Topic: Government and Politics

Supreme Court to President Bush: Don’t Mess With Texas

Tuesday the Supreme Court slipped the Gordian knot of a case that could have come straight from a law school exam, involving federalism, treaty interpretation, the scope of executive power, criminal procedure, and conflicts between international and domestic law.  The issues in Medellin v. Texas boiled down to: 1) Whether a particular decision of the International Court of Justice is automatically binding on Texas courts and, if not, 2) Whether President Bush made it binding by issuing a memorandum to then-Attorney General Alberto Gonzales.  The Court answered in the negative on both counts by a 6-3 margin.

The result of this decision is that neither the ICJ (the so-called “World Court”) nor the president acting alone can force states to review criminal cases involving foreign nationals.  The underlying treaty at issue – which gives foreign nationals accused of a crime the right to meet with consular officials – is not enforceable in the absence of implementing legislation from Congress.  The ICJ ruling is similarly not self-executing, and does not gain legal effect merely because the president tells the states to abide by it.

The Supreme Court has thus protected America’s carefully calibrated system of federalism and checks and balances by preventing an international court from overriding a state’s duly enacted (and constitutionally sound) law.  Just as importantly, the Court correctly rejected the argument that the president has the power to enforce against the states a treaty that is, in the absence of congressional action, enforceable only by diplomatic means.  Telling state courts how to do their jobs is simply not among the powers of the nation’s chief executive.

Be Still My Beating Heart…

Move over Ron Paul, my heart belongs to Jack! How long until we see a “Kevorkian Girl” on You-Tube?

The assisted-suicide advocate Jack Kevorkian announced that he was running for Congress as an independent. If elected, he said his main priority would be promoting the Ninth Amendment, which protects rights not explicitly specified elsewhere in the Constitution. Mr. Kevorkian, 79, says he interprets it as protecting a person’s choice to die through assisted suicide or to avoid wearing a seat belt. The Congressional seat in Detroit’s suburbs is now held by Representative Joe Knollenberg, a Republican who is seeking re-election.

Those still a bit uncertain about the wisdom of physician assisted suicide might want to keep in mind the following three words: President Hillary Clinton.

Hillary’s Experience

I wrote two months ago that I thought that Hillary Clinton “can credibly claim to be the best-prepared presidential candidate since Franklin D. Roosevelt in 1940: she spent eight years in the White House, seeing the way politics and policies work from the eye of the storm. ” But in the past couple of weeks her attempts to press this argument have not worked out very well. The Washington Post awarded her a full “four Pinocchios” for telling a real whopper about coming under sniper fire when she went to Bosnia.  David Trimble, former First Minister of Northern Ireland, scoffed at her claims to have been directly involved in peace negotiations there. And Gregory Craig, former Clinton White House counsel, also dismissed her claims to have played a leading role in any specific foreign policy issue.

Which is hardly surprising for a first lady. It was a mistake for Hillary to pick two minor foreign policy issues and claim to have been the key player, rather than to emphasize her experience in being at her husband’s side as he dealt with a whole range of issues. And that I do think is significant. It’s the kind of experience that makes Washington graybeards feel that people like Don Rumsfeld and Dick Cheney, who have been both elected officials and White House chief of staff, would be admirably prepared to be president.

First ladies typically pursue a “first lady’s agenda” and of course talk to their husbands at night in the family quarters. I do think that more than any other first lady, Hillary was in the room when decisions were being made–more like Bobby Kennedy than Jackie. She saw the pressures on a president, the ways a president balances politics and policy, the consequences of decisions made under pressure. That’s valuable experience, far more significant than visiting 79 countries to tour historical sites and deliver prepared speeches on women’s rights.

Another Washington Post article manages to undermine most of her specific claims but does include this defense from Mike McCurry, which I think finally gets it right:

Yet she lived through those episodes with a vantage point few get. “I would not say she was sitting there planning cruise missile attacks,” said former White House press secretary Michael McCurry, who supports her candidacy. “But you’re there and you see and you understand the requirements of leadership… . Having lived through it even as a spouse, you absorb a lot.”

None of this should be construed as an endorsement of Hillary Clinton. Experience – or charisma – devoted to the wrong aims is not exactly an appealing prospect. But I think it’s valuble to focus on just what kind of experience Senator Clinton can really claim.

DC’s Apathetic, Complacent Nonproducers ♥ Snow Jobs

I just came across this letter I wrote to the editor of the Washington Post.  Sadly, the editor declined to publish it.  Since the Supreme Court just heard oral arguments about the D.C. gun ban and the meaning of the Second Amendment in District of Columbia v. Heller, it remains relevant:

On January 5, we learned that District officials filed a brief with the Supreme Court [“Gun Law Prevents Harm, D.C. Argues,” Jan. 5] defending the city’s gun ban on the grounds that: the Second Amendment does not protect an individual right to keep and bear arms; the ban “does not deprive the people of reasonable means to defend themselves;” and “less restrictive approaches would not be adequate.”

Fifteen pages later, Colbert I. King [“Outfoxed In the District,” Jan. 5] wrote of the “conditions that threaten the quality of life of all who live in this city: criminals roaming the streets in search of human prey; an apathetic and complacent government workforce; nonproducers ensconced in high places; and elected leaders who fall for snow jobs.”

Draw your own conclusions.

Fixing the Revenue-Estimating Process on Capitol Hill

The (hopefully) much anticipated final installment in the video series on the Laffer Curve has been released. This new video discusses the revenue-estimating process, and it builds upon the discussion of theory in Part I and evidence in Part II.

You will notice that the video clearly concludes that “dynamic scoring” is preferable to “static scoring,” but it also explains that there are significant challenges in properly estimating revenue feedback when tax rates are changed. That is why a key point is the need for transparency. If the Joint Committee on Taxation no longer operated in secrecy, it would be possible for experts to engage in a productive debate on how to best measure the revenue effects of various tax policies.

Please feel free to contact me if you have any questions or feedback. I also will be narrating the Center for Freedom and Prosperity’s next two videos, which will discuss the global flat tax revolution and the flat tax v. national sales tax debate. Stay tuned.

The Candidates and the Libertarian Vote

Nick Gillespie and Matt Welch of Reason have a great cover story in Politics, the new and livelier update of Campaigns and Elections magazine.  Titled “Tuned Out,” the article says that “politics is a lagging indicator of American society,” so this year’s presidential candidates are “channeling shopworn agendas and tired identities to a body politic desperate for a new political era.”

They predict that today’s individualist, consumer-driven culture will eventually produce a politics to match. “Much of this new activity will be explicitly libertarian, since the decentralization of control and individual empowerment is so deeply embedded in Internet technology and culture…. The Long Tail future of politics just as surely belongs to the president and party that figures out the secret to success is giving away power by letting the voter decide more of what matters.”

We can only hope. The cover illustration for the article, showing a Fountainhead-reading, South Park-watching young voter impervious to the appeals of the two old parties, reminded me of this recent “Zippy the Pinhead” cartoon, which also contrasted two big-government parties with leave-me-alone independents (click for larger version):

For more on libertarian voters, go here and here.