Political Corruption, Big Government, and Generational Struggle

Government, by its nature, is vulnerable to a broad reach of failure, and that becomes increasingly difficult to correct as government’s size grows and corruption, or even mere arrogance, increases.  Ultimately, government becomes large enough that it deems itself no longer responsible to the people who created it, and it engages in activities for its own benefit instead of ours.  Finally, these activities become centered simply on preserving and expanding its own power—which fosters corruption, which fosters further self-preservation and growth, which….

Here are some recent and current examples:

  • The Community Reinvestment Act and refusals to reform it, which created the conditions for the housing bubble and subsequent collapse.
  • Fast and Furious, DoJ’s gunwalking scam.
  • The method by which Obamacare was enacted, and its enactment against the loudly expressed wishes of the American people.
  • DoJ’s selective prosecution of crime, refusing for instance to prosecute voter intimidation crimes unless the alleged victim was from a government-favored group and the alleged perpetrator(s) from a government-disfavored group.
  • DoJ’s use of disparate impact analysis to manufacture racial discrimination where none exists and solely to satisfy a government’s politically motivated goal.
  • The process surrounding the stifling of the Keystone XL pipeline by the White House.
  • DoJ’s secret seizure of press telephone records (the AP, for instance) in New York, Washington, Hartford, and the main office for AP reporters in the House of Representatives press gallery.
  • The cover-up of the government’s preparation for and response to the terrorist attack on our Consulate in Benghazi.
  • The politicization of the IRS, and its use to persecute government-disfavored groups and men.
  • Labor Department’s selective enforcement of laws regarding the killing of members of protected bird species, including the refusal to prosecute wind energy farms that kill over 80,000 hunting birds per year.

And so on.  This kind of thing isn’t unique to big government, of course; any time men are placed in power over men—a necessity even of consensual governments—the potential for arrogance or corruption abounds.  However, small consensual governments, inherently limited in power—formally by a constitution, and practically by a vigilant and involved population—are easier to control, and the growth of corruption and arrogance much more hindered.

It’ll be a long, cross-generational struggle to restore our government and to repair the damage done these last 80 years.  It’s a struggle that must be engaged, however.

An Honest Citizen

…and a Government Citizen.

The Federal government is required to certify whether an act of terrorism has occurred so businesses can determine related loss recovery.  One outcome of this is that if a business did not specifically buy terrorism coverage, a formal designation of terrorism could make it harder to recoup a loss.

Now consider the Boston Marathon attack.  Lots of small businesses that were impacted by that disaster did not buy terrorism coverage.

Enter, stage left, the Government Citizen:

Boston Mayor Tom Menino told reporters at a press conference Saturday that he has confidence Obama will not sign anything that would hurt businesses impacted by the bombings[.]

Enter, stage right, the Honest Citizen:

David Sapers, owner of candy store Sugar Heaven, said he took a risk by not purchasing terrorism coverage.

“This is a terrorism act, and we’re not [going to] change the rules because people want to recoup money from the insurance companies[.]

Hmm….

IRS and Politics

Recall that in the last election season, the Internal Revenue Service demanded of a number of nonprofit organizations information about the nature of their politics, who their contributors were, even asking about family members.  The IRS intended to use this information to challenge the organizations’ nonprofit status.  That this was a biased request is demonstrated by the fact that only conservative nonprofits were targeted, and they were targeted on the basis of the presence of terms like “patriot” and “tea party” in their organizational names.

The then-IRS commissioner, of course, denied this.  Douglas Shulman told Congress in March 2012,

There’s absolutely no targeting.  This is the kind of back and forth that happens to people….

Turns out he was lying.  Lois Lerner, head of the IRS division that oversees tax-exempt groups, said,

That [demand] was wrong.  That was absolutely incorrect, it was insensitive, and it was inappropriate.  That’s not how we go about selecting cases for further review[.]

Then she said,

The IRS would like to apologize for that[.]

Well, Madam, when will the IRS apologize for that, instead of just talk about wanting to?  And what assurances are you or Steven Miller, the acting IRS Commissioner, going to provide that guarantee this politicization of the IRS’ function has been erased and will not recur?  When will we see IRS action on these assurances?

This…behavior…makes me wonder if David Axelrod has gone to work for the IRS.  Or whether Janet Napolitano, DHS Secretary, is directing the IRS’ oversight function.

A Thought on Privacy

Mayor Michael Bloomberg, in an absolutely awesome expression of governmental hubris, says that New Yorkers should just “get used to” the city’s rapidly proliferating surveillance cameras.

You wait, in five years, the technology is getting better, they’ll be cameras everyplace…whether you like it or not[.]

Amazingly, Federal Judge Richard Posner agrees.

Obviously, surveillance cameras didn’t prevent the Boston Marathon attacks.  But they may well have prevented further attacks planned by the bombers, including whatever destruction they may have attempted to cause in New York City.  Moreover, the criticism ignores deterrence.  By increasing the likelihood that terrorists or other criminals will be apprehended, surveillance cameras increase the expected cost of punishment.  That will not deter all attacks, but it will deter many.

Surveillance cameras also can be expected to increase the cost—and difficulty—of maintaining individual freedoms in the face of a constantly snooping government.  But surveillance cameras are of a piece with the lockdown imposed on Boston during the recent manhunt.

Ben Franklin was right.  Posner and Bloomberg are wrong.  But the latter plainly are speaking from the perspective of government and not from the perspective of government’s employers.

The Convenience of Government

President Barack Obama has decided to appeal last fall’s ruling of the US Court of Appeals for the District of Columbia that invalidated his “recess” appointments of three people to the NLRB.  The Court ruled that since the Senate wasn’t in recess, the appointments were unconstitutional and so invalid.

Obama’s grounds for appeal would be laughable if the matter weren’t so serious.  He

urged the Supreme Court to rule that presidents have broad authority to make certain appointments without Senate approval.

This from a Lecturer in Constitutional law.  Presidents have the authority to “make certain appointments” that the Constitution gives them, and not a particle more.

He, through his Solicitor General Donald Verrilli,

defended the recess appointment powers of the president, disputing the court’s conclusion that it can only be used in the period between formal sessions of the Senate.

Sorry, Ace, “in recess” means in recess, not on lunch break, and not any period a president finds convenient.  What part of the DC Circuit’s writing on this is unclear to you?  After all, it was written in plain language with simple words:

…the inescapable conclusion that the Framers intended something specific by the term “the Recess,” and that it was something different than a generic break in proceedings [an adjournment].

The natural interpretation of the [Recess Appointments] Clause is that the Constitution is noting a difference between “the Recess” and the “Session.”  Either the Senate is in session, or it is in the recess.  If it has broken for three days within an ongoing session, it is not in “the Recess.”

Then ObamaVerilli included in his brief this gem:

If the appeals court ruling was left to stand, it would “dramatically curtail” the president’s authority[.]

Well, yeah.  That’s sort of the point, given how far you’ve overstepped your authority.

Finally, this laugher:

The ruling “threatens a significant disruption of the federal government’s operations[.]”

You just don’t seem to get it, Ace.  The convenience of government does not take precedence over the Constitution.