Category Archives: Government Power

DOJ’s Zero Tolerance Of Zero Tolerance

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A Justice Department report critical of the Baltimore police missed the point. So did those who praised and faulted it. [Credit: NY Post]

A Jus­tice Depart­ment report crit­i­cal of the Bal­ti­more police missed the point. So did those who praised and fault­ed it. [Cred­it: NY Post]

The Depart­ment of Jus­tice report on Bal­ti­more police prac­tices has prompt­ed pre­dictable reac­tions from Left and Right.

The report con­firmed sus­pi­cions on the Left that police uncon­sti­tu­tion­al­ly harassed African-Amer­i­can males. From the Right came reflex­ive defens­es of the police.

Both have a point.  And both miss the point.  As does the report itself. Con­tin­ue read­ing →

Antonin Scalia, R.I.P.

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Supreme Court Justice Antonin Scalia, who died on Saturday, practiced a constitutional conservatism that is out-of-step with today's Right. [Credit: lifenews.com]

Supreme Court Jus­tice Antonin Scalia, who died on Sat­ur­day, prac­ticed a con­sti­tu­tion­al con­ser­vatism that is out-of-step with today’s Right. [Cred­it: lifenews.com]

The arc of con­ser­vatism’s decline was traced in the course of a few hours last Sat­ur­day. That after­noon we learned of the pass­ing of a gen­uine con­sti­tu­tion­al con­ser­v­a­tive, Antonin Scalia. Hours lat­er, we endured anoth­er GOP debate dur­ing which pro­fessed con­ser­v­a­tives trad­ed barbs and insults, now con­sid­ered a suit­able sub­sti­tute for char­ac­ter and sub­stance by a large swath of Repub­li­can vot­ers. Con­tin­ue read­ing →

Trump Is (Sort Of) Right About Yellen

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Donald Trump this week said that Federal Reserve Board Chairman Janet Yellen won't raise rates because President Obama told her not to. Why he's (sort of) right. [Credit: CNBC]

Don­ald Trump this week said that Fed­er­al Reserve Board Chair­man Janet Yellen won’t raise rates because Pres­i­dent Oba­ma told her not to. Why he’s (sort of) right. [Cred­it: CNBC]

The media just can’t keep up with The Donald.

Cor­po­rate news-gath­er­ing out­lets do their best to repeat and ampli­fy his every off­beat utter­ance.  His accu­sa­tion that Mar­co Rubio is a “dis­as­ter with his cred­it cards” has rip­pled through the press and forced Rubio to respond.  Dit­to for Trump’s mock­ery of Jeb’s ener­gy, Carson’s reli­gion, Carly’s face, Kasich’s poll num­bers, Hillary’s mar­i­tal rela­tions  (“If Hillary Clin­ton can’t sat­is­fy her hus­band what makes her think she can sat­is­fy Amer­i­ca?”), Bernie’s men­tal health and the men­stru­al cycles of debate moderators.

But as they were buzzing about his sched­uled appear­ance on Sat­ur­day Night Live, the media large­ly over­looked what was per­haps Trump’s most hereti­cal accu­sa­tion of all. Con­tin­ue read­ing →

An Iran Deal Fit For A King

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Iranians celebrated a deal that lifted sanctions against their nation. The deal is less popular in the U.S. Congress, but that hardly matters. [Credit: The Guardian]

Ira­ni­ans cel­e­brat­ed a deal to lift sanc­tions against their nation. The agree­ment is less pop­u­lar in the U.S. Con­gress, but that hard­ly mat­ters. [Cred­it: The Guardian]

Three thou­sand years have passed since a shep­herd-turned-war hero-turned-ter­ror­ist-turned-king cap­tured an obscure city sit­u­at­ed on a hill 34 miles inland from the Mediterranean.

David, Israel’s sec­ond king, would estab­lish his cap­i­tal in that city whose name is every bit as inapt as Philadel­phia (city of broth­er­ly love) or Los Ange­les (city of angels). Jerusalem, David’s cho­sen cap­i­tal, means “city of peace.”

