Showing posts with label economic freedom. Show all posts
Showing posts with label economic freedom. Show all posts

Wednesday, December 24, 2008

Are Obama and the Intellectuals 'Rewriting' the History Surrounding FDR's NEW DEAL So They May Justify Adapting it to the Current Financial Crisis?

http://www.nytimes.com/2008/12/21/weekinreview/21uchitelle.html?_r=1&ref=weekinreview

A Trap in Obama’s Spending Plan


By LOUIS UCHITELLE


New York Times


December 21, 2008


As the recession deepens, President-elect Barack Obama is gearing up to spend hundreds of billions of dollars on public investment projects, counting on them to lift the economy, as they have in the past.


But this time that may not happen. Public spending, American style, has worked best in good times, when people have jobs and executives are eager to invest. A new public highway is soon lined — in good times — with stores and malls filled with consumers. A dollar spent by government generates three or four from the private sector.


That symbiosis makes a humming economy hum more, as it did in the 1950s and ’60s. But it may not work that way when the American economy is in full retreat, as it was in the 1930s and seems to be today.


As a measure of the current disaster, the Federal Reserve last week lowered interest rates to an unheard-of near-zero percent and offered in effect to give away money if a fearful nation would only spend it. But panicked by investment losses or fearful for their jobs, people tend to hold back. In such circumstances, a new road could be lined not by shopping malls, but by empty, overgrown land.


That is the risk facing Mr. Obama’s plan. By January, Congress will probably be asked to approve an outlay of more than $700 billion. Spent in one year on construction, research or equipment, it might well offset the contraction at first. But unless it also revived general confidence, the economy could collapse again, once the money was gone.


“If that spending can’t get the private sector going, then it is just a make-work maintenance operation,” said Stanley Moses, an economist at Hunter College in New York.


History illustrates how tricky it can be to make public spending work as intended. The many dams Franklin D. Roosevelt’s administration built generated an abundance of electricity, lowering its cost so that families could afford to operate the appliances then becoming available. The construction itself put money into workers’ pockets. But the appliances were too costly for most families during the Depression, and the manufacturers wouldn’t extend credit. For all the money spent by the Roosevelt administration, public investment was failing to jump-start a key private-sector industry.


His administration was inventive, however, and found a way around the problem by subsidizing installment purchases. That was when appliance production finally rose. In time, installment plans evolved into consumer loans and charge cards, and that helped make the American consumer economy the envy of the world.


These symbiotic relationships between the public and private sectors — playing off each other in ways hard to anticipate and hard to channel — became an essential ingredient of American prosperity from World War II until the mid-1970s.


“It is not in the nature of a market system to have adequate private investment all of the time,” said Robert Pollin, co-director of the Political Economy Research Institute at the University of Massachusetts at Amherst. “So we used public investment to smooth things over and improve the climate for private investment.”


That changed. In the 1970s, the public reacted against high taxes and growing budget deficits, and conservatives argued that putting money in private hands would lift the economy more effectively. Public investment tapered off, and was used less as a tool of economic policy as the economy experienced the increasingly sharp ups and downs of the 1980s, 1990s and the new century.


Now, in the opening months of the worst bust since the Great Depression, Mr. Obama is expected to seek sustained outlays over at least two years to repair roads, bridges and waterways; to build and repair public schools; to expand the broadband network; to digitize medical information; to advance green technology. An economic adviser says his goal is “to encourage private investment, particularly in areas where we have too little investment today, for example, solar systems and wind power.”


But Mr. Obama is bucking a deep private-sector funk, a bit like what Roosevelt described in his first Inaugural Address as “fear itself — nameless, unreasoning, unjustified terror which paralyzes needed efforts to convert retreat into advance.” Borrowers and lenders have pulled back. Business investment has plummeted. So has consumer spending. “A psychology of bad times is becoming the mindset of the public,” says Andrew Kohut, director of the Pew Research Center, a survey operation.


Like Roosevelt’s dams, Mr. Obama’s expenditures will no doubt generate jobs and wages in the construction phase. But in 1937, Roosevelt, thinking that the private sector could sustain itself, pulled back on public spending. Some historians say this was a big reason the economy sank again.


Mr. Obama faces a similar danger. Green-technology spending might spawn a far more efficient solar panel, but investors still might shrink at manufacturing it. What if consumers — having lost equity in their homes and scrimping on cars, vacations, even college tuition — were reluctant to buy and install the panels? “There are so many problems today and no good news, and that is enough to stop the impact of what Mr. Obama does,” said Mr. Moses of Hunter College.


The president-elect and his advisers recognize this danger. But they — and many others, including some Republicans — see no other choice. “The most important thing the new administration can do at a moment when the collective psyche has been so shattered is to spend money now on tangible things,” said Mark Zandi, chief economist at Moody’s Economy.com, who advised John McCain’s presidential campaign. “People want to see up front a repaired bridge, a new energy technology, a better water system. They want to feel these will have huge benefits down the road, and that might get them spending again.”




[THE PROBLEM WITH THIS THEORY, HOWEVER, IS THAT PEOPLE WANT TO SEE PRIVATE BENEFITS FROM PUBLIC WORKS EXPENDITURES. A REPAIRED BRIDGE IS NOT LIKELY TO MAKE PEOPLE FEEL BETTER, AS MUCH AS, PUBLIC REPAYABLE LOANS EXTENDED TO COMPANIES TO CONSTRUCT FACTORIES THAT GENERATE EMPLOYMENT, LOCAL OR OTHERWISE - e.g., TO BUILD HYBRID & ELECTRIC CAR BATTERIES, WINDMILLS, SOLAR PANELS, LIGHTBULBS, PHARMACEUTICALS, CELLULAR PHONES & OTHER INFORMATION TECHNOLOGIES, STEEL, PLASTICS, ETC. - ACTIVITIES WHICH WOULD REESTABLISH THE UNITED STATES AS A MANUFACTURING NATION, WHICH WOULD NOT ONLY RESTORE CONSUMER CONFIDENCE, BUT ALSO ALLOW CITIZENS TO EARN AN HONEST WAGE, A PORTION OF WHICH COULD THEN BE USED TO ACQUIRE THE PRODUCTS SO MANUFACTURED. CONSUMERS WOULD ALSO DERIVE CONFIDENCE FROM KNOWING THAT U.S. CURRENCY IS BEING RECYLED DOMESTICALLY RATHER THAN BEING OUTSOURCED].



Whatever the obstacles, Mr. Obama’s plan would mean giving up the view — widely held since the 1970s by economists, policy makers and business executives — that the private sector, by itself, is the key source of prosperity and full employment, and government spending is inefficient.


Perhaps with that in mind, Mr. Obama evoked as an illustration of his plan’s breadth not the desperate 1930s, but the prosperous 1950s and ’60s. That was when President Dwight Eisenhower and Congress set out to build the Interstate System of highways — a gift to an expanding auto industry and to trucking that also linked the country, encouraging all sorts of other investments.


But there is a big difference between Eisenhower’s era and Mr. Obama’s. By 1950, the Depression’s gloom had been banished by the common effort of World War II, followed by immense postwar demand for American production. Road building was just one public investment that set off huge private outlays. The space program stands out; so does military spending, which spurred computer development and created the Internet. And Medicare, born in the 1960s, became intertwined with private medicine.




[THIS IS QUITE IMPORTANT. U.S. DEFENSE DEPARTMENT SPENDING, ESPECIALLY PUBLIC RESEARCH & DEVELOPMENT, SPAWNED THE INNOVATIVE NEW MILITARY TECHNOLOGIES THAT IMPROVED U.S. NATIONAL SECURITY - A PUBLIC BENEFIT. ALTHOUGH ORIGINALLY FINANCED BY THE FEDERAL GOVERNMENT (U.S. TAXPAYERS), APPROPRIATE LEGISLATION WAS ULTIMATELY ENACTED THAT PROMOTED THE TRANSFER OF THESE PUBLICLY FUNDED TECHNOLOGIES TO PRIVATE & PUBLIC UNIVERSITIES and PRIVATE SMALL & MEDIUM-SIZED BUSINESS CAPABLE OF COMMERCIALIZING THESE TECHNOLOGIES (i.e., CONVERTING THEM) TO DERIVATIVE MARKET-RELEVANT PATENT-PROTECTED PRODUCTS FROM WHICH CONSUMERS CONTINUE TO DERIVE TANGIBLE and INTANGIBLE PRIVATE BENEFITS].



