Sunday, December 28, 2014

OUR RUNAWAY GOVERNMENT


The Wall Street Journal offered a remarkable detail in its news story today about the IRS targeting of “icky” conservative groups:
Internal Revenue Service officials considered imposing a tax on large donations to many tax-exempt political organizations in 2011, recently released emails show, a move that could have disproportionately hurt conservative activists. . .
Establishing such groups as tax-exempt entities is attractive, because it allows organizers to keep donors’ identities secret. Imposing a gift tax on those donations could discourage them, advocates fear. The top gift tax rate was 35% in 2011 and is now 40%.
IRS audits of donors to these tax-exempt entities came to light around May, 2011. At the time, the IRS had sent audit notices to a handful of donors. Word quickly spread among lawyers who handle gift tax matters, because the IRS effort was unusual. The agency generally hadn’t sought to impose the gift tax on donations to tax-exempt groups in at least 20 years, perhaps longer, following an unfavorable court ruling and changes in the law by Congress, according to lawyers and IRS documents…
The Wall Street Journal later reported that all the donors who received audit notices had contributed to a now-defunct conservative entity called Freedom’s Watch[Emphasis added.]
How conveeeenient that only the donors to one organization received audit notices.
But there’s a more fundamental question here: what gives the IRS the authority to change the application of tax law in such a broad way on its own initiative? As the WSJ story explains further:
In May 2011, an attorney in the IRS chief counsel’s office wrote to his superiors that the “plan is to elevate the issue of asserting gift tax on donors to 501(c)(4) organizations,” and seek a decision from the commissioner and the IRS chief counsel.
This is the runaway administrative state in action. Hardly the first instance of this from the Obama Administration. Lawrence Tribe, who is the chief of the “living Constitution” tribe,writes elsewhere in the WSJ today that Obama’s greenhouse gas regulation plan is unconstitutional. (Don’t forget that Tribe thanks Harvard Law student Barack Obama for his research help on one of his most radical articles ever, “The Curvature of Constitutional Space: What Lawyers Can Learn from Modern Physics.” You need to read it, not to believe it.) Anyway, take it away Tribe:
In my view, coping with climate change is a vital end, but it does not justify using unconstitutional means. . . After studying the only legal basis offered for the EPA’s proposed rule, I concluded that the agency is asserting executive power far beyond its lawful authority. . .
Even more fundamentally, the EPA, like every administrative agency, is constitutionally forbidden to exercise powers Congress never delegated to it in the first place. The brute fact is that the Obama administration failed to get climate legislation through Congress. Yet the EPA is acting as though it has the legislative authority anyway to re-engineer the nation’s electric generating system and power grid. It does not. [Emphasis added.]
I don’t think Tribe has any appreciation for how much Obama—an epigone of Woodrow Wilson—thinks taking action without lawful authority or Congressional action is a feature, not a bug. That’s why I highlight “every administrative agency” in Tribe’s quote above. Obama is merely trying to complete Wilson’s ambition of rendering Congress completely subordinate to the president, if not functionally obsolete. This means every administrative agency is now set up to govern on its own. (Phil Hamburger, call your office.) And who might Obama have learned this from (in addition to Wilson)? Why, Tribe and his colleagues at elite law schools. Still, better late than never.

