Tag Archives: obama

The Kagan Nomination: What Matters, What Doesn’t

One of the criticisms being hurled at Elena Kagan from the right is that she might be a lesbian. This concerns me.

Not the lesbian part; few things are less important to one’s judicial qualifications. My worry is that Republicans have so atrophied intellectually that this is their loudest reason for opposing her.

A thoughtful soul (I forget who) recently remarked that twenty years from now, almost everyone currently on the wrong side of gay rights issues will be embarrassed to admit it. Yet the obsolete epithets being hurled at Kagan — which may or may not be accurate, and frankly, who cares — are what many of Kagan’s opponents seem to care about the most.

And people wonder why I often take visible offense when someone tries to call me a conservative.

There are substantive reasons to be skeptical about Kagan. One of them is how she views the executive branch. “She is certainly a fan of presidential power,” one scholar remarks. This is important.

Chief Justice Roberts has similar views. He was picked in part because the Bush administration knew he wouldn’t strike down that administration’s more controversial power grabs. Harriet Miers was not rejected for her views, which are utterly conventional. Her nomination was only struck down because her lack of subtlety in expressing those views was considered gauche.

While I have never been an Obama fan, one of my hopes for his administration was that he would repudiate Bush-era excesses such as the PATRIOT Act. He embraced them instead. Having all those cool powers at his disposal was just too much to pass up.

President Obama’s Supreme Court nominees so far seem no different from Roberts or Miers: what the other branches of government want, they shall get. The exceptions, such as the Citizens United decision, are so rare that they garner weeks worth of headlines; such outbursts must be kept to a minimum. Hence Kagan.

What the Supreme Court needs is a healthy dose of judicial activism. Kagan, like Roberts, Sotomayor, and other recent nominees, is a judicial passivist. They reflexively defer to the executive and legislature, right or wrong.

What we need are Justices who will stand up and say “no” when Congress passes a law that is unconstitutional, or when the president abuses his powers. That’s why judicial review exists in the first place. This tradition goes all the way back to Marbury v. Madison, often the very first case that students read in undergraduate constitutional law classes.

As Kagan goes through the pomp and circumstance of the confirmation process, maybe she’ll prove better than her likely soon-to-be colleagues. Maybe she won’t. But so long as her Republican opponents are fixated on something so trivial as her sexual orientation, we may never find out. Given her relative youth, three decades or more of jurisprudence are at stake.

Cesar Chavez Day – Interesting Timing

March 31 was Cesar Chavez Day. It has been celebrated in California for some time. A few other states also recognize the holiday. But this year, for the first time, it was a national holiday.

The trouble is that nobody knew it at the time.

On April 2, the White House filed a Presidential Document declaring the holiday. It ran in the April 5 Federal Register, five days after the fact.

You’d think this would have been announced in advance. But Chavez remains a controversial figure. And the gesture will be seen by President Obama’s adversaries as yet more evidence of his capture by labor interests.

The president could rebut those charges directly. Instead he actively avoided confrontation, which is one way of admitting guilt.

Senate Passes $18,000,000,000 Spending Bill: Will it Create Jobs?

The Senate just passed an $18 billion spending bill. Since the House already passed it, the legislation is now headed to President Obama’s desk to await his signature and become law.

The hope is that the spending will create jobs. If you’re reading this blog, then you probably know enough about economics to know that isn’t what will actually happen. Remember: anything that Washington giveth, it must first taketh away from somewhere else. It’s a zero-sum game. All those new jobs that politicians will be touting for the cameras will have come at the expense of other jobs elsewhere. On net, they’re not creating a thing.

Take the payroll tax break for small businesses that’s in the bill. Yes, those small businesses benefit. Maybe the money they save will even be used to hire more workers. That’s easy enough to see. But that money had to come from somewhere. That is harder to see. Too hard for the Senate to see, at the very least.

The reason is this: the government is foregoing some payroll tax revenue. But since it isn’t cutting spending to match, it has to borrow more. And there’s only so much investment capital to go around. Because Washington is borrowing more, less is left over for private investment opportunities. At the very least, companies will have to offer investors higher interest rates to lure them away from government bonds.

That makes getting loans more expensive. And when something gets more expensive, there tends to be less of it. Because of today’s bill, about $18 billion less capital will be available for the private sector to create jobs.

The legislation the Senate passed today is no jobs bill, at least on net. It is a spending bill. It doesn’t create jobs, it only redirects them.

How Do These People Avoid Cognitive Dissonance?

