The Metaphor to Nowhere

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Recently I was invited to attend a national educational conference for college teachers and administrators. I was also invited to send a proposal for a presentation at the conference. I was slightly doubtful about the value of the conference when my proposal was accepted without any vetting — I wasn’t asked to supply my credentials, my background, my experience in the field, or the literature (if any) that I would be using for my presentation. As a matter of fact, I have no specific training in the subject. I have been working in an administrative position for less than a year, and it is not in the field for which I earned my degrees. In short, although I’m a pretty good speaker and I think I have gained some valuable insights from my experiences this year, I have absolutely no qualifications to make a presentation.

I was even more troubled when the conference schedule was sent to me. It offers ten sessions per hour for three days. Just for kicks, I asked the conference coordinator how many people are expected to attend. “Between 200 and 300,” she responded. You do the math: just about every attendee is a presenter! Who knows whether any of them have anything valuable or cogent to say to me? How should I choose which of the ten sessions per hour to attend?

Titles might be helpful, right? So here are some of the offerings during the first couple of hours:

A Self Sustaining Village. A Village of Volunteers. Bringing Online Students into the Village. It Takes a Village to Raise a Budget. It Takes a Village to S-T-R-E-T-C-H a Budget. Developing a Drop In Village. Let the Editorial Village Help you Decide. It Takes a Village: REACH . . . Building a Village to Market Learning Services. Our Students are a Village. And here’s a little twist: Build it and They Will Come. Stream it and They Will Come.

Sheesh!

These faceless “colleagues “of mine seem not to have a creative thought in their brains. This tired old metaphor they’ve trotted out harks back to the wife of a president from three administrations ago! It’s nearly 20 years old! And these folks are supposed to direct me into the future of education?

Sigh. What a waste of time and travel money. I’ll bet most of it is funded by Title V grants. Don’t even get me started on that.

I sent my regrets.




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Vast New Possibilities for Government Control of Our Lives

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Now that we know that the key for politicians to make unconstitutional demands on us is simply to levy a tax on those of us who are recalcitrant, vast new possibilities open up for people who are certain they know better than we do how to run our lives.

For instance, Michelle Obama can begin promoting a Healthy Eating Act, whereby we will all be forced to buy a requisite amount of veggies each week, including my unfavorite, broccoli. I suppose if the fine, er, tax, is not too onerous, I will find that paying the tax is still preferable to filling my garbage bin with things I can't tolerate.

And while the liberals among us are wetting their pants in anticipation of getting to impose those and similar rules, I will be proposing the Affordable Police Protection Act to my representative and senators. It will require every head of household to buy a personal defense handgun and maintain it in an easily accessible place in the home, thus warding off various criminals and reducing the costs of police forces and criminal courts. Or maybe it could be made even stronger and require every adult citizen to carry a handgun at all times, thus reducing crime even more.

Either way, people who absolutely refuse to do their part in the anti-crime and cost-of-policing-reduction effort will be required to pay a tax to offset the costs of dealing with criminal types who continue to operate, hoping to take their own chances with such scofflaws. Of course, the police can spend some time checking random citizens to verify that they are carrying their weapons and weapons permits at all times. Oh, I suppose that proof of purchase might be filed with our 1040s each year, but still there would have to be some way to verify continued ownership. Which should take precedence, though, the Fourth Amendment or the power of Congress to tax?




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The Second Hander

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In my last article on the legal challenge to Obamacare I expressed optimism that Obamacare would be struck down. However, in an earlier Liberty article I had said it had only a 1% chance of being overturned. As it turns out, Obamacare was upheld, in a 5–4 decision that is a devastating loss for libertarians and the death of hope for saving the US healthcare industry from a slow decline into socialized medicine.

What happened? In my last essay I said that Justice Kennedy was the swing vote, and he was expected to vote against Obamacare. And that's what he did. With his vote we should have won. But he was not, in fact, the swing vote. Chief Justice John Roberts, whom George W. Bush appointed to be a conservative bulwark, turned traitor and voted with the court’s liberals. Why?

