Archive for November, 2009

A Pledge Worthy of a Free People

I’ve long criticized having state school officials lead students in a pledge of allegiance to the state. It runs precisely counter to our nation’s founding principles. Michael Lind has gone beyond criticism and proposed an alternative pledge, more fitting to a free people. It’s definitely worth reading.

Of course a free people deserve a free intellectual and education marketplace, in which parents choose their children’s schools without state interference. Those schools, acting in loco parentis, could decide what, if any, pledges their students recite. They could even chose the current one, if that strikes their fancy. That’s what freedom’s all about.

What about K-12, Secretary Duncan?

Speaking to the Association of Public and Land-Grant Universities, education secretary Arne Duncan said that “he would gladly cut federal red tape if institutions, in return, showed greater progress on improving student performance.” So the secretary supports less government intrusion in education if schools show improvement.

Except he doesn’t. Not at the K-12 level, anyway. Because Arne Duncan has advocated a slow death for the DC voucher program that his own Department of Education shows is… wait for it… significantly improving outcomes while getting government out of the business of running schools altogether.

But maybe that’s the problem. Schools work better the smaller the role government plays in them, but that means we don’t really need a secretary of education at all, do we?

HRW: “New Castro, Same Cuba”

Human Rights Watch has just released a lengthy report detailing the constant and blatant abuses of human rights and basic individual freedoms in Cuba under the rule of Raul Castro.

Some hoped that the timid economic reforms announced by the “younger” Castro brother, when he assumed the official leadership of the geriatric regime, would constitute the opening salvos toward a more open and freer Cuba. However, a few of us spotted cracks in that fairy tale early on.

The recent beatings of Yoani Sánchez and other independent bloggers (described here by my colleague Ian Vásquez) are a clear reminder that, in Cuba, it’s business as usual under the Castro brothers’ rule.

Khalid Shaikh Mohammed on Trial

The Council on Foreign Relations’ Steven Simon makes a difficult case, and he makes it well, regarding the Justice Department’s decision to try Khalid Shaikh Mohammed in a civilian court in New York City. I agree with his bottom line:

no trial can provide closure for the traumas of that day. But a judgment in New York, where the greatest suffering was inflicted, will remind us both of the narrow viciousness of the terrorists’ cause and of the enduring strength of our own values.

I say again, this is not an easy case to make, and not just because of the emotions involved. Most people have already made up their mind that 1) KSM is undeserving of such treatment (the same could be said of most mass murderers); 2) that the risks posed to national security by a public trial (including the possibility of an acquittal and the potential disclosure of sensitive information) are not outweighed by the benefits; and 3) that AG Eric Holder made this decision in a haphazard manner, and for all the wrong reasons.

But I think that Simon renders a great service in making Holder’s argument, and, indeed, in making it better than the AG did.

My objectivity can be called into question: Steven has spoken at Cato a few times, and he was and is a participant in our ambitious counterterrorism project. I have enormous respect for his expertise on such matters.  

But I submit that anyone who reads Simon’s op-ed with an open mind must concede at least some of his points, and therefore further conclude that some of the criticisms of the decision are unfair. That does not mean that Simon will ultimately change a lot of minds. One might still conclude that, on balance, the DoJ’s decision was unwise, and that KSM should have been tried by a military tribunal, or merely detained forever. In truth, I was leaning in that direction before I read the piece.

But, on reflection, my confidence in our system of government and in the rule of law leads me to believe that Simon has it right. To the extent that KSM is given a forum for propagandizing on behalf of al Qaeda, the net effect of his rantings will be to remind the entire world that AQ is nothing more than a bunch of self-important, murderous SOBs who kill innocent people.

Nothing more, nothing less.

Human Capital Con?

With President Obama hoping to turn the United States into the world’s greatest diploma mill, and greedy public university leaders shamelessly demanding more of everyone’s tax money, a critical question must be asked: Do more college degrees necessarily mean greater human capital? In a terrific essay, the Pope Center for Higher Education Policy’s George Leef answers with a resounding “no”:

Let’s put it this way: passing a college course no more indicates a human capital gain than just going to a gym indicates an improvement in physical fitness.

To get through college, many students don’t have to become better at reading, at writing, at math, at logic. Sadly, the key consideration at many colleges is not educational excellence or even modest progress, but simply enrolling and collecting tuition from as many students as possible. Therefore, course content has been watered down and expectations lowered so that even the weakest and most disengaged students can pass. As Steve Balch, founder of the National Association of Scholars says, “We don’t so much have higher education these days, as longer education.”

It all comes down to this: Bloviate all they want about the ”common good,” people in higher education are just as self-interested as anyone else, and will do whatever they can to get the most money for doing whatever makes their lives the easiest. And the best way to ensure that this yields the worst possible outcomes for everyone else? Rather than requiring schools and students to earn your money, have government just keep handing it over to them.

‘Big Daddy’ Bob Byrd

As of today, U.S. Senator Robert C. Byrd (D-WV) becomes the longest-serving  member in the history of the U.S. Senate.

