Archive for September, 2009

Curb Your Enthusiasm: Americans Should Not Expect Much from Obama’s Visit to the UN

Barack Obama speaks at the UN general assembly. Photo: Jeff Zelevansky/GettyPresident Obama’s address to the United Nations General Assembly this morning, and his chairing of the UN Security Council on Thursday, is a grand attempt to tell the world–after eight years of George W. Bush–that the United States will no longer go it alone.

The president has a very difficult task, however, if he expects to invest the United Nations with renewed credibility. The UN is a weak and fractured institution, whose limited power and authority has been steadily undermined by a progression of U.S. presidents, both Democrats and Republicans. We should not forget that President Bill Clinton explicitly circumvented the UN Security Council when he chose to intervene militarily in Kosovo in 1999. Clinton’s evasion of the UNSC established a precedent for future military intervention that the Bush administration happily capitalized upon to send troops into Iraq in 2003.

Susan Rice, our current UN ambassador, endorsed this approach in 2006 when she called for U.S. military action against Sudan. Prior UN approval of such a mission was unlikely, but ultimately unnecessary, Rice argued at the time, because of the precedent set by President Clinton in Kosovo.

For American policymakers who have demonstrated such disdain for the UN in the past to now profess great respect for the institution should not surprise us. The UN is only as relevant as the member states wish it to be. In areas of common concern, the desire to cooperate and compromise may temporarily trump concerns over protecting state sovereignty and preserving freedom of action to deal with urgent security threats. In most cases, however, we can expect the member states, with the United States in the lead, to pursue policies that they believe (not always correctly, as we learned in Iraq) will advance their security. And if the UN weakly sanctions such actions after the fact, or refuses to do so, that will only reveal its irrelevance.

The Return of the Boogie Man, Zelaya

Manuel ZelayaManuel Zelaya’s return to Honduras is clearly intended to disrupt that country’s presidential election scheduled for late November. The political campaign was taking place in a calm and orderly manner, in full accordance to Honduran law. Panama had already announced that it would recognize the election as legitimate, and it was apparent that sooner or later more countries would make the same decision. Unfortunately, a peaceful and lawful election process in Honduras is not in Zelaya’s interest.

That Zelaya has been aided by Venezuela and its populist allies in the region in his return to Tegucigalpa is unsurprising. What is astounding is Brazil’s deep involvement–allowing its embassy to be used as a base of political operations by Zelaya, counter to international norm. Even more startling U.S. Secretary of State Hillary Clinton’s assessment of Zelaya’s return as a positive development, despite the possibility of violence. The international community is inexcusably crossing the boundaries of diplomacy in dealing with Honduras.

Wednesday Links

  • Signals indicate that the market just might be on the rebound. That’s great,  but it’s important not to get ahead of ourselves, says Johan Norberg.  “We must never forget that the light at the end of the tunnel can be an approaching train.”
  • Michael Cannon continues his debate in the LA Times: The dirty little secret is that “Obama-care” isn’t about reducing health care costs or making coverage more secure. It’s about robbing Peter to pay Paul.

An Open and Honest Debate About Drug Policy in El Paso, Texas

El PasoLast January, the city council of El Paso, Texas, unanimously approved a resolution urging the federal government to support “an honest, open, national debate on ending the prohibition on narcotics.” Soon afterwards, the mayor of El Paso received a call from Washington, DC demanding that he veto the resolution, otherwise his city would be cut off from some federal money. He did. However, the city council approved a new resolution calling for a conference assessing U.S. drug policy and the War on Drugs.

That led to the University of Texas at El Paso (UTEP) organizing a two-day conference on the 40th anniversary of the War on Drugs with leading experts from all over the world in the field of drug policy. The event was heavily attended by students, journalists and people interested in the subject. I had the chance to speak on the first panel, addressing the “History, Successes and Failures” of the War on Drugs. Not surprisingly, I failed at pointing out a single success from the current prohibitionist approach to drug policy. A summary of that first panel is available here.

Unfortunately, two Obama czars (on border and drugs) called off their participation just days before the conference. It was a missed chance to find out if there’s any change going on with the new administration regarding drug policy. In his opening remarks, Beto O’Rourke, the city councilman who introduced the original resolution that was later vetoed, said that he never imagined that calling for an “open and honest debate” on drug policy was going to be so controversial.

El Paso is at the crossroads of the War on Drugs. One of the safest cities in the Unites States, it’s just across the Rio Grande from one of the most dangerous cities in the world, Mexico’s Ciudad Juárez, where so far this year more than 1,000 people have died in drug related violence. El Paso is not isolated from this carnage. Both cities are deeply intertwined economically, culturally and by blood ties. “Todos somos juarences” (we are all Juarezians) was the most common phrase from residents of El Paso expressing concern about the situation in their sister city.

Needless to say, the participants at the conference were highly critical of the War on Drugs. Some speakers focused on the empirical evidence coming from countries with flexible drug laws, such as the Netherlands and more recently Portugal. Luis Astorga, a professor at the Autonomous University of Mexico (UNAM) gave an interesting presentation on the history of drug cartels in Mexico. Other presentations dealt with the social consequences of prohibition, and how the War on Drugs is affecting communities in Mexico and the United States.

