Archive for August, 2009
Hillary: The Movie
The Supreme Court is soon to hear a case that may drastically roll back campaign finance regulation in the United States:
The case involves “Hillary: The Movie,” a mix of advocacy journalism and political commentary that is a relentlessly negative look at Mrs. Clinton’s character and career. The documentary was made by a conservative advocacy group called Citizens United, which lost a lawsuit against the Federal Election Commission seeking permission to distribute it on a video-on-demand service. The film is available on the Internet and on DVD. The issue was that the McCain-Feingold law bans corporate money being used for electioneering.
The right position for the Court is that McCain-Feingold, and all other campaign finance regulation, constitutes unconstitutional limitation on free speech. This means reversing the Court’s 1974 Buckley v. Valeo decision, which held that government limits on campaign spending were unconstitutional but limits on contributions were not.
This distinction is meaningless. If it is OK for a millionaire to spend his own money promoting his own campaign, why can he not give that money to someone else, who might be a more effective advocate for that millionaire’s views, so that this other person can run for office?
More broadly, campaign finance regulation is thought control: it takes a position on whether money should influence political outcomes. Whether or not one agrees, this is only one possible view, and freedom of speech is meant to prevent government from promoting or discouraging particular points of view.
It would be a brave step for Court to reverse Buckley, but it is the right thing to do.
For more background on the case, watch this:
C/P Libertarianism, from A to Z
Britain’s Brown Bounces Betting Businesses
A further chapter in Britain’s economic suicide comes from Tax Notes International today (subscription only):
In a move apparently aimed at lowering their tax bills, major U.K. sports bookmakers William Hill and Ladbrokes plan to relocate their sports betting operations to Gibraltar, according to media reports.
The move by William Hill was announced on August 4 and was subsequently followed by Ladbrokes’ announcement on August 6. The moves are projected to cost the U.K. Treasury millions of pounds in tax revenue, according to an August 6 report on www.guardian.co.uk.
The departure of these sports betting firms, particularly if other sports bookmakers follow, could put the U.K.’s entire online gambling market (the largest legal betting market in the world) beyond the reach of either the Gambling Commission or the Treasury, according to media reports.
Ladbrokes CEO Christopher Bell cited “intense competitive pressure” as the main spur pushing his company offshore. “Our award winning sportsbook Ladbrokes.com is the biggest in the U.K. market but faces aggressive competition from offshore operators who hold a very significant cost advantage by operating from low tax jurisdictions. Operating from the U.K. has become unsustainable and we will relocate by the year end,” he was quoted as saying in an August 6 statement on the Ladbrokes Web site.”
The 15 percent tax on online gambling (the industry had lobbied for a 2 percent or 3 percent tax), one of Gordon Brown’s last acts as chancellor of the Exchequer, has been generally seen as an embarrassment for London, which had sought to position the U.K. regulatory approach as world leading. Instead of applying for licenses with the Gambling Commission as the laws’ drafters had hoped, members of the online gambling industry have boycotted the U.K. and headed offshore.
“The U.K. has effectively turned its back on the industry. It will now be almost impossible for a U.K.-based operator to compete with offshore business,” John Coates, chair of the Remote Gambling Association, said in a March 2007 statement. Sports betting became the last gambling subindustry to remain onshore.
Currently, the total tax faced by U.K.-based sports bookmakers includes the 15 percent profits tax, a 15 percent VAT, corporate tax, and a special 10 percent tax for horse racing betting profits. Tax rates in offshore locations such as Gibraltar, Malta, or the Isle of Man are only about 1 percent to 2 percent, according to the statement on the Ladbrokes Web site, and there is no special horse racing profits tax.”
A Warning for President Obama
Last November’s rejection of the failed GOP didn’t mean voters were ready to embrace a massive increase in the size of the federal government, says Scott Keeter, director of survey research at Pew Research Center:
Obama campaigned for strong government action on the economy and health care, and most of his voters agreed with this direction. But Obama’s efforts to expand the role of government have alienated many of those who did not vote for him but nonetheless gave him high marks when first he took office.
