Wednesday, April 25, 2012

Friday, April 20, 2012

Free-lunch egalitarianism

By Charles Krauthammer, Published: April 12

Here we go again.

At the beginning of his presidency, Barack Obama argued that the country’s spiraling debt was largely the result of exploding health-care costs. That was true. He then said the cure for these exploding costs would be his health-care reform. That was not true.

It was obvious at the time that it could never be true. If government gives health insurance to 33 million uninsured, that costs. Costs a lot. There is no free lunch.

Now we know. The Congressional Budget Office’s latest estimate is that Obamacare will add $1.76 trillion in federal expenditures through 2022. And, as one of the Medicare trustees has just made clear, if you don’t double count the $575 billion set aside for the Medicare trust fund, Obamacare adds to the already crushing national debt.

Three years later, we are back to smoke and mirrors. This time it’s not health care but the Buffett Rule, which would impose a minimum 30 percent effective tax rate on millionaires. Here is how Obama introduced it last September:

“Warren Buffett’s secretary shouldn’t pay a [higher] tax rate than Warren Buffett. . . . And that basic principle of fairness, if applied to our tax code, could raise enough money” to “stabilize our debt and deficits for the next decade. . . . This is not politics; this is math.”

Okay. Let’s do the math. The Joint Committee on Taxation estimates this new tax would yield between $4 billion and $5 billion a year. If we collect the Buffett tax for the next 250 years — a span longer than the life of this republic — it would not cover the Obama deficit for 2011 alone.

As an approach to our mountain of debt, the Buffett Rule is a farce. And yet Obama repeated the ridiculous claim again this week. “It will help us close our deficit.” Does he really think we’re that stupid?

Hence the fallback: The Buffett Rule is a first step in tax reform. On the contrary. It’s a substitute for tax reform, an evasion of tax reform. In three years, Obama hasn’t touched tax (or, for that matter, entitlement) reform, and clearly has no intention to. The Buffett Rule is nothing but a form of redistributionism that has vanishingly little to do with debt reduction and everything to do with reelection.

As such, it’s clever. It deftly channels the sentiment underlying Occupy Wall Street (original version, before its slovenly, whiny, aggressive weirdness made it politically toxic). It perfectly pits the 99 percent against the 1 percent. Indeed, it is OWS translated into legislation, something the actual occupiers never had the wit to come up with.

Clever politics, but in terms of economics, it’s worse than useless. It’s counterproductive. The reason Buffett and Mitt Romney pay roughly 15 percent in taxes is that their income is principally capital gains. The Buffett Rule is, in fact, a disguised tax hike on capital gains. But Obama prefers to present it as just an alternative minimum tax because 50 years of economic history show that raising the capital gains tax backfires: It reduces federal revenue, while lowering the tax raises revenue.

No matter. Obama had famously said in 2008 that even if that’s the case, he’d still raise the capital gains tax — for the sake of fairness.

For Obama, fairness is the supreme social value. And fairness is what he is running on — although he is not prepared to come clean on its price. Or even acknowledge that there is a price. Instead, Obama throws in a free economic lunch for all. “This is not just about fairness,” he insisted on Wednesday. “This is also about growth.”

Growth? The United States has the highest corporate tax rate in the industrialized world. Now, in the middle of a historically weak recovery, Obama wants to raise our capital gains tax to the fourth highest. No better way to discourage investment — and the jobs and growth that come with it. (Except, perhaps, for hyperregulation. But Obama is working on that too.)

Three years ago, Obama promised universal health care that saves money. Today, he offers a capital gains tax hike that spurs economic growth. This is free-lunch egalitarianism.

The Buffett Rule redistributes deck chairs on the Titanic, ostensibly to make more available for those in steerage. Nice idea, but the iceberg cometh. The enterprise is an exercise in misdirection — a distraction not just from Obama’s dismal record on growth and unemployment but, more important, from his dereliction of duty in failing to this day to address the utterly predictable and devastating debt crisis ahead.

letters@charleskrauthammer.com

http://www.washingtonpost.com/opinions/free-lunch-egalitarianism/2012/04/12/gIQAu3wnDT_story.html

Wednesday, April 11, 2012

Obama v. SCOTUS

By Charles Krauthammer, Published: April 5

“I’m confident that the Supreme Court will not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress.”

