Wednesday, June 08, 2005

Tingley, Toscano Favor More Joblessness

Last week, I criticized Rich Collins, a candidate for the Democratic nomination for the Virginia House of Delegates in the 57th District, for favoring the doubling of the minimum wage, to over $10 per hour. Such a move, I argued, would lead to increased unemployment among the most vulnerable members of the labor force, primarily minority teenagers looking for their first jobs, single mothers seeking part-time work, and the elderly semi-retired trying to supplement their pensions.

Now I have the pleasure, if you will, of aiming that same criticism at Collins' two opponents in the race, businessman Kim Tingley and attorney David Toscano. (Collins teaches urban planning at the University of Virginia.)

In a report on WCAV-TV's 11 o'clock news on Tuesday, Toscano said on camera, in response to a question about mandating a "living wage" for UVA employees, "why shouldn't we talk about raising minimum wage in the state as a whole[?]" The report did not cite a percentage or amount that Toscano prefers for a statewide minimum-wage increase.

In this morning's Daily Progress, Bob Gibson (who also appeared briefly, though silently, in the WCAV-TV report) quotes Kim Tingley:

Tingley spoke of his “full support for the living wage” and told UVa employees he was “very concerned about outsourcing” of university jobs from the state workforce to private companies.

University wages “need to reflect the high cost of living in this part of the country,” said Tingley, 60, whose wife, Deborah Lawrence, is an environmental science professor at UVa.
I won't bother to repeat all the familiar arguments about how every increase in the minimum wage causes employment dislocations. But I found this summary in an article from The Freeman: Ideas on Liberty by economists Kevin Sohr and Walter Block. (Block is the author of the popular Defending the Undefendable: The Pimp, Prostitute, Scab, Slumlord, Libeler, Moneylender, and Other Scapegoats in the Rogue's Gallery of American Society.)
Moreover, the minimum wage is not an equal opportunity destroyer. Teens in general suffer more from this law than do adults. Each succeeding increase in the minimum wage has negatively impacted teenage unemployment rates. Just as the minimum wage attacks the young more than the old, it also harms blacks more than whites. Observed Milton Friedman more than three decades ago: “Of all the laws on the statute books of this country, I believe the minimum wage law probably does the Negroes the most harm.” Each increase in the minimum wage has been followed by an immediate widening of the unemployment rate gap between black and white teens. Prior to the 1949 increase the two rates were virtually identical; immediately a gap was created. Every subsequent increase led to a dramatic increase in non-white unemployment while the white level stayed relatively stable.

The problem is not racism, but lack of employment skills. Friedman explained that black “youngsters are less productive than white youngsters. They tend to have a lower level of education, a lower level of skill.” This being the case, any given level of mandated wage is likely to trap more black than white youth.

The one advantage low-skilled workers might have over their skilled counterparts is price competition, offering to work for less. But the minimum wage makes such an offer illegal. Thus, the minimum wage hurts those whom it is intended to most help: unskilled laborers.

Given its disastrous consequences, why does the minimum receive so much support? It preys on people’s good intentions. Voters think: Poor people are not making much money. How can we help them? Mandate that their bosses pay more. When a politician opposes an increase, people hear “I want poor people to earn less money.”
It appears that in their understanding of basic economics, the three Democrats seeking to succeed Mitch Van Yahres in the House of Delegates are as different as Tweedledee, Tweedledum, and Tweedledummest. (Your pick as to who is whom.) Whichever candidate gets the nomination, he'll provide a fat, juicy target for Republican nominee Tom McCrystal.

Tuesday, June 07, 2005

Whither the Charlottesville School Board?

This morning's Daily Progress is reporting that Charlottesville's City Council heard last night from citizens about the candidates they support for appointment to three vacant school board seats. WCAV-TV reported last night on its 11 o'clock newscast that the turnout was rather low, considering that voters have no direct role in selecting school board members and their only influence can be exercised through the open hearing process. On-air correspondent Elizabeth Donatelli reported that only "about twenty-five people took advantage of the public hearing and spoke on behalf of their favorite candidates."

The Daily Progress article also notes that the public hearing was oddly timed, given that Charlottesville High School held its commencement exercises on Monday night, leading to an unavoidable conflict for many teachers, parents, and students who are concerned about the future of the School Board and the city school system.

City Council members also discussed, but did not schedule, a second public hearing after councilor Rob Schilling said Charlottesville High School’s graduation on Monday night likely prevented some people from attending the hearing. Schilling also repeated his call for an elected School Board.

“Why are we appointing School Board members instead of letting the public have a real voice in the process by directly electing School Board via a ward- or district-based election process?” Schilling asked. “We can no longer foster the complete lack of direct accountability to the public, which our appointed School Board members currently enjoy.”
I have obtained a copy of Councilor Schilling's complete remarks. Here is what he said at last night's City Council meeting:
I would like to begin my remarks by acknowledging and thanking all of those who came before us this evening. The purpose of a public hearing is to “hear” the public, and I hope that we as a body have heard you.

I am concerned that for some reason, this public hearing was scheduled on the same night and at roughly the same time as the Charlottesville High School graduation ceremony. This scheduling conflict most likely precluded the participation of many interested citizens who are in some way closely affiliated with a CHS graduate. Even our City Manager, Mr. O’Connell, cannot be present here, due to his son’s graduation tonight. Through this scheduling error, we have potentially denied many members of the public an opportunity for public expression. What an unfortunate oversight. Thankfully there is still time to rectify this situation.

In considering the comments that we did hear tonight, I am not entirely certain how they are received by City Council. Will councilors weigh the number and the persuasiveness of the received comments in order to decide whom to appoint to the board? Or, is this hearing merely a “courtesy” to the public, wherein councilors acknowledge comments with a nod, and then go on to appoint whomever they had previously decided to choose?

If it is the latter, then we should make this clear to the public. But, if it is the former, and this council is sincerely considering whom to appoint to the school board based upon comments received from the public, then we must ask ourselves: “Why are we appointing School Board members instead of letting the public have a real voice in the process by directly electing the school board via a ward- or district-based election process?”

If public input is so valuable and is strongly considered in the school board appointment process, why appoint at all? Do we not trust the citizens of this community, the citizens who elected this very body, with the decision of who should run the city schools, as most localities do across the Commonwealth and across the country? Or do we deem only some of our citizens worthy of trust? We should ask: Why is this council so hesitant to relinquish the power of appointment? Are we five that smart, that good, that intuitive?

It is clear, upon reviewing the many comments I’ve received from residents across the political and socio-economic spectrum, that this council, and previous councils have failed the public, in that we have maintained and supported an appointment process that has left the public dissatisfied and that ultimately has harmed some of our most vulnerable citizens: the children of Charlottesville.

We can no longer afford to allow a $60 million dollar organization, entrusted with the futures of our children, to be run by political appointees who may in fact be placed because of patronage rather than qualification. We can no longer foster the complete lack of direct accountability to the public, which our appointed school board members currently enjoy. We can no longer tolerate a failing “underclass” in our Charlottesville City Schools; we require school board members with a strong and workable vision that is clearly communicated and acceptable to the public whom they hope to serve.

And, thus, we can no longer pretend that one private 15-minute interview with council, and four or five two-minute replies at one public forum adequately reveal the qualification or aptitude of any particular candidate for a position on the Charlottesville City School Board. There is simply too much at stake and the citizens of Charlottesville deserve better than this.

A change here is long overdue, as it has become painfully obvious this year that we as a council, do not “know any better” than you, the citizens of this community. There is nothing “magic” about any of us that would allow us to make a school board appointment superior to that any citizen carefully weighing the issues would make, should you have the opportunity to vote for school board members. If we as a council truly value public input as we say we do, then we should truly value public input by letting the public make the decision regarding who is best suited to direct the education of our children. I trust the public, and, as I have often said, I favor an open process wherein the community elects its school board members.

I want to acknowledge Mr. Jeffrey Rossman, a member of the local Democratic Party, for following the courage of his convictions by certifying and circulating a petition that would allow the citizens of Charlottesville to vote on whether they would like to have an elected or an appointed School Board. This is a nonpartisan effort with bipartisan support.

