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On Government Reform: FactCheck: Whistleblower rules never require 1st-hand report

Pres. Trump tweeted a conspiracy theory suggesting the rules for whistleblowing had recently changed in order to accommodate the recent whistleblower complaint against him; specifically, so that someone with secondhand knowledge could now submit these complaints. "WHO CHANGED THE LONG STANDING WHISTLEBLOWER RULES JUST BEFORE SUBMITTAL OF THE FAKE WHISTLEBLOWER REPORT? DRAIN THE SWAMP!" Trump tweeted.

The theory was initially propagated by The Federalist website on Sep. 27. The article claims that in "Aug. 2019, the intelligence community secretly eliminated a requirement that whistleblowers provide direct, first-hand knowledge of alleged wrongdoings."

Facts First: This is false. The whistleblower submission form was revised in Aug. 2019, but the revision did not change the rules on who can submit a whistleblower complaint. The inspector general of the intelligence community said that having firsthand knowledge of the event has never been required in order to submit a whistleblower complaint.

Source: Cato Institute FactCheck on 2020 Twitter post / voting Sep 30, 2019

On Energy & Oil: Carbon tax instead of Green New Deal

The Green New Deal promises to address climate change and inequality by providing universal health care and creating millions of jobs. While reasonable people can disagree on some aspects of these proposals, one fact is uncontroversial: the US cannot afford them.

The Green New Deal would likely cost upwards of $6.6 trillion per year. The federal government should look for cheaper ways to address problems like climate change. Instead of the Green New Deal, the federal government could adopt a revenue-?neutral carbon tax to decrease emissions without exacerbating the fiscal imbalance. Economists from across the political spectrum support carbon taxation as the most cost-?effective way to address climate change. And a carbon tax would be most effective if uniformly adopted by other countries, too.

Source: Cato Institute, "S.Res.59," voting recommendation Feb 24, 2019

On Drugs: Evidence that opioids are not that dangerous, despite hype

One particular kind of restriction does reduce opioid misuse among Medicare beneficiaries: States have implemented Prescription Drug Monitoring Programs (PDMPs), which record a patient's opioid prescribing history. States have recently begun to require providers to access the PDMP: we find that "must access" PDMPs significantly reduce measures of misuse in Medicare Part D.

But there is no statistically significant effect [of must access PDMP's] on a key medical outcome: opioid poisoning incidents. How is this possible?

The simplest explanation is that, despite all the hype, prescription opioids are not that dangerous, even in heavy doses, when used under medical supervision. Instead, most poisonings reflect use of diverted prescription opioids, or black market opioids like heroin, that users obtain when doctors cut them off from prescription opioids. These alternate sources may be adulterated. Under this interpretation, restrictions on opioid prescribing might even increase opioid poisonings.

Source: Cato Institute 2016 voting recommendation on opioid crisis Feb 17, 2017

On Government Reform: Term limits of 6 years in House and 12 years in Senate

The most common reelection rate for House members over the past 30 years is 98 percent. 98% reelection--that's what you expect to see in Russia, not in a democracy.

Americans don't want a permanent ruling class of career politicians. But that's what the power of incumbency and all the perks that incumbents give themselves are giving us. We want a citizen legislature and a citizen Congress--a government of, by, and for the people. To get that, we need term limits. We should limit members to three terms in the House and two terms in the Senate. Let more people serve. Let more people make the laws. And let's get some people who don't want to make Congress a lifelong career.

Some say that term limits would deprive us of the skills of experienced lawmakers. Really? It's the experienced legislators who gave us a $17 trillion national debt, and the endless war in Iraq, a massive government spying with no congressional oversight, and the Wall Street bailout.

Source: Cato Institute 2017 voting recommendation on Term Limits Jan 26, 2017

On War & Peace: Alternative to Iran nuke deal is ever-heightening tensions

Much is unknown about how Donald Trump's foreign policy will play out. If the experience of his predecessors is anything to go by, the Middle East will attract outsize time and resources. When that historically irresistible draw happens, Trump's priority should not be peace between Israel and Palestine or even renewing the fight against ISIS. It should be sustaining and enforcing the Iran nuclear deal.

