Tag: Thomas Jefferson

On July 4, Remember to Keep Your Republic!

As America celebrates its independence, even we foreigners who live here have much to celebrate. (I’m a Soviet-born naturalized Canadian who’s lived in the United States my entire adult life—finally got my green card three years ago—and like most immigrants, do a job Americans won’t: defending the Constitution.)

Indeed, those of us who voluntarily chose to come here very much appreciate all that native-born Americans take for granted: the rule of law, equality under the law, self-government whose very limitation protects liberty, freedom of speech and religion, property rights, and enforceable contracts. It is these things that have allowed the United States to become the land of opportunity—which is why it’s so heartbreaking when the rule of law is undermined, self-government debased, and individual liberty subverted such as has been the case throughout the entire ObamaCare debacle.

In this 225th year of the Constitution—Cato will celebrate the anniversary at our Constitution Day Symposium in September—we all need to remember that our founding document, the codification of that grand experiment in self-government which began on July 4, 1776, cannot protect our liberties if we do not act to enforce it. Benjamin Franklin explained that what the Framers has created was “a Republic, if you can keep it.” How do we keep it? A quote attributed to Thomas Jefferson is the perfect response: “The price of liberty is eternal vigilance.”

How will you demonstrate your vigilance? I’ll be doing so by speaking briefly about my favorite Federalist Paper, number 51 (“If men were angels…” at the Alexandria Tea Party’s Fourth of July Celebration. Hope to see you there, in person or in spirit!

Topics:

When the Government Lobbies Itself

“National Public Radio (NPR) is paying the lobbying firm Bracy, Tucker, Brown & Valanzano to defend its taxpayer funding stream in Congress, according to lobbying disclosure forms filed with the Secretary of the Senate,” reports Matthew Boyle at the Daily Caller. Once again, a government-funded entity is using its taxpayer funds to lobby to get more money from the taxpayers.

When the bailouts and takeovers started in 2008-9, I noted that there was lots of outrage in the blogosphere over revelations that some of the biggest recipients of the federal government’s $700 billion TARP bailout had been spending money on lobbyists. And I wrote:

It’s bad enough to have our tax money taken and given to banks whose mistakes should have caused them to fail. It’s adding insult to injury when they use our money — or some “other” money; money is fungible — to lobby our representatives in Congress, perhaps for even more money.

Get taxpayers’ money, hire lobbyists, get more taxpayers’ money. Nice work if you can get it.

At the same time, Dan Mitchell wrote that companies that received government money and then lobbied for more “deserve a reserved seat in a very hot place.” Taxpayer-funded lobbying is a scandal, but it’s a scandal that has been going on for decades:

As far back as 1985, Cato published a book, Destroying Democracy: How Government Funds Partisan Politics, that exposed how billions of taxpayers’ dollars were used to subsidize organizations with a political agenda, mostly groups that lobbied and organized for bigger government and more spending. The book led off with this quotation from Thomas Jefferson’s Virginia Statute of Religious Liberty: “To compel a man to furnish contributions of money for the propagation of opinions which he disbelieves is sinful and tyrannical.”

The book noted that the National Council of Senior Citizens had received more than $150 million in taxpayers’ money in four years. A more recent report estimated that AARP had received over a billion dollars in taxpayer funding. Both groups, of course, lobby incessantly for more spending on Social Security and Medicare. The Heritage Foundation reported in 1995, “Each year, the American taxpayers provide more than $39 billion in grants to organizations which may use the money to advance their political agendas.”

In 1999 Peter Samuel and Randal O’Toole found that EPA was a major funder of groups lobbying for “smart growth.” So these groups were pushing a policy agenda on the federal government, but the government itself was paying the groups to lobby it.

Taxpayers shouldn’t be forced to pay for the very lobbying that seeks to suck more dollars out of the taxpayers. But then, taxpayers shouldn’t be forced to subsidize banks, car companies, senior citizen groups, environmentalist lobbies, labor unions, or other private organizations in the first place.

