The Elite Eight

This blog has been on an unintentional summer hiatus the past some weeks, thanks to a combination of great weather, longer work hours and several friends' weddings on the other side of the country. A lot has happened politically in the meantime, much of it worth ignoring, but there is a semi-recent piece of news about the 2008 presidential election that I really should cover. And no, I don't mean that one.

Back on August 9th, we here in Washington state found out the list of candidates who passed certification and will appear on our ballot. It's no secret I don't like Romney, and I definitely don't like Obama either. Lucky for me, there are six other tickets on the ballot. Since most outlets are only going cover two, maybe three of these candidates, I present for your informational pleasure the eight candidates for President of the United States:

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Ross C. (Rocky) Anderson, Justice Party
VP: Luis J. Rodriguez
Do they have the ballot access to win? Yes, just barely, with 26 states and exactly 270 EVs, counting write-in states.
Links: Justice Party's official site, Facebook, Twitter
Rocky Anderson's official site, Facebook, Twitter
General impression: Left of Obama, but mostly within mainstream liberalism.
Party slogan: "Economic, environmental and social justice for all."

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Virgil Goode, Constitution Party
VP: James N. Clymer
Do they have the ballot access to win? Unclear, although possible; aiming for 40 states.
Links: Constitution Party's official site, Facebook, Twitter
Virgil Goode's official site, Facebook, Twitter
General impression: Mostly paleoconservative, but likes entitlements.
Campaign slogan: "Save America, citizenship matters." 

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James Harris, Socialist Workers Party
VP: Alyson Kennedy
Do they have the ballot access to win? Unlikely; aiming for just 8 states plus write-ins.
Links: The best I can find is The Militant, a weekly newspaper closely associated with the Socialist Workers Party. Neither the party nor the campaign seem to have an online presence outside The Militant.
General impression: Socialist focusing on union and race issues.
Quote: “The capitalist crisis, attacks by bosses, and workers’ resistance are worldwide phenomena. Everywhere they are driven to attack us..." --James Harris, Aug. 11, 2012

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Gary Johnson, Libertarian Party
VP: James P. Gray
Do they have the ballot access to win? Yes; on the ballot in 38 states so far, totalling 394 EVs.
Links: Libertarian Party's official site, Facebook, Twitter
Gary Johnson's official site, Facebook, Twitter 
General impression: A solid libertarian, the best-known third-partier.
Party slogan: "Minimum government, maximum freedom."

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Peta Lindsay, Party for Socialism and Liberation
VP: Yari Osorio
Do they have the ballot access to win? Not even close, at just 60 EVs. But even if they did win, neither Lindsay nor Osorio is eligible to be President. Lindsay is only 28, too young under the Constitution, while Osorio immigrated to the US as a child and is not a natural born citizen.
Links: Party for Socialism and Liberation's official site, Facebook, Twitter
Peta Lindsay's official site, Facebook, Twitter 
General impression: Hardcore socialist focusing on economic issues.
Campaign slogan: "Seize the banks - Jobs, health care and housing for all - Fight for socialism."

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Barack Obama, Democratic Party
VP: Joe Biden
Do they have the ballot access to win? Of course.
Links: Democratic Party's official site, Facebook, Twitter
Barack Obama's official site, Facebook, Twitter 
General impression: The status quo.
Campaign slogan: "Forward."

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Mitt Romney, Republican Party
VP: Paul Ryan
Do they have the ballot access to win? Of course.
Links: Republican Party's official site, Facebook, Twitter
Mitt Romney's official site, Facebook, Twitter 
General impression: A Democrat's vision of a stereotypical Republican.
Campaign slogan: "America's Comeback Team."

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Jill Stein, Green Party
VP: Cheri Honkalai
Do they have the ballot access to win? Yes; on the ballot in 35 states so far, totalling 442 EVs.
Links: Green Party's official site, Facebook, Twitter
Jill Stein's official site, Facebook, Twitter 
General impression: Left of Anderson, but right of the socialists.
Campaign slogan: "A Green New Deal for America."

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The Issue of the Day - Updated

(Update at the end.)

With the Obamacare ruling expected in a few hours, here's my in-before-the-deadline thoughts on the individual mandate. Not being a constitutional lawyer myself, as far as I can tell there are three clauses in the US Constitution that might make the individual mandate constitutional. The first and most easily dismissed is the Commerce Clause; second is the Necessary and Proper Clause; third, with the most relevance, is the Tax and Spending Clause.

The Commerce Clause allows Congress to regulate interstate commerce. If that is taken to mean actual interstate commerce, the Commerce Clause would be completely irrelevant here. Almost every state specifically prohibits its residents from purchasing out-of-state health insurance. There is no interstate health insurance market, and that is a direct, deliberate result of government policy. How then, can Congress regulate interstate commerce that doesn't even exist? Interstate commerce doesn't mean that lots of states have their own intrastate commerce. Interstate commerce has to be between states, which for most states is specifically forbidden when it comes to health insurance. At best, the Commerce Clause might allow a health insurance mandate for the three states (RI, WY, GA) that allow out-of-state insurance. Now, I haven't seen any legal expert even mention what I'm talking about, so maybe there's a really awesome legal argument for why I'm wrong. But until I find out what that is, this just seems like common sense to me.