In conclusion, for Council’s consideration, I will now make two brief motions that I believe will address some of the concerns expressed in my preceding statement:

1) In order to allow a voice for the many who were unable to attend tonight due to a scheduling conflict, I move that City Council establish a 2nd public hearing on School Board Applicants, to be held at the next regularly scheduled Council meeting, June 20.

2) In order that the public may have a greater sense of confidence in the School Board appointments ultimately made by this body, I move that City Council hold all upcoming interviews of current potential School Board appointees in an open session meeting wherein the public would be allowed to observe.

It may be noteworthy that local Democratic activist David RePass, who served recently on the City Council-appointed elections task force, has endorsed the idea of an elected school board, despite virulent opposition from most of the local Democratic party establishment and the four Democrats on City Council. RePass wrote to George Loper:
Simply put, the current system of selecting the Charlottesville School Board violates a fundamental principle of democratic governance. The School Board is not accountable to the people. The only way to make it accountable is to elect it.
The bipartisan group of voters and taxpayers who are circulating a petition to put a measure on the ballot in November to change Charlottesville's school board from an appointed to an elected body will be out in force on primary election day, June 14. I have heard reports that there will be a table outside each polling place with petitions to be signed, and each table will be staffed by at least one Republican and at least one Democrat.

Monday, June 06, 2005

A ‘Brawler,’ Not a Token

In putting forward Tom McCrystal’s name for nomination to be the Republican candidate for the House of Delegates in the 57th District, long-time GOP activist Randolph Byrd related a story about the first time they met, in 1989.

“When I first saw Tom, he was covered with bruises. He had bruises on his legs, on his arms. He even had bruises on his face. ‘What happened to you?’ I asked. It turned out he had been playing lacrosse. I knew then that Tom McCrystal was a brawler – someone who will fight hard for what’s important to him.”

Byrd added that McCrystal has proven, through his civic activism and now through his willingness to run for public office, that he has all the good qualities of a brawler in the public square – not someone who roughs people up for the sport of it, but to demonstrate the strength of his convictions.

McCrystal vice president and chief technology officer at the Charlottesville-based Creative Perspectives, Inc., ran unopposed for the nomination. He was selected by acclamation by the 57th District Republican Committee at its June 6 mass meeting in McIntire Park. Committee chairman Bob Hodous ran a tight meeting; besides the nominating procedure, it only included one resolution, presented under a suspension of the rules, to commemorate the anniversary of the death of President Ronald Reagan.

The highlight of the meeting was McCrystal’s acceptance speech, presented here in full:

Before I begin, I'd like to take a moment and add my voice to the many thanking Mitch Van Yahres for his service to the Commonwealth of Virginia, and to the people of our community.

I think I was part of the first bi-partisan act of Mitch's service in the House. The morning of January 6th, 1981 was brutally cold at six in the morning. I was Tom Albro's driver, and Tom and I, alone with Mitch and his driver, were standing in front of the Rose Hill Drive precinct, waiting to meet voters.

Mitch had made sure that there was an industrial-strength gas heater there, and invited Tom and I to come over and get warm. The four of us still froze our butts off, but that morning I learned from Mitch that you shouldn't let an election stand in the way of being a good neighbor.

If you remember how cold it was that morning, you how thankful we were that morning.

While we may have disagreed politically with him at times, he gave this community many years of his time in public service. So, Mitch, thank you for everything that you've accomplished for Charlottesville and Albemarle County.

With a deep sense of duty and great determination, I am grateful to accept your nomination.

Over the past few months, I have carefully considered whether I should seek a seat in the Virginia House of Delegates. During that time, I have consulted with family and friends, Democrats and Republicans, business associates and members of the Virginia Legislature.

Many -- Democrats and Republicans alike -- encouraged me to run, because they believe that I will bring unique qualifications and experience to Richmond.

They have told me that running a business, with experience in creating jobs, meeting payroll, and dealing with regulations and taxes, will help me to understand the need for responsible economic development. Further, they believe that my experience brings knowledge of how to implement solutions that work.

They have told me that my service as the Founding Chairman of the Virginia Piedmont Technology Council, and helping to bring that organization to life, shows leadership that insures that I will represent them well in the Legislature.

They have told me that my time on advisory committees to the Joint Commission on Technology and Science, making real decisions on real legislation, means I understand how the system works. They believe that I will be effective early and that my first year won't be on the job training.

But mostly, they've told me that they want results. They're tired of politicians who confuse studies with solutions and rhetoric with reality.

So, when I go to Richmond in January, I'll focus squarely on results:

I'll work to streamline state government, so we can afford to reduce the increasing burden on taxpayers.

I'll work to protect your privacy, so identity thieves and corporate snoops will get the message: "Not in Virginia".

I'll work to bring sense to transportation policy, so we can spend less time in traffic and more time where we want to be.

I'll work to bring fiscal stability to the Community College System, so every Virginian has access to knowledge and skills and -- most of all -- opportunity.

And, I'll work to transform public education. We will do more than assure that no child is left behind. Every school, and every child in Virginia will lead.

Now, I want to take a moment and talk about the "Conventional Wisdom". Conventional Wisdom says that Republicans in the 57th, no matter how good our ideas, can not win. Conventional Wisdom believes that members of the other party, no matter how ordinary their ideas, can not lose.

Conventional Wisdom is wrong. In fact, Conventional Wisdom has a track record of being wrong around here.

Conventional Wisdom said that a Democrat would win "Mr. Jefferson's seat" a few years ago. Well, Rob Bell proved Conventional Wisdom wrong.

Conventional Wisdom said that no Republican could win a seat on the Charlottesville City Council. Well, Rob Schilling proved Conventional Wisdom wrong.

Conventional Wisdom has some believing that election for this seat is next week -- that no Republican will represent the 57th.

I believe otherwise.

I believe good ideas trump party affiliation. I believe that vision trumps party dogma. I believe that the imperative of the future trumps few political elites that would hand pick a Delegate.

So, when Conventional Wisdom tells you that the election for delegate is next week, and not in November, just smile when you think, "Conventional Wisdom is wrong. Again."

We have a tough campaign ahead. But do not doubt that we can meet that any challenge together.

Speaking about our nation, Robert Kennedy once said: "Our future may lie beyond our vision, but it is not completely beyond our control. It is the shaping impulse of America that neither fate nor nature nor the irresistible tides of history, but the work of our own hands, matched to reason and principle, that will determine our destiny. There is pride in that, even arrogance, but there is also experience and truth. In any event, it is the only way we can live."

I am running for the Virginia House of Delegates. I run, because I believe in Virginia¹s future. There is pride in that, even arrogance, but there is also experience and truth and faith.

I believe in the intellect and industry of the people in my community, and I delight in their accomplishments every day. In the end, that's why I decided to run.

I am grateful for your nomination today. In response, I say to you, "I am running for the Virginia House of Delegates, and I am running to win". There is pride in that, even arrogance, but there is also experience and truth and faith. In any event, it is the only way I can live.

Thank you for this nomination and this opportunity.

I look forward to representing you in the legislature.

Randolph Byrd's characterization of Tom McCrystal as a "brawler" reminded me immediately of the famous passage from former President Theodore Roosevelt's speech at the Sorbonne in April 1910:
"It is not the critic who counts, not the man who points out how the strong man stumbled, or where the doer of deeds could have done better. The credit belongs to the man who is actually in the arena; whose face is marred by the dust and sweat and blood; who strives valiantly; who errs and comes short again and again; who knows the great enthusiasms, the great devotions and spends himself in a worthy course; who at the best, knows in the end the triumph of high achievement, and who, at worst, if he fails, at least fails while daring greatly; so that his place shall never be with those cold and timid souls who know neither victory or defeat."
Far from token opposition, McCrystal promises to be a scrappy adversary to whomever comes out on top in the June 14 Democratic primary, whether it's Rich Collins, Kim Tingley, or David Toscano. None of the three will not be able to slide comfortably into office; they'll have to work for it.

