Tag: Washington Post

My Favorite Constitutional Right

Both the Washington Post and NPR refer to the Tenth Amendment as a “tea party favorite.” I would have thought that tea partiers – and most of the rest of us – liked all 10 of the Bill of Rights, and indeed the rest of the Constitution as well. Now, sure, I guess if the ACLU could publish (in the 1970s or 1980s) the poster below, an “illustrated guide to the Bill of Rights” featuring only the First, Fourth, Fifth, Sixth, Eighth amendments (and only parts of those), along with the Fourteenth, Fifteenth, and Nineteenth amendments, which are not part of the Bill of Rights – well, then, I guess the Tea Party is entitled to have its own favorite parts of the Bill of Rights. But then, it was NPR and the Washington Post, not tea partiers, who suggested that the Tenth Amendment was perhaps uniquely a “tea party favorite.” I would urge the ACLU, the Tea Party, and all other Americans who care about freedom to consider the entire Constitution a “favorite.” Of course, the Tenth Amendment is pretty crucial, reminding policymakers that the federal government does not have any powers not delegated to it in the Constitution.

The Real Scandal of Farm Subsidies

When the Washington Post published a story in 2007 about how dead farmers had received farm subsidies to the tune of over $1bn, most people were horrified (even “farm subsidy moderate” Rand Paul thought they should go!). Although the article made clear that “most estates are allowed to collect farm payments for up to two years after an owner’s death,” and that the payments weren’t necessarily fraudulent, outrage ensued.

But a follow-up investigation by the USDA has found that all but about $1 million of the payments were completely above board. From the Associated Press:

A 2007 report that the federal government had paid $1.1 billion in subsidies to dead farmers sparked an outcry and has been frequently cited by critics who considered the payments a blatant example of wasteful spending. But a follow-up that found no fraud and determined nearly all the subsidies paid on behalf of dead farmers in recent years were proper has received little attention.

According to the U.S. Department of Agriculture’s Farm Service Agency, just a little over $1 million out of the billions of dollars paid in subsidies in 2009 went to estates or business entities that weren’t entitled to them.

Very little money is going to individuals who have not earned that money. Very little is being paid in error because a farmer has passed away,” FSA Administrator Jonathan Coppess told The Associated Press. [emphasis mine]

Don’t you just love how Mr Coppess uses the word “earned” there?

That’s the real scandal of farm subsidies, readers. Not that they are fraudulent (although that is of course an outrage), but that they are, for the most part, perfectly legal.

As If Gov’t Spending Had Nothing to Do with It

This is how a front-page story in this morning’s Washington Post portrayed the cause of this year’s $1.5 trillion deficit:

Record U.S. Deficit Projected This Year
CBO forecasts tax cuts will push budget gap to $1.5 trillion

The still-fragile economy and fresh tax cuts approved by Congress last month will drive the federal deficit to nearly $1.5 trillion this year, the biggest budget gap in U.S. history, congressional budget analysts said Wednesday.

Federal spending and federal tax revenue play equally important roles in creating the federal budget deficit.  Yet the Post blames the deficit only on inadequate tax revenue.  Federal spending isn’t too high, the Post implies, tax revenue is too low.

This may not be an example of media bias.  But it is an example of why supporters of limited government believe that major news organizations like the Washington Post are biased toward bigger government.  At a minimum, the Post has some explaining to do.

Education and Society

The Washington Post’s Valerie Strauss asserted yesterday that “public education is a civic institution” and laments that it is seldom talked about as such (kindly citing our upcoming Cloning “Superman” event in the process).

Certainly the way children are educated can have a powerful impact on the kind of society they go on to build. And there are many social goals on which Americans strongly agree: that schools should prepare children for the responsibilities of citizenship as much as for success in private life; that they should encourage harmonious relations among people of different backgrounds (or at least not foment conflict); and that they should ensure that every child, regardless of background, has access to a quality education.

But does anyone seriously believe that our existing school system is doing a satisfactory job in any of these areas? I doubt that Ms. Strauss herself believes that, and suspect that she was merely expressing the view that our education system should do these things rather than claiming that it already was. Consider the hundreds of community conflicts around the country documented by my colleague Neal McCluskey as having been caused by public schools in a single year. Consider, too, the literature review performed by the University of Arkansas’ Patrick Wolf showing that the civic outcomes of freely chosen (usually private) schools are consistently superior to those of public schools, after controlling for differences in student and family background. And one needn’t have seen the documentary Waiting for Superman to realize that public schools have been failing far too many children, especially poor and minority children, for far too long.

If we are to remedy these profound shortcoming in American education, our best hope is to set aside our preconceptions about what kind of school systems should produce the social goods we seek, and instead ask which systems actually do produce them.