A Model Senator

A Model Senator

BY ANDREW FERGUSON
"In any election,” Tom Coburn often says, “you should vote for the candidate who will give up the most if they win.” All things being equal, we should prefer politicians who have accomplished something in their lives beyond government work—and who are willing to sacrifice it, at least temporarily, to serve the country at a cost to their convenience and comfort. During his 6 years in the House of Representatives and 10 more in the Senate, Coburn has embodied his own principle. He went to medical school after a successful career in business and became an obstetrician when he was 35. He built a lucrative practice in his hometown of Muskogee, Oklahoma. He waited until he was 46 to seek public office, after he’d delivered 4,000 babies. First things first. 
AP IMAGES / THE OKLAHOMAN / NATE BILLINGS
TOM COBURN
AP IMAGES / THE OKLAHOMAN / NATE BILLINGS
Coburn retires from the Senate at the end of this Congress, and we’ll miss him. His résumé makes him an increasingly rare bird in the Washington aviary. Among “antigovernment” Republicans no less than Leviathan-loving liberals, our political ranks brim over with men and women whose careers began in second grade with their first campaign for hall monitor and went on from there, with perhaps a brief detour to law school offering them their closest view of the push and pull of normal commercial life. Coburn calls himself a “citizen legislator,” and the archaic title fits. Single-handed, he restored the phrase “public service” to good repute in Washington, at least for his admirers.He’s done so by being a pest. This is the kindest word we can come up with, though enemies both in and of out of his party prefer surlier tags like crank and headcase. Coburn commandeered every parliamentary maneuver available to a lone senator and used his mastery to slow the Senate down and draw attention to the untoward details of business-as-usual: absurd expenditures, cheap favors for the well-to-do, presidential appointments for dolts and clowns, and every imaginable accounting trick in service of parochial rather than national interests, all of it undertaken on borrowed money. His endless amendments and points of order became a kind of shaming, directed at people who long ago abandoned shame. Coburn trained an outsider’s eye on the work of insiders and delivered the news, usually bad. “If we applied the same standards to Congress that we apply to Enron,” he once said of congressional book-juggling, “everybody here would go to jail.”
But he’s also a gentleman. Much of Coburn’s appeal lies in an apparently bottomless insouciance. (He once mentioned that he was well into college before he even heard of marijuana, which proves that Merle Haggard was right: They really didn’t smoke it in Muskogee.) In his most passionate moments he seemed baffled that the workings of politics and government don’t operate disinterestedly and out in the open, for all to see, as the Founders intended. He spent a fair amount of time in his farewell speech offering apologies. “To those of you through the years whom I have offended, I truly apologize,” he said, though even the sincerest apology couldn’t make him cross his view of the Constitution. “I believe the enumerated powers meant something,” he went on. “When I have offended, I believe it has been on the basis of my belief in Article I, Section 8.” That’s the section listing the things Congress is permitted by the Constitution to do. Senators might want to get staff to look it up. 
A pest and a gentleman and a man of firm principle—but not an ideologue, the off-the-shelf epithet tossed at him by a ditzy press and exasperated colleagues. His pragmatism is another reason he was always worth paying attention to. The lack of ideological rigidity most often served to expose the rigidity of others. When he sponsored a bill to cut agriculture subsidies to people who make more than $1 million a year, he was blocked by the same Democrats who complain that millionaires are undertaxed. When he grudgingly supported the timid tax increases in the Simpson-Bowles deficit-reduction proposal, he was disparaged by Republicans who say our debt is a form of national suicide—but nothing to raise taxes over. Most of the time he was asking his colleagues to put their money where their mouths were. And no one ever caught him in double-dealing or hypocrisy. That cut in agriculture subsidies, for example: It applied to millionaires in Oklahoma too. They voted for him anyway.
After his farewell speech, his fellow senators gave Coburn a standing ovation. We join his countless admirers in the general applause, but we can’t help but wonder: Were the senators cheering his speech or his decision to retire and—finally—leave them alone?

Saturday, December 27, 2014

Special-Ops Representatives

Special-Ops Representatives
A trio of incoming congressmen bring top-notch national-security experience to Capitol Hill.
By Andrew Johnson

Obama enters the 'fourth quarter'

Obama enters the 'fourth quarter'


Entering what he himself calls the “fourth quarter” of his term, President Obama is starting to look at the scoreboard.
Declaring himself “energized” and “excited” by what lies ahead, Obama began his end-of-year press conference with a detour into legacy as he sought to build the case that the country should "enter into the new year with renewed confidence that America's making significant strides where it counts."
The past 12 months were bruising for Obama, with his party badly beaten on Election Day and a series of international crises and domestic policy missteps that battered his approval ratings.
But a flurry of good economic news, a $1.1 trillion budget deal, and a series of executive actions that have energized his liberal base all left the president in a chipper mood — and eager to talk about what he thinks he’s achieved.
The president repeatedly argued that 2014 had been a "breakthrough year" for the country as he prepared to jet off for a prolonged Hawaiian vacation.
"The six years since the [economic] crisis have demanded hard work and sacrifice on everybody's part," Obama said. "But as a country, we have every right to be proud of what we've accomplished: more jobs, more people insured, a growing economy, shrinking deficits, bustling industry, booming energy. 
"Take any metric that you want, America's resurgence is real. We are better off."
The White House has increasingly made moves to promote the president's legacy in recent weeks, with the release of multiple reports touting recent economic gains.
A senior administration official told The Hill earlier this month that economic messaging "will be embedded in everything we do" and "a major part of the story we'll be telling about the past eight years."
The problem for the White House is that public opinion is not yet on its side.
A George Washington University Battleground poll released this week found that 56 percent believed economic conditions were either poor or getting worse. More than three-quarters of survey respondents said they're very or somewhat worried about the current economic climate.
Obama seemed to suggest toward the end of his remarks that the media was partly to blame, telling reporters that he knew their jobs were "to report on all the mistakes that are made and all the bad things that happen, and the crises that look like they're popping."
"But through persistent effort and faith in the American people, things get better," Obama saying, adding that his hope for the new year is that the country could "generate some confidence."
Obama also seemed hopeful that he could reset his oft-strained relationship with lawmakers in the coming year despite the Republican takeover of Congress.
"I'm being absolutely sincere when I say I want to work with this new Congress to get things done, to make those investments, to make sure the government's working better and smarter," Obama said. "We're gonna disagree on some things, but there are gonna be areas of agreement, and we've gotta be able to make that happen."
The president said he expects staff-level discussions with Republican leaders in the coming weeks about a potential framework for corporate tax reform, an area where the White House argues there is the potential to generate new funding for infrastructure.
He declared he was "excited about the prospects for the next couple of years."
Still, the press conference offered reminders of Obama’s looming lame-duck status, and the potential for new crises to permanently sap his power and influence as attention turns to the 2016 presidential race.
He acknowledged the final two years could find him on defense, with Republicans likely to target ObamaCare, consumer protection laws and immigration executive actions. He said he would have to "take into account the issues that they care about."
Still, Obama repeatedly insisted he was "not going to be stopping," a point that was reiterated by ally Organizing for Action, which sent an email under his name titled, “I’m not done.”
"My presidency is entering the fourth quarter," Obama said. "Interesting stuff happens in the fourth quarter. And I'm looking forward to it."

