Posts tagged with: rule of law

Last week was a busy one, news-wise, and this may have slipped by you. Suddenly, 4.5 million people in the 5 U.S. territories (American Somoa, Guam, Northern Mariana Islands, Puerto Rico and the U.S. Virgin Islands) are now exempt from Obamacare. Just like that.

What’s the story? Obamacare costs too darn much, and insurance providers were fleeing the U.S. territories, leaving many without insurance or at least affordable insurance. These territories have spent the last two years begging to get out from under this law, only to be told the Department of Health and Human Services

has no legal authority to exclude the territories” from ObamaCare. HHS said the law adopted an explicit definition of “state” that includes the territories for the purpose of the mandates and the public-health programs, and another explicit definition that excludes the territories for the purpose of the subsidies. Thus there is “no statutory authority . . . to selectively exempt the territories from certain provisions, unless specified by law.”

Laws, let us remember, are made by Congress. Unless they’re not. For instance, last week, the Department of Health and Human Services said they’d reviewed the situation and

the territories will now be governed by the “state” definition that excludes the territories for both the subsidies and now the mandates too. But the old definition will still apply for the public-health spending, so the territories will get their selective exemption after all.

As the Wall Street Journal notes, there seems to be some elasticity in the White House’s definition of “state.” And, may I add, some elasticity in the democratic process, the Constitution and rule of law. Perhaps a review via Schoolhouse Rock will help.

[Part 1 is here.]

Jonah Goldberg’s Liberal Fascism: The Secret History of the American Left, From Mussolini to the Politics of Meaning, details how the growth of government-corporate cronyism during the past 120 or so years has been largely a phenomenon of the socialist left. Wendell Berry misses this crucial historical insight in his running critique of capitalism, and his missing it draws him into flatly inaccurate claims, as when he asserts that “the United States government’s agricultural policy, or non-policy, since 1952 has merely consented to the farmer’s predicament of high costs and low prices; it has never envisioned or advocated in particular the prosperity of farmers or of farmland …”

This makes it sounds as if the government is largely uninvolved in agricultural markets, letting the winds of the free market blow wherever they wish. It’s true that the U.S. government has moved away from buying and destroying food as it did under FDR in the Great Depression, a statist attempt to prop up commodity prices while countless Americans went hungry. But even since 1952, and in a dizzying number of ways, the American government has been busy erecting all manner of protections for American agriculture, from fat subsidies on rice and other grains to import quotas on sugar, price supports on milk, and a long-running policy of paying farmers and ranchers to idle parts of their land. (more…)

[Part 1 is here.]

Even a cursory look at the annual list of the freest and least free economies in the world suggests a strong correlation between economic freedom and the prosperity of its citizens, including its poorest citizens. But there’s another correlation that tends to capture the attention of those making a cultural critique of the free economy. They note that America is economically free, and that it’s experiencing cultural decay, so they conclude the first causes the second. The conclusion isn’t absurd, but it also doesn’t follow necessarily. Sometimes correlation is due to causation, and sometimes it isn’t. To avoid confusion and false conclusions, we need to distinguish the idea of economic freedom from some things it isn’t.

A lot of people view economic freedom as synonymous with big corporations cutting sweetheart deals with politicians to suppress competitors and consumer choice. This stuff goes on all the time, of course, but it isn’t economic freedom. It’s the leviathan state and big business colluding to manipulate the market, to stack the deck in favor of political insiders. Every market economy on the planet has some of this sort of thing, since economies are operated by fallen human beings. The question is, where does cronyism tend to be the worst? (more…)

Blog author: ehilton
posted by on Wednesday, January 29, 2014

constitutionIn today’s Wall Street Journal, Senator Ted Cruz (R.- Texas) discusses the presidency of Barack Obama, on the heels of the president’s State of the Union address last night. Cruz takes the current president to task on a simple theme: the rule of law.

Rule of law doesn’t simply mean that society has laws; dictatorships are often characterized by an abundance of laws. Rather, rule of law means that we are a nation ruled by laws, not men. That no one—and especially not the president—is above the law. For that reason, the U.S. Constitution imposes on every president the express duty to “take Care that the Laws be faithfully executed.”

Yet rather than honor this duty, President Obama has openly defied it by repeatedly suspending, delaying and waiving portions of the laws he is charged to enforce.

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Acton’s second documentary, The Birth of Freedom, begins with Martin Luther King, Jr.’s “I have a dream” speech and ends with an image from the Civil Rights movement. The documentary, which aired on PBS, explores how the speech is rooted deeply in the Western freedom project and how that centuries-old project is itself rooted in the Judeo-Christian tradition. If you watched one promotional about the documentary, it was probably the official trailer, but Acton also made a shorter teaser for the film, which features King’s speech front and center. Here it is below, and below it, a link to order and share the documentary– (more…)

Women tending a farm field in Kosovo

Women tending a farm field in Kosovo

In its first five years as an independent country, Kosovo has not experienced the positive developments that were hoped for, and remains far behind most countries in terms of economic development and rule of law. It is one of the poorest countries in Europe, boasting a meager 2012 per capita GDP of $3,453. Partly accounting for this low statistic is the minimal involvement of women in the economy. A 2012 World Bank report measures the portion of working-age women employed to be only 11 percent.

