Quotulatiousness

July 30, 2015

Perfect political imagery – the Senate as “our great constitutional appendix”

Filed under: Cancon, Government, Politics — Tags: , , , , — Nicholas @ 05:00

Richard Anderson explains why unlike most mature countries, Canada is unable to amend the constitution:

The Senate is our great constitutional appendix. It gets a bit inflamed from time to time but, a hundred and fifty years in, we’ve generally come to the conclusion that it’s too much of a hassle to get rid of. In other countries, normal nation states, amending a constitution is just one of those things. There’s a convention, people argue about it and eventually some words get swapped in and out of the country’s basic law. The Americans might go so far as to fight a civil war over such things, but for most countries it’s routine stuff.

Having successfully avoided civil wars, insurrections, coup d’etats and other assorted public disturbances, the Canadian project has retained one bizarre character flaw: Our inability to amend the constitution in anything like a sensible manner. For those old enough to have lived through the constitutional wars of the 1970s and 1980s the very mention of the C-word induces terrible flashbacks. Sometimes when I close my eyes I can see Joe Clark talking about amending formulas. In those moments I question the existence of a merciful God.

The latest idea to drift out of the PMO is that Stephen Harper will stop appointing Senators. This is actually quite similar to how the PM approaches maintenance on 24 Sussex Drive. The official residence is almost as old as Canada itself. Unfortunately so is much of the plumbing. The building is literally falling to bits and requires millions in renovations. Being a politician first and a government tenant second, Stephen Harper knows that doing more than the bare minimum to keep up his Ottawa home will provoke shrieks of outrage from the Opposition. Only when the building finally collapses will anything really be done. And at three times the original price.

This same logic will now be applied to the Senate. The PM will stop appointing senators until there is no more Senate. Sounds neat, eh? Except that the Senate is ensconced into the bedrock of our constitutional order. If the number of living breathing Senators drops below quorum the Supreme Court, the real rulers of our fair Dominion, will order the PM to appoint more. Then the PM of the day, perhaps Mr Harper or Mr Mulcair, will shrug their shoulders and do as their bosses tell them.

The only way to get rid of the Senate is to amend the constitution. Like going to the dentist this would be both painful and expensive. Unlike going to the dentist it would also be interminable. Dentists, you see, have golf games. Constitutional lawyers don’t play golf. It would interrupt from their fascinating work of discussing whether or not the power of disallowance is genuinely obsolete. If you don’t understand what that means don’t worry neither do they.

July 14, 2015

QotD: Lenin’s moment of clarity

Filed under: Liberty, Quotations, USA — Tags: , , — Nicholas @ 01:00

There is not very much good to say about the life and career of Vladimir Lenin, but give the pickled old monster this much: He cut through more than two centuries’ worth of bull and straight to the heart of all politics with his simple question: “Who? Whom?” Which is to say: Who acts? Who is acted upon? Even here in the land of the free, meditating upon that question can be an uncomfortable exercise.

The foundation of classical liberalism, and of the American order, is not the rule of law, a written constitution, freedom of speech and worship, one-man/one-vote democracy, or the Christian moral tradition — necessary as those things are. The irreplaceable basis for a prosperous, decent, liberal, stable society is property. Forget Thomas Jefferson’s epicurean flourish — John Locke and the First Continental Congress had it right on the first go-round: “Life, liberty, and property.” Despite the presence of the serial commas in that formulation, these are not really three different things: Perhaps we should render the concept “lifelibertyproperty” the way the physicists write about “spacetime.”

Kevin D. Williamson, “Property and Peace”, National Review, 2014-07-20.

June 30, 2015

The Supreme Court and the rule of law

Filed under: Law, Liberty, Politics, USA — Tags: , , , — Nicholas @ 04:00

At Ace of Spades H.Q., Weirddave explains why — even if you are in favour of Obamacare continuing in its current form — you should be worried that the United States Supreme Court made a huge mistake with the ruling that kept Obamacare alive:

… If it had gone the other way, God knows Congress would have fallen all over itself to to reinstate the subsidy. No, what was so gobsmackingly amazing about the decision was that it was justified on the basis of “intent”. 6 out of 9 justices ignored the black letter written word of law in favor of “intent”

So why is this important? Well, let’s start by asking a simple question: Why has the USA been so prosperous? Expand the scope of the question: Historically, why has the Anglosphere been so successful? If one views all of the countries in the Anglosphere as branches growing off of a British trunk, underneath all of them, providing sustenance and support is one common root:

