Monday, July 26, 2010

American Exceptionalism


Not a State-Broken People


George Will is a Pulitzer Prize-winning newspaper columnist, a Newsweek columnist, a regular panelist on ABC's This Week, and the author of numerous books on politics and baseball. He delivered these remarks at the Cato Institute's biennial Milton Friedman Prize for Advancing Liberty Dinner on May 13.

I want to thank all of the people in this room for making Cato and its work possible. I also want to thank a few million more people who, in recent weeks, have toiled to demonstrate in a timely manner why Cato is necessary. I refer, of course, to the people of Greece.

Milton Friedman, whose name we honor tonight, was honored often for his recondite and subtle scholarship. But it was complemented by a sturdy common sense much in fashion nowhere now. About 40 years ago he found himself in an Asian country where the government was extremely eager to show off a public works project of which it was inordinately and excessively fond. It was digging a canal. They took Milton out to see this, and he was astonished because there were hordes of workers but no heavy equipment. He remarked on this to his government guide, who replied, "You don't understand, Mr. Friedman. This is a jobs program. That's why we only have men with shovels." To which Friedman said, "Well, if it's a jobs program, why don't they have spoons instead of shovels?"

The attempt to educate the world to the principles of rationality and liberty never ends. For a lot of us, it began in earnest in 1962 with the publication of Capitalism and Freedom. In 1964, two years later, we got a demonstration of how urgent it was to have that book, when Lyndon Johnson, campaigning for president, said, "We're in favor of a lot of things, and we're against mighty few."

In 1964, the man running against Johnson was Barry Goldwater who, to the superficial observer, appeared to lose because he carried only six states. When the final votes were tabulated, 16 years later, it was clear he had won. It was, however, a contingent victory.

In 2007, per capita welfare state spending, adjusted for inflation, was 77 percent higher than it had been when Ronald Reagan was inaugurated 27 years earlier. The trend continues and the trend is ominous. Fifty-one days ago the president signed into law health care reform, that great lunge to complete the New Deal project and the Great Society, that great lunge to make us more European. At exactly the moment that this is done the European Ponzi scheme of the social welfare state is being revealed for what it is.

There is a difference. We are not Europeans. We are not, in Orwell's phrase, a "state-broken people." We do not have a feudal background of subservience to the state. No, that is the project of the current administration - it can be boiled down to learned feudalism. It is a dependency agenda that I have been talking about ad nauseam.

Two recent examples. First, when the government took over student loans, making it the case that the two most important financial transactions of the average family - a housing mortgage and a loan for college - will now be transactions with the government, they included a provision that said there will be special forgiveness of student loans for those who go to work for the government or for nonprofits. Second, one third of the recent stimulus was devoted to preserving unionized public employees' jobs in states and local municipalities. And so it goes. The agenda is constant.

In 1965, the Elementary and Secondary Education Act (the final dissolution, in some ways, of the federal government's sense of restraint) was advertised as aid for the poorest of the poor. Eighteen years later, in 1983, 90 percent of all school districts were participating in this. It is a principle of liberal social legislation that a program for the poor is a poor program. The assumption is that middle class Americans will not support a program aimed only at the poor. That is a theory refuted by the fact that the Earned Income Tax Credit - a policy supported and extended by Ronald Reagan - is extremely popular in this country. But it does reveal the fact that dependency is the agenda of the other side. Their agenda is to make more and more people dependent on the government for more and more things.

We can see today, in the headlines from Europe, where that leads. It leads to the streets of Athens, where we had what the media described as "anti-government mobs." Anti-government mobs composed almost entirely of government employees going berserk about threats to their entitlements!