Friday, December 26, 2014

Rand Paul’s Cuba Meltdown

Rand Paul’s Cuba Meltdown 
His mockery of Marco Rubio as “isolationist” reveals Paul as a joke in the foreign-policy arena. 
(Getty Images)

With his enthusiastic support for Barack Obama’s normalization of relations with Cuba, Senator Rand Paul (R., Ky.) again shows that his foreign-policy views are wrongheaded. With his bizarre mislabeling of his views and of those who disagree, Paul shows himself (yet again) to be truly ignorant about foreign affairs. And with his juvenile, nasty, strangely personal attacks on fellow Republican senator Marco Rubio of Florida, Paul shows himself temperamentally unsuited for the presidency.
Rand Paul is no conservative; he’s a quack.
First, as for Obama’s policy change, the in-depth arguments against normalizing relations right now have been superbly laid out by the Washington PostAndrew McCarthyRich Lowry, the National Review Online editorsElliott Abrams, andMark Krikorian, among others. This column won’t rehash all the arguments. Suffice it to say that while there might be some good arguments for asking Congress to modify the economic sanctions against Cuba, establishing “normal” diplomatic relations sends the horrendous message that human rights and liberty are irrelevant — and that we will ignore (or even reward) a half-century of active hostility 90 miles from our shores even though Cuba has never made amends.
In short, one can argue that some forms of economic liberalization might work in Cuba the same way that perestroika did in Russia — to undermine the regime rather than prop it up. But a greater and rightful world power shouldn’t dignify an evil and far lesser power by offering it diplomatic imprimatur free of charge.
Everybody is entitled to be wrong occasionally, of course. If Paul’s error were only that he conflated the embargo with fully normalized relations, while making a free-market argument for lifting the former, it would be one thing. It’s entirely another thing, and bizarre, to completely up-end the meaning of the word “isolationist” and use it as a cudgel against Senator Rubio, who is far less conventionally isolationist than he. This continues a long pattern of Paul demonstrating a real ignorance of basic concepts of defense and foreign policy.
In October, Paul made a speech at the Center for the National Interest in which he outlined what he called a new “conservative realism.” He was clearly trying to shed the label of “isolationist” that has hobbled his stature among large swaths of the Republican electorate. It was a strange performance. His version of “realism,” despite some tough-talking verbiage, amounted to asserting that “the best outcome” America could have achieved in Iraq was “stalemate”; that “our interventions in foreign countries may well exacerbate . . . hatred”; that the world “does not have an Islam problem” but instead a “dignity problem”; that you “can’t solve a dignity problem with military force”; that “we need a foreign policy that recognizes our limits”; that “in the end, only the people of the region can destroy ISIS,” which will happen when “civilized Islam steps up to defeat this barbaric aberration”; that in the Black Sea region we must “achieve a diplomatic settlement that takes into account Russia’s long-standing ties with Ukraine”; and that “though we will not abide injustice, we will not instigate war.” (Will we never “instigate war” to stop injustice? Would Paul have opposed the rescue of Grenada? The ouster of Noriega from Panama? The moral cause of evicting the Communist North from South Korea?)
Taken individually, most (but not all) of those pronouncements might be defensible. Together, they paint a portrait of a man as uncomfortable with American military and diplomatic robustness, and as naïve about the real nature of our enemies, as any senator this side of George McGovern or Barack Obama.
Remember, this is a man who wants to put an end to all foreign aid. Never mind the vast diplomatic advantages that the aid buys us, or the humanitarian problems that at least some aid helps solve. Yet he has the gall to call others “isolationist.”