When I was in law school the chief justice was still newly appointed, but he had already gained notoriety as a person deeply concerned with how the public viewed “the Roberts Court” (Supreme Court eras are often named after the chief justice who presides over them — the Rehnquist Court, the Warren Court). Roberts has proven himself a conservative in other opinions. He is reported to be a brilliant man, and surely knew what was at stake in the Obamacare case. But it appears he was so deeply worried that the public, influenced by both the Citizens United and the Obamacare decisions, would perceive the Roberts Court as an extremist ultra-Right court that he cared more about what other people thought of him than he did about his own ethical convictions. Judges do not face reelection, but the famous ones often care deeply about how history will view them. To simplify things, he was too embarrassed to be a principled conservative.

In that sense I liken him to Peter Keating, the “second hander” in Ayn Rand’s novel The Fountainhead. Peter Keating has no conviction or integrity, but “selflessly” lets other people create and define the goals and aspirations that he then pursues with ruthless ambition. Chief Justice Roberts has no internal principles, but simply goes with the public sentiment, or what he perceives to be other people’s perceptions of his court. The Supreme Court was designed by America’s founders to be a check on the actions of Congress in order to protect the American people from unconstitutional laws. The Court has failed, and the commerce clause has now lost all meaning. But the origin of this crisis lies with human psychology, not legal doctrines.




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Nanny Tries to Resurrect Pappy

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This recent story has gone virtually unnoticed. It is a report that the federal government — yes, our very own nanny-state — has funded anew one of its many websites: www.fatherhood.gov. The site is devoted to teaching American men and — let’s not be sexist! — American women how to be good fathers.

The site gives just tons of terrific tips about being a good dad, such as: it is the father’s job to provide healthy meals for his kids, and actually to eat meals with them. (This is a revelation: I thought that since the government is advertising to get people to apply for food stamps, the rolls for which have swollen to an all-time high of 47 million, it is in fact the government’s job to feed the kids.) And there is other vital information, available nowhere else. There is a video about how to wash your hands, with narration that instructs: “Wet hands under running water, add soap, and rub all parts of the hands and fingers for 15 seconds.”

The things you can learn from government! I never knew you had to use soap!

The site offers some even more desperately needed videos on reading, “constructive play,” and — most amazing — brushing your teeth.

There is a richly layered irony in this. Begin with the fact that the website was funded most recently by the 2005 Deficit Reduction Act. The idea that deficit reduction is advanced by funding completely superfluous government websites is self-evidently ridiculous.

Now add the bigger point. Here we are, nearly 30 years after the publication of Charles Murray’s Losing Ground, the definitive analysis of the massive destruction brought to the American family (and society) by the benighted changes to the welfare programs in the early 1960s. The new form of welfare basically paid young girls to make horribly bad life choices, mainly to have children too young and out of wedlock. The illegitimacy rate in the inner city spiraled out of sight, hitting 25% by the mid-1960s (when Daniel Patrick Moynihan wrote his famous report on the black family crisis). In the inner city, the first of the month was dubbed “Father’s Day,” in grimly humorous recognition of the fact that the only “father” in these broken welfare families was Uncle Sam.

Over the decades since, the welfare state’s iatrogenic pathology has spread from the inner city to mainstream America. Now over 70% of all black children, 50% of Hispanic children, and 25% of non-Hispanic white children are born out of wedlock. The rate of illegitimacy for all American births is currently 41%, and for American women under 30, it is a stunning 53%.

So the richest irony of all is that the nanny state that did so much to eliminate fatherhood is now trying to train men to be fathers.

In fine, now that nanny has choked pappy to death, she is trying to resurrect him.




