Tag: president

Immigrants Trust American Governmental Institutions

Hudson Institute historian and political scientist John Fonte has written that immigrants are not patriotically assimilating.  Fonte blames this supposed development on many factors but frequently credits changes in public school curricula away from the nation building Americanization Movement of the Progressive Era toward a multicultural ethos today.  In previous posts, I have challenged Fonte’s claims about a lack of patriotic assimilation amongst today’s immigrants and have shown that his claims about the success of the Americanization Movement are based on anecdotes and that there as many that show it actually slowed assimilation.  

A more subtle reading of Fonte’s work is that he is worried about immigrants and their descendants weakening American political institutions by not supporting them as much as Americans whose ancestors have been here for many generations.  The General Social Survey (GSS) asks many questions of immigrants and their descendants that can help lessen Fonte’s worries. 

Congress’s Diminishing Power of the Purse

One of the most important aspects of the separation of powers is the commitment of the power of the purse to the legislative branch. It constrains the executive and the judiciary from engaging in unilateral action without congressional approval. If there’s no approval, there will be no money to pay for the executive action, as the rule would have it. Unsurprisingly, with the advent of the administrative state and an aggressive executive, this power has been significantly diminished in modern times

Indeed, Article I, Section 8 of the Constitution provides expressly that “[t]he Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts,” to the exclusion of any other branch’s exercise of those powers. The upshot: the separation of powers, especially Congress’ power over appropriation priorities, is eroded as executive agencies and executive allies have access to funds not appropriated by Congress.

In order to keep their power of the purse intact, Congress originally enacted the Miscellaneous Receipts Statute in 1849. That law is now codified today in Title 31 of the U.S. Code. It requires all government officials in receipt of funds, such as settlements from civil or criminal enforcement, to deposit that money with the Treasury. As a structural point, the law effectively aims at stopping executive agencies from self-funding through enforcement or other receipts of money. It maintains their dependence on Congress for their annual appropriation.

However, the Justice Department has found a way around this law to fund political allies on the left or executive priorities without congressional approval: settlement agreements. As Wall Street Journal columnist Kimberley Strassel recently reported, “[i]t works like this: The Justice Department prosecutes cases against supposed corporate bad actors. Those companies agree to settlements that include financial penalties. Then Justice mandates that at least some of that penalty money be paid in the form of “donations” to nonprofits that supposedly aid consumers and bolster neighborhoods.”

The trick here is that Justice never “receives” the funds within the meaning of the Miscellaneous Receipts Statute, and thus has no requirement to deposit the funds it exacts from defendants with the Treasury—the donations are made directly without money ever being received into Justice’s hands.

Despite the fact that Justice Guidance discourages the practice because “it can create actual or perceived conflicts of interest and/or other ethical issues”—and, indeed, it was almost banned in 2008 due to perceptions of abuse—Justice continues to push this method of funding political allies and favored priorities of the executive. In fact, “[i]n 2011 Republicans eliminated the Housing Department’s $88 million for ‘housing counseling’ programs,” Strassel reports, “which spread around money to groups like La Raza. Congress subsequently restored only $45 million, and has maintained that level. . . [B]ank settlements pour some $30 million into housing counseling groups, thereby essentially restoring all the funding.”

Watching the Debates Tonight? Get Smart Policy Analysis on Twitter With #Cato2016

#Cato2016

Tonight, starting at 6:00 p.m. EDT, CNN will host two nationally televised debates featuring candidates for the Republican nomination for the 2016 presidential elections. Though widely regarded as the “second” debate of this election season, those of you who have been following Cato coverage will recognize tonight’s broadcasts as the fourth and fifth debates of Campaign 2016.

Cato scholars will be on hand to live-tweet both debates, bringing insightful commentary and hard-hitting policy analysis to the discussion. Follow tonight’s live-tweeters and join the conversation on Twitter using #Cato2016.

Similar to the Fox debates, the split in candidates will be based on average scores from national poll results spanning a two-month period ending last Thursday, with candidates required to average at least 1 percent support in three polls to qualify.

The first debate will feature Rick Santorum, Bobby Jindal, George Pataki, and Lindsey Graham. Then, at 8:00 p.m. EDT, Donald Trump, Jeb Bush, Scott Walker, Mike Huckabee, Ben Carson, Ted Cruz, Marco Rubio, Rand Paul, Chris Christie, John Kasich, and Carly Fiorina will take the stage.

Although CNN had originally intended only to include the top ten candidates in the later debate, an exception was made for Fiorina, whose performance in the first Fox debate helped her move into the top ten in polls conducted after that broadcast.

