Tag: Tea Party

Kagan Nomination Launches Constitutional Debate

By
Ilya Shapiro

As expected, and despite an exhaustive review of shortlist candidates, dead-end leaks about Hillary Clinton, and other distractions, President Obama settled on the long-time prohibitive favorite to be his next Supreme Court nominee.  Elena Kagan became the justice-in-waiting the moment Sonia Sotomayor was confirmed, so you didn’t have to be Tom Goldstein to have predicted this.  The president wanted a highly credentialed non-judge who would serve for a long time and wouldn’t cost too much political capital.  He got a 50-year-old solicitor general and former dean of Harvard Law School – the first female in each post – whose record the Senate (and media, and activists) already examined in a confirmation process that put her into her current post.  That her appointment would put three women on the high court for the first time also doesn’t hurt.

Kagan is certainly not the worst possible nominee from among those in the potential pool – that would’ve been Harold Koh, had President Obama been most inclined to appoint the first Asian-American justice – but others would have been better in various ways.  Although all Democratic nominees would be expected to have similar views on hot-button “culture war” issues like abortion, gay rights and gun control, Diane Wood is a renowned expert on antitrust and complex commercial litigation, for example, and Merrick Garland would almost certainly bring a stronger understanding of administrative law.  Although some on the left are concerned that replacing Justice John Paul Stevens with Kagan “moves the Court to the right,” there is no indication that the solicitor general is anything but a standard modern liberal, with all the unfortunate views that entails on the scope of federal power.  Another concern is her mediocre performance in her current position – the choices of which legal arguments to make from those available to her in defending federal laws in Citizens United and United States v. Stevens, for example, were not strategically sound – though she may well be better suited to a judicial rather than advocacy role.

In any event, with Democrats still holding a 59-seat Senate majority, Elena Kagan’s confirmation is in no doubt whatsoever.  The more interesting aspect of the next couple of months, culminating in hearings before the Judiciary Committee, will be the debate over the meaning of the Constitution and what limits there are to government action.  In an election year when a highly unpopular and patently unconstitutional health care “reform” was rammed through Congress using every procedural gimmick imaginable, voters are more sensitive to constitutional discourse now than they have been in decades.  From bailing out the financial and auto industries to fining every man, woman and child who doesn’t buy a government-approved health insurance policy – and, coming soon, regulating carbon emissions – the Obama administration is taking over civil society at a rate that alarms Americans and fuels both Tea Party populism and interest in libertarian policy solutions (which Cato is happy to offer but wishes were implemented on the front end instead of being invoked as a response to destructive statism).  The Kagan nomination is the perfect vehicle for a public airing of these important issues.

Senators should thus ask questions about the meaning of the Commerce Clause, the Necessary and Proper Clause, and the General Welfare Clause, to name but three provisions under which courts have ratified incredible assertions of federal power divorced from those the Constitution discretely enumerates.  If Elena Kagan refuses to answer such queries substantively – employing the usual dodge that she may be called upon to interpret these clauses as justice – we can rightfully hold that response against her, as she herself counseled in a law review article 15 years ago.

Topics: 
Government and Politics, Law and Civil Liberties

Mark Penn Mourns the Plight of Libertarian Voters

By
David Boaz

Mark Penn, who has been a pollster and consultant to the presidential campaigns of Bill and Hillary Clinton, John Anderson, and Ross Perot, writes about political discontent in Britain and the United States in the Washington Post today, noting that in this country

socially liberal and fiscally conservative voters believe, especially after what happened with health care, that they have no clear choice: They must sign on with the religious right or the economic left.

Exactly the point that David Kirby and I have been making in our studies on the libertarian vote, as in the first line of this January study:

Libertarian — or fiscally conservative, socially liberal — voters are often torn between their aversions to the Republicans’ social conservatism and the Democrats’ fiscal irresponsibility.

Libertarian-leaning voters are a large swing vote, and they do indeed find problems with both parties. As parties increasingly cater to their “base,” libertarian-leaning independents find themselves dissatisfied with both liberal Democrats and conservative Republicans. We noted in our first study, “The Libertarian Vote,” that according to the 2004 exit polls, “28 million Bush voters support[ed] either marriage or civil unions for same-sex couples” and “17 million Kerry voters … thought government should not … ‘do more to solve problems.’” That was 45 million voters who didn’t seem to fit neatly into the red-blue, liberal-conservative dichotomy.

But Penn is on less solid ground in his next line:

It is just a matter of time before they demand their own movement or party.

Movement, maybe. The Ron Paul campaign certainly appealed to antiwar, small-government voters. And the Tea Party movement focuses almost exclusively on economic and constitutional issues, making it more appealing to libertarians than typical conservative organizations. Meanwhile, as the Tea Party opposition to the Democrats’ big-government opposition surges, so does progress toward marriage equality and rational drug reform. Maybe those various libertarian-leaning groups will find each other. But a new party is a much bigger challenge. It’s no accident that the only third party that achieved even modest success in recent history was headed a billionaire who was also a celebrity, Ross Perot. Ballot access laws, campaign finance restrictions, exclusion of third-party candidates from debates and media coverage, single-member districts – all make it difficult to start a successful third party. It may also be the case that moderates, who tend not to be very angry, and libertarians, who don’t really much like politics, are particularly ill suited to undertake the massive amount of work that a new party requires.

