Presidential candidate Rand Paul has announced his support for a balanced-budget amendment (BBA) to the U.S. Constitution. This is an old idea, but a good idea. A BBA has been proposed in Congress as far back as 1936. In 1982 the Senate passed a BBA by a vote of 69-31, but it failed to get the needed two-thirds approval in the House. In 1995 a BBA passed the House by a 300-132 margin, but it fell one vote short of passage in the Senate.
Today we need a BBA more than ever. Historical budget data show that federal politicians have become increasingly irresponsible over the years. The bipartisan 19th century belief that balancing the budget was morally proper and economically prudent disappeared during the 20th century. As the chart below shows, from 1791 to 1929 the federal government balanced its budget in 68 percent of the years. But from 1930 to 2015, the government balanced its budget in just 15 percent of the years.
Read more at http://www.cato.org/blog/balanced-budget-amendment-constitution
2015-06-30
Cato: Congress’s Archaic Information Practices
There have been more than 2,700 bills introduced so far in the current Congress. That’s more than 30 bills per day, every day this year, weekends included. Ordinary Americans have a hard time keeping up, of course. Congress does, too.
The controversy around the anti-sex-trafficking bill in the Senate last week illustrates this well. Debate around the formerly non-controversial bill fell into disarray when Democrats discovered language in the bill that would apply the Hyde Amendment to fines collected and disbursed by the government. (The Hyde Amendment bars government spending on abortion. Democrats argue that it has only applied in the past to appropriated funds, not disbursement of fines.)
How is it that it took until late March for Democrats to discover controversial language in a bill that was introduced in January?
Well, Congress is awash in archaic practices. For one, bills are written in “cut and bite” style—change this line, change that word, change another—rather than in a form that lays out what the law would look like if the bill were passed. That makes bills unreadable—a situation Rep. Justin Amash (R-MI) has sought to remedy.
Read more at http://www.cato.org/blog/congresss-archaic-information-practices
The controversy around the anti-sex-trafficking bill in the Senate last week illustrates this well. Debate around the formerly non-controversial bill fell into disarray when Democrats discovered language in the bill that would apply the Hyde Amendment to fines collected and disbursed by the government. (The Hyde Amendment bars government spending on abortion. Democrats argue that it has only applied in the past to appropriated funds, not disbursement of fines.)
How is it that it took until late March for Democrats to discover controversial language in a bill that was introduced in January?
Well, Congress is awash in archaic practices. For one, bills are written in “cut and bite” style—change this line, change that word, change another—rather than in a form that lays out what the law would look like if the bill were passed. That makes bills unreadable—a situation Rep. Justin Amash (R-MI) has sought to remedy.
Read more at http://www.cato.org/blog/congresss-archaic-information-practices
Cato: The Patent & Trademark Office Has a Slanted View of the First Amendment
Yesterday’s Supreme Court ruling regarding Confederate-flag license plates isn’t the last word on First Amendment protection for “offensive” speech. Indeed, it doesn’t even resolve all the issues related to government-insinuated expression. One case working its way through the lower courts regarding a controversial trademark – but not this one! – illustrates some of the pitfalls inherent in allowing the government to act as censor, for whatever reason.
A musician named Simon Tam wanted to “take back” and “own” what had previously been used as an ethnic slur by calling his Asian-American rock band “The Slants.” The Patent and Trademark Office found that this trademark was disparaging to Asians, however, so refused to register it under § 2(a) of the Lanham Act. This provision says, among other things, that the PTO may refuse to register a trademark that “[c]onsists of … matter which may disparage … persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute.”
This refusal to register the trademark was affirmed by a three-judge panel of the U.S. Court of Appeals for the Federal Circuit. But then the entire Federal Circuit—without being asked!—decided to erase that decision and consider whether § 2(a), or at least its application here, violates the First Amendment.
Read more at http://www.cato.org/blog/patent-trademark-office-has-slanted-view-first-amendment
A musician named Simon Tam wanted to “take back” and “own” what had previously been used as an ethnic slur by calling his Asian-American rock band “The Slants.” The Patent and Trademark Office found that this trademark was disparaging to Asians, however, so refused to register it under § 2(a) of the Lanham Act. This provision says, among other things, that the PTO may refuse to register a trademark that “[c]onsists of … matter which may disparage … persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute.”
This refusal to register the trademark was affirmed by a three-judge panel of the U.S. Court of Appeals for the Federal Circuit. But then the entire Federal Circuit—without being asked!—decided to erase that decision and consider whether § 2(a), or at least its application here, violates the First Amendment.
