Obama and our Constitution

Michael Mukasy, President George Bush the Younger’s last Attorney General, in a recent Wall Street Journal op-ed described President Barack Obama’s leaked (should I say “surreptitiously released?”) white paper memo concerning presidential authority to conduct drone warfare, including against American citizens overseas.  Mukasey had this to say, in part, about the memo:

The memo mentions the president’s constitutional responsibility under Article II to defend the country, but it grounds the president’s authority to act not in the Constitution but in “the inherent right of the United States to national self-defense under international law…and the existence of an armed conflict with al-Qa’ida under international law.”

A moment’s reflection yields the insight that the US government’s powers are defined by the Constitution, not by international law, and that in any event international law is a highly elusive concept, there being no universally recognized source for it.  Yet here the Obama administration seems to prefer abandoning the Constitution altogether rather than relying on an inherent presidential power….

Because the Constitution is more than 100 years old, hard to understand, and not binding on anything, anyway.  And a law “professor” says we ought to just do away with it.  Plainly, our president buys that line, too.

Unions and Elections

Who says unions don’t try to influence the outcomes of elections—at the ballot box itself, not via campaigning in a run-up to an election?

The image below, from a Wall Street Journal article about a Boeing engineers union contract election shows the degree to which a union will go to tell its members how to vote.                                                                                     

Poverty and Welfare

The connection isn’t only moral.  It’s economic, also, as new research is showing.

Richard Vedder, an economics professor at Ohio University says that our exploding welfare state has led to an American poverty rate of 14%—these welfare programs actually are

creating a dependency on government, which is unhealthy both for the individuals involved and their children, and also for the broader society[.]

Specifically, Department of Labor statistics show four programs in particular contribute to  Americans’ increasing dependence on government.

  • Food stamps, or The Supplemental Nutrition Assistance Program, as it’s now known.  Nearly 30 million more Americans receive them than in the year 2000.
  • Social Security Disability: 3 million Americans  received payments in 1990—today it’s 8.6 million.
  • Pell grants: 3.9 million students were awarded them in 2000.  Today it’s 9.7 million, even though  nearly half of graduates work in jobs that require no degree.
  • And extended unemployment benefits: 26 weeks had been the standard—today it’s 52 weeks or more for many [and during the Panic of 2008 and ensuing Obama Recovery, it’s run as long as 99 weeks].

This isn’t just academic theorizing, though.  Doug McKelway, in his article at the above link, talked, among others, to a sandwich shop owner in Maryland:

Kyle Murphy…described how anecdotal evidence he sees as an employer jibes with Vedder’s assessment.  He often sees new hires quit to seek government benefits.

“The people who know how to use the system best get the most out of it.  It’s not necessarily the people who need the assistance the most,” he said.  Murphy has seen many of his employees quit jobs, then claim they were fired to obtain unemployment benefits.

Vedder concludes,

We have had nearly four decades with growing incomes, rising standard of living for the majority, yet the poor have grown in number even as a proportion of the population.  So some of these policies are not working.

I’m more cynical: since they create a captive collection of voters for the hander-outers in government, maybe they are working.  Never mind that the outcome puts our republic at risk.

China’s Economic Course

In a nation that’s facing a demographic implosion (a birth rate of around 1.5 against a rate of roughly 2.1 required to maintain current population levels, and an aging population (expected by 2050 (the current generation plus their children) to have four workers in the age band 50-64 for every three aged 15-29, and for every 100 people aged 20-64, 45 over 65), that chronically lives on the edge of famine, and that has a population increasingly aware of what could be compared to what is, the PRC government is not treating its poor or its farmers (22% of whom will be over 65 as early as 2030—the current generation) very well.  And so it’s not treating its society or its economy with any foresight.

For instance:

In December 2010, when [Fu Liang]  says a campaign of harassment drove him off the small plot where he ran a fish farm, the local government paid Mr Fu just nine yuan ($1.45) a square meter for it.

The plot was quickly resold for 640 yuan [$103.11] per square meter to a developer, a national database of land transactions shows.  The developer has built villas that sell for 6,900 yuan [$1,111.67] a square meter.

A markup of a factor of nearly 10 at each stage.  Fu’s 9 yuan meter of fish farm was worth far more than he was paid.  In another sense, it was priceless, since he didn’t want to sell.

Mr Fu now is unemployed, one among tens of thousands of former farmers who inhabit the impoverished fringes of Chengdu, a city in southwestern China.  He has no heart to start another business.  “What’s the point if the government can just destroy it?” he says.

With no sense of irony, the PRC’s new president, Xi Jinping, claims to want strengthen that demographically unstable society and its unstable economy—through property (land) ownership.  After all, as Fu pointed out,

precarious land rights mean little incentive to invest in improving agricultural output, and no asset that can be sold to fund a move to the city.  Low compensation for the millions ousted from their land—coupled with ineligibility for social benefits because they aren’t registered as urban residents—means for many a life of poverty on the edges of the cities.

And no incentive to bring additional children—boys only, mind, in a mandated one child environment, with the bias’ own long-run population sustainability implications—into the world.  And the one-child policy was put in place explicitly to achieve the population reduction about to occur sharply.

Fat chance for any serious change:

“Push forward scientific development and advance social harmony,” proclaims a banner draped across one construction site, parroting a catch phrase of Xi’s predecessor, Hu Jintao.  Mr Fu, surveying a noodle bowl of highway overpasses, said, “A few years ago, this was all farmland.”

Because farmland—the means of feeding the population—stands in the way of progress.  Xi will have a great deal of trouble reversing that, especially with the money to be made converting farmland to urban land.

A Waste of Legislative Energy

…and a potential First Amendment violation.  Especially in a conservative environment, this is surprising.

The North Carolina House is set to vote on a bill that would

amend the state’s indecent exposure law to expand the legal definition of “private parts” to explicitly include “the nipple, or any portion of the areola, or the female breast.”

And if such exposure were to be deemed

for the purpose of arousing or gratifying sexual desire

the evil miscreant could convicted of a felony and locked away in a North Carolina jail for six months.  “More mundane exposures” (whatever those are) could be guilty of a misdemeanor—and still locked up, now for 30 days.

Of course, it’s hard to discriminate such exposures from political speech, but that apparently doesn’t concern those good legislators.  And a woman’s breast is, perforce, an obscene thing, to be kept hidden away—and state legislators are far better judges of such morality than are the rubes of the villages, towns, and cities who’ve already made their choice on this matter.

Which brings me to the state’s…rationale…for this exercise.

Co-sponsor Rep Rayne Brown, R-Davidson, told members of the House Judiciary Committee on Wednesday that her bill was triggered by topless rallies promoting women’s equity that were held during the last two years in Asheville.

Oop—there’s that tacky free speech thing.

No matter; she added in all seriousness,

There’s some confusion about the law.  I think our state deserves clarity on this issue.

Never mind that there is no confusion.  The police of a town know their town’s ordinances.  They have no need of knowing the differences with another town’s ordinances; they have no jurisdiction over there.

Nor is there any confusion on the part of the state police.  They have no jurisdiction inside the town limits unless they’re enforcing a state law.  Oh, wait—let’s make a state law, and give them jurisdiction.