Government Archives

Article V Convention: Is It A Good Idea?

As citizens struggle to figure out how to rein in a runaway federal government, some Constitutional scholars are taking a closer look at the pros and cons of an Article V Convention as a way to pass amendments that will help limit the size of government:

In August, Missouri became the latest state to rebel against the new national health care law when 71 percent of voters supported a ballot initiative rejecting the legislation’s requirement that individuals purchase government-approved insurance. Several other states will consider similar measures on the ballot this November.

However satisfying this backlash against ObamaCare may be to opponents of the law, these state-based efforts could all be for naught if the U.S. Supreme Court sides with Congress and rules that the legislation’s individual mandate is constitutional.

Such a decision would have far-reaching consequences, giving broad new power to the federal government over individuals and states. It would mean that the interstate Commerce Clause would have been interpreted so broadly as to allow the federal government to regulate the activities of people who choose not to engage in commerce, and within a health insurance market where businesses aren’t even allowed to sell their products across state lines. It would represent the culmination of decades in erosion of the concept of the separation of powers between federal and state governments, and the boldest example of congressional over-reach in the age of Obama.

In that scenario, short of repeal, the only remaining way to fight the law would be to amend the Constitution. Given how polarized the modern U.S. Senate is, it’s highly unlikely that a proposed amendment would garner the necessary 67 votes needed to amend the Constitution in the traditional manner. Yet the Founding Fathers left the states one last check on federal power.

Under Article V of the Constitution, “Congress… on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which… shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States.”

The Constitution has never been amended through a convention of the states, and this route remains controversial, with many conservatives fearing that the meeting would turn into a circus in the modern media age, and open the door to a wholesale rewriting of the nation’s founding document. Yet a new body of research suggests that these fears are unwarranted, and that there are enough checks built into the system to prevent what scholars refer to as a “runaway convention.” With state legislators and grassroots activists searching for ways to limit the abuses of Congress, the possibility has begun to generate more chatter.

The article is lengthy but well worth reading as it closely examines the pros and cons of executing this Constitutional option.

Hat tip: The Volokh Conspiracy

You Can Keep the Plan You’re In

If you’re a well-connected corporation or a union and beg for an exemption from ObamaCare, that is.  Yup, McDonalds and Jack in the Box, as well as teachers unions, are among those being granted waivers from the onerous restrictions of health care "reform". 

The rest of you smaller businesses?  Well, you can keep the plan you’re in, until you can’t.

Taxes and Wealth Inequalities

I ran across an interesting observation in Fault Lines by Raghuram Rajan (a U of Chicago economist who has the distinction of being on of the economists who clearly and unequivocally warned of and predicted the recession well in advance of its occurance). Anyhow, I thought this quote fragment was insightful when viewing the distinct difference between left and right regarding income inequality, from the beginning of Chapter Nine:

Not all forms of income inequality are economically harmful. Higher wages serve to reward the very talented and the hardworking, identify the jobs in the economy that need the most skills, and signal to the young the benefits of investing in their own human capital. A forced equalization of wages that disregards the marginal contributions of different workers will deaden incentives and lead to a misallocation of resources and effort. 

However, when the only pathways to high wages are seen to be birth, influence, luck, or cheating, wage differentials may not act as a spur to effort. Why bother when effort is not the route to rewards? Ineed, as the political economists Alberto Alesina and George-Marios Angeletos argue, perception in a democracy as to how high wages or wealth are obtained can create self-reinforcing patterns. If society believes people earn high wages as a result of their training and hard work, it is less willing to tax high earners, thereby ensuring they have strong incentives to acquire skills and exert effort. If society believes people earn high wages because of connectedness, chance, or crookedness, then it will tax incomes more heavily, and since few of the honest will then bother to work hard, only those with influence, the lucky, or the cheats will flourish. 

The left and right in the US are distinguished in part by their willingness (or lack thereof) to tax high earners. The left like to pretend that the middle class right is “duped” into wanting to lower taxes on the wealthy because they are just stupid when in reality what is going on is that the middle class believes that the wealthy got that way in the main part due to their training and hard work. One might also observe that the left’s willingness to punish the wealthy will have its own negative social repercussions as noted above as well. 

Mr Rajan also points out that the willingness to tax high earners is higher than it was in the past and the above observation might be a clue to why that might be, that is our perception of who the wealthy consist as well as how they got that way is moving. This is unfortunate. 