The Greeks and the Europeans have said all along, as they increase the weight of the state, "So far, so good." It reminds me, as everything eventually does, of a baseball story. In 1951 Warren Spahn, on the way to becoming the winningest left-handed pitcher in the history of baseball, was pitching for the then-Boston Braves against the then-New York Giants in the then-Polo Grounds. The Giants sent up to the plate a rookie who was zero for twelve. It was clear this kid, name of Willie Mays, could never handle big league pitching. Spahn stood out on the mound 60 feet and six inches away, threw the ball to Willie Mays, who crushed it - first hit, first home run. After the game the sports writers came up to Spahn in the Club House and asked, "Spahnie, what happened?" Spahn said, "Gentlemen, for the first 60 feet that was a hell of a pitch!"

It's not good enough in baseball and it's not good enough in governance, either. Let me give you a framework to understand this extraordinarily interesting moment in which we live. I believe that today, as has been the case for 100 years, and as will be the case for the foreseeable future, the American political argument is an argument between two Princetonians: James Madison of the class of 1771, and Thomas Woodrow Wilson of the class of 1879. I firmly believe that the most important decision taken anywhere in the 20th century was the decision where to locate the Princeton graduate college. Woodrow Wilson, then Princeton's president, wanted it located on the campus, others wanted it located, where it in fact is, up on the golf course away from campus. When Wilson lost that, he had one of his characteristic tantrums, went into politics, and ruined the 20th century.

I'm simplifying a bit. Madison asserted that politics should take its bearings from human nature and from the natural rights with which we are endowed, and which preexist government. Woodrow Wilson, like all people steeped in the 19th century discovery that history is a proper noun - History - with a mind and a life of its own, argued that human nature is as malleable and changeable as history itself, and that it's the job of the state to regulate and guide the evolution of human nature and the changeable nature of the rights we are owed by the government that - in his view - dispenses rights.

Heraclitus famously said that you "cannot step into the same river twice," meaning the river would change. The modern Progressive believes you can't step into the same river twice because you change constantly.

Those of us of the Madisonian persuasion believe that we take our bearings from a certain constancy. Not from - to coin a phrase - "the evolving standards of decency that mark the progress of a maturing society." That phrase, from Justice Warren, has become the standard by which the Constitution is turned into a living document - a Constitution that no longer can constitute. A constitution has, as Justice Scalia has said, an anti-evolutionary purpose. The very virtue of a constitution is that it's not changeable. It exists to prevent change, to embed certain rights so that they cannot easily be taken away.

Madison said rights pre-exist government. Wilson said government exists to dispense whatever agenda of rights suits its fancy, and to annihilate, regulate, attenuate, or dilute others. Madison said the rights we are owed are those necessary for the individual pursuit of happiness. Wilson and the Progressives said the rights you deserve are those that will deliver material happiness to you, and spare you the strain and terror of striving.

The result of this is now clear. We see, in the rampant indebtedness of our country and the European countries, what Yuval Levin has called a "gluttonous feast upon the flesh of the future." We see the infantilization of publics that become inert and passive, waiting for the state to take care of them. One statistic: 50 percent of all Americans 55 years old or older have less than $50,000 in savings and investment. The feast on the flesh of the future is what debt is.

Let's get a sense of the size of our debt. In 1916, in Woodrow Wilson's first term, the richest man in America, John D. Rockefeller, could have written a personal check and retired the national debt. Today, the richest man in America, Bill Gates, could write a personal check for all his worth and not pay two months interest on the national debt. By 2015, debt service will consume about one-quarter of individual income taxes. Ten years from now the three main entitlements - Medicare, Medicaid, and Social Security - plus interest will consume 93 percent of all federal revenues. Twenty years from now debt service will be the largest item in the federal budget.

Calvin Coolidge, the last president with whom I fully agreed, once said that when you see a problem coming down the road at you, relax - nine times out of ten it will go into the ditch before it gets to you. He was wrong about the one we now face. We are facing the most predictable financial crisis - the most predictable social and political crisis - of our time. And all the political class can do is practice what I call "the politics of assuming a ladder."