Rule of Law

Rule of Law is a concept that goes back to Greco-Roman times and earlier. The Bible introduces some Deuteronomic provisions to constrain the king that are perhaps the earliest iterations of the concept. Plato advocated a benevolent monarchy, placing his hopes on the willingness of the king to obey the law, Aristotle firmly rebuked him for such a Utopian concept. Things really got rolling in 1215 with the Magna Carta which limited the power of King John to act unilaterally. Samuel Rutherford turned traditional wisdom on its head with Lex, Rex (“The law is king” as opposed to the traditional Rex, Lex, “The king is law”) Locke discussed the concept in great detail, and the Founding Fathers of the US kept the concept as their guiding star as they wrote the Constitution. In every case, as the concept evolved, society became more prosperous, more just and more stable.

And then along came John Roberts.

So what is Rule of Law? Simply put, Rule of Law means that the laws apply to everyone equally. A law is written. It says what it says, and everyone must obey it. No exceptions. The law applies to everyone, regardless of social status, political position, wealth, situation. The law says that one may not drive drunk. If someone is pulled over and they blow 1.5, it doesn’t matter if they were really sad because their grandfather just died, or if their mother ruled Bartertown. They broke the law, they are arrested and tried. (I do realize that real life isn’t quite as straightforward and often times position, power or wealth DO determine how laws are applied in individual cases, but we’re talking theory here). Rule of Law creates a level playing field for everyone.

Real life example: You want to set up a toilet paper factory. You can set it up in America, where a codified set of laws protects your property rights and sets legal limits on what the government can do to you, or you can set up shop in Venezuela where what you build belongs to a corrupt government and can be taken from you at anytime. Where do you build your factory?

Exactly, and that’s why Wal-Mart carries dozens of different types of toilet paper and they are wiping their asses with pine cones in Caracas.

May 26, 2015

Ilya Somin’s new book on eminent domain

Filed under: Books, Law, Liberty, USA — Tags: , , , — Nicholas @ 04:00

The book is being published in time to mark the tenth anniversary of the Supreme Court’s dreadful Kelo decision:

My new book, The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain is now in print. It is the first book about the Kelo decision and the massive political backlash it generated, written by a legal scholar. The Grasping Hand is coming out just in time for the tenth anniversary of Kelo on June 23.

Kelo-Book-Cover-Final-Version-e1432095413354Here is a summary from the University of Chicago Press website (the book is also co-published by the Cato Institute):

    In 2005, the Supreme Court ruled that the city of New London, Connecticut, could condemn fifteen residential properties in order to transfer them to a new private owner. Although the Fifth Amendment only permits the taking of private property for “public use,” the Court ruled that the transfer of condemned land to private parties for “economic development” is permitted by the Constitution – even if the government cannot prove that the expected development will ever actually happen. The Court’s decision in Kelo v. City of New London empowered the grasping hand of the state at the expense of the invisible hand of the market.

    In this detailed study of one of the most controversial Supreme Court cases in modern times, Ilya Somin argues that Kelo was a grave error. Economic development and “blight” condemnations are unconstitutional under both originalist and most “living constitution” theories of legal interpretation. They also victimize the poor and the politically weak for the benefit of powerful interest groups, and often destroy more economic value than they create. Kelo itself exemplifies these patterns. The residents targeted for condemnation lacked the influence needed to combat the formidable government and corporate interests arrayed against them. Moreover, the city’s poorly conceived development plan ultimately failed: the condemned land lies empty to this day, occupied only by feral cats.

    The Supreme Court’s unpopular ruling triggered an unprecedented political reaction, with forty-five states passing new laws intended to limit the use of eminent domain. But many of the new laws impose few or no genuine constraints on takings. The Kelo backlash led to significant progress, but not nearly as much as it may have seemed.

    Despite its outcome, the closely divided 5-4 ruling shattered what many believed to be a consensus that virtually any condemnation qualifies as a public use under the Fifth Amendment. It also showed that there is widespread public opposition to eminent domain abuse. With controversy over takings sure to continue, The Grasping Hand offers the first book-length analysis of Kelo by a legal scholar, alongside a broader history of the dispute over public use and eminent domain, and an evaluation of options for reform.