Supporters of the health care bill spend a lot of time attacking health insurance companies.

The health care bill, by the way, would legally require people to give a lot of money to those same insurance companies. A lot of money. It would be the largest corporate gift Washington has ever given out — as much as $1.5 trillion over ten years by one estimate.

Health insurers’ loudest detractors are actually their best friends, and they don’t even seem to realize it. Apparently, regulatory capture is not always a conscious process.

The Hayekian Approach to Health Care

George Will has a good column today. He does a wonderful job contrasting Hayek’s philosophy of humility before complexity with the early 20th-century progressive mindset of planning and scientistic design. The framework applies surprisingly well to today’s health care debate, with President Obama playing the role of Woodrow Wilson. Very thought-provoking.

Basic Irony

From yesterday’s WSJ.com Political Diary (subscription required):

The same day President Obama called for another $50 billion to $100 billion stimulus plan (and concomitant increase in the deficit), he also appointed the chairmen of his Deficit Reduction Commission. It says a lot about Washington that almost no one got the irony of those paired announcements.

Indeed it does. Fortunately, the Commission’s job is pretty simple. There are only two ways to cut the deficit. One is to cut spending. The other is to raise taxes. Cutting spending is the right thing to do. But it is also politically difficult. There is a lot of fat to trim from the budget. But government has little incentive to put itself on a diet.

That’s why the Commission is expected to recommend a tax increase, probably in the form of a VAT. A prestigious bipartisan Commission can provide the political cover that Congress and the administration need to avoid the embarrassment of backtracking on their policies.

Wayne Crews and I recently warned why a VAT is a bad idea in Investors’ Business Daily. Hopefully some of the arguments will find themselves into the debate.

Sen. Shelby Lifts Holds

Sen. Richard Shelby, who placed holds on over 70 of President Obama’s nominees, has lifted all but three of them. Politico reports:

A spokesman for the senator said Monday that with attention brought to these two concerns, the political maneuver had “accomplished” its goal and was no longer necessary.

Translation: “We were getting too much bad publicity.”

The three holds that Sen. Shelby is keeping in place have directly to do with the Alabama-based pork projects that he believes will make him look good to the Alabama voters he will be facing in November. So, in a way, nothing has changed.

This brings up a legitimate question: can earmarking abuse sometimes be an agent for smaller government?

Few, if any, of President Obama’s appointees will work to decrease the size and scope of government. Now that their path is cleared, they will probably do net harm to taxpayers. This is the nature of government workers, whether Republican or Democratic.

Sen. Shelby’s motive for blocking them is despicable: stealing from taxpayers to improve his re-election prospects. But one wonders if those same taxpayers would have been better off if Sen. Shelby had stuck to his guns.

State of the Union Live-Blog

Meant to post this earlier. Here’s last night’s live-blog of the State of the Union:

8:46 Welcome to CEI’s live-blog of the 2010 State of the Union address. President Obama will be touching on all kinds of issues tonight. And I’ll have something to say about them all. But I’ll be paying special attention to what he has to say about regulation and spending. Keep refreshing this post every few minutes for fresh commentary.

8:54 Important people are filing in. Pundits are bloviating. Welcome to Washington.

8:58 Here comes the cabinet.

9:00 Peter Orszag and Christina Romer are there. Romer has done some excellent research on the Great Depression, by the way. Any monetarists out there would find much to like about what she has to say about monetary policy vs. fiscal policy.

9:06 The President enters. Much applause.

9:06 While waiting for the applause to die down, I’ll add that Romer thinks that monetary policy is what drives business cycles. Fiscal policy, such as stimulus spending, has little effect. I largely agree.

9:10 Speaker Pelosi introduces the President. Much applause. Many “thank yous.”

9:11 It begins.

9:11 He refers to the Constitution. Heh.

9:12 American exceptionalism. Neocons cheering somewhere, no doubt.

9:13 He inherited a bad situation. True enough. We must act? Not so much. The recession is largely a creation of over-active monetary and regulatory policy. Not a lack of policy.

9:14 First reference to “the children.”

9:15 He has said both “hope” and “change” already. Campaign 2012 has begun.

9:17 First standing ovation.

9:18 A government that matches our decency? Public choice theory is unknown on Capitol Hill, apparently.

9:18 He hates the bailout. Good! Why did he go through with it, then?

9:18 It was necessary. Unemployment would have doubled. Hyperbole. Now banks know they can continue taking stupid risks and get bailed out for it.

9:19 touts his fee on big banks that received bailouts.

