|
|
Enron Mail |
THE LIGHTHOUSE
"Enlightening Ideas for Public Policy..." Vol. 3, Issue 38 September 24, 2001 Welcome to The Lighthouse, the e-mail newsletter of The Independent Institute, the non-politicized, public policy research organization <http://www.independent.org<;. We provide you with updates of the Institute's current research publications, events and media programs. Do you know someone who would enjoy THE LIGHTHOUSE? Please forward this message to a friend. If they like it, they can add themselves to the list at http://www.independent.org/tii/lighthouse/Lighthouse.html. ------------------------------------------------------------- 1. National Security Crisis Likely to Feed Government Growth 2. How the Feds Misrepresented Anti-Privacy Provisions of 1994 Law 3. "The Drug War on Trial" -- Independent Policy Forum Transcript Now Available ------------------------------------------------------------- NATIONAL SECURITY CRISIS LIKELY TO FEED GOVERNMENT GROWTH Military and economic crises have been the twin engines propelling the growth of American government, as politicians have rushed through new spending programs and regulations to show the public that they were "doing something." When the crises passed, however, government didn't revert to its pre-crisis size. Instead, the expansions created new baselines for further government growth, according to Independent Institute senior fellow Robert Higgs in his book CRISIS AND LEVIATHAN. This "ratchet effect" is of special concern in the aftermath of the Sept. 11th attacks, as Congress gave the executive branch broad powers intended to fight terrorism and prop up a faltering economy, according to Higgs in an interview with REASON Magazine. "When the government takes large-scale, unprecedented actions of this sort, unanticipated consequences always occur," says Higgs. "Then the government has to expand even further to deal with those consequences." "The ultimate result will be an enlargement of the Big Brother state. We were moving that way already. This will accelerate it," Higgs concludes. See "Glory Days for Government" (REASON ONLINE, 9/20/01), at http://www.independent.org/tii/lighthouse/LHLink3-38-1.html. Also see "How War Amplified Federal Power in the 20th Century" by Robert Higgs (THE FREEMAN, July 1999), at http://www.independent.org/tii/lighthouse/LHLink3-38-2.html. For more about CRISIS AND LEVIATHAN: Critical Episodes in the Growth of American Government, by Robert Higgs, see http://www.independent.org/tii/lighthouse/LHLink3-38-3.html. ------------------------------------------------------------- HOW THE FEDS MISREPRESENTED ANTI-PRIVACY PROVISIONS OF 1994 LAW Congress is now contemplating passage of the Mobilization Against Terrorism Act, which would (among other things) expand government wiretapping and eavesdropping powers. Unknown to most Americans, however, is that Congress had already given law enforcement authorities broad powers to expand electronic surveillance in the 1994 Communications Assistance for Law Enforcement Act (CALEA), according to political economist Charlotte Twight in the fall 2001 issue of THE INDEPENDENT REVIEW. Among other powers, the CALEA gave the Federal Bureau of Investigation authority to track the physical location of cell phone users and to obtain the content of private communications in a variety of circumstances without a probable-cause warrant. Yet when testifying to Congress about the proposed CALEA, the FBI's then-director Louis Freeh repeatedly claimed that CALEA would confer no new authority on law enforcement officials, provide no information about the physical location of cellular phone calls, and not weaken existing privacy protections. The CALEA episode, argues Twight, demonstrates that Congress is no match for crafty machinations of bureaucrats expert in masking their true intentions by hamstringing Congress's ability to understand the meaning of new legislation -- what Twight calls an example of the manipulation of "political transaction costs," such as the cost of understanding the details of legislation. "The confluence of CALEA, federally mandated electronic databases of personal information, Carnivore, Digital Storm, Echelon, and the like have established a web of federal surveillance never before known in the United States," writes Twight. "One way or another, we will soon learn that the resistance-inhibiting power of broad-based government surveillance is potentially the most