Having reviewed the worldwide econometric literature of the past 25 years, I’ve found that it is the most marketlike education systems that have consistently done the best job of serving disadvantaged children (indeed, all children) both here and abroad. Wolf’s literature review also favors private schools in their civic outcomes. And when people can get the sort of education they value for their own children without being compelled to impose their preferences on their neighbors, the conflicts caused by public schooling are avoided. Even with regard to meaningful integration among children of different racial and ethnic backgrounds, the private education sector performs as well or better than the state sector.

If Ms. Strauss or anyone else has compelling evidence to the contrary, I’ll be interested to hear of it. And if she or anyone else would like to know what the social impact of decades of private school choice has been in a communitarian nation like Sweden, they’re welcome to come to Cato and ask Peje Emilsson on the 28th of this month.

Another Dubious Record in Mexico’s Drug War

Mexico ends 2010 with 15,000 illicit drug-related murders for the year—a record for the Calderon administration that began its term four years ago by declaring an all-out war on drug trafficking. Drug war violence skyrocketed since Calderon took office, claiming more than 30,000 lives. Though it is an unwinnable war whose consequences also include the rise of corruption and the weakening of the institutions of civil society, it is being used by drug warriors and skeptics alike to push for pet projects ranging from increased development aid to more military cooperation.

A recent example comes from the Washington Post this week. It editorialized in favor of an Obama administration plan to stem the flow of arms to Mexico, and it ran a story the same day citing the claim that 90 percent of guns in Mexico’s drug war come from the United States (though the Post also noted that the Mexican and U.S. governments refuse to release the results of their weapons traces). My colleague David Rittgers notes here that the proposed gun regulation is unlawful and here he has explained that a more realistic figure for guns of U.S. provenance is about 17 percent. In a Cato bulletin earlier this year, former Mexican foreign minister Jorge Castañeda calculated a similar figure and explained why attempts at controlling the trade in U.S. arms are a waste of time:

In fact, we only know with certainty that about 18 percent of guns come from the United States, according to Mexican and U.S. sources. The rest is surely coming from Central America, countries of the former Soviet Union, and beyond. And as countries as diverse as Brazil, Paraguay, Somalia, and Sudan attest — all countries with a higher arms per capita than Mexico — you don’t need a border with the United States to gain easy access to guns. Nevertheless, the possibilities of really limiting the sales of weapons in the United States is not imminent, to put it mildly. Moreover, asking the United States to stop arms trafficking from north to south is like asking Mexico to control its border from south to north, whether it is for drugs, people, or anything else. It’s not going to happen.

TSA’s Strip/Grope: Unconstitutional?

Writing in the Washington Post, George Washington University law professor Jeffrey Rosen carefully concludes, “there’s a strong argument that the TSA’s measures violate the Fourth Amendment, which prohibits unreasonable searches and seizures.” The strip/grope policy doesn’t carefully escalate through levels of intrusion the way a better designed program using more privacy protective technology could.

It’s a good constutional technician’s analysis. But Professor Rosen doesn’t broach one of the most important likely determinants of Fourth Amendment reasonableness: the risk to air travel these searches are meant to reduce.

Writing in Politico last week, I pointed out that there have been 99 million domestic flights in the last decade, transporting seven billion passengers. Not one of these passengers snuck a bomb onto a plane and detonated it. Given that this period coincides with the zenith of Al Qaeda terrorism, this suggests a very low risk.

Proponents of the TSA’s regime point out that threats are very high, according to information they have. But that trump card—secret threat information—is beginning to fail with the public. It would take longer, but would eventually fail with courts, too.

But rather than relying on courts to untie these knots, Congress should subject TSA and the Department of Homeland Security to measures that will ultimately answer the open risk questions: Require any lasting security measures to be justified on the public record with documented risk management and cost-benefit analysis. Subject such analyses to a standard of review such as the Adminstrative Procedure Act’s “arbitrary and capricious” standard. Indeed, Congress might make TSA security measures APA notice-and-comment rules, with appropriate accomodation for (truly) temporary measures required by security exigency.

Claims to secrecy are claims to power. Congress should withdraw the power of secrecy from the TSA and DHS, subjecting these agencies to the rule of law.

Secrecy or Privacy? The Power of Language

My friend Kelly Young notes (on Facebook) this Washington Post article on guns used in crimes:

I am awed again by the power of language. The Washingt0n Post today claims that government protection of the identity of lawful purchasers of legal weapons is “secrecy” to be “penetrated” for the sake of the paper’s reporting. It is not “privacy” that is “violated,” as with release of airport scans of travelers, gathering names of minors seeking abortions, and warrantless searches of homes. And how about those secret journalistic sources?

(Language cleaned up slightly, as the original was typed Blackberry-style.) He’s right. The word “privacy” doesn’t appear in the article. Maybe a cynics’ dictionary would read, “Privacy is the ability to keep facts about myself hidden from you. Secrecy is your keeping facts about yourself hidden from me.”