What to make of this trend? I think Oklahoma got the 10th Amendment push-back ball rolling, Montana advanced the ball several yards, Texas got into the game recently (albeit, too glibly), several other states are getting their shots in, and now North Dakota takes it’s turn.
The resolution in the North Dakota legislature asking the federal government to begin recognizing the 10th amendment and to stop overreach into state matters, the one the Fargo Forum wrote off as being part of a “secessionist movement, has passed in the Senate. By a strictly party-line vote, unfortunately, meaning not one Democrat in the legislature had enough respect for the sovereignty of North Dakota to vote for it.
The resolution now goes to the House, where I expect it will also pass. Also, I’m guessing, by a strictly party-line vote. Which, if it happens, would be a small bright spot in an otherwise dim legislative session. It takes a certain level of conviction for politicians to vote for a resolution like this one. Would that the Republicans voting for it now had the courage of those convictions when faced with legislation that grows spending and government in the state.
At Say Anything, Rob Port has a copy of a state Senator Joe Miller‘s speech in support of the resolution from the Senate floor. I recommend you go there and read it.
Combined with some Governors rejecting portions of the stimulus funds, and the Tea Parties breaking out all over the country, I’d say it’s a good sign that people are finally telling Washington to take a hike. Personally, I would say that both Porkbusters and the Sunlight Foundation are owed some credit as well, but either way it’s about time that the federal government was reminded of its place. Granted, it’s a fairly small reminder, but maybe one that can be built upon.
So where does all of this lead anyway. Is there any hope that all of this momentum will lead to less federal government interference? How about some support for repealing the 17th Amendment? I’d like to think that it will end up reducing the size of government (i.e. electing fiscally conservative representatives who will cut taxes and greatly slash spending), but once that horse left the barn, the barn was burned to the ground and a giant spending dance was done on the smoldering ashes. Nevertheless, is there some small ray of hope that the states will rein in our profligate Congress?
I have to admit to some surprise in seeing Michael’s post on torture below. QandO has been pretty much opposed to the use of torture, and we’ve taken some heat for it every time the subject has come up. But, once you open up a libertarian blog to others to write for it, and tell them to feel free to write their own opinions without prejudice or favor, then, before you know it, they go off getting ideas of their own, disagreeing with you, and generally acting with an outrageous sense of independence.
What’re you gonna do?
I understand the attraction of torture, both on utilitarian grounds, and in terms of what I will call “emotional reciprocity”, so I won’t re-cover Michael’s arguments, tendered, as they are, more inquisitively than asseveratively.
When I speak of “torture”, I want to be sure that we all have the same thing in mind when I use the word. So I will define it here as the intentional application of physical pain, accompanied by the possibility of permanent injury, scarring, derangement, or death. This will, I think, encompass the entire spectrum pf physical discomfort comfort from beatings to anything else more severe. I specifically reject a definition of torture that includes psychological pressure, such as putting a particularly nasty-looking beetle in the cell of a prisoner who’s afraid of bugs. I also reject questioning methods as sleep deprivation for a couple of days, or discomfort from keeping the air conditioning too low as torture. These things might be unpleasant, but they are not physically or mentally harmful in any significant sense.
It’s possible to construct any number of scenarios in which torture is acceptable–perhaps even moral. But that doesn’t negate the general rule that torture is, in fact, wrong.To continue, I would then proceed to the question, “Is torture always wrong?” Well, that’s a silly formulation of the question. In every human action, context matters. I think there is general agreement that lying is generally wrong, yet if a terrified woman approaches us and pleads for us to hide her from a crazed stalker who intends to kill her, I think there is also general agreement that if the stalker subsequently approaches us, we would have a positive moral duty to lie to the stalker and deny any knowledge of her whereabouts. There might also be general agreement that lying has a social purpose at times, in the sense that the answer to the question “Does this dress make me look fat?” is pretty much always, “No.”
In light of the above, it’s possible, then, to construct any number of scenarios in which torture is acceptable–perhaps even moral. But that doesn’t negate the general rule that torture is, in fact, wrong, in the widest range of circumstances. If we actually believe in all that stuff about “inalienable rights”, then certainly the right not to have hot needles shoved under our nails is one of them.
Beyond that, however, we enter a terrifically complicated area, when we begin to discuss giving the government the power to have recourse to torture as a matter of policy. As a practical matter, it is nearly impossible to construct a system in which any official sanction to torture will not inevitably spiral out of control. Once a set of rules is in place–any set of rules–there will inevitably be torture imposed on anyone on whom an official wishes to impose it. Officials will ensure that the rules will apply to the persons they wish to torture. Sure, the guy may look like an innocent Kabul taxi driver, but there will always be an official who “knows” better, and who will ensure that all the proper boxes are checked before the flensing knives are brought out.