More than anything else, the Iran nuclear deal must be kept because the alternative is a return to ever-heightening tensions and clamoring by hawks in both countries. From 2003 to 2014, years of unrelenting U.S. sanctions and confrontation, Iran went from 164 centrifuges to 19,000. The hostile approach generates a more expansive, less transparent Iranian nuclear program and increases the chances for another disastrous U.S. war in the Middle East. Let's hope the Trump administration chooses not to go that route.

Source: Cato Institute 2017 voting recommendation on Iranian nukes Jan 25, 2017

On Immigration: Give LEGAL child immigrants DACA benefits too

Deferred Action for Childhood Arrivals (DACA) had a flaw that Congress can correct: it included only those young immigrants who are here illegally, excluding children of immigrants who came to the US legally. It may seem that these immigrants do not need help since they have a legal status, but unfortunately, under America's dysfunctional immigration system, many thousands of young legal immigrants are forced to leave, even though they followed the rules.

The children of H-1B workers suffer the most under this flawed system. Even though they are in a legal status, they are prohibited from working legally in the country that is their home. Worse still, even though they grew up in the United States, they become ineligible for their status once they reach the age of 21 as they are no longer a "minor" child of an H-1B, known as "aging out."

Source: Cato Institute 2015-16 voting recommendation on DREAMers Dec 20, 2016

On Immigration: Congress decides immigration policy, not President Trump

Donald Trump proposed prohibiting all Muslim immigration; then specified "suspending immigration from nations tied to Islamic terror." He said, "People are pouring in from regions of the Middle East," but that he would "stop that dead, cold flat," during his first day in office. However, under current law, it is illegal to discriminate against immigrants based on their national origin.

Even while delegating to the president broad powers to exclude immigrants, Congress expressly forbade banning immigrants based on their race or national origin. Pres. Trump will almost certainly run into legal difficulties if he attempts to carry out his promise.

For almost a decade, Congress debated creating an immigration system free from discrimination by nationality, country of birth, or country of residence. President-elect Trump, however, now proposes to discriminate unlawfully against certain foreign nationals on the basis of the same protected grounds without any legislation from Congress.

Source: Cato Institute 2015-16 voting recommendation on Muslim Ban Dec 8, 2016

On Government Reform: Congress can decide which "emoluments" are acceptable

Potential conflicts arising from foreign patronage of Trump properties are going to come up day after day. Trump points out that the president is exempt from the conflict-of-interest laws that bind Congress, but that doesn't mean he will escape scrutiny from public opinion, including the Emoluments Clause. "Emolument" includes payments for services rendered, even if at arm's-length rates with no overpayment.

The wording of the Emoluments clause points one way to resolution: Congress can give consent, as it did in the early years of the Republic to presents received by Ben Franklin. It can decide what it is willing to live with in the way of Trump conflicts. If it misjudges public opinion, it will pay a political price at the next election.

If it doesn't act, could someone sue to enforce the Emoluments Clause? The Supreme Court could turn the dispute down on the grounds that it's a political question for which the indicated constitutional remedy should be impeachment.

Source: Cato Institute 2016 voting recommendation on Emoluments Nov 29, 2016

On Environment: Minimal GMO labeling advances science & consumers

President Obama quietly signed legislation requiring special labeling for commercial foods containing genetically modified organisms (GMOs)--plants and animals with desirable genetic traits that were directly implanted in a laboratory. Gene modification typically yields plants & animals that take less time to reach maturity, have greater resistance to drought or disease, or have other desirable traits.

Most of the foods that humans & animals have consumed for millennia have been genetically modified. Usually this was done through the unpredictable, haphazard technique of cross-fertilization, a technique whose development marked the dawn of agriculture. Yet the new law targets only the highly precise gene manipulations done in laboratories.

Anti-GMO activists oppose the new law because it preempts more rigorous regulation. And that's exactly what President Obama and Congress intended to do: they have helped consumers and advanced science, to the frustration of the anti-GMO crowd.

