusion into the area of State criminal law.”  Noting that incorporation cases often arise from questions surrounding state criminal procedure, Griswold indicated that the Solicitor General’s Office was particularly wary of getting involved in a potentially vast number of cases in which criminal defendants sought to expand the procedural protections of the federal Due Process Clause.

General Kagan gave us an entirely fair opportunity to state our case, and the decision by her office to refrain from filing a friend-of-the-court brief in this case tells us nothing meaningful about Kagan’s views on the Second Amendment.

In short, as Josh Blackman says, Kagan had plenty of reasons not to file a brief in McDonald and her decision not to says absolutely nothing about her views on the right to keep and bear arms. Again, I have no doubt that Elena Kagan, being a standard modern liberal, is no friend of the Second Amendment.  But the evidence Ken Klukowski purports to marshal is no evidence at all.

The Roots of the Tea Parties

The sight of middle-class Americans rallying to protest overtaxing, overspending, Wall Street bailouts, and government-directed health care scares the bejeezus out of a lot of people. The elite media are full of stories declaring the Tea Partiers to be racists, John Birchers, Glenn Beck zombies, and God knows what. So it’s a relief to read a sensible discussion (subscription required) by John Judis, the decidedly leftist but serious journalist-historian at the New Republic. Once the managing editor of the journal Socialist Revolution, Judis went on to write a biography of William F. Buckley Jr. and other books, so he knows something about ideological movements in the United States. Judis isn’t happy about the Tea Party movement, but he warns liberals not to dismiss it as fringe, AstroTurf, or a front group for the GOP:

But the Tea Party movement is not inauthentic, and—contrary to the impression its rallies give off—it isn’t a fringe faction either. It is a genuine popular movement, one that has managed to unite a number of ideological strains from U.S. history—some recent, some older. These strains can be described as many things, but they cannot be dismissed as passing phenomena. Much as liberals would like to believe otherwise, there is good reason to think the Tea Party movement could exercise considerable influence over our politics in the coming years.

Judis identifies three strains of American thinking that help to define the Tea Party movement:

The first is an obsession with decline. This idea, which traces back to the outlook of New England Puritans during the seventeenth century, consists of a belief that a golden age occurred some time ago; that we are now in a period of severe social, economic, or moral decay; that evil forces and individuals are the cause of this situation; that the goal of politics is to restore the earlier period; and that the key to doing so is heeding a special text that can serve as a guidebook for the journey backward.

I’ve offered a dissent from the common libertarian perception that we have declined from a golden age of liberty, but declinism is certainly a strong theme in conservative thought. (Not to mention in Club of Rome environmentalist thought.) Judis suggests that declinism often takes conspiratorial form and wonders “how could a movement that cultivates such crazy, conspiratorial views be regarded favorably by as much as 40 percent of the electorate?”

That is where the Tea Party movement’s second link to early U.S. history comes in. The Tea Partiers may share the Puritans’ fear of decline, but it is what they share with Thomas Jefferson that has far broader appeal: a staunch anti-statism.

And the final historical strain that Judis identifies:

They are part of a tradition of producerism that dates to Andrew Jackson. Jacksonian Democrats believed that workers should enjoy the fruits of what they produce and not have to share them with the merchants and bankers who didn’t actually create anything….

During the 1970s, conservatives began invoking producerism to justify their attacks on the welfare state, and it was at the core of the conservative tax revolt…. 

Like the attack against “big government,” this conservative producerism has most deeply resonated during economic downturns. And the Tea Parties have clearly built their movement around it.Producerism was at the heart of Santelli’s rant against government forcing the responsible middle class to subsidize those who bought homes they couldn’t afford…. Speaking to cheers at the April 15 rally in Washington, Armey denounced the progressive income tax in the same terms. “I can’t steal your money and give it to this guy,” he declared. “Therefore, I shouldn’t use the power of the state to steal your money and give it to this guy.”

Judis could have cited Ayn Rand’s analysis of “producers” and “looters” in influencing this strain of Tea Party thought. Not to mention a much older classical liberal version of class analysis, one that predated Marx’s theory, which focused on “conflict between producers, no matter their station, and the parasitic political classes, both inside and outside the formal state,” or “between the tax-payers and tax-eaters.”

Judis concludes on a note of despair:

their core appeal on government and spending will continue to resonate as long as the economy sputters. None of this is what liberals want to hear, but we might as well face reality: The Tea Party movement—firmly grounded in a number of durable U.S. political traditions and well-positioned for a time of economic uncertainty—could be around for a while.