Such symbiotic successes prompted a French journalist, Jean-Jacques Servan-Schreiber, to issue a warning to Europe in 1968. In “The American Challenge,” a best seller, he wrote that “the government official, the industrial manager, the economics professor, the engineer and the scientist have joined forces” to support American economic growth, and that the juggernaut would soon reduce Europe to an American colony.


He was wrong. Europe outpaced the United States in its embrace of public-private symbiosis. And now Mr. Obama proposes, in effect, to restore the formula in this country.


[HOWEVER, THE EUROPEAN 'PUBLIC-PRIVATE PARTNERSHIP' MODEL GLOWINGLY REFERRED TO ABOVE IS NOT THE MODEL THE UNITED STATES SHOULD FOLLOW - ITS FORMULA SUFFERS FROM A FAILURE TO HONOR PRIVATE INTELLECTUAL PROPERTY RIGHTS, COMMERCIAL LICENSING (FREEDOM OF CONTRACT) AND AN OVER-RELIANCE UPON GOVERNMENT INTERVENTION].


[See: Lawrence A. Kogan, European Universities Learn Importance of Technology Transfer, Financial Times (9/29/06) at: http://www.itssd.org/Publications/financialtimesletter.pdf ; http://rassegnastampa.unipi.it/rassegna/archivio/2006/09/30SI16007.PDF ].

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http://www.huffingtonpost.com/larry-beinhart/the-great-depression-the_b_151572.html


The Great Depression, The New Deal, World War II and the Crash of '08


By Larry Beinhart


Posted December 16, 2008


Let's start with what everyone can agree on. There was a Great Depression, then the New Deal, then World War II. Also, that America emerged from that war as the world's economic powerhouse and embarked on an astonishing period of growth, prosperity and power.


What is controversial is how much good the New Deal did or did not do. The economy grew, but there was a downward blip from 1936-38 when Roosevelt raised taxes and cut spending in an attempt to balance the budget. (If you're interested, see graph http://en.wikipedia.org/wiki/File:Gdp20-40.jpg)


Unemployment was at about 25% at the start of the Great Depression. In 1940 it was still at 15%.


The universal consensus used to be that the New Deal was effective, though not perfect. Moreover, it saved the United States from embracing the extremes of Fascism or Communism as so many other countries did. But the Right has invested huge sums of money and put a great deal of effort into manufacturing and then selling the claim that Roosevelt's policies were not effective.


"Before we go into a new New Deal, can we just acknowledge that the first New Deal didn't work?"

George Will, ABC, The Roundtable


Even that the New Deal was counter-productive.


UCLA Economists: Government Intervention Prolonged Great Depression 2004 study found FDR's 'misguided policies' delayed recovery. By Paul Detrick Business & Media Institute


What then - according to the Right - ended the Great Depression?


The "New Deal" Was an Utter Failure. It was, in fact, the Second World War that brought an end to the Great Depression.Exposing Liberal Lies (Web Blog)


Actually, there's not much doubt that World War II finally fixed the unemployment problem and lifted the economy up to a significantly higher level.



Here, from a more reputable, fair and balanced source:


The war decisively ended the depression itself.



Christopher J. Tassava, EH (economic history) net.


But what was World War II, for America, as an economic event?


The United States entered World War in December of 1941.

So '41 can be treated, in economic terms, as a pre-war year.


In 1941, tax revenues were 7.7% of GDP (Gross Domestic Product) and government spending was 12.1% of GDP.


Taxes went up.


Deficits were disregarded. Government spending zoomed.



By 1944, tax revenues were 21.7% of GDP and government spending accounted for 45.3% of GDP. Almost half.


It was the New Deal without restraint.


It was Keynesian economics on steroids.


It was Roosevelt unleashed. If the New Deal did not end the Great Depression, but World War II did, what's the lesson?


By the numbers, it has to be that the New Deal was too half-hearted.


It was also that patriotism was able to overcome the backwardness of Republicans and the shortsightedness of the rich.


War is an expensive endeavor. It is also, in and of itself, not a very profitable one. As we've seen with the Iraq, Afghanistan and War on Terror adventures, it can be like throwing money into a pit and blowing it up.


Why did WWII create such success for the United States?


Looked at it strictly as an economic event, we put all our efforts and assets and all our credit into fighting half the world and we emerged as the only modern industrial nation left intact. Though it was not (as far as I know) a conscious goal, and it was a high risk way to get there, we came out of it with a dominant market share of all manufacturing and technology and even agricultural sectors.


What does this tell us about what the response to the crash of '08 should be? It should be whole-hearted. Not half-hearted. We should not fear high taxes, deficits, or government spending. Provided - provided - that we will be producing something of serious economic benefit.


This is not a war against a foreign power. It is an effort against the problems of our own economy.


We have to determine what those problems are and what they are not. They are not the sub prime crises or the housing bubble. Those are symptoms. There are two real problems.



One is our faith in free markets to the degree that it is magical thinking. Markets are never free (in that ideal, magical way), they are never honest by themselves, they are never far-sighted, and they don't supply everything that either a strong economy or a healthy society needs.


If there is an advantage, a greater profit, to be had through fraud, deception, excessive risk taking, collusion and monopoly, diversion of funds, failure to live up to contracts, bribing, buying or influencing governments (which are the only, and necessary, check on fraud, deception and all the rest), some members of the business community will engage in them. They will, at least in the short run, and often in the long run, out perform their more honest competitors.


There are things we need for economic health that established business have battled tooth and nail and will continue to fight until their death and ours.


The second is that in the last seven years we have come to the crisis point of a long term trend. We crossed the line from being a producing economy to being a credit economy. This is an unsustainable condition.



It is also a consequence of the underlying philosophical proposition that free markets create the best of all possible worlds.


The goal must be to transform America into an economy that produces more than it consumes.


The question is how to do that?


Oddly enough, the solutions that have been proposed are on the right track.


1. Invest in infrastructure. Expenditures on infrastructure become an invisible subsidy for all other business. They make all other business cheaper, faster, easier and more efficient. Expenditures on infrastructure, for the most part, cannot be outsourced. [THIS ASSUMES THAT THE STRUCTURES REQUIRED ARE MANUFACTURED IN THE U.S.]


2. Energy independence. Imported oil normally accounts for about a third of the US trade deficit. The way to end that is to produce our own energy and to consume less energy. The question is how? The green answers are wind, solar, tidal energy, possibly geo-thermal. These are infrastructure intensive. The primary cost is building machinery, setting it up and then building efficient transmission lines. Money that we spend on oil pours out of America just like dumping it down a sewer. Money spent on infrastructure stays in town. Then there's "clean" coal and nuclear. There's lots of literature that says both are feasible. I don't know who paid for it. The problem is to include all the costs - the environmental destruction - and actual, effective regulation. Theoretically, both are easily solved. In the real world, it has proved to be unlikely.


3. National health. [EUROPEAN/CANADIAN HEALTHCARE MODEL DESIRED] The private health care we now is the worst of all possible worlds for a modern, westernized society. Its bureaucratic, wasteful, and it rations care. Its far and away the most expensive system. It sends money to non-productive places. It make American business non-competitive.


4. Government goal setting for business and technology. [EUROPEAN MODEL] The glory of free market capitalism is that it is innovative. Thousands, even hundreds of thousands of different people come up with new ideas and try them out. Most fail, a few are wild successes. That won't go away. Imagination, ambition, greed, innovation, will remain. There are lots of things wrong with central planning. One is that it "distorts" the economy. Compared to what? To imaginary free markets? Probably. To where we are now? Unlikely. Can it be worse? Probably not. The second is that it stifles innovation. Compared to what? Innovation in financial instruments? Clearly, the market, left to itself, did not produce alternative energy, popular, efficient American cars, pleasurable mass transit, a new electrical grid, a solution to the obesity epidemic, a reduction in the prison population, and a host of other things.


We have a choice. Go to war for our economic future and well being. Or muddle along with half measures, lost in a fog of pseudo-free market theology, and let ourselves be drained by our own parasites and plundered by the more driven, forward thinking, and committed.


