Quotulatiousness

June 9, 2013

Original author of the Patriot Act decries its current abuse

Filed under: Government, Law, Liberty, Media, USA — Tags: , , , , — Nicholas @ 10:20

In the Guardian, Jim Sensenbrenner demands to see the current misuse of the Patriot Act brought to an end:

Last week, the Guardian reported that the Obama administration is collecting records of every call made to, from or within the US, as well as records of many digital communications. President Obama has tried to deflect criticism by claiming “every member of Congress has been briefed on this program.” While some members of Congress were briefed — particularly those on the intelligence committees — most, including myself, were not.

The administration claims authority to sift through details of our private lives because the Patriot Act says that it can. I disagree. I authored the Patriot Act, and this is an abuse of that law.

I was the chairman of the House judiciary committee when the US was attacked on 11 September 2001. Five days later, the Justice Department delivered its proposal for new legislation. Although I, along with every other American, knew we had to strengthen our ability to combat those targeting our country, this version went too far. I believed then and now that we can defend our country and our liberty at the same time.

[. . .]

In his press conference on Friday, President Obama described the massive collection of phone and digital records as “two programs that were originally authorized by Congress, have been repeatedly authorized by Congress”. But Congress has never specifically authorized these programs, and the Patriot Act was never intended to allow the daily spying the Obama administration is conducting.

To obtain a business records order like the one the administration obtained, the Patriot Act requires the government to prove to a special federal court, known as a Fisa court, that it is complying with specific guidelines set by the attorney general and that the information sought is relevant to an authorized investigation. Intentionally targeting US citizens is prohibited.

Technically, the administration’s actions were lawful insofar as they were done pursuant to an order from the Fisa court. But based on the scope of the released order, both the administration and the Fisa court are relying on an unbounded interpretation of the act that Congress never intended.

June 5, 2013

US policy on Syria is 1979 all over again

Filed under: Middle East, USA — Tags: , , , , — Nicholas @ 10:38

In the Miami Herald, Glenn Garvin points out that the US went down this geopolitical path in 1979, with less than stellar results:

The problem in our capital is not that there’s too much division between Republicans and Democrats, but that they’ve merged into a single War Party when it comes to the Middle East.

There might have been at least a tenuous case to be made for intervention in Syria back at the beginning of its civil war, at least if you accept the view that the United States cannot disengage from the Middle East because it is, for the foreseeable future, joined at the hip with Israel.

Unlike Libya or Somalia, strategically useless states in the middle of nowhere in which Washington mysteriously chose to intervene, Syria is a pivot point in the Middle East. It shares long borders with our two major allies in the region, Israel and Jordan, who cannot help but be affected by what goes on in Syria.

Two years ago, we could have acted decisively to end the Syrian civil war before it really got started. We could have made a realpolitik decision to support Assad, who, though a vicious brute to his own people, mostly minds his own business. Or we could have thrown in wholeheartedly with the rebels, picking one faction to provide with arms and international prestige, keeping (maybe) the worst elements out of power.

Instead, the Obama administration dithered, denouncing Assad and drawing lines in the sand over his behavior, then backing away every time he crossed one. We managed to alienate both sides as well as convincing all concerned that our bark had no bite.

In short, Obama has adopted as his guide Jimmy Carter’s foreign policy of 1979, when the United States cluelessly half-yanked the rug from beneath the shah in Iran and Anastasio Somoza in Nicaragua, then primly tsk-tsked their opponents. The eventual result was that two of our allies were replaced with regimes implacably hostile to our interests, which quickly began destabilizing everything around them. Sadly, that’s now the best possible outcome in Syria. If the War Party get its way, you’ll see the worst.

H/T to Nick Gillespie for the link.

June 4, 2013

High Noon for patent trolls

Filed under: Business, Law, USA — Tags: , , , , — Nicholas @ 09:17

At Techdirt, Mike Masnick has some very good news:

Back in February, we were a bit surprised during President Obama’s “Fireside Hangout” when he appeared to speak out against patent trolls. Historically, most politicians had always tiptoed around the issue, in part because the pharma industry seems to view any attack on patent trolls as an existential threat — and, frankly, because some small time patent holders can also make a lot of noise. However, it’s become exceptionally clear that there’s political will to take on patent trolls. We’ve noted five different patent law bills introduced in Congress, all targeting patent trolls in one form or another.

