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An ongoing discussion about conservatism in New Jersey.
The Latest
Peter C. Hansen  (January 18, 2010, 8:50 pm)

Apt closing words, Derrell!

Thanks very much to all of the Contributors who gave us their insights and proposals. Hopefully the Christie Administration will take heed, and that NJ will benefit from this vigorous source of constructive policies!


 
Derrell Bradford  (January 18, 2010, 8:40 pm)

More like a battle for reason. We can't afford the government we have right now. That's not about ideology...it's about reality.


 
Peter C. Hansen  (January 18, 2010, 8:29 pm)

We are entering the final minutes of the roundtable. Does anyone have a quick numbered list of priorities for Christie?

I'll put these down:

  1. Transparency measures to open up state government to public scrutiny (see here)
  2. End the ability of public-sector unions to influence state elections (see here)
  3. Reform of the civil-service laws, especially with regard to pensions (see here)
In closing, I'll say I agree with George that teachers should be treated as professionals (see here). I also agree with Gregg that a battle royale would be a welcome and indeed healthy thing to have with the NJ public-sector unions.


 
Harpriye A. Juneja  (January 18, 2010, 8:26 pm)

As George, Allan and others have brought up, there are quite a few parallels between the situation Christie finds himself in with the situation Obama found himself in a year ago. Christie would do well to pay close attention to the pitfalls which have led to Obama's current situation.

While the economic tailwinds are admittedly more favorable for Christie than they were for Obama, I would say the two key lessons for Christie would be: (1) limit your priorities to meat-and-potato issues (perhaps just the budget and school vouchers) and invest your time and efforts largely into ensuring you have meaningful accomplishments in those issues; and, (2) stay true your principles and personality. The electorate is likely to be more satisfied with a leader whose priorities they clearly understand and who has delivered on those priorities, even if they don't always agree with his methods.




 
James D. Agresti  (January 18, 2010, 8:23 pm)

Regarding the number of opportunities Christie may have to make appointments to the Supreme Court, Alan Steinberg writes:

“During the next four years, two New Jersey Supreme Court justices will reach the mandatory retirement age, and two others will be up for reappointment.”

In addition to the lamentable NJ Supreme Court decisions highlighted in Steinberg’s article (Abbott, Mount Laurel, Lautenberg-Torricelli), let’s remember that in 2000, the Court struck down a law requiring parental notification for minors undergoing abortions. Hence, a 13 year-old can now have an abortion in NJ without her parents’ consent or knowledge, but it is against NJ law for anyone under 18 years of age to get a tattoo or body piercing without written consent from their parent or legal guardian.


 
Murray Sabrin  (January 18, 2010, 8:14 pm)

Christie should "push" merit pay for public school teachers. After all, we have merit pay in higher education. Most college professors begin as assistant professors and they are promoted based on merit to associate and then full professor. Christie could drive a nice wedge between outstanding teachers and the NJEA. Let the games begin.




 
Harpriye A. Juneja  (January 18, 2010, 8:11 pm)

Pete, I second your desire to see if a Reagan- / Thatcher- like showdown with the state employees' unions over the civil service reform. I think it would be a defining symbolic moment for Christie and send notice to both entrenched interests as well as the electorate that he is indeed serious about fighting for the ordinary taxpayer in NJ.

Without such a stark message to confirm that we are indeed in uncharted territory, union bosses no matter how nervous at the moment will revert to their tried-and-tested playbook for prior difficult periods: lay low, stall and hope that they can hold out until the electorate loses focus (as it inevitably will).




 
Gregg M. Edwards  (January 18, 2010, 8:10 pm)

George, sadly, the teachers' union stands in the way of treating its members as professionals. The union devalues teachers by insisting that all teachers be treated the same. The NJEA is the enemy of the teaching profession.


 
Alan J. Steinberg  (January 18, 2010, 8:10 pm)

Note my column in PolitickerNJ.com today, "Christie Can Succeed Where Obama is Failing":

http://www.politickernj.com/alan-steinberg/36165/christie-can-succeed-where-obama-failing

Key quotes from article:

"In short, the result of the first Christie budget will be a test of wills between the new Governor and municipal and school district officials throughout the state. These local officials will hope that threat of property tax hikes and major reductions in education and municipal services will cause Christie to raise state taxes in order to close the $9 billion deficit and maintain state aid to municipalities and school districts at existing levels."

"Will Chris Christie succeed in making the focus on the property tax issue the reduction of local costs, rather than the amount of state aid? His success in this regard will determine how his administration will be judged, not just by the voters in 2013 but by historians in general. The ability of the Christie administration to communicate this message will depend on the political skills of his top officials."

"Christie can win the test of wills with local officials and the various public employee and teachers’ union, most notably the New Jersey Education Association (NJEA) if he holds firm and now conveys a real message of Hope: that after a painful period, the state’s budget expenditure can be reduced, that further reductions in taxes can be implemented, and that a more business friendly climate in the state will be the result."


 
Peter C. Hansen  (January 18, 2010, 8:08 pm)

NJ government and its local mini-me's (actually not so mini, unfortunately) depend on the shadows to build their empires and job rosters. What is needed is a vast amount of sunshine.

How about a super-FOIA for NJ? Allow any member of the public to review any NJ government file and e-mail unless an official accountable to the courts declares an item off-limits on the basis of a tightly worded regulation? Moreover, if an official uses a private e-mail account or file system to conduct state work, then that account or system must be opened to public scrutiny so that public items may be disclosed. In essence, it would mean giving the public read-only access to all NJ government network drives and e-mail accounts.

The implementing regulation could allow that items concerning identifiable private individuals must be kept in a shielded folder and redacted when disclosed upon order by a FOIA official or the courts. Moreover, any inter-office item intended to be confidential would have to be publicly listed as existing, but could be shielded from review for a set period unless a state FOIA official found no good cause existed to keep it hidden.

I'll admit that this is a radical proposal, and perhaps not even completely feasible, but it does provide a good starting-point for thinking about how to make NJ government more transparent.


 
Gregg M. Edwards  (January 18, 2010, 8:05 pm)

Peter, budget realities probably will force a Reagan/Air Traffic Controllers-type confrontation here in NJ. I won't go into the details here, but Corzine's June agreement w/ the unions to get "cost-savings" invites a legal battle; Christie can do little to get wage concessions w/o violating parts of that outrageous agreement. I welcome this confrontation. It will make a compelling case for changing the management-employee relationship.


 
George Zilbergeld  (January 18, 2010, 8:04 pm)

Dear James

I like the tone of your advice. I think this is very important.

Our model should be how Reagan acted and spoke. Christie must not repeat Obamas mistake of being aloof. He has to be the forceful voice of each proposal. I know this is easy to say for a professor who spends most of his time seated in comfortable room, but I agree with everyone who thinks our time is limited. You used a word "mananimously". This is key. We can't come across as the root canal folks.

I think we should be clear about what we think about the teachers. We need to forget the talk radio hatred of teachers. I know that we often separate the unions and the teachers but the tone is still quite hateful. This is a shame . According to an article in thei union magazine they think that about 40 percent of their membership is conservative. We can win some these folks over if we would just stop yelling at them. We can score points by taking on a common sort of corruption in New Jersey: Teachers are rarely addressed as professionals by the administration. For example: Are you aware of the practice of having principals and higher administratiors changing grades/changing who doesn't get into the honor society? It won't cost a dime to have the Governor champion treating teachers as professionals.

The point is that if we cant to stay on top we need to be about something more than taxes.

George




 
Peter C. Hansen  (January 18, 2010, 7:52 pm)

Harp, I like what you say about a declaration of emergency potentially being perceived later as "appearing overly alarmist down the line as the economy rebounds."

It strikes me, however, that declaring an emergency would be a good risk nevertheless. It would be an exact foil to the recent crisis and the federal takeovers – a Reaganite reply, if you will. It would be a great reflection of the present Zeitgeist, as the federal expansion was in its (very recent) day. At the same time, a Reaganite revolution in NJ would lay the foundation for NJ's lasting economic health, and would thus very likely gain a lastingly good reputation where the feds' TARP and such have become increasingly covered in ignominy.

Gregg - I agree that civil service reform is fundamental to getting NJ back on track. I earlier wrote on this as a way to combat official corruption in NJ. Taking the Reaganite conceit a bit further, could we perhaps envision a Christie-public union showdown like that between Reagan and the air-traffic controllers back in the day? At a minimum, it would be a joy to behold triple-pension holders publicly demanding that their privileges continue, and the public reaction thereto.


 
James D. Agresti  (January 18, 2010, 7:49 pm)

Peter hit the bull’s-eye in pointing out that the NJ Supreme Court (who fancy themselves as lawmakers instead of jurists) could certainly get in the way of Christie’s agenda. Does anyone have an idea as to how many opportunities for appointments to the Supreme Court Christie may have in the next four years?




 
Derrell Bradford  (January 18, 2010, 7:48 pm)

Pete,

Interestingly, I think education reform broadly should be a priority for the Christie administration and Bret because it is the one area where there is a pretty solid nexus of bipartisan consensus, and because it further outs the NJEA for playing its obstructionist role. For instance, the recent flap over the state's Race to the Top application, and its requirement that a "proposal" for linking student assessment data to teacher review be submitted, is something that seems wholly reasonable to the man on the street. It's, in fact, one of the signature issues of a democratic president...and there are many democratic and republic legislators who see the value in this, but the NJEA, in its practiced chorus of "no, no no" ain't having none of it. That sort of resistance just doesn't pass the smell test.

As for priorities...I'd say the Lesniak/Kean tax credit scholarship bill should be a front runner, because it's the kind of thing that needs to be done quickly, and because there's a great deal of support for it. In parallel...any charter school reforms the department can enact on its own. Then, revisiting the charter school law and possibly the "dollars follow the child" concept in the school funding formula. These, followed by a series of steps around transparency and teacher quality that pair with the state's second bite at the Race to the Top apple, are all good stuff.


 
George Zilbergeld  (January 18, 2010, 7:42 pm)

Dear Harpriye and others,

I agree that something should be done quickly. The publics mood is not good and we can't be sure the public won't turn on us as quickly as they have turned on the liberal establishment.

I don't want to see a repitition of what Whitman did where she cut some of the lowest paid people working for the state. This left a bad taste in many people's mouth. This school year the professors had to take a seven day furlough-but the staff ( who earn a good deal less) had to take an eleven day furlough. This was done by Corzine but the poit is that New Jersey has a bad habit of doing this over and over. If we do something else it will be a great opporutnity to a be the heros.

The gourp we should be aiming to please is the middle class. I think there are great opportunities to do this in high education. The middle calss is not interested in ideological battles but they sure are interested in getting a good education for their children. They are especially interested in being sure that their children who are in the liberal arts are going to be ok. Of course the liberal arts are where most of the political correctness occurs. Perhpas we should urge that no university's budget be approved until there is transparency and an audit. During the audit it should be possible to eliminate some ideological programs and courses.

For example:

A. The core curriculums are poorly designed if you want your liberal arts student to learn the fundamental skills they will need for the rest of their lives.

B. We can have them look at the basic composition courses and see that are taught by adjuncts. Why? So that the professors can go off and teach/preach their ideology?

C. We now have so many majors/minors etc.that are ideologically based. We might be able to say that at this time we can't afford such majors are Women's studies etc. that we need the money to teach the skills that THEIR children will need. Also we need the money to help the minority children who haven't had the proper opportunities.

D. We can urge that we should have some kind of a cap or ratio between the salaries of the staff and the professors and the administration. This will make it hard to say the we are against the little guy.

Couldn't we save the taxpayers some money and provide a better and more objective education for our children.

Is there someone who knows more about political realities who can answer if an audit before budget approval would be possible?

George




 
Gregg M. Edwards  (January 18, 2010, 7:40 pm)

Necessity dictates that Christie's first budget will treat symptoms of NJ's fiscal problems, not the root causes. Our tax system relies to heavily on the unstable income tax. Allowing the last year's rate increase to "sunset" is a good first step at addressing the structural problem. But other structural reforms are needed. Christie should implement his pledge to require that all expanded and new programs be "sunsetted" after a fixed numbers of years. He also should implement his pledge to require that expanded and new programs include clear performance indicators by which these programs should be measured.

Two more important reforms: NJ needs a constitutional spending cap. Second, labor costs will never be controlled without reforming NJ's civil service law.

Today's severe fiscal problems should be used to highlight the need for significant structural reforms.


 
James D. Agresti  (January 18, 2010, 7:40 pm)

I agree with Peter in that Christie cannot achieve spending cuts solely through his executive authority, which is why I use the phrase “in concept.” In practice, Christie needs to wield his veto pen liberally and take his message straight to the people, who are fed up with the fiscal situation in this state. If Christie can communicate forcefully, clearly, and magnanimously (ala Ronald Reagan), I think many of us will be shocked to see the positive reforms he could accomplish despite the power of the teachers’ unions and other special interests. The time for such action, however, is right out of the starting block – because this is when the electorate is most willing to give the new kid on the block some room to run with his ideas.


 
Murray Sabrin  (January 18, 2010, 7:39 pm)

The State's motto provides the answer to what needs to be done, which I have outlined over the years:

The mantra should be: Local institutions, local resources. Meaning: phasing out the state income tax so funding of public schools takes place with local resources. The Abbott districts would have to rely the state income tax, local property taxes, grants, tuition, etc.

Ending state tax dollar support for nonprofits. If they are performing well, they should get voluntary contributions for their operating revenue.

State colleges and universities should be financially independent within 7-10 years by increasing their endowments to make up for the phasing out of taxpayer support.

A major effort should be made to attract as many new businesses to NJ as possible. Phasing out the CBT would be the great incentive for business expansion in NJ and attract overseas businesses and companies from around America.

In short, the liberty agenda is easy to figure out, and "selling" it should be relatively easy. Morality and good economics are on our side.




 
Harpriye A. Juneja  (January 18, 2010, 7:35 pm)

Declaring a financial emergency is certainly an interesting gambit as it would at the very least sustain popular and media interest in NJ's structural issues. However, I wonder about the risk of potentially appearing overly alarmist down the line as the economy rebounds.

I suppose if Christie feels he needs the additional leverage that such as announcement might be worth looking into. But it would have to be sooner rather later, as he will want to be in position to wind it up with some tangible progress before such strong terminology loses its credibility or relevance towards the back end of 2010.




 
Peter C. Hansen  (January 18, 2010, 7:29 pm)

I agree completely, Derrell.

As I have written before, the NJEA is arguably the biggest obstacle to state reform today.

I would be curious to get your views, Derrell, as to what Schundler's priorities should be.


 
Harpriye A. Juneja  (January 18, 2010, 7:23 pm)

The timing of tomorrow's inauguration in New Jersey could overlap with a stunning GOP Senate victory in Massachusetts, providing some ammunition to those whose might want to start tracing a national GOP revival to the northeast.

There is little doubt that this administration has strong conservative philosophical underpinnings on key issues such as fiscal management and education reform. A lot of how much actually gets implemented is now a matter of both execution as well as how the political landscape shifts over the coming months.

However, the prospects for redefining a nationally viable GOP on the back of unambiguously conservative beliefs (i.e. school vouchers) makes being a "Jersey Conservative" suddenly a very fashionable item after a long period of political exile.




 
Peter C. Hansen  (January 18, 2010, 7:21 pm)

Murray and Jim, I think that in principle it is a good idea to declare a financial emergency (largely because there actually is one). On what first principles could Christie build, however, especially given the present constitution? (One thinks of all the Abbott interpretations of the education clause, for instance, and Christie would have a hard time – at a minimum – overriding the judiciary.)

