RIP Tonie Nathan, the First Woman to Receive an Electoral Vote

Tonie NathanTheodora (Tonie) Nathan, the 1972 Libertarian Party vice presidential nominee who became the first woman in American history to receive an electoral vote, died Thursday at 91.

Tonie Nathan was a radio-television producer in Eugene, Ore., when she attended the first presidential nominating convention of the Libertarian Party in 1972. She was selected to run for vice president with presidential candidate and philosophy professor John Hospers. Although the ticket received only 3,671 official votes, Virginia elector Roger L. MacBride chose to vote for Hospers and Nathan rather than Nixon and Agnew, thus making Nathan the first woman in American history to receive an electoral vote. MacBride, an author and former legislator, had been elected on the Republican slate. As I wrote in Liberty magazine when he died in 1995, “MacBride became a ‘faithless elector’—faithless to Nixon and Agnew, anyway, but faithful to the constitutional principles Rose [Wilder] Lane had instilled in him.”

Brian Doherty, author of Radicals for Capitalism: A Freewheeling History of the Modern American Libertarian Movement, writes:

It is a shame that her historical status for the advancement of woman’s role in what had been entirely a man’s world has been little noted or long remembered, mostly I suspect because the Libertarian Party is not much respected by institutional feminism (though it should be).

Hospers-Nathan buttonNathan was also the first Jewish person to receive an electoral vote.

After her vice-presidential run, she ran for office as a Libertarian candidate during the 1970s through the 1990s for numerous offices, vigorously though never successfully. In the 1980 U.S. Senate election in Oregon, Nathan participated in three statewide television debates with incumbebt Bob Packwood (R) and then–state senator Ted Kulongoski (D). She served as national vice-chair of the Libertarian Party, and at the 2012 Libertarian National Convention she announced former New Mexico governor Gary Johnson as the presidential nominee. She founded the Association of Libertarian Feminists in 1973 and served as its chair.

Note: Premiering tonight on Showtime is a new documentary about Geraldine Ferraro, the 1984 Democratic vice presidential nominee, whom many people would likely identify as the first woman to receive an electoral vote.

Conspiring to Be Civil

A few days ago, a reporter asked me to comment on a conference video in which I appeared. The event was four or five years ago, but the Florida teachers’ union must have just discovered the video and apparently was circulating it to the media. Couched as a smoking gun, it was purported to reveal school choice advocates’ “true intentions.” But the media, apart from some left-leaning Florida bloggers, seem to have concluded it was wasn’t newsworthy (not enough hand-wringing or maniacal laughter, I suppose).

That’s really too bad, because upon rewatching the clips that the union selected, I’m really pleased to have attention drawn to them. Several deal with the strongest argument that can be leveled at government-funded school choice: that, like state-run schools, it can force taxpayers to pay for the promotion of ideas that violate their convictions, leading to social conflict.

Here’s my take on how to address that problem:

Litt on Warrants for Searching American Communications: Either Misleading or Terrifying

At a hearing Wednesday, members of the Privacy & Civil Liberties Oversight Board asked intelligence official Robert Litt a crucial question: If the sweeping general warrants authorized by the FISA Amendments Act are only supposed to be used for “targeting” foreigners for surveillance, shouldn’t a judicial warrant be necessary before NSA can intentionally dig through its massive database of intercepts for Americans’ communications? Otherwise, after all, such “backdoor searches”—currently allowed under NSA guidelines—seem a dangerous loophole that enables an end-run around the rules that would require court approval to directly target an American’s communications for interception.

Litt’s answer was either extremely misleading or extremely disturbing. He told the oversight board that the number of annual queries to the intercept database was “considerably larger” than the few hundred analysts currently run against NSA’s vast archive of telephony metadata records.  That would make the “operational burden” of a warrant requirement utterly impractical, Litt asserted, and that the Foreign Intelligence Surveillance Court  “would be extremely unhappy if they were required to approve every such query.”