Pew Research’s political values survey this spring showed no surge in public demand for more government. Indeed, anti-government sentiment, which had been building for years, was heightened by the financial bailout and stimulus program.
Anti-Sex School for Johns?
In a novel approach to punishing men who attempt to hire prostitutes, Nashville and other cities are sending first-time offenders to a one-day class where they learn from former prostitutes, health experts, psychologists and law enforcement officers about “the risks of hiring a prostitute.”
This is a waste of time.
Prostitution is “the oldest profession” for a reason: sex is a biological imperative. A day of anti-sex school will have no effect on the demand for prostitution.
The better approach is to legalize.
Under legalization, the vast majority of men would patronize legal establishments. This would also allow quality control, since competition would encourage prostitution services to certify their employees as free from STDs and above the age of consent. Legalization would help the women who serve as prostitutes by reducing the violence they suffer from johns and pimps. In particular, legalization would mainly eliminate forced prostitution.
The claim that prostitution encourages sexual assault does not pass the sniff test. Many countries, plus Nevada and Rhode Island, allow legal prostitution to varying degrees, but no evidence suggests they have a higher incidence of violence toward women.
C/P Libertarianism, from A to Z
Union-Funded Study Says Private Schools Expensive!
I know, it’s a bit of a dog-bites-man headline, but bear with me. A new study by a Rutgers University ed. professor purports to tell us about “Private Schooling in the U.S.: Expenditures, Supply, and Policy Implications.” The trouble is, the study presents no data that are representative of private schooling in the U.S.
Author and ed school professor Bruce Baker analyzed per pupil expenditures of private schools that had registered with Guidestar.org. Based on its mission statement, Guidestar is a service brings together charities seeking donations with would-be donors, in an effort to encourage philanthropy. Only a fraction of the nation’s private schools participate, and they are self-selected into that group. It is reasonable to think that the schools that self-select into Guidestar are the ones most avidly seeking donations. According to a PowerPoint presentation on Guidestar’s site, its top five types of users are:
- Non-Profit Development Directors
- Non-Profit Fundraising Directors
- Grant Writers
- Foundation Grants Administrators and Donor Services Managers
- Corporate Foundation Giving Program Managers
Quite possibly, the private schools most actively seeking non-tuition revenue are the ones… receiving the most non-tuition revenue. So not only is the Guidestar population of private schools not randomly selected, and non-representative of private schools nationally, there is reason to believe it is biased in the direction that its author and funders favor.
This would be bad enough, but it gets worse. The author makes no serious attempt to determine the extent of the bias, or to control for it. In fact, he consciously makes it worse: he choses to eliminate from consideration any private schools reporting revenues or expenditures under $500,000, thereby excluding smaller, less expensive schools.
I have literally NEVER seen a serious academic study that starts from a sample that is known to be biased in the direction favored by its funders and then consciously makes matters worse by actively skewing it even further!
An example of the kind of analysis that is supposed to accompany the presentation of a non-random sample to ascertain extent and direction of bias appears in my own 2006 study of Arizona private schools, available here. I dedicate five pages (beginning on page 14) to an assessment of whether and to what extent my survey respondents differed from the universe of all Arizona private schools. Significant effort was expended on that section of the study, because it is both necessary and expected. I was disappointed, though not surprised, by the absence of such a section in the Baker study.
Not only can the Baker study not tell you how much U.S. private schools really spend, it seems to have a little difficulty getting the public school spending figures right, too. For instance, there is a line on page 42 implying that DC public schools were spending $14,000 in 2007. Federally-reported data show that DC was already spending over $18,000 per pupil in 2005-06. And I’ve shown that it spent $28,000/pupil in 2008-09.