Candidates positions on the stage will be based on their overall rankings, with Trump—flanked by Carson and Bush—front and center for the primetime debate.

Former Virginia governor Jim Gilmore, who garnered 1 percent support in only one poll during the two-month window, did not meet the criteria for inclusion.

Join the conversation tonight on Twitter with #Cato2016.

 

Pre-K Poll Vaulting

Just as President Obama has vowed to regain the initiative and push forward with his economic and education policy agenda, an organization called The First Five Years Fund has released a new poll asking the public about Pre-K policy. According to the poll, Americans know what they want (More federally funded Pre-K!), and know when they want it (NOW!).

Encouraging as this must be for supporters of a larger federal role in early education, opinion polling is not a good way to design policy—any more than it is a good way to design bridges. There is an aspect of bridge construction in which public opinion does properly figure: assessing demand. But when it comes to actually designing the structure that will carry living, breathing people across a gorge, public opinion plays little role. The reason is obvious: most people lack the time, skills, and knowledge to design bridges. They know what they ultimately want out of civil engineering projects, but they don’t know how best to achieve their goals.

It’s the same with education policy, and indeed with policy generally. Contrary to the apparent assumption of these early education advocates, it is not inherently obvious that increased federal Pre-K spending will ensure that children get a strong start in life. As it happens, there is a great deal of evidence that past and current federal Pre-K programs have proven expensive failures and have even, in some cases, done harm. Nor is the advocates’ currently favored policy–federally subsidized state Pre-K programs–an obviously good idea. Some states with universal Pre-K programs have actually seen their 4th grade test scores decline relative to the national average. There is no clear pattern of success.

Because of that fact, this is precisely not the sort of policy that should be expensively promoted at the federal level. If states wish to gamble that they can succeed where others have failed, then their residents should be the ones who put their money on the line. That approach has the merit that state politicians can be more easily held accountable than federal ones—voters have fewer issues on which to decide whom to support or oppose at the state level.

Well-meaning as the First Five Years Fund and its philanthropic backers no doubt are, their effort to design policy based on public opinion polling is badly misguided. It is little better than a schoolyard taunt that “everyone else wants to do it.” Serious people, people who actually want to achieve their stated goals and not simply win a political contest, can do better.

President’s Budget Lacks Seriousness, Vision

The measure of our seriousness in helping children learn is not simply the number of dollars we spend, but rather the care and thought we invest in allocating them, and our openness to changing course when the evidence demands it. The education provisions of the President’s budget, released today, lack both seriousness and vision.

The FY 2014 budget overview emphasizes three educational initiatives: preschool for all, STEM and innovation, and school infrastructure.

As foreshadowed in his State of the Union address, President Obama proposes to federally subsidize statewide preschool programs. This approach seems designed to deal with the mounting evidence that the federal government’s own preschool programs, Head Start and Early Head Start, have essentially no lasting benefits. Though candidate Obama once said he would terminate ineffective programs, his latest budget retains them both, and actually grows Early Head Start. Additionally, the new budget would subsidize PreK programs like those in Oklahoma and Georgia that advocates have long touted as “high quality.” The evidence on those programs is, however, rather mixed. Relative to the national average, Oklahoma has seen modest declines on the 4th grade NAEP tests while Georgia has seen modest gains—and the declines are larger than the gains. A broader review of the evidence by early education expert Russ Whitehurst of Brookings finds the same lackluster results overall. 

Not only are these statewide programs failing to show a pattern of lasting and substantial benefits thus far, the addition of federal subsidies will likely impede efforts to improve them. Federal education dollars at the pre-college level always come with strings attached—strings that accumulate over time. That is likely to exert a homogenizing pressure on state pre-K offerings, eliminating variation and thereby preventing us from learning which approaches are effective and which are not.

On STEM, the President is keen to fund the hiring of 100,000 new Science, Technology, and Math teachers. But America does not have a teacher quantity problem, we have a teacher effectiveness problem. Over the past 40 years, we’ve grown the number of public school employees 11 times faster than enrollment [i.e., we’ve doubled the number of staff to serve only 8.5 percent more students]. This has added $200 billion annually to the cost of American public schooling, and two million of the three million new hires were instructional staff, so it’s not simply a problem of bureaucratic bloat. And yet, despite all those new teachers and teachers’ aides, achievement at the end of high school is largely flat as are real graduation rates.