9:20 20 tax cuts. Net tax cuts. While spending goes through the moon. Tax cuts are great, but spending cuts are more important. A tax cut now is a tax increase later if spending isn’t cut to match. An increase. Not a decrease. An increase.

9:22 Many jobs created. Touting the stimulus. Which takes money out of the economy, wastes some of it on bureaucracy, then puts it back into the economy. First instance of the broken window fallacy.

9:23 Anecdotes, people helped by stimulus spending. He sees what is seen. But not what is unseen. Those jobs, and that money, came from somewhere else. Each job created is one lost elsewhere.

9:25 Jobs, jobs, jobs. Bryan Caplan’s make-work bias lives.

9:25 Business creates jobs. Government can help. But only by taking money from somewhere else, and hurting businesses elsewhere. No net effect.

9:26 $30 billion transfer from “Wall Street” to “small businesses.”

9:27 small business tax credit. Eliminate capital gains tax on small businesses. Nice, but tax code simplification would be better. Lobbyists will be all over this one.

9:28 Infrastructure!

9:28 Rail! It’s the 19th century all over again.

9:29 Clean energy. Higher energy bills for all!

9:29 Keep jobs in America! Efficiency be damned! USA! USA! USA!

9:30 Jobs bill, ASAP. But full employment requires…

9:31 still waiting…

9:32 still waiting… the virtues of China’s economy…

9:33 financial reform! For starters. But don’t punish banks. Prevent recklessness. Good. Prevent dumb risks. House has already passed some reform. But lobbyists are all over.

9:34 And they will be as long as Washington is doling out money.

9:34 Plank 2: Innovation and science. More clean energy. More nuclear power. More offshore oil. More biofuels and clean coal. Comprehensive clean energy bil. Cap-and-trade light?

9:36 Consensus on global warming. Jeers from the crowd. Acknowledges doubts, touts clean energy again.

9:37 Plank 3 – trade. More exports! Double them in 5 years = 2 million jobs. National export initiative. Trade, of course, has almost zero effect on the number of jobs. It only affects the kinds of jobs. Also take measures to decrease imports. Renegotiate Doha. Is this a new protectionism?

9:40 4th plank – education. Only reward success. Not failure. Nice. Of course, that would mean less federal involvement in education, not more. Washington has no idea how to educate kids hundreds or thousands of miles away.

9:41 End taxpayer subsidy to banks for college loans. Substitute a tax credit and increase Pell grants. Forgive student loans after 20 years. Why bother paying back, then? This will bode well for future deficits.

9:43 Social Security fix – lend more to homeowners. Yeesh.

9:43 Health care!

9:44 Acknowledges unpopularity.

9:44 Anecdotes!

9:45 Blames insurance industry for regulatory failures. Emphasis on preventive care; no empirical research is cited for obvious reasons.

9:46 We can save money by spending money.

9:46 Reduce deficit by $1 trillion over 20 years. Last year and this year alone will incur nearly $3 trillion in deficits.

9:47 Temperatures cooling? Oh wait, he’s talking about health care.

9:48 Open to other proposals. Not bloody likely.

9:48 Pass a health care bill, any health care bill.

9:49 Spending.

9:50 Blames Bush for the deficit. Rightly so! Where’s he going with this, though?

9:51 Adding debt was the right thing to do. No mention of “the children” who will ultimately pay for it.

9:51 freeze certain types of discretionary spending for three years. This excludes most spending.

9:52. Save $20 billion this year. Or less than one percent of total spending.

9:53 Bi-partisan fiscal commission. Not exactly the Gramm Commission. Good idea, but beware the execution. Wayne Crews and I have done some research on this.

9:54 Pay-Go budget keeps spending in line. The data say otherwise.

9:54 Oh, the freeze won’t take effect until next year. The crowd laughs.

9:55 Says Bush cut regulations. Actually, he passed more than 30,000. See CEI’s Ten Thousand Commandments study for the exact numbers.

9;56 Deficit of trust in Washington, not just dollars. There’s a reason for that, you know. Two of them are the Republican and Democratic parties.

9:57 Excluded lobbyists from policymaking jobs. That isn’t actually true.

9:58 Doesn’t like the Citizens United decision. Or the First Amendment, for that matter. Wants a new campaign finance regulation bill. Presumably so it can be struck down on First Amendment grounds like the last ones.

9:59 I’m liking what he has to say on earmarks. Good luck to you, sir.

10:00 “can’t wage a perpetual campaign.” Tell that to Organizing for America.

