The Humble Libertarian original

"The powers delegated by the proposed Constitution to the federal government are few and defined," James Madison wrote in The Federalist Papers. In fact, Congress has only 18 such powers, enumerated in Article I, section 8. But since the New Deal, several of those provisions have been read as authorizing Congress to do far more than was ever imagined by those who wrote the Constitution. This has led to a government that’s effectively unlimited—and increasingly unaffordable. A new House rule requires members of the 112th Congress to cite specific constitutional authority when introducing any new legislation. That’s a start, but restoring limited constitutional government will require more than simply "checking a box." If legislators respond to that requirement by reflexively citing the Constitution’s three most widely misunderstood clauses—the General Welfare, Commerce, and Necessary and Proper clauses—they’ll violate the document they’ve sworn to uphold. Instead, t...

Elderly patient in a wheelchair on a hospital ward. Photograph: Bruce Ayres/Getty Images  I’ve commented before about the sub-par government-run healthcare system in the United Kingdom, including patients dying of malnutrition, patients suffering needless pain and discomfort, and patients dying from poor care (additional examples at this link ). I’ve even commented on the NHS wasting money on politically correct nonsense while letting patient care deteriorate. Now we have another distasteful example showing why it is a big mistake to put bureaucrats in charge of health care. This BBC story is a sobering look at America’s future with a government-run healthcare system. Read the rest of Dan Mitchell's post at International Liberty Dan Mitchell is a senior fellow at the Cato Institute Filed by Grant Davies , Regular Columnist, T H L Articles | Author's Page | Website

 Last month, when the conservative Republican Study Committee released its plan for $2.5 trillion in budget cuts over the next ten years, one enormous item of wasteful government spending was conspicuously missing — farm subsidies. Perhaps that reflects the fact that 24 of the RSC's 165 members sit on the House Agriculture Committee, the notorious overseer of farm-welfare programs. Total direct government farm payments to the districts of those 24 representatives alone costs taxpayers more than $1 billion per year. Numerous other RSC members hail from farm states, and therefore have a vested interest in protecting payments to their constituents. We are also seeing the usual quadrennial pilgrimage of supposedly fiscally conservative Republican presidential candidates to Iowa, where they swear eternal fealty to farm subsidies generally, but, even worse, to ethanol subsidies in particular. Perhaps the most revolting example of this spectacle was former House speaker Newt Gingrich...

"Cat groomers, tattoo artists, tree trimmers and about a dozen other specialists across the country . . . are clamoring for more rules governing small businesses," reports the Wall Street Journal in a front-page story today. "They're asking to become state-licensed professionals, which would mean anyone wanting to be, say, a music therapist or a locksmith, would have to pay fees, apply for a license and in some cases, take classes and pass exams." The Cato Institute has been taking on this issue for decades. Read the rest of the David Boaz commentary at Cato-at-liberty.org It takes something really amazing to grab my attention, so I’m almost grateful to Ike Leggett, the head bureaucrat of Maryland’s Montgomery County. He has restored my faith in the extreme foolishness of the political class with a proposal that would require bums to get a panhandling license from the government. And read the rest of Dan Mitchell's blog post at International Liberty Dav...

Libertarians have mixed feelings toward Ronald Reagan . When we’re feeling positive, we remember that he used to say , “ Libertarianism is the heart and soul of conservatism.” Other times, we call to mind his military interventionism, his encouragement of the then-new religious right (“ I know you can’t endorse me, but I endorse you .”), and his failure to really reduce the size of government. But the more experience we have with later presidents, the better Reagan looks in retrospect. And in those moments we’re tempted to paraphrase the theme song of All in the Family and say, “Mister, we could use a man like Ronald Reagan again.” Read the rest of David Boaz's thoughts at Britannica.com David Boaz is the Executive Vice President of the Cato Institute Filed by Grant Davies , Regular Columnist, T H L Articles | Author's Page | Website

Congress believes it has the solution to America's epidemic of joblessness: a so-called jobs bill whose centerpiece is a tax credit for companies that hire one of the 15 million unemployed. Many legislators from the Congressional Black Caucus criticize the bill for not going far enough. And they are right. It doesn't remove one of the many factors that has caused higher unemployment: a government-imposed minimum wage. Today, black unemployment is almost 16 percent and was at a 25-year high, even as the overall unemployment rate declined from 10 percent to 9.7 percent. Read the rest of the article by Richard W. Rahn and Izzy Santa at Cato.org Richard W. Rahn is a senior fellow at the Cato Institute and Izzy Santa is an adjunct researcher at the Center for Freedom and Prosperity. Filed by Grant Davies , Regular Columnist, T H L Articles | Author's Page | Website

