Topic: General

The Syria AUMF: Be Careful What You Vote For

Whatever his motivations, it’s good that President Barack Obama has departed from past practicelet the Tomahawks fly and Congress be damnedand gone to the people’s representatives so they can stand and be counted. 

But, as I note in today’s Washington Examinerthat vote isn’t without danger. The draft authorization for the use of military force the administration circulated Saturday is strikingly broad. And if we know anything from the history of past AUMFs, it’s that presidents will push the authority they’re given as far as language will allow—and possibly further. 

In his Rose Garden press conference Saturday, Obama said “we would not put boots on the ground.” The action he’s contemplating would be “limited in duration and scope.” Just a “shot across the bow”—a light dusting of cruise missiles.  

The draft AUMF says no such thing:

  • It authorizes the president to use U.S. “armed forces,” not just air power. 
  • He can do that “as he determines to be necessary and appropriate,” so long as it’s “in connection” with use of unconventional weapons in Syria—and again, he determines what connection exists.
  • It doesn’t limit him to striking Syrian government forces, and it doesn’t limit him to Syria. It’s loose enough, as former Bush Office of Legal Council head Jack Goldsmith points out, to allow the president to wage war against Iran or Hezbollah in Lebanon, so long as “he determines” there’s some connection to WMD in Syria.
  • And it doesn’t contain a “sunset clause” time-limiting the authority granted—which means that authority will be available for future presidents as well. 

As a reminder, here’s LBJ announcing his decision to go to Congress for the Gulf of Tonkin Resolution, piously intoning that “we Americans know, though others appear to forget, the risks of spreading conflict. We still seek no wider war.”

 

The More Things Change, the More They Stay the Same

The following headlines were on a magazine cover I saw over the weekend: 

  • “Why People are Mad at Washington” 
  • “Less Zip in Business” 
  • “Republican Split” 
  • “New York on Brink Again” 
  • “Mideast War Jitters” 

With, perhaps, the exception of the headline about New York, one could easily conclude that the magazine is a current issue. However, that’s not the case. The cover actually belongs to the June 21, 1976 issue of U.S. News & World Report.

 

My parents kept it because that was the day I was born. Evidence, I believe, that God has a sense of humor. I can’t help but wonder though: will headlines in another 37 years be that much different?

A Dream on Hold

Matt Yglesias today cites data to the effect that, while the gap between blacks and whites in completing high school has been steadily closing in recent decades, racial gaps in income and wealth have remained stubbornly large. This discrepancy suggests that blacks have made real progress in raising their relative skill levels but for some reason they aren’t reaping the rewards of that progress in the workplace.

Alas, the solution to this puzzle is that the purported racial progress in the classroom is in fact a statistical mirage. The big problem is that the official stats on high school completion rates count GED holders as high school completers, despite the fact that both economic and social outcomes for GED holders much more closely resemble those for high school dropouts than those for people who actually earn a high school diploma. And it turns out that the GED program is used disproportionately by blacks – to a significant extent because black inmates are earning them in prison. So a big increase in GED certifications for blacks is portrayed as educational progress when in fact it is a byproduct of socially catastrophic mass incarceration.

Nobel Prize-winning economist James Heckman from the University of Chicago and coauthor Paul LaFontaine have found that only about 65 percent of blacks finish high school with a diploma, far below the level indicated by the official stats on high school completion. Furthermore, they find no evidence of black-white convergence in high school graduation rates over the past 35 years. Along similar lines, a study by Derek Neal of the University of Chicago found that the black-white gap in educational attainment stopped shrinking around 1990. Neal also looked at test scores and reached similar conclusions: convergence in black-white test score gaps came to a halt in the late 1980s.

The sad fact is that, after great progress through much of the 20th century, racial disparities in human capital levels have remained stuck for decades. The problem isn’t that the marketplace is shortchanging blacks for their rising job skills; the problem is that blacks’ job skills are still so low. This, in turn, is part of a much larger slowdown in human capital accumulation that I talk about in my most recent book.

Big Business Gets Yet Another Obamacare Delay That Individuals Don’t

“I didn’t simply choose to delay this on my own,” President Obama reassured the nation about his unilateral decision to delay Obamacare’s employer mandate. “This was in consultation with businesses all across the country,” he said, as if that made the situation better instead of worse. Obama threw his “consultants” another bone when he decided to delay the reporting requirements the law imposes on employers, also until 2015. The president’s generosity toward large corporations will be financed by the American taxpayer. The Congressional Budget Office projects these delays will cost taxpayers another $3 billion in new government spending and reduce federal revenues by $9 billion, for a total increase in the federal debt of $12 billion. Yet the president fails to show the same concern for individual taxpayers. When the House of Representatives, including dozens of Democrats, voted to extend the same break to individuals by delaying Obamacare’s individual mandate by one year, President Obama threatened to veto that bill. Bizarrely, he also threatened to veto another bill (approved by an even broader bipartisan majority) that would make legal his illegal delay of the employer mandate.

So perhaps we should not be too surprised now that the New York Times reveals yet another delay the president approved at the behest of big business:

In another setback for President Obama’s health care initiative, the administration has delayed until 2015 a significant consumer protection in the law that limits how much people may have to spend on their own health care.

