It’s Always in the Last Place You Look

Ed Morrissey at Captain’s Quarters writes, “In the first five years of his presidency, Bush could barely find his veto pen. Now, however, freed of the burden of defending a free-spending Republican Congress, Bush has discovered his inner Reagan.”

Maybe the veto pen really was lost for years, and it just turned up in the White House Book Room.

Bill of Rights Day

Since today is Bill of Rights Day, it seems like an appropriate time to pause and consider the condition of the safeguards set forth in our fundamental legal charter.

Let’s consider each amendment in turn.

The First Amendment says that Congress “shall make no law … abridging the freedom of speech.” Government officials, however, insist that they can make it a crime to mention the name of a political candidate in an ad in the weeks preceding an election.

The Second Amendment says the people have the right “to keep and bear arms.” Government officials, however, insist that they can make it a crime to keep and bear arms.

The Third Amendment says soldiers may not be quartered in our homes without the consent of the owners. This safeguard is doing so well that we can pause here for a laugh.

The Fourth Amendment says the people have the right to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. Government officials, however, insist that they can storm into homes in the middle of the night after giving residents a few seconds to answer their “knock” on the door.

The Fifth Amendment says that private property shall not be taken “for a public use without just compensation.” Government officials, however, insist that they can take away our property and give it to others who covet it.

The Sixth Amendment says that in criminal prosecutions, the person accused shall enjoy a speedy trial, a public trial, and an impartial jury trial. Government officials, however, insist that they can punish people who want to have a trial. That is why 95% of the criminal cases never go to trial. The handful of cases that do go to trial are the ones you see on television — Michael Jackson and Scott Peterson, etc.

The Seventh Amendment says that jury trials are guaranteed even in petty civil cases where the controversy exceeds “twenty dollars.” Government officials, however, insist that they can impose draconian fines against people without jury trials. (See “Seventh Amendment Right to Jury Trial in Nonarticle III Proceedings: A Study in Dysfunctional Constitutional Theory,” 4 William and Mary Bill of Rights Journal 407 (1995)).

The Eighth Amendment prohibits cruel and unusual punishments. Government officials, however, insist that jailing people who try in ingest a life-saving drug is not cruel.

The Ninth Amendment says that the enumeration in the Constitution of certain rights should not be construed to deny or disparage others “retained by the people.” Government officials, however, insist that they will decide for themselves what rights, if any, will be retained by the people.

The Tenth Amendment says that the powers not delegated to the federal government are to be reserved to the states, or to the people. Government officials, however, insist that they will decide for themselves what powers are reserved to the states, or to the people.

It’s a depressing snapshot, to be sure, but I submit that the Framers of the Constitution would not have been surprised by the relentless attempts by government to expand its sphere of control. The Framers themselves would often refer to written constitutions as mere “parchment barriers” or what we would describe as “paper tigers.” They nevertheless concluded that putting safeguards down on paper was better than having nothing at all. And lest we forget, that’s what millions of people around the world have — nothing at all.

Another important point to remember is that while we ought to be alarmed by the various ways in which the government is attempting to go under, over, and around our Bill of Rights, the battle will never be “won.” The price of liberty is eternal vigilance. To remind our fellow citizens of their responsibility in that regard, the Cato Institute has distributed more than three million copies of our “Pocket Constitution.” At this time of year, it’ll make a good stocking stuffer. Each year we send a bunch of complimentary copies to the White House, Congress, and the Supreme Court so you won’t have to.

Finally, to keep perspective, we should also take note of the many positive developments we’ve experienced in America over the years. And for some positive overall trends, go here.

Bush Expands Government Health Insurance, Again

The Bush administration just approved Indiana’s plan to expand its Medicaid and SCHIP programs. According to the administration’s press release:

[The Healthy Indiana Plan] was approved as a Medicaid Section 1115 demonstration project and will extend health insurance to low-income parents of children now covered by Medicaid and the State Children’s Health Insurance Program (SCHIP), as well as childless adults. To be eligible for coverage, enrollees’ incomes must not exceed 200 percent of the federal poverty level (FPL), or $20,420 for an individual and $41,300 for a family of four.

Enrollment in the plan will give participants access to a high-deductible health plan that includes an account patterned on the model of a health savings account. To assist with out-of-pocket costs incurred prior to the coverage threshold, both the individual and the state will make contributions to a Personal Wellness and Responsibility (POWER) account. Participant contributions to the POWER account will be set on a sliding scale based on ability to pay, but at no more than five percent of gross family income. Any funds remaining in the account at the end of the year can be rolled-over to offset the following year’s contributions if age-appropriate preventative services are obtained.

Think of it as government-run health care, with a little welfare check thrown in.

And what ever happened to the administration’s protests about SCHIP funds going to adults rather than children?

Talk About a Friday News Dump

The Senate passed the Farm Bill this afternoon by a margin of 79 to a brave 14 (roll call vote here). Readers of this blog will be sufficiently familiar with our views on U.S. farm policy so I won’t reiterate them here. Suffice it to say that it will be interesting to see if President Bush makes good with his veto threat.

Happy Holidays to the American taxpayer/consumer/trade partner from the U.S. Senate!

One of the Better Statements of the Current Health Care Debate

From today’s Los Angeles Times:

Though many Americans may not realize it, government is already the dominant player in healthcare, with federal and state expenditures accounting for 47% of the projected $2.3 trillion the nation will spend this year. Indeed, many private insurers follow the lead of the biggest government program, Medicare, in setting coverage policies.

Even if nothing changes, government will pick up more than half the nation’s healthcare tab by 2017. Universal coverage proposals from the leading Democratic presidential candidates would advance that tipping point to 2011, according to a recent analysis by the consulting firm PricewaterhouseCoopers.

Leading Republican healthcare experts acknowledge the trend toward a greater role for government — indeed, Bush himself accelerated it when he signed the Medicare prescription drug benefit….

“The debacle is not a partisan war between Democrats and Republicans over how to cover children, it’s a civil war within the Republican Party over the role of government and health policy in general,” said economist Len Nichols, director of the healthcare program at the New America Foundation.

Gotta hand it to Nichols on that one. In fact, Nichols is so sharp that maybe he can explain to Sen. Ron Wyden that universal coverage would not “rein in costs.”

California Speaker Confuses Taxation with Wealth Creation

California is facing a budget shortfall, and one of its most powerful lawmakers thinks the state legislature can meet that shortfall by creating wealth. According to the Los Angeles Times:

Assembly Speaker Fabian Nuñez (D-Los Angeles) said lawmakers would have to consider raising a host of taxes, including those on Internet purchases and on foreign companies that do business in California.

“We’ve got to close those tax loopholes,” Nuñez told reporters at a news conference. “We can generate billions by doing that.”

According to Dictionary.com, the first three definitions of “generate” are:

  1. to bring into existence; cause to be; produce.
  2. to create by a vital or natural process.
  3. to create and distribute vitally and profusely.

No doubt the speaker wants to distribute those billions vitally and profusely. But raising taxes won’t create billions of dollars. 

Taxes find wealth that others have already created and take it. As in pilfer.  Lift.  Ransack.  Plunder.  Loot.  Steal.  Jack.  Nab.  Grab.  Purloin.  Swipe.  Snag.  Extract.  Nick.  Confiscate.  Seize.  Pinch.  Usurp.  Arrogate.  Dispossess.  Expropriate.  (Yoink.)