Rich Lowry has the right take on the Obama administration’s decision to have Medicare cover end-of-life counseling despite Congress’ rejection of the idea.

On Fox News’s Special Report tonight, discussing potential new Cabinet members for President Obama, Weekly Standard senior writer Stephen Hayes dismissed former senator Chuck Hagel as “an anti-Republican Republican — somebody who’s officially a Republican but in fact isn’t all that Republican.”

Really?

It’s true that Hagel didn’t always march in lockstep with the Bush-Cheney administration, whose loyal amanuensis Hayes has been. But is this really an “anti-Republican” record?

• Voted for the Iraq war
• Voted for the Patriot Act
• Voted for the 2001 and 2003 tax cuts
• Voted against No Child Left Behind
• Voted against Bush’s Medicare prescription drug bill
• Voted against McCain-Feingold

That’s not a down-the-line Bush-McCain record. But would Hayes say it’s not a Republican voting record? Hagel had a lifetime rating of 84 percent from the American Conservative Union and consistent A and B grades from the National Taxpayers Union. He did emerge in 2006 as a critic of the Iraq war. And his wife endorsed Obama in 2008.

I never really bought the “epistemic closure” charge against movement conservatism. But if a leading conservative TV commentator can call Chuck Hagel an “anti-Republican Republican” when his actual record is more traditionally Republican than the policies of the Bush-Cheney administration, then there’s an odd sort of blacklisting going on.

This post could be entitled, “So many bad decisions, so little time,” but let’s have some fun and turn it into a contest. Which bone-headed decision by a local government best exemplifies mindless bureaucracy, politically correct nonsense, and government waste?

Contestant Number One is an officer of the Baltimore County Natural Resources Police, who fined two men $90 each for the vicious, horrible, nasty crime of … (please don’t faint) … rescuing a deer. Yes, your eyes do not deceive you. Two hardened criminals used an inflatable raft to free a helpless animal, but they flouted the law by not wearing life jackets. Since I already did a blog post about a man being fined for rescuing a wounded deer, I guess the moral of the story is that bureaucrats don’t like Bambi.

Contestant Number Two is the Metro Police in Washington, DC, which has decided to harass random travelers by searching their bags before they board the subway. This is akin to the TSA’s mindless bureaucracy — but even worse. There surely are nut-jobs who would like to blow up Americans, but they could do that on a bus, on a crowded street during rush hour, or any other place where a large number of people are gathered. Heck, they can drive a car into a crowd. Good intelligence by the CIA and FBI is the way to stop these crackpots, not empty security theater that makes life more difficult for law-abiding people.

Contestant Number Three is the St. Paul School District in Minnesota, which has turned all schools into “sweet-free zones.” This ban also applies to salty foods, however that is defined, and deals “a blow to booster clubs and parent organizations, too, which won’t be able to sell hot chocolate, doughnuts, candy bars and cookies at school events.” I actually agree with Michelle Obama that American kids are overweight, but I also know that government intervention isn’t going to solve the problem unless we want a police state that bans video games, TVs, computers, and the other technological developments that are responsible for sedentary kids.

Contestant Number Four is Battlefield High School, in Haymarket, VA, which disciplined 10 unrepentant gang members. What did these thugs do to warrant detention? Brace yourself and make sure no children are looking over your shoulders, because these hoodlums belong to a particularly nasty group called the Christmas Sweater Club and they got in trouble for handing out miniature candy canes. One school administrator (Mrs. Grinch?) explained that “not everyone wants Christmas cheer,” thus turning Jay Leno’s parody into reality.

So who wins the prize? The only thing we can really conclude is that governments do dumb things. That’s true at the national level, the state level, and the local level.

I just wish I could write like Dave Barry. He had a hilarious column many years ago that was based on various examples of government stupidity. This post is more likely to make you cry rather than laugh, which is not good at this time of year.