Larry Beinhart is the author of Wag the Dog, The Librarian, and Fog Facts: Searching for Truth in the Land of Spin.


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The Disaster Called the New Deal


By David Gordon


Book Review of New Deal or Raw Deal? How FDR's Economic Legacy Has Damaged America, By Burton Folsom, Jr. Threshold Editions, 2008.


12/9/2008


Ludwig von Mises Institute


Readers of The Mises Review will not be surprised to learn that Folsom considers the New Deal a failure. Nevertheless, even those already familiar with such books as John T. Flynn's The Roosevelt Myth will find Folsom's book valuable. Folsom advances new and important arguments.


His anti–New Deal verdict is hard to dispute: levels of unemployment at the end of the 1930s remained at depression levels. In May 1939, Treasury Secretary Henry J. Morgenthau Jr., one of Franklin Roosevelt's best friends, testified before the House Ways and Means Committee: "I say after eight years of this Administration we have just as much unemployment as when we started… And an enormous debt to boot" (p. 2). When he spoke, unemployment exceeded 20 percent. Further, and here Folsom has absorbed the pioneering research of Robert Higgs, not even the onset of World War II ended the Depression. True enough, unemployment ended; but this was only because of the draft. Absent this military slavery, there is every reason to think that Roosevelt would have continued to struggle with unemployment.


A diehard defender of Roosevelt might essay two replies to this indictment. He might argue that Roosevelt was insufficiently far-reaching: despite his radical reputation, Roosevelt only reluctantly embraced the Keynesian prescription of increased public spending. Roosevelt did indeed spend a great deal on government programs; but this must be balanced against his tax increases. When the two are taken together, the stimulus that New Deal outlays provided the economy was less than needed to restore prosperity. William Leuchtenburg, one of the most influential historians of the New Deal, favors this approach.


"The havoc that had been done before Roosevelt took office," Leuchtenburg argues, "was so great that even the unprecedented measures of the New Deal did not suffice to repair the damage." … Some historians say that FDR should have done more deficit spending during the recession of 1937. (p. 12)


Folsom wisely rejects this argument. It rests on a familiar fallacy, classically exposed by Frédéric Bastiat in the 19th century and Henry Hazlitt in the 20th. Spending by the government does not add to employment, since taxes displace private spending and investing. Folsom aptly quotes Hazlitt in this connection:


"Every dollar of government spending must be raised through a dollar of taxation," Hazlitt emphasized. If the WPA builds a $10 million dollar bridge, for example, "the bridge has to be paid out of taxes… Therefore," Hazlitt observed, "for every public job created by the bridge project a private job has been destroyed somewhere else… All that has happened, at best, is that there has been a diversion of jobs because of the project." (p. 84)


Keynesians of course have a response ready. They will say that investors, owing to pessimism about the future, would not have spent on their own the money the government takes in taxes. Instead, they would have hoarded it; had the money remained in private hands, the increase in employment would have been less than what occurred under the beneficent auspices of Washington.


Folsom ably dispatches this Keynesian canard. If businessmen were reluctant to invest, precisely the antibusiness attitude of the Roosevelt administration was in large part responsible. Roosevelt supported confiscatory rates of taxation; small wonder, then, that investors were reluctant to embark on new projects. They had good reason to think that if they were to be successful, Roosevelt would grab their profits for his own dubious schemes. Polls of businessmen taken in 1939 make evident this reluctance.


In March 1939, for example, AIPO [American Institute of Public Opinion] asked a national sample, "Do you think the attitude of the Roosevelt administration toward business is delaying business recovery?" More than twice as many respondents said "yes" as said "no." (p. 248)


Unfortunately, there is a gap in Folsom's case. His argument, as so far presented, is sound; but what if the government simply increases the money supply? In that case, defenders of interventionism will claim, the new jobs created by the government generate a net increase in employment.


To refute this, one needs the Austrian theory of the business cycle. Government spending, if it takes place through the expansion of bank credit, will, if "successful," result in another artificially created boom. The recovery thus generated will result in the long run in even worse economic distress, once that new boom in turn collapses. Nor can a policy of further monetary expansion indefinitely postpone disaster. Eventually people's confidence in the monetary system will crumble, and a hyperinflation will result.


Folsom, though not blind to the danger of inflation, ignores Austrian theory. In his own account of the continued severity of the depression that began in 1929, he rightly stresses the malign effects of the Smoot-Hawley tariff. Its extraordinarily high rates greatly restricted trade, not only through restricting imports but also because of retaliatory tariffs imposed by other nations. But he says nothing at all about the Austrian view, i.e., that the expansion of bank credit during the 1920s was the principal cause of the 1929 crash.


Quite the contrary, he follows Milton Friedman and the Chicago School in bemoaning the Federal Reserve's contraction of the money supply.[1] He appears not to be aware of the Austrian view. He does not cite Hayek or Mises on the cycle, and he ignores Lionel Robbins's outstanding The Great Depression. (The fact that Robbins wrongly repudiated his own book should not make one reluctant to benefit from its analysis.) He includes only one reference to Rothbard's America's Great Depression, and this is in connection with Herbert Hoover and the RFC (p. 276, note 18).


But I come not to bury Folsom, but, mostly, to praise him. One of his best insights is that the New Deal programs were financed in large part by the poor. At Roosevelt's behest, excise taxes were imposed on many popular items of consumption; and these weighed especially heavily on the impoverished. "In the first four years of Roosevelt's presidency, revenue from excise taxes exceeded that of income and corporate taxes combined" (p. 126). (I do not think it right, though, to call excise taxes "regressive," as Folsom does. Everyone paid the same rate; the poor were not charged more.)


This was far from the only way in which New Deal programs hurt the poor. Blacks fared very badly under Roosevelt, the supposed great exemplar of enlightened modern liberalism. Minimum-wage laws proved a stumbling block to efforts by blacks to secure jobs. These laws prevented employers from undercutting unions by offering lower wages to nonunion members. Since blacks faced exclusion from many of the powerful unions, they were in effect frozen out. Roosevelt, by the way, allowed unions freely to violate private-property rights: sit-down strikes, i.e., the forcible seizure and occupation of an employer's property, were for him quite in order. In the famous sit-down strike by Walter Reuther's United Auto Workers against General Motors, neither "Governor Frank Murphy of Michigan nor President Roosevelt was willing to support evicting the strikers from GM property" (p. 120).


Roosevelt was not much concerned with the effects of his programs on blacks. Indeed, he did little to support civil rights: he would not, e.g., support antilynching legislation. To do so might antagonize important Southern congressmen. Despite his seeming indifference to blacks, Roosevelt gained support among many members of the black community, in part owing to carefully calibrated publicity gestures by members of his administration. Nevertheless, several prominent blacks saw through him. Roosevelt snubbed Jesse Owens after the latter's triumph at the 1936 Berlin Olympic Games; and thereafter Owens campaigned against him. Joe Louis sent a telegram of support to Wendell Willkie in the 1940 election: "'Win by a knockout,' Louis telegrammed" (p. 210).


Folsom ably addresses an objection to his anti-Roosevelt thesis. If Roosevelt's policies were such a miserable failure, why was he reelected? In 1936, he won by a landslide over the Republican candidate, Governor Alf Landon of Kansas. Moreover, not even the most bitter anti-Roosevelt partisan can deny the president's popularity.


In part, Folsom claims, the answer lies in Roosevelt's great personal charm. Even opponents, such as the eminent journalist Arthur Krock, found themselves under its sway. Krock once explained to Roosevelt why he no longer attended presidential press conferences. "You charm me so much that when I go back to write a comment on the proceedings, I can't keep it in balance" (p. 223).


But Folsom has a deeper explanation. Roosevelt manipulated welfare programs, especially jobs under the WPA, to gain votes. WPA officials were quite willing, if need be, to twist arms in order to gain votes for the president and his congressional supporters. More generally, under the expert advice of Emil Hurja, the principal assistant to Postmaster General James Farley, polls were undertaken to indicate where patronage and pork could be used to best advantage.