‘1099’ Repeal Speaks Volumes About ObamaCare

From my latest Kaiser Health News op-ed:

When 34 Senate Democrats joined all 47 Republicans last week to repeal ObamaCare’s 1099 reporting requirement, their votes confirmed what their talking points still deny: ObamaCare will increase the deficit, no matter what the official cost projections say…

This public-choice dynamic [of concentrated benefits and diffuse costs] is why the Congressional Budget Office, the chief Medicare actuary, and even the International Monetary Fund have discredited the idea that ObamaCare will reduce the deficit. It is one of the principal reasons why, as Thomas Jefferson wrote, “The natural progress of things is for liberty to yield, and government to gain ground.” In other words, the game is rigged in favor of bigger government.

It also explains why the Obama administration is sprinting to implement ObamaCare in spite of a federal court having struck down the law as unconstitutional. The White House needs to get some concentrated interest groups hooked on ObamaCare’s subsidies – fast.

Read the whole thing here.

On Federal Education, Think Progress Should Think Harder

Over on the Think Progress blog, Ian Millhiser accuses Sen. Tom Coburn (R-Okla.) of never having read the Constitution. His grounds for the accusation? Coburn, citing Jefferson, doesn’t think that the Constitution gives the federal government authority to provide such things as Pell Grants and student loans.

Writes Millhiser:

Sen. Coburn might want to try actually read the Constitution before he pretends to know what it allows. Article I provides that “[t]he Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States,” a grant of power that unambiguously empowers Congress to raise funds and spend them on programs that are broadly beneficial to American welfare — such as education.

Moreover, while Coburn’s reference to Thomas Jefferson is true in the narrowest sense of the term, it also betrays Coburn’s ignorance of constitutional history. During the Washington Administration, Jefferson and James Madison led a minority coalition which believed that Congress’ constitutional power to spend money was too narrow to support spending programs such as the First Bank of the United States. President Washington, however, rejected their arguments. Moreover, while Coburn is correct that President Jefferson briefly referenced his narrow view of the Constitution in his 1806 State of the Union, Jefferson was an extreme outlier by this point in American history. Even Madison parted ways with Jefferson by the time Madison became president in 1809.

This might be a classic pot-kettle situation. At the very least, it is utterly impossible to say that the general welfare clause “unambiguously” empowers Congress to raise funds and spend them – with massive strings attached, of course – on education. Indeed, that the general welfare clause does anything other than introduce the specific, enumerated powers that follow it was expressly rejected by Madison in Federalist no.  41, in which he wrote:

For what purpose could the enumeration of particular powers be inserted, if these and all others were meant to be included in the preceding general power? Nothing is more natural nor common than first to use a general phrase, and then to explain and qualify it by a recital of particulars.

The general welfare clause, quite simply, confers no power – it just explains why the specific powers that follow it were given.

But didn’t Alexander Hamilton – who had Washington’s ear – reject that notion? Well yes, in his 1791 Report on Manufactures he suggested that the federal government could do almost anything as long as it was done in the interest of the entire nation. But his report was not only shelved by Congress at the time, Hamilton’s argument was quite different from what he wrote in the Federalist Papers. Though speaking  specifically of the taxation and  ”necessary and proper” clauses, in Federalist no. 33  Hamilton wrote that seemingly broad powers were given to Congress only to execute “specified powers:”

[I]t may be affirmed with perfect confidence that the constitutional operation of the intended government would be precisely the same, if the clauses were entirely obliterated, as if they were repeated in every article. They are only declaratory of a truth which would have resulted by necessary and unavoidable implication from the very act of constituting a federal government, and vesting it with certain specified powers [italics added]. This is so clear a proposition, that moderation itself can scarcely listen to the railings which have been so copiously vented against this part of the plan, without emotions that disturb its equanimity.

How about the argument that Jefferson’s quaint small-government beliefs were way out of date by 1806? Well, they sure weren’t on education.

