Senate Vote on Rand Paul’s Budget
Last week, a motion to proceed on a budget resolution introduced by Sen. Rand Paul (R-KY) was decisively defeated in the Senate (7 in favor, 90 opposed). Paul’s proposal would have balanced the budget in five years (fiscal year 2016) through spending cuts and no tax increases. Social Security and Medicare would not have been altered. Instead, the proposal merely instructed relevant congressional committees to enact reforms that would achieve “solvency” over a 75-year window.
That’s hardly radical.
Paul’s proposed spending cuts were certainly bold by Washington’s standards, but they weren’t radical either. For example, military spending would have been cut, in part, by reducing the government’s bootprint abroad. From the Paul proposal:
The ability to utilize our immense air and sea power, to be anywhere in the world in a relatively short amount of time, no longer justifies our expanded presence in the world. This budget would require the Department of Defense to begin realigning the over 750 confirmed military installations around the world. It would also require the countries that we assist to begin providing more funding to their own defense. European, Asian, and Middle Eastern countries have little incentive to increase their own military budgets, or take control of regional security, when the U.S. has consistently subsidized their protection.
Over 750 confirmed military installations around the world. That’s enough to make a Roman emperor blush. Isn’t continuing to go deeper into debt to subsidize the defense of rich allies the more “radical” position? (See these Cato essays for more on downsizing the Department of Defense.)
Other cuts included eliminating the Department of Housing & Urban Development, the Department of Energy, and most of the Department of Education. But unlike most Republicans, Paul didn’t apologize for the cuts or use the debt dilemma as a cop out. Instead, he explains in his plan why these federal activities are counterproductive and should be devolved to the states or left to the private sector.
It’s disappointing that Paul could only get seven Republicans and no Democrats to support his budget. For all the bluster about needing to cut spending, not raise taxes, and stop the Obama administration’s big government agenda, most Republican senators said “no dice” when given the chance to vote in favor of a plan that would accomplish all three objectives and balance the budget in five years.
UPDATE: Liu Cloture Fails
This morning I outlined the stakes of today’s seminal cloture vote on Goodwin’s Liu’s nomination to the Ninth Circuit. Well, now we have a result: cloture failed 52-43, with Senator Ben Nelson (D-NE) joining all voting Republicans except Lisa Murkowski (R-AK) against cloture. Three Republicans plus Max Baucus (D-MT) were absent, while Orrin Hatch (R-UT) voted present because of his previous strong position against filibusters.
This is the first judicial nominee filibustered since the Gang of 14 brokered an agreement on President Bush’s nominees in 2005, forestalling then-Senate Majority Leader Bill Frist’s use of the so-called nuclear option (changing Senate rules to eliminate the judicial filibuster). That agreement, to the extent it’s even still valid given the changed composition of the Senate (and with five of the 14 Gang members no longer in the Senate), allowed filibusters only in “extraordinary circumstances,” leaving that term undefined.
And so we may have just have witnessed the re-ignition of the war over judicial nominees. Stay tuned as to whether today’s vote will come to signify the “Water-Liu”—h/t Walter Olson—for one party or another, or for our judiciary.
Rand Paul’s Balanced Budget Plan
Sen. Rand Paul (R-KY) has released a detailed plan that would balance the federal budget in five years. Paul’s plan would achieve balance by halting and reversing the historic rise in federal spending. Taxes would not be increased, but revenues would steadily increase as the economy recovers.
The following charts compare Paul’s plan versus President Obama’s recent budget submission for fiscal 2012:


While Obama intends to continue spending at a historically high level, Paul would reduce spending as a share of the economy. Paul takes the scalpel to all areas of federal spending, including discretionary, defense, and mandatory. However, it is not a radical plan. In fact, it’s a practical, common sense budget that recognizes that the federal government’s growth has become unsustainable, and thus a threat to our economic well-being and future living standards.