Read more at http://www.cato.org/blog/patent-trademark-office-has-slanted-view-first-amendment
Cato: When It Comes to Police Body Cameras, Federalism Is Key
Last week, Sens. Rand Paul (R-KY) and Brian Schatz (D-HI) introduced legislation that would create a pilot grant program to assist state and local police agencies in leasing or purchasing body-worn cameras. The bill requires states, “units of local government,” and Indian tribes wishing to receive a full grant to commit to a range of reforms related to privacy, police practice, and data storage.
The bill presents something of a dilemma for libertarians like me, who want increased accountability and transparency within law enforcement but are also hesitant to support federal policy prescriptions for issues such as policing, which are often best handled at the local level. Given the worrying body camera legislation that has been proposed by some state lawmakers, it is tempting to think that a conditional federal police body camera grant program might be the best way to ensure that local government agencies implement worthwhile body camera policies. Yet Paul and Schatz’s legislation shows that police body camera policy ought to be addressed at the state and local level.
This is not to say that the legislation does not contain some good policy requirements. If the bill were to be enacted as written, an entity (state, unit of local government, or Indian tribe) interested in receiving a full grant would have to demonstrate a commitment to implementing some sensible policies before officers use the body cameras.
Read more at http://www.cato.org/blog/when-it-comes-police-body-cameras-federalism-key
The bill presents something of a dilemma for libertarians like me, who want increased accountability and transparency within law enforcement but are also hesitant to support federal policy prescriptions for issues such as policing, which are often best handled at the local level. Given the worrying body camera legislation that has been proposed by some state lawmakers, it is tempting to think that a conditional federal police body camera grant program might be the best way to ensure that local government agencies implement worthwhile body camera policies. Yet Paul and Schatz’s legislation shows that police body camera policy ought to be addressed at the state and local level.
This is not to say that the legislation does not contain some good policy requirements. If the bill were to be enacted as written, an entity (state, unit of local government, or Indian tribe) interested in receiving a full grant would have to demonstrate a commitment to implementing some sensible policies before officers use the body cameras.
Read more at http://www.cato.org/blog/when-it-comes-police-body-cameras-federalism-key
2015-06-29
Cato: Rebuttal of Sen. Sessions’ Anti-Legal-Immigration Op-ed
Senator Jeff Sessions’ (R-AL) Washington Post op-ed calls “for an honest discussion on immigration.” He then lays out his case against legal immigration.
Although I appreciate Sessions’ honesty in calling for large reductions in legal immigration–a level of candor too often shrouded by immigration-restrictionists’ political correctness (“I’m only against illegal immigration”)–his op-ed makes a poor case for more government regulation of international labor markets.
Read more at http://www.cato.org/blog/rebuttal-sen-sessions-anti-legal-immigration-oped
Although I appreciate Sessions’ honesty in calling for large reductions in legal immigration–a level of candor too often shrouded by immigration-restrictionists’ political correctness (“I’m only against illegal immigration”)–his op-ed makes a poor case for more government regulation of international labor markets.
Read more at http://www.cato.org/blog/rebuttal-sen-sessions-anti-legal-immigration-oped
Cato: Kudos to the New Mexico Legislature for Abolishing Civil Asset Forfeiture
Good news from out west. A New Mexico bill, HB 560, to restrict civil asset forfeiture has cleared the legislature - receiving unanimous support in the State House and State Senate - and awaits the signature of Governor Susana Martinez to become law.
Among other things, the New Mexico bill requires a criminal conviction for forfeiture actions, bolsters the “innocent owner” defense by requiring that the owner know that his/her property was being used illegally, requires that all forfeiture proceeds be deposited into the general fund rather than into the seizing agencies, and limits the ability of state and local law enforcement agencies to circumvent state law by utilizing the federal equitable sharing program.
Read more at http://www.cato.org/blog/kudos-new-mexico-legislature-abolishing-civil-asset-forfeiture
Among other things, the New Mexico bill requires a criminal conviction for forfeiture actions, bolsters the “innocent owner” defense by requiring that the owner know that his/her property was being used illegally, requires that all forfeiture proceeds be deposited into the general fund rather than into the seizing agencies, and limits the ability of state and local law enforcement agencies to circumvent state law by utilizing the federal equitable sharing program.
Read more at http://www.cato.org/blog/kudos-new-mexico-legislature-abolishing-civil-asset-forfeiture
Cato: The South China Sea Is Not Worth the Risk of War
Contrasting Chinese and American perspectives were on display at the recent Shangri-La Dialogue, during which Defense Secretary Ashton Carter challenged Beijing over its island expansion program. Privately the possibility of war has emerged as a serious topic in Washington. Both nations should draw back from their increasingly dangerous game of chicken.
China’s territorial claims involve a complex mix of control, historical practice, international law, and treaty. In the view of most observers, Beijing’s claims are extravagant. Yet they are not unprecedented.
The early American republic made aggressive claims against both Canada and Mexico. The United States won its claims in the first case through conquest and in the second instance through negotiation. Great Britain’s decision to accommodate the United States yielded long-term peace and future friendship.