Now, it’s possible that Litt was talking about the total number of queries analysts run against the database of intercepted communications as they sift through it for nuggets of foreign intelligence.  No doubt that number is very large indeed. But it’s also utterly irrelevant to the question PCLOB was asking. Nobody, after all, is suggesting that a warrant be required for every query of NSA’s databases—including queries for topical keywords or “selectors” associated with known foreign intelligence targets.  The question, rather, was whether a warrant should be required for the subset of those queries involving the name or e-mail address of a particular U.S. person—the very query terms that the government would be forbidden from using as selectors to task interception without first obtaining a particularized, probable cause warrant.  If Litt was answering that question by alluding to the total number of queries, then his answer had little bearing on what the PCLOB was trying to discover, and would vastly overstate the practical burden of such a requirement—seriously misleading overseers about the feasibility of a proposed civil liberties safeguard. Litt ought to correct the record if that is what he meant.

What would be hugely more disturbing, however, is if Litt really was giving an answer pertinent to the question he was asked.  In that case, he would be representing that NSA runs “considerably more” than a few hundred annual queries for the names and e-mail addresses of specific U.S. persons, against a database of private communications gathered via general warrants—an authority justified on the premise that it is “targeted” exclusively at non-Americans located outside the United States. That would suggest that the blanket surveillance authority created by §702 of the FISA Amendments Act is precisely what civil libertarians feared: A Trojan Horse mechanism for spying on Americans using the pretext of “foreign targeting.”

In short, either added safeguards on NSA’s use of the §702 database are far more feasible than Litt led the PCLOB to believe, or the authority is being used in a way that circumvents constitutional and statutory protections for Americans’ communications on a chilling scale. Litt should clarify which it is—and then Congress should hasten to reform §702 accordingly.

Death Of An Honest Taxman

The New York Times notes the death at age 100 in Atlanta of Randolph Thrower, “a Republican lawyer who headed the IRS under President Richard M. Nixon from 1969 to 1971 before losing his job for resisting White House efforts to punish its enemies through tax audits.” When White House staffers began pressuring Mr. Thrower to apply hostile tax scrutiny to the Administration’s critics, including journalists and Senators, he assumed President Nixon had no knowledge of what was happening and requested a meeting with the chief executive so as to warn him. Instead he was summarily fired, with the White House putting out the story that Thrower had departed “for personal reasons.”

In White House tapes and memos released in later years, Nixon described the situation differently. “May I simply reiterate for the record that I wish Randolph Thrower, commissioner of the Internal Revenue Service, removed at the earliest feasible opportunity,” he wrote on Jan. 21, 1971, five days before the White House announced that Mr. Thrower was stepping down.

That May, as the administration continued to look for a successor to Mr. Thrower, Nixon made clear what kind of IRS commissioner he wanted. “I want to be sure he is a ruthless son of a bitch,” he was recorded as saying, “that he will do what he is told, that every income tax return I want to see I see” and “that he will go after our enemies and not go after our friends.”

It’s a good thing Nixon isn’t in power any more.

Free Trade: Do It for the Children

Here’s a WSJ article describing a Chinese investment in France, made for the purpose of exporting back to China:

Mayor Christian Troadec is trying a new formula to revive his sleepy town in central Brittany: quenching Chinese thirst for baby milk.

On a recent damp morning at exactly 08:08—a lucky number in Chinese culture—workers broke ground on a 37-acre tract the municipality sold to Synutra International Inc., one of China’s top 10 baby-formula makers, to build a milk plant.

“In Brittany, we produce some of the world’s best-quality milk but we don’t have enough [economic] activity,” said Mr. Troadec, walking the muddy field where a dozen Caterpillar bulldozers and other earth movers lined up to start laying the foundation for the factory.

Synutra is investing €90 million ($125 million) to build what will be the region’s largest milk-drying factory and the first infant-formula plant on French soil entirely in the hands of a Chinese company.

The plant feeds two needs. China’s voracious demand for infant formula is surging as the middle class flourishes. But since a 2008 scandal, when Chinese-made formula tainted with the industrial chemical melamine killed six infants and sickened 300,000, parents have preferred to buy formula from well-known Western brands. Now, dairy companies in China, already the world’s largest importers of milk, are racing to win back consumers by tying up with producers abroad.

At the same time, Chinese investment offers a lifeline to Brittany, a farmland on the western tip of Europe that has been hurt by the unwinding of European subsidies.

