Category Archives: Politics

Eliminate The Liability Cap For Offshore Drilling

Commenting on the efforts in Congress to increase the statutory liability cap that oil companies enjoy for damages caused by offshore drilling accidents, John Cole makes this point:

Here’s a revolutionary idea- why don’t we get rid of the limit altogether! If BP or Exxon cuts corners and makes a hash of things, and they cause 60 billion dollars worth of damage, they are on the hook for the whole 60 billion dollars! And if they can’t pay for the whole bill, the company is liquidated, the shareholders get wiped out, and the company ceases to exist.

Why don’t we give that a shot? And don’t tell me it is because no one will then undertake oil drilling. Of course they will! They’ll just pass on the costs to the consumer. And should being really careful and safe cost too much money, then it might just make other forms of energy look cheaper by comparison, and spur investment in those energy types.

So how about it? No more immunity, no more corporate welfare, no more subsidizing industries that don’t even pay a damned penny in taxes in the US anymore.

Cole is coming at this from the left, but I think he’s absolutely right from a free-market perspective.

If a company causes damages to others as a result of their activities — and in the case of something like offshore oil drilling the question of negligence wouldn’t even be an issue because of the inherently dangerous nature of the activity — why should their liability for those damages be capped in any amount ? And how can we really say that we’ve factored in all the costs of any activity when the consequences of the damages it might cause are shielded ?

Lift the cap, make BP pay.

A Modest Proposal For Immigration Reform

Via Twitter, I came up this 2007 Examiner article by Dan Riehl of Riehl World View that offers what seems like the beginning of a way out of what has been little more than three year long shouting match over the subject of immigration, illegal immigrants, and immigration reform:

As with current and past generations, future generations will comprise peoples from all over the globe. But there must be a traditional America to which they can emigrate, or we risk becoming more a reflection of various other nations, than one nation indivisible with liberty and justice for all.

Shoring up our borders, along with our institutions, is a good start, as is the enforcing of current immigration law as written. But then we should also allow for some compromise on decent, hard-working individuals who, while perhaps entering illegally, have honestly contributed to America in the best of ways.

As Americans, we’ve significantly benefited from their labors, whether we like to admit it, or not. And having secured said benefits through lower costs in goods and services, it would be hypocritical to turn our backs on them now.

That looks like a reasonable compromise from here.

And from here, too.

There are really too two different issues at play in the immigration debate, but they’ve become tangled together so much that it’s become impossible to have a reasonable discussion about the issue.

On the one hand, we’ve got the issue of border security. Even before September 11th, the idea that our southern and northern borders, along with the ports and the airports, should be secure was something that should have been self-evident. After 9/11, it’s a matter of national security. The idea that someone could walk across the border virtually undetected is something that everyone should be concerned about.

The other issue, though, is the fact that America has always been a nation of immigrants, and that immigration has, despite the social disruption it often causes when first-generation immigrants struggle, been a net-plus for our country socially and economically. Yes, there have always been those who have wanted to shut the door to immigrants, but the truth of the matter is that most of the things being said about immigrants from the south today were being said in the past about immigrants from Eastern Europe, Italy, Germany, and Ireland. Like those earlier immigrants, though, most of the people who come here do so to make a better life for themselves and their families, and that’s something we should welcome, not condemn.

Brad Warbiany, one of the co-bloggers at The Liberty Papers, summed it up quite well more than four years ago:

In all situations, the rationale is the same. We got ours, and now we’ll stop you from getting yours. I can’t live with that. By most accounts, I’m pretty privileged. I’m not the son of rich parents by American standards, but by world standards, I grew up in luxury. I was lucky enough to be born in America, and even luckier to be born to educated parents and live in a highly-regarded school district. But does that give me any more right to the American Dream than Francisco Patino? Does it give a Warbiany any more right to the American Dream than a Hernandez? Of course not.

Last, we do still have the security issue. But liberal immigration policies and secure borders are not mutually exclusive. We can secure the borders and still find to keep tabs on who is coming into this country and how. Perhaps that’s a guest worker program, perhaps that’s a new take on our INS and its goals. That may include a combination of things, with a guest worker program combined with restricted social services for a worker’s family. Either way, the nuts and bolts aren’t insurmountable. If we focused half the energy we spend screwing around with the tax code for special interests on developing coherent immigration and security policies, we could get it done and still have secure borders.

Immigration is a thorny issue. But when we stand around and say “we don’t want you here”, I have to break ranks. When they say “these immigrants are damaging our economy”, I have to break ranks. I don’t have all the answers as to how to fix the problem, but I know that I refuse to close our country to people who want to live the American Dream. We have to enforce our laws, but when our laws are contrary to the very fabric of America, those laws need to change.

