Wednesday, July 4, 2012

The Declaration of Independence

1337 words that changed the world.

In CONGRESS, July 4, 1776.

The unanimous Declaration of the thirteen united States of America,

When in the course of human Events, it becomes necessary for one People to dissolve the Political Bands which have connected them with another, and to assume among the Powers of the Earth, the separate and equal Station to which the Laws of Nature and of Nature’s God entitle them, a decent Respect to the Opinions of Mankind requires that they should declare the causes which impel them to the Separation.

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.

That whenever any Form of Government becomes destructive of these Ends, it is in the Right of the People to alter or abolish it, and to institute a new Government, laying its Foundation on such Principles, and organizing its Powers in such Form, as to them shall seem most likely to effect their Safety and Happiness. Prudence indeed, will dictate that Governments long established should not be changed for light and transient Causes; and accordingly all Experience hath shewn, that Mankind are more disposed to suffer, while Evils are sufferable, than to right themselves by abolishing the Forms to which they are accustomed. But when a long Train of Abuses and Usurpations, pursuing invariably the same Object, evinces a Design to reduce them under absolute Despotism, it is their Right, it is their Duty, to throw off such Government, and to provide new Guards for their future Security.

Such has been the patient Sufferance of these Colonies; and such is now the Necessity which constrains them to alter their former Systems of Government. The History of the Present King of Great-Britain is a History of repeated Injuries and Usurpations, all having in direct Object the Establishment of an absolute Tyranny over these States. To prove this, let the Facts be submitted to a candid World.

He has refused his Assent to Laws, the most wholesome and necessary for the public Good.

He has forbidden his Governors to pass Laws of immediate and pressing Importance, unless suspended in their Operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.

He has refused to pass other Laws for the Accommodation of large Districts of People; unless those People would relinquish the Right of Representation in the Legislature, a Right inestimable to them, and formidable to Tyrants only.

He has called together Legislative Bodies at Places unusual, uncomfortable, and distant from the Depository of their public Records, for the sole Purpose of fatiguing them into Compliance with his Measures.

He has dissolved Representative Houses repeatedly, for opposing with manly Firmness his Invasions on the Rights of the People.

He has refused for a long Time, after such Dissolutions, to cause others to be elected; whereby the Legislative Powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the Dangers of Invasion from without, and Convulsions within.

He has endeavoured to prevent the Population of these States; for that Purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their Migrations hither, and raising the Conditions of new Appropriations of Lands.

He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary Powers.

He has made Judges dependent on his Will alone, for the Tenure of their Offices, and Amount and Payment of their Salaries.

He has erected a Multitude of new Offices, and sent hither Swarms of Officers to harass our People, and eat out their Substance.

He has kept among us, in Times of Peace, Standing Armies, without the consent of our Legislature.

He has affected to render the Military independent of and superior to the Civil Power.

He has combined with others to subject us to a Jurisdiction foreign to our Constitution, and unacknowledged by our Laws; giving his Assent to their Acts of pretended Legislaton:

For quartering large Bodies of Armed Troops among us:

For protecting them, by a mock Trial, from Punishment for any Murders which they should commit on the Inhabitants of these States:

For cutting off our Trade with all Parts of the World:

For imposing taxes on us without our Consent:

For depriving us, in many Cases, of the Benefits of Trial by Jury:

For transporting us beyond the Seas to be tried for pretended Offences:

For abolishing the free System of English Laws in a neighbouring Province, establishing therein an arbitrary Government, and enlarging its Boundaries, so as to render it at once an Example and fit Instrument for introducing the same absolute Rule in these Colonies:

For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:

For suspending our own Legislatures, and declaring themselves invested with Powers to legislate for us in all Cases whatsoever.

He has abdicated Government here, by declaring us out of his Protection and waging War against us.

He has plundered our seas, ravaged our Coasts, burnt our Towns, and destroyed the Lives of our People.

He is, at this Time, transporting large Armies of foreign Mercenaries to complete the Works of Death, Desolation, and Tyranny, already begun with circumstances of Cruelty and Perfidy, scarcely paralleled in the most barbarous Ages, and totally unworthy the Head of a civilized Nation.

He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the Executioners of their Friends and Brethren, or to fall themselves by their Hands.

He has excited domestic Insurrections among us, and has endeavoured to bring on the Inhabitants of our Frontiers, the merciless Indian Savages, whose known Rule of Warfare, is an undistinguished Destruction, of all Ages, Sexes and Conditions.

In every stage of these Oppressions we have Petitioned for Redress in the most humble Terms: Our repeated Petitions have been answered only by repeated Injury. A Prince, whose Character is thus marked by every act which may define a Tyrant, is unfit to be the Ruler of a free People.