We have elaborate rules, for instance, covering the issuance of search warrants, and severe criminal and civil sanctions for their abuse, yet, oddly enough, police agencies fairly routinely deliver no-knock drug warrants on innocent homeowners, which, not infrequently, result in homeowners or policemen getting shot. Or in the case of 90 year-old Kathryn Johnson in Atlanta several months ago, police just ignore those rules, and seek to provide creative ex post facto justifications. In that case, of course, we learned that such actions were not at all uncommon in portions of the Atlanta PD.
It is nearly impossible to construct a system in which any official sanction to torture will not inevitably spiral out of control.Providing legal sanction to use torture invites similar overzealousness on the part of officials. Moreover, if the government can point to some cases of torture’s utility, the pressure to increase the range of acceptable subjects will inevitably increase–just as the drug war has increased the incidence of no-knock warrants being issued to “take down” non-violent drug offenders. And, frankly, we haven’t done a very good job of guarding the slippery slope in these and similar areas of government activity.
That doesn’t make me sanguine about giving the government the legal sanction to engage in torture, especially in an environment where heathen foreigners will be on the receiving end of it, and their redress in case of mistakes are…limited. That seems to me to have all the element necessary for an unconscionable abuse of power.
Now, let’s look at the question of whether torture works. That answer to that is, yes, but not reliably. There are a number of celebrated cases in World War II where French or Yugoslav partisans were captured by the Germans, turned over to the Gestapo, and essentially tortured to death without telling the Germans anything. We also have, conversely, literally thousands of “confessions” of witchcraft during the Inquisition, extracted under torture.
What does that tell us? Well, nothing really that we didn’t already know, which is that if you wish to get a suspect to talk, 220 volts to the genitals will probably work better than a medium-rare steak au poivre with shallots, and a robust glass of Côte de Nuits.
Whether the subject can be relied upon to tell you the truth, or just what he thinks you want to hear, is more problematic. Torture can work–by which I mean you can receive reliable information from it– through the following iterative process:
1) The subject can be induced to talk through physical pain. You can eventually get someone to tell you something, if enough torture is applied. To ensure that something is useful,
2) You must be able to verify the subject’s information in whole, and provide…correction if any part of the subject’s statement appears to be untrue.
You must be able to repeat the above steps until the subject is convinced of your ability to verify his statements and punish evasions or subterfuges. This can, needless to say, become an elaborate process. If you can’t go through the process, then you don’t really know if you’re getting reliable information from it, or if the subject is shining you on to obtain relief. Perhaps he’s telling you the truth. Perhaps he’s just getting you to look askance at an innocent taxi driver in Kabul.
Moreover, if it really is ineffectual, why does it continue to happen? Clearly, somebody somewhere is getting results.
Two things come to mind.
First, the vast majority of torture use, both historically, and in the modern world among those regimes that use it, is directed to obtaining confessions of guilt from criminal suspects. It comes as no surprise that it’s highly effective at obtaining them. Again, I refer to the Inquisition, where the possibility of death at some unspecified future date became more attractive than than the prospect of a continuance on the rack in the present case.
Second, as I wrote previously, torture does provide more information than would be obtained by abstaining from it. One wonders, however, how much of that information is actually reliable, as opposed to how much of that information is beleived to be reliable by officials. Or simply politically convenient. Those two latter things may not, in fact, be the same as the former.
Finally, the question arises, “who do we torture?” Certainly, every real terror suspect has some knowledge that can be useful. Do we get to torture all of them? Most of the justifications I’ve seen would give us the option to torture someone in a ticking bomb scenario. Which sounds nice…if you actually know there’s a ticking bomb. In the normal scheme of things, though, you really need to torture people to find out if a ticking bomb exists, not to figure out where it is.
The vast majority of torture use among those regimes that use it, is directed to obtaining confessions of guilt from criminal suspects. It comes as no surprise that it’s highly effective at obtaining them.Or do we just torture the higher-ups in the terrorist movement, as a sort of fishing expedition? This is, I gather, the justification for the interrogation techniques used on some of the al Qaeda biggies. We thought they were up to something, and we used harsh interrogation to find out what they knew.
The most interesting thing about that is that we didn’t have to brand these guys with hot pokers to get them to give it up. These guys apparently have little resistance. Threaten to open a box of StayFree® Maxi-Pads in front of them, and they sing like superstars. So maybe we got lucky in that some of these guys were easy marks.
But, as the Gestapo experience of WWII shows, sometimes, people will let you torture them to death without telling you anything. Even in Vietnam, our POWs in Hanoi would resist real, actual torture for extended periods before giving up a “confession” to their captors.
But I digress.
Either you are going to define the torture-liable population so broadly, that officials will pretty much have a license to torture, or so narrowly that, as a practical matter, you’ll never use it. If the former, you’ve got a slippery slope problem, if the latter, it’s not useful enough to even worry about sanctioning it, rather than just worrying about it on an ad hoc basis.