May 11, 2015

Nepal’s tragic unpreparedness for disaster

Filed under: Asia, Government — Tags: , , , , , — Nicholas @ 04:00

In The Walrus, Manjushree Thapa explains why Nepal was so badly prepared for the earthquake:

Following the April 25 earthquake, Nepalis have had to learn the value of preparedness in the most painful way possible. In the aftermath, Pushpa Acharya, a Nepali friend at the University of Toronto, observed, “Knowledge was not our problem.” Indeed. We all knew that our country sits on an active fault line, where the subcontinent collided with the Eurasian plate with such force it created the Himalayas. The last big quake took place in 1934. Others have since struck, but none with the force of 1934’s 8.0 or April 25’s 7.9. We knew that a big earthquake was due.

It was our duty to prepare, and though some of us did so individually, as a society we ignored the warnings. In the past ten days, during search and rescue, and then the beginnings of relief, we’ve had to do some hard thinking about how our country could become more responsible going forward. The root problem may seem obvious: Nepal is one of the poorest countries in the world. Its poverty is, however, a symptom of our history of ill governance, and the reason for our national failure to prepare, which has kept us from becoming a functioning democracy.

When the earthquake struck, the country was in a deep and deeply depressing stupor. The governing parties — a coalition of the Nepali Congress Party and the Unified Marxist Leninists — had reached an impasse with Nepal’s thirty-three opposition parties about what kind of constitution to draft. There was no plan for the country as a whole, let alone in the case of an emergency. The drafting of a constitution has preoccupied, confounded, and eluded Nepal’s polity since 2006, when the Maoists ended a ten-year insurgency to join forces with other parties to remove Gyanendra Bir Bikram Shah. Nepal’s king had used the war as an excuse to end a fragile fifteen-year spell of democracy and install his own military-backed rule. A mass movement restored democracy, and the subsequent peace process promised to restructure the country along just and equitable lines through the drafting of a new constitution

April 30, 2015

The rise of “administrative law” in the United States

Filed under: Bureaucracy, Law, USA — Tags: , , — Nicholas @ 03:00

In City Journal, Myron Magnet reviews a new book by Philip Hamburger on the rise and rise of the regulatory state:

We conservatives like to complain about overregulation and point to this or that destructive rule, but few of us go so far as Philip Hamburger does in his immensely important Is Administrative Law Unlawful?, published last year. A Columbia law professor, Hamburger indicts the entire structure of executive-agency rulemaking as illegitimate. It’s not just the regulations that have to go but the regulators as well, since their job is to fling down the Constitution and dance on it.

For over 400 pages of a 511-page, doorstopper-weight text, Hamburger counts the ways in which the slithery Medusa’s head of executive-branch agencies — from the Interstate Commerce Commission and the National Labor Relations Board to the Environmental Protection Agency and the Consumer Financial Protection Bureau, all spitting out the venom of administrative law — constitutes a flagrant affront to the Constitution. For starters, the Constitution lodges all legislative power in Congress, which therefore cannot delegate its lawmaking function. So it’s forbidden for Congress to pass a law creating an executive-branch agency that writes rules legally binding on citizens — for example, to set up an agency charged with making a clean environment and then to let it make rules with the force of law to accomplish that end as it sees fit. “The power of the legislative,” as the Founding Fathers’ tutelary political philosopher, John Locke, wrote, is “only to make laws and not to make legislators.” And if Congress can’t delegate the legislative power that the Constitution gives it, it certainly cannot delegate power that the Constitution doesn’t give it — namely, the power to hand out selective exemptions from its laws, which is what agencies do when they grant waivers.

Second, Constitution architect James Madison, following political theorist Baron de Montesquieu, saw the separation of powers as an essential bulwark of American liberty. But administrative agencies, which make rules, carry them out, and adjudge and punish infractions of them, blend together legislative, executive, and judicial powers in one giant anti-constitutional Cuisinart. Moreover, judicial power is as undelegatable as legislative power, since the Constitution lodges all of it in the judicial branch. So third, while administrative judges may look “just like real judges,” says Hamburger, they are no such thing — and not only because the Constitution makes it impossible for them to be so but also because, unlike real judges, their sole duty, rather than using their independent and expert judgment to carry out the law of the land, is to carry out the policy of their agency, as set and overseen by their department chief or the relevant cabinet secretary who in turn oversees him. As Justice William Howard Taft pronounced, an administrative tribunal is “miscalled a court.”