The atrocity committed last weekend in Tucson, Arizona, by alleged perpetrator Jared Loughner has predictably generated calls for new gun-control laws in the U.S. Some want bans on the extended-capacity ammunition clips that allowed Loughner to fire more than 30 shots from his Glock semi-automatic pistol without reloading. Others want improved background screening to prevent mentally unstable individuals from purchasing guns. Would these or other laws prevent incidents like the Arizona shooting? Probably not. And such laws, along with existing gun controls, not only harm responsible gun owners but may even increase violence. Read the rest of Jeffrey A. Miron's article at Cato.org Jeffrey A. Miron is a Senior Fellow at the Cato Institute and the Director of Undergraduate Studies in the Department of Economics at Harvard University. Filed by Grant Davies , Regular Columnist, T H L Articles | Author's Page | Website

Here's a new mini-documentary explaining why personal accounts are the only way of dealing with Social Security's huge long-run unfunded liability while also giving workers a chance to enjoy a safer and more secure retirement. Video by Dan Mitchell Vice President at The Cato Institute  Filed by Grant Davies , Regular Columnist, T H L Articles | Author's Page | Website

In the wake of Saturday's horrific murder spree in Tucson that left six dead and Rep. Gabrielle Giffords, D-Ariz., gravely wounded, the House GOP leadership announced that normal legislative business would be suspended. It was the right move, showing proper respect for the victims and avoiding the crass spectacle of partisan votes in the tragedy's aftershock. "It's hard to see what useful lessons about political discourse and public policy we can derive from this tragedy, though that hasn't stopped people from exploiting it to score partisan points. Paul Krugman, who once called for Sen. Joe Lieberman...to be burned in effigy, blasts the Tea Party for allegedly creating a climate of hate," writes Cato Vice President Gene Healy in The Washington Examiner. Read the Rest of Gene Healy's article at Cato.org Gene Healy is a vice president at the Cato Institute. Filed by Grant Davies , Regular Columnist, T H L Articles | Author's Page | Website

I'm a pessimist by nature, but when the New Year dawns, I like to step out of character and look for the bright side. So here's this column's little ray of sunshine for 2011. Bask in it while you can -- we'll soon return to our regularly scheduled programming of unrelenting cynicism and negativity. "These are dangerous times," politicians keep telling us. That's the basis for uberhawk John Bolton's bid for the 2012 GOP presidential nomination. The combative former U.N. ambassador reminds us "of what a tough and dangerous world this is," Ari Fleischer told the Politico recently. So dangerous, apparently, that some conservatives think only a man with a serious mustache can face up to it. The thing is, though, these aren't particularly dangerous times. "Today we are probably living in the most peaceful moment of our species' time on earth," cognitive scientist Steven Pinker notes. Read more of Gene Healy's article at The Wa...

This post could be entitled, “So many bad decisions, so little time,” but let’s have some fun and turn it into a contest. Which bone-headed decision by a local government best exemplifies mindless bureaucracy, politically correct nonsense, and government waste? Contestant Number One is an officer of the Baltimore County Natural Resources Police , who fined two men $90 each for the vicious, horrible, nasty crime of … (please don’t faint) … rescuing a deer. Yes, your eyes do not deceive you. Two hardened criminals used an inflatable raft to free a helpless animal, but they flouted the law by not wearing life jackets. Since I already did a blog post about a man being fined for rescuing a wounded deer , I guess the moral of the story is that bureaucrats don’t like Bambi. Contestant Number Two is ... Read the rest of Dan Mitchell's essay at Cato-At-Liberty.org Daniel J. Mitchell is a Senior Fellow at the Cato Institute Filed by Grant Davies , Regular Columnist, T H L Artic...

More fun for area commuters: Last Thursday, DC Metro officials announced that "anti-terrorism teams" will immediately begin conducting random bag searches. Metro released plans for a similar scheme in October 2008, but never implemented it. That month, in an online chat with Washington Post readers, Transit Police Chief Michael Taborn was woefully short on straight answers. "Can I carry my pocketknife?" an Alexandria resident asked, "and what if I'm returning from the supermarket with lighter fluid for my grill?" Owners of "contraband" will be "subject to prosecution," Taborn replied: "If you are unsure of whether a particular item is contraband, you should seek legal advice." So budget that into your travel time. It's nice that the searches won't be as invasive as an airport porno-scanner or a Transportation Security Administration agent's cold rubber glove. But if ..... Read the Rest of the Gene Healy article...

Since today is Bill of Rights Day, it seems like an appropriate time to pause and consider the condition of the safeguards set forth in our fundamental legal charter. Let’s consider each amendment in turn. The First Amendment says that Congress “shall make no law … abridging the freedom of speech.” Government officials, however, insist that they can enact laws concerning television and radio broadcasting, and even pamphlets ! The Second Amendment says the people have the right “to keep and bear arms.” Government officials , however, insist that they can make it a crime to keep and bear arms. The Third Amendment says soldiers may not be quartered in our homes without the consent of the owners. This safeguard is doing well–so we can pause briefly here for a laugh. Read the rest of Tim Lynch's list at C ato-at-liberty.org Tim Lynch is Director of the Project on Criminal Justice at the Cato Institute Filed by Grant Davies , Regular Columnist, T H L Articles | Author's Page | ...

