Using the Income Tax to Map Our Lives

And it came to pass in those days, that there went out a decree that all the world should be taxed.

And lo, the ubiquity of taxation made it possible for the Treasury Department to identify all the same-sex marriages in the land by zip code and present the data in tables and a map.

And in all the land only a few paranoids worried about the implications for privacy and freedom, of gay people and others, of a government that knows everything about you.

Posted on September 13, 2016  Posted to Cato@Liberty

David Boaz discusses Hillary Clinton’s illnesses on Správy RTVS (Slovakia TV)

Posted on September 12, 2016  Posted to Cato@Liberty

Was Hillary Clinton Fired from the Nixon Impeachment Inquiry?

Washington Post fact checker Glenn Kessler gives a maximum Four Pinocchios to the claim that Hillary Clinton was fired during the Watergate inquiry, which has gotten a lot of circulation on social media. He makes a detailed case that there is no evidence for such a firing. However, along the way he does note some unflattering aspects of her tenure there:

In neither of his books does Zeifman say he fired Clinton. But in 2008, a reporter named Dan Calabrese wrote an article that claimed that “when the investigation was over, Zeifman fired Hillary from the committee staff and refused to give her a letter of recommendation.” The article quoted Zeifman as saying: “She was a liar. She was an unethical, dishonest lawyer. She conspired to violate the Constitution, the rules of the House, the rules of the committee and the rules of confidentiality.”…

In 1999, nine years before the Calabrese interview, Zeifman told the Scripps-Howard news agency: “If I had the power to fire her, I would have fired her.” In a 2008 interview on “The Neal Boortz Show,” Zeifman was asked directly whether he fired her. His answer: “Well, let me put it this way. I terminated her, along with some other staff members who were — we no longer needed, and advised her that I would not — could not recommend her for any further positions.”

So it’s pretty clear that Jerry Zeifman, chief counsel of the House Judiciary Committee during the Watergate inquiry, had a low opinion of the young Yale Law graduate Hillary Rodham. But because she reported to the chief counsel of the impeachment inquiry, who was hired separately by the committee and did not report to Zeifman, Zeifman had no authority over her. He simply didn’t hire her for the permanent committee staff after the impeachment inquiry ended.

Kessler also notes that Clinton failed the D.C. bar exam in that period. She never retook the exam (passing the Arkansas exam instead) and concealed her failure even from her closest friends until her autobiography in 2003.

And then there’s this:

Zeifman’s specific beef with Clinton is rather obscure. It mostly concerns his dislike of a brief that she wrote under Doar’s direction to advance a position advocated by Rodino — which would have denied Nixon the right to counsel as the committee investigated whether to recommend impeachment. 

That brief may get some attention during the next few years, should any members of the Clinton administration become the subject of an impeachment inquiry. Also in Sunday’s Post, George Will cites James Madison’s view that the power to impeach is “indispensable” to control of executive abuse of power. 

Posted on September 12, 2016  Posted to Cato@Liberty

It Couldn’t Happen Here?

Dilma Rousseff was never as popular as the president who anointed her as his successor. Despite her intelligence and diligence in numerous official posts, she lacked his warm personality and flair for campaigning. But she ran a very professional presidential campaign, with lots of celebrity supporters, and the vigorous support of her predecessor, and she won the election and became Brazil’s first female president. In office she pursued policies of easy money, subsidized energy, and infrastructure construction, which initially boosted her popularity. As is so often the case, though, those populist programs eventually brought inflation and a slide into economic contraction. Simultaneously, allegations of corruption and cronyism hurt her reputation. Impeachment proceedings were brought against her, focused on her mismanagement of the federal budget, particularly employing budgetary tricks to conceal yawning deficits. ”Experts say Ms. Rousseff’s administration effectively borrowed some $11 billion from state banks, an amount equal to almost 1 percent of the economy, to fund popular social programs that have been a hallmark of the Workers Party’s 13 years in power.” Some said that such fiscal mismanagement and dishonesty were common in presidential administrations and should not result in impeachment. But the Senate convicted her and removed her from office, making her bland vice president the new president.

Thank goodness nothing like that could happen in our own country.

Posted on September 2, 2016  Posted to Cato@Liberty

David Boaz discusses Gary Johnson, and the future of libertarianism on a Washington Examiner produced video

Posted on September 2, 2016  Posted to Cato@Liberty

How Liberal Courts Help Conservatives States Stay Free

A new study says that New Hampshire is the freest state in the country, followed by Alaska, Oklahoma, Indiana, and South Dakota.