Is Charlottesville Connaughton Country?

Driving into McIntire Park earlier this evening to attend a joint meeting of the Albemarle County and Charlottesville Republican parties, it was hard – no, impossible – not to be struck by the huge number of signs along the road promoting Sean Connaughton for Lieutenant Governor.

It turns out there were 150 regular-size yard signs and about 30 oversize billboard-type signs along all the roads entering and exiting the park from the Route 250 Bypass and completely surrounding the pavilion where the meeting (and potluck dinner) was taking place.

By contrast, there were no Bill Bolling signs anywhere to be found. It turns out that Bolling’s field rep, Matt Wells, showed up for the meeting with just a handful of signs. When he saw the overwhelming number of Connaughton signs, he just put his own bunch back into the trunk of his car. Resignation is sometimes, it seems, preferable to being overshadowed and embarrassed. (To be fair, former Delegate Peter Way gave an impassioned speech on Bolling’s behalf, receiving polite applause from the assembled party faithful.)

Quiet conversations with party activists after the meeting’s business was concluded revealed a surprising amount of support for Connaughton’s bid for the nomination. Most approached the question pragmatically, citing Connaughton’s record of successful election and re-election in Northern Virginia, a region of the state critical to the Republican ticket this November.

These are activists with long memories of victory and defeat. How many people do you know who can talk authoritatively about attending the 1978 convention that nominated Richard Obenshain for U.S. Senate? Or about the last dual primary, held in 1949, when fewer than 10,000 Republicans voted in their own party’s primary across the state? Not that there were many to begin with, but most Republican voters crossed party lines to vote in the Democratic primary for John S. Battle, since back in those days the primary was effectively the general election, with the first Tuesday after the first Monday in November just a coronation. (Sort of like most General Assembly districts these days.)

Their argument that Connaughton brings both regional and – for lack of a better word – ideological balance to the ticket is credible and persuasive. Kilgore comes from the far southwestern portion of the state, a region that has been pretty much unrepresented in statewide office in recent years. Whoever gets the Attorney General nomination, whether Steve Baril or Bob McDonnell, will cover the Richmond-Tidewater corridor. (And ideologically? As I pointed out to a new voter tonight, “Baril is endorsed by Jerry Falwell, while McDonnell is endorsed by Pat Robertson.” To which he replied, “That’s like Henry Ford saying you can have a car in any color you want, as long as it’s black.”)

Bill Bolling has roots in Southwest Virginia and represents a Richmond-area district in the state Senate. That means of all the potential statewide candidates for the GOP – aside from maverick George Fitch, who as mayor of Warrenton represents the far exurbs of Northern Virginia – only Connaughton brings with him any ties to the vote-rich Northern Virginia suburbs of D.C. In the general election campaign, he would be smart to admit that Bolling’s attacks – characterizing Connaughton as “less conservative” than himself – were largely true. Moderate and pragmatic voters are frightened by ideologues of both left and right, but these days mostly by hard-right hardliners who seem too concerned about people’s sex lives and not concerned enough about who’s picking up the trash on the curbside. (Do you remember Jay Katzen’s successful campaign for Lieutenant Governor four years ago? ... That’s what I thought.)

As a member of the Prince William County Board of Supervisors, Connaughton has had to deal with those “trash-collection” issues – the pragmatic issues that every county board or city council member faces, the tedious questions of where to put a traffic signal or how bright to shine a light over a city-run basketball court. The deliberations that lead to decisions on these issues are unlikely to win many friends, but they teach officeholders how to balance the wants and needs of different segments of the community while remaining true to their core political values. This is what nuts-and-bolts politics is all about – and having that experience is therefore an asset to anyone on a statewide ticket.

Yard-sign wars are merely surface symbols of who may be winning a campaign. The thought processes of political veterans are not. When you hear them say that Connaughton has an edge with pragmatic voters in the June 14 Republican primary, you have to stop and listen.

Phones Keep Ringing

Within just a few hours today, I received telephone messages on behalf of two candidates for statewide office in Virginia.

Attorney General candidate Steve Baril called personally to respond to the most recent attacks on his character by his opponent, retiring Delegate Bob McDonnell.

And former Governor Jim Gilmore called to inform me of his endorsement of state Senator Bill Bolling for Lieutenant Governor.

I may disconnect my voice mail between now and June 14 and use only my mobile phone for a while.

Listen to This Dissent

Another reason why Clarence Thomas should be the next Chief Justice of the United States, and why George W. Bush will not nominate him -- Justice Thomas’ dissenting opinion in Ashcroft v. Raich, in which the Supreme Court ruled 6-3 (O’Connor, Rehnquist, and Thomas, dissenting) that the federal government can prosecute users of medical marijuana even in states that legalize such activity (references and citations omitted):

Respondents Diane Monson and Angel Raich use marijuana that has never been bought or sold, that has never crossed state lines, and that has had no demonstrable effect on the national market for marijuana. If Congress can regulate this under the Commerce Clause, then it can regulate virtually anything--and the Federal Government is no longer one of limited and enumerated powers.

Respondents' local cultivation and consumption of marijuana is not “Commerce . . . among the several States.” U. S. Const., Art. I, §8, cl. 3. By holding that Congress may regulate activity that is neither interstate nor commerce under the Interstate Commerce Clause, the Court abandons any attempt to enforce the Constitution’s limits on federal power. The majority supports this conclusion by invoking, without explanation, the Necessary and Proper Clause. Regulating respondents’ conduct, however, is not “necessary and proper for carrying into Execution.” Congress. restrictions on the interstate drug trade. Art. I, §8, cl. 18. Thus, neither the Commerce Clause nor the Necessary and Proper Clause grants Congress the power to regulate respondents’ conduct.

* * *

More difficult, however, is whether the [Controlled Substances Act] is a valid exercise of Congress. power to enact laws that are “necessary and proper for carrying into Execution” its power to regulate interstate commerce. Art. I, §8, cl. 18. The Necessary and Proper Clause is not a warrant to Congress to enact any law that bears some conceivable connection to the exercise of an enumerated power. Nor is it, however, a command to Congress to enact only laws that are absolutely indispensable to the exercise of an enumerated power. In McCulloch v. Maryland, 4 Wheat. 316 (1819), this Court, speaking through Chief Justice Marshall, set forth a test for determining when an Act of Congress is permissible under the Necessary and Proper Clause:

"Let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the constitution, are constitutional."


* * *


The majority’s rewriting of the Commerce Clause seems to be rooted in the belief that, unless the Commerce Clause covers the entire web of human activity, Congress will be left powerless to regulate the national economy effectively. The interconnectedness of economic activity is not a modern phenomenon unfamiliar to the Framers. Moreover, the Framers understood what the majority does not appear to fully appreciate: There is a danger to concentrating too much, as well as too little, power in the Federal Government. This Court has carefully avoided stripping Congress of its ability to regulate interstate commerce, but it has casually allowed the Federal Government to strip States of their ability to regulate intrastate commerce--not to mention a host of local activities, like mere drug possession, that are not commercial.

One searches the Court’s opinion in vain for any hint of what aspect of American life is reserved to the States. Yet this Court knows that “‘[t]he Constitution created a Federal Government of limited powers.’” That is why today’s decision will add no measure of stability to our Commerce Clause jurisprudence: This Court is willing neither to enforce limits on federal power, nor to declare the Tenth Amendment a dead letter. If stability is possible, it is only by discarding the stand-alone substantial effects test and revisiting our definition of “Commerce among the several States.” Congress may regulate interstate commerce--not things that affect it, even when summed together, unless truly “necessary and proper” to regulating interstate commerce.

* * *

Finally, the majority’s view--that because some of the CSA’s applications are constitutional, they must all be constitutional--undermines its reliance on the substantial effects test. The intrastate conduct swept within a general regulatory scheme may or may not have a substantial effect on the relevant interstate market. “[O]ne always can draw the circle broadly enough to cover an activity that, when taken in isolation, would not have substantial effects on commerce.” The breadth of legislation that Congress enacts says nothing about whether the intrastate activity substantially affects interstate commerce, let alone whether it is necessary to the scheme. Because medical marijuana users in California and elsewhere are not placing substantial amounts of cannabis into the stream of interstate commerce, Congress may not regulate them under the substantial effects test, no matter how broadly it drafts the CSA.

