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Posts Tagged ‘Congress’

France has seen the latest outbreak of the politician’s double standard.  It’s a story as old as politics itself.  It goes like this:  the politicians decide that, for the good of the country, it’s important to enact some new, typically painful law or regulation of private behavior.  The politicians also decide, of course, that it’s equally important that they not be bothered with compliance.

This week Jerome Cahuzac, the former French minister who was responsible for prosecuting tax evasion, finally admitted he had a secret bank account in Switzerland and had been lying about it.  His admission came two weeks after he resigned following reports that he was funneling funds to the account to avoid the harsh taxes the French government has levied and after Cahuzac had strenuously denied having the account.  Now he says he is “devastated by remorse” and begs forgiveness.  “Devastated by remorse?” Or, embarrassed that he was caught in a colossal lie and thought he could get away with avoiding the law that applied to everyone else?

In America, we see this kind of behavior from our political classes all the time.  Congress passes laws that regulate the activities in every workplace except congressional offices.  Politicians lecture us about global warming and not relying on fossil fuels then fly on gas-guzzling chartered jets rather than rub elbows with the great unwashed on standard commercial flights.  Presidents and Vice Presidents tell us we need to tighten our belts, but enjoy lavish and repeated vacations on the taxpayers’ dime.

What’s sauce for the goose should be sauce for the gander — period.

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How foolish is managing the federal budget through the across-the-board “sequestration” process?  The federal judicial system provides a good illustration of the chaotic lunacy that prevails when the President and Members of Congress fail to do their jobs and enact thoughtful, considered budgets.

From a budgeting standpoint, the judiciary is unique.  Unlike other agencies and entities, it doesn’t operate grant programs or distribute benefit checks or buy advertising to discourage drunk driving or promulgate regulations.  Instead, it exists solely to resolve disputes and try those accused of federal crimes.  Its budget is spent largely on people — on judges and their law clerks, bailiffs and court reporters, docket clerks and security personnel — who make the system function smoothly.

Sequestration will require $350 million in cuts to the federal judicial system.  Because federal judges are appointed for life and will be paid regardless of how fiscally irresponsible the President and Congress may be, the cuts that sequestration brings will fall disproportionately on the other people who are part of the process.  As a result, court security operations will be impaired, federal oversight of those free on bond prior to trial and those paroled from federal prisons will be reduced, and jury trials and bankruptcy proceedings will be delayed due to lack of funds — among other consequences.

A capable court system is one of the bedrock requirements of a free, well-ordered society.  The role of federal courts has become increasingly important as new regulations are produced and challenged, as new federal crimes are created, and as courts are increasingly viewed as the ultimate arbiter of all manner of disputes.  Why, then, should federal courts be subject to the same across-the-board budgeting treatment as federal agencies and programs whose purpose is much less fundamental to the proper functioning of government and society?

The President and Congress need to start doing their jobs.

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Every once in a while we hear about a story that gives us a good sense of the warped world of politicians and journalists in Washington, D.C.  The recent snit between Bob Woodward and the White House is one of those stories.

In case you missed this earth-shattering tale, Bob Woodward — the Watergate reporter who has since made a career out of writing turgid, insider-based accounts of Washington events — was getting ready to write about “sequestration,” the Rube Goldberg process by which $85 billion in “automatic” spending cuts will be made today because our current President can’t lead and our current Congress can’t legislate.  When Woodward told a White House aide his view on the genesis of the “sequestration” concept and the President’s approach to it, he says the aide yelled at him for a half hour, then sent Woodward an email that stated, among other things, that Woodward would “regret” staking out his position on the issue.  Woodward, miffed, disclosed the exchange, which he saw as a veiled threat.

What does this tell us about Washington, D.C.?  It tells us that the White House is focused more on spin than solving problems and is amazingly thin-skinned about criticism.  “Sequestration” — the implementation of “automatic” spending cuts that were consciously designed to be so draconian and blunderbuss that they would force the parties to sit down and reach an agreement — is an idiotic way for our government to operate.  I don’t blame the White House for trying to blur its role in putting such lunacy into place.  The Democrat-controlled Senate, and the Republican-controlled House, are engaging in similar juvenile finger-pointing.  The notion of accepting responsibility and reaching agreement on a rational approach evidently is too adult a concept to hold sway in the weird world of Washington.