Today is a good day for liberty. By striking down the unprecedented requirement that Americans buy health insurance — the "individual mandate" — Judge Henry Hudson vindicated the idea that ours is a government of delegated and enumerated, and thus limited, powers. Even if the Supreme Court has broadened the scope of Congress' authority under the Commerce Clause — it can now reach local activities that have a substantial effect on interstate commerce — never before has it allowed people to face a civil penalty for declining to buy a particular product. Hudson found therefore that the individual mandate "is neither within the letter nor the spirit of the Constitution." Read the rest of the article by Ilya Shapiro at Cato.org Ilya Shapiro is a senior fellow in Constitutional Studies at the Cato Institute Filed by Grant Davies , Regular Columnist, T H L Articles | Author's Page | Website

From the howls of outrage greeting the report of the bipartisan National Commission on Fiscal Responsibility and Reform, one would think that they had slashed government to the bone, throwing the elderly, poor, and sick into the street. The commission "tells working Americans to drop dead," said AFL-CIO president Richard Trumka. "Unconscionable," says Rep. Jan Schakowsky (D., Ill.), one of the commissioners who voted against the final report. "Unacceptable," declared outgoing House speaker Nancy Pelosi. In reality, the commission report doesn't go nearly far enough in reducing the size, cost, and intrusiveness of government. As a matter of fact, the commission doesn't actually "cut" federal spending. Read the rest of  Michael D. Tanner's article at Cato.org Michael Tanner is a Senior Fellow at the Cato Institute Filed by Grant Davies , Regular Columnist, T H L Articles | Author's Page | Website

Compared to ideal policy, the deal announced last night between congressional Republicans and President Obama is terrible. Compared to what I expected to happen, the deal announced last night is pretty good. In other words, grading this package depends on your benchmark. This is why reaction has been all over the map, featuring dour assessments from people like Pejman Yousefzadeh and cheerful analysis from folks such as Jennifer Rubin . With apologies to Clint Eastwood, let’s review the good, the bad, and the ugly. Read more of Dan Mitchell's article at Cato-at-Liberty.org Dan Mitchell is a Senior Fellow at The Cato Institute Filed by Grant Davies , Regular Columnist, T H L Articles | Author's Page | Website

I’ve fielded some questions today about the WikiLeaks story, and I’m feeling pretty conflicted. I’m aware of the fact that the leak of classified information could pose a short-term risk to national security, but it is my sense that most of the claims of dire harm are overwrought. There is considerable evidence that much — perhaps most — classified material is improperly classified; governments oftentimes invoke claims of secrecy to shield themselves from embarrassment, not to protect national security. In that sense, some diplomats and government officials might be red in the face today, but I doubt that most Americans are feeling less secure than before the latest revelations from WikiLeaks. Read the rest of the essay by Christopher A. Preble at Cato-at-liberty.org Christopher A. Preble is the director of foreign policy studies at the Cato Institute. Filed by Grant Davies , Regular Columnist, T H L Articles | Author's Page | Website

President Obama will soon meet with the congressional leadership of both parties to reach some agreement about whether or not several critical tax rates will suddenly increase on Jan. 1. He says his "first priority is to make the middle-class tax cuts permanent." Those words conceal a well-crafted trap for Republicans. The president can't possibly make any tax change permanent, since his term of office ends in two years. The lame-duck Congress can't possibly bind even the next Congress, much less all future ones. Read the rest of the article by Alan Reynolds At Cato.org. Alan Reynolds , a senior fellow with the Cato Institute, is the author of Income and Wealth (Greenwood Press 2006). Filed by Grant Davies , Regular Columnist, T H L Articles | Author's Page | Website

"It’s theoretically possible that congressional leaders will use earmarks to help pass legislation shrinking the burden of government. It’s also possible that I’ll play centerfield next year for the Yankees. But I’m not holding my breath for either of these things to happen." "Earmarks are utterly corrupt. The fact that they are legal does not change the fact that they finance a racket featuring big payoffs to special interests, who give big fees to lobbyists (often former staffers and Members), who give big contributions to politicians. Everyone wins…except taxpayers." Read more of Dan Mitchell's article at Cato-at-liberty.org Filed by Grant Davies , Regular Columnist, T H L Articles | Author's Page | Website

For many years I have claimed to anyone who would listen that Republicans and Democrats were different sides of the same coin. As you might imagine that proclamation didn't exactly endear me to cheerleaders for either of those supposedly different organizations. To be sure, there are huge differences between their respective approaches to governance, but I have always maintained that those differences were more along the lines of issues, scope and detail than any philosophical quarrel about whether or not government has the solutions to societal problems. But now that we have been pulled from the most recent wreckage of the American experiment and are lying in the emergency room instead of the morgue, it seems like an excellent time to examine how the crash occurred in the first place and whether it actually made any difference which group was driving when we hit the wall. And just when I was pondering how to make the case anew to the rescued occupants without using the old c...