Synutra plans to ship the entire output from its new plant swiftly to China. The company teamed up with French dairy cooperative Sodiaal to secure access to 300,000 million liters of milk a year over the next decade—the entire milk production of farmers within a radius of 20 kilometers of Carhaix—and 30,000 tons of whey, all of which will be transformed into dried baby milk and sent by boat.

So it’s a win-win. France gets investment; Chinese consumers get high quality products, for babies nonetheless.  It can help to put a human face on free trade, especially when it’s this one:

 

WaPo Blogger Wrong About School Choice… Again

Once again, the Washington Post’s education blogger, Valerie Strauss, failed to do her due diligence before posting a hit piece on school choice. A year ago, she falsely claimed that scholarship tax credit programs benefit corporate donors and wealthy recipients. In fact, donors break even at most and the best evidence suggests that low-income families are the primary beneficiaries even in the few programs that are not means-tested. Unfortunately, Strauss has still failed to issue a correction.

Now Strauss has posted an op-ed from an anti-school choice activist in Florida that contains numerous additional errors, which the good folks at RedefinED.org have thoroughly debunked, including the following canard:  

Any way you look at it, private entities receive public tax dollars with no accountability.”

One can certainly debate whether there is sufficient accountability, but there is certainly more than none. All scholarship students take state-approved nationally norm referenced tests such as the Stanford 10 or Terra Nova. The gain scores are reported publicly, both at the state level and for every school with 30 or more tested scholarship students. Additionally, schools with $250,000 or more in scholarship funds must submit independent financial reports to the state.

Not only did the op-ed’s author fail to correctly explain the law, she failed to understand that school choice is accountability. As explained in an open letter that the Cato Institute recently issued along with the Heritage Foundation, Friedman Foundation for Educational Choice, and others: “True accountability comes not from top-down regulations but from parents financially empowered to exit schools that fail to meet their child’s needs.” 

Moreover, the claim that “private entities receive public tax dollars” is also false. The money flows from private donors to private nonprofits to private citizens to spend on their children’s tuition at private schools. That the donors receive a tax credit does not transmogrify their donation into “public” money. Indeed, the U.S. Supreme Court ruled that this view erroneously “assumes that income should be treated as if it were government property even if it has not come into the tax collector’s hands. Private bank accounts cannot be equated with the … State Treasury.” Likewise, neither tax deductions for donations to a church nor the church’s own property tax exemption mean that churches are therefore funded by “public tax dollars.”

The Washington Post has an in-house fact-checking team. They should not have to rely on RedefinED.org or others to ensure the veracity of what their bloggers post. 

Putin’s Animal Farm

In today’s Washington Post, Pamela Constable describes the scene in Crimea, and it reminds me of George Orwell’s Animal Farm.

Vladimir Putin is playing the starring role of Napoleon the pig. To consolidate his power, Putin is employing menacing dogs, just as Napoleon did. Constable writes:

As the referendum approached, the capital was calm, but the streets were filled with a swelling number of stocky security men on corners and outside government facilities … For the most part, they stood around looking tough, but their mere presence was intimidating …

As on Orwell’s farm, Crimea has a few skeptical donkeys, but most people are apparently gullible sheep:

Occasionally, I met someone who questioned the official line … One was a stocky former soldier in his 50s named Volodya who was downing shots of vodka between bites of potato salad at a working-class cafe. “They say my pension will go up, but so will this meal,” he said. “People in a crowd tend to hear slogans and get excited.”

In Orwell’s book, the animals are propagandized with “four legs good, two legs bad.” In Crimea, people are being told that the folks in Kiev have two legs. Constable talked to one person who: “confided that his parents had been won over by the barrage of pro-Russian propaganda warning of fascist threats from Kiev. ‘They told me to be careful and not to associate with people there,’ he said with chagrin. ‘It is like a demon that possesses people and they are no longer able to think.’” 

Finally, the Russian national anthem is stirring the nationalist sole in Crimea, just as “Beasts of England” did on Animal Farm. Constable says:

Even if you don’t know the lyrics, the state anthem of the Russian Federation is one of the most stirring national anthems ever written. This week, on assignment in Crimea, I heard it in full rousing splendor, sung by a chorus of uniformed young men standing at attention, and I had to catch myself from being swept up in the moment.