Free Markets, Free People

Ethics

Of “Greed” and “Fairness”

One of the reasons we’ve reached a tipping point between freedom and welfare statism is because much of the country pays no taxes and increasingly the burden of taxes is being shifted to a smaller and smaller percentage of the population. Now I’m not a tax advocate by any stretch. But it is obvious we’re not going to be able to avoid them, especially with this new crowd in town who wants to tax just about everything.

But back to the point – if you’re not paying taxes, but the government is taxing others to your benefit, why wouldn’t you want more stuff? Oh I know the moral argument and I agree with it. What I’m describing is a dynamic which plays on human greed. It’s funny, we hear politicians talk about the “greed” of Wall Street, or the “greed” of big oil or the “greed” of big pharma.

But what is never discussed is the “greed” of those who don’t pay taxes but demand more benefits paid for by others. Or how politicians have “incentivized” that greed.

How ridiculous has it gotten?

Check this chart out:

tax-burden

Yes, that’s right – the top 1% pay more taxes than the bottom 95%. And the plan is to have them pay even more as this health care boondoggle comes on line.

So the next time you hear your favorite “progressive” begin their “greed” or “fairness” nonsense, show them this chart. If that doesn’t shut them up, nothing will.

~McQ

The Transparent Administration – Part II

I noted the other day that the Obama administration was hiding its revised budget numbers from the public until August. Obviously, in light of the push to pass health care legislation, they don’t want anymore bad news out there than the CBO has already delivered. And, of course, there’s no doubt that had the news been good, they’d have fallen all over themselves to publish it.

That brings us to our “transparency” moment today. This will probably ring a familiar bell:

Obama administration officials have rejected a watchdog group’s request for a list of healthcare industry executives who’ve been meeting secretly in the White House with Obama staffers to discuss healthcare changes being drafted there and in Congress.

According to the Citizens for Responsibility and Ethics in Washington, which is suspicious of the influence of health industry lobbyists and company officers, it received a letter from the Secret Service citing an Obama Justice Department directive and denying access to visitor logs under the “presidential communications privilege.”

Sound familiar?

Of course it does. But since Darth Cheney and the evil oil executives weren’t involved, my guess is it will hardly make a ripple among lefty critics of the Bush administration.

Promises, promises, this guy was all about promises, remember?

The Problem

Lobbyists Write National Policies: For example, Vice President Dick Cheney’s Energy Task Force of oil and gas lobbyists met secretly to develop national energy policy.

Secrecy Dominates Government Actions: The Bush administration has ignored public disclosure rules and has invoked a legal tool known as the “state secrets” privilege more than any other previous administration to get cases thrown out of civil court.

But you know, the new guy would never do that. He promised!

And you remember the criticism from Democrats and the left about Bush and his signing statements?  Well, guess what?

Congressional Democrats warned President Barack Obama on Tuesday that he sounded too much like George W. Bush when he declared this summer that the White House can ignore legislation he thinks oversteps the Constitution.

In a letter to the president, four senior House members said they were “surprised” and “chagrined” by Obama’s statement in June accompanying a war spending bill that he would ignore restrictions placed on aid provided to the World Bank and International Monetary Fund.

The rebuff was reminiscent of Bush, who issued a record number of “signing statements” while in office. The statements put Congress on notice that the administration didn’t feel compelled to comply with provisions of legislation that it felt challenged the president’s authority as commander in chief.

Democrats, including Obama, sharply criticized Bush for his reliance on the statements. Obama said he would use them sparingly and only if authorized by the attorney general.

Hope and change.