But what of Bob Woodward? He received a dressing down from some presidential flunky and then got an email he thought was ill-considered.  Big deal!  I guess the politicians and reporters in D.C. are so chummy that a few strong words are deeply wounding and cause for scandal.  Maybe that’s our problem.  The reporters and the politicians in the D.C. fishbowl are so used to stroking each other that real reporting never gets done and real accountability never gets assigned.  I’d be perfectly happy if more politicians and aides with bloated egos did some yelling at reporters tracking down the news, and more reporters shrugged off the tirades and printed what they and their editors decided was the real story.

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The U.S. Postal Service has decided to end Saturday delivery of letters to homes and businesses.  The move will take effect in August and is designed to address financial issues that the Postmaster General describes as “urgent.”

“Urgent” is one way to describe the financial condition of the Postal Service; another apt word would be “calamitous.”  The Postal Service lost $15.9 billion last year.  The elimination of Saturday delivery to most Postal Service customers will save $2 billion annually, so the Postal Service has a ways to go to get back into the black.  The president of the National Association of Letter Carriers, predictably, calls the decision a “disastrous idea” that would hurt the millions of Americans who depend on Saturday delivery, but I think eliminating Saturday delivery is an easy and obvious cost-saving decision.  I, for one, am willing to grudgingly give up the possibility of getting junk mail, catalogs, and political contribution solicitations over the weekend.

What’s especially interesting about the Postal Service decision is that it was made notwithstanding congressional inaction on Postal Service efforts to obtain approval of cost-cutting reforms.  In fact, Congress had been including a ban on five-day delivery in prior appropriations bills, but because Congress hasn’t passed an appropriations bill within the memory of most living Americans, and instead has resorted to funding the government through “temporary” spending bills, the ban doesn’t apply.  In short — and this is sweet, indeed — Congress’ inability to function has come back to bite it and cleared the way for the Postal Service to act in the name of fiscal sanity.

We’ll have to come up with new synonyms for “inactive” to describe our dysfunctional Congress.  I think “leaden,” “inert,” “dormant,” and “irresponsible” are all good options.

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I’ve got friends who occupy just about every niche along the political spectrum.  For once, almost everyone seems to be united in one thought:  we all agree that the recent “fiscal cliff” scenario, and the hash house legislation that “resolved” it, are an infuriating embarrassment for our country.  Everyone seems to recognize that the hastily brokered bill, with its special deals for well-heeled special interests, just illustrates how bad things have gotten in Washington, D.C.

Why has this happened?  There are a lot of reasons, of course, but I think one significant cause is that we’ve changed how we think about our political leaders and what they should be doing.  What attributes are featured in political ads these days?  Democrat or Republican, the candidate is always portrayed as a “fighter” who will “fight” for his constituents in opposing unnamed forces of evil.  Important qualities like thoughtfulness, cool deliberation, and attention to detail are ignored.  When was the last time you saw a candidate in a political ad sitting and reading something?  Instead, they’re always out, talking, talking, talking to groups, and vigorously gesturing as they are doing so.

We need legislators who understand the true importance of their role and who have pride in their legislative bodies and in their offices.  We need people who recognize that laws that will govern the affairs of more than 300 million Americans have to be carefully considered and can’t be cobbled together in a back room huddle of Joe Biden and a few congressional leaders.

In reality, too, most of the “fighters” who currently hold office really are sheep.  They listen to how their party leadership tells them to vote, and then they do it, even if it means they don’t even read whatever last-minute, lobbied-up deal they are voting on.  Can you imagine the Lincolns and Clays and Websters of the past — or any legislator with an ounce of self-respect, for that matter — accepting these legislative practices, which have now become so routine?  A real fighter for our system would refuse to participate in such shenanigans.

I’m not going to vote for phony “fighters” any more.  In fact, I’ll make this pledge:  candidates whose commercials extoll their qualities as “fighters” will be automatically disqualified from further consideration.  Our country badly needs reasoned solutions, not more pointless name-calling and legislative brawls undertaken in the name of “fighting” for constituents.  We need readers and thinkers, not “fighters.”  “Fighters” look for fights; readers and thinkers look for solutions — and solutions is what we really need.

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We’re starting to learn more about what was in the “fiscal cliff” measure that the President supported and Congress cravenly passed at the eleventh hour.  Of course, the information shows that the legislation is loaded with targeted provisions, tax breaks, and loopholes for special interests — just as any rational person predicted.