As territory most of the islands are worthless rocks. However, they carry with them control over surrounding waters and underlying resources.
While Washington lays claim to no land, it insists on free transit in surrounding waters. Equally important, with China expanding many Americans want the United States to contain Beijing.
Indeed, there is increasing comment among the chattering classes about the importance of making China “pay a price” for its aggressive behavior. The administration is more vigorously advancing claims than the claimants themselves. The United States created particular controversy flying over islands claimed by China, courting a corresponding challenge from the latter.
Read more at http://www.cato.org/blog/south-china-sea-not-worth-risk-war
China’s territorial claims involve a complex mix of control, historical practice, international law, and treaty. In the view of most observers, Beijing’s claims are extravagant. Yet they are not unprecedented.
The early American republic made aggressive claims against both Canada and Mexico. The United States won its claims in the first case through conquest and in the second instance through negotiation. Great Britain’s decision to accommodate the United States yielded long-term peace and future friendship.
As territory most of the islands are worthless rocks. However, they carry with them control over surrounding waters and underlying resources.
While Washington lays claim to no land, it insists on free transit in surrounding waters. Equally important, with China expanding many Americans want the United States to contain Beijing.
Indeed, there is increasing comment among the chattering classes about the importance of making China “pay a price” for its aggressive behavior. The administration is more vigorously advancing claims than the claimants themselves. The United States created particular controversy flying over islands claimed by China, courting a corresponding challenge from the latter.
Read more at http://www.cato.org/blog/south-china-sea-not-worth-risk-war
Cato: Supreme Court Reinforces Jones Conception of 4th Amendment
In a per curiam opinion this week, Grady v. North Carolina, the U.S. Supreme Court reinforced recent 4th Amendment decisions in holding that when the government physically occupies private property for the purpose of obtaining information, it engages in a search under the 4th Amendment.
The State of North Carolina subjects certain repeat offenders to a lifetime of satellite-based monitoring (SBM) after they complete their sentences. The plaintiff, Torrey Dale Grady, argued that such a program represents a violation of his 4th Amendment rights under recent U.S. Supreme Court opinions, including a 2012 case called United States v. Jones (installing a GPS tracker on a suspect’s car represents a search) and a 2013 case called Florida v. Jardines (using a drug-sniffing dog on a suspect’s porch represents a search).
Read more at http://www.cato.org/blog/supreme-court-reinforces-jones-conception-4th-amendment
The State of North Carolina subjects certain repeat offenders to a lifetime of satellite-based monitoring (SBM) after they complete their sentences. The plaintiff, Torrey Dale Grady, argued that such a program represents a violation of his 4th Amendment rights under recent U.S. Supreme Court opinions, including a 2012 case called United States v. Jones (installing a GPS tracker on a suspect’s car represents a search) and a 2013 case called Florida v. Jardines (using a drug-sniffing dog on a suspect’s porch represents a search).
Read more at http://www.cato.org/blog/supreme-court-reinforces-jones-conception-4th-amendment
2015-06-28
Cato: The Court Today: At Once Deferential and Activist
A few additional broader thoughts on the Court’s King v. Burwell ruling today. First, technically, this is not an administrative law ruling. That is, the Court did not apply so-called Chevron deference and thereby uphold the IRS’s reading of the relevant Affordable Care Act’s provision. But practically, it comes to the same thing. In both cases, a provision that makes tax credits available to eligible individuals who buy insurance on exchanges “established by the State” is read to mean that those credits are also available to individuals who buy on exchanges established by the federal government.
Rather, this is a statutory ruling—as if the IRS had never interpreted that provision and the Court were doing so as a matter of first impression. And the tangled web the Court weaves in reading “established by the State” as meaning “established by the State or by the federal government” is reduced to shreds by Justice Scalia’s devastating dissent. It is a tour de force that must be read.
Toward the end of his dissent, however, Scalia waxes more broadly, on the proper roles of Congress and the Court. “Our task,” he writes, “is to apply the text, not to improve upon it.” “Rather than rewriting the law under the pretense of interpreting it, the Court should have left it to Congress to decide what to do about the Act’s limitation of tax credits to state Exchanges.” “The Court’s insistence on making a choice that should be made by Congress both aggrandizes judicial power and encourages congressional lassitude.” And he concludes this important section of his dissent with Hamilton in Federalist No. 78: “What a parody today’s decision makes of Hamilton’s assurances [that the Court has] ‘neither FORCE nor WILL but merely judgment.’”
Read more at http://www.cato.org/blog/court-today-once-deferential-activist
Rather, this is a statutory ruling—as if the IRS had never interpreted that provision and the Court were doing so as a matter of first impression. And the tangled web the Court weaves in reading “established by the State” as meaning “established by the State or by the federal government” is reduced to shreds by Justice Scalia’s devastating dissent. It is a tour de force that must be read.
