Hollow Victories
There is some excitement that oral arguments are going well for opponents of Obamacare. Though oral arguments are not perfectly indicative of how the Supreme Court will vote in the end, there is some cause for guarded optimism. That being said, even if the Court completely strikes down Obamacare, it will be something of a hollow victory.
Don’t get me wrong. There is no other correct course of action for the Court to take than to strike down the individual mandate and thus effectively kill Obamacare. It is one of those remarkable monstrosities that happens to be both bad policy and unconstitutional. The problem is that something this monumental is essentially being decided on the whims of a single Justice. How did we reach the point where our basic liberties come down to what Anthony Kennedy may have had for breakfast one day?
I don’t mean to be flip, but it feels like we’ve taken a very wrong turn somewhere along the line. Continue reading
But Sometimes We Do Need a Nanny
William Teach is none too happy about the NSTB’s desire to ban cellphones from the roads:
(Washington Post) The National Transportation Safety Board recommended Tuesday that all states and the District ban cellphone use behind the wheel, becoming the first federal agency to call for an outright prohibition on telephone conversations while driving.
Distracted driving, some of it due to cellphone use, contributed to an estimated 3,092 deaths in highway crashes last year, according to the National Highway Traffic Safety Administration.
So, only some of the deaths can be attributed to distracted driving. We should ban looking at scenery, since that is dangerous. And passengers. Listening to the radio. Drinking coffee. Eating. Brushing hair. Putting on makeup. Those mirrors that allow parents to look in the back. Kids. Oh, and CAFE standards, which increase the risk of death on the road.
I’m usually sympathetic to concerns about government intrusion, but this is one of those areas where government does have same rationale for interference. The libertarian argument against government interference in our personal affairs usually comes down to opposing efforts to regulate actions that do not harm others. But in the case of distracted driving one’s actions do in fact affect others. People generally don’t have accidents only with themselves. Oh, sure, people run off the road and slam into trees, but more often they slam into other, innocent drivers. So actions which do put other people’s lives at risk merit some kind of regulation, right?
There are a couple of practical objections to the ban. First of all, is this really worthy of federal oversight? One can perhaps argue that interstates are subject to the commerce clause, but this ban would apply to non-interstate driving. Allowing the federal government to impose a mandate on the states through the threat of withholding highway funds is a pretty nasty trick and I think a clear example of overreach.
Even looking at it as a state issue this proposal poses concerns. Last night I heard some commentators actually suggest that cell phones be disabled as soon as the car starts. Aside from the technological issues surrounding the idea, it’s a pretty absurd idea considering that in the age of smart phones cellphones are multi-functional and are used for a variety of purposes. Even if the NTSB isn’t as ambitious in its proposal, there are still problems with a cellphone talking ban. It isn’t quite unenforceable – after all, we can pretty clearly tell whether a driver is talking on his phone or not. But it does require cops to take on an additional monitoring function that could be a waste of resources.
Now, opponents of cellphone bans often bring up other types of distracted driving. I’ve often dismissed these as red herrings. Talking on the phone does distract our focus away from driving that I don’t think these other activities do. That being said, it points to the basic flaw in a cellphone ban. It’s an attempt to regulate an obnoxious behavior. Look, I’ve been stuck in endless traffic that was a result of rubbernecking. I once was stuck in traffic in Atlanta on the way to the airport for half an hour because there was an accident on an overpass. At these times I wish there were television monitors capturing the prime offenders on tape, resulting in said drivers being banned from driving for life. Similarly, anytime I get behind a slow driver or someone weaving I just know that they’re yapping on a phone, and most times I’m proved right. But does our annoyance with obnoxious driving behavior merit regulation?
As stated above, this particular obnoxious behavior can be life threatening. I don’t think wanting to regulate this particular action crosses the threshold into an overbearing nanny state. But if we’re truly honest, it’s probably ultimately nothing more than an effort to make us feel like we’re doing something to stop something that, in reality, we can’t do anything about. As we all know, every other driver on the road is a moron, and we haven’t banned idiocy.
Yet.
There’s A Law About That?
The FCC is coming under fire from Congress for lax oversight of kids’ programming. So what’s the problem? Is Joe from Blue’s Clues working a little too blue, if you catch my drift? Are the explicit drug scenes from Yo Gabba Gabba getting a little too out of control? Is the lack of parental oversight of Max and Ruby sending a bad message?
No, none of that. Evidently there are too many commercials.
I am not making this up.
TV watchdog groups say the Federal Communications Commission needs to better target kids’ programs that have too many commercials, and they want the commission and Congress to strengthen oversight of the Children’s Television Act.
Fueling the drive is a Government Accountability Office report issued last week that highlights FCC shortcomings in enforcing the landmark 1990 law intended to raise the quality and educational value of children’s programming while also limiting advertising. The report said the FCC has been lax in ensuring compliance from cable and satellite providers and questioned the commission’s guidelines for determining the educational value of children’s shows.
You mean to tell me there is a law out there that dictates the amount of commercials that can be shown during children’s programming? Surely you jest.
Congress crafted the law in response to a decrease in educational shows during the 1980s that corresponded with an uptick in commercial blitzes during children’s programming. To shield youngsters from excessive commercials, the law restricts advertising during children’s programs to 10.5 minutes per hour on weekends and 12 minutes per hour on weekdays.
I repeat: there is a law, passed by Congress, signed by a President, that actually dictates the amount of commercials that are to be shown during kids’ shows. The government of the United States deemed this an issue worthy enough of oversight.
Moreover, there are people who think the government isn’t doing enough.
During the Clinton administration, the FCC was “paying attention to children’s education, and the quality of children’s programming improved,” said Dale Kunkel, a child media expert and a communications professor at the University of Arizona.
“We slowly moved to a posture in the 2000s where they completely ignored the issue and the broadcasters offered whatever they want,” he said.
Wait a second. Broadcasters can offer programs that viewers have the option to watch, or not watch? What is this, a free country or something?
Look, I’m all for making sure that the airwaves are generally clean for kids. While parents have the ultimate responsibility for watching their children and making sure that the content of what they’re viewing is appropriate, it’s helpful to be assured that they’re not going to watch all the animals from Franklin get a little too friendly (and at least they’ve finally had the decency to put some clothes on little bear). But do we really need the government to dictate the quality of educational programming available, or the precise amount of commercial time airing on television? Is there anything that busybodies won’t ask the government to oversee?
Save Us From the saVE Act
You might think that the following snippet is from The Onion. Oh, that it were.
A new law proposed in the Senate would require universities to have stricter policies against sexual harassment and have mandatory relationship training–and some free speech groups say there are problems with the law.
Earlier this month, Sen. Bob Casey, D-PA., and Sen. Patty Murray, D-Wash., introduced the Campus Sexual Violence Act (The Campus saVE Act) which would require universities to enforce new disciplinary guidelines against crimes of sexual violence. The law would amend the existing Clery Act, passed in 1990, which requires universities to report all crimes committed on campus.
While the law attempts to define and combat all manners of sexual harassment, it would also require all incoming freshman and university employees to attend mandatory classes on dating and healthy relationships.
There’s really one reaction appropriate for something like this.
Government and Economic Health
Another fine econ 101 video from the Center for Freedom and Prosperity. The day after we learned that the Federal debt now equals the annual size of the US economy seems like an appropriate time to watch the above video. We have attained a size and cost of government in this country which threatens to severely damage the economy which pays our bills, public and private. This cannot go on and will not go on, either by our elected representatives finally taking steps necessary to curb the size and cost of government or through de facto national bankruptcy.



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