For one thing, it is notable that President Washington probably had a more expansive view of the federal government’s role in education than one might expect. He wanted a national university, after all. But he didn’t get it – that notion was well out of sync with the limited federal government most Americans wanted. 

Next, Coburn was actually quoting Jefferson from Jefferson’s call for federal involvement in education, an idea that went nowhere because it would have constituted more federal intrusion – not less – than most Americans wanted. Indeed, Jefferson was generally on the big-government fringe of his time when it came to education. He only got the University of Virginia after four decades of trying, and never got the rudimentary public schooling system he wanted for Virginia.  Most people at the time simply didn’t think government’s role – especially the federal government’s – was to run education.

One last bit of information demonstrates just how truly mistaken Millhiser is in his attack on education ”tenthers.” In 1943 – when Franklin Delano Roosevelt was president – the United States Constitution Sesquicentennial Commission, under the direction of the president, the vice president, and the Speaker of the House, published The History of the Formation of the Union under the Constitution. It noted in a section titled “Questions and Answers Pertaining to the Constitution:”

 Q. Where, in the Constitution, is there mention of education?

A. There is none; education is a matter reserved for the states.

Even FDR’s people, apparently, didn’t find that the Constitution ”unambiguously” gave Washington authority to involve itself in education – quite the opposite!

In light of all this, it is clearly not Mr. Coburn who can reasonably be accused of having never read the Constitution. Indeed, not only has he almost certainly read it, it seems he has even taken the time to understand it.

Marijuana and Freedom

Looking to election day and California’s vote on a marijuana legalization initiative, I have some comments on “the right to control your body” at Britannica Blog:

People have rights that governments may not violate. Thomas Jefferson defined them as the rights of life, liberty, and the pursuit of happiness. When I’m asked what libertarianism is, I often say that it is the idea that adult individuals have the right and the responsibility to make the important decisions about their own lives. More categorically, I would say that people have the right to live their lives in any way they choose so long as they don’t violate the equal rights of others. What right could be more basic, more inherent in human nature, than the right to choose what substances to put in one’s own body? Whether we’re talking about alcohol, tobacco, herbal cures, saturated fat, or marijuana, this is a decision that should be made by the individual, not the government. If government can tell us what we can put into our own bodies, what can it not tell us? What limits on government action are there?

It’s part of a symposium on Proposition 19 and marijuana.

Constitution Day

On September 17, 1787, the Framers of the Constitution of the United States of America, having completed their work over that long hot summer, sent the document out to the states with the hope that conventions in the states, pursuant to Article VII, would see fit to ratify it. Nine months later, on June 21, 1788, New Hampshire became the ninth state to do so, making the Constitution effective between those states. Shortly thereafter, three more states ratified the document; and Rhode Island, the last, did so on May 29, 1790.

The Constitution was not perfect – what human creation is? – not least in its oblique recognition of slavery, believed necessary to ensure union. But it provided for amendment, as with the addition of the Bill of Rights in 1791 and the Civil War Amendments several decades later, which ended slavery and brought the Bill of Rights to bear upon the states. All things considered, especially when we look at the rest of the world, the Constitution has served us well, enabling us to prosper in greater freedom than most have ever enjoyed.

Over the past century, however, we’ve allowed governments at all levels to grow far more than the Framers ever would have imagined the Constitution allowed, until today the modern redistributive and regulatory state is everywhere upon us. James Madison, the principal author of the Constitution, wrote in Federalist 45 that the powers of the new government would be “few and defined,” leaving us largely free to plan and live our own lives. If we’re to restore that Constitution of limited government, it will take more than courts and “politics as usual” to do so. We’ve got to take the Constitution seriously not just on Constitution Day but on every day. Fortunately, there are stirrings in the nation today that suggest that ever more Americans are doing so. Thomas Jefferson said it best: “Eternal vigilance is the price of liberty.”

Vouchers, Tax Credits, and Social Conflict

Yesterday, I contended that education tax credits substantially avoid the compulsion inherent in school voucher programs – that vouchers compel all taxpayers to fund every kind of schooling (including ones they may strongly object to) whereas tax credits do not.

