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The problem with progressives: Government’s legitimacy is grounded in restraint

June 30th, 2008 by Craig Westover

This commentary originally appeared in the St. Paul Pioneer Press Friday, June 27. Comments welcome there.

I am quite pleased to see how quickly Growth & Justice president Dane Smith responded (”In the mainstream – legitimately,” June 25) to my June 20 column (”The problem with progressives”) in which I asserted my mistrust of progressive politics. Like my dental hygienist, I get a little pleasure out of hitting a nerve.

Smith “strenuously” objects to my contention that progressives are immune to restraint, and he finds the notion “preposterous” that progressivism is a dangerous challenge to constitutionally limited government. Yet nowhere in his piece does he say what it is that restrains progressives from expanding government beyond legitimacy. And that is really what the debate is all about.

Let’s put to rest the notion Smith attributes to me that our government is “illegitimate” — Government is legitimate. What I question as illegitimate is the scope of activities Smith would endow with government authority.

The Declaration of Independence establishes that governments are instituted among men to secure the unalienable rights of life, liberty and the pursuit of happiness. Smith’s view not withstanding, government is not instituted to create a better world through the “visionary planning and wise investment” of an elected few.

The Declaration goes on to state that government derives its just powers from the consent of the governed. Smith misses the word “just” when he chides me for failure to recognize the difference between “undemocratic governments under brutal dictators” and “democratic governments that are responsive to the will of the people and largely a force for good.” The legitimacy of a government is not determined by whether that government is a democracy, a republic, or even a dictatorship or whether it is “largely a force for good” or “in the mainstream.” Every form of government can exercise tyranny. Each has.

Just authority legitimizes government. “Just” authority is the inherent right an individual has to secure his own unalienable rights, which he can, therefore, justly consent to government. I have a right to recovery if someone steals from me; I can consent that power to government through police and courts. I have no right to band together with my friends to rob our rich neighbor to help our poor neighbor. I cannot consent that power, which I do not have, to government. Just authority is not any old power that at one time or another 51 percent of the people think is a good idea or a legislature or executive can usurp based on an election mandate.

That brings us to the crux of the question.

I argue that the principles of the Declaration and the language of the Constitution both legitimize and constrain government power. Smith believes that the will of the people endows government with both legitimacy and authority. The question he ignores is, “What restrains the will of the people to expand government authority beyond legitimacy?” (Is “legitimacy” even an issue when the reality is society can always be made better no matter how good it is?)

The best answer I can infer from Smith’s piece is I ought to trust the “pragmatic” progressivism of Growth & Justice and Smith’s personal sense of “balance between good government and a vigorous free market.”

Here’s why I am leery of betting my freedom on such trust:

Growth & Justice, according to Smith, believes we have invested too little in public education, transportation, health care and environmental protections. OK, let’s assume Smith is correct. At the same time we were saying “no” to more investment, we were also saying “yes” to a plethora of wealth-transferring, behavior-modifying, regulation-imposing programs of dubious merit and less constitutional authority. We created monopoly education and government-regulated health-care systems that limit individual choice. We made transportation policy intent on engineering behavior and guiding development rather than increasing mobility. We expanded the scope of government “service” well beyond what is authorized by either the state or federal constitution, or by a decent respect for individual independence.

Yet, Smith argues that government in the last decade was “restrained” because the “price of government” was a constant. The “price of government” is a formula that determines the “proper” size of government based on the total income of the state.

In other words, government is restrained not by rule of law or enumerated powers, but by how diligently you and I produce wealth. The more wealth we create, according to Smith, the more government is entitled to, the more government we can afford, and therefore, the more government we should have — of course while maintaining a “balance between good government and a vigorous free market.”

Dane Smith is no “jack-booted, Mussolini-style totalitarian.” But his belief that life can be improved through a government restrained solely by some Hobbit-like virtue that vows to use the Tolkienesque ring of government power “largely as a force for good” is naïve and dangerous. And the longer Smith wears the ring, the more he might come to realize that good intentions are not an adequate check on unrestrained government power. Ultimately, however, it is your individual liberty that hangs in Smith’s progressive balance between good government and a vigorous free market.