There’s plenty for libertarians to argue with in Judis’s essay. But it’s an encouraging report for those who think it’s a good thing that millions of Americans are rallying to the cause of smaller government and lower spending. And certainly it’s the smartest, most historically grounded analysis of the Tea Party movement I’ve seen in the mainstream liberal media.

Libertarians, Independents, and Tea Parties

David Kirby and I have an op-ed in today’s Politico on libertarians as the “leading edge” of the independent vote:

Who are these centrist, independent-minded voters who swung the elections in Virginia, New Jersey and Massachusetts to Republican candidates and are likely to be crucial in races this fall?…

Libertarians seem to be a leading indicator of this trend in centrist, independent-minded voters, based on an analysis of many years of polling data. We estimate that libertarians compose from 14 percent to 23 percent of voters nationally. They are among the few real swing voters in U.S. politics.

We note that libertarian voters started to swing against the Republicans in 2004, before most Republicans did. Then independents swung hard to the Democrats in 2006 and 2008. By 2008, though, libertarian voters had apparently recoiled against the prospect of an Obama-Pelosi-Reid government at a time of financial crisis. By November 2009 and January 2010, a majority of independents had followed the libertarians in turning against the Democrats’ big-government agenda. We go on to say:

So, if many of these centrist, independent voters are indeed libertarians, why aren’t libertarians better recognized?

First, the word “libertarian” is still unfamiliar — even to many who hold “fiscally conservative, socially liberal” views. Pollsters rarely use it….

Second, libertarian voters have traditionally been less likely to organize.

In the past three years, however, libertarians have become a more visible, organized force in politics — particularly as campaigns move online. Ron Paul’s campaign demonstrated that libertarians can organize and raise large sums of money on the Internet.

Meanwhile, tea party protests showed that libertarian-inspired anger can boil over into spontaneous, nationwide rallies. On Sept. 12, 2009, more than 100,000 people marched on Washington to protest federal spending and the growth of government — many carrying nerdy, libertarian-inspired signs such as “I Am John Galt,” referring to the protagonist of Ayn Rand’s “Atlas Shrugged.”

Libertarians are emerging as a force within U.S. politics. While political leaders such as Sarah Palin and Mike Huckabee and media stars like Glenn Beck and Rush Limbaugh are icons to a “conservative base,” it is not yet clear what political leaders might represent these libertarian voters.

But with candidates working to capitalize on voter angst in the 2010 midterms, there are sure to be many politicians angling to lead this libertarian vote.

Meanwhile, a new Politico/TargetPoint poll of people who attended the April 15 Tea Party in Washington found “two camps” there: “one that’s libertarian-minded and largely indifferent to hot-button values issues and another that’s culturally conservative and equally concerned about social and fiscal issues.” They also found a difference in intensity: “Asked to rate their level of anger about 22 issues on a scale of one (not angry at all) to five (extremely angry), the issue that drew the most anger: the growing national debt. The least: courts granting same-sex couples the right to marry. Twenty-four percent said they’re ‘not at all’ upset about gay marriage.”

A recent CBS/New York Times poll found “Tea Party supporters” more conservative than Americans in general on gay marriage. We may be seeing a difference between people who say they like the Tea Parties and those who actually turn out for Tea Party rallies, or possibly Tea Partiers in the Washington area are more socially liberal than they are in other regions.

In particular, the Politico/TargetPoint poll used some of the same questions, drawn from the Gallup Poll and other surveys, that Kirby and I have used to identify libertarians in our “libertarian vote” studies. Here’s the analysis from TargetPoint (emphases added):

IDEOLOGY

The Tea Party is, unsurprisingly, for small-government and cuts to taxes and spending; but there is a clear split when it comes to government promotion of moral values.