10:01 Partisan politics get in the way of doing things. He’s right. And that’s exactly why I like gridlock.

10:02 Hey Republicans, no filibusters, please.

10:03 Will be talking more to the other side of the aisle.

10:03 National security!

10:04 Hope again. I haven’t been keeping track, but that’s at least 3.

10:05 Start getting out of Afghanistan in mid-2011. Good!

10:06 Out of Iraq by August. Good! Foreign aid to Iraq. Bad for Iraq!

10:07 Pork for veterans. Taking a page right out of the Gracchi playbook.

10:08 Nuclear deproliferation. I applaud the sentiment, but prohibition doesn’t work. Good luck to you, sir.

10:11 Would love to hear what Bill Easterly has to say about all the government-to-government transfer programs he’s touting.

10:12 Haiti. I completely agree with the ends. But the effectiveness of the means needs to be questioned.

10:13 Hate crimes. Thought crimes?

10:14 Let gays in the military. Nice! About bloody time.

10:14 Immigration. He has a positive view of immigration. Let’s hope that means much-needed liberalization. The more immigrants, the better. Those who are illegal, make them legal. It is the right thing to do. Obama says this is bi-partisan. I wish he was right.

10:16 Decries cynicism. There’s a reason for all that, you know.

10:19 Anecdote!

10:19 Another anecdote!

10:19 A third!

10:20 A fourth!

10:20 “I don’t quit!” Reminds me of Brett Favre’s advice to a startled referee: take two weeks off, then quit.”

10:21 End of speech.

10:26 Here comes Bob McDonnell’s Republican response. Get ready to be disappointed!

10:30 Thank yous and much applause.

10:31 Jobs. Jobs for all! Good end. The means?

10:31 So far, indistinguishable from Obama.

10:32 Calls for less taxation, regulation, etc. Quotes Jefferson. Says government is trying to do too much. Now he sounds different.

10:33 Likes Obama’s spending freeze. Says it’s small. Not often one hears a politician calls a spending non-increase anything other than draconian.

10:34 Likes bipartisanship. I like gridlock. Boo!

10:34 Likes the Shadegg health insurance reform. And medical malpractice reform. No specifics, though.

10:35 Energy. More of everything! Why isn;t anyone saying, “let the market decide?” Why must government, no matter the party, pick winners and losers?

10:36 Government energy policy can create jobs. Oh, wait, that costs money and jobs from elsewhere. Broken window fallacy again.

10:37 Education. Likes merit pay and school choice. Nothing about reducing federal involvement in this state and local issue.

10:38 Wars abroad. Daughter served abroad. Laudable. But nothing to do with the merits of nation-building.

10:39 Doesn’t like giving due process to the underwear bomber. Well, he’s probably guilty. Let’s find that out for sure and then punish him accordingly, then! What’s to be gained from denying due process?

10:40 I’m liking his rhetoric about taxes, spending, and regulation. But I’ll believe it when I see it. Which is probably never.

10:41 Haiti. Less than a paragraph.

10:42 Big role for government in creating opportunity.

10:43 One more call for bipartisanship, and a big sop to the Religious Right. An utterly conventional speech. If you thought liberals and conservatives have fundamental philosophical differences, think again. Two sides of the same coin.

10:44 That’s all for tonight. CEI scholars will have more in-depth analysis for you tomorrow. Thanks for reading!

Live-Blogging the State of the Union

I will be live-blogging tonight’s State of the Union address for CEI’s staff blog, OpenMarket.org. The speech starts at 9:00pm EST. It’s typically a broad speech that covers a wide range of issues. And I’ll have something to say about all of them. But I’ll be keeping an especially close eye on what President Obama has to say about regulations. I’ll cross-post the final results on this site after the speech is over.

If there’s anything you’d like to hear about, post a comment here or at OpenMarket. See you at 9:00!

Grading Obama on Homeland Security

It didn’t make it into CEI’s final report card since homeland security is outside CEI’s suite of issues, but here’s my grade for DHS:

F         Department of Homeland Security – Janet Napolitano, Secretary
Grader: Ryan Young, Journalism Fellow

The Obama administration showed great early potential on security issues, and didn’t live up to it. President Obama had a chance to let the PATRIOT Act’s more controversial provisions expire. He extended them. Closing Guantanamo Bay was a positive development that has been badly mishandled. The foiled Christmas Day underwear bomb attack was a chance to stand up to terrorists and let them know that we are not afraid. Instead, travelers are being treated to more of the same hysterical overreactions they have been stoically enduring for years.