Is There Any Hope Left For American Schools?

With the House passing a bill to limit the federal role in K-to-12 schooling and a unanimous Senate committee doing the same, it might look as if there is finally some progress in fixing the broken over-centralized national educational system.

The bill is the brainchild of education committee chairman Sen. Lamar Alexander, who claims it would “ban the federal government from mandating any sort of education standards, Common Core or otherwise.” If it becomes law, “it would lessen federal control in the education system and help calm heated debates about Common Core standards. Rather than the Feds making the decisions, the bill would allow states to create their own accountability systems and determine how much standardized tests should account for student and faculty evaluations.”

Alexander predicts he has the votes to pass the whole Senate based upon the overwhelming support of his committee, ranging from Elizabeth Warren to Rand Paul. Sen. Patty Murray is the co-sponsor. Of course, that means things have been compromised quite a bit; but it is headway made against federal control. The fact that the progressive Center for American Progress fears that the bill will weaken national standards and allow states to change one-size-fits-all “maintenance of effort” funding standards suggests things are going in the right direction.

Of course, in federal education policy, nothing is that simple. Obama officials are resisting, and so are some conservative representatives who want to allow states to opt-out of federal education controls entirely without any financial penalty. House Education Committee Chairman John Kline says he supports the concept of the conservative amendment and allowed a vote on it, but it failed. The bill passed the House without a single Democrat—who objected to the loss of federal control—and was opposed by two dozen Republicans, who said the bill did not go far enough in limiting control. Kline hopes a conference with the Senate might eliminate the test mandates and work out the other details.

The House bill would make some major changes. While, like the Senate version, it would still require states to hold annual standardized tests in reading and math from third to eighth grades and once again in high school, and publish data on results, it would allow students to opt out of tests without loss of federal funds. It would largely allow states to spend federal money as they pleased and would not require them to meet federal benchmarks for success. States would still be required to intervene in local schools that need improvement, but the type and number of interventions would be up to the states. A new provision called “portability” would allow federal funds to “follow the child” if he or she transferred to a school not covered by current law.

Alexander’s response, in a The Hill newspaper interview, to conservatives who think the bill does not go far enough was, “If you leave No Child Left Behind like it is, you are leaving in place a national school board and a Common Core mandate. From a Republicans or conservative point of view, I would think you would want to move away from that.”

It will be a tough call for conservatives who have been at the forefront of the twin activities that have led to Congressional willingness to consider reform: the movements to limit the national education standards regime called Common Core, and the one in the states promoting charter schools, often at the urging of governors, now overwhelmingly Republican. While touted as originating in the states, Common Core sputtered until President Obama used his Race To The Top legislation to promise to moderate some No Child Left Behind Act burdens and to acquire new financial grants if states adopted Common Core standards. In 2010, Obama ordered that all federal education grants be conditioned on adopting the standards. Even with this pressure, bipartisan majorities in Congress and in many states have now soured on Common Core.

The other grassroots reform of offering charter alternatives to traditional public schooling has become almost mainstream. Today, a majority of students in the overwhelmingly Democratic District of Columbia have escaped failing public schools to enroll in charters. Even Democratic New York Governor Andrew Cuomo has supported raising the limit on the number of charter schools, which has been the main teacher association strategy to stifle the idea. Democratic Mayor Bill de Blasio, the Democratic majority in the New York lower legislative body, and the teachers unions are the last holdouts against reform even in the Empire state. Even President Obama concedes American education is failing. There is a growing understanding that bureaucratization, union self-interest, and method-over-substance do not work.

One of the pioneers of entrepreneurial education and advocates for lifting governmental restrictions on innovation argues the movement must now go further. Bob Luddy, chairman and founder of a $300 million commercial kitchen ventilation company, CaptiveAire, based in Raleigh, North Carolina, created one of the state’s early charter schools, Franklin Academy, in 1998. He started with a handful of students in a single location. Franklin now has 1,650 students at five locations in two K-2 schools, two 3-8 schools, and a $9 million high school. With a 1,500 student waiting list, Franklin has perhaps the largest demand for admission in the country. After making his own charter school a success, Luddy was instrumental in increasing North Carolina’s numerical limit on charters to make similar opportunities available for other parents and their children.

