Checker Finn Is 99.44 Percent Right

Fordham Foundation president Checker Finn notes today that recent upticks on the National Assessment of Educational Progress cannot be reasonably credited to the No Child Left Behind act (hat tip to Bill Evers). The NCLB, President Bush’s signature education initiative, was supposed to improve student achievement through bureaucratic accountability measures.

But after noting that NCLB’s proponents can’t back up their claims that the law is working, Finn suggests that we need an “education-achievement ‘audit agency’ to sort out the claims and counterclaims about student performance.”

Maybe. But Amazon.com didn’t have to be told by a federal product quality audit czar to allow its customers to rate the products it sells. They’ve done it because it’s good business. In fact, no matter what product or service you’re interested in, there are resources on the Web to find out virtually anything you could possibly want to know about it. Reviews by users, professional reviews, criticism from competitors…. As a result, consumers are better informed than ever before.  Except in education, which operates outside the free enterprise system.

Sure, we could add a bureaucratic audit agency and hope that it will make our bureaucratic education accountability law accountable, and that that, in turn, will make our bureaucratic education system efficient and innovative.

Or we could just do what we know already works in every other sector of the economy: let consumers choose, and make it easy for a diversity of public and private schools compete to serve them.

Libertarian Wisdom

From Will Saletan at Slate:

the tricky thing about official intervention is that once the state gets its foot in the door, you don’t necessarily get to dictate what it can and can’t do.

He’s talking about how “For the usual incoherent combination of lefty reasons—not enough private discrimination in working conditions, too much private discrimination in family values–” he ”felt the urge to support regulation of the [surrogate motherhood] industry,” but then he read about Chinese police kicking in doors and forcing surrogate mothers to abort their babies, and realized that wasn’t “the kind of policing liberals have in mind when they call for tighter regulation of the fertility industry.”

But the lesson is broader, of course. It applies to health care, education, energy, faith-based organizations, and just about any enterprise you let the state take a role in.

New At Cato

For more commentary, visit Cato’s op-ed archive.

  • Appearing on Fox News, foreign policy analyst Malou Innocent discusses the recent violence in Pakistan.
  • In the American Spectator, Doug Bandow questions the reasons why the U.S. is still a member of NATO.
  • Randal O’Toole argues that high-speed rail is not the solution to efficiency and environmental problems in the Cleveland Plain Dealer.
  • In The Washington Times, Nat Hentoff argues that officials who sanctioned and participated in torture should not be allowed to use the “just following orders” excuse.
  • In today’s Cato Daily Podcast, Mark Calabria discusses the Troubled Asset Relief Program.

Bank ‘Stress Tests’ Need Transparency

As the bank stress tests are released, it is vital that the public receive specific and detailed information on each financial institution.  The Administration’s and the Federal Reserve’s continued policy of attempting to disguise the differing health of each bank has been a failure.  What is best for the taxpayer and the investing public is sufficient information to separate the good banks from the bad.

For those institutions which lack sufficient capital to remain solvent, they should seek private capital or else be closed and resolved.  Too many taxpayer dollars have already been wasted keeping alive failed institutions.  The Administration’s policy of keeping failed institutions on taxpayer-financed life-support only serves to retard the market’s ability to move assets away from those who do not, or cannot, make productive use of them toward those who can.  It is time to remember that the unparalleled wealth-creating engine of the market depends as much on allowing failure as it does in encouraging success.

Banks passing the stress tests should be allowed and encouraged to re-pay their TARP funds as soon as possible, and with no additional strings attached.  More importantly, the Administration should use any returned TARP funds to pay-down the increasing government debt, rather than be diverted to bailing-out other failed companies.

Torture? No.

Charles Krauthammer’s recent column tells us that the wisdom of torture is undeniable. According to Krauthammer, there are two situations where torture is justified: the ticking time bomb scenario and when we capture high-ranking terrorists and conclude that giving them the third degree may save lives. Furthermore, it would be “imprudent” for anyone who would not use torture to be named the commander of Central Command (CENTCOM), the military organization in charge of American forces in the Middle East.

The generals who have been in charge of CENTCOM and other national security officials disagree.

Here is a video of General Petraeus, current commander of Central Command, saying that American forces cannot resort to torturing prisoners:

The open letter Petraeus mentions in the video is available here. He admonishes our troops to treat prisoners humanely. “Adherence to our values distinguishes us from our enemies.”

Former CENTCOM commanders Anthony Zinni and Joseph Hoar don’t endorse torture either, evidenced by their open letter (along with dozens of other former general officers) to Congress asking that the CIA abide by the Army interrogation manual.

Hoar and former Commandant of the Marine Corps Charles Krulak wrote separately to denounce torture:

As has happened with every other nation that has tried to engage in a little bit of torture – only for the toughest cases, only when nothing else works – the abuse spread like wildfire, and every captured prisoner became the key to defusing a potential ticking time bomb.

So, once we sign off on the ticking time bomb scenario, the rationalization spreads to whenever we think it may save lives.  Sound familiar?

These former commanders are not alone.  Colonel Morris Davis, former chief prosecutor at Guantanamo Bay, also had some words on the subject. “We can never retake the moral high ground when we claim the right to do unto others that which we would vehemently condemn if done to us.”

Malcolm Nance, former head of the Navy’s Survival, Evasion, Resistance, and Escape course (where sailors are trained in resisting interrogation techniques, including waterboarding), seems to know a thing or two about the topic. “I have personally led, witnessed and supervised waterboarding of hundreds of people.” He roundly denounces the use of waterboarding as wrong, ineffective, and counterproductive.  Just for the record, water actually enters the lungs of a waterboarding victim.  This is not simulated drowning, but controlled drowning. Read the whole thing.

Krauthammer’s column gives the impression that all national security experts support making torture our national policy. Wrong.

Free Speech v. The Federal Election Commission

The so-called Citizens United case offers the Supreme Court a chance to severely curtail the free speech abuses of the Federal Election Commission. John Samples, Director of the Cato Institute’s Center for Representative Government, Institute for Justice Senior Attorney Steve Simpson and George Mason University law professor Allison Hayward weigh in. You can subscribe to Cato’s YouTube videos here and our Weekly Video podcast here.