In other words, our public schools have shown themselves incapable of harnessing the talents of these millions of additional educators. The solution is not to hire yet more teachers into that system, it is to liberalize the education sector, bringing it back within the free enterprise system. Only when schools have both the freedoms and incentives to make the most of their teaching staffs, will we see educators’ talents marshaled effectively.

Finally, President Obama’s proposed new infrastructure spending focuses only on the symptom (crumbling school facilities) and ignores its cause (mismanagement). I’ve analyzed school survey data on the condition of facilities and found that public schools are in a much worse state of repair than private schools, despite the fact that private schools spend far less per pupil, on average. The question is WHY are public schools in a worse state of repair, given that they spend more? According to a federal government report, it’s because districts repeatedly defer necessary routine maintenance. These deferrals increase the cost of maintaining school facilities and accelerate the deterioration of buildings and equipment. In other words, they postpone the ounce of prevention until the pound of cure becomes unavoidable—and they do this because they don’t have to pay for the cure. Once again, bringing schools back within the free enterprise system would provide administrators with the incentives to maintain their facilities so as to avoid the financial hit of costly repairs and replacements—a hit that they can now pass on to taxpayers at no cost to themselves or their careers.

Regrettably, seeing the root causes underlying our educational woes is beyond the vision of the present administration.

Changing the Electoral College Game

Article II of the United States Constitution states: “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress” to elect the president. The phrase “in such Manner” does not obviously restrict the way electors may be rewarded.

Even before the last election, some people had proposed changing the way states award electoral votes. The National Popular Vote effort, for example, proposed a compact in which states with a majority of the electoral votes agree to award their votes to the winner of the popular vote for president. Now other people, mostly Republicans, propose that states award each of their electoral votes to the winner of each congressional district in a state.

This proposal is highly partisan, but it is not outlandish. Two states, Nebraska and Maine, now award almost all of their electoral votes by congressional district. In each state, two of their electoral votes (the two they get because of equal state representation in the Senate) go the state-wide winner of the popular vote.

However, proponents of the “district proposal” have not suddenly been convinced of the merits of presidential elections in Maine and Nebraska. Rather, they are beguiled by the thought that Mitt Romney would have won in 2012 had electoral votes been awarded by congressional district.

Here we find the first problem with the proposal: it concerns the past not the future. Much like those liberal Democrats who wished to change the filibuster rule because Sen. McConnell (R-KY) frustrated the president’s desires on health care, some Republicans now wish to change electoral rules in response to the 2012 disaster.

It is unlikely that states governed by Democratic majorities in the legislature would adopt this proposal. Let’s assume they would, however, to think about what might happen.

The “district proposal” would increase the value of partisan redistricting since the presidency as well as the House would now depend on the composition of congressional districts.

The “district proposal” might change nothing. If the partisan majority in every state legislature has already maximized its share of congressional seats, nothing changes. I think that would be the case for most states controlled by the GOP.

Obama, Romney, Teachers, and Choice

Jay Greene has an excellent piece in the Wall Street Journal this week revealing that the teacher workforce has grown dramatically over the past forty years—and at enormous cost—without improving student achievement by the end of high school. And he rightly disparages President Obama for arguing that even more teachers would somehow do the trick. Even better, Greene notes that American education will not reverse its productivity collapse and become efficient until we allow it to benefit from the freedoms and incentives of the marketplace.

But then Jay cites Governor Romney’s goal of “voucherizing federal education funds so that parents can take those resources and use them to send their children to schools of their choice,” and he does so with apparent approbation. Even ignoring the fact that the Constitution does not empower Congress to run education programs, this is a very dangerous idea.

There has been no civilization in the history of humanity in which governments have paid for private schooling without ultimately controlling what was taught and who could teach, erecting barriers to entry and thereby crippling market forces.

For that reason, I recommended against a federal voucher program under the Bush administration. Since then, additional evidence has come to light. When I studied the regulatory impact of U.S. private school choice programs last year I found that even the small existing U.S. voucher programs do indeed impose a heavy and very statistically significant additional burden of regulation on participating private schools.

Perhaps a way will be found to enact and maintain minimally regulated voucher programs in the coming years. Until that time comes, it would be the height of folly to introduce a federal voucher program whose regulations would suffocate educational freedom from coast to coast.

In my statistical study of choice program regulation, I found that K-12 tax credit programs do not impose a statistically significant extra burden of regulation on private schools. But even a national K-12 tax credit program would be far too dangerous. By leaving education policy to the states and the people, we can see which programs flourish and which become sclerotic. We must encourage and learn from that policy diversity, not squelch it with federal programs or mandates.