Stimulus sparks growth in government

–USA Today, front page, old-fashioned paper edition

I assume others have pointed this out already, but there’s something very odd about a Tuesday editorial in The New York Times arguing that campaign finance regulations that stifle the political speech of corporations must be upheld in the Citizens United case currently under consideration before the Supreme Court:

The question at the heart of one of the biggest Supreme Court cases this year is simple: What constitutional rights should corporations have? To us, as well as many legal scholars, former justices and, indeed, drafters of the Constitution, the answer is that their rights should be quite limited — far less than those of people.

In that case, surely it’s time to revisit some of the 20th century’s seminal free speech rulings. The idea that public figures cannot use libel law to squelch criticism unless they can prove an attack is intentionally or recklessly false, for instance, comes to us by way of New York Times Company v. Sullivan—a case in which the so-called “protected speech” was a paid advertisement run by a filthy corporation! And what about the celebrated Pentagon Papers case, in which the Court found that only in the most extreme cases can the government resort to “prior restraint” of speech? Why that’s New York Times Company v. United States. In both cases, of course, the speech in question had political significance—perhaps even the potential to affect elections. In the Pentagon Papers case, by the way, the counsel for the Times was famed First Amendment lawyer Floyd Abrams, who also argued Citizens United.

Don’t worry, though, it’s only corporations like The New York Times that will lose speech protections. If you, as a brave individual, want to say something controversial on your blog—though you’ll probably want to do it on a server you own personally, just in case—you’re totally in the clear. And if the federal government decides to sue, you’ll be totally free to use as much of your personal savings as you want to fight back.

Wouldn’t it save time if the Massachusetts legislature would just pass a law saying that if the governor is a Democrat, he fills any Senate vacancy, while if the governor is a Republican, a special election must be held?

In a major speech to be delivered today, education secretary Arne Duncan will call for an end to “ ‘tired arguments’ about education reform” and ask for input in crafting a “sweeping reauthorization” of the federal No Child Left Behind act. His decision not to openly debate the merits of reauthorization — to simply assume it — guarantees the tiredness and futility of the discussion.

Americans have spent $1.85 trillion on federal education programs since 1965, and yet student achievement at the end of high school has stagnated while spending per pupil has more than doubled — after adjusting for inflation. The U.S. high school graduation rate and adult literacy rates have been declining for decades. The gap in achievement between children of high school dropouts and those of college graduates hasn’t budged by more than a percent or two despite countless federal programs aimed at closing it.

The secretary himself acknowledges that after more than half a century of direct and increasing federal involvement in schools, “we are still waiting for the day when every child in America has a high quality education that prepares him or her for the future.

In light of the abject and expensive failure of federal intrusion in America’s classrooms, it is irresponsible for the Secretary of Education to assume without debate that this intrusion should continue. Cutting all federal k‑12 education programs would result in a permanent $70 billion annual tax cut. Given the stimulative benefits of such a tax cut it is also fiscally irresponsible for the Obama administration to ignore the option of ending Congress’ fruitless meddling in American schools.

Republicans are all over the ACORN scandal and calling for an end to federal subsidies for the group. Well that’s great, but it’s not exactly going out on a limb and pushing for a major budget reform.

Why doesn’t the GOP use this as an opportunity to call for completely ending the programs that funded ACORN? Wouldn’t it be better to save the $13 billion a year that HUD spends on so-called “community development” programs, rather than just the few million dollars a year that taxpayers spend on ACORN?

The federal programs that funded ACORN are particularly wasteful ones, including Community Development Block Grants, Housing Counseling Assistance, and others as Tad DeHaven has explained.

At a minimum, the GOP should be arguing that with deficits of $1 trillion the federal government cannot afford to intervene in classic local and private activities such as community development. Boehner and Canter want the IRS to cut ties with ACORN, but they should be leading the charge to end porky “community development” spending altogether.

Despite Barack Obama’s frequent paeans to the value of transparency during the presidential campaign, his Justice Department has incensed civil liberties advocates by parroting the Bush administration’s broad invocations of the “state secrets privilege” in an effort to torpedo lawsuits challenging controversial interrogation and surveillance policies. Though in many cases the underlying facts have already been widely reported, DOJ lawyers implausibly claimed, not merely that particular classified information should not be aired in open court, but that any discussion of the CIA’s “extraordinary rendition” of detainees to torture-friendly regimes, or of the NSA’s warrantless wiretapping, would imperil national security.

That may—emphasis on may—finally begin to change as of October 1st, when new guidelines for the invocation of the privilege issued by Attorney General Eric Holder kick in. Part of the change is procedural: state secrets claims will need to go through a review board and secure the personal approval of the Attorney General. Substantively, the new rules raise the bar for assertions of privilege by requiring attorneys to provide courts with specific evidence showing reason to expect disclosure would result in “significant harm” to national security. Moreover, those assertions would have to be narrowly tailored so as to allow cases to proceed on the basis of as much information as can safely be disclosed.

That’s the theory, at any rate. The ACLU is skeptical, and argues that relying on AG guidelines to curb state secrets overreach is like relying on the fox to guard the hen house. And indeed, hours after the announcement of the new guidelines—admittedly not yet in effect—government attorneys were singing the state secrets song in a continuing effort to get a suit over allegations of illegal wiretapping tossed. The cynical read here is that the new guidelines are meant to mollify legislators contemplating statutory limits on state secrets claims while preserving executive discretion to continue making precisely the same arguments, so long as they add the word “significant” and jump through a few extra hoops. Presumably we’ll start to see how serious they are come October. And as for those proposed statutory limits, if the new administration’s commitment to greater accountability is genuine, they should now have no objection to formal rules that simply reinforce the procedures and principles they’ve voluntarily embraced.

A couple of days ago the Common Core State Standards Initiative released a new draft of its national, “college- and career-readiness” math and English curricular standards. The content of the standards isn’t of huge interest to me — the biggest dangers are in the implementation of standards, not the drafting — but what is of great interest is determining whether having national standards makes sense in the first place. Unfortunately, it appears that many standards fans couldn’t care less about that little concern.

To satisfy my interest, I’ve been delving into empirical work that might back claims that national standards are necessary for educational success, or just that they improve academic outcomes. And what have I found? As I laid out in a recent National Review Online op-ed, and argue today on the New York Times’ “Room for Debate” blog, there’s hardly any such evidence. There is scant good research on national standards, and what there is largely ignores serious questions about the confounding impact of such factors as culture and changing educational attitudes.

This dearth of research explains why national standardizers are almost totally silent about evidence and instead defend their proposals with soundbites about high expectations for all kids, or the “craziness” of having 50 state standards. It also explains why they seem to be in a big hurry to get standards drafted, and why the Obama administration is already dangling billions of dollars in front of states to get them to “voluntarily” adopt whatever the CCSSI produces. Quite simply, were the public to find out that national standards are essentially an untested drug being slipped down their throats, they might object. And nothing, it seems, is more important to the national standards crowd than ensuring that that doesn’t happen.