March 31, 2015

QotD: The constitutional issue for Canadians

Filed under: Cancon, Government, Quotations — Tags: — Nicholas @ 01:00

In a normal country, like say Botswana or Mongolia, modernizing a constitution is just one of those things that politicians get around to doing once in a generation or so. It’s no big deal. But then again in these countries, not run by crazy people, updating your basic legal instrument isn’t seen as a threat to national unity. Imagine sitting down with an American or Frenchman and saying, with a straight face, that if they were to attempt to amend their constitutions it would provoke a national unity crisis. They’d think you were nuts or the country in question was some third rate third world banana republic.

Our constitution complex is one of those weird quirks of the national psyche. A nation of accountants who, on the weekends, like to play Russian roulette just to take the edge off. We are a boring country, boring as a matter of principle really, but we decided that when it comes to arcane legal questions we’re willing to blow the whole place up. Just because.

Richard Anderson, “Please God No. Anything But This”, The Gods of the Copybook Headings, 2015-03-23.

October 30, 2014

Copyright’s friends and enemies

Filed under: Books, Business, Law, Media, USA — Tags: , — Nicholas @ 07:46

Mike Masnick linked to an article in The New Yorker by Louis Menand which tries to explain the concept of copyrights, the problems of ever-extending copyright terms, and who stands on each side of the ongoing debate:

The point of Peter Baldwin’s fascinating and learned (and also repetitive and disorganized) The Copyright Wars (Princeton) is that the dispute between analog-era and digital-era notions of copyright is simply the latest installment of an argument that goes all the way back to the Statute of Anne. The argument is not really about technology, although major technological changes tend to bring it back to life. It’s about the reason for creating a right to make copies in the first place.

In the United States, the reason is stated in the Constitution. Article I gives Congress power “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.” The Copyright Act of 1790 set the length of copyright at fourteen years, renewable for another fourteen, after which the work falls into the public domain.

A right is just the flip side of a prohibition. The thinking behind Article I is that prohibiting people from copying and selling someone else’s original work is a way of encouraging the writing of useful or entertaining books, just as awarding a patent is a way of encouraging the invention of useful or enjoyable things. The prohibition operates as an incentive for the protected party. For a limited period — fourteen or twenty-eight years — authors get to enjoy the profits from sales of their books, and this prospect of reward induces people to write.

But Article I makes it clear that the ultimate beneficiary of books and inventions is the public. Copyrights are granted and patents are issued in order “to promote the Progress of Science and useful Arts.” This is why the Constitution dictates a limit on the right to make copies. After the term of protection expires, a work cannot be copyrighted again. It becomes a public good. It is thrown into the open market, which allows it to be cheaply reproduced, and this speeds the distribution of knowledge. “Intellectual property is a frail gondola that ferries innovation from the private to the public sphere, from the genius to the commons,” as Paul K. Saint-Amour, one of the leading literary scholars of copyright, elegantly describes it.

September 30, 2014

Implementing libertarian principles in practical politics

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

P.J. O’Rourke talks to Senator Rand Paul:

The Senator smiled and shrugged. “I never really felt like it was a problem explaining libertarian principles in practical politics. Republicans are champions of economic liberty. Democrats are champions of personal liberty. Bring the two back together.”

The Senator said, “The problem is mostly how people characterize libertarianism. But that’s changing. Libertarian has gone from being something scary to something people like as a label for themselves.”

He said, “There are different ways to get where we want to go.” And gave an example of going nowhere. “Nothing good has come out of the war on drugs.”

“What’s a different way?” I asked.

“I like the unenumerated powers.”

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. The Tenth Right in the Bill of Rights keeps us from having just nine rights.

“In The Federalist Papers,” I said, “Hamilton argued against the Bill of Rights on the grounds that government even mentioning rights like free speech implied government had some power over those rights.”

“But it’s a good thing we did write them down,” the Senator said, “otherwise we’d have nothing left.”

Senator Paul asked, not quite rhetorically, “Is this the ‘Libertarian Moment’? If so, it probably won’t come from a third party. Probably it will come from within a party.”

“From within the Democratic Party?” He didn’t seem to think it was inconceivable. “In New Hampshire,” he said, “even Democrats are against state income and sales taxes.”

But he didn’t seem to think it was likely either. “Republicans are an ideological coalition,” he said. “Democrats are a coalition of ideologies. The only thing Democrats agree on is income redistribution.”

Sen. Paul said, “Republicans have tradition on their side. It’s the American revolution versus the French Revolution.”

