Why doesn’t David Axelrod get it? Let Americans purchase health insurance licensed by other states. From CNN…
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And to Think: Senators Once Worked For Legislatures
S. 1536, the “ALERT Drivers” Act (“Avoiding Life-Endangering and Reckless Texting by Drivers” — get it?) would reduce federal highway funds available to states if they don’t pass laws prohibiting people from writing, sending, or reading text messages while driving.
The circle is complete. Senators, who were once chosen by state legislatures, now believe it is their role to tell state legislatures what to do.
Federal command over our lives, in ever more intricate detail. It’s the product of exalting democracy — in this case, direct election of senators — over liberty and over the governmental structure originally established in the constitution.
Texting while driving is dangerous to your health and others’. Letting governments amass power is dangerous to your freedom, and ultimately your health (this way, for example, and this way and this way).
It’s Friday — What Bad News Will Be Released Late Tonight?
President Obama promised to change the way things are done in Washington, but his administration has mastered one old Washington trick: releasing bad news late on Friday, or even on Saturday night of a long weekend, in the hope that journalists won’t have much chance to ask questions or get into the next day’s papers. Consider:
- The nation would be forced to borrow more than $9 trillion over the next decade under President Obama’s policies, the White House acknowledged late Friday.
—Washington Post, Saturday, August 22 - White House environmental adviser Van Jones resigned late Saturday after weeks of pressure from the right over his past activism. “On the eve of historic fights for health care and clean energy, opponents of reform have mounted a vicious smear campaign against me,” Jones, special adviser for green jobs at the White House Council on Environmental Quality, said in a statement announcing his resignation just after midnight Saturday.
—Washington Post, Sunday, September 6, 2009 - The White House late Friday announced it would impose high tariffs on imports of Chinese tires in a case seen as the first test of trade policy under President Barack Obama… The announcement was made in a release sent out by the White House press office at about 9:30 p.m. Friday night, a time when news is sometimes “dumped” in the hope it will attract less attention.
—TheHill.com, 10:56 p.m., Friday, September 11, 2009
So what will it be tonight? A late-night tax increase? The resignation of another administration appointee who didn’t pay his own taxes? More troops for Iraq?
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Indiana Voter ID Law Struck Down
Constitutional rules often comport with common sense. The Fourth Amendment’s search and seizure clause — so burdensome to law enforcement, some argue — requires officials to look for evidence of crime where they think they’ll find it and not elsewhere. Common sense.
So it is with an Indiana Court of Appeals ruling that the state’s voter ID law violates the equal protection clause of the state’s constitution. The law requires in-person voters to show ID, but makes no attempt to verify the identities of absentee voters. The U.S. Supreme Court upheld the law against a recent challenge, but the Indiana court struck it down based on a broader protection in the state constitution’s equal protection clause.
Think what you will on the legal merits. (I generally appreciate courts breathing independent life into their state constitutions.) What is interesting here is that the result is imbued with constitutional common sense.
Requiring ID at polling stations would have a marginal effect on vote fraud because it makes it harder to impersonate a voter or manufacture a vote-qualified identity. But the risk of in-person voter fraud is very low compared to absentee ballot fraud, which the Indiana law did not touch. The Indiana voter ID law was tantamount to caulking windows to keep out the cold but leaving the front door open. Because of the disproportionate effect on different classes of voters, the court struck it down.
Voter fraud will continue to be a hot issue, and states should continue to tune the balances they strike between voter access and vote integrity. My concern is that the issue might boil over and produce national ID proposals, as we have seen in the past.
Earmark Horse Hockey
I’ve been poring over the earmark request data collected in WashingtonWatch.com’s big earmark hunting contest, and correlating it to the earmarks that made it into bills. It’s slow going, so far …
But the excitement level sure builds when you take a look at what the money’s going to!
Do you have your tickets to the Pendleton (Ore.) Round-Up rodeo yet? It’s going on right now!
And you stand to contribute $500,000 to Pendleton Round-Up Foundation, which puts it on, thanks to an earmark in the Senate version of H.R. 3288, The Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2010.
Senator Wyden (D‑OR) requested $3.5 million for the facility where the rodeo is held. Senator Merkley (D‑OR) requested a more modest $365,000.
The report for the bill has the federal government sending $500,000 to the Pendleton Round-Up Foundation for “reconstruction and construction needs of facilities which are critical to the local economy.” That’s right: The folks in Pendleton, Oregon want you to send them a half-million bucks for their “critical-to-the-local-economy” rodeo ring.
The people in Pendleton probably love their rodeo, and they’re entitled to! But it’s an open question whether they should be entitled to use your money in putting it on. For my part, I say horse hockey!
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A Chance to Fix the PATRIOT Act?
As Tim Lynch noted earlier this week, Barack Obama’s justice department has come out in favor of renewing three controversial PATRIOT Act provisions—on face another in a train of disappointments for anyone who’d hoped some of those broad executive branch surveillance powers might depart with the Bush administration.
But there is a potential silver lining: In the letter to Sen. Patrick Leahy (D‑VT) making the case for renewal, the Justice Department also declares its openness to “modifications” of those provisions designed to provide checks and balances, provided they don’t undermine investigations. While the popular press has always framed the fight as being “supporters” and “opponents” of the PATRIOT Act, the problem with many of the law’s provisions is not that the powers they grant are inherently awful, but that they lack necessary constraints and oversight mechanisms.