~McQ

Health Care Reform – The Moral Argument Against

Joseph C Phillips writes an excellent post at Big Hollywood addressing the health care issue (it’s a comparison between Canada’s system and ours which goes beyond just the obvious differences). In it, he gets to the moral essence of what those who want the type of reform Democrats are promising are really asking for. It is, as you’ll see, a damning review:

I must remember to share this article with my friend Bryan. Bryan is a cancer survivor. I have had friends that have lost their battles with cancer so his continued presence on this earth is a great joy to me and a fact of which I am sure he is also no doubt ecstatic. Bryan is particularly interested in the current state of health care costs because his insurance paid for what he terms a “measly portion” of his treatment- he is currently burdened with the cost of what his insurance did not cover. He simply can’t afford the astronomical cost. His complaint is echoed by many clamoring for nationalized healthcare. What remains unclear is under what moral principle one man can demand that others pay for his healthcare and whether any policy not firmly grounded in a moral truth can be just.

Bryan’s story perfectly illustrates the truth that the rising cost of healthcare has coincided with the rising quality of healthcare. It is true that not too long ago he would have paid considerably less for his cancer treatment. The bad news is that he would not have been around long enough to spend his savings. New drugs and new technologies lengthened his life as it they have for hundreds of thousands of others. Progress comes with a price tag.

Bryan was not denied care. In fact no one in America is denied healthcare. He had insurance and he has an income with which to pay what the insurance didn’t cover. The fact is– he would much rather spend his money on something else other than hospital bills reaching into the thousands of dollars. What better solution than a system where cancer treatment is paid for by someone else? He may be interested to learn that the U.S. ranks first in the world in cancer survivor rates and that breast cancer survivors in Canada have filed a class action suit against several hospitals that forced them to wait 12 weeks for radiation therapy. Obviously neither Bryan nor other national healthcare advocates want to wait in lines or have others decide if they are to live or die. What they want is someone else to foot the bill even if children receiving a public education must suffer.

Those three emphasized lines are the crux of the battle. On one side, you have people who want the care but want someone else to pay for it. They’d like to call that “fairness” because they can’t afford (or don’t want to pay) the cost of the care necessary to save their lives. On the other hand, we have costly treatments being developed that save the lives of people who previously wouldn’t survive the disease. Those who develop and administer those treatments want to be paid what they’re worth. That is the incentive that drives further research and development of advanced treatments.

How, morally, do you demand others pay for your health care problems? We’d all scream and holler if we were required to help pay for our neighbor’s roof if it was damaged in a storm. Through no real fault of his own, his roof was damaged. And insurance only paid a portion of it. Would we accept the idea the government has a moral right to take our money to pay for his roof?

Of course not. We might help him voluntarily or we might not, figuring it was his responsibility to plan and save for such an eventuality. But we’d certainly never accept the premise that government had any moral right to demand we pay for our neighbor’s roof. Yet with health care, that premise remains front and center.

Phillips hits the nail right on the head when he notes his friend Bryan would “much rather spend his money on something else other than hospital bills reaching into the thousands of dollars.” Of course he would. So would we all. But that still begs the question of what moral right we have to obligate others to that duty? Notice I didn’t ask how we do it “legally”. As Nazi Germany and the Soviet Union should have taught us, the immoral can be made legal at the stroke of a pen.

The Democrat’s solution, of course, is to declare what Bryan wants to be a “right”. What it would really be is a legal privilege granted and enforced by the coercive power of the state. Morally, it would be no different than declaring that every citizen has a “right” to a sound roof and legally making it the obligation of every other citizen to pay to ensure that “right” is fulfilled.

We wouldn’t stand for that. Yet we’re watching that exact immoral premise being approvingly considered by a portion of the population which has no problem with the coercive obligation of their fellow citizens to their selfish wants in the name of “fairness”.

~McQ

Rationing Health Care

Peter Singer has popped up again and he engages in telling us a simple truth about health care – no matter what system you have, health care will be rationed.  Well, for those of us who understand supply and demand we’ve always known health care would be rationed.  When you have 800,000 doctors in a country of 300 million, it isn’t really that difficult to figure out.

However, that’s really not Singer’s point.  If you read through his multiple page piece, you’ll find that he is of the opinion that government bureaucrats would be much better at rationing than would private bureaucrats.  And he attempts to make his point by selectively offering facts that will back his position.

