Archive for April, 2009
TSA Intimidates Political Activist Traveler
Thanks to ever-improving technology, we have a record of what can happen when Americans try to assert their rights against government officials.
The video is a bit ponderous, but when they play the tape of TSA agents interrogating a young political activist who wishes to exercise his right to remain silent, it’s riveting and offensive.
Congressional Bonuses
The Wall Street Journal reports,
While Congress has been flaying companies for giving out bonuses while on the government dole, lawmakers have a longstanding tradition of rewarding their own employees with extra cash — also courtesy of taxpayers.
And at the very time that Congress was mishandling the financial crisis and trying to direct popular outrage at Wall Street, not Washington, the bonuses were getting bigger:
Capitol Hill bonuses in 2008 were among the highest in years, according to LegiStorm, an organization that tracks payroll data. The average House aide earned 17% more in the fourth quarter of the year, when the bonuses were paid, than in previous quarters, according to the data.
LegiStorm is a pretty scary website for congressional staff members and privacy advocates. It makes readily available not just staffers’ salaries but their financial disclosure forms, including their spouses’ sources of income, as the Washington Post reported this week. I used LegiStorm myself (or technically interns Schuyler Daum and Jonathan Slemrod did) to write about how the Republicans shoveled bonus money to their staff members before they lost control of committee budgets after the 2006 election. Now that bonuses have become a focus of outrage, maybe Congress should impose 90 percent clawbacks on the bonuses of congressional staffers — and bonuses to other federal employees. After all, they’ve mismanaged the government’s finances far worse than AIG employees mismanaged that company.
NYCLU: Repeal REAL ID
The New York Civil Liberties Union has issued an impressive report calling for the repeal of the REAL ID Act.
“No Freedom Without Privacy: The REAL ID Act’s Assault on Americans’ Everyday Life” is a thorough look at the federal government’s national ID law, which states have refused to implement.
Less than a year ago, when it was clear that no state would be in compliance with the national ID law by the May 2008 deadline, then-DHS secretary Michael Chertoff granted waivers until December of this year, even to states that have statutorily barred themselves from complying. One of those states was South Carolina, whose governor Mark Sanford (R) has been a leading REAL ID opponent. The report cites him favorably for that.
Last year, bills to repeal the national ID law were introduced in both the Senate and House. With President Bush sure to veto, and Secretary Chertoff sure to demagogue a REAL ID repeal, the bills did not move. The political dynamics have changed since then, of course.
“Though the Real ID Act is not a household name,” the report says, “it is a central component of the Bush Administration’s assault on Americans’ liberty and privacy rights, and one that if not repealed now would forever change the fabric of American life.”
In its finite wisdom, the federal government often doubles down on bad policies, but the REAL ID Act is ripe for repeal. The law can’t be fixed, and there is no such thing as an acceptable national ID card.
I Love You Too, America
People who don’t know me well don’t realize I’m not American. I have no accent, am among the most patriotic people you could meet, went to college and law school here, interned for a senator, clerked for a federal judge, worked on a presidential campaign, spent time in Iraq, and speak and write about the U.S. Constitution for a living. I was born in Russia, however, and immigrated to Canada with my parents when I was little. “We took a wrong turn at the St. Lawrence Seaway,” I like to joke.
The upshot is that, much as I’ve wanted to be American since about age eight — when I discovered that the U.S. governing ethos was “life, liberty, and the pursuit of happiness,” while Canada’s is “peace, order, and good government” — I am a Canadian citizen. And, because of this country’s perverted immigration system, none of the time I’ve spent in the United States (my entire adult life save a 10-month masters program in London) got me any closer to the unrestricted right to live and work here (a “green card”).
Don’t worry, I’ve always been legal, through a combination of student, training, and professional visas, but those were always tied to the school or employer, hindering the types of professional activities I could engage in hanging a sword of Damocles over my life. If I lost my job — as so many lawyers have, for example, in this economy — I would have to leave the country where about 95% of my personal and professional network is located.