* * *

The majority prevents States like California from devising drug policies that they have concluded provide much-needed respite to the seriously ill. It does so without any serious inquiry into the necessity for federal regulation or the propriety of “displac[ing] state regulation in areas of traditional state concern.” The majority’s rush to embrace federal power ‘is especially unfortunate given the importance of showing respect for the sovereign States that comprise our Federal Union.” Our federalist system, properly understood, allows California and a growing number of other States to decide for themselves how to safeguard the health and welfare of their citizens. I would affirm the judgment of the Court of Appeals. I respectfully dissent.

If we are ever going to return to a government of limited and enumerated powers, we need more men (and women) like Clarence Thomas leading that government.

Sunday, June 05, 2005

Ronald Reagan: 1911-2004

Today, June 5, is the first anniversary of the death of President Ronald Reagan.

His passing came on the eve of the sixtieth anniversary of the D-Day invasion and the twentieth anniversary of his own Pointe du Hoc speech commemorating that event.

Ronald Reagan A Time for Choosing speeches GoldwaterWhenever I am asked for the best place to find a summary of Ronald Reagan's political philosophy, I point them to "A Time for Choosing," a speech he delivered on behalf of presidential candidate Barry Goldwater on October 27, 1964. So important was this speech to Reagan and the conservative movement that it became known simply as "The Speech."

"The Speech" can be found in many places on the web, including through the Ronald Reagan Presidential Library and the Modern History Sourcebook. I prefer the version found at the American Rhetoric web site, because it includes the text as well as both audio and video versions of The Speech. The text is also available in several books, including Time for Choosing: The Speeches of Ronald Reagan 1961-1982 and an audio recording is included on Speaking My Mind: Selected Speeches With Personal Reflections.

It is remarkable how "The Speech" has remained timely for more than 40 years. There are, of course, references to contemporary events and personalities and issues in it, some that require annotation to understand. Still, aside from those few instances, The Speech could be delivered today with few changes.

Consider, for instance, this passage, in light of the current debate over Social Security reform:

Now -- we're for a provision that destitution should not follow unemployment by reason of old age, and to that end we've accepted Social Security as a step toward meeting the problem.

But we're against those entrusted with this program when they practice deception regarding its fiscal shortcomings, when they charge that any criticism of the program means that we want to end payments to those people who depend on them for a livelihood. They've called it "insurance" to us in a hundred million pieces of literature. But then they appeared before the Supreme Court and they testified it was a welfare program. They only use the term "insurance" to sell it to the people. And they said Social Security dues are a tax for the general use of the government, and the government has used that tax. There is no fund, because Robert Byers, the actuarial head, appeared before a congressional committee and admitted that Social Security as of this moment is 298 billion dollars in the hole. But he said there should be no cause for worry because as long as they have the power to tax, they could always take away from the people whatever they needed to bail them out of trouble. And they're doing just that.

A young man, 21 years of age, working at an average salary -- his Social Security contribution would, in the open market, buy him an insurance policy that would guarantee 220 dollars a month at age 65. The government promises 127. He could live it up until he's 31 and then take out a policy that would pay more than Social Security. Now are we so lacking in business sense that we can't put this program on a sound basis, so that people who do require those payments will find they can get them when they're due -- that the cupboard isn't bare?

Barry Goldwater thinks we can.

At the same time, can't we introduce voluntary features that would permit a citizen who can do better on his own to be excused upon presentation of evidence that he had made provision for the non-earning years? Should we not allow a widow with children to work, and not lose the benefits supposedly paid for by her deceased husband? Shouldn't you and I be allowed to declare who our beneficiaries will be under this program, which we cannot do? I think we're for telling our senior citizens that no one in this country should be denied medical care because of a lack of funds. But I think we're against forcing all citizens, regardless of need, into a compulsory government program, especially when we have such examples, as was announced last week, when France admitted that their Medicare program is now bankrupt. They've come to the end of the road.

In addition, was Barry Goldwater so irresponsible when he suggested that our government give up its program of deliberate, planned inflation, so that when you do get your Social Security pension, a dollar will buy a dollar's worth, and not 45 cents worth?
How prescient! Imagine how much better off we would be, as individuals, as families, as a society, if Social Security had been transformed in the 1960s rather than 50 years later. Ronald Reagan and Barry Goldwater knew then what had to be done. Reagan, of course, also knew what obstacles he and smart people like him faced. In "A Time for Choosing" he delivered these well-known lines:
No government ever voluntarily reduces itself in size. So governments' programs, once launched, never disappear.

Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth.
The Goldwater campaign mobilized and inspired a generation of political activists. Despite Goldwater's defeat at the polls in November 1964, his partisans went on to launch both the modern conservative and modern libertarian movements. (For in-depth chronicles of these branches of the Goldwater legacy, I recommend The Other Side of the Sixties by John Andrew and Bringing the Market Back in: The Political Revitalization of Market Liberalism by John L. Kelley.)

Reagan himself recognized the inexorable linkage between the libertarian and conservative philosophies (and their respective political manifestations). In an interview with Reason magazine in July 1975, Reagan said:
If you analyze it I believe the very heart and soul of conservatism is libertarianism. I think conservatism is really a misnomer just as liberalism is a misnomer for the liberals–if we were back in the days of the Revolution, so-called conservatives today would be the Liberals and the liberals would be the Tories. The basis of conservatism is a desire for less government interference or less centralized authority or more individual freedom and this is a pretty general description also of what libertarianism is.

Now, I can’t say that I will agree with all the things that the present group who call themselves Libertarians in the sense of a party say, because I think that like in any political movement there are shades, and there are libertarians who are almost over at the point of wanting no government at all or anarchy. I believe there are legitimate government functions. There is a legitimate need in an orderly society for some government to maintain freedom or we will have tyranny by individuals. The strongest man on the block will run the neighborhood. We have government to insure that we don’t each one of us have to carry a club to defend ourselves. But again, I stand on my statement that I think that libertarianism and conservatism are travelling the same path.

* * *

I don’t believe in a government that protects us from ourselves. I have illustrated this many times by saying that I would recognize the right of government to say that someone who rode a motorcycle had to protect the public from himself by making certain provisions about his equipment and the motorcycle–the same as we do with an automobile. I disagree completely when government says that because of the number of head injuries from accidents with motorcycles that he should be forced to wear a helmet. I happen to think he’s stupid if he rides a motorcycle without a helmet, but that’s one of our sacred rights–to be stupid.

But to show you how these grey areas can creep in, the other day I was saying this to a man who happens to be a neurosurgeon, and who has treated many cases of this particular kind of injury and accident, and he disagreed with me on this issue. He disagreed with me on the basis of the individuals who become public charges as a result of permanent damage–he has pointed to an area where it does go over into not just hurting the individuals directly involved but now imposes on others also. I only use this extreme example to show that when we come down to government and what it should or should not do for the good of the people and for protecting us from each other, you do come into some grey areas and I think here there will be disagreements between conservatives and libertarians.

So, I think the government has legitimate functions. But I also think our greatest threat today comes from government’s involvement in things that are not government’s proper province. And in those things government has a magnificent record of failure.

Reagan's greatest accomplishment as a statesman -- setting aside, for the moment, his role in the defeat of Communism and the end of the Cold War -- was the way in which he changed the terms of debate. He entered the presidency at a time in which liberal thinking (in the American sense of left-wing statist liberalism) was received wisdom and conservatives were known as "the stupid party." Twenty-five years later, the liberals are bereft of ideas. The best they can do is perform a holding action as they are besieged by dynamic, progressive ideas from the right (both libertarians and conservatives). They defend the status quo the way William Jennings Bryan defended fundamentalist ideas of Creation against Clarence Darrow's modern science in the Scopes trial. Troglodytes may have stirring rhetoric, but in the end, it proves to be intellectually hollow.

