Red Tape and Volunteer Rescuers in Louisiana

In the wake of the devastating floods in Louisiana, many people have been stranded in places that are difficult to access, some needing rescue and others running dangerously low on basic supplies. 

The federal response has gotten mixed reviews so far, but some residents in Louisiana saw the real need for help and decided to step up and do what they could for their friends and neighbors.

“All of a sudden before the feds could react, we got thousands of boats in the water, with locals helping each other,” said Kevin Dietz.

The “Cajun Navy” as it has been called, consists of dozens of people with boats and coordinators who work together to deliver supplies or rescue people from flooded areas. 

These volunteers are not just some disorganized rag-tag group, many of them might know how to navigate their neighborhoods better than the government officials, and they are utilizing new technologies to share their GPS locations with each other and organize their communications onto dedicated channels.

State Senator Jonathan Perry is now in the middle of a maelstrom after a report came out that he was working on a proposal that could require these would-be rescuers to undergo training or get a permit in order to help.

To be fair to Senator Perry, he contends that he is trying to figure out a way to remove the layers of red tape that prohibit volunteers from helping with the rescue efforts, as under current law it is illegal for them to  cross the barriers set up by law enforcement and many of them are prevented from doing so.

In the current framework these volunteers are being turned away and prevented from doing what they can at the same time that people are stranded and waiting for help.

This dynamic is not unique to situations like the flooding in Louisiana. Dozens of cities have passed bans making it illegal for private citizens and charities to feed the homeless, which leads to situations like this 90-year-old man and two being charged in Florida for violating the ban. Occupational licensing makes it much more difficult for medical professionals to volunteer their medical and dental services at free clinics through organizations like Remote Area Medical.

The University of Chicago Has No Room for Crybullies

I’m delighted to join the many people spreading the news today that the University of Chicago, my graduate alma mater, is bucking the trend at colleges and universities across the country by refusing to pander to the delicate but demanding “snowflakes” and “crybullies” who’ve tyrannized American campuses over the past few years. As the Daily Beast reports, Dean of Students John Ellison told the incoming class of 2020 “something they wouldn’t hear on most other liberal-arts campuses: ‘We do not support so called “trigger warnings”… and we do not condone the creation of intellectual “safe spaces.”’” At Chicago, students are expected to live “the life of the mind.”

Just yesterday Nick Rosenkranz posted in this space about the efforts he and colleagues over at Heterodox Academy are taking to encourage greater ideological diversity in academia. On both of these closely connected issues I’ve spoken at some length and in detail—it’s not a pretty picture out there. But this silliness could not go on forever—not at these prices. Let’s hope that these are signs of changes in the offing.

Incarcerating US

Would you like a break from the presidential campaign and be interested in catching a movie?  The pickings are pretty slim–unless you can’t get enough of the Obamas.  Here’s a tip: Check out the new documentary film, Incarcerating US, which is coming to theaters next month. 

Sneak preview:

For more information about the film, go here.

For related Cato work, go here here, and here.

The Religious Opinions of Muslim Americans

This is a follow-up to my post yesterday about Muslim American assimilation that focuses on religious differences between Muslims in the United States, between them and their co-religionists in their countries of origin, and their differences with other Americans.    

There are many different sects of Islam and most are represented in the United States.  Sunni Islam is the largest followed by Shia Islam at roughly 89 percent and 11 percent, respectively, which is similar to the global division.  African American membership in the Nation of Islam adds another wrinkle.  There are further sub-sects such as the Sufi, Druze, Ahmadiyya, Alevism, and others that disagree on virtually everything from doctrine to modes of practice.  In addition to those differences, there are five main schools of Islamic jurisprudence (four Sunni and one Shia) that reveal further differences to say nothing of how local cultures have altered practice and doctrine.  Islam is not a monolithic and uniform religion.  It is highly fractured and lacks a central religious authority. 

Based on a 100 point index pooling the responses from religious questions in the World Values Survey, Muslim immigrants in the West had a religiosity of 76 compared to 83 in their countries of origin and 60 in their destination societies.  According to Gallup, 80 percent of Muslim Americans say that religion plays a key role in life, which is more than the 65 percent of the general population but still less than the 85 percent reported by Mormons who agree with that statement.  Those figures are slightly lower for younger Muslim and non-Muslim respondents aged 18 to 29.  Pew also found that religion is about as important to U.S. Muslims as it is to Christians while both valued it more than the general population. 