Although less regulated than traditional public schooling, charters are subject to pressure from well-funded education lobbyists interested in limiting charter competition to their union-dominated public school clients. Unfortunately, they have been more successful than not. Frustrated by such charter restrictions, Luddy concluded that true reform must free itself from state bureaucratization. With the knowledge garnered by previously founding a religious private high school called St. Thomas More Academy with 180 students, he launched a classical curriculum private school he called Thales Academy, named for the Greek philosopher. Today Thales Academy boasts 1,700 students and 150 faculty in three K-5 locations and two 6-12 locations in the greater Raleigh area, with an average growth rate of 15 percent per year.

Luddy’s educational philosophy parallels that of his business: keep overhead low and deliver quality to customers. Administrators are few and sports are de-emphasized. As Luddy told the American Spectator, “A lot of people say you shouldn’t talk of education as a business, but the reality is, it is a business.” The weakest elements he sees in current education are rules that limit innovation, weak curricula, and high costs. Private education is the answer to the first, rigorous classical education to the second, and business acumen to the third. Luddy provided all three.

Thales’ test scores are higher than even charter schools. Where the average building cost for a new public school nears $100 million, Thales delivered it for $10 million. Student tuition is $5,300 per year for kindergarten through fifth grade and $6,000 for sixth through 12th grades at Thales, compared to $11,000 for the average local private school and $9,000 (in per pupil cost) for public schooling. Now Luddy wants to take his idea national. “My idea was that parents should have hundreds of choices, whereas currently if they go to the public school system, they have one maybe two. They have precious few choices. Once you open up competition, the choices will be abundant.”

It is a long road from Alexander’s first steps away from centralized administration, content-less curriculum and vanilla character training, and expensive and politicized teacher-oriented rather than student-focused education today to Luddy’s ideal of thousands of private schools offering choice by actually educating America’s youth. But, at last, there is some sense of hope.

The views expressed in this opinion article are solely those of their author and are not necessarily either shared or endorsed by WesternJournalism.com.

This post originally appeared on Western Journalism – Equipping You With The Truth

How To Fight The Bureaucratic State

Is there anything more clear in the Constitution than the fact that “All legislative powers herein granted shall be vested in a Congress of the United States”? Nevertheless, there are currently about 23,000 pages of federal laws passed by Congress and almost 80,000 pages of regulations by executive bureaucracies.

Until recently, no one seemed to care. But in 2010, House Republicans appealed to the rising Tea Party movement by pledging to “require congressional approval of any new federal regulation that has an annual cost to our economy of $100 million or more.” In 2011, Rep. Geoff Davis introduced just such a bill; the “Regulations from the Executive In Need of Scrutiny” (REINS) Act passed the House with the support of all 237 Republicans, and four Democrats. But President Barack Obama pledged to veto it, and a similar bill sponsored by Sen. Rand Paul died in the Democratic Senate.

Congress, of course, has always been able to override bureaucratic rules even without REINS. However, as the Heritage Foundation’s James Gattuso has noted, the process is cumbersome. To try and address this, Congress adopted “expedited resolutions of disapproval” in 1996, to encourage up-or-down votes to reverse counterproductive bureaucratic regulations. Since that time, however, Congressional reluctance to override the president and the politicians’ fears of taking responsibility for controversial regulatory acts has resulted in only one such disapproval passing Congress, allowing all other rules to go into effect. REINS is aimed at forcing legislative responsibility by requiring every rule with a large economic impact to obtain specific approval from each house, without which the regulation would never go into effect.

With newfound Republican control of the Senate following the 2014 elections, there has been a renewed interest in passing such a bill. Of course, President Obama would still veto it; and Democrats will make it very difficult to corral the 60 votes needed to pass the Senate. With this solution stymied, top regulatory expert Wayne Crews proposes creating a bipartisan commission to identify regulations that must be voted upon by Congress to remain in effect. Even that has met substantial opposition, including from some frightened Republicans.

