Man of the Year 2013

The Rise of the Libertarian Republican:

Rand Paul and Justin Amash

Sen. Rand Paul (R-KY) led historic filibuster on drone policy at Brennan CIA chief nomination
Courtesy of the Grey Lady

Congressman Justin Amash (R-MI) , courtesy of AP via Politico
NSA Reform Amendment drew significant bipartisan  support

I don't want to set unrealistic expectations here; for example, a bipartisan majority steamrolled over libertarian resistance to renewal of the Patriot Act in 2011. And Congressman Amash found himself stripped of his coveted Budget Committee membership after last year's election (House GOP leadership was unhappy with his more libertarian/independent voting record). Speaker Boehner has been chafing over an increasing assertiveness of a conservative/libertarian coalition dissatisfied with baby steps on fiscal and healthcare reform; he has accused Tea Party and conservative groups of putting their ideological agenda above the interests of the American people in the ObamaCare defunding government shutdown several weeks back (which showed the GOP taking a temporary hit in the polls before the ObamaCare website debacle) and the recent Ryan-Murray budget compromise. (Note that the bipartisan vote for the compromise carried better than 3-1.) Big businesses, disliking uncertainty over federal fiscal policy, are openly talking about backing more conventional challengers to, e.g., Justin Amash.  Certainly to the extent Boehner is taking on these groups, he feels that he is holding the upper hand and doesn't consider them a threat. I certainly don't underestimate the difficulty of finding common ground with a spendthrift Dem-controlled Senate and White House, but, for example, we felt the recent Ryan compromise as a giveback on the hard-won sequestration achievement.



So in what way do I consider the year of the libertarian Republican? After all, the Dems would not be constantly and ludicrously attacking the Tea Party, if the soundbite didn't work in focus groups; the Tea Party has become a pejorative, a scapegoat for dysfunctional Washington. As I've mentioned, Speaker Boehner has become more assertive in his criticism.

I think the answer is, we have to recast what we consider political victory. The Democrats have taken big hits on ObamaCare and can't co-opt blame with the GOP because not one Republican voted for it; it's not just a badly implemented website. Gitmo is still open; 5 years into a recovery, the economy still isn't adding enough jobs to make a dent in the long-term unemployed picture. As senator, Obama promised to cut the deficit in half (from Bush levels) and voted against raising the debt ceiling.  He had concerns over our involvement in the Middle East/Gulf Region;  he did not support Patriot Act fishing expeditions, and the unilateral use of military force by the President (vs., say, his actions on Libya, drones, etc.) Many Democrats have been uneasy over President vs. Senator Obama's policies. This has provided an opportunity for libertarian  Republicans to fashion a distinctive agenda with bipartisan appeal.

Ron Paul started this agenda by working with Alan Grayson on a limited Fed audit a couple of sessions back, and he did get a more comprehensive audit bill to pass the House last session (although Reid killed it in the Senate). Rand Paul used the nomination of counter-terrorism guru John Brennan  to protest drone policy being extended by the Administration over domestic skies.  (I have also been sharply critical of Obama's use of drones in countries which Congress has not specifically authorized: I consider the use unconstitutional, and as for domestic purposes, I have constitutional objections to any use without due process for any relevant target.) There was a 'Mr. Smith Goes to Washington' look and feel to Paul's filibuster that captured the nation's imagination.

Then Amash, in the wake of the Snowden NSA revelations, got  205 votes bipartisan votes, a baker dozen votes shy of carrying (or 7 vote flips) in reining in the NSA.

What's next on the libertarian Republican agenda? Can they maintain their momentum? Well, Amash is preparing to make another go at NSA reform. I'm not sure; at some point, I think we could see movement on federal decriminalization of marijuana on tenth amendment grounds, given decriminalization in certain states. (Note: I personally oppose weed, but I'm worried about the high cost of  prosecuting the ineffective War on Drugs and among the highest incarceration rates among the developed economies.) I could also see a more pointed attack on ObamaCare, in particular the universally despised IPAB and attempts to address the federal government's exposure in the college loan bubble and home mortgage market. There are possible issues with so-called financial reform (and "too big to fail"), and corporate tax reform is long overdue. But I also expect the Obama Administration to continue to overplay its hand, just as it has in aggressively pursuing leaks and whistleblowers.

A number of other libertarians have singled out Snowden for Man of the Year honors. As I explained in a recent post, I do think the American people have a right to know about the government spying on them without due process (like a warrant). However, he violated his contract and the conditions of his security clearance, and his theft went beyond the published NSA revelations.