Toward the end of his dissent, however, Scalia waxes more broadly, on the proper roles of Congress and the Court. “Our task,” he writes, “is to apply the text, not to improve upon it.” “Rather than rewriting the law under the pretense of interpreting it, the Court should have left it to Congress to decide what to do about the Act’s limitation of tax credits to state Exchanges.” “The Court’s insistence on making a choice that should be made by Congress both aggrandizes judicial power and encourages congressional lassitude.” And he concludes this important section of his dissent with Hamilton in Federalist No. 78: “What a parody today’s decision makes of Hamilton’s assurances [that the Court has] ‘neither FORCE nor WILL but merely judgment.’”
Read more at http://www.cato.org/blog/court-today-once-deferential-activist
Cato: John Roberts Rewrites Obamacare Yet Again
“If we give the phrase ‘the State that established the Exchange’ its most natural meaning, there would be no ‘qualified individuals’ on Federal Exchanges.” You’d think that I pulled that phrase from Justice Scalia’s dissenting opinion in today’s big Obamacare ruling—it makes clear that Congress said what it meant in the ACA, giving states the incentive to create exchanges by making their citizens eligible for tax credits if they do—but you’d be wrong.
It comes from the pen of Chief Justice Roberts, who admits, as he did three years ago in the individual-mandate case, that those challenging the administration are correct on the law. Nevertheless, again as he did before, Roberts contorts himself to eviscerate that “natural meaning” and rewrite Congress’s inartfully concocted scheme, this time such that “exchange established by the state” means “any old exchange.” Scalia rightly calls this novel interpretation “absurd.”
Read more at http://www.cato.org/blog/john-roberts-rewrites-obamacare-yet-again
It comes from the pen of Chief Justice Roberts, who admits, as he did three years ago in the individual-mandate case, that those challenging the administration are correct on the law. Nevertheless, again as he did before, Roberts contorts himself to eviscerate that “natural meaning” and rewrite Congress’s inartfully concocted scheme, this time such that “exchange established by the state” means “any old exchange.” Scalia rightly calls this novel interpretation “absurd.”
Read more at http://www.cato.org/blog/john-roberts-rewrites-obamacare-yet-again
2015-06-27
Cato: Two Years On, the TSA Is Still Not Subject to Law
Two years ago tomorrow, the Transportation Security Administration stopped accepting comments on its proposal to use “Advanced Imaging Technology” for primary screening at airports. The end of the comment period on nude body scanning would ordinarily promise the issuance of a final rule that incorporates knowledge gained by hearing from the public. But this is no ordinary rulemaking. This is an agency that does not follow the law.
It was almost four years ago that the U.S. Court of Appeals for the D.C. Circuit ordered TSA to do a notice-and-comment rulemaking on its nude body scanning policy. Few rules “impose [as] directly and significantly upon so many members of the public,” the court said in ordering the agency to “promptly” publish its policy, take comments, and consider them in formalizing its rules.
Over the next 20 months, the TSA produced a short, vague paragraph that did nothing to detail the rights of the public and what travelers can expect when they go to the airport. At the time, I called the proposed rule “contemptuous,” because the agency flouted the spirit of the court’s order. In our comment, Cato senior fellow John Mueller, Mark G. Stewart from the University of Newcastle in Australia, and I took the TSA to task a number of ways.
Read more at http://www.cato.org/blog/two-years-tsa-still-not-subject-law
It was almost four years ago that the U.S. Court of Appeals for the D.C. Circuit ordered TSA to do a notice-and-comment rulemaking on its nude body scanning policy. Few rules “impose [as] directly and significantly upon so many members of the public,” the court said in ordering the agency to “promptly” publish its policy, take comments, and consider them in formalizing its rules.
Over the next 20 months, the TSA produced a short, vague paragraph that did nothing to detail the rights of the public and what travelers can expect when they go to the airport. At the time, I called the proposed rule “contemptuous,” because the agency flouted the spirit of the court’s order. In our comment, Cato senior fellow John Mueller, Mark G. Stewart from the University of Newcastle in Australia, and I took the TSA to task a number of ways.
Read more at http://www.cato.org/blog/two-years-tsa-still-not-subject-law
Cato: SCOTUS OKs Liability for Unintentional Housing Discrimination
Stop calling it fair housing law. If it was ever a matter of fairness, it isn’t now.
Under today’s 5-4 Supreme Court holding in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, you can be held liable for housing discrimination whether or not you or anyone in your organization intended to discriminate. Instead – to quote Justice Anthony Kennedy, who joined with the Court’s four liberals in a 5-4 majority – you might have been influenced by “unconscious prejudice” or “stereotyping” when you lent money or rented apartments or carried on appraisal or brokerage or planning functions. What you did had “disparate impact” on some race or other legally protected group, and now you’re caught up in potentially ruinous litigation in which it’s up to you to show that you had a good reason for what you did and could not have arranged your actions in some other way that had less disparate impact.