Substantive objections to requiring Congressional approval are few and weak. The best that the progressive Center for Effective Government could do was to warn that this would allow Congress to “second-guess agency expertise and science on food safety, worker safety, air pollution, water contamination, and a host of other issues.” But even disregarding the fact that bureaucratic expertise in these areas is often more in the promise than in performance, is not voting on such issues precisely what the Founders expected Congress to do?

As Crews notes, the number of federal regulations has been exploding. “While an utterly imperfect gauge, the number of pages in the Federal Register is probably the most frequently cited measure of regulation’s scope, which unintentionally highlights the abysmal condition of regulatory oversight and measurement. At the end of 2014, the page count stood at 78,978, the fifth highest level in the Register’s history.” He estimates the real cost (mostly hidden in “guidance’ and sotto-voice threats) could be higher than the formal debt of $18 trillion.

In an important Frazer Institute essay published in What America’s Decline in Economic Freedom Means for Entrepreneurship and Prosperity, Crews notes the baleful results:

An astounding 92 million Americans are not working, positioning labor-force participation at a 36 year low, with nearly 12 million having dropped out during the Obama administration. Data point to high debt per capita, and to the highest part-time and temporary-job creation rates in contrast to full-time career positions. A popular blog laments the “slow death of American entrepreneurship.” Headlines tell painful tales, like that of January 2015 in Investor’s Business Daily reporting on businesses dying faster than they’re being created, a circumstance the Washington Post had noted in 2014. Likewise, a Brookings study on small business formation noted declining rates, as did a Wall Street Journal report on reduced business ownership rates among the young. One recruiter described to the Wall Street Journal how regulations undermine employment, while others point to an inverse correlation between regulation and innovation.

The World Economic Forum’s “burden of government regulation” places the U.S. the 87th most onerous of 144 nations globally on complying with administrative regulations on business.

Indeed, Supreme Court Justice Clarence Thomas has recently questioned the entire logic and wisdom of regulatory delegation. First, in Perez v. Mortgage Bankers, he asked whether the Court’s precedent in Seminole Rock, requiring judicial deference to executive interpretation of regulations, improperly “represents a transfer of judicial power to the Executive Branch.” He says that decision “precludes judges from independently determining” the meaning of laws and unfairly favors the executive against the legislative branch in interpreting the law.

In Department of Transportation v. Association of American Railroads, Thomas even demanded judicial review of the Court’s whole existing standard, which delegates rulemaking to the executive as long as there is an “intelligible principle” in the law to guide the executive. Thomas argues, to the contrary, that that principle has become “boundless” today, undermining the original constitutional understanding of legislative power.

Pretty much everyone knows the regulatory system is broken and probably unconstitutionally so; but nothing ever changes. The executive loves to boss folks around, Congress is afraid to act, and the courts are so isolated they actually think the regulators know what they are doing.

Just in time to prevent despair, however, the nation’s most inventive social scientist, Charles Murray, has written another ground-breaking book, mischievously titled By the People: Rebuilding Liberty Without Permission. Murray concludes that the government is incapable of changing its ingrained irresponsibility, so he suggests that reform should be initiated by the people themselves.

Murray starts with the fact that there are so many federal regulations on so many daily behaviors that it is impossible for the regulators to enforce them. The traffic police can issue tickets on rural roads, but they cannot enforce reasonably-over-the-speed-limit driving on crowded highways. It is the same with regulators. They can only effectively police when few disregard the rules. They can then come down good and hard on them. Most settle without a trial, knowing that bureaucratic courts are rigged against them.

Murray would create a Madison Fund named for the father of the Constitution to provide legal assistance to the public, which is encouraged to simply ignore the screwiest regulations. If Americans refused to obey irrational regulations and were backed by an insurance-like fund that would provide legal support to, and publicity for, those unreasonably harassed, regulators themselves would soon learn not to enforce indefensible rules.

Murray believes it would only take a few wealthy contributors to get the Fund established, and that trade associations might get into the business too. Congress might even find enough courage to act constitutionally, if enough people get involved. There are many devils in the details, but sign me up anyway.

The views expressed in this opinion article are solely those of their author and are not necessarily either shared or endorsed by WesternJournalism.com.

