Quotulatiousness

May 1, 2012

A second Obama term might be better for the Republicans

Filed under: Economics, Liberty, Politics, USA — Tags: , , , , , — Nicholas @ 09:57

Shikha Dalmia explains why a Mitt Romney presidency is far from the best outcome for the Republican party:

One: Smart folks are betting that the Supreme Court will outlaw the individual mandate but leave the rest of ObamaCare to Congress. Hence, one conservative argument for a Romney victory is that, combined with a GOP-controlled Congress, it’ll offer the last hope for repealing the law. But repeal is not an end in itself. The question is, can the GOP replace ObamaCare with sensible market-based reforms?

[. . .]

Two: Commentators like Michael Gerson maintain that precisely because Romney has been a serial flipper previously, he’ll be less likely to flop now on conservative issues. But Romney’s desperation to establish his street cred with the base is not a blessing when it comes to government spending.

[. . .]

Three: Both the left and the right, according to the polls, are troubled by the fact that America is becoming a land of crony capitalism. No doubt that’s why Romney has been mouthing clumsy platitudes about how “you’ve got to stop the spread of crony capitalism” and striking a brave pose against the auto bailout.

But, tellingly, the financial bailout was just fine with him. That’s no coincidence. He is, after all, the ultimate Wall Street insider, receiving millions of dollars in subsidies and government handouts for companies he was trying to rescue as CEO of Bain Capital. He might not be running with the intention of helping his corporate pals, but it is inevitable that they’ll have his ear. Their interests and needs are far more comprehensible to him than, say, those of consumers

[. . .]

Four: If Romney wins this election, odds are he’ll automatically be the Republican nominee in 2016. Regardless of whether he wins then, this will effectively kill all prospects for putting a more serious Republican reformer (such as Wisconsin’s Rep. Paul Ryan) in the White House until 2020 or 2024. It might be far better to swallow hard and accept another Obama term to keep the path clear for a Republican more likely to deal with our fiscal and political dysfunction, rather than elect President Romney and block that possibility for another generation.

March 27, 2012

Reason.tv: Obamacare goes to the Supreme Court

Filed under: Government, Law, Liberty, USA — Tags: , , , , — Nicholas @ 14:33

Does the fate of a federal government with limited powers rest in the hands of Supreme Court Justice Antonin Scalia? And if so, will he rule against broad federal powers (as he did in the Gonzales case) or in favor of the feds’ right to regulate just about anything (as he did in the Raich case)?

The Supreme Court case over The Affordable Care Act, a.k.a. Obamacare, “is certainly the most important case on the reach of federal power in 50 years” says attorney and legal scholar Timothy Sandefur of the Pacific Legal Foundation. “The constitutional principle of where is the line drawn on federal power — that’s a matter that our children and grandchildren will have to live with.”

The ruling will come sometime in early June, predicts Sandefur, who tells Reason.tv that the Affordable Care Act raises multiple constitutional issues: Can part of the law be struck down and other upheld? Is the “individual mandate,” which forces all Americans to purchase insurance as a condition of simply being alive, legal? Does the law’s massive expansion of Medicaid shred the right of states to govern their own finances?

March 25, 2012

Reason.tv: 3 Reasons to End Obamacare Before it Begins!

Filed under: Economics, Government, Health, Law, USA — Tags: , , , , , — Nicholas @ 08:36

January 25, 2012

A unanimous Supreme Court decision against GPS tracking that still leaves wiggle room for the police

Filed under: Law, Liberty, Technology — Tags: , , , , , — Nicholas @ 11:08

Jacob Sullum on the very narrow grounds used by the majority to decide US v. Jones:

“If you win this case,” Supreme Court Justice Stephen Breyer told Deputy Solicitor General Michael Dreeben during oral argument in U.S. v. Jones last fall, “there is nothing to prevent the police or the government from monitoring 24 hours a day the public movement of every citizen of the United States.” That prospect, Breyer said, “sounds like 1984.”