It has more often been a city of con­tention, war and strife.  The rever­ber­a­tions from that ongo­ing dis­cord reached the Supreme Court last month in a case that car­ries impli­ca­tions for whether the U.S. will con­tin­ue to be gov­erned as a Repub­lic or ruled by a king. Con­tin­ue read­ing →

The President, His Critics And the Politics of Impatience

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What do these two men have in common? More than you might think. [Credit: Politico]

What do these two men have in com­mon? More than you might think. [Cred­it: Politico]

“But what I’m not going to do is just wait.  I think it’s fair to say that I’ve shown a lot of patience…But what we can’t do is just keep on wait­ing.”  Pres­i­dent Oba­ma, Novem­ber 5, 2014

The Con­sti­tu­tion offers no rem­e­dy for pres­i­den­tial impa­tience. Pres­i­dents, Mem­bers of Con­gress and judges are some­times con­sti­tu­tion­al­ly required to “just keep on wait­ing.”  And that is some­thing office­hold­ers of both polit­i­cal par­ties seem increas­ing­ly unwill­ing to do.  When it comes to cir­cum­vent­ing the rules to achieve the polit­i­cal objec­tives of the moment, the Pres­i­dent and some of his most stri­dent con­ser­v­a­tive foes are soulmates.

Con­tin­ue read­ing →

War on Women: Dispatches From The Front

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The latest skirmish in the "war on women" took place this past week in the Senate. [Credit: ACLU]

The Sen­ate was the scene last week of the lat­est skir­mish in the war on women, one of sev­er­al con­trived con­tro­ver­sies man­u­fac­tured by the polit­i­cal class. [Cred­it: ACLU]

Resolv­ing con­flicts is a core func­tion of gov­ern­ment.  Incit­ing them is a core com­pe­ten­cy of our polit­i­cal class.

The habit of inflam­ing pas­sions for polit­i­cal pur­pos­es was on dis­play again this week in the US Sen­ate. Wednes­day’s show vote osten­si­bly con­cerned the right of women to receive “free” birth con­trol from their employ­ers.  But the leg­is­la­tion, as its authors sure­ly knew, would not become law.  If it did, it would result, not in employ­ers buy­ing more con­tra­cep­tives for their employ­ees, but in more work­ers los­ing employ­ment-based health insurance.

Con­tin­ue read­ing →

Tolerance, The Amish And Hobby Lobby

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Pamela Harris, shown here with her disabled son, prevailed at the Supreme Court this week in her challenge to an Illinois law requiring her to pay union dues. [Credit: Heartland Institute]

Pamela Har­ris, shown here with her dis­abled son, pre­vailed at the Supreme Court this week in her chal­lenge to an Illi­nois law requir­ing her to pay union dues. [Cred­it: Heart­land Institute]

For a brief time dur­ing the 1980s, I was Direc­tor of Pol­i­cy Devel­op­ment for the Social Secu­ri­ty Admin­is­tra­tion.  The title is more glo­ri­fied than the real­i­ty.  Social Secu­ri­ty is a big and ossi­fied pro­gram that resists “pol­i­cy devel­op­ment.”  Con­gress, ever cog­nizant of the polit­i­cal risks of tam­per­ing with the pro­gram, had been forced by its loom­ing insol­ven­cy to pass a mas­sive law hik­ing pay­roll tax­es and rais­ing the retire­ment age just a few years before.  They were in no mood to enter­tain addi­tion­al legislation.

But my job was to pre­pare options for the Commissioner’s con­sid­er­a­tion, so I met with career staff who had an idea: why not advo­cate for a bill requir­ing self-employed Amish farm­ers to pay social secu­ri­ty tax­es? Con­tin­ue read­ing →

Is Congress Still Relevant?

