Cato at Liberty
Cato at Liberty
Email Signup
Sign up to have blog posts delivered straight to your inbox!
Topics
Social Conservatives Offer Irrelevant Solutions
In today’s Los Angeles Times I write that social conservatives are pointing to real problems, but the only policy solutions they discuss are completely irrelevant to what they call “the high cost of a dysfunctional society”:
… Reducing the incidence of unwed motherhood, divorce, fatherlessness, welfare and crime would be a good thing. So why the focus on issues that would do nothing to solve the “breakdown of the basic family structure” and the resulting “high cost of a dysfunctional society”? Well, solving the problems of divorce and unwed motherhood is hard. And lots of Republican and conservative voters have been divorced. A constitutional amendment to ban divorce wouldn’t go over very well, even with the social conservatives. Far better to pick on a small group, a group not perceived to be part of the Republican constituency, and blame it for social breakdown and its associated costs.
That’s why social conservatives point to a real problem and then offer phony solutions.
But you won’t find your keys on the thoroughfare if you dropped them in the alley, and you won’t reduce the costs of social breakdown by keeping gays unmarried and preventing them from adopting orphans.
Related Tags
Is a U.S. Company Assisting Egyptian Surveillance?
Boeing subsidiary Narus reports on its Web site that it “protects and manages” a number of worldwide networks, including that of Egypt Telecom. A recent IT World article entitled “Narus Develops a Scary Sleuth for Social Media” reported on a Narus product called Hone last year:
Hone will sift through millions of profiles searching for people with similar attributes — blogger profiles that share the same e‑mail address, for example. It can look for statistically likely matches, by studying things like the gender, nationality, age, location, home and work addresses of people. Another component can trace the location of someone using a mobile device such as a laptop or phone.
Media advocate Tim Karr reports that “Narus provides Egypt Telecom with Deep Packet Inspection equipment (DPI), a content-filtering technology that allows network managers to inspect, track and target content from users of the Internet and mobile phones, as it passes through routers on the information superhighway.”
It’s very hard to know how Narus’s technology was used in Egypt before the country pulled the plug on its Internet connectivity, or how it’s being used now. Narus is declining comment.
So what’s to be done?
Narus and its parent, the Boeing Company, have no right to their business with the U.S. government. On our behalf, Congress is entitled to ask about Narus’s/Boeing’s assistance to the Mubarak regime in Egypt. If contractors were required to refrain from assisting authoritarian governments’ surveillance as a condition of doing business with the U.S. government, that seems like the most direct way to dissuade them from providing top-notch technology capabilities to regimes on the wrong side of history.
Of course, decades of U.S. entanglement in the Middle East have created the circumstance where an authoritarian government has been an official “friend.” Until a few weeks ago, U.S. unity with the Mubarak regime probably had our government indulging Egypt’s characterization of political opponents as “terrorists and criminals.” It shouldn’t be in retrospect that we learn how costly these entangling alliances really are.
Chris Preble made a similar point ably on the National Interest blog last week:
We should step back and consider that our close relationship with Mubarak over the years created a vicious cycle, one that inclined us to cling tighter and tighter to him as opposition to him grew. And as the relationship deepened, U.S. policy seems to have become nearly paralyzed by the fear that the building anger at Mubarak’s regime would inevitably be directed at us.
We can’t undo our past policies of cozying up to foreign autocrats (the problem extends well beyond Egypt) over the years. And we won’t make things right by simply shifting — or doubling or tripling — U.S. foreign aid to a new leader. We should instead be open to the idea that an arms-length relationship might be the best one of all.
Related Tags
Responding to Akhil Amar on Obamacare
Yale law professor Akhil Amar, one of the nation’s leading constitutional scholars and a “progressive originalist” of sorts — he joined with Randy Barnett and others on a brief supporting our view of the Privileges or Immunities Clause in the McDonald case — had a fiery op-ed about Judge Vinson’s decision in the Sunday L.A. Times. More than fiery; I’d say intemperate, uncharacteristically so for the mild-mannered Prof. Amar.
Here’s an excerpt:
There is nothing improper in the means that Obamacare deploys. Laws may properly regulate both actions and inactions, and in any event, Obamacare does not regulate pure inaction. It regulates freeloading. Breathing is an action, and so is going to an emergency room on taxpayers’ nickel when you have trouble breathing.
I was all set to respond when I saw that Tim Sandefur had beat me to the punch on PLF’s blog. Here’s an excerpt of that:
Instead [of offering a limiting principle to federal power if the individual mandate passes constitutional muster], he resorts to the saddest of rhetorical tricks–accusing the judge of being like Roger Taney in Dred Scott. Lawyers should have their own “Godwin’s Law”: whoever is first to accuse the judge of being like Dred Scott loses the argument. Amar starts out by saying his students know more about the Constitution than Judge Vinson, but what I wonder is whether Amar’s students will, like their teacher, use false analogies, set up straw men, ignore their opponents’ arguments, and resort to the equivalent of childish name-calling.
Good on ya, Tim! Read the whole thing. David Bernstein and Ilya Somin have similarly chimed in, and similarly cited Tim.
One thing for which I will commend Amar is his adoption of the term “Obamacare.” I’ve never understood how this is a pejorative (unless said with a sneer, but by that standard anything can be pejorative). The one semi-accurate criticism I’ve heard is that the law was mostly written by Congress, not the White House — for which the president got plenty of heat. But that just means it would be better to call it Pelosi-Reid-care, which presumably is no more or less pejorative. In any event, that ship has sailed: Obamacare this abomination (note I didn’t say “Obamination”) will remain.