This post originally appeared on Western Journalism – Equipping You With The Truth

The Enduring Spoils System

At the very pinnacle of the progressive agenda to make government competent stands civil service administration — the process that produces the scientific experts required to staff the government and deliver its promised welfare state benefits effectively and efficiently to the people.

Not everyone was convinced it would work, the old Democratic city machines being especially suspicious of the whole undertaking. Its most eloquent, if dialectally differently abled, critic was the legendary Plunkitt of Tammany Hall as William L. Riordon portrayed him in his immortal treatise of the same name.

Reflecting on the need to staff New York City government with good men in the early days of the 20th century, Democratic Party leader George Washington Plunkitt ruminated: “There are 10,000 good offices, but we can’t get at more than a few hundred of them. How are we goin’ to provide for the thousands of men who worked for the Tammany ticket? It can’t be done.

“I know more than one young man in past years who worked for the ticket and was just overflowin’ with patriotism, but when he was knocked out by the civil service humbug he got to hate his country and became an Anarchist.

“I have good reason for sayin’ that most of the Anarchists in this city today are men who ran up against civil service examinations. Isn’t it enough to make a man sour on his country when he wants to serve it and won’t be allowed unless he answers a lot of fool questions about the number of cubic inches of water in the Atlantic and the quality of sand in the Sahara Desert?”

Good boss Plunkitt need not have been concerned. By the middle of the century, the spoils system was back in operation, although not the one that had supported his poor Irish constituents. For the past 34 years, the United States Civil Service has mothballed its merit-based civil service examinations and reintroduced spoils.

I was actually present when merit was abandoned, as head of the civil service agencies transition team for Ronald Reagan in 1980. As the Jimmy Carter presidency was winding down that year, the Department of Justice and U.S. Office of Personnel Management (OPM) lawyers colluded in a “consent decree” with their private civil rights activist buddy lawyers to end civil service IQ examinations because minorities did not score as highly on them, claiming discrimination simply because of the results alone.

I was unable to convince our lawyers to contest the decree, so the court ordered an end to IQ exams for a decade. But the ban has been extended to this very day.

Obviously, one cannot run an institution, even a government isolated from market discipline, without some assessment of applicants. So merit exams were replaced with various “tests” based on resumes, self-assessments, and recommendations. The current test is called USAJobs and is a self-assessment of one’s own skills and qualifications.

Obviously, no one fails when assessing oneself, although the suspicion is that honest applicants are penalized for more accurate evaluations. But clever insiders discover the key words that enhance their odds of being hired.

Obviously, such exams hardly narrow the search for good employees. Agencies that are serious about finding qualified scientists, engineers, security agents, etc., are overwhelmed by applicants; and they cannot tell who will actually be qualified to do the work. There are enough breeches of White House security and FBI forensic incompetence already.

What do the bureaucrats do? They select people they know. If one cannot use a merit test, what else could one do? In fact, the overwhelming number of mid-to-upper level vacancies in the federal government is filled by what are called “name requests.” It is a spoils system, but of bureaucratic acquaintances rather than political pals. Nepotism is still illegal in Washington, but how about accepting some friend’s relatives if she will do the same for you? Who could tell?

The reason for this civil service history lesson is that after all these years, OPM is planning to introduce a merit examination that it calls USAHire. It has been quietly testing it since 2012 in a few agencies for a dozen job descriptions. The tests actually have multiple choice questions with only one correct answer. Some questions actually require essay replies — questions that change regularly to depress cheating.

OPM deserves high praise for this audacity. Unfortunately, it will not last. The federal unions have now been informed, and the old dynamics will inevitably return. Test results will soon reveal that some minority or another will not pass the exams at levels as high as others. Discrimination will be charged. And the government will relent and go back to its old bureaucratic buddy spoils system.

As Plunkitt fully understood, politics changes; but human nature does not.

The views expressed in this opinion article are solely those of their author and are not necessarily either shared or endorsed by WesternJournalism.com.

This post originally appeared on Western Journalism – Equipping You With The Truth

Are You A Discouraged Conservative? Then This Book Is A Must-Read…

The Conservatarian Manifesto: Libertarians, Conservatives, and the Fight for the Right’s Future, Crown Forum

Charles C.W. Cooke’s The Conservatarian Manifesto is a delightful call for a fusion of conserva(tive) and (liber)tarian ideals into a new synthesis that can lead the right to victory after eight years under George W. Bush “ruined its reputation, giving conservatism a bad name.”