Plus, could Christie feasibly risk at his inauguration proposing a wholesale restructuring of the state? I wonder, actually. I think that if Christie promised a wholesale review of NJ government, and a major reform bill for 2011 which contained the fruits of the study, that could prepare the electorate and get a lot of people looking at the structural flaws of NJ government.


 
Murray Sabrin  (January 18, 2010, 7:20 pm)

I would take with a grain of salt any optimistic budget projections for FY 2011. Christie should hit the ground running tomorrow and for the next six months. He should state unequivocally the that the welfare state has been an economic, financial and social failure. He should explain that the goal of every adult and family should be financial Independence and that we can achieve that goal if we have an educated populace and robust economy. And we will not have an educated populace with a collectivized education system. In short, education is too important to be controlled by politicians and bureaucrats.


 
Derrell Bradford  (January 18, 2010, 7:19 pm)

I'm going to offer a different reason for escalating the throwdown with NJEA than most...I think there are actually some competent, well meaning folks in the legislature who want to do "the right things" but for whom the de facto NJEA veto on so many policies is just too much to overcome. Which is to say, even in a discussion that does not include education reform, NJEA reform should be a priority. And here are two places to start:

First: open contract negotiations. Shadow is catalytic in how NJEA leadership gets over on taxpayers and, more importantly, works to keep bad teachers in the profession. After all, a bad teacher pays the same amount of dues as a good one, so the more teachers, the better, regardless of ability or outcomes. Additionally, it's a lot easier to ask for things most taxpayers would find borderline absurd when no one can watch the dog and pony show around teacher contract negotiations. The process should be made visible for everyone to see.

Second: stop making school districts the fiduciary entity for dues collection. This has less to do with leveling the playing field, and more to do with the free speech of NJEA members. There are many teachers, liberal and conservative, who do not agree with NJEA agenda items, but they must contribute to the overall agenda nonetheless. How about NJEA "asking" members for their money for political donations instead of getting a huge pot of cash delivered straight to them via taxpayer financed school districts? Makes too much sense to do it, right?

Part of getting folks to do the right thing is giving them a chance to. I don't write this to let everyone in Trenton off the hook...but to say there's a way we can enable them to at least be excellent, or terrible, on their own terms.


 
George Zilbergeld  (January 18, 2010, 7:15 pm)

Lately conservatives have done well just yelling at the flaws of the liberal proposals.

I wonder thought is we don't need to address various problems with conservative solutions-but still solutions. that is what I remember Reagan doing. He didn't just denounce . He always had a story to tell.

An example of that being done is our support for the voucher program.

George Zilbergeld




 
Peter C. Hansen  (January 18, 2010, 7:13 pm)

I think that Christie's appointment of Schundler is a great first step to getting some proper urban education reform going in New Jersey. This is best for the children in the affected districts, and fairer to NJ taxpayers. Obviously, the question is whether the NJEA and its servants in the Legislature will let Schundler go through, but I think he will do so. Not letting him in would be tantamount to a declaration of war at the start of the term. Given the impending and startling Brown-Coakley election, I doubt that this would be something the Democrats would be itching for at this time. The real fights will come later when actual measures are proposed.

Beyond this, I agree with Harp's view that the possible amelioration of NJ's tax revenues over the coming year may decrease interest in reform, and that Christie has to move quickly. I think one of the best things he could do is open NJ government offices to the media (including bloggers) for scrutiny. No doubt security would be an issue, but this is a matter of implementation. As I have said before, transparency, transparency, transparency!


 
James D. Agresti  (January 18, 2010, 7:13 pm)

I agree with Dr. Sabrin – at least in concept. If Governor Christie does not take drastic measures, the status quo of fiscal irresponsibility will prevail.


 
Murray Sabrin  (January 18, 2010, 7:06 pm)

Soon to be governor Chris Christie should declare a financial emergency and start at ground zero. By doing so, he can reshape, restructure, and reform state and local government. Failure to do so will preserve the status quo and give the entrenched interests the time to fight what is needed a substantial downsizing of state government, the regulatory apparatus, and the huge state and local tax burdens.


 
Peter C. Hansen  (January 18, 2010, 6:53 pm)

Good evening. Tonight the Jersey Conservative Contributors will be holding an online roundtable on the topic of "The Prospects for Conservative Policies in the Christie Administration." We will be chatting from 7 p.m to 8:30 p.m.

We look forward to a great discussion, and welcome to our readers!


 
Peter C. Hansen  (January 18, 2010, 6:46 pm)

It is great to welcome two great new Contributors to the team - Harpriye A. Juneja and Derrell Bradford.

Harpriye is a financial-services expert who served on the Christie transition team.

Derrell is head of E3, which pushes for education reform in New Jersey.

We look forward to reading their views and comments online!


 
Harpriye A. Juneja  (January 18, 2010, 6:30 pm)

The financial crisis which swept through the U.S. and the world since mid-2007 has left public finances almost universally in ruins.

New Jersey, with its historically reckless fiscal management and high dependence on Wall Street tax revenue, has proven more vulnerable to the global financial turmoil than most peers around the country. The crisis therefore not only played a decisive role in Governor-Elect Chris Christie's November victory, its deeply felt pain has also been correctly identified as providing favorable tailwinds for a pro-growth, pro-reform economic agenda. However, these favorable tailwinds may not carry as far into Christie's gubernatorial tenure as some around Trenton may believe. As 2009’s bumper Wall Street results have signaled, the financial hurricane is over – even though it has clearly left significant wreckage in its wake.

Lost amid the political furor over record bonus payouts has been the remarkable reality that capital markets, which had been badly strained for approximately two long years, have to large extent recovered. This semblance of normalcy in capital markets will in due course mean at least some recovery in access to finance for businesses seeking to expand their workforces, families seeking to buy homes and even consumers seeking to splurge. Consequently, most forecasters expect the U.S. economy to expand at a healthy 3% clip in 2010.These factors raise the possibility that as tax revenue again starts flowing into Trenton’s coffers, the state’s actual FY2011 deficit may not be as dire as currently projected.

It took time for the pain on Wall Street, where the crisis originated in summer 2007, to reflect itself on Main Street and public finances; recall the widespread public sentiment that the crisis was confined to being "a Wall Street problem" which persisted deep into 2008. Similarly, the sense of recovery on Main Street and in Trenton will lag the recovery in capital markets, which began in March 2009. However, as the sense of pain inevitably dissipates during the course of 2010, Christie’s leverage over entrenched interests – as well as the keen attention his pro-taxpayer agenda currently enjoys from an unusually watchful electorate – has the potential to revert to apathy and even hostility.

The bottom line is that while the incoming administration may have a historic opportunity to push through needed reforms, the political window for pushing through those changes could rapidly narrow. As the economy recovers and the electorate’s anger wanes, entrenched interests will feel less pressure to make long overdue concessions. This reality should dictate a sense urgency from the outset for Christie’s agenda as well as impose the political discipline to prioritize the most impactful and achievable reforms. This is undoubtedly a challenging task; however, the opportunity to push through dramatic changes through 2010 and yet still be in position to benefit from a fortuitously timed economic recovery should provide more than enough motivation for Christie to get it right.


 
Peter C. Hansen  (December 15, 2009, 7:24 pm)

Excellent points and statistics, Jim! The NJ public salaries and budget statistics you cite are stunning and depressing. (For those into such downers, I recommend some further stats here.) The threat which an out-of-control NJ civil service poses is immense because there is no commercial market force dictating or regulating its growth. It is like an invasive species running wild and threatening the NJ economic ecosystem.

To be fair, there may be some instances where large increases in government spending could be justified in a free market:

  1. To repair gaps in market-facilitating services, such as a temporary effort to repair neglected infrastructure
  2. The new officials are able to clear the market's path, so that their pay is a fraction of the growth they induce
  3. To meet unforeseen challenges that threaten the market, such as a massive outbreak of crime
  4. To socialize market-facilitating processes done less efficiently by private sector, so costs go down for same service

If on January 1, 2010, we could look out over a gleaming network of new infrastructure and a liberated, dynamic NJ marketplace, we might think that the decade's explosion in government growth was well-directed, and ready now to subside to a maintenance level. Instead, we observe an ever-heavier dead hand of government lying on the NJ marketplace, reducing profit outlooks and commercial predictability. This is government-as-parasite, not government-as-helper. This sort of government chases business and investors out of NJ. It chokes the life out of its economic host.

Let us assume that if the government diminishes the market's productivity, as in NJ, it does so for some economically unproductive form of social equity or justice. This is not necessarily a bad thing, since we are not mere widgets. Such a course would mean, however, that the public views the market not as the exclusive metric of social value, but merely as a tool for realizing some other social value. The questions would then be simple ones: (1) what is the social metric of value; and (2) is the state efficiently providing this value?

Whatever the social metric of value might be, it has to measure value to society as a whole, not just to the state apparatus. The NJ civil service and public unions are wrong to equate themselves with society as a whole. (See Carla Katz's recent, lengthy article advising Christie in this vein.) The civil service and public unions are not society, but instead live off of NJ society. If they provide a net economic or social benefit to their host (as they should), then they are doing their job. Otherwise, they are simply parasitical and should be removed to this extent.

The question then turns to whether the state is efficiently providing social value. The applicable test is simple: can any other means or institution more efficiently provide value than the one currently offered by the state? Let us take as an example one identified social benefit, a "thorough and efficient system of free public schools." (NJ Const., Sect. IV.1.) What social-value metrics does this provision introduce? The school system must be open to all students, at no cost to them or their parents. These are no doubt worthy social conditions, whatever their link to improving the marketplace.

So what is the best way to create such a "thorough and efficient" school system? Either debate abstract system models in a vaccuum, or let a competitive market of schools lead to winning models and an evolution to quality. Of the two courses, having competing schools is doubtlessly more efficient because it allows a comparison of real-world implementations. Even if an abstract model's implementation is not catastrophically flawed, its merits cannot be compared to competing real-world alternatives. Consequently, it can never be shown to be the maximally efficient model.

If the NJ civil service actually cared about maximizing value, it would facilitate and manage a real-world competition between schools, using vouchers to facilitate public choice between alternatives. The NJ civil service does not want such a competition, however, because it is already heavily invested in one product, namely traditional "public school" institutions. The NJ civil service and public unions have thus sought to shut down any competition and maintain their comfortable monopoly over NJ schools. (The Washington, DC example is a shameful prospect for NJ to consider.)

Until such conflicts of interest are removed, the state can never efficiently provide value, whatever the social metric.

So what is to be done? Here are a few ideas:

  1. End the ability of NJ public-sector unions to take part in state or local political activity and thereby negatively affect efficiency-maximizing competition
  2. Establish a high-level government service directed to conduct a permanent competition among independent service-providers to maximize efficiency in providing identified social goods
  3. Implement a metric for all government processes which (above a certain minimal dollar level) attempts to: (a) quantify the process's net economic impact on the private sector (starting with civil-service salaries); and (b) identify and measure other quantifiable social goods which are affected by the process

If these reforms could be instituted in New Jersey, the impact would be enormous. In all events, it has to be hoped that the Christie Administration has a principled approach to reform rather than a piecemeal one. For New Jersey to be allowed to heal, it has to have some guiding ideas which the public can rally around and hold to over the long haul.




 
James D. Agresti  (December 15, 2009, 1:01 am)

The state government of New Jersey is undergoing budget “cuts,” and government officials are moaning as if they are destitute. I place the word “cuts” in quotes because in this context, “cuts” is a relative word. Budget “cuts” compared to what? Let’s get out the calculator and see.

From 2000 to 2009 – even after adjusting for inflation and population growth – Jersey state government spending rose by 29%. Let me put this another way: If spending grew in accord with population and inflation over the past ten years, New Jersey would have enjoyed a $5.7 billion surplus in fiscal year 2009 instead of suffering under a $4.3 billion deficit.

Similarly, according the latest Census Bureau data (2007), local governments in Jersey have increased spending at well above the rates of inflation and population growth – though not as rapidly as the state government. Yet, the executive director of the New Jersey League of Municipalities recently stated that the state’s “cuts” in aid to municipalities will “absolutely, positively have an adverse impact on quality-of-life services.” Hence, I did some research and found that this public servant’s compensation is $191,580/year. Does this give anyone ideas as to how we could handle these budget cuts without adversely impacting our quality of life?

This reminds me of a classic incident involving my plain-spoken Italian grandmother who became outraged when she noticed a certain brand of crackers had gone up in price, down in quantity, and was now costing more than $9.00/pound. This prompted her to send a letter to the manufacturer scolding them for selling crackers at a higher price per pound than filet mignon. A senior manager wrote back, attempting to placate her with an explanation about the high costs of production, marketing, and distribution. Unimpressed with this response and now in possession of the name of a corporate executive, my grandmother penned this simple reply:

“Dear Mr. [corporate executive],

You’re the first SOB your company should fire so they can stick two more crackers in the box.”

It is time public servants stick two more crackers in the box instead of continually raising the price. I’m not talking about all public servants. Many render excellent service to our communities, but the acceptance of insider politics (“you scratch my back and I’ll scratch yours”), bloated salaries, absurd pensions/benefits, and substandard results has got to stop.

This applies even more so at the federal level where spending has grown 36% above the rate of inflation and population growth during the past decade; federal employees are now averaging $30,000 more in salary than private sector workers, and Obama is greasing the palms of his core constituents with “stimulus” money borrowed from our children.

Even before Obama began his massive spending spree, the federal government was 59 trillion dollars in the hole. On a personal level, this is more than half a million dollars for every household in the U.S., which is more than the combined net worth of all U.S. households including assets in real estate, corporate stocks, and private businesses. Simply put, this is unsustainable, and if something is not done very soon, the people of this country will suffer gravely from the politically motivated, short-sighted, and irresponsible actions of our government.


 
Peter C. Hansen  (November 6, 2009, 3:41 pm)

Alan's article today on PolitickerNJ, "Christie Versus the NJEA," is spot-on, as usual. It is arguable that the NJEA's role in the state goes to the very core of the state's dysfunction, at least insofar as most suburbanites are concerned. Nothing drives NJ property taxes like education spending, and the NJEA acts as a massive impediment to healthy change by working tirelessly to keep public education a cossetted, untouchable and growing guild.

As I wrote earlier, public-sector-focused unions such as the NJEA should be barred from political activity to prevent the state and its workers from setting up political machines that impose high barriers to entry for opponents of the bureaucracy's agenda, and consequently squelch democracy in NJ.

Alan very correctly points out that Christie is impeded by the lack of a major statewide media outlet. At the same time, however, there are very attractive alternatives: nationalization and opening up to reporters. Christie went on Hannity before the election, and he could show up on talk show after talk show to say he is spearheading a reform movement, and that he needs help. This would shine the spotlight on the Legislature and reactionary groups like the NJEA.

Next, as I have said before, "transparency, transparency, transparency"! What if Christie simply ordered all state government officials to assist and provide free access to credentialed reporters seeking information in state files? Can you imagine the NY Times and Philly Inquirer articles that would result? Or the TV specials? Frontline? Breitbart videos online? Etc., etc. It would cast a brilliant and disinfecting sunshine on the state's danker corners. It might also help to shed some light on where all those Abbott funds have actually gone ...

Finally, I would like to take issue with one of Alan's statements. I am not sure that Christie has an inherent problem with "movement conservatives." He may not be in the Libertarian vein, and he is quite obviously not a Lonegan guy. He seems, however, to like restraining and cleaning up government, and he is certainly sympatico with social conservatives. Which "movement" of conservatives are you speaking about then, Alan? In the end, of course, this is a minor point. The proof will be in the pudding for Christie, as is always the case with politics.




 
Dominick G. Spadea  (November 5, 2009, 10:58 pm)

What if Nancy Pelosi passed a Health Care Law and nobody complied?