The decision is quite broad in its implications. For example, in employment discrimination law, where disparate impact has long been legally established, it is increasingly legally dangerous to ask job applicants about criminal records, or carry out criminal background checks on them before a job offer, for fear of disparate impact. Is it still safe to ask such questions of prospective tenants in your apartment building? Better ask your lawyer.
Read more at http://www.cato.org/blog/supreme-court-oks-disparate-impact-housing-claims
Under today’s 5-4 Supreme Court holding in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, you can be held liable for housing discrimination whether or not you or anyone in your organization intended to discriminate. Instead – to quote Justice Anthony Kennedy, who joined with the Court’s four liberals in a 5-4 majority – you might have been influenced by “unconscious prejudice” or “stereotyping” when you lent money or rented apartments or carried on appraisal or brokerage or planning functions. What you did had “disparate impact” on some race or other legally protected group, and now you’re caught up in potentially ruinous litigation in which it’s up to you to show that you had a good reason for what you did and could not have arranged your actions in some other way that had less disparate impact.
The decision is quite broad in its implications. For example, in employment discrimination law, where disparate impact has long been legally established, it is increasingly legally dangerous to ask job applicants about criminal records, or carry out criminal background checks on them before a job offer, for fear of disparate impact. Is it still safe to ask such questions of prospective tenants in your apartment building? Better ask your lawyer.
Read more at http://www.cato.org/blog/supreme-court-oks-disparate-impact-housing-claims
2015-06-26
Cato: The Government Has to Pay for the Raisins It Confiscates
The near-unanimous Supreme Court decided today in favor of the farmers whose raisins the federal government wanted to take as part of a cockamamie New Deal-era regulatory scheme. The Court ruled 8-1 in support of Cato’s position that taking personal property is a compensable action, regardless of whether the government purports to act on the property owner’s behalf, and 5-4 on the question of compensation for that taking. (This is two years after the Court ruled 9-0 that the Marvin and Laura Horne could have their day in court and raise their constitutional challenge, rather than being stuck in some byzantine administrative purgatory.)
Of course, it should be rather obvious that when the government takes your property, its actions are subject to the Fifth Amendment’s Takings Clause, which requires that such taking be (a) for a “public use” and (b) subject to the owner receiving “just compensation.” And it should be equally obvious that the Constitution doesn’t distinguish between real property (your house) and personal property (your car). Yet the government insisted here that, at least in the context of agricultural-marketing/price-setting programs, it can take your crops and do whatever it likes with them so long as it’s all hypothetically for your own benefit.
Read more at http://www.cato.org/blog/government-has-pay-raisins-it-confiscates
Of course, it should be rather obvious that when the government takes your property, its actions are subject to the Fifth Amendment’s Takings Clause, which requires that such taking be (a) for a “public use” and (b) subject to the owner receiving “just compensation.” And it should be equally obvious that the Constitution doesn’t distinguish between real property (your house) and personal property (your car). Yet the government insisted here that, at least in the context of agricultural-marketing/price-setting programs, it can take your crops and do whatever it likes with them so long as it’s all hypothetically for your own benefit.
Read more at http://www.cato.org/blog/government-has-pay-raisins-it-confiscates
Cato: Red Light for Red Line, Yellow Light for Purple Line
Maryland Governor Larry Hogan announced today that he was canceling Baltimore’s Red light-rail line while approving suburban Washington’s Purple Line. However, that approval comes with some caveats that could still mean the wasteful transit project will never be built.
The latest cost estimate for the Purple Line is nearly $2.5 billion for a project that, if done with buses, would cost less than 2 percent as much. The Purple Line finance plan calls for the federal government to put up $900 million, the state to immediately add $738 million, and then for the state to borrow another $810 million.
Instead, Governor Hogan says Maryland will contribute only $168 million to the project, and that local governments–meaning, mainly, Montgomery County but also Prince Georges County–will have to come up with the rest. It isn’t clear from press reports whether Hogan is willing to commit Maryland taxpayers to repay $810 million worth of loans, but it is clear that local taxpayers will have to pay at least half a billion dollars more than they were expecting.
Read more at http://www.cato.org/blog/red-light-red-line-yellow-light-purple-line
The latest cost estimate for the Purple Line is nearly $2.5 billion for a project that, if done with buses, would cost less than 2 percent as much. The Purple Line finance plan calls for the federal government to put up $900 million, the state to immediately add $738 million, and then for the state to borrow another $810 million.