Ronald Reagan proved to us that the troglodytes need not be victorious.

The legacy of Ronald Reagan is one that will define 21st century politics. His vision lives on despite the fact that his current successor in the White House pays little more than lip service to that vision. The ideas of Ronald Reagan will survive the Bush administration and will flourish.

Saturday, June 04, 2005

Ken Plum Running Scared in Reston?

Delegate Kenneth Plum, a Democrat who represents the Reston-area 36th District, seems strangely afraid of his Libertarian opponent, political newcomer Donny Ferguson. (There is no declared Republican running against incumbent Plum.)

In a recent letter to the editor, Plum, who was first elected in 1981 and therefore should know better, violated the number one rule of political campaigns: Do not promote your opponent, his party, or his views.

Generally, this rule is interpreted to mean "don't use your opponent's name in a speech or in print unless absolutely necessary." It goes without saying that you wouldn't send out information about your opponent or his positions in a direct-mail piece, and you certainly don't provide voters with a means to give your opponent money or volunteer time.

Yet in a letter to The Observer, a Fairfax/Loudoun newspaper, Plum actually gives readers the addresses of Ferguson's web sites:


I too encourage you to visit my opponent's websites, www.DonnyFerguson.com and http://DonnyFerguson.blogspot.com. He is offering to lead our community; we need to understand behind his no tax rhetoric just what he stands for.
Now, it may be that Plum simply thinks that libertarian ideas are too weird for Northern Virginia voters to stomach. Considering the number of government workers and employees of government contractors who live in the area and feed off the taxpayer's teat, he's probably right: They won't want to hear about shrinking the size and scope of government and giving more responsibility and autonomy to individual citizens.

But there are going to be readers, even in Reston, who will go to Ferguson's web sites and find his ideas intriguing, attractive, refreshing, or persuasive. There will be some who will vote for Ferguson on November 8 and others who will give Ferguson money or volunteer their time and energy for his campaign. And none of them would have learned about Ferguson or about how to contact his campaign except for Plum's drawing them a map to the buried treasure.

Whatever Donny Ferguson is doing to goad Plum into ill-considered reactions like this, he must continue doing it. And he needs to teach other pro-citizen, anti-government candidates his secret recipe.

It's so nice to see an incumbent politician squirming at the prospect of a Libertarian challenger.

Friday, June 03, 2005

Milton Friedman: End Marijuana Prohibition

More than 500 economists from colleges and universities across the United States have signed on to a report calling for the end of marijuana prohibition, and Nobel laureate Milton Friedman, still active at 92 years of age, has put his name at the top of the list.

The report, called "The Budgetary Implications of Marijuana Prohibition," is written by Harvard University economist Jeffrey Miron. In an accompanying "open letter" addressed to President George W. Bush, members of Congress, governors, and state legislators, the 500+ economists state:

We, the undersigned, call your attention to the attached report by Professor Jeffrey A. Miron, The Budgetary Implications of Marijuana Prohibition. The report shows that marijuana legalization -- replacing prohibition with a system of taxation and regulation -- would save $7.7 billion per year in state and federal expenditures on prohibition enforcement and produce tax revenues of at least $2.4 billion annually if marijuana were taxed like most consumer goods. If, however, marijuana were taxed similarly to alcohol or tobacco, it might generate as much as $6.2 billion annually.

The fact that marijuana prohibition has these budgetary impacts does not by itself mean prohibition is bad policy. Existing evidence, however, suggests prohibition has minimal benefits and may itself cause substantial harm.

We therefore urge the country to commence an open and honest debate about marijuana prohibition. We believe such a debate will favor a regime in which marijuana is legal but taxed and regulated like other goods. At a minimum, this debate will force advocates of current policy to show that prohibition has benefits sufficient to justify the cost to taxpayers, foregone tax revenues, and numerous ancillary consequences that result from marijuana prohibition.
The economists signing the letter include, in addition to Friedman (author of Capitalism and Freedom and Free to Choose [with his wife, Rose]), syndicated columnist Walter Williams, who teaches at George Mason University; Howard Baetjer of Towson University; Emily Blanchard of the University of Virginia; John Cuddington and Mark Huggett of Georgetown University; Robin Hanson, Daniel Klein, Joseph Reid, Alex Tabarrok, and Gordon Tullock of George Mason University; Oliver Hart and David Hemenway of Harvard University; John Mullen of SUNY-Potsdam; Ivan Pongracic of Hillsdale College; Ken Schoolland of Hawaii Pacific University; Mohammed Shaaf of the University of Central Oklahoma; Xuejuan Su of the University of Alabama; and Joseph Zoric of the Franciscan University of Steubenville.

"There is no logical basis for the prohibition of marijuana," Friedman told Forbes.com correspondent Quentin Hardy, adding:
"$7.7 billion is a lot of money, but that is one of the lesser evils. Our failure to successfully enforce these laws is responsible for the deaths of thousands of people in Colombia. I haven't even included the harm to young people. It's absolutely disgraceful to think of picking up a 22-year-old for smoking pot. More disgraceful is the denial of marijuana for medical purposes."
Hardy goes on to report that
Friedman's advocacy on the issue is limited--the nonagenarian prefers to write these days on the need for school choice, calling U.S. literacy levels "absolutely criminal...only sustained because of the power of the teachers' unions." Yet his thinking on legalizing drugs extends well past any MPP debate or the kind of liberalization favored by most advocates.

"I've long been in favor of legalizing all drugs," he says, but not because of the standard libertarian arguments for unrestricted personal freedom. "Look at the factual consequences: The harm done and the corruption created by these laws...the costs are one of the lesser evils."

Not that a man of his years expects reason to triumph. Any added revenues from taxing legal marijuana would almost certainly be more than spent, by this or any other Congress.

"Deficits are the only thing that keeps this Congress from spending more" says Friedman. "Republicans are no different from Democrats. Spending is the easiest way to buy votes."
The "MPP" referred to by Hardy is the Marijuana Policy Project, which sponsored the Miron report and gathered the signatures of hundreds of economists to support its findings.

It was probably not so hard for MPP to gather those signatures. Economists, who understand how government interference with the free market in any good or service will create unintended consequences, have also long understood the economics of prohibition.

In fact, there is a book by that title -- The Economics of Prohibition -- by Mark Thornton. In its introduction, he writes:
At the core of this book ... is an economic theory of prohibition, which defines prohibition as a government decree against the exchange of a good or service. Recent studies of decrees against cocaine, heroin, and marijuana suggest that these prohibitions impose heavy costs and are extremely difficult to enforce. Beyond such costs and enforcement difficulties, however, I argue that effective prohibition is impossible to achieve, because the unintended consequences of prohibition itself preclude any benefits.

The only long-term solution to the problems engendered by the "misuse" of a product, I maintain, is legalization of that product. With legalization, as opposed to decriminalization and other forms of government interventionism, the government treats the misused product or service as if it were soybeans, computer chips, or pencils. The market is controlled by self-interest and normal legal constraints, such as product liability law.
After a brief summary of the history of prohibition movements in the United States (which he enlarges later in the book), Thornton, who at the time of publication (1992) was an assistant professor in the department of economics at Auburn University, notes that:
History also supports the finding that prohibition is impossible to achieve in the economic sense. Legislatures do enact prohibitions and establish penalties and enforcement bureaus. The actions of these bureaus to enforce prohibition decrees have an effect, and when a prohibition survives long enough to be enforced it is successful in a political sense. I argue, however, that prohibitions have no socially desirable effect. [emphasis in original]
Thornton is careful to distinguish prohibitions of goods and services from prohibitions of rights-violating crimes, such as rape or murder. He goes on to explain precisely how this distinction should be addressed:
Of course prohibition should not be evaluated against a higher standard than other laws. Murder is against the law, but not all murderers are apprehended, convicted, and punished. Likewise, to expect complete or perfect prohibition is unrealistic. Rather, prohibition will be measured against its public-spirited intentions, that is, to reduce consumption of a good in order indirectly to reduce social ills (such as crime, destruction of free will, drug-related deaths) and to promote social goals (family life, democracy, health, and economic development).