This is a man who repeatedly has blamed American actions, not jihadist ideology, for having “created the chaos” in the Middle East and for making us “less safe in Iraq.” Really, Senator? Maybe no safer — though many of us would disagree — but less safe? Even more ignorantly, spectacularly so, were his assertions that “there were no WMDs, that Hussein, Qaddafi, and Assad were no threat to us.” No threat at all?
Worse, as I outlined earlier this year, Paul has repeatedly slandered Dick Cheney and even Ronald Reagan with outlandishly absurd lies masquerading as history. Anybody who still thinks Reagan armed Osama bin Laden is so monumentally ignorant and prone to conspiracy theories as to be dangerous.
One could write much more about the perilous loopiness of Paul’s antipathy to American arms and diplomatic robustness, but let’s concentrate on his meltdown concerning Cuba. Alone among potential Republican presidential candidates, Paul wholeheartedly embraced Obama’s prostration to the Castro brothers. Rubio, whose father emigrated from Cuba, quite naturally bristled when asked about Paul’s comments by Fox News’s Megyn Kelly: “Like many people who have been opining, he has no idea what he’s talking about.” Rubio then explained at length what he meant, without mentioning Paul again. It was neither a premeditated attack on Paul nor a deliberately personal one; he was taking aim at the “many people” he thinks are wrong on the issue.
Paul then had a hissy fit. First he took to Facebook with a two-paragraph, full-scale assault on Rubio’s position, including this strange passage: “Seems to me, Senator Rubio is acting like an isolationist who wants to retreat to our borders and perhaps build a moat. I reject this isolationism.”
How, pray tell, is it “isolationist” to take an active stance to penalize another country? Existing sanctions against Cuba don’t isolate the United States; they isolate Cuba in ways that, as the Washington Post has pointed out, have actually worked to keep Cuba’s harms in check. To call American policy “isolationist” means that the United States is retreating behind its own borders, not that we are insisting (with significant, if tacit, support from other nations) that an evil regime remains within its own.
Paul didn’t stop there. Continuing his highly personal attack on Rubio, Paul emitted a series of at least four Tweets, each mentioning Rubio by name, mocking the Floridian and again accusing him of wanting to “build a moat.”
This is the kind of name-calling that middle-school debate-club members resort to, putting down others with snark to hide their own adolescent insecurities. Paul’s tweets were not so much reasoned debate as a variation of “yeah, and so’s your mother!”
Not only is this sort of foolishness unpresidential, it’s unsenatorial. And in an age when Harry Reid has dramatically downgraded the very notion of what it means to “senatorial,” one must work mighty hard to fall short of even the new, lowered standards.
Let’s not forget that Rubio is a Senate colleague of Paul’s, of the same party. And he’s somebody whose background — his life experience, family history, and political views — are profoundly rooted in a Cuban-American milieu that should earn him at least a little respect, even if Paul disagrees with him on points of policy.
But this is part of a pattern with Paul. He seems utterly unable to disagree on any matter involving arms or diplomacy without insulting his adversaries or questioning their conclusions, intelligence, or motives — or all three.
Thus, in Paul’s world, John McCain met with the Islamic State! Cheney started a war to enrich Halliburton! The “war caucus” in the Reagan years, including Reagan’s State Department, supported “radical jihad”!
At least he hasn’t yet called Dwight Eisenhower “a conscious, deliberate, and dedicated agent of the Soviet conspiracy.” (Although Paul did employ a long-time racial provocateur — to put it kindly — who once averred that “John Wilkes Booth’s heart was in the right place” when he assassinated Lincoln.)
Still, enough is enough. Nobody should ever again take seriously any Paulite pronouncements outside of domestic affairs. Months ago I thought he was a menace; now he’s just a joke.
— Quin Hillyer is a contributing editor for National Review Online. Follow him on Twitter: @QuinHillyer.

http://www.nationalreview.com/article/395186/rand-pauls-cuba-meltdown-quin-hillye
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EARTH’S CLIMATE SHOWS 2,000-YEAR COOLING TREND