This Should Make You Nervous
From today’s edition of Farmpolicy.com:
The American Farm Bureau Federation, the National Cattlemen’s Beef Association, and the American Sugar Alliance all recently expressed delight that Kansas GOP Senator Pat Roberts will be the new Ranking Member of the Senate Agriculture Committee.
Not a Good Week for Obamacare
It has not been a good week for Obamacare. Another court ruled that the bill was unconstitutional, while it took a party-line vote in the U.S. Senate to avoid a legislative repeal. Meanwhile, chipping away at the legislation began, with the Senate voting to repeal one of the bill’s most unpopular provisions, a requirement that businesses file 1099 tax forms on even small purchases. Supporters of the bill are bailing as fast as they can, but the ship is sinking rapidly.
New Attack Ad Provides an Early Look at the Fall Campaign
The Jack Conway for Senator campaign has run an attack ad on The New Republic website disguised as an article about Rand Paul by one of the magazine’s interns. The tipoff is the word “radical” which appears five times in a short article along with “eccentric,” “unconventional” and similar words. (Doesn’t TNR bother to edit the web-only stuff?) Yeah, yeah, you’re saying by the end of the article, I get it: Paul is a radical, weirdo libertarian.
The evidence so far suggests that the Conway for Senate campaign seeks to paint Paul as an extremist while Jack, of course, is a moderate who will provide plenty of pork and don’t worry about the debt. Like most Democrats, Conway is facing a tough electorate this year, and he is responding by the party’s political playbook: demonize, mobilize, and spend. He will have adequate funds to pursue that strategy along with more than a little help from affiliated outside groups like TNR.
Parts of the article provide a useful political analysis of Kentucky’s different regions, presumably provided by the Conway campaign. So the article does offer a look into how Conway thinks he can win this.
Our intern concludes that the Conway-Paul race “is suddenly a close race.” It is true that a survey at the end of June, cited by TNR, indicated an even division. But the article appeared on August 4, and three polls in July showed Paul up by 3 to 9 points, the last one having Paul over fifty percent for the first time. That most recent poll also indicated that Paul had the support of one-quarter of Democrats and two-thirds of independents in the state.
With TNR flailing around like this, the Conway campaign seems pretty desperate pretty early.
Is the Senate Broken?
Drawing on a New Yorker article by George Packer, Politico Arena today asks:
Is the Senate broken?
Should the upper chamber operate more like the House, where majority rules?
My response:
Some people believe that the Senate is “broken” when it doesn’t pass new government programs promptly and without extended debate. But we have two houses of Congress for a reason. The Founders expected the House to be subject to momentary passions, and they intended the Senate to be more cautious, prudent, and resistant to “rushing to judgment.” As George Washington supposedly said, “we pour legislation into the senatorial saucer to cool it.” When the Senate deliberates at length, when it resists the pressure of the White House, the House, and even public opinion, it isn’t “broken”; it is fulfilling its intended function.
Of course, it should be noted that when senators in the past two years have had doubts about the health care overhaul and energy taxes, they weren’t resisting public opinion; they were actually reflecting public opinion, while the House acted as a partisan body in defiance of polls.
Of course there are double standards in talking about filibusters and the like, as I pointed out back in 2005:
Both Democrats and Republicans have flip-flopped on the use of the filibuster because the once solidly Democratic Senate now looks to be firmly Republican.
Republicans who once extolled the virtues of divided power and the Senate’s role in slowing down the rush to judgment now demand an end to delays in approving President Bush’s judicial nominees. President Bush says the Democrats’ “obstructionist tactics are unprecedented, unfair, and unfaithful to the Senate’s constitutional responsibility to vote on judicial nominees.”
Democrats who now wax eloquent about a “rubber stamp of dictatorship” replacing “the rights to dissent, to unlimited debate and to freedom of speech” in the Senate not too long ago sought to eliminate the filibuster altogether.
Now Democrats are back in the majority, and both parties have tended to shift their view of the filibuster yet again. In the long run, though, establishmentarians like the New Yorker’s George Packer think that the purpose of government is to pass new laws, regulations, and programs; and they complain when the Senate or any other institution stands in the way of such putative progress. Those of us who prefer liberty, limited government, and federalism appreciate the constitutional and traditional mechanisms that slow down the rush to legislation.