This was a switch – a flip-flop if you will – from Thomas Paine’s radical liberty de facto to Edmund Burke’s traditional liberty de jure. But I don’t fault the Senator. No friend of liberty can avoid the tumble back and forth between Burke and Paine.

“Tradition is a good thing,” the Senator said. “Ninety percent of Americans don’t break the law, not because there’s a law against it, but because they have a tradition of conscience. Republicans are traditional. But tradition can be boring. Libertarianism spices things up. Republicans have to either adapt, evolve, or die. They either have to water [down] their message — or extend liberty.”

August 19, 2014

Barack Obama’s clemency deficit

Filed under: Law, Liberty, USA — Tags: , , — Nicholas @ 08:31

I’ve posted items like this before, showing that President Obama is the least merciful president of modern times (and the only presidents less clement were Washington, Harrison, and Garfield). Now the New York Times editorial board joins the chorus:

On Jan. 20, 2009, in his last moments as president, George W. Bush gave Barack Obama a hard-earned bit of wisdom: whatever you do, he said, pick a pardon policy and stick with it.

It was sage advice, yet, more than five years later, President Obama has not heeded it. As a result, as one former pardon attorney has said, the clemency power is “the least respected and most misunderstood” power a president has. Yet it is granted explicitly by the Constitution as a crucial backstop to undo an unjust conviction or to temper unreasonably harsh punishments approved by lawmakers. It also can restore basic rights, like the right to vote, that many people lose upon being convicted.

In the past, presidents made good use of it, but as tough-on-crime policies became more popular, the number of grants fell dramatically. Judging by the numbers, Mr. Obama, who has, so far, granted just 62 clemency petitions, is the least merciful president in modern history.

[…]

Mr. Obama’s failure to wield the pardon power more forcefully is all the more frustrating when considered against the backdrop of endless accusations that he is exercising too much executive authority, sometimes — his critics say — arbitrarily if not illegally. In this case, he should take advantage of a crucial power that the Constitution unreservedly grants him.

As Jacob Sullum said, “Obama deserves credit for this amazing accomplishment: He has made Richard Nixon look like a softie.”

July 5, 2014

So how would they react to a strong pro-liberty Supreme Court decision?

Filed under: Law, Liberty, USA — Tags: , , , — Nicholas @ 10:43

Shikha Dalmia says that the relatively mild pro-liberty decisions from the US Supreme Court in this session have driven progressives wild. It’s hard to justify going to DEFCON-5 over Hobby Lobby or Harris … isn’t it?

This week, the United States Supreme Court handed down two rulings that are a victory for the liberties of religion, speech, and association enshrined in the First Amendment. That ought to be cause for a double celebration on July 4. But instead, the rulings, issued on the narrowest possible grounds, constitute a victory so modest — and have elicited a response from the left so hysterical — that anyone serious about liberty can’t help but be a little depressed right now.

The case that has attracted disproportionate attention is informally known as Hobby Lobby, and it challenged ObamaCare’s contraceptive mandate. This mandate requires all for-profit companies to provide all 20 forms of birth control approved by the FDA, including pills and “abortifacients,” even though they violate the Christian (Assembly of God, to be precise) convictions of the owners of Hobby Lobby, an arts and crafts chain in Texas, who were willing to cover “only” 16.

[…]

None of this, however, prevented the left from throwing a collective hissy-fit. Social media erupted into tiresome taunts of fascism. Ann Friedman called the ruling a “blow to reproductive rights” that made her want to issue “an outraged scream, sort of a combination groan-wail…while beating my fists against the desk on either side of my laptop.” (Hey Ann, be careful: A new laptop will cost you several years’ of contraceptive pills. Generic versions sell at Costco for $25 a month.)

Such moral huffing and puffing was also on display in response to the Supreme Court’s ruling in Harris vs. Quinn. That case involved the right of family members of disabled loved ones to offer care without having their state aid garnished by public unions. Harris, a mom who was providing home care to her 25-year-old disabled son, had sued the state of Illinois for forcing her to pay dues to a government union.

But what in the name of Jimmy Hoffa does looking after her son have to do with the union?

Apparently, because she receives state subsidies for caring for her son, Illinois, along with a dozen other states, considers her a “home health care worker.” This means she must submit to the exclusive representation of a government union in collective bargaining negotiations — even though she supports neither the union nor its goals.

