Topic: Government and Politics

Supreme Court To Hear Landmark Case

The Supreme Court just announced that it will decide a landmark lawsuit concerning the constitutionality of the District of Columbia’s ban on guns. This is terrific news. My colleague, Bob Levy, senior fellow in constitutional studies here at Cato, is the prime mover behind the lawsuit. The whole idea of challenging the DC ban several years ago was to get a good Second Amendment case to the Supreme Court, i.e. plaintiffs who were responsible people who simply wanted to keep a handgun in their home for self-defense purposes. The Court will be hearing arguments in the case early next year and we can expect a ruling in the case by late June.

For a quick podcast interview with Bob Levy about the lawsuit, go here (or subscribe via iTunes). To listen to or watch a Cato policy forum about the lawsuit, go here. For Cato scholarship about the right to keep and bear arms, go here. For lawyers and law students interested in all the details about the lawsuit, go here and here.

Hopkins on Gerson

Kara Hopkins has an elegant review of Heroic Conservatism, former Bush speechwriter Michael Gerson’s book, over at The American Conservative. Worth reading in full, but here’s a taste. Gerson on war:

Shortly after Gerson began scripting Bush, reporters noticed Biblical phrases creeping into the presidential rhetoric and wrote, with cryptologist’s glee, that Bush was sending coded messages to his Christian base. The truth was more perverse. As Presbyterian minister Fritz Ritsch noted, when Bush alluded to the hymn “There’s Power in the Blood” in a State of the Union text, he spoke of the “wonder-working power” not of the “precious blood of the Lamb” but of “the goodness and idealism and faith of the American people”—the world’s substitute saviors. Similarly, the president referred to the U.S. as “the light of the world,” which the “darkness” has been unable to put out—a clear invocation of John 1:1-5. As evangelical pastor Gregory Boyd pointed out, “In this paradigm, what applies to Jesus (“the light of the world”) can be applied to our country, and what applies to Satan (“the darkness”) can be applied to whomever resists our country. We are of God; they are of the Devil. We are the light; they are the darkness. Our wars are therefore ‘holy’ wars. With all due respect, this is blatant idolatry.”

And on Gerson’s big government conservatism:

[None of this is] to say that social justice isn’t a Christian concern. But Gerson is more stirred by abolitionists and activists like William Wilberforce and Martin Luther King Jr., and the sweeping social change they wrought, than he is by Christ’s own model, which was conspicuously short on political impact and long on individual acts of mercy. He implies that his giants—poverty, AIDS, illiteracy, genocide—are too big for hand-to-hand combat. Thus the Biblical call to “do unto the least of these”—the hallmark of which is personal sacrifice—must be replaced by government programs—the wellspring of which is coercion. If this constitutes an act of worship, it honors a failed god.

Again, worth a read. I haven’t seen Gerson get a favorable reading anywhere this side of the Ethics and Public Policy Center.

Where Have All the Republicans Gone?

In Sunday’s “Opus” cartoon, Berkeley Breathed suggests that Opus, becoming middle-aged, will naturally find himself sliding straight into the welcoming arms of the Republican party. The general idea of middle-aged conservatism is understandable enough. There’s an old saying, attributed to many different authors, that “if you’re not a socialist at 20, you have no heart. If you’re still a socialist at 40, you have no brain.”

But Breathed reveals his own advancing age when he depicts the Republican organizers wooing Opus with the promise of “Balanced budgets – and smaller government! And no nation building! We’re not the world’s policemen!” When’s the last time Republicans offered such a platform?

Oh, right, George W. Bush in 2000. But seven years is a lifetime in politics. Today’s Republican party offers massive deficits, a government virtually unlimited in size and scope, and a Wilsonian-neocon foreign policy that is both policeman and nursemaid to the world. I wonder if even a middle-aged penguin would sign up for that.

Post Script to Reason Letter; Non-Coercive Alternatives to Prohibiting Abortion

I have four acquaintances raising grandchildren as if they were their own.

Some charities will pay a woman’s medical costs if covering such expenses will help her decide to carry the baby to term.

From a libertarian perspective, individuals or charities paying a woman beyond her medical expenses should also be a viable solution. Remuneration would be for the woman’s time and physical effort (labor), not a “purchase price” for the child. The arrangement could stipulate, as surrogate motherhood contracts usually do, that payment is contingent on her putting the child up for adoption.

What about Fetal Rights?

In response to my letter on abortion recently published in Reason Magazine, several people have asked me, “What about fetal rights?” I addressed that issue in my original letter but it was edited out. Below is the letter I submitted with the portions that were deleted in bold.

Libertarian and Mother of Four

As a libertarian and a mother of four, I take issue with Radley Balko’s characterization of the abortion debate in “Getting Beyond Roe” (Aug/Sep) as being about “setting community standards” and that issues such as abortion “are best dealt with in those diverse laboratories of democracy, the states.” Abortion should no more be a question for local politics than slavery.

Community standards are the greatest threat to individual liberty there is. They have led to witch trials, kangaroo courts, censorship and egregious takings through eminent domain. And now Balko would like to let them decide the reproductive fate of women. Our country is not a democracy, not even a federalist democracy, but a constitutional republic — a country in which the Constitution protects individuals against majoritarian trespass. As far as individual rights are concerned, the Constitution is useless if it can’t protect one portion of the population from being forced into involuntary servitude by another, no matter at what level of government the enslavement takes place.

The right to have an abortion per se is not the issue, but the right to self-determination, the right not to be used as a means to an end against one’s will, the right not to be considered a communal resource — in short, the right for women to have the same control over their own bodies and their own fates as men.