Source: Cato Institute 2015-16 voting recommendation on GMOs Aug 1, 2016

On Education: Vouchers break link of low-income and low-quality schools

The SOAR Act would reauthorize the D.C. Opportunity Scholarship Program (OSP). The Obama administration has repeatedly worked to undermine or eliminate the school choice program, even though the OSP has the support of local Democratic politicians such as the D.C. Mayor and a majority of the D.C. City Council. Fortunately for the low-income children attending the schools of their choice through the OSP, the president has signaled that he does not intend to veto the legislation

Low-income students shouldn't be condemned to low-quality schools just because their parents cannot afford a home in a wealthy neighborhood. The D.C. OSP was an important step toward breaking the link between home prices and school quality, so it's encouraging to see that D.C. is not likely to take a step backward. Ideally, though, Congress would take the next step from school choice to educational choice by enacting a universal education savings account program.

Source: Cato Institute 2015-16 voting recommendation on DC Choice Apr 28, 2016

On Drugs: Legalize marijuana banking until we legalize marijuana

Marijuana is now legal under the laws of [several] states, but not under federal law. And this creates huge headaches for marijuana businesses: The best solution is repeal of federal prohibition. This is not on the policy table yet, but as more states legalize marijuana, the pressure on federal policy might just hit the boiling point.
Source: Cato Institute 2015-16 voting recommendation on Drug Reform Mar 31, 2016

On Foreign Policy: Closing Gitmo has become merely symbolic

The plan that President Barack Obama announced to close the Guantanamo Bay prison is really a plea to Congress to stop banning the transfer of detainees to the U.S. for trial or indefinite detention. Unfortunately, the odds of this Congress doing so are tiny. The issue has become symbolic, deafening the congressional majority to arguments for its closure.

The administration argues that closing Gitmo is a "national security imperative" and a resource drain. Both points are overstated. Yes, Gitmo is bad for the nation's image and thus unhelpful to counterterrorism. Still, there is little evidence that the prison, as opposed to U.S. wars, generates terrorism against the U.S. The White House's rough and probably overstated estimates, meanwhile, say that closing the prison would save $335 million over 10 years--that is .00005% of projected Pentagon spending over the decade, leaving aside war costs.

Source: Cato Institute voting recommendation on Guantanamo Bay Feb 23, 2016

On Energy & Oil: Opportunity cost and risk cost of nuclear overwhelm savings

Many free-market advocates support nuclear because it costs less to generate nuclear power than it does to generate electricity from any other source (save, perhaps, hydroelectric power), thanks to nuclear's low operation and maintenance costs. However, someone has to first pay for--and build--these plants and the rub is that nuclear has very high, upfront construction costs ranging from $6-9 billion. By contrast, gas plants cost only a few hundred million dollars to build and coal a couple of billion depending upon the capacity and type of plant.

This raises the opportunity and risk costs of nuclear, making it unattractive to investors. Capital-intensive power facilities take longer to build, which means that investors have to defer returns for longer than if they had invested elsewhere.

But the final nail in the coffin for the industry would be if the federal cap on the liability that nuclear power plant owners face in case of accidents (the Price-Anderson Act) were to be lifted.

Source: Cato Institute 2016 voting recommendation on nuclear energy Jan 28, 2016

On Energy & Oil: Internalizing greenhouse gas cost means $2/ton carbon tax

How do France, India, China, and Russia build cost-effective nuclear power plants? They don't. Government officials in those countries, not private investors, decide what is built. These governments build expensive plants and shove them down the market's throat.

Conservatives project nuclear power as the solution to greenhouse gas emissions. But they should resist that argument. If we slapped a carbon tax on the economy to "internalize" the costs associated with greenhouse gas emissions- the ideal way to address emissions if we find such policies necessary--then the "right" carbon tax would likely be about $2 per ton of emissions. That's not enough to make nuclear energy competitive against coal or natural gas according to calculations performed by the Electric Power Research Institute. In any case, if nuclear offers a cost-effective way to reduce greenhouse gas emissions, it should have to prove it by competing against alternatives in some future carbon-constrained market.

