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As part of a new paper, I’ve been doing research on decentralization in Aceh, Indonesia. Bringing to a conclusion an approximately 20-year insurgency, the Free Aceh Movement (GAM) and Indonesian government came together in a spirit of comity following the devastating Indian Ocean Tsunami and signed a peace deal giving the region ample new autonomy. Or so the usual story goes.

Here’s the reality. GAM came to terms with the Indonesian government because a brutal military offensive, paired with the imposition of martial law, had reduced their numbers significantly. Still, giving up their dream of independence for Aceh was a bitter pill. In the end, they agreed to the Helsinki Memorandum of Understanding, which provided for the laying down of rebel weapons and new autonomy for Aceh.

That Memorandum of Understanding was never implemented in full. In particular, two provisions – the ability of Aceh to enact primary legislation without central government veto and the ability of Aceh to veto Indonesian treaties and other laws under certain circumstances, were not included in the final bill passed by the Indonesian legislature. In addition:

The Free Aceh Movement (GAM) and dozens of NGOs complain that the new law falls short of the autonomy provisions in the 2005 accord and allows considerable interference by the central government:

Central government powers: Article 11 stipulates that the central government sets the norms, standards and procedures and also monitors all affairs of the Aceh regional administration.

Control over natural resources: Aceh is to retain 70 percent of revenues from its natural resources. But Article 160 stipulates that the management of oil and gas resources in Aceh will be done jointly by the provincial administration and the central government. This is a departure from earlier pledges by Indonesian lawmakers that the Acehnese administration could manage its own resources.

Role of the Indonesian military: The peace accord stipulated that the Indonesian military would be stationed in Aceh only for national defense and would not participate in provincial affairs. But Article 193 of the law gives the army powers within the province.

Human rights: Perpetrators of human rights violations will likely escape justice. An ad-hoc tribunal (Article 215) will only hear cases that occur after its establishment, rather than having retroactive powers.

Aceh even lacks the ability to levy its own taxes, apart from a trivial “alms” tax for poor relief. Thus, Aceh’s autonomy is far less than that enjoyed by, say, Rhode Island. The only new autonomy Aceh received in the peace deal was the right to form local political parties. Otherwise, the main provision was to transfer significant hydrocarbon revenues to the province. With one hand, the Indonesian government double-crossed the former rebels and took away their ability to go their own way on economic policy, and with the other, they bought them off — but of course, that bribe comes with an implicit threat: behave or else we take it back.

How did the Indonesian government get away with the double-cross? Simple: Continue Reading »

George Will (Washington Post) has an interesting essay on “progressivism’s ratchet.” His “Cupcake Postulate” illustrates the dynamic: federal school lunch subsidies lead to regulation of food content,which justifies the regulation of competing foods from vending machines, and—finally—whether cupcakes sold at bake sales meet federal standards. Government authority spreads—“the cupcake-policing government” finds “unending excuses for flexing its muscles”– and soon we enter a world where officials exercise little discretion or forethought.

Swollen government has a shriveled brain: By printing and borrowing money, government avoids thinking about its proper scope and actual competence. So it smears mine-resistant armored vehicles and other military marvels across 435 congressional districts because it can.

For those interested in the connection between the regulation of school bake sales, police force militarization, and skepticism regarding foreign policy, Will has some worthwhile insights.

Charting Regulation

Much of the work I do is in the area of regulation. It is always a challenge to convey how much the regulatory state has grown (yes, I know, we can count the pages in the Federal Register). Two scholars as the Mercatus Center (Patrick McLaughlin and Omar Al-Ubaydli) have developed RegData, a wonderful tool for measuring the size and scope of the regulatory state. The updated version of the program (currently in beta) allows one to chart the growth in regulatory restrictions between 1997 and 2012. For example, here is the chart representing the growth of regulations on an economy wide basis:

regData-number-of_restrictions

One can also examine regulations on specific industries and compare industries. For example, here is a chart on the growth of restrictions in (1) Primary and Secondary Education and (2) Scientific Research and Development Services.

regData-growth-of_industry_regulation_(%_relative_to_1997)

As you will note, the charts do not include a legend—a flaw that I hope can be remedied. Here is a simple question on the above chart: which line represents education and which line represents scientific research and development? Hint: in one of these two sectors, the US a world leader. In the the other, it is a laggard. I wonder if we could move toward developing some testable hypotheses?