There's an old story where two people are walking down the road, one an economist, the other a normal American, and they fall into a pit with very steep sides. The normal American says, "Good Lord, we can't get out." The economist says, "Not to worry; we'll just assume a ladder." This seems to me to be the only approach politicians have to the Ponzi nature of our own welfare state.

It is time for us to understand that the model we share - so far in attenuated form - with Europe simply cannot work. It states that we should tax the rich (a.k.a. the investing and job-creating class), while counting on spending the revenues of investment and job creation. No one has explained to the political class that it is very dangerous to try to leap a chasm in two bounds.

We are now being told that a Value Added Tax is going to be required. A VAT would help the political class to shower benefits on those who can vote for them while taxing people who can't vote for them. The beauty of the VAT is that it taxes everybody, but nobody quite notices it.

We are going to come to a time when America is going to have to revisit Madison's Federalist Paper no. 45, and his statement, "The powers delegated by the proposed Constitution to the federal government are few and defined." The cost of not facing this fact, of not enforcing the doctrine, in some sense, of enumerated powers, is that big government inevitably breeds bigger government. James Q. Wilson, one of the great social scientists in American history, put it this way. "Once, politics was about only a few things. Today, it is about nearly everything."

Once the legitimacy barrier has fallen, political conflict takes a very different form. New programs need not await the advent of a crisis of extraordinary majority, because no program is any longer new. It is seen, rather, as an extension, modification or enlargement of something the government is already doing. Since there is virtually nothing the government has not already tried to do, there is little it cannot be asked to do. And so we have today's death spiral of the welfare state; an ever-larger government resting on an ever-smaller tax base - government impeding the creation of wealth in order to enforce the redistribution of it. They are not, however, fooling the American people.

This morning, the Wall Street Journal announced, with a sort of breathless surprise, that 80 percent of the American people disapprove of Congress - raising a fascinating question: who are the 20 percent!? It is a sign of national health that Americans still think about Washington the way they used to talk about the old Washington Senators baseball team, when the saying was, "First in war, first in peace, and last in the American League." Back then they were run by a man named Clark Griffith who said, "The fans like home runs, and we have assembled a pitching staff to please our fans."

That is why the American people do not mind what they are instructed by their supposed betters to mind, the supposed problem of legislative gridlock. Gridlock is not an American problem, it is an American achievement! When James Madison and 54 other geniuses went to Philadelphia in the sweltering summer of 1787, they did not go there to design an efficient government. That idea would have horrified them. They wanted a safe government, to which end they filled it with blocking mechanisms: three branches of government, two branches of the legislative branch, veto, veto override, supermajorities, and judicial review. And yet, I can think of nothing the American people have wanted intensely and protractedly that they did not eventually get. The world understands, a world most of whose people live under governments they wish were capable of gridlock, that we always have more to fear from government speed than government tardiness.

We are told that one must not be a "Party of No." To "No," I say an emphatic "Yes!" For two reasons. The reason that almost all improvements make matters worse is that most new ideas are false. Second, the most beautiful five words in the English language are the first five words of the First Amendment, "Congress shall make no law." That is: no law abridging Freedom of Speech, no law establishing religion, no law abridging the right to assemble and petition in redress of grievance. The Bill of Rights is a litany of "No's" - no unreasonable search and seizure, no cruel and unusual punishments, no taking of property without just compensation, and so it goes.

The American people are, I think, healthier than they are given credit for. They have only one defect. They have nothing to fear, right now, but an insufficiency of their fear itself. It is time for a wholesome fear of what people with a dependency agenda are trying to do. We have few allies. We don't have Hollywood, we don't have academia, and we don't have the mainstream media. But we have two things. First, we have arithmetic. The numbers do not add up, and cannot be made to do so. Second, we have the Cato Institute. The people in this room are what the Keynesians call "a multiplier." And, for once, they are right!

In Athens, the so-called "cradle of democracy," the demos (a Greek word for "the people") have been demonstrating, in recent days, the degradation that attends people who become state-broken to a fault - who become crippled by dependency and the infantilization that comes with it. We shall see. I think America is organized around the very principle of individualism, which I can illustrate with what is, I promise you, the last baseball story.

