Archive for April, 2009
Speaking of Broken Promises . . .
. . . or at least implied promises, candidate Obama lamented the Bush administration’s overuse of the “state secrets” privilege.
But last week, the Obama Justice Department filed a motion that embraces Bush administration arguments and even seeks to extend them. Glenn Greenwald has the details of the Obama administration’s “new and worse” approach to “state secrets.”
What’s the Job of the Institute of Education Sciences?
I don’t have much to add to Andrew’s post on Russ Whitehurst’s defense of Arne Duncan. Even with what Whitehurst wrote, I simply don’t buy that Duncan didn’t know of the D.C. voucher evaluation’s results, or even its very existence, while Congress was debating the program’s fate a little over a month ago. But, unfortunately, the reality is that neither I nor anyone else will probably ever get a clear look inside the black box of who really knew what, when, in the Department of Education.
So suppose the secretary really was totally clueless. What does this say about the value of the Institute of Education Sciences, the division of the Education Department responsible for the report? IES received the evaluation results in November and released the report on April 3. Clearly, it had the results well in advance of congressional action on the program. That leaves only a few reasons why it wouldn’t have released the findings — or even something characterized as “expedited” or “preliminary” — in time to inform congressional debate:
- IES employees hadn’t sufficiently scrutinized — or perhaps even looked at — the report several months after they had received it.
- IES had scrutinized the report and couldn’t push out the results because of strict adherence to rigid bureaucratic procedures.
- For political or other reasons, IES purposely sat on the results.
None of those, quite simply, are acceptable answers given the job of IES as stated clearly on the Department of Education’s website:
The mission of IES is to provide rigorous evidence on which to ground education practice and policy.
Mission disturbingly not accomplished, IES.
Whitehurst: “Duncan Is Not Lying”
Brookings senior fellow Grover Whitehurst has just come to the defense of education secretary Arne Duncan over charges that Duncan sat on (or remained “willfully ignorant” of) a study showing that the D.C. voucher program is boosting achievement. The Senate passed a bill sunsetting funding for the program on March 10, but Whitehurst contends Duncan wouldn’t have known about the study’s results until a week or so later (it was released on April 6th).
Until last November, Whitehurst was head of the Institute for Education Sciences (IES), which released the new voucher study. He obviously knows its timelines and procedures. But even Whitehurst acknowledges that there is ”substantial reason to believe that the secretary didn’t want to draw attention to the report,” citing the choice of a Friday release (Friday releases were deliberately discontinued by the IES years ago) and the mysterious absence of the news briefing that typically accompanies the release of such reports.
So what is a fair observer to think of Secretary Duncan based on Whitehursts’ revelations? Duncan may not have had an opportunity to sit on the report, because he may not have known about it. But Duncan had ultimate control over its release and it looks as though he went out of his way to bury it.
Why would a secretary of education bury a study showing that one government program (vouchers) produces better outcomes than another government program (D.C. public schooling) at one quarter the cost? No flattering explanation comes to mind. Perhaps someone else will come forward to defend Duncan on this point.
Or perhaps the secretary himself might like to share with the American people why this study was buried at the bottom of a locked filing cabinet in the basement of an abandoned building with a hand scrawled “beware of leopard” sign affixed to it. Maybe he would like to let us know why he isn’t touting private school choice as a model for the states to emulate at a time when outcomes are languishing and money is tight. The only justification he has offered for not doing so is risible: it doesn’t serve enough kids. As Cato’s David Boaz pointed out earlier today, it is only limited in size because, uh…, Congress statutorily limited its size. We know that many more parents would like vouchers. We know from the international evidence that the supply of schools rises to meet demand, just as supply rises to meet demand in other fields.
A Flagging Obama Transparency Effort
President Obama made some very firm commitments about transparency as a campaigner. Among other things, he promised to post bills online for five days before he signs them. This promise has been fulfilled just once – and in that case, only arguably.
The Obama campaign Web site promised “Sunlight Before Signing:”
Too often bills are rushed through Congress and to the president before the public has the opportunity to review them. As president, Obama will not sign any non-emergency bill without giving the American public an opportunity to review and comment on the White House website for five days.”
To a roar of approval, President Obama pledged on the campaign trail: “[W]hen there is a bill that ends up on my desk as a president, you the public will have five days to look online and find out what’s in it before I sign it, so that you know what your government’s doing.”
Here’s a look at the White House’s uneven efforts to fulfill that promise:
Of the eleven bills President Obama has signed, only six have been posted on Whitehouse.gov. None have been posted for a full five days after presentment from Congress.
New at Cato
Here are a few highlights from Cato Today, a daily email from the Cato Institute. You can subscribe, here.