For example, the bill included a film production tax credit for Hollywood that allows deduction of millions of dollars in production costs if a TV or movie production occurs in an “economically disadvantaged area” — whatever that is defined to mean.  Supporters say the tax credit helps to keep productions from going overseas and “helps get investors who would like to have a significant impact in their taxes reduced.”  Sure, sounds good!  Let’s make sure that Hollywood fat cats get a bit fatter, so producers, directors, and actors can continue to make sober public service announcements that lecture us not to engage in the crazed gun violence that every Hollywood production seems to glorify.  And I’m sure we can all be confident that the millions of dollars that the Hollywood moguls and “stars” have contributed to political campaigns had nothing to do with Congress’ reasoned judgment to extend this tax break.

In the bill there’s also a tax break for NASCAR, to allow accelerated (no pun intended) depreciation for anyone who builds a racetrack.  Apparently all of the races on TV and gear that you see people wearing are misleading and, in reality, NASCAR is struggling and needs all the help it can get.  Perhaps the tax break recognizes that high gasoline prices have hit the owners of those powerful, gas-guzzling cars even harder than they hit the rest of us.

IMG_2787As the Washington Post reports, the fiscal cliff legislation also includes tax breaks, tax credits, and subsidies for banks and multinational corporations, Manhattan apartment developers and railroads, and even manufacturers of plug-in two-wheeled electric scooters.

With our current system, it’s all about who you know, who you can afford to hire to lobby for your cause, and whether they have the access and power to make sure that, when the last-minute deal goes down and an emergency bill is passed that the vast majority of members of Congress haven’t even read, your pet provision is included.

It’s a great system, if you are one of the people who can afford to play the game.  If you’re one of the rest of us, who can’t afford a gold-plated lobbyist to represent your interests, you’re left defenseless.  Of course, average citizens are supposed to have representatives in Washington, D.C.  They are called Senators and Representatives, but who can count on them to protect our interests?  Most of them didn’t even read the entire bill that they voted on.

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The United States Congress has been working hard on our behalf.  Both the Senate and the House, for example, have now voted to ban the word “lunatic” from federal statutory law.

IMG_0072The stated reason for Congress’ action is that the word “lunatic” is “pejorative.”  The sponsor of the bill effecting the ban says “[f]ederal law should reflect the 21st Century understanding of mental illness and disease.”  Huh?  Sure, “lunatic” obviously traces its roots to the notion that the moon affected mental health, but so what?  “Lunatic” is a perfectly good word that has a well established, commonly accepted definition as synonymous with “insane.”  Are we really going to go through the U.S. Code and strike every word that is rooted in antiquated thoughts, concepts, or science, even if the word has acquired its own established meaning that is perfectly well-suited to the matter at hand and most people don’t have the slightest idea of its unfortunate history?

In the U.S. House of Representatives, only one person — Texas Congressman Louie Gohmert — voted against the legislation to strike “lunatic” from the statute books.  He argues that Congress is wasting time with such measures, when it should be focused on issues like the fiscal cliff, the budget deficit, and the economy, among other things.  I’m with him.  How many times is “lunatic” even used in the U.S. Code?  Is dealing with that issue really important enough to command the attention of our legislators under the circumstances?

Of course, every other member of Congress voted for the measure because it’s just easier to do so and thereby avoid getting ripped for your lack of sensitivity and political correctness.  I suppose you could argue that it was an act of lunacy for Congressman Gohmert to take a stand on the issue.

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We’ve all heard about the “fiscal cliff” that is heading our way in January 2013.  If President Obama and Congress don’t act before then, a combination of tax increases and government spending cuts will automatically take effect.

The Tax Policy Center has now attempted to quantify the impact of the “fiscal cliff” on American taxpayers.  It finds that almost 90 percent of households would experience a tax increase.  The top 20 percent of taxpayers will bear 60 percent of the tax increases, but the tax increases will have an impact across the economic spectrum.  A middle-income family earning between $40,000 and $64,000 would pay an additional $2,000 a year, and families making between $110,000 and $140,000 a year would see a $6,000 tax increase.  In all, the government is forecast to reap an additional $500 billion in tax revenues.  Some people believe that the economy is already slowing to a zombie state because of fears of the new, bigger tax bite that will take effect in January.  Other economists fear that the combination of half a trillion dollars in tax increases and $109 billion in automatic government spending cuts that were implemented because the “debt supercommittee” couldn’t reach agreement on a deficit reduction will hurl the struggling economy into a full-fledged recession.

As I noted earlier, of course, this all will happen only if President Obama and Congress don’t act.  The President has been spending virtually every waking hour campaigning for re-election, and Congress has been inert for months.  So what do we have to worry about?

