Cato at Liberty
Cato at Liberty
Email Signup
Sign up to have blog posts delivered straight to your inbox!
Topics
Constitutional Law
Does Mandated Disclosure Help Voters?
After the Citizens United decision, mandated disclosure of campaign spending has become the major tool of campaign finance reformers. The Supreme Court has validated forced disclosure as a way to inform voters about candidates. Knowing who supports an advertisement supposedly gives a voter a cue about a candidate’s positions and outlook. If labor unions support a candidate, a voter who supports (opposes) unions can then vote for (vote against) the candidate supported by the union.
David Primo reports on his research showing that voters do not use disclosed information in this way. He also finds that the disclosure process makes it harder to participate in politics.
For some time I have suspected that electoral players want disclosure so they can attack those who fund their speech favoring their opponents. Such attacks presumably make such fund (and such speech) less likely. Disclosure is just a weapon in the ongoing electoral struggle.
Newt: Big Government Conservative
I’ve got a piece over at the Daily Caller this morning entitled “Newt’s Constitutional Confusions,” the title of which only hints at the constitutional apostasy to be found in Gingrich’s voluminous 21st Century Contract with America. Section nine, for example, “Bringing the Courts Back Under the Constitution,” is an unvarnished attack on what Newt sees as run-away courts frustrating the will of the people – as if that, and not run-away government, were our main problem today.
In fact, Newt praises Franklin Roosevelt’s infamous 1937 Court-packing threat, after which the Court largely abdicated its responsibility to check the political branches. And he condemns Cooper v. Aaron, the unanimous 1958 Little Rock school desegregation decision (remember the federal troops Eisenhower sent?) in which the Court told state officials they couldn’t “nullify” Supreme Court rulings. Thus his main target is “judicial supremacy,” the idea – implicit in the Constitution, explicit in the Federalist, and secured in 1803 in Marbury v. Madison – that it falls to the Supreme Court, not to the political branches, to say finally what the law is.
But in making that argument, he completely misreads the decisions. (In Kelo v. New London, his very first example of a willful judiciary, the Court wrongly upheld the city’s transfer of Ms. Kelo’s property to a private developer!) He misreads the Federalist. He relies on Leftist critics of the Rehnquist Court’s modest efforts at reviving enumerated powers federalism. And most important, politically, he’s misleading the Tea Party folks, most of whom stand for restoring limited constitutional government. Indeed, the Tea Party people hope to see an engaged Court overturn ObamaCare, just in case Newt – or better, someone who understands the Constitution – doesn’t win in November.
New Video: Ending the Global War on Drugs
In the new video below from Reason TV, leading critics of the global drug war provide some thoughts about why they oppose prohibition. The conservative and former Colombian Senator Enrique Gomez Hurtado blames the drug war for the high levels of violence and cruelty his country has experienced. India’s former drug czar and expert on Afghanistan, Romesh Battacharji, says of current drug policy: “You just can never win it…Ever since the war on drugs, everything has hit the fan.”
The video is based on last month’s Cato conference, “Ending the Global War on Drugs.” You may see videos of the talks here, including a video of former U.S. Secretary of State George Shultz and former Mexican President Vicente Fox.
Citizens! Do You Know the Source of Your Honey?
Some disturbing news indeed reached my inbox today (HT: David Boaz). Apparently honey is entering the United States under assumed identities. Chinese honey, once ubiquitous, was largely shut out of the American market through anti-dumping measures. So, this article from NPR.org alleges, it started to be sold through a third country (perhaps Indonesia, Thailand, or Malaysia) and was falsely labelled to evade the duties. (Apparently we know this because the honey can be tested for peculiar types of pollen.) The U.S. government wasn’t having any of that of course, and so they held up suspicious shipments through regulations, inspections, and documentary requirements. So now the Chinese honey is allegedly being sold through India.
The domestic honey industry is now starting to worry that all of this nefarious, subversive honey-related activity will suppress the market for all types of honey, including their own, and are starting a fair trade-esque system called True Source Honey, which will trace the honey to a proper, ‘merican source. None of that Chinese muck.
