Wall Street Journal columnist Gerard Baker decries the moral relativism now busily further corroding U.S. public policy. Two slices:
Moral relativism is enticing. It enables me to establish the moral value of everything I do by reference to the behavior of others. It allows me to avoid censure by judging my intentions, choices and actions not on the basis of whether they are intrinsically right or wrong, but by the lesser standard of whether someone in a similar position might have done something similar.
It is deeply corrosive of personal mores and social trust. Over time it dulls the conscience to any moral hierarchy. It is never a legal defense and shouldn’t be a moral one.
Moral relativism is hardly new in public life. Self-exoneration through false moral equivalence by public figures is as old as time itself. But when it becomes the controlling ethical architecture of public behavior, we are in serious trouble. Its effect is to give leaders permission to do just about anything they want, unconstrained by guilt, shame or political sanction. Moral relativism and the ratchet effect will ensure that there is always some precedent close enough to persuade people to shrug even when confronted with some evidence of genuine turpitude on their own side.
We’ve been descending this spiral for a long time, but as with just about everything to do with the gargantuan figure of Donald Trump, his behavior has accelerated the descent.
His corrosive effect on norms of ethics, language and, for that matter, conservatism, has been amplified by the eager acquiescence of the Republican Party in the process.
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Misdirection is a convenient tool of relativism. Look at the latest mind-numbing assault on sanity of the president’s new tariffs on Canada. The obvious legal, political, moral, diplomatic and economic monstrosity of a president unilaterally imposing a tax on imports because he was upset by something that a Canadian provincial government decided to show on television is literally without precedent. Yet a lot of people on the right have spent the last week explaining how Mr. Trump was essentially right to say Ronald Reagan “loved” tariffs more than those wicked Canadians claimed. (He didn’t, but truth is another casualty of moral relativism.)
GMU Econ alum David Hebert has this great letter in today’s Wall Street Journal:
Shyam Sankar’s recommendation that the U.S. copy China’s industrial policy is compelling but misguided (“Why the China Doves Are Wrong,” op-ed, Oct. 18). State-led industrial policy makes economies weaker, not stronger.
Researchers at Stanford found that receipt of billions of dollars in direct subsidies from Beijing was “linked with lower firm productivity growth and only modest growth in R&D spending in subsequent years.” A recent International Monetary Fund working paper argues that China’s industrial policy has led to reduced aggregate productivity.
To beat Beijing, we ought to allow its products to reach the hands of productive Americans. We have 12.7 million workers employed in manufacturing; China has some 212 million. That they only produce twice as much “manufacturing value” as we do despite having more than 16 times as many workers is evidence enough that we needn’t embrace their policies.
David Hebert
American Inst. for Economic Research
Scott Lincicome explains why Cato Institute trade scholars are writing to the U.S. Supreme Court. A slice:
In particular, President Trump and his administration have made fantastical claims in both legal filings and in public about supposed calamities that would befall the nation’s economy and foreign policy if the Court were to strike down the president’s ability to impose tariffs under the International Emergency Economic Powers Act (IEEPA). As my Cato colleagues Colin Grabow, Clark Packard, and I explain in our brief, the administration’s claims—including that an adverse decision would bring about another “1929-style” depression, bankrupt the US government, and leave the United States at the mercy of foreign adversaries—are groundless. Yet we worried that their repeated utterance—and a lack of correction from people who know better—risked shifting the Court’s attention away from the legal arguments that should dictate the cases’ outcome, misinforming the Court about the IEEPA tariffs’ effects, and manufacturing public outrage in response to a Court ruling against them.
So, we felt compelled to respond in an official amicus filing.
As we explain in the brief, the government’s policy claims are not only inaccurate but also ridiculous. Our arguments—citing decades of US trade policy and history and reams of economic analysis—show that the president’s ability to impose tariffs under IEEPA is, contrary to the government’s assertions, not essential for 1) negotiating and finalizing trade agreements; 2) imposing so-called “reciprocal” tariffs; 3) conducting US foreign policy; 4) reversing the nation’s fiscal trajectory; 5) preventing a US economic collapse; 6) blocking retaliation by foreign governments against US trade and investment; or 7) restoring American manufacturing and the defense industrial base. We also explain that, again contrary to the government’s claims, 8) IEEPA tariff refunds need not be administratively difficult; 9) the government would not be obligated to repay foreign investment commitments; and 10) the IEEPA tariffs are rewriting US trade law without Congress.
Jack Nicastro reports on a Virginia-based company that says that Trump’s tariffs punitive taxes on Americans’ purchases of imports makes business planning impossible. A slice:
Bill Crutchfield founded his company in 1974 as a car stereo mail-order business operating out of his mother’s basement in Charlottesville, Virginia. Despite nearly filing for Chapter 7 bankruptcy the year of its founding, Crutchfield successfully pivoted from a traditional retail business to an audio equipment information company in 1975. Since then, the company has grown to over 600 employees, and last year, the consumer electronics retailer celebrated its semicentennial, but Trump’s International Emergency and Economic Powers Act (IEEPA) tariffs threaten the future of this American success story.