- Alan Reynolds explains what really triggered the world recession and why the U.S. should not be the first to be blamed in the New York Post.
- Will Wilkinson discusses why the current economic crisis cannot be compared to the Great Depression in Marketplace.
- Watch Daniel J. Mitchell debate whether the economy is headed in the right direction on CNBC.
- Thursday’s Cato Daily Podcast features James A. Dorn discussing China’s proposition for a new world currency.
Hawaiians Don’t Wait for Government – Rebuild Road
The spirit of 1776 is alive and well in Kauai:
Their livelihood was being threatened, and they were tired of waiting for government help, so business owners and residents on Hawaii’s Kauai island pulled together and completed a $4 million repair job to a state park — for free.
“We can wait around for the state or federal government to make this move, or we can go out and do our part,” Slack said. “Just like everyone’s sitting around waiting for a stimulus check, we were waiting for this but decided we couldn’t wait anymore.”
It’s amazing what a little private initiative and economic incentive can do. Contrast this story with that of a bridge being built to connect Microsoft campuses in Redmond, WA with federal “stimulus” money.
Obama Tax Policies and Beyond
I was a panelist for a Tax Notes forum on April 3 regarding Obama’s tax policies. The other panelists were Len Burman of the Urban Institute and Gene Steuerle of the Peterson Foundation. It was an expert and ideologically diverse panel, but nobody was fond of Obama’s fiscal policy direction. (In the photo, that’s former CBO director Rudy Penner to my left. Photo credit to Derek Squires)
Tax Notes summarized the discussion: “A diverse panel of economists and tax specialists largely agreed … that President Obama’s tax and budget plans at best would fail to forestall long-term fiscal ruin and could even hasten its arrival.” One point of agreement was that the tax code is too complex and it doesn’t need the complicated new tax credits that Obama has proposed.
Where we differed was on the need for added federal revenue, and herein lies the big tax policy battle ahead. Len thought that some form of new value-added tax (VAT) was inevitable in order that the government could raise more money. I am increasingly hearing that argument from top fiscal scholars, and I fear that the drumbeat for a VAT will get louder.
Dan Mitchell and I are dead-set against a VAT because it will be a tool to fund even larger government, as we discuss in Global Tax Revolution. But supporters of limited government need to start watching this issue and making preparations to ward off a Euro-style money machine.
U.N. Official: Portugal’s Policy ‘Appears to be Working’
Over at Drug War Rant, Peter Guither notes the strange reaction of a drug policy official to the new Cato report, Drug Decriminalization in Portugal:
Glenn Greenwald’s excellent report (on the successful decriminalization of all drugs in Portugal for personal use) was picked up by Scientific American: Portugal’s Drug Decriminalization Policy Shows Positive Results
What really caught my attention in this article was that they got the UNODC to agree that it seemed to work, but the response was Kafkaesque.
Walter Kemp, a spokesperson for the United Nations Office on Drugs and Crime, says decriminalization in Portugal “appears to be working.” He adds that his office is putting more emphasis on improving health outcomes, such as reducing needle-borne infections, but that it does not explicitly support decriminalization, “because it smacks of legalization.” Yes, decrim works, but we don’t support something that actually works because it sounds like something we’re afraid want to talk about. Right.
A spokesperson for the White House’s Office of National Drug Control Policy declined to comment, citing the pending Senate confirmation of the office’s new director, former Seattle Police Chief Gil Kerlikowske. The U.S. Drug Enforcement Administration (DEA) and the U.S. Department of State’s Bureau of International Narcotics and Law Enforcement Affairs also declined to comment on the report.Well, I guess no policy is better than what we’re used to.
Glenn Greenwald has more on the reaction to his report here.
Yes We Can!
Congratulations are in order to Kim Jong IL on his unanimous re-election as Supreme Leader of North Korea.
I didn’t realize we’d translated the Cato Constitution into Korean.
Can Arne Duncan Fix All the Schools?
Education Secretary Arne Duncan, responding to a new study showing that District of Columbia students using vouchers to attend private schools outperformed their peers in public schools — a study that he has been accused of keeping under wraps until after Congress voted to end the D.C. voucher program — told the Washington Post of his concerns:
“Big picture, I don’t see vouchers as being the answer,” Duncan said in a recent meeting with Washington Post editors and reporters. “You can pull two kids out, you can pull three kids out, and you’re leaving 97, 98 percent behind. You need to help all those kids. The way you help them is by challenging the status quo where it’s not working and coming back with dramatically better schools and doing it systemically.”
But why would vouchers only serve two or three percent of the kids? Only because Congress limited the size of the voucher program. Thousands more families have applied for public or private vouchers than there were vouchers available. If the District of Columbia took its mammoth school budget and divided it into equal vouchers or scholarships for each child in the city, Arne Duncan could bet his bottom dollar that a lot more than two percent of the families would head for private or parochial schools. His fear is not that vouchers only serve two percent of the kids, it’s that a full-scale choice program would reveal just how much demand for alternatives there is.