Jonah Goldberg has written often about the unwritten law, vs. the written law. Fifty years ago, it was against the law for the police to dispense street justice. In practice, the beat cop, who walked the same neighborhood day after day and who knew the residents, would occasionally rough up some troublemakers pour encourager les autres, and in so doing, kept the peace on his block. It wasn’t legally sanctioned, but it worked–and the cop knew that when he did it, he was risking at least his career, if it became a problem.
For a variety of reasons discussed above, as well as other, more prudential reasons in terms of the country’s image, and diplomatic reputation, I’d prefer never to see torture be enshrined in the written law.
I’ve noted before that, when I was on active duty, if I’d ever been faced with getting caught behind enemy lines in a Soviet attack in Europe, I would like to have the option of capturing a Russian officer, and finding out how to get back to our lines. And, if I had to hook up a field telephone, and make a collect call to his genitals, I’d do it without blinking, if that’s what it took to get my guys back home alive.
I wouldn’t brag about it, or mention it to anyone in responsible authority later, but if I got found out, I’d expect to take the Court-Martial. And, as long as I’d gotten my guys out, I’d have been happy to do it.
Necessity, it’s often said, knows no law. But the law shouldn’t explicitly bow to necessity. I would rather have it understood that any torture inflicted is done without sanction, and the official authorizing the torture may be in danger of serious sanctions if he uses it.
It’s probably not the best solution. But, on balance, I think it’s a better solution than giving the government explicit permission to conduct torture however they see fit. Torture is problematic for a number of reasons, and the ethics of engaging in it are, at the very least, difficult to parse. And, as Michael should well know, “hard cases make bad law”.
UPDATE [McQ]: What Dale said.
The over-reaching isn’t only confined to the federal government. My latest Examiner column.
Paralleling the song, the answer should be “absolutely nothing” with a testosterone laced “Huhn!” thrown in for good measure. Personally, I have my doubts.
This is not a new topic here at QandO, as my esteemed brethren have weighed in on numerous occasions, each time settling on an emphatic “No! Torture is not acceptable.” While it would be difficult, if not impossible, to put into words the esteem that I hold for my blog brothers, I have to say that I disagree. That may be because I have never been in the military, nor been subjected to anything close to the sort of forced life-or-death decision making that breeds a camaraderie distinct unto itself. And it may be because I have the luxury (thanks to said camaraderie) to simply ponder these things at my leisure. Just the same, I cannot say that I am opposed to torture of our nation’s enemies, nor can I honestly say that any experience will change my opinion.
First, the reason I even broach the subject: release of “secret torture memos” (link added):
President Barack Obama’s administration said it would Thursday release four memos, with sections blacked out, covering the Bush administration’s justification for CIA interrogations of terror suspects … The memos were authored by Jay Bybee and Steven Bradbury, who at the time were lawyers for the then-president George W. Bush’s Justice Department Office of Legal Counsel.
The memos provided the legal framework for a program of interrogations of “war on terror” detainees that included techniques widely regarded as torture such as waterboarding, in which a detainee is made to feel like he is drowning.
I have not read the memos, and I probably won’t. The sole reason being that I’ve slogged through enough of these legal documents to have a pretty good idea of what’s in there, and to know that there is plenty of qualifying language to mitigate whatever damning quotes are eventually culled therefrom. In point of fact, these “memos” are little more than legal research projects specifically drafted so as to provide both the underlying judicial framework for the issue at hand, and the best guess at how the current policy might fit into that framework under certain factual parameters. They are merely legalese for “this is what the law says, and this is how the policy may not run afoul of that law.”
Leaving aside definitional problems (does being confined with an insect constitute “torture”?), let’s just assume that what the memos described was not only policy, but a policy that was carried out. Why is that a bad thing?
Tom Maguire provides some thoughts:
IN OUR NAME: The newly released torture memos are cold-blooded and clearly client-driven – the lawyers knew the answers they wanted and reasoned backwards. Quick thoughts:
1. The US concern about actually harming someone comes through on every page. In fact, at one point (p. 36 of .pdf) the legal team wonders whether it would be illegal for the interrogators to threaten or imply that conditions for the prisoner could get even worse unless they cooperate. I suppose these memos will provide welcome reassurance of our underlying civility to both the world community and the terrorists in it.
2. There are some fascinating legal gymnastics on display. My favorite might be on p. 39, where we learn that Article 16 of the Geneva Convention does not apply because the CIA is operating in areas not under US jurisdiction. Nor do the protections of the US Constitution extend to aliens being held prisoner under US control but abroad outside of US jurisdiction.
However, another contender for the “It Would Take A Lawyer To Think Of This” prize is the argument that waterboarding does not constitute a threat of imminent death because, even though the prisoner thinks they are drowning, they are not, and anyway, the mental effect is transitory and does not result in long term mental harm – call it the “Psych!” defense. (The absence of long term harm comes from the experience of US sailors and soldiers passing through SERE school in the service of their country; whether a jihadist waterboarded by the Great Satan would also rebound psychologically is not explored here). I would think that a game of Russian Roulette played with a fake bullet might pass all these requirements other than the SERE experience.