Craig Westover is a contributing columnist to the Pioneer Press Opinion page and a senior policy fellow at the Minnesota Free Market Institute (mnfmi.org). His e-mail address is westover4@yahoo.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

This commentary originally appeared in the St. Paul Pioneer Press Friday, June 27.

What the Auditor found—and didn’t—about MN charter schools

June 23rd, 2008 by John La Plante

The Office of the Legislative Auditor (OLA) made news when it released a new report on charter schools in Minnesota. (The June 2008 report, simply titled “Charter Schools,” is available at www.auditor.leg.state.mn.us/.)

The finding that got pundits and journalists talking is the conclusion that students in charter schools “generally did not perform as well on standardized academic measures as students in Minnesota district schools.”

So where do we go from here?

If you believe that poverty is the fundamental obstacle to educational performance, you might use this as an occasion to dismiss the role of charter schools, call for a new “war on poverty” that also includes yet more increases in funding for district schools.

It is true that we expect schools to do too much, including saving the planet from environmental catastrophes and teaching parents how to be parents. But let’s not let schools off the hook, either. How a school is run can make a difference.

Finding Adequate Comparisons
Do the findings of the report confirm that the charter school idea has failed? Not exactly. The researchers observed that after various demographic factors are accounted for, “the differences in performance were minimal.”

In other words, charter schools performed at least as good as district schools—even without being able to tap local property owners for taxes.

But let’s back up and start with the authors’ statement that “the limitations of the data do not allow us to make definitive conclusions” about the performance of charter schools or district schools, as a class.

The most important limitation to the report is that it does not have any way to measure what really counts in education: Is a student who starts out the year in a charter school better off at the end of the year or not? If that student is better off than a similar student in a district school, perhaps the charter school idea—or at least that particular school—is good.

In other words, the best way of comparing the value of two schools is to compare how much similar students gain over time. The OLA report did not do this.

This omission is an important limitation to the report. That’s because it is possible that the differences in students who transfer to charter schools may be more important than the differences in the schools themselves.

The OLA attempted to get around this possibility by matching charter and district schools (on student demographics) within their region of the state. Still, it could not find a suitable match for one quarter of the charter schools.

(In addition, nine charter schools with “unique learning programs” such as online curriculums were not included in the comparison. There is a good methodological reason to omit such schools, but the fact that they have unique programs is in itself a benefit to their students.)

Digging deeper into the data reveals something interesting: the relative performance of the two types of schools, at least as revealed in this report, depends on the income and racial composition of the school. In some situations, charter schools as a group do outperform district schools.

For students who were at the very bottom of the economic ladder, district schools held an advantage over charter schools. But for students just below the poverty level, charter schools held their own.

For schools that have overwhelmingly minority enrollments (75 to 100 percent), charter schools held their own.

In addition, charter schools are better than district schools in Minneapolis and Saint Paul in making Adequate Yearly Progress, a measurement of the federal No Child Left Behind education program. That’s important, since these districts are the largest in the state, and among the worst performing. According to Education Week, for example, the graduation rate for 2004-05 was 59 percent for Saint Paul, and 45 percent for Minneapolis. (See the graduation rate map tool, a great new resource, at www.edweek.org/apps/maps/.)

A Lesson from Chicago
So can charter schools work? Other reports suggest the answer is yes. Earlier this year the Rand Corporation (www.rand.org) compared district schools and charter schools in the Chicago Public Schools system. Unlike the OLA researchers, the Rand researchers looked at student gains over time.

They concluded that charter schools “may produce positive effects on ACT scores, the probability of graduating, and the probability of enrolling in college.” These results, they said, “are solidly evident only in the charter [high schools] that also included middle school grades.” In that circumstance, the likelihood of graduating increased by 10 percent (or 7 percentage points); the likelihood of attending college increased by 29 percent.

