Topic: Law and Civil Liberties

Earmarks

As annual spending bills wind their way through Congress this year, there are ongoing battles over earmarked funding for members’ pet projects.

To get a sense of what the battle is about, check out this newly released list of earmarks in the House Interior appropriations bill.

People scour such lists looking for embarrassing bridges to nowhere in Alaska and indoor rainforests in Iowa.

But the real issue is federalism, not earmarks. Many of these funding projects are not federal responsibilities at all. Look at all the local sewer facilities on the list under the EPA. Why can’t Seattle, Buffalo, and other cities fund their own toilet pipes?

Of course, they can. But the idea of federalism has disappeared from public discussion in an orgy of state and local lobbying of compliant Washington politicians. For history and analysis of this issue, see here

(Oh, wait a minute, take that back — my guy Jim Moran (D-VA) scored $700K to clean up Four Mile Run beside where I live in Northern Virginia. Nice job Jim! You’ve got my vote!) 

The Islamofascists’ Reign of Terror

The New York Times reports on American troops’ efforts to push Al Qaeda insurgents out of Baqaba, Iraq, and liberate residents from their strict rule:

The insurgents have imposed a strict Islamic creed, and some have even banned smoking, one resident told Capt. Jeff Noll, the commander of Company B of the First Battalion, 23rd Infantry, during his patrol through the neighborhood.

Banning smoking? President Bush is right — if we don’t stop them in Iraq, we’ll have to fight them in Manhattan, and Montgomery County, and San Francisco….

A Reason to be Against Donor Disclosure

Several interest groups (Public Citizen, Common Cause and Democracy 21) have lately been trying to persuade Congress to set up an independent ethics panel to police members. They also want Congress to allow outside groups (like themselves) to file ethics complaints with the panel.

A House task force now proposes to grant them their wish. However, the task force also requires any group filing an ethics complaint to the new panel to disclose its donors.

The interest groups are not amused. Craig Holman of Public Citizen told The Hill:  “you can imagine how upsetting this is to the donor community.”

I do not support an independent ethics panel. However, Holman is correct here. A group that filed a complaint would open its donors to retribution by the named member or by his party or allies in Congress. Disclosure might even discourage donors from supporting these interest groups, thereby burdening the contributors’ rights to association and speech.

In fact, I think we should extend Craig Holman’s point to other donors. People who contribute to the campaigns of challengers to incumbents should also not have to disclose their donations. After all, their contribution (like an ethics complaint) threatens a member of Congress and might well bring about retribution.

Sauces, gooses, ganders. If disclosure threatens the interests of the donors to certain influential interest groups that might irritate people in power, surely it also threatens those who contribute to challengers to incumbents. These donors, like your average Common Cause contributor, should also be free of the burden of revealing their political activities to those who might do them harm.

Antigua and Barbuda Raises the Stakes

$3.4 billion. That’s the price tag Antigua and Barbuda, the island nation which successfully argued that the United States was violating its obligations to open its market to foreign online gambling providers, puts on its lost revenues as a result of the U.S. ban on some internet gambling. (More here and here.)

They are seeking to recover the money by withdrawing the protection they provide for American intellectual property (see here). The idea behind this sort of action is to harness the power of a powerful lobby group (in this case, Hollywood and the software industry) to counteract the influence of anti-internet gambling groups: If intellectual property owners are caught in the cross-fire of the dispute, maybe the United States government would feel more pressure to comply with the series of rulings against current U.S. regulations.

The push to seek compensation through the World Trade Organization comes just one day after the European Union has indicated it wants compensation for the loss of market access, but through further opening of other sectors in lieu of lifting the ban. When the United States announced last month that it was responding to their loss at the WTO by seeking to “clarify” its commitments, they indicated that they would not provide compensation to Members harmed by the ban, as is called for by WTO rules. The USTR had reasoned that since they never intended to allow internet gambling in the first place (suggesting that their commitment to do just that was an “oversight”), then Members could not expect to receive any sort of compensation in return for solidifying the ban.

We’re planning to hold a forum on this topic on 25th July. Stay tuned for details.

Nanny State Crackdown

Steve Kelly pokes fun at nanny state legislation.

Unfortunately, too many people have a “there ought to be a law” mentality.  Sometimes it is silly, but more often it is dangerous.  The Duke University case is a reminder that innocent lives can be adversely affected even if the criminal law were limited to violent offenses.   Expanding the criminal law is dangerous business.  Better to keep it limited–and keep a good eye on it. 

The DEA’s Campaign Against Pain Doctors

Yesterday, the cover story for the New York Times Magazine was about the Drug Enforcement Agency’s inane campaign against pain doctors.  We at Cato have been working on this aspect of the drug war for some time–so it’s great to see more attention to this issue. 

To read the Cato study, go here.  To view a Cato conference, go here.  For a quick article on the subject, read this Washington Post piece by Pat Michaels.