Archive for January, 2010

Judicial Activism

Friday, January 29th, 2010

Democrats vs. The Supreme Court

“Democrats say Alito crossed the line when he mouthed the words ‘not true’ during President Barack Obama’s speech Wednesday night.”

First of all, it’s the President who was out of line. It’s fine if he wants to disagree with the decision but whipping the US Congress into a frenzy and attempting to belittle Justices on the court during the State of the Union address in front of a national audience is disgraceful. It’s playground populism. This is how little kids behave when one of them does something objectionable on the playground. You might expect it from Hugo Chavez, certainly not Barack Obama. Besides, Obama calls him out in front of a national audience while he’s on a podium making a speech and Alito is supposed to just sit there and take it without even daring to mutter to himself? Give me a break.

Second, it’s ironic to find the nation’s first black President deriding the Supreme Court for overturning a century of law. That’s exactly what the court did in Brown vs. the Board of Education in 1954. The court upended years of precedent, the will of Congress and the will of the people.

And speaking of the will of the people, how do these Democrats feel about Perry vs. Schwarzenegger? The plaintiffs of this case will ask the court to throw out a direct referendum by the people of California. If they agree, would you call that judicial activism? Isn’t that the court interfering with the will of the majority - in an individual state no less?

The court was right to ditch campaign finance reform and they will be right to ditch Proposition 8 as well. Democracy cannot trump the Constitution.

Obarchy

Wednesday, January 27th, 2010

It’s like I’m sittin here playin cards with my brother’s kids…

“I think the fading of the public option from the Senate bill really hurt the Democrats’ prospects in the Senate [race], because they were seen as following the typical pattern of tax and spend and caving to insurance companies.

HA HA HA HA HA HA HA HA HA HA!!!! (Excuse me while I clean the coffee off my monitor).

Are you kidding me? What planet do these people live on? Wait, here’s Congressman Polis’ rationale for that hilarious statement:

“The night of the Massachusetts election, three liberal groups — Progressive Change Campaign Committee, Democracy for America and MoveOn.org — paid for a poll of a thousand people who voted for Obama in 2008 and either switched to support Republican Scott Brown for Senate or didn’t vote. It was conducted by Research 2000.

More than 80 percent of both groups favored a public option.

The poll also upended the conventional understanding of health care’s role in the election. A plurality of people who switched to Brown — 48 — or didn’t vote — 43 — said that they opposed the Senate health care bill. But the poll dug deeper and asked people why they opposed it. Among those Brown voters, 23 percent thought it went ‘too far’ — but 36 percent thought it didn’t go far enough and 41 percent said they weren’t sure why they opposed it.”

That’s what I always do when I want to know what the average American thinks. I hire a bunch of hippies to poll 1000 “random” voters in Massachusetts and then publish the results in the Huffington Post. Will there be any Democrats left in 2012? That may be appealing to many on the right but quite frankly, I’m rooting for the return of Gridlock Congress. The more partisan, the less they can do to us. After a full year of Obarchy, the only silver lining is that Obama, Reid and Pelosi have been stunningly ineffective. Even so, a mere 3 months of actual legislating has probably set the Republic back a good 10 years.

And I know Democrats are funny but do we really want a massive shift to Republican power? I can just picture the Republicans with the power the Democrats currently have: federal raids on local strip clubs, 24 hours of Sesame Street and the 700 Club on every cable television channel, James Hetfield in federal prison for dropping F bombs on stage, naked strip searches to get on community buses, free wiretap installation with every cell phone contract, Keith Olberman and Rachel Maddow sent to a top secret CIA black prison in Lithuania, an invasion of the Amsterdam red light district to crack down on the drug problem, mandatory open carry gun laws for all children over the age of 5 in public elementary schools… No thanks. Right now, the Democrats are like the New England Patriots in Super Bowl XX. They suck so bad, you almost feel obligated to root for them just so the game will be interesting.

Let’s hope they don’t do this. The results would be frightful for the economy but also, we still want to have some Democrats left to kick around when the Obama years are all said and done. A divided Congress and a weak Republican president - what more could anyone ask for? Come on Democrats! Make it so!

Get Rid of the Damned Idealists

Friday, January 22nd, 2010

Yesterday I thought Obama was headed in the right direction regarding the banks. But today, I saw this comment on the front page of the Wall Street Journal from White House Economist Austan Goolsbee:

“The key issue is that institutions that are getting a backstop from the taxpayer shouldn’t be able to make a profit off their own investing.”