But this amazing paragraph pretty much represents where he believes we must go with our health care reform (and indications are our politicians implicitly agree given the goals they’ve set for “reform”):

Of course, it’s one thing to accept that there’s a limit to how much we should spend to save a human life, and another to set that limit. The dollar value that bureaucrats place on a generic human life is intended to reflect social values, as revealed in our behavior. It is the answer to the question “How much are you willing to pay to save your life?” — except that, of course, if you asked that question of people who were facing death, they would be prepared to pay almost anything to save their lives. So instead, economists note how much people are prepared to pay to reduce the risk that they will die. How much will people pay for air bags in a car, for instance? Once you know how much they will pay for a specified reduction in risk, you multiply the amount that people are willing to pay by how much the risk has been reduced, and then you know, or so the theory goes, what value people place on their lives. Suppose that there is a 1 in 100,000 chance that an air bag in my car will save my life, and that I would pay $50 — but no more than that — for an air bag. Then it looks as if I value my life at $50 x 100,000, or $5 million.

Frankly, this paragraph should make your skin crawl. Because what Singer is doing here is presuming we all accept that others, those nameless bureaucrats he’s so fond of if they happen to be from the government, now have the job (and duty) to decide what your life is worth. Not you. Not your family.

No, what Singer proposes is reducing your life to an arbitrary worth beyond which “they” are not willing to pay to save it. Whether you are or not is apparently not a factor in such calculations.

Singer goes on:

Nevertheless this approach to setting a value on a human life is at least closer to what we really believe — and to what we should believe — than dramatic pronouncements about the infinite value of every human life, or the suggestion that we cannot distinguish between the value of a single human life and the value of a million human lives, or even of the rest of the world. Though such feel-good claims may have some symbolic value in particular circumstances, to take them seriously and apply them — for instance, by leaving it to chance whether we save one life or a billion — would be deeply unethical.

“Deeply unethical” for whom? Certainly not the person with the desire and means to do what they feel is necessary to extend their life or the life of a loved one. They, of course, would value human life above the arbitrary level which Singer and “economists” calculate.

But Singer’s premise here is they shouldn’t have that right. Because other’s don’t have the same opportunity. It would be “deeply unethical” for some to be able to “buy” what others can’t afford. So instead, the ethical thing to do is have everyone held to the economically calculated standard, whether they have the means and desire to do otherwise or not.

Of course we can argue this philosophically for decades, but the point remains that rationing is a feature of any health care system. What isn’t a feature of every health care system is choice. What Singer is actually proposing is taking the choice that now exists in our health care system away and putting everyone under the arbitrary rationing guidelines calculated by government.

He says as much in his next paragraph:

Governments implicitly place a dollar value on a human life when they decide how much is to be spent on health care programs and how much on other public goods that are not directed toward saving lives. The task of health care bureaucrats is then to get the best value for the resources they have been allocated. It is the familiar comparative exercise of getting the most bang for your buck.

The best bang for “your” buck? It’s no longer “your” buck at that point. It is the government’s buck and you have no choice in how it will be spent or “saved”. You will, however, be on the receiving end of any decision.

And where that leads (and where Singer was going with all of this to begin with) is found here:

As a first take, we might say that the good achieved by health care is the number of lives saved. But that is too crude. The death of a teenager is a greater tragedy than the death of an 85-year-old, and this should be reflected in our priorities. We can accommodate that difference by calculating the number of life-years saved, rather than simply the number of lives saved. If a teenager can be expected to live another 70 years, saving her life counts as a gain of 70 life-years, whereas if a person of 85 can be expected to live another 5 years, then saving the 85-year-old will count as a gain of only 5 life-years. That suggests that saving one teenager is equivalent to saving 14 85-year-olds.