Source: Cato Institute 2016 voting recommendation on nuclear energy Jan 28, 2016

On Homeland Security: Bar the government from indiscriminate bulk surveillance

The privacy community--including Cato scholars--remained divided over the USA Freedom Act, which reauthorized several expiring Patriot Act provisions, but limited bulk data collection.

Some legislators argued that to pass new legislation would only provide the government convenient new legal justification for its spying--which it would interpret broadly. One Cato scholar wrote that it "would effectively represent a repeat of the Protect America Act fiasco of the previous decade--an act of Congress that made legal a previously illegal surveillance program that did exactly nothing to protect the country, while costing billions and subjecting Americans to continued mass surveillance. Real Patriot Act 'reform' should substantively bar the government from indiscriminate bulk surveillance. Anything less risks laying the groundwork for another decade of abuse."

On the opposite side of the argument stood some pro-privacy groups who held that modest reforms were better than no reforms at all

Source: Cato Institute 2015 voting recommendation on USA Freedom Act Oct 1, 2015

On Civil Rights: Balance freedom of association against discrimination

The gay-rights movement is turning from same-sex marriage to the next item on its agenda: outlawing discrimination based on sexual orientation. That is where many libertarians who strongly supported same-sex marriage step back for a more measured approach.

The law here is unsettled, especially as the right to the free exercise of religion is pitted against the right to be free from discrimination. For example: a Christian couple who own a small farm open to the public for seasonal activities were fined $13,000 for declining to host a same-sex wedding.

Freedom of association--the simple idea that people are free to associate, or not, as they wish--certainly isn't what it once was. Under common law, if you represented your business as "open to the public," you had to honor that, with exceptions for unruly customers. These rules left ample room for freedom of association, albeit with serious exceptions like Jim Crow, the deplorable state-sanctioned discrimination enforced by government.

Source: Cato Institute 2015-16 voting recommendation on RFRA Jul 14, 2015

On Crime: Trusting police requires access to police disciplinary files

Fatal police encounters do not happen in a vacuum. How police handle misconduct when other officers cross the line is vital to establishing trust in the community. As the recent #BlackLivesMatter activism demonstrates, there is a perception of a lack of accountability all over America. Establishing accountability at all levels of police interaction with the public is imperative to restore police legitimacy and increase public safety.

Unfortunately, all but a handful of states have considerable restrictions on access to police disciplinary files. In some states, even prosecutors cannot review those files. Federal entities that wish to encourage more open state government could look to states with publicly accessible disciplinary files and develop best practices guidance or model legislation to that effect.

Source: Cato Institute 2015-16 voting recommendation on BLM Apr 20, 2015

On Health Care: Offer credible market-based alternatives to ObamaCare

Opposition to the health-care law is perhaps the one issue that unites all the disparate factions of the Republican party--and for good reason. The law remains extraordinarily unpopular. But, as much as the American people dislike ObamaCare, most are less than enthusiastic about returning to the pre-ObamaCare status quo. It is important, therefore, that Republicans offer their own alternatives for health-care reform.

There are already several such proposals in Congress. But what the Republican candidates for president have to say about the issue will be even more important. In 2010 and 2014, opposition to ObamaCare was a potent weapon in the GOP arsenal. (The party fared less well in 2012, when Mitt Romney was uniquely unsuited to criticize the health-care law.) In 2016, ObamaCare's cost and failures should be a problem for Hillary Clinton. However, this will be a problem for her only if the Republican candidate can offer a credible market-based alternative.

Source: Cato Institute 2015-16 voting recommendation on ObamaCare Apr 1, 2015

On Education: Only 19% finish community college & new jobs don't need it

President Obama proposed that two years of community college be made free to all "responsible" students. But one look at either community college outcomes or labor market outlooks reveals this to be educational folly.

The fact of the matter is that community college completion rates are atrocious: a mere 19.5% of first-time, full-time community college students complete their programs, and that rate has been dropping almost every year since 2000. Meanwhile, the for-profit sector has an almost 63% completion rate at two-year institutions, and that has been rising steadily.

The other huge problem is that the large majority of job categories expected to grow the most in the coming years do not require postsecondary training. [About 70%] of the new jobs will require a high school diploma or less.

