Congressional members high tailed it out of Washington after passing a debt limit agreement, but Democrats Steve Israel and Tim Bishop wasted no time in holding a press conference at MacArthur airport on Long Island to blame Republicans for a crisis they created.
Alaska
Comments submitted in response to a previous post, “The Progressive War on Federalism,” focused on the Electoral College and a movement called the National Popular Vote (http://www.nationalpopularvote.com) bill. Rather than argue against my point it only seemed to reinforce it. The objective of this movement, which before this commenter’s contribution I was unaware of, is to abolish, or should I say neuter, the Electoral College and replace it with the direct election of the president. This movement looks to further weaken the states and move us away from federalism and toward a strong monolithic central government. Here is my analysis.
We currently have a commission investigating how to deal with our ballooning deficit and Brobdingnagian debt. In the past we have had a commission on military base closings and I am sure there were others that don’t immediately come to mind. Why do we need them when Congress and the President have the necessary power to make these changes? Cowardice. It may be a harsh charge, but that is basically it, no one wants to go on record making tough choices, but if they can get an unelected bipartisan commission to make a recommendation that Congress can vote “all or none” then there are plenty of political fig leaves to go around.
“Well, I didn’t vote for that one, I voted for this one, but it was an all or nothing deal so I couldn’t separate them out.” We pay these people $174,000 each in base pay and they punt the hard choices to a commission. Why? Because they see their primary job as keeping that $174,000 per year job, something that gets easier once you are an incumbent, so long as you don’t make a major mistake, like a hard decision for the benefit of the country.
If you look at the Constitution, the powers granted to the federal government were few and defined, as Madison put it in Federalist No. 45. With such limited and defined powers, the federal government should focus on a limited number of items and deal with them directly. But the size and scope of the federal government has grown enormously and the current administration wants to grow it even more enormously. So don’t look for any tough choices. Look for more and more commissions to deliver up “solutions” that the weak kneed members of Congress can vote up or down for. This is gridlock by design.
Once you move most government functions to the federal level, how can anything possibly be accomplished? How do you pass a law that benefits New York and doesn’t harm Alaska? How much do Alaska and New York have in common? Perhaps that is why most major pieces of legislation coming out of Congress run into thousands of pages? Look at it this way, if a bill of twenty pages is applied differently to fifty states, you soon have 1,000 pages. But what the Constitution says is that there are a few enumerated powers given to the federal government and everything else is left to the states and the people. Let the people of Mississippi pass a law of twenty pages that suits the people of Mississippi and let the people of Idaho pass their own. This will bring about the ability for the other 48 states to look at these two examples and decide for themselves which one would work better in their state or choose a completely different path or none at all. But if it is all at the federal level you can yell and scream and jump up and down on your Congressman’s desk for all that matters and he can say, “Gosh, I’m just one of 435 members here. I agree with what you are saying, but…” If the issue is at the state level you have more clout and at the local level even more so.
But what we have is a government whose spending is out of control. We have a commission that will not report until after the mid-term elections and as sure as I draw a breath, their report will be full of new taxes including a Value Added Tax (VAT) to bring buckets of tax revenue to put out the spending conflagration. Sure there will be some spending cuts, mostly in the discretionary areas that don’t add up to much of the budget anyway, but probably make for good media coverage.
We need to shrink the monster. We need to take away from the federal government those responsibilities that are not spelled out in the Constitution and let the states and their residents decide how to handle the rest, if at all. If we don’t take these steps, the gridlock we see today will continue. The only difference will be that our Congressional representatives will be making over $200,000 a year before long to do what would get them fired in the private sector.
I received an e-mail from my Congressman telling me how he was on top of the situation in the Gulf:
“I am a member of the Committee on Transportation and Infrastructure, which is at the forefront of an aggressive (sic) Congressional response to BP’s oil spill. Last week, I voted in Committee to approve a comprehensive legislative response to environmental and economic liability issues raised by the spill.”
As I had written about previously (The Regulators are Dead, Long Live the Regulators), this was just one more case of government failing us but then rushing out more legislation and control so it won’t happen again. If government was doing its job, it shouldn’t have happened in the first place. So I wrote back to the Congressman.
Dear Congressman Bishop,
I read with interest your e-mail to me about the Committee on Transportation and Infrastructure, which you say is at the forefront of an aggressive Congressional response to BP’s oil spill. Excuse my skepticism but this sounds like one more “we’re really gonna fix it this time,” response to the failure of government to do what they are already empowered to do.
You say the Oil Spill Accountability and Environmental Protection Act of 2010 “will ensure that responsible parties will be responsible for 100% of the oil pollution cleanup costs.” If I am not mistaken it was the Congress that passed a law limiting the damages from an oil spill to $75 million, which created a moral hazard that perhaps encouraged BP to cut corners. But wasn’t it BP who voluntarily waived the $75 million limit and has promised from the start that they would pay the full costs, thereby helping Congress remove the egg from their collective faces for including the limit in the first place? Don’t get me wrong, BP has a lot to answer for but at the same time BP applied to the government regulators for several waivers of safety tests and requirements that the government granted. If government had been doing their job, perhaps this would never have happened in the first place.
Aside from closing the barn door after the horse has escaped, I see no mention in your e-mail about holding Congressional hearings to ask the Obama Administration why they have not yet suspended the Jones Act and accepted the offer of help from twelve countries in the cleanup effort. When asked, Thad Allen and Carol Browner offered the weak excuse that no one asked them for a waiver. Why did the administration stand in the way of Louisiana building sand berms to stop the oil from reaching the coast because of environmental reasons? From an environmental disaster standpoint, doesn’t the oil gushing in the Gulf trump other concerns? We seem to have multiple agencies operating in the Gulf and each one is getting in the way of each other and no one in the administration is taking the lead to clear the red tape. Why is that Congressman?
Instead of talking about preventing avoidable disasters in the future, why don’t you find out why this avoidable disaster was not prevented by the regulations we have on the books and by the agencies in charge of doing so? For once, perhaps you can wait until those facts are known before you rush out to craft more legislation to fix a problem like you did with the financial services industries when it will be months before the Angelides Financial Crisis Inquiry Commission has finished its investigation.
Government that works is more important than signing ceremonies for ill considered legislation that is rushed and voted upon but unread by our representatives.
Sincerely yours,
William R. O’Connell
I am sure there will be a signing ceremony and tough talk about how we’re really putting an end to this wild unfettered market, but if you trace it back this disaster had government leading the way. It forced the oil companies to drill in deeper water; it created a moral hazard by capping their liability for any spills to $75 million (which BP waived and accepted responsibility for the full costs); the regulatory agency in charge both collects royalty payments from the oil companies and assesses penalties for failure to comply with regulations; and that same agency granted BP several waivers to take shortcuts before the well failed. But don’t worry Congress is really going to get tough now.