Finally, did I mention that Baker’s study was funded by the NEA-bankrolled “Great Lakes Center for Education Research and Practice”? As Ed Sector pointed out a couple of years ago: “The Great Lakes Center and the NEA’s Michigan affiliate are also linked on a personal level: [the Center's director] Teri Battaglieri is married to Michigan Education Association Executive Director Lou Battaglieri.”
***
Update: Note that the reason Guidestar only has financial information for a small fraction of the nation’s private schools is that the vast majority of U.S. private schools are religious, and religious schools are not required to file IRS Form 990 (from which Guidestar gets its financial data). The religious private schools that do file Form 990 are thus a small self-selected group that is presumably seeking to maximize its revenue from charitable donations, and hence very likely biased toward higher spending schools.
Monday Links
- Seven ideas for dealing with North Korea.
- Paging the Fifth Amendment: Florida high court rules that the state can seize your private property without giving you a dime.
- How to cut the deficit by spending less. It sounds crazy, but it just might work.
- Why stop at “Cash for Clunkers”? Why not have a “Cash for Everything” program? Because it was a dumb idea to begin with, that’s why.
- Podcast: When Germany enacted their own “Cash for Clunkers” scheme, some of the old vehicles were illegally exported and sold out of the country before being destroyed. Could it happen here? Would that be so bad?
Filed under: Government and Politics; Tax and Budget Policy
Lighting for People, not Politics
Unfortunately, there are many good (and sad) examples of Uncle Sam’s insatiable desire to regulate the smallest aspects of our lives. Legislators can’t even let us decide which light bulbs to buy. Government believes that it knows best, and is banning the venerable incandescent bulb.
Lighting consultant Howard Brandston makes a plaintive plea for lighting that serves people rather than politics:
The Energy Independence and Security Act of 2007 will effectively phase out incandescent light bulbs by 2012-2014 in favor of compact fluorescent lamps, or CFLs. Other countries around the world have passed similar legislation to ban most incandescents.
Will some energy be saved? Probably. The problem is this benefit will be more than offset by rampant dissatisfaction with lighting. We are not talking about giving up a small luxury for the greater good. We are talking about compromising light. Light is fundamental. And light is obviously for people, not buildings. The primary objective in the design of any space is to make it comfortable and habitable. This is most critical in homes, where this law will impact our lives the most. And yet while energy conservation, a worthy cause, has strong advocacy in public policy, good lighting has very little.
He hopes for a congressional reversal of the ill-considered prohibition. If that doesn’t work, people do have one more option: stock-piling bulbs for future use. Of course, that probably would lead to the creation of a federal light bulb police, tasked with wiping out the black market in incandescent bulbs. “Use a bulb, go to jail” may become the newest law enforcement slogan!
Filed under: Energy and Environment; Government and Politics; Regulatory Studies
Wall Street, Big Oil, and Federal Workers
What do workers in finance, energy, and the federal government have in common? Very generous compensation packages, according to data from the Bureau of Economic Analysis.
When I posted federal compensation data last week, I received a flood of comments that disputed my contention that federal workers are overpaid. A common retort was that “federal workers are not burger flippers.” That’s true, but workers in the computer systems design, computer manufacturing, and chemicals industries are not burger flippers either, yet those folks also earn less than federal workers, on average.
The Bureau of Economic Analysis presents compensation data for 72 industries that span the U.S. economy (Table 6.2D). Figure 1 shows the 20 industries with the highest levels of average compensation, including wages and benefits. It also shows the average for all U.S. private industries and the average for the industry with the lowest compensation, which, indeed, includes burger flipping. (I’ve simplified the names of the industries in some cases).
Federal civilian workers have the seventh highest average compensation of 72 industries. Compensation in the federal civilian workforce is topped only by compensation in three finance-related and three energy-related industries.
Should federal compensation be so high? We are always told that the 1.9 million federal civilian workers are “public servants,” implying that they are selflessly sacrificing for the good of the nation. I’m sure that most federal workers are dedicated employees, but looking at these compensation levels, I don’t see much sacrificing going on.