Rogers Hornsby, the greatest right-handed hitter in the history of baseball, was at the plate, and a rookie was on the mound. He was, quite reasonably, petrified. The rookie threw three pitches that he thought were on the edge of the plate, but the umpire called, "Ball one! Ball two! Ball three!" The rookie got flustered, and shouted at the umpire, "Those were strikes!" The umpire took off his mask, looked out at the rookie, and said, "Young man, when you throw a strike, Mr. Hornsby will let you know."

Hornsby had become the standard of excellence. If he didn't swing, it wasn't a strike. We want a country in which everyone is encouraged to strive to be his own standard of excellence and have the freedom to pursue it. There are reasons to be downcast at the moment. Certain recent elections have not gone so well. Let me remind you, however, of something, again going back to 1964. In 1964 the liberal candidate got 90 percent of the electoral votes. Eight years later the liberal candidate got 3 percent of the electoral votes. This is a very changeable country.

Recall the words of the first Republican president who, two years before he became president, spoke at the Wisconsin State Fair, with terrible clouds of civil strife lowering over the country. Lincoln told his audience the story of the Oriental despot who summoned his wise men, and assigned them to devise a statement to be carved in stone, to be forever in view and forever true. They came back ere long, and the statement they had carved in stone was, "This, too, shall pass away."

"How consoling in times of grief," said Lincoln, "How chastening in times of pride." And yet, said Lincoln, if we cultivate the moral world within us as prodigiously as we Americans cultivate the physical world around us it need not be true. Lincoln understood that freedom is the basis of values, not the alternative to a values approach to politics. Freedom is the prerequisite for the moral dimension to flower. Given freedom, the American people will flower. Given the Cato Institute, the American people will, in time, secure freedom.


Page Printed from: http://www.realclearpolitics.com/articles/2010/07/26/not_a_state-broken_people_106463.html at July 26, 2010 - 08:59:47 AM CDT

Friday, July 23, 2010

Defining A Federal "Tax"

Why the ObamaCare Tax Penalty Is Unconstitutional
The federal power to tax is not unlimited, as the Supreme Court recognized when it struck down the first national income tax.

By J. KENNETH BLACKWELL AND KENNETH A. KLUKOWSKI

The Justice Department announced last week that it would defend the new federal health-insurance mandate as an exercise of Congress's "power to lay and collect taxes," even though Barack Obama had insisted before the bill's passage that it was "absolutely not a tax increase." The truth is the mandate is not a tax—and if it were it would be unconstitutional.

A tax is when the government takes money from individuals, puts it in the Treasury, and plans to spend it. With the health-insurance mandate, the government is not taking money from private individuals; rather, it is commanding them to give their money to another private entity, not to the Treasury. If individuals don't obey the mandate, they pay a penalty to the Treasury. But penalties aren't taxes. The mandate is legally separate from the penalty.

Even if the Justice Department were to get the mandate considered a tax, it would be an unconstitutional one. Unlike states, the federal government has limited jurisdiction. Under the 10th Amendment, the federal government has only those powers enumerated by the Constitution, and all other powers are reserved to the people or the states. Every federal action must be authorized by a constitutional provision. If there is no such provision, then the action is unconstitutional. No provision of the Constitution authorizes the federal government to command people to buy insurance.

The Taxing and Spending Clause in Article I of the Constitution gives the federal government broad power to tax the American people. But that power is not unlimited.

The Constitution originally allowed only three types of taxes. The first was a duty(1), which is a tax on imports. The second was an excise tax(2), which is a tax for the privilege of doing something, such as buying alcohol or holding a professional license to practice law. Both duties and excise taxes are indirect taxes that can be passed on to consumers.