So where does that leave us ?

Well, let me suggest these starting points:

  1. Secure the borders — From a national security perspective, this seems essential. We don’t need to put an Army on the border, and we sure as heck don’t need to build the Rio Grande Wall. But, there’s no reason we can’t develop a system of monitoring stations and drones to make sure that people aren’t slipping across the border, no matter what the reason.
  2. Commit a serious crime, get deported — Whether you’re here legally or illegally, if you break the law in such a way that you’re a threat to the rest of us, you’ve just lost permission to stay. You’ll serve your sentence in one of our comfortable prisons, but once it’s over, you’re going home. By “serious crime,” I mean any crime of violence; I don’t think we need to be deporting people who run a red light, or pass a bad check or two.
  3. Forget about deporting the peaceful “illegal” immigrants — Call it “amnesty” if you want, but the fact of the matter is that we’re never going to be able to deport everyone who’s here illegally. For one thing, some of them are married to, or parents of, people who are here legally, and breaking up families is not something Americans do. For another, if someone is here working an honest living then they need to be encouraged to come out of the underground economy, not scared into thinking that ICE could be knocking on their door at any moment.
  4. Make it easier to come here legally — Current American immigration law places absurdly low limits on the number of people who can come here legally, and places even more absurd quotas on how many people can come from specific countries. Additionally, the law makes it harder for someone who to come here and start a business to immigrate than it does for someone who just happens to be related to someone who’s already here legally. We should liberalize immigration procedures generally and, more specifically, make it easier for people from Mexico and Central America to come here as temporary workers. That alone would have a significant impact on illegal immigration.

Anyway, that’s just off the top of my head. It requires compromise on both sides.

Which, of course, means that it’s a non-starter in modern America.

Ron Paul And Rudy Giuliani Still Sparring Over 9/11

In one of the early Republican debates in the 2008 election cycle, Ron Paul and Rudy Giuliani sparred over the September 11th attacks and the role that U.S. foreign policy choices may have played in inciting the attacks:

On Iraq, Rep. Ron Paul of Texas, the Libertarian candidate for president in 1988, stood alone in railing against the decision to go to war, comparing it to a quagmire he said engulfed U.S. troops in Vietnam a generation ago. “We don’t go to war like we did in Vietnam and Korea, because the wars never end,” he said.

When Paul later suggested that terrorists attacked on Sept. 11, 2001, because of what he described as America’s 10-year campaign of bombing in Iraq, an angry Giuliani demanded that he retract the statement.

“I don’t think I’ve ever heard that before, and I’ve heard some pretty absurd explanations for September 11,” Giuliani said.

Paul refused to give in, saying that terrorists react to the United States’ actions in the world. “If we ignore that, we ignore that at our risk,” Paul said.

Here’s video of that exchange from nearly three years ago:

That Giuliani-Paul exchange figured prominently in an ad that Trey Grayson ran several weeks ago in an effort to paint Rand Paul as a 9/11 truther.

Now, the battle has been joined again.

Today, Giuliani endorsed Trey Grayson, and issued this statement:

“Trey Grayson is the candidate in this race who will make the right decisions necessary to keep America safe and prevent more attacks on our homeland. He is not part of the ‘blame America first’ crowd that wants to bestow the rights of U.S. citizens on terrorists and point fingers at America for somehow causing 9/11,” Giuliani said.

He continued, “Kentucky needs a Senator who understands the threat posed by our enemies abroad. I witnessed firsthand the destruction and loss of life our enemies can cause. Like me, Trey Grayson knows we must stay on offense against terrorism, and he supports using all the essential tools we have in that fight, including monitoring the conversations and activities of suspected foreign terrorists as allowed by the Patriot Act. He is a fresh face that Republicans can trust to best represent their values – both on national security and fiscal responsibility – in Washington. Kentuckians could not elect a better Senator than Trey Grayson.”

Congressman Paul responded with a statement of his own:

The Neo-Con establishment is pulling out all the stops to beat Rand.

First, Dick Cheney endorsed his opponent. Next, Rick Santorum. And today, Mr. Big Government Republican himself is slithering into the race.

That’s right. Rudy Giuliani has stuck his beak into Rand’s race, endorsing his opponent and blaming Rand for being part of the “blame America” crowd. Disgusting.

Especially since Giuiliani is still committing the same willful distortion that he was guilty of three years ago:

Did Paul really say that American foreign policy was to blame for 9/11 ? Personally, I don’t think so. What he said was that American foreign policy was a contributing factor to the formation of the forces that now seek to destroy us.

