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T H E H O OV E R I N S T I T U T I O N • S TA N F O R D U N I V E R S I T Y
The Hoover Institution on War, Revolution and Peace is celebrating its hundredth year at
Stanford University. Today both an active public policy research center and an internationally
recognized library and archives, the institution was established at Stanford in 1919 by Herbert
Hoover, a member of Stanford’s pioneer graduating class of 1895 and the thirty-first president
of the United States.
Herbert Hoover’s 1959 statement to the Board of Trustees of Stanford University continues to
guide and define the Institution’s mission in the twenty-first century:
“This Institution supports the Constitution of the United States, its Bill of Rights, and its
method of representative government. Both our social and economic systems are based on
private enterprise, from which springs initiative and ingenuity. . . . Ours is a system where
the Federal Government should undertake no governmental, social, or economic action, except
where local government, or the people, cannot undertake it for themselves. . . . The overall mis-
sion of this Institution is, from its records, to recall the voice of experience against the making
of war, and by the study of these records and their publication to recall man’s endeavors to
make and preserve peace, and to sustain for America the safeguards of the American way of
life. This Institution is not, and must not be, a mere library. But with these purposes as its goal,
the Institution itself must constantly and dynamically point the road to peace, to personal
freedom, and to the safeguards of the American system.”
By collecting knowledge and generating ideas, the Hoover Institution seeks to improve the hu-
man condition with ideas that promote opportunity and prosperity, limit government intrusion
into the lives of individuals, and secure and safeguard peace for all.
S TA N F O R D U N I V E R S I T Y
HOOVER DIGEST
R ESE ARC H + O P IN ION ON P U B LIC P OLICY
Fall 2018 • HOOV ER D IG EST.OR G
The Hoover Digest explores politics, economics, and history, guided by the
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ASSOCIATE
ON THE COVER DIRECTORS
On November 11, 1918, the guns fell silent CHRISTOPHER S. DAUER
on the Western Front, bringing the Great DENISE ELSON
War to a close. This French war-bonds COLIN STEWART
poster from late in the war, with its soldier ERYN WITCHER TILLMAN
and ragged banner, hints at the conflict’s (Bechtel Director of Public Affairs)
gargantuan trail of destruction. It stands
ASSISTANT
in stark contrast to an earlier poster by the DIRECTORS
same artist, Jules-Abel Faivre (1867–1945),
which portrayed an eager soldier running SHANA FARLEY
toward the action and crying out, “We’ll get MARY GINGELL
JEFFREY M. JONES
them!” The armistice a hundred years ago
CHARNETTE RICHARD
ended the war, and many illusions about
KAREN WEISS
war, but not the war’s suffering. See story,
page 202.
MICHAEL FRANC
Director of Washington, DC,
VISIT HOOVER INSTITUTION ONLINE | www.hoover.org Programs
HOOV E R’ S C E N T E N N IA L
9 Timeless Values
Director Thomas W. Gilligan looks ahead to the Hoover
Institution’s anniversary and to another century of defending
America’s core values. By Bill Whalen
GOV E R N M E NT GR OW T H
15 Entitlements: What We Must Do
For some seven decades, entitlement programs have grown
almost continuously—and yet, even now, it may not be too
late to bring them under control. Adapted from Hoover fellow
John F. Cogan’s Hayek Prize lecture.
DE M O C RACY
24 The Original “Great Game”
Duels between hegemons are as old as history itself. The
nations wrestling over the fate of the world in our own time:
China and the United States. By Stephen Kotkin
35 Contending Populisms
Populist movements can either check political hubris or make
it worse. By Victor Davis Hanson
H O O V E R D IG E ST • Fall 2018 3
L AW AN D LIBE R T Y
42 Baking Bad
Half-baked reasoning in the Masterpiece Cakeshop case
left the most important question unanswered: How far does
freedom of expression extend? By Richard A. Epstein
HE A LT H CA R E
51 Savings for All
Health savings accounts already drive down the cost of health
care. Now we should offer them to everyone. By Scott W.
Atlas
T HE ECO N OMY
61 You Could Google It
Economic analysis makes it clear: the efforts to break up big
tech companies just don’t compute. By Richard Sousa and
Nicolas Petit
69 Diesel Duplicity
In the name of climate change, European policy makers
nudged millions of drivers into diesel-powered cars, swapping
hypothetical hazards for real ones. By Paul R. Gregory
T EC H N OLOGY
80 Guardians and Gatekeepers
Every fresh form of communication adds to propaganda’s
toolkit, but computers have unleashed profound new powers
of disinformation. Tech titans need to insist on a transparent,
open Internet. By Ralph Peters
E DUCAT ION
88 Teachers Need Sympathy—and Reform
Teaching can be a tough, poorly paid job. But teachers need to
recognize that respect must be earned, and that their unions
are doing them no favors. By Chester E. Finn Jr.
H O O V E R D IG E ST • Fall 2018 5
IRA N
92 A Sorry Bargain
Weak from the start, the Iran nuclear deal was a fragile
political commitment that left Congress out in the cold. By
Jack Goldsmith
95 A Deal Worse
President Trump’s scrapping of the joint nuclear deal is a
godsend to Iran’s beleaguered leaders. It will also breed more
Russian and Chinese interference. By Abbas Milani
T HE M ID DL E E AST
110 Hapless in Gaza
The world continues to feed Palestinians’ delusions that
they will one day return to land that is now part of Israel—
encouraging the Palestinians to spurn peaceful solutions that
could actually be attained. By Peter Berkowitz
AS IA
136 Two Roads
Why did Japan and China take such divergent paths into the
modern world? By Mark Koyama
IN T E RVIE WS
150 “We’re Accountable to You”
Defense Secretary James Mattis, a former Hoover fellow, on
running the Pentagon: “You go in, roll up your sleeves, and go
to work.” By Peter Robinson
H O O V E R D IG E ST • Fall 2018 7
CA L IF ORNIA
169 Sunny Delusion
California recently enacted a law requiring solar roofs on all
new homes. Wasteful and pointless, the measure will damage
the state’s economy while doing nothing about climate change.
By Lee E. Ohanian
HOOV E R A R C HIVE S
189 Revolution Comes to Stanford
Remembering Alexander Kerensky: leader of the short-lived
Russian Provisional Government that ruled between the
czar and the Bolsheviks, he spent his later years at Stanford,
hoping for “the resurrection of liberty in my land.” By
Bertrand M. Patenaude
H OOVER’ S CE N T E N N IAL
Timeless Values
Director Thomas W. Gilligan looks ahead to the
Hoover Institution’s anniversary and to another
century of defending America’s core values.
By Bill Whalen
Bill Whalen: Since September 2015, Tom Gilligan has served as the Tad
and Dianne Taube Director at the Hoover Institution as well as a Hoover
senior fellow. We persuaded Tom to move to California from the great state
of Texas. Before becoming the Hoover Institution’s director, Tom was dean of
the McCombs School of Business at the University of Texas at Austin.
This July Fourth was the 242nd anniversary of the founding of this republic,
and for a lot of people a day off from work to spend with the family. But the Fourth
is also a day for reflection, Tom, and I’m going to read you a couple of quotes from
some famous people. I want you to reflect on what freedom means to you.
First, let’s start with Thomas Jefferson, who wrote, “The cost of freedom is
eternal vigilance.”
Let’s now shift to Ronald Reagan, with whom a lot of fellows in this institu-
tion have had a personal or working relationship. Reagan said, “Freedom is
one of the deepest and noblest aspirations of the human spirit.”
Thomas W. Gilligan is the Tad and Dianne Taube Director at the Hoover Insti-
tution. Bill Whalen is a research fellow at the Hoover Institution and the host of
Area 45, a Hoover podcast devoted to the policy avenues available to America’s
forty-fifth president.
H O O V E R D IG E ST • Fall 2018 9
Then there’s someone who cast a very long shadow over this institution. It
was the late, great Milton Friedman who said, “A society that puts equality
before freedom will get neither. A society that puts freedom before equality
will get a high degree of both.”
Thomas W. Gilligan: I agree with all of them. I started my adult life as a ser-
viceman in the Air Force. I was a Russian linguist. This was a time in the Sev-
enties, when the Cold War was going strong. There were two pretty evident
contrasts with America and the freedom it offered: China and Russia—the
Soviet Union at the time—and neither placed freedom very high up on its list
of priorities. The advantages of freedom were paramount, evident, and worth
fighting for. I think you really have to prioritize freedom
to get anywhere as a society.
What Jefferson said is exactly right: freedom
isn’t a naturally occurring state. It’s some-
thing that has to be worked for all the time.
Our current secretary of defense, Jim
Mattis, whom we all know from his time
here as a Hoover fellow, says this all the
time. It really is something that you have
to protect, and nurture, and guard against
erosion all the time.
Gilligan: Yes.
Whalen: Right.
Gilligan: I think it’s a civic culture issue. The way to deal with it is just stand
up to it, and speak out against boorish behavior that infringes upon people’s
freedoms.
Whalen: The challenge to this society is whether or not we can have an adult
conversation about these basic rights.
Gilligan: I’m not confident right now that we can have adult conversations
about much.
We really are polarized, particularly at the elite level. David Brady and Mo
Fiorina have talked about that a lot in your podcast. But again, I’m not for
any legislative solutions. I’m just for trying to wait it out, and talk through
it, and work through it.
We have all come from
families where we had “What Jefferson said is exactly right:
uncomfortable din- freedom isn’t a naturally occurring state.
ners. Where we end up It has to be worked for all the time.”
mostly hollering at each
other. The point is just to show up to dinner the next night, and see if the
conversation can be more productive; and the next night and the next night.
We owe it to each other as citizens to engage with one another, even if we
disagree vehemently.
Whalen: Right. Let’s talk about freedom through the lens of the Hoover
Institution, Tom. Hoover likes to put freedom into three channels. One is
individual freedom. The second is economic freedom. The third is political
freedom.
H O O V E R D IG E ST • Fall 2018 11
I think part of what “freedom” is about is just avoiding the scourge of
war—allowing people to flourish, and grow, and prosper in peace to let their
freedoms take flight. That’s a core issue.
Gilligan: Well, after Hoover had stepped down from the presidency, America
went through this very deep and complex debate about what the role of the
government would be in assuring economic prosperity, or at least security.
Through the New Deal,
we had Social Secu-
“With freedom comes responsibility. rity and various kinds of
Shouting people out of a restaurant is government programs
probably taking your freedoms too far.” designed to address
economic need.
Former president Hoover pushed back against that. He was worried that
the broad level of economic security guaranteed by the government would
necessarily infringe upon the freedom of people to explore their economic
opportunities and options, and to start new businesses. He was concerned
about the tax burden necessary to carry a very large central government that
guaranteed economic prosperity or security. I think he also anticipated a lot
of the concern we have now about regulation in the administrative state.
The laws and regulations would limit people’s economic freedom and
prosperity. This is where Milton Friedman is a great voice: he was quick to
recognize that you don’t have many freedoms at all if you don’t have eco-
nomic freedoms.
The mission of the Hoover Institution was augmented in 1959 to have us
work on public policy research that highlighted the value of free enterprise.
The value of limited and constitutional government, government that didn’t
intrude too much in economic decisions. A government that followed the
rules as opposed to be being arbitrary and capricious. That’s a very big part
of the research we do.
Gilligan: Very strong. We had Milton Friedman and Gary Becker, who have
passed away. Today we have John Taylor, a clarion call on monetary policy.
Ed Lazear and Michael Boskin, former chairmen of the Council of Economic
Advisers. A young stable of economists, including John Cochrane. John Cogan,
who has a stunning new book on the history of entitlements in this country.
Gilligan: We have a great group of political scientists and other people who
study liberty and democratic governance. Which political systems are best at
preserving the kind of liberty associated with human flourishing and well-
being? Another issue is trickier for the times: what role should America play
in promoting or encouraging the dissemination or diffusion of democratic
processes around the world?
Whalen: I want to read you a passage from the good book—not the Bible,
but Herbert Hoover, American Individualism. Here is what he writes: “Our
individualism differs from all others because it embraces these great ideals:
that while we build our society upon the attainment of the individual, we shall
safeguard to every individual an equality of opportunity to take that position
in the community to which his intelligence, character, ability, and ambition
entitle him; that we
keep the social solu-
tion free from frozen “This is where Milton Friedman is a
strata of classes; that great voice: he was quick to recognize
we shall stimulate that you don’t have many freedoms at all
effort of each individ- if you don’t have economic freedoms.”
ual to achievement;
that through an enlarging sense of responsibility and understanding we shall
assist him to this attainment; while he in turn must stand up to the emery
wheel of competition.”
Herbert Hoover passed away in 1964. He did not live to see what’s going on
in America today. How would Herbert Hoover make sense of what’s going on
today?
H O O V E R D IG E ST • Fall 2018 13
strategic plan of the Hoover Institution, designed to answer the questions,
“What do we want to be in the second century? What do we want to aspire
to? What we want to do?” We want to apply the values of the Hoover Institu-
tion to research that informs public policy. And to propagate it, not only to
policy makers in Washing-
ton and the states but also
“Which political systems are best at to ordinary people—to
preserving the kind of liberty asso- the public that wants to
be informed about these
ciated with human flourishing and
issues. The occasion of
well-being?”
our centennial celebra-
tion just affords us the opportunity to remind everybody what our values
are. How durable they are. How they can take flight in current public policy
debates.
Excerpted from Area 45, a Hoover Institution podcast. © 2018 The Board
of Trustees of the Leland Stanford Junior University.
GOVERNME N T GROWT H
Entitlements:
What We Must Do
For some seven decades, entitlement programs
have grown almost continuously—and yet, even
now, it may not be too late to bring them under
control. Adapted from Hoover fellow John F.
Cogan’s Hayek Prize lecture.
By John F. Cogan
E
ntitlements were never far from F. A. Hayek’s mind as he wrote
about the dangers of the collectivist state. While he focused in
The Road to Serfdom on the consequences of government control
over the means of production, he also presciently warned us that
“the demand for security may become a danger to liberty.” His chapters in
The Constitution of Liberty on the rise of the welfare state, Social Security,
and income redistribution reflect his growing concern about the dangers of
entitlements. Their growth over the past six decades confirms the validity of
Professor Hayek’s concerns.
The title of my book The High Cost of Good Intentions is an apt descrip-
tion of how we should see the problem created by entitlements. Entitlement
programs have been established with the best of intentions—intentions that
spring from the natural human desire to help those who are in need through
John F. Cogan is the Leonard and Shirley Ely Senior Fellow at the Hoover Insti-
tution and a member of Hoover’s Shultz-Stephenson Task Force on Energy Policy,
the Working Group on Economic Policy, and the Working Group on Health Care
Policy.
H O O V E R D IG E ST • Fall 2018 15
no fault of their own. But over time they have evolved into a costly, complex
system that now transfers hundreds of billions of dollars each month from
one group in society to another, with little regard for actual human need.
They have strayed far from their well-intentioned goals. How far? Consider
the following: In 2016,
H O O V E R D IG E ST • Fall 2018 17
The very first major entitlement program, the Revolutionary War pen-
sion program, illustrates well the operation of the equally worthy claim. The
original program limited disability pensions to members of the Continental
Army and Navy who were
injured in battle and to
widows of those killed
in battle. Starting
from this narrow
base and honorable
intentions, Congress
first extended eli-
gibility to members
of state militias and
volunteers. Eventually
benefits were granted
to virtually all soldiers
who had served in
the war, regardless of
whether or not they
were disabled.
NINETEENTH-CENTURY SPLURGES
The underlying forces that drove nineteenth-century veterans’ pensions are
evident as drivers of modern entitlements.