The third type of tax was a direct tax(3), which cannot be passed on to someone else. The only type of direct tax permitted by the Constitution was a "capitation tax," or head tax, which every person could be required to pay. The Constitution required that any capitation tax be apportioned, meaning that every person in a given state had to pay the same amount. New Yorkers might have to pay $600 per year while Virginians only pay $500, but every person within each state must pay equally.

When Congress created an income tax in the late 1800s, the Supreme Court struck it down on the grounds that it was a direct tax but not apportioned. That 1895 decision, Pollock v. Farmers' Loan & Trust, rejected the idea that Congress had some generic power to tax outside the three categories laid out in the Constitution.

That's why, in 1913, the 16th Amendment to the Constitution was required in order to institute a national income tax. Since then, a tax on income has been the fourth and final type that the federal government can impose (4).

The individual health-insurance mandate fits into none of these four categories and is therefore not constitutionally justified as a tax.

But the Constitution is only as good as the Supreme Court interpreting it. The Senate's imminent vote on Elena Kagan's nomination is a poignant reminder that we need a court that faithfully upholds the Constitution. Such a court would strike down ObamaCare.

Mr. Blackwell is the former Treasurer of Ohio and a professor at Liberty University School of Law. Mr. Klukowski is special counsel at the Family Research Council and senior legal analyst at the American Civil Rights Union. They are the authors of "The Blueprint: Obama's Plan to Subvert the Constitution and Build an Imperial Presidency" (Lyons, 2010).

Copyright 2009 Dow Jones & Company, Inc.

Wednesday, July 14, 2010

Guarding Against Government Abuse of Power

Booting the Constitution?
by Donald Devine

In reacting to the BP oil spill, President Barack Obama famously said he was consulting with the experts “so I know whose ass to kick.” His Interior Secretary Ken Salazar topped his boss when he promised to keep his “boot on the neck” of BP top executive Tony Hayward, recalling George Orwell’s book “Nineteen Eighty Four,” where he defined totalitarianism as “a boot stamping on a human face, forever.” When poor Hayward testified before Congress in June, he was hit from both sides of the political isle and was lucky to escape with any dignity at all.

President Obama then followed words with action and demanded that BP create a $20 billion fund to pay for the negative effects of its oil spill. Yet, as Penn State law professor David Zaring responded to a Wall Street Journal legal reporter when asked whether the president had the legal authority to do so, he replied: “I doubt it. The Oil Pollution Act, which gives the government special powers in this area, caps economic damages for off-shore drilling at $75 million. The government can also require the company to pay for clean up costs, and there’s this interesting provision in section 2716 of the Act, which applies to offshore facilities in the event of catastrophe. [In certain instances, the Section allows liability up to $150 million.]” But what is a little thing like the law when the public is so aroused?

Was the public angry? When Texas Congressman Joe Barton called the probably illegal Obama demand a “shakedown” he was forced by his own Republican Whip and leadership to recant or lose his ranking membership on the energy committee. The White House press secretary condemned him at his daily briefing and the Democratic Party promised to run campaign ads against the whole Republican Party. The dean of the Washington press establishment justified the rebukes on the ground that “almost everyone else” agreed with the president’s action and so the statement was politically foolish. There was no comment about the legality or lack thereof of the proposed action or even a remark about the courage it takes for a Congressman to tell the truth to an angry multitude.

America’s Founders feared concentrated power, even the power of the people. Fortunately, the Constitution these days is back in vogue among the people, especially on the right. In Federalist Paper 10 “Father of the Constitution” author James Madison claimed there were only three solutions to their presumption that human beings were created free. The first was “destroying the liberty that is essential to” the disorder that results from freedom. He argued that authoritarian solution would be equivalent to the foolishness of destroying air to suppress the possible dangers of fire that sometimes causes harm. Freedom causes disorder but it is also as essential to vibrant human life as is air to nature.

The second solution is to demand or manipulate things so that all citizens or at least a majority agree upon the same opinion, the solution of Mr. Obama and the progressives when he insists that all Americans need to “come together on common goals.” This Madison dismisses as “impractical” as long as people naturally have different interests and types and amounts of property and are allowed to exercise their freedoms.