 

A Stark Contrast

The “One Nation” rally of liberals vs. the “Restoring Honor” rally of conservatives.  What a study in contrasts.

Let’s start with the numbers.  Now, you may say that the numbers really aren’t that meaningful; what matters is the message.  Fair enough, except the number really mattered to the Left.  As pseudonymous writer “LaborUnionReport” notes from RedState:

You see, the size of the Saturday’s OneNation rally would not really matter if

  1. MSNBC’s Ed Schultz didn’t foolishly make the claim that he would have 300,000 people at Socialist Saturday;
  2. Leninist labor boss Richard Trumka hadn’t predicted 100,000 union members;
  3. The SEIU hadn’t claimed 75,000 of its purple progressives would be bused in (unless the SEIU really meant that 75k of its janitors would do park clean-up for all the SEIU signs that were left lying around), and;
  4. Some dolt didn’t come on stage and claim that a satellite image proved that the Marxist March on Washington was bigger than Beck’s 8/28 rally…

Identical aerial views of the two rallies clearly show what one would call a gaping enthusiasm gap.  Keep those shots in mind when you read media articles that try to equivalence the two.  And consider, too, how many bought-and-paid-for attendees were there for “One Nation” (including students getting school credit for attending) and they still couldn’t hold a candle to the crowd from “Restoring Honor”, the vast majority that came on their own dime.  Nancy Pelosi once called the Tea Party “astroturf”, but clearly the plastic grass is on their side of the fence.

Oh, and another contrast is how you treat something you pay for vs something that’s provided for you.  You care more for something you paid for yourself, and thus there was quite a difference between how the “One Nation” attendees left the Washington Mall vs how the “Restoring Honor” attendees did.  When you pay for something yourself, you tend to take better care of it, which is a truism that can apply to government policies in general; a lesson the Left  never seems to learn.

And as Doug Ross notes, socialism played a big role in the rally.  Do these people even know the sordid history of socialism in the world?  That’s where this bunch wants to take us; further and further dependence on government and the power grab that is part and parcel of places like Venezuela.

This is their “America”?  What an awful place, and what a contrast between liberal and conservative.  I still do have hope.

Friday Link Wrap-up

Venezuelans are getting tired of the food shortages, the electricity shortages, the soaring crime, the deep recession (i.e. everything that comes part and parcel with socialism) and have started taking back the country, starting with last weekend’s elections.  American voters are poised to do the same in November.

The "humanitarian crisis" in Gaza is apparently mostly about symbolism, false narratives and propaganda.  Flotillas are required to keep up the narratives.

The United Nations will appoint an Earth contact for aliens.  No, really.  "Mazlan Othman, the head of the UN’s little-known Office for Outer Space Affairs (Unoosa), is to describe her potential new role next week at a scientific conference at the Royal Society’s Kavli conference centre in Buckinghamshire."  Doesn’t it strike anyone as unintentionally humorous that "Unoosa" sounds like some alien specie you’d see on "Star Trek"?

When the Bilderbergers met last June (cue paranoid music), one of the topics they discussed was Global Cooling.  No, really.  (Al Gore was apparently not invited.)  But indeed, global cooling, were it happening, would be worse than global warming.  Crops, for starters, kinda’ like the heat.

Tea Partiers uncover rampant voter fraud in Houston.  Would it surprise you if I said that most of this was related to a former SEIU employee’s voter registration group?  Yeah, me neither.

"Scientists have invented an efficient way to produce apparently safe alternatives to human embryonic stem cells without destroying embryos…."  They start with ordinary skin cells.  As Glenn Reynolds would say, "Faster, please."

And finally, from Mike Lester, two views of the Constitution.  (Click for a larger image.)

Mike Lester

More Unintended Consequences of ObamaCare

Low-wage workers may lose what health benefits they do have because these "mini-med" plans used for high-turnover workers don’t spend enough, according to the government. 

Don Sensing has the details.

Keep your insurance if you like it?  Yeah, right.

Mexico blames U.S. for Mexicans committing crimes in Mexico

To clarify,

A coalition of Mexican mayors has asked the United States to stop deporting illegal immigrants who have been convicted of serious crimes in the U.S. to Mexican border cities, saying the deportations are contributing to Mexican border violence.

Meanwhile, President “Mexicans were here before America was an idea” Obama is trying to pitch the notion that there is no “us” and “them”, with regards to illegal immigration [sic].