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Taxes on Buying and Not-Buying

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In his decision on the healthcare law, Chief Justice Roberts interprets the "penalty" on not buying health insurance as a tax. He recognizes that it is meant "to affect individual conduct." But such taxes, for example import duties, are nothing new. As Roberts says (pp. 36–37 of the decision), "Today, federal and state taxes can compose more than half the retail price of cigarettes, not just to raise money, but to encourage people to quit smoking. And we have upheld such obviously regulatory measures as taxes on selling marijuana and sawed-off shotguns."

But the import, cigarette, marijuana, and shotgun examples are taxes on selling and buying something. The penalty regarding health insurance is a tax on not buying something. Does Roberts really mean to constitutionalize a tax on not buying whatever Congress may specify? What has become of constitutional limits to federal power?




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The Fast and Furious Investigation: Quick or Dead?

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On June 28 the US House of Representatives voted 255-67 to hold Attorney General Eric Holder in contempt of Congress for failing to provide documents subpoenaed by the Oversight and Government Reform Committee. Although the vote was largely along party lines, it still represented the first time in American history that a cabinet member has been found in contempt of Congress.

Partisan or not, the contempt vote was more than justified by the facts. The attorney general has stonewalled Congress’ investigation of Operation Fast and Furious, a crazy policy which amounted, in substance, to running guns into Mexico with the expectation that this would lead to prosecutions and the interdiction of weapons trafficked to Mexican drug cartels. One US border patrol agent has already died as a result of Fast and Furious, as have an untold number of Mexicans. Hundreds of the guns remain in the hands of criminals who will not hesitate to use them to kill people. While it should be noted that tactics resembling Fast and Furious were first employed by the Bush Justice Department, the stupidity was ratcheted up in a big way under Holder. In any case, the attorney general has provided Congress with about one tenth of the documents under subpoena, and contradictions have cropped up in his congressional testimony. The whole business stinks, and yet the scandal remains (except on the Fox News channel) for the most part under the radar screen.

On the day of the contempt vote I heard some talking head on a cable news program declare that the timing of the vote showed that the Republicans were not veryserious about pursuing their investigation. On the contrary, the vote was scheduled to coincide with what the Republicans thought would be an overturn of Obamacare by the Supreme Court — the second blow of a double whammy that would jumpstart the Republican effort to take the White House. This plan backfired when Chief Justice John Roberts found a way to declare Obamacare constitutional. The unexpected reversal of fortune for Obamacare washed the contempt vote right out the public consciousness.

It is a fact that the New York Times and the Washington Post have done little to get to the bottom of Fast and Furious. Nothing illustrates the mainstream media’s bias in favor of Obama more than its (non)response to this scandal. Even less surprising is the absence of a Democrat version of Howard Baker asking publicly “What did the attorney general (and possibly the president) know, and when did he know it?” Obama is no Nixon, but Holder might be another John Mitchell. We’ll never know for sure, because Holder, unlike Mitchell, will never wind up in the dock (the Justice Deptartment is not about to file criminal contempt charges against its own AG). So much in life depends on who you are, and even more on who your friends are.




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Like Father?

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Republican Rand Paul, scion of libertarian lion Ron Paul, has done something amazing.

He has endorsed the Republican candidate for the presidency.

Libertarian movement chronicler Brian Doherty put the situation nicely when he said, “There are a lot of Ron Paul people who like to think of themselves as a ragtag rebel army. But Rand Paul is clearly positioning himself to play the part of the loyal opposition. Emphasis on loyal.”

That he endorsed Romney was bad enough to some ofhis father’s supporters, but that he did it while his father was still seeking the nomination (even if not actively campaigning) was especially galling. Here are a few of the comments Rand Paul’s action elicited online:

  • “Nothing but a Judas! Burn in hell Rand!”
  • “Shame on you rand . . . you sold out on everything your father stands for . . . Damn you.”
  • “I did not donate my treasure and time to end up supporting flip-flop. I feel like a deal with devil has been made.”