— Barack Obama, on the constitutional challenge to his health-care law, April 2


“Unprecedented”? Judicial review has been the centerpiece of the American constitutional system since Marbury v. Madison in 1803. “Strong majority”? The House has 435 members. In March 2010, Democrats held a 75-seat majority. Obamacare passed by seven votes.

In his next-day walk back, the president implied that he was merely talking about the normal “restraint and deference” the courts owe the legislative branch. This concern would be touching if it weren’t coming from the leader of a party so deeply devoted to the ultimate judicial usurpation — Roe v. Wade, which struck down the abortion laws of 46 states — that fealty to it is the party’s litmus test for service on the Supreme Court.

With Obamacare remaking one-sixth of the economy, it would be unusual for the Supreme Court to overturn legislation so broad and sweeping. On the other hand, it is far more unusual to pass such a fundamentally transformative law on such a narrow, partisan basis.

Obamacare passed the Congress without a single vote from the opposition party — in contradistinction to Social Security, the Civil Rights Act, the Voting Rights Act, Medicare and Medicaid, similarly grand legislation, all of which enjoyed substantial bipartisan support. In the Senate, moreover, Obamacare squeaked by through a parliamentary maneuver called reconciliation that was never intended for anything so sweeping. The fundamental deviation from custom and practice is not the legal challenge to Obamacare but the very manner of its enactment.

The president’s preemptive attack on the court was in direct reaction to Obamacare’s three days of oral argument. It was a shock. After years of contemptuously dismissing the very idea of a legal challenge, Democrats suddenly realized there actually is a serious constitutional argument to be made against Obamacare — and they are losing it.

Here were highly sophisticated conservative thinkers — lawyers and justices — making the case for limited government, and liberals weren’t even prepared for the obvious constitutional question: If Congress can force the individual into a private contract by authority of the commerce clause, what can it not force the individual to do? Without a limiting principle, the central premise of our constitutional system — a government of enumerated powers — evaporates. What, then, is the limiting principle?

Liberals were quick to blame the administration’s bumbling solicitor general, Donald Verrilli, for blowing the answer. But Clarence Darrow couldn’t have given it. There is none.

Justice Stephen Breyer tried to rescue the hapless Verrilli by suggesting that by virtue of being born, one enters into the “market for health care.” To which plaintiffs’ lawyer Michael Carvin devastatingly replied: If birth means entering the market, Congress is omnipotent, authorized by the commerce clause to regulate “every human activity from cradle to grave.”

Q.E.D.

Having lost the argument, what to do? Bully. The New York Times loftily warned the Supreme Court that it would forfeit its legitimacy if it ruled against Obamacare because with the “five Republican-appointed justices supporting the challenge led by 26 Republican governors, the court will mark itself as driven by politics.”

Really? The administration’s case for the constitutionality of Obamacare was so thoroughly demolished in oral argument that one liberal observer called it “a train wreck.” It is perfectly natural, therefore, that a majority of the court should side with the argument that had so clearly prevailed on its merits. That’s not partisanship. That’s logic. Partisanship is four Democrat-appointed justices giving lock-step support to a law passed by a Democratic Congress and a Democratic president — after the case for its constitutionality had been reduced to rubble.

Democrats are reeling. Obama was so taken aback, he hasn’t even drawn up contingency plans should his cherished reform be struck down. Liberals still cannot grasp what’s happened — the mild revival of constitutionalism in a country they’ve grown so used to ordering about regardless. When asked about Obamacare’s constitutionality, Nancy Pelosi famously replied: “Are you serious?” She was genuinely puzzled.

As was Rep. Phil Hare (D-Ill.). As Michael Barone notes, when Hare was similarly challenged at a 2010 town hall, he replied: “I don’t worry about the Constitution.” Hare is now retired, having been shortly thereafter defeated for reelection by the more constitutionally attuned owner of an East Moline pizza shop.

letters@charleskrauthammer.com

http://www.washingtonpost.com/opinions/charles-krauthammer-obama-v-scotus/2012/04/05/gIQAZ41txS_story.html

Monday, April 2, 2012

The ‘flexibility’ doctrine

By Charles Krauthammer, Published: March 29

“On all these issues, but particularly missile defense, this can be solved, but it’s important for him [Vladimir Putin] to give me space. . . . This is my last election. After my election, I have more flexibility.”