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All 100 Senators gathered last year for this photo. They have done little since. Have they become irrelevant? [Credit: senate.gov]

All 100 Sen­a­tors gath­ered last year for this pho­to. Under Har­ry Rei­d’s lead­er­ship, they have done lit­tle since. Have they become irrel­e­vant? [Cred­it: senate.gov]

Here is all you need to know about the decline of the Unit­ed States Con­gress: a US Sen­a­tor recent­ly asked a fed­er­al judge to block the Oba­ma Admin­is­tra­tion from unlaw­ful­ly sub­si­diz­ing his own health insur­ance coverage.

The law­suit illus­trates how Con­gress has become a sub­servient branch of the fed­er­al gov­ern­ment.  Sub­ject to the whim of the Exec­u­tive Branch, one of its Mem­bers must now appeal to the Judi­cial Branch for relief.  Actu­al­ly leg­is­lat­ing seems out of the ques­tion. Con­tin­ue read­ing →

A Detached President Could Be Just What the NSA Needs

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President Obama was described as "impatient" and "disengaged" during briefings on last year's Syria crisis. That sense of detachment lead him to a constructive resolution of the NSA snooping controversy. [Credit: Pumas Unleashed]

Pres­i­dent Oba­ma was described as “impa­tient” and “dis­en­gaged” dur­ing brief­in­gs on last year’s Syr­ia cri­sis. That sense of detach­ment could lead him to a con­struc­tive res­o­lu­tion of the NSA snoop­ing con­tro­ver­sy. [Cred­it: Pumas Unleashed]

Even as the debate about arm­ing the [Syr­i­an] rebels took on a new urgency, Mr. Oba­ma rarely voiced strong opin­ions dur­ing senior staff meet­ings. But cur­rent and for­mer offi­cials said his body lan­guage was telling: he often appeared impa­tient or dis­en­gaged while lis­ten­ing to the debate, some­times scrolling through mes­sages on his Black­Ber­ry or slouch­ing and chew­ing gum.

New York Times, Octo­ber 22, 2013

A Pres­i­dent has enor­mous demands on his time and atten­tion. He can’t focus on every­thing. He must choose. Pres­i­dent Oba­ma, if the New York Times account is to be believed, chose to be “impa­tient” and “dis­en­gaged” as his advis­ers last year pre­sent­ed him with options on Syr­ia, per­haps explain­ing why he fol­lowed what the Times termed “an uncer­tain path amid Syr­i­an bloodshed.”

The dis­en­gage­ment from mat­ters of nation­al secu­ri­ty that served him so poor­ly through­out the Syr­i­an affair might unique­ly suit him to resolve the con­tro­ver­sy over whether the gov­ern­ment should con­tin­ue to gath­er large vol­umes of data about US cit­i­zens. Con­tin­ue read­ing →

The NSA And Government’s Gradual And Silent Encroachments

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Federal District Court Judge Richard J. Leon on Monday ruled that NSA monitoring of cellphone traffic is unconstitutional. [Credit: Minority Report Blog]

Fed­er­al Dis­trict Court Judge Richard J. Leon on Mon­day ruled that NSA mon­i­tor­ing of cell­phone traf­fic is uncon­sti­tu­tion­al. [Cred­it: Minor­i­ty Report Blog]

On March 5, 1976, Patri­cia McDo­nough was robbed.  She report­ed the crime to the Bal­ti­more police. Soon after, McDo­nough began receiv­ing threat­en­ing and obscene phone calls from a man pur­port­ing to be the rob­ber.  At one point, the caller asked her to step onto her porch.  Short­ly after she did, she saw a 1975 Monte Car­lo dri­ving slow­ly past her home.  She recalled see­ing that same car near the crime scene. She report­ed the tag num­ber to the police, enabling them to iden­ti­fy the own­er as Michael Lee Smith.

The police asked the tele­phone com­pa­ny to install a pen reg­is­ter — an elec­tron­ic device that records all num­bers called from a par­tic­u­lar tele­phone line – to mon­i­tor Smith’s home phone.  The device helped police deter­mine that Smith had placed the offen­sive calls to McDo­nough, lead­ing to his arrest and con­vic­tion. Con­tin­ue read­ing →