It is true that there are some elite agencies in the government that need to have high compensation levels. But the bulk of the federal workforce is in sprawling bureaucracies such as the U.S. Department of Agriculture, which has a huge army of about 100,000 workers. The main job of USDA workers is to administer farm aid, food stamps, and other subsidy programs. That sort of paper-pushing work is not rocket science.

The other point I made last week is that the BEA data makes clear that federal compensation has skyrocketed this decade. Figure 2 provides more support for that claim.
Federal civilian workers had the fifth highest average compensation increase among 72 industries between 2000 and 2008. Average federal civilian compensation increased 57 percent, which compared to the overall average increase in the private sector of 31 percent.
Let’s slow this freight train down. Federal pay ought to be frozen for a period of years, at least until the economy recovers and private sector pay starts catching up.

Filed under: Government and Politics; Tax and Budget Policy
The Government Can!
I don’t sing in my videos (much to the relief of every living creature). I don’t dance either (there is a limit to self-deprecation). But Tim Hawkins does sing and dance, and he uses those skills to great effect in this video. Enjoy.
Filed under: Government and Politics; Tax and Budget Policy
Why Is Marijuana Still Illegal?
According to Rasmussen Reports, a majority of Americans believe that alcohol is more dangerous than marijuana:
Pot or not, that is the question.
Fifty-one percent (51%) of American adults say alcohol is more dangerous than marijuana, according to a new Rasmussen Reports national telephone survey. Just 19% disagree and say pot is worse.
But 25% say both are equally dangerous. Just two percent (2%) say neither is dangerous.
Younger adults are more likely than their elders to view alcohol as the more dangerous of the two.
Fifty-three percent (53%) of women say alcohol is more dangerous than marijuana, compared to 48% of men. Men by a two-to-one margin over women say pot is riskier, but women are more inclined to say both are dangerous.
Unmarried adults are more critical of alcohol than those who are married. Those with children at home think alcohol is more dangerous than those without kids living with them.
So why are pot users still being tossed into jail?
There are lots of good reasons why people shouldn’t use drugs. But making drug use illegal only compounds the social consequences, turning a moral and health problem into a legal and criminal problem. The result is the worst of both worlds: all of the problems of drug use plus all of the problems of prohibition. Unfortunately, those consequences flow overseas, further undermining fragile societies such as Afghanistan, Colombia, and Mexico and ultimately American security objectives as well.
It’s time to call off the Drug War.
Filed under: Foreign Policy and National Security; Law and Civil Liberties
Costa Rican President Calls for New Constitution
President Oscar Arias of Costa Rica has joined the trend in Latin America of calling for a new constitution that would expand executive powers and get rid of “unnecessary checks” on the president’s authority. Although Arias has less than 9 months left in office and can’t run for reelection, his brother and current minister of the presidency — a primer minister of sorts — has openly said he’s interested in running for president in 2014. A new constitution with expanded executive powers would fit him just fine.
Arias’ call has been received with broad skepticism. La Nación, Costa Rica’s leading newspaper, said that trying to make the government more efficient through a constitutional convention was like “killing a mouse with cannon fire.” The newspaper also said that the idea of dismantling the checks and balances on executive power sounds like an effort to create an “imperial presidency.” Maybe we should send our colleague Gene Healy to study the case.
However, the most disturbing aspect of Arias’ call was his harsh criticism of the media. Borrowing from the script of Rafael Correa in Ecuador and Hugo Chávez in Venezuela, Arias described news outlets as “corporations interested in making a profit” that don’t necessarily pursue the “public good.” He asked the media to “tone down” its criticism of government officials, and said that journalists “should understand their role within a higher framework.” He complained that news outlets claim to represent the public interest, without any control or accountability.
That a politician with a thin skin complains about media criticism is hardly news. However, the fact that Arias did it while calling for a new constitution that would change the institutional and legal framework of Costa Rica (including the role of the media) should be interpreted as a threat to freedom of the press.