My favorite, though, is this bit of conspiracy theory: “The only thing that makes sense is that they must have lured him in with a hot woman and set him up with photographs of the event. . . . No son would do this to his own father.”

I dunno . . . maybe he was enticed by a whole group of hot women. Or maybe he figured that: (a) Obama is infinitely more distant from Paul’s principles than Romney is; (b) Romney has a good chance of winning; (c) in office Romney will have people of all ideological persuasions trying to influence him; and (d) by being one of those voices, Rand Paul will be able to advance his own principles.

I think the second "maybe" is the likelier one. I also note that Rand Paul has followed his endorsement of Romney with an essay strongly criticizing Romney's position on war, foreign policy, and the Constitution itself. Apparently there weren't enough of those women.




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The Hoot-Out at the OK Corral

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Say, what is it with these lousy mouse-munchers? Every time you turn around, the damned spotted owl is making people’s lives miserable, with the able assistance of the federal government.

A story out of Tombstone, Arizona, reports that the legendary town — erstwhile home of Doc Holliday and the Earp Brothers, and venue of the most famous gunfight in Western history, the OK Corral — is being destroyed by the US Forest Service. Yes, this storied burg that survived the guns of the outlaw Cowboy gang (Ike and Billy Clanton, Tom and Frank McLaury, and Billy Claiborne) is in danger of being throttled by the talons of the now legendary bird, backed by the now infamous Forest Service.

You see, last summer there was a fire in the nearby mountains, where the springs that provide water for the town are to be found. The fires burned away the ground cover, and recent rains have washed away part of the 26-mile pipeline that brings water into town. The pipeline has been there for over 130 years and needs to be repaired quickly, or the next round of rains will wash it away. Since Tombstone’s reservoir has run dry, this will pretty much kill the town.

Enter the owl. Forest Service rangers have discovered a nest of spotted owls — Mexican spotted owls, to be precise. Pero caramba! The species has been declared “endangered” (in the United States) so the Forest Service is trying to stop the town’s residents from using machinery to repair the pipeline.

Tombstone has gone to court, saying that since it owns the springs in question, it shouldn’t need the federal government’s permission to rebuild the pipeline. (The town is defended by the wonderful Goldwater Institute, and hundreds of ranchers, not to mention Western fans, throughout the West.) The feds respond that the town is just using this as an excuse to expand its water supply — a horrible sin, no doubt, for a desert town. Why exactly the construction equipment would harm the birds, which managed to survive the fires, is unclear — but then, almost everything the Forest Service does is unclear.

Its mindset is revealed by the answer one of its supervisors gave in court to the question, “What is more important, owls or the people of Tombstone?” The moral idiot replied that it is hard to say.

And so far the Forest Service is winning, of course, in federal court. The US Supreme Court just recently turned down Tombstone’s request for an emergency injunction to allow the use of construction equipment to repair the pipeline. The Forest Service will only allow individuals using hand shovels to do some repair work, in the 100 degree heat.

So an historic town may die because the government is worried about whether a couple of tractors will scare away Mexican spotted owls, however many of them there are. The Tombstone epitaph will wind up reading, “What the Cowboys could not kill, the Spotted Owls did!”




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Abundant Resources

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Free market advocates have long argued that there is no shortage of fossil fuel (oil and natural gas) in the US, for as long as that is going to be the dominant energy source in this country — in other words, for the foreseeable future. We have argued that the US ought to use its own abundant supplies.

We argue this on national security as well as economic grounds. Building regulatory walls against exploiting our abundant fuel reserves deprives the nation of jobs and wealth, so it is economically stupid. This is obvious. But it should also be obvious that those walls channel money to regimes that wish us all manner of ills, even extermination — so the restrictions are strategically stupid. We send ever more troops to ever more dangerous places, so we can keep importing that which we have utterly no need to import.

It is with interest, therefore, that I note the complete lack of interest shown by the mainstream media in the congressional testimony of the federal government’s own Government Accountability Office (GAO) regarding America’s fossil fuel reserves.