But note also: Duncan says that he wants to “help all those kids . . . by . . . coming back with dramatically better schools.” But he ran the Chicago schools for seven years, and he was not able to make a single school good enough for Barack and Michelle Obama to send their own children there.
Wouldn’t the 97 or 98 percent of the kids in Chicago whose parents couldn’t afford the University of Chicago Laboratory Schools have benefited from having a choice?
Dance Like Thomas Jefferson’s Watching
As Thomas Jefferson’s birthday (April 13) approaches — and last night being the first night of Passover, which Jews celebrate to commemorate their deliverance from slavery – I thought I’d comment on a disturbing tale that reminds us again that “the price of liberty is eternal vigilance.”
In celebration of Thomas Jefferson’s (265th) birthday last year, about 20 D.C.-area libertarians gathered at the Jefferson Memorial just before midnight. The plan was to have a music-through-headphones dance party for the father of the Declaration of Independence (i.e. each person would dance to the tune of his individual iPod). I was actually supposed to attend, but for some reason did not make it.
It was a short-lived party, however, with an ending that would almost certainly have made our nation’s third president frown in disapproval.
Shortly after the silent bopping started, U.S. Park Police officers began to disperse the partygoers. After shooing and pushing revelers (who were drunk only on liberty) off the memorial, one officer confronted the lone remaining dancer, Brooke Oberwetter, and told her to leave. Oberwetter calmly asked what law or rules she was violating. The officer provided no explanation but continued to insist that she leave. Not satisfied with the officer’s response, Oberwetter stood her ground — until the officer pushed her against a stone pillar, handcuffed her, and led her away.
Now, nearly one year later — after the citation against her (for “interfering with an agency function,” whatever that means) was neither dropped nor pursued – Oberwetter filed suit in the U.S. District Court for the District of Columbia against the arresting officer, Kenneth Hilliard, and the Secretary of the Interior, Kenneth Salazar (whose office oversees the Park Police). Oberwetter argues that Hilliard and the Park Police violated her First Amendment rights by interrupting and preventing her expressive activity and freedom of assembly. She also alleges that here Fourth Amendment rights were violated when she was arrested without probable cause and with excessive force.
The complaint, available here, is a model of legal writing. Pithy, legally sound, and eminently readable, I cannot recommend it more highly to law students and young lawyers. This is perhaps not surprising because Oberwetter’s counsel is none other than my friend Alan Gura, who last year successfully argued D.C. v. Heller before the Supreme Court.
Here’s a recent TV news story about the case and here’s Radley Balko’s (formerly of Cato, now at Reason) original post about the incident.
Full disclosure: While our tenures never crossed, Oberwetter is a former Cato employee – and a social acquaintance. I wish Brooke and Alan the best in their fight against such arbitrary use of government power to oppress basic liberty. (As Alan told me, a good rule of thumb for police: if you can’t think of any charges, even a few weeks later, it was probably a bad arrest.) And I hope the incident gets Kevin Bacon thinking sequel.
New at Cato Unbound: Brian Doherty Defends ‘Folk Activism’
In today’s installment of Cato Unbound, Reason senior editor Brian Doherty defends “folk activism” (that’s what we do here at Cato, in case you’re wondering) against Patri Friedman’s complaints of ineffectiveness.
Doherty argues, in effect, that Friedman’s effort to simply go out and float a boat upon which one can do whatever floats one’s boat is parasitic on earlier “folk activism” aimed at persuasion. It is hard to find 20,000 people who will commit to moving to New Hampshire for the cause of liberty and, as Brian points out, it’s even harder to find people who will now commit to moving to a man-made island. The viability of projects like Seasteading seems to depend on the success of prior evangelism.
That said, one of the merits of Friedman’s “dynamic geography” is that it is not really a “libertarian” project at all. As he writes in his Unbound lead essay:
Because we have no a priori knowledge of the best form of government, the search for good societies requires experimentation as well as theory — trying many new institutions to see how they work in practice.
I think there’s good reason to expect competing sea-top jurisdictions to settle on a scheme of governance more libertarian than what the world’s current nation states have to offer. But I also think there’s little reason to expect a seastead to embody the system of most libertarians’ dreams unless a lot of libertarians coordinate and settle there. In that case, it’s really clear that creating a libertarian society from whole cloth depends on the prior existence of libertarians, which depends on the success of the folk activism that produces them.
For more on seasteading, check out yesterday’s Cato Policy forum with Patri Friedman and today’s podcast interview.
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