— Barack Obama to Dmitry Medvedev, open mike, March 26

You don’t often hear an American president secretly (he thinks) assuring foreign leaders that concessions are coming their way, but they must wait because he’s seeking reelection and he dares not tell his own people.

Not at all, spun a White House aide in major gaffe-control mode. The president was merely explaining that arms control is too complicated to be dealt with in a year in which both Russia and the United States hold presidential elections.

Rubbish. First of all, to speak of Russian elections in the same breath as ours is a travesty. Theirs was a rigged, predetermined farce. Putin ruled before. Putin rules after.

Obama spoke of the difficulties of the Russian presidential “transition.” What transition? It’s a joke. It had no effect on Putin’s ability to negotiate anything.

As for the U.S. election, the problem is not that the issue is too complicated but that if people knew Obama’s intentions of flexibly caving on missile defense, they might think twice about giving him a second term.

After all, what is Obama doing negotiating on missile defense in the first place? We have no obligation to do so. The Anti-Ballistic Missile Treaty, a relic of the Cold War, died in 2002.

We have an unmatched technological lead in this area. It’s a priceless strategic advantage that for three decades Russia has been trying to get us to yield. Why give any of it away?

To placate Putin, Obama had already in 2009 abruptly canceled the missile-defense system the Poles and Czechs had agreed to host in defiance of Russian threats. Why give away more?

It’s unfathomable. In trying to clean up the gaffe, Obama emphasized his intent to “reduce nuclear stockpiles” and “reduce reliance on nuclear weapons.” In which case, he should want to augment missile defenses, not weaken, dismantle or bargain them away. The fewer nukes you have for deterrence, the more you need nuclear defenses. If your professed goal is nuclear disarmament, as is Obama’s, eliminating defenses is completely illogical.

Nonetheless, Obama is telling the Russians not to worry, that once past “my last election” and no longer subject to any electoral accountability, he’ll show “more flexibility” on missile defense. It’s yet another accommodation to advance his cherished Russia “reset” policy.

Why? Hasn’t reset been failure enough?

Let’s do the accounting. In addition to canceling the Polish/Czech missile-defense system, Obama gave the Russians accession to the World Trade Organization, signed a START Treaty that they need and we don’t (their weapons are obsolete and deteriorating rapidly), and turned a scandalously blind eye to their violations of human rights and dismantling of democracy. Obama even gave Putin a congratulatory call for winning his phony election.

In return? Russia consistently watered down or obstructed sanctions on Iran, completed Iran’s nuclear reactor at Bushehr, provides to this day Bashar al-Assad with huge arms shipments used to massacre his own people (while rebuilding the Soviet-era naval base in the Syrian port of Tartus), conducted a virulently anti-American presidential campaign on behalf of Putin, pressured Eastern Europe and threatened Georgia.

On which of “all these issues” — Syria, Iran, Eastern Europe, Georgia, human rights — is Obama ready to offer Putin yet more flexibility as soon as he gets past his last election? Where else will he show U.S. adversaries more flexibility? Yet more aid to North Korea? More weakening of tough Senate sanctions against Iran?

Can you imagine the kind of pressure a reelected Obama will put on Israel, the kind of anxiety he will induce from Georgia to the Persian Gulf, the nervousness among our most loyal East European friends who, having been left out on a limb by Obama once before, are now wondering what new flexibility Obama will show Putin — the man who famously proclaimed that the “greatest geopolitical catastrophe” of the 20th century was Russia’s loss of its Soviet empire?

They don’t know. We don’t know. We didn’t even know this was coming — until the mike was left open. Only Putin was to know. “I will transmit this information to Vladimir,” Medvedev assured Obama.

Added Medvedev: “I stand with you.” A nice endorsement from Putin’s puppet, enough to chill friends and allies, democrats and dissidents, all over the world.

letters@charleskrauthammer.com

http://www.washingtonpost.com/the-flexibility-doctrine/2012/03/29/gIQA9ZMtjS_story.html