Pretty darn predictable, no? This is the logical end of Singer’s rationing policy. Utilitarian calculation based on arbitrary worth. And the inevitable decision to ration in such a way as to deny the elderly because they just aren’t “worth” it anymore.

And that, per Singer, would be very ethical.

Trust me, those collectivist premises are what will drive government run health care’s rationing. Given the goals (more coverage, less cost) they must. Choice will eventually be driven out of the system and, as they must, bureaucrats will decide how long you will be allowed to live.

Count on it.

~McQ

When It Comes To Covering Obama, The Media Stinks

They’re worse than a star-struck 16 year old girl screaming her lungs out on a rope line when it comes to Barack Obama. From Chris Matthews “thrill up my leg” to Newsweek editor Evan Thomas’s “he’s sort of God”, they’ve been so deep in the tank they’d have to undergo decompression to surface.

Some within the “journalistic community” are beginning to notice. Phil Bronstein points out “according to a new Pew Research Center poll, we are behaving…like fans”

Ya think?

It has been pathetic.

A recent and ongoing example of this continuing problem is the fictitious job “created and saved” claims the president has been making recently.

Any grade-school science student knows that non-falsifiable claims have no validity. Period. There is no metric through which “saved” jobs can be measured. None.

I mean, even a Democratic politician has figured it out:

The administration is playing a shell game with its “saved or created” job claims. Sen. Max Baucus, D-Mont., chairman of the Senate Finance Committee, said as much to the tax-challenged Timothy Geithner at a March hearing.

“You created a situation where you cannot be wrong,” Baucus told Geithner. “If the economy loses 2 million jobs over the next few years, you can say yes, but it would’ve lost 5.5 million jobs.”

So how has the media handled this? By faithfully parroting the numbers with absolutely no scrutiny. They report these non-falsifiable numbers as having validity. With 9.4% unemployment, the highest in 25 years, Obama’s 150,000 “saved or created” jobs sailed through the media without challenge.

The Wall Street Journal is one of the few media outlets that is questioning the validity of the president’s numbers. And it also points out the obvious over and above that:

It’s true that almost any government spending will create some jobs and save others. But as Milton Friedman once pointed out, that doesn’t tell you much: The government, after all, can create jobs by hiring people to dig holes and fill them in.

The Journal quotes Tony Fratto, a former official of the Bush administration, about the MIA MSM:

“You would think that any self-respecting White House press corps would show some of the same skepticism toward President Obama’s jobs claims that they did toward President Bush’s tax cuts,” says Mr. Fratto. “But I’m still waiting.”

Well, don’t hold your breath Mr. Fratto – I certainly don’t think we’re going to see the decompression chamber in use any time soon.

IBD clues us in on some other numbers floating around out there:

Monday’s announcement of a new and improved stimulus is just old wine in new bottles. In the first 100 days of the stimulus, some $44 billion was spent as jobs continued to hemorrhage. Now we’re asked to do more of the same and expect different results.

Obama’s 600,000 figure includes 125,000 temporary summer youth jobs and is based on economic projections, not an actual count. The only thing you can accurately count is the number of Americans working — and that’s going down fast.

You can just imagine how this will be reported. My guess is just as the White House press release frames it.

Pathetic.

~McQ

Part 3: Whelan Figures It Out …

And apologizes to Publius for doing something he shouldn’t have done and can’t undo:

On reflection, I now realize that, completely apart from any debate over our respective rights and completely apart from our competing views on the merits of pseudonymous blogging, I have been uncharitable in my conduct towards the blogger who has used the pseudonym Publius. Earlier this evening, I sent him an e-mail setting forth my apology for my uncharitable conduct. As I stated in that e-mail, I realize that, unfortunately, it is impossible for me to undo my ill-considered disclosure of his identity. For that reason, I recognize that Publius may understandably regard my apology as inadequate.

Publius responds:

Ed Whelan has written both publicly and privately and apologized. I know it was not an easy thing to do, and it is of course accepted. I therefore consider the matter done, and don’t intend on writing about it anymore.

