Kudos to Jeff Miron, Andres Martinez and Fareed Zakaria for their decisive win in the Intelligence Squared Debate, Is America to Blame for Mexico’s Drug War?

For related Cato work, go here and here.

From the best for-pleasure book I read (so far!) in 2009, Notes on Democracy:

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The Cheerful Visage of H. L. Mencken[/caption]

The fact is that liberty, in any true sense, is a concept that lies quite beyond the reach of the inferior man’s mind. He can imagine and even esteem, in his way, certain false forms of liberty–for example, the right to choose between two political mountebanks, and to yell for the more obviously dishonest–but the reality is incomprehensible to him. And no wonder, for genuine liberty demands of its votaries a quality he lacks completely, and that is courage. The man who loves it must be willing to fight for it; blood, said Jefferson, is its natural manure. More, he must be able to endure it–an even more arduous business. Liberty means self-reliance, it means resolution, it means enterprise, it means the capacity for doing without. The free man is one who has won a small and precarious territory from the great mob of his inferiors, and is prepared and ready to defend it and make it support him. All around him are enemies, and where he stands there is no friend. He can hope for little help from other men of his own kind, for they have battles of their own to fight. He has made of himself a sort of god in his little world, and he must face the responsibilities of a god, and the dreadful loneliness. Has Homo boobiens any talent for this magnificent self-reliance? He has the same talent for it that he has for writing symphonies in the manner of Ludwig van Beethoven, no less and no more. That is to say, he has no talent whatsoever, nor even any understanding that such a talent exists. Liberty is unfathomable to him. He can no more comprehend it than he can comprehend honour. What he mistakes for it, nine times out of ten, is simply the banal right to empty hallelujahs upon his oppressors. He is an ox whose last proud, defiant gesture is to lick the butcher behind the ear.

The Ethan Allen Institute has just published a report suggesting that Vermont could save $80 million a year by voucherizing its education system. What’s most interesting is how generous the prospective vouchers would be: $10,000 for K‑6, and $14,900 for grades 7–12. How could such a system save money? The main reason is that Vermont was already spending $14,000/pupil on public schools across all grades four years ago. Taking into account the inevitable increase since then and the effects of inflation to 2009 dollars, the state is no doubt spending well over $15,000 per pupil today, so EAI’s ample voucher funding would still cost far less than the status quo.

The only problem is that, as the EAI report notes (see p. 10), Vermont’s state supreme court has ruled against state funding of sectarian schools. So tax credits would be a better option for that reason, among others.

Today, the Supreme Court heard argument in Stop the Beach Renourishment v. Florida Department of Environmental Protection, which is a Fifth Amendment Takings Clause challenge involving beachfront property (that I previously discussed here).

Essentially, Florida’s “beach renourishment” program created more beach but deprived property owners of the rights they previously had — exclusive access to the water, unobstructed view, full ownership of land up to the “mean high water mark,” etc. That is, the court turned beachfront property into “beachview” property. After the property owners successfully challenged this action, the Florida Supreme Court — “SCOFLA” for those who remember the Bush v. Gore imbroglio — reversed the lower court (and overturned 100 years of common property law), ruling that the state did not owe any compensation, or even a proper eminent domain hearing.

As Cato adjunct scholar and Pacific Legal Foundation senior staff attorney Timothy Sandefur noted in his excellent op-ed on the case in the National Law Journal, “[T]he U.S. Constitution also guarantees every American’s right to due process of law and to protection of private property. If state judges can arbitrarily rewrite a state’s property laws, those guarantees would be meaningless.”

I sat in on the arguments today and predict that the property owners will suffer a narrow 4–4 defeat. That is, Justice Stevens recused himself — he owns beachfront property in a different part of Florida that is subject to the same renourishment program — and the other eight justices are likely to split evenly. And a tie is a defeat in this case because it means the Court will summarily affirm the decision below without issuing an opinion or setting any precedent.

By my reckoning, Justice Scalia’s questioning lent support to the property owners’ position, as did Chief Justice Roberts’ (though he could rule in favor of the “judicial takings” doctrine in principle but perhaps rule for the government on a procedural technicality here). Justice Alito was fairly quiet but is probably in the same category as the Chief Justice. Justice Thomas was typically silent but can be counted on to support property rights. With Justices Ginsburg, Breyer, and Sotomayor expressing pro-government positions, that leaves Justice Kennedy, unsurprisingly, as the swing vote. Kennedy referred to the case as turning on a close question of state property law, which indicates his likely deference to SCOFLA.

For more analysis of the argument, see SCOTUSblog. Cato filed an amicus brief supporting the land owners here, and earlier this week I recorded a Cato Podcast to that effect. Cato also recently filed a brief urging the Court to hear another case of eminent domain abuse in Florida, 480.00 Acres of Land v. United States.

The Associated Press reports:

The federal government is wading into deliberations over the future of journalism as printed newspapers, television stations and other traditional media outlets suffer from Americans’ growing reliance on the Internet.

With the media business in a state of economic distress as audiences and advertisers migrate online, the Federal Trade Commission began a two-day workshop Tuesday to examine the profound challenges facing media companies and explore ways the government can help them survive.