The third and proper solution according to Madison is “controlling its effects” – the negative effects of freedom – through a “proper structure” of the government, one which allows popular representation but balances public interests between multiple institutions that share power.

If men were angels, no government would be necessary. If angels were to govern men, neither internal nor external controls on government would be necessary. In framing a government which is to be administered by men over men the great difficulty lies in this: You must first allow the government to control the governed; and in the next place oblige it to control itself. A dependence on the people is, no doubt, the primary control on the government but experience has taught mankind the necessity of auxiliary precautions.

This view of humanity was set deep within the Western tradition, seeing human nature not as a univocal bad or good but as a balance between angelic and troublesome tendencies. If man were a devil, no good form of government could be created because he would corrupt it. If he were an angel, no government would be necessary to control him because he would always act virtuously. This tradition of the Founders viewed human beings as somewhere in between where differences, divisions, factions and even conflict are innate to social life, arising naturally even from minor disagreements. Major differences, as over religion, have led to great disorder but the most enduring source of conflict is over property and the inequality that results naturally from freedom of its possession. But freedom also promotes the commerce and entrepreneurship that drives the engine of prosperity.

Why not just limit freedom to eliminate its ill effects? Individual rights come from and are justified by the fact of a Creator who endowed individuals with “unalienable rights” and governments were to be evaluated based upon how well they secured those rights. Only by placing those rights in a place human power could not reach, could they remain secure from encroachment, especially from government. It was the fact that these Creator’s rights were abused that justified America breaking from England. As long as the government generally respected the Creator-given rights, the citizen was obliged to obey.

Fear of government abuse underlay the entire structure created by the American Founders. Without the proper internal and external restraints, even the people would abuse freedom. Progressives today consider such fear outdated. The man most responsible for making the progressive view the dominant one – at least among intellectuals and political elites – in the United States was former president and academic, Woodrow Wilson, in his enormously influential classic, Congressional Government, way back in 1885.

Wilson had just returned from observing European governments and came away enormously impressed how they, especially Prussia which was a rising power that had created the first welfare state, had concentrated government power to do good for society. He came to the conclusion that America’s “federal government lacks strength because its powers are divided.” This is the “defect which interprets all the rest,” he argued. The American Founders simply “shrank from placing sovereign powers anywhere.” The problem was the Constitution itself: “It is therefore manifestly a radical defect of our federal system that it parcels out power and confuses responsibility.”

The Founders were so obsessed with controlling power, Wilson argued, because they believed it would inevitably lead to abuse. But power could be harnessed to do good if there was a popularly elected government. The U.S. should at least follow Britain and combine the legislative and executive branches. Unifying power and the resulting accountability from having one institution responsible for all decisions, he insisted, were the “essential constituents of good government.” As early as the preface to his 1900 edition, Wilson could applaud the shift of authority from Congress to the president as the result of the Spanish American War for moving in the required direction, which centralized power he advanced mightily when he became Chief Executive a few years later. Except for his immediate successors Warren Harding and Calvin Coolidge and later Ronald Reagan, all following presidents held his rather than the Founders’ views.

The Founders were well aware of the problem and put great emphasis upon courts isolated from popular pressure to limit abuses resulting from mass jealousies and resentments, especially by popular representatives to gain popular favor against the more privileged in difficult economic times. It is unquestioned legal doctrine today that national courts are expected to review countrywide (if not necessarily local) legislative and executive actions and test whether they have abused Constitutional protections of freedom, especially those protected by its first ten amendments in the Bill of Rights.