What if doctors leave the profession in droves and work on the black market? What if private citizens buy their health care under the table for cash, as is done in all socialist countries? What if Catholic hospitals, opposed to mandated abortion services, acting alone or as a group, refused to comply with the Pelosi / Reid take over of the US Health Care System? How would the Federal Government respond to this defiance?

I am not talking about civil disobedience. When groups of people get together and break small laws in order to have a bigger law repealed.

I am not talking about jury nullification. When a jury sitting at trial refuses to convict a person who has broken a specific law.

I am asking the question of what would happen if citizens themselves decide that this particular legislation is so onerous and inimical to liberty that they just cannot obey. Would an otherwise law abiding population, coming face to face with a law they believe will strip them of their historical rights, traditional privileges, and constitutional liberties, exercise their God given prerogatives and defy it?

This would be so serious a defiance of law that it has happened only one time in American history.

In 1775, British General Thomas Gage, Royal Governor of Massachusetts, wrote a letter to King George III. A year before, by legal act of Parliament the Port of Boston had been closed. This law is known in history as the Coercive Acts. No ships were allowed to enter or leave the Port of Boston. Thousands of people became unemployed, sickness and death became commonplace. Four British regiments and the power of the British navy enforced the law.

But in his letter to the King, Gage noted that the population seemed less agitated than after the passage of the Stamp Act. There were no mass marches, no bloody riots, and no tea party. To Gage, the Americans were acquiescing, albeit reluctantly, to the power and majesty of British Law.

It was a monumental misreading of the mood of the American people.

What really was happening was that the American people, one person at a time, one family at a time, one town at time, had concluded that the British Government no longer had a legitimate right to govern. It may have had the power to enforce its laws of taxation and confiscation by armed force, but not by moral right. What Gage had seen as acquiescence was really a quiet, resolute defiance. The time for talking, for petitioning, for compromising was over. What Parliament decreed no longer mattered.

The American people would feed Boston by smuggling. They would deny the government funds by tax evasion. They would refuse to build barracks for their oppressors, or allow merchants to sell them food.

They would engage in Citizen Nullification of the Coercive Acts.

Nancy Pelosi would do well to learn a lesson from Thomas Gage’s miscalculation.


 
Peter C. Hansen  (November 4, 2009, 8:09 pm)

Well, we must be doing something right - the site crashed at the very end!

Our hour is up, and I would like to thank everyone for taking such an active part. It was an amazing discussion – perhaps the only one of its kind in NJ these days – and it should help to inform the new Christie administration about what conservatives are thinking about in NJ, and hopefully the transition team will pick up some policy ideas to recommend.

We have to do this again sometime soon. In the meantime, keep the ideas coming, and let the conversation continue, if at a slower pace. Thanks again everyone, and all the best!


 
Peter C. Hansen  (November 4, 2009, 8:05 pm)

I think that having public-sector unions lobby for the government of their choice is destructive of democracy. As I recently wrote, this practice creates a political machine that poses a nearly insuperable barrier to entry to anyone who disagrees with the bureaucracy.

I also agree on pressing for vouchers, especially in the Abbott districts, as an alternative to top-down, corruption-prone state spending.


 
Christopher J. Obudho  (November 4, 2009, 8:04 pm)

Murray and Dominick,

With respect to repeal of the "thorough and efficient" clause: what would it be replaced with? Would we work off of the assumption that voters and parents expect that sort of education without billions of dollars attached to the mandate? Don't misunderstand, I like the idea, but I'm just curious about your thoughts on what would be next.

I agree, Peter, that pushing that effort would be an extremely tough sell, but maybe we nibble around the edges first to see where we could take it.




 
Murray Sabrin  (November 4, 2009, 7:54 pm)

The public should get a bill every month for state, county, local government spending as well as a bill for the cost of running the public schools. When the public find out how much government really costs, they will have second thougths about government "services. Thus, abolish the income tax and sales tax.




 
Christopher J. Obudho  (November 4, 2009, 7:54 pm)

I must admit, I was conflicted about whether to vote for or against the ballot question. I'm studying to be an historian and portion of the question on historic preservation made me pause. I ultimately voted against it due to the price tag. I have to agree with Dominick on this one. How many insignificant 1/4 acre lots do we need to "preserve" around the state? There are more abandoned buildings, old factories, etc. that could be refurbished to be turned into commercial use (I'm sure the attorneys and regulatory experts on this blog who know more about brownfields could speak to this) than there is a need for more parks!

Jobs and a sustainable tax base is what we need now. This open space movement is just about making voters feel good, while spending millions we don't have, when they're driving through traffic jams and seeing a Starbucks on every corner, but when those debt chickens come home to roost, we're going to be in a real jam!...




 
Dominick G. Spadea  (November 4, 2009, 7:53 pm)

Murray

You wrote. "Repeal of the "thorough and efficient" education clause would go a long way to a creating a conservative New Jersey".

That is an excellent idea.

And after that we need to phase out government schools by allowing vouchers to be used for religous and private schools.

Unless we break the NEA in this state we can never recover economic freedom and growth.




 
Peter C. Hansen  (November 4, 2009, 7:50 pm)

I don't believe that the populace would go for a repeal of the "thorough and efficient" clause, since it sounds like one wants to throw poor kids out of school. Nevertheless, the ridiculous abuse of this clause's wording require immediate rectification. How about the following:

  1. Christie orders (good idea, Chris) that any Abbott funding (requested or disbursed) must be accounted for in detail online
  2. Christie orders that any Abbott funding shall be disbursed by the state only once requested by a local school board, with signed certifications by the Board and relevant school and municipality officials that all assessments and bids have been properly conducted per regulations
  3. Christie orders that any Abbott funding requested will make the funds subject to state audit
  4. Christie sets aside, or demands from the Legislature, a large sum for anti-fraud auditing and investigation
  5. Christie pushes for a sweeping set of anti-corruption laws with severe penalties
  6. Christie pushes the Legislature to make any public official privately liable for all costs incurred by the public in rooting out corruption in which the official took any part (a form of joint and several liability)




 
Alan J. Steinberg  (November 4, 2009, 7:49 pm)

Peter, as Executive Director of the New Jersey Meadowland Commission under Governor Whitman, I increased spending for open space, particularly in wetland areas. I know that open space purchase is environmentally beneficial and necessary to ensure orderly development.

Having said that, there is a limit as to how much debt New Jersey can reasonably incur. California is talking about bankruptcy with $25 billion of debt. We in New Jersey have over $40 billion in debt with a much smaller state. What does that tell us about our electorate ?


 
Murray Sabrin  (November 4, 2009, 7:47 pm)

Whether it is the totalitarian central planning of the former Soviet Union or the "velvet" authoritarinism of the New Jersey Supreme Court, central planning does not work. Chrisite has to shout loud and clear that he will end "judicial tyranny" and reverse the Court's decisions that have no place in a free society.


 
Dominick G. Spadea  (November 4, 2009, 7:41 pm)

Peter

I don't know how much time you have spent in the Pine Barrons , but I have spent many years hunting, hiking and camping with my kids , friends and alone. It is a great resource. But it is all the open space a practical people concerned with producing wealth should really want. Plus we have the miles and miles of shore line. Enough already.

It is a luxury we cannot afford. Buying into the liberal premise that open space is good and developemnet is bad is destructive of wealth creation...and need I say it here...property rights and free enterprise!

Borrowing money to put out of productive use land in this small State is like eating our seed corn passed down to us by our ancestors. I know it is not PC to say but I believe growth is good. Free use of a person's own property is good. Building houses, sewer plants, nuclear plants , roads,etc is a good thing. Hell, more people the better, if they are productive!




 
Christopher J. Obudho  (November 4, 2009, 7:41 pm)

My father is a retired state employee (Democrat) and he doesn't trust any politician. They are all "crooks" as far as he is concerned. He spent the last 30 years working for the State as a member of the CWA. From talking to him, I firmly believe that the most important thing for him to do is to stay grounded. Corzine and most of the other statewide elected officials we've had (suffered through), were seen as elitist, limousine liberals. Yeah, Christie walked in the halls of power for many years, but he's not insanely wealthy like Corzine and comes off as a "regular guy".

Conservatism is simply common sense. Christie needs to look people in the eye and tell the truth, just like Reagan did, and he'll begin to win over those Blue Dog/Reagan/Independent/Moderate Democrats. If he can manage to stay out of prolonged fights with the Legislature (which they will be giddy to get him into) and be seen as above all that while working to get our fiscal house in order, he should have success.

I'm not saying he should set up canned beer drinking sessions with those voters (then again, why not?), but be and stay NORMAL. That goes a long way to winning over people like my father...




 
Alan J. Steinberg  (November 4, 2009, 7:41 pm)

In the past, both Democrat and Republican legislatures tried to resolve the desire of the citizenry to "have their cake and eat it too" by "one shot" items, such as selling roads, refinancing debt, borrowing from other funds, etc. The question is what the legislature will do when they run out of one-shot items.

My answer: Legislative leaders will determine what will result in greater public outcry: the elimination of the "goody" or the increase in tax necessary to fund it. Based on this determination, they will either raise a tax or eliminate the expenditure item.


 
Peter C. Hansen  (November 4, 2009, 7:40 pm)

You are quite correct that the Abbott and Mount Laurel decisions have completely skewed the relationship of government and the people in NJ. Abbott is simply a wingnut spending fantasy written out as jurisprudence, and it is a ticket to corruption. The middle classes don't get the top-spending schools, but have to pay for other schools to get them. And, of course, free government money in NJ equals corruption.

Mount Laurel is another fantasy – that classes can be forced to mix happily and harmoniously. This concept exists to be dodged as much as possible by rich towns. (How many "senior citizens' apartments" can one town have?) I personally would like to see a class mix in all communities, but this isn't the way to do it. In Montgomery, a lot of working-class people have had to leave, not because of a lack of "low-income" housing, but because their property taxes went through the roof and they couldn't keep their homes and a living at the same time.

Having more jurisprudentially conservative judges (I'll settle for simply sensible) would help a lot in getting back to a proper tripartite government in NJ. I hope Christie has the guts and acumen to get us the state equivalent of a Roberts, and that he will avoid the Harriet Myers route.


 
Murray Sabrin  (November 4, 2009, 7:34 pm)

Conservatism should be about decentralization of governmental decision making. In other words, most governmental "services" should be performed at the local level and paid for by the public at the local level. State government should provide very few services other than what is constitutionally authorized. Repeal of the "thorough and efficient" education clause would go a long way to a creating a conservative New Jersey.


 
Christopher J. Obudho  (November 4, 2009, 7:30 pm)

Peter,

I'm sure I'm not alone when I say that I don't trust politicians when they talk about transparency. They all do it and they all violate the spirit and letter of whatever promise, regulation or law they espouse. That being said, it would be great if that were part of Christie's effort to open government and make it (and him) more accountable to the citizens.

Transparency initiatives are but a small part of the overall mission to "change Trenton as we know it", but it would be, if given the necessary "teeth", a great way to start and, as a former prosecutor, Christie is in a good position to be taken seriously if he were to propose such measures...




 
Peter C. Hansen  (November 4, 2009, 7:28 pm)

This is the great conundrum, not least because (as this blog shows) "NJ conservatism" is a concept still very much in search of a definition.

What steps do you think Christie could take that would attract average folks like the Reagan Democrats in Middlesex County (my childhood county) that Alan wrote about today?

In other words, how does Christie get average union-member Joe to say to his friends at the bar after work, "I don't give a (insert appropriate Jerseyism) about 'Republican this or that,' this guy's getting it done. What did Corzine and those jokers ever do for us"?


 
Alan J. Steinberg  (November 4, 2009, 7:28 pm)

The property tax issue in New Jersey is in reality a suburban property tax issue. The property tax relief fund, established in 1976 and funded with the proceeds from the New Jersey gross income tax was intended to provide aid to school districts uniformly throughout the state, thus reducing the reliance on property tax.

In 1990, however, the New Jersey Supreme Court, in the Abbott v. Burke decision, held that the "urban 30" school districts must be funded with state aid so that their finances would be equivalent to those of the "lighthouse districts", the wealthiest districts in the state. This resulted ultimately in suburban school districts throughout the state getting a much smaller share of state school aid than the "urban 30 Abbott" districts. Accordingly, suburban districts have been compelled to excessively rely on property taxes in order to fund education.

The Abbott v. Burke decision, like the early 1980s Mount Laurel decisions, was a quintessential example of the New Jersey Supreme Court legislating from the bench. As conservatives, we believe that the authority of courts must be limited to interpreting the statutes and constitutional provisions rather than legislating from the bench.

Governor-elect Christie has pledged to appoint justices who will not legislate from the bench. He will have the opportunity to appoint four new members of the seven member Supreme Cout. If he fulfills his pledge, this will be a significant triumph for conservatism in New Jersey.


 
Murray Sabrin  (November 4, 2009, 7:25 pm)

If voters approve a referendum, then the funding should be allocated on a per capita basis. So instead of borrowing the funds, which the public sees as "costless' because they do not get a bill for the project(s), the public should have to pay immediately. The public would think twice before they vote for more debt.




 
Dominick G. Spadea  (November 4, 2009, 7:22 pm)

Alan

You make an interesting point about the ambiguous nature of the electorate. But what happens when the music stops and the State can no longer afford the goodies. What happens when Christie faces a real money crunch with State services and pensions?

And how will it all play out with the dems controlling the legislature?




 
Christopher J. Obudho  (November 4, 2009, 7:22 pm)

Christie will have to make good (and frequent) use of executive orders and other regulatory mechanisms in order to put into effect many of his goals. If he is willing to stand up to the unions (I hope) and the entrenched bureaucracy (I pray), he may be able to shame them into changes. His lack of a strong mandate will make this difficult, but he'll have to fight or go around them. The Legislature isn't going to want to give him any victories, and if they do, they will be early while everyone is settling in (see Obama's first three months). Once the Democrats get their legs under them, watch out.

Now is the time for creative governing with conservative principles. Sun Tzu-like tactics are the only way to advance an agenda in this blue state...




 
Peter C. Hansen  (November 4, 2009, 7:20 pm)

I agree that it seems facially dichotomous to vote against increased taxes and for a large open-space bond, but I think this comes out of NJ's being one of the most densely populated large jurisdictions on earth. (Details here - we come in after Bangladesh and South Korea. Japan, eat your heart out!)

People in NJ are desperate to maintain what open space remains in the Garden State. A very beautiful state has been turning pretty quickly into one gigantic complex of subdivisions. Montgomery, I'm afraid, took that route in the 1980s and has only recently started to push back against overdevelopment. Then there's the Halpern Farm in Piscataway, three blocks from where I grew up. That scandal is a Target waiting to happen.

I think people also want to spend money on open space because it represents a pleasant public good, like parks, as opposed to murkier issues like complex infrastructure projects. Plus, it seems cleaner than most other projects, although I would be interested to see if there is in fact a lot of corruption here as well.


 
Murray Sabrin  (November 4, 2009, 7:14 pm)

Christie's mandate is to govern according to what he thinks is the right thing to do. He said thinking about a second term is not on his agenda. He should announce his agenda ASAP after he assembles his team. He should then inform the people of New Jersey the depth of the budget crisis and what he will do to put Trenton on the right track.