Eric Wenger is president of True Source Honey. Soon, he’s going to Vietnam to help with the first audit of a Vietnamese honey exporter.
“The question we want to answer is: Does that exporter only purchase honey from beekeepers in that country?” he says.
The exporter will give the True Source auditor a list of the beekeepers from whom it buys honey. “Then the auditor will randomly select a number of those beekeepers, go out to that beekeeper’s apiary, and evaluate the capacity of that beekeeper to produce the volume that that exporter claimed was purchased and shipped,” says Wenger.
If everything checks out, that exporter is certified. But even after that, True Source will take samples from every shipment of honey and send those samples to a lab in Germany to see if the pollen matches the flowers that are actually blooming in Vietnam.
True Source wants to expand this system globally. One exporter in India is already certified.
Jill Clark, from Dutch Gold Honey, says these sorts of audited, verified supply chains are getting more common throughout the food business. In some cases, governments are requiring it.
“With all the food safety and food security issues, knowing where your food comes from right now is incredibly important,” she says.
Shouldn’t consumers be the ones to decide that? Removing the anti-dumping duties and discriminatory regulations will reduce the incentive for Chinese honey to be labelled falsely, and then we can decide for ourselves what is “incredibly important.” Or maybe we don’t care, and True Source will be a massive flop.
On a positive note, there are an encouraging number of libertarian comments to the article.
The New SOPA: Now With Slightly Less Awfulness!
On Thursday, the House Judiciary Committee is slated to take up the misleadingly named Stop Online Piracy Act, an Internet censorship bill that will do little to actually stop piracy. In response to an outpouring of opposition from cybersecurity professionals, First Amendment scholars, technology entrepreneurs, and ordinary Internet users, the bill’s sponsors have cooked up an amended version that trims or softens a few of the most egregious provisions of the original proposal, bringing it closer to its Senate counterpart, PROTECT-IP. But the fundamental problem with SOPA has never been these details; it’s the core idea. The core idea is still to create an Internet blacklist, which means everything I say in this video still holds true:
Supreme Court Takes Up Arizona Immigration Law
The Supreme Court has agreed to review Arizona v. United States, the case regarding SB 1070, the Arizona law (only) four sections of which have been enjoined by the lower courts: requiring police to check the immigration status of anyone they have lawfully detained whom they have reasonable suspicion to believe may be in the country illegally; making it a state crime to violate federal alien registration laws; making it a state crime for illegal aliens to apply for work, solicit work in a public place, or work as an independent contractor; and permitting warrantless arrests where the police have probable cause to believe that a suspect has committed a crime that makes him subject to deportation. For my previous analysis of SB 1070 and the legal challenges to it, see here, here, here, and here.
By taking up this case, the Supreme Court is wisely nipping in the bud the proliferation of state laws aimed at addressing our broken immigration system. One way or another, states will know how far they can go in addressing issues relating to illegal immigrants, whether the concern is crime, employment opportunities (providing or restricting them), registration requirements, or even so-called sanctuary cities.
Of course, states wouldn’t be getting into this mess if the federal government — elected officials of both parties — hadn’t abdicated its responsibility to fix a system that serves nobody’s interests: not big business or small business, not the rich or the poor, not the most or least educated, not the economy or national security, and certainly not the average taxpayer. For their part, SB 1070 and related laws in Alabama, Georgia, and elsewhere are (with small exception) constitutional — the state laws are merely mirroring federal law, not conflicting with it or otherwise intruding on federal authority over immigration — but bad public policy. (For more on both these conclusions, read my SCOTUSblog essay from last summer.)
What this country needs is a comprehensive reform that obviates the sort of ineffectual half-measures the states are left with given Congress’s shameless refusal to act. It’s not very often that Cato calls for the federal government to do something, but the immigration system is quite possibly the most screwed-up part of the federal government — which of itself is a significant statement coming from someone at Cato — and one that is so incredibly counterproductive to American liberty and prosperity.
The Court will hear Arizona v. United States in the spring. For more immigration-reform developments, see this note in today’s Wall Street Journal and my blogpost on Utah’s plan, which the federal government has also since sued to enjoin.