The original Social Security program was premised on old-age poverty
protection and covered only about 60 percent of the workforce. Today,
its coverage is universal and, along with its sister program, Medicare,
H O O V E R D IG E ST • Fall 2018 19
the two programs allow middle class seniors to enjoy a comfortable
retirement.
The original Social Security disability program helped only persons fifty
and older who were permanently and totally disabled. Today, it provides
benefits regardless of age and to workers who are temporarily or partially
disabled.
The original Medicaid program was a medical supplement mainly for
unmarried welfare mothers, and poor elderly and disabled persons. Today,
one in every four non-elderly persons in the United States is on the program.
The excesses of nineteenth-century entitlements were every bit as egre-
gious as today’s. A good example is the Navy disability pension program.
Until the 1840s, Navy pensions were paid from a trust fund financed by prize
money from the capture
of foreign vessels. With
The “equally worthy claim” is a major
the trust fund experienc-
cause of bloated entitlements.
ing large annual surplus-
es, Congress passed the Jarvis Bill in 1837. The law granted widows’ pensions
that were retroactive to the date of their Navy husbands’ death.
The law produced stunningly large awards. One Sarah Fletcher, the widow
of Captain Patrick Fletcher, was awarded benefits back to his untimely
death in the year 1800. In today’s dollars, the retroactive benefit would total
$628,000. Many others received retroactive awards in excess of $100,000 in
today’s money, and the Jarvis Bill soon bankrupted the Navy trust fund. After
1841, most Navy pensions were financed by general revenues.
Compare the Navy trust fund problem with twentieth-century examples:
Social Security and Medicare. As a result of benefit increases enacted during
years of trust fund surpluses, these two programs now provide the typical
married couple who reach age sixty-six with cash and health care benefits
that are worth over a million dollars over their remaining lives, after adjust-
ing for inflation. Not surprising, the trust funds that finance both programs
are heading toward bankruptcy.
A WELL-WIELDED VETO
The 220-year history of US entitlement legislation has been one of nearly
continuous, incremental liberalizations. There are, however, a few notable
efforts to rein in entitlement programs.
Grover Cleveland provides us with the first, though not so successful,
attempt. During the 1870s and 1880s, Congress adopted the rather disgrace-
ful practice of granting large numbers of Civil War pensions to specific
H O O V E R D IG E ST • Fall 2018 21
expenditures, the majority of which were World War I pensions, accounted
for 25 percent of the budget, so they had to be on the chopping block.
Seven days after taking office, the president proposed that Congress
repeal all major veterans’ pension laws and allow him to unilaterally restrict
eligibility and cut benefits. Ten days later, Congress passed the so-called
Economy Act in accordance with his wishes. A few months later, the adminis-
tration issued regulations that by year’s end had drastically reduced pension
expenditures.
Enacting and maintaining these reductions in the face of a congressio-
nal backlash took all of the president’s formidable skills. He then placated
protesting veterans who had camped out in the capital by sending his wife,
Eleanor, to listen to their stories, sing songs, and sympathize with them.
Ronald Reagan provides us with another example of a president success-
fully tackling entitle-
ments. President Reagan
The typical married couple who reach followed FDR’s model,
age sixty-six are offered cash and proposing entitlement
health care benefits worth more than changes to achieve a
a million dollars (after inflation) over larger goal of putting
the economy and federal
their remaining lives.
finances on a sounder
footing. Also like FDR, Reagan backed up his actions with a strong public
policy argument for his reforms. He achieved his successes early and then
successfully battled Congress’s attempts to reverse his policies. The entitle-
ment spending restraint achieved by his administration is unmatched by any
other administration in US history.
H O O V E R D IG E ST • Fall 2018 23
D EMOCRACY
D EMOCRACY
The Original
“Great Game”
Duels between hegemons are as old as history
itself. The nations wrestling over the fate of the
world in our own time: China and the United
States.
By Stephen Kotkin
G
eopolitics didn’t return; it never went away. The arc of history
bends toward delusion. Every hegemon thinks it is the last; all
ages believe they will endure forever. In reality, of course, states
rise, fall, and compete with one another along the way. And how
they do so determines the world’s fate.
Now as ever, great-power politics will drive events, and international
rivalries will be decided by the relative capacities of the competitors—their
material and human capital and their ability to govern themselves and their
foreign affairs effectively. That means the course of the coming century will
largely be determined by how China and the United States manage their
power resources and their relationship.
Just as the free-trading United Kingdom allowed its rival, imperial Ger-
many, to grow strong, so the free-trading United States has done the same
with China. It was not dangerous for the liberal hegemon to let authoritarian
Stephen Kotkin is a senior fellow at the Hoover Institution and the John P. Birke-
lund ’52 Professor in History and International Affairs in the Woodrow Wilson
School and History Department of Princeton University. His latest book is Stalin:
Waiting for Hitler, 1929–1941 (2017, Penguin Press).
H O O V E R D IG E ST • Fall 2018 25
world’s largest economy and most
powerful country, with an estimated
40 percent share of global GDP.
Then it entered a long decline,
ravaged from without and within—
around the same time the United
States was born and began its
long ascent to global dominance.
The United States’ rise could not
have occurred without China’s
weakness, given how important
US dominance of Asia has been
to American primacy. But nor
could China’s revival have
occurred without the United
States’ provision of security
and open markets.
So both countries have
dominated the world,
each has its own
H O O V E R D IG E ST • Fall 2018 27
extraordinary. But those same policy makers and their descendants weren’t
prepared for success when it happened.
Globalization creates wealth by enticing dynamic urban centers in richer
countries to invest abroad rather than in hinterlands at home. This increases
economic efficiency and absolute returns, more or less as conventional eco-
nomic theory suggests. And it has reduced inequality at the global level by
enabling hundreds of millions of people to rise out of grinding poverty.
But at the same time, such redirected economic activity increases domes-
tic inequality of opportunity and feelings of political betrayal inside rich
countries. And for some of the losers, the injury is compounded by what feels
like cultural insult, as their societies become less familiar. Western elites
concentrated on harvesting globalization’s benefits rather than minimizing
its costs, and as a result, they turbocharged the process and exacerbated its
divisive consequences.
Too many convinced themselves that global integration was fundamentally
about economics and sameness and would roll forward inexorably. Only a
few Cassandras, such as the political scientist Samuel Huntington, pointed
out that culture was more powerful and that integration would accentuate
differences rather than dissolve them, both at home and abroad. In 2004, he
noted that in today’s America, a major gap exists
between the nation’s elites and the
general public over the
salience of nation-
al identity
H O O V E R D IG E ST • Fall 2018 29
China’s industriousness has been
phenomenal, and the country has
certainly earned its new position. But
it could never have achieved what
it has over the past two generations
without the economic openness and
global security provided by the United
States as a liberal hegemon. From the
late nineteenth and into the twentieth
century, the United States—unlike
the Europeans and the Japanese—
spent relatively little effort trying to
establish direct colonial rule over
foreign territory. It chose instead
to advance its interests more
through voluntary alliances,
multilateral institutions, and
free trade. That choice was
driven largely by enlightened
self-interest rather than
altruism, and it was backed
up by global military
domination. And so the
various multinational bodies and processes of the postwar system are actu-
ally best understood not as some fundamentally new chimera called “the
liberal international order” but as mechanisms for organizing and extending
the United States’ vast new sphere of influence.
Strong countries with distinctive ideologies generally try to proselytize,
and converts generally flock to a winner. So it should hardly be surpris-
ing that democracy, the rule of law, and other American values
became globally popular during the postwar years, given the
power of the US example (even in spite of the fact that
US ideals were often more honored in the breach than
the observance). But now, as US relative power has
diminished and the US brand has run into trouble,
the fragility of a system dependent on the might,
competency, and image of the United States has
been exposed.
H O O V E R D IG E ST • Fall 2018 31
China, too, has a thuggish and corrupt authoritarian regime, and it, too,
has proved far more adaptable than most observers imagined possible. Its
elites have managed the development of a continent-sized country at an
unprecedented speed and scale, to the point where many are wondering
if China will dominate the world. In 1800, one would have expected China
to dominate a century later—and instead, Chinese power collapsed and
American power skyrocketed. So straight-line projections are perilous.
But what if that early-nineteenth-century forecast was not wrong but
early?
Authoritarianism is all-powerful yet brittle, while democracy is pathetic
but resilient. China is coming off a long run of stable success, but things
could change quickly. After all, Mao Zedong led the exact same regime and
was one of the most barbaric and self-destructive leaders in history. Just as
many people once assumed that China could never rise so far, so fast, now
some assume that its
rise must inevitably
The United States—unlike Europe and
continue—with as
Japan—chose to advance its interests little justification.
through voluntary alliances, multilateral Xi’s decision to
institutions, and free trade. centralize power has
multiple sources, but
one of them is surely an appreciation of just how formidable are the prob-
lems China faces. The natural response of authoritarian regimes to crises is
to tighten their grip at the top. This allows greater manipulation of events
in the short term, and sometimes impressive short-term results. But it has
never yet been a recipe for genuine long-term success.
Still, for now, China, backed by its massive economy, is projecting power
in all directions, from the East China and South China Seas, to the Indian
Ocean, to Central Asia, and even to Africa and Latin America. Wealth and
consistency have combined to yield an increasingly impressive soft-power
portfolio along with the hard-power one, enabling China to make inroads into
its opponent’s turf.
Australia, for example, is a rich and robust liberal democracy with a high
degree of social solidarity and a crucial pillar of the American order—and
it happens to be smack in the path of China’s expansion. Beijing’s influence
and interference there have been growing steadily over the last generation,
both as a natural consequence of economic interdependence and thanks to a
deliberate long-term campaign on the part of China to lure Australia into a
twenty-first-century version of Finlandization. Similar processes are playing
H O O V E R D IG E ST • Fall 2018 33
much politicians and pundits would squeal. But cases of successful peaceful
retrenchment are rare, and none has started from such an apex.
History tells us nothing about the future except that it will surprise us.
Three-dimensional printing, artificial intelligence, and the onrushing digital
and genetics revolutions
may upend global trade
Western elites concentrated on har- and destabilize the world
vesting globalization’s benefits rather radically. But in geopoli-
than minimizing its costs. tics, good outcomes are
possible, too—realism is
not a counsel of despair. For today’s gladiators to buck the odds and avoid
falling at each other’s throats like most of their predecessors did, however,
four things will be necessary. Western policy makers have to find ways to
make large majorities of their populations benefit from and embrace an
open, integrated world. Chinese policy makers have to continue their coun-
try’s rise peacefully, through compromise, rather than turning to coercion
abroad, as well. The United States needs to hew to an exactly right balance
of strong deterrence and strong reassurance vis-à-vis China and get its
house in order domestically. And finally, some sort of miracle will have to
take care of Taiwan.
DEMOCRACY
Contending
Populisms
Populist movements can either check political
hubris or make it worse.
P
opulism is seen today as both a pejorative and a positive noun.
In fact, in the present age, there are two sorts of populism. Both
strains originated in classical times and persisted in the West
until today.
One, in antiquity, was known as the base populism. It involved the unfet-
tered urban “mob,” or what the Athenians disapprovingly dubbed the ochlos
and the Romans disparagingly called the turba. Such popular movements
were spearheaded by the so-called demagogoi (“leaders of the people”) or in
Roman times the more radical popular tribunes.
These were largely urban movements. Protesters focused on the redistri-
bution of property, radical democratization, taxes on the wealthy, the cancel-
lation of debts, vast increases in public entitlements, and civic employment.
The French Revolution and European upheavals of 1848 reflect some of the
same themes. Today, Occupy Wall Street, Antifa, Black Lives Matter, and
Victor Davis Hanson is the Martin and Illie Anderson Senior Fellow at the
Hoover Institution and the chair of Hoover’s Working Group on the Role of Mili-
tary History in Contemporary Conflict. He is the recipient of the 2018 Edmund
Burke Award, which honors those who have made major contributions to the de-
fense of Western civilization. His latest book is The Second World Wars: How
the First Global Conflict Was Fought and Won (Basic Books, 2017).
H O O V E R D IG E ST • Fall 2018 35
the Bernie Sanders phenomenon all stand in the same current. Often, urban
intellectuals, aristocrats, and elites—from the patrician Roman Republican
street agitator Publius Clodius Pulcher and the Jacobin Maximilien Robe-
spierre, to present-day billionaires like George Soros and Tom Steyer—have
sought to assist the urban protesters. Perhaps these gentleman-agitators
thought they could offer money, prestige, or greater wisdom, thereby chan-
neling and elevating shared populist agendas.
The antithesis to such radical populism was likely thought by ancient
conservative historians to be the “good” populism of the past—and what the
contemporary media
might call the “bad”
Burke argued for a healthy consistency: populism of the pres-
“In what we improve we are never ent: the pushback of
wholly new; in what we retain we are small property owners
never wholly obsolete.” and the middle classes
against the power of
oppressive government, steep taxation, and internationalism, coupled with
unhappiness over imperialism and foreign wars and a preference for liberty
rather than mandated equality. Think of the second century BC Gracchi
brothers rather than Juvenal’s “bread and circuses” imperial Roman under-
class, the American rather than the French Revolution, or the tea party
versus Occupy Wall Street.
The mesoi, or “middle guys,” both predated and remained somewhat at
odds with contemporary radical Athenian democracy. Yet these agrar-
ian property-owning classes were also originally responsible for the Greek
city-state and thus for Western civilization itself. The Jeffersonian idea of
preserving ownership of a family plot, and passing on farms through codified
inheritance laws and property rights, were the themes of the constitutions
of the early polis. The citizen—neither a peasant nor a subject—remained
rooted to a particular plot of ground, and thereby enjoyed the tripartite
rights of citizenship: military service, voting rights in the assembly, and the
ability to be self-supporting and autonomous. The mesoi, then, lent stability
to otherwise often volatile consensual politics.
age. Burke, of course, saw through the French Revolution, while earlier hav-
ing appreciated elements of the American cause. It is also understandable
that Burke can be sourced to refute the current dangerous relativism of the
radical left, while defending classical liberalism from the excesses of populist
nationalists and mindless mobs on the right.
But Burke often emphasized the stability of the property-owning middle
classes and their custodianship of custom and tradition: the “unchang-
ing constancy” that Burke argued ensures that “in what we improve we
are never wholly new; in what we retain we are never wholly obsolete.”
An ample property-owning class serves as a bulwark against confiscatory
anarchy and revolutionary nihilism, as well as the excesses of monarchial
and aristocratic insider and client autocracy. Likewise, that keen observer
H O O V E R D IG E S T • Fall 2018 37
of early-nineteenth-century Americanism, the French nobleman Alexis de
Tocqueville, in his Democracy in America, saw America’s unique strength in
the populist influence of a nation of small agrarians. Such property owners
were suspicious of both hereditary aristocracy and monarchy, and yet were
economically autonomous enough to resist radical calls for government-
enforced equality.
Yet somehow the contemporary conservative movement and the Repub-
lican Party have confused a traditionally destabilizing populism with the
ancient restorative populism, or clumsily feared both equally.
Obviously, we are no longer, as was true at our founding, a nation largely
composed of yeoman
farmers. But in modern
Many Americans confuse a tradition- terms, the ownership of
ally destabilizing populism with the a house, a business, or
ancient restorative populism. perhaps even a retire-
ment savings plan is the
equivalent of Burke’s stewardship of property and tradition. Ancient Ameri-
can ideas like the right to bear arms and an end to inheritance taxes still
reflect Tocqueville’s interest in maintaining the viability of a large middle
class suspicious of both rich and poor. But in our modern context, the trajec-
tory of contemporary Republicanism has been largely to downplay culture,
especially the effects of globalization and deindustrialization on traditional
small communities of property-owning citizens. That neglect led to startling
political repercussions in 2016.