Most people outside Costa Rica see Arias as an accomplished democrat who won the Nobel Peace Prize for his efforts to bring peace to Central America during the 1980s. Most recently he attempted to mediate the conflict in Honduras after Manuel Zelaya was (legally) removed from office. However, many people in Costa Rica fret about what they perceive as an increasingly controlling style of governing by Arias and his brother, intimidating the media, bullying the opposition, crowding key government posts with allies and cronies, and now hoping for a dynastical succession in 2014.
Filed under: Cato Publications; Government and Politics; Law and Civil Liberties
Friday Links
- Nearly 30 European countries have agreed to end their government mail monopolies in the next five years. The U.S. Postal Service has estimated losses of $7 billion this year. It’s time to privatize.
- If you are curious about how President Barack Obama’s health plan would affect your health care, look no further than Massachusetts. You might not like what you find.
- How the outcome of the health care debate will affect our greatest liberty — life.
- Keep an eye on the troubling voting procedures in Europe.
- Podcast: The Age of Reagan
Fresh OLC Memos
The Justice Department just released some more Office of Legal Counsel memoranda. As you may already know, these legal interpretations facilitated the worst of the Bush administration’s approach toward terrorism — forget the lawful tools that we have on hand; let’s craft a whole new legal regime that tosses out barriers to executive authority and upends the rule of law. Posse Comitatus and the First Amendment got you down? No problem. Non-Detention Act preventing you from detaining American citizens as enemy combatants? Whatever. Geneva Conventions, War Crimes Act, and Convention Against Torture barring coercive interrogation? Crank it to eleven.
Jack Balkin has a good summary with some highlights. On Iraq:
On October 21st, 2002, five days after Congress authorization of the use of military force against Iraq, John Yoo explains why it was legally irrelevant that Congress authorized the Iraq War, noting that the President could have attacked Iraq without anyone’s permission. Delightfully, Yoo cites President Clinton’s use of force in Bosnia, which Yoo himself had questioned when the Republicans were out of power. But perhaps being in power gave him a different perspective.
Yoo sums up his argument this way: “There is no expression in the Constitution of any requirement that the President seek authorization from Congress prior to using military force. There is certainly nothing in the text of the Constitution that explicitly requires Congress to consent before the President may exercise his authority as Chief Executive and Commander in Chief to command U.S. military forces.” I’m glad we straightened that out.
This should not be surprising. The same claim of unitary executive authority was bandied about in the run-up to the Gulf War. Guess who said this:
It was my view at the time [that] we were absolutely committed to getting Saddam Hussein out of Kuwait one way or the other, no matter what we had to do. We had to have the Saudis as allies in that venture, but if no-one else had been with us if it had just been the United States and Saudi Arabia, without the United Nations, without the authorisation of the Congress, we were prepared to go ahead. I argued in public session before the Congress that we did not need Congressional authorisation. That in fact we had the Truman precedent from the Korean crisis of 1950 that the Senate and all ratified the United Nations charter. By this time the UN Security Council had authorised the use of force back in November saying that we could do it by January 15th if he wasn’t out by then and that legally and from a constitutional stand point we had all the authority we needed.
I was not enthusiastic about going to Congress to ask for an additional grant of authority.
The Founders made an inherently inefficient form of government as a check against arbitrary use of the power of the state. The President doesn’t declare war, Congress does. When we allow the government to write itself a waiver to constitutional limitations that are part and parcel of its contract with the people, it’s time for the people to let the government know who the boss is in this employer-employee relationship.
Timothy Lee’s idea is looking better all the time.
Evidence-based for Thee, But Not for Me
One of the things that strikes me as curious about supporters of the No Child Left Behind Act is that they talk regularly about “evidence” and having everything be “research-based,” yet they often ignore or distort evidence in order to portray NCLB as a success. Case in point, an op-ed in today’s New York Times by the Brookings Institution’s Tom Loveless and the Fordham Foundation’s Michael Petrilli.