Consider the much-contested “roving wiretap” provision allowing warrants under the Foreign Intelligence Surveillance Act to cover all the communications devices a target might use without specifying the facilities to be monitored in advance—at least in cases where there are specific facts supporting the belief that a target is likely to take measures to thwart traditional surveillance. The objection to this provision is not that intelligence officers should never be allowed to obtain roving warrants, which also exist in the law governing ordinary law enforcement wiretaps. The issue is that FISA is fairly loosey-goosey about the specification of “targets”—they can be described rather than identified. That flexibility may make some sense in the foreign intel context, but when you combine it with similar flexibility in the specification of the facility to be monitored, you get something that looks a heck of a lot like a general warrant. It’s one thing to say “we have evidence this particular phone line and e‑mail account are being used by terrorists, though we don’t know who they are” or “we have evidence this person is a terrorist, but he keeps changing phones.” It’s another—and should not be possible—to mock traditional particularity requirements by obtaining a warrant to tap someone on some line, to be determined. FISA warrants should “rove” over persons or facilities, but never both.
The DOJ letter describes the so-called “Lone Wolf” amendment to FISA as simply allowing surveillance of targets who are agents of foreign powers without having identified which foreign power (i.e. which particular terrorist group) they’re working for. They say they’ve never invoked this ability, but want to keep it in reserve. If that description were accurate, I’d say let them. But as currently written, the “lone wolf” language potentially covers people who are really conventional domestic threats with only the most tenuous international ties—the DOJ letter alludes to people who “self-radicalize” by reading online propaganda, but are not actually agents of a foreign group at all.
Finally, there’s the “business records” provision, which actually covers the seizure of any “tangible thing.” The problems with this one probably deserve their own post, and ideally you’d just go through the ordinary warrant procedure for this. But at the very, very least there should be some more specific nexus to a particular foreign target than “relevance” to a ongoing investigation before an order issues. The gag orders that automatically accompany these document requests also require more robust judicial scrutiny.
Some of these fixes—and quite a few other salutary reforms besides—appear to be part of the JUSTICE Act which I see that Sen. Russ Feingold (D‑WI) introduced earlier this afternoon. I’ll take a closer look at the provisions of that bill in a post tomorrow.
Why Chile Is More Economically Free Than the United States
In the 2009 Economic Freedom of the World Report, Chile is now #5, one place ahead of the United States.
In 1975, of 72 countries, Chile was No 71. How did this happen? The explanation lies in what I call the “Chilean Revolution,” because it was as important and transformative to my country as the celebrated American Revolution that gave birth to the United States.
The exceptional political circumstances of this period have obscured the fact that from 1975 to 1989 a true revolution took place in Chile, involving a radical, comprehensive, and sustained move toward economic and political freedom (from a starting point where there was neither one nor the other). This revolution not only doubled Chile’s historic rate of economic growth (to an average of 7% a year, 84–98), drastically reduced poverty (from 45% to 15%), and introduced several radical libertarian reforms that set the country on a path toward rapid development; but it also brought democracy, restored limited government, and established the rule of law.
In 1998, The Los Angeles Times described the importance of the Chilean Revolution to the world:
In a sense, it all began in Chile. In the early 1970s, Chile was one of the first economies in the developing world to test such concepts as deregulation of industries, privatization of state companies, freeing of prices from government control, and opening of the home market to imports. In 1981, Chile privatized its social-security system. Many of those ideas ultimately spread throughout Latin America and to the rest of the world. They are behind the reformation of Eastern Europe and the states of the former Soviet Union today… which demonstrates, once again, the awesome power of ideas.
The role and achievements of Chile’s team of classical liberal economists is well known. They were the ones who in 1975, once the quasi-civil war was over, decided to carry out a principled, “friendly takeover” of the military government that had arisen from the breakdown of democracy in 1973 (here is my essay, published in “Society”, on that drama). Much less well-known, however, is that they were also the foremost proponents of a gradual and constitutional return to a limited democracy.
In fact, on August 8, 1980, a new Constitution, containing both a bill of rights and a timeline for the restoration of full political freedom, was proposed and approved in a referendum. In the period 1981–1989, what Fareed Zakaria has called the “institutions of liberty” were created—an independent Central Bank, a Constitutional Court, private television and universities, voting registration laws, etc—since they were crucial for having not only elections but a democracy at the service of freedom. Then on March 11, 1990, an extraordinary event happened: the governing military Junta surrendered its power to a democratically elected government in strict accordance to the 1980 Constitution (here is my note on the restoration of democracy in Chile).
Since 1990, Chile has had four moderate center-left governments and, despite minor setbacks on tax, labor and regulation policies, the essence of the free-market reforms are still intact. The 1980 Constitution is the law of the land, and has been amended by consensual agreements among all parties represented in Congress. Not only is Chile now at the top of rankings on free trade (number 3 in the world after Hong Kong and Singapore) and transparency (less corruption that in most western European countries), but it is expected to be a developed country by 2018, the first in Latin America.
Nobel Laureate Friedrich Hayek proved, again, to have been a visionary when he stated in 1981: “Chile is now a great success. The world shall come to regard the recovery of Chile as one of the great economic miracles of our time.”