Folsom here uses to good advantage a long-forgotten book, Who Were the Eleven Million? by David Lawrence, the founder and editor of US News & World Report. Through a county-by-county analysis of the 1936 election, Lawrence showed that voting for Roosevelt varied directly with the patronage and jobs extended. Sometimes one can trace in detail the way particular acts of political beneficence shifted voters to the Democratic camp. The Republicans were caught in a bind. As the party out of power, they could not match Roosevelt as a dispenser of favors. They could to an extent try the path of virtue, denouncing Roosevelt's tactics for what they were; but this tactic could not be pushed too far. To do so risked alienating voters who benefited from the government's largesse. Thus, Landon promised to maintain payments to farmers under the AAA, fatally compromising his denunciation of Roosevelt for political manipulation of welfare.


Folsom places great emphasis on Roosevelt's character, and the president comes off very poorly indeed. Politicians are hardly noted for honesty, but even judged by the low standards of the breed, Roosevelt was mendacious. In a speech in the 1920 election, when he ran for vice president on the Democratic ticket, Roosevelt falsely claimed to have drafted the constitution of Haiti. When challenged, he denied ever making the statement, though numerous witnesses attested that he had done so. Folsom might also have mentioned the charges of dubious dealings leveled against Roosevelt's Warm Springs Foundation for polio victims. (Folsom does mention this project but says little about it.)


The president did not grow more honest with age. Though he had promised to stay neutral in the fight between Alben Barkley and Pat Harrison for Senate majority leader, he came down decisively for Barkley, who won the vote, 38-37.[2] As a result, he converted the popular Harrison from a strong New Dealer to an opponent.


Roosevelt also had an unslakeable thirst for power. Though the 1936 elections gave the Democrats overwhelming control of Congress, this was not enough for Roosevelt. He sought to purge those who were not fully behind his program. In particular, he could not forgive those who dared to oppose his unsuccessful proposal to pack the Supreme Court. He opposed long-serving and influential Democratic congressmen, favoring instead more pliant newcomers. (One favorite was Lyndon Johnson, whose later efforts to bring the New Deal to South Vietnam were not altogether a success.) In most cases, Roosevelt's efforts proved unavailing. The once-dominant Roosevelt, despite his undoubted political gifts, found himself in a much weaker political position at the end of the 1930s than he had been in 1936. Roosevelt had overreached.


Roosevelt's quest for power and disdain for criticism had a sinister side. He used government agencies, especially the FBI and IRS, to harass his political opponents. Thus, at the president's instigation, a case of tax evasion against former Treasury Secretary Andrew Mellon was pursued, though known to be without basis by Elmer Irey, the head of the special intelligence unit of the IRS. Robert Jackson, who ordered the prosecution of Mellon, was later elevated to the Supreme Court. Mellon was eventually vindicated. As soon as Jesse Owens and Joe Louis criticized Roosevelt, IRS investigations of them commenced. Readers of this well-documented book will view Roosevelt with distaste.[3]


Notes


[1] It is possible to support the Austrian view of the Depression's cause while still rejecting the Fed's monetary policy once the Depression started as overly deflationist, but it is most unlikely that Folsom adopts this approach. For a criticism of Chicago orthodoxy, see Murray Rothbard, America's Great Depression, and Melchior Palyi, The Twilight of Gold.

[2] I cannot resist the story of Barkley's death. In a speech in 1956, he said, "I would rather be a servant in the House of the Lord than to sit in the seats of the mighty" and moments later dropped dead from a heart attack.

[3] There appears to be a mishap in the text of p. 306, note 38. Folsom refers to a letter from Arthur Sears Henning to Herbert Hoover, apparently on the court-packing plan, and thanks Gary Dean Best for calling this letter to his attention; but the letter is not mentioned in the accompanying text.

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George Will: ‘The First New Deal Didn’t Work


By Faiz Shakir


ThinkProgress.com


Nov. 23rd, 2008


Economists on both the left and right broadly agree that the need for stimulative government spending is necessary to prevent a further collapse of the global economic system — just as the New Deal and the deficit spending of World War II restored the health of the global economy in the last century.


This morning on ABC’s This Week, conservative columnist George Will echoed the false right-wing meme that FDR’s New Deal policies made the Depression worse:


Before we go into a new New Deal, can we just acknowledge that the first New Deal didn’t work?


As Nobel-laureate Paul Krugman wrote recently in the New York Times, “There’s a whole intellectual industry, mainly operating out of right-wing think tanks, devoted to propagating the idea that F.D.R. actually made the Depression worse. So it’s important to know that most of what you hear along those lines is based on deliberate misrepresentation of the facts. The New Deal brought real relief to most Americans.”


Krugman observed that the true short-comings of the New Deal policies resulted from the fact that they were not bold enough over the short-term:


[T]he truth is that the New Deal wasn’t as successful in the short run as it was in the long run. And the reason for F.D.R.’s limited short-run success, which almost undid his whole program, was the fact that his economic policies were too cautious. […]

In short, Mr. Obama’s chances of leading a new New Deal depend largely on whether his short-run economic plans are sufficiently bold. Progressives can only hope that he has the necessary audacity.


Brad DeLong offers this chart to emphasize the value of the New Deal.


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Fresh Debate About FDR's New Deal


by Jim Powell


Jim Powell, a senior fellow at the Cato Institute, is author of FDR's Folly, How Roosevelt and His New Deal Prolonged the Great Depression, (Crown Forum, 2003).


December 2, 2003


It has been 70 years since Franklin Delano Roosevelt launched his New Deal in an effort to banish the Great Depression of the 1930s -- perhaps the most important economic event in American history. The New Deal was controversial then, and it's still controversial, because it failed to resolve the most important problem of the era: chronic unemployment that averaged 17 percent.


Newsweek columnist Robert Samuelson acknowledged that if World War II hadn't come along, America might have stumbled through many more years of double-digit unemployment. Samuelson, however, is among those who give FDR high marks for handling the political crisis of the 1930s, the worst political crisis this country has faced since the Civil War.


But the political crisis was caused by the double-digit unemployment, and in my new book, FDR's Folly, How Roosevelt and His New Deal Prolonged the Great Depression (Crown Forum, 2003), I report mounting evidence developed by dozens of economists, at Princeton, Brown, Columbia, Stanford, the University of Chicago, University of Virginia, University of California (Berkeley) and other universities, that double-digit unemployment was prolonged by FDR's own New Deal policies.


How can that be? Consider just a few of FDR's policies. The New Deal tripled federal taxes between 1933 and 1940 -- excise taxes, personal income taxes, inheritance taxes, corporate income taxes, dividend taxes, excess profits taxes all went up, and FDR introduced an undistributed profits tax. A number of New Deal laws, including some 700 industrial cartel codes, made it more expensive for employers to hire people, and this discouraged hiring.


Frequent changes in the tax laws plus FDR's anti-business rhetoric ("economic royalists") discouraged people from making investments essential for growth and jobs. New Deal securities laws made it harder for employers to raise capital. FDR issued antitrust lawsuits against some 150 employers and companies, making it harder for them to focus on business. FDR signed a law ordering the break-up of America's strongest banks, with the lowest failure rates. New Deal farm policies destroyed food -- 10 million acres of crops and 6 million farm animals -- thereby wiping out farm jobs and forcing food prices above market levels for 100 million American consumers. FDR's Folly spells out much more in startling, sometimes hilarious detail.


Robert Bartley, who edited the Wall Street Journal for three decades and is now a commentator, called for a fresh debate about the New Deal. Newspaper publisher Conrad Black, author of Franklin Delano Roosevelt, Champion of Freedom, responded by claiming that if "workfare" recipients were included among the "employed," then New Deal unemployment rates were lower than the U.S. Department of Labor has reported for decades. Those tempted to agree with Black might listen to jazz great Louis Armstrong's 1940 tune "The WPA" -- referring to FDR's biggest "workfare" program, the Works Progress Administration. Among the memorable lines: "Sleep while you work, rest while you play, lean on your shovel to pass the time away, at the WPA."


There's a fascinating split between economists and political historians about the New Deal. The idea that FDR cured double-digit unemployment, wrote author and commentator Thomas Sowell in a recent column, "was never pervasive among economists, and even J.M. Keynes -- a liberal icon -- criticized some of FDR's policies as hindering recovery from the depression."