Hat tip to Whelan for apologizing and making it public. That took some courage.  And to Publius for the gracious acceptance. Lesson?

You don’t get to decide whether or not the privacy concerns of another are legitimate (unless very specific types of exceptions are extant – “shouting fire in the theater” type) – that’s why we talk about privacy rights. It appears Whelan has finally figured that out.

~McQ

Whelan/Publius – Round 2

I enjoy analyzing arguments. Not two people shouting at each other mind you, but arguments people make to support their positions.

Yesterday I posted about Ed Whelan of NRO outing Publius of Obsidian Wings (no, I’m not going to use Publius’s name). I found it to be a very juvenile reaction to what appeared to me a fairly typical blog war – someone wrote something, another disagreed, and they went back and forth hammering each other’s arguments. But in terms of provocation that might warrant what Whelan did, I found nothing.

Simon Owens, at Bloggasm, contacted each of the parties involved and talked to them about what had happened. If you’ve read each of their blog posts, the reasons given are mostly a recapitulation of those. However there were some other interesting arguments used, one of which I found very wanting.

Ed Whelan:

Whelan even objected to the term “outed,” which has been used by many (including me) to describe what he had done to Blevins. “I think the word ‘outed’ confuses understanding here. I think people are drawing on the ugliness of identifying that someone is homosexual. In this context, to say I outed publius, well publius doesn’t exist. I identified who’s hiding behind publius. I think to identify someone who is blogging behind a pseudonym is very different than exposing some private aspect of a person’s life. I think that the term outing confuses things.”

I don’t think it confuses anyone but Ed Whelan. He claims that publius didn’t exist.  But neither did the person pretending to be straight. In the case of the homosexual, both personalities may have had the same name, but one of them certainly doesn’t exist in reality.  It is a pseudo-personality. Outing is a completely apropos description of what Whelan did and nonsense such as this argument is just epic rationalization in an attempt to justify the unjustifiable.

Publius makes the argument that he’s not really anonymous, but is instead an established personality with a reputation. And the reputation, achieved while writing under that name and on that blog is of value to him and something he doesn’t take lightly.

“It’s one thing for an anonymous commenter to come in and just be a flame thrower, but what I do is I write pseudonymously, and I have a reputation of my own. It’s an online reputation. It’s a reputation that I care about, that I’ve invested a lot in, and I don’t want to be embarrassed in the blogosphere. I try to think through my arguments. To say there’s no real world effect, I don’t agree with that, because if I write something stupid, I’m going to get called out for that. In fact, I have written stupid things and I got called out and it affected my reputation. So I do have some reputational incentives to be honest, to be respectful in all these things.”

Given that, the arguments on both sides should have been dealt with on their merits and nothing else.

Whelan opines:

“A law professor should especially be held to minimal standards, and I was surprised that this guy was a law professor given the poor legal understanding of his posts. Let me be clear, I have no objection to bloggers who want to hide behind pseudonyms, but if someone is hiding behind a pseudonym to take cheap shots at me, I don’t think I owe him any favors.”

And outing him did what to enhance Whelan’s arguments or counter those of Publius?

Zip. Zero. Nada. Nothing.

The fact that Whelan’s outing of Publius added nothing of weight to his arguments nor took away from those of Publius smacks of petty vindictiveness. He knew he could hurt Publius by doing something to him that Publius had carefully avoided over the years. In a word it was petty. Juvenile. Something a 10 year old would do.

The more I read Whelan the less I care for him. He may be a heck of a bright guy intellectually, but socially and ethically he’s still in grade school.

~McQ

Anonymous Blogging and Outing (Update)

There’s a bit of a kerfuffle rippling through the sphere today (which means, of course, that most of us are going to comment). Ed Whelan, who blogs over at NRO has outed Publius who blogs at Obsidian Wings.