And now, it’s been reported that President Obama is going to come out strongly against patent trolling, directing the USPTO and others to fix certain issues, while also asking Congress to pass further laws to deal with patent trolling. The President will flat out note that patent trolls represent a “drain on the American economy.” The announcement will directly say that “patent trolls” (yes, they use the phrase) are a problem, while also talking about the problem of patent thickets like the infamous “smartphone wars.”

The plan is scheduled to be released later today, but we’ve got a preview of the specific plan, and let’s take a look at each of the suggestions quickly. I’m sure we’ll be discussing the concepts in much more detail for the near future. The plan is split into two different parts: legislative actions (i.e., asking Congress to do something) and executive actions (i.e., ordering administration agencies/departments to do things). Let’s start with the executive actions, since those are likely to have the more immediate impact.

This is excellent news, at least for anyone not currently working as a patent lawyer for one of the trolls…

May 30, 2013

A valuable lightning rod – Eric Holder as Attorney General

Filed under: Government, Law, USA — Tags: , , , , — Nicholas @ 09:27

In the Daily Beast, Nick Gillespie explains why Eric Holder may not be the worst attorney general ever, but he’s doing exactly what an attorney general is expected to do — taking heat off the president:

Eric Holder may not be the worst attorney general in American history, but he is the most recent — which amounts to nearly the same thing.

Despite its exalted status as the nation’s “top cop,” the job is best understood as a dumping ground for intermittently competent bulldogs who take out the president’s trash and act as his public-relations human shield. That was the basic duty of George W. Bush’s troika of torture apologists: John Ashcroft, Alberto Gonzales, and Michael Mukasey. Ashcroft went so far after the 9/11 attacks as to argue that dissent itself verged on the unconstitutional.

[. . .]

There’s no reason to believe that Holder will be sent packing anytime soon or that he’s somehow at cross-purposes with the president. Obama has voiced nothing but support for his attorney general, which means that there’s every reason to keep questioning Holder’s truthfulness. One of his first actions upon taking office was to underscore the Obama administration’s position that federal resources would not be targeted at medical-marijuana users and providers who complied with laws in states where the stuff is legal. The result? A record number of raids against medical-marijuana dispensaries in California and elsewhere in Obama’s “war on weed.” And yet Holder continues to insist, as he did last year before Congress, that “we limit our enforcement efforts to those individuals and organizations that are acting out of conformity with state laws.” So Holder is either out of touch with reality or following a script scribbled together in the Oval Office. Neither prospect is comforting given that Obama’s DOJ has yet to state its position regarding the full legalization of pot in Colorado and Washington state.

It’s daunting to remember that Holder served as a deputy attorney general in Janet Reno’s Justice Department during the Clinton years. What lessons in self-preservation and executive-branch overreach might he have learned under Reno, the second-longest-serving attorney general in American history and surely one of the worst?

Recall that Reno was at best Clinton’s third pick for the position, being selected only after his first two selections were undone by revelations that they had employed illegal aliens as nannies. Reno’s tenure was marked by horrifyingly misguided law-enforcement debacles such as the deadly standoff between federal agents and the Branch Davidians at Waco, Texas, and the armed raid to separate 6-year-old Elián González from his American relatives and return him to his father in Cuba. But she held on as a political lightning rod, absorbing political punishment before it could reach her boss.

May 29, 2013

President Obama criticizes the abuse of executive power by … President Obama

Filed under: Government, USA — Tags: , , , — Nicholas @ 08:22

Jacob Sullum notes the fascinating debate going on between Barack Obama and the President of the United States:

Last week a guy named Barack Obama gave a speech in which he expressed appropriate concern about the abuse of government power in the name of fighting terrorism. Too bad he’s not in a position to do anything about it.

Obama, who used to teach constitutional law at the University of Chicago, quoted James Madison’s warning that “no nation could preserve its freedom in the midst of continual warfare.” Yet by declaring war against Al Qaeda and its shifting and proliferating allies and offshoots — groups that will not disappear or surrender anytime in the foreseeable future — he has reinforced the rationale for a never-ending military struggle that sacrifices civil liberties on the altar of national security.

Regarding one especially controversial aspect of that struggle, the used of unmanned aircraft to execute people the president identifies as terrorists, Obama incoherently argues that such assassinations are legitimate acts of war and that they are governed by due process (at least when the targets are U.S. citizens). To make matters even more confusing, he says the requirements of due process can be met through secret deliberations within the executive branch.