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A few days ago the Office of the Inspector General of the U.S. Department of Agriculture issued an audit report on the Office of the Chief Information Officer’s FY 2011 and 2011 Funding Received For Security Enhancements.  It’s a report by the USDA’s internal watchdog about how one section of the USDA spent part of its budget — a look at how a tiny fraction of the sprawling federal government actually used our tax dollars.  A copy of the report is available here.

The executive summary of the report notes that, in 2010, Congress more than tripled the budget for the CIO, from an $18 million baseline to $62 million, to enhance information technology security for the agency.  In 2011, the budget was set at $40 million, more than double the $18 million baseline, for that same purpose.  The CIO therefore received $64 million in additional money over the two-year period, and it funded 16 projects with that sum.

Of the $64 million, $6.7 million — or more than 10 percent — was spent on projects not proposed to Congress.  For example, $2 million was spent on a two-year internship program that purportedly was intended to “develop and sustain a highly skilled IT security and computer technology workforce.”  The CIO spent $686,000 developing a “networking website” for the program, and another $192,000 for housing.  Only one full-time intern was hired, however.  The audit report also noted that the internship program “did little to further the more pressing objective of improving USDA’s IT security.”  Stripped of the bureaucratese, therefore, the $2 million was wasted.

Some might argue, why should we care?  It’s only a few million dollars in an overall federal budget that now amounts to trillions.  For some of us, however, a few million dollars is still a few million dollars.  We don’t want to see it wasted — particularly when, in our current deficit-spending posture, we have to borrow from somebody else, and pay them interest, as part of the ugly, wasteful bargain.

More importantly, the story of the internship program reveals a deeper truth about the bureaucratic mindset.  Why would anyone charged with enhancing IT security think an internship program was an appropriate use of the money in the first place?  The real answer, I’d wager, is empire building.  Bureaucrats want to have ongoing programs they can administer and people they can supervise; those programs get built into their job descriptions, become part of their goals and objectives for the year, and help them to move up the government wage scale.  We can only imagine how the proponents of the internship program touted their development of the “networking website,” their selection of housing, and their development of the selection process as key performance successes during the year.

This is the fundamental problem.  In a government of bureaucrats looking to build their departments and pad their resumes, the spending of tax dollars is not a significant concern on the radar screen.  That culture needs to change, so that when a mid-level administrator suggests an internship program as a proper way to improve IT security, the suggestion is met with incredulity and promptly quashed.  We need tightwads, not empire builders, in our federal agencies.

The inspector general report on the USDA CIO spending shines a light on one small part of our government, and what it illuminates is a deeply troubling cultural concern.  If we ever hope to get our spending and deficit problems under control, that culture needs to change — now.  Unfortunately, neither President Obama, nor our current Congress, is doing anything to bring about that necessary cultural change.  That is why, I think, many people are considering whether we need change at the top of our government, too.

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Hello, Mr. Webner.  It’s one of your friendly securities analysts at the Treasury Department.  Hot enough for you?  Ha, ha!

What?  Oh, no!

Yes, Mr. Webner.  It’s me again.  Time for you to get another update on that GM investment.  This time, I’ve got good news and bad news.  Which would you rather hear first?

The bad news, I suppose.

Well, I’m sorry to say that GM’s stock price has hit another new low.  GM has lost more than one-third of its market value since it went public less than two years ago.  We’re shocked.  We thought those great commercials with likable folks talking about how smart they were to buy Chevy Volts would really cause a boom in sales.

So, how much have we lost?

Between the plummeting value of our GM stock and the tax breaks we’ve given the company to try to help it recover from decades of mismanagement, bad decisions, and short-sighted labor contracts, we’re out $35 billion.

$35 billion?!?!  But I thought my Senator was boasting about what a smart move it was to bail out GM?

He’s saying it saved jobs, Mr. Webner.  They just happen to be jobs that have been heavily subsidized by your tax dollars.

Wait — you said you had bad news and good news.  What’s the good news?

Oh, yes!  Right now, it looks like President Obama, the Democrat-controlled Senate, and the Republican-controlled House won’t be able to agree on an extension of the Bush era tax cuts.  So, after the end of the year everyone’s taxes will probably increase, and we’ll have even more of your money to invest!

Click.

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I haven’t yet read the Supreme Court opinions issued on the constitutionality of the “health care reform” act.  From news reports, I understand that the 5-4 majority characterized the individual mandate as a tax and therefore within Congress’ constitutional power.