What Is a ‘Strong’ Defense?
The good people at the Stimson Center’s Budget Insight blog invited me to contribute a guest post discussing the Sustainable Defense Task Force report Debt, Deficits, & Defense: A Way Forward. Here’s an excerpt:
The most common response [to the report] has been some sympathy for our argument that military spending should be subjected to the same scrutiny that should be applied to other government spending. There are still a fair number of people, however, who share our concern about the deficit, but who counter “But I want a strong defense.”
Who doesn’t?
The task force report was written with a single consideration in mind: in what ways, and where, could we make cuts in military spending that would not undermine U.S. security?
[...]
A leading conservative in the Senate, Tom Coburn (R-OK) wrote that the deficit reduction commission “affords us an opportunity to start some very late due diligence on national defense spending… [as well as] reduce wasteful, unnecessary, and duplicative defense spending that does nothing to make our nation safe.”
Read the rest here.
Will Specter Vote Against Kagan?
I agree with Jillian Bandes’s characterization of the Democrats’ “bottom of the order” questioning (the committee being stacked 12-7, the day began with the junior Dems) and indeed was dreading having to sit through all sorts of parochial bloviations. Even Al Franken wasn’t too exciting, just making the point Justice Kennedy was wrong not to consider in legislative history in arbitration cases and expounding at length on the theme that money in politics is bad and so therefore was Citizens United. Kagan responded that “Congress’s intent is the only thing that matters [to statutory interpretation]”—a position sure to infuriate her future would-be colleague Justice Scalia—but also that the Court “should not re-write the law,” instead allowing Congress to correct unsatisfying judgments based on flawed legislative draftsmanship. From this exchange I didn’t learn much about Kagan but did conclude that I wouldn’t ever vote for Franken for anything, except maybe the People’s Choice Awards should he ever return to show business.
The most memorable part of today’s first session of questioning (9am till after 1pm) was undoubtedly Arlen Specter pressing the nominee to answer questions about various lawsuits of special concern to him and which he detailed in several letters to Kagan about the questions he would ask. One was a Holocaust survivors’ suit, one was by families of the victims of 9/11, and one regarded the Bush-era Terrorist Surveillance Program. The first is at the cert petition stage before the Supreme Court, in the second Kagan as SG recommended that the Court deny review, and the third eventually will be seeking review of the lower court’s dismissal on standing grounds. Kagan agreed that standing and other jurisdictional doctrines are important but would not discuss whether she would vote that the Court hear the cases or reverse the lower-court decisions. Kagan pushed back repeatedly, saying “you wouldn’t want a judge who says she will reverse a decision without reading the briefs and hearing argument.” Specter was extremely dissatisfied, to the point where his vote is legitimately in doubt. Indeed, I would say now that Lindsey Graham is much more likely to vote for Kagan than Specter is. Of course, Specter had voted against Kagan when she was nominated to be solicitor general last year—but he was a Republican at the time.
CP at Townhall
Should We Break Up the Banks?
When it comes to banking policy, there are few people I respect more than Jonathan Macey and Arnold Kling; so when these two, independently, argue that we should be breaking up the largest banks, it is idea that merits consideration. Yet I still have my doubts.
First, lets start with what we are fairly certain of. There is a large empirical literature that suggest most US mega-banks are beyond their efficient size. There is a good survey of the literature by former Fed Economist Allen Berger . So, at a minimum, the academic literature suggests the largest banks are beyond a size that is justified by the social benefits.
However, there is also a small literature that suggests more concentrated banking systems are more stable, and less prone to crisis. Some of this literature has grown out of research efforts by the World Bank. While this literature is largely cross-country comparisons, recalling our own banking history gives several examples - the savings & loan crisis, the mass of small banks failures in the 1920s and 1930s, and current day Georgia – where lots of small bank failures have been associated with significant economic damage. So, at minimum, there is some question of whether breaking up the largest banks would give us a more stable, less crisis-prone system. In fact, there is considerable evidence to suggest that breaking up the banks would make our financial system more fragile.