Meanwhile, pro-FDR political historians such as James MacGregor Burns, Arthur M. Schlesinger, Jr., Frank Freidel, William Leuchtenburg, and Kenneth S. Davis, have focused on the personalities, elections, speeches, "Fireside Chats" and other aspects of the New Deal's political story, disregarding evidence about the economic consequences of New Deal policies. This continues to be the case with younger political historians like Alan Brinkley, author of The End of Reform: New Deal Liberalism in Recession and War, who called the New Deal "a bright moment." Disregarding the economic consequences, too, are children's book authors like Joy Hakim, whose recent bestseller Freedom: A History of US includes a glowing account of New Deal heroics.


Aside from FDR's Folly, the only major work mentioning evidence about the economic consequences of the New Deal is by Stanford University political historian David M. Kennedy: his 1999 book Freedom from Fear, winner of a Pulitzer Prize. "Whatever it was," he wrote, the New Deal "was not a recovery program." The New Deal might be gone, but the debate goes on.
-------------------------------------------------------------------------------------------------
[See also Europe & United Nations Try to Cram Down US Throat Socialist Financial and Environmental Global Governance; Will Bush & Successor Swallow?, ITSSD Journal on Economic Freedom, at: http://itssdeconomicfreedom.blogspot.com/2008/10/europe-un-us-blue-party-cram-down-bush.html ].

Wednesday, June 18, 2008

Is There No True Justice or Rule of Law in Brazil? If So, How Can There Ever Be Economic Freedom??



In Brazil, Justice is For the Birds


By Augusto Zimmermann


Brazzil Magazine


June 17, 2008



(Translation: 'Picture of Brazil')
This article is based on a paper presented at the annual conference of the Australian Society of Legal Philosophy, June 13-15 2008.


Brazil is a nation suffering from a substantial lack of commitment to the rule of law. As a result, most of what happens in Brazil lies outside the statute books and law reports.


In that country there is indeed a very sharp contrast between, on the one hand, statutes and the written texts of the constitution, and, on the other hand, the daily life as demonstrated in the dealings between individuals and public authorities.

In an important survey conducted by DaMatta in the mid 1980s, citizens in Brazil were asked how they classify a person who obeys the law. The common answer was that such a person must be an individual of "inferior" social status. But when asked about a wealthy person who wishes to obey the law, the common answer to this situation was that this person is simply a babaca (fool). DaMatta then concluded from this empirical research that, in Brazil, "compliance with law conveys the impression of anonymity and great inferiority".
In Brazil, social status is far more important than any protection of the law, because laws are generally perceived as not being necessarily applied to everyone. Unlike a typical North American citizen who would use the law to protect him-or-herself against any situation of social adversity, a citizen in Brazil would instead appeal to his or her social status.


Respecting the law in that country implies a condition of social inferiority and disadvantage that renders one subject to it. As the late historian José Honório Rodrigues observed: "In Brazil, personal liking is above the law". And so the familiar Brazilian maxim: "Para os amigos tudo, para os indiferentes nada, e para os inimigos a lei" (For my friends, everything; for strangers, nothing; for my enemies - the law!).


Since Brazil's society stresses direct relations based on personal liking as opposed to formal relations which are based on the law, the greatest fear of Brazilians is that of eventually becoming an isolated citizen. The isolated citizen is an inferior who is reduced to the condition of being merely "under" the law.


Accordingly, people without the necessary ability to develop such relationship ties have "only" the law on which to depend, whereas a citizen with "good" friends can also obtain any "special" treatment from the state and other institutions of prestige.


A phrase that is typically applied by people who expect such "special treatment" is "Você sabe com quem está falando?" ("Do you know whom you are talking to?"). It is often used by those who wish to somehow disobey formal rules, and as such it can be applied to a vast range of situations. A common application is when a police officer is "daring" to apply a fine for parking infringement. In such a case it is the officer himself who risks being punished if he tries to enforce the law.


It is not so much that the individual declaring personal exemption from the law necessarily views it as being wrong or unfair; it is just that he or she believes the law does not apply to a person like him or her. To obey it would be beneath him or her. The premise is that he or she possesses the privilege of being "more equal" than others, and so exercises the prerogative to ignore the law with impunity and utter arrogance. This sort of behaviour, argues history professor José Murilo de Carvalho, might be provoked by the mixed nature of the Brazilian citizen which he describes in the following terms:


"Master and slave live together inside him. When occupying positions of power he exhibits the arrogance of a master, when outside power he oscillates between servility and rebelliousness. A true citizen conscious of his (legal) rights and mindful of the rights of others did not develop..."


This cultural trait may help to explain the persistence of (social) inequality whose major victims are the descendents of the former slaves.


In reality, the fact that many people in Brazil often consider themselves above the law might be a legacy of the institution of slavery infecting contemporary Brazilian society.


The hypothesis posits that slavery might have contributed to a low value being placed on compliance with law. While slavery was abolished a long time ago, in May 1888, a master-slave mentality might still permeate Brazil's social relations. According to Joseph A. Page,
"There are... societal ills that can be traced at least in part to slavery. For example, the slave owner could do as he pleased with his slaves without having to answer to anyone for the consequences of his actions. The master-slave relationship replicated the medieval relationship between Portuguese king and his subjects, and it came to define the link between the powerful and the powerless in Brazil... Indeed, a sense of being above the law became a prerogative of the nation's haves. The notion of impunity - the avoidance of personal responsibility - became deeply ingrained in Brazilianness and has proved a barrier to development."


To understand the reasons for problems blocking the rule of law from taking hold in Brazilian society, we need to investigate these patterns of social behaviour that inhibit the normal respect for legal norms and principles.


The abysmal difference in Brazil between legal provisions and reality bears a good testimony to the fact that "good laws" might be important, but what really matters is individual, straightforward conduct, which in turn is the natural result of a culture of legality entailing the willingness by all citizens, including judges and politicians, to honestly respect legal obligations.


Indeed, Brazil does not have the rule of law because Brazilians have not yet developed this kind of culture.


* Augusto Zimmermann, LLB, LLM, PhD is a Law Lecturer at Murdoch University, Western Australia.

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Comments (2)
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Dr.Zimmermann strikes again! written by João da Silva, June 17, 2008


A splendid article and my kudos again. We do need more Brasilians like Augusto and Ricardo to write such articles, questioning the lack of commitment to law in this country, not disregarding the fact that there are several hundreds of thousands of Brasilians that share their views. Let me cite a few examples from my own experience.


But when asked about a wealthy person who wishes to obey the law, the common answer to this situation was that this person is simply a babaca (fool).


I am not wealthy at all, but just a middle class person.But I obey all the laws, including the traffic rules. When I stop my car at a pedestrian crossing to let the people cross teh street, I get harassed by other drivers some of whom call me a "babacão" and some others (especially the lady drivers) show me fingers! Lately I have seen that evern the cops dont give a damn about pedestrian crossings. Because they are "autoridades maximas" (The highest authorities) and above any blooddy law.

Since Brazil's society stresses direct relations based on personal liking as opposed to formal relations which are based on the law, the greatest fear of Brazilians is that of eventually becoming an isolated citizen. The isolated citizen is an inferior who is reduced to the condition of being merely "under" the law.


Spot on again, Dr.Zimmermann. 100% correct. He becomes not only isolated but a "pariah" (because "ele não tem jogo de cintura")!!

"Master and slave live together inside him. When occupying positions of power he exhibits the arrogance of a master, when outside power he oscillates between servility and rebelliousness.


Augusto is brutally blunt again". Even the "Zelador" of a building becomes arrogant, when occupying power.Imagine the "doutores" in the justice system. They are beyond any control!! Have experienced this too.

The abysmal difference in Brazil between legal provisions and reality, bears a good testimony to the fact that "good laws" might be important, but what really matters is individual, straightforward conduct, which in turn is the natural result of a culture of legality entailing the willingness by all citizens, including judges and politicians, to honestly respect legal obligations.


100% correct again.


Indeed, Brazil does not have the rule of law because Brazilians have not yet developed this kind of culture.


Sadly, it will take many more years to develop this culture. I enjoyed reading the article and kudos again to Zimmermann.


Spot on written by jakob, June 17, 2008


Ditto about rules and laws in Brazil... When I try to cross the street, it's amazing how EVERY motorists cuts into my path, and does NOT stop to let me pass... Sometimes, even when I'm already 2 meters into the street, they STILL do not stop ... I am amazed every time at this insensitivity, rudeness and lack of civility. As if I, a "mere" pedestrian, have absolutely no rights with respect to car drivers ... Stunning, this lack of upbringing. But hey, it's "culture"!