The Necessary and Proper Clause allows Congress to do things that aren't authorized elsewhere, but that are necessary and proper to do things that are authorized elsewhere. The problem is, you won't find "health insurance" in Congress' enumerated powers. Lots of people say it's included in the Commerce Clause (see above), and I suppose it might be counted under "general welfare." But that seems like a stretch to me. Even if the public health is included in "general welfare," when you get to the point of mandating individual citizens to buy specific products from private parties, you've gone way beyond either public health or general welfare.

Even if health insurance is included under "general welfare," it's not clear to me that the individual mandate is either necessary or proper. I understand that the mandate is necessary to prevent the insurance industry from collapsing under the weight of the rest of Obamacare, but that hardly seems like a proper use of the word necessary. That's like me holding Hank's head under water, and then saying it's necessary for you to go buy scuba gear for Hank so he doesn't drown. Giving Congress extra powers to undo damage caused by exercising their other powers just seems like a bad idea to me-- the phrase perverse incentives comes to mind.

The Tax and Spending Clause allows Congress to basically tax whatever they want, as long as it applies equally throughout the country. If the individual mandate is a tax, I think it would pretty clearly be constitutional via the Tax and Spending Clause. The federal government has all kinds of taxes and credits and deductions for very specific, very personal individual behaviors, like buying a house or having a kid or giving to a list of federally-approved charities. I can't see how these would be allowed but health insurance wouldn't be.

In legal circles, the big debate is whether the mandate actually is a tax (which is allowed) or a penalty (which isn't allowed). What's the real difference? There isn't one. Right now, the law explicitly calls the mandate a "penalty," but every instance of "penalty" could be replaced with "tax" and the meaning would be no different. In fact, Congress did exactly that in the other direction-- early drafts called the mandate a tax, but the final law calls the same mandate a penalty. They do exactly the same thing. So why is one constitutional and the other not? As far as I can tell, because constitutional law is stupid. That link makes it a bit difficult to end on that note, but I really don't have a better explanation. 

Conclusion
I have no idea how the Supreme Court will actually rule in a few hours, nor is this an attempt to guess, or to sort out the legal arguments. This is just my attempt at a common sense approach to the Constitution, which is admittedly something even the Founders never intended. I may be way off-base, but based on my interpretation, the individual mandate cannot be justified under the Commerce Clause or the Necessary and Proper Clause. It probably can be justified under the Tax and Spending Clause, and even if it can't, it could be with a nearly-identical law that does the same thing but explicitly calls it a tax instead of a penalty.

Update
The full text of the ruling (193 pages) is here in PDF form. It looks like the Court agreed with me that the Commerce and Necessary & Proper Clauses do not allow an individual mandate, although for different reasons than mine. I was apparently wrong that the mandate would be unconstitutional if you called it a penalty but constitutional if you called it a tax-- constitutional law is more internally consistent (ie less stupid) than I thought. At the same time, Roberts and the four liberal justices ruled that the mandate is not a tax for purposes of the Anti-Injunction Act (ruling otherwise would have prevented the Court from even considering the case), while it is a tax for purposes of the Tax & Spending Clause. In other words, constitutional law is both more and less internally consistent than I thought. (Decide for yourself how that impacts my own internal consistency.)

I still think the individual mandate is a horrible policy, even if it is constitutional. I sincerely hope we can repeal it in 2013. I'm encouraged that individual mandates are not constitutional under the Commerce or Necessary & Proper Clauses; to be passed, they must now be passed as taxes, which will be more politically difficult. The libertarian in me also hopes that this prompts the nation into taking a good, hard look at our tax code and the wide-ranging tax powers our government has. Maybe it's time for a constitutional amendment restricting Congress' tax power.

Music Monday: Beautiful Things

From Gungor, Beautiful Things:

Recent Reasons for Optimism V

The latest installment of recent reasons for optimism was a bit delayed on account of this being the tenth day of a ten-day workweek for me. But that doesn't mean there was any less good news! There's been lots of good news in health, but there's also reasons for optimism on the economy, civil liberties and even the threat of asteroid impact.

Health

1. First the bad news-- the cytomegalovirus (CMV) infects 50-80% of people in the US, UK and Australia, and decreases life expectancy as much as smoking or drinking because of its unique effects on the immune system. Now the good news-- researchers at the University of Birmingham are working on an antiviral drug to reverse CMV's effects, potentially adding years to life expectancy. The drug has shown promise in mice, and tests on humans will begin soon. Finally, the great news-- researchers at the University of Connecticut at Farmington have genetically modified CMV to take advantage of what it does to the immune system. The result is a self-reinforcing cancer vaccine. In a study on mice, an untreated control group died of cancer within 23 days; the CMV-treated group lived for the entire length of the study.