Sorry, Mr. President, but we’re not buying this whole one-world idea and, just as a reminder, you swore an oath to uphold and defend the constitution of the United States of America.

Unintended Consequences … To the Children

From James Taranto’s "Best of the Web Today" column:

• "Many provisions of the Patient Protection and Affordable Care Act of 2009 won’t be implemented until 2014, but much of the low-hanging fruit started Thursday. One such juicy apple is that insurers will no longer be allowed to deny coverage to children on the basis of pre-existing conditions. . . . To review: As of this week, insurers will be unable to refuse to do business with children."–Matthew Yglesias, TheDailyBeast.com, Sept. 24

• "Refusing to Play: Health Insurers That Won’t Offer Child-Only Policies"–headline, San Francisco Chronicle website, Sept. 24

If you punish it, you get less of it.

Rusty Nails (SCO v. 13)

Self Defense for a Bear Attack If it was me, I’d leave the summer squash for the crockpot, and utilize something that has the word “magnum” associated with it.

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Geek News of the Week Images of Aurora on Saturn’s South Pole.

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The S.L.E.D. Test as an argument against abortion Whenever I discuss the topic of abortion with a person who is pro-abortion, it’s amazing to see the lack of clarity and reason in their position. Truth be told, when unpacked to its core features, their position is without rational basis. Scott Klusendorf, formerly from Stand to Reason, discusses the S.L.E.D. Test, what it is, and how to rationally apply it to demonstrate that the unborn are valuable as human beings.

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Funny

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Obama think $1.00 will cover the purchase of 4 apples And, yes, the media didn’t handle it like they did when Dubya was around.

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The 1% Solution? Bono’s One Foundation only manages to direct a little over 1% of what it receives to the needy? Ouch! Maybe the Obama administration should consider a takeover?

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Power to the People! The last best hope…

Words and Mind: Tax Cuts as Costs for Government

Tax cuts are often discussed in terms of budget impact with phrases like “paying for a tax cut” or as “costing money.” 

In a book I read years ago by a Microsoft engineer about projects development the phrase “idiot bit” was used. The context for that is that when a persons “flips your idiot bit” and you realize they’ve done or said something idiotic the conclusion that that person is not too sharp is a “sticky” conclusion. They may do half-a-dozen things that are insightful and highly innovative … but once you’ve internally labeled that person as “stupid” it takes a lot to reverse that conclusion. Now, anthropologically speaking, this might be in part due to the peculiarities of how perceptions of intelligence is socially valued within the Microsoft (and software) sub-culture … and perhaps as well that this sort of “sticky conclusion” might be generalizable to other sub-cultures and “sticky” conclusions centering around the things they value. 

Usage of the terminology like “paying for tax cuts” and “tax cuts costing money” is a red-flag which, for myself at least, flips a similar “sticky bit.” From a somewhat abstract accounting point of view there is a sort of peculiar logic to that sort of terminology. But usage of that term betrays a level of abstraction and a point of view about taxation and government spending which forgets that taxation is inherently a violence against person or family. Taxation is a necessary evil of government. But to think of less taxes as a “cost” on government is a reversal of what should be the normative point of view, that government and its spending itself is a cost which is paid for by taxes. 

For small government proponents, statements about tax cut as cost “flips” a sticky bit. This means that it is hard to escape categorizing the speaker as a person willfully riding down the road to serfdom and at best a socialist or fascist. 

Burning Holy Books and the “Is Outrage” Response

When a small group led by a charismatic leader does something outrageous in this country to the average American this means little. This sort of thing happens all the time … bringing out examples is likely an exercise best left to the reader. A question that arises is why then does so much of the Islamic world rise up in anger when, say, a wacky pastor in South Florida burns a few books? The reason is in part a reflection of our different political cultures. 

In those countries which are rising up in anger, no such act would transpire without the express order and approval of a governmental (or organized anti-governmental organization, i.e., an insurgency). They are upset that this guy is going this because to them it means that Mr Obama and the US government has decided this is the right thing to do. Or at the very best, if he is doing it, then he has their explicit stamp of approval. It doesn’t matter that he says he thinks it is bad or that any number of us do the same. That is irrelevant because he is being allowed to do it means that their approval and sponsorship is a given. That they protest against his action but allow it is just a demonstration base deception. 