Illegal immigration and open borders were accepted as an unpreventable—
or even an almost natural occurrence, with largely positive results for both
the left and right. In collective fashion, liberals championed the poor arriving
on their own terms from Central America and Mexico in expectation of their
permanent political support. They sought and received the changing of the
Electoral College demography of the American Southwest.
Many Republicans, foolishly, either wished for cheap labor or deluded
themselves into thinking that amnestied, impoverished illegal immigrants
would soon vote for family-values conservatives.
Neither party worried much about the insidious destruction of immigra-
tion law, much less how federal laws that were otherwise applicable to most
Americans could be arbitrarily ignored by a select few or how wages of entry-
level workers were driven down by imported labor. Few conservatives raised
the objection that mass influxes of illegal aliens, mostly non-diverse, poorly
educated, and without skills, were difficult enough to assimilate quickly
H O O V E R D IG E ST • Fall 2018 39
When, during the 2016 campaign, a crass Manhattan billionaire real estate
developer began campaigning in terms of the first-person plural pronoun—
our miners, our workers, our farmers—few emulated him. Most rivals were
convinced apparently that he would prove as irrelevant as those to whom he
appealed. Yet again, in Burkean terms, assembly-line workers, clerks, miners,
loggers, fabricators, welders, and builders had been the traditional bulwarks
of thousands of American communities. Their loss of viable livelihoods—at a
time when their products were often highly coveted—was a radical prescrip-
tion for cultural suicide.
So into this conundrum came Donald Trump, as a sort of self-described
fixer, loudmouth, nationalist populist, or perhaps even a tragic hero of sorts.
Of course, the very word
“heroic” in conjunction
Globalization without concern for its with the name Trump
cultural effects is most un-Burkean. appalls half the coun-
try, as do terms such as
“nationalist” and “populist.” Nonetheless, one way of understanding both
Trump’s personal excesses and his appeal to red-state America is that his
not being traditionally presidential may have been valuable in bringing long-
overdue changes in foreign and domestic policy—and in rediscovering the
middle-class populists hidden beneath the nose of the Republican Party.
The billionaire Trump was able to connect with red- and purple-state vot-
ers in a way past Republican candidates had not—and not just in terms of his
signature and unorthodox focus on issues such as trade, globalization, and
illegal immigration. Trump, the person, mattered just as much. Throughout
Trump’s invectives a number of messages were implicit.
One, Trump, by his manner of speaking, his temperament, and his vulgar-
ity, was not embedded in the existing establishment or Washington power
structure, and thus in theory he was not beholden to it in either the way he
spoke or acted.
Two, like Homer’s Achilles, or Sam Peckinpah’s Wild Bunch, he was a dis-
ruptive force who could end a common threat (in the mythological fashion of
“man slaughtering” Hector or General Mapache’s federales) by the use of skill
sets unavailable to, or felt to be unattractive by, his benefactors. Whether
concerning the missiles of Kim Jong Un or the overreach of the federal gov-
ernment, Trump supporters wanted someone to try something different.
Three, Trump’s own history and brand ensured he would not be able to
partake fully of, or be accepted by, the restored society he sought to salvage,
given his own distance from those he championed. Certainly, Trump’s own
Adapted from remarks delivered at the New Criterion gala honoring Vic-
tor Davis Hanson, recipient of the sixth Edmund Burke Award for Service
to Culture and Society.
H O O V E R D IG E ST • Fall 2018 41
L AW AND L I BE R T Y
L AW AND L I BE R T Y
Baking Bad
Half-baked reasoning in the Masterpiece
Cakeshop case left the most important question
unanswered: How far does freedom of expression
extend?
By Richard A. Epstein
I
n Masterpiece Cakeshop Ltd. v. Colorado Civil
Key points
Rights Commission, the US Supreme Court
»» The Supreme
issued a narrow decision that commanded the Court failed to
support of seven justices. Although the outcome grapple with the
clash between re-
of the case was welcome, its threadbare reasoning left
ligious liberty and
much to be desired. discrimination.
Jack Phillips, proprietor of Masterpiece Cakeshop, »» The shapeless
had refused to design and create a custom wedding opinion gives little
guidance as to
cake for the wedding celebration of Charlie Craig and what should hap-
David Mullins in 2012, when same-sex marriages were pen next.
not yet legal in Colorado. In the main opinion issued »» The justices
should have up-
last June, now-retired justice Anthony Kennedy—who
held a blanket ex-
in 2015’s Obergefell v. Hodges held that the equal-pro- ception for sincere
tection clause protects the right of same-sex couples religious belief.
Richard A. Epstein is the Peter and Kirsten Bedford Senior Fellow at the Hoover
Institution and a member of the steering committee for Hoover’s Working Group
on Intellectual Property, Innovation, and Prosperity. He is also the Laurence A.
Tisch Professor of Law at New York University Law School and a senior lecturer
at the University of Chicago.
H O O V E R D IG E ST • Fall 2018 43
hyperbolic statement fails to acknowledge the limited nature of Phillips’s
refusal, and it wholly overlooked the shame, embarrassment, and humilia-
tion, and outright intimidation and abuse, that their vocal supporters were
willing to inflict on Phillips for the exercise of his religious and expressive
beliefs. While Craig and Mullins were blessed with multiple choices if the
antidiscrimination act does not apply, Phillips has no place to run if it
does.
A SHAPELESS OPINION
A clear ruling backing Phillips would have cleared the air. The needed excep-
tion applies to only a trivial fraction of cases covered by the antidiscrimina-
tion act, but it provides religious individuals all the protection they ask for,
given that they have no desire to mount a general campaign against same-sex
couples. But instead of reaching a principled decision in this case, Kennedy
cobbled together his seven-member majority by writing an amorphous opin-
ion that shows a lack of both intellectual clarity and moral courage.
No one can say what happens next. The final sentence of Kennedy’s
opinion limply concluded, “The judgment of the Colorado Court of Appeals
is reversed.” So does the Colorado commission have to walk away? Or can it
reopen its investigation? What happens to other actions before this commis-
sion or similar bodies?
The reason that no one can say what will happen is that Kennedy’s opin-
ion attached inordinate significance to inessential details that should have
been ignored in any
serious opinion. He thus
When the court is faced with a clear noted that this incident
question of high principle but then occurred in 2012, before
same-sex marriage was
muddles it, the nation loses out.
legal in Colorado or
protected under the equal-protection clause to the US Constitution. Are we
to infer from this tidbit that the case should come out differently now that
same-sex marriage enjoys constitutional protection everywhere? I can think
of no reason why the correct balance should be altered by this detail. Yet the
legions of enterprising state courts can now say that Masterpiece Cakeshop is
irrelevant to any complaints that have arisen since Obergefell came down.
Worse still, Kennedy’s shapeless opinion made the entire outcome of
this particular case turn on the overt hostility that the Colorado commis-
sion showed toward Phillips throughout the proceedings. That abusive
behavior is good reason to sack the commissioner who said in the course
H O O V E R D IG E ST • Fall 2018 45
blanket exceptions for religious liberty on grounds of sincere belief does all
that is needed to protect religion while leaving the basic structure of the
antidiscrimination act intact. Pity that this Supreme Court decision opened
yet another battle in the endless culture wars.
L AW AND LIBE R T Y
Anthony Kennedy’s
Principles
The departure of the “swing justice” was
significant indeed.
By Jack Goldsmith
J
ustice Anthony M. Kennedy’s retirement from the Supreme Court
after more than thirty years of service is the most consequential
event in American jurisprudence at least since Bush v. Gore in 2000
and probably since Roe v. Wade in 1973. For three decades, he was a
guiding force on the court’s most consequential decisions, conservative and
liberal. His departure has left the future of US constitutional law entirely up
for grabs.
Kennedy made it to the highest court in the land after Ronald Reagan’s
failed selections first of Robert Bork and then of Douglas Ginsburg. When the
Reagan administration looked for a safer choice, it turned to the soft-spoken,
bookish Californian who ran his father’s law practice and taught constitutional
law before becoming a respected appellate judge on the US Court of Appeals
for the Ninth Circuit. The Senate confirmed Kennedy 97–0 on February 3, 1988.
Kennedy dominated the direction of the court in its most important deci-
sions from the beginning, and especially in recent years. One proxy for an
ideologically contested case is when the court splits 5–4. In his thirty-one
H O O V E R D IG E ST • Fall 2018 47
[Taylor Jones—for the Hoover Digest]
terms on the court, Kennedy led or tied for the most 5-4 cases in the major-
ity a remarkable twenty times, including every term but one since swing
justice Sandra Day O’Connor retired in 2006. His vote was extraordinarily
consequential.
There are many reasons Kennedy was the man in the middle. He struggled
with all sides of a case and brooded more than most justices about the right
answer. And though he possessed a latent libertarianism, he lacked rigid
ideological commitments that would have placed him consistently on one
side of the court.
Kennedy will be most remembered for his famous progressive opinions—
establishing a constitutional right to same-sex marriage and other gay rights,
refusing to overturn the abortion right declared in Roe, extending the con-
stitutional right of habeas corpus to wartime detainees held at Guantánamo
Bay despite congressional and presidential resistance, limiting prayer in
school, and striking down the death penalty for juvenile criminals.
Despite these notable opinions on the left, Kennedy usually voted with the
right side of the court—for example, to invalidate ObamaCare, revitalize the
Second Amendment right to bear arms, disable public-sector unions, and
uphold business prerogatives. He was also the author of influential conserva-
tive rulings. He penned the progressives’ bête noire, Citizens United, which
interpreted the First Amendment to ban government restrictions on corpo-
rate and associational political expenditures. He was a defender of federal-
ism who wrote opinions limiting Congress’s power to enforce the Fourteenth
Amendment against states and its power to abrogate state immunity from
lawsuits. He also wrote many opinions that narrowed criminal defendants’
rights and an important opinion upholding restrictions on abortion.
While Kennedy lacked an overarching jurisprudential commitment, some
combination of three principles informed most of his landmark rulings.
The first and most distinctive principle is dignity—the quality of proper
worth and esteem. Kennedy’s articulation of a constitutional “dignity as free
persons” is an ineffable meld of privacy, liberty, and equality that guided his
landmark gay-rights decisions and will long reverberate in US constitutional
law. For Kennedy, dignity was not limited to individuals. The Constitution
also preserves for states “the dignity and essential attributes inhering” in
sovereignty, as he wrote in a famous opinion on states’ rights.
The second and related principle was a capacious notion of liberty from gov-
ernment interference. This principle informed his progressive social opinions
but also led him to be suspicious of burdensome regulations and to read the
First Amendment broadly. It also inclined him to push freedom downward,
H O O V E R D IG E ST • Fall 2018 49
so to speak, with a thumb on the scale for states over the federal government
and for individuals over both.
The third principle was a robust conception of judicial power. Kennedy
believed in his bones in the integrity of judging. He had great confidence that
the court’s intervention into contentious issues was vital to the effectiveness
of the constitutional scheme.
These principles led Kennedy to different places in different contexts.
But no matter which way he ruled, he truly sought “in each case how best
to know, interpret, and defend the Constitution and laws that must always
confirm to its mandates and promises,” as he put it so well in his retirement
letter to President Trump. And he possessed a model judicial temperament:
fair-minded, thoughtful, balanced, and deliberative.
Kennedy’s jurisprudence will be debated for generations. But those who
know him well understand that his activities off the court are just as impor-
tant to him. He is a devoted mentor to his law clerks. And he is a gentleman
who possesses an unfailing personal kindness toward everyone he meets. He
and his beloved wife, Mary, add rare grace to official Washington.
Kennedy has long been, and will surely remain, an active ambassador for
the court and the US rule of law—at home for everyone from legal experts to
schoolchildren and lay people, and abroad before foreign jurists and dignitar-
ies. He pushes himself incessantly to learn and think about US and judicial
history and traditions. And he is a mesmerizing speaker and devoted teacher.
Two years ago, my students gaped in awe for ninety minutes as the now-eighty-
two-year-old justice, without notes, brilliantly analyzed a recent opinion.
It is hard to exaggerate Kennedy’s impact on the court and the nation dur-
ing the past three decades. And because of that impact, it is hard to exagger-
ate the stakes in future Supreme Court rulings.
H EALTH CARE
By Scott W. Atlas
D
espite a failure to repeal and replace ObamaCare fully, health
care reform is progressing under President Trump. The indi-
vidual mandate is nullified. The administration has permitted
more low-cost “limited duration” insurance plans, and more
small businesses now have access to association health plans. The next step
should be to expand and improve health savings accounts.
Health savings accounts allow people to set aside money tax-free to pay for
health expenses, but their fundamental purpose is not simply to cushion the
blow of costly care. HSAs put consumers directly in charge of their health care
purchases. This drives competition, which leads to lower prices for everyone.
ObamaCare, and most of the proposals that followed, stressed making
insurance more affordable, mainly through subsidies. Subsidizing premiums
artificially props up coverage that typically minimizes out-of-pocket pay-
ments. This is counterproductive. Patients with such coverage don’t think
of themselves as paying for services. This shields medical providers from
competing on price.
Instead of subsidizing premiums, policy should focus on reducing the cost
of medical care itself by generating competition for patients. That is the
Scott W. Atlas, MD, is the David and Joan Traitel Senior Fellow at the Hoover In-
stitution. He is the author of Restoring Quality Health Care: A Six-Point Plan
for Comprehensive Reform at Lower Cost (Hoover Institution Press, 2016).
H O O V E R D IG E ST • Fall 2018 51
most effective pathway to affordable, high quality care. The market should be
reformed to encourage patients to consider the price of the medical care they
consume and to equip them with the tools to do so.
Outpatient nonemergency care, which forms the bulk of health expendi-
tures, is amenable to price-conscious purchasing. Almost 60 percent of all
health expenditures for privately insured adults under sixty-five and almost
40 percent of the elderly’s expenses are for outpatient care, according to a
2012 report from the IMS Institute for Healthcare Informatics. Prices rapidly
decrease when patients pay out of pocket for procedures like Lasik correc-
tive vision surgery and MRI or CT screening. Data from MRI and outpatient
surgery confirm that prices fall almost 20 percent when patients are moti-
vated to shop around.
Because HSAs reward saving, they are particularly effective at putting
downward pressure on prices. Spending reductions averaged 15 percent
annually, according to a 2015 National Bureau of Economic Research work-
ing paper, when workers were given high-deductible plans and personal
medical accounts. When HSAs were added to high-deductible plans, savings
increased to up to double the savings that high-deductible plans alone pro-
duced. More than one-third of the savings reflected price-conscious decision
making. Corroborating prior studies, these reductions occurred without
harming patients’ health.
By increasingly choosing HSAs when given the opportunity, American
consumers are approving their value. By the end of 2017, there were at
least twenty-two million health savings accounts in the United States, up 11
percent year-over-year. This isn’t a tax benefit for the rich: median household
income for HSA holders is $57,060, and two-thirds earn less than $75,000 a
year. The challenge now is to expand HSA use and fully leverage its power to
reduce health care prices.
Congress should pass legislation making HSAs universally available. These
accounts should not be connected to specific insurance deductibles, a coun-
terproductive requirement that limits the possibility of HSAs with tailored-
or direct-payment plans. To maximize consumer power on prices, Congress
should remove restrictions on full HSA participation by seniors on Medicare.
Motivating seniors, the biggest users of health care, to seek value is crucial to
driving prices down.
Congress should raise the maximum allowable HSA contribution to match
total possible out-of-pocket spending under ObamaCare—$7,350 for individu-
als in 2018. Account holders should be allowed to use their HSA funds to pay
for the care of elderly parents. And the accounts should be fully owned by
Reprinted by permission of the Wall Street Journal. © 2018 Dow Jones &
Co. All rights reserved.