For a discussion of RegData 2.0, you can see a piece by Patrick McLaughlin at The Hill.

The War at Home

Images of warfare abound these days, from Syria, Gaza, northern Iraq…and Ferguson, MO. As Dylan Scott (TPM) notes, the images out of Ferguson have been “harrowing.” “American law enforcement decked out in military fatigues, patrolling the streets in armored vehicles that look like they were plucked out of Afghanistan or Iraq.” 

I have blogged in the past about the distribution of war surplus to domestic police forces via the Department of Defense’s 1033 program (here and here).  Unsurprisingly, Ferguson and St. Louis County have both benefited from the 1033 program. Although precise information is difficult to come by—the Pentagon only releases information on tactical equipment for counties—USA Today has a partial list for St. Louis County, which includes twelve 5.56 mm rifles, six .45 caliber pistols, night vision equipment, vehicles, a trailer, and a generator.

National Journal has some images of the police response in Ferguson, in a piece aptly titled: “What a Militarized Police Force Does to a City.” Terrence McCoy (Washington Post) has an article on the use of tear gas in Ferguson. As McCoy explains:

Despite its ubiquity across the globe and in United States, tear gas is a chemical agent banned in warfare per the Chemical Weapons Convention of 1993, which set forth agreements signed by nearly every nation in the world — including the United States. The catch, however, is that while it’s illegal in war, it’s legal in domestic riot control.

Sven-Eric Jordt, Yale School of Medicine, is quoted as saying: “Tear gas under the Geneva Convention is characterized as a chemical warfare agent, and so it is precluded for use in warfare, but it is used very frequently against civilians. That’s very illogical.”

It is also illogical to provide police forces with military grade equipment based on the urgency of the war on drugs or the war on terror. As recent stories reveal (recounted in a fine piece by Radley Balko, WSJ), SWAT teams and the technology they have been provided through 1033 and Homeland Security grants have been used judiciously to break up illegal poker games at VFW halls, to stop underage drinking in a New Haven bar, and to apprehend Tibetan monks whose visas had expired in Iowa.

Balko concludes: “What would it take to dial back such excessive police measures? The obvious place to start would be ending the federal grants that encourage police forces to acquire gear that is more appropriate for the battlefield. Beyond that, it is crucial to change the culture of militarization in American law enforcement.”

Until that occurs, one fears, the war at home will continue.

Hunting Unicorns

Michael Munger has a fun essay (at FEE) on what he calls “the unicorn problem” (i.e., when people make the argument for statism based on a state they can imagine—benevolent, efficient, omniscient—rather than the state that actually exists). Munger’s solution:

  1. Go ahead, make your argument for what you want the State to do, and what you want the State to be in charge of.
  2. Then, go back and look at your statement. Everywhere you said “the State” delete that phrase and replace it with “politicians I actually know, running in electoral systems with voters and interest groups that actually exist.”
  3. If you still believe your statement, then we have something to talk about.

I run into this problem repeatedly with colleagues and students who somehow believe that the state could do all kinds of wonderful things, if only it behaved precisely as they imagined it should. “If only we had a single payer system,” they gush, “we would not have all of the problems of self-interest and greed that one sees in the current system.” That follows, of course, because we know that self-interest and greed have no place in any state we can imagine. It is at this point that I try to identify the underlying category error and introduce them to Buchanan’s argument for symmetry (albeit with little impact).

Munger concludes: “To paraphrase Hayek, then, the curious task of the liberty movement is to persuade citizens that our opponents are the idealistic ones, because they believe in unicorns. They understand very little about the State that they imagine they can design.”

At the Daily Beast, Keli Goff has a piece on “Why Blacks Aren’t Libertarians.” In fact, however, she may be a libertarian; at least, nothing in this piece shows why she cannot be. However, she definitely rejects a kind of dogmatic, absolutist libertarianism that she has encountered – and reasonably so, in my view. Here is the rub:

I presented the caller with the same hypothetical I do to so many of my self-professed libertarian friends: I’m injured in a plane or car crash. There is one hospital located in the town in which the crash has taken place. Do you believe the hospital has a right to refuse to treat me on the basis of race, and that the government has no moral or legal imperative to require the hospital to treat me?