Obama nevertheless raised the possibility of establishing “a special court to evaluate and authorize lethal action,” which he said “has the benefit of bringing a third branch of government into the process but raises serious constitutional issues about presidential and judicial authority.” In other words, the advantage of consulting a court is that it would subject Obama’s death warrants to independent review; the disadvantage is that it would subject Obama’s death warrants to independent review.

May 26, 2013

Putting the Gibson Guitar raids into context

Filed under: Bureaucracy, Law, Politics, USA — Tags: , , , , — Nicholas @ 11:06

Remember back in 2011 when the US government raided Gibson Guitars for alleged violations of Indian law? (Posts here, here, here, here, and here.) Now that we’re learning much more about the IRS witch hunt for Tea Party organizations, Investor’s Business Daily points out that the Gibson raids now make sense:

Grossly underreported at the time was the fact that Gibson’s chief executive, Henry Juszkiewicz, contributed to Republican politicians. Recent donations have included $2,000 to Rep. Marsha Blackburn, R-Tenn., and $1,500 to Sen. Lamar Alexander, R-Tenn.

By contrast, Chris Martin IV, the Martin & Co. CEO, is a long-time Democratic supporter, with $35,400 in contributions to Democratic candidates and the Democratic National Committee over the past couple of election cycles.

“We feel that Gibson was inappropriately targeted,” Juszkiewicz said at the time, adding the matter “could have been addressed with a simple contact (from) a caring human being representing the government. Instead, the government used violent and hostile means.”

That includes what Gibson described as “two hostile raids on its factories by agents carrying weapons and attired in SWAT gear where employees were forced out of the premises, production was shut down, goods were seized as contraband and threats were made that would have forced the business to close.”

Gibson, fearing a bankrupting legal battle, settled and agreed to pay a $300,000 penalty to the U.S. Government. It also agreed to make a “community service payment” of $50,000 to the National Fish and Wildlife Foundation — to be used on research projects or tree-conservation activities.

Update, 31 January 2014: Gibson releases a new guitar to celebrate the end of the case.

Great Gibson electric guitars have long been a means of fighting the establishment, so when the powers that be confiscated stocks of tonewoods from the Gibson factory in Nashville — only to return them once there was a resolution and the investigation ended — it was an event worth celebrating. Introducing the Government Series II Les Paul, a striking new guitar from Gibson USA for 2014 that suitably marks this infamous time in Gibson’s history.

From its solid mahogany body with modern weight relief for enhance resonance and playing comfort, to its carved maple top, the Government Series II Les Paul follows the tradition of the great Les Paul Standards—but also makes a superb statement with its unique appointments. A distinctive vintage-gloss Government Tan finish, complemented by black-chrome hardware and black plastics and trim, is topped by a pickguard that’s hot-stamped in gold with the Government Series graphic—a bald eagle hoisting a Gibson guitar neck. Each Government Series II Les Paul also includes a genuine piece of Gibson USA history in its solid rosewood fingerboard, which is made from wood returned to Gibson by the US government after the resolution.

[…]

The Government Series II Les Paul is crafted in the image of the original Les Paul Standard, with a carved maple top and solid mahogany back with modern weight relief for improved playing comfort and enhanced resonance. The glued-in mahogany neck features a comfortably rounded late-’50s profile, while the unbound fingerboard — with a Corian™ nut, 22 frets and traditional trapezoid inlays just like the very first Gibson Les Pauls — is made from solid rosewood returned to Gibson by the US government. And, the guitar looks superb with its unique Government Tan finish in vintage-gloss nitrocellulose lacquer.

May 17, 2013

Greenwald: Welcome to the never-ending “War on Terror”

Filed under: Government, Military, USA — Tags: , — Nicholas @ 11:26

In the Guardian, Glenn Greenwald explains why this admission by the Obama administration is much more serious than any of the other current crop of scandals sucking all the media oxygen out of the room.

That the Obama administration is now repeatedly declaring that the “war on terror” will last at least another decade (or two) is vastly more significant than all three of this week’s big media controversies (Benghazi, IRS, and AP/DOJ) combined. The military historian Andrew Bacevich has spent years warning that US policy planners have adopted an explicit doctrine of “endless war”. Obama officials, despite repeatedly boasting that they have delivered permanently crippling blows to al-Qaida, are now, as clearly as the English language permits, openly declaring this to be so.

