Hawaiians Don’t Wait for Government - Rebuild Road

The spirit of 1776 is alive and well in Kauai:

Their livelihood was being threatened, and they were tired of waiting for government help, so business owners and residents on Hawaii’s Kauai island pulled together and completed a $4 million repair job to a state park – for free.

“We can wait around for the state or federal government to make this move, or we can go out and do our part,” Slack said. “Just like everyone’s sitting around waiting for a stimulus check, we were waiting for this but decided we couldn’t wait anymore.”

It’s amazing what a little private initiative and economic incentive can do.  Contrast this story with that of a bridge being built to connect Microsoft campuses in Redmond, WA with federal “stimulus” money.

Obama Tax Policies and Beyond

I was a panelist for a Tax Notes forum on April 3 regarding Obama’s tax policies. The other panelists were Len Burman of the Urban Institute and Gene Steuerle of the Peterson Foundation. It was an expert and ideologically diverse panel, but nobody was fond of Obama’s fiscal policy direction. (In the photo, that’s former CBO director Rudy Penner to my left. Photo credit to Derek Squires)

Tax Notes summarized the discussion: “A diverse panel of economists and tax specialists largely agreed … that President Obama’s tax and budget plans at best would fail to forestall long-term fiscal ruin and could even hasten its arrival.” One point of agreement was that the tax code is too complex and it doesn’t need the complicated new tax credits that Obama has proposed.

Where we differed was on the need for added federal revenue, and herein lies the big tax policy battle ahead. Len thought that some form of new value-added tax (VAT) was inevitable in order that the government could  raise more money. I am increasingly hearing that argument from top fiscal scholars, and I fear that the drumbeat for a VAT will get louder.

Dan Mitchell and I are dead-set against a VAT because it will be a tool to fund even larger government, as we discuss in Global Tax Revolution. But supporters of limited government need to start watching this issue and making preparations to ward off a Euro-style money machine.

U.N. Official: Portugal’s Policy ‘Appears to be Working’

Over at Drug War Rant, Peter Guither notes the strange reaction of a drug policy official to the new Cato report, Drug Decriminalization in Portugal:

Glenn Greenwald’s excellent report (on the successful decriminalization of all drugs in Portugal for personal use) was picked up by Scientific American: Portugal’s Drug Decriminalization Policy Shows Positive Results

What really caught my attention in this article was that they got the UNODC to agree that it seemed to work, but the response was Kafkaesque.

Walter Kemp, a spokesperson for the United Nations Office on Drugs and Crime, says decriminalization in Portugal “appears to be working.” He adds that his office is putting more emphasis on improving health outcomes, such as reducing needle-borne infections, but that it does not explicitly support decriminalization, “because it smacks of legalization.” Yes, decrim works, but we don’t support something that actually works because it sounds like something we’re afraid want to talk about. Right.

A spokesperson for the White House’s Office of National Drug Control Policy declined to comment, citing the pending Senate confirmation of the office’s new director, former Seattle Police Chief Gil Kerlikowske. The U.S. Drug Enforcement Administration (DEA) and the U.S. Department of State’s Bureau of International Narcotics and Law Enforcement Affairs also declined to comment on the report.Well, I guess no policy is better than what we’re used to.

Glenn Greenwald has more on the reaction to his report here.

Can Arne Duncan Fix All the Schools?

Education Secretary Arne Duncan, responding to a new study showing that District of Columbia students using vouchers to attend private schools outperformed their peers in public schools – a study that he has been accused of keeping under wraps until after Congress voted to end the D.C. voucher program – told the Washington Post of his concerns:

“Big picture, I don’t see vouchers as being the answer,” Duncan said in a recent meeting with Washington Post editors and reporters. “You can pull two kids out, you can pull three kids out, and you’re leaving 97, 98 percent behind. You need to help all those kids. The way you help them is by challenging the status quo where it’s not working and coming back with dramatically better schools and doing it systemically.”

But why would vouchers only serve two or three percent of the kids? Only because Congress limited the size of the voucher program. Thousands more families have applied for public or private vouchers than there were vouchers available. If the District of Columbia took its mammoth school budget and divided it into equal vouchers or scholarships for each child in the city, Arne Duncan could bet his bottom dollar that a lot more than two percent of the families would head for private or parochial schools. His fear is not that vouchers only serve two percent of the kids, it’s that a full-scale choice program would reveal just how much demand for alternatives there is.