To celebrate this milestone, we offer the following video, which pretty well summarizes Byrd’s extremely long tenure in the Senate.  If you ever wanted to know what corruption looks like, here’s your chance.  Be sure to catch what Byrd says at the very end.

That video brings to mind an old folk song that, ironically enough, Byrd himself recorded in 1978:

I went out on a party, I led the pace that kills
When I woke up, that gang had gone and left me all the bills

I found them over on the corner, near Soul Salvation Hall
That drunken bunch was out there singing Jesus Paid It All

They put me out in a dry goods box, Lord, my pillow was hard
I wish I’d  bought me a half a pint and stayed in the wagon yard

The moral of the story? Don’t monkey with them Washington ducks — you’ll find them slick as lard.

Obama and Reagan’s Speeches about Freedom

President Obama spoke to Chinese college students on Monday, as President Ronald Reagan spoke to Moscow State University students in 1988. There were a lot of similarities — both men are great communicators, convinced of the rightness of their views and of their persuasive ability, and confident that their values are not just American but universal. But there were some clear differences in the philosophies they presented.

President Obama was eloquent in his defense of freedom in the heart of an authoritarian country:

The United States, by comparison, is a young nation, whose culture is determined by the many different immigrants who have come to our shores, and by the founding documents that guide our democracy.

America will always speak out for these core principles around the world.   We do not seek to impose any system of government on any other nation, but we also don’t believe that the principles that we stand for are unique to our nation.  These freedoms of expression and worship — of access to information and political participation — we believe are universal rights.

Those documents put forward a simple vision of human affairs, and they enshrine several core principles — that all men and women are created equal, and possess certain fundamental rights; that government should reflect the will of the people and respond to their wishes; that commerce should be open, information freely accessible; and that laws, and not simply men, should guarantee the administration of justice….

Those are important American values, and I agree with the president that they are universal, as classical liberals have long argued. But I’m disappointed that President Obama didn’t cite freedom of enterprise,  property rights, and limited government as American values. Those are not only the necessary conditions for growth and prosperity, they are the necessary foundation for civil liberties.

He did glancingly mention in the paragraph above that “commerce should be open, information freely accessible,” so that’s half a clause about commerce, I guess. But that’s it for the freedoms that allow people to work and save, create, build, invest, and prosper. He noted that “China has lifted hundreds of millions of people out of poverty — an accomplishment unparalleled in human history” but didn’t examine how that happened. (Hint: economic reforms that moved toward free markets and (quasi) property rights.)

His only subsequent mention of freedom touched on economics in the context of citizen participation and the Internet: Read the rest of this post »

How Will the Court Vote on “Incorporating” the Second Amendment?

Yesterday I described the brief Alan Gura filed on behalf of the petitioners challenging Chicago’s gun ban in the Supreme Court — asking the Court to apply the individual right to keep and bear arms to the states.

Late last night, Orin Kerr at the Volokh Conspiracy sketched out his predictions of whether the individual justices would go for Gura’s main argument: that the indefensible Slaughter-House Cases should be overturned and thus that the Court should “incorporate” the rights at issue via the Privileges or Immunities Clause.  (Cato supports this argument, as we’ll show in the brief we’ll be filing next week.) He concludes that Justice Thomas is the only vote available for this claim. According to Orin, the Chief Justice and Justices Scalia and Alito are too enamored with stare decisis to overturn an 1873 precedent, Justice Kennedy isn’t an originalist and likes substantive due process too much, and the other four are too afraid of Lochner and Institute for Justice-style economic liberty arguments to go there.

Read the rest of this post »

Will America Keep “Bending the Productivity Curve”?

Most international comparisons conclude that America’s health care sector under-performs those of other advanced nations.  Aside from other serious flaws, those studies typically ignore each nation’s contribution to medical innovation — the discovery of new knowledge and practices that improve health in all nations. Today, the Cato Institute releases a new study — the most comprehensive study of its kind — that helps fill that void.

In “Bending the Productivity Curve: Why America Leads the World in Medical Innovation,” economist Glen Whitman and physician Raymond Raad conclude that the United States far and away outperforms other nations on medical innovation, but that the legislation moving through Congress threatens America’s ability to innovate.  From the executive summary:

To date…none of the most influential international comparisons have examined the contributions of various countries to the many advances that have improved the productivity of medicine over time…

In three of the four general categories of innovation examined in this paper — basic science, diagnostics, and therapeutics — the United States has contributed more than any other country…In the last category, business models, we lack the data to say whether the United States has been more or less innovative than other nations; innovation in this area appears weak across nations.

In general, Americans tend to receive more new treatments and pay more for them — a fact that is usually regarded as a fault of the American system. That interpretation, if not entirely wrong, is at least incomplete. Rapid adoption and extensive use of new treatments and technologies create an incentive to develop those techniques in the first place. When the United States subsidizes medical innovation, the whole world benefits. That is a virtue of the American system that is not reflected in comparative life expectancy and mortality statistics.

Policymakers should consider the impact of reform proposals on innovation. For example, proposals that increase spending on diagnostics and therapeutics could encourage such innovation. Expanding price controls, government health care programs, and health insurance regulation, on the other hand, could hinder America’s ability to innovate.