The GAO reports that the Green River Formation of shale (which lies under the area where Colorado, Utah, and Wyoming join) contains the world’s largest known oil shale deposit, holding an amount of recoverable oil equal to all the world’s proven oil reserves. In fact, Anu Mittal, director of natural resources for the GAO, testified that the formation contains about three trillion barrels of oil, about half recoverable with known technology. And remember — we can only guess at future technological improvements.

In fact, the GAO now estimates that the US has more by way of fossil fuel reserves than any other country on earth by far, with Russia in second place and Saudi Arabia a distant third. Bottom line: even while Obama is telling the public that we use 20% of the world’s oil and have only 2% of the known reserves, his own GAO reports that America has the largest reserves of fossil fuel on the planet.

But while Russia, Saudi Arabia, and other energy endowed countries are moving ahead to develop what they have, our government would rather block our own development. Go figure.




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Schools: What Kind of Reform?

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Now that Governor Scott Walker has won the recall election, Wisconsin is pushing through the education reforms that were part of his 2010 legislative agenda. Like most education reform initiatives, Wisconsin’s contains some form of merit-based teacher pay and a voucher system. Indiana has proposed similar reforms, and Louisiana Governor Bobby Jindal and New Jersey Governor Chris Christie have made national headlines with education reform plans that in some ways resemble Wisconsin’s.

The proposals are pushed by Republicans who tout them as free-market solutions to the education problem in their respective states. But what they don’t say, or perhaps don’t see, about their proposals may make the system worse than the one we have.

Teachers object to having their pay tied to student performance. But this is what happens all across the private sector. If a manager’s employees are not doing what the company demands, the manager will be replaced. Likewise, if a high school coach’s team doesn’t win enough games, the coach will be replaced. Teachers must be held accountable if their students are not learning, and be rewarded if they are. It is time they were held to the same standard as everyone else.

The practical problem isn’t whether teachers should be assessed, but how they should be assessed. Yet that means there’s still a problem.

Standardized tests are the primary measure by which we judge a student’s level of achievement, and changing our measure of achievement must be among the first reforms enacted. Standardized testing prohibits experiential learning and diminishes the value of differentiated instruction. As an educator, I have found that certain topics are more attractive to students than other subjects, and those topics change from year to year and class to class. For instance, in 2001 my ninth-grade world history class we dedicated significantly more time to world religions, particularly Islam, than had originally been planned — because of what happened on 9/11. Had there been a standardized history exam I would never have been able to capitalize on the students’ interest, and we all would have missed out on a teachable moment.

So whatever measure states use to evaluate teachers must not limit their flexibility or autonomy. This goal is doubly difficult to achieve, however, when government enters the picture, even in the form of a school voucher system.

Supporters of school choice ground their argument in free-market principles. Opponents object that tax dollars will be siphoned away from already cash-strapped schools. The reply is: “If you want the money, you must earn it.” Where there is a monopoly, providers become inefficient and weak. Where there is competition, we see innovation and greater progress. A school voucher program works to break the monopoly to allow free market mechanisms to enter the education system. Ironically, however, it is the government that is seeking to instill this aspect of the free market.

We should be wary of that. If the government begins, indirectly, to fund private schools through vouchers, the schools will not have to be as competitive when trying to secure funding either from student tuition or from donors.

Any time government takes action there are unintended consequences, and there are at least two educational consequences that we can see looming on the horizon already. The first is an undermining of free market principles. The second is the opportunity for government to regulate private schools, with vouchers being construed as funded mandates. If private schools begin to depend on indirect government funding, then the government can gain leverage over what these schools teach and how they teach it.

There is no easy solution to our education problems. Problems with education have been documented for more than two millennia. No reform or policy will be the final solution, for education is a process, and improving it should be seen in the same way. Which is why, in the end, we should advocate reforms that promote the greatest amount of flexibility and accountability.




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