But Penn is absolutely right to point to the plight of “socially liberal and fiscally conservative voters,” forced in every election to ”sign on with the religious right or the economic left.”

Topics: 
General, Government and Politics

Lobbying R Us

By
David Boaz

Think Washington lobbying is just for the big-money interests? Think you could never afford a lobbyist yourself? Well, think again! At Crazy Eddie’s Lobbying Service, our prices are insane!

The firm is actually called Keys to the Capitol. It was started not by Crazy Eddie or Sy and Marcy Syms, but by Paul Kanitra, who’s happy to call it McLobbying. Keys to the Capitol

targets small towns, humble associations and others of modest means that can’t even consider signing the $10,000-a-month retainers required by many top Washington firms. Instead, Kanitra’s company offers contracts starting at $995, month-to-month agreements and prices and other details spelled out on the company’s Web site.

Want some government money? Want to regulate your competitors? Come on down to Keys!

Now of course it might be that the new, low-priced, easy-to-understand lobbying firm would be helping people get government off their backs. Sort of a “leave us alone” lobbyist for Tea Party times.

Get real. What do you think those small towns want? They’re not hiring a Washington lobbyist, even a cheap one, to get government off their backs. They want a piece of that stimulus money, or that Race to the Top money, or that highway money, or whatever. And take a look at the Washington Post’s description of one of Keys’s first clients,

the aptly named Louie Key, national director of the 3,000-member Aircraft Mechanics Fraternal Association of Aurora, Colo. Key was shopping around for a lobbyist to help his union on several federal issues, including persuading lawmakers to tighten oversight of repair stations that use unlicensed mechanics.

That’s right. This little ol’ association just wanted a nice simple law to impose new regulatory burdens on their cheaper competitors. That’s Washington in a nutshell. As long as the government has favors to hand out, people will pay lobbyists to get access. So come on down and get yours!

Topics: 
Government and Politics

Advice to Tea Partiers

The Tea Party movement may endure, but its endurance will be a testament to its ability to understand that cutting government means having a long-term focus, says John Samples, author of the Cato book The Struggle to Limit Government.  In a new video, Samples outlines an assessment of what Tea Partiers should do if they want to sustain an effort to cut government.

He offers five pieces of advice for members of the Tea Party movement:

1. Republicans aren’t always your friends.

2. Some tea partiers like big government.

3. Democrats aren’t always your enemies.

4. Smaller government demands restraint abroad.

5. Leave social issues to the states.

Topics: 
Cato Publications, Government and Politics

Are Libertarians Anti-Government?

By
David Boaz

The term “anti-government” is getting tossed around a lot these days, and used rather indiscriminately to describe libertarians, libertarian-ish Tea Partiers, hate groups, and violent individuals (not to mention opponents of specific leaders and regimes in countries around the world). That’s a pretty wide spectrum, and journalists and politicians ought to be more careful with their language. In the meantime, I’m republishing here a Cato Policy Report editorial that I published in 1998:

————–

For the past several years, especially since the Oklahoma City bombing, the national media have focused a lot of attention on “anti-government” extremists. Libertarians, who are critical of a great deal that government does, have unfortunately but perhaps understandably been tossed into the “anti-government” camp by many journalists.

There are two problems with this identification. The first and most obvious is that many of the so-called anti-government groups are racist or violent or both, and being identified with them verges on libel.

The second and ultimately more important problem is that libertarians are not, in any serious sense, “anti-government.” It’s understandable that journalists might refer to people who often criticize both incumbent officeholders and government programs as “anti-government,” but the term is misleading.

A government is a set of institutions through which we adjudicate our disputes, defend our rights, and provide for certain common needs. It derives its authority, at some level and in some way, from the consent of the governed.

Libertarians want people to be able to live peacefully together in civil society. Cooperation is better than coercion. Peaceful coexistence and voluntary cooperation require an institution to protect us from outside threats, deter or punish criminals, and settle the disputes that will inevitably arise among neighbors—a government, in short. Thus, to criticize a wide range of the activities undertaken by federal and state governments—from Social Security to drug prohibition to out-of-control taxation—is not to be “anti-government.” It is simply to insist that what we want is a limited government that attends to its necessary and proper functions.

But if libertarians are not “anti-government,” then how do we describe the kind of government that libertarians support? One formulation found in the media is that “libertarians support weak government.” That has a certain appeal. But consider a prominent case of “weak government.” Numerous reports have told us recently about the weakness of the Russian government. Not only does it have trouble raising taxes and paying its still numerous employees, it has trouble deterring or punishing criminals. It is in fact too weak to carry out its legitimate functions. The Russian government is a failure on two counts: it is massive, clumsy, overextended, and virtually unconstrained in scope, yet too weak to perform its essential job. (Residents of many American cities may find that description a bit too close for comfort.)