Monday, June 16, 2008

The Irish People Have Spoken: NO EU TREATY; EU Commission & US Democratic Congress BEWARE!!

http://news.bbc.co.uk/2/hi/europe/7453560.stm

Ireland rejects EU reform treaty

BBC News

June 13, 2008


Voters in the Irish Republic have rejected the European Union's Lisbon treaty in a vote by 53.4% to 46.6%.


The poll is a major blow to leaders in the 27-nation EU, which requires all its members to ratify the treaty. Only Ireland has held a public vote.


The European Commission says nations should continue to ratify the treaty, designed to streamline decision-making.


Irish PM Brian Cowen said he respected the vote but it had caused a "difficult situation" that had "no quick fix".


Leaders of the No campaign said the vote was a "great result for Ireland".

An earlier, more wide-ranging EU draft constitution failed after French and Dutch voters rejected it in 2005.


'Uncharted territory'


The Irish No campaign won by 862,415 votes to 752,451. Turnout was 53.1%.



Mr Cowen said: "The government accepts and respects the verdict of the Irish people."


He said he would work with other EU leaders to try to find an "agreed way forward" but that the bloc was in "uncharted territory".


At the end of the day, for a myriad of reasons, the people have spoken Dermot Ahern, Justice Minister "Ireland has no wish to halt the progress" of the EU, he said.


A referendum was mandatory in Ireland as the country would need to change its constitution to accommodate the treaty.


European Commission President Jose Manuel Barroso said he had spoken to Mr Cowen and agreed with him that this was not a vote against the EU.


"Ireland remains committed to a strong Europe," he said.


"Ratifications should continue to take their course."


France and Germany quickly issued a joint statement expressing regret over the Irish result.


British Foreign Secretary David Miliband said the UK would press on with ratification, saying: "It's right that we continue with our own process."


[THIS IS THE TYPICAL BRUSSELS/GERMANY/FRENCH RESPONSE: WHO CARES WHAT THE PEOPLE SAY?? THEY WILL LEARN THAT WE KNOW WHAT IS BEST FOR THEM! WE SHALL EDUCATE THEM THROUGH REGULATION... See, e.g., UK Labor Party Willing to Give-Away Country's Sovereignty to EU; Does the US Democratic Party Wish to Do the Same for America??, ITSSD Journal on Pathological Communalism, at: http://itssdpathologicalcommunalism.blogspot.com/2008/04/uk-labor-party-willing-to-give-away.html ; Why Europe’s National Politicians Sign Away National Sovereignty , ITSSD Journal on Economic Freedom, at: http://itssdeconomicfreedom.blogspot.com/2008/01/why-europes-national-politicians-sign.html ; Brussels' and Gordon Brown's Contempt for the European People, ITSSD Journal on Economic Freedom, at: http://itssdeconomicfreedom.blogspot.com/2008/01/brussels-and-gordon-browns-contempt-for.html ; Forner UK Prime Minister Tony Blair Was Determined to Modify Public Behavior Through Claude Helvetius’ ‘Education Thru Legislation' Program, ITSSD Journal on Pathological Communalism, at: http://itssdpathologicalcommunalism.blogspot.com/2008/01/forner-uk-prime-minister-tony-blair-was.html ; Roger Helmer - UK Member of EU Parliament - "Straight Talking" Newsletter Dec. 2007, ITSSD Journal on Economic Freedom, at: http://itssdeconomicfreedom.blogspot.com/2008/01/roger-helmer-uk-member-of-eu-parliament.html ; 11/6/07 E-mail Correspondences Between Roger Helmer UK Member of European Parliament & Lawrence Kogan, ITSSD CEO, ITSSD Journal on Economic Freedom, at: http://itssdeconomicfreedom.blogspot.com/2008/01/11607-e-mail-correspondences-between.html .]


Spain has said a solution will be found but Czech President Vaclav Klaus said ratification could not now continue.


Mr Barroso said EU leaders would have to decide at a summit next week how to proceed. He called for the EU to continue focusing on issues of interest to people like jobs and inflation, energy security and climate change.


This is democracy in action... and Europe needs to listen to the voice of the people Declan Ganley, Libertas.

But BBC Europe editor, Mark Mardell, says this is a multiple crisis for the EU - a crisis of rule change, of legitimacy and of morale.


In the end, he says, the Lisbon treaty could be declared dead: some parts of it would be implemented without a treaty, others abandoned, others put in a new treaty when Croatia joins the EU in a couple of years time.

Declan Ganley of the anti-treaty lobby group Libertas said: "It is a great day for Irish democracy." He added: "This is democracy in action... and Europe needs to listen to the voice of the people."


The No campaign was a broad coalition ranging from Libertas to Sinn Fein, the only party in parliament to oppose the treaty.


Gerry Adams, the president of Sinn Fein, said: "People feel secure at the heart of Europe, but they want to ensure there's maximum democratic power."


Confusion


Correspondents say many voters did not understand the treaty despite a high-profile campaign led by Mr Cowen, which had the support of most of the country's main parties.


[ACTUALLY, THE VOTERS WELL UNDERSTOOD THE EU TREATY. IT WOULD DENY EUROPEANS THEIR NATURAL RIGHTS TO DUE PROCESS OF LAW & THE EU TREATY WOULD ALSO ATTENUATE THEIR PRIVATE PROPERTY RIGHTS THROUGH MORE REGULATION & TAXATION. THE IRISH TO NOT WISH TO BE RULED BY BRUSSELS-BASED, SOCIAL WELFARE-STATE-DRIVEN 'PHILOSOPHER KINGS'.]


Jose Manuel Barroso said the EC respected the vote but had hoped for another outcome.


Mr Cowen accused the No camp of "misrepresentation", saying voters had voiced concern about "issues that clearly weren't in the treaty at all", the Irish Times reported.


The treaty, which is designed to help the EU cope with its expansion into eastern Europe, provides for a streamlining of the European Commission, the removal of the national veto in more policy areas, a new president of the European Council and a strengthened foreign affairs post.


[THE EU TREATY MANDATES SURRENDER OF NATIONAL SOVEREIGNTY BY EU MEMBER STATES VIA THE REMOVAL OF THE NATIONAL VETO...]


The treaty was due to come into force on 1 January 2009.


Fourteen countries out of the 27 have completed ratification so far.


Just over three million Irish voters are registered - in a European Union of 490 million people.

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The EU Brussels and National Government Elite Continue to Express Contempt for What the European People Want!!


http://news.sky.com/skynews/article/0,,91211-1318932,00.html?f=rss

EU Treaty 'Not Dead' Despite Irish Vote


Sky News


June 14, 2008


European governments have pledged to continue implementing the EU reform treaty, despite its rejection by Irish voters.


More than half those who cast their ballots said 'No' to the Lisbon Treaty, which requires the support of all 27 EU members.


The Irish Prime Minister says there will be no second referendum - which could result in the treaty being scrapped altogether.


Official results of the treaty referendum showed out of some 1.6m votes cast, 53.4% people said No, while 46.6% said Yes.


The vote means the reforms will no longer come into force on January 1, 2009 as planned. "In theory this should kill the treaty dead," said Sky's political correspondent Glen Oglaza.


"The European Commission chief Jose Manuel Barroso said during the course of this campaign that there is no Plan B.


"Euro-sceptics are pointing out that this was already Plan B - the failed European Constitution was Plan A.


"They want to know how far down the alphabet we are going to go."


However, Mr Barroso argued that despite the referendum outcome, the treaty was "not dead". He said he had spoken to Ireland's Premier Brian Cowen and that "he also believed the treaty is not dead, the treaty is alive".


Mr Cowen, whose Fianna Fail party supported a Yes vote, said he was disappointed but the judgment of the Irish people must be respected.


Irish PM after result announced


"In a democracy, the will of the people - as expressed at the ballot box - is sovereign," he said.
But he added: "We must not rush to conclusions. The Union has been in this situation before and each time has found an agreed way forward."


Gerry Adams, whose Sinn Fein party urged voters to reject the reform, told Sky News: "It's a very good day for Europe and a very good day for Ireland."