Consider the case of unpopular business executive Jeffrey Skilling, the former CEO of the Enron oil-trading and financial company. He was prosecuted in 2006 when his energy empire collapsed and financially hurt many employees, pensioners, investors, clients and customers. He was convicted on several accounts including the crime of depriving others of ones “honest services.” He was quickly judged guilty and sent to prison for 24 years. But on June 24, 2010, the Supreme Court overturned that part of his conviction because the term honest services was so impossibly vague it did not allow a normal person to understand beforehand that he might be engaging in criminal behavior. The same day a similar conviction of publisher Conrad Black was reversed, which was expected to reopen at least a half-dozen other such cases.

In these days of ideologically divided and even partisan courts, what was unique about this controversial case was that it was unanimous. It is true that the three most conservative justices argued to invalidate the law completely and the full majority only agreed that Congress should try to redraft the concept in a more concrete manner. Yet, the fact that the entire court overruled the convictions was significant. The decision was written by progressive stalwart Justice Ruth Bader Ginsberg and the justices, especially the more progressive ones, took criticism for freeing these so-called “top dogs of business.” Indeed, that same Washington Post op-ed called the decision “a free pass for the corrupt.”

The vague concept of so-called honest services had long been subject to judicial scrutiny and was actually overturned previously in 1987, after which Congress tried to tighten the definition. Still, according to Columbia University law professor John Coffee, executive branch prosecutors used “any kind of skullduggery,” to keep broadening its application. “It’s a technique used to go after the infamous as opposed to the criminal,” added Washington attorney Paul Wareham, “and its high time that it’s over with.” Congress will try again and nothing has been done about the abuse of the conspiracy statutes, at least so far, but this nonetheless was an important step toward using legal rather than emotional or political reasoning when deciding constitutionality.

Are the progressives correct that human nature and its representatives can be trusted with centralized power even when their passions are hot? Or were the Founders correct that power needs to be checked and balanced by different institutions or it will be abused? What if Sec. Salazar had the unchecked power to use his boot? The people, fortunately, still see human nature more like the Founders than the progressives. The prestigious Pew poll – after repeating the research three times due to its belief it must be a “misread” of how angry people were – found that only 22 percent of Americans say today that they trust the government in Washington “all” or even “most of the time,” near an historic low. Americans still know better than to trust human nature without the proper Constitutional restraints.

Donald Devine, the editor of ConservativeBattleline Online, was the director of the U.S. Office of Personnel Management from 1981 to 1985 under Ronald Reagan and is Senior Scholar at Bellevue University’s Center for American Vision and Values.


Wednesday, July 7, 2010

No Celebration Needed

Dependence Day: Where are we headed?

The reason we Americans observe July 4th is self-evident. Or it ought to be. We wonder sometimes.

The Declaration of Independence makes very clear why the colonists took up arms against their own government:
"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of Happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed."


One sentence was all it took for the signers to explain why government exists. It is "to secure these rights." End of explanation.

That is the foundation of our great national experiment. Tired of the abuses heaped upon them by King George III and Parliament, the colonists, all British subjects, hit "reset." They risked, and many lost, their lives for one simple reason: to create a government that would secure their rights -- and do nothing more.

Today, however, we ask our government to do just about everything. If we lack a creature comfort, where is the first place many of us turn? To Washington. We ask it to provide us with job security, a pension, food and medical care, even entertainment (what else is the National Endowment for the Arts?).

The less we do for ourselves and our fellow man, the more Washington expects it should do for us. Instead of protecting our rights and otherwise leaving us alone, we have a government that seeks to provide for us and, increasingly, direct our behavior. And no foreign power imposed this upon us. We did it to ourselves.

It is time we decide whether we will return to being a people "free and independent," as the Founders intended, or whether, like Europe, we want to become a people safe and dependent, our liberty sacrificed for whatever security we can grab via the collective power of the state.

© 2010, Union Leader Corporation.

Friday, July 2, 2010

Legacy of Free Enterprise

The Other 1776 Freedom Legacy

Our nation will soon celebrate its 234th birthday. Another event of profound and enduring significance also occurred in 1776. It was the publication of Adam Smith's The Wealth of Nations.