Tom’s comparison to Russian Roulette intrigues me because I think it is the perfect analogy. I’ve written before that, in my opinion, waterboarding crosses the legal line because of the way the law is written. I’ve never been convinced that the technique crosses any moral boundary because I’m not so sure that it’s any different than placing a caterpillar in the same cell as a man who’s deathly afraid of caterpillars. Playing on the mind’s fears is part and parcel of both manipulation and torture, but does not mean that the two are equivalent. Morally speaking, therefore, I have doubts that techniques akin to waterboarding amount to “torture” per se.
But assuming that they do, again, what exactly is the problem? Aficionados of the subject will say that torture is ineffectual. Yet, Khalid Shaikh Mohammed would appear to be a test case in contrast to that wisdom, as would the fact that our own soldiers are routinely informed that “everyone breaks eventually.” Moreover, if it really is ineffectual, why does it continue to happen? Clearly, somebody somewhere is getting results.
Even leaving aside the efficacy vel non of torture, does it hold such moral deficiency as to abandon it altogether? Here I plead ignorance because, in my mind, I view enemies to my country as enemies to my family. By that I mean, if anyone were to hurt, or even threaten to hurt, a member of my family, I can’t even begin to express the unholy hell I would visit upon such a cretin. When I view A Time To Kill I can’t help but think that that the murderous, rapist scum got off too lightly (which, of course, was the point of Grisham’s characterization). Other than the fear of anything nefarious happening to my children, my greatest fear is of what I would try to do to those who hurt them or even suggested that they might do so. I have the same feeling when it comes to anyone who seeks to destroy my country and her citizens with whom I’ve (gratefully) cast my lot. My morality directs me to say that what any of you visit upon the least of my fellow countrymen, I will repay you a thousandfold and more. That may be my Irish bravado speaking, but it speaks as honestly as any man possibly can.
So I am left with the conundrum of how my actions in response to an attack on my family should be any different than an attack on my country, and why I should feel any differently about the perpetrators of such actions, whether they have followed through with their plans or not. I understand that my response — i.e. the sanctioning of “torture” — may not be entirely rational. Indeed, if a firetruck runs over my child while rushing to save an orphanage, I would feel no less grief, and probably wish an equal amount of horror upon the transgressors as I would upon 19 hijackers who murdered 3,000 of of my fellow citizens. In fact, probably more. There is nothing particularly rational in such a response. But I have little confidence that, should I have the chance to avoid either disaster, I would refrain from running the perpetrators’ minds through a psychological cheese grater if there was even a small chance that the disaster could be avoided. That may be little more than a testament to my weakness as a moral human being, but I think that I’m not alone.
Torture, however defined, is not a pretty thing. I make no bones about having zero regard for my enemies (i.e. those who want to destroy my country a la 9/11). If subjecting them to extreme psychological and/or physical discomfort, or the threat of such, will prevent further attacks, then I confess that I am happy to reward those monsters with the penalty they richly deserve. I accept that I may be wrong in such thinking, but I don’t find that case has been successfully made as of yet. Indeed, I defy you to take this test and declare that “torture” can never be acceptable.
The ultimate point is, torture is a horrible thing and should be avoided if at all humanly possible. But, unfortunately, we live in a world where the “humanly possible” has limits. In those cases, why is it that torture should be off limits? Is there a rational reason? I’m willing to be convinced, but I have my doubts.
My latest Examiner column taking on the recently increased federal tobacco tax.
In what I can only surmise is the latest talking point to emerge from JournoList, Glenn Beck has replaced Rush Limbaugh asthe token leader of the Republican Party, against whom all manner of mud will be slung. Reminiscent of the Clinton years, talk radio hosts are being assailed as the progenitors of hate, and even being blamed for recent shootings such as that in Pittsburgh. All of this nonsense, of course, but the smears will be cast about by lefty cohorts just the same.
The most recent offering is from Michael A. Cohen writing at Politico, entitled “Extremist rhetoric won’t rebuild the GOP”:
Watching Fox News’ new sensation Glenn Beck is not for the faint of heart. It is a disquieting entree into the feverish mind of a conspiracy theorist who believes, among other things, that the government wants to remotely control our thermostats, that the relaxing of the ban on stem cell research — as well as efforts to prevent global warming — is reminiscent of Nazism, that the Federal Emergency Management Agency might be setting up concentration camps and, finally, that the country is on the path to socialism or possibly fascism but definitely some “-ism” that should be avoided.
Frankly, that is all you really need to read of Mr. Cohen’s piece to understand what he is on about. The short version is that rightwing leader, Glenn Beck, is spreading dangerous conspiracy theories that hurt the GOP and the nation. The problem, as always, is that the charges just aren’t true.