There seem to be mixed feelings as to whether what Whelan did is “ethical” or not. In terms of ethics, we’re essentially talking about right and wrong. Is it right or wrong to reveal the name of an anonymous blogger?

And the answer?

Well, it depends. It depends on what action by the anonymous blogger might drive such a decision by another blogger. I’m sure if I thought long and hard enough I could come up with a few that I think would justify doing so. But one of them wouldn’t be because some blogger had been “biting at my ankles in recent months.”

I’m sorry but that comes with the territory of blogging.

Heat. Kitchen. Either grow a thick skin or quit blogging.

If you are going to write and post publicly, and if you have any prominence whatsoever, someone is going to bite at your ankles. But that certainly isn’t a good reason to out someone who, for whatever reason they may have, has chosen to remain anonymous by using a pseudonym.

Oh sure, you can flog him or her for not having the gonads to use their real name and come out from behind the screen and stand by what they say (and that has some validity as an argument), but you don’t just decide you have the right to violate that person’s privacy because you’re annoyed.

For years I was simply “McQ” on the net and the blog for various and sundry privacy reasons. Certainly there were those who knew who I was, but they too respected my decision to maintain my anonymity. And that included people I annoyed on a regular basis. The decision to use my real name was mine and mine alone. As it so happens, I decided that if I wanted to be taken more seriously I should be willing to sign my work with my real name.

I find Whelan’s outing of Publius to be very bad form -unethical- especially for the reason given. If I had a nickel for every anonymous ankle biter I’ve endured for years, I’d be retired. The trick in dealing with them is not to do something as juvenile and “ethics challenged” as violating their privacy, but instead by making tight and considered arguments which leave them little room for rational criticism. At that point they usually do one of two things – go irrational and begin the inevitable descent into ad hominum attacks or go away.

What Whelan just did instead was create a martyr and become the bad guy.   And his poor judgment in this case ends up hurting his own credibility while adding at least sympathetic weight to his antagonists arguments.

Many people on the internet want anonymity for a variety of reasons. Certainly some abuse it. But the unspoken rule of netiquete is you don’t reveal another’s private information publicly over some silly disagreement – ever. Whelan did exactly that and for that act, deserves all the condemnation he’s now receiving.

UPDATE: Whelan is obviously unfamiliar with the First Law of Holes:

A blogger may choose to blog under a pseudonym for any of various self-serving reasons, from the compelling (e.g., genuine concerns about personal safety) to the respectable to the base. But setting aside the extraordinary circumstances in which the reason to use a pseudonym would be compelling, I don’t see why anyone else has any obligation to respect the blogger’s self-serving decision. And I certainly don’t see why someone who has been smeared by the blogger and frequently had his positions and arguments misrepresented should be expected to do so.

Of course the desire for privacy is always “self-serving”. Why that is a justification for outing someone remains a mystery. Whelan, however, thinks he has the right to be the sole arbiter of what is or isn’t a “compelling” reason.

Few reasonable people are going to buy into that bit of illogic. If, as Whelan admits, a person can have a compelling reason for privacy, where does someone like Whelan derive the right to determine it isn’t compelling enough?

~McQ

I Don’t Think That Means What He Thinks It Means

Dan Neil, an LA Times entertainment writer, takes this lesson from the GM bankruptcy:

The final chapter of that merger plays out this week as GM weathers a reorganization that will leave the federal government owning 70% of the company. In the midst of the deepest recession since the 1930s, it’s hard not to see GM’s bankruptcy as a signal moment in a larger history. If mighty GM can fail, cannot also the United States? And the answer is, absolutely.

This is the lesson of GM’s bankruptcy, and it has little to do with market share and miles per gallon. It’s a rebuff of the notion of exceptionalism. Any organization that fails to sufficiently safeguard its means of self-correction and reform, that forsakes long-term investment for short-term gain, that piles up debt year after year, will eventually fail, no matter how grand its history or noble its purpose. If you don’t feel the tingle of national mortality in all this, you’re not paying attention.