The limit on out-of-pocket costs, including deductibles and co-payments, was not supposed to exceed $6,350 for an individual and $12,700 for a family. But under a little-noticed ruling, federal officials have granted a one-year grace period to some insurers, allowing them to set higher limits, or no limit at all on some costs, in 2014…

[F]ederal officials said that many insurers and employers needed more time to comply because they used separate companies to help administer major medical coverage and drug benefits, with separate limits on out-of-pocket costs…

A senior administration official, speaking on condition of anonymity to discuss internal deliberations, said: “We knew this was an important issue. We had to balance the interests of consumers with the concerns of health plan sponsors and carriers, which told us that their computer systems were not set up to aggregate all of a person’s out-of-pocket costs. They asked for more time to comply.”…

Theodore M. Thompson, a vice president of the National Multiple Sclerosis Society, said: “The promise of out-of-pocket limits was one of the main reasons we supported health care reform. So we are disappointed that some plans will be allowed to have multiple out-of-pocket limits in 2014.”

It is a sign of Obamacare’s complexity that the Obama administration felt it needed to issue this delay. It is a further sign of the law’s complexity that this delay was announced in February, yet is only coming to light now.

Guess Who’s One of the Hill’s ‘100 People to Watch This Fall’

I guess I’ll have to tout this myself. Last week, the Hill newspaper put me on its list of “the 100 people you can’t ignore this fall if you’re wondering how events in Congress and the White House will play out.” Here’s the write-up

Michael Cannon Director of health policy studies at the Cato Institute
 
Think the Supreme Court has settled the question of ObamaCare’s legality? Not if Cannon has anything to say about it. Cannon is a tireless advocate for the argument that the IRS has illegally implemented the healthcare law’s insurance subsidies, which will help low-income households cover the cost of their premiums. 
 
His argument is that healthcare law, as written, does not allow for the subsidies to be used in healthcare marketplaces that are set up by the federal government.
 
He helped the state of Oklahoma file a lawsuit against the subsidies, and a group of small businesses filed a separate suit on the same grounds, in case Cannon’s runs into procedural roadblocks.
 
If the lawsuits Cannon has spearheaded are successful, they could have a devastating impact on the healthcare law. A final decision in favor would stop the flow of tax subsidies to people in more than half of the states, making ObamaCare far less attractive to consumers and stripping away much of the law’s promise of affordability.

Corrections and amplifications. The argument is as much Jonathan Adler’s as mine; we develop it together in this law-journal article. The argument is not that the IRS is illegally implementing otherwise lawful subsidies; it is that the IRS is trying to dispense some $700 billion in illegal subsidies that Congress expressly did not authorize, and impose illegal taxes on millions of employers and individual Americans starting in 2014; that the Obama administration is attempting to tax, borrow, and spend nearly $1 trillion without congressional authorization. Finally, I am neither a party nor counsel nor financier to either Pruitt v. Sebelius or Halbig v. Sebelius.

More Americans Going Galt

President Obama promised he would unite the world…and he’s right.

Representatives from all parts of the globe have bitterly complained about an awful piece of legislation, called the Foreign Account Tax Compliance Act (FATCA), that was enacted back in 2010.

Michael Ramirez/Investor's Business Daily(Michael Ramirez/Investors Business Daily)

They despise this unjust law because it extends the power of the IRS into the domestic affairs of other nations. That’s an understandable source of conflict, which should be easy to understand. Wouldn’t all of us get upset, after all, if the French government or Russian government wanted to impose their laws on things that take place within our borders?

But it’s not just foreign governments that are irked. The law is so bad that it is causing a big uptick in the number of Americans who are giving up their citizenship.

Here are some details from a Bloomberg report.

Americans renouncing U.S. citizenship surged sixfold in the second quarter from a year earlier… Expatriates giving up their nationality at U.S. embassies climbed to 1,131 in the three months through June from 189 in the year-earlier period, according to Federal Register figures published today. That brought the first-half total to 1,810 compared with 235 for the whole of 2008. The U.S., the only nation in the Organization for Economic Cooperation and Development that taxes citizens wherever they reside.

I’m glad that the article mentions that American law is so out of whack with the rest of the world.

Obama Administration Should Close NATO Door to Georgia

Although many members of the defense establishment haven’t seemed to notice, the Evil Empire collapsed. The Soviet Union is gone, along with the Warsaw Pact. Europe is wealthier than America. Why is Washington still pushing to expand NATO?

In May, Secretary of State John Kerry announced that “We are very supportive of Georgia’s aspirations with respect to NATO.” In June NATO Secretary General Anders Fogh Rasmussen visited Tbilisi, where he said that once Tbilisi made needed reforms “the burden will be on us to live up to our pledge that Georgia will be a member of NATO.”

Alas, the biggest burden of adding Tbilisi would fall on the United States. The administration should halt the process before it proceeds any further.

The North Atlantic Treaty Organization was created to contain Joseph Stalin’s Soviet Union. The U.S.S.R.’s demise left NATO without an enemy. The alliance desperately looked for new duties, finally settling on “out-of-area” responsibilities. 

In essence, the alliance would find wars to fight elsewhere, such as in Afghanistan and Libya, while expanding eastward toward Moscow. That process continues today. For instance, Rasmussen declared: “Georgia’s full Euro-Atlantic integration is a goal we all share” 

That’s a dumb idea. Georgia would be a security liability to the United States and Europe.