Because I haven’t read the opinions, I can’t comment on their merits.  One result of the Court’s action, however, is that the stakes for the upcoming election will be both heightened and sharpened.  Almost immediately after the ruling, I received emails from the Democratic Party and its candidates lauding the decision and the act it upheld.  From the Republican side of the aisle came commitments to repeal the statute and expressions of concern about the increasing role of government.

Since the days of the Revolutionary War, American history is full of debates about fundamental questions that were resolved through the political process and at the ballot box.  I’d rather have the focus of this year’s election be on the role of the federal government and the merits of the “health care reform” statute than on ginned-up issues like the investments made by Bain Capital when Mitt Romney worked there.

Voters now know far more about the “health care reform” statute than we did when it was being pushed through Congress in a process characterized by hastily written language, backroom deals, and votes cast by members who hadn’t even read the bill before them.  We’ve seen actual actions taken by the federal government pursuant to the statute — including the regulations that have upset the Catholic church and other religious groups — and we know the funding mechanism for the statute is properly viewed as a broad tax.

As a result, the debate to come will be far more concrete than the debate that occurred several years ago — and the voters will decide who wins that debate.  That is a good thing.

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We’ve heard a lot recently about President Obama’s fundraising.  One journalist reports that, so far, the President has attended 160 reelection fundraisers — twice as many as President Bush had at the same time in his 2004 re-election bid.

I’m not a Polyanna about fundraising.  Modern presidential campaigns are crushingly expensive.  A President seeking reelection needs to raise lots of money, and no one is going to be a more effective at it than the President himself.  The inevitable consequence is that the President will spend a lot of time at fundraisers, hobnobbing with high-rollers and collecting their checks.

There’s an unseemliness to the emphasis on cash, cash, cash and the President’s involvement in raising it, but we’re beyond the point of worrying about unseemliness in modern politics.  Instead, I’ve been thinking about the impact of constant fundraising on the President’s ability to perform other important parts of his job — such as working with Congress and trying to build the kinds of coalitions needed to pass legislation.

The focus on fundraising interferes with the President’s relations with Congress in at least two ways.  First, there are only so many waking hours in the day.  Every hour spent on the rubber-chicken circuit is one that could have been spent strategizing with congressional allies, schmoozing opponents, or seeking points of potential compromise on important legislation.  What’s more likely to break the stalemate in Congress — another glitzy fundraiser in Hollywood, or a weekend retreat to Camp David with House and Senate leaders, or wavering Members of Congress who might be persuaded to vote for a presidential initiative?  Politics is personal, and if a President doesn’t regularly offer the personal touch, he is bound to be less effective in his relations with Congress.

Second, the President gives a speech at every fundraiser.  What does he typically talk about, to fire up his supporters and spur them to write bigger checks?  Why, it’s the “do-nothing” Congress that won’t act on his agenda.  So the fundraising grind exacts a dual toll — the President not only is taken away from Washington and the opportunity to spur the legislative process, but he also bashes Congress and thereby reduces his chances of achieving consensus in the future.

President Obama wants to win re-election, and he and his advisers know that he needs money to achieve that goal.  I understand why he’s doing what he’s doing.  Still, I can’t help but think that it would be better for the country — and for President Obama, too — if he spent less time at black tie galas and more time with Senators and Representatives, slapping backs and twisting arms.

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The Treasury Department has announced that our federal government, in May, racked up a deficit of $124,600,000,000 — $124.6 billion.  That brings the deficit for the first eight months of the October 1 to September 30 fiscal year to $844,500,000,000.  I use the full numbers because the long strings of zeroes better convey the colossal scale of the spending hole that we continue, relentlessly, to dig for ourselves and the Americans of future generations.

The Congressional Budget Office forecasts that this year’s deficit will be $1,170,000, 000,000 — $1.17 trillion.  That breathtakingly huge number comes on the heels of the $1,300,000,000,000 deficit in the last fiscal year.  Our deficits topped $1,000,000,000,000 during each of President Obama’s three years in office.

No rational person can believe such deficits are sustainable or that it is a good idea to go farther into hock without doing anything about it.  Yet that is precisely how our federal government has responded.  Where responsible people would be cutting non-essential programs, reducing payrolls and salaries, developing rational revenue policies, and taking the practical, meaningful steps necessary to bring revenue and spending into balance, our government does . . . nothing.