“Republicans spent too much, subsidized too much, spied too much, and controlled too much.” The GOP “abandoned its core principle of federalism, undermined free trade, favored the interests of big business” over a free market, “used government power to push social issues too aggressively” and “lost its reputation for fiscal restraint, constitutional propriety and mastery of foreign affairs.” He justifies his indictment in crisp prose and difficult-to-dispute facts.

The best news is that Cooke’s solution is federalism and decentralization. The difference between the left and right, he argues, is that conservatives and libertarians do not insist on telling people hundreds and thousands of miles away how to live their lives. Progressive philosophy “is built upon the core belief that an educated and well-staffed central authority can determine how citizens should live their lives.” But, he argues, Utah and New York, indeed New York City and Buffalo, are very different places and deserve very different policies. Federalism is the answer.

In one of his few references to philosophical sources, Cooke questions whether it is even possible to run things well from the center. He references Nobel laureate F.A. Hayek’s magisterial “The Use of Knowledge in Society” to demonstrate that decisions must be left to people who are familiar with specific circumstances and know directly of resources and the changes in them necessary to make rational decisions. President Obama admits that many national agencies are “outdated” and “designed poorly,” but he proceeds to utilize them to dramatically change and affect peoples’ lives. The result is today’s governmental dysfunction.

The intellectual elite in the media and education simply keep repeating the progressive mantra, blind to any alternative. The differences between this refrain and conservatarianism, Cooke insists, are fundamental and “utterly irreconcilable.” The solution for the right is to build competing institutions to influence those with an open mind as it has already begun through alternative media, talk radio, journals, and think tanks. He concedes these are no match to the resources of establishment progressivism but is optimistic that the young represent “a generation of nonconformists” who will adopt his conservatarianism if it is presented attractively to them.

A sound platform must begin with the Constitution, the fount of federalism. But its central message is distorted by progressive intellectualism reading its prejudices into that document. He quotes progressive icon Woodrow Wilson that “The Constitution was not made to fit us like a straightjacket. In its elasticity lies its genuine greatness.” The conservative response should be the “simple idea” that “law should continue to mean what it meant when it was adopted,” which progressives seem to understand except when it comes to the Constitution. Before the progressive revolution, courts did not find black or female suffrage hidden somewhere in the Constitution. They required amendments, as required explicitly in Article V, which were in fact adopted in the 13th, 14th, 15th, and 19th amendments. Today, rights to sodomy, gay marriage, abortion, and the like are “discovered” in a Constitution that has nothing to say about them. Although he seems to concede past anti-federalist interpretations, his basic solution is to defend that document as written, leaving issues not in the Constitution to the states and using the amendment process when national change is thought necessary.

At least in theory, Cooke’s manifesto preaches rational balance in foreign policy. He identifies himself as a firm believer in American world leadership but finds that “a contingent on the right that is hostile to the heady interventionism of the Bush years is a healthy thing indeed. [But] That there is a tendency to extend this skepticism beyond prudence into all out disengagement is worrying.” America, he believes, “can lead without needing to rush to the scene of every fire in every corner of the world.” Military spending should be privileged, but the right should be in the forefront of “rallying against waste” and against using defense for pork-barrel spending.

Many conservatives will be upset with Cooke on social issues. On the positive side, he is a serious opponent of gun control and attributes the right’s success on this issue to having “the facts on its side” in a local-oriented policy (ignoring the Heller decision) that respects legitimate desires for protection and sportsmanship as well as differences between central city and rural life. Years of drug control policy (beginning with Wilson in 1914) have been a failure because it is national and cannot take into account local differences. It discriminates against African Americans, makes the U.S. the world leader in prison populations, and has contributed to the militarization of police forces. Drug policy should be decentralized to relate to local circumstances.

Cooke becomes provocative when he claims the whole idea of “social issues” is a myth. Each policy instead requires a pragmatic approach sensitive to different circumstances. Although specifying he is an atheist, he says abortion is settled by the simple and coherent argument that “a life is a life and that anybody who is interested in individual liberty is duty bound to protect the innocent.” Gay marriage is different. While Americans tend to oppose abortion—at least after the first three months—a large majority now support gay marriage.