Bloomberg is reporting more bad news for the nation’s air traffic control system, which is run by the Federal Aviation Administration. The FAA is $500 million overbudget and six years behind schedule on a $2.1 billion technology upgrade project.

The FAA has a long history of mismanaged technology projects, and so the latest screw-ups are nothing new. Yet the nation needs high-tech advances in air traffic control more than ever to ease our increasingly congested airspaces.

There is a better way to run air traffic control—a private sector way, as Canada has been demonstrating. In 1996, Canada converted its government air traffic control system to a private nonprofit corporation. Nav Canada has been a smashing success, providing an excellent model for possible U.S. reforms.

A December 24 story in the Financial Post describes how Nav Canada is a world leader in efficiency, safety, and technology under private management. “A once troubled government asset, the country’s civil air traffic controller was privatized 14 years ago and is now a shining example of how to create a global technology leader out of a hulking government bureaucracy.” It really is an impressive story of pro-market reform. 

Canada’s system recently won an award from the International Air Transport Association. The IATA said that “Nav Canada is a global leader in the efficient implementation and reliable delivery of air traffic control procedures and technologies.”

We should have that type of efficient air traffic control system in this country. Privatizing the FAA should be a high priority for the next Congress.

See here for a discussion on privatizing air traffic control.

There’s a lot of attention being paid to yesterday’s landslide vote in the House to prevent a big tax increase next year. If you’re a glass-half-full optimist, you will be celebrating the good news for taxpayers. If you’re a glass-half-empty pessimist, you will be angry because the bill also contains provisions to increase the burden of government spending as well as some utterly corrupt tax loopholes added to the legislation so politicians could get campaign cash from special interest groups.

If you want some unambiguously good news, however, ignore the tax deal and celebrate the fact that Senator Harry Reid had to give up his attempt to enact a pork-filled, $1 trillion-plus spending bill. This “omnibus appropriation” not only had an enormous price tag, it also contained about 6,500 earmarks. As I explained in the New York Post yesterday, earmarks are “special provisions inserted on behalf of lobbyists to benefit special interests. The lobbyists get big fees, the interest groups get handouts and the politicians get rewarded with contributions from both. It’s a win-win-win for everyone — except the taxpayers who finance this carousel of corruption.”

This sleazy process traditionally has enjoyed bipartisan support, and many Republican senators initially were planning to support the legislation notwithstanding the voter revolt last month. But the insiders in Washington underestimated voter anger at bloated and wasteful government. Thanks to talk radio, the Internet (including sites like this one), and a handful of honest lawmakers, Reid’s corrupt legislation suddenly became toxic.

The resulting protests convinced GOPers — even the big spenders from the Appropriations Committee — that they could no longer play the old game of swapping earmarks for campaign cash. This is a remarkable development and a huge victory for the Tea Party movement.

Here’s part of the Washington Post report on this cheerful development:

Senate Democrats on Thursday abandoned their efforts to approve a comprehensive funding bill for the federal government after Republicans rebelled against its $1.2 trillion cost and the inclusion of nearly 7,000 line-item projects for individual lawmakers.

…Instead, a slimmed-down resolution that would fund the government mostly at current levels will come before the Senate, and Reid and Minority Leader Mitch McConnell (R‑Ky.) said it will pass by Saturday.

…The majority leader’s surrender on the spending bill marked a final rebuke for this Congress to the old-school system of funding the government, in which the barons of the Appropriations Committee decided which states would receive tens of millions of dollars each year.

…Almost every Senate Republican had some favor in the bill, but as voter angst about runaway deficits grew before the midterm elections, Republicans turned against the earmark practice.

This is a very positive development heading into next year, but it is not a permanent victory. Some Republicans are true believers in the cause of limited government, but there are still plenty of corrupt big spenders as well as some Bush-style “compassionate conservatives” who think buying votes with other people’s money somehow makes one a caring person.

In other words, fiscal conservatives, libertarians, and Tea Partiers have won an important battle, but this is just one skirmish in a long war. If we want to save America from becoming another Greece, we better make sure that we redouble our efforts next year. Eternal vigilance is the price of liberty.