This is why Wall Street won’t warm up to this administration. Obama has appointed too many people who are just plain hostile to free markets. It’s one thing to discuss sensible banking reforms that will protect the investments of taxpayers and banking customers. It’s quite another to villify profit making altogether. Government’s role in a free market economy is to strike the proper balance between protecting the private individual from abuse by institutions and preserving the freedom of private businesses to exist, expand and yes… pursue profits. Theodore Roosevelt understood this balance and clearly articulated it:

“We should be false to the historic principles of our government if we discriminated, either by legislation or administration, either for or against a man because of either his wealth or his poverty. There is no proper place in our society either for the rich man who uses the power conferred by his riches to enable him to oppress and wrong his neighbors, nor yet for the demagogic agitator who, instead of attacking abuses as all abuses should be attacked wherever found, attacks property, attacks prosperity, attacks men of wealth, as such, whether they be good or bad, attacks corporations whether they do well or ill, and seeks, in a spirit of ignorant rancor, to overthrow the very foundations upon which rests our national well-being.”

Barack Obama would do well to stick with the Paul Volckers and Timothy Geithners of the world and jettison populist partisan agitators like Goolsbee. Banking reform is an extraordinarily sensitive subject especially in the current economic climate. If Wall Street loses faith in the President, everyone loses - including the President.

Regulating the Banks

Thursday, January 21st, 2010

Finally something half way respectable.

“When you see more and more of the financial sector basically churning transactions and engaging in reckless speculation and obscuring underlying risks in a way that makes a few people obscene amounts of money but doesn’t add value to the economy — and in fact puts the entire economy at enormous risk — then something’s got to change.”

I think what’s so angering about Obama is the extraordinary nerve and hypocrisy that he exhibits on almost a daily basis. This guy has been President for a year and was a member of Congress before that. The federal government is by far and away the most irresponsible financial institution in this country. Leave aside the astounding waste and debt that this President alone has already initiated in his short period in office so far. The federal government enacted the regulatory reforms that allowed this to happen on Wall Street. Much more importantly, it was Obama’s wing of the Democratic party that triggered what he calls “reckless speculation” in the first place by bullying banks to ease lending restrictions on people who could not possibly pay back the debt they incurred.

Barney Frank, Nancy Pelosi, Chris Dodd, Bill Clinton, John Edwards… what are these people, paupers? They’re the fattest of fat cats. For Obama to stand there and lecture banks on “reckless speculation” is extraordinary. It’s like Tiger Woods giving marriage counseling advice. How about a little dose of humilty Barack?

Nevertheless… Some of these reforms should be supported by Republicans - however difficult the populist lecture is for them to swallow:

“‘The better answer is to modernize the regulatory framework and not take the industry and the economy back to the 1930s,’ said Scott Talbott, chief lobbyist for the Financial Services Roundtable, an industry group that represents large Wall Street institutions.”

Yeah, wouldn’t they love that? I’m pretty sure that’s what they called it when they abolished the regulations that led to this crash in the first place. Sorry pal, you’re wrong. Obama is right to try and reign in the gargantuan size of these financial institutions and specifically, he’s right to support Volcker’s restriction on proprietary trading. All of this populist nonsense about limiting executive pay and taxing the banks is garbage but serious, bi-partisan regulatory reform is the only way we’re going to fix what was broken over the last decade. It may already be too late.

It’s The Government Stupid

Thursday, January 21st, 2010

Stop!

“In a year of hopping from crisis to crisis, he told ABC News, ‘we lost some of that sense of speaking directly to the American people about what their core values are and why we have to make sure those institutions are matching up with those values.’”

If Democrats were running a business, their entire leadership team would be focused on the marketing department. Listen to the comments they are making. We didn’t couch the message properly, we didn’t make the argument early enough, we didn’t tell the people what their core values are, we haven’t properly explained ourselves, we haven’t demonstrated our commitment to jobs. Meanwhile, they’re selling a turd.

They can’t get out of campaign mode. Campaigns are about messages and story lines and ideas. Governance is about action. American governance more specifically is about inaction. This is what is confusing Democrats (and most Republicans for that matter). The Economist, bemoaning the inability of this administration to get much done, recently noted “The titanic struggle (for health care) has shown American democracy in a dim light.”

Sorry, no. It shows American democracy in precisely the correct light and it demonstrates why America’s government is still the best one on earth. Democracy is the will of the people. In America - Europe seems to need constant reminding - this is only part of the equation. The Economist identified four key examples of American “dysfunctional” politics: “The undemocratic Senate … Extreme partisanship … Lobbying … Pork.”

All of these - even pork - are necessary components of American government. Why was the United States Constitution such a successful endeavor? Generally, we assume that the Founders intended it to be that way. This is a half truth. The rest of the story and the key to American success right from the start was actually the polar opposite: none of them intended what they got. Nobody won. Every one of them from Madison to Hamilton could and did complain about what they considered to be shortcomings of the document.

It’s not just about compromise. That’s the old history 101 story and people mistake it. The term “compromise” focuses on the action side of the story. What you miss if you aren’t paying attention is the inaction. Therein lies the beauty of American government: the continual thwarting of action. The restraint, the prevention, the obstruction of swift government action. This is what stands between Americans and tyranny.