 
Peter C. Hansen  (November 4, 2009, 7:12 pm)

Christie absolutely has to trim government regulation. More important than simply trimming the hedgerows surrounding people, however, is hacking into the root of the problem. There needs to be a lot more transparency at every level of state and local government. Here are a couple of ideas in this vein:

  1. Require (and subsidize) any regulatory or spending decision in the state to be put online
  2. Require all entities receiving state funds to be subject to state audit, and really fund the auditors (this could really help with Abbott fund corruption)

  3. Allow a private claim for treble bidding costs against any public or private person found guilty of corruption with respect to the bid
  4. Publish online all salaries, benefits and pension rights of all state and local government workers



 
Christopher J. Obudho  (November 4, 2009, 7:11 pm)

Hello All,

Whew! What a night! With respect to a mandate for Christie, I would say has a very limited one. Voters in NJ and VA are simply saying: Slow down! to Obama and the Democrat's agenda. He would be well-advised to keep in mind that he shouldn't lag behind the voters, nor should he try to outpace them. Jersey voters are a fickle bunch and if he tries to be all things to all people, he'll fail.




 
Dominick G. Spadea  (November 4, 2009, 7:11 pm)

The first fact is that Christie won by the skin of his teeth and therefore has very little mandate.Second , I believe his victory margin was so thin because he failed to energize the conservative base. Virginia, Maine and the Rino humiliation in NY23 were clear evidence of Conservative ascendancy. NJ, IMO, was clear evidence that people who were sick of Corzine and didn't want to waste their vote on a 3rd party candidate had no where else to go but the GOP. The problem for conservatives in NJ is that the GOP leadership will now beat the drum that only moderates like Christie can win. But in reality, I believe the election shows we now have a solid base of independents feed up with the tax and spend democrats who went GOP for the first time. The lesson I believe is with the right conservative candidate we can build on that base by motivating the Right to come out.


 
Alan J. Steinberg  (November 4, 2009, 7:10 pm)

The message from the electorate is very ambiguous. It is the same age old conflict of wanting reduced taxes yet wishing to retain the products and services that high taxes obtain.

By electing Chris Christie, the electorate was sending a message that there is widespread discontent with high state income taxes and local property taxes. Yet simultaneously, the electorate was approving an open space bond act which will add expenditure to future budgets, potentially resulting in the same higher taxes the citizenry wish to avoid.


 
Murray Sabrin  (November 4, 2009, 7:07 pm)

Chris Christie won the election. He does not need a "mandate" to do what is necessary to restructure state government in order to provide tax relief and eliminate onerous business regulations. He also has to revisit the Abbott Supreme Court decision that put the Court in the driver's seat regarding the use of the income tax to fund education in the state.

My hope is that Christie takes his case to the public with the message that the income tax was a Trojan Horse and that it should be repealed. The benefits of an income tax free New Jersey would be enormous. He should take this opportunity to restore local control over education and argue that local funding of education is the right thing to do, thereby saving suburban taxpayers' billions of dollars per year.




 
Peter C. Hansen  (November 4, 2009, 7:04 pm)

We are no doubt simultaneously typing, but I'll jump in with this basic question: does Christie have a mandate? I would say yes, to "change" things. Beyond that, it's very murky. People want the pain to go away, but this will require some pretty radical surgery. I don't know if folks are really up for that.

I think Christie will have to build his mandate, and that his re-election campaign will be the real mandate - a building wave of reform, one hopes.


 
Peter C. Hansen  (November 4, 2009, 4:09 pm)

Welcome to Jersey Conservative's analysis of yesterday's Christie victory! We will be discussing its implications as a group from 7 to 8 p.m. this evening.

Although Christie's win was decisive by NJ standards for Republicans, the policy implications of his victory are not clear. For example, Christie did not set out a specific plan for reducing property taxes, and it is anyone's guess whether he has the political acuity to beat the political machines that keep these and other state taxes high. It is also uncertain whether New Jerseyans really want to cure the state's disease, or merely treat its worst symptoms.

Our panel tonight will discuss whether Christie's victory was just a protest vote, and whether he actually has a mandate for serious change. We will also propose and discuss our different ideas as to what Christie's priorities should be, and how he can best effect change from Trenton. We hope you will enjoy the discussion!


 
Peter C. Hansen  (November 4, 2009, 10:56 am)

Please join us this evening as the Jersey Conservative Contributors liveblog about the policy implications of the Christie victory. Is this a defining moment in NJ political life and ideological trends? Or is it simply a protest that the yoke has gotten a little too heavy? What does Christie have to do to get the state back on the right track? What should his priorities be? And what can Christie actually do?

These questions and more will be discussed this evening. I hope you can join us.


 
Murray Sabrin  (November 1, 2009, 5:47 pm)

Based on the latest polls which have independent gubernatorial candidate Chris Daggett below 10%, it is not going to happen, an independent elected governor of New Jersey.

On Tuesday, a week ago, I predicted a Chris Daggett victory based on polls that had him at 20% two weeks before Election Day. I expected the "anti-Corzine and anti-Christie" vote to break for Daggett, and a surge of support by Independents who may have been willing to go for Daggett because of their frustration with the Democrats and the GOP running the state into the fiscal mess we are facing today. (For the record, my analysis of Daggett's chances to be the next governor of New Jersey was not an endorsement of his candidacy. I have criticized his tax plan in one of my recent www.politickernj.com columns. My optimistic assessment of Daggett's candidacy was based on my belief that this could be the year that blue state New Jersey surprised all the political experts.)

Apparently, the anti-establishment voters are going to hold their collective noses and vote for either Corzine or Christie, cutting into Daggett's support. For Daggett to have made a better case for his candidacy, a "home run" mailer to several hundred thousand independent voters would have been necessary in order to make a direct appeal: "Had enough of the irresponsible Democrats and Republicans?" Without a few more hundred thousand dollars, the Daggett campaign was always dogged by the 'wasted vote" syndrome.

Would an injection of cash have made the difference in the last two weeks of the campaign? I think so. If Daggett could have appealed directly to New Jerseyans who wanted to shake up the political establishment, he could have made the case that their votes would not be "wasted." Instead, it looks like the electorate will be content to reelect Jon Corzine and his big government agenda, or give Chris Chrisite a chance to "change" Trenton.

With the race a virutal dead heat 48 hours before all the polls close on Tuesday, Corzine's street money could make the difference in getting the vote out in all the state's urban areas, the key core Democratic strongholds. In addition, given the history of voter fraud in New Jersey, we cannot discount the possibility that voter fraud may play a role in the election's outcome. Chris Christie has to bank on suburban voters – both Republicans and Independents as well as disaffected Democrats – to come out for him and end Jon Corzine's political career. If Christie is victorious on Tuesday, he will have to roll up his sleeves and restructure state government by beginning to downsize the state budget by billions.


 
Peter C. Hansen  (October 29, 2009, 2:25 pm)

Next Tuesday remains a toss-up, although the auguries seem to be pointing, however faintly, to a Christie victory. Relative to Corzine, Christie would be a major improvement in the eyes of any conservative who doesn't subscribe to Lenin's "worse-is-better" philosophy while waiting for a purist revolution. I won't get into the Christie-versus-Daggett question since Murray is a Daggett man, Alan is for Christie, and both likely feel much more strongly about this question than I do.

My discontent is not with any candidate, but arises instead from the fact that NJ voters are being encouraged to focus on a symptom rather than the disease. Property taxes are an outrage in NJ, no doubt. But simply cutting them will do nothing to reduce the state's deficits. Nor will a tax cut cure any of the state's chronic woes or reduce the gargantuan public sector. Indeed, it would just add to the public's interest payments and makes things even worse later when higher taxes return.

What has to be attacked along with high taxes is the uncontrolled spending that makes such high taxes necessary. This spending goes mostly to paying for ever more government workers. (Click here for details.) These outsized expenditures arise directly from the stranglehold of the public-sector unions on NJ elections. I don't believe that NJ is a particularly left-wing state in terms of social liberalism. It is instead a blue state mostly because of unionism, and most especially public-sector unionism.

State government workers in NJ can – as a group – advocate, lobby and campaign for legislators that favor adding more public-sector workers. This arrangement provides a ready-made political machine to any candidate willing to hand over public dollars to further their personal ambition. It also shuts out other candidates by raising the barriers to entry. Unless you can compete with a publicly funded political behemoth, which is to say the very State itself, don't even bother to try.

Government that campaigns for government inexorably takes policy-making out of the voters' hands and reposes it in the bureaucracy. This is obviously anti-democratic and must be put to an end if NJ's fiscal woes are to be cured. To be clear, this is not a call for ending civil-service protections, but simply for keeping public-sector unions out of the political sphere. The bureaucracy is not a private interest group, and should not be allowed to masquerade as one.

Unfortunately, the way Christie has campaigned will not give him a clear mandate to take on this Leviathan if he is elected. He may be able to take it on anyway, on the ground that any elected Republican automatically has a mandate to shrink the bureaucracy. Whether this would work remains to be see, and is at this point purely hypothetical. Here's nevertheless to hoping that he has a chance to take up this fight, and the guts as well.


 
James D. Agresti  (October 25, 2009, 2:25 am)

There are some intriguing facts in this study that have serious implications for the upcoming election and the long-term future of New Jersey:

"Between 1960 and 1970, the state added 589,199 jobs, increasing employment by 29 percent, a record not yet surpassed. During this period, the state had no sales tax and no income tax."

"Public spending in New Jersey doubled in real terms, as a percentage of GDP, between 1971 and 2008…."

"Until recently, New Jersey’s pension system was considered sound. In 2000 the plan was funded at 111.4 percent…. Today it is funded at 50 percent."

Given the fiscal and political history of our state, these facts point to the conclusion that conservatism leads to healthy growth and prosperity, while liberalism leads to debt and impoverishment. Why is this so? Eileen Norcross and Frederic Sautet offer an insight that explains a good part of this:

"Government policy most often entails the forced migration of resources from the decentralized realm of individual decision making (markets), to the centralized control of the public sector. As more resources are transferred, however, the process of entrepreneurial discovery is gradually replaced by a command-and-control regime, which is ultimately irrational."



 
Dominick G. Spadea  (October 3, 2009, 9:01 pm)

Peter That is a great study. Thank you for the link. I haven't finished reading it in full yet but the following excerpt jumped out at me: "New Jersey is ranked 46th in economic freedom, with the highest state and local tax burden in the nation, at close to 12 percent of average income. New Jersey’s income tax is highly progressive, with a top bracket of 10.75 percent on income over $1,000,000."

Holy cow. 46th in economic freedom! Everyone hould take the time to read this study.


 
Peter C. Hansen  (October 2, 2009, 6:01 pm)

For anyone interested in why NJ is in its present budgetary situation, the Norcross-Sautet working paper, "Institutions Matter: Can New Jersey Reverse Course?" should be next on your reading list. The study's related website and podcast are also very helpful indeed.

This study was produced by the excellent Mercatus Center at George Mason University, and rather sadly not Rutgers or Princeton. Ms. Norcross is, however, a NJ native and deeply concerned for her home state. She and Mr. Sautet have added to the discussion a very important set of data and insights which will be helpful to those figuring out solutions for NJ.

One particularly relevant aspect of the Norcross-Sautet study is its very complexity. The simplistic treatment of property taxes in the recent three-way gubernatorial debate made it starkly clear just how out of touch the current political discussion is. It is almost certainly too much to ask voters to consider the economic effects of the Abbott districts, state intrusion into property taxation, ever-greater bracketing of state income taxes, etc. Frankly, it's not the voters' job to do this. It is for politicians and journalists to do it. If these latter groups were more fluent and open about these realities, and explained to voters a realistic plan how to unravel this tangle and what the tradeoffs would be, I believe that the voters would respond very positively.

For those now realizing that the Christie ascendancy may not run through November, patience is warranted. It is not the man that matters, but the ideas. No matter how the election comes out, we seem to have a ways to go yet before a truly constructive, detailed, conservative reform agenda arrives in Trenton. Unless the thinking is correct, any action will just be so much blithering. So, let's get to work and figure out some policies.


 
Peter C. Hansen  (September 30, 2009, 2:04 am)

Ms. Norcross does some excellent work dealing with the Garden State. Here is her notice about Gannett's week-long study of property taxes in New Jersey. The information is predictably dire, but it is always good at least to have some sunshine poured on NJ taxes.

Dear old Montgomery Township has the third-highest average tax fee in Somerset County: $12,856, with a not-exactly-hefty $1,313 rebate. That makes for a 70% increase from 2000 to 2008. What makes this even more painful is that the two higher-tax Somerset towns, Bernardsville ($13,085) and Peapack-Gladstone ($13,243) have immensely higher average property values: Montgomery ($511,440), Peapack-Gladstone ($817,273) and Bernardsville ($947,196). You can see all this here.

Montgomery has been school-building and administrator-hiring crazy for years and years, but this is a seriously off-kilter disparity. What was the point of planting houses where all that corn used to be? It's meant a lot less scenery and local culture, and a lot more tax apparently.

For fiscally conservative candidates in Montgomery (and innumerable other localities), I would be trumpeting these tax figures every day, in every interview, along with some practical solutions. Here's one: post the town's school and town budgets, plus financial statements done in detail down to the individual purchase level, online in real time. All the time. Sunshine is the best disinfectant, after all.


 
Peter C. Hansen  (September 30, 2009, 1:47 am)

Thank you, Mick, for your lead-off post, which is quite a credo indeed. I look forward to discussing all manner of New Jersey items with you, as surely do the other Contributors.


 
Dominick G. Spadea  (September 29, 2009, 2:12 pm)

The time for optimism is at hand.

We conservatives must understand that the Obama Presidency is not our Winter of Discontent but a magnificent historical opportunity to roll back the forces of Progressive Liberalism that have for over a century watered down and diminished the liberty of the individual American citizen. We must understand clearly what the election of Barack Obama really means for our nation in this time of crisis so that we can seize the opportunity and make it serve our cause of restoring liberty to this great nation. It might seem odd for me to say that Obama's election should be a cause for optimism given the potential for damage to our nation from this man of the Left. But consider this.

We are facing unprecedented, even catastrophic, economic and social disruption due to the fiscal and monetary policies instituted by the United States Government under both political parties since the creation of the Federal Reserve System and the ratification of the 16th Amendment (Income Tax) in 1913. And that is not just my opinion. From the great economist Ludwig von Mises, who warned in his seminal work, Human Action, that "there is no means of avoiding the final collapse of a boom brought about by credit expansion," to many contemporary observers like Professor Nouriel Roubini, Robert Prechter, Gereld Celente and Peter Schiff the message is the same. Massive government debt and fiat money creation cannot be sustained. The financial center of our modern economy that was created in 1913, the core of which is fiat money created by the Federal Reserve Board, cannot hold.

We must heed these warnings and prepare for the worst economic and social crises of our lives. It is just around the corner. And let me be blunt. It is our job as free market conservatives to see that Barack Obama and Progressive Liberalism get the blame for what is coming.

And they should. The Progressive Liberal ideology that has metastasized in other countries into Fascism and Communism has been here in the US a somewhat slow growing cancer that has finally reached critical mass. From Teddy Roosevelt and Woodrow Wilson through FDR's New Deal, LBJ's Great Society, and the RINO Hall of Famers; Nixon, Ford, Bush I and Bush II, the Federal Reserve monopoly to create fiat money has fueled the massive growth of the national government. And as government power has grown the rights and liberties of individuals, private companies, and all the other institutions of a free and productive country, have been squeezed out.

But our good fortune today is that Obama has made it crystal clear that he is hell bent on bringing to fruition a form of American fascism grounded in the principles of Progressive Liberalism at the precise time the whole edifice is starting to implode. Talk about good timing!

The first consequence of Obama's stern, uncompromising, and rather humorless advance towards his goal is the awakening of the American people to the threat. Does anyone really believe that if John McCain had been elected instead of Obama and pursued similar policies, albeit with a sweet chaser of GOP platitudes about freedom, ala George Bush II, that the Tea Parties, the rising dominance of FOX news, Glenn Beck and those kids destroying ACORN, would have occurred? To even ask the question is to answer it. The great tectonic plates of American history are starting to move once more.