Truth be told, the piece doesn’t lionize NCLB, criticizing the law for encouraging schools to neglect high-performing students because its primary goal is to improve the performance of low achievers. Fair enough. The problem is, Loveless and Petrilli assert with great confidence that the law is definitely doing the job it was intended to do. “It is clear,” they write, “that No Child Left Behind is helping low-achieving students.”
As you shall see in a moment, that is an utterly unsustainable assertion according to the best available evidence we have: results from the National Assessment of Educational Progress, which carries no consequences for schools or states and, hence, is subject to very little gaming. Ironically, Loveless and Petrilli make their indefensible pronouncement while criticizing a study for failing to use NAEP in reaching its own conclusions about NCLB.
So what’s wrong with stating that NCLB is clearly helping low-achieving students? Let me count the ways (as I have done before):
- Numerous reforms, ranging from class-size reduction, to school choice, to new nutritional standards, have been occurring at the same time as NCLB. It is impossible to isolate which achievement changes are attributable to NCLB, and which to myriad other reforms
- As you will see in a moment, few NAEP score intervals start cleanly at the beginning of NCLB – which is itself a difficult thing to pinpoint – making it impossible to definitively attribute trends to the law
- When we look at gains on NAEP in many periods before NCLB, they were greater on a per-year basis than during NCLB. That means other things going on in education before NCLB were working just as well or better than things since the law’s enactment.
So let’s go to the scores. Below I have reproduced score trends for both the long-term and regular NAEP mathematics and reading exams. (The former is supposed to be an unchanging test and the latter subject to revision, though in practice both have been pretty consistent measures.) I have posted the per-year score increase or decreases above the segments that include NCLB (but that might also include years without NCLB). I have also posted score increases in pre-NCLB segments that saw greater improvements than segments including NCLB. (Note that on 8th-grade reading I didn’t highlight pre-NCLB segments with smaller score decreases than seen under NCLB. I didn’t want to celebrate backward movement in any era.)
For context, NCLB was signed into law in January 2002 but it took at least a year to get all the regulations written and more than that for the law to be fully implemented. As a result, I’ll leave it to the reader to decide whether 2002, 2003, or even 2004 should be the law’s starting point, noting only that this problem alone makes it impossible to say that NCLB clearly caused anything. In addition, notice that some of the biggest gains under NCLB are in periods that also include many non-NCLB years, making it impossible to confidently attribute those gains to NCLB.
Please note that I calculated per-year changes based on having data collected in the same way from start to end. So some lines are dashed and others solid (denoting changes in how some students were counted); I calculated changes based on start and end points for the type of line used for the period. I also rounded to one decimal point to save space. Finally, I apologize if this is hard to read—I’m no computer graphics wizard—and would direct you to NAEP’s website to check out the data for yourself.
In Massachusetts, the Rule of Law Dies
Lawmakers in the Bay State are rushing to change state law to make sure the late Sen. Edward Kennedy’s seat is filled as soon as possible with a reliable Democratic successor.
Never mind that as recently as 2004 the same state legislature had changed state law to mandate that a vacant Senate seat could only be filled by a special election to be held within five months of the vacancy.
Before then, as in most other states, vacancies were filled by an appointment of the governor, with the seat coming up for a vote at the next federal election. But in 2004, the Democratic legislature changed the law to prevent then-governor Mitt Romney, a Republican, from naming a Republican to replace Democratic Sen. John Kerry if he were to be elected president. Kerry lost to George W. Bush, but the law remained on the books.
That was then; now is now. With Democrats in Washington wanting to maintain their 60-vote caucus in the Senate, a five-month delay to let the people of Massachusetts actually vote on who will replace Kennedy has become an intolerable roadblock to progress. According to a report from Bloomberg News this morning, the Democratically-dominated legislature in Massachusetts is about to change the law back to allow the now-Democratic governor to appoint a successor within a month.