Taking them one by one from the cited paragraph, here is what Cohen asserts are the product of “the feverish mind of a conspiracy theorist”, and why his assertions are false:
(1) “the government wants to remotely control our thermostats”
I don’t know to which Beck comments Cohen is referring, but the fact is that the California government proposed exactly such a law:
Next year in California, state regulators are likely to have the emergency power to control individual thermostats, sending temperatures up or down through a radio-controlled device that will be required in new or substantially modified houses and buildings to manage electricity shortages.
The proposed rules are contained in a document circulated by the California Energy Commission, which for more than three decades has set state energy efficiency standards for home appliances, like water heaters, air conditioners and refrigerators. The changes would allow utilities to adjust customers’ preset temperatures when the price of electricity is soaring. Customers could override the utilities’ suggested temperatures. But in emergencies, the utilities could override customers’ wishes.
Clearly, it takes no “feverish mind” to grasp the fact that such programs are being considered.
(2) “the relaxing of the ban on stem cell research — as well as efforts to prevent global warming — is reminiscent of Nazism”
Well that does sound pretty bad. At least, until you track down what Beck actually said. In an interview with Professor Robert George of Princeton University, Beck rehashed why allowing progressive political interests to be in charge of steering “science” in the name of the public good was not necessarily desirable:
GLENN: I tell you, it’s so disturbing. I’m getting a lot of heat today because yesterday on television I talked about this and I said, you know, it was the progressives and the scientists that brought us eugenics. The idea that science — if evolution is true, then science should be able to help it along, and it was the guys in the white jackets. It was the scientists and the doctors that brought us the horrors of eugenics and it’s because –
PROFESSOR GEORGE: Glenn, can I fill you in a little bit? Because you are absolutely right. Let me tell you a little bit of the history. It’s fascinating. Those guys in white coats were not even during the Nazi period. These weren’t guys working for the Nazis. This was years before the Nazis during the Weimar Republic.
GLENN: It was here.
PROFESSOR GEORGE: When progressive, as they were then called, doctors and lawyers and others, decided that there were some lives unworthy of life. And two scholars, a guy named Bending and a guy named Hoka (ph) who were not Nazis who were opposed to the Nazi federy and so forth, they saw them as really sort of lower class thugs. But these two guys, a law professor and a medical professor, wrote a book called Lebens unwürdig von Leben, life unworthy of life which was a roadmap for taking the life destroying the lives of retarded people, people regarded as inferior because of their low intelligence or physical impairment or so forth. That was the roadmap. It was before the Nazis. You are 100% right.
GLENN: And a lot of this stuff, I mean, started here originally, did it not? Didn’t some of the original thinking –
PROFESSOR GEORGE: Well, it didn’t just begin in Germany. It’s certainly true that there was a strong eugenics here among the elite, among the progressive, the people who regarded themselves as the forward thinkers. Just the name, one figure from my own field of philosophy of law, Oliver Wendell Holmes, the great American jurist and philosopher and eventually Supreme Court justice who was with the program entirely of eugenics before the Nazis gave it a bad name. So it was here in America just as it was in Germany.
GLENN: So here’s what I’m afraid of and, you know, call me crazy, but whenever you unplug from ethics and you put science at the top and then you surround it with a bunch of progressive elitists, that usually doesn’t spell, you know, spell out anything that’s good.
With respect to the dangers of separating ethics and embryonic stem cell research, the conversation also included this tidbit:
GLENN: The guy who started embryonic stem cell research, I heard a quote from him yesterday, said if you haven’t — if this whole concept of research on embryos hasn’t given you pause, then you haven’t thought about it enough.
PROFESSOR GEORGE: Oh, yes, that’s Jamie Thompson you are quoting who was the first person to isolate human embryonic stem cells. He is a research scientist at the University of Wisconsin. And he said that in explaining why he had done path-breaking work, very important pioneering work to create alternative sources of pluripotent stem cells, pluripotent just means like embryonic stem cells, cells that are able to be manipulated to become any sort of cell tissue so they would be very useful in regenerative medicine if all things work out. But Thompson was explaining why he went down another path and created a technology for which he’s likely to win the Nobel Prize called induced pluripotent stem cells which can be created without using embryos or destroying embryos or killing embryos. So yes, even somebody like Thompson recognizes that there’s a huge ethical issue here. But President Obama’s just swept past it, just swept past it.
To be fair, whenever Nazism or fascism enters the fray, noses are sure to get bent out of shape and even clearly expressed thoughts will be missed. However, as easily surmised from the snippets of conversation above (much less the whole thing), it’s quite clear that Beck was not comparing stem cell research to Nazism, but instead warning against allowing progressive scientists to drive the debate without regard for the ethical issues. By referencing an historical consequence of blindly following such advice, Beck is simply making a useful comparison to illuminate his point. Nowhere does he compare stem cell research to Nazism.