  • Overwhelming majorities of 88% and 81% say government is trying to do too many things best left to individuals and businesses, and that government should cut taxes and spending, respectively. But in terms of values, Tea Party attendees are split right down the middle. A slim majority of 51% say “Government should not promote any particular set of values”, versus 46% that say “Government should promote traditional family values in our society.”
  • We can compare these to Gallup data collected in September of 2009: nationally, 57% said government was doing too much (among Republicans it was 80%), while 53% said government should promote traditional values (among Republicans it was 67%). So the Tea Party is actually more conservative than national Republicans when it comes to the size and role of government, but less conservative than national Republicans in terms of government promotion of traditional values.
  • Indeed, combining the responses to some of these questions is a revealing ideological exercise: 43% of attendees said government is doing too much AND that government should promote traditional values, a distinctly conservative view; 42% said government is doing too much AND that government should NOT promote any particular set of values, an ideological view used by the Cato Institute as an indicator of libertarianism (currently 23% of all Americans fit into this category).
  • This split between a libertarian Tea Party and a socially conservative Tea Party is reinforced when we consider the combination of all three ideological questions we asked, questions on the size and role of government, the role of traditional values, and the dynamic between taxes and spending. If we count the number of times a respondent gave the “conservative” answer (government should do less, it should promote traditional values, and cut taxes and spending), 40% of Tea Party attendees gave the conservative answer all three times, and 42% gave the conservative answer only two times. Those that gave only two conservative responses were most likely to defect on the role of traditional values.

Anticipating criticisms, let me note that no survey is definitive, and few survey questions are definitive. It’s possible that some respondents would say “government should do more to solve our country’s problems” meaning that it should be cutting waste and reducing the national debt. And some people might understand “government should promote traditional values” to mean traditional values like self-reliance, thrift, and standing on your own too feet. But overall, I think these questions help us to separate broadly libertarian responses from conservatives and (social-democratic) liberals. And this poll suggests that Tea Partiers are not just conservative Republicans. At least some of them are more libertarian. Politicians trying to appeal to them should keep that in mind.

Federal Education Results Prove the Framers Right

Yesterday, I offered the Fordham Foundation’s Andy Smarick an answer to a burning question: What is the proper federal role in education? It was a question prompted by repeatedly mixed signals coming from U.S. Secretary of Education Arne Duncan about whether Washington will be a tough guy, coddler, or something in between when it comes to dealing with states and school districts.  And what was my answer? The proper federal role is no role, because the Constitution gives the feds no authority over American education.

Not surprisingly, Smarick isn’t going for that. Unfortunately, his reasoning confirms my suspicions: Rather than offering a defense based even slightly on what the Constitution says, Smarick essentially asserts that the supreme law of the land is irrelevant because it would lead to tough reforms and, I infer, the elimination of some federal efforts he might like.

While acknowledging that mine is a “defensible argument,” Smarick writes that he disagrees with it because it “would presumably require immediately getting rid of IDEA, Title I, IES, NAEP, and much more.” He goes on to assert that I might “argue that doing so is necessary and proper because it’s the only path that squares with our founding document, but policy-wise it is certainly implausible any time soon.” Not far after that, Smarick pushes my argument aside and addresses a question to “those who believe that it’s within the federal government’s authority to do something in the realm of schools.”

OK. Let’s play on Smarick’s grounds. Let’s ignore what the Constitution says and see what, realistically, we could expect to do about federal intervention in education, as well as what we can realistically expect from continued federal involvement.

First off, I fully admit that getting Washington back within constitutional bounds will be tough. That said, I mapped out a path for doing so in the last chapter of Feds In The Classroom, a path that doesn’t, unlike what Smarick suggests, require immediate cessation of all federal education activities. Washington obviously couldn’t be pulled completely out of the schools overnight.

Perhaps more to Smarick’s point, cutting the feds back down to size has hardly been a legislatively dead issue. Indeed, as recently as 2007 two pieces of legislation that would have considerably withdrawn federal tentacles from education – the A-PLUS and LEARN acts – were introduced in Congress. They weren’t enacted, but they show that getting the feds out of education is hardly a pipe dream. And with tea parties, the summer of townhall discontent, and other recent signs of revolt against big government, it’s hardly out of the question that people will eventually demand that the feds get out of their schools.

Of course, there is the other side of the realism argument: How realistic is it to think that the federal government can be made into a force for good in education? It certainly hasn’t been one so far. Just look at the following chart plotting federal education spending against achievement, a chart that should be very familiar by now.

Education Spending

Notice anything? Of course! The federal government has spent monstrous sums on education without any corresponding improvement in outcomes!

Frankly, it’s no mystery why: Politicians, as self-interested people, care first and foremost about the next election, not long-term education outcomes. They care about what will score them immediate political points. That’s why federal politicians have thrown ever-more money at Title I without any meaningful sign it makes a difference. That’s why No Child Left Behind imposed rules that made Washington politicians look tough on bad schools while really just pushing more dough at educrats and giving states umpteen ways to avoid actual improvement. That’s why Arne Duncan vacillates between baddy and buddy at the drop of a headline. And that basic reality – as well as the reality that the people employed by the public schools will always have the greatest motivation and ability to influence government-schooling policies – is why it is delusional to expect different results from federal education interventions than what we’ve gotten for decades.