One can make a convincing argument that a florist refusing to provide flowers to a same-sex wedding, or an upscale restaurant not welcoming African Americans, aren’t really major civil rights issues. (Frankly, in this day and age, if a restaurant refused to serve me I might use the power of the Internet to help put it out of business, but I wouldn’t see the point in suing someone to serve me when there are plenty of other dining options.) But when it comes to issues like government-mandated access to health care and education for all Americans, there is more at stake.

I would say that the hospital has a legally enforceable duty to accept anyone at imminent risk of death or injury. This is the “safe harbor” exception to the right to exclude that constitutes part of the bundle of private property rights. The safe harbor exception holds that in cases of dire emergency, you lose the right to exclude others from access to your property.

There are at least two important categories of cases here. One consists of cases in which there is no time to obtain consent: my wife is suffering a heart attack, and to save her I have to break into a locked building and take out its defibrillator. We should be able to assume consent in many cases when it is costly to obtain an answer from the property owner, and the foreseeable costs to the property owner are nil (e.g., I will compensate for any damage I cause).

Another category consists of cases in which original appropriation ends up leading to a monopoly, which if exploited could cause severe harm. One such example is Bill Bradford’s old chestnut: you fall out of an apartment window and on the way down grab a flagpole; the owner of the flagpole leans out and demands, “Let go!” Obviously, you have no obligation to let go. Robert Nozick gave an example of appropriating an oasis in the middle of the desert and demanding all the worldly goods of those who pass by in dire thirst.

So it seems clear to me that the hospital example fits into the latter category. If you’re in a life-or-death situation, you must be given access to the hospital. Now, that doesn’t mean you could conscript (enslave) a person to perform surgery on you – the right to exclude from one’s own body admits of no exceptions. And in extremely rare cases, a free society might therefore result in people’s avoidable deaths from lack of care – but of course that sort of thing happens now, all too often.

Now, I don’t know what Ms. Goff means by “government-mandated access to health care and education for all Americans,” but if she means large bureaucracies that provide these services at immense taxpayer cost on an ongoing basis, then she is indeed not a libertarian, as libertarians would not support that agenda. But neither does such an expansive government role in those industries follow from the emergency exception to the right to exclude just explored.

And there’s real money behind it, with more (hopefully) to come:

As for its goal, here is how Day put it in his news release:

“Crushing debt, unfunded entitlements, the government takeover of healthcare, overregulation, the decaying of our public schools, and massive government intrusion into our private lives are a direct assault on our liberty and individual rights.

“What if we could prove that liberty works? What if we could transform the Republican Party into a party of liberty that embraces the millennial generation? What if we could break the cycle of failed Republican candidates who support the expansion of the welfare state and position the country for a Goldwater/Reagan Republican in 2016?”

The PAC first wants to elect “the first pro-liberty, millennial governor (Andrew Hemingway)” and “win a pro-liberty majority for the Republicans in our 424 person state Legislature.”

Day is chair of the Republican Liberty Caucus of New Hampshire, which has endorsed 12 GOP candidates for the state Senate, including five who are taking on sitting GOP Senators in primaries. Hemingway is former chair of the RLCNH.

Stark360 proposes “a statewide, data-driven grassroots campaign that will endure beyond 2014 and address a fundamental structural weakness of the Republican Party,” and then “position New Hampshire to elect a Liberty Republican candidate in our crucial 2016 first-in-the-nation primary.”

“New Hampshire is the single best investment to demonstrate and spread liberty throughout the rest of the country through New Hampshire’s critical first-in-the-nation primary status,” said Philips.

“The people of New Hampshire inherently embrace liberty” and in the state, “elected officials are accountable,” he and Day said.

Quoting former Gov. John H. Sununu that, “Iowa picks corn; New Hampshire picks Presidents,” Day said that in recent primaries the state has actually picked “losing presidential candidates.”

“A small, elite group of the New Hampshire Republican establishment, corrupted by D.C. interest groups, has disenfranchised New Hampshire voters, alienated the youth vote, and manipulated party rules for personal advantage. In particular, the treatment of Ron Paul in New Hampshire and the egregious manipulation of the rules aimed at harming Ron Paul delegates in the 2012 Presidential race, needs to end now. Our data-driven grassroots infrastructure will restore the Republican Party back to the liberty loving citizens of New Hampshire and serve as a model for the rest of the nation,” Day said in a statement.

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