To some extent, the debate over breaking up the large banks is about reducing political power. The argument is that, because of their vast resources, these large banks unduly influence and capture our political system. Undoubtedly, I believe the largest banks have substantial influence over both our legislative and regulatory systems. However, so do smaller banks. From my seven years as staff on the Senate Banking Committee, I would definitely argue that the Independent Community Banks Association (ICBA), as a group, has far more pull than does say Bank of America, as a single company. One need only witness the various exemptions for small banks in the Dodd bill, for instance from the consumer protection bureau, to illustrate the lobbying power of small bankers. One could also argue that the economic history of progressive era legislation, like the Sherman Act, is one of smaller, organized interests winning against larger sized firms. Despite its appeal, the assertion that bigger is always better in politics is just an assertion. Yet this is at heart an empirical argument, and perhaps one that can be tested. Until then, I still have my doubts.
Ms. Weaver Goes to Washington
Today in Washington: actress Sigourney Weaver testifies before the Subcommittee on Oceans, Atmosphere, Fisheries, and Coast Guard of the Senate Committee on Commerce, Science and Transportation Committee on the topic of ocean acidification. Because, you know, she played an environmental scientist in Avatar. It’s the best fit since Jane Fonda, Jessica Lange, and Sissy Spacek — all of whom had played farm women — testified on America’s agricultural crisis.
Congress doesn’t have time to vote on presidential nominations. It doesn’t bother engaging in serious oversight of presidential power and civil liberties abuses. It looks at the ceiling and whistles as the national debt approaches Greek levels. But members of Congress have time to listen to an actress discuss the topic of ocean acidification.
This seems like a topic for “Really!?! with Seth and Amy” on Saturday Night Live. Really, Senate Commerce Committee? You think Sigourney Weaver has important information that you need to know? Really? And you’re not just doing this to get yourselves on television? Really!?! And you think the most important thing members of Congress could be doing today is getting their pictures taken with Sigourney Weaver? Really!?!
Of course, this is not just a one-day thing for Sigourney Weaver. She also traveled this month to Brazil to try to stop the construction of a dam. Because who would know better than a Hollywood-Manhattan actress how to make tradeoffs between energy needs and environmental risks in Brazil?
Now let me just say that I’m not arguing that ocean acidification isn’t an important topic. And I’m not criticizing Avatar or its defense of property rights. I’m just questioning whether Sigourney Weaver, Sissy Spacek, Jeff Daniels, Nick Jonas, and the Backstreet Boys have the kind of expertise that Congress ought to draw on in deciding how to run my life. Or then again, maybe planning the economy and running other people’s lives is farce at best, and Congress should just hold hearings with Will Ferrell and John Cleese.
Obama’s Populism a Hoax: ObamaCare Is a Sop to Big PhRMA
From the invaluable Tim Carney:
The Obama team regularly dismisses opponents as industry lackeys. The Democratic National Committee blasted out e-mails this week warning that “for every member of Congress, there are eight anti-reform lobbyists swarming Capitol Hill” and “Congress is under attack from insurance lobbyists.”
But drug industry lobbyists, according to Politico, spent the weekend “huddled with Democratic staffers” who needed the drug lobby to “sign off” on proposals before moving ahead. Meanwhile, we learn that the drug lobby is buying millions of dollars of ads in 43 districts where a Democratic candidate stands to suffer for supporting the bill. The doctors’ lobby and the hospitals’ lobby are also on board with the Senate bill.
So the battle at this point is not reformers versus industry, as Obama would have you believe. Rather, it is a battle between most of the health care industry and the insurance companies.
(And the insurers are not opposed to the whole package. On the bill’s central planks — limits on price discrimination, outlawing exclusions for pre-existing conditions, a mandate that employers insure their workers and a mandate that everyone hold insurance — insurers are on board. They object mostly that the penalty is too small for violating the individual mandate.)