Instead, Governor Hogan says Maryland will contribute only $168 million to the project, and that local governments–meaning, mainly, Montgomery County but also Prince Georges County–will have to come up with the rest. It isn’t clear from press reports whether Hogan is willing to commit Maryland taxpayers to repay $810 million worth of loans, but it is clear that local taxpayers will have to pay at least half a billion dollars more than they were expecting.
Read more at http://www.cato.org/blog/red-light-red-line-yellow-light-purple-line
2015-03-22
Cato: Another Petty Dispute Involving U.S. Allies
Alliances tend to entangle America in confrontations that have little or no relevance to the security and liberty of the republic. A prime example of that problem is the ongoing, bitter dispute between Japan and South Korea over some largely uninhabited rocks and the waters surrounding them. Tokyo and Seoul cannot even agree on the correct name of the islands or the body of water. Japanese call the islands Takeshima, while South Koreans insist on the name Dokdo. For Japanese (and most of the world), the spits of rock are located in the Sea of Japan, but South Koreans hate that name and instead call it the East Sea.
As I discuss in a recent National Interest Online article, outsiders might be tempted to snicker at such a parochial feud, but it has significant policy implications. U.S. officials are seeking to strengthen Washington’s alliances with both Japan and South Korea to counter China’s growing power in East Asia. A key component of that strategy is to encourage closer bilateral military cooperation between Tokyo and Seoul. The Takeshima/Dokdo dispute is a major impediment to such cooperation. Beijing has been quick to take advantage of the animosity by actively courting South Korea.
Read more at http://www.cato.org/blog/another-petty-dispute-involving-us-allies
As I discuss in a recent National Interest Online article, outsiders might be tempted to snicker at such a parochial feud, but it has significant policy implications. U.S. officials are seeking to strengthen Washington’s alliances with both Japan and South Korea to counter China’s growing power in East Asia. A key component of that strategy is to encourage closer bilateral military cooperation between Tokyo and Seoul. The Takeshima/Dokdo dispute is a major impediment to such cooperation. Beijing has been quick to take advantage of the animosity by actively courting South Korea.
Read more at http://www.cato.org/blog/another-petty-dispute-involving-us-allies
Cato: Audit the Fed: What Would Milton Friedman Say?
Senator Rand Paul (R-KY) introduced a bill (S.264) which is popularly known as “Audit the Fed” (ATF). The bill picked up 30 initial co-sponsors. Although the Fed is already extensively audited in the accounting sense of the term, the ATF bill would expand the scope and scale of Fed auditing. Indeed, monetary policy decisions, which have been exempt from any sort of “auditing” since 1978, would see their auditing exemption lifted if the bill becomes law.
There is popular support for the idea that the Fed should be audited. More than three-quarters of registered voters would give the general idea of auditing the Fed a green light. It’s no surprise, then, that there has been bipartisan support for similar proposals in the past. However, none of these have become law because the push-back from Fed officials and other “experts” has been strong. Today is no different, with the Fed and the Obama White House all singing the same tune: “It’s Dangerous.”
The real issue at stake is whether the Fed should be independent. The opponents of the ATF bill naturally think that the law would imperil the Fed’s autonomy and that this would be objectionable.
Read more at http://www.cato.org/blog/audit-fed-what-would-milton-friedman-say
There is popular support for the idea that the Fed should be audited. More than three-quarters of registered voters would give the general idea of auditing the Fed a green light. It’s no surprise, then, that there has been bipartisan support for similar proposals in the past. However, none of these have become law because the push-back from Fed officials and other “experts” has been strong. Today is no different, with the Fed and the Obama White House all singing the same tune: “It’s Dangerous.”
The real issue at stake is whether the Fed should be independent. The opponents of the ATF bill naturally think that the law would imperil the Fed’s autonomy and that this would be objectionable.
Read more at http://www.cato.org/blog/audit-fed-what-would-milton-friedman-say
Cato: Another Fishy Regulation
All across the globe, people see the United States as a land of opportunity and dream of making their way here to work hard and enjoy the prosperity that our system of laws helps provide. Cindy Vong made that dream a reality by emigrating from Vietnam, becoming a U.S. citizen, and starting her own nail salon in Gilbert, Arizona. Thanks to a state occupational-licensing scheme, however, Ms. Vong may no longer be free to pursue her vision of happiness.
The Arizona Board of Cosmetology—yes, that’s an actual entity—got wind that Ms. Vong’s spa offered a treatment that uses small fish to exfoliate dead skin from the feet. This is a perfectly safe practice popular in East Asia and the Middle East. Learning that the Board intended to apply its exfoliation-instrument sterilization standards to her fish—how does one sterilize a fish?—Ms. Vong volunteered her spa as a test project until the Board was able to revise its existing rules to address this increasingly popular treatment. Without so much as bothering to evaluate whether the fish treatment is unsafe—there is no such evidence anywhere—the Board ignored her request and, summarily concluding the treatment unsafe, shut down Ms. Vong’s business. So much for “Land of the Free.”