New York is the least free state by a large margin, followed by California, Hawaii, New Jersey, and Maryland.

For some readers, the immediate reaction will be that conservative states get the highest ratings and liberal states the lowest. That’s not quite true: New Hampshire and Alaska are generally regarded as libertarian-leaning more than conservative, and very conservative states such as Alabama and Mississippi score pretty far down.

It’s not that the study focuses just on economic freedom, as some analyses do. The “Freedom in the 50 States” report by political scientists William Ruger and Jason Sorens, just published by the Cato Institute, where I work, covers both economic and personal freedom, from taxes and regulation to imprisonment rates, gay marriage, and marijuana.

Maybe if the Supreme Court took economic liberties as seriously as personal freedom, the big Eastern and Western states would once again be the wide-open, fast-growing places they were when they got big and prosperous in the first place.

Those of us in cosmopolitan coastal states may still wonder if places like Oklahoma and Indiana are where we’d find the personal and economic freedom we crave.

Here’s one explanation: The federal courts prevent conservative states from taking away a lot of the freedoms they’d like to, while they’re much more tolerant of intrusions on freedom found in liberal states.

Take Oklahoma, for instance. Its personal freedom score improved in this edition of the report because in 2014 a federal judge struck down the state’s ban on same-sex marriage. In the next edition, lots of conservative states will have better scores because of the 2015 Supreme Court decision overturning all such state laws.

Marriage bans aren’t the only thing that conservative states are prevented from doing. Another federal court found that Oklahoma’s ban on considering sharia law in judicial decisions was religious discrimination in violation of the First Amendment. In 2008 the Supreme Court struck down Louisiana’s law prescribing the death penalty for the rape of a child. Oklahoma, Texas, South Carolina, Georgia, and Montana also had such lawsFourteen states, mostly in the South and once again including Oklahoma, had laws banning homosexual acts until the Supreme Court struck them down in 2003.

Go back another generation, and we recall the Court striking down laws requiring school segregation and banning interracial marriage.

In all these cases, federal courts, interpreting the U.S. Constitution, have prevented conservative states from denying their citizens’ individual rights. And thus those states get higher scores on the “Freedom in the 50 States” ranking.

Courts have been less likely to find that intrusions on freedom by liberal states violate the Constitution. States are generally free to set their own tax and regulatory policies. In 2005 the Supreme Court notoriously declined to restrict a local government’s power to take property through eminent domain.

In two decisions, in 2008 and 2010, the Court did limit a state’s ability to impose restrictive gun control laws. The 2010 decision, striking down a law in Chicago, improved Illinois’s ranking on personal freedom. More generally, the Second Amendment and the Court’s insistence on protecting the individual right to bear arms probably prevent some liberal Democratic states from enacting gun bans.

James Madison, the principal author of the Constitution, said that “independent tribunals of justice will consider themselves in a peculiar manner the guardians of those rights; they will be an impenetrable bulwark against every assumption of power in the legislative or executive.” Judges don’t get it right in every case, but over the years they have protected Americans’ rights and freedoms from lots of intrusions by legislatures and executives.

So take heart, my coastal cosmopolitan friends. Maybe the flyover states aren’t really more libertarian in spirit than the East and West coasts. Maybe they’ve just had their own bad ideas slapped down by the Supreme Court more often. And who knows, maybe if the Supreme Court took economic liberties as seriously as personal freedom, the big Eastern and Western states would once again be the wide-open, fast-growing places they were when they got big and prosperous in the first place.

Posted on August 19, 2016  Posted to Cato@Liberty

Remembering Boris Yeltsin’s Finest Moment

Yeltsin on tankTwenty-five years ago today I was driving back to Boston from Cape Cod. Two stories dominated the radio news that morning. Hurricane Bob was headed straight for New England, putting my return to Washington in doubt. And Russian hard-liners had staged a coup against Mikhail Gorbachev, who was being held incommunicado in his dacha in Crimea. Eventually I got back to Washington, by a very slow train rather than by plane. The other story had more lasting consequences.

On that morning of August 19, 1991, as the coup plotters issued a declaration of a new Soviet president and seized control of Russian media, supporters of democracy gathered at the Russian parliament. And Boris Yeltsin, the new president of the Russian Soviet Socialist Federal Republic, decided to go out and speak to the soldiers and people outside the parliament building. He climbed up on a tank and rallied opposition to the coup. Two days later it collapsed, and Yeltsin was a national hero. As I wrote when Yeltsin died in 2007:

More than any other man, Boris Yeltsin moved the Russian people from tyranny to a rough approximation of freedom. For that he is one of the authentic heroes of the 20th century.