When I came to Cato, the opportunity presented itself to finally be able to petition for a green card. (I’ll spare you the overly technical and exceedingly frustrating details.) Along the way, I even got a certificate saying that the U.S. government — or at least the Department of Homeland Security’s U.S. Citizenship and Immigration Service (what used to be the I.N.S.) — considered me an “alien of exceptional ability.” I didn’t let this go to my head; when lawyers and bureaucrats come up with a term of art, it means less in real life than, say, one of you readers emailing me that you liked something I blogged here.
Anyhow, not expecting any action on my green card petition for at least another year (based on the processing times posted at the USCIS website), last night I came home to an unmarked envelope in my mailbox. It was my green card! — complete with a little pamphlet welcoming me to America.
This is quite literally the key to the rest of my life in this wonderful country. Those who know me well know how huge a deal this is for me personally, how long it has taken, and how many arbitrary and capricious obstacles our immigration non-policy places in the way of “skilled workers.” (Three years ago I attracted media attention during the Senate immigration debate with the soundbite, “if this reform goes through, I’m giving up law and taking up gardening.”)
I’ve been very fortunate in the opportunities I’ve had and the people I’ve met — including, in significant part, through the big-tent movement for liberty — and I am eternally grateful that this day has finally arrived. Believe me that I will never take for granted the great privilege that is permanent residence in the United States. My sincere hope is that America remains a beacon of liberty and that shining city on a hill.
I may well blog or write more about this in the future, but for more on my personal story, see, e.g., here, here, and here. More importantly, check out Cato’s excellent immigration work here.
Fight Moral Panics — With Beer!
In the UK and here at home, brewers have increasingly been producing specialty beers with the alcohol content of wine. Naturally, it’s time for a moral panic:
The new breed of bitters, with their intense flavours and alcohol contents of up to 12 per cent, are the work of young brewing entrepreneurs trying capture the attention — and cash — of lager-guzzling twentysomethings.
Beer writers and aficionados have welcomed the speciality bottles, which can contain 10 times as much hops as a traditional pint, as a necessary revitalisation of a market dominated by corporate giants turning out similar 4 per cent brown bitters.
But alcohol campaigners have complained that drinkers may be unaware of the strength of the new products, a single 330ml bottle of which is enough to make an adult exceed their daily recommended alcohol intake.
In January the Portman Group, the alcohol industry watchdog, ruled the brashest exponent of the movement, BrewDog brewery in Aberdeen, had broken its code on responsible marketing for its Speed Ball beer, named after the cocktail of cocaine and heroin which killed the actor John Belushi, star of The Blues Brothers.
Despite the group rejecting complaints against three of BrewDog’s other beers, Punk IPA, Rip Tide and Hop Rocker, its managing director, James Watt, accused Portman of being “outdated” and “out of touch”. He did, however, concede that his company had been provocative. “We thought we would give them something worth banning us for,” he said.
Good for them.
Note the comically low, and comically named, “recommended daily alcohol intake,” which would apparently forbid splitting a standard bottle of wine with another drinker. (Is there any better way to drink wine?) Incidentally, today’s 750 mL bottle derives from the “fifth,” or fifth of a gallon, which in the good old barrel-chested days of yore may well have been a single-serving portion.
School Strips Student of Clothes, Rights
A middle-school student who was caught red-handed with prescription-strength ibuprofen (in violation of the school’s drug policy) implicated another 13-year-old girl, Savana Redding. On the sole basis of this accusation, school officials searched Savana’s backpack, finding no evidence of drug use, drug possession, or any other illegal or improper conduct. They then took the girl to the nurse’s office and ordered her to undress. Not finding any pills in Savana’s pants or shirt, the officials ordered the girl to pull out her bra and panties and move them to the side. The observation of Savana’s genital area and breasts also failed to reveal any contraband.
Savana’s mother, whom Savana had not been permitted to call before or during the strip search, sued the school district and officials for violating her daughter’s Fourth Amendment rights to be protected from unreasonable search and seizure. The trial court and a panel of the Ninth Circuit ruled against her, but the en banc Ninth Circuit reversed, finding the search unjustified and unreasonable in scope, and therefore unconstitutional. The Supreme Court granted the school district’s petition for review.
