George Will is no fan of the the “unitary executive theory.” A slice:
Presidents may unilaterally extend recognition to foreign governments, thereby establishing relations. Treaties, however, establish U.S. obligations. The president’s primacy in foreign policy does not entail the power to exclude Congress from involvement in implementing or renouncing these obligations.
Supporters of the unitary executive theory argue that the vesting of executive power in the president means a presidential monopoly of allpower connected in any way to executive duties. John Yoo, law professor at the University of California at Berkeley, brings to his advocacy of the unitary executive theory learning that is proportionate to his tenacity. He says:
“The Constitution only provides for the participation of the Senate in making the treaty; therefore, everything else regarding international agreements defaults to the president.” But his brassy “therefore” cannot disguise a non sequitur.
He says, “Unlike with legislation, where Congress can override a presidential veto, the Senate has no power to force the president to accept a treaty that he opposes.” But there is no such thing as a treaty the Senate opposes.
Yoo says leaving NATO “would certainly be a foreign-policy disaster.” But his theory insists that the Constitution relegates Congress to the role of spectator at the disaster. When a theory drags its adherents into such an intellectual cul-de-sac, the theory should be relegated to the ranks of ideas that need to be reconsidered.
For example, Trump’s Federal Trade Commission chairman, Andrew Ferguson, sent a “warning letter” to Apple CEO Tim Cook, threatening him over Apple News’ curation of news sources. “The FTC is not the speech police,” Ferguson proclaimed, saying he acted only because Apple News’ choice of sources violated its terms and conditions. Yet a close reading of those terms explicitly disclaims responsibility for content accuracy.
That’s an argument not too far removed from one made by Tim Wu, a major critic of Big Tech in the Biden White House, who recently penned a piece in the New York Times arguing that social media isn’t just speech but is instead “a defective, hazardous product.” As the Trump administration evolves, the arguments of Carr and Ferguson in favor of enforcing consumer protection standards against First Amendment activities dovetail with those of Wu. The right and the left are beginning to agree that speech is a product that should be regulated, not a fundamental right that must be protected.
The president has also attacked the First Amendment directly by leveling executive orders against law firms with former partners or associates who had worked against him. By threatening to cut off their access to security clearances and federal buildings, including possibly courthouses, the president has extracted promises of nearly a billion dollars’ worth of pro bono legal work for his favored causes.
In business, the administration is mixing public monies with private investment. Among other examples, the government obtained a minority stake in Intel and a so-called “golden share” of U.S. Steel, extracted cuts of international sales by Nvidia and AMD in return for relieving export controls, and crafted bespoke policies to guide the business strategies of corporations. The president has personally demanded the removal of the Intel CEO and a Netflix board member. At times, he has seemed to act as a sort of corporate director, laying the foundations for state capitalism. As we have seen from earlier incarnations of industrial policy — from U.S. Steel to Solyndra, and in China today — the politicization of capital always distorts markets and ends in tears.
The administration’s antitrust policy also seems to be taking a statist turn. For almost half a century, antitrust policy has been guided by the “consumer welfare standard,” which takes the politics out of regulatory enforcement by evaluating mergers and acquisitions based on their impact on consumer prices, choice, and innovation. Inexplicably, President Trump’s antitrust regulators failed to restore this modest standard. Instead, they retained the merger guidelines of the progressive antitrust regime of Biden’s progressive FTC chair, Lina Khan. The result is a hybrid “America First” antitrust policy that sounds conservative but, like the approach adopted in the Biden-Khan era, embraces the use of antitrust to direct the economy from Washington.
Donald Trump could have been the restorer of free markets. Instead, his administration is institutionalizing mechanisms that Washington can use to meddle in the operations of private business.
The Wall Street Journal talks with Manhattan Institute president Reihan Salam, the “anti-Mamdani.” A slice:
Another disdainful Salam phrase is “immaculate conception leftism”: Mr. Mamdani “will allow the private sector to do something if it’s immaculate,” which means conforming to a host of politically correct constraints. Instead, the government should get out of the way: New York “has a lot of people who want to do the perverse, insane thing of building private businesses here, of building housing here, if only you let them do it. A zero-sum narrative can win you an election, but it can’t win you the future.”