Media executives taking part are looking for a new business model for an industry that is watching traditional advertising revenue dry up, without online revenue growing quickly enough to replace it. Government officials want to protect a critical pillar of democracy—a free press.

“News is a public good,” FTC Chairman Jon Leibowitz said. “We should be willing to take action if necessary to preserve the news that is vital to democracy.”

Language mavens, observe the lede: The federal government is “wading into deliberations.” I infer that in Newspeak, this may mean something like “trying to spend more money.” Perhaps I should look forward to the federal government wading into deliberations over my salary? (On second thought, maybe not.)

Some of the proposals aimed at saving traditional journalism are relatively innocuous, like letting newspapers become tax-exempt nonprofits. At least this wouldn’t do too much harm, and, given recent performance in the industry, it approaches being fiscally neutral.

Other ideas, like forcing search engines to pay royalties to copyright holders, would have far more serious consequences. It’s hard to see whom this proposal would hurt worse, the search engines, socked with massive fees, or the copyright holders themselves — if search engines don’t index you, you don’t exist anymore.

The surest loser, though, would be the rest of us. Restricting the flow of news for the financial benefit of Rupert Murdoch seems a far cry from our Constitution, which allows Congress “to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” Burdening search engines seems only to inhibit the progress of science and the useful arts, while enriching a small number of people. It might pass the letter of the law, but I doubt that this is what the founders had in mind.

But anyway.… shame on Americans for our “growing reliance on the Internet”! Don’t we realize that, as the article notes, “a free press is a critical pillar of democracy” — and that a free press only counts, apparently, if it’s on dead trees?

I’m all in favor of the good the press can do, but it strikes me as shortsighted to think that this good can only be done in the traditional media. It also seems foolish to me to think that tying the press more closely to the government will make it more critical and independent. Often, the very best journalism comes from complete outsiders. I’m reminded of Radley Balko’s recent (and excellent) takedown of the claim that Internet journalists are basically parasites:

In 20 years, the Gannett-owned Jackson Clarion-Ledger never got around to investigating Steven Hayne, despite the fact that all the problems associated with him and Mississippi’s autopsy system are and have been fairly common knowledge around the state for decades. It wasn’t until the Innocence Project, spurred by my reporting, called for Hayne’s medical license that the paper had no choice but to begin to cover a huge story that had been going on right under its nose for two decades.

… That’s when the paper starting stealing my scoops. Me, a web-based reporter working on a relatively limited budget. Like this story (covered by the paper a week later). And this one (covered by the paper weeks later here). Oh, and that well-funded traditional media giant CNN did the same thing.

Tell me again, who’s the parasite here? And why should taxpayers bail out yet another industry that isn’t delivering what we want?

Barack Obama first became a credible presidential candidate on the basis of his antiwar credentials and his promise to change the way Washington works. But he has now made both of George Bush’s wars his wars. The Washington Post’s front-page analysis began, “President Obama assumed full ownership of the war in Afghanistan on Tuesday night…” The cover of the tabloid D.C. Express was even more blunt.

Speaking of Iraq in February 2008, he said, “I opposed this war in 2002. I will bring this war to an end in 2009. It is time to bring our troops home.” Responding to Hillary Clinton’s criticisms in March 2008, he said, “I will bring this war to an end in 2009, so don’t be confused.” Now he is promising to end the Iraq war in 2011, and to begin a withdrawal from Afghanistan in that year. Not the change we hoped for.

President Obama promises that after all this vitally necessary and unprecedented federal spending, he will turn his attention to constraining spending at some uncertain date in the future. And now he says that he will first put more troops into Afghanistan, and then withdraw them at some uncertain date in the future (“in July of 2011,” but “taking into account conditions on the ground”). Voters are going to be skeptical of both promises to accelerate and then put on the brakes later.

Of course, John McCain thinks that even a tentative promise to get out of this war after a decade is too much. “Success is the real exit strategy,” he says. And if there’s no success? Then presumably no exit. Antiwar voters may still find a vague promise of getting the troops out of Afghanistan three years after the president’s inauguration preferable to what a President McCain would have promised.

But as Chris Preble wrote yesterday, this increase of 30,000 troops — or 40,000 — is not going to win the war. The U.S. military’s counterinsurgency doctrine says that stabilizing a country the size of Afghanistan would require far more troops than anyone is willing to invest. So why not declare that we have removed the government that harbored the 9/11 attackers, and come home?

The real risk for Obama is becoming not JFK but LBJ — a president with an ambitious, expensive, and ultimately destructive domestic agenda, who ends up bogged down and destroyed by an endless war. Congress should press for a quicker conclusion to both wars.

• Chris Preble on Afghanistan: It’s time to leave. “We don’t need 100,000 soldiers in Afghanistan chasing down 100 al-Qaeda fighters.”

• Malou Innocent on Obama’s West Point speech.

• A few possible outcomes of U.S. military engagement in the Middle East.

• More updates on ClimateGate.

• An overview of all the hidden taxes in the health care overhaul.

• Podcast: “Obama’s Afghanistan Contradiction”