After Florida, What’s to Be Done about ObamaCare?
Uncertainty over the practical effect of Judge Roger Vinson’s decision on Monday that ObamaCare is unconstitutional in its entirety continues to swirl all across the country. The day after the decision came down, as I noted here on Wednesday, Wisconsin Attorney General J.B. Van Hollen, one of the parties to the suit, issued a statement saying: “This means that, for Wisconsin, the federal health care law is dead,” and his state “was relieved of any obligations or duties” to carry out the statute. And just today Alaska’s Governor Sean Parnell asked his attorney general to advise him on whether implementing and enforcing the federal healthcare overhaul would put Parnell in violation of his oath of office. He told reporters that he took an oath to support and defend the constitutions of the United States and Alaska, adding that he has a duty to uphold the law. Other governors and state AGs, to say nothing of insurance companies, employers, and ordinary citizens, are all in the same boat, and will be until the Supreme Court finally decides the matter, which may be a year or more in the offing.
Here’s the legal issue in a nutshell. Two district courts have upheld the statute. Prior to Monday’s ruling, a district court in Virginia found a core element in ObamaCare, the individual mandate, to be unconstitutional. And on Monday Judge Vinson, in the Northern District of Florida, issued a “declaratory judgment,” declaring ObamaCare unconstitutional in its entirety. In his opinion he held that the judgment was “the practical equivalent of specific relief such as an injunction,” and he added that “it must be presumed that federal officers will adhere to the law as declared by the court.” The Obama administration has thus far shown no inclination to “adhere to the law as declared by the court.” Nor has the administration thus far sought to stay any practical effects of the court’s ruling.
Just what those effects may be is what is unclear, leading to the confusion. It would seem, at a minimum, that the parties to the suit are bound by the judgment. If so, at the least, the government has no authority to implement the statute within the jurisdiction of the Northern District of Florida. But beyond that jurisdiction, does the government have authority to do so with respect to those parties? Suppose one of the winning plaintiffs sought to enjoin the government in a jurisdiction that had upheld the statute. On which of the conflicting decisions would the court decide to grant or deny the motion? Suppose the government sought a writ of mandamus from a court in such a jurisdiction, ordering one of the plaintiffs to comply with the statute. Again, on which of the conflicting decisions would the court decide to grant or deny the motion?
The administration could seek to stay the effects of the two decisions that went against it, of course, which isn’t to say a court would necessarily issue such a stay. After all, if it turns out that those rulings are correct, a huge amount of trouble and expense, especially in financially strapped states, will have been for nothing — and vast insurance and medical markets will have been uprooted.
Not surprisingly, therefore, there is action in the political branches to try more quickly to resolve this matter. Yesterday, for example, Virginia Attorney General Ken Cuccinelli asked the Supreme Court to bypass the normal appeals process and review the decision from that state directly. The Obama Justice Department said it will oppose the motion. Then just today Senator Kay Bailey Hutchison (R‑Texas) and 15 of her Republican colleagues announced that they’re working “to place a moratorium on any further implementation of the statute until there has been final judicial resolution in the pending lawsuits challenging the law.” Of particular note: “The bill delays provisions and new regulations of the Obama health care law not in effect on the date of enactment until final judicial resolution of the lawsuits. The bill does not suspend features of the law already in effect on the date of enactment.” And finally, on the other side of the aisle, Senator Bill Nelson (D‑Florida) has just introduced a “Sense of the Congress” resolution urging the Supreme Court to put the matter on a fast track to resolution. Stay tuned, there’s much at stake.
On Not Leaving Iraq
The U.S. ambassador to Iraq expects to have 17,000 people on his staff after the United States “withdraws” from Iraq at the end of the year, he told the Senate this week. This is astounding. A typical American embassy in a small country might have 100 employees, in a big country such as Great Britain or Russia maybe a few hundred. A staff of 17,000 (including contractors) is not an embassy, it’s an occupation force. Or at least a viceroy’s staff. Here’s the Washington Post report:
The top U.S. diplomat in Iraq on Tuesday defended the size and cost of the State Department’s operations in that country, telling lawmakers that a significant diplomatic footprint will be necessary after the withdrawal of U.S. troops at the end of this year.
James F. Jeffrey, the U.S. ambassador in Iraq, told the Senate Foreign Relations Committee that his staff of 8,000 will grow in the coming year to about 17,000 people, the vast majority of whom will be contractors.
And while the State Department is spending about $2 billion annually on Iraq operations now, it plans to spend an additional $1 billion on the construction of facilities in each of the next several years.…
We’re spending $2 billion a year now on State Department operations in Iraq alone, and we intend to spend $1 billion a year on construction for some years to come. That’s some withdrawal! I know that when Sen. Barack Obama asked to be entrusted with the presidency by repeatedly saying, “I will bring this war to an end in 2009. It is time to bring our troops home,” he only said “troops.” But I can’t believe that the voters who heard him anticipated leaving thousands of Americans and spending billions of dollars in Iraq for many years.
If members of Congress are looking for ways to cut a trillion-dollar deficit, they might look at our construction and employment and nation-building plans in Iraq.
This Week in Government Failure
Over at Downsizing the Federal Government, we focused on the following issues this week:
- Sen. Rand Paul bucks the trend of wimpy spending cut proposals with a more serious plan.
- Perhaps Charlie Sheen’s agent should consider getting him a gig with HUD.
- A Senate Democrat supports a plan that would focus on spending cuts and not tax increases.
- Policymakers should roll back the punishing regulations and taxes that make it difficult for businesses of all races and sizes to succeed.
- Federal energy policy, Newt Gingrich, and “rank gooberism.”