People who swallow global warming alarmism almost never know anything about the Earth’s climatic history. Next time one of your friends or relatives starts giving you the global warming routine, ask him or her to graph the temperature history of the last 500,000 years. Or 20,000 years. Or 2,000. Trust me: the supposed climate expert won’t be able to do it. Yet putting the modest temperature increase of the latter half of the 20th century into historical context is the first prerequisite of any intelligent evaluation.
From Watts Up With That? comes a report on a new tree-ring study that covers the last 2,000 years. Are tree-ring analyses valid? I don’t know, but the alarmists use them all the time, and they are certainly more reliable over a relatively reasonable time frame like 2,000 years. The study finds that global temperatures have been gradually declining over that time:
In a paper published in the Journal of Quaternary Science, Esper et al. (2014) write that tree-ring chronologies of maximum latewood density (MXD) “are most suitable to reconstruct annually resolved summer temperature variations of the late Holocene.”
The late Holocene is the geologic era in which we are living.
As the international team of researchers from the Czech Republic, Finland, Germany, Greece, Sweden and Switzerland describes it, this history depicts “a long-term cooling trend of -0.30°C per 1,000 years over the Common Era in northern Europe” (see figure below). Most important of all, however, they note that their temperature reconstruction “has centennial-scale variations superimposed on this trend,” which indicate that “conditions during Medieval and Roman times were probably warmer than in the late 20th century,” when the previously-rising post-Little Ice Age mean global air temperature hit a ceiling of sorts above which it has yet to penetrate.
This graph shows the long-term cooling trend as well as the relatively wide variations on smaller time scales. Click to enlarge:
esperetal2014b
This finding is consistent with other studies indicating that the Earth is currently cooler than it has been about 90% of the time since the end of the last Ice Age. So, could it get warmer? Yes, and with any luck, it will.

Thursday, December 25, 2014

A Dictator’s Best Friend

A Dictator’s Best Friend
Obama throws our adversaries a lifeline.
By Matthew Continetti

As Vermont Goes . . .

As Vermont Goes . . .
The Green Mountain State’s liberal governor has pulled the plug on single-payer.
By John Fund

Wednesday, December 24, 2014

TEENAGER SHOT IN MISSOURI: SO WHAT?


One of this morning’s big news stories is the fatal shooting of 18-year-old Antonio Martin by a policeman in Berkeley, Missouri–a place that, the Associated Press tells us helpfully, is “just a few miles from Ferguson.” The Antonio Martin shooting is currently the top story on Google News, and it is being headlined on pretty much every newspaper’s website.
But why? What makes this a major news story? The Michael Brown and Eric Garner stories that preceded it, obviously. But what made them worldwide news? Or, to go back in time, what made the Trayvon Martin case a cause célèbre, commented on by the President of the United States and followed breathlessly by millions?
The Antonio Martin case won’t be as big a story as Brown’s and Garner’s deaths. Rather than being your typical “unarmed” 300-pounder, Martin apparently pulled a 9 mm. pistol on the policeman who responded by shooting him. But every shooting of a civilian by a police officer is now deemed an important news story–with the critical qualification that the civilian, but not the officer, be black.
Are these shootings worldwide news because of an epidemic of racist murders being carried out by American policemen? That is what Eric Holder, Bill DeBlasio and Al Sharpton would have us believe. But it obviously isn’t true. Heather Mac Donald writes:
Police killings of blacks are an extremely rare feature of black life and are a minute fraction of black homicide deaths. The police could end all killings of civilians tomorrow and it would have no effect on the black homicide risk, which comes overwhelmingly from other blacks. In 2013, there were 6,261 black homicide victims in the U.S.—almost all killed by black civilians—resulting in a death risk in inner cities that is ten times higher for blacks than for whites. None of those killings triggered mass protests; they are deemed normal and beneath notice. The police, by contrast, according to published reports, kill roughly 200 blacks a year, most of them armed and dangerous, out of about 40 million police-civilian contacts a year. Blacks are in fact killed by police at a lower rate than their threat to officers would predict. In 2013, blacks made up 42 percent of all cop killers whose race was known, even though blacks are only 13 percent of the nation’s population. The percentage of black suspects killed by the police nationally is 29 percent lower than the percentage of blacks mortally threatening them.
These stories about the killings of African-American men by police officers (or by a “neighborhood watch captain,” in Trayvon Martin’s case) are all what my long-time radio and podcast partner Brian Ward calls “stories of choice.” They are plucked from a nearly endless supply of sad events that occur daily in a nation of 315 million, and are promoted because they further a political narrative. An unholy alliance of activists and newspaper reporters and editors tries to distort our perception of reality by giving undue emphasis to them. Then, of course, reality begins to catch up with perception, and we have riots, murders of police officers, and so on. But understand that the decision to promote these stories, in preference to others that are equally or more newsworthy, is a choice that is consciously made by people with a political agenda.