2. A new breathalyzer can detect some kinds of cancer on your breath (ht Jason Silva). Although currently less accurate than more complicated tests, it's also far less costly, and could provide cancer screening to the poor around the world who can't afford current tests.

3. One more on cancer: Researchers have developed a patch (that looks very much like the birth control patch) that completely eliminated a certain kind of skin cancer after wearing it just three times, for three hours each. It was a very small trial, with just ten patients, but three months later the cancer was still gone from all ten patients, and after six months, there was no cancer in eight out of ten patients.

4. In Sweden, doctors have successfully transplanted a vein into a 10-year-old girl without the use of immunosuppressive drugs. They accomplished the feat by removing all of the donor's cells from the vein and replacing them with the girl's own stem cells.

Cyborgs and Robotics

5. We're one step closer to brain implants, as a team from MIT has invented a fuel cell to convert glucose in the brain into electricity that can be used by implants or prosthetics. (ht MR)

6. Picking up different kinds of objects is difficult and expensive for robots, especially when the shape of the object may not be known in advance. In an amazing example of the simplicity of innovation, a team at Cornell has found a solution using a balloon and ground coffee.



Economics

7. I've mentioned before on this blog that world income is higher than ever before and steadily increasing. Matt Ridley shares a graph showing that not only is world income higher, it's also more equitable.

8. Great news for free-traders: Both Mexico and Canada have now joined the Trans-Pacific Partnership (TPP) negotiations. The TPP, originally an agreement between New Zealand, Chile, Brunei and Singapore, is now being expanded to include the three NAFTA countries, the US, Canada and Mexico, as well as Japan, Australia, Peru, Vietnam and Malaysia. If an agreement is reached between all these countries, the TPP would become the largest free trade area in the world, comprising a full third of world GDP.

Civil Liberties and Crime

9. The Canadian government has backed down from their plan to record private conversations at border crossings and airports. What makes this even more encouraging is that this rapid about-face came in a non-election year, with the Conservatives' majority solidly in place until 2015. And it may not be just the Canadian government-- the US Department of State has withdrawn a request for bids to develop a system to monitor social media.

10. New Yorkers are striking back against that city's "stop and frisk" policy with a new app that allows New Yorkers to easily record and share video of police encounters and report them to the NYCLU. This is a small example of advancing technology being used to protect civil liberties.

11. Crime is down across-the-board. Violent crime fell by 4% from 2010 to 2011, the fifth year in a row it's fallen. That's true across the country, with every region except the Northeast seeing a drop of 4.5% or more. Property crimes were also down for the ninth year in a row, down 0.8% from 2010.

Everything Else

12. NASA scientists say there is little to no threat of a civilization-ending asteroid strike. Lindley Johnson of the Near Earth Object Observation Program says, "We know everything out there that is that big, and there is just nothing right now that's in an orbit that's any threat toward the Earth."

13. Ed Krayewski at Reason lists the "top 5 pieces of good news in the bad news." Some of his reasoning is a bit strained, but it's nevertheless an interesting list.

14. For even more optimism, check out these "21 Pictures That Will Restore Your Faith in Humanity." Among the obligatory pictures of people rescuing animals, there's a Subway restaurant giving free food to the homeless, a dry cleaner's offering free cleaning for the unemployed for job interviews, and the story of the Japanese seniors who volunteered to clean the radiation at Fukushima so the young wouldn't have to.

The Beginning is Near

From Jason Silva, The Beginning of Infinity (ht Singularity Hub):



"I am very much an optimist. I'm reminded of Rich Doyle's line from Darwin's Pharmacy. He says, 'Dreams do not lack reality. They are real patterns of information.' Or the Imaginary Foundation says that the role of human imagination is to conceive of all these delightful futures and choose the most amazing, exciting and ecstatic possibility and then pull the present forward to meet it.

"That is what we do. We bring our imaginings into existence. But I think that as technology has advanced, we have found ways to outsource our mental capacities to our tools so much more. Our ability to manipulate the physical world has increased in an exponential fashion, so we've been able to shrink the lag time between our imaginings and their instantiation in the real world.

"David Deutsch speaks in his new book The Beginning of Infinity, he says, "If you look at the topography of the island of Manhattan today, that topography is a topography in which the forces of economics and culture and human intent have trumped the forces of geology." I mean, the topography of Manhattan today is no longer shaped by mere geology; it's shaped by the human mind and by economics and by culture.

"So what David Deutsch extrapolates is that ultimately that will be the fate of the whole universe. He says gravitation and antimatter might only shape the universe at its earliest and least-interesting stages, but eventually, the whole entire thing will be subject to the intent of substrate-independent, infinitely-more-powerful minds.

"And to conceive of that just... It just makes me feel ecstatic."

There's far more from Jason Silva here.