Surprisingly, Cooke does not support the libertarian solution of privatizing marriage but does say that there is no Constitutional right to gay unions. The problem is that government is so intertwined in marriage that in a practical sense, either gay unions must be recognized–or gays must be deprived of too many government services, even ones libertarians recognize. Indeed, contracts cannot allow every human relationship (e.g. bondage or slavery); so the state cannot be excluded even when it is just enforcing free contracting. The solution again is local, to work out specific real-world difficulties. Minimally, those who do not wish to offer services to such marriages should not be coerced to do so.

Overall, Cooke presents a lively and interesting discussion of issues that should be widely read especially among America’s millennials and younger generations. This rising cohort should just buy the book and stop reading this review.

To older generations, the book reminds one of Athena emerging full grown from the skull of Zeus. Here is an argument for some type of traditional and libertarian fusion written by an intellectual at the magazine National Review, who seems to have no idea that his magazine had developed the whole concept of conservative fusionism a half century earlier. Its founder William F. Buckley Jr., an editor named Frank Meyer, and their acolytes promoted the idea of a conservatism based upon a synthesis between pursuing traditional value ends and utilizing free means to do so. While preferring “tension” to “fusionism,” both Buckley and Meyer adopted the latter as the least objectionable designation. At least it iterates better than conservatarianism.

Cooke’s omission is mitigated by the fact he is British by birth and young and so would have no reason to know this history. Yet, it is remarkable that no one at the magazine alerted him to its paternity. Perhaps no one remembers. The current mini revival of fusionism (the Heritage Foundation, Philadelphia Society, Intercollegiate Studies Institute among others) apparently passed them by. Indeed, this lineage traces back much further. As Meyer and Hayek both emphasized, the fusion of freedom and tradition was derived from the medieval synthesis of faith and reason that formed European civilization culminating in the Magna Carta, which in turn was grounded on St. Paul’s synthesis of Greek and Jew that created Western Christendom.

But these big issues are not required to enjoy this bright, reasonable to the max, and readable book. It is a good place for the younger generation to begin the long journey back from monochromatic utopian thinking, especially the modern progressive version being force-fed to them at their colleges and universities every day.

This post originally appeared on Western Journalism – Equipping You With The Truth

Islamic State Authorization For Military Force Scrambles Washington

Islamic terrorists

Barack Obama’s request for a formal Congressional authorization to use military force (AUMF) against the Islamic State has produced the most amazing responses. Everyone seems to be switching sides, and one cannot tell the players without a scorecard.

Senate Armed Services Committee Chairman John McCain went from earlier introducing a new War Powers Act requiring the president consult with Congress if he plans military action lasting more than seven days to saying, “To restrain [the president] in our authorization of him taking military action, I think, frankly, is unconstitutional and eventually leads to 535 commanders in chief.” Ranking Foreign Relations Democrat Robert Menendez went from introducing a more restrictive AUMF in December to supporting the president’s broader authority now.

For the past several months, as the Islamic State or ISIL has expanded from Syria into Iraq and created a large non-state “caliphate,” the U.S. has responded with air strikes to blunt its advances. The president had argued that he was already authorized to respond by an AUMF enacted in the wake of the 9/11 attack in 2001 that gave him power to use:

all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.

Both parties had argued this was inadequate and requested the president submit a new AUMF that specifically covered ISIL. Now, neither side is sure they want one. The leftist Huffington Post fumed that Obama’s proposal represented a “rubber stamp for his perpetual war.” Coming from the opposite side, the rightist Real Clear Politics complained that the president’s new AUMF actually “prohibits him from using force” and will bind his successors from taking necessary military action.

Criticism was widespread because Obama’s proposal is quite vague. First, it did not revoke the 2001 AUMF. It did not even claim a new authorization was necessary to continue fighting ISIL, or that the earlier authorization could not still allow even greater force in the future. Does this mean that any limitations in the new version could be overridden by the earlier version? Does it mean that if the new version is approved and expires in 2018 that an ISIL war could continue afterwards under the earlier version? Or could the president’s general commander-in-chief powers override both AUMFs? If so, why is a new authorization necessary at all?