In a way he personalizes Mikhail Gorbachev’s accidental liberation of the Russian and Soviet people. Gorbachev intended to reform and reinvigorate communism. He brought Yeltsin from the rural region of Sverdlovsk in 1985 to shake up the stagnant party as the Moscow party boss. But Gorbachev set in motion forces that he couldn’t contain. Once people were allowed to criticize the communist system and glimpse an alternative, things moved rapidly–partly because of Yeltsin’s unexpectedly radical leadership.

Two years later Gorbachev and the party hierarchy pushed him out of the Politburo. But he turned around and ran for the Congress of People’s Deputies, won, and then was elected to the Supreme Soviet. He created Russia’s first parliamentary opposition (in the Supreme Soviet) and then won election to the new Russian parliament. Against the continuing opposition of Gorbachev, he was elected to the chairmanship of that body, thus becoming president of the Russian Soviet Federative Socialist Republic.  He stunned politicos by resigning from the Communist Party.

And then in 1991, less than four years after being pushed out of politics by Gorbachev, Boris Yeltsin became the first elected leader in a thousand years of Russian history, winning a popular election for president. Six weeks later he hit his high point. When hard-line communists tried to stage a coup, Yeltsin courageously raced to parliament to rally opposition.  He jumped on a tank to address the crowd, creating one of the iconic images of the collapse of communism.

He went on to effectively dismantle the Soviet Union and to let 14 of the Soviet republics go their own way. He set about freeing prices and privatizing state property, the largest privatization in the history of the world. It was far from an ideal privatization process. But there weren’t many models for wholesale transformation of a communist economy into a market economy. As I wrote in 2007,

Yeltsin wasn’t perfect. He was often boorish and apparently had an excessive taste for alcohol. Despite letting the other Soviet republics go, he launched the devastating war in Chechnya. He unconstitutionally dissolved parliament in 1993; when communist lawmakers defied him, he sent tanks to shell parliament.  But it should be noted that Yeltsin at that time was seeking to defend liberal democracy against a return to communism. Imagine if Nazi legislators had stayed in the German parliament into 1949, resisting Adenauer’s policies and threatening to bring back National Socialism. Would it be undemocratic to call out the military to counter them? Fareed Zakaria’s worry in 1997 that Yeltsin’s creation of a “Russian super-presidency” might be abused by his successors looks all too prescient now. But a reversion to communism would have been worse.

And finally, after becoming the first elected leader in Russia’s history, he became something even more important–the first Russian leader to voluntarily give up power. True, he turned Russia over to Vladimir Putin, making him more like Ronald Reagan, who delivered the United States to the Bushes, than George Washington, who left us in the capable hands of John Adams and Thomas Jefferson.

Still, the words that President Reagan addressed the American soldiers who invaded Normandy could also be applied to Boris Yeltsin: “These are the champions who helped free a continent. These are the heroes who helped end a war.”

For all his mistakes, Yeltsin helped to free a continent and end the Cold War. And 25 years ago today was his finest hour.

 

Posted on August 19, 2016  Posted to Cato@Liberty

David Boaz discusses vice presidential candidates on FBN’s Stossel

Posted on August 12, 2016  Posted to Cato@Liberty

Not My Commander in Chief

Hillary Clinton declares on the campaign trail, “Donald Trump simply doesn’t have the temperament to be president and commander in chief of the United States.” Thankfully, he isn’t going to be – not because of his standing in the polls, but because there is no such position as “commander in chief of the United States.”

This is a constitutional republic, and we don’t have a commander in chief. According to Article II of the Constitution, “The President shall be Commander in Chief of the Army and Navy of the United States.”

That’s an important distinction, and it’s disturbing that any candidate for the presidency would miss it. Hillary Clinton may want to be commander in chief of the whole country, of you and me, and to direct us and our economic activities the way the president directs the officers and soldiers of the armed forces. But if so, she needs to propose an amendment to the Constitution – an amendment that would effectively make the rest of the Constitution irrelevant, since it was designed as a Constitution for a limited government of a free people.

Much as they might both wish it, neither Donald Trump nor Hillary Clinton is going to be my commander.