Gallup and Pew found that compared to Muslims in Islamic countries, U.S. Muslims are the least likely to say religion is important to them.  Gallup found that Muslim weekly attendance at religious services in the United States is only just above that of the general population, 41 percent to 34 percent, and is 22 percentage points below Mormon attendance.  Among Muslims who said that “religion is important,” only 49 percent attend religious services once a week – lower than the U.S. general population and all other religious groups except Judaism.  For respondents aged 18 to 29, 41 percent of Muslims attend mosque at least once a week, the same percentage as Protestants, 27 points behind Mormons, and 14 points ahead of the general population.  Pew found that weekly attendance for Muslims and Christians was about the same and both were higher than the general population. 

The Government Shouldn’t Get to Do Unconstitutional Things by Only Doing Them for Short Periods of Time

When people want to join together to spend money in an election campaign, federal law requires them to form a “political action committee” or PAC. Most PACs are allowed to donate up to $5,000 to any candidate in an election. If a PAC has been registered for less than six months, however, this maximum donation is inexplicably lowered to $2,700 per candidate.

Since the 1974 case of Buckley v. Valeo, the Supreme Court has consistently held that limitations on campaign contributions “implicate fundamental First Amendment interests.” And only two years ago, in McCutcheon v. FEC, the Court reiterated that such limits could only be justified if they reduce quid pro quo corruption (or its appearance). By that standard, the $2,700 limit on new PACs is clearly unconstitutional: If a $5,000 donation from a seven-month-old PAC does not run the risk of corruption, it’s hard to see how a $2,701 donation from a five-month-old PAC does. Making just this argument, a new PAC – the colorfully titled Stop Reckless Economic Instability Caused by Democrats (Stop REID) – sued the Federal Election Commission.

There was just one problem: Although this plaintiff PAC was less than six months old when the case was filed, it was more than six months old when the district court ruled. For that reason, the U.S. Court of Appeals for the Fourth Circuit held that it could not rule on the constitutionality of the $2,700 limit because the question had become “moot”; the limit no longer applied to the particular PAC that had brought the case.

Reconciling mootness doctrine with the realities of our lengthy judicial process is not a new problem. Courts have long recognized that some laws would be impossible to challenge under the normally strict rules of mootness, because the harm caused by the law happens faster than it takes a case to wend its way through the legal system. That’s why courts developed the sensible “capable of repetition, yet evading review” exception to mootness: If a law is likely to repeatedly affect people, but always for short periods at a time, then courts will decide the merits of a challenge to that law no matter how long the litigation takes.

Some Context on Pentagon Spending

General David Petraeus and Brookings Fellow Michael O’Hanlon recently took to the Wall Street Journal to assure the American people that, despite sequestration, there is no military readiness crisis. A few days later, Thomas Donnelly and Roger Zakheim published a rebuttal in the National Review claiming that the challenges of too few personnel and aging, overextended equipment induced a “wasting disease.” They alleged that the size of the defense budget was a misleading statistic without context.

So, here’s some context. After a rapid demobilization following World War II, the United States slowly rebuilt its forces to balance against the Soviet Union. Spending remained far above pre-World War II levels for the remainder of the decades-long conflict, and ever since. The Pentagon budget averaged $462 billion from 1948–1990 (in FY2017 dollars), with notable spikes for the Korean War, Vietnam War, and the Reagan build up in the 1980’s (See Figure 1). With the end of the Cold War, we see a fairly steep decline in military spending during the H.W. Bush and Clinton years. In the aftermath of the 9/11 terrorist attacks, the reductions of the 90s gave way to much larger Pentagon budgets, as the George W. Bush administration embarked on the wars in Afghanistan and Iraq. Defense spending during the early years of the Obama administration remained above $750 billion as the president ramped up the war in Afghanistan while working to end the war in Iraq. In constant, 2017 dollars, annual Pentagon spending during Bush 43’s eight years in office averaged $612 billion; under Obama, the average is $675 billion (See Figure 2).

One side-note regarding the grouping by presidential administration: Taken alone, the picture can be misleading, in that Reagan inherited Carter’s final budget, Clinton inherited H.W. Bush’s, etc. And, besides, Congress, not any single president, makes the final decision on what the government spends. It is also true, however, that Congress has typically deferred to presidential preferences, particularly when it comes to military spending. Had Clinton wanted more, he likely would have gotten it (and did, starting in 1999); Obama, meanwhile, could have requested less (and, eventually, did). Those variations within four- or eight-year terms get lost in a graph that lumps all the years together in one fat bar for each president.