As Tim Lynch has already blogged — and as Cato is currently featuring on its front page, today is Bill of Rights Day. But of course, this is less of a big deal than Constitution Day (September 17, when we release the Cato Supreme Court Review at an annual conference) — because the Bill of Rights is essentially redundant of the Constitution’s original structural protections: Whenever the government exceeds its constitutionally granted powers, it violates rights of some sort.

Tim Sandefur explains over at the Pacific Legal Foundation’s blog:

Madison, along with his colleagues like James Wilson, Alexander Hamilton, and others, expected the Constitution to give Congress only a limited set of powers—powers that were listed in the text of the document. If it wasn’t listed in the text, then Congress couldn’t do it. So the federal government could collect taxes or run a post office, but it couldn’t do other things—like run a national health care program, for instance. Since Congress’s powers were, in Madison’s words, “few and defined,” there was no need to add a bill of rights to declare that the federal government couldn’t do such-and-such, because they already couldn’t do such-and-such.

Indeed, the argument went, if you enumerate various rights, some will later claim that this is an exhaustive list — even though it’s impossible to list all of our rights at every conceivable level of specificity — with everything else subject to state regulation and control and perhaps implied powers too. That concern is why, even though Jefferson and others won the debate over whether to have a bill of rights, Madison and others ensured that the Ninth Amendment would be included as a safeguard against those who would “deny or disparage” other rights that are “retained by the people.” And why the Tenth Amendment reiterated that, conversely, the powers “not delegated to the United States” are “reserved to the States respectively, or to the people.”

We’re fortunate that both Jefferson and Madison got their way because, as we’ve seen over the last 70+ years, the Supreme Court read out of the Constitution the structural protections for liberty that are plainly there in the pre-amended Constitution. Not that the Court has done a very good job on the “rights” side of the coin, either — think eminent domain abuses (earlier this week it denied cert. in the Columbia University case, by the way), or the Second Amendment before Heller, or, perhaps most infamously, economic liberties since the rights bifurcation of 1937’s Carolene Products footnote 4 — but if it weren’t for these little bones that it has thrown our way, why the government would always be the sole judge of its own powers. (Which, of course, is what Obamacare proponents argue, that the check on Congress’s power is purely political.)

In any event, bully for the Bill of Rights, even if it’s not — as many people think — the most important part of the Constitution.

A major shortcoming of the deficit reduction plan concocted by the president’s Fiscal Commission is that it assumed that the federal government should continue doing everything it currently does. For example, the plan proposed a 15 cent per gallon increase in the federal gasoline tax to fund infrastructure projects. But why not allow the private sector to play a greater role in financing and maintaining infrastructure like roads?

That’s the topic of a new Reason TV video:

In the video, Bruce Benson explains that America has a strong history of privately-provided roads. Unfortunately, because government has come to dominate road construction, most citizens probably don’t stop to consider that the private sector can provide superior alternatives.

As Benson points out, a chief problem with government roads is that they foster armies of lobbyists and special-interests who agitate for more and more taxpayer money. Policymakers try to steer transportation dollars to their districts and states, which inevitably results in money going to projects that make little economic sense. With a private road, it has to make economic sense or it won’t get built.

Another problem is that the federal government places costly burdens on the state and local recipients of the funds. ABC News recently had story on a new federal regulation – contained in an 800 page book – that requires local governments to change the fonts on their street signs to make them easier to read. The article says that the requirement will cost Milwaukee $2 million alone, or twice the city’s annual traffic control budget.

Not surprisingly, special-interest groups had a hand in getting the federal government to implement the regulation:

The American Traffic Safety Services Association — which represents companies that make signs and the reflective material used on them — lobbied hard for the new rules. And at least one key study used to justify the changes was funded by the 3M Corporation, one of the few companies that make the reflective material now required on street signs.

See this Cato essay for more on why federal highway funding should be abolished.