Like many American businesses, “the only available suppliers and vendors” for many of Cruthfield’s products “are overseas,” according to the company’s brief. China alone accounts for 60 percent of Crutchfield’s products, making the 145 percent tariff on Chinese imports threatened in April particularly galling. Although this triple-digit duty was lowered to 55 percent in June, the initial tariff rate and the trade war that has escalated since have impacted Crutchfield, which makes “decisions to cancel or scale back purchase orders from overseas vendors…long before retailers know if their worst fears are realized.”
Crutchfield explains that “tariffs imposed today, and the threat of additional tariffs imposed tomorrow, matter.” If the president has “unprecedented, unilateral, and unreviewable authority to set tariffs…then Crutchfield cannot plan for the short term [or] the long run because it cannot possibly predict what the household electronics it sells will cost.” Compounding the unseen cost of unrealized revenue, Trump’s tariffs could amount to a $200 billion annual tax on small businesses, according to the Chamber of Commerce.
Charles Lane, writing at The Free Press, explains that “the tariff case being heard next week might be the biggest test of the court’s legitimacy in over 200 years. And the Constitution is clearly not on Trump’s side.” Four slices:
Today’s justices should not be swayed by the undeniably huge short-term stakes. Instead, they should take the long view, as did Justice Robert H. Jackson, who described how not to decide such a case in his opinion on another monumental clash between the judiciary and the executive.
“The tendency is strong,” Jackson wrote in a 1952 opinion concurring with a six-justice majority that rejected President Harry S Truman’s wartime seizure of the U.S. steel industry, “to emphasize transient results upon policies. . . and lose sight of enduring consequences upon the balanced power structure of our Republic.”
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If the Supreme Court endorses Trump’s theory and IEEPA stays on the books, it would license future presidents—of either party—to declare “emergencies” and use them to levy tariffs with no debate or vote by the people’s elected representatives. One man would have the power to shape and reshape the entire global economy by decree. If the framers intended the Constitution to prevent anything, it was that.
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True, courts generally give the president latitude on matters of foreign policy and international negotiations. But the Constitution specifically carved out “duties” and “imposts”—tariffs—as Congress’s purview in the section of the Constitution devoted to the legislative branch. And it did so in part because tariffs are not a purely international matter. In fact, Americans, like the small importers who are suing to block Trump’s levies, pay them.
The Supreme Court should not bend and stretch IEEPA’s words to fit Trump’s actions, as the president and his defenders are urging. They should heed the words of Justice Jackson, whose experience as a former adviser to President Franklin D. Roosevelt made for a better guide to the contours of presidential power “than the conventional materials of judicial decision which seem unduly to accentuate doctrine and legal fiction,” as Jackson put it in his 1952 opinion.
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To preserve the separation of powers, the rationality of economic policymaking, and the Supreme Court’s own legitimacy, the justices should rule crisply and cleanly that IEEPA gave President Trump no authority to impose the tariffs he decreed to deal with the fentanyl crisis or on Liberation Day.
Such a ruling would not “destroy America,” as Trump warned but, in a very real sense, preserve it. The American Revolution was fought—and the Constitution written—to inhibit one-man emergency rule, not to facilitate it.
Corey DeAngelis reveals “the perverse incentives of teachers’ unions.”
Aidan Grogan reviews Dean Spears’s and Michael Geruso’s After the Spike. A slice:
Echoing the economic insight of Julian Simon, the co-authors note that “a good idea does not get used up.” The world is not a fixed pie, and population growth contributes to an increase in “non-rival innovation,” which benefits everyone through greater technological progress. One person’s good idea “gets copied and reapplied, endlessly.” The results of the famous wager between Julian Simon and Paul Ehrlich have demonstrated that we aren’t going to run out of resources and starve to death in a Malthusian catastrophe. As Simon correctly predicted in his 1981 book The Ultimate Resource, a rising number of “skilled, spirited, and hopeful” people results in more ingenuity, abundance, and lower prices over time
In the years 1990–2019, global food production surged by 61 percent as the world population increased by 45 percent. In that same period, global extreme poverty fell from over one-third to less than 10 percent, and the prices of commodities became much cheaper, as Simon anticipated. Apart from wars or government mismanagement, famines have virtually disappeared.
Despite these vast improvements in material well-being, many are still gravely worried about climate change and the impact of 8.2 billion people on the earth’s ecosystems. Spears and Geruso take the threat of global warming seriously, but they also showcase how depopulation is not a path to decarbonization. Nor is there a theoretical or historical relationship between population size and particulate air pollution. Whether the population stabilizes or declines, the global temperature is still forecast to rise. “Billions of lives lived would make a small difference to this big problem,” they said.