(3) “the Federal Emergency Management Agency might be setting up concentration camps”
Of all the accusations leveled at Beck by Mr. Cohen, this is the most egregiously false. In my opinion, the charge would fairly support a suit for defamation against Cohen, even under the heightened “actual malice” standard set forth in New York Times, Co. v. Sullivan. Far from asserting that FEMA was setting up concentration camps, Beck actively and thoroughly debunked the conspiracy theory [HT: Allahpundit]:
How Cohen could make the assertion he did is simply bewildering. Even the barest amount of research would have shown how wrong he was. If nothing else, Cohen should immediately retract his claim and apologize to Beck.
(4) “the country is on the path to socialism or possibly fascism but definitely some “-ism” that should be avoided.”
After delving into pure libel, Cohen quickly steers into idiocy. The assertion here is that Beck’s opinion that the Obama administration policies are grounded in statist/collectivist ideology is a conspiracy theory. Missing from Cohen’s analysis is any mention of the last eight years of BusHitler! droning. Nor is there any explanation as to how an opinion regarding the underlying ideology of the President’s governing philosophy could be a conspiracy theory. Typical of liberals nowadays, Cohen simply likens any mention of similarities between Obama’s agenda and actual socialist/fascist/statist policies as fear-mongering worthy of no examination, and what’s wrong with socialism anyway? Apparently ignorance of recent events is not Cohen’s only forte, as he is also seemingly unaware of anything that has happened over the last century or so.
Regardless of how one might feel about Glenn Beck, and whether you agree with him or not, he is being unfairly smeared by Mr. Cohen. The sorts of attacks set forth above will only broaden in scope unless confronted, and they will be used to discredit any similar veins of thought no matter how tangential to Glenn Beck, Rush Limbaugh, or any other strawman leader the left chooses to hang around the necks of those opposed to statist politics. Hit these rhetorical bullies in their lying collectivist mouths now, or face the unfortunate consequences of letting them drive the agenda and control the language of the debate.
The siege against capitalism continues unabated. Yesterday, leaders of the 20 largest national economies reached a consensus that they needed to reel in unfettered free markets, which they all agreed was the cause of the world’s economic crisis. The medicine consists of further funding of the IMF (to the tune of an addition $1 Trillion) and an increased regulatory state.
Setting aside differences in philosophy and national character, at least for now, the leaders agreed to make available more than $1 trillion in new lending to spur international growth. While leaving it to individual nations to enact, they promised tough new regulations aimed at banks and other financial institutions whose freewheeling activities sparked the crisis. And they vowed renewed support for trade and more help for the globe’s poorest countries.
“The world’s leaders have responded today with an unprecedented set of comprehensive and coordinated actions,” Obama said, in the spotlight on his first overseas trip as president. “Faced with similar global economic challenges in the past, the world was slow to act, and people paid an enormous price. . . . Today, we have learned the lessons of history.”
For some reason, the bulk of the reporting on the G-20 conference outcome is limited to describing how wonderful everyone feels about the loose agreements, and how industrious they all were to come to terms with one another. Very little press has been devoted to the actual agreements. The media seem to be under the collective impression that the most important aspect of these meetings is the conduct of the diplomacy. They could not be more wrong:
FINANCIAL market “cowboys” who wreaked havoc on the world economy will be brought undone by the G20 agreement, Prime Minister Kevin Rudd says.
Mr Rudd says the $US1 trillion ($A1.4 trillion) deal agreed on at the G20 summit in London, will benefit “tradies”, young people and small business with real commitments against real timelines.
“Today’s agreement begins to crack down on the sort of cowboys in global financial markets that have brought global markets undone with real impacts for jobs everywhere,” Mr Rudd told reporters at the conclusion of the summit overnight.
The summit has agreed to a restructure of the financial regulatory system, reform of and a trebling of funding for the International Monetary Fund (IMF) to $US750 billion ($A1.08 trillion), an extension until the end of next year of a ban on nations introducing trade protection measures, a curb of excessive executive payouts and agreement to co-ordinate further economic stimulus.
Make no mistake. What the G-20 leaders (as stated by PM Rudd above) are saying to world is that none of this would have happened if they had been in charge. “Financial market cowboys” (meaning US and UK bankers), the faces of capitalism, are entirely to blame for the woes of the world. If only there had been more government involvement, according to this theory, then the financial crisis would have been averted or severely curtailed. Accordingly, the G-20 have decided that the way to fix this mass is to assert greater control over the world economy. The immediate targets of this new world order? Tax havens of course:
Switzerland, Singapore, the Cayman Islands, Monaco, Luxembourg and Hong Kong are among 45 territories blacklisted on Thursday by the Organisation for Economic Co-operation and Development and now threatened with punitive financial retaliation for their banking secrecy.
Among the sanctions being considered by the G20 are the scrapping of tax treaty arrangements, imposing additional taxes on companies that operate in non-compliant countries, and tougher disclosure requirements for individuals and businesses that use shelters.