Second, the new proposal “does not authorize the use of the United States Armed Forces in enduring offensive ground operations.” This was proposed to satisfy the majority in the Senate opposed to using ground forces. But what does “enduring” mean? What is offensive as opposed to defensive action?  Third, besides allowing military force against ISIL, it also authorizes action against “associated persons or forces’’ defined as “individuals and organizations fighting for, on behalf of, or alongside ISIL or any closely-related successor.” What is “closely-related”? As ISIL is supposedly close to al-Qaeda under the 2001 version, even though the two forces have now formally separated and even fight each other?

Former Attorney General Michael Mukaesy (and David Rivkin) support McCain in arguing that the Constitution forbids Congress from restricting the president on military policy: “Congress cannot restrain the president’s core authority to wage war, even when congressionally-imposed restrictions are minor.” Mukaesy claims, “The Founders were careful to vest responsibility for waging war in a unitary executive, rather than a multi-member legislature.” Of course, this former attorney general knows the Constitution did give Congress the power to “raise and support armies,” “provide and maintain a navy,” and “declare war,” and that the “careful” vesting in the president is merely as its “commander in chief” without any specifics.

Former Assistant Attorney General Jack Goldsmith responded: “Some of Congress’s very first authorizations of force, in the quasi-war with France in the 1790s, authorized the President to use only limited military means (U.S. armed vessels) against limited targets (certain French armed vessels). The Supreme Court recognized these limits in Bas v. Tingy.” Indeed as Goldsmith and Curt Bradley argued, “most authorizations to use force in U.S. history have been of this limited or partial nature. (For more on the constitutionality of this longstanding practice, see the evidence and arguments in this article by Barron and Lederman).”

Even the normally coolheaded seem flabbergasted by recent ISIL and other extremist attacks. To make the case that these are no longer “normal times,” Daniel Henninger cites ISIL’s beheadings in Iraq, its immolation of a Jordanian pilot, and also its Libyan offshoot beheading 21 Egyptian Coptic Christians, Nigeria’s Boko Haram’s capture of young women with its murders spilling into Niger and Chad, terrorist acts and anti-Semitism in France and Denmark, and Russian aggression in Ukraine. He criticized President Obama for his decision “not to deploy American resources” in his “thought-out, brutal and unapologetic” policy that ignores the international environment only so that he can institute a leftist domestic agenda in the United States.

While understanding his frustration, can Obama’s foreign policy really be described as not deploying American resources when he proposes a defense budget of $585 billion for the coming year? He is managing a major drone and air-centered antiterrorism policy in Iraq, Afghanistan, Syria, and elsewhere. As Huffington Post’s Marjorie Cohen stated from an opposing perspective: “Obama has launched 2,300 airstrikes in Iraq and Syria since August 8, 2014. In his six years as president, he has killed more people than died on 9/11 with drones and other forms of targeted killing in Pakistan, Yemen and Somalia — countries with which the United States is not at war.”

Moreover, coalition commander Lt. General James L. Terry believes the current limited strategy against terrorism is working. President Obama’s policies certainly can be questioned, but how do they relate to the atrocities Henninger and the public are rightly concerned about? Could they have been avoided by the most active policy imaginable, including occupation of all nine nations mentioned? Even holding local leaders accountable with their lives cannot force weak and dysfunctional governments to control their angry and divided populations.

ISIL’s despicable acts should not panic the West to run off in all directions without a rational plan. The continuing problems in Iraq and Afghanistan after such great human and material cost over so many years should give one pause. So should Atlantic editor Graeme Wood’s warning that ISIL’s plan is to draw the U.S. further into the morass.

A serious Congressional debate on a new AUMF provides a real opportunity to move from emotion to serious thinking about U.S. interests and what can and should be done about advancing them in this very complex and dangerous world.

The views expressed in this opinion article are solely those of their author and are not necessarily either shared or endorsed by WesternJournalism.com.

This post originally appeared on Western Journalism – Informing And Equipping Americans Who Love Freedom