Our Declaration of Independence and the subsequent Constitution turned out to be enormously important for the cause of freedom not only in this country but what they inspired in other countries around the world. The Wealth of Nations and the lessons it taught have also reverberated far and wide since its publication. Smith's insight and genius are reflected in the book's full title -- An Inquiry into the Nature and Causes of the Wealth of Nations. In a systemic way Smith set out to understand and explain the sources of a country's economic health and growth.

The average life expectancy in England at the beginning of the 19th century was 41 years. At the beginning of the 21st century in the U.S. the life expectancy was 78 years. What accounts for that unprecedented improvement in human welfare? There are numerous factors -- better nutrition, sanitation, refrigeration, advances in medical knowledge, for example -- but most of them would not be possible without dramatic improvements in productivity and material wealth.

Recent history has reminded us of the widespread hardship resulting from economic stagnation. The worldwide recession has made virtually all our societal problems worse. More than two and a quarter centuries ago Adam Smith recognized the critical importance of economic growth and vitality.

Smith took issue with the prevailing political-economic philosophy of the time, something called "mercantilism." The mercantilists believed that a nation's power and strength depended on accumulations of gold. The mercantilists advocated government policies encouraging exports and discouraging imports, something we now refer to as "protectionism." It is a policy that some still advocate.

Smith built a devastating case against mercantilist logic. He showed that a nation's strength stemmed from its productivity and the efficiency of workers and businesses. He explained how a free market economy generates incentives and signals that push the economy in the direction of productivity and growth.

The first sentence in The Wealth of Nations makes the following observation: "The greatest improvement in the productive powers of labor, and the greater part of the skill, dexterity, and judgment with which it is anywhere directed, or applied, seem to have been the effects of the division of labor." Smith was referring to what we now call specialization, and it continues to be one of the most important sources of economic progress. If not for the market and voluntary exchange we would all need to self-sufficient. Self-sufficiency makes specialization impossible.

Just as our Constitution laid the groundwork for political freedom, The Wealth of Nations established the intellectual foundation and rationale for economic freedom. He showed that government interference with the free market almost always does far more harm than good. He showed that unfettered voluntary exchange is the best path to economic progress.

Smith explained that in a market economy, "Every individual necessarily labours to render the annual revenue of society as great as he can. He generally, indeed, neither intends to promote the public interest, nor knows how he is promoting it. He intends only his own security; and by directing that industry in such a manner as to produce the greatest value, he intends only his own gain, and he is in this, as in many other cases, led by an invisible hand to promote an end which was no part of his intention."

Smith was a persuasive and masterful writer. For example, "Taxes on the necessaries of life have nearly the same effect upon the circumstances of the people as a poor soil and a bad climate."

Smith did not invent the free market. No single person did. He was the first, however, to grasp and understand how a market system functions. He therefore made it possible for others to understand and see the benefits of the market.

The primary value of having a theory of the free market is to provide a defense against those who want to interfere with it. Since well before Smith's time there has been no shortage of those who want to substitute their judgment for that of the market.

A market economy can function whether or not anyone understands how it functions. A free market system is one of "spontaneous order." The auto-pilot nature of the market is one of its greatest strengths, but it is also its greatest vulnerability. The market's immense benefits get taken for granted. Since being aware of how the market functions is not a necessity, most people don't bother learning about it.

The central theme of Milton Friedman's classic Capitalism and Freedom is that a free market is a necessary condition for achieving political freedom. You can't have one without the other. As we celebrate the birth of our political freedom we should also give thanks for another event that year that helped make our freedom meaningful and enduring. We can give thanks for those freedom-loving geniuses who lived on both sides of the ocean.

And using Adam Smith as an inspiration we should all do what we can to combat the latter day "mercantilists" in all their various incarnations. Many things have changed since 1776, but our fundamental challenges remain the same.

Ron Ross Ph.D. is an economist and author of The Unbeatable Market. He can be reached at rossecon@gmail.com