The 'No' vote will cause a major headache as it was designed to streamline decision-making for the enlarged EU's 27 member states.


Ireland was the only country to hold a public vote on the Treaty because it would have had to amend its national constitution to enact it.


Foreign Secretary David Miliband said Britain would continue its process of ratifying the Lisbon treaty, despite the setback in Ireland.

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http://www.telegraph.co.uk/news/worldnews/europe/2122996/EU-referendum-Ireland-votes-against-Lisbon-Treaty.html

EU referendum: Ireland votes against Lisbon Treaty


By Tom Peterkin in Dublin


UK Telegraph


June 13, 2008


Irish voters have left Brussels' plans for EU integration in tatters by rejecting the Lisbon Treaty.


Even before all the official Ireland referendum results were announced, Manuel Barroso, the President of the European Commission, conceded that the public had voted against the Treaty.


But despite the result, he still called on other member states to ratify the Treaty. "I believe the treaty is alive and we should now try to find a solution," he said in Brussels.


Dermot Ahern, Ireland's justice minister, said: “At the end of the day, for a myriad of reasons, the people have spoken.”


The result is bad news for Ireland's leader, Taoiseach Brian Cowen, who will have some tough explaining to do when he faces EU leaders at the European Council summit next week in Brussels.


Mr Ahern said he became somewhat despondent and surprised at the opposition to the treaty in the final days of canvassing.


The minister believes high numbers of women rejected the EU deal because of fears over army conscription in a new military alliance.


At the major ballot-counting center in Dublin, Finance Minister Brian Lenihan struggled to speak to reporters as anti-treaty activists jubilantly drowned him out with songs and chants of "No!"


"This is a huge rebuff to the political establishment. It shows there is massive distrust among ordinary working people," said Joe Higgins, the sole Socialist Party member in the Irish parliament.


The decision places massive doubt over the future of the pact designed to bring more European integration.


All 27 European member states have to ratify the treaty for it to go come into force next year. So far it has been approved by 18 members including Britain, but Ireland is the only country to put it to a public vote.


The leaders of the 26 other member states watched with dismay as Ireland voted “no”, a decision that will inevitably lead to much infighting and bickering across Europe.


The main Irish political parties, including Taoiseach Mr Cowen's leading government party Fianna Fail, have fought hard for a Yes vote, with Sinn Fein campaigning against the Treaty.


Despite benefiting from £32 billion in European Grants in recent years, a low turn-out (45 per cent) of the Irish electorate discarded the Treaty, designed to streamline the EU.


The outcome was triumph for a highly-effective No Campaign masterminded by the Libertas group led by the multimillionaire Declan Ganley. Libertas argued that the Treaty would undermine Ireland’s influence in Europe, would open the door to interference in taxation and enshrine EU law above Irish law.


For Brian Cowen, the newly-installed Irish Prime Minister, the result was a disaster. All the main political parties, aside from Sinn Fein, had supported the Treaty and made strenuous efforts to win the referendum.


Mr Cowen now has to face the embarrassment of explaining to his fellow European leaders why he failed to persuade his nation to adopt the Treaty.

------------------------------------------------------------------------------------------------

http://newsweek.washingtonpost.com/postglobal/needtoknow/2008/06/ireland_snubs_the_eu.html

Ireland Snubs the EU


By Conor O’Clery


Irish voters, making up a fraction of one per cent of the population of the European Union, have rejected a crucial EU reform treaty by a narrow margin, leaving itself isolated in Europe and the European Union in crisis.


The result stopped in its tracks an accord hammered out in Lisbon, Portugal, to enable European institutions to cope with a rapid EU growth to 27 countries with a population of 495 million people.


The outcome, announced yesterday afternoon, of the referendum held Thursday dismayed and angered governments across Europe, which saw their tortuous negotiations to make EU institutions more efficient thrown into disarray.


The Lisbon Treaty had to be ratified by every country before coming into effect and EU leaders must now find some other way for European integration to go ahead. Twenty-six countries left ratification to their national governments and only Ireland, with 3.05 million voters, staged a referendum, as required under its constitution.


British Prime Minister Gordon Brown will now face furious domestic pressure to hold a once-promised referendum rather than continue to ratify the treaty through parliament. Ireland can only hope that Britain will also reject the treaty: a small country saying no is a problem for the small country, but a big country saying no is a problem for Brussels.


The vote is a slap in the face for the French Government whose foreign minister Bernard Kouchner warned Ireland on Monday that it would be very troubling “that we would not be able to count on the Irish who counted a lot on Europe's money.” Such comments, implying that an ungrateful Ireland would be cast adrift, sounded like bullying to many Irish voters.


What has left veteran European observers scratching their heads in genuine bewilderment is that Ireland of all countries should rebuff the EU, as membership of the European club has allowed Ireland to prosper mightily and to escape from the shadow of Britain, its former ruler.


The result confounded and infuriated the Irish political establishment, which had thrown all its energies into securing a “Yes” vote. The government, the major opposition parties and the biggest labor and farming unions all campaigned for ratification.


It also confounded Ireland’s leading gambling company, Paddy Power PLC, which was so convinced of the outcome it prematurely paid out winnings to people who bet on a ‘Yes’ vote, leaving the company left with “egg on our faces” as a spokeswoman put it.


Irish prime minister Brian Cowen put his personal prestige on delivering a “Yes” vote and is also left with egg on his face. Seemingly unaware how compromised the Irish political class has been by corruption allegations and failures to cope with internal problems such as a dysfunctional health service, he and other government ministers erected posters on every Irish lamp post with their portraits, urging a “Yes” vote.


Opponents of the treaty in Europe cheered on the Irish ‘No” campaign, and British newspapers circulating in Ireland, like the Rupert Murdoch-owned Times, campaigned against ratification, leading to accusations from the “Yes” campaign that Britain's Eurosceptics were waging a proxy war in Ireland.


For the anti-EU Europeans, to paraphrase Winston Churchill, never has so much been done, by so few, for so many, as the Irish have scuppered a treaty which would likely have been rejected by the electorates of several other member countries.


One reason for the “No” vote was that the 287-page document was so full of bureaucratic language that people did not know what they were voting for. The treaty proved impenetrable even to legal experts: the chairman of the independent Irish Referendum Commission, Iarfhlaith O Neill, was embarrassingly unable to answer a technical point at a press conference last week.


[EU BUREAUCRATIC DOUBLESPEAK, LACK OF TRANSPARENCY & ACCOUNTABILITY, and A SENSE OF ELITISM.]


In an ill-tempered national debate, both sides threw around accusation of lies and distortions. A free-market organisation called Libertas formed by Irish businessman Declan Ganley argued that the country’s low corporate tax rate, crucial for international investment, would be jeopardized by the treaty.


The pro-life lobby expressed fears that a loss of sovereignty could mean the end of Ireland’s strict anti-abortion law.


The minor opposition party, Sinn Fein, stirred up concerns that Ireland would lose its cherished neutrality and become part of a militarized Europe. Some voters said they thought they were voting against conscription.


Opponents also argued that Ireland’s influence in Europe would be weakened through the loss its commissioner on the European Commission, the de facto European cabinet, for five out of every 15 years.


The government rejected all these claims, and pointed out that every EU member country would lose their commissioner for similar periods. But as Irish radio presenter Pat Kenny put it, the “No” campaign had all the best tunes.


Anticipating the outcome, the Irish Times thundered its disapproval on Saturday in an editorial headed “Are we out of our minds?” Seeking an explanation for a likely defeat it reflected on “a strange public mood out there that is anti-establishment, anti-authority and anti-politician.”


Ireland’s foreign minister Micheál Martin admitted the result showed a disconnect between EU institutions and its people. Martin, who has to face his fellow EU foreign ministers on Monday to explain what happened, admitted “There was a general sense we were giving away too much power.”


Ireland may try again as it did with a previous EU treaty when it held two referenda in 2001 and 2002 to get a “Yes” vote, but such a move would only confirm the argument that European democracy means everyone agreeing to what the bureaucrats decide.


Conor O'Clery is former chief foreign correspondent of The Irish Times, Ireland's leading national newspaper.