This is a textbook example of how politicians routinely ignore The Rule of Law in pursuit of political aims.
In his book, The Road to Serfdom, Friedrich Hayek devoted an entire chapter to the importance of the rule of law to a free society. “Nothing distinguishes more clearly conditions in a free country from those in a country under arbitrary government than the observance in the former of the great principles know as the Rule of Law,” Hayek wrote. He defined the phrase to mean “that government in all its actions is bound by rules fixed and announced beforehand,” and not subject to be changed arbitrarily depending on circumstances.
The Bloomberg story contained a less scholarly but equally sound critique of what is going on in Massachusetts: “It shows Democrats don’t care about principle,” said Massachusetts House Minority Leader Bradley Jones, a North Reading Republican. “They don’t care about debate. They don’t care about the rules. It really is disgusting.”
The Surreality of Washington
Further to David Rittger’s post below, here is a sublime commentary on Washington politics, the media, and some other odd phenomena:
Is Using A Minotaur To Gore Detainees A Form Of Torture?
Filed under: Foreign Policy and National Security; Government and Politics; Law and Civil Liberties
Deficits, Spending, and Taxes
The White House and the CBO announced this week that:
The nation’s fiscal outlook is even bleaker than the government forecast earlier this year because the recession turned out to be deeper than widely expected, the budget offices of the White House and Congress agreed in separate updates on Tuesday.
The Obama administration’s Office of Management and Budget raised its 10-year tally of deficits expected through 2019 to $9.05 trillion, nearly $2 trillion more than it projected in February. That would represent 5.1 percent of the economy’s estimated gross domestic product for the decade, a higher level than is generally considered healthy.
What is the right response to these deficits?
One view holds that most current expenditure is desirable — indeed, that expenditure should ideally be much higher — so the United States should raise taxes to balance the budget. Taxes are a drag on economic growth, however, and unpopular with many voters, so this view presents politicians with an unhappy tradeoff.
The alternative view holds that a substantial fraction of current expenditure is undesirable and should be eliminated, even if the revenue to pay for it could be manufactured out of thin air. To be concrete:
- Medicare and Medicaid encourage excessive spending on health care.
- The invasions of Iraq and Afghanistan encourage hostility to the U.S. and thereby increase the risk of terrorism.
- Drug prohibition generates crime and corruption.
- Agricultural subsidies distort decisions about which crops to grow, and where.
- And much, much more.
So, under this view, the United States can have its cake and eat it too: improve the economy and reduce the deficit without the need to raise taxes.
This approach is not, of course, politically trivial, since existing expenditure programs have constituencies that will fight their elimination.
But thinking about these two views of the deficits is nevertheless useful: it shows that discussion should really be about which aspects of government are truly beneficial, not just about the deficits per se.
Enhanced Justification Techniques
Over the last few days the right has been trying to rehabilitate the use of “enhanced interrogation techniques” on detainees, claiming that the ends justified the means. For a sample, click here, here, here, and here.
Don’t be fooled by these “enhanced justification techniques.” (H/T NonSequitur, who coined the term in response to Charles Krauthammer’s justifications for torture, something I have also fisked)
Peter Bergen breaks down the facts and chronology of what information we gleaned from Abu Zubaydah and Khalid Sheikh Mohammed (KSM) over at Foreign Policy.
Most interesting tidbit:
The CIA inspector general’s report on al Qaeda detainees also concluded that based on a review of KSM’s plots aimed at the United States, it “did not uncover any evidence that these plots were imminent,” but it did find that KSM “provided information that helped lead to the arrests of terrorists including Sayfullah Paracha and his son Uzair Paracha, businessmen who Khalid Shaykh Muhammad planned to use to smuggle explosives into the United States; Saleh Almari, a sleeper operative in New York; and Majid Khan, an operative who could enter the United States easily and was tasked to research attacks [redacted]. Khalid Shaykh Muhammad’s information also led to the investigation and prosecution of Iyman Faris, the truck driver arrested in early 2003 in Ohio.”