To the extent that prohibitions result in increased prices, they produce increased crime and political corruption. Higher prices for a prohibited product also result in the substitution of related products and the innovation of more dangerous substitutes. Prohibited products tend to be more dangerous than legal substitutes[,] in many respects[ ] the result of prohibition, not [of] the product itself. Therefore, to assume that more severe penalties or increased enforcement will result in the substitution of legal for prohibited products is to make an invalid conclusion. Prohibitions on drugs cause potency to increase. Therefore, the assumption that higher prices achieve the goals of prohibition is unfounded. Given all such considerations, the case for prohibition remains unfounded even if the indirect connection between the consumption of certain products and social ills does exist.
At this point, Thornton puts his larger argument in the context of classical and Austrian economics, and notes how prohibition is a symptom of "rent-seeking," which is a key feature of understanding what we know as the public choice school of economics.
The attempt to understand all human action (as opposed to just commercial activity) as rational represents a revolution in thought. Applied to policy decisions, this revolution is called public-choice economics, and from this perspective it is unacceptable to present prohibition as an ignorant, irrational, or impossible social policy.

Economists now suspect that any net losses to society produced by government policies are the result of rent seeking rather than ignorance or irrationality on the part of policymakers. Rent seeking is a search for privilege and personal gain through the political process. Rent seeking is distinguished from corruption in that rent seeking is legal and corruption is not.

History reveals that prohibitions are indeed classic examples of the co-opting of public -spirited intentions by rent seekers within the political process, thereby explaining the existence of what at first to be irrational policies.
Thornton ends his introductory remarks with what he calls a warning:
The markets in which prohibition has been deployed, such as gambling, intoxicants, and prostitution, have existed for a long time and will continue long after I and my book turn to dust. Prostitution is the world's oldest profession; people have been using intoxicants for as long as history can record; and men and women are risk-taking, fun-loving creatures. Most human beings live for leisure, not for labor. Labor is merely a means to an end.

No matter how deplorable the above activities appear to some, they are "leisure" to others. The only consistently successful method for raising the standards of leisure to higher levels is to allow economic development to take place. Individuals who use certain products or activities to self-destruct have problems far worse than the visible ones. Prohibition of these goods or services will have little impact in such cases.

It is also important to recognize that the problems in these markets (disease, fraud, broken families, and so on) are not the result of a lack of government involvement. Indeed, these markets have been historically characterized by extensive government involvement prior to the enactment of prohibition.
It is a sad fact of contemporary politics that the views of these experts -- more than 500 economists, led by a Nobel prize winner and, no doubt, including future Nobel laureates in their midst -- will be mostly ignored by elected and appointed government officials. After all, Thornton's 1992 book, The Economics of Prohibition, did not result in the scales falling from their eyes and an end to drug prohibition. We still live with its ill winds 13 years later.

Unbending and unlistening officials like Drug Czar John Walters, for instance, will refuse even to read the Miron report. Walters -- the closest thing America has to Chancellor Palpatine -- recently expressed support for more invasive, intrusive measures to accustom young people to a world in which their human rights are routinely violated. In a guest column for The State (Columbia, S.C.) on May 25, Walters wrote:
Nationally, we are now providing funding for the increasing number of public schools that have chosen to implement random student drug testing to detect and deter use among students. Random student drug testing by law must not be punitive, and the results are confidential. School-based testing programs give young people a reprieve from the forces of negative peer pressure and arm them with an excuse to say “no” to drugs.
As long as wise and courageous men and women like Milton Friedman continue to speak out, and as long as organizations like the Marijuana Policy Project continue to insist on truth-seeking, and as long as individual citizens like you and I remain vigilant, Walters and his ilk will not be able to command a monopoly on information and will not be able to fit their yokes on the American people.

Thursday, June 02, 2005

Collins Favors Minority Youth Unemployment

As a guest on "Charlottesville Live" this morning on WINA-AM, Rich Collins, a candidate for the Democratic nomination to succeed Mitch Van Yahres in the 57th District seat in the Virginia House of Delegates, said that he favors "doubling" the current minimum wage in this state from $5.15 per hour to more than $10 per hour. He defined this new minimum wage as a "living wage" necessary to pay for "food, education, and housing."

Apparently Mr. Collins wants to prevent poor black kids from getting their first jobs, since that would be both the immediate and long-term result of his proposal.

It is hard to find an economist who disagrees that when the government raises the minimum wage, some jobs are lost. In the 1930s, when the first minimum wage law took effect (in this case, among forestry workers in the Carolinas), over 3,000 workers immediately lost their jobs. The historical experience has been the same ever since. Every time the minimum wage rises, thousands of Americans either lose their jobs entirely or see their hours cut back, their fringe benefits cancelled, or -- in the most dire situations -- their businesses closed.

This adverse effect of the minimum wage has its most palpable, lasting effect among young black men in the nation's inner cities. The problem is not so much the workers who are fired, but those who are not hired in the first place. The bottom line is: Businesses faced with an artifical rise in costs will cut back in whatever way they see fit. Since in this case labor costs are artificially increased, labor is the logical thing to cut. As a result, businesses decide not to hire that high school student saving money for college. They choose not to hire the young man trying to emerge from the drug culture. They don't hire the teenage mother who wants to make a life for herself and her child.

Who suffers? Not the labor union members whose leaders are the most vociferous proponents of a higher minimum wage. Those who suffer are the young people who need that vital first job if they are ever going to advance in business and in their communities. These are the people who will not learn basic skills, will not acquire important work habits, will not make the connections with employers and co-workers that we all need for success.

The fact is, fewer than 3 percent of minimum-wage workers are the sole or primary wage-earner in a family. The fact is, 60 percent of minimum-wage workers earn more than the minimum after nine months on the job. The fact is, as the New York Times put it in an oft-quoted 1987 editorial, the best minimum wage is "$0.00."

Lest anyone doubt that the Old Gray Lady actually said that, here's an excerpt from a speech on the floor of the U.S. Representatives by California Congressman Christopher Cox, named today by President Bush to be the new head of the Securities and Exchange Commission (SEC). This appeared in the Congressional Record on April 23, 1996 (page H3703):

Let me read from that editorial in the New York Times which was titled, 'The Right Minimum Wage: $0.00.'

'Anyone working in America,' the New York Times says, 'surely deserves a better living standard than can be managed on the minimum wage.'

I think we can all agree with that.

But there is a virtual consensus among economists that the minimum wage is an idea whose time has passed. Raising the minimum wage by a substantial amount would price poor working people out of the job market, people like Joanna Menser, whose remarks we just heard.

'An increase in the minimum wage,' the New York Times wrote in their editorial, 'would increase unemployment.'

Let me repeat this line from the New York Times editorial: 'An increase in the minimum wage would increase unemployment, raise the legal minimum price of labor above the productivity of the least skilled worker, and fewer will be hired.'

'If a higher minimum wage means fewer jobs, why does it remain on the agenda of some liberals,' the New York Times asked.

'Those at greatest risk from a higher minimum wage would be young poor workers who already face formidable barriers to getting and keeping jobs.'

They conclude their editorial in the New York Times as follows:

'The idea of using a minimum wage to overcome poverty is old, honorable, and fundamentally flawed.'

Living wage? Like any minimum wage, it's simply a recipe for unemployment at the lowest rungs of the economic ladder. It's good intentions gone awry with disastrous consequences. It may be summertime, but the "living" ain't easy.


Wednesday, June 01, 2005

Petersen's Peculiar Proposal

News item from the invisible campaign (the one for both parties' nomination for Virginia's lieutenant governor), as reported in the Daily Press of Newport News:

Since nobody seeks out the lieutenant governor, Democrat Chap Petersen proposes moving the office out of Capitol Square and into six regional offices if he's elected to the largely ceremonial office. . . .