It is hard to resist the conclusion that this war has no purpose other than its own eternal perpetuation. This war is not a means to any end but rather is the end in itself. Not only is it the end itself, but it is also its own fuel: it is precisely this endless war — justified in the name of stopping the threat of terrorism — that is the single greatest cause of that threat.

In January, former Pentagon general counsel Jeh Johnson delivered a highly-touted speech suggesting that the war on terror will eventually end; he advocated that outcome, arguing:

    ‘War’ must be regarded as a finite, extraordinary and unnatural state of affairs. We must not accept the current conflict, and all that it entails, as the ‘new normal.'”

In response, I wrote that the “war on terror” cannot and will not end on its own for two reasons: (1) it is designed by its very terms to be permanent, incapable of ending, since the war itself ironically ensures that there will never come a time when people stop wanting to bring violence back to the US (the operational definition of “terrorism”), and (2) the nation’s most powerful political and economic factions reap a bonanza of benefits from its continuation. Whatever else is true, it is now beyond doubt that ending this war is the last thing on the mind of the 2009 Nobel Peace Prize winner and those who work at the highest levels of his administration. Is there any way they can make that clearer beyond declaring that it will continue for “at least” another 10-20 years?

Reason.tv’s West Wing Weak: Your Guide to Obama’s Scandal-Filled Week

Filed under: Government, Liberty, Media, USA — Tags: , , — Nicholas @ 08:22

The Obama White House has released the latest installment of its ongoing and self-congratulatory video series, West Wing Week. But despite touting itself as “your guide to all things 1600 Pennsylvania Ave.,” the new episode seems to be missing some of the key stories that have hit the headlines over the past few days.

There’s no mention, for instance, of Benghazi or the AP phone tapping — and the IRS scandal is barely mentioned in passing.

Perhaps the White House is just too busy completely redacting documents requested under the Freedom of Information Act to fully document its recent highlights.

In a surge of civic pride, Reason TV is happy to offer “West Wing Weak,” our look back at the administration’s past seven days.

“West Wing Weak” is written and produced by Meredith Bragg and Nick Gillespie, who also narrates.

May 16, 2013

QotD: Did the IRS do anything wrong?

Filed under: Government, Humour, Quotations — Tags: , , — Nicholas @ 10:38

Here we sit on the precipice of a grand realignment of history, society and culture in the image of the new order of common sense government that seeks to cast aside the trappings of backwards for-profit mindsets and yet again we are forced to endure the incoherent ramblings of the simple-minded who seek to derail this overdue progression.

Instead of thoughtful policy discussions, we will now be treated to an endless parade of government boogeymen and convoluted conspiracies brought on only in an effort to discredit an honorable and trustworthy administration, run by a renowned Constitutional law professor and respected Nobel Prize winner.

Let us dispense with trivial formalities. The slack-jawed logic of the perpetually offended will never seek to understand the internal flaws inherent to the human soul. The alleged failure of the I.R.S. to consistently apply their fair standards was nothing more than the failure of a system designed by men. The government is made up of men, and therefore is subject to the same defects. This is not an indictment of government itself; this is an indictment of those who fail to recognize the collective good of advancing a streamlined and progressive government.

So, who is ultimately to blame? Perhaps if you’re honest with yourself, you’ll look deeper into the depths of your heart and you will recognize the brutal truth.

This is your fault. For shame.

John Ekdahl, Jr. “The New Yorker‘s @JeffreyToobin: Did the I.R.S. Do Anything Wrong?”, Ace of Spades H.Q., 2013-05-16

May 14, 2013

Is this week’s Scandalpalooza actually a “big bath” move?

Filed under: Business, Government, Media, USA — Tags: , , — Nicholas @ 13:22

Megan McArdle explains what a “big bath” is and how the current rash of scandals might be a political version of this financial accounting trick:

I confess, when I woke up this morning, I half expected to find that Obama had confessed to being one of our lizard overlords, or made an offhand mention of the time he’d had the CIA price out a drone attack on Mitt Romney’s headquarters. Between Benghazi, the discovery that Kathleen Sebelius has been leaning on insurers to finance their Obamacare PR, uncovery of a freelance political inquisition by the IRS, and last night’s revelation that the Department of Justice had been trolling through the phone records of AP reporters, this has been the most scandalicious week in living memory. I mean, sure, none of it rises to the level of Watergate. But while the gravity may pale in comparison, the volume is breathtaking. So breathtaking that it’s tempting to think that the administration is doing this deliberately.