Along with scarce economic engagement, Kosovo struggles with corruption. It remains among the countries with the highest corruption levels, receiving a Corruption Perceptions Index 2012 score of 105, a far worse ranking than most states in the region.

In her recent lecture at Calvin College, Sandra F. Joireman, Weinstein Chair of International Studies and professor of Political Science at the University of Richmond, touched on these topics in relation to another major issue in Kosovar society: private property. In her presentation she explained that, “only 8 percent of property in the country is owned by women.” This statistic is far below most all other countries, including Balkan states.

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Martin_Luther_King_-_March_on_WashingtonMartin Luther King’s “I Have a Dream Speech” is steeped in American patriotism, the American Founders, and the Judeo-Christian worldview. Today marks the 50th anniversary of his speech, and King’s remarks are receiving considerable attention. As I mentioned in a past commentary, King made no reference to contemporaries except for passing references to his children and Alabama’s governor. He homed in on the significance of the American Founding and the Emancipation Proclamation while lamenting that there was a check marked with “insufficient funds” for many citizens because of segregation and racial injustice. The Scripture and religious tradition isn’t overtly mentioned until halfway through when King quotes Amos 5:24.

When you read the text of his remarks, you realize King is not offering up new ideas or a political revolution but positing his argument in America’s past and the justice and biblical deliverance that shaped the Western tradition, but specifically America. By borrowing from these ancient truths, King wasn’t just appealing to black America but you could easily argue more specifically to white America. He was using the language and tradition that they were most familiar with. He borrowed from the founders, the American tradition, and its sources. The biblical language he used was one of not just liberation or the Exodus, popular in black churches, but also words that spoke of redemption, an even more familiar theme among America’s white Protestants. Even the “let freedom ring” cadences are an indirect reference to the Liberty Bell, which Americans knew well.

While later in his career and ministry, King would go on to encourage more and more federal action, some needed and some not, the “I Have a Dream” speech is essentially conservative in its roots. And of course without the American tradition of liberty, justice, and the rule of law, the speech would not have been possible and would have rung hollow. Even King’s tactic of Christian appeal through non-violence wouldn’t have been effective against a pagan or secularized culture.

In his speech, King was effective because he appealed to America’s strengths, which were America’s founding, the rule of law, and the strong role of religion and faith throughout the country. These are all things we as a country are moving away from today, and it’s a detriment to not just the appeal King made in his 1963 address, but almost all of the aspects of virtue and liberty in our society. I suspect that fact will be neglected or missed entirely by most of today’s commentators on King’s speech.

Climbing_into_America_Ellis_Island_by_Lewis_HineIt is a moral right of man to work. Pursuing a vocation not only allows an individual to provide for himself or his family, it also brings human dignity to the individual. Each person was created with unique talents, and the provision of an environment in which he can use those gifts is paramount. As C. Neal Johnson, business professor at Hope International University and proponent of “Business as Mission,” says,

“God is an incredibly creative individual, and He said that I’m making men and women in my own image. He made us to be creative individuals … He gave a number of things to humanity and to mankind and said, ‘Look, this is who I want you to be. This is who I’ve made you to be. I want you to take dominion. I want you to exercise your creative gifts.’”

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calvinThough primarily a theologian, the famous Reformation figure John Calvin had much to say about the application of biblical principles to politics. His focus on the sovereignty of God in all aspects of Creation led Calvin to believe in God’s ordinance not only in the spiritual realm, but also in civil government. Citing Scriptural passages such as Proverbs 8:15-16 – “By me kings reign, and princes decree justice. By me princes rule, and nobles, even all the judges of the earth” – Calvin demonstrated that all governments are ordained by God. In Calvin’s mind, therefore, the rule of civil authority was paramount to the governance of society.

Law had been the subject of Calvin’s studies before he joined the Reformation movement. Although originally decided for the priesthood, Calvin had been sent to Orleans to study law by his father following a dispute with a local bishop in Paris. It was in Orleans that the importance of the legal order was first engrained into his mind. From there, he moved to Bourges to study under Andrea Alciato, an ingenious Italian humanist lawyer who taught Calvin new ways of studying and analyzing historical legal sources. Calvin would later use these skills in his analysis and interpretation of the Bible. All his training in France would prepare Calvin for a life of theology and statesmanship in Geneva. (more…)

Reading through Scalia Dissents: Writings of the Supreme Court’s Wittiest, Most Outspoken Justice, I came across this gem: “No government official is ‘tempted’ to place restraints upon his own freedom of action, which is why Lord Acton did not say ‘Power tends to purify.’”

The comments from Justice Scalia emerged from Planned Parenthood of Southeastern Pennsylvania v. Casey (1992). A fuller context to his words gives added meaning to the threat to liberty and the rule of law from activist courts:

The Court’s statement that it is “tempting” to acknowledge the authoritativeness of tradition in order to “cur[b] the discretion of federal judges” is, of course, rhetoric rather than reality; no government official is tempted” to place restraints upon his own freedom of action, which is why Lord Acton did not say “Power tends to purify.” The Court’s temptation is in the quite opposite and more natural direction – towards systematically eliminating checks upon its power; and it succumbs.

Jordan Ballor reminded me of a similar Lord Acton quote: “Everybody likes to get as much power as circumstances allow, and nobody will vote for a self-denying ordinance.”