As I’ve written earlier, in Latin America there have been growing calls in recent months to reconsider the War on Drugs. It is about time that this discussion also takes place in the United States. Kudos to UTEP and the city of El Paso for taking that step.

The President’s Health Care Tax

As Michael Cannon discussed in an earlier post, the White House is trying to claim that health care “reform” does not mean higher taxes. This is a two-pronged issue. First, there is a mandate to purchase health insurance. Second, there is a tax (the White House calls it a fee) on people who fail to purchase a policy.

The White House claims this mandate is akin to state-level requirements for the purchase of health insurance, and that the newly-insured people will be getting some value (a health insurance policy) in exchange for their money. These assertions are defensible, but that does not change the fact that a tax is being imposed.

It might be plausible to argue that the mandate is not a tax if the value of the insurance policy to the individual was equal to the cost. But since these are people who are not buying policies, their behavior reveals that this obviously cannot be true. So this means that they will be worse off under Obama’s plan and that at least some of the cost should be considered a tax.

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Liberals in Power

Will Saletan writes that he and his colleagues at Slate seem to be increasingly engaged in libertarian sallies at the food police and other nanny statists. “Are we becoming conservative?” he worries, wringing his hands. Not quite:

We’re what we were five or 10 years ago: skeptics and fact-mongers with a bias for personal freedom. It’s the left that’s turning conservative. Well, not conservative, but pushy. Weisberg put his finger on the underlying trend: “Because Democrats hold power at the moment, they face the greater peril of paternalistic overreaching.” Today’s morality cops are less interested in your bedroom than your refrigerator. They’re more likely to berate you for outdoor smoking than for outdoor necking. It isn’t God who hates fags. It’s Michael Bloomberg.

Yes, that’s the same Jacob Weisberg who wrote In Defense of Government and blamed libertarians for the financial collapse. Older and wiser every day.

When Saletan takes on the stretches that the fat-tax advocates have to make to justify government regulation of what we eat, he would have done well to cite Glen Whitman’s Cato paper on paternalism.

And as genuine liberals recoil in horror at the actions of liberals with power, it’s a good time to read Damon Root’s new Cato Policy Report cover story on liberals who fled “right” from the economic and constitutional malfeasance of the New Deal. Let’s hope Saletan’s “new Whiskey Rebellion” spreads beyond the pages of Slate.

HT: Jacob Grier.

Cato Supreme Court Review on the Road

With last week’s Constitution Day conference behind us (watch it here) — and the release of the 2008-2009 Cato Supreme Court Review — I can finally escape the office where I’ve been holed up all summer.  Yes, it’s time to go on the road and talk about all these wonderful legal issues we’ve learned about over the past year, as well as previewing the new Supreme Court term.

To that end, below the jump is my fall speaking schedule so far.  All these events are sponsored by the Federalist Society (and in some cases co-sponsored by other organizations) and all are open to the public.

If you decide to attend one of the presentations after learning of it from this blog post, please feel free to drop me a line beforehand, and do introduce yourself after the event.

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The Tire Tariff and the Invertebrate President: A Fable

Anyone still inclined to minimize the meaning of President Obama’s Chinese tire tariff decision should read George Will’s column today.

It is not only the direct costs of this particular decision, which are numerous and tallied in the article (and in this paper), that should concern us. Will’s bigger concern is the foreshadowing of more protectionism from a president who has proven to have no qualms about looking straight into other people’s eyes and claiming that his administration opposes protectionism, favors free trade, and is working to advance pending trade agreements through Congress, all while remaining “invertebrate as he invariably is when organized labor barks.”

Is this a sign of schizophrenia? No, it’s worse. What we have here is a president who views trade policy as nothing more than a tool to advance his own political standing with groups that are hostile to commerce. Since groups on the left have grown disenchanted that some of the most socialist elements of the health care debate might be left on the cutting room floor, why not try to placate them with anti-business, anti-consumer, anti-globalization protectionism? Will makes the link between tire tariffs and the health care debate in his concluding sentence.

A president who fancies himself economically enlightened and internationalist would treat trade policy as a means to promoting economic growth and sound foreign relations. This president, regrettably, views trade policy as a sacrificial pawn in the service of politics as usual.

The Crystal Ball

Some comforting news regarding the Obama administration’s approach to the war in Afghanistan:

Among the alternatives being presented to Mr. Obama is Mr. Biden’s suggestion to revamp the strategy altogether. Instead of increasing troops, officials said, Mr. Biden proposed scaling back the overall American military presence. Rather than trying to protect the Afghan population from the Taliban, American forces would concentrate on strikes against Qaeda cells, primarily in Pakistan, using special forces, Predator missile attacks and other surgical tactics.