Illegal tax evasion through offshore shelters has been a long-standing irritation for Gordon Brown, President Barack Obama and French President Nicolas Sarkozy. An estimated $7 trillion of assets are held offshore and, according to pressure group Tax Justice Network, developed countries lose $180bn a year in evaded taxes.
Under the OECD definition, countries will be considered non-compliant if they have less than 12 bi-lateral agreements to exchange tax information with foreign governments on request. “Authorities should have access to the information to effectively crack down on tax evasion,” Andrew Watt, director at law firm Alvarez & Marsal Taxand, said.
Jeffrey Owens, director of the OECD’s centre for tax policy said: “This is the major breakthrough we have been trying to get for 13 years. If you intend to evade tax through offshore bases, you will think hard about it now you know tax authorities can trace you.”
Mr Sarkozy added: “Sixty percent of hedge funds are registered in tax havens. Putting hedge funds under supervision isn’t going to generate jobs in the textile industry. But we have to put behind us the madness of this time of total deregulation.”
The reactions of Owens and Sarkozy are like being annoyingly puzzled at why the whipping boy continues to move, seeking to avoid the lash.
Clearly the aim here is not at fixing anything other than the ability of wealthy nations to collect taxes. Small countries typically designated as “tax havens” tend to have one thing in common: they have no other means of competing in the world market place other than in the area of business taxation. If the economies of these countries were all dependent upon growing and selling corn, then the G-20 actions would be met with a much different response. Instead, companies that wish to minimize their tax burden, so that they may instead fund R&D, expand (create jobs), or re-invest, are treated as outlaws, unworthy of little more than scorn. And the small countries that have been willing to host these companies as a means of boosting their own economies, are labeled pariahs to be sanctioned by the wealthiest nations in the world. The message: “Don’t muscle in on our territory. That’s our tax money and we’re here to collect.”
In addition to punishing tax havens, the G-20 decided that the favorite whipping boys of statists needed to be better restrained so as to prevent their squirming:
Leaders agreed to craft tighter controls over hedge funds and establish more rigorous regulations to prevent the buildup of toxic assets that poisoned the U.S. financial system in and spread overseas.
The leaders agreed to set benchmarks for executive pay and make accounting standards more uniform across borders. Most would be drafted by a new Financial Stability Board, where central bankers, regulators and finance ministers from the more than 20 nations represented at the summit will eventually hash out the details.
Credit agencies — whose top-notch ratings of instruments linked to bad U.S. subprime mortgages gave false indications of their relatively safety — would be subjected to new oversight and regulations. But there was no call for a global regulator that could overrule decisions made by individual countries.
While I’m glad to see the ratings agencies (whom have inexplicably been absent from public criticism and ire) taking their turn at the post, everyone should be dismayed at what these sorts of agreements portend. The collective effort to rein in “cowboy capitalism” is little more than a barely disguised effort to place the European bit in the mouth of American (and, to a lesser extent, British) mouth. Business decisions are no longer to be made in the interests of the shareholders, but in favor of “public good.” What constitutes the “public good” will be determined by the special interests who exact the most influence upon, and best line the pockets of, the political forces in charge. In short, consumers no longer rule the market place; bureaucrats do.
As with all movements based on collective will, such as that which the G-20 has furthered, an unfettered free market is featured as the main culprit. America is widely considered to be an economic jungle where the capitalist beast roams freely, devouring the innocent and maiming cautious outsiders. Ironically, Leviathan himself has identified capitalism as an unrestrained beast in need of controlling. Yet, we have nothing like an uncontrolled free market here. It only appears that way because the remainder of the world has cloaked their industries in thick blankets of protectionism and shackled their businesses with an alarming array of bureaucratic chains. Comparatively, America does look like a free market jungle.
But therein lies the problem. As the Washington Post stated it:
Along with declarations of optimism came the recognition of at least a temporary shift in attitude away from two decades of intense reliance on free trade, deregulation and market-knows-best policies that fueled stunning growth across the planet.
Brown — the leader of a country closely associated with that philosophy — declared “the Washington Consensus” over, using a term that recognizes the American roots of an economic system seen by many in the world as unfair and unhealthy.
As far from a pure free market as we are, it is our relative distance from the nanny-statism of Europe and beyond that props up the economies of the world. That stunning growth was made possible precisely because of what the rest of the world refers to as “cowboy capitalism” and they were all happy to join in the ride. But now that woe times betide us, thanks primarily to government meddling (e.g. CRA, Fannie Mae, Freddie Mac, Fed policy, etc.), the world is ready to chop down the last pillar of capitalism, and assert government control over everything. With that final support gone, the capitalist beast will be brought to heel, confined to the zoo where it will live its remaining days as little more than a novelty. Unfortunately, it will take its wealth producing powers with it.
“For anyone who questions why the President has offered this plan, these pledges will be the answer.”
Obama’s army of cultists is very hard at work.