What made the difference? The Rand researchers said that it was either the charter status of the schools, or their unusual grade configuration—which was in turn made because they were charter schools.

Are charter schools the only cure to what ails public education? Not at all. But lawmakers would be foolish to cap their numbers, as was discussed during the last session in Saint Paul, or make them more like district schools.

The problem with progressives

June 20th, 2008 by Craig Westover

This commentary orginally appeared in the St. Paul Pioneer Press comments welcome there

Credit where credit is due: The symposium on ‘Minnesota’s Progressive Republican Tradition’ that progressive think tank Growth & Justice has scheduled during the Republican National Convention is pretty good PR. Pushing progressivism is what Growth & Justice is all about, and what better stage to co-opt than the GOP national convention.

However, I must drop the other shoe: Praise for Growth & Justice ends with acknowledging its pragmatism. The notion that we are all progressives now — or, if not, we should be — is a dangerous challenge to constitutionally limited government.

Progressives, it seems, don’t want to be called “liberals” anymore. I don’t blame them. Big-government liberalism has degenerated into a politics of arrogance and willful ignorance of economic realities.

Speaking in Minneapolis earlier this year, liberal DFL Senate Majority Leader Larry Pogemiller asserted: “I think it’s simplistic and naive to say people can spend their money better than the government. … The notion that everybody can individually spend their money better than government I just think is trite, wrongheaded and antidemocratic.”

A “progressive,” by contrast, shuns such arrogance. Instead, he advocates for higher marginal tax rates with the humble totality of religious conviction; a “progressive” tax system based on “ability to pay” is the moral thing to do (hence, growth and justice). That is not willfully ignorant economic argument; it is not economic argument at all. It is moral argument, dividing the world into the self-sacrificing good and the selfishly individual.

Progressivism is politics as religion. Left-leaning progressivism strives to impose values on society every bit as aggressively as the Christian right pushing a moral agenda of “family values.” Whether the supreme authority over individual liberty is a secular state or a religious one, the operative word is “supreme.” Progressivism is ultimately about total control.

Progressivism is immune to restraint; it respects no constitutional limits on government. The progressive may prefer the near-sacramental word “holistic” to describe the effort to create a better world, but, as National Review’s Jonah Goldberg reminds us, Mussolini coined the word “totalitarian” for the progressive vision — a society where everyone belongs, where everyone is taken care of, where everything is inside the state and nothing is outside the state, where there are no hard trade-offs.

“Growth” and “justice” are both desirable, and the progressive believes this makes them compatible irrespective of the laws of economics. Equality and freedom are both good things; therefore the progressive justifies state intervention to eliminate conflict among the vicissitudes of fate and the variability of personal ambition, so that all might be free to achieve their potentials.

Consensus among “experts,” the high priests of progressivism, determines how much growth is just (what level of private profit becomes “unreasonable”) and the appropriate ratio of equality to freedom (everyone “chooses” among state-run health plans).

Everyone, says the progressive, has the “right” to a useful job at a fair wage, a decent home, medical care, a good education and adequate protection from economic fears of old age, sickness, accident and unemployment. Concern that such “rights” necessarily impose obligations on others is negated by the righteous beliefs that we all have moral obligations to our fellow citizens, and moral obligation to the “common good” can be coerced by the police power of the state.

That brings us back to the Growth & Justice concept of a “progressive Republican” — which is analogous to “agnostic Lutheran.”

The operative word is “agnostic.” “Lutheran” is the set of beliefs the “agnostic Lutheran” no longer holds. His beliefs are agnostic, not Lutheran.

Likewise, the operative word in “progressive Republican” is “progressive.” “Republican” is the set of principles the “progressive Republican” no longer holds. He is in essence a “progressive” shunning Republican principles to use the police power of the state for the collective good of the people at the expense of the inalienable rights of the person.

