Wednesday, April 30, 2008

Good Job, Congress

The lead story on washingtonpost.com right now is about how Congressionally-imposed ethanol mandates have succeeded in helping cause a rapid increase in the price of food while making little difference in the price of gas.  A portion of the article:

And it [the surging use of ethanol] has linked food and fuel prices just as oil is rising to new records, pulling up the price of anything that can be poured into a gasoline tank. "The price of grain is now directly tied to the price of oil," says Lester Brown, president of Earth Policy Institute, a Washington research group. "We used to have a grain economy and a fuel economy. But now they're beginning to fuse."

Not everyone thinks it's fantastic. People who use corn to feed cattle, hogs and chickens are being squeezed by high corn prices. On Monday, Tyson Foods reported its first loss in six quarters and said that its corn and soybean costs would increase by $600 million this year. Those who are able, such as egg producers, are passing those high corn costs along to consumers. The wholesale price of eggs in the first quarter soared 40 percent from a year earlier, according to the Agriculture Department. Meanwhile, retail prices of countless food items, from cereal to sodas to salad dressing, are being nudged upward by more expensive ingredients such as corn syrup and cornstarch.

McCain is one of the few major politicians who has (relatively) consistently opposed our disastrous ethanol policy.  Will he have the political courage to stand on that opposition --and thus stand up to the farm lobbies-- in this election year?  We'll see.

Monday, April 28, 2008

Video of Justice Scalia on 60 Minutes

CBS News has the full segment of Justice Scalia's interview with 60 Minutes up.  The two parts are embedded below, and combined run about 27 minutes.  Highlights include some info about Scalia's rarely- discussed personal background and a very interesting look at his friendship with Justice Ginsburg.

Part One:

 

Part Two:

Something I Hadn't Realized

According to uber-pundit Michael Barone, Hillary's margin of victory in Pennsylvania has propelled her past Obama in the popular vote count.  Barone apparently includes the Michigan results in his calculations (which is a little questionable because, of course, Obama's name wasn't on the ballot there), but it's an interesting milestone nevertheless. 

Sunday, April 27, 2008

More Important Than Policy

Note:  The following is a guest perspective that our very learned friend Alex offered up in a comments section to a recent post.  I'm reposting it on the main page because it contains some really well-stated and well-explored insights about how we ought to think about the process of choosing a President.  Nicely done, Alex.

 

Recently, ABC has received a substantial amount of criticism for its handling of the recent Democratic debate. While some commentators have risen to its defense, the consensus seems to be that ABC focused on political “process” questions or trivialities to the exclusion of policy issues.

While some of the criticism of ABC’s questioning is probably legitimate, the “not enough policy questions” criticism is based on a misconception: namely, the misconception that policy questions can or should be fruitfully addressed in such a forum.

Of what value is a candidate’s 30 second (or even 30 minute) discussion of, say, tax or defense policy? Tax and defense are hugely complicated areas of law with often contradictory policy goals (e.g., for tax, to fund desired social programs while at the same time decreasing tax burdens). These subjects are debated intensely by specialists without the emergence of a clear and enduring policy preference. The candidates themselves are not even close to being experts on the subjects. Are Senators Clinton or Obama, or McCain for that matter, intimately familiar with the key data involved in such policy fields? The answer is no, they’re not and they shouldn’t be. Politicians are generalists. The actual work of formulating the details of tax or defense policy, and ultimately legislation, is done by buildings full of specialist bureaucrats after consultation with experts, lawyers and so on. We inevitably hear from candidates only vague promises buttressed by platitudes and tautologies. Even the most detailed campaign proposals can address only a small portion of the larger policy field. Such fragments of detail only highlight obvious retorts, crying out for an extended policy discussion that few people are willing to endure, much less broadcast.

Moreover, even if a candidate could formulate and present a comprehensive policy on a given subject, it is unrealistic to expect that such a policy could be implemented as formulated. Once introduced as a legislative proposal, the precise terms and proposals face near certain amendment, if not outright legislative death. Although the last few executives have seized the policy bully pulpit, Congress writes the laws that implement the policy, and neither party’s candidates should expect cooperation on policy issues that run deeply counter to the other party’s platform (health care mandates, the war in Iraq, etc.).

Yet, even assuming a cooperative Congress, there is no guarantee that a candidate’s policy statements will find implementation in the future. Our system is one of institutions and institutional actors, constrained by the inertia of the civic process and logic of events. If Iran obtains and threatens to use nuclear weapons, for example, the possible responses will constrain any executive. In the face of unexpected but unavoidable facts, any contrary policy hopes will have to be sacrificed.

If this line of reasoning is sound, then it pointless to spend time asking candidates detailed policy questions because they won’t be able to provide a cogent and comprehensive answer, and it is unlikely that they will be able to implement any proposals they do make. What, then, is a debate moderator to ask?