"THE REVENUE OF THE STATE IS THE STATE." Edmund Burke, Reflections on the Revolution in France.

So how do conservatives go about getting back control of our government during and after the coming collapse? First we need to understand, as Burke pointed out over two hundred years ago, that the power of the government rests on its revenue. When the government has unlimited power to create it's own revenue it will become a consuming beast devouring every independent power base in the nation. What Burke called the little platoons of freedom and independence IE: the States; the Schools and Universities; the Churches; the Shops and Factories; the Clubs; the Arts; and that last great bulwark against tyranny; the Family itself, have all, in one way or another, fallen under the smothering dead hand of the national government.

I am not an intellectual or an economist. I am a production man rooted in reality. I deal in hard, cold cause and effect. I live in a world of concrete things. To cut steel and produce a good machined part you need sharp tools, proper lubricant, the right machine, and a skilled operator. There is no wishful thinking or ideology in manufacturing. It is not a virtual world. Real results flow directly from what the real components bring to the task. Flawed components mean flawed results. It is an unforgiving world where A is A. All the time, whether one likes it or not. So I look at things from a perspective of how they actually are produced. What is the real cause for any given effect? How are things actually done? Not theoretically done. Not hopefully done. Actually done. And when I observe the growth of the power of this government I ask the question: How did this happen? What are the hard, cold means by which this entity known as "government" has amassed such staggering power in this society? What is the concrete source of its power? What real components went into the formation of this power? And I conclude it is the authority and ability to CREATE MONEY. Not 'make' money by creating value as in productive enterprises. Not 'getting' money from the earned wealth of the people through taxation. Not even 'borrowing' it from others who have produced something of value. No. Pure and simple the hard cold fact is this. It is the revenue gained from the creation of Federal Reserve Notes that gives the government its immense power over our lives. A power so all encompassing, so all enveloping, that it is as ambient as the air we breath. But unlike life sustaining air this power is as toxic as poison gas. It is precisely what our Founding Fathers warned against: The concentration of power in the hands of a few.

Ask yourself these questions:

Is not this power to create and spend any monies they think necessary what lies at the root of Obama's power to control banks and take over car companies? Is not this power to create and spend any monies they think necessary behind the corruption we see in Washington? The very buying and selling of influence is made manifest by all the fiat money at the disposal of the politicians. And is it not this power to create and spend any monies they think necessary the real reason the American people have lost control of their government. Taxes do not support this beast. Fiat money created by the Fed does.

I maintain that the system which gives some men a monopoly to create money out of thin air, at their will, unbounded by any link with a physical, concrete entity, has given the national government such immense power over this society that nothing; not our Constitution, not new laws, not even new leaders, can give us back our independence as a free people as long as this system of Federal Reserve created money exists. That this system is evil is self-evident. But like all parasitical systems it eventually dies after devouring the host. The bad news is we are the host! And the American people are still not aware of the danger they face. And its cause. That is where we conservatives come in.

For as this evil system dies it is incumbent upon us to give a good explanation of the cause of this catastrophe and an honest and workable plan to repair the damage brought about by the Federal Reserve System and fiat money creation. To make sure that safeguards are put in place that will prevent this curse from ever again harming our people. And to punish the guilty.

Our enemies will blame the free market. They already do. They will blame private property. They already do. And they will blame not having enough power in the very institution that is the cause of all our woes. Even as I write these words they are already saying that we need to give the Federal Reserve Board more power to control our economy! Are they mad to ask? Or are we mad to even consider it?

But politically speaking we have an advantage precisely because Obama and the Democrats won the last election. Because the Democrats control both Houses of Congress and the White House they will not escape blame. For even though Republicans are just as guilty over the last 100 yrs in putting in place this vile system that now is dying, when the music finally stops on this musical chairs dance of death it will be the Democrats and Obama himself who will be in want of a chair. It couldn't happen to a nicer bunch.

On July 10, 1832 President Andrew Jackson issued his veto of the Federal Reserve Bank of his day with the following words that even today cut to the heart of the matter. Monopoly, special privilege, and unjust advantage to a few, are anti-American, unconstitutional and ultimately doomed to failure.

"It is to be regretted that the rich and powerful too often bend the acts of government to their selfish purposes. Distinctions in society will always exist under every just government. Equality of talents, of education, or of wealth can not be produced by human institutions. In the full enjoyment of the gifts of Heaven and the fruits of superior industry, economy, and virtue, every man is equally entitled to protection by law; but when the laws undertake to add to these natural and just advantages artificial distinctions, to grant titles, gratuities, and exclusive privileges, to make the rich richer and the potent more powerful, the humble members of society-the farmers, mechanics, and laborers-who have neither the time nor the means of securing like favors to themselves, have a right to complain of the injustice of their Government. There are no necessary evils in government. Its evils exist only in its abuses. If it would confine itself to equal protection, and, as Heaven does its rains, shower its favors alike on the high and the low, the rich and the poor, it would be an unqualified blessing. In the act before me there seems to be a wide and unnecessary departure from these just principles."

It appears old Andy Jackson will have the last laugh!


 
Peter C. Hansen  (August 26, 2009, 6:31 pm)

Today's news of Sen. Ted Kennedy's death has brought out the Camelot mystics and true believers. Most of the paeans have reflected an understandable liberal pride and pain, but some statements revealed even to jaded ears a surprising degree of bitterness about our national Kulturkampf. If Kennedy was indeed a great-hearted friend even to opponents, and drew some Republicans along with him from time to time, this warm portrait clashes with the angry, Manichean philosophy his eulogizers have ascribed to him. How can the two descriptions of the liberal "lion" go together? They do somehow, but I think rather uncomfortably if his warmth was not a sheerly cynical tactic. All of this got me to thinking about what Ted Kennedy means for conservatism in New Jersey, particularly in light of today's most-quoted soundbite, taken from his 1980 concession speech:
"For all those whose cares have been our concern, the work goes on, the cause endures, the hope still lives, and the dream shall never die."

Kennedy's opponents in 1980 were not seeking actively or even passively to crush hopes and dreams. The question in 1980 (like now) was not whether people should have their hopes and dreams realized, but how best to realize them. (In Reagan's case, it was through the market's dynamism.) Kennedy and his quoters might have thought he was proclaiming eternal war on reactionaries, but in reality he was just arguing over method. Everyone was already on board for mass prosperity.

The real dispute has always centered on a simple question: who has to do the work? If someone is trying to do the work himself or herself, no problem. People just have to get out of the way. (See: ending discrimination in employment.) If someone can't do the work, but needs basic support, no problem. People are social animals, and they help those in real need. (See: helping destitute kids and old folks get medical help.) If, however, someone doesn't want to work but still gets the reward, we've got problems. Someone else had to do the work. The recipient is a mooch. No one likes a mooch. Why? Because they aren't really charity cases. They are just trying to get something for nothing. Something you worked for.

The difference between charity and the mooch is what most separates economic conservatives from "progressives" today. Apart from extremely committed libertarians, I don't think most conservatives (at least in NJ) would condemn a government that stepped in to help the absolutely crushed. I'm thinking here of when the Joads in the Grapes of Wrath come upon a government camp where there are no beatings, where it's clean and the toilets work. The camp appears in the movie version like divine grace itself, an unexpected mercy in the wilderness that salves people as they struggle forward. The camp head is like a secular angel, instilling rational and benevolent order into the chaos. It's not unwarranted. Indeed, in today's world the government would be cheered on by most conservatives if it stepped in to protect seniors from abuse, save children from degradation (read: by allowing school choice through vouchers), and rescue animals from neglect. This is charity and grace. This is establishing basic order. It protects the defenseless where private charity has failed, or where general rules need to be set to prevent harm and to protect really basic dignity and opportunity.

What distinguishes modern liberalism from this New Deal and TR-style liberalism is modern liberalism's thoroughly bourgeois character. It is no longer a matter of keeping some hope alive in the struggling masses. It is not an effort to right blindingly obvious, simple and egregious legal or social wrongs. It is instead now mostly just an effort to manage transfers between constituencies, and to construct a voting majority of recipients. The old crusading impetus has been diverted by its own success to much harder objects. Where real poverty now exists, the easy cases like the Joads have largely been solved. Instead of hard workers thrown into a world of unemployment that defies the imagination, we now have "multiple dysfunction" cases, often-questionable "disability" grants, and lots of lazy, corpulent numbskulls who just can't seem to get their act together. Moral questions readily arise in such cases, most loudly, "why don't you get off your behind and do something useful?" (The Joads, to their credit, moved to California in a jalopy to pick peaches.)

Modern liberalism has not been able to adapt to its success. It publicly refuses to see that cases are harder now, and that questions of need and responsibility are usually much narrower. It consequently asks people to see Ma Joad in the 300-pound occasional toker playing an X-Box. It demands charity for mooches. That won't fly, particularly in NJ households where you have two parents commuting every day between jobs, day care and a house where the lawn is neatly mowed every Saturday. Similarly, average NJ folks balk when liberals tell them to pay for welfare for illegal aliens, but that the inflow of aliens must never be stopped. They balk because they aren't being asked for charity to solve a discrete problem (which they would be willing to do). They see what any experienced NJ cubicle-dweller has seen – someone making themselves permanently necessary by gaming the system. They see office-seeking, not a crusade.

New Jerseyans are more often than not Democrats, but not very often liberals. Why can't liberalism go hand-in-hand with Democratic affiliation in the Garden State? Indeed, modern liberalism needs to make inroads into the stable middle class to create a permanent voting majority of recipients. It cannot do this because of a simple contradiction: middle-class voters are most often asset-holders and taxpayers. They are the ones paying the bill. You can't mooch off yourself. Consequently, except when using benefits to woo certain easily defined demographics like the over-65 crowd (who may or not even be middle-class in the first place), modern liberalism has extreme difficulty making headway toward a majority in New Jersey (or most anywhere else in the U.S. for that matter). In a contest between a now-bourgeois movement and actual bourgeois values, the result is, unsurprisingly, a quietly conservative resolution: don't waste the money.

So why does Kennedy matter to NJ conservatism? It is because, in the Garden State as nationwide, he represents a throwback to a time of easier questions and simpler cases. In his oratory you can hear the 1960s, and think back to the push then to destroy Jim Crow and to right some really compelling, really basic wrongs. You can think of Bobby and his smile as he demanded social justice on the campaign trail. You can hear the echoes of a much poorer America, and the struggle against a much more prejudiced populace. You can sense in that old Kennedy accent a bit of the glory of liberalism's finest hours, stretching all the way back to Jacob Riis, the suffragettes, Frederick Douglass and Wendell Phillips. For a fleeting moment, you can almost see Ma Joad in the coach potato.

Now, however, Kennedy has been silenced, and the coach potato is still there, playing on the X-Box. With Kennedy gone, there is no one left who can personify the myths of liberalism's past. Obama might be a symbol and prophet of the future, but he begins where Ted Kennedy ended. Obama has no roots in the past. He is the successor to its struggles. Kennedy's passing means that the many illusions (and destructive delusions) of twentieth-century liberalism can now fade to reveal the harder cases we actually face today. (Witness in this respect Obama's health-care woes.) Kennedy matters to NJ conservatism mostly by his passing. With the departure of national liberalism's great facade-weaver, NJ conservatives have a golden opportunity to seize on the national debate, to help set its terms, and to propose philosophically coherent, concrete, realistic and humane measures for protecting and helping truly needy people as they work to achieve their hopes and dreams, while showing mooches the door. Here's to hoping that NJ conservatives (especially those in government) are up to the challenge.


 
James D. Agresti  (August 22, 2009, 11:38 am)

At their heart, the laws of economics are grounded in psychology because they spring from forces that drive humans to certain actions and inactions. Hence, economic principles often apply in significant and surprising ways to many spheres of human endeavor.

With the insidious corruption we see in places like New Jersey, Illinois, and quite frankly, across the nation as a whole, it would behoove us to harness these laws of economics to stem the tide of this pestilence.

A fundamental law of economics is that increased prices lead to decreased consumption. The question then before us is, How do we increase the price of corruption? We could increase the criminal penalties, but there is another factor at play here, which is the probability of being caught. This is where I think headway can be made.

In a criminal court, the defendant is assumed innocent until proven guilty “beyond a reasonable doubt.” This is a high standard (as it should be). Furthermore, the prosecutor responsible for pressing charges may be politically connected to the corrupt official, a situation that is an accepted yet blatant conflict of interest. As a result, public officials can often operate above the law with little fear of being held accountable.

In civil cases, however, anyone can bring suit, and the standard of proof is “preponderance of evidence,” which is a lower threshold. Thus, although O.J. Simpson walked out of his criminal trial a free man, his murdered ex-wife’s family was able to obtain a measure of justice in civil court.

I propose a similar remedy to political corruption that would take the form of legislation enabling citizens to hold public servants personally responsible for their actions via civil court. If taxpayers suffer a loss due to a crooked politician awarding a contract to a friend, we should be able to recoup this money directly from the pocket of the politician. Likewise, other companies who were denied the contract should have grounds for suit.

Besides offering citizens fair recourse for the money stolen from them, this would give politicians ample reason to seriously consider the cost and probability of being caught before engaging in graft.

Such legislation should contain several key elements including:
1) No option for out-of-court monetary settlements. This would prevent politicians from buying off people to drop the lawsuits.
2) All trials decided by jury and presided over by judges not appointed by or members of the same political party as the defendant. This rule should also apply to all criminal trials of public officials. A judge who owes his position to the same political party as that of a defendant has an inherent conflict of interest.
3) Safeguards against frivolous suits such as “loser pays” to prevent unscrupulous people from dragging honest public servants though the legal system.

Let’s call this the “Public Servant Accountability Act,” and now that it has a name, let’s see if there is a legislator brave enough to propose it.


 
Christopher J. Obudho  (August 19, 2009, 10:29 am)

Peter, you make some good points about how to "reform" Christie's public corruption reform plan. Some of his ideas make me wonder whether or not he is really serious. The main point of contention I have is with the elected state auditor. Considering the fact that we have thousands of elected officials throughout the state who are supposed to be watching out for our taxpayer dollars, how is yet another statewide elected official going to help fight corruption? Judging from the ease with which our politicians accept bribes and favors, another office will not, in my opinion, make this state any cleaner or more corruption-free.

Not only are we now going to have a lieutenant governor (which adds still more staff, money and potential conflicts of interests to the mix of statewide politics), but we are honestly going to think about an "independent" state auditor that will have to go through the same process of securing the "lines" in the counties, making speeches, raising money, hiring consultants, getting on television and radio, hiring campaign staff and the like? This position will be either a Democrat or Republican and will be beholden to whoever funds, nominates and elects him/her and not the people of this state. Cynical? Absolutely. But what other possibility could be drawn from the constant (almost weekly) indictments, "perp walks" and jail sentences doled out over the past ten years?

The only way I see this position working (and I still have my doubts) is to make it non-partisan (is that possible in NJ?). There would have to be deep FBI-style background checks, strict rules of conduct, professional responsibility training and at least 10 years (if not more) of forensic accounting and financial management experience. We can no longer trust our elected officials. It's as simple as that. We must demand the highest standards of conduct and "change" the system in which we select our watchdogs.