Fortunately, the government did not win the case. But the Court’s unanimous decision, announced on Monday, may not delay Breyer’s 1984 scenario for long. Unless the Court moves more boldly to restrain government use of new surveillance technologies, the Framers’ notion of a private sphere protected from “unreasonable searches and seizures” will become increasingly quaint.

[. . .]

The majority therefore concluded that it was unnecessary to resolve the question of whether Jones had a “reasonable expectation of privacy” regarding his travels on public roads. By contrast, the four other justices, in an opinion by Samuel Alito, said he did, given that investigators tracked all his movements for a month — a kind of surveillance that can reveal a great deal of information about sensitive subjects such as medical appointments, psychiatric treatment, and political, religious, or sexual activities.

While Scalia’s approach draws a clear line that cops may not cross without a warrant, it does not address surveillance technologies that involve no physical intrusion, such as camera networks, satellites, drone aircraft, and GPS features in cars and smart phones. If police had tracked Jones by activating an anti-theft beacon or following his cell phone signal, they could have obtained the same evidence without touching his property.

December 22, 2011

Gingrich would attempt to “break” judges who issue decisions he doesn’t like

Filed under: Government, Law, Politics, USA — Tags: , , , — Nicholas @ 08:57

And this guy is running for the Republican nomination? Here’s George Will on Gingrich’s latest campaign stance:

To teach courts the virtue of modesty, President Gingrich would attempt to abolish some courts and impeach judges whose decisions annoy him — decisions he says he might ignore while urging Congress to do likewise. He favors compelling judges to appear before Congress to justify decisions “out of sync” with majorities, and he would sic police or marshals on judges who resist congressional coercion. Never mind that judges always explain themselves in written opinions, concurrences and dissents.

Gingrich’s unsurprising descent into sinister radicalism — intimidation of courts — is redundant evidence that he is not merely the least conservative candidate, he is thoroughly anti-conservative. He disdains the central conservative virtue, prudence, and exemplifies progressivism’s defining attribute — impatience with impediments to the political branches’ wielding of untrammeled power. He exalts the will of the majority of the moment, at least as he, tribune of the vox populi, interprets it.

December 10, 2011

Barack Obama and Teddy Roosevelt: the economic parallels

Filed under: Economics, History, USA — Tags: , , , , — Nicholas @ 12:12

Jim Powell looks more deeply at the similarities between Barack Obama and Theodore Roosevelt:

President Obama is a smart man who believes great wealth is a social problem, and ordinary people would be better off if wealth were substantially taxed away. Recently he drew inspiration from Theodore Roosevelt, another smart man who had a similar view, completely misinterpreted what was happening in the economy, and actively disrupted it.

Theodore Roosevelt was the man who, in 1906, encouraged progressives to promote a federal income tax after it was struck down by the Supreme Court and given up for dead. He declared that “too much cannot be said against the men of great wealth.” He vowed to “punish certain malefactors of great wealth.”

Perhaps TR’s view was rooted in an earlier era when the greatest fortunes were made by providing luxuries for kings, like fine furniture, tapestries, porcelains and works of silver, gold and jewels. Since the rise of industrial capitalism, however, the greatest fortunes generally have been made by serving millions of ordinary people. One thinks of the Wrigley chewing gum fortune, the Heinz pickle fortune, the Havemeyer sugar fortune, the Shields shaving cream fortune, the Colgate toothpaste fortune, the Ford automobile fortune and, more recently, the Jobs Apple fortune. TR inherited money from his family’s glass-importing and banking businesses, and maybe his hostility to capitalist wealth was driven by guilt.

Like Obama, TR was a passionate believer in big government — actually the first president to promote it since the Civil War. He said, “I believe in power … I did greatly broaden the use of executive power … The biggest matters I managed without consultation with anyone, for when a matter is of capital importance, it is well to have it handled by one man only … I don’t think that any harm comes from the concentration of power in one man’s hands.”