In his most recent response, NRO’s Robert VerBruggen disagrees. He writes

I don’t see how [tax credits do] anything whatsoever to change this, at least mathematically speaking. Whenever someone earmarks their tax dollars for a certain purpose — in this case, by “donating” to a voucher program and being reimbursed with a tax credit — the government has to devote a higher share of everyone else’s tax dollars to the rest of the budget. Non-”donating” taxpayers, therefore, subsidize the voucher program to the exact same degree they would have if the government funded it directly.

Let’s deal with the core of our disagreement by following the money. Under a voucher program, you pay your taxes as always, the money goes into a big government pot, and it pays for every type of schooling – including some that may violate your convictions. About this sort of thing, I agree with Thomas Jefferson, who wrote in the The Virginia Statute for Religious Freedom that:

to compel a man to furnish contributions of money for the propagation of opinions which he disbelieves is sinful and tyrannical

(Well, I agree with the tyrannical part, anyway).

Tax credit programs like Arizona’s are different. From the start, taxpayers are given a choice. If they wish, they may donate to any of a wide range of k-12 scholarship organizations that subsidize private school tuition, and receive a dollar for dollar tax cut to offset the cost. That portion of their money – and only that portion of their money – is then used for scholarships for private schooling. So far, there is no conviction-violating compulsion.

Alternatively, taxpayers may choose not to donate to any scholarship organization, in which case they pay their taxes as always and the money goes into the state treasury. From there, the only k-12 educational uses to which it can be put are funding the secular public and public charter school systems. In this scenario, none of the taxpayer’s money goes to fund religious instruction of any kind.

There is no intermixing of funds between these separate options. There are two different pots of money, and each individual taxpayer decides which pot will receive his money.

It is not true that “the government has to devote a higher share of everyone else’s tax dollars to the rest of the budget,” because the government is no longer financially responsible for the education of children once they accept scholarships. To understand this, we again just have to follow the money.

For example, imagine that half of all taxpayers donate to the scholarship program, and half do not. Are the half that do not make donations “subsidiz[ing] the [scholarship students] to the exact same degree” as if it were a voucher? No. Under a voucher program, every taxpayer would be paying some portion of the cost of the program. With tax credits, the entire cost of the private school scholarships is being borne by those taxpayers who are making the donations. The taxes still being paid by non-donors do not go toward scholarships and they do not go up. On the contrary, if anything, the taxes paid by non-donors go down.

Educating students in private schools via scholarship programs costs less than placing them in government schools. The more students leave the government system for independent schools, the less it costs to operate the government schools. [And anyone out there who thinks that fixed costs are dominant in the public school sector should consult the relevant econometric literature. I and others have done marginal cost estimates of public schooling and found it to be in the 80 to 85 percent range – so when a child leaves the public school system, the system saves almost the entire average per-pupil cost.] And as the cost of the public school system goes down, the amount of revenue that needs to be appropriated for it goes down as well. In most states, state level public school appropriations are tied to enrollment, so appropriations will fall as students leave the government system.

The only scenario in which non-donating taxpayers could be said to have an “increased” tax burden due to an an education tax credit program is one in which there was never a tax-funded government school system in the first place. Then, there would be no savings from moving children out of public schools. But even in that fictional scenario, no taxpayer would be forced to pay for devotional religious instruction. They would always have the choice of donating to secular scholarship organizations, if they so wished.

So credits don’t suffer the same conviction-violating, conflict-generating, compulsion problem that afflicts vouchers.

I should add, of course, that public schools are much worse than vouchers in this regard. The conventional public school system not only forces all taxpayers to fund a single official government organ of education, sparking endless battles over what is taught, it puts huge financial pressure on all families to place their kids in that system, by virtue of its lavish funding monopoly. How a nation founded on liberty was ever lured into adopting such a compulsion-laden, Balkanizing system is a very interesting story of its own.