Nor have we been wanting in Attentions to our British Brethren. We have warned them from Time to Time of Attempts by their Legislature to extend an unwarrantable Jurisdiction over us. We have reminded them of the Circumstances of our Emigration and Settlement here. We have appealed to their native Justice and Magnanimity, and we have conjured them by the Ties of our common Kindred to disavow these Usurpations, which, would inevitably interrupt our Connections and Correspondence. They too have been deaf to the Voice of Justice and of consanguinity. We must, therefore, acquiesce in the Necessity, which denounces our Separation, and hold them, as we hold the rest of Mankind, Enemies in War, in Peace, Friends.

We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the World for the Rectitude of our Intentions, do, in the Name, and by the Authority of the good People of these Colonies, solemnly Publish and Declare, That these United Colonies are, and of Right ought to be, Free and Independent States; that they are absolved from all Allegiance to the British Crown, and that all political Connection between them and the State of Great-Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm Reliance on the Protection of the divine Providence, we mutually pledge to each other our Lives, our Fortunes, and our sacred Honor.

Signed by ORDER and
in BEHALF OF THE CONGRESS
JOHN HANCOCK,
PRESIDENT.

ATTEST.
CHARLES THOMSON,
SECRETARY.

PHILADELPHIA:
PRINTED BY JOHN DUNLAP..

Happy Birthday, America!

Have a safe and happy Independence Day!

Thursday, June 28, 2012

Thoughts on the Obamacare Ruling

First of all, it must be said and often repeated that elections have consequences.

People voted for representatives who voted for the monstrous piece of legislation that was Obamacare and the administration that rammed it through. Congress has and has always had the power to levy taxes; I do not know why anyone should be surprised that 1) liberals voted to raise taxes and 2) tax increases are constitutional.

During the day, Drudge Chief Justice John Roberts' smiling picture as his headline with the caption "TAKE YOUR MEDICINE!" It is awful medicine indeed.

Second, it is not the court's role to strike laws because they were passed by politicians that lied to the people about what they were really doing. The recourse for dealing with lying politicians has always been at the ballot box.

I do think that the American people have never been lied to so brazenly about a domestic public policy initiative in recent times as they were about this. One need only spend a few moments with a search engine to turn up literally scores of video clips of Democrats asserting--in a bald-faced lie laid bare by Chief Justice Roberts' opinion--that this was not a tax increase.

Third, it is probably true that the ruling of the court will soften public opinion about the law somewhat in the short term (and look for the media to tout polls asserting as much). However, elite opinion has insisted for quite some time that the law was constitutional and this did not make it any more popular.

Affirmation of the law's constitutionality (convoluted as it was in Roberts' opinion) by five elites in black robes seems unlikely to change many opinions in the longer term. People didn't like Obamacare before, and they have never liked taxes. Will they now like something they didn't like upon the revelation that it also contains Supreme Court-approved tax increases? I agree with Stuart Rothenberg that such an outcome seems unlikely.

Fourth, I agree with Legal Insurrection and do not think that conservatives should grasp at straws hunting for smaller victories in the Roberts opinion. There were four votes to strike down the law--indeed, dissenting Justice Anthony Kennedy (supposedly the moderate swing justice of the court) was said to be visibly angry while Roberts read his opinion--and a Republican-appointed ostensibly constitutionalist and conservative justice failed to vote to do so for whatever reason (sincerity in the reasoning of his opinion, outside pressure, or a desire to husband the public image of the court, or whatever else).

This is an onerous piece of bad public policy that greatly expands the power of the state over the lives of the citizenry of this country, and the record of this country when it comes to the rollback of government power (to say nothing of entitlements) is not a good one. I have no hopes that the outcome of the election in November will see the law repealed root-and-branch as a 5-4 vote the other way clearly would have done.

Perhaps John Roberts is playing a longer game. Playing chess, as Erick Erickson calls it. But this assumes that the board will be such that he can advance a longer game. Should we get another liberal justice, that will never happen. The chance to stop this expansion of Federal power and end this assault on individual liberty was now, not ten years hence.

Which brings me to my fifth thought, which is that the court decision is a short-term victory for Republicans, as they will likely benefit from the wrath of the electorate over this in November. Democrats, after all, are dancing for joy just as many voters realize they've been had and are now subject to the largest tax increase in American history.

In the longer term, the court's decision is a great defeat for this country. It shrinks individual liberty, enshrines bad public policy, worsens the country's fiscal situation, and relegates vast sectors of the nation's economy to direct or indirect state control.

What is bad public policy when it was passed did not become better simply because five people in black robes decided to rule it constitutional.

Sixth, the fact that Obamacare is ultimately unworkable and will collapse under its own weight should not encourage anyone. History is replete with countries that have suffered great hardship because their leaders (elected or otherwise) failed to make blatantly obvious and common sense, but difficult, choices. Look at Europe right now.

Seventh and finally, if you want to feel encouraged (and I don't find it particularly encouraging, but you might), I invite you to read this piece by Sean Trende, which compares this ruling to the ruling in Marbury v. Madison, in which the chief justice outwitted a power grab by another president, trading a short-term defeat for a long-term victory.