November 23, 2011

BC Supreme Court upholds law against polygamy

Filed under: Cancon, Law, Liberty, Religion — Tags: , , , , — Nicholas @ 13:34

I’m somewhat surprised that the court upheld the existing law: I’d expected them to strike it down as overbroad.

Polygamy remains a crime in Canada, B.C. Supreme Court Chief Justice Robert Bauman ruled Wednesday. In his ruling, Bauman said the law violates the religious freedom of fundamentalist Mormons, but the harm against women and children outweighs that concern.

Bauman reserved judgment on the landmark case in April, after hearing 42 days of legal arguments during the unusual reference case, with opposing parties arguing the right to religious freedom and the risk of harm polygamy poses to women and children.

The constitutional issue was referred to the B.C. Supreme Court by the provincial government after polygamy charges laid against Bountiful, B.C., Mormon leaders Winston Blackmore and James Oler were stayed in 2009.

While this particular case involved Mormons, the majority of people whose marital arrangements would be affected are Muslims: there are an unknown (but growing) number of polygamous marriages among recent Muslim immigrants to Canada. If the existing law had been struck down, there would have been a scramble among regional and local government agencies to cope with the expected increase in demands for appropriate housing and support from newly legal multi-spouse families.

October 19, 2011

Supreme Court rules that linking to defamatory material is not libel

Filed under: Cancon, Law, Media, Technology — Tags: , , , , — Nicholas @ 12:03

The Supreme Court of Canada makes the common sense ruling:

Hyperlinking to defamatory material on the internet does not constitute publishing the defamatory material itself, the Supreme Court of Canada ruled Wednesday.

The ruling will alleviate fears that holding someone liable for how they use hyperlinks on websites, personal ones or others, could cast a chill on internet use.

The responsible use of the internet and how traditional defamation law applies to modern technologies were at issue in this case, which was watched closely by media organizations and civil liberties groups.

How someone can protect their reputation in the internet age when content is passed around with the quick click of a button was also considered in the case. On social media websites such as Facebook and Twitter, users often share links, and the court’s ruling could have dramatically disrupted that function had it gone the other way.

In its unanimous decision, the court said a hyperlink, by itself, should never be considered “publication” of the content to which it refers. But that doesn’t mean internet users shouldn’t be careful about how they present links. The court says that if someone presents content from the hyperlinked material in a way that repeats the defamatory content, they can be considered publishers and are therefore at risk of being sued for defamation.

October 15, 2011

The secret way Supreme Court justices are appointed

Filed under: Cancon, Law — Tags: , , , — Nicholas @ 12:07

Christie Blatchford isn’t a fan of the secret and convoluted way that our Supreme Court is staffed:

According to the latest serious rumour, Prime Minister Stephen Harper and Justice Minister Rob Nicholson are poised to make two appointments to the Supreme Court of Canada.

The two will be chosen from a secret short list of six names produced by an all-party selection committee which whittled down a bigger secret list (given to them by the Justice Minister after his officials mysteriously came up with what is believed to have been 12 names) and only after consultation with unnamed officials from provincial law societies and law schools and unnamed senior judges.

[. . .]

The lack of openness is a particular concern with the Supreme Court, which, as has been evident recently, and even in its current ostensibly non-activist form, is plenty activist about telling government when it is wrong.

I refer of course to the Insite decision, which effectively told the federal government, particularly the former health minister Tony Clement, that its policy against this particular supervised injection site was arbitrary, ill-conceived and violated drug users’ rights to “life, liberty and security of the person” as defined by the Charter of Rights.

As it happens, in the end I reluctantly concurred with the result (that Insite stays open), but there’s no getting away from the bottom line that a group of unelected judges over-ruled the elected government and effectively legislated policy, albeit in a specific case.

[. . .]

Canadians are comforted by the fact ours isn’t like the American system, where presidential appointments to the Supreme Court have to be confirmed by the U.S. Senate (such an unseemly business, such a circus) and where, o! the horror, some lower-court judges actually run for office.

How is it better to have kings emerge from a secretive inside-baseball process, for all we know involving a witches’ chants and eye of newt, than to vote for them?

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