Those places in the world do not have freedom of speech and have never lived in such places or really (as is likely) considered the consequences of a society which defends such. Perhaps part of the problem is that our COIN apparatus (unlike as what pointed as “optimal” in the Petraeus manual) is almost exclusively military … which does in fact control its message and people in a way which our civilian life is not. This might be a big benefit of moving those COIN operations which are pointed as better done by non-military units to be done by actual non-military units. Perhaps the surge would have been best accompanied by 75k civilians in their unruly mess … so that part of the world might come to learn what freedom of speech looks like up close and personal. 

Friday Link Wrap-up

Media Bias Dept.:  The Left got upset when Rupert Murdoch gave money to right-wing groups.  No mention, of course of the 88% of TV network donations go to Democrats.  And how much coverage did you hear about the BBC’s Director General admitting that the state-run news organization has had a “massive” left-wing bias?  Yeah, me neither.  Also, Patterico explains how the media has shaped the national discussion by selective coverage.

Market Watch:  The market is doing more for troubled homeowners than the government it.  CNN is, apparently, shocked to discover such a thing can happen.

“Recovery” Summer Dept.:  Germany’s recover has been fueled to a large extent by private sector consumption and growth, as opposed to the graph I posted earlier showing most of our jobs went to the government.  And irony of ironies, a French bureaucrat had to tell the US about cutting spending spurs growth.  Why can our own guys understand that?

ObamaCare Dept.:  After helping pass the health care bill, one Democratic Senator, using language he helped craft in the bill, is trying to use it to exempt his state from the individual mandate.  “Yeah, it’s a great idea … for everyone else but me.”  Also, reality is putting the lie to the promise that nothing was going to change for you if you like the health care you have.

Film Corner:  The trailer us up for “Blood Money”, an expose of the abortion industry.

Government (In)action Dept.:  The Justice Department is refusing to enforce voter fraud laws, and they’ve plainly said as much.  So one lawyer is using a provision of the law to file the lawsuits the Obama’s Justice won’t.  Our President respects the rule of law insofar as it furthers his own agenda.  No good can come of that.

Gossip Column:  Fidel Castro himself admits that the communist economic model doesn’t work.  It “works” only insofar as you get influxes of cash from, say, a beneficiary either internally (the “rich”) or externally (the USSR).  But on its own, it is an abject failure.  Would that the Left would hear this and stop trying to move us closer to it.

And finally, the last word on the “Ground Zero Mosque” and the burning of Korans, from Rick McKee.  (Click for a larger image.)

Who Did the Stimulus Stimulate?

Not the folks that Obama would have you think.

http://www.nationalreview.com/corner/245828/government-job-john-derbyshire

All those promises and none of them came about.  Well, except for highly-unionized federal government workers.  And now there’s talk of a second stimulus.  You want a replay of this graph?  Really?

All Done At No Taxpayer Expense!

The Oval Office got a makeover.

While President Obama was on vacation, his West Wing office got a bit of a face lift, complete with a new rug, fresh wallpaper and paint, and new furniture — all done at no taxpayer expense, the White House says.

I would think, of all things, a makeover of the President’s office should be done at taxpayer expense.  It’s all this unconstitutional, required purchases that I think ought not be.

Tell ya’ what, I’ll trade a coat of paint and new carpeting for another unfunded mandate to be named later.

"Stop Tinkering" Exhibit A

David Brooks:

During the first half of this year, German and American political leaders engaged in an epic debate. American leaders argued that the economic crisis was so bad, governments should borrow billions to stimulate growth. German leaders argued that a little short-term stimulus was sensible, but anything more was near-sighted. What was needed was not more debt, but measures to balance budgets and restore confidence.

The debate got pointed. American economists accused German policy makers of risking a long depression. The German finance minister, Wolfgang Schäuble, countered, "Governments should not become addicted to borrowing as a quick fix to stimulate demand."

The two countries followed different policy paths. According to Gary Becker of the University of Chicago, the Americans borrowed an amount equal to 6 percent of G.D.P. in an attempt to stimulate growth. The Germans spent about 1.5 percent of G.D.P. on their stimulus.

This divergence created a natural experiment. Who was right?

The early returns suggest the Germans were.

Indeed, Germany’s economy is growing at an amazing 9% annual rate and unemployment is back to what it was before the crisis.  Back home, Obama and company are considering a second stimulus.

Because the first one worked so well?

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