With respect to candidates of any office (initial run and subsequent re-elections), I would propose (draconian as it may seem), that once they file their paperwork with the required signatures, pay the filing fee and swear their oath, the candidate must be subjected to a polygraph test where they would be asked some of the following questions:
  • Have you accepted anything of value from a party who has business before the elected body of which you seek to become a member?
  • Are you aware of any member(s) of your family who have received anything of value?
  • Will you refrain from accepting anything of value as a member of the elected body?
And so on. Once they are done with the test, they will sign a document detailing their answers to these questions and be informed of the strict penalties that face them if any one of these are violated. (I agree with the recommended immediate suspension upon indictment and upon conviction I propose a minimum $50,000 fine, 2-3 years in prison, forfeiture of all pension, pay and benefits.) As the reader can probably tell, I've had it with public corruption. There is no greater honor than to serve the people of this country and to abuse it should bring the harshest penalties possible.


 
Peter C. Hansen  (August 11, 2009, 4:19 pm)

The Christie campaign recently issued a plan for fighting corruption in NJ, and it bears some review. Here are the headers:
    1. Eliminate dual-office holding
    2. Eliminate dual public employment
    3. Require forfeiture of public pensions for corruption convictions
    4. Require strict disclosure of conflicts of interest in the Legislature
    5. Establish an elected state auditor to be an independent watchdog
    6. End pay-to-play for everyone
    7. Strictly prohibit the use of campaign funds from criminal defense costs
    8. Suspend all public officeholders charged with a crime
    9. Require a new, detailed annual disclosure form of all public officials
    10. Require mandatory forfeiture of convicted officeholders' campaign accounts

This is not a bad start, but there are some flaws here, and some additional ways to really give this plan teeth.

Dual-office holding and pension forfeiture

Dual-office holding and dual public employment (Christie Points 1 and 2) are not inherently related to bribes. They instead mostly concern the accumulation of overblown pension rights, especially when little work is actually required or done. In small communities, part-time work may well be the most practical arrangement, but such occasional work hardly justifies pension rights unless it fills in for a regular (8-hour-day) job. The rule fix here is quite simple, and not actually "conservative" so much as just practical:

    1. No person's total state pensions can amount to more than the pension for one full-time public position at the grade which is the average of all positions in which the pensioner earned state pension rights;
    2. The pensioner's state pension will be reduced in proportion to any private pension earned over the same period, with such reduction being the proportion of an eight-hour day (five days per week) occupied in private labor during the state-pension earning period (so no pension-worthy "overtime"); and
    3. Knowing misrepresentation of a position's hourly requirements or a pensioner's work (as shown by time sheets or affidavits) shall be deemed criminal fraud, although violators may withdraw the representations and renounce pension claims within a "safe harbor" prior to making a pension claim.

As to forfeiture of a corrupt official's pension (Christie Point 3), this is certainly a good way to tilt the cost-benefit scales against corrupt activity when an official weighs his or her options. There is one possible flaw, however, and that is with respect to an innocent spouse. We can't assume that a dishonest official has weighed his or her family's interests, or that a spouse knows what is going on. It would in such case be fairest to allow the innocent spouse to apply to a NJ court for a reduced pension equivalent to the pension's death-benefit upon the innocent spouse's attainment of retirement age. If the innocent spouse can reasonably show that he or she was unaware of the corrupt activity, then the reduced pension could be ordered paid to the spouse. The application should, however, be publicly posted and open to challenge by public officials or private citizens on the basis that the spouse can be shown not to be innocent of such knowledge. A bit more complicated than a straight pension forfeiture, admittedly, but not unreasonable and certainly a bit fairer to innocent spouse-bystanders. It's a "hang the right people high" alternative.

Pay-to-Play and Disclosure

Ending pay-to-play for everyone (Christie Point 6) is not only a good idea, it's necessary. Allowing some to avoid the rules is to privilege one group over another in the political process. That's just plain wrong, and it doesn't take a conservative to realize this.

Requiring disclosure of all conflicts of interest by Legislature members (Christie Point 4) and disclosure of financial interests by all public officials (Christie Point 9) are good steps to take, but why not require all public officials to complete both forms? One of the most notorious types of corruption in NJ has been the "eminent domain" gambit where land is taken at a low forced price and given to a developer who strangely has connections to the official's cousin, if not the official himself or herself. Requiring all public officials, from the governor on down to a local zoning board official, to disclose the following would go a long way to establishing a basis for a corruption charge if the official fools around:

"Please list all of your relatives, friends or professional associates who have or are objectively likely in the future to have a financial interest in any of the matters with which you will be concerned. ___________________________"

"If any person is listed in the question above, please explain what matters or types of matters you must recuse yourself from, or what measures might be needed to ensure that no conflict of interest will arise in respect of such persons. _______________"

It cannot reasonably be complained that no one would be able to fill this out honestly. As in most legal areas, a reasonably forthright response should be sufficient. If you are a contractor, and you work on the zoning board, chances are that your buddies stand to benefit. People should know about this, and you should be put on notice that your connections are open to scrutiny. On the other hand, if you are a dentist, and you haven't met a construction-related worker since you had your back steps fixed twenty years ago, it's a pretty easy form to fill out!

Suspension, Defense and Campaign Funds

Suspending a public official charged with a crime (Christie Point 8) is a no-brainer. It happens everywhere else, and it doesn't take a conservative to say that an alleged criminal should not be handling public affairs, especially when those affairs are the basis of the criminal charge. Reinstatement would equal exoneration if the official is found innocent or the charges are dropped.

Things become more difficult when forfeiture of campaign funds is at issue (Christie Point 10). If the fund is the personal property of the official, who is also liable for campaign debts, then the open-ended quality of such a fine poses a problem. If the fund is not the official's personal property, then it becomes even more problematical. A less legally questionable alternative may be to permanently disbar the official from state public office, and then liquidate the official's now-unneeded campaign funds through a quasi-bankruptcy proceeding. The campaign's valid debts will be paid out, and the remainder would be refunded to donors pro rata, with expenses paid by the fund. This makes the donors more or less whole, and removes the official from a public perch. If a fine is to be levied, do it against the official personally, not against his or her donors.

Preventing the use of campaign funds to defend against criminal charges (Christie Point 7) has the downside of depriving candidates or officials lacking personal means to fight spurious or unwarranted charges. Not every official sees campaign funds as a way to fight off justice. If the goal is to prevent corrupt officials from using political funds to defend illicit private gain, simply require the official to file a personal security with the state to cover any campaign funds used for criminal defense, before the official is allowed to use such funds. If found guilty, the state may collect on the security and disburse the proceeds to donors. It's not as sexy as just forbidding use of the funds, but it should help to protect innocent officials.

Auditors and Private Action

The Christie Plan calls for a new state auditor to be elected as an "independent watchdog" (Point 5). This is fine, but without guaranteed and significant funding for the auditor's office, the auditor would be completely hobbled.

What would be preferable would be a private incentive to root out corruption, Sherman Act-style: lawsuits allowing for treble damages. Give any person a private cause of action for corruption when the plaintiff has been harmed personally or as a member of the community by a corrupt public act (such as by having a local wildlife reserve turned into a connected guy's estate). If the person wins, he or she gets treble damages on the value of the transaction in question (i.e. three times the estate's market value).

The standard for winning would have to be high given such stakes. Perhaps there would have to be clear and convincing evidence of a quid pro quo, or that unauthorized acts took place, or that usual procedures were circumvented. After a criminal conviction, however, it would be fairly easy for private persons to exact vengeance on all of the corrupt parties, private and public. Such an arrangement would get the trial lawyers interested in corruption, and pressing for criminal investigations. This would raise the perceived costs of corrupt behavior, and discourage corruption. It might prove to be a jackpot for the intrepid few, but cutting down on dishonest government would be great for everyone.


 
George Zilbergeld  (August 9, 2009, 5:31 pm)

I think we need to focus on areas other than lower taxes and smaller government. Right now we are faced with massive corruption in New Jersey. Come to think of it, we have been faced with corruption ever since I was a child in New Jersey.

This seems like a good time to talk about conservatism in this area. As I understand it, a major reason people (including the Founding Fathers) are conservative is their bleak view of human nature. Their view has been that human nature is flawed and that these flaws (such as greed in this case) will show up in their major endeavors and that there are few greater endeavors than public ones. As the Greeks noted, politics is human nature writ large. Some current writers like Thomas Sowell have made this a major part of their philosophy. Mr. Sowell calls liberals people who have an unconstrained vision; they think that if only they were in charge, so much could be accomplished and it would all be free of past corruption (i.e., before they got in charge).

On college campuses, it seems to me that the left hates capitalism because they view capitalism and democracy as barriers to an even better society than now exists. I am worried because their views remind me of the attitudes prevalent in Germany between the World Wars. I don't think we are anywhere near there, but the attitude of the left is still worrisome. They will gain during this period of outrageous corruption if we don't make some suggestions for reform. Does anyone have any ideas in two areas:

1. How we can use this period of corruption to educate students? For example, this might be a time to talk about checks and balances which has become a kind of cliché without any punch. Would this be a good time to explain why the founders wanted to rely on strucure and a modest government, to save our liberties, as opposed to relying on good men alone.

2. Should we use the failure of the various regulatory agencies to stop Bernie Madoff and the Wall Street meltdown (indeed, to contribute to it), or would this be too hard for the students? It will take more than an emphasis on taxes to caature the imagination of young students. If we could get them after they receive their first paycheck, it might work, but I would like to provide them with a foundation they could use later on. Any ideas are welcome here.

There are a number of important related issues that could benefit from a conservative approach and would have resonance with the public. For example, the disappearance of Western Civilization (except as a whipping boy) in higher and lower education. This might have to be explained to the general public in different terms than as a matter of ideology, for example if we spoke to parents about how their children are not learning the skills they will need for their careers. This matters a great deal to today's parents. I will soon post on this matter.


 
Peter C. Hansen  (June 28, 2009, 11:46 pm)

While my understanding is that the "American Clean Energy and Security Act" has no great chance of passing the Senate, I find it highly disturbing that some NJ Republicans almost alone helped it get through the House. In making some observations on this sorry event, I will for simplicity's sake look only to Leonard Lance, my own congressman and someone for whom I did a bit of campaigning.

In his relevant press release, Mr. Lance appears to base his support for this "long overdue step" on the alleged need for energy independence from anti-democratic countries and the need to reduce funding for terrorism. He also appears to think that NJ is already a "national model" for clean energy use, and that NJ is poised to do very well at increasing jobs under a massive energy-regulation scheme. He believes that a "national program" for reducing greenhouse gas emissions is in the "best interest" of the NJ economy. He was willing to vote for the program even though the Democrats wouldn't even let him bring to the floor an amendment to "provide some financial tax relief should this legislation adversely affect middle-class families." This rollover is perhaps explained by the fact that Mr. Lance has accepted the notion that a gigantic cap-and-trade system consciously designed to raise energy prices so much that consumer behavior is massively realigned will in fact be of "minimal" cost to the consumer, "equivalent to the prices of a first-class postage stamp a day."

I find it hard to discern a single Republican, let alone fiscally conservative, sentiment here. Mr. Lance seems to be listening not to commuters, working families, or indeed anyone with an actual pulse. Instead, he seems to be giving heed to what he calls a "number of New Jersey's leading businesses that firmly believe today's legislation would strengthen our state economy through innovative and sustainable job creation." Who might these be, exactly? No company in the state would "believe" in higher energy prices unless they were expecting a government handout or a government-cornered market they could exploit. No landscaper, construction worker, real estate agent, teacher, doctor, restaurant worker or trucker is going to be helped by this bill. Mr. Lance is willing to dismiss these folks as worryworts over a "postage stamp." Populist, Mr. Lance does not appear to be. Mr. Lance does not even fit the caricature of the "big business" Republican. Far from being in thrall to the free market's inscrutable processes, Mr. Lance is willing to favor only certain businesses (who likely pay the lobbyists sitting in his office) at the expense of everyone who doesn't invest in Trenton and DC suits. It is this sort of practice that got Republicans where they are now.

I find the anti-terrorism angle to be arguably the most offensive aspect of Mr. Lance's self-justification. His logic seems to go as follows: NJ folks stop buying Saudi oil, Saudis get poor, Saudis forget the U.S. even exists, Saudis return happily to raising camels and sheep in rural settings. This is ridiculous. Here is what will actually happen: NJ folks have to pay more at gas pump since they can't afford a Prius and don't want one of those wacky Smart cars, NJ folks get angry, NJ folks start to vote for actual fiscal conservatives, NJ politicians start to get worried, NJ folks eventually help get silly and artifical cap-and-trade scheme scrapped (just like they are doing in Europe and New Zealand already). Meanwhile, the Saudis don't notice what is going on over here since windmills don't really cut into oil imports, Saudis can buy into companies getting US government subsidies and market-cornering help, and China and India will buy everything the Saudis can sell anyway.

For a state that suffered particularly badly on 9/11, it is distasteful for Mr. Lance to tell NJ drivers that if they suffer, al Qaeda will somehow feel it. Hint: al-Qaeda won't care what NJ folks are dealing with, unless they have a sleeper cell here having to deal with commutes and electricity bills. What al-Qaeda will feel is US drone missile systems deployed by troops 7,000 miles from home using top-flight satellite imaging systems, all paid for with a free economy's bounteous tax revenues. Creating a bunch of rules and rent-seeking groups that exist to restrict the economy for the foreseeable future is a great way to decrease tax revenues and these military systems. Mr. Lance would have done well to bear such consequences in mind before voting to shackle his fellow New Jerseyans to this monstrosity being pressed by an insider's game par excellence.


 
Christopher J. Obudho  (June 22, 2009, 4:49 pm)

All of the comments concerning public education funding have been enlightening to say the least. As a late-blooming college student, I have learned a lot from all of the writers here and from my current educational opportunities. As I'm sure most of you were, I am surrounded by leftist professors who unashamedly mock anything deemed "conservative" or had to do with former President Bush. Even more depressing, my classes are full of well-meaning, younger students with a propensity to fall for the leftist ideologies (some subtle, some not) of those professors. Given my relatively advanced age in these classes, I find myself the sole "common sense" thinker who is shocked almost daily at the laissez faire attitude of some of the these future leaders when it comes to discussions of freedom, liberty, personal responsibility and individual rights. Collectivism is the norm for these young adults and I'm truly concerned about the future sometimes.

All of that to say we can talk about funding until we're blue in the face, but results must be top-of-mind during all of these discussions. In a required history class I attended this past spring, I was amazed that not one other student in the class could name the first four Presidents of the United States! Most could honestly care less about the "history of old, dead white guys" (Professor's quote) and weren't ashamed to dismiss any discussions of the importance of the Founders. I would have thought that once one came to college and is paying for his/her education, that an increased level of seriousness would be prevalent (I guess I'm still pretty naive).

Murray's thought on charging parents directly for their child's K-12 education definitely has merit, but I agree with Peter's concern about what happens when that family faces hard times and cannot afford to pay? Naturally, government at some level would step in (asked or not), because it's "about the children". We all benefit from a properly educated populace and a "thorough and efficient" education can mean many different things to many different people. Personally, I would like children to know the basics of the founding of this country (namely, could they pass a citizenship test?), practical economics and creative thinking. This "curriculum" doesn't seem like a heavy lift, but when politics, unions, vast sums of money and personalities get in the way, we have what's going on with the D.C. voucher program. Murray is definitely correct that the Courts don't belong anywhere near education policy. That needs to be our first step: the Legislature needs to reassert itself and allow parents to be the primary decision-makers for their children. Unfortunately, our society has devolved into a "needy" collective that cannot be allowed to think for ourselves. I don't have children, but attended public schools and had parents who were concerned about my education (regardless of the fact that I wasn't at the time) so any program or policy that gives parents more control over their child's education is vital and important to me.