OK. But what about a law like the Individuals with Disabilities Education Act (IDEA)? Hasn’t it helped millions of disabled kids who would otherwise have been neglected by states and local school districts?

For one thing, it is constitutional and totally appropriate under the 14th Amendment for the federal government to ensure that states don’t discriminate against disabled children in provision of education. IDEA, however, does much more than that, spending billions of federal dollars, promoting over-identification of “disabilities,” and creating a hostile, “lawyers playground” of onerous, Byzantine rules and regulations, all without any proof that the law ultimately does more good than harm. And again, this should be no surprise, because federal politicians care most about wearing how much they “care” on their reelection-seeking sleeves, no matter how negative the ultimate consequences may be.

Alright-y then. How about the National Assessment of Educational Progress (NAEP)? Isn’t it an invaluable source of national performance data?

NAEP results are used in the above chart, so obviously I have found NAEP of some value.  But does its usefulness justify ignoring the Constitution? Absolutely not. For one thing, instead of NAEP we could use extant, non-federal tests such as the SAT, ACT, PSAT, Stanford 9, Terra Nova, and many other assessments to gauge how students are doing. And as useful as NAEP may be, it sits perilously close to being as worthless as everything else that Washington has done in education. All that has kept it from being hopelessly politicized is that there is no money attached to how states and local districts do on it. And as Smarick’s boss at Fordham, Chester Finn, testified in 2000, even with that protection NAEP and other supposedly netural federal education undertakings are under constant threat of political subversion:

Unfortunately, the past decade has also shown how vulnerable these activities are to all manner of interference, manipulation, political agendas, incompetence and simple mischief. It turns out that they are nowhere near to being adequately immunized against Washington’s three great plagues:

• the pressing political agendas and evanescent policy passions of elected officials (in both executive and legislative branches)and their appointees and aides,

• the depredations and incursions of self-serving interest groups and lobbyists (of which no field has more than education), and

• plain old bureaucratic bungling and incompetence.

Based on all of this evidence, it is clear that the only realistic avenue for getting rational federal education policy is, in fact, to follow the Constitution and have no federal education policy. In other words, the very realistic Framers of the Constitution were absolutely right not to give the federal government any authority over education, and it is time, right now, for us to stop ignoring them. Doing anything else will only ensure continued, bankrupting failure.

How Many Attended the Tea Parties?

Back in April there was a lot of debate about how many people actually attended the April 15 “tea parties” to oppose President Obama’s tax and spending programs. Pajamas Media, an enthusiastic backer of the protests, offered an estimate upwards of 400,000.

Nate Silver of the FiveThirtyEight blog, a more skeptical observer, diligently compiled what he considered “nonpartisan and credible” estimates – mostly from mainstream media or police sources – and came up with a detailed sum of about 311,000. Not bad for widely dispersed events, most with no big-name speakers or celebrities, not hyped by the major media (though certainly hyped by some of the conservative media).

But I’ve recently stumbled across reports of two tea parties that didn’t make Silver’s list. In a long profile of a councilwoman who supported Obama in Greenwood, South Carolina, the Washington Post reports on her encountering 200 people at a tea party in Greenwood. And the latest compilation of newspaper clippings from the Mackinac Center includes an April 16 article from the Midland (Michigan) Daily News about a tea party there that attracted 500 people. So who knows how many other farflung events didn’t get included in Silver’s comprehensive list?

Andrew Samwick of Dartmouth complained that the tea parties – and maybe even libertarians – weren’t clearly focused on the problem of spending. As I said in a comment there, I think that’s an unfair charge:

Here’s how one major news outlet reported them:

Nationwide ‘tea party’ protests blast spending - CNN.com (http://www.cnn.com/2009/POLITICS/04/15/tea.parties/ )
ABCNews.com said “Anti-Tax ‘Tea Parties’ Protest President Obama’s Tax and Spending Policies.” USA Today wrote, “What started out as a handful of people blogging about their anger over federal spending — the bailouts, the $787 billion stimulus package and Obama’s budget — has grown into scores of so-called tea parties across the country.”

It’s hard to put specific cuts, especially COLAs and the like, on protest signs; but I think it’s fair to say that the tea-party crowds were complaining about excessive spending and “generational theft.”