The man identified by the CIA inspector general as “Saleh Almari, a sleeper operative in New York” who KSM supposedly gave up to his interrogator appears, in fact, to be Ali Saleh Kahlah al-Marri, who was arrested on Dec. 12, 2001, in Peoria, Ill., a year and a half before KSM was captured.
I’ve written extensively about al-Marri, an Al Qaeda sleeper agent that the FBI picked up shortly after September 11, 2001. His arrest had nothing to do with KSM’s statements. This was FBI agents doing police work like we would hope they do. His indictment for credit card fraud and lying to federal agents may not be prosecution for conducting a terrorist attack, but that’s okay — if you can bust him on something else before he blows up a building, then it’s a win all around. Terrorism inherently breaks laws, and prosecuting aspiring terrorists for those crimes neutralizes them.
Filed under: Foreign Policy and National Security; Law and Civil Liberties
We Need a New Church Committee
The Church Committee was a post-Watergate congressional committee that investigated allegations of lawbreaking by the executive branch, including the CIA and FBI. The committee’s report was incredibly important in helping the public understand the depth and breadth of Cold War lawlessness during the previous three decades. When Cato asked me to pen the chapter on electronic surveillance in this year’s edition of the Cato Handbook on Policy, I included a recommendation that Congress should launch a modern-day successor to the Church Committee.
In the last few months, I’ve been pleased to see that people smarter than me have been having the same idea. The latest is the Nation’s Chris Hayes, who has a great cover story calling on Congress to launch a wide-ranging investigation of executive branch lawbreaking.
We have lots of evidence that members of the Bush administration broke laws related to torture, wiretapping, and the Patriot Act. But because these reports are based on press reports and heavily-redacted Freedom of Information Act requests, we don’t know the full nature and extent of these crimes. Given that Barack Obama has fallen short of the transparency pledges he made during the campaign, Congress is likely the only institution in the United States with the resources and the political clout to produce a complete accounting of the civil liberties abuses of the last three decades.
I think the most important point Chris makes is this one:
Since the committee began in the wake of Nixon’s resignation and revelations about his deceptions, abuses and sociopathic pursuit of grudges, Church and many Democrats had every reason to believe they would be chiefly unmasking the full depths of Nixon’s perfidy. Quickly, however, it became clear that Nixon was a difference in degree rather than a difference in kind. Kennedy and Johnson had, with J. Edgar Hoover, put in place many of the illegal policies and programs. Secret documents obtained by the committee even revealed that the sainted FDR had ordered IRS audits of his political enemies. Republicans on the committee, then, had as much incentive to dig up the truth as did their Democratic counterparts.
New DOE Study: On-Line Learning Beats the Classroom Kind
The Dept. of Education has just released a study finding that (predominantly college-aged or older) students learn significantly more if their lessons occur at least partly on-line, than if they rack up seat-time exclusively in conventional classrooms (HT: Matt Ladner).
This makes sense. On-line learning usually allows students to progress at their own pace, so as soon as the student’s ready to move on to the next stage, she can. There’s no falling behind the rest of the class, or doodling in your notebook while you wait for them to catch up. So, like performance-based grouping and one-on-one instruction, it’s more efficient than the status quo, which lumps together students by age regardless of their knowledge or performance.
The great irony of this report is that it bears the name, in its frontmatter, of one Arne Duncan, secretary of education. Secretary Duncan had this to say shortly after taking office back in February: “If we accomplish one thing in the coming years, it should be to eliminate the extreme variation in standards across America.”
While the evidence presented by his own Department shows that greater student achievement comes from more individually customized on-line learning, Duncan’s diametrically opposed priority is to homogenize education so that every 10 year old is being taught the same things at the same time.
Fortunately, short of actually outlawing or invasively regulating on-line learning, there’s nothing that anyone can do to stop it from gradually displacing the old model, particularly for high school and older students.