 
Peter C. Hansen  (June 6, 2009, 1:00 am)

Murray, I can't say that I see a boundary on the NJ courts' authority being necessarily established by Article VIII(I)(7) of the NJ Constitution, which you quote. If the court were to determine that a "thorough and efficient system of free public school" is best represented by the most expensive one in the state (per Art. VIII(IV)(1)), it would presumably take little legal technique to find that the NJ Legislature must "reduce" or "offset" the property taxes that would have been paid by poorer school districts to create the same system. Since the NJ Constitution does not require the Legislature specifically to refund paid income tax, the "reduce" or "offset" language could likely be ignored in every practical sense since anything could theoretically be paid (and "offset") from a property tax. (I say all this informally, by the way, as I am not licensed in NJ as a lawyer.)

I would also like to engage a bit with your interesting points on school funding. You seem to be arguing that the costs of education should be borne by the parents as much as possible, except perhaps for a minimum per-pupil payment to parents from the state income tax. I agree in part and disagree in part. I find the per-pupil grant to the parents highly attractive, as it provides financial means to be educated but does not dictate where it must be spent. This allows for free competition among providers, and does not necessarily harm traditional public schools if they can provide services at a reasonable cost. (Indeed, I suspect as a practical matter that the state minimum fee would be carefully attuned to public school costs.)

At the same time, I don't agree that parents alone should primarily bear the cost of their children's education. (Since you allow for some public subsidy via the income tax, it would appear that our difference here is one of degree.) Few people can be confident over the whole course of eighteen years that they will have sufficient funds for education, let alone before the child is born and one is (usually) rather young and of uncertain prospects. The only rational decision in such circumstances is not to have children, and thus avoid the risk of lacking funds. Less drastically, the choice would be to have only one child, or be prepared (as in the developing world) to choose which child is educated, and to accept that if one loses a job, one's child may have to leave school. The social outcomes of such a situation would almost certainly be worse than one (like the present) where K-12 education is (at least legally) assured.

I also do not believe that the "pure" conservative position must see a guarantee of educational opportunities as co-equal with support for "socialized" education, or that a pro-guarantee position is inherently leftist. A (limited) paternalistic approach by the state is needed here to ensure the welfare of dependent children who cannot decide their own fate. The direct grant payment you propose is appropriate to a rational-actor situation where the beneficiary can personally decide how to use the funds. A child (particularly a very young one) has no such capacity, and parents cannot always be relied upon to make reasonable decisions for their child. The child is essentially at the mercy of its parents.

In this instance, I believe that the state legitimately has the right in loco parentis to ensure a minimum opportunity for the child to achieve a properly educated, rational capacity of its own (and thereby fulfill the libertarian ideal). Doing so by providing sufficient funds, and by ensuring that every child can go to some appropriately serious local school, allows maximum freedom while establishing a "floor" of opportunity to which everyone is entitled. If that "floor" did not exist, society would accept that someone could grow up in the basest degradation and ignorance, without any opportunities whatsoever, and nothing at all need be done about it. That is a recipe for creating a South American-style caste structure (where charity has barely ameliorated the inequalities, poverty and violence).

Now, as to the content of the educational opportunity to be provided, this is a wide field for debate. As I said above, this matter is more properly left to the parents, although I don't see a reason why the state couldn't require some basic competencies such as age-appropriate reading and arithmetic abilities. I think a discussion as to content would be disturbing, however, if it were allowed that some children could take no part whatsoever in any of the studies under discussion.

I would of course welcome your thoughts on this, and I will also try to read the Abbott decision to respond better to Chris's latest (and very useful) post.


 
Murray Sabrin  (June 4, 2009, 10:16 am)

Most commentary, including the New Jersey Supreme Court decisions about funding public education in the state, cite the following constitutional amendment: "The Legislature shall provide for the maintenance and support of a thorough and efficient system of free public school for the instruction of all children in the State between the ages of five and eighteen." (Article VIII, Section IV, paragraph 1)

However, the most important constitutional requirement regarding the funding of education can be found in Article VIII, Section I, pargraph 7.

"No tax shall be levied on personal incomes of individuals, estates and trusts of the State, unless the entire net receipts therefrom shall be received into the treasury, placed in a perpetual fund and be annually appropriated, pursuant to formulas established from time to time by the Legislature, to the several counties, municipalities and school districts of this State exclusively for the purpose of reducing or offsetting property taxes..." (Emphasis added)

According to the above sentence, the Supreme Court clearly overstepped its authority in creating a school funding formula in the Abbott and other decisions. The New Jersey State Constitution gives the Legislature, not the Court, the authority to decide how the income tax funds are to be distributed throughout the state.

Although the recent Supreme Court decision upholds Governor Corzine's new school funding formula, namely, that school aid should follow children who have special needs and should not be targeted by zipcode, the funding of education begs one huge question: Why do conservatives, who are supposed to be champions of free enterprise, continue to debate how to fix public, i.e., socialized, education?

Conservatives should be discussing how to return education decisions to parents in the context of establishing more freedom in our society. As long as conservatives keep coming up with spending "forumuals" then the high ground has been conceded to leftists, namely, that the cultivation of the mind is a government responsibility. This is dangerous and violates a fundamental conservative value, namely, the sanctity of the individual.

In the meantime, a few "reforms" are long overdue before the day arrives when education becomes another valuable service organized around the freedom principle. First, all state income tax funds should be distributed on a per pupil basis. This is only fair. One child, one dollar. Local resources could make up the difference to fulfill the mandate of a "thorough and efficient" education. Two, using property tax dollars to pay for public education should be phased out. We should start by charging parents a "co-pay" for their children's education. Parents should begin to "feel" the cost of their children's education, and this should boost particpation in local school board elections. Three, indviduals and childless couples should begin to get exemptions for both income taxes and property taxes. Again, the issue of fairness compels state and local governments to "tax" users for their taxes. For example, the post office charges fees for its services. So should eventually public schools. Fourth, families who send their children to private or parochial schools would be tax exempt from the income tax and school property taxes. This is another fairness issue. No one should have to pay twice for a service.

These reforms could be implemented over several years so education would no longer be a political football, litigated endlessly by well meaning but misguided attorneys and special interest groups. Anything less would preserve the expensive and marginally effective schools school districts, especially in urban centers that need a major overhaul in the way educaiton is provided, so children would get a better education than they are now receiving and save taxpayers a substantial amount of their hard earned income.



 
Peter C. Hansen  (June 3, 2009, 2:50 pm)

George, you make an excellent point about the need always to keep one's tone in mind when addressing persons or groups. While I don't find there to be a harsh tone or edge on this blog myself, this is something really in the eye of each beholder. If conservatism is to win friends in New Jersey (i.e. independents), it is critical that an appealing presentation be given to appealing ideas.

I was struck by your references to the (quite laudable) efforts of the Montclair professors' union to preserve free speech on campus and the right of professors to confront accusers. I think that you make a valid point when you show that unions can serve to protect classical liberties. I would doubt that anyone here would refuse to give the union credit on this count. At the same time, I have to take issue with your assertion that "[m]any union people and representatives are old fashioned liberals." If this were true in the broadest sense, I cannot see how teachers' unions could be the anti-competitive and anti-merit institutions that they so very often are.

If, however, you mean that most individual teachers oppose the thought police, and that a teacher's union will usually reflect this view, I think this is probably and happily true in the very large majority of cases. Even for my teachers who were obviously on the left, most of the time this meant simply that they wanted kids to think and imagine freely, without a lot of prejudices and constraints gumming things up. I was hugely grateful for this, and I still strongly believe that it's the best environment in which kids can develop their minds. Unless one is of a certain type of socially conservative bent or group, I find it hard to believe that many mainstream conservatives would find any qualm with such classic negative (i.e. pro-freedom) liberalness.

By the same token, I think that most conservatives (and perhaps some liberals) find it unacceptable for teachers to positively impose acceptance of a certain social construct on their students that goes beyond the traditional American system of civics. For example, it is praiseworthy for a teacher to teach and demand respect for the efforts to end Jim Crow (and to hold its martyrs up as heroes) because this honors an attempt to ensure everyone's equal access to legal protection and enfranchisement in accordance with American ideals. By contrast, if a teacher were to make it clear that students cannot argue against gay marriage, or that students must mimic a Muslim prayer in a (clumsy) attempt to learn about other cultures, this would be as distasteful to the classically liberal type of conservative as requiring the Bible to be taught as revealed truth in the public schools, or announcing to the class that gay marriage cannot be justified or even discussed since it is against tradition. This is because the teacher's act would here be compulsive rather than persuasive.

Again, unless one is of a firmly parochial worldview, I doubt that many mainstream conservatives would take issue even with the dispassionate and disinterested presentation of information and ideas which are novel and controversial, or with which they might strongly disagree on the merits (such as with respect to the thinking of Singer with respect to infanticide) if the information and ideas actually inform and help the students develop their thinking skills, and if students are free to consider all sides of an argument or datum, and adopt and argue one of their choice without harming their grade. This is the purpose of a traditional, Western-style education, and conservatives must have the confidence to expect that if their ideas are substantively the best, they will be adopted over time by a majority of sharp-thinking, well-educated adults.

I think that common ground could certainly be found on such a basis between conservatives and "liberal" teachers and teachers' unions. If old movies and TV shows are anything to go by, this common ground once existed, at least in agreed principle. It would be very nice indeed if we could get back to that mythic past, laugh off and shoo away the wingnuts and vicious types, establish a general consensus that we all like a good debate and hate getting pushed around by authority figures, and get on to fighting about more practical matters like vouchers.



 
George Zilbergeld  (May 29, 2009, 3:13 pm)

Here and elsewhere I note a harsh tone regarding public school teachers and teacher unions. Perhaps this is a bit of a mistake.

First, the harsh tone makes it difficult to recruit public school teachers to a more conservative view. This is not a lost cause, as anyone who knows any public school teachers knows. The official magazine of public school teachers noted a while back that 40% of the readers have a more conservative view than the teachers union has. From time to time, if you are a regular reader of such reading matter – and I admit it is heavy sledding, since the writers always seem to assume we are always in the 1930s – they will even publish letters from a disgruntled teacher who is angry about the consistently liberal view of the articles.

Second, things are so bad on my campus that our union is a conservative force compared to the leftist dingbats. For example, when the left wanted to have a speech code I wrote to the president that doing this would make Joseph Stalin proud, but would be wrong in America. That remark did little, but when the union went to the President and explained that a speech code was contrary to American values and might result in bad publicity, that ended the effort to have a speech code. The same thing happened (without my remark) when the left wanted to institute a system that allowed a student to make an accusation against a professor – which the professor would have to answer for – without knowing who made the charge, the union went into action again and we still have the same rights as regular citizens.

Many union people and representatives are old fashioned liberals. If we plan to have any important changes we will need these folks to help us. I know this isn't a high level discussion but I did want to say this before I said anything else. My wife is a public school teacher and she is one of the teachers that make an important and positive difference in students' lives. I too had public school teachers who did the same for me.

I firmly believe that not allowing vouchers is immoral. I also think that is a powerful political weapon to get votes, once we get the right candidate. The heart of our discussion should be about what makes a difference for students and parents. I feel better now.


 
James D. Agresti  (May 29, 2009, 12:08 pm)

When it comes to giving every child an opportunity for the best education possible, no principle has proven to be more important or effective than freedom. Upper and middle income parents exercise such freedom for the benefit of their children by virtue of where they choose to live and by sending their children to private schools. Why should this educational freedom be denied to lower income people when it can be easily provided while saving the taxpayers money?

This issue is especially important in a state like New Jersey, where we have school districts like Madison and Newark that are within 15 miles of one another, yet Madison is light-years ahead educationally, while Newark is spending 42% more money per student than Madison!

To claim, as liberals often do, that school choice or vouchers don’t work is as absurd as saying private schools or good public schools don’t work. Two months ago, Barack Obama declared that his Secretary of Education, Arne Duncan,

“will use only one test when deciding what ideas to support with your precious tax dollars: It’s not whether an idea is liberal or conservative, but whether it works.”

Obama and Duncan know what works as evidenced by the choices they make for their own families. Barack and Michelle Obama did what works for their children and placed them in a private school. Likewise, in an interview with Science magazine last month, Arne Duncan was asked where he sends his daughter to school, and he replied:

“She goes to Arlington [Virginia] public schools. That was why we chose where we live, it was the determining factor. That was the most important thing to me. My family has given up so much so that I could have the opportunity to serve; I didn't want to try to save the country's children and our educational system and jeopardize my own children's education.”

This is a clear admission that placing a child in the Washington D.C. public school system jeopardizes their education. What about the children of parents who can’t afford to live in Arlington or send them to a private school? How about the children who attend public schools in Newark, Paterson, and Camden? Are they any less important than Duncan’s and Obama’s daughters? Obama and Duncan would surely say no, but their actions betray their words.

Over the past 3 months, Obama, Duncan, and Congressional Democrats have set about dismantling an initiative that provides 1,700 D.C. schoolchildren with the same opportunity that many of them give to their own children. This is a school choice initiative passed primarily by Congressional Republicans and signed into law by George W. Bush. When it became known, however, that two of the students in this program attend the very same school as Obama’s daughters, Democrats backpedaled and are now saying that students already in the program can finish out their schooling, but no other students will be admitted.

There is no plausible reason for these appalling and heartless policies other than the fact that teachers’ unions donate large sums of money to Democrats. Put bluntly, this is greed and politics at its worst. Contrary to the Democrats’ claims, school choice would not hurt public schools, but dramatically improve them because all schools would have to compete for students and be truly accountable to parents. This is not a theory, but exactly what occurred in New Zealand when they instituted a nationwide school choice program.

When it comes to education, children are not the only ones sacrificed on the altar of liberal politics. Taxpayers are also punished in a major way, as the average cost of private school is almost half that of public school.

This is an issue of basic fairness and human dignity. Children deserve the best education practically achievable and taxpayers deserve to have this done at the lowest possible cost. Educational freedom through school choice is the best and possibly only way to accomplish these goals. Our duty as informed citizens who truly care about children is to vote for people who support school choice and make it known to others what is at stake here. The fate of millions of poor children who will never reach their potential under the current educational system depends upon it.


 
Christopher J. Obudho  (May 29, 2009, 10:18 am)

Not to jump out of my lane, but I would be interested in hearing the thoughts of my fellow contributors on the NJ Supreme Court's ruling re Corzine's school funding formula. Having just reviewed some of the reactions across the state on the ruling, I get the sense that, at minimum, this ruling takes us into "fairer" territory with respect to education funding. At least the Court and the political branches have acknowledged that the Abbott districts should not be receiving the lion's share of the billions of dollars spent each year. I'm not saying that I am jumping up and down applauding this ruling, but in New Jersey, any legislation, policy or ruling that recognizes that dumping billions into mismanaged communities/schools isn't the way to go is a good thing. I'd still rather not see $8 billion spent on schools when high percentages of children can't read or write, let alone graduate. How will this work out on a practical, everyday level? It all depends on how much the Legislature is willing to stand up to the urban education lobby. If funding is reduced in the Abbott districts, they will scream bloody murder and threaten the re-election chances of those who supported the formula. We'll see. It sure will be interesting to watch.


 
Christopher J. Obudho  (May 25, 2009, 1:20 pm)

The bottom line that we can all agree on is that public education is about one thing and one thing only: educating young people. If we lose sight of that fundamental goal we are all lost. This, of course, is obvious, but getting tied down with different funding formulas misses the issue in my opinion. Even if we fund each child, through vouchers, income or property taxes at 10, 20 or 30 thousand dollars per pupil, the question becomes: are they effectively prepared to succeed in the real world (or more basically: are they learning anything)?