H O O V E R D IG E ST • Fall 2018 53
H EALTH CARE
H EALTH CARE
Health Care
Fables
Reform is hard but not impossible. We can start by
discarding three myths.
N
obody knew health care could be so
complicated,” was President Trump’s Key points
now-famous pronouncement on the »» Preventive care,
it turns out, doesn’t
issue. Congressional Republicans were actually generate
struggling too. Not only did they fail to reach a legisla- true cost savings.
tive solution, but even worse, they were confused »» Expanded ac-
cess to health care
about where to even search for a solution. All told, doesn’t seem to
health care begins to look insoluble. But is it really make previously
uninsured people
that complicated? Actually, no.
any healthier.
Some progressives claim that they have an easy
»» Insurance is
solution, one that proceeds from their belief that being stretched
more government is often the answer: Medicaid or too far: it shouldn’t
care for inexpen-
Medicare for all. What solution would satisfy classi- sive and predict-
cal liberals? Addressing just the demand side, there able services.
is a surprisingly simple combination of out-of-pocket
H O O V E R D IG E ST • Fall 2018 55
“generated no significant improvements in measured physical health out-
comes,” according to the article. If Medicaid were a new drug, the Food and
Drug Administration would reject it.
Has the Affordable Care Act improved Americans’ health? The usual way
proponents have argued for measures like the ACA is to point to higher life
expectancies in countries with more government control of health care but
lower spending per capita. That was always too crude an approach for com-
paring across disparate countries. But, interestingly, in the four years before
the ACA was passed, preferred provider organization (PPO) plan premiums
rose 15 percent; in the four years since the ACA was enacted, PPO premiums
have increased by 66 percent. It is difficult to say whether the ACA has made
Americans healthier, but in 2015 and 2016, according to the National Center
for Health Statistics, life expectancy declined by 0.2 years. It hadn’t declined
since 1993.
»» Insurance should cover all medical expenses, including inexpen-
sive and predictable goods and services. Insurance is an actuarial-based
product. People, when spending their own money, typically buy insurance
when they face a small probability of a large loss. Insurance companies pool
roughly equal risks and charge accordingly. Both parties benefit via this
arrangement: insurance
companies generate rev-
When third parties pay, patients tend enues that exceed their
to buy too much health care. Doctors costs, and consumers
and hospitals are happy to oblige. offload substantial risk.
We don’t buy insurance
for everything, though. We don’t insure our blue jeans against holes in the
knees or our cars for an oil change. Instead, we self-insure. That is, we cov-
er those small out-of-pocket costs ourselves. This makes sense. Insurance
companies must charge more for insurance than they pay out because they
need to cover all their costs. A simple rule of thumb is that your insurance
premium will be twice the expected loss. If you have a 1 percent chance of
a $100,000 loss, you have an expected loss of $1,000 (0.01 times $100,000)
and should expect to pay about $2,000 for the insurance to cover this event.
If insurance companies were not able to charge the extra amount to cover
the other costs, they would go out of business.
When we buy “insurance” for annual physical exams or to purchase our
monthly prescription for cholesterol drugs, each of which has a probabil-
ity approaching 1.0, we are effectively prepaying for a known expense; we
aren’t buying insurance. When we do that, we expose the system to multiple
BETTER MEDICINE
When patients select health care goods and services but third parties pay for
them, patients tend to purchase too much health care. Doctors and hospitals
are happy to oblige. Not surprising, third-party payers impose burdensome
controls, such as formularies and prior authorization, to limit such purchas-
es. These controls impose added costs on the system and put roadblocks in
the way of doctors who are trying to provide good medical care.
A technique for good decision making is to put decisions in the hands
of those who will receive the benefits of good outcomes and pay the costs
for bad outcomes,
aligning incentives
with dominion. If Medicaid were a new drug, the Food
One solution would and Drug Administration would reject it.
be to eliminate
third-party controls by taking decisions away from third parties and putting
them in the hands of those who already have an incentive to limit low-value
purchases: the direct consumers. Small co-payments (a fixed payment) and
even co-insurance (a percentage payment) do not fully incentivize patients
to choose medical services wisely. The only way to eliminate the controls
imposed by third-party payers is to eliminate the involvement of the payers
themselves and to have consumers—in this case, patients—pay 100 percent
from their own pocket. Third-party payers would become just that: payers;
their controlling and purchasing roles would be excised.
The in-between solution, which we often saw when people paid their own
money for individual, nonsubsidized insurance, is catastrophic insurance:
customers bear high out-of-pocket costs for initial expenditures, which
H O O V E R D IG E ST • Fall 2018 57
causes them to make wise purchases, and insurers pay 100 percent of the
costs after a high deductible. Today, catastrophic health insurance is avail-
able only to those under thirty and those facing certain types of hardships.
Probably the best solution is insurance that covers health events. With this
type of insurance, first suggested in 1992 by health economist Susan Feigen-
baum, if you were to get appendicitis, for example, you would be paid a lump
sum, perhaps $35,000, an estimate of the median cost for treating appendici-
tis—mainly the appendectomy—in your geographic area. The money would
go to you, not a doctor, hospital, or drug company. Any insurance company
in the world that can run
numbers and set odds
Subsidies distort when they induce could provide this event-
people to make poor choices. based insurance.
With a flush bank
account, or the guarantee that the money is coming, you could decide where,
when, how, and even whether to be treated. If there were two hospitals near
you, you could compare them and choose the one with the better combina-
tion of price and quality. Does this type of insurance look familiar? It should.
This is how casualty auto insurance works. If you slide your car into a tree
and dent some sheet metal, your insurance company will pay you the esti-
mated cost of the repair. Then, you can choose to skip the repair and pocket
the money, use the money to fix the fender only, or supplement that amount
and have your whole car painted. The insurance company won’t know or
even care which path you take because its involvement is related to your col-
lision event, not your fender repair. For too long, health insurance has been
focused on the repair and not the event. It’s time to rectify that.
Appendicitis is an acute health issue and the lump-sum payment would
happen once. What if you developed a chronic condition, such as Parkinson’s
disease, diabetes, asthma, or multiple sclerosis? In this case, you would regu-
larly consult your physician, who would update your diagnosis and prognosis.
Your insurance company would then pay you an annual, quarterly, or even
monthly amount for that health event. Here’s the important point: that insur-
ance company forever “owns” your Parkinson’s disease, which first appeared
during the time it covered you, regardless of whether you later cancel that
policy or become insured by a different company.
This type of insurance completely obviates the problem of pre-existing
conditions, at least for those who buy insurance early. If you are insured
when the problem is first discovered, that insurance company forever owns
it, and therefore owes you for that health condition. If you weren’t insured,
EYEWITNESS EVIDENCE
Note that these demand-side reforms we offer would have a salutary effect
on the supply side as well. Because the reforms would cause consumers to
be much more cost-conscious, their awareness of costs would drive positive
changes in supply.
One of the best illustrations of this is the evolution in eye surgery over the
past few decades. This is a corner of the health care market largely free of
H O O V E R D IG E ST • Fall 2018 59
government and commercial third-party interference. The original surgical
procedure, called radial keratotomy (RK), relied on the skill of the surgeon to
make large cuts in the cornea, required a six-week recovery, and cost about
$8,000 ($18,600 in 2018 dollars). Today, Lasik has largely replaced RK for
those who are eligible. According to George Mason University economist
Alex Tabarrok, in 1998 the average price of Lasik laser eye surgery was
approximately $4,400. Just six years later, the price had fallen to $2,700, a 38
percent reduction. Adjusted for inflation, the price had fallen by over half, a
result we are used to seeing in computers but rarely in medical procedures.
For far too long, most of us, including many health economists, have
thought and written as if health care and health insurance were special. In
some ways they are. But the same principles that have made auto insurance
work so well—there is no auto repair cost explosion—can be applied to make
health insurance and health care better and more affordable.
TH E ECONOMY
You Could
Google It
Economic analysis makes it clear: the efforts to
break up big tech companies just don’t compute.
S
ome members of the economics profession have been busy bash-
ing big firms for their allegedly destructive effects on American
workers. Scholars from the so-called “New Chicago School” claim
that large firms increasingly act as labor market monopsonists in
the US economy, that is, the only demanders of labor in specific markets. In
this account, they suppress wages and fuel income inequality.
In the neo-Chicagoan “big is bad” philippic, the colossus FAANG (Face-
book, Apple, Amazon, Netflix, and Google) takes much of the heat. A recent
Bloomberg column by Harvard professor Cass Sunstein suggests that “big
companies (like Apple and Google) might use their market power to hurt
employees” by paying low wages.
The traditional Chicago School is largely credited—and sometimes criti-
cized—for its role in reshaping economics as an applied science. A basic
principle of applied science is that scholars back their claims with evidence.
Are the data supportive of accusations of these tech giants’ negative impact
on employment and wages?
Richard Sousa is a research fellow at the Hoover Institution and a member of the
Hoover IP 2 steering committee. Nicolas Petit is a visiting fellow at Hoover.
H O O V E R D IG E ST • Fall 2018 61
WELCOME: A Google office in Chicago offers its workers a variety of ameni-
ties. High-tech workers are paid well above those not employed in tech, a fact
that contradicts fears that the big tech firms are able to hold down wages.
Amazon and Google employees also are among the readiest workers to change
jobs. [Antonio Perez—MCT]
If the large companies were monopolizing the labor market, one would
expect to see falling employment by the monopsonist’s competitors,
declining wages, and increasing job tenure, since there are fewer com-
peting job opportunities. Yet no such picture emerges from the avail-
able data. To the contrary, US Bureau of Labor Statistics (BLS) studies
estimate total private high-tech sector employment at more than twelve
million; employment at FAANG plus Microsoft and Intel totals around
one million—surely a large number of employees, but by no means
competition-threatening.
Similarly, Securities and Exchange Commission (SEC) filings show that
job growth among the five tech giants has approximated job growth in the
high-tech sector over the past few years. This does not portend labor market
concentration.
The BLS also recently reported that high-tech workers are paid well above
those not engaged in high tech. This percolates through all employee ranks.
H O O V E R D IG E ST • Fall 2018 63
The monopsonist naysayers have not brought proof that smaller tech firms
would improve competitiveness in labor markets. What matters is the con-
sumer welfare generated by firms, regardless of their size.
If large tech companies make our lives better by putting people to work
at good wages and by innovating and creating higher quality products, they
should be acknowledged for their role in the economic recovery and their
contributions to society’s well-being. They should not be vilified by unsup-
ported claims that the grass could be greener.
S CI ENCE A ND T HE E N VIRON M E N T
Searching for
Higher Ground
The market, not regulations, will teach us how to
manage rising seas and temperatures.
By Terry L. Anderson
D
espite the apocalyptic drumbeat from climate scientists, most
Americans remain skeptical that climate change is the “most
urgent threat facing our entire species,” as actor Leonardo
DiCaprio argues. According to a 2017 Yale poll, only 20 percent
of Americans were “very worried” about global warming. Moreover, a Pew
survey found that only 39 percent of Americans trust scientists “a lot” for
“full and accurate information about the causes of global climate change.”
This does not mean, however, that most Americans side with President
Trump in thinking climate change is a “hoax,” that they are climate “deniers,”
or that they favor pulling out of the Paris Climate Accord.
Instead, there is evidence that they are realists who rationally adapt to their
environment as the species has for millennia. This is evidenced by beach-
front real estate markets. Not surprising, property owners who see increased
coastal flooding due to slowly rising sea levels are moving to higher ground.
A recent paper in the journal Environmental Research Letters by three
Harvard University professors tested the hypothesis “that the rate of price
Terry L. Anderson is the John and Jean De Nault Senior Fellow at the Hoover
Institution and past president of the Property and Environment Research Center
in Bozeman, Montana.
H O O V E R D IG E ST • Fall 2018 65
appreciation of single-family properties in MDC [Miami-Dade County] is
positively related to and correlated with incremental measures of higher
elevation.” Using the value of 107,984 properties between 1971 and 2017, they
found a positive relationship between price appreciation and elevation in 76
percent of the properties (82,068) in the sample.
A similar study by economists at the University of Colorado and Penn
State found that beachfront homes in Miami exposed to rising sea levels sell
at a 7 percent discount
compared to properties
This doesn’t spell the end of Amer- with less exposure to
ica’s breadbasket. But it does mean coastal flooding. More-
over, the discount has
farmers will have to adapt.
risen significantly over
the past decade. Comparing rental rates to selling prices of coastal homes,
they found that the discount in selling prices “does not exist in rental rates,
indicating that this discount is due to expectations of future damage, not cur-
rent property quality.”
Though not armed with large data sets and sophisticated regressions, Mas-
sachusetts real estate agents are coming to the same conclusions. According
to Jim McGue, a Quincy agent, the nor’easter that “happened here in March
certainly underscores what a hundred-year flood map is all about.” Another
broker, Maureen Celata from Revere, said a home that included a private
beach sold for 9 percent less than its list price of nearly $799,000 and took
fifty-five days to sell, which she called an “eternity.”
Wine producers in California, Bordeaux, and Tuscany: beware. A study by
Conservation International published in the Proceedings of the National
Academy of Sciences forecasts that the amount of land suitable for high-
quality wine production in California may drop by 70 percent and in
regions along the Mediterranean by as much as 85 percent over the
next fifty years.
The silver lining is that vintners may adapt by moving their grape
production north. Some predict vineyards will even move to places such
as Michigan, Montana, and Wyoming, noted for their severe winters.
In the future you may also see more signs on fruit saying, “Country
of origin: Canada.” Canadian biologist John Pedlar sees more people in
southern Ontario “trying their hand at things like peaches a little farther north
from where they have been trying.” This is consistent with the US Department
of Agriculture’s Plant Hardiness Zone Map, which shows tolerant zones mov-
ing north.
S CI ENCE A ND T HE E N VIRON M E N T
Diesel Duplicity
In the name of climate change, European policy
makers nudged millions of drivers into diesel-
powered cars, swapping hypothetical hazards for
real ones.
By Paul R. Gregory
T
he fatal conceit of government planners is to believe that they
can direct an economy as a chess master moves pieces on a
chessboard. Adam Smith, in his 1759 Theory of Moral Sentiments,
and F. A. Hayek, in his 1988 treatise on socialism, warned of this
pitfall. Such planners fail to understand that unlike chess pieces, the millions
of actual consumers and producers they wish to control act in their own self-
interest with results quite different from those anticipated by government.
The collapse of the Soviet economy proved the folly of planning an entire
economy, yet today’s advocates of industrial policy and state capitalism con-
tinue its tradition. They believe that government interventions can avoid or
correct the mistakes of “chaotic markets.” Unlike private companies preoc-
cupied with competition and survival, government planners claim to have the
foresight to pick future winners and to direct resources their way.
The European Union’s “go diesel” initiative of the mid-1990s is a perfect
example. After years of negotiation, most countries (with the exception
of the United States) signed the Kyoto protocol in 1997, which pledged the
industrialized world to binding reductions of greenhouse gases. To meet
H O O V E R D IG E ST • Fall 2018 69
their pledged 20 percent reduction in emissions, EU environmental planners
pushed car manufacturers to invest heavily in fuel-saving diesel technology.
But contrary to the planners’ expectations, the diesel initiative did not lower
automobile fuel use or reduce greenhouse gases. Rather, it blanketed cities
with air pollution, destroyed the value of used diesels, set back Europe’s car
manufacturers in the international competition for a clean and fuel-efficient
car, and created a powerful pro-diesel lobby that continues to exercise influ-
ence on regulators and bureaucrats throughout the European Union.