Cato, joined by the Rutherford Institute and Goldwater Institute, filed a brief supporting the Reddings’ suit, arguing that strip searches, particularly of students, are subject to a higher level of scrutiny than other kinds of searches. Such searches are reasonable only when school officials have highly credible evidence showing that (1) the student is in possession of objects posing a significant danger to the school and (2) the student has secreted the objects in a place only a strip search will uncover.
In this case, there was insufficient factual basis for the strip search and the search was not reasonably related and disproportionate to the school officials’ investigation. The Supreme Court should thus affirm the Ninth Circuit and establish that such searches may be undertaken only when compelling evidence suggests a strip search is necessary to preserve school safety and health.
Safford Unified School District No. 1 v. Redding will be argued at the Supreme Court on April 21.
U.S. Chamber on Electronic Employment Verification
The U.S. Chamber of Commerce has a new paper out on electronic employment verification systems. Using government estimates, it finds that operating a nationwide worker background check system would cost $10 billion a year.
The Chamber is no opponent of requiring employers to check workers’ immigration status — I oppose the policy, preferring to live in a free country — but the paper has a lot of information about the practical impediments to giving the federal government a say in every hiring decision.
It also gives the last word to my paper, Electronic Employment Eligibility: Franz Kafka’s Solution to Illegal Immigration. In the paper, I discuss a method for verifying work eligibility under the current immigration law without creating a national identity system. It’s possible, but highly unlikely. As I say in my paper:
Unless the federal government can accept the risk of error and is willing to commit to lasting employment eligibility rules, it will require any internal enforcement program to use databases and tracking rather than just issuing cards that prove eligibility to work and nothing more. It will push Americans toward a national ID and worker surveillance system.
Democratic Math
As President Obama institutionalizes the permanent campaign, Democrats are using his mailing list and his organization to generate support for his massive spending hikes. Yesterday they announced to the media that they were delivering 642,000 pledges of support for the Obama budget to Capitol Hill. But Washington Post writer Dana Milbank asked a couple of questions and got some interesting answers:
At Democratic National Committee headquarters yesterday morning, party workers were loading minivans with Xerox boxes, each addressed to a different congressional office. It was a classic campaign canvassing operation — except that the next election is 19 months away. “Supporters of President Obama’s Budget to Hand Deliver 642,000 Pledges Gathered from Around the Country to Capitol Hill,” announced the Democrats’ news release.
CNN and the Huffington Post dutifully reported the DNC’s claim of 642,000 pledges. Network cameras and the BBC showed up to film the operation. “We had one of the big printers downstairs smoking last night,” party spokesman Brad Woodhouse said.
In fact, the canvassing of Obama’s vaunted e-mail list of 13 million people resulted in just 114,000 pledges — a response rate of less than 1 percent. Workers gathered 100,000 more from street canvassing. The DNC got to 642,000 by making three photocopies of each pledge so that each signer’s senators and representative could get one.
So they asked 13 million Obama supporters to support Obama’s budget, and got 114,000 responses — which might suggest that even Obama supporters aren’t excited about trillion-dollar deficits farther than the eye can see. And then they counted each one they did get three times to get a good number for the press release, which some of the media bit on. I wonder — if I count each tax dollar three times, can I send in $3,000 and have them count it as $9,000? After all, my two senators and my congressman will all get to spend it.
Obama vs. Ontario
The left-of-center government in Ontario, Canada’s largest province, is enacting dramatic corporate income tax (CIT) cuts. It announced last week that it is phasing in a reduction of the provincial CIT to 10 percent, which is paid on top of the federal rate that itself is falling to 15 percent. The combined rate of 25 percent will be far lower than the average U.S. federal/state rate of 40 percent.
The province is also eliminating sales taxes on business purchases, which will substantially reduce effective business tax rates.
As the Canadian Press reports, the cuts will make Ontario’s business tax rates much “lower than the average U.S. Great Lake state, considered Ontario’s main competitors for jobs and investment.”
Big Three auto companies, for example, may decide to close their U.S. plants over their numerous Ontario plants if they conclude that there will be a long-term Canadian tax advantage.