And Andrew Sullivan contends that Giuliani openly lied about what Paul said:

Giuliani, interestingly, openly lied about Ron Paul’s position on 9/11. Paul specifically did not make a statement, as Giuliani immediately claimed, that the U.S. invited 9/11. I rewound to double-check. It was the Fox questioner who ratcheted up the stakes on that question, not Paul. Paul demurred on a specific answer and switched the question to the general issue of blowback. As to who’s right, the answer is both. Bin Laden – still at large and operating within the territory of Pakistan, an alleged ally which Cheney recently visited – both justified the 9/11 attack on those grounds but has a theology that doesn’t require such a casus belli. But now he doesn’t even need the theology. We have, alas, made more terrorists by our bungling in Iraq than Bin Laden could have dreamed of just six years ago.

That, I think, is the point that Congressman Paul, somewhat inarticulately, was making last night. American intervention and adventure-ism in the Middle East, which has been marked mostly by a history of bungling and backing the wrong guy 9 times out of 10, has helped guys like bin Laden recruit from among the Arab masses.

Another Rudy-Ron battle ?

I know who I’m putting my money on.

Quote of the Day – Taken from “Government Brutality and Society’s Shadow”

This is an excerpt from a post from the blog Classical Liberal that was written in response to the post Doug wrote yesterday regarding the University of Maryland student police beating caught on tape.

As long as men and women in uniform (State-issued costumes) carry out these violent acts, we think it’s okay, because they’re “protecting us.” But the State gives a false sense of legitimacy to acts that if carried out under other circumstances, would be serial criminal activity.

The government doesn’t do this to us, however, because the truth of the matter, is that it’s merely a reflection of our collective shadow … when otherwise good men and women become agents of savage brutality … turning us all into sociopaths.

This is the price of identifying ourselves with the State.

Read the whole thing. It’s a sad commentary on just how far we as a people have allowed the state to carry out unjustified acts of violence in our name.

Justice Stevens Announces Retirement From Supreme Court

After months of rumors and speculation, Justice John Paul Stevens officially announced today that he is retiring from the Supreme Court:

WASHINGTON Associate Justice John Paul Stevens, the leader of the liberals on the Supreme Court, announced on Friday that he will retire at the end of this term, setting up a confirmation battle over his replacement that could dominate the political scene this summer.

In a brief letter to President Obama, whom he addressed as my dear Mr. President, Justice Stevens said he was announcing his retirement now because he had concluded that it would be in the best interests of the Court to have my successor appointed and confirmed well in advance of the commencement of the Court’s next term in October. As retiring is a big transition, for anyone going through this process or is considering it, finding out tips for living a fulfilling retirement could make retiring a lot less stressful to think about. A lot of people may not be thinking about this aspect of life just yet, but the majority of us will have to do this one day. The idea of making the transition of working life to not working anymore can be a lot for some people to come to terms with. But there are many tips for a retirement free of stress which people can take a look at, especially if they are unsure as to whether this is a good choice for them.

The retirement by Justice Stevens, 89, had been widely expected because he did not hire the usual number of clerks for next year’s term. If, like Justice Stevens you’re planning to go into retirement soon, browse over these recommended steps to retire peacefully.

The White House has been quietly evaluating potential nominees for months. Among those rumored to be in contention for the nomination are Solicitor General Elena Kagan and several appeals court judges, including Diane Wood and Merrick Garland.

A soft-spoken Republican and former antitrust lawyer from Chicago, Justice Stevens has been the leader of the liberal wing of a court that has become increasingly conservative. He was appointed by President Gerald Ford in December 1975 to succeed Justice William O. Douglas, who had retired the month before. He is the longest-serving current justice by more than a decade.

No doubt the Obama Administration has been considering replacements for Stevens for months now given all the speculation, but it’s worth noting that three weeks elapsed last year between Justice Souter’s retirement announcement and President Obama’s selection of Sonia Sotomayor to replace him. This time around, Obama has even more time to consider the nomination so we may have to wait a while to see what they do. For those who are not part of the political world, there are tough decisions to make when you reach retirement age, for example deciding when is the right time to step away from your business. For Stevens, the implications of stepping down are huge; making his decision even harder.

As I’ve noted before, Justice Stevens is perhaps the most liberal member of the Court. Given that, it’s unlikely that whoever Obama appoints to replace him will have a significant impact on the ideological balance on the Court, except perhaps in close cases where a particularly persuasive Justice might be able to persuade a swing vote to accept his argument.

Nonetheless, given the political climate, the fact that this is an election year, and the record we already have from the Sotomayor hearings last year, I think we can expect that this while being a very politically charged nomination process. Although I don’t think there’s been a Supreme Court nominee since Bork that wasn’t politically charged.

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