Petersen said he would shutter the lieutenant governor's permanent office in the office building just south of Capitol Square and open regional storefront operations in Hampton Roads, central Virginia, northern Virginia, Southside and southwest Virginia and the Shenandoah Valley.
Considering that the lieutenant governor has no responsibilities other than presiding over the state Senate on ceremonial occasions or when there is the possibility that a tie-breaking vote is needed, and waiting for the governor to leave office unexpectedly, what is the purpose of increasing access to his office by opening up satellite units around the state?

The Washington Post reveals this:
The lieutenant governor's budget is a relative paltry $312,000...
Paltry? Almost a third of a million dollars taken from the earnings of taxpayers paltry? For an elective office with virtually no responsibilities outside the months of January and February?

The question we should be asking is not, Does Chap Petersen have a good idea?, but: How can we reduce the lieutenant governor's budget by a half or more?

If the duty-less lieutenant governor can't afford to run his office on $100,000 or less, maybe we should consider eliminating the constitutional requirement that we elect a lieutenant governor itself. After all, when was the last time a governor left office before his term was up?

Since nearly all state attorneys general run for governor anyway, we might as well make the AG the constitutional successor as well as political heir-apparent. We'll save some money and get rid of an essentially useless office.

2007 Shakespeare Festival in D.C. Area

Last week, I was invited to attend a news conference to take place this morning at the Folger Shakespeare Library in Washington, D.C. The invitation was rather mysterious -- it did not indicate the purpose of the press conference. I was unable to attend, but a few minutes ago, I received a news release via email from the Kennedy Center. It announced a joint effort of several arts organizations to produce a six-month Shakespeare festival in the Washington area, beginning in January 2007. Here's the content of the news release:

WASHINGTON, D.C.— Today, at a news conference at the Folger Shakespeare Library, Dr. Gail Kern Paster, Director of the Folger Shakespeare Library, Michael Kahn, Artistic Director of the Shakespeare Theatre, and, Michael M. Kaiser, President of the Kennedy Center, announced a citywide celebration of the Bard. Shakespeare in Washington, a six-month long festival running from January-June 2007, conceived by Kaiser and curated by Kahn, is a national event, an international celebration, a feast of theater, music and dance, as well as a joyful coming together of arts, artists and audience all for a single purpose: to celebrate William Shakespeare, a man of inexhaustible talent.

In introducing the festival, Paster said, “The Folger Library began as a gift to the American people. In 2007, as we celebrate our 75th anniversary, Shakespeare will again provide the nation with a worthy gift through this landmark festival. We are thankful to Michael Kaiser for his vision in creating this event and to Michael Kahn and all of you here on the stage who will so graciously bring it to life.”

“This celebration will give us a chance not only to visit the work of the city’s and the world’s most-performed playwright in a cultural context, but also to experience the continuing dialogue between Shakespeare and the other arts,” Kahn said. “I hope that this celebration will create an important conversation between the great works of the past and our turbulent present, and between the differing forms of expression that genius inspires.”

“Washington, D.C. is a city rich in cultural institutions and with educated, enthusiastic audiences,” said Kaiser. “It is most appropriate for this international city to celebrate an artist whose vision has been refracted through all artistic disciplines across the world. We are grateful to Michael Kahn for taking on the artistic directorship of this extraordinary celebration.”

“Thanks to the hard work of people like Michael Kaiser and Michael Kahn and Gail Paster, our city has become rich in cultural institutions and events that serve to entertain and enrich not just our residents but the millions of visitors to our city,” said Mayor Anthony A. Williams. “The Shakespeare in Washington festival will be a truly landmark event, and I thank everyone involved for their contributions to what will surely be a wonderful celebration of a great man.”

Shakespeare in Washington programming highlights:

· The Shakespeare Theatre will present productions of Richard III, directed by Michael Kahn and featuring Geraint Wyn Davies in the title role, and Cymbeline, its first production of the romance in its 20-year history.

· Folger Shakespeare Library will celebrate “Shakespeare in American Life,” commemorating its 75th anniversary as the home to the world’s largest Shakespeare collection. Planned programs and performances include: a major exhibition under the same title; a musical production of Lone Star Love or The Merry Wives of Windsor, Texas by Folger Theatre; a four-concert series of music inspired by Shakespeare and his times by the Folger Consort; a three-lecture series, Words on Will, bringing luminaries from the worlds of culture, arts, letters and enterprise to discuss Shakespeare’s influence on their lives and careers; and a wide array of outreach programs from Folger Education for Washington schools and area families.

· Washington National Opera will present Giuseppe Verdi’s great early opera Macbeth at the Kennedy Center Opera House from May 12 through June 1, 2007. General Director Plácido Domingo has cast two exceptional singer/actors in the roles of Macbeth and Lady Macbeth, acclaimed Georgian baritone Lado Ataneli and leading Italian soprano Paoletta Marrocu, with Maestro Renato Palumbo conducting and Paolo Miccichè designing and directing the new production.

· The Washington Ballet will present its highly acclaimed 7x7 series, introduced in 2004—seven world premieres, each seven minutes long, by seven innovative choreographers. The 2007 presentation of 7x7: Shakespeare will take place at the Kennedy Center Terrace Theater, where this visionary commissioning project will turn its attention to the wealth of inspiration in the works of the Bard himself. Each of the seven works presented will explore in abstraction the ideas found in Shakespeare’s diverse masterpieces.

· The National Museum of American History will co-present the Smithsonian’s Jazz Masterworks Orchestra (SJMO) in a Michael Kahn-directed production of Duke Ellington’s Such Sweet Thunder (also known as the Shakespearean Suite) with the Kennedy Center. As the keeper of our nation’s treasures, the museum has a variety of artifacts and activities that convey the presence of Shakespeare’s legacy in American life. During the festival, the museum will showcase its collections and produce public programs that will explore the connections between Shakespeare and American history, including lectures about the connections between the Bard and the American musical theater and Duke Ellington and Shakespeare.

· AFI Silver Theatre and Cultural Center will present screenings of the most accomplished screen adaptations of the Bard’s plays—from Romeo and Juliet to King Lear and Macbeth—by some of the world’s most distinguished screenwriters and directors.

· National Building Museum will commission teams of architects, artists, set designers, theater professionals and lighting designers to re-imagine and design sets for Shakespeare plays. The teams’ efforts will be shown in an exhibition, tentatively titled Reinventing the Globe: Shakespeare for the 21st Century, to include drawings, models and computer renderings. The Museum intends to construct one or two sets on which Shakespeare plays will be presented, providing a complete thread from process to product to performance.

· Signature Theatre will present a special cabaret featuring songs from the American musical theater based on Shakespeare’s works in April 2007. Musical selections from West Side Story to The Boys from Syracuse to Two Gentleman of Verona will bring the musical theater’s interpretation of the Bard to life and will feature Washington’s best performers.

· The John F. Kennedy Center for the Performing Arts will present several of the world’s best in ballet, theater and opera:
o The Kirov Ballet of the Mariinsky Theatre will stage the 1940 Leonid Lavrovsky production of Romeo and Juliet. Set to the familiar music of Sergei Prokofiev, the ballet has a libretto by Leonid Lavrovsky, Sergei Prokofiev, Sergei Radlov and Adrian Piotrovsky, based on the tragedy by William Shakespeare.
o The Kirov Opera of the Mariinsky Theatre will stage Verdi’s opera, Falstaff.
o The Royal Shakespeare Company will present a work in the final year of its five-year residency.


The festival will include performances, exhibits, presentations and educational programming by the following organizations:
· American Film Institute
· Corcoran Gallery of Art
· Folger Shakespeare Library and Theatre
· The John F. Kennedy Center for the Performing Arts
· Kirov Ballet and Opera
· Library of Congress
· Master Chorale of Washington
· National Building Museum
· National Portrait Gallery
· National Museum of American History
· National Symphony Orchestra
· Royal Shakespeare Company
· Shakespeare Guild
· Shakespeare Theatre
· Signature Theatre
· Smithsonian Jazz Masterworks Orchestra
· Vocal Arts Society
· Washington Ballet
· The Washington Chorus
· Washington Concert Opera
· Washington National Opera
· Washington Performing Arts Society


For more information on Shakespeare in Washington, please visit www.kennedy-center.org/shakespeare/


It's clear we have something exciting to look forward to in the early months of 2007.