The Growth & Justice symposium not withstanding, “progressive Republican” is a chimerical fiction. So is “progressive Democrat.” One believes in constitutionally limited government — in individual economic liberty and personal liberty protected by the rule of law — or one does not. Good PR does not equate with good public policy.

Craig Westover is a contributing columnist to the Pioneer Press Opinion page and a senior policy fellow at the Minnesota Free Market Institute (mnfmi.org). His e-mail address is westover4@yahoo.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

This commentary orginally appeared in the St. Paul Pioneer Press Friday, June 20.

Miniature Golf is the New Constitutional Right

June 16th, 2008 by David Strom

This column was originally published at Townhall.com. Comments welcome there.

The Bush Administration has discovered what liberals have known all along: the Constitution is a mighty comprehensive document, giving the federal government powers over the minutest aspects of our lives.

Case in point: apparently Bush & Co. have discovered that there is a right to miniature golf defined in the U.S. Constitution.

That’s the upshot of a new set of rules updating the Americans with Disabilities Act being released for public comment this Tuesday. Other new rights include easier access to light switches in hotel rooms by moving them 6 inches lower, wheelchair lifts in courtrooms to provide easier access to the witness box, and wheelchair lifts to provide easier access to stages in auditoriums. And the miniature golf courses? Soon at least half the holes will have to be easily wheelchair accessible.

It is, of course, utterly ridiculous that such things are matters of federal regulation. Unfortunately, it is not innocuous.

Not too long ago most Americans believed in at least the concept of limited government; more recently at least conservatives and most Republicans did. But now it seems that only a few libertarians still feel bound to even consider the possibility of limits to federal powers before proposing the imposition of ever more burdensome rules from Washington.

It may seem strange at first to see great danger in the latest proposed extension of federal power. After all, who could object to making the world a better place for the disabled? And that is what these rules are intended to do.

But intentions don’t matter in the real world. Consequences do.

And as a consequence of the Bush Administration’s new proposed regulations, the federal government is now asserting a legitimate interest in the design of miniature golf courses, the placement of light switches in hotel rooms, what is broadcast when on stadium scoreboards and video monitors, and a whole host of other, equally trivial aspects of our public and private lives.

If such minute matters of our daily lives are of legitimate concern to federal regulators, it becomes hard to see just what isn’t legitimate fodder for federal regulation.

The new ethos driving the expansion of government power appears to be: as long as government officials have (or can assert) good intentions then they should be granted unlimited powers to achieve their goals.

The founding fathers, of course, would have found this attitude puzzling, to say the least. First of all, they would have considered it ridiculous to simply assume good intentions on the part of anyone in power, and they would have deeply distrusted the idea that even well-intended expansions of power wouldn’t be dangerous. The only sane form of government, in their view, would be a greatly limited government with powers constrained to those absolutely necessary to protect our natural rights. And those rights, we can safely say, don’t include a right to unobstructed miniature golf.

Americans are becoming more and more accustomed to the idea that government should have power to do “good” things, not just those things necessary to defend our lives and liberty. And as a consequence of this gradual shift in attitude our freedoms are more at risk every day.

Again, consider these new rules being proposed by the Bush Administration: in order to achieve the well-intended goals of making the lives of the disabled a bit easier they will be requiring, on pain of federal fines or prosecution, millions of private individuals and businesses to spend billions of dollars to comply. Because when it comes to federal regulations, the simple rule is comply—or else.

Franken apology: The sorry effect of saying ’sorry’ for satire

June 13th, 2008 by Craig Westover

In a speech to the Democrat-Farmer-Labor Party convention, Al Franken apologized to convention delegates and Minnesotans for his sometimes sexually explicit humor.

“It kills me that things I said and wrote sent a message to some of my friends in this room and people in this state that they can’t count on me to be a champion for women, a champion for all Minnesotans, in this campaign and in the Senate,” he said. “I’m sorry for that, because that’s not who I am.”