Obama often notes how many times America has tried to pass health care. He’s obsessed with how hard past politicians have worked only to come up short and he’s convinced that this time, “we” are “ready” for “meaningful health care reform.” It’s like the creep who keeps calling and calling and calling and hoping that eventually the person on the other end who keeps deleting his voice mails will change their mind.

How many times do we have to beat this thing? It’s like Frankenstein. How many times do the people have to stand up and say “Shut up and leave us alone!” before they get the message? They’re so busy trying to give us their message that they fail - perpetually - to hear ours.

“Maybe if we just explain it this way…” No! You’re not listening Washington. We don’t want this piece of garbage. Sure, Americans would like to see some basic reforms in their health care system, but it’s abundantly clear that Washington is incapable of providing them. This titanic monstrosity of bureaucracy, regulations, bribes, payoffs and spending bears no resemblance to what Americans want. Stop trying to make history. Stop looking to build consensus and pay attention to the consensus that already exists: CEASE FIRE! How many times must the people defeat this before Washington gets our message?

Reagan Wins Moscow!

Wednesday, January 20th, 2010

Republicans Liberate Massachusetts

Well, I didn’t see that coming. It’s abundantly clear that the people in this country are angry about Obama’s leftward governance but a Republican in the People’s Republic of Massachusetts? It seems ridiculous.

Republicans had best tread lightly here. Mid term elections are historically bad for sitting Presidents but this is not a midterm election, it’s only one year into this guy’s term. It’s sort of like rifling through your entire play book by the end of the first quarter. There are still three quarters of football left to play.

Americans though are seriously disillusioned - especially those who thought Obama represented actual change. They’re like the guy who tries to meet girls at a strip club and then gets disappointed when the phone number he got dials the local laundromat. Real trans-formative leaders are extraordinarily rare. So far Obama is not one.

Perhaps he actually governs from the center that he campaigned from in the general election now. The problem - as I said way back during the election - is that the radical left wing of his own party will not permit this. For example, they’d rather scuttle the entire health care bill than push one through that really does make a difference. Listen to Bob Shrum try to convince centrist Democrats who won’t be fooled:

“If they walk away, they will jeopardize themselves to a much greater extent than the jeopardy they face if they stand together, get health care done, and move on to jobs.”

Take one for the team guys. This is our last chance to ram through this radical left wing agenda before America throws us all out. Grease the union leaders, explode the debt, empower the health zealots and bankrupt the taxpayers while you still have a chance. More stubborn ignorance from Kathleen Kennedy Townsend on Larry King last night:

“I think you have to remember that the health care industry has spent over 100 million dollars against health care reform. So when people say health care reform, they’ve been confused. It’s been what is this, what is that? It’s big government. But when you ask them, do you want to have — get rid of preexisting conditions? Do you want to have affordability? Do you want to carry health care when you lose your job? They liked it.”

Yes, evil big business is spending millions of dollars to confuse the mob. Nobody is spending any money to promote this health care bill. And Americans are too dumb to see through it.

I’d like a 2 million dollar mansion on the water with a private helicopter and a swimming pool but if a guy on the street hands me a brochure saying he knows a secret and easy way to get it for me if I just pay him $250 for a set of CD’s, I know better than to believe him. That is where the American people have arrived on health care. Sure, they want a lot of the things Townsend mentions and Obama promised during his campaign. But perhaps they have finally realized that spending gazillions of taxpayer dollars to destroy private markets and empower corrupt unions and big government is not really the best way to get there. Too bad they didn’t see that a year ago.

George F. Will

Thursday, January 14th, 2010

With his usual eloquence Will clarifies the difference between actual conservatism (I call this true liberalism) and various brands of populism masquerading as conservatism. It’s not about the type of government or who wields the power of government. It’s about the role of government:

Liberty

“Judicial review — let us be candid: judicial supervision of democracy — troubles people who believe, mistakenly, that the Constitution’s primary purpose is simply to provide the institutional architecture for democracy. Such people believe that having government by popular sovereignty is generally much more important than what government does; hence courts should be broadly deferential to preferences expressed democratically. This is the doctrine of those conservatives who deplore, often with more vigor than precision, “judicial activism.”

More truly conservative conservatives take their bearings from the proposition that government’s primary purpose is not to organize the fulfillment of majority preferences but to protect pre-existing rights of the individual — basically, liberty. These conservatives favor judicial activism understood as unflinching performance of the courts’ role in that protection.

That role includes disapproving congressional encroachments on liberty that are not exercises of enumerated powers. This obligatory engagement with the Constitution’s text and logic supersedes any obligation to be deferential toward the actions of government merely because they reflect popular sovereignty.