The “go diesel” initiative shows that government planners can restructure
an entire industry simply by manipulating taxes, regulations, and subsidies.
In other words, they no longer must issue Soviet-style commands to get the
changes they want. Consider that in 1990, the share of diesels in the EU and
Japanese fleets was around 10 percent each. In the United States, diesel
vehicles were rare. By the early 2000s, however, a whopping 60 percent of
vehicles sold in the EU were diesels, while their shares of the Japanese and
American markets remained negligible. Europeans bought diesels because
the EU kept diesel fuel prices low and offered various incentives to buy die-
sels. Virtue signaling also helped: “good” Europeans bought
and drove diesels.
H O O V E R D IG E S T • Fall 2018 71
was the technology’s apparently higher fuel efficiency. The logic was simple:
if a diesel can drive 20 to 30 percent more per liter, the rise in the diesel
share of Europe’s auto fleet would surely reduce Europe’s overall automotive
fuel consumption. But such was not the case: Europe’s per capita fuel con-
sumption has actually risen by a fourth since 1990. There could be a number
of explanations—rising income and changing driving habits, for instance—
but government planners also ignored the fact that lower diesel prices would
make road travel cheaper and hence promote more driving and greater fuel
consumption. A study by researchers at DIW Berlin, a think tank focusing on
economic policy, found that German diesel drivers averaged almost 50 per-
cent more kilometers per year than gasoline drivers. Diesel car owners used
more transport fuel than gas drivers, thanks to the state’s cut-rate diesel
prices. When something is underpriced, we use more of it. Chalk one up to
unanticipated consequence.
»» Where are the Kyoto climate gains from “go diesel”? European elites
seemed convinced that a switch from gas to diesel vehicles would also help
save the planet from overheating. The EU’s Kyoto logic was similar to its
reasoning on automotive fuel. The diesel used less fuel per kilometer. Driving
more diesels would thus reduce Europe’s carbon footprint. The engineered
switch from gasoline to diesel was clearly an integral part of the EU’s indus-
trial policy plan to meet its Kyoto targets.
Europe’s Kyoto signers apparently did not pay enough attention to major
advances in automotive carbon dioxide emissions. Toyota released its Prius
hybrid as Kyoto was being signed in 1997. With advanced catalytic converters
and other new technology, Japanese gasoline vehicles matched diesel green-
house gas emissions (per kilometer driven) by 2005. Thereafter, Japanese
gas cars had a small but distinct carbon dioxide advantage over European
diesels. Studies have also shown that diesel cars now emit more greenhouse
gases over their life cycle (from construction to scrapping) than do gasoline
cars.
Market economies spread out their bets over new technologies. Some
companies will bet on diesel engines, others on gasoline, and still others on
battery-powered vehicles. Those who make the right choice prosper, and
society gains new technologies. European planners, not market forces, tilted
the playing field of regulations, subsidies, and bonuses in favor of the diesel.
Given the growing emissions advantage of gas cars, Europe’s industrial
planners should perhaps now switch to nondiesels if they are to be consis-
tent. In fact, France’s Ségolène Royal, a former socialist presidential candi-
date, has suggested that the EU “start preparing [its] move out of diesel.” It
H O O V E R D IG E ST • Fall 2018 73
register on the world scale. Europe’s industrial policy makers created a real
and present public danger—toxic air pollution—to address an imaginary or
intractable problem: reducing world greenhouse gas emissions of which they
account for only a tiny portion.
London’s mayor Sadiq Khan, leader of a city hit hard by diesel pollution,
explains how Europe’s planners allowed toxic emissions to get out of hand:
“The problem is that governments often fail to grasp that focusing on one
issue at a time, such as [carbon dioxide] output, inevitably leads them to
ignore others.”
The single-minded pro-
Market economies spread out their motion of diesel cars by
bets over new technologies. Those Europe’s planners was, as
who make the right choices prosper. Berlin-based writer Paul
Hockenos puts it, “a well-
intentioned response to climate change.” But shouldn’t we judge government
planners on results, not intentions?
Europe’s Dieselgate is a precautionary tale of the power of government.
Unelected bureaucrats decided that European car makers should make
diesels, and they did so not by direct orders but by taxation, regulations, and
subsidies. Government restructured the automobile industry based not on
market forces but to achieve the grandiose goal of combating climate change.
There is a lesson here: eventually market forces catch up and reveal the folly
of government intervention, but it is the private companies—led by the nose
by state planners—that end up being blamed.
S CI ENCE A ND T HE E N VIRON M E N T
Turning over a
New (Organic)
Leaf
Bioengineered crops help farmers and feed
increasing numbers of people, but the organic
industry still rejects them. New organic labels
could, and should, make room for science.
T
he Department of Agriculture’s arbitrary rules about what is
permitted for the “organic” designation prohibit important
advances in agriculture and food production, while unneces-
sarily restricting consumer choice. Those problems could be
remedied by expanding what is permitted under the federal National Organic
Standards.
The Organic Foods Production Act of 1990 required the USDA to develop
national standards for the production of “organic foods” because of con-
sumer demand for food that was supposedly more healthful and produced
with more sustainable methods than that grown on traditional farms.
However, the standards actually adopted do not improve food safety, quality,
Henry I. Miller, MD, is the former Robert Wesson Fellow in Scientific Philosophy
and Public Policy at the Hoover Institution. John J. Cohrssen is an attorney
who has served in a number of government posts in the executive and legislative
branches of the federal government.
H O O V E R D IG E ST • Fall 2018 75
or nutrition—nor were they intended to. When the final National Organic
Standards were issued in 2000, Secretary Dan Glickman said, “Let me be
clear about one thing: the organic label is a marketing tool. It is not a state-
ment about food safety, nor is ‘organic’ a value judgment about nutrition or
quality.”
Another secretary of agriculture, John Block, added in 2014, “Yet USDA’s
own research shows consumers buy higher priced organic products because
they mistakenly believe them safer and more nutritious.”
H O O V E R D IG E ST • Fall 2018 77
Thus, the exclusion from organic agriculture of plants made with molecu-
lar genetic engineering forfeits their potential for higher yields and lower
environmental burdens, which were explicit goals of the Organic Foods
Production Act of 1990.
H O O V E R D IG E ST • Fall 2018 79
T EC H NOLOGY
T EC H NOLOGY
Guardians and
Gatekeepers
Every fresh form of communication adds
to propaganda’s toolkit, but computers
have unleashed profound new powers of
disinformation. Tech titans need to insist on a
transparent, open Internet.
By Ralph Peters
N
o plague in history spread with the
speed of Internet disinformation. We Key points
live in an age of hyper-charged pro- »» Editors, the
traditional gate-
paganda, an onslaught of lies more
keepers of re-
pervasive than any that came before. Over millennia, sponsible news,
propaganda changed minds. Today, it changes govern- are overwhelmed
by tech-powered
ments and subverts institutions. And this flood has social media.
burst the dams that, for centuries, kept the foulest »» Western media
waters in check. used to puncture
Soviet lies. Then
Propaganda and its ultimate product, subversion,
the Internet ar-
are ancient. The imprinted profiles of early rulers rived.
on coins served as propaganda, while subversion »» The private sec-
efforts appear in the Old Testament. Monotheist tor must police its
own platforms.
religions always engaged in propaganda, as did ruling
Ralph Peters is a member of the Hoover Institution’s Working Group on the Role
of Military History in Contemporary Conflict.
H O O V E R D IG E ST • Fall 2018 81
Whether in its czarist, Soviet, or current klepto-nationalist incarnations,
Russia long has been an outlier, embracing shameless propaganda in the
absence of a culture of facts. The first international triumph of Russian-
spread propaganda was the czarist Okhrana’s (secret police) dissemination
and exploitation of a then-obscure pamphlet, The Protocols of the Elders of
Zion, which soon became the most notorious—and murderous—anti-Semit-
ic screed in history (the document is still accepted as truth in the Arab
world and, in recent decades, served as the frame for an Egyptian television
miniseries).
As for the Soviets, even their spiritual father, Karl Marx, was a far better
propagandist than economist. His Communist Manifesto begins with an ambi-
tious lie, “A specter is haunting Europe, the specter of communism.” Commu-
nism would, indeed, spook the world one day, but it was hardly on the playing
field in 1848. And Marx’s grandiosity established the template for Lenin to
seize the term “Bolsheviks,” or “those of the majority,” for his pitiful, ruthless
handful of acolytes.
Stalin then developed a propaganda machine that not only lied but told
precisely the lies the world wished to hear (ever a key to effective propagan-
da). Western dupes praised the Soviet Union through every manmade famine
and vast purge. Then, in
the post–World War II
First with radio and film, then televi- era, the Soviet Union and
sion, propaganda enjoyed a new hey- the United States waged a
day under authoritarian regimes and propaganda war for West-
dictatorships. ern Europe, focused on
influencing elections from
Greece and Italy to France (materialism, not the dialectic, won). Next came
the Soviet-sponsored “Ban the Bomb” movement, succeeded by its unruly
stepchildren, the anti-nuke protests of the 1970s and 1980s in Europe.
And let us not forget the still-circulating claim by Soviet propagandists
that AIDS was developed by the CIA to kill black Africans.
Through all these assaults, responsible Western media punctured the
Soviet lies, condemning them to the fringes of discourse. Thank editors again.
We, the people, generally recognized propaganda, and its outlets were limited.
To buy ill-printed Soviet books (as I did when studying Russian), you went to
a single bookstore on Shaftesbury Avenue in London that made no secret of
representing Moscow. The clerks were as drab and dreary as their wares.
Then the digital revolution arrived to conjure Internet anarchy. This Fifth
Horseman of the Apocalypse, the avatar of the genocidal lie, empowered
Read Military History in the News, the weekly column from the Hoover
Institution that connects historical insights to contemporary conflicts
(www.hoover.org/publications/military-history-news). © 2018 The Board
of Trustees of the Leland Stanford Junior University. All rights reserved.
H O O V E R D IG E ST • Fall 2018 83
T EC H NOLOGY
T EC H NOLOGY
The Mayor of
Tech Territory
Cyberspace is often compared to the Wild West—
but eventually the West was won and the frontier
tamed. It’s time for our virtual villages to get
civilized.
By Markos Kounalakis
F
acebook is the largest community in the world. It is also one of the
least democratic institutions on earth. That’s why Facebook needs
a mayor.
In nonvirtual communities—meaning “IRL” (in real life) physi-
cal cities and states—where people interact face-to-face daily, societies have
developed self-governing structures and policing institutions to serve and
protect them. Private companies like Facebook, however, were not organized
around democratic ideas or social justice principles. Despite the often-lofty
mission statements of social media companies, they are businesses put
together for one reason: to make money. Oodles of it.
Thanks to the “network effect,” unplanned, but highly profitable, com-
munities have grown on these Internet platforms to number in the billions.
Greater in size than any nation-state. More politically powerful than any
party or person. They cross borders and span the globe.
H O O V E R D IG E ST • Fall 2018 85
TRUST ME: A kiosk in Manchester, England, communicates Facebook’s
promise to be a source of trustworthy information for its hundreds of millions
of users. Facebook CEO Mark Zuckerberg has made a personal commitment to
defend democracy. [Joel Goodman—ZUMA Press]
H O O V E R D IG E ST • Fall 2018 87
ED U CATI ON
ED U CATI ON
Teachers Need
Sympathy—and
Reform
Teaching can be a tough, poorly paid job. But
teachers need to recognize that respect must be
earned, and that their unions are doing them no
favors.
I
t’s hard not to sympathize with
striking schoolteachers. They’re Key points
not very well paid, inflation is »» Sluggish economic growth,
not stingy politicians, is to
creeping up, a lot of classrooms blame for many lethargic
are crowded with kids and lacking in school budgets.
Chester E. Finn Jr. is a senior fellow at the Hoover Institution, former chair
of Hoover’s Koret Task Force on K–12 Education, and president emeritus of the
Thomas B. Fordham Institute.
H O O V E R D IG E ST • Fall 2018 89
HARD LESSONS: Kentucky schoolteachers march last spring to press their
demands concerning pensions and budget cuts. Many state governments
face fiscal constraints because of inherited shortfalls, such as unfunded pen-
sion and retiree health care liabilities that total more than $1.5 trillion nation-
wide. [Charles Bertram—TNS]
it did four years ago but just 2 percent more pupils. That’s not true in every
single state—and it’s revealing that two of the four states where student
growth has outstripped teacher inflation are Oklahoma and Arizona, where
recent protests by aggrieved teachers have been especially forceful. Consider
the seeming paradox of classrooms overflowing (in some schools) with kids
while ever more teachers are employed. But note, too, how many schools—
mostly in other places—are half-empty and how many have been closed or
mothballed because of declining enrollments.
Chicago was down ten thousand kids this past autumn, compared with a
year earlier—and thirty-two thousand since 2013, enough to fill fifty-three
average-size schools. Though the teaching workforce often appears highly
mobile, in reality Chicago teachers—with tenure, benefits, pensions, and so
on—just aren’t very likely to move to Houston.
H O O V E R D IG E ST • Fall 2018 91
I RA N
I RA N
A Sorry Bargain
Weak from the start, the Iran nuclear deal was a
fragile political commitment that left Congress out
in the cold.
By Jack Goldsmith
P
resident Obama crafted the Iran nuclear deal on his own presi-
dential authority and in the face of significant domestic opposi-
tion, neither seeking nor receiving approval from the Senate
or the House. He was able to do this, and to skirt constitutional
requirements for senatorial or congressional consent, because he made the
deal as a political commitment rather than a binding legal obligation. As Curt
Bradley and I recently explained in the Harvard Law Review, a political com-
mitment “imposes no obligation under international law,” a nation “incurs no
state responsibility for its violation,” and thus “a successor president is not
bound by a previous president’s political commitment under either domestic
or international law and can thus legally disregard it at will.”
Thus the manner in which Obama crafted the Joint Comprehensive Plan of
Action (JCPOA) paved the way for President Trump to withdraw from it.
Presidents have the clear authority to make nonbinding political commit-
ments. That is why I defended the legality of the Iran deal (as opposed to its
wisdom) at the time it was arranged. But a president who makes an agree-
ment as a political commitment rather than as a binding agreement under
international law is making a tradeoff. As I wrote three years ago, Obama’s
H O O V E R D IG E ST • Fall 2018 93
sole disposal of a magistrate created and circumstanced as would
be a President of the United States.
Rather, he added, “the vast importance of the trust . . . plead strongly for the
participation of the whole or a portion of the legislative body in the office of
making them.”
One of the most important purposes of legislative consent for international
agreements is to ensure that the agreement actually serves the national inter-
est clearly enough to garner such consent. Agreements that have the approval
of the Senate or the House
tend to be longer-lasting
For President Obama to seal the and more durable. One
agreement, he had to avoid the need reason is that they, unlike
for Congress’s approval. the Iran deal, are binding
under international law.
A more important reason is that a later president is much less likely to back
away from an agreement made by a prior president with the support of the
nation secured by its consent through elective representatives.
The Obama administration did not secure this consent. It made the agree-
ment unilaterally, and thereby pledged the reputation of the nation, even
though it knew the Iran deal was nonbinding and lacked approval among the
nation’s elected representatives. If the United States’ reputation for uphold-
ing agreements takes a hit, the responsibility for that outcome lies squarely
with the original decision by the Obama administration to make the hugely
consequential deal on its own.
The Obama administration took a bet either that Hillary Clinton would win
the election or that the unwinding of sanctions for three years would make
any re-imposition of sanctions too painful politically. And it lost the bet.
I RAN
A Deal Worse
President Trump’s scrapping of the joint nuclear
deal is a godsend to Iran’s beleaguered leaders.