Posted on August 12, 2016  Posted to Cato@Liberty

RIP Elliot Tiber, One of the Capitalists Who Created Woodstock

Elliot Tiber has died at 81. He was an interior decorator and aspiring artist, but he became best known for his role in creating the Woodstock Music and Arts Festival in 1969 and for his books and a 2009 movie about the experience. I wrote about the book and movie Taking Woodstock in Liberty magazine in 2010. That article isn’t online, so I republish it here:

The movie Taking Woodstock, directed by Ang Lee, led me to the book of the same name by Elliot Tiber. I knew of Woodstock as a hippie happening a bit before my time. What I found interesting about the movie and the book was the portrayal of the Woodstock Festival, “Three Days of Peace and Music,” as an impressive entrepreneurial venture. 

In 1969 Tiber was a 33-year-old gay designer living in Manhattan, while spending his weekends trying to save his parents’ rundown Catskills motel. One weekend he read that some concert promoters had been denied a permit in Wallkill, N.Y. He came up with the crazy idea of inviting them to hold the festival on his parents’ property. Lo and behold, they showed up to check it out. Taking the lead was 24-year-old Michael Lang, who went on to become a prominent concert promoter and producer. 

The Tiber (actually Teichberg) property wasn’t suitable, but Elliot drove Lang and his team down the road to Max Yasgur’s nearby farm. At least that’s Tiber’s story; other sources say he exaggerates his role. He did play a key role, however, in that he had a permit to hold an annual music festival, which up until then had involved a few local bands. 

There’s a wonderful scene, better in the movie than in the book, when Lang and Yasgur negotiate a price for the use of the farm. We see it dawning on Yasgur that this is a big deal. We see Elliot panicking that the deal will fall through, and that without the festival business his parents will lose their motel. And we see Lang’s assistant reassuring Elliot that both parties want to make a deal, so they’ll find an acceptable price, which indeed they do. 

And then, with 30 days to transform a dairy farm into a place for tens of thousands of people to show up for a 3-day festival, Tiber describes (and Lee shows) a whirlwind of activity. “Within a couple of hours, the phone company had a small army of trucks and tech people on the grounds, installing the banks of telephones that Lang and his people needed.” Helicopters, limousines, and motorcycles come and go. A few hundred people are erecting scaffolding, stage sets, speakers, and toilets. The motel keepers are trying to find rooms and food for the workers and the early arrivals. The local bank is eagerly providing door-to-door service for the mountains of cash flowing into bucolic White Lake, N.Y. 

Meanwhile, there are a few locals who don’t like the whole idea. In Tiber’s telling, they don’t like Jews, queers, outsiders, or hippies. Maybe they just didn’t like a quiet village being overrun with thousands of outsiders. In any case they had a few tools available to them. A dozen kinds of inspectors swarmed around the Teichbergs’ motel. The town council threatened to pull the permit. Tiber writes, “Why is it that the stupidest people alive become politicians? I asked myself.”  At the raucous council meeting Lang offered the town a gift of $25,000 ($150,000 in today’s dollars), and most of the crowd got quiet. Max Yasgur stood and pointed out that “he owned his farm and had a right to lease it as he pleased.” That didn’t stop the opposition, but in the end the concert happened. 

The psychedelic posters and language about peace and love – and on the other side, the conservative fulminations about filthy hippies (see John Nolte’s movie review at BigHollywood.com – can obscure the fact that Woodstock was always intended as a profit-making venture. That was the goal of Lang and his partners, and it was also the intention of Tiber, Yasgur, and those of their neighbors who saw the concert as an opportunity and not a nightmare. The festival did rescue the Teichberg finances. It ended up being a free concert, however, which caused problems for Lang and his team. Eventually, though, they profited from the albums and the hit documentary Woodstock. 

In his book Tiber also details his life split between Manhattan’s scene and his parents’ upstate struggles. He tells us that as a young gay man in the ‘60s he encountered Tennessee Williams, Truman Capote, Marlon Brando and Wally Cox, and Robert Mapplethorpe. 

Tiber writes, “One of the great benefits of Woodstock—a benefit that, to my knowledge, has never been written about—was its sexual diversity.” But I think the fact that there were gay awakenings at Woodstock—and three-ways and strapping ex-Marines in sequined dresses—would surprise people less than the realization that Woodstock was a for-profit venture that involved a lot of entrepreneurship, hard-nosed negotiation, organization, and hard work. Taking Woodstock (the book, but better yet the movie) is a great story of sex, drugs, rock-and-roll, and capitalism. 

Posted on August 10, 2016  Posted to Cato@Liberty

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