I’m an analyst, not a fortune teller, so anyone’s guess is as good as mine as far what course Obama will choose to take in Afghanistan. I will say, however, that I will not be surprised if the president decides to send more troops. For once I actually hope that he listens to Biden.

McCarthy’s World

The NYC/Denver terrorism investigation has Andy McCarthy all riled up.

In this article at National Review, McCarthy says that the risks associated with terrorism require a domestic preventive detention regime where investigators can go to a court with something less than probable cause and detain individuals without charge until they can gather the evidence for an indictment.

This is a pretty bold proposition, given the fact that he lays out in this post on The Corner the power that investigators already have to detain material witnesses while gathering evidence. Not to mention the power to detain allegedly dangerous individuals picked up on relatively minor charges such as lying to federal agents, the current disposition of the NYC/Denver suspects.

Then McCarthy comes full circle in this post, claiming that if this is the fault of a “law enforcement” mindset in counterterrorism, it may be time to consider a domestic intelligence agency akin to Britain’s MI-5. He also blasts the use of non-coercive interrogation “that the Left insists are just as reliable in a ticking-bomb situation as the CIA’s coercive methods.”

There are several problems with this take on domestic counterterrorism.

The first is that the decision to involve a New York imam in the investigation, a step that compromised the operation and forced investigators to make early arrests before all of the co-conspirators could be identified, was made by an intelligence organization, the NYPD’s Intelligence Division. This is not the cops of the Counterterrorism Bureau, the law enforcement officers that work with the FBI in the Joint Terrorism Task Force, but a separate intelligence department run by a former CIA official who is openly hostile to the Bureau. The same type of folks that McCarthy wants to put in charge of domestic counterterrorism.

Second, McCarthy’s plug for coercive interrogation is the path advocated in the early years of the Bush administration. This has the deleterious effect (beyond statutory bans on torture and constitutional rights prohibiting the same) of making anything you get from the “third degree” inadmissible in court. To get around this you would have to ask courts to generate a doctrine that allows for evidence collected as a result of coercive interrogation to be admitted in spite of clear constitutional violations. I don’t see any way that this does not seep into general law enforcement, where any potential future crime justifies beating information or confessions out of suspects. This is rolling back civil liberties a hundred years or so.

Third, a domestic prevention regime is destined to run into the problems that the British encountered in Northern Ireland. IRA detainees that were subjected to “special interrogation techniques” and held without charge staged a hunger strike to protest being treated as criminals instead of detainees; their jailers had taken away their civilian clothes and made them wear prison uniforms. As former FBI Agent and counterterrorism expert Mike German says in his book, Thinking Like a Terrorist:

The reasons for the hunger strike reveal much about the IRA and about terrorists in general. They didn’t strike over the anti-Catholic discrimination that led to the civil rights movement. They didn’t strike over the RUC’s police abuse or the stationing of British troops in Northern Ireland. They didn’t strike over being arrested without charges, interned, and tortured. They didn’t strike over indefinite detentions or even over Bloody Sunday. They knew all those things helped their cause. They went on hunger strike because the British government was going to make them look like criminals.

If you fear Islamic terrorists, let investigators do their job and find the people who would harm the public. This is a problem that will be solved over decades of diligent investigation, sitting on wiretaps, infiltrating cells, and prosecuting dangerous people. Distorting the domestic criminal justice system out of hysteria over potential attacks will make martyrs out of detainees and torture victims and encourage a broader spectrum of people to violence.

Waiter, Cancel That Order of Crow

Ruth Marcus of the Washington Post writes today that she feels compelled to “eat at least a spoonful of crow.”

Her menu selection is driven by her assessment of President Obama’s “education reform” accomplishments to date.

The term “education reform” is meaningless. All it implies is that, in whatever small way, things will be done differently from the way they have been done in the past. Not necessarily better, or worse, just differently. Even the president’s painfully vague campaign message (“Hope and Change”) at least indicated that the sought-after change was supposed to be in a positive direction. “Reform” doesn’t even convey that — let alone giving any indication of the nature, rationale or evidence for the change.

So, yes, the president is “reforming” certain aspects of education. But whether it’s higher-ed, pre-k, or the qualified expansion of charter schools, the new form does not seem noticeably better than the old one.

Breaking: Economics 101 Still in Effect

Dairy farmers are working lobbying hard to ensure they get their hands on more of your money.  Apparently, changes made last year to the Milk Income Loss Contract — mainly to take account of rising feed costs — were not enough to stem the losses.

The Senate recently voted to give the USDA an extra $350 million for dairy farmers’ support. The House left dairy support out of its appropriations bill, so the two chambers are working on the compromise now (prediction: the taxpayer will get screwed).

Here’s an ironic quote from a Brownfield news post yesterday (linked to above). It’s Missouri Dairy Association Chairman Larry Purdom on how to bring prices back up:

“Our feeling is that if [USDA] would buy some cheese and product that’s in storage…hanging over our heads, depressing prices,” Purdom tells Brownfield from his farm at Purdy, Missouri, “we feel like the prices would start moving on their own if we didn’t have this surplus.”

More on U.S. dairy policy here.