liberty-endangering form of political transaction-cost manipulation confronting Americans -- and freedom-loving people everywhere -- in the new millennium." See "Conning Congress: Privacy and the 1994 Communications Assistance for Law Enforcement Act" by Charlotte Twight (THE INDEPENDENT REVIEW, Fall 2001), at http://www.independent.org/tii/lighthouse/LHLink3-38-4.html. Also see, "Watching You: Systematic Federal Surveillance of Ordinary Americans" by Charlotte Twight (THE INDEPENDENT REVIEW, Fall 1999), at http://www.independent.org/tii/lighthouse/LHLink3-38-5.html. ------------------------------------------------------------- THE DRUG WAR ON TRIAL: Independent Policy Forum Transcript Now Available Many public officials fear political reprisals if they speak out against the "War on Drugs," but judges James Gray (Orange County, Calif., Superior Court) and Vaughn Walker (U. S. District Court, San Francisco, Calif.), not only testified against it at the recent Independent Policy Forum, "The Drug War on Trial: Two Judges Speak Out," they also explained why an increasing number of judges are joining them. Judge Gray began by explaining how his years as a criminal prosecutor led him to write his recent book, WHY OUR DRUG LAWS HAVE FAILED AND WHAT WE CAN DO ABOUT IT. Despite the vast sums poured into drug interdiction and prosecution, Judge Gray explained, he observes that drugs are no harder to obtain today than when he was prosecuting drug cases. Further, drugs today are often more dangerous because anti-smuggling efforts and anti-marijuana laws have led drug dealers to supply drug users with more potent drugs. Judge Walker explained that the growing number of judges opposing the Drug War are diverse in their political orientation and career experience. But, he said, the judges cannot be the sole advocates of sensible drug-law reform -- citizens in every walk of life must become better informed about the Drug War's tremendous economic, social and health costs, and voice their objections in public. Is serious reform possible on so emotional a topic? Yes, measured optimism is warranted, according to the judges. Just as communism in Eastern European collapsed quickly and unexpectedly, so may the War on Drugs, as Americans learn of better approaches to dealing with drug abuse, such as those practiced in Switzerland, Judge Gray concluded. For a transcript, see http://www.independent.org/tii/lighthouse/LHLink3-38-6.html. Also see "The American Drug War: Anatomy of a Futile and Costly Police Action," by Bruce Benson and David Rasmussen, at http://www.independent.org/tii/lighthouse/LHLink3-38-7.html For more on the War on Drugs, see The Independent Institute's archives at http://www.independent.org/tii/lighthouse/LHLink3-38-8.html. ------------------------------------------------------------- THE LIGHTHOUSE, edited by Carl P. Close, is made possible by the generous contributions of supporters of The Independent Institute. If you enjoy THE LIGHTHOUSE, please consider making a donation to The Independent Institute. For details on the Independent Associate Membership program, see http://www.independent.org/tii/lighthouse/LHLink3-38-9.html or contact Mr. Rod Martin by phone at 510-632-1366 x114, fax to 510-568-6040, email to <RMartin@independent.org<, or snail mail to The Independent Institute, 100 Swan Way, Oakland, CA 94621-1428. All contributions are tax-deductible. Thank you! ------------------------------------------------------------- For previous issues of THE LIGHTHOUSE, see http://www.independent.org/tii/lighthouse/LHLink3-38-10.html. ------------------------------------------------------------- For information on books and other publications from The Independent Institute, see http://www.independent.org/tii/lighthouse/LHLink3-38-11.html. ------------------------------------------------------------- For information on The Independent Institute's upcoming Independent Policy Forums, see http://www.independent.org/tii/lighthouse/LHLink3-38-12.html. ------------------------------------------------------------- To subscribe (or unsubscribe) to The Lighthouse, please go to http://www.independent.org/subscribe.html, choose "subscribe" (or "unsubscribe"), enter your e-mail address and select "Go." ------------------------------------------------------------- THE LIGHTHOUSE ISSN 1526-173X Copyright ? 2001 The Independent Institute 100 Swan Way Oakland, CA 94621-1428 (510) 632-1366 phone (510) 568-6040 fax
|