June 29, 2014

Freedom of (certain kinds of) political speech

Filed under: Law, Liberty, Politics, USA — Tags: , , , , , — Nicholas @ 10:04

Mark Steyn explains why it’s not a trivial thing to allow the Internal Revenue Service to operate as the financial wing of a political party:

… we’ve had a steady stream of emails from readers explaining that this is all well and good but it’s taxable income and what I really need to do is set up a 501(c)3 or 501(c)4 or 501(c)87 or some such as a vehicle for this campaign.

To which the answer is: well, we certainly considered the possibility, and a few years ago I might have entertained the notion. But not anymore. The National Organization for Marriage, which was founded to protect the pre-revisionist definition of marriage, is, in its various arms, both a 501(c)3 and a 501(c)4. As such, its tax returns are publicly available, but not its donor lists. Nevertheless, it is obliged to report its donors on Schedule B to the Internal Revenue Service. Someone at the IRS leaked the donor lists to a man called Matthew Meisel, a gay activist in Boston. Meisel in turn passed it on to the gay group Human Rights Campaign (whose president was a national co-chair of the Obama re-election campaign), and HRC in turn published the list of donors, which was subsequently re-published by The Huffington Post.

There’s no secret about why they’d do such a thing. As we know, if you disagree with progressive orthodoxy, you have no right to host a cable-TV home-decor show or give a commencement address at an American university or be a beauty-queen contestant. But that’s not enough for these groups. If you’re not a public figure, if you’re just a Californian who puts up a yard sign or a bumper sticker on Proposition Eight, your car will be keyed and your house defaced. And likewise, if you slip a check in the mail for a modest sum, it is necessary that you also be made an example of. Brandon Eich, Richard Raddon and Scott Eckern all lost prominent positions as chief executives because of their donations. But Marjorie Christoffersen, a 67-year-old Mormon who works in the El Coyote restaurant in Los Angeles, was forced to quit because she wrote a $100 check in support of Proposition Eight.

So, when it comes to the leaking of donor lists, we’re not dealing with anything “theoretically” or “potentially” “troubling”. These guys act on this information, and act hard, and they are willing to destroy your life for a hundred bucks.

This is nothing to do with whether you support or oppose same-sex marriage. This is about whether you support free speech, public advocacy, private advocacy and ultimately — one day soon — the sanctity of the ballot box, and whether you oppose a culture of partisan thuggery.

So how did leaking the National Organization for Marriage donor lists work out for the IRS? Well, after a two-year legal battle, the Government of the United States admitted wrongdoing and agreed to settle. For $50,000.

After two years in the toilet of American “justice”, I can tell you that 50 grand barely covers your tips to the courthouse washroom attendant. It’s nothing. The IRS budget is over $11 billion, so you figure out how many organizations’ donor lists they can leak for 50K a pop while still keeping it under “Miscellaneous” in the annual breakdown. $50,000 isn’t even a slap on the wrist — and this notwithstanding that the IRS, as it has in the Lois Lerner case, obstructed and lied, almost laughably: For example, they claimed that the leak was an inadvertent error by a low-level clerk called Wendy Peters in March 2011. But in February 2011 Mr Meisel, the gay activist, was already letting it be known that he had a source who could get him the info.

As in the Lerner case, the inconsistencies and obfuscations were irrelevant. Like Ms Lerner, Mr Meisel took the Fifth. The NOM asked the Department of Justice to grant Meisel immunity so that he could be persuaded to disclose what really happened. But Eric Holder’s corrupt Justice Department had already decided it wasn’t going to investigate the matter so it had no reason to grant Meisel immunity. The Fifth Amendment, a constitutional safeguard to protect the citizen against the state in potentially criminal matters, is being creatively transformed to protect the state against the citizens in matters for which a corrupt and selective Justice Department will never bring criminal prosecution.

So, when it comes to leaking confidential taxpayer information for partisan advantage, the IRS got away with it.

June 24, 2014

“How should we do x?”

Filed under: Government, USA — Tags: , , , — Nicholas @ 09:11

The urge to provide a national (or even a global) solution to a given problem is almost always mistaken. Kevin Williamson explains why:

“How should we do x?” The main problem is not the answer, but the question itself, and the assumptions behind that question, the belief that an answer exists.