In finance, there’s an art known as “Big Bath Accounting” which is used to manage earnings expectations. Here’s how it works: if you know you’re going to have a bad quarter, you look around for anything else that might go wrong in the future, and you decide to “recognize” that bad news now. Inventory looking a little stale? Write it down, man! Customers getting a little slow to pay? Now would be a good time to write off their accounts as bad debt. Is there some uncertainty in the projections about depletable assets like oil stores? For heaven’s sake, why not use the low end of the projections rather than the medium or high end? And we should really book some sort of charge to account for the risk that the Yellowstone supervolcano will explode, killing hundreds of thousands and covering the entire western half of the United States in volcanic ash, and in the process severely dampening demand for our premium line of Wyoming-themed memorabilia.

Corporations call this “cleaning up the balance sheet”. Accounting professors call it things I can’t print because this is a family blog.

May 1, 2013

A quick primer on crony capitalism

Filed under: Business, Government, Politics, USA — Tags: , , , , , — Nicholas @ 09:58

In The Atlantic, Timothy P. Carney gives us a thumbnail sketch of the rise and rise of crony capitalism in the United States since 2004:

The 2005 and 2007 energy bills required drivers to buy ethanol, created a government loan-guarantee program for private sector green-energy projects, and effectively outlawed the traditional incandescent light bulb. Ethanol and the green-energy finance programs are pretty naked corporate welfare. General Electric and the light-bulb industry lobby supported the light-bulb law, which forces consumers to buy higher-profit-margin high-tech bulbs.

Then, 2008 saw an avalanche of corporate bailouts: Bear Stearns, AIG, Fannie Mae and Freddie Mac. Then the TARP bailed out all of Wall Street, and later General Motors and Chrysler.

Obama came to power in 2009 and signed an $800 billion stimulus bill supported by the Chamber of Commerce and loaded with goodies for the likes of Google and Solyndra. Obama pushed cap-and-trade with the support of the U.S. Climate Action Partnership, a corporate coalition led by GE, which had set up a business to create and trade greenhouse-gas credits.

In June 2009, Obama signed the Family Smoking Prevention and Tobacco Control Act, a regulatory measure that Philip Morris supported and reportedly helped write — smaller competitors called it the “Marlboro Monopoly Act.” That same month, Wal-Mart, the country’s largest private-sector employer, publicly endorsed the employer mandate in health insurance that became part of Obamacare. The drug lobby wrote significant parts of Obamacare, and the hospital lobby liked the bill enough to file an amicus curiae brief with the Court defending the law from its challenge by states and the small business lobby.

Boeing and the Chamber of Commerce launched a full-court lobbying push in 2011 to save and expand the Export-Import Bank, the government agency Obama loves using to subsidize U.S. Exports — including lots of Boeing jets. In a lesser-known case of regulatory profiteering, Obama hired H&R Block’s CEO to a top position at the IRS, where he crafted new regulations on tax preparers — rules which H&R Block supported and small tax preparers sued to overturn.

April 29, 2013

US domestic firearms sales continue to grow

Filed under: Business, USA — Tags: , , , , — Nicholas @ 12:38

In the Wall Street Journal, Tom Gara shows us the booming market for firearms since 2008:

Gun buyers have long demonstrated a tendency to stock up on weapons and ammunition ahead of possible changes to gun laws, and a so-called “Obama surge” in gun sales kicked off in the lead-up to Barack Obama’s first election victory in 2008.

There was a similar pick up in 2012 as a second Obama victory looked likely, and another rush on stores when it became clear the Obama administration would push for tighter gun control laws in the wake of the Sandy Hook school shooting last December.

In fact, the rush beginning in December has been high even by historic standards: the FBI conducted just under 2.8 million background checks on prospective gun buyers in December 2012, the highest number in any single month since records begin in November 1998. That’s more than triple the number it was running in in December 2002.

And the rush has continued through 2013 so far. Here’s the number of monthly background checks in the first three months of each year since 1998. This year looks set to be the busiest ever.