Perhaps Roe was decided wrongly, not because it nationalized a right to abortion, but because it was decided in reliance on the wrong precedents. The 13th Amendment is more germane to the abortion debate than the Griswold v. Conn. line of cases and their amorphous right to privacy. Blackmun, in Roe, showed sympathy for the plight of women but also a profound paternalistic disrespect for those very people he was trying to help. To hinge the right of women to control their own bodies on privacy instead of every individual’s right, whether male or female, not to be treated as a public resource indicates a fundamental misunderstanding of what is at stake.

I believe abortion is morally wrong, but I also believe that in a conflict between mother and fetus, a woman’s right must always take precedence. A human being’s rights under the law increase with maturity. That has been the tradition under Anglo-American law as well as world wide for most of history. To suggest that a fetus has the same rights as a mature adult individual borders on the perverse. A woman’s rights should never be placed second to the needs of her fetus. To do so is to treat women first and foremost as communally owned vessels for bringing forth life and only second as autonomous individuals.

For those, like myself, who believe abortion is fraught with moral difficulties, the correct course of action is to teach, communicate, and discuss the importance of valuing human life with our daughters, our female neighbors and our friends. We must help them come to the correct conclusion based on good clear reasoning and the strength of our convictions. To force a woman to carry a pregnancy to term and give birth unwillingly is involuntary servitude, no matter what the rationale. Pregnancy and birth are the most dangerous work most women will ever do. To deprive them of medically feasible means for escaping those dangers, let alone planning their lives, is to treat women with the greatest disrespect.

There is no question that decisions about abortion are horrendously difficult, but just because a decision is difficult doesn’t mean women aren’t fit to make them. Life entails many difficult decisions, often involving life and death. Men make decisions about how to protect their families and their way of life; unfortunately sometimes those decisions involve going to war. Women, like men, make decisions about what is best for their families and their way of life; unfortunately sometimes such decisions involve abortions. Fetuses are potential children, not full grown adults, and women are full grown adults, not children. It is time we start treating each with the respect and dignity they deserve.

Earmark Hall of Shame

The New York Times reports:

Buried deep in the largest domestic spending bill of the year is money for a library and museum honoring first ladies. The $130,000 was requested by the local congressman, Representative Ralph Regula, Republican of Ohio. The library was founded by his wife, Mary A. Regula. The director of the library is his daughter, Martha A. Regula.

Other “namesake projects” in the bill include the Charles B. Rangel Center for Public Service at City College of New York, named for the chairman of the House Ways and Means Committee; the Thad Cochran Research Center at the University of Mississippi, named for the senior Republican on the Senate Appropriations Committee; and the Thomas Daschle Center for Public Service at South Dakota State University, honoring the former Senate Democratic leader.

The bill also includes “Harkin grants” to build schools and promote healthy lifestyles in Iowa, where Senator Tom Harkin, a Democrat, is running for re-election.

The federal government is taking $2.9 trillion of our hard-earned money this year. That will include the need to borrow $155 billion because even the record $2.8 trillion tax haul isn’t sufficient to cover all of America’s vital needs. Like the National First Ladies Museum and the Charles B. Rangel Center for Public Service. Really, have they no shame? Politicians tax Americans to build monuments to themselves, or to provide jobs for their families.

Projects that are actually needed–federal courthouses, perhaps, or highways–might appropriately be named for great Americans of the past. But naming monuments for living politicians is a bit too reminiscent of North Korea or Turkmenistan. Perhaps if we’re going to name public works projects for living people, they should all be named for the people who actually pay for those projects–the taxpayers. So we could name them Taxpayers’ Highway, Taxpayers’ Federal Courthouse, Taxpayers Airport.

But at least those are useful projects. The earmarks mentioned above are for fripperies and indulgences and monuments to the ego of politicians. Members of Congress should be ashamed to spend the money taxed away from working people on these tributes to themselves.

Trim the Fat — with a Nano-Knife

John Boehner, the leader of House Republicans, responds to a Washington Post editorial challenging him to identify what he would cut out of the budget to avoid “an irresponsible tax increase” to offset a reduction in the Alternative Minimum Tax. Seeking to restore the GOP’s fiscally conservative image, publicly challenged to offer a plan, employing all the resources of the House Republican Caucus, these are the budget cuts that Minority Leader Boehner came up with:

* $3.2 billion to revive outdated programs, such as one funding exchanges “with historic whaling and trading partners.”

* $1 million for the Clinton School of Public Service in Arkansas.

* $300,000 for an “Exploratorium” in San Francisco.

* $100,000 for an educational program conducted aboard a catamaran in California’s Monterey Bay.

So out of the $2.9 trillion federal budget, the leader of the House Republicans manages to come up with one $3.2 billion appropriation and three tiny earmarks that appear to be personal projects of Hillary Rodham Clinton and Nancy Pelosi.

Boehner is right when he goes on to say, “Moreover, the editorial missed the point. Congress doesn’t have a revenue problem. Revenue is at an all-time high after the 2001 and 2003 tax cuts, which have triggered economic growth that is ‘paying for’ an AMT patch many times over.” But he then notes, “Rather, Congress has a spending problem.”

Indeed. The Republican Congress of which Boehner has been a leader has increased spending by a trillion dollars in six years. And out of that massive gush of taxpayer dollars, Boehner can find only $3.2 billion in unnecessary spending. Which is perhaps why polls now show that voters trust Democrats more than Republicans on the issue of cutting government spending.