The latter kind of conservatives are more truly conservative than the former kind because they have stronger principles for resisting the conscription of individuals, at a cost of diminished liberty, into government’s collective projects. So a constitutional challenge to the mandate serves two purposes: It defies a pernicious idea and clarifies conservatism.”

Take That Evil Fat Cats

Wednesday, January 13th, 2010

That’ll show ‘em

“Michigan Representative David Camp, the top Republican on the Ways and Means Committee, said while he and other Republicans find bonuses being paid by banks that got bailouts ‘irresponsible’ and ‘outrageous,’ they are concerned that taxing banks will hurt lending, and thus job creation.

Still, he said, the proposal puts Republicans in a box.”

That’s because Republicans and the public are foolish. The banks will absorb the cost and pass on the tax to consumers. Businesses do not pay taxes, consumers do. This should be fairly easy for Republicans to explain. Unfortunately, politicians and voters are like cavemen. “Bankers bad! Give tax! Take evil money from fat cats! Booga!” Meanwhile, the banks will shrug it off like a mild hangover, downsize a few employees and the cost for average citizens to do their banking will rise.

Here’s another great quote from the brilliant Obama team :

“’They’ve had a year to figure out how they wanted to participate in the nation’s recovery and they don’t somehow seem to have gotten that message,’ said Anita Dunn, former White House communications director.”

So let’s take more of their money! That will make them lend. Where does Obama find these rocket scientists?

Obama and the Democrats have spent way too much money. Despite this spending spree (and partially because of it), the economy continues to tank. Tax revenues are dwindling. The debt is increasing faster than the universe is expanding. He can’t raise taxes because the public will notice and get angry. But what if he could somehow make it look like he was sticking it to the “fat cat” bankers while actually passing a hidden, regressive tax onto the poor and middle class? Bingo.

Power and Freedom

Wednesday, January 6th, 2010

“The Italian tragedy, in my opinion, had its beginnings in August 1939, when, having gone to Salzburg on my own initiative, I suddenly found myself face to face with the cynical German determination to provoke the conflict. The alliance had been signed in May. I had always been opposed to it, and for a long time I had so contrived that the persistent German offers were allowed to drift. There was no reason whatever, in my opinion, for us to be bound in life and death to the destiny of Nazi Germany. Instead, I was in favor of a policy of collaboration, for in our geographical situation we are bound to detest the eighty million Germans, burtally set in the heart of Europe, but we cannot ignore them. The decision to conclude the alliance was taken by Mussolini, suddenly, while I was in Milan with von Ribbentrop. Some American newspapers had reported that the Lombard metropolis was proof of the diminished personal prestige of Mussolini.

Hence his wrath. I received by telephone the most peremptory orders to accede to the German demands for an alliance, which for more than a year I had left in a state of suspense and had thought of leaving there for a much longer time. So ‘The Pact of Steel’ was born. A decision that has had such a sinister influence upon the entire life and future of the Italian people is due entirely to the spiteful reaction of a dictator to the irresponsible and valueless utterances of foreign journalists.”
- Count Galeazzo Ciano, Italian Minister of Foreign Affairs, December 23, 1943, Cell 27 of the Verona Jail

There are two central concepts to this blog: individual liberty and restraint of power. These two concepts are inextricably bound as the former cannot possibly exist without the latter. As organized power grows and devolves into the hands of fewer individuals or groups of people, personal freedom declines. It makes no difference how intelligent, beneficent or well-meaning those individuals may be. Power does not leave room for freedom. Period.

Ciano touches on an important demonstration of this as he writes his last passage before being executed by his ruthless Nazi captors. The entire fate of Italy and the consequences of that fate not only for the Italian people but for the world at large in the 1930’s and 40’s rested almost soley in the hands of a single human being. No other person had either the will or the ability to stop him. The fate of millions rested on the arrogant whims and jealous emotions of a flawed individual. It can be pointed out of course that the individual responsible for the decision - Benito Mussolini - was a pompous, ignorant and profoundly ruthless person. The individual to whom he was fearfully subservient - Adolph Hitler - was infinitely more ruthless and ignorant. There is no doubt that this is true.

But it is almost always this manner of human being that seeks to find him or herself at the seat of such power. And it is rarely any other type of inividual who has the stomach to maintain such power for very long. Whatever utopian platitudes or benevolent purposes such seats of power are established to pursue, corruption is inevitable. This is what Benjamin Franklin meant when he declared the lifespan of our Constitution temporary. Sooner or later, despotism will take hold.

What is the point of this post? Responsible citizens should carefully consider those policies of their government which seek to centralize power. Sooner or later, those seats of power will be occupied by individuals whom you will not want empowered to make the decisions they will inevitably make. One of the reasons democracy did not sustain itself in Germany before Hitler was because good people accustomed to entitlement were frustrated with the inability of their government to “get things done” as Hayek put it. Entitlement is a dangerous vice for an ostensibly free people to develop.