Some policies must, by their nature, be implemented at the national level. If you’re going to have a sovereign nation-state, you need a national defense apparatus (which is not to say you need our national-defense apparatus; there are alternatives), and you probably need a national immigration policy, etc. The basic architecture of the current American constitutional order, which is a remarkably wise and intelligent piece of work, contemplates national policies in those areas in which the several states interact with foreign powers and in those cases in which the states cannot coordinate efforts or resolve disputes among themselves on their own. That, along with some 18th-century anachronisms (post roads, etc.) and some awful economic superstitions (political management of trade, a political monopoly on the issuance of currency), constitutes most of what the federal government is in theory there to do. That and fighting pirates and others committing “felonies on the high seas,” of course, which is awesome, and we can all feel patriotic about fighting pirates.

But … if we look at federal programs by budget share, almost nothing that Washington does requires a national policy. There’s national defense, of course, at around 20 percent of spending; you may believe, as I do, that that number is probably too high, but national defense is a legitimate national endeavor. But most federal spending is on various entitlement programs — Social Security, Medicare, Medicaid, and various other welfare benefits. There is not much reason for any of these programs to exist at all — government is a criminally inept pension planner and a thoroughly incompetent insurance company — and there is very little reason for any of them to exist as uniform, one-size-fits-all national programs. Start digging into that non-defense discretionary spending and you end up with very little more than a catalog of crony payoffs and political favoritism.

There is no more reason to believe that a single government-run pension scheme is in each individual’s best interest than to believe that a single city or single model of car is right for everybody. And the people who design and plan these programs know that. The point of Social Security — like the point of insisting that health insurance is “a right” rather than a consumer good — is to redefine the relationship between citizen and state. That is the real rationale for a national pension scheme or a national insurance policy. For several generations now, we’ve been changing the very idea of what it means to be an American citizen. It used to mean being entitled to enjoy liberty and republican self-governance under the Constitution. Eventually, it came to mean being eligible for Social Security, functionally if not formally. Now it means being eligible for Obamacare. The name of the project may change every generation, and its totems may evolve from Bismarck to Marx to “the experts” — that legion of pointy-headed Caesars who are to be the final authority in all matters in dispute — but the dream remains the same: society as one big factory under the management of enlightened men with extraordinary powers of compulsion.

June 11, 2014

LA court delivers a major blow against tenure for teachers in California

Filed under: Bureaucracy, Education, Law, USA — Tags: , , , — Nicholas @ 07:14

The Los Angeles Times on yesterday’s decision:

Teachers union officials denounced a ruling Tuesday by a Los Angeles County Superior Court judge deeming job protections for teachers in California as unconstitutional as a misguided attack on teachers and students.

The ruling represents a major loss for the unions and a groundbreaking win by attorneys who argued that state laws governing teacher layoffs, tenure and dismissals harm students by making them more likely to suffer from grossly ineffective instruction.

If the preliminary ruling becomes final and is upheld, the effect will be sweeping across California and possibly the nation.

Judge Rolf M. Treu ruled, in effect, that it was too easy for teachers to gain strong job protections and too difficult to dismiss those who performed poorly in the classroom. If the ruling stands, California will have to craft new rules for hiring and firing teachers.

[…]

The Silicon Valley-based group Students Matter brought the lawsuit on behalf of nine students, contending that five laws hindered the removal of ineffective teachers.

The result, attorneys for the plaintiffs said, is a workforce with thousands of “grossly ineffective” teachers, disproportionately hurting low-income and minority students. As a result, the suit argued, the laws violated California’s constitution, which provides for equal educational opportunity.

The laws were defended by the state of California and the two largest teacher unions — the California Teachers Assn. and the California Federation of Teachers. Their attorneys countered that it is not the laws but poor management that is to blame for districts’ failing to root out incompetent instructors.

April 27, 2014

Gerrymandering

Filed under: Books, Politics, USA — Tags: , , , , — Nicholas @ 09:49

Former US Supreme Court Justice John Paul Stevens has published a book in which he calls for certain amendments to the constitution, one of which is quite appealing:

1. Requiring that congressional and state legislative districts be “compact and composed of contiguous territory” to stop both parties from carving out safe seats.

US electoral districts can be particularly odd creatures. In a post from 2010, Zombie looks at the “top ten” gerrymandered districts … and they’re hard to believe. Here’s North Carolina-12, number 10 on the list:

This is what most people imagine when they think of a gerrymandered district — what I call “Gerrymander Classic.” NC-12 looks very much like the gerrymandered districts of the 19th century, but taken to extremes. As bad as it is, NC-12 at least looks like a congressional district, with meandering lines, consistent width, and hand-drawn appearance. As we’ll soon see, modern gerrymandering is often another animal altogether, with jarring shapes and artificial boundaries that are not just offensive to the eye but somehow feel like an insult to rationality.