Source: Cato Institute 2015 voting recommendation: Community College Jan 9, 2015

On Free Trade: Ex-im bank replaces market risk with bureaucrats' decisions

Washington has been embroiled in whether to reauthorize the charter of the Export-Import Bank, a government-run export credit agency which provides access to favorable financing for some US companies. Reauthorization buffs contend that Ex-Im fills a void left by private sector lenders unwilling to provide financing for certain transactions. Ex-Im's critics [say that] by effectively superseding risk-based decision-making with the choices of a handful of bureaucrats pursuing political objectives, Ex-Im risks taxpayer dollars.

It turns out that for nearly every Ex-Im financing authorization that might advance the fortunes of a single US company, there is at least one US industry--and often dozens or scores of industries--whose firms are put at a competitive disadvantage because supply is being diverted, market power is being shifted, and the cost of capital is being lowered for their foreign competition. These are the unseen consequences--the collateral damage--of Ex-Im's mission.

Source: Cato Institute 2015-16 voting recommendation on Ex-Im Bank Jul 31, 2014

On Free Trade: Countervailing duties mean higher prices on solar panels

Antidumping duties on solar panels from China are just another example of myopic, self-flagellating, capricious U.S. antidumping policy toward China. But in this instance the absurdity is magnified by the fact that Washington has already devoted billions of dollars in production subsidies and consumption tax credits in an effort to invent a non-trivial market for solar energy. Imposing duties only undermines that objective. With brand new levies on imports to add to the duties already being imposed on the same products to "countervail" the lower prices afforded U.S. consumers by the Chinese government's production subsidies, the administration's already-expensive mission will become even more so--perhaps prohibitively so.

It's not that Congress woke up one morning and agreed to simultaneously promote and deter U.S. solar energy consumption. But that's what Washington--with its meddling ethos and self-righteous politicians--has wrought: policies working at cross-purposes.

Source: Cato Institute 2012 voting recommendation on solar panels May 17, 2012

On Environment: End federal grants to reduce diesel emissions

Spending money is like mainlining heroin to politicians. It doesn't matter how often they promise to reform. They just can't quit. The federal government seeks to reduce diesel emissions, a worthy objective. However, noted GAO: "Fourteen grant and loan programs at the Department of Energy, Department of Transportation, and the Environmental Protection Agency and three tax expenditures fund activities that have the effect of reducing mobile source diesel emissions; enhanced collaboration and performance measurement could improve these fragmented and overlapping programs."

EPA runs 37 laboratories housed in 170 buildings located in 30 cities. That agency concluded GAO "needs to revise its overall approach to managing its 37 laboratories to address potential overlap and fragmentation and more fully leverage its limited resources." The waste just keeps going on and on.

Source: Cato Institute 2015-16 voting recommendation on Diesel Mar 12, 2012

On Abortion: Ban abortion after 20 weeks, except for maternal life

A landmark law [was] passed by the Nebraska legislature (44-5) and signed into law in 2010. For the first time in any state legislature, the Pain Capable Unborn Child Protection Act prohibits abortion after 20 weeks gestation except when the mother has a condition which so complicates her medical condition as to necessitate the abortion of her pregnancy to avert death or irreversible physical impairment.

This year, as versions of the Pain Capable Unborn Child Protection Act are introduced in a number of state legislatures, there will obviously be fierce opposition. I expect, however, that this Nebraska breakthrough for pro-lifers may well become law in certain states.

One of those laws is likely to come before the Supreme Court. Five members of the current US Supreme Court would give serious consideration to Nebraska's assertion of a compelling interest in preserving the life of an unborn child whom substantial medical evidence indicates is capable of feeling pain during an abortion.

Source: Cato Institute 2015-16 voting recommendation on PCUCPA Feb 2, 2011

On Abortion: No taxpayer funding of abortions via ObamaCare

President Obama's approach to health care reform--forcing taxpayers to subsidize health insurance for tens of millions of Americans--cannot not change the status quo on abortion. Either those taxpayer dollars will fund abortions, or the restrictions necessary to prevent taxpayer funding will curtail access to private abortion coverage. There is no middle ground.