And here's where I come back to my first point.

Elections matter.

Who we elect matters.

There's an election coming.

It's time to get to work.

Quote of the Day

From the dissent:

If Congress can reach out and command even those furthest removed from an interstate market to participate in the market, then the Commerce Clause becomes a font of unlimited power, or in Hamilton’s words, “the hideous monster whose devouring jaws . . . spare neither sex nor age, nor high nor low, nor sacred nor profane.” The Federalist No. 33, p. 202 (C. Rossiter ed. 1961).

National Review: John Roberts' Folly

National Review's editorial today says a lot:

In today’s deeply disappointing decision on Obamacare, a majority of the Supreme Court actually got the Constitution mostly right. The Commerce Clause — the part of the Constitution that grants Congress the authority to regulate commerce among the states — does not authorize the federal government to force Americans to buy health insurance. The Court, by a 5–4 margin, refused to join all the august legal experts who insisted that of course it granted that authorization, that only yahoos and Republican partisans could possibly doubt it. It then pretended that this requirement is constitutional anyway, because it is merely an application of the taxing authority. Rarely has the maxim that the power to tax is the power to destroy been so apt, a portion of liberty being the direct object in this case.

What the Court has done is not so much to declare the mandate constitutional as to declare that it is not a mandate at all, any more than the mortgage-interest deduction in the tax code is a mandate to buy a house. Congress would almost surely have been within its constitutional powers to tax the uninsured more than the insured. Very few people doubt that it could, for example, create a tax credit for the purchase of insurance, which would have precisely that effect. But Obamacare, as written, does more than that. The law repeatedly speaks in terms of a “requirement” to buy insurance, it says that individuals “shall” buy it, and it levies a “penalty” on those who refuse. As the conservative dissent points out, these are the hallmarks of a “regulatory penalty, not a tax.”

The law as written also cuts off all federal Medicaid funds for states that decline to expand the program in the ways the lawmakers sought. A majority of the Court, including two of the liberals, found this cut-off unconstitutionally coercive on the states. The Court’s solution was not to invalidate the law or the Medicaid expansion, but to rule that only the extra federal funds devoted to the expansion could be cut off. As the dissenters rightly point out, this solution rewrites the law — and arbitrarily, since Congress could have avoided the constitutional problem in many other ways.

The dissent acknowledges that if an ambiguous law can be read in a way that renders it constitutional, it should be. It distinguishes, though, between construing a law charitably and rewriting it. The latter is what Chief Justice John Roberts has done. If Roberts believes that this tactic avoids damage to the Constitution because it does not stretch the Commerce Clause to justify a mandate, he is mistaken. The Constitution does not give the Court the power to rewrite statutes, and Roberts and his colleagues have therefore done violence to it. If the law has been rendered less constitutionally obnoxious, the Court has rendered itself more so. Chief Justice Roberts cannot justly take pride in this legacy.

The Court has failed to do its duty. Conservatives should not follow its example — which is what they would do if they now gave up the fight against Obamacare. The law, as rewritten by judges, remains incompatible with the country’s tradition of limited government, the future strength of our health-care system, and the nation’s solvency. We are not among those who are convinced that we will be stuck with it forever if the next election goes wrong: The law is also so poorly structured that we think it may well unravel even if put fully into effect. But we would prefer not to take the risk.

It now falls to the Republicans, and especially to Mitt Romney, to make the case for the repeal of the law and for its replacement by something better than either it or the health-care policies that preceded it. Instead of trusting experts to use the federal government’s purchasing power to drive efficiency throughout the health sector — the vain hope of Obamacare’s Medicare-cutting board — they should replace Medicare with a new system in which individuals have incentives to get value for their dollar. Instead of having Washington establish a cartel for the insurance industry, they should give individuals tax credits and the ability to purchase insurance across state lines. Instead of further centralizing the health-care system, in short, they should give individuals more control over their insurance.

Opponents should take heart: The law remains unpopular. Let the president and his partisans ring their bells today, and let us work to make sure that they are wringing their hands come November.

Bush's Fault

Monday, May 21, 2012

It's Ellspermann

The speculation of recent days was correct.

Mike Pence will announce his pick for Lieutenant Governor at the YMCA in Ferdinand, Indiana, in just a few minutes. It will be freshman State Representative Sue Ellspermann (Ferdinand is her hometown).

The event will be followed by a next governor and lieutenant governor of Indiana barnstorming more than half a dozen announcement events statewide over the following two days.

These are two faces you're likely to see a lot of over the next eight to sixteen years:


A good pick, all in all. Sue Ellspermann will bring decades of valuable private sector jobs and economic development experience to the ticket.

(This information was embargoed until 10 a.m. on Monday, May 21. This post was written in advance and queued up to go live at 10.)