Not “weak government,” then. How about “small government”? Lots of people, including many libertarians, like that phrase to describe libertarian views. And it has a certain plausibility. We rail against “big government,” so we must prefer small government, or “less government.” Of course, we wouldn’t want a government too small to deter military threats or apprehend criminals. And Washington Post columnist E. J. Dionne, Jr., offers us this comparison: “a dictatorship in which the government provides no social security, health, welfare or pension programs of any kind” and “levies relatively low taxes that go almost entirely toward the support of large military and secret police forces that regularly kill or jail people for their political or religious views” or “a democracy with open elections and full freedom of speech and religion [which] levies higher taxes than the dictatorship to support an extensive welfare state.”

“The first country might technically have a ‘smaller government,’” Dionne writes, “but it undoubtedly is not a free society. The second country would have a ‘bigger government,’ but it is indeed a free society.”

Now there are several problems with this comparison, not least Dionne’s apparent view that high taxes don’t limit the freedom of those forced to pay them. But our concern here is the term “smaller government.” Measured as a percentage of GDP or by the number of employees, the second government may well be larger than the first. Measured by its power and control over individuals and society, however, the first government is doubtless larger. Thus, as long as the term is properly understood, it’s reasonable for libertarians to endorse “smaller government.” But Dionne’s criticism should remind us that the term may not be well understood.

So if we’re not anti-government, and not really for weak or small government, how should we describe the libertarian position? To answer that question, we need to go back to the Declaration of Independence and the Constitution. Libertarians generally support a government formed by the consent of the governed and designed to achieve certain limited purposes. Both the form of government and the limits on its powers should be specified in a constitution, and the challenge in any society is to keep government constrained and limited so that individuals can prosper and solve problems in a free and civil society.

Thus libertarians are not “anti-government.” Libertarians support limited, constitutional government—limited not just in size but, of far greater importance, in the scope of its powers.

Topics: 
Political Philosophy

Stevens Retirement Ill-timed for Dems

By
Roger Pilon

The retirement of Justice John Paul Stevens at the end of the Supreme Court’s current term, and the coming nomination and confirmation process, will doubtless further complicate and delay the Obama administration’s already complicated agenda during this mid-term election year. And the timing cannot be good news for Democrats running for reelection, because the process will serve to highlight their understanding of the Constitution as a document authorizing all but unlimited government in a year in which, thanks to the Tea Party movement, the Constitution is likely to have a prominent place in reelection debates.

Regarding a replacement for Justice Stevens, the nominee will almost certainly come from the Democratic Party’s liberal ranks. As a result, the ideological complexion of the Court is not likely to change, since Justice Stevens, especially in recent years, has been the most reliable liberal vote on the Court, whether on abortion, campaign finance, gun rights, affirmative action, or several other hot-button issues. As the press reviews those decisions over the coming weeks and months, therefore, controversy over the Court will be in the air, adding to what already promises to be a very political year.

Topics: 
Law and Civil Liberties

The Establishment Is Offended

By
Roger Pilon

Today Politico Arena asks:

Should Republican leaders be doing more to reign in the rhetoric?

My response:

One hesitates to weigh in on this mud-slinging for fear of getting muddy oneself.  But neither should commentary on Republican and tea-party reaction to Sunday’s House vote be left to the suddenly self-righteous Democratic left:  After all, it’s their appalling disregard for democratic principles and processes that gave rise to the weekend’s demonstrations and outbursts.  So a few points are in order, simply to put things in perspective.

First, let’s not leap to factual conclusions.  Last evening the Lehrer News Hour reported (along with Politico this morning) that Rep. Randy Neugebauer shouted “baby killer” as Rep. Bart Stupak was speaking Sunday night.  Yet NPR reported that Neugebauer actually shouted “It’s a baby killer” – referring to the bill, not to Stupak.  Neither version is acceptable, but there is a difference.  Likewise, claims about protesters’ taunts should be treated cautiously as well, especially since they’ve been denied, and as yet no footage has emerged to support them.  Yet we see here at the Arena this morning that Harvard’s Theda Skocpol is writing, without a shred of evidence, that ”Quite a few Republican public officials are even flirting with threats of violence against political figures they oppose.”  So let’s not pretend that the right has a corner on irresponsibility.

Second, even if the claims about protesters’ taunts prove to be true, how is that a warrant for condemning the entire tea-party movement, or the Republican party, as many on the left are doing?  No broad political movement can control its every “member.”  Yet we find people like House Majority Whip Jim Clyburn saying that GOP leaders “ought to be ashamed of themselves for bringing these people here to Washington.”  Perhaps Rep. Clyburn has forgotten that we still have the right to protest.  That’s what the first tea party was about.  And let’s remember that George Washington had to wade into the “mob” from time to time to keep order.

And that brings me to a final point.  The symbolism of the Democratic left’s hostility to the “tea baggers” should not go unnoticed.  The tea party movement’s roots are in the American Revolution.  These ordinary Americans are protesting the Washington ”Establishment” – which presently is the Democratic juggernaut – much as American Patriots were protesting the oppressive British Establishment that was “eating out their substance” with “a long train of abuses and usurpations.”  The Democratic left should think long and hard about those parallels.  The times they are a-changin’.

Topics: 
General, Government and Politics

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