Thus both sides' fears are justified. Both sides of the abortion debate are learning why government should not subsidize health care.

Source: Cato Institute 2015-16 voting recommendation on ObamaCare Nov 10, 2009

On Free Trade: Duties on Chinese tires could unleash protectionist backlash

The U.S.-China trade relationship has been on a low simmer since before the start of the financial crisis. But by Sep. 17 President Obama is required to render a decision in a potentially combustible case concerning automobile tire imports from China.

USW and the unions feel that they have earned the president's support. The president is presumed to owe Big Labor for his election last November. Will the president do what is overwhelmingly in the best interest of the country? Or will he do what he thinks is best for himself politically? The president should reject the recommendations of the USITC & deny import restrictions altogether. A decision to reject trade restraints in the tires case would be reassuring to a world that is struggling to grow out of recession. The costs of any protectionism under these circumstances could unleash a protectionist backlash in the US & around the world. It would be far less costly for the president to reject trade restraints altogether.

Source: Cato Institute voting recommendation on Chinese tires Sep 11, 2009

On Jobs: Card-check union organizing threatens companies

The Obama administration and Democratic congressional leaders owe a big political debt to labor organizations; the so-far unsuccessful effort to pass "card check" legislation is just one example of the payback labor leaders expect to receive for their loyal backing.

Known officially as the Employee Free Choice Act, the card-check legislation would effectively abolish the secret ballot in workplace elections for union representation. It would also require employers to submit to binding government arbitration if they cannot reach an agreement with union representatives, forcing companies to submit to contracts that may imperil their very survival.

The sobering experience of unionized companies offers a further warning against tipping the playing field further in favor of union organizers. A resurgence of union representation in the private sector would threaten to plunge even more U.S. companies into financial distress and put more American workers in danger of losing their jobs.

Source: Cato Institute voting recommendation on Card Check Sep 6, 2009

On Foreign Policy: Israeli settlements exacerbate hostilities; separate instead

Ariel Sharon's government continues to construct settlements and a security fence in the West Bank, effectively annexing Palestinian areas to Israel.

There is no excuse for Palestinian suicide bombing, but Israeli actions also exacerbate hostilities. In principle, separation seems the best answer to stop the killing. For this reason, a security fence makes sense--if it actually separates Jew from Arab. Unfortunately, to protect a number of disparate Israeli settlements erected in the midst of Palestinian communities, Israel currently is mixing Jew and Arab and separating Arab from Arab. Thus are sown the seeds for conflict. After 36 years of occupation, the land remains almost exclusively Arab. The limited Jewish presence is the result of conscious colonization. The settlements require a pervasive Israeli military occupation, imposing a de facto system of apartheid. Separation offers the only hope, but separation requires dismantling Israeli settlements.

Source: Cato Institute voting recommendation on Israeli settlements Dec 19, 2003

On Corporations: Let consumers choose to use private court or arbitration

Stop arbitration! That's the latest battle cry from the Trial Lawyers. The new goal is to tighten the lawyers' monopoly grip on the court system, and prevent the rest of us from choosing a more efficient means of resolving our disputes. How could that happen? Just get Congress to enact legislation that will rein in the growing movement toward arbitration.

What is this thing that some lawyers find so threatening? Arbitration is simply private court. Lawyers with a vested interest in a monopoly court system are trying to stop the arbitration business from developing. Lawyers who feel threatened by arbitration assert that arbitration is fine when it's used by two well-informed businesses. But when ordinary consumers are "forced" to use arbitration, that takes away their constitutional right to a jury trial. But there's nothing forced or mandatory about it. Contracts are the result of choice. People should be free to choose for themselves what contracts to make and what rights to give up.

Source: Cato Institute voting recommendation: mandatory arbitration May 3, 2002

On Energy & Oil: Oil and gas production isn't damaging, even OCS and ANWR

The real case for increasing domestic production is that some undeveloped energy fields in the United States might be competitive with imports. The one good thing about this energy plan is its call to open up some of those fields for development.