This is what most people imagine when they think of a gerrymandered district — what I call “Gerrymander Classic.” NC-12 looks very much like the gerrymandered districts of the 19th century, but taken to extremes. As bad as it is, NC-12 at least looks like a congressional district, with meandering lines, consistent width, and hand-drawn appearance. As we’ll soon see, modern gerrymandering is often another animal altogether, with jarring shapes and artificial boundaries that are not just offensive to the eye but somehow feel like an insult to rationality.

Coming in at number 5, it’s Illinois-17:

Political scientists love to cite IL-17 as the prototypical gerrymandered district, and you are likely to see IL-17 used as the illustration in many academic treatises about redistricting. And we can see why here. Its shape has often been described as “a rabbit on a skateboard,” though to me it looks more like an embryonic ichneumon wasp with a pancreatic cyst. We saw above how PA-12 was a gerrymandering blunder by the Republicans; IL-17 is the opposite, a gerrymandered district created by Democrats to ensure themselves a seat in western Illinois — but which this year was snatched from their grasp by Tea Party candidate and now congressman-elect Bobby Schilling. Ooops! The Democrats went out on a limb when drawing IL-17 — several limbs, by the looks of it — but the wave election of 2010 changed the electoral landscape. Let me repeat my warning to over-confident redistricters next year: THINGS CHANGE. Gerrymander at your own risk.

Political scientists love to cite IL-17 as the prototypical gerrymandered district, and you are likely to see IL-17 used as the illustration in many academic treatises about redistricting. And we can see why here. Its shape has often been described as “a rabbit on a skateboard,” though to me it looks more like an embryonic ichneumon wasp with a pancreatic cyst. We saw above how PA-12 was a gerrymandering blunder by the Republicans; IL-17 is the opposite, a gerrymandered district created by Democrats to ensure themselves a seat in western Illinois — but which this year was snatched from their grasp by Tea Party candidate and now congressman-elect Bobby Schilling. Ooops! The Democrats went out on a limb when drawing IL-17 — several limbs, by the looks of it — but the wave election of 2010 changed the electoral landscape. Let me repeat my warning to over-confident redistricters next year: THINGS CHANGE. Gerrymander at your own risk.

And finally, the circa 2010 winner of the most gerrymandered district in the United States award, Illinois-4:

Here it is: The most ridiculous congressional district in the entire country. No, you’re not looking at two districts; IL-4 has two absurdly gerrymandered halves held together by a thin strip of land at its western edge that is nothing more than the median strip along Interstate Highway 294. The end result is a gerrymandered gerrymander, a complete mockery of what congressional representation is even supposed to be. As with AZ-2, the intention behind IL-4 was to create an ethnic enclave, in this case an Hispanic-majority district within an otherwise overwhelmingly non-Hispanic Chicago. Problem is, Chicago has two completely distinct and geographically separate Hispanic neighborhoods — one Puerto Rican, the other Mexican — but neither is large enough to constitute a district majority on its own. Solution? Lump all Hispanics together into a supposedly coherent cultural grouping, and then carefully draw a line surrounding every single Hispanic household in Chicago, linking the two distant neighborhoods by means of an uninhabited highway margin. Voila! One Hispanic congressperson, by design. And as a side-effect, the most preposterous congressional district in the United States.

Here it is: The most ridiculous congressional district in the entire country. No, you’re not looking at two districts; IL-4 has two absurdly gerrymandered halves held together by a thin strip of land at its western edge that is nothing more than the median strip along Interstate Highway 294. The end result is a gerrymandered gerrymander, a complete mockery of what congressional representation is even supposed to be. As with AZ-2, the intention behind IL-4 was to create an ethnic enclave, in this case an Hispanic-majority district within an otherwise overwhelmingly non-Hispanic Chicago. Problem is, Chicago has two completely distinct and geographically separate Hispanic neighborhoods — one Puerto Rican, the other Mexican — but neither is large enough to constitute a district majority on its own. Solution? Lump all Hispanics together into a supposedly coherent cultural grouping, and then carefully draw a line surrounding every single Hispanic household in Chicago, linking the two distant neighborhoods by means of an uninhabited highway margin. Voila! One Hispanic congressperson, by design. And as a side-effect, the most preposterous congressional district in the United States.

The kicker? Those ten are at least legal in that they’re contiguous. Zombie goes on to show some even more outrageous examples where that requirement is blatantly ignored.

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