Like (I assume) most other news junkies who closely followed the election, I am still receiving emails from Obama’s political action people. Much of it is aimed at getting the recipients to participate in the “Organizing for America” politicking. It has always seemed a little creepy to me because the election is over. I mean, why the endless campaign unless the real purpose is to propagandize the voters? But I also figured that my biases made it seem worse than it really is. That is, until viewing this video:
Neo-neocon provides an excellent analysis of why this sort of White House driven organizing just seems wrong. For example, she notes the rather troublesome fact that the Obama administration intends for people to simply pledge blind support to his agenda:
Some of the most disturbing things about this video are its vagueness, its focus on Obama himself in what I can only call his cult of personality, and its use of the word “pledge” (at minute :56, note the words, under “The Pledge” and next to a check box, “I support President Obama’s bold plan….”)
The vagueness comes from the fact that whatever people are pledging to support is never described in any detail whatsoever. The petition, or pledge sheet, or loyalty oath, or whatever you want to call it, is very short. It appears that each policy area—energy, health care, education—has but a single sentence describing it.
Think about this for a moment: people are blindly pledging loyalty to policies about which they know virtually nothing except the fact that Obama is behind them, and he says it’s for our own good.
Moreover, reasonable dissent from Obama’s agenda is not possible according to the training video:
The trainer gives only one reason that “the establishment in Washington” would oppose this: opposition to change. Never mind principled opposition; there is no such thing where Obama is concerned. Never mind the cost of these policies in a recession.
Never mind; just sign on the dotted line. And is anyone else as perturbed as I am by this statement: For anyone who questions why the President has offered this plan, these pledges will be the answer.
I think that definitely qualifies as creepy, biases or not.
[HT: Bird Dog]
Jason Pye and I have – unbeknownst to the other, which we each found hilarious – applied for and become “Examiners” for the Atlanta Examiner. What that essentially means is we write for an online publication (Examiner.com) and actually get paid to do so.
However, and this is the part I actually love – it really brings the libertarian out in me – we get paid for the number of page views we generate. So our pay is based on how many eyes we bring to the articles we write.
As you might imagine, they’re more locally focused and pertain to topics we may or may not cover here at QandO. However, being the “Atlanta Libertarian Examiner” and Jason being the “Georgia Libertarian Examiner” we pretty much have the freedom to write about what we want to. What I’m trying to do, as is Jason, is keep it pertinent to the location but still spread the libertarian message.
Your support is requested. If you will take a short moment and click in. Check out the articles. Jason and I will be embedding links in various posts as we put new articles up on Examiner.com. Your feedback and comments are solicited and welcome. But remember, clicking in helps pay the writer and I can promise you both writers would very much appreciate those clicks.
Thanks for your indulgence and support. Both are appreciated. Thus ends the commercial.
Talk about the government getting all up in someone’s business:
Things could get hairy in New Jersey this summer for women who sport revealing bikinis or a little bit less.
The painful Brazilian wax and its intimate derivatives are in danger of being stripped from salon and spa menus if a recent proposal to ban genital waxing is passed by the state’s Board of Cosmetology and Hairstyling.
New Jersey statutes allow waxing of the face, neck, arms, legs and abdomen, but officials say that genital waxing has always been illegal, although not spelled out.
Regardless, almost every salon in South Jersey, from Atlantic City casinos to suburban strip malls, has been breaking the law for years by ridding women, and some men, of their pubic hair for $50 to $60 a session.
Jeff Lamm, a spokesman for New Jersey’s Division of Consumer Affairs, said that the proposal would specifically ban genital waxing, and was prompted by complaints to the board from two women who were injured and hospitalized. One of them sued. Lamm said that the state only investigates infractions if consumers complain.
What happened to “keep your hands off my body”? If the government can dictate the size and shape of the drapes, what’s to stop it from taking over the whole
womb room? It’s not as if the rights of the unshorn are at risk here. In addition, there is a legitimate concern for where women will turn if they lose the right to freely control their bare necessities:
Cherry Hill salon owner Linda Orsuto said that women would “go ballistic” if the proposal passed. She said that some women would resort to waxing themselves, visiting unlicensed salons or traveling to other states, including Pennsylvania, in a quest to remain bare down there.
“The clients are going to freak,” said Orsuto, who owns 800 West Salon & Spa, on Route 70. “It’s a hot issue, and we’re going to have to do something.”
Now, I understand that some aficionados of adult entertainment from the 70′s might be excited about the return of a tufted tarts and piliferous punani. But that sort of hirsute protectionism treads dangerously upon our most cherished freedoms, and will potentially lead to messy entanglements from which we will find it hard to extricate ourselves (think “velcro”).
Accordingly, I stand firmly behind the women of New Jersey and fully support their rights to depilate as they see fit, with the advice and counsel of their salon professional. So say it loud, ladies, in all your glabrous glory: “We’re bare! Down there! And we’re proud!”