With respect to whether current spending levels are far too low, far too high, or somewhere in between, the Budget Control Act (BCA) of 2011 and its threat of sequestration tried to rein in spending on both defense and non-defense discretionary spending, but has been only partly successful. Congress has found ways around the defense caps, in part by funneling extra money to the base budget through the Overseas Contingency Operations (OCO) account, which is exempted under the BCA. And, under the BCA caps revised late last year, estimated military spending would average at least $551 billion from 2017 to 2021 (.pdf, see page 15) – and likely more than that if Congress doesn’t kick its OCO addiction. That’s 28 percent higher than in 2000, and 19 percent higher than the Cold War average.

In short, if there is a readiness gap, it’s not due to lack of funding. The BCA, by itself, has not resulted in significant cuts in military spending. In inflation-adjusted dollars, we spend more today than during the average Cold War year, and more than we spent at the start of the War on Terror. It would appear that we are mostly getting less “bang for our buck” than during previous generations.

In Marijuana Policy, States Lead the Way

This November’s election could be a decisive turning point in the struggle to end U.S. marijuana prohibition. ​It’s been a long time coming.

As recently as the 90s, every major political faction was squarely in favor of prohibition. Only drug-addled hippies and libertarians thought otherwise. With just a few honorable exceptions, every significant public intellectual supported prohibition too. We libertarians walked a lonely road, patiently pointing out prohibition’s high costs and doubtful benefits. In some ways we’re still alone, because we certainly wouldn’t stop with marijuana. But let’s consider what progress we’ve made.

In November’s election, five states – Arizona, California, Maine, Massachusetts, and Nevada – may each legalize recreational marijuana for adults. State-level opinion polling is notoriously unreliable, but so far it’s favorable in Maine and Nevada​, and overwhelmingly favorable in California. It’s unfavorable in Arizona and Massachusetts, though the Massachusetts poll only asked a generic marijuana legalization question and did not reference the specific initiative. If recent history is any guide, things look good for this November: Of the seven legalization initiatives offered to voters since 2012, five have passed, in Alaska, Colorado, Oregon, Washington, and Washington DC.

Things look especially good in California, which is poised to be a nationwide gamechanger. ​​California’s Proposition 64 is up by almost a 2:1 margin​, and​ the Los Angeles Times predict​s​ passage as well. If ​Prop 64​ does pass, the statewide implementation of a generous recreational pot regime – in the nation’s most populous state – is sure to have some significant economic and regulatory effects.​ It could hardly do otherwise.​

Some nationwide economic effects of legalization have already been seen. Marijuana prices nationwide have flattened or declined as new large-scale suppliers have come online. Seasonal price fluctuations seem to be disappearing as growers increasingly work in the open. And still-illegal Mexican growers have had to abandon marijuana because they can’t compete with the domestic ​free market, small as it​ still​ is.

And again, California is no ordinary state; already it produces more marijuana than Mexico – and by one estimate it​s medical marijuana regime​ grows nearly half the total legal U.S. production. And​ that’s ​before the near-certain growth of the industry in a recreational regime.

All this suggests that when California goes fully legal, the federal ​government ​will ​have to react somehow. ​The DEA has​ been reluctant to reschedule cannabis so far, but already many activists are dismissing the DEA’s Schedule I classification as irrelevant. Rob Kampia of the Marijuana Policy Project writes:

State and federal laws are simply two coexistent systems. But 99 percent of all marijuana arrests are made under state and local laws, not federal law. There simply aren’t enough DEA agents and other federal enforcers to wage an inclusive war on marijuana users, and the federal government cannot require states to enforce federal law on behalf of the federal government…

So we don’t really care whether marijuana is in Schedule I or II. In fact, my organization and other advocates of marijuana legalization don’t desire rescheduling, but rather the removal of federal penalties for marijuana and, furthermore, an explicit recognition that states should be able to determine their own policies without federal interference.

As more and more states legalize, that Schedule I classification looks more and more ridiculous.​ Soon the federal government may have to decide whether to follow the states – and the will of the people – or whether to crack down on legalization. But as time goes on, cracking down looks more and more illegitimate, and inaction looks more and more like a joke. Something’s got to give.

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