It will also breed more Russian and Chinese
interference.
By Abbas Milani
T
he long-expected announcement by President Trump that
he would order the United States to withdraw from the Iran
nuclear deal—officially known as the Joint Comprehensive Plan
of Action, or JCPOA—was arguably the worst policy option for
addressing problems in what was, at the time it was signed, the least-bad
possible deal. Contrary to what candidate and then president Donald Trump
often said, it was not the worst deal in history.
There are some remarkable similarities between the slings and arrows
being launched at this agreement in the United States and in Iran. When the
deal was signed, presidents in Iran and the United States both oversold the
agreement, promising more than they could deliver. Conservatives in the
United States and in Iran were also, from the outset, ready to pounce on the
deal—sometimes based on false claims about what it did or did not do, some-
times claiming that their side had made too many concessions. Ironically,
in words that almost echo Trump’s language, Iranian conservatives called
H O O V E R D IG E ST • Fall 2018 95
SATISFIED: Iran’s supreme leader, the Ayatollah Ali Khamenei, was among
the Iranian officials opposed to rapprochement with the United States. The
scuttling of the US-Iran deal will give them leverage and divert attention from
failed policies. [AY-Collection/SIPA]
the JCPOA the most shameful one-sided deal Iran had signed in its modern
history—a veritable Treaty of Turkmenchay, the 1828 agreement forced on
a defeated and demoralized Iran by Russia, a pact synonymous with Iranian
defeat and colonial arrogance. In Washington, as in Tehran, the opponents
of the deal missed no opportunity to undermine it, demonize its negotiators,
dampen or limit its potential positive impact, and create or use an excuse to
overturn it.
The ironic structural similarities between enmities here and in Tehran
have, under the complicated contours of current realities, particularly in
Iran, taken on a new and ominous turn, with far-reaching, even historic, stra-
tegic consequences.
Much discussion of these consequences has focused on what might hap-
pen to the Nuclear Non-Proliferation Treaty, to regional arms races, to US
relations with allies, or to relations between the United States and North
H O O V E R D IG E ST • Fall 2018 97
Iranian pivot toward Russia—and away from the West—will have far-reach-
ing, perhaps historic, consequences.
No less critically, China, with investment capital on hand, waits patiently
on the horizon. A further weakened Iranian regime and economy might have
no place to turn but to China.
The imprudent policies of today, including a unilateral withdrawal or
undermining of the JCPOA, might well lead to dangerous results, long after
Trump ceases to be president.
I RAN
Revolution Ever
After?
The Iranian revolution, now nearly forty years old,
defied the West and the odds against its survival.
How have the mullahs pulled it off?
I
t is often claimed that every revolution contains the seeds of its own
destruction. After a spasm of radical overreach, the revolutionaries
yield to the temptations of pragmatism. The need to actually run a
government and address domestic concerns eventually causes them
to come to terms with the international order. Like the French Revolution,
all subsequent regimes have their Thermidorian Reaction. No nation can live
on ideology alone, and the imperative of staying in power forces erstwhile
radicals to soften their edges. The twentieth-century Chinese experience
tends to define our view of how modern revolutionary regimes evolve. After
decades of agitating against the prevailing order, Mao Zedong’s successors
accepted its legitimacy and abandoned communism for a more workable
capitalist system. The lure of commerce proved too tempting, as the Chinese
revolutionaries soon transformed themselves into savvy businessmen. Even
H O O V E R D IG E ST • Fall 2018 99
[Taylor Jones—for the Hoover Digest]
BRUTAL REASSURANCES
As Khomeini approached the end of his life, he grew apprehensive about
the vitality of his revolution. Suddenly there was a risk that the vanguard
Islamic Republic would become a tempered and moderate state. Iran would,
in short, experience the same cycle of revolution and reaction that other
revolutionary regimes from the eighteenth through the twentieth centuries
had experienced. China was a cautionary model as, soon after the death of
Mao, it moved in a pragmatic direction of discarding his ideological legacy. At
this point, Khomeini undertook two specific acts to ensure that his disciples
would sustain his revolutionary radicalism and resist moderation.
In 1988, shortly after the cease-fire with Iraq, he ordered one of his last acts
of bloodletting: the execution of thousands of political prisoners then lan-
guishing in Iran’s jails. The mass executions, carried out over several months,
were designed to test Khomeini’s supporters and make certain that they were
ruthlessly committed to his revolution. Those who showed hesitancy would be
seen as halfhearted and dismissed from power. And this indeed did happen to
Ayatollah Hossein Ali Montazeri, who objected. Khomeini was confident that
the government he would leave behind had the courage to inflict massive and
arbitrary terror to maintain power. Even after this bloodletting, however, he
still worried about possible backsliding on relations with the West.
Khomeini, therefore, manufactured another external crisis to stoke the
revolutionary fires. The publication of Salman Rushdie’s Satanic Verses,
T H E MI DDL E E AST
Hapless in Gaza
The world continues to feed Palestinians’ delusions
that they will one day return to land that is now part
of Israel—encouraging the Palestinians to spurn
peaceful solutions that could actually be attained.
By Peter Berkowitz
L
ast May, freelance journalist Ahmed Abu Artema, an organizer
of “Gaza’s Great Return March,” emphasized in a New York Times
op-ed the peaceful intentions of a movement that has sparked
violence since late March and led to dozens of Palestinians killed
and thousands injured by Israel in defense of its border. In fact, the move-
ment’s very name proclaims a warlike ambition. The “great return march,” a
journey from Gaza to Palestinians’ supposedly true homes in the sovereign
state of Israel, reflects the dream of abolishing the Jewish state.
This dream is the root cause of the humanitarian disaster that blights
the lives of Gazans, and of Hamas’s new round of war—involving the use of
flaming kites on a near-daily basis to set Israeli fields ablaze and of terrorist
infiltration to commit atrocities against Israel’s civilian population.
The seed that grew into “Gaza’s Great Return March,” according to
Artema, was planted in December when President Trump announced—in
accordance with a 1995 congressional resolution—that the United States
would move its embassy from Tel Aviv to Israel’s capital city, Jerusalem.
This, asserted Artema, deepened the wound he feels when he looks across
Peter Berkowitz is the Tad and Dianne Taube Senior Fellow at the Hoover Insti-
tution and a member of Hoover’s Working Group on the Role of Military History in
Contemporary Conflict.
refugees into citizens. First it tries to repatriate them. If that fails, it prompt-
ly turns to resettling and integrating them elsewhere.
In stark contrast to the UNHCR, UNRWA is single-mindedly dedicated to
repatriating Palestinians, most of whom by now were not born in Israel, while
neglecting for several generations Palestinian resettlement and integration
elsewhere. Unlike the UNHCR, UNRWA treats refugee status as heritable.
That’s why, despite there being no more than about 650,000 Arabs who left
their homes in 1948 and 1949 during Israel’s war of independence, UNRWA
today recognizes more than five million Palestinians as refugees.
By nurturing this dream of return, the international community perpetu-
ates the Israeli-Palestinian conflict. Repeatedly assured by diplomats and
intellectuals that their people are blameless, Palestinian leaders refuse half
measures. Systematically encouraged to believe that their grievances are all
Israel’s fault, Palestinians reject compromise. Relieved of accountability for
violating the laws of war, they make human shields of their noncombatants
and make military targets of Israeli noncombatants.
TH E MI DDLE E AST
Only a Mirage
A two-state solution was always going to require
Palestinians and Israelis to trust each other. The
latest Gaza violence has rendered such trust all but
impossible.
By Richard A. Epstein
F
ew issues produce more political and emotional discord than the
Israeli-Palestinian conflict. In principle, there is much to commend
a two-state solution. If achieved, it could allow the two groups to
live beside each other in peace. Unsurprisingly, the interminable
peace process hit yet another roadblock earlier this year when the US embassy
opened in Jerusalem. Israeli Prime Minister Benjamin Netanyahu proclaimed
before Israeli and American dignitaries, “We are in Jerusalem and we are
here to stay.” Meanwhile, thousands of angry Palestinian demonstrators were
rebuffed with deadly force as they sought to storm into Israel from Gaza. The
Palestinians timed those May confrontations to correspond with the seventieth
anniversary of the Palestinian exodus that resulted in the birth of the Israeli
state. Dozens of Gazans died and thousands were wounded as the Israelis used
live ammunition to keep protestors from storming over the barricades.
Now that the protests have subsided, Hamas seeks to capitalize on the
deaths and injuries to isolate Israel diplomatically. The United Nations
Human Rights Council in Geneva has harshly condemned the Israelis for
Richard A. Epstein is the Peter and Kirsten Bedford Senior Fellow at the Hoover
Institution and a member of the steering committee for Hoover’s Working Group
on Intellectual Property, Innovation, and Prosperity. He is also the Laurence A.
Tisch Professor of Law at New York University Law School and a senior lecturer
at the University of Chicago.
NO HINT OF COMPROMISE
Politically, the discussion takes a more ominous turn when the protests are
set against the context of the deplorable conditions in which Palestinian
Gazans live. The Palestinian argument is that any acts of immediate aggres-
sion must be viewed within the larger context of the long-running dispute
between the Palestinians and the Israelis. That argument boils down to the
proposition that any and all force needed to reverse the so-called illegal
occupation of Palestine is justified. But that no-holds-barred attitude only
hardens the lines of division. As the recent confrontation indicates, short of
any major transformation of Palestinian demands, there is no chance of a
constructive movement away from the intolerable status quo.
Formidable obstacles lie in the path of the two-state solution. The Palestin-
ians are up in arms about the United States’ decision to locate its embassy in
EASTERN E UROPE
Where Is Poland
Heading?
A new populist party aims to tighten its grip on
institutions—and on Polish history itself.
By Norman M. Naimark
D
uring the forty-five painful years of communist rule, Poland’s
economy was overwhelmed by shortages, low productivity,
and debt. Today, the country is booming; by most measures it
represents one of the eight strongest economies in Europe and
certainly the biggest in the former Soviet bloc. Unemployment is down from
double-digit numbers to 4.1 percent; growth is steady at 4 percent a year.
The infusion of investment and aid to the country’s infrastructure from the
European Union has translated into urban and even rural prosperity. Since
the collapse of communism, GDP per capita has almost tripled from $5,510 in
1990 to $15,049 in 2016.
Not only is Poland prosperous, but for one of the few times in its long
and frequently tragic history, the country is relatively secure. It has been a
stalwart member of NATO since 1999 and of the European Union since 2004.
Poland would like greater guarantees for its security from the United States,
including the permanent stationing of US troops, for which it has offered the
funding. But in lieu of that, there have been serious joint operations between
Norman M. Naimark is a senior fellow at the Hoover Institution and the Free-
man Spogli Institute for International Studies. He is also the Robert and Florence
McDonnell Professor of East European Studies at Stanford University.
$135) to Polish families for additional children. The amount may not seem
like a lot, but it provides just enough extra cash for families to allow for many
women to afford to stay at home with their children. Promises of increased
pensions and early retirement policies have also garnered PiS the kind of
popularity that made it possible for it to overwhelm its primary opponent,
Civic Platform, in the 2015 elections and control the politics of the national
assembly, the Sejm, together with several small conservative and right-wing
parties.
PiS’s assault on liberal Poland began in 2016 with a partly successful
attempt to “reform” Poland’s Constitutional Tribunal, which the party
claimed was in the hands of judges appointed in the communist era. It also
sought to empower the minister of justice to replace the justices with those
friendly to the party. In these plans, the National Council of the Judiciary,
an independent body that deals with appointing justices and reviewing their
performance, would have been subordinated to the parliament and therefore
to PiS. Recently, the government took on the Supreme Court, passing a law
EASTERN E UROPE
A Taste of Polish
Anger
Political figure Ryszard Legutko explains why
Poland’s ruling party is blazing its own path.
By Tunku Varadarajan
T
here is much talk about tensions between Europe and Don-
ald Trump’s United States. But just as the American public
is divided over Trump, Europe has its own deep fissures. The
most prominent example is Brexit, Britain’s vote, months before
Trump’s election, to leave the European Union. A close second may be the
EU’s clash with Poland, its largest Eastern European member.
One reason Poland infuriates the EU, according to Ryszard Legutko, is
Warsaw’s unswerving pro-Americanism. After Brexit, Poland will be “the
most Atlanticist country in the EU,” says Legutko, a professor of ancient
philosophy who also represents Poland’s conservative governing party in the
European Parliament.
“That’s why we have the notion of strengthening the eastern flank of NATO
with American troops,” he tells me in an interview at the Polish Consulate
in Manhattan. “I do not think that a substantial reduction of the US mili-
tary presence in Germany will happen soon, but one cannot exclude such a
Reprinted by permission of the Wall Street Journal. © 2018 Dow Jones &
Co. All rights reserved.
EASTERN EUROPE
A Bloc Divided
Authoritarianism reappears in Eastern Europe.
Will the European Union defend its values?
B
oris Johnson should change his name and move to Hungary. “My
policy on cake,” Johnson famously says, “is pro having it and pro
eating it.” With this approach to Brexit, the British government
will end up neither having its cake nor eating it. Viktor Orbán’s
nationalist populist Hungarian government, by contrast, is triumphantly
practicing the Johnson doctrine. It receives more European Union cake per
capita than any other member state while mustering nationalist support by
biting the Brussels hand that feeds it. Boris Johnzsönhelyi would be a happy
trooper on the Danube.
Poland is also having its cake and eating it. According to European Commis-
sion figures, more than half of all public investment in Hungary and Poland in
2015–17 was funded by the EU. I recently visited one of Poland’s poorest regions;
wherever I went there was a road, a bridge, a marketplace or a train connection
being modernized with EU funds. Yet the country’s de facto leader, Jarosław
Kaczyński, has eviscerated the independence of the courts, turned public
service radio and television into propaganda organs for his Law and Justice
Party, and continues to pursue Orbánisation à la polonaise. He hasn’t got as far
as Orbán, but the consequences of east-central Europe’s largest country sliding
into Hungarian-style soft authoritarianism would be larger for the whole EU.
AS IA
Two Roads
Why did Japan and China take such divergent
paths into the modern world?
By Mark Koyama
O
ne hundred and fifty years ago, the Meiji Restoration upturned
the traditional political order in East Asia. After 1868, Japan
rapidly build a modern and centralized state, acquired a colonial
empire, and despite catastrophic defeat in World War II became
the largest economy in East Asia (until the early twenty-first century). This
represented a dramatic reordering of the traditional Sinocentric East Asian
political order, one that has been partly reversed in recent decades with the
rise of China restoring the pre-Meiji equilibrium.
This was East Asia’s “little divergence”—a transformation that paralleled
the broad Great Divergence that opened up between Western societies and
the rest of the world after 1800. In recent work with co-authors Chiaki Mori-
guchi and Tuan-Hwee Sng (2018), I consider the factors responsible for the
little divergence in state power that occurred between China and Japan.
From an outsider’s perspective, this transformation is puzzling. After all,
China had what Francis Fukuyama deems “the first modern state” over two
thousand years ago. And under its last dynasty, the Qing, its borders reached
their greatest extent and its population and economy expanded tremendous-
ly. China had a centralized fiscal system and the largest army in the world,
and was governed by a professional bureaucracy recruited via a competitive
scope but also because they demanded that some entity in Japan fill a nation-
al authority role analogous to that of a monarchy or republic in Europe—and
no such entity really existed in Tokugawa Japan.” The shogunate lacked
the capacity to adequately protect Western merchants, missionaries, and
diplomats. In what was but one of a series of violent incidents, Charles Len-
nox Richardson, a British merchant, was killed in 1862 because he refused
to make way and dismount for a retinue of Satsuma samurai. The British
demanded reparations from Satsuma and when these were not paid on time,
the British bombed Kagoshima, an event known as the Anglo-Satsuma War.