But note also: Duncan says that he wants to “help all those kids … by … coming back with dramatically better schools.” But he ran the Chicago schools for seven years, and he was not able to make a single school good enough for Barack and Michelle Obama to send their own children there.

Wouldn’t the 97 or 98 percent of the kids in Chicago whose parents couldn’t afford the University of Chicago Laboratory Schools have benefited from having a choice?

Dance Like Thomas Jefferson’s Watching

As Thomas Jefferson’s birthday (April 13) approaches – and last night being the first night of Passover, which Jews celebrate to commemorate their deliverance from slavery – I thought I’d comment on a disturbing tale that reminds us again that “the price of liberty is eternal vigilance.”

In celebration of Thomas Jefferson’s (265th) birthday last year, about 20 D.C.-area libertarians gathered at the Jefferson Memorial just before midnight.  The plan was to have a music-through-headphones dance party for the father of the Declaration of Independence (i.e. each person would dance to the tune of his individual iPod). I was actually supposed to attend, but for some reason did not make it.

It was a short-lived party, however, with an ending that would almost certainly have made our nation’s third president frown in disapproval.

Shortly after the silent bopping started, U.S. Park Police officers began to disperse the partygoers. After shooing and pushing revelers (who were drunk only on liberty) off the memorial, one officer confronted the lone remaining dancer, Brooke Oberwetter, and told her to leave.  Oberwetter calmly asked what law or rules she was violating.  The officer provided no explanation but continued to insist that she leave.  Not satisfied with the officer’s response, Oberwetter stood her ground – until the officer pushed her against a stone pillar, handcuffed her, and led her away.

Now, nearly one year later – after the citation against her (for “interfering with an agency function,” whatever that means) was neither dropped nor pursued – Oberwetter filed suit in the U.S. District Court for the District of Columbia against the arresting officer, Kenneth Hilliard, and the Secretary of the Interior, Kenneth Salazar (whose office oversees the Park Police). Oberwetter argues that Hilliard and the Park Police violated her First Amendment rights by interrupting and preventing her expressive activity and freedom of assembly.  She also alleges that here Fourth Amendment rights were violated when she was arrested without probable cause and with excessive force.

The complaint, available here, is a model of legal writing.  Pithy, legally sound, and eminently readable, I cannot recommend it more highly to law students and young lawyers.  This is perhaps not surprising because Oberwetter’s counsel is none other than my friend Alan Gura, who last year successfully argued D.C. v. Heller before the Supreme Court.
Here’s a recent TV news story about the case and here’s Radley Balko’s (formerly of Cato, now at Reason) original post about the incident.

Full disclosure: While our tenures never crossed, Oberwetter is a former Cato employee – and a social acquaintance.  I wish Brooke and Alan the best in their fight against such arbitrary use of government power to oppress basic liberty.  (As Alan told me, a good rule of thumb for police: if you can’t think of any charges, even a few weeks later, it was probably a bad arrest.)  And I hope the incident gets Kevin Bacon thinking sequel.

New at Cato Unbound: Brian Doherty Defends ‘Folk Activism’

In today’s installment of Cato Unbound, Reason senior editor Brian Doherty defends “folk activism” (that’s what we do here at Cato, in case you’re wondering) against Patri Friedman’s complaints of ineffectiveness.

Doherty argues, in effect, that Friedman’s effort to simply go out and float a boat upon which one can do whatever floats one’s boat is parasitic on earlier “folk activism” aimed at persuasion. It is hard to find 20,000 people who will commit to moving to New Hampshire for the cause of liberty and, as Brian points out, it’s even harder to find people who will now commit to moving to a man-made island. The viability of projects like Seasteading seems to depend on the success of prior evangelism.

That said, one of the merits of Friedman’s “dynamic geography” is that it is not really a “libertarian” project at all. As he writes in his Unbound lead essay:

Because we have no a priori knowledge of the best form of government, the search for good societies requires experimentation as well as theory — trying many new institutions to see how they work in practice.

I think there’s good reason to expect competing sea-top jurisdictions to settle on a scheme of governance more libertarian than what the world’s current nation states have to offer. But I also think there’s little reason to expect a seastead to embody the system of most libertarians’ dreams unless a lot of libertarians coordinate and settle there. In that case, it’s really clear that creating a libertarian society from whole cloth depends on the prior existence of libertarians, which depends on the success of the folk activism that produces them.

For more on seasteading, check out yesterday’s Cato Policy forum with Patri Friedman and today’s podcast interview.