To this writer, Franken’s comment seems a strange thing for a satirist to say. Writing is a most unforgiving profession. A writer is what he writes — even when he writes for “Playboy.” I know.

In the early ’80s, my wife and I were out with a group of writer friends when a woman, a University of Minnesota law student, related a bit of graffiti scribbled in a ladies room stall. It began, “Cucumbers are better than men because …” and continued in a way that’s a bit bawdy for a family newspaper.

“That’s a book!” exclaimed one of the more seasoned professionals among us.

Taking our lead from a restroom wall, seven of us hammered out scores of one-liner reasons why cucumbers are better than men. They ranged from naughty innuendo to lampoons of male peccadilloes (A cucumber never suffers from performance anxiety) and female foibles (A cucumber won’t compare you to a centerfold) to pecks at changing social mores (A cucumber won’t make you check into a motel as “Mrs. Cucumber”).

We sent our literary effort to a number of humor publishers and received an equal number of rejections along the lines of “the girls in the office thought this was hilarious, but it’s not for us at this time.”

Still thinking the whole thing a lark, we were really surprised when we started receiving letters and phone calls from people around the country who had heard “cucumber jokes” over the radio. They wanted to buy the book. Apparently, “one of the girls” had photocopied our manuscript, and in an ante-Internet world faxed it to her BFFs — “best friends forever.” We even discovered pillaged published copies of “The Cucumber Book” in print.

Long story short, after some legal hassling, our group recovered rights to “Why Cucumbers are Better than Men.” Playboy picked up some of the lines in April of ‘84, and eventually two versions of the book were published — a short-lived mainstream version and a more risqué edition that sold well for more than a decade in novelty shops next to jars of body butter. It also can be found in the Michigan State University Libraries Special Collection Division Comic Art Collection.

I relate the story of “The Cucumber Book,” because although its satire might send a message to some of my readers that I can’t be trusted to make a case for conservative values, unlike Franken, I am not sorry for that; my past work will always be part of “who I am.”

I learned a long time ago that one can approach writing in three ways:

A writer can intentionally deceive his audience. Then, what he writes may not be “who he is,” but that he is willing to write deceptively is, indeed, “who he is.” Is Franken apologizing for deception? For pretending to be someone he was not, writing things he did not believe so he could hold a job at “Saturday Night Live” and write for “Playboy”?

A writer can also spin the truth to create a perception irrespective of fact in order to fool his audience into agreement. Is Franken apologizing for being a con man? For trying to create the perception that laughing at rape and demeaning women makes one “sophisticated”?

But when a writer believes in his work, whether he conceptualizes his message as satire or a political speech (or an opinion page column), it becomes a permanent part of “who he is.” So, if there were truly some larger idea at stake in Franken’s questionable writing (a prerequisite of satire), then why does he feel the need to apologize rather than explain his message?

The 11th-century poet Omar Khayyam wrote: “The Moving Finger writes; and having writ,/Moves on: nor all your Piety nor Wit/Shall lure it back to cancel half a Line,/Nor all your Tears wash out a Word of it.”

Franken’s finger wrote, and what he wrote cannot be washed away with a mea culpa campaign speech. I don’t find fault with Franken’s writing porn; but as a writer I find it offensive and disappointing that as a quid pro quo for political support Franken would deny his past work and, by so doing, demean the art of satire to nothing more than scribbling on a restroom door.

Craig Westover is a contributing columnist to the Pioneer Press Opinion page and a senior policy fellow at the Minnesota Free Market Institute (www.mnfmi.org). His e-mail address is westover4@yahoo.com .This e-mail address is being protected from spambots. You need JavaScript enabled to view it

This article originally appeared in the St. Paul Pioneer Press Friday, June 13. 2008.

Central Corridor LRT: As titans clash, Ole and Lena watch from the not-so-cheap seats

June 9th, 2008 by Craig Westover

Here’s another fine mess light rail has gotten us into, Ole. While amusing in a slapstick sort of way, the tussle over the train running through the University of Minnesota campus down Washington Avenue or looping north of the U campus through Dinkytown, seriously, ought put to rest the flummery that the Central Corridor project is about transportation and the mobility of the community. Not and never was. It’s about political clout.