ATTEMPTING TO MODERNIZE
Claims that Chinese statesmen were too conservative, hidebound, or con-
strained by Confucianism to implement reforms are misleading. Local gov-
ernors and generals like Zeng Guofan, Zuo Zongtang, and Li Hongzhang did
attempt modernization. The “Self-Strengthening Movement” that they were
associated with has been reevaluated by many historians. In the military
realm, at least, it was comparatively successful: naval yards were estab-
lished; French military experts were brought in; factories, mines, and other
industrial projects were begun. Notable achievements include the construc-
tion of the Beiyang and Nanyang fleets. Chinese factories, such as the Jiang
nan Arsenal, produced high-quality repeating rifles and up-to-date artillery.
In fact, as late as the First Sino-Japanese war, Western observers rated the
Chinese navy as superior to the Japanese. The Beiyang Fleet alone was the
largest and best equipped fleet in Asia. Their small arms and artillery were
at least equal to those of the Japanese. But the limitations of late imperial
China were political and institutional, and not amenable to a simple techno-
logical or military fix.
Crucially, moderniza-
tion efforts in China Tokugawa Japan had no central trea-
were dispersed and not sury or taxation, and no monopoly on
coordinated. Moreover, legitimate violence. Even weights,
in the face of local oppo- measures, and currency varied across
sition by elites, reform-
the domains.
ers were often forced to
back down, as in the case of Woosung Railroad. Corruption and bureaucracy
impeded foreign investment and diverted government funds away from the
most valuable projects. After 1885, momentum for reform slackened. The
imperial government grew wary of granting too much authority to Han
Chinese provincial governors. By the time China was defeated by Japan in
1895, it was too late for the imperial government to wholeheartedly back
modernization. When it did attempt major reforms, this led to the collapse of
central political authority and the fall of the Qing dynasty.
In contrast, the efforts of the Meiji reformers in Japan were remarkably
coordinated and part of a coherent policy that aimed at not only adopting
Western technological and military tactics but also overhauling society from
the ground up. Of course, the Meiji reformers built on policies enacted during
the final decade of Tokugawa rule, and they made many missteps. But their
policies were much more radical than anything attempted in China. Their
reforms included the abolition of feudalism and the samurai class. The new
Japanese state also was prepared to use violence to suppress opposition.
AS I A
By Miles Maochun Yu
I
n the ancient Chinese military strategy classic Questions and Replies
between Tang Taizong and Li Weigong, the great Tang dynasty emperor
Taizong famously ruminated that “in war, we prefer the position of the
host to that of the guest.” In essence, Emperor Taizong’s pithy state-
ment sums up China’s long-standing strategic approach toward the decades-
long military standoff on the Korean Peninsula—that is, to play the “host”
and to make the United States and its allies play the “guest.”
In Chinese strategic parlance, playing host means maintaining the capability
to control the process and direction of the conflict by creating dependency, both
in North Korea as China’s proxy, and in the United States as China’s enemy, on
Beijing’s own terms and the degree to which the Chinese leadership is willing to
cooperate with the United States to solve the North Korean problem.
The historical fallout of this Chinese strategy on the Korean Peninsula,
developed since the outbreak of the Korean War in June 1950, has always
Read Military History in the News, the weekly column from the Hoover
Institution that connects historical insights to contemporary conflicts
(www.hoover.org/publications/military-history-news). © 2018 The Board
of Trustees of the Leland Stanford Junior University. All rights reserved.
I N TERVI EW
“We’re
Accountable
to You”
Defense Secretary James Mattis, a former Hoover
fellow, on running the Pentagon: “You go in, roll up
your sleeves, and go to work.”
By Peter Robinson
James Mattis (USMC, retired) is the secretary of defense and the former Davies
Family Distinguished Visiting Fellow at the Hoover Institution. Peter Robinson
is the editor of the Hoover Digest, the host of Uncommon Knowledge, and a
research fellow at the Hoover Institution.
James Mattis: You’ll remember Secretary Shultz saying over the past
several years that we have a world that’s awash in change. Any strategy you
have must adapt to the world as it exists, not the one that used to exist. In
this case, we had not had a defense strategy, ladies and gentlemen, in ten
years. This is your defense strategy; it’s not the Pentagon’s. You own us and
we’re accountable to you. We get an awful lot of the nation’s treasure, and we
needed something to guide us because without a strategy, without a sound
strategy fit for its time, the most brilliant generals, the most well-equipped
troops, the most high-tech equipment, fine tactics—none of that works.
We had to assess what are the dangers in the world. In this case, we had to
look at the attack on the state system. You look at China today, and the way it is
shredding trust in the South China Sea, the way it’s using predatory economics.
You look at Russia trying to get veto authority over the economic security and
diplomatic decisions of countries around its periphery, and mucking around in
other people’s elections.
You look at even the ter-
rorists and how in one “Halfway around the world, Ameri-
case, that of ISIS, they ca’s power of inspiration reached all
bulldozed the boundary the way to the western Euphrates
line between Syria and River bank, to a guy who hated us so
Iraq. What you’re looking much he was trying to kill us.”
at is a variety of forms
of attack on the sovereignty and territorial integrity of the state system. So we
had to have a strategy that allowed our diplomats and our president to move
forward from a position of strength.
But there is a bigger issue here, Peter.
Back in 2004, I’m a two-star general, commander of twenty thousand sail-
ors and Marines, and we’re out in the western Euphrates River Valley. I’ve
got twenty-nine guys with me and we’re traveling and we get slowed down.
We have flat tires and stuff. It’s a terrible place. Seventeen of those twenty-
nine lads will be killed or wounded over the succeeding four months.
We pull into one of the camps, in the middle of nowhere, and there I am
reminded that America’s got two fundamental sources of power: the power
of inspiration and the power of intimidation. When the sun came up the next
day, the lieutenant with those sailors and Marines came up and said, “Would
you like to meet a guy who was digging a hole out here to put a bomb in on
the road you used last night?” That gets a little personal. I thought, “Yeah,
sure, I’d like to meet him.” And the lieutenant said, “He’s well-educated.
Educated in Europe. He speaks perfect English.” I said, “Really? Bring him
on over.”
So they bring him over. He’s obviously a little uncomfortable. There he
was with his wheelbarrow the night before, a couple of artillery rounds, a car
battery, detonator. He’s got his shovel, he’s digging, he looks up, and there are
five guys carrying M-16s looking at him. It’s not looking good for him and his
401(k).
Now they cut his handcuffs off and he’s shaking like a leaf, of course. We
get him a cup of coffee. I say, “What are you doing this for? You’re Sunni,
we’re Marines. We’re the only friends you’ve got in this town, in this country.”
He says, “Oh, you Jews, you Zionists, you’re this and that. You’re here to
steal the oil,” and so on. I say, “You’re obviously an educated man. If you’re
going to run your rant like that, just go away.” And he says, “Well, can I sit
here for a minute?”
So I give him a cigarette, have to light it for him and everything. I say,
“Where’s your family?” He says, “In a place called Al-Qaim, about an hour
away.” He has a wife and two daughters and I say, “Well, that’s going to be
tough on them.” And he says, “Yeah. I just don’t like having foreign soldiers
Robinson: A minute ago you mentioned the South China Sea. The Chinese
have over the past couple of years taken a number of atolls and turned them
into military bases, with runways and deep-water ports. Have they already
bent back our first line of defense?
Robinson: Let’s turn to Russia. How worried do we need to be? Are we sim-
ply containing an aging power, or are we containing something that’s newly
aggressive?
Robinson: It’s quite a job you have, because every question I have is about
bad news someplace in the world.
Robinson: All right then, North Korea. In November, they tested a new ballis-
tic missile, which at least in theory has a range that covers the entire conti-
nental United States. A purely military question: are we truly only a few test
firings of a ballistic missile away from having the continental United States
exposed to nuclear weapons from North Korea?
Robinson: China, Russia, North Korea, and Iran are the four principal state
threats that the National Defense Strategy identifies. You identify three
distinct lines of effort in this document. One is building a more lethal force.
The budget deal that was just agreed to gives you a budget for fiscal year
2018 of $700 billion, roughly a $61 billion increase over last year. Have you got
enough?
Mattis: The short answer is yes, and it was due to bipartisan congressional
support. It wasn’t perfect. I’m very concerned about the level of debt we are
passing to the younger generation. But at this point, this was the best way to
reverse the damage that had occurred over years of combat, not replacing
ships or airplanes or equipment at the rate we should have, not maintaining
them.
No nation can maintain its military security if it doesn’t keep its fiscal
house in order, so part of what I have to do is make certain we spend this
money well. If it does not contribute to the lethality of the military on the
battlefield, whether it be a personnel policy, a piece of equipment, a radio,
doesn’t matter what it is, then it’s probably not fit for us. Now, you look at
lethality widely. Part of lethality is making certain, for example, I have access
to good education for the sons and daughters of military members so they
feel like their family can move forward in life, even as they’re going off to
fight the nation’s wars. That is still going to contribute to what we do on the
battlefield. The number one thing I can do for the military on the battlefield
is to bring them home alive and in one piece—mentally, physically.
Robinson: Last question. Here you are, in what is surely one of the small
handful of the most demanding, exhausting, frustrating jobs on the planet.
What keeps you at it?
Mattis: Over the years, I grew exceedingly fond of these very selfless young
folks who sign a blank check to all of you, payable with their lives. And so
I stuck around long enough to learn that when the president of the United
States, Republican or Democrat, asks you to do something, you do it to the
best of your ability. You don’t get into the hot political rhetoric or anything
else. You go in, roll up your sleeves, and go to work. We have a responsibil-
ity to the young people to turn over the country in as good a shape as it was
when we inherited it, and that’s probably the thing that keeps me going.
I NTERVI EW
By Russell Roberts
Russell Roberts, EconTalk: Jordan Peterson’s latest book is Twelve Rules for
Life: An Antidote to Chaos, which is the subject of today’s conversation. Jor-
dan, welcome to EconTalk. Your book is extraordinary. It may be the only self-
help book that combines the Bible, Nietzsche, Dostoyevsky, Jung, and a lot of
Jordan Peterson. I found it provocative, inspiring, and sometimes frustrating.
Roberts: I bet you did. Keeping to a mere 350 or so pages must have been
challenging for you, because I know you have a lot to say. I want to start with
happiness. Many people have as their central goal in life to be happy. Is there
something wrong with that?
Peterson: Well, there are a bunch of things wrong with it. First, it’s simply
not true. What people actually mean when they say they want to be happy
Peterson: There is something to it. Most of the time in life, there’s at least
one serious thing going wrong. You have a relative who’s not well, or you have
financial difficulties, or there’s a problem in a relationship. Life is hard, and
there’s often something going wrong. So, if what you want is to be happy and
most of the time there’s something serious going wrong, then that’s not going
to work out very well for you. So, what I recommend in Twelve Rules for Life,
and what wise people have recommended since the beginning of time, is that
you look for meaningful engagement, significance, and responsibility instead
of happiness. Because that can keep you afloat during tragic and troubled
times. It’s not like I’m against happiness—if it comes your way, embrace it.
But it’s a gift, I think, rather than something that’s a proper pursuit.
Roberts: Do you think it’s dangerous and unhealthy to assume it’s our lot in
life? I feel like a lot of people, certainly in America in the twenty-first century,
feel like it’s their birthright. And if they don’t get it, something’s terribly
unfair.
Peterson: Yeah, that’s not good. That’s why in so many religious traditions
the fundamental axiom is that life is suffering. The fundamental precondi-
tions of life are tragic, and that has to be contended with. The idea that
somehow the default position of human beings is happiness is the delusion of
an extremely naive child.
Roberts: I want to talk about meaning, which runs through the book. I got
an interesting question from a listener, who wanted me to ask you about the
Peterson: I think that often people attach themselves to something for the
wrong reasons. I wrote about that a fair bit in rule six: set your house in per-
fect order before you criticize the world. Which is a meditation on the desire
to commit atrocity. It’s a description of the mindset of people like the Colum-
bine High School shooters and a serial killer and rapist whose psychological
state I analyze named Carl Panzram, who wrote a very interesting autobiog-
raphy describing his motivations. People can go to very dark places because
they become bitter and resentful, and they can align themselves with the
desire to do harm, to commit atrocity, to produce suffering for the sake of
suffering. That’s the gateway to hell.
I do think that people can differ in the metaphysics of their aim. Some peo-
ple are aiming at having a loving family life, and that’s perfectly fine. That’s a
high-order goal, and challenging. There’s nothing trivial about it at all. It’s dif-
ficult to put your family
in order, properly. And
“Impulsive gratification of each whim if you can do that, then
is a very bad strategy. It’s the strategy of you’ll be able to do a
lot of other things as
a two-year-old—literally—and a two-
well. But people need
year-old can’t survive in the world.” to have a goal that’s
beyond the gratifica-
tion of the impulses of the moment. Not least because the strategy of gratify-
ing impulses in the moment doesn’t work very well. So, Twelve Rules for Life
is a very philosophical book, and it deals in high-order abstractions fre-
quently. But the entire point of the book is practicality. I’m trying to provide
people with information that’s necessary to make the kind of choices in their
day-to-day life that would really help put their worlds together. Impulsive
Peterson: I think it’s brilliant. You can see that in the way people look at each
other, and I mean that literally. When you talk with someone or a group, you
watch the eyes and face of the individuals to see what they’re broadcasting
at you. What you want is interest: eyes open, pupils slightly dilated, and their
face configured so that they’re taking in the information that the interac-
tion with you constitutes. You want them broadcasting a certain amount
of hopeful, positive emotion at you. And all of that is broadcasting that you
are acting in a lovely manner, in Smith’s sense of the term. And people are
always telling each other exactly how to do that. You want people to laugh
at your jokes, because that means you’re actually funny. You want people to
listen when you speak,
because that means you
“I can say that despite the horrors, the have something to say.
betrayal, and the atrocity, you have You want people to be
enough nobility of spirit and enough happy when you enter a
potential to actually live successfully room, because that means
they’re glad you’re there.
in the face of that.”
And people broadcast
your departure from the ideal at you all the time. If you pay attention to that,
you can figure out how it is that you should be, and you could get better at
being that way. There’s no loss in that. Well, the one loss is that you have to
take responsibility for it, and you have to let go of everything about you that’s
interfering with that. So, there are sacrifices to be made. But, there’s nothing
but ultimate gain, I would say, in every sense of the word.
Roberts: When we interact with other people, we have these little feedback
loops of approval and disapproval. That’s what Smith talks about. It’s the
raised eyebrow or that look that says, “I want more. I want to be here.” When
you get that look, you know you’re doing something right.
Roberts: Some of the most transcendent moments of my life have been the
handful of times that I’ve had a conversation where that kind of connection
is established, with a person who might be almost a stranger. Although it’s
lovely if it’s your wife, your children, your loved ones. When you can connect
with another human being in that open, inviting manner, it’s a delicious thing.
Roberts: And it’s a great drug. The side effects are all positive. You can’t beat it.
Peterson: Yeah, and it’s good for you, and good for the people you’re having
the conversation with, and good for all the people they know.
TOUGH LOVE
Peterson: It’s a lot of a lecture. But I’m lecturing myself as well, so I hope that
redeems it to some degree. I hope that I’m not finger-wagging.