Represented by our friends at the Goldwater Institute, Ms. Vong fought back, bringing a constitutional challenge against the Board’s action all the way to Arizona’s high court. Unfortunately, that court deferred to the Board’s “safety” concerns, finding there to be a “reasonably conceivable state of facts that could provide a rational basis” for the regulation. In other words, because a state-empowered group of Ms. Vong’s competitors offered a better-than-completely-ridiculous pretext for telling her how to run her business, the court would entertain no legal challenge.
Read more at http://www.cato.org/blog/another-fishy-regulation
The Arizona Board of Cosmetology—yes, that’s an actual entity—got wind that Ms. Vong’s spa offered a treatment that uses small fish to exfoliate dead skin from the feet. This is a perfectly safe practice popular in East Asia and the Middle East. Learning that the Board intended to apply its exfoliation-instrument sterilization standards to her fish—how does one sterilize a fish?—Ms. Vong volunteered her spa as a test project until the Board was able to revise its existing rules to address this increasingly popular treatment. Without so much as bothering to evaluate whether the fish treatment is unsafe—there is no such evidence anywhere—the Board ignored her request and, summarily concluding the treatment unsafe, shut down Ms. Vong’s business. So much for “Land of the Free.”
Represented by our friends at the Goldwater Institute, Ms. Vong fought back, bringing a constitutional challenge against the Board’s action all the way to Arizona’s high court. Unfortunately, that court deferred to the Board’s “safety” concerns, finding there to be a “reasonably conceivable state of facts that could provide a rational basis” for the regulation. In other words, because a state-empowered group of Ms. Vong’s competitors offered a better-than-completely-ridiculous pretext for telling her how to run her business, the court would entertain no legal challenge.
Read more at http://www.cato.org/blog/another-fishy-regulation
Cato: Continuing Constitutional Difficulties in Implementing the Voting Rights Act
Sue Evenwel is a citizen of the United States and of the state of Texas. She is a registered voter in Titus County and regularly votes in local and state elections. How is it, then, that Ms. Evenwel’s vote in a Texas state senate race is worth only about half that of certain other voters? The answer lies somewhere at the intersection of bad law and even worse politics that the modern Voting Rights Act has become.
The VRA, as you may recall, was the heroic civil rights legislation that finally put a stop to the most blatant and invidious forms of racial discrimination impairing the fundamental right of racial minorities to vote. It has been several decades now since this important and proud work but now, sadly, the heroic VRA has lived long enough to see itself become a villain. As Cato has warned before—in our amicus briefs in Perry v. Perez and Shelby County v. Holder—the courts are at a “bloody crossroads” when interpreting what have become the conflicting mandates of the VRA. To give one example, the courts have found that Section 2 requires race-based redistricting to prevent loss of minority voting power, while at the same time, the Fifteenth Amendment (and the currently inoperable VRA Section 5) prohibits discrimination in voting on the basis of race.
The conflicts go on: as Ms. Evenwel’s case demonstrates, Section 2’s requirements clash with the Fourteenth Amendment’s equal-protection guarantee. In response to the pressures of satisfying Section 2, Texas adopted a court-drawn, interim redistricting plan for state senate districts. To ensure that racial minorities’ voting power isn’t diluted, however, the plan instead dilutes the voting power of rural voters by equalizing “total population” among districts instead of using the “citizens of voting age population” (CVAP) metric. The result of this choice is that the high number of non-voting-eligible immigrants—whether legal or illegal—in Texas’s urban centers wildly inflates the voting power of the relatively fewer eligible voters who also reside in those urban districts.
Read more at http://www.cato.org/blog/continuing-constitutional-difficulties-implementing-voting-rights-act
The VRA, as you may recall, was the heroic civil rights legislation that finally put a stop to the most blatant and invidious forms of racial discrimination impairing the fundamental right of racial minorities to vote. It has been several decades now since this important and proud work but now, sadly, the heroic VRA has lived long enough to see itself become a villain. As Cato has warned before—in our amicus briefs in Perry v. Perez and Shelby County v. Holder—the courts are at a “bloody crossroads” when interpreting what have become the conflicting mandates of the VRA. To give one example, the courts have found that Section 2 requires race-based redistricting to prevent loss of minority voting power, while at the same time, the Fifteenth Amendment (and the currently inoperable VRA Section 5) prohibits discrimination in voting on the basis of race.
The conflicts go on: as Ms. Evenwel’s case demonstrates, Section 2’s requirements clash with the Fourteenth Amendment’s equal-protection guarantee. In response to the pressures of satisfying Section 2, Texas adopted a court-drawn, interim redistricting plan for state senate districts. To ensure that racial minorities’ voting power isn’t diluted, however, the plan instead dilutes the voting power of rural voters by equalizing “total population” among districts instead of using the “citizens of voting age population” (CVAP) metric. The result of this choice is that the high number of non-voting-eligible immigrants—whether legal or illegal—in Texas’s urban centers wildly inflates the voting power of the relatively fewer eligible voters who also reside in those urban districts.