The evidence is overwhelming that oil and gas production is one of the least environmentally damaging ways to get energy. The hysterical attacks against drilling in the Arctic National Wildlife Refuge are little but recycled attacks launched three decades ago against development at nearby Prudhoe Bay. However, environmental impacts there have been minimal. For instance, there were about 5,000 caribou on the North Slope of Alaska when drilling began there. Today, there are 23,000. Offshore oil development and drilling in the lower 48 states--including, as The New York Times recently reported, in wildlife refuges--involves even fewer problems.

Source: Cato Institute 2015-16 voting recommendation on OCS Drilling Jun 5, 2001

On Tax Reform: Estate tax won't hit billionaires--only regular millionaires

Repeal the Grave Robber Tax: Because some people are really wealthy doesn't mean they have common sense. Last week a handful of the richest people on the planet, including Warren Buffett and Paul Newman, urged Congress not to end the death tax.

The truth is that these ultra-rich Americans aren't being as selfless as it may seem. Most billionaire families engage in careful estate tax planning by, for example, depositing their fortunes into family foundations--to avoid having the long arm of the IRS reach into their graves for a dime.

The dirty little secret of the death tax is that the people clobbered by it are not billionaires. More often they are ordinary Americans with medium sized estates--the millionaire next door. I am talking about ranchers, farmers and self-starter business owners. Every year thousands of heirs are forced to sell the family farm or business to pay estate taxes. It's unjust given that this tax is imposed on dollars already taxed when the income was earned.

Source: Cato Institute 2015-16 voting recommendation on Death Tax Feb 22, 2001

On Civil Rights: VAWA unconstitutional: violence against women isn't federal

The Supreme Court should not uphold the Violence Against Women Act. In passing the act, Congress exceeded its constitutional authority. VAWA creates a federal private cause of action against anyone "who commits a crime of violence motivated by gender." It is, in effect, a federal tort statute. And therein lies the problem: Where in the Constitution does Congress find authority to enact such legislation?

Supporters point to two sources: Congress's power "to regulate commerce" and the Equal Protection Clause of the 14th Amendment. Not so, said a district court (reversed by an Appeals Court). The act does not regulate commerce. And the 14th Amendment protects against state violations, not against private acts.

Violence against women is a national problem. But that does not make it, under the Constitution, a federal problem. Congress's power to regulate commerce is not a power to regulate everything.

Source: Cato Institute voting recommendation on Emoluments Mar 30, 2000

On Budget & Economy: Separate art and state: de-fund the NEA

The doctrine of enumerated powers meant that Congress couldn't involve itself in the arts at all. Today, however, the federal Leviathan concerns itself with every nook and cranny of our lives, and the arts have not escaped.

People should not be forced to contribute money to artistic endeavors that they may not approve, nor should artists be forced to trim their sails to meet government standards. Defenders of arts funding seem blithely unaware of this danger when they praise the role of the national endowments as an imprimatur or seal of approval on artists and arts groups. I suggest that that is just the kind of power no government in a free society should have.

The American Founders knew that the solution was the separation of church and state. Because art is just as spiritual, just as meaningful, just as powerful as religion, it is time to grant art the same independence and respect that religion has. It is time to establish the separation of art and state.

Source: Cato Institute voting recommendation on NEA May 3, 1995

On Government Reform: Term limits oppose professionalization of legislators

Six considerations may explain political scientists' open hostility to term limitation:
  1. Political scientists were instrumental in promoting the professionalization of legislators.
  2. The revisionist approach to democratic theory continues to influence the way most of them view democracy.
  3. They are cynical about the attentiveness, general knowledge, and judgmental capacity of the average voter.
  4. They are committed to the conservation of leadership.
  5. They perceive attacks on professional politicians as a threat to their own self-proclaimed professionalism.
  6. And political partisanship may encourage them to oppose term limits.
Political scientists should lend their expertise and skills to the public debate about the wisdom of term limitation. They should bring to that debate the commitment to data collection, vigorous analysis, and well-crafted arguments that is characteristic of a systematic and scholarly approach to political inquiry.
Source: Cato Institute 2015-16 voting recommendation on Term Limits Feb 18, 1992

The above quotations are from Cato Institute congressional voting recommendations.
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