Tuesday, May 31, 2005

Misplaced Drunk Driving Priorities

Today's Washington Times carried a lucid op-ed piece by John Doyle, executive director of the American Beverage Institute, pointing out how some law enforcement efforts to combat drunk driving are misdirected and therefore ineffective. These are feel-good rather than substantive measures.

Oddly, the article does not appear on the Times' web site, but I tracked it down at the Union Leader in Manchester, New Hampshire, where it appeared May 7. (Both newspapers indicate that the article first appeared in the Providence Journal-Bulletin in Rhode Island.)

Doyle begins with a scenario that reflects reality for a lot of Americans:

WITH SPRING blooming, you decided to treat that “special someone” to a romantic dinner at your favorite restaurant. The evening had started off well enough. A fine meal. The perfect companion. A bottle of wine. The two of you hadn’t driven far from the restaurant when you saw it: a police roadblock.

No problem, you thought. All you did was split a bottle of wine over a long meal. Since you weigh 180 pounds, your blood-alcohol concentration (BAC) is .03 percent at the most. And the legal arrest threshold is .08 percent — more than twice yours.

Unfortunately for you, police have begun arresting people with a BAC at just a fraction of the legal limit. One Florida man recently ended up in jail for driving with a BAC of .02 percent — the equivalent of about one drink. The grandson of a former Supreme Court justice, who’d had a little wine with dinner, was arrested in Washington with a BAC of .03 percent. And just a few months ago, a Florida man who admitted he drank a few beers hours before spent a night in jail even though his BAC was a flat .00 percent. These are more than just isolated incidents. They are harbingers of a growing trend.
Doyle traces this ludicrous, authoritarian trend to the obvious source:
Politicians looking to make names for themselves are advocating even tougher controls. Lawmakers in three states have gone so far as to call for the installation of breath-testing devices in every single car. If they have their way you won’t make it out of the parking lot until you test yourself; whether or not you drink is irrelevant!
Doyle points out that this trend of targeting the least-dangerous drivers (light and moderate drinkers who are not impaired) has not produced the results that the politicians desire:
In December, Congress ordered an audit of the nation’s drunken-driving programs after noting that we have seen “no discernible progress” over the last six years. That’s the same period during which the noose has tightened around responsible drinkers. In addition to multimillion-dollar “zero-tolerance” advertising campaigns, the legal limit for drinking and driving was lowered from 10 percent to.08 percent BAC.

An honest look at the evidence will lead government auditors to conclude that this approach has failed, and that the real problem has been reduced to what Mothers Against Drunk Driving calls “a hard core of alcoholics.” These people will not be persuaded by PR campaigns, and according to government research they go out of their way to avoid highly publicized roadblocks.

More than ten years ago, I testified before a Virginia State Senate committee on what was then a proposal to reduce the "legal limit" in Virginia from 0.10 percent blood alcohol content (BAC) to 0.08 percent. I was accompanied on that occasion by Candy Lightner, the founder of Mothers Against Drunk Driving (MADD), whose sensible opinions on how best to combat drunk driving had led to her being ostracized by her former comrades-in-arms.

At about that time, I wrote an article that was published in several newspapers. An early version of this article appeared in the Northern Virginia Sun in December 1993. The version reprinted here appeared in The Metro Herald in March 1997:

A Wrong-Headed Change in Drunk Driving Definition
Richard E. Sincere, Jr.

Abraham Lincoln was fond of asking his listeners, "If you call a dog's tail a leg, how many legs does he have?" Someone would always answer: "Five." "Not so," Lincoln would admonish them. "Just because you call a tail a leg doesn't mean it's a leg. It's a tail just the same."

So it is with members of Congress who seek to be seen as "tough on drunk driving" by changing the legal definition of drunkenness. By using a carrot- and-stick strategy against states that do not do their bidding, Congress would force state governments to do what the Constitution does not authorize the federal government to do: Write and enforce drunk-driving laws.

Under legislation introduced on March 6 by Representative Nina Lowey (D-N.Y) and Senator Frank Lautenberg (D-N.J.), states would have to reduce their legal intoxication limits or lose part of their federal highway construction funds. Lowey and Lautenberg claim at least 500 alcohol-related deaths could be avoided yearly if all 50 states adopted a 0.08 percent limit on the amount of alcohol in a driver's blood. Most states currently have a blood alcohol content (BAC) limit of 0.10 percent.

This misguided approach will have no discernible effect on traffic accidents but instead will waste precious law enforcement resources and give politicians a warm feeling that they have "done something."

Definitions have little to do with actual impairment on the road. According to Dr. William Hotchkiss, former president of the American Medical Association, 83% to 97% of people tested were considered physically impaired at BAC levels of 0.10 to 0.15. In the same study, up to 86% of persons at a BAC of .05-.10 are not physically impaired. This is why a 0.10 BAC has become an accepted standard.

An unexpected opponent of the 0.08 BAC is Candy Lightner, the founder of Mothers Against Drunk Driving (MADD). She says: "Half of the drinking drivers involved in fatal crashes have a BAC of 0.17 or greater. Even among young people aged 16 to 24, the great majority of deaths involve drinkers with a BAC of at least 0.15 percent. Lowering the blood alcohol content won't make a difference to these offenders."

Minnesota Judge Dennis Challeen, who over the past 30 years has sentenced hundreds of people for DWI violations, agrees with Lightner. "Most drunk driver fatalities," he notes, "have BAC levels close to 0.20, twice the legal limit. If lawmakers reduce the limit to 0.08, they are simply catching more of the wrong people, the people who are not the problem."

Judge Challeen further argues that stricter laws will be ineffective because those who do not need to be sanctioned -- law-abiding citizens and responsible drinkers -- are most likely to be "self-correcting," while chronic drunks and scofflaws are least likely to respond to harsher penalties.

The fact is, by changing the definition of drunkenness, we enable the police to arrest more people. That may seem tough, but the effect is clogging the courts with people who are not really the problem, creating conditions whereby truly dangerous people are let off without punishment so that we can make room for the minor offender.

The author of Confronting Drunk Driving, Professor H. Laurence Ross, estimates a potential increase of 60 percent of DWI arrests under the new definition with the possibility of no decrease in fatalities. "Adoption of 0.08 percent BAC has not to date been accompanied by any comparable new investments in police resources," Dr. Ross reports, "thus diluting an already inadequate control system. The effect may well be to reduce the chances of any impaired drivers being arrested."

This proposal will raise costs to taxpayers, waste resources and energy, and cause a bureaucratic and legal morass that will not be balanced by better highway safety.

MADD's Candy Lightner makes the point best when she says: "Rather than put our limited resources into laws that fail to address the real problem, we need better enforcement of existing laws and proven policies that have demonstrated a significant impact." She adds: "If we really want to save lives, let's go after the most dangerous drivers on the road. Putting our trust in new laws and regulations that only address the tip of the iceberg will not make our highways safer."

I agree. Our focus should continue to be on education -- the fact that alcohol-related highway deaths are down from nearly 25,000 in 1982 to 23,000 in 1988 to about 17,000 in 1993 is evidence that social disapproval and education are working -- and on tough enforcement of existing laws. Congress should, therefore, turn back any efforts to change the definition of drunkenness nationwide from a BAC of 0.10 to a BAC of 0.08. All that will do is illegitimately extend the federal web into the proper legal domain of state lawmakers.
A decade on, it's hard to believe that the situation we're dealing with -- irrational, feel-good "solutions" that do little to address the core problem -- has changed so little. It's also hard to disagree with John Doyle's conclusion in his newspaper column:
Our collective failure to adequately deal with alcohol abusers who drive drunk should not be used as an excuse to punish moderate consumption of adult beverages. Responsible adults who share a bottle of wine with their dinner deserve privacy, not persecution.