There’s plenty of blame to go around.  Congress has shirked its responsibility to pass honest budgets and specific spending bills, administrators have wasted tax dollars, and huge segments of the American public have an apparently insatiable appetite for federal benefits and perks.  But I have grown sick to death of President Obama’s constant attempts to dodge his share of the blame for the ignominious failure of the government that he — and he alone — heads.  Successful Presidents are able to lead and work within our political system to deal the issues of the day.  President Obama, in contrast, throws out unrealistic budgets that don’t even receive the votes of members of his own party in Congress and then blames his predecessor — the one who left office more than three years ago — for our mounting debt problems.  Meanwhile, the spending and deficit binge continues.  I don’t view President Obama’s approach as quality leadership.  In fact, I don’t view it as leadership at all — and if a President doesn’t lead, he has failed on the most fundamental part of his job.

Many of us have known people who appeared to live well beyond their means.  We wonder how it can continue, and then, inevitably, the crash comes and the entire house of cards collapses with awful results.  If you’ve seen that scenario, you can’t help but be uneasy about the direction in which our country is heading.  The many zeroes in those trillion-dollar deficit numbers are like the lead weights on the chains binding Marley’s ghost, dragging us slowly and inexorably downward to a fate we fear will be filled with terrible consequences.

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Some countries are pushing a proposal to give the U.N.International Telecommunication Union (“ITU”) more control over the internet.  The proposal will receive a hearing in the U.S. House of Representatives next week.

Currently the internt is “governed” (if you can call it that) by a a collection of non-profit entities.  The result has been a lot of freedom and not much regulation.  Governments, however, are concerned that they don’t have sufficient control over this massive, still developing communications medium.  The U.N. proposal, backed by governments in China, Russia, Brazil, India, and other countries, would give the ITU more authority over cybersecurity, data privacy, technical standards and the Web’s address system.

This is such an awful idea that there appears to be bipartisan opposition to it in Washington, D.C., with both the Obama Administration and both Republican and Democratic lawmakers expressing opposition.  Imagine — a proposal that is so obviously terrible that our splintered representatives can agree that it sucks!

And, it does suck.  The last I checked, the internet wasn’t broken.  We can write what we want, and read what we want, without concern that some ponderous and corrupt U.N. regulatory body will try to stop or direct us.  Indeed, the internet is one of the few international activities where cooperation has managed to produce tremendous growth — economic growth, growth in access to information, growth in communications, and growth in freedom.  That’s why repressive governments hate the internet.  Why would we want to hand repressive regimes a tool they can use to silence critics and punish dissidents?  Let’s all hope Congress does the right thing and tells the U.N. to keep their hands off the internet.

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Last week’s oral arguments before the Supreme Court about the Affordable Care Act — and the questions from Justices that suggested skepticism about the law’s constitutionality — seem to have caught some people off guard and caused them to make some very odd statements about how our government works.

Today, for example, President Obama said:  “Ultimately, I am confident that the Supreme Court will not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress.”  He added:  “And I’d just remind conservative commentators that, for years, what we have heard is, the biggest problem on the bench was judicial activism, or a lack of judicial restraint, that an unelected group of people would somehow overturn a duly constituted and passed law.  Well, this is a good example, and I’m pretty confident that this court will recognize that and not take that step.”

I’m confident that the President — who graduated from one of the country’s best law schools — can’t possibly believe those statements, because they reflect a profound misunderstanding of the balance of powers that exists under the Constitution.  For more than two centuries, it has been well established that the Supreme Court is the ultimate arbiter of whether a law violates the Constitution.  And, since a federal statute becomes a law only if it has passed both houses of Congress and been signed by the President, declarations of unconstitutionality necessarily will occur only after a “majority of a democratically elected Congress” — and often a “strong majority” at that — has approved the law.

Indeed, the whole idea of judicial review is that the democratically elected members of Congress and the President might be swayed by the popular passions of the day, and therefore only judges appointed for life who are removed from politics should determine whether a statute contravenes the Constitution.  To be sure, it’s not a power the Supreme Court has used routinely, but over the last two centuries the Court has not hesitated to strike down statutes that are found to be unconstitutional.  The Court’s power to do so therefore is, quite literally, not “unprecedented.”

Obviously, the President hopes the Court will rule that the Affordable Care Act is constitutional and enforceable.  However, he does our system a disservice by suggesting that the Supreme Court would be overreaching if it decided to the contrary.  If the Supreme Court takes that step, it is simply exercising one of its constitutional powers — just as President Obama and Congress did in enacting the law in the first place.  That’s how our system is supposed to work.

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