Monday, June 9, 2008

Universalizing the U.S. Constitution and its Accompanying Bill of Rights, Which Together Remain the Only Truly Enforced Declaration of Human Rights

http://www.opiniojuris.org/posts/1210866222.shtml


ITSSD Response to:


Global Governance vs. Liberal Democracy? We are Going to Have to Choose, by John Fonte


OPINIO JURIS


May 18, 2008


Global Governance vs. Liberal Democracy? We are going to have to choose
by John Fonte



I want to thank Peter for inviting me to participate in this discussion. It has been very useful and clarifying. I will close with a few thoughts. Peter's book addresses what will become the major issue of world politics in the 21st century and I'm grateful for his efforts. He has made a strong descriptive case (as has Alex and others), but, in the end, we are all moral human beings interested in the normative.


What we are talking about is the ultimate normative question of politics going back to Plato and Aristotle: who shall govern? For many among Western elites the big idea of the coming century will be how do go beyond the nation-state and national citizenship and create some new form of global governance. In my view (and I realize I'm in a minority in this discussion) global governance (as it has been articulated to date) presents a direct challenge to the legitimacy and authority of the liberal democratic nation-state in general and to American constitutional sovereignty in particular. It is not possible, in my view, to have the new forms of post-national global governance (that have been described in our exchanges) and have, at the same time, constitutional democratic government. At the end of the day, we must choose global governance or liberal democracy?


I choose liberal democracy and its only real historical home, the liberal democratic nation-state as the highest political authority, above any international institution or laws. This is a universal principle and American foreign policy should apply this universally, speaking not simply for American democratic sovereignty, but for the democratic sovereignty of other liberal democratic states as well in arguments over, for example, the International Criminal Court (ICC). Particularly, we should speak up for and protect those democratic nation-states that are under pressure from transnational institutions and forces such as Israel and the Czech Republic (non-ratifiers of the ICC). I will be addressing these issues in my forthcoming (2009) book, Sovereignty or Submission: Will Americans Rule Themselves or be Ruled by Others? (Encounter Books). Thanks Peter. 05.15.2008 at 11:43am


(link)Ron Moss (mail) (www):

Of course global governance presents a direct challenge to the nation-state, just as the formation of tribes presented a challenge to clans and the formation of nations presented a challenge to tribes. It does not present a challenge to democracy. The question is how are Human Rights best served? Individual Human Rights must be the foundation of all governance. The world has become globalized but is not governed globally. We are a world community, like it or not. How can we address climate change other than on a global basis? How can we allow the free flow of capital without global accounting and disclosure standards? How can we protect oppressed peoples other than on a global basis? As the US Constitution says, each human being has rights that no government can take away. No sovereignty, global or local, should be recognized that deprives human beings of their rights.

5.15.2008 2:17pm


(link)nightstallion:

Absolute nonsense. There is no single good reason why the US, Israel and Czechia should not ratify the ICC Statute, period.
5.16.2008 6:39am


(link)Lawrence Kogan (mail) (www):

I believe that Mr. Fonte is correct in his assertion that Americans are not ready or willing to concede the obsolecence of the nation state in furtherance of greater global governance. In fact, they are more likely to object to such a movement than is being represented by the globalists.


I previously engaged in a dialogue with Peter Spiro about the hierarchy of law within the US. I insisted that a treaty is of the same legal significance within the US as is a federal statute (i.e., a legislative promulgation of Congress), and that both are lesser in legal significance than is the U.S. Constitution. In other words, in the case of a conflict, the US Constitution trumps both a federal statute AND a treaty. This truism is absolute insofar as the Supreme Court has ruled that a treaty, like a federal statute, cannot contravene the Constitution and its Bill of Rights and remain legally valid for purposes of US law.


Of course, Peter, being a revisionist, disagrees with this outcome. And, based on his prior statements to me, he endeavors to reinterpret US case precedent and the original intent of the US Constitution (particularly its federal treaty-making clause) for the purpose of facilitating greater US legal harmonization with foreign national and international laws.


There are a number of reasons why the citizens of the U.S., boasting the world's oldest functioning representative democracy, truly a republic, should be reluctant to subject themselves to the evolving bureaucratic institutions of global governance that lack significant checks and balances and public accountability. Chief among the reasons why Americans should resist integration within such institutions, is that such institutions do not recognize, reflect and embody the primacy of natural individual rights, as embodied and incorporated within the U.S. Constitution, its accompanying Bill of Rights and the U.S. Declaration of Independence.


The ICC, like most other international institutions, is at best a compromise between the competing common law vs. civil law institutions of Anglo-American and Continental legal systems. And, we can all see how 'well-functioning' and respectful of individual rights the emerging EU regional Continental legal system is, especially considering how the European national and regional politicians have handled the EU Constitution/EU Treaty issue. In a nutshell, the politicians along with the national and regional governmental bureaucrats trampled on the individual rights of European citizens by misrepresenting the nature of the new treaty, following the prior failed public referenda in 2005. Fortunately, Giscard D'Estaing publicly admitted that the Treaty was merely a subterfuge - a restated and reorganized EU Constitution that the politicans and bureaucrats were trying to cram down the national legislatures without public consent - rule BY law (or rule of MEN).


This continuing disrespect for the rule OF law is symptomatic of European Continental law. While they give lip service to the Universal Declaration of Human Rights and other lofty instruments, they do NOT practice what they preach. For example, European scholars readily admit that under the Continental legal system, guilt is presumed before innocence in the event of an alleged violation of civil or criminal law (e.g., one need only review the bases and modus operandi undertaken in the recent antitrust raids in Europe), whereas under the Anglo-American system, the opposite is true (i.e., the government must show 'probable cause' to issue a warrant). Also, European scholars readily admit that exclusive private property rights are 'negative' rights under the Anglo-American legal system (i.e., contra the rights of other property holders and of the government,) whereas, under the Continental legal system, property rights are deemed as 'positive' rights subject to governmental override when government considers them to be inconsistent with the public/social interest. Hence, European scholars acknowledge that property rights in Europe are ATTENTUATED. I would be pleased to provide Peter with the growing scholarship in this area if he requires a bit of persuasion.


The UN/EU philosophy of climate change as the sin qua non justification for greater global goverance perhaps reflects the greatest attempted mass fraud on the human race ever conceived since the Marxist and Nazi eras. When one looks closely at the emerging regulatory instrument of choice i.e., the nontransparent and overly complex GHG emissions cap &trade system, one can clearly see how no specific emissions reductions achieved by particular emitters can be guaranteed, how the major GHG brokerages on Wall Street and in London's financial district will be the ones to make most of the money, and how energy, goods and services prices of consumers on both sides of the Atlantic will significantly rise, all in the name of 'global governance'. The whole purpose behind a nontransparent regulatory instrument such as this is 'burden sharing' - UN/EU speak for wealth redistribution.


While the world has become more integrated and the interests of diverse peoples have become more closely aligned than ever before, this does NOT suggest that only ONE analyis, ONE solution and/or one set of 'standards' is called for. Nor does it suggest that the only model of governance to address global issues is that of a massive supranational global regulatory welfare state that incorporates values found within EU Continental law and cultural preferences that place the individual secondary to society. Despite my disagreement with Mr. Moss's and Mr. Spiro's proposed global governance prescriptions, I do agree with Mr. Moss' statement concerning the US Constitution. "As the US Constitution says, each human being has rights that no government can take away. No sovereignty, global or local, should be recognized that deprives human beings of their rights."


Now, if globalists wish cover up these and other distinctions in order to 'sell' their brand of Global Governance, they should be well aware that there a number of us out there who will continue to point out and press them on issues that must first be resolved before the US engages in any further global integration. Americans must be educated by Congress about what is at stake. If the globalists are as confident about their new world system as they claim to be, then they should be willing to put their words on the public record for Americans to see. Americans must be ensured that they are to retain at the very least the same rights and opportunities to which they are entitled under the US Constitution and its accompanying Bill of Rights, which was and remains the only truly enforced Declaration of Human Rights. Nothing less would be acceptable.

The U.S. Constitution and its accompanying Bill of Rights remains the only bulwark against the creeping international laws and bureaucratic institutions of the supranational global governance movement. Since that movement seeks to establish the primacy of the global public good over the private good, it would behoove us all if we were to help Americans to quickly become reacquainted with these founding documents and the European history (i.e., the Enlightenment Era) from which they arose.



5.18.2008 12:39pm