Raad will discuss the study this Friday at noon at a policy forum at the Cato Institute.

Government Mail Loses $3.8 Billion

The U.S. Postal Service reported that it lost $3.8 billion last fiscal year and that it expects to lose $7.8 billion this year. The loss occurred despite cost-cutting measures and legislation that allowed the USPS to forgo $4 billion in required payments to pre-fund retiree health benefits.

From the Associated Press:

The post office has been struggling to cope with a decline in mail volume caused by the shift to the Internet as well as the recession that resulted in a drop in advertising and other mail. Total mail volume was 177.1 billion pieces, compared to 202.7 billion pieces in 2008, a decline of almost 13 percent. For the fiscal year that ended Sept. 30 the agency had income of $68.1 billion, $6.8 billion less than in 2008. Expenditures were down $5.9 billion to $71.8 billion.

The recession and the rise in electronic communications are generating huge financial problems for the lumbering government monopoly. Despite its efforts to reduce headcount, the USPS remains overburdened by a costly and heavily unionized workforce. As I noted previously:

The average USPS worker earns $83,000 per year in compensation, which is considerably more than the average U.S. worker. And the Government Accountability Office recently noted that ‘compensation and benefits constitute close to 80 percent of USPS’s costs — a percentage that has remained similar over the years despite major advances in technology and the automation of postal operations.’

Radical reform is needed, but I suspect that Congress will just paper over the problems for now and also continue allowing the agency to defer funding its retirement obligations:

The post office is required to make an annual contribution of about $5 billion to pay in advance for medical benefits for future retirees. Congress reduced that by $4 billion for 2009, but that change was for one year only. The agency’s independent auditor, Ernst & Young, questioned whether the post office would have enough money to make the next payment on Sept. 30, 2010, when $5.5 billion will be due.

This will just kick the can down the road. It shows that even when Congress gets something right — as it did with making the USPS pre-fund its retiree health benefits — it lacks the will to see it through when the going gets tough. Meanwhile, the Europeans continue to make progress toward deregulating their national postal services and allowing for competition. Unfortunately, it seems that Congress only looks to Europe for guidance on expanding the welfare state.

Beyond Parody

A former soldier in England has been arrested and convicted (and may even go to jail for five years) because he found a gun in his yard and he turned it over to the police. I presume this is in part a reflection of the anti-gun ideology embedded in UK law, but don’t prosecutors and judges have even a shred of discretion to avoid foolish prosecutions and/or protect innocent people from absurd charges? Here is the news report:

A former soldier who handed a discarded shotgun in to police faces at least five years imprisonment for “doing his duty”. Paul Clarke, 27, was found guilty of possessing a firearm at Guildford Crown Court on Tuesday – after finding the gun and handing it personally to police officers on March 20 this year. The jury took 20 minutes to make its conviction, and Mr Clarke now faces a minimum of five year’s imprisonment for handing in the weapon. In a statement read out in court, Mr Clarke said: “I didn’t think for one moment I would be arrested.”

… The court heard how Mr Clarke was on the balcony of his home in Nailsworth Crescent, Merstham, when he spotted a black bin liner at the bottom of his garden. In his statement, he said: “I took it indoors and inside found a shorn-off shotgun and two cartridges. “I didn’t know what to do, so the next morning I rang the Chief Superintendent, Adrian Harper, and asked if I could pop in and see him. “At the police station, I took the gun out of the bag and placed it on the table so it was pointing towards the wall.” Mr Clarke was then arrested immediately for possession of a firearm at Reigate police station, and taken to the cells.

… Prosecuting, Brian Stalk, explained to the jury that possession of a firearm was a “strict liability” charge – therefore Mr Clarke’s allegedly honest intent was irrelevant. Just by having the gun in his possession he was guilty of the charge, and has no defence in law against it, he added.

… Judge Christopher Critchlow said: “This is an unusual case, but in law there is no dispute that Mr Clarke has no defence to this charge. “The intention of anybody possessing a firearm is irrelevant.”

Don’t Worry, Onion. The Feds Have This Education Crisis Covered!

Today, crack Center for Educational Freedom research assistant Ian Hinsdale alerted me to an Onion News Network program on which panelists decried Americans’ shocking ignorance about whales, a problem the experts agreed, for the most part, started in the schools. Toward the end of the segment one of the panelists spoke a little whale, but she hadn’t learned it in her whale-studies deficient, inner-city K-12 schools. No, she had to learn it in adult school, illustrating how severely we’ve shortchanged so many of our students. And don’t think for a minute that whale ignorance is confined to low-income schools…

Now, you might think this was a joke – ONN does sometimes do a parody or two. But this segment could not have been more serious. How do I know? Because the federal government really does have a multi-million dollar, whale-based education initiative: The Historic Whaling and Trading Partners Exchange Program. And if the feds have a program for something the problem must be real, and it must be serious!

Ilwhaleracy, quite simply, threatens the future of our nation — consider just the potential devastation on our economic competitiveness with Atlantis! – and I for one am glad to see Washington tackling the threat head on!