The Manhattan Institute was founded in 1978, making it a year older than its president. “It is the reason why I came to my views,” he says. “I watched the city’s transformation under Giuliani unfold in real time, and the Manhattan Institute was part of my intellectual formation.” He encountered its flagship quarterly, City Journal, in high school, and it was “rigorous, urbane, and unafraid of heterodox conclusions,” unlike anything else he was reading. “By college, the arguments of Manhattan Institute scholars on crime control, housing regulation, school choice, and much else had become a lasting influence on me.”
Nine days after winning Seattle’s November mayoral election, Katie Wilson joined Starbucks baristas on a picket line and pledged to boycott the coffee conglomerate until their union got its way. The socialist will need to wait a while longer for her caffeine fix.
In March, after Wilson took office, the chain said it would close five additional stores in Seattle, including four that had unionized. Starbucks said they were selected because of poor financial performance and bad customer experiences.
Then, last week, Starbucks announced it will establish a new corporate hub in Nashville, investing $100 million and bringing up to 2,000 jobs.
The 43-year-old Wilson, who received a $10,000 allowance from her parents last year, is defiant about the consequences of her antagonism toward successful people who create value for society.
Speaking recently at a Seattle University event, the mayor brushed off claims that taxpayers respond poorly to higher taxes. “I think the claims that millionaires are going to leave our state are, like, super overblown,” Wilson said. “And if — the ones that leave, like, bye.”
James Pethokoukis explains “why Europe produces Nobel laureates but not Elon Musks.”
Samuel Gregg reveals the statist heart of “abundance liberalism.” Two slices:
Despite these potential positives, I remain skeptical of the prospects for any long-term rapprochement between classical liberals and fiscal conservatives on the one hand, and supply-side progressives on the other. Tactical alliances in the name of realizing particular ambitions should never be off the table. Winning center-left politicians over to the cause of school choice is a good example of what can be achieved. Effecting a deeper and more strategic right-left realignment around an abundance agenda, however, is an entirely different exercise, not least because there is little alignment between the core principles of the abundance left and those of classical liberals and limited government types.
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It is exceedingly difficult to see limited government conservatives and classical liberals being willing to look past the difficulties with industrial policy. If anything, they have in recent decades become even more skeptical of industrial policy, along with the claims made by advocates of industrial policy. Smith suggests, for example, that “government-funded R&D that produces freely usable technology” produces great economic benefits, and argues that “the evidence Mariana Mazzucato assembles in The Entrepreneurial State—showing how late twentieth-century innovation often traces to government initiative—should dispel any complacent belief that government is too dumb to innovate.”
Alas, there is no shortage of scholars, such as Deirdre N. McCloskey and Alberto Mingardi in their book The Myth of the Entrepreneurial State, who have directly challenged Mazzucato’s thesis and, in doing so, have highlighted a long-standing critique of industrial policy: the sheer difficulty in establishing direct causality between industrial policy and the emergence of new technologies and industries. That puts into question the entire premise upon which the coherence of industrial policy relies. The apparent unwillingness of abundance liberals to acknowledge this point (including how it invalidates Mazzucato’s core arguments) demonstrates the depth of their attachment to 1) the use of state power in the economy and 2) a non-classical liberal conception of the nature of innovation and how economic change occurs.


In effect, constitutional order is a mutually advantageous treaty among what would otherwise be warring factions – a treaty which promotes the substitution of wealth-creating trade for wealth-reducing plunder.
In sum, if the devotees of protection want to persuade scholars to adopt their viewpoint and not mislead unsuspecting and innocent policymakers, they need to offer much more evidence in favor of their case. It will not suffice to offer half-baked arguments for infant industry protection, often relying on the post hoc fallacy, and point fingers at cases in which liberalization failed to deliver. If they insist that free trade advocates produce iron-clad evidence of a causal link between trade and growth, they must subject themselves to the same standard of proof. Or at least they must produce evidence that matches what free trade advocates have produced. To date they have not even come close to doing so.
When the federal government spends far beyond the tax revenues it has, it gets the extra money by selling bonds. The Federal Reserve has become the biggest buyer of these bonds, since it costs them nothing to create more money.