While I essentially agree with the thrust of his point, I don’t think the term “exceptionalism” as it is used when speaking of America, has anything to do with flouting the laws of economics. They are called “laws” for a reason, and no one has yet to find an “exception” to them. We have, however, discovered over and over again that attempts to make exceptions to them fail miserably.

The exceptionalism most speak of when they use the term in conjunction with America has to do with law, ethics and philosophy of life – the foundations of the country that make it exceptional. But economics? Of course we can “fail” if we do the stupid things we’re doing. And, unfortunately, we seem bound and determined right now to prove that point. But that has nothing to do with our “exceptionalism”.

~McQ

“Transparancy” Apparently Trumps The 1st Amendment

From the White House Blog in an entry written by Norm Eisen, special counsel to the president for ethics and government reform in “the spirit of transparancy”:

… [T]he President’s March 20, 2009 Memorandum on Ensuring Responsible Spending of Recovery Act Funds. Section 3 of the Memorandum required all oral communications between federally registered lobbyists and government officials concerning Recovery Act policy to be disclosed on the Internet; barred registered lobbyists from having oral communications with government officials about specific Recovery Act projects or applications and instead required those communications to be in writing; and also required those written communications to be posted on the Internet.

However, a couple of changes have been made, among them:

First, we will expand the restriction on oral communications to cover all persons, not just federally registered lobbyists. For the first time, we will reach contacts not only by registered lobbyists but also by unregistered ones, as well as anyone else exerting influence on the process. We concluded this was necessary under the unique circumstances of the stimulus program.

So thinking this through, could “anyone” include a TV or print reporter asking an oral question to a government official concerning Recovery Ac Policy? Or a particular Recovery Act project that might impact their viewership or readership? Is it possible the information provided, if government officials are subjected to such oral scrutiny, might end up “exerting influence on the process”?

How about a concerned citizen who happens to be a blogger?

Doesn’t this give government officials the cover to duck such oral inquiries?  How does that enhance transparency?

And ultimately, doesn’t this smack of a wee bit of a conflict with the 1st Amendment (free speech, free press, the right to petition government)?

And if “the unique circumstances of the stimulus program” are enough to limit 1st Amendment rights, per this paragon of “ethics and government reform, what other “unique circumstances” might be cited in the future to do the same sort of thing, given the precedent this sets?

As Mark Tapscott says:

This is the Camel’s nose under the tent, being poked because of special circumstances.

Carter Wood notes:

“Lobbyists and organizations that lobby complained that the White House’s restrictions on lobbying on stimulus fund projects were discriminatory and unfair because the same restrictions didn’t apply to people like corporate executives or officials. So these memorandumly noted changes address that fairness issue by expanding the ban on orally petitioning the government or expressing one’s views through speech. In the interests of transparency the First Amendment must be sacrificed.

“The restrictions are also ambiguous enough that a lobbyist or other petitioner won’t be sure how to fully comply. So if someone runs afoul of White House officials, a phone call to a news outlet or a friendly prosecutor can punish the offender. Ambiguous rules plus capricious application equals negative rule of law.”

The only transparency in this process is the fact that the White House is telling you the rule. But the rule then precludes oral questioning which might make the process even more transparent. If even the remote possibility exists that such communication might “exert influence on the process” then it is prohibited.

The White House’s apparent intent is to run a transparent process. The result is overreaching by the executive branch with poorly thought through restrictions on speech that are seemingly unconstitutional. The problem is they obviously don’t feel that to be the case. Or if they do, they think they should have the right to restrict certain forms of communication between government and anyone they decide if “unique circumstances” are existent (guess who get’s to determine whether they are or not?).

Frankly that should bother you.

However, fear not – I’m sure those that continually cited the Bush administration for alleged expansion of executive power will be among the first to address this obvious abuse of Constitutional power and call for an immediate revocation of the rule.

~McQ