A page-one Pioneer Press news story by Dave Orrick last week offered the keen observation that the route rhubarb is really a clash of cultures – academia vs. politics.

Where Ole and Lena taxpayer (who are footing the bill for the Washington Avenue route while picking up the tab for the U’s lobbying against the Washington Avenue route) fit into that culture clash is pretty clear. We don’t. Never have. Public input on the Central Corridor has always been of the “What kind of cheese do you want on your hamburger?” variety: A lot of meetings about the best way to implement light rail, but the tax-paying public never had a viable voice in the yea or nay decision.

So, forgive me if I find it amusing when (also at taxpayer expense) University General Counsel Mark Rotenberg pens a 23-page legal memo to federal officials claiming that the U is being railroaded. Ya think, Mark? How do you think we taxpayers feel about the Central Corridor.

First, we’re told to get on board because light rail will relieve traffic congestion. Then we hear Hennepin County Commission Peter McLaughlin, chair of the new board that will spend the transit sales tax monies, say congestion relief is only a “secondary objective.” The primary purpose of light rail transit is “guiding development.” Then he says, as we critics have been saying all along, the Central Corridor will actually increase congestion along the route. Not to worry, however, a legislative session-ending deal found 8 million tax dollars to help camouflage that problem.

The Met Council reads Rotenberg’s memo as a challenge to its competence. It should be used to criticism. A condition of the $6.6 billion transportation tax increase was creating an additional layer of governance charged with spending the quarter-cent metro-area sales tax for transit. Still, the kids couldn’t play nice. The ink on the tax increase was still wet when the headline read, “”Fight erupts over new sales taxes for transit: At issue whether money should be used to bail out Met Council.” The Met Council continues to run the railroad.

Local officials were critical of Rotenberg’s memo for more than just its content, however. They said the memo was naïve because it invited scrutiny from federal bureaucrats. Now I’ll be at the tail-end of the line when it comes to recommending federal scrutiny of anything, but when “we don’t want the feds looking too closely at what we’re doing” is a Central Corridor strategic concern, that ought to ring a few bells with someone about project viability, shouldn’t it?

It doesn’t with state Rep. Alice Hausman, who chaired the capital-projects committee, however. Her response was accusing the University of “arrogance.”

“The U is simply accustomed to getting their own way,” she said.

Gotta ask, Rep. Hausman, where you were on the U’s arrogance issue when Gov. Tim Pawlenty offered his initial bonding recommendations?

Pawlenty included a rather paltry $225 million in bonding for local roads and bridges. Roads and bridges were a legislative “priority,” as I recall. But U President Robert Bruininks opined in the Star Tribune that roads and bridges shouldn’t be paid for at the expense of higher education. He complained that Pawlenty’s proposal didn’t give the U its traditional 35 percent of the bonding recommendation – only 23 percent.

And Hausman and the Legislature listened. They passed $6.6 billion in tax increases on Minnesotans for the statewide transportation “priority” and then borrowed another $800 million on the taxpayers’ credit card for local hockey arenas, bike trails and giving the U just about everything it asked for and, oh yes, $70 million for the Central Corridor. Arrogant, perhaps?

 Whichever side prevails in this tussle of titans, of this be certain: The academics and the politicians will ultimately come together and have a great makeup Kumbaya, and the Central Corridor project will be built regardless of the cost to taxpayers. On both sides there is simply too much arrogance and too much political prestige on the line to hope for any other outcome. And that’s not really all that funny, is it?

Craig Westover is a contributing columnist to the Pioneer Press Opinion page and a senior policy fellow at the Minnesota Free Market Institute (www.mnfmi.org). His e-mail address is westover4@yahoo.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

This commentary originally appeared in the St. Paul Pioneer Press on Wednesday June 2.

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