Read more at http://www.cato.org/blog/continuing-constitutional-difficulties-implementing-voting-rights-act
Cato: Russia Befriends North Korea to Punish U.S. Over Ukraine
Russian President Vladimir Putin has reached out to one of the poorest and least predictable states on earth: North Korea. So far, the new Moscow-Pyongyang axis matters little. But the effort demonstrates that Russia can make Washington pay for confronting Moscow over Ukraine.
The United States and the Soviet Union divided the Korean peninsula at the end of World War II. Moscow’s zone became the Democratic People’s Republic of Korea, better known as North Korea, while the U.S. zone became the Republic of Korea, better known as South Korea. But North Korea denounced Moscow in 1991 after it recognized South Korea. Since then, Russo-North Korean relations have been minimal.
In contrast, Seoul provided investment and trade in abundance. After President Vladimir Putin held a summit with South Korean President Park, Russia leaned toward Seoul in denouncing the North’s missile and nuclear programs.
However, Moscow is rebalancing its position. Last year North Korea and Russia exchanged high-level visitors and inked a number of economic agreements. Russia indicated its willingness to host a summit. Both governments talked of “deepening” economic and political ties.
Read more at http://www.cato.org/blog/russia-befriends-north-korea-punish-us-over-ukraine
The United States and the Soviet Union divided the Korean peninsula at the end of World War II. Moscow’s zone became the Democratic People’s Republic of Korea, better known as North Korea, while the U.S. zone became the Republic of Korea, better known as South Korea. But North Korea denounced Moscow in 1991 after it recognized South Korea. Since then, Russo-North Korean relations have been minimal.
In contrast, Seoul provided investment and trade in abundance. After President Vladimir Putin held a summit with South Korean President Park, Russia leaned toward Seoul in denouncing the North’s missile and nuclear programs.
However, Moscow is rebalancing its position. Last year North Korea and Russia exchanged high-level visitors and inked a number of economic agreements. Russia indicated its willingness to host a summit. Both governments talked of “deepening” economic and political ties.
Read more at http://www.cato.org/blog/russia-befriends-north-korea-punish-us-over-ukraine
Cato: The Equal Protection Clause Requires Giving Marriage Licenses to Same-Sex Couples
Two years ago in United States v. Windsor, the Supreme Court held that the Constitution forbids the federal government from treating same-sex marriages differently than opposite-sex marriages. The Court’s majority, writing through Justice Anthony Kennedy, recognized that discriminating against lawfully wed same-sex couples violates the Fifth Amendment’s “prohibition against denying to any person the equal protection of the laws,” a prohibition which the “equal protection guarantee of the Fourteenth Amendment makes … all the more specific and all the better understood and preserved.” Because Windsor challenged only the federal Defense of Marriage Act, no state marriage laws were directly affected.
Given the Court’s broad language, however—especially its direct reference to the Equal Protection Clause—many (including Justice Antonin Scalia in dissent) predicted that the opinion’s reasoning would eventually be used to strike down state laws and constitutional provisions that deny marriage licenses to same-sex couples. They were right. Windsor served as the basis for dozens of challenges to marriage laws across the country, initially resulting in an unbroken series of victories for marriage equality in federal courts, which the Supreme Court declined to review.
Finally, the U.S. Court of Appeals for the Sixth Circuit (which covers Kentucky, Michigan, Ohio, and Tennessee) issued a contrary ruling, holding that “the people who adopted the Fourteenth Amendment understood it to require the States to change the definition of marriage.” The Supreme Court could thus no longer delay taking up the marriage debate.
Read more at http://www.cato.org/blog/equal-protection-clause-requires-giving-marriage-licenses-same-sex-couples
Given the Court’s broad language, however—especially its direct reference to the Equal Protection Clause—many (including Justice Antonin Scalia in dissent) predicted that the opinion’s reasoning would eventually be used to strike down state laws and constitutional provisions that deny marriage licenses to same-sex couples. They were right. Windsor served as the basis for dozens of challenges to marriage laws across the country, initially resulting in an unbroken series of victories for marriage equality in federal courts, which the Supreme Court declined to review.
Finally, the U.S. Court of Appeals for the Sixth Circuit (which covers Kentucky, Michigan, Ohio, and Tennessee) issued a contrary ruling, holding that “the people who adopted the Fourteenth Amendment understood it to require the States to change the definition of marriage.” The Supreme Court could thus no longer delay taking up the marriage debate.
Read more at http://www.cato.org/blog/equal-protection-clause-requires-giving-marriage-licenses-same-sex-couples
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