Jan-Mar gun sales 1998-2013

April 22, 2013

The “public safety exception” to Miranda is a really bad idea

Filed under: Law, Liberty, USA — Tags: , , , , — Nicholas @ 09:33

In Techdirt, Mike Masnick explains why this Obama administration innovation should not be perpetuated:

  1. Suspending basic rights and due process out of fear is exactly the kind of thing that people attacking the US want to see. Showing that we can’t live up to our most basic rights and principles in the face of a terrorist attack gives those who hate us that much more incentive to keep going. It’s not just a sign of weakness, but an encouragement for those who seek to undermine our society. In fact, it takes a step in that very direction by showing that the government is willing to throw out the rules and principles when it gets a little scared by a teenager.
  2. The slippery slope here is steep and extremely slick. There are no rules on when the DOJ can suddenly ignore Miranda. It gets to decide by itself. This is an organization with a long history of abusing its power, now allowed to wipe out one of the key protections for those they’re arresting, whenever it sees fit. The whole point of the ruling in Miranda is that it should not be up to law enforcement. A person’s rights are their rights.
  3. The part that really gets me: if anything, this opens up a really, really stupid line of defense for Dzokhar Tsarnaev if he ever faces a criminal trial. His lawyers will undoubtedly claim that the arrest and interrogation was unconstitutional due to the lack of (or delay in) Miranda rights. Why even open up that possibility of a defense for him?
  4. The guy has lived in the US for many years — chances are he actually knows the fact that he has the right to refuse to speak. So, we’re violating our principles, basic Constitutional due process, and opening up a massive opening for a defense, to avoid telling him something he likely already knows.

It’s been said before and it’ll be said again, but turning ourselves into a paranoid police state without basic rights means that those who attack us are winning. We should be better than that, and it’s a shame that our leaders have no problem confirming for the rest of the world that we’re not. What a shame.

April 21, 2013

“Fatally flawed” CISPA bill passed by US congress

Filed under: Law, Liberty, Media, Technology — Tags: , , , , , , — Nicholas @ 08:57

The BBC reports on the unwelcome CISPA bill and its progress through the legislative machinery:

The US House of Representatives has passed the controversial Cyber Information Sharing and Protection Act.

Cispa is designed to help combat cyberthreats by making it easier for law enforcers to get at web data.

This is the second time Cispa has been passed by the House. Senators threw out the first draft, saying it did not do enough to protect privacy.

Cispa could fail again in the Senate after threats from President Obama to veto it over privacy concerns.

[. . .]

The bill could fail again in the Senate after the Obama administration’s threat to use its veto unless changes were made. The White House wants amendments so more is done to ensure the minimum amount of data is handed over in investigations.

The American Civil Liberties Union has also opposed Cispa, saying the bill was “fatally flawed”. The Electronic Frontier Foundation, Reporters Without Borders and the American Library Association have all voiced similar worries.

April 18, 2013

Slowing down the urge to “do something” is a feature, not a bug

Filed under: Law, Liberty, Politics, USA — Tags: , , , , , — Nicholas @ 09:23

David Harsanyi discusses the (limited) mechanisms the US constitution put in place to prevent the whims of temporary majorities being imposed on the country:

To begin with, whether Democrats like it or not, this issue concerns the Constitution — where stuff was written down for a reason. That’s not to say that expanding background checks or banning “assault rifles” would be unconstitutional (though you may believe they both should be). It’s to say that when you begin meddling with protections explicitly laid out in the founding document, a 60-vote threshold that slows down stampeding legislators is the least we deserve.

The Founding Fathers worried that “some common impulse of passion” might lead many to subvert the rights of the few. It’s a rational fear, one that is played out endlessly. Obama, who understands how to utilize public passion better than most, flew some of the Newtown families to Washington for a rally, imploring Americans to put “politics” aside and stop engaging in “political stunts.”

[. . .]

I’m not operating under the delusion that any of this is good national politics for Republicans — though the arguments about obstructionism’s dooming the GOP are probably overblown. No doubt, when the next disaster hits — and it will — Democrats will blame the overlords at the National Rifle Association and Republicans for the act of a madman. That’s life.

But generally speaking, it’d be nice if Congress occasionally challenged the vagaries of American majority “instinct.” Though it might seem antithetical to their very existence, politicians should be less susceptible to the temporary whims, ideological currents and fears of the majority. Theoretically, at least, elected officials’ first concern is the Constitution. And if the need for gun control is predicated chiefly on the polls taken immediately after a traumatic national event, they have a perfectly reasonable justification to slow things down. In fact, if Washington internalizes the 60-vote threshold as a matter of routine, voters should be grateful. Considering Washington’s propensity to politicize everything and its increasingly centralized power (what your health care looks like is now up for national referendums, for instance), this might be the only way left to diffuse democracy.

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