For its part, the Obama administration’s budget proposed a range of higher taxes on businesses, going in the exact opposite direction of virtually all other advanced economies.
McAuliffe-nomics
Good news for Virginia taxpayers! Turns out that gubernatorial candidate Terry McAuliffe, longtime Democratic fundraiser and former national chairman, understands the power of tax cuts. At a forum on Wednesday, he said that $1.25 million in tax cuts could generate $80 million in economic activity. I’m not sure even Art Laffer or Christina Romer would claim that much return on tax cuts. But here’s McAuliffe:
At George Mason University yesterday, McAuliffe said Virginia’s appeal to Hollywood filmmakers could improve the state’s economic picture. McAuliffe said he became familiar with the potency of the film industry while serving as chairman of the Democratic National Committee.
During a roundtable discussion with local filmmakers and producers at George Mason, he unveiled a proposal to offer additional tax incentives and other benefits to film crews making movies in Virginia. He said the state has been losing out to such states as North Carolina and Georgia, which offer greater benefits and have seen their film industries flourish.
He pointed to the HBO miniseries “John Adams,” about the nation’s second president, as an example of a film project that had benefited the state. The miniseries, filmed partly in Williamsburg and at the College of William and Mary, cost Virginia $1.25 million in tax breaks, but it boosted the local economy by $80 million and created 3,500 jobs, he said.
Unless . . . wait a minute. Could it be that McAuliffe only favors targeted tax cuts, tax cuts that would direct economic activity in a particular direction, tax cuts that would in fact help his Hollywood fundraising friends? Hard to say. He’s not calling for tax increases during his gubernatorial campaign, but of course he helped President Clinton raise taxes and he supports President Obama’s tax-spend-and-borrow policies. According to this liberal blogger, McAuliffe tells liberals privately that he can’t run for governor of Virginia on a tax-increase platform . . . if you get my drift.
But hey, if a $1.25 million tax break can generate $80 million of economic activity, what could a $125 million tax break do for Virginia?
New Study: ‘Drug Decriminalization in Portugal’
On July 1, 2001, a nationwide law in Portugal took effect that decriminalized all drugs, including cocaine and heroin. Drug possession for personal use and drug usage itself are still legally prohibited, but violations of those prohibitions are deemed to be exclusively administrative violations and are removed completely from the criminal realm.
In a new study, constitutional lawyer and Salon.com writer Glenn Greenwald examines the Portuguese model and the data concerning drug-related trends in Portugal, and argues that, “judged by virtually every metric, the Portuguese decriminalization framework has been a resounding success.”
Greenwald will speak at the Cato Institute Friday, April 3, about the success of the decriminalization program.
Terrible Example, Mr. Secretary
Here’s something rich from U.S. Education Secretary Arne Duncan: According to The New York Times, yesterday Duncan smeared South Carolina Governor Mark Sanford as a reform obstructionist because Sanford wants to turn down education stimulus money.
“For South Carolina to stand on the sidelines and say that the status quo is O.K., that defies logic,” said Duncan.
That’s right, Duncan had the gall to frame as a protector of the status quo the same governor who for years has been crystal clear that schooling in his state is dismal and that school choice – which takes power away from politically ferocious, government-schooling special interests and gives it to parents – is the key to real change. It’s also the same desperately sought after reform, by the way, that President Obama and his education secretary are happy to let die a slow – but politically convenient – death in Washington, DC.
And what do Secretary Duncan and his boss have in mind for South Carolina? The same worthless, failed education “solutions” too many politicians have proffered for decades: spend ever more money and talk big about the better results you’ll “demand” but never get. That makes the politicians look like they care about “the children” while really rewarding the politically potent, school-choice-hating, accountability dodging unions, administrators and bureaucrats who live off the status quo and serve not the kids, but themselves.
So let’s get something straight, Mr. Secretary: If you want real change you actually have to do something different, something that attacks real problems, and with his crusade for educational freedom that’s exactly what Governor Sanford has been doing. In stark contrast, so far all the Obama administration has offered is a lot of bluster, and a lot more money for our hopeless education monopoly. And that, Mr. Secretary, is truly acting like the status quo is O.K.
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