Peterson: Right. It’s like, “Oh, I kind of suspected this is what it is like, but
no one’s ever actually said it.” I really want to make a strong case for that
and just drive it home, so that there’s no doubt about it. Because then I can
say that despite the horrors, the betrayal, and the atrocity, you have enough
nobility of spirit and enough potential to actually live successfully in the
face of that. And that’s even more powerful. The ability to live a meaning-
ful, responsible, and truthful life is more significant than the pain and the
malevolence. I weighted things heavily in the negative direction because I
want people to understand that the optimism the book contains, which is a
hymn to the possibilities of the human spirit, is not naive.
Peterson: I’ve thought about the idea of sacrifice for a long time, for a variety
of reasons, trying to understand what it meant psychologically. Take the
sorts of sacrifices, for example, that are acted out dramatically in biblical sto-
ries and that were so much a characteristic of ancient cultures: the idea that
you had to sacrifice to please God. It finally occurred to me that people were
Roberts: It’s an incredibly deep idea. It’s basically a response to the idea,
which seems very reasonable, that savers are fools.
Roberts: That’s how you get to trade, right? Because eventually you realize
you don’t have to give that meat away. Instead, you could swap it and get
something. Or you could get a promise that you could swap something later,
when their corn grows or whatever.
Peterson: Right. That also shows you why integrity is so important, because
you can’t swap something you have now for a promise unless you both have
integrity. You might say that integrity is the best form of saving. That’s why
the New Testament says that you should pile up treasures in heaven. That’s
really what it means.
Because they’re the
“I’m an advocate of equality of oppor-
treasures that can’t be
tunity. But equality of outcome— destroyed. And it’s true—
there’s no difference between that it’s literally true—which is
and tyranny.” so cool.
Roberts: So, just as a footnote, John Maynard Keynes blames the idea of
savings on the Jews. And he blames the idea of the future on the Jews—and
views it as a bad thing. It’s one of the dark sides of Keynes’s ethos. He viewed
sacrifice as a tragedy. Why not enjoy it now? That was the hedonistic side of
Keynes. But the fact that he blames it on the Jews is very interesting, given
that you argue also that it comes out of the Old Testament.
Peterson: Yes. It’s also funny that he would regard that as a catastrophe.
It’s not a catastrophe to live for the moment if you’re going to die tomorrow.
We also know that’s how people behave. If you put people in an environment
where their mortality risk dramatically increases, and they know it, they
become increasingly hedonistic. And it’s no wonder, because they’re not
going to be around. But the problem with living for the moment is that you’re
also going to be around for the hangover.
Roberts: Or your children will be. Keynes says that in the long run we’re all
dead. And I always want to say, “Yeah, but my kids aren’t, I hope.” In which case,
I don’t want to burden them with whatever it is that you’re worried about.
Roberts: I wonder if you’d reflect a little bit on the Jordan Peterson phenom-
enon. I’d never heard of you until a year or so ago, when several people said I
should interview you. And now it seems like you’re everywhere. You’ve obvi-
ously hit a nerve.
Roberts: You did. Many people are enormously gratified that you’re saying
what you’re saying. Another group is enormously angry. Your book is cur-
rently the top seller on Amazon. What’s going on?
Peterson: Who knows? I ask myself that virtually every minute I’m awake.
It’s completely overwhelming. But there are a couple of things. First, I
definitely have set myself up in loud, continual, and intense opposition on all
fronts against the radical left.
Peterson: There’s a paper by Jung called “The Relations Between the Ego
and the Unconscious,” which I read about twenty-five years ago. It’s about
hubris, and it’s a warning about Icarus. Jung was very clear. He said that
you have to be careful when you are in the archetypal domain that you don’t
confuse yourself with the archetypes, because you will burn yourself up if you
do. I took that to heart. I needed to read that essay at the time I read it, for
reasons I can’t go into. I understood what he meant. And I’m painfully aware
of my own shortcomings; they’re always at the forefront of my mind. I’m not
confusing myself with the wisdom that I’m fortunate enough to be able to
speak about.
CAL I FORNIA
Sunny Delusion
California recently enacted a law requiring solar
roofs on all new homes. Wasteful and pointless,
the measure will damage the state’s economy
while doing nothing about climate change.
By Lee E. Ohanian
T
he five political appointees who comprise
the California Energy Commission voted
Key points
»» California’s
unanimously last May to require that
renewables plan
almost all new California housing include will do very little to
rooftop solar panels. The mandate also requires that cut global carbon
emissions.
new homes include expensive, highly energy-efficient
»» More use of solar
appliances, lighting, windows, and home insulation. will only increase
Environmental groups and the solar industry are the mismatch be-
tween supply and
embracing this building mandate, which would take
demand.
effect in 2020. But the new policy is unprecedented
»» The cost of man-
within the United States and it highlights just how far datory solar panels
California has gone in its quest for renewable energy. could skyrocket,
negating any sav-
California has committed itself to renewable energy ings.
like no other state, and this reflects the state govern-
ment’s preferences to unilaterally reduce carbon emis-
sions through renewables, with a focus on solar and wind power. As Gover-
nor Jerry Brown stated, “We don’t want to do nothing and let the climate get
Lee E. Ohanian is a senior fellow at the Hoover Institution and a professor of eco-
nomics and director of the Ettinger Family Program in Macroeconomic Research
at UCLA.
CAL I FORNIA
The Invisible
California
The coastal elites ignore the Central Valley—yet
force it to abide by their decisions. A portrait of
California’s own flyover country.
By Bruce S. Thornton
I
n 1973, as I was going through customs in
New York, the customs agent rifling through Key points
»» Coastal Califor-
my bag looked at my passport and said, with
nians are often blind
a Bronx sneer, “Bruce Thornton, huh. Must to the world on the
be one of them Hollywood names.” other side of the
Coast Range.
Hearing that astonishing statement, I realized for
»» Inland Califor-
the first time that California is as much an idea as nians rarely see their
a place. There were few regions in America more concerns, beliefs,
and needs taken into
distant from Hollywood than the rural, mostly poor,
account at the state or
multiethnic San Joaquin Valley where my family federal level.
lived and ranched. Yet to this New Yorker, the valley »» Government poli-
was invisible. cies hurt rural people,
the poor, and the
Coastal Californians are sometimes just as blind aged in California’s
to the world on the other side of the Coast Range, heartland.
two-inch bait fish. Thousands of agricultural jobs have been lost and farm-
land left uncultivated, all to satisfy the sensibilities of affluent urban environ-
mentalists. And even after a few years of abundant rain, valley farmers this
year are receiving just 20 percent of their south-of-the-delta water allocation.
Or take California’s high-speed-rail project, currently moribund and $10
billion over budget just for construction of the easiest section, through the
flat center of the valley. Meanwhile, State Highway 99, which bisects the
valley from north to south for five hundred miles, is potholed, inefficient, and
crammed with semis. It is the bloodiest highway in the country, in dire need
of widening and repair. Yet to gratify the Democratic governor’s high-tech
green obsession, billions of dollars are being squandered to create an unnec-
essary link between the Bay Area and Los Angeles. That’s $10 billion that
could have been spent building more reservoirs instead of dumping water
into the ocean because there’s no place to store it.
The common thread of those two examples of mismanagement and waste
is the romantic environmentalism of the well-heeled coastal left. That group
CULTURAL MINORITIES
More broadly, the dominant cultures and mores of the dot-com north and
the Hollywood south are inimical to those of the valley. Whether it is gun-
ownership, hunting, churchgoing, or military service, many people in the San
Joaquin Valley of all races are quickly becoming cultural minorities marginal-
ized by the increasingly radical positions on issues such as abortion, guns,
and religion.
DRY TIMES: A sign (opposite page) near Wasco offers a pointed message.
Drought leaves many farms without water, and many workers without jobs.
Valley residents complain that neither coastal communities nor state politi-
cians in Sacramento take their concerns, beliefs, and needs into account. [Rus-
sell Kord—Newscom]
Read Eureka, the online Hoover Institution journal that probes the
policy, political, and economic issues confronting California (www.hoover.
org/publications/eureka). © 2018 The Board of Trustees of the Leland
Stanford Junior University. All rights reserved.
H I STORY AN D CULT UR E
Marx’s Moldering
Manifesto
Karl Marx didn’t free the proletariat or anyone else.
By Russell A. Berman
K
arl Marx was born two hundred years ago in Trier, Germany, a
small town in the western part of the country. To celebrate his
bicentennial, the People’s Republic of China donated a larger-
than-life statue of the founder of communism to the city of his
birth, which the Trier city council voted to accept. It goes without saying that
this memorialization was controversial, not only because of the devastation
caused throughout the world during the twentieth century in the name of
Marxism, but also because of the still living memory of communist rule in
East Germany. Henceforth, when one thinks of Trier, one should remember
Tiananmen Square.
As if the China connection were not sufficiently provocative, the Marx
commemoration in Trier included a panegyric delivered in the town’s cathe-
dral by none other than Jean-Claude Juncker, the president of the European
Commission and effective head of the European Union. Juncker is hardly
known as a deep philosophical thinker and his efforts to present Marx as
a “philosopher who thought into the future” were the insipid ramblings of
a career Eurocrat. But his very presence at the event became a scandal
SOMETHING ROTTEN
As we approach the thirtieth anniversary of the collapse of the Soviet Union,
it is astonishing that Marx continues to be popular, and not just among
people like Juncker. Of course, there are the dogmatists in the few remaining
communist countries, such as China and Cuba, who continue to cling to his
sclerotic ideas. But there are also, closer to home, intellectuals and aca-
demics who purvey versions of Marxism in the humanities departments of
many college campuses. Meanwhile, outside of the universities, popularized
versions of Marx’s ideas circulate among left-wing populists, like those of the
Occupy Wall Street movement.
All the more reason to review what was rotten about Marx’s ideas—ideas
that gave rise to brutal dictatorships and the killing machines of the gulags.
If you read nearly any passage in Marx’s oeuvre, it’s hard not to be struck
by his sense of absolute certainty. He pronounces statements in an apodictic
manner, laying claim to an unquestionable sense of truth, with no opportu-
nity to doubt. He is therefore always on the attack as he decimates opponents
with unyielding polemic—and he was a master of polemical style, to be sure.
Meanwhile there is no self-reflection, no interrogation of his own views, and
no sense that he might possibly be wrong.
Marx channels a voice of infallibility, making sweeping claims with no
margin of error and no exploration of evidence: “All history is the history of
class struggle,” begins the Communist Manifesto, which he co-authored with
Friedrich Engels. All history? Was there really nothing else than conflicts
between different economic groups? For Marx, apparently, there was never
any other dimension of human experience worthy of independent consider-
ation: no history of technology, of ideas, of culture, or faith. He comes to this
H OOVER A RCHIVE S
Revolution Comes
to Stanford
Remembering Alexander Kerensky: leader of the
short-lived Russian Provisional Government that
ruled between the czar and the Bolsheviks, he
spent his later years at Stanford, hoping for “the
resurrection of liberty in my land.”
By Bertrand M. Patenaude
D
uring Homecoming Week in 1965, Stanford students cast their
ballots for the most popular candidate in the annual “Red Hot
Professor” charity competition. The winner—who had the honor
of leading the rooting section at Big Game—was Dwight Clark,
dean of freshmen men, with 19,752 votes. Close behind him in second place, with
18,200 votes, was a stooped, eighty-four-year-old lecturer with failing eyesight
and a cane he used for walking and, when in the classroom, thwacking loudly on
his metal desk. His name was Alexander Kerensky, the man who led the Russian
Provisional Government in 1917 and was overthrown by the Bolsheviks in what
became known in the USSR as the Great October Socialist Revolution.
By 1965, Kerensky had been at Stanford for much of the previous decade. In
his first years on the Farm, he occupied a cubicle in Hoover Tower, where he
researched a multivolume documentary study of the Provisional Government,
based on materials from the Hoover Library & Archives. In subsequent years,
he gave talks at Rinconada, Tresidder, Cubberley, and the Women’s Clubhouse
“LOSING RUSSIA”
Kerensky was born in 1881 in Simbirsk, on the Volga River, where his father,
a schoolteacher, was said to have had as one of his pupils a young Vladimir
Lenin. The future Bolshevik leader would one day oust Kerensky from power.
In 1904, Kerensky earned his law degree in the Russian capital, St. Peters-
burg. It was a time of political upheaval in Russia. The following year brought
a revolution that nearly toppled the Russian autocracy. Kerensky joined the
populist Narodnik movement and made a name for himself as legal counsel to
victims of the 1905 revolution. In 1912, he was elected to the Russian parlia-
ment, the Duma, as a member of the Toilers’ Party, a moderate, populist
party affiliated with the far more formidable Socialist Revolutionary Party.
Russia’s disastrous military performance in World War I, together with
the economic dislocation and hardship caused by the war, led to a political
crisis. In the winter of 1916–17, with bread shortages and workers’ strikes
on the rise, the autocracy was on the verge of collapse. Czar Nicholas II was
persuaded to abdicate the throne in what became known as the February
Revolution of 1917 (it occurred in March on the Western calendar, thirteen
This might have spelled the end of Bolshevism, but Russia’s turmoil was far
from over. The next chapter was the so-called Kornilov Affair in August—the
attempted coup d’état by General Lavr Kornilov, supreme commander in chief
of the Russian army, who marched his forces from the front in the direction of
Petrograd. Kornilov claimed to want to eliminate the Soviet, but Kerensky saw
a threat to the Provisional Government. In order to meet that threat, he chose
to release the Bolsheviks from prison and arm the city’s workers. Kornilov’s
march on the capital fizzled out, but the Provisional Government now
appeared weak and vulnerable, and its enemies were armed and dangerous.
The Bolsheviks, as the only party promising an immediate peace with
Germany and Austria-Hungary, were becoming increasingly popular with
workers and especially soldiers. In September, they won a majority in the
Petrograd Soviet. Lenin’s fighting slogan was “All power to the Soviets,” which
meant the overthrow of the Provisional Government. On the night of October
25–26 (November 7–8 on the Western calendar), the Bolsheviks occupied the
key government buildings in the capital, then seized power in the name of a
O
n November 11, 1918, the guns fell silent on the Western Front,
bringing the Great War to a close. This French war-bonds
poster from late in the war, with its soldier and ragged banner,
hints at the conflict’s gargantuan trail of destruction. It stands
in stark contrast to an earlier poster by the same artist, Jules-Abel Faivre
(1867–1945), which portrayed an eager soldier running toward the action and
crying out, “We’ll get them!” The armistice a hundred years ago ended the
war, and many illusions about war, but not the war’s suffering.
France issued four National Defense Loans during the conflict. This poster,
invoking the core French value of liberté, summons citizens to subscribe to
the third loan. In contrast to the humorous, satirical, bright American post-
ers of the day, European imagery had long since ceased depicting the war as
an adventure. The thousands of dead young men would never again be com-
pared to “swimmers into cleanness leaping,” as Rupert Brooke had rhapso-
dized in 1915. In this poster, Europe and the very globe itself drip with blood.
In this scarred landscape, Herbert Hoover, who would become president of the
United States a decade later, had been busy leading the Commission for Relief in
Belgium, dedicated to feeding people in German-occupied territory, and the US
Food Administration. After World War I ended, hunger remained—in fact, the
need for humanitarian aid was just beginning. With $100 million from Congress
and another $100 million collected from private donations, Hoover led the
American Relief Administration (ARA) on a mission to feed and provide other
critical materials to war-ravaged Europe. Its role expanded to revolution- and
famine-ravaged Russia, where it operated until 1923, sustained by the $20 million
Congress supplied under the Russian Famine Relief Act. Ultimately the ARA fed
twenty-three countries, delivering four million tons of relief supplies.
Hoover, who had to deal with reluctant and suspicious Russian leaders,
also faced pushback on the home front for feeding the Bolsheviks. He replied
to a critic, “Twenty million people are starving. Whatever their politics, they
shall be fed.”
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