If candidates can’t address specific policy issues in a worthwhile way, they can at least articulate keys to their political philosophy – the fundamental principles from which specific policy positions issue forth. Unfortunately, neither the candidates nor the public are likely to endure any in depth discussion of political philosophy. There will be some discussion about the role of government at home and abroad, but there won’t be much beyond that.

There is, however, perhaps an even more fundamental wellspring for a candidate’s specific proposals, one, in fact, that can be presented almost instantly while at the same time capturing the public’s interest: a candidate’s character. What sort of person a candidate is will determine what that candidate believes, or what he or she should believe. This view of things is perhaps somewhat naive. It doesn’t take into account the skill with which politicians parse their answers and manage and manipulate their public image. Nevertheless, character issues resonate with the voting public. A person’s character is something he or she can change, but only with great effort. There are no shortcuts, and one can’t avoid displaying one’s character, faults and all, in the basic process of human interaction.

That is why questions concerning Senator Obama’s religious affiliations, for example, have endured: people want to know how he will react to such an obviously human situation of conflicted loyalties and interest. Senator Obama, early on, acquitted himself well with regard to the Rev. Wright issue. He genuinely distanced himself from Rev. Wright’s deplorable comments, while at the same time preserving a personal connection reflecting the Senator’s familiar and understandable connection to some a person so prominent in his life history. However, there is a fine line, and coverage of the story soon crossed it. The media or parts thereof, turned a legitimate but properly minor story into a distorted human-interest frenzy that obscured the relevant demonstrations of character.

Contrast Senator Clinton’s shamefully handled sniper stories. In the face of such telling character flaws – the desperate need to self-promote at the expense of the truth – her alleged policy experience, meaningless in the face of any candidate’s fundamental ignorance and institutional impotence, should count for little.

Admittedly, emphasis on character is an old-fashioned if not moralistic way to view political candidacies, and people generally. Nevertheless, when policy statements are designed to maximize general appeal and minimize serious discussion, the traits that determine policy statements are the next best thing. That’s why, in presidential candidates, character is more important that policy

Friday, April 25, 2008

The Apocalypse is Near

All the bad states are trying to get nuclear weapons, food prices are skyrocketing, and media-hating Justice Scalia has sat for a interview to be broadcast on national television.  Granted, the interview with 60 Minutes is in part to promote his new book on legal writing (co-authored by Bryan Garner), but still....

As for what Scalia actually said, we'll find out when the interview airs this Sunday, but here's a clip that CBS has made available of him dismissive defending Bush v. Gore:

 

A Word for My Law Firm Readership on a Sunny Friday Afternoon

An old simile, but a good one:

"Becoming a partner is a decision, not a reward.  . . .  Becoming a partner in a law firm is like winning a pie-eating contest where the prize is more pie."

 

(Hat tip: Adam White at Convictions (Slate's legal blog).)

Tuesday, April 22, 2008

An Important Decision from a Fine Judge

From the AP today:

CHARLESTON, W.Va. (AP) _ A federal judge has blocked West Virginia election officials from enforcing several disclosure rules governing political advertising, agreeing with an advocacy group that they are too vague.

U.S. District Judge David Faber partly granted the preliminary injunction sought by the Center for Individual Freedom, which seeks to run ads in the state Supreme Court race before the May 13 primary.

Another Bad Day for McCain-Feingold

Today the Supreme Court heard argument in Davis v. FEC.  The case involves a challenge to the so-called Millionaire's Amendment portion of McCain-Feingold.  The Amendment, as you'll recall, imposes additional campaign finance disclosure requirements on candidates for House and Senate who spend lots of their own money in a race and eases fundraising restrictions on their opponents (who, in practice, are usually incumbent Congressmen and Senators).  SCOTUSblog has a nice analysis of the argument here.  Though I haven't read the argument transcript yet, it seems that a majority of the Justices expressed serious doubts about the constitutionality of various provisions of the Amendment.

The SCOTUSblog writer expresses near-shock at the Justices' reaction; apparently prior to today's argument most commentators thought that the challenge --grounded, of course, in the First Amendment -- was a longshot.  (At the risk of being insufficiently humble, allow me to quickly point out that I offered a different prediction when cert was granted.)  More on Davis (and some long-promised broader thoughts on campaign finance regulation) after I get a chance to read the transcript.

Monday, April 21, 2008

Hillary Lives

At least through tomorrow's Pennsylvania primary, if certain indicators are correct.  For instance, Drudge says that Hillary's internal polling numbers have her ahead by double digits.  Even if that plays out, she'll still need an Obama collapse to win the nomination, but (much to the delight of Republicans everywhere) she will still be in the fight and  -- through her criticisms-- laying the groundwork for GOP attacks on Obama in the fall.