I've recently decided to return to college after many years and I must admit, the level of reading and writing skills among the students I'm in class with is appallingly low. Would vouchers or home schooling have helped these young people be more prepared for college-level work? Probably. But, the reason, I feel, that we are seeing such a crunch with respect to public education (results, costs, etc.), is the overwhelming power of the state teacher's unions. The teacher's unions have such a vise grip on the politicians of this state that any slight hint of a thought of a possibility of change is met with a flurry of accusations, posturing and good old-fashioned demagoguery. At what point will the teacher's unions accept the responsibility of teaching young people properly, taking pride in the duties they have and not looking for a life-long pension? Now, there's absolutely nothing wrong with teachers wanting to work, be appreciated and be rewarded, but how on Earth could teachers honestly complain about a cut in pay or having to pay more into their health benefits (or whatever complaint they may have during contract negotiations) when stat after depressing stat shows that children are not able to do the basics necessary to compete (read, write, etc.)?

So, what's the solution? How can New Jersey rid itself of the powerful special interests that constantly and consistently keep our schools from performing at the levels we all know they are capable of? Keep pushing for vouchers/charter schools/school choice experiments throughout the state. Maybe, just maybe, parents (who already know this to be true) and the political establishment will see how successful school choice can be. Take for example, the DC voucher program which was recently defunded by President Obama. The program cost $18 million, but apparently was too much of a strain on the federal budget. African-American parents rallied in Washington DC to try and save the program because they knew what their children needed to succeed: a quality education. Parents in our inner cities feel the same way, but are caught between a political rock and special interest hard place. The political system here in New Jersey is so incestuous and intertwined that it will be hard to stop a politician from groveling to the unions who make large political donations and can mobilize thousands of supporters during election years.

As conservatives, we can't stop fighting though. The future of our state and our country hangs in the balance.


 
Alan J. Steinberg  (May 24, 2009, 5:53 pm)

I applaud Murray Sabrin for his creativity and insight that he displayed once again in his article on public education. There are two issues that I raise in response.

The first is the issue of the New Jersey Constitution, which states in Article VIII, Section IV, paragraph 1, :

“The Legislature shall provide for the maintenance and support of a thorough and efficient system of free public schools for the instruction of all the children in the State between the ages of five and eighteen years.”

This clause has been the subject of extensive litigation over the last five decades, most recently with the various Abbott v. Burke decisions of the New Jersey Supreme Court. I am hardly an expert on New Jersey Constitutional law. My instinct, however, is that Murray's recommendation that parents finance their own children's education, with their payments being deductible on their tax returns, would clearly fail to meet the "thorough and efficient" test, even with a conservative New Jersey Supreme Court.

Yet there remains an issue of whether the "thorough and efficient" clause requires public provisioning or public financing of education. Public provisioning means that the state must establish a public education system of "K through 12" education. Public financing means that the state provides sufficient financing to the parent of each student in order to enroll the child in a good "thorough and efficient" school, public or private. This could be done in the form of vouchers, which leads to my second issue: What is the most effective way for the state of New Jersey to provide a thorough and efficient system of education for the children of New Jersey ?

I favor a hybrid approach of public provisioning and public financing. By and large, most public schools have provided effective education to New Jersey children. I also believe that public schools in our nation have been successful in integrating the children of immigrants into American life and in training our children with the basics of good citizenship. The latter, of course, must always be supplemented by the parents at home.

Yet as Murray accurately notes, there are severe problems and failures with urban education in the GardenState. The parents of these children cannot afford to send their children to private schools or public schools outside the district. For children in failing school districts, as demonstrated by low standardized test scores, I strongly advocate vouchers, which could be applied towards enrollment in either private schools or public schools outside the district.

Where I part company with Murray is on the existence of Departments of Education at the federal and state level. I believe such departments are necessary in order to maintain accountability in the public school system. Accountability may be maintained through the establisment of curriculum requirements and standardized tests, in addition to monitoring school district finances.

There are many public policy approaches to education in New Jersey labeled as "conservative". My personal emphasis , which I define as "conservative" is on the provision of vouchers for children in failing school districts and the maintenance of accountability.


 
Murray Sabrin  (May 14, 2009, 3:11 pm)

I am ecstatic we have a discussion about funding public education. We need to discuss this issue not only on this website but also at a "summit" in New Jersey where all the perspectives are brought together to hash out the pros and cons of public education as well as the funding of public education.

As Alan pointed out in his essay in response to my call for abolishing the income tax at both the federal and state levels, New Jerseyans and probably the general populace across America support government, i.e., taxpayer financed schools. This should not be surprising given the American people's support for educational opportunities for all children. But it does not follow logically that government-run schools and massive local property and state income taxes as well as federal tax dollars are required to provide quality education for all children.

Using this line of thinking, then, healthcare, food, housing, etc., should be provided by the government, otherwise how would all children grow up in a clean, safe, healthy environment without government help? Is it true that socialism is necessary to create a more perfect union? Sure we have government programs such as food stamps, housing subsidies, Medicaid, and SCHIP for low and middle income families. But these programs beg the question: is it right for the government to "plunder" a portion of society for the benefit of others, albeit for good ends?

This is the issue that divides mainstream conservatives from libertarian conservatives, who oppose all forms of coercion to achieve social ends. Clearly, the mainstream conservative viewpoint is in reality no different from the liberal perspective, we must have a comprehensive welfare state to address economic needs of low income families. The difference then between the mainstream conservatives and liberals is how big the welfare state should be. More on this in future posts.

Public education, or more accurately government education, is one of America's sacred cows. Even to most suburban conservative Republicans who send their children to private schools, public education is considered "untouchable." There is virtually no organized opposition to the double whammy more and more suburban families face – paying for their children's private school tuition and paying escalating property and state income taxes to support the public school establishment.

Instead of tinkering with the current public education structure, we should first get the federal government out of local education decision making, and that means abolishing the Department of Education.

At state and local levels, local school boards, local administrators, principals, parents and teachers should make education decisions, not state education commissions. This means abolishing state education departments, eliminating another useless bureaucracy, and saving the taxpayers more money. In towns and cities, consumers of public education, that is parents who send their kids to the local public school – not all homeowners – should pay for the operation of these schools. This could be in the form of tuition, user fees or other methods – grants, contributions, etc. These expenses should be tax deductible from federal taxes, just as property taxes are deductible now. (Parents who send their children to private or parochial schools should also get a federal tax deduction.) Paying for education via fees and other voluntary means would lift once-and-for-all the property tax burden on senior citizens, childless couples and individual homeowners.

Americans are used to paying user fees. We have toll roads and bridges. We rent videos and DVDs. We pay admission fees for concerts and movies. We pay for baseball, football, basketball, hockey, and soccer tickets. We go on vacation to Disneyworld, the Caribbean, Europe, etc. In other words, the free enterprise system provides virtually all the products and services we consume.

Shouldn't K-12 education, therefore, finally become a part of the free enterprise system?

"What about the poor"? Education is "different", say the proponents of "public education." Education is supposed to be the social glue that binds the citizenry in the glorious American democracy experiment. Therefore, government-funded education brings together children of low income, middle income and upper income families to share a pluralistic learning experience.

The historical record challenges the romantic notion that education is primarily about learning. Public education was established to control youngsters – primarily Catholic immigrant children in the 1840s – to become "good Christians" and obedient citizens serving the state.

Given the cost of urban education and the dismal performance of students, you would think policymakers would demand a change in the way education is structured in America. For example, in Camden, New Jersey, only 10% of public school students graduate from high school. In other words, the Camden public school system has a 90% failure rate, and yet the New Jersey Supreme Court has mandated that state aid be increased for urban schools so these districts can spend at least or more than the per capita expenditures of the wealthiest suburban districts.

Several years ago, the Supreme Court ignored the Rosenfarb Winters report that uncovered $280 million in non-instructional "inefficiencies" in the Abbott districts. Instead of ordering the urban districts to become more efficient, the Court ordered the state to increase spending. In Asbury Park, for example, annual per-pupil spending is more than $20,000. It would be cheaper for the state to give each family a voucher for $10,000, saving taxpayers tens of millions of dollars in just one urban district. Further north, Newark's school budget is $800 million. Ninety percent of the costs are picked up by state taxpayers.

Under my proposal, local educational foundations would become the primary vehicle to help raise funds for urban school districts. Where none exist, the creation of an LEF would provide funding to supplement the tuition and fees that parents would have to pay in a restructured education system.

The failure of urban public education in New Jersey confirms Peter Drucker's observation that "nonprofits spend far less for results than governments spend for failures". The solution for urban education can be summed up as follows: turn over the schools to the teachers, administrators and parents, so they can become independent nonprofits. This would force urban schools to address educational issues without government bureaucrats looking over their shoulder. In addition, the state sales tax that is collected in urban areas should remain in the cities instead of remitted to the state. These funds would then be used to fund public schools in Newark, Camden, Paterson, etc., without the need to tax suburban families.

And if urban schools continue to perform poorly under teacher-administrator-parent governance, parents could then turn to home schooling, organized around community cooperatives.

In the final analysis, we must end the patronizing policy of Trenton that states in effect that people of color cannot educate their kids without the wise hand of bureaucrats, and we must end the ad infinitum money stream that the courts have mandated with the state income tax.

Once again freedom is the answer. Freedom will create better education opportunities for all children.


 
Peter C. Hansen  (May 11, 2009, 11:27 pm)

From the preceding entries, we appear to have come to a quintessential New Jersey issue – how to fund education?

Murray states in this regard as follows: "Local governments that run schools, especially urban school districts that rely on the state income tax for virtually all their funding, will have to rely on local resources and other creative means to deliver education to their youngsters."

Alan replies as follows: "There is, however, a general consensus widely held among the electorate that certain activities should be implemented through government. Among these are: ... 3) public education for students K-12 ...."

Jim provides in this respect a number of cautionary statistics about school funding to evidence the truth of the "adage, 'If you’re heading in the wrong direction, speeding up isn’t going to help.'"

Public education is a political reality in New Jersey, and arguably a valid public good as well (at least according to Alan). How then shall it be funded? Currently, it is done through a mix of property taxes and state taxes. This two-tier system allows for poorer districts to be subsidized from the state kitty, but also presents broad opportunities for abuse. For example, the taxpayer in Bergen has no proper say in how a Camden school spends his or her state tax money.

In New Jersey, local funding presents serious issues, but these are relatively muted by the fact that most people have chosen their tax burden when they selected a town in which to dwell. Unlike many other states, New Jersey doesn't generally conduct education at the county level. A town's or locality's housing prices and property taxes presumably correlate rather closely to the local school's perceived quality. (Any data on this would be welcome.) In the main, property tax burdens are consciously undertaken and are expected to redound to the taxpayer's benefit in terms of his or her child's education, or the taxpayer's housing value. In fact, a radical restructuring of state education funding (such as statewide vouchers) is highly unlikely because it would call into serious question the vast matrix of state housing values.

By contrast, state education funding causes anger and controversy because it is not as easily followed, understood or calculated by the average taxpayer. It seems to be used mostly for murky purposes in unfashionable or dangerous places. That it is often misused appears not just from the papers, but from reason itself. After all, where free money is poured, corruption quickly follows. The lack of rising test scores in heavily subsidized districts compounds the scepticism and resentment among the subsidizers in richer areas. In short, it all seems a racket.

And yet, bless 'em, New Jerseyans seem to want kids to have equal educational opportunities. In my experience, this impulse comes from the very moral fibre of the doughty New Jersey yeoman. I suspect that if you announced to ten Pathmark shoppers that it is just tough luck if a kid happens to live in a poor district and can't have an art or music class, six would pass by with a sniff, three would describe you as a bodily orifice or product (loudly, if you are unlucky), and one would start lecturing you back about why you are wrong.

To my mind, this is fully in accord with a conservative, merit-based approach to social construction since it seeks to have a straight starting-gate. Can a conservative support state funding to equalize opportunities and straighten the gate, however? State funding is more than an imperfect instrument. It is an invitation to corruption and waste. What factors should a conservative then weigh (if any) in determining when and how state funding is to be applied to education? I welcome your thoughts on this.


 
James D. Agresti  (May 6, 2009, 4:13 pm)

In seconding what Mr. Obudho has so eloquently articulated, I’d like to elaborate on a principle of sound public policy. All too often, we innocently accept underlying assumptions without testing them to see if they are warranted. For instance, how do we know federal money given to Peter would “benefit” his fellow New Jerseyan Paul? Likewise, how do we know that paying taxes “to finance a public school system” produces a “well educated citizenry”?

The assumption is often made that government money injected into various spheres of society has positive effects. However, a great deal of data points to neutral or reverse correlations. Take education for example.

According to John Taylor Gatto, former New York City and New York State Teacher of the Year: “Abundant data exist from states like Connecticut and Massachusetts to show that by 1840 the incidence of complex literacy in the United States was between 93 and 100 percent….” Specifically, Gatto notes that the Connecticut census of 1840 found more than 99.8% of citizens to be literate. All of this was before government became significantly involved in education.

Contrast this with a 2001 U.S. Department of Education adult literacy study, which found that only 11% of people with a high school diploma and 50% of people with a four year college degree are capable of such essential literacy tasks as comprehending and explaining the difference between two types of employee benefits.

Furthermore, consider that over the last 30 years, education spending per student has more than tripled, even while adjusting for inflation. Yet, with all of this increased taxpayer money pored into public schools, reading and math competency for the average 17-year-old has remained stagnant.

Such examples are endless, and should give us pause before we presume that government expenditures will produce positive results. To take note of an adage, “If you’re heading in the wrong direction, speeding up isn’t going to help.”


 
Christopher J. Obudho  (May 6, 2009, 12:55 am)

This discussion has been enlightening and I appreciate all of the thoughts given. I would like to propose a hypothetical: What if we ended or drastically curtailed federal spending for those things that the Constitution does not mandate and only authorized spending for the "Common Defense" and "General Welfare" (Article I, Section 8)?

Common defense seems to be pretty clear, but the $64,000 question is: What does "General Welfare" mean? The obvious answer is: whatever the party in power thinks it means. It could mean $4 billion for ACORN or $27 million for "community development." This is how we've gotten ourselves into this pickle. If the spending (much of it duplicative) on a host of different federal (and state for that matter) programs was eliminated, where would we be? Would the people of this country revert to cannibalism and ravish the land? Or, would we find appropriate means to fill the gaps? Would brilliant entrepreneurs rise to the surface and figure out ways to help their fellow man? I think so. We've seen examples of this throughout our entire history as an independent nation (resource exploration, technology, etc.).

Unfortunately, our political leaders (regardless of party) don't trust us to make our own decisions. Sure, they'll hold up a vetted example of business or community success when they want their face on the front page, but as a matter of principle, politicians are leery of allowing "the people" to actually take care of their own affairs. What has now happened is that we are at a point where there is an almost pathological expectation of government intervention in the most basic parts of our lives. From seat belts to bed bugs and speech to home schooling, government has become an absolute monarchy. Will the $27 million brought back into the state for "community development" actually improve our lives? I doubt it. Has the $700 BILLION in TARP funding or the massive trillion dollar budget (with billions for the left's political activists) improved anything across the country? What has the billions, no, TRILLIONS of federal and state spending over the past quarter century done to help the poor, the urban areas, failing schools, etc.? What have we to show for it?

Our elected officials and political leaders can try to bring back money to the state until the cows come home, but where are the results? As taxpayers, we are essentially shareholders who own "stock" in the United States of America. So, at the next "shareholders' meeting" (election), we need to demand results (dividends) from our "board" or show them the door. With respect to taxation, there is not, nor in my (cynical) opinion, will there ever be the political will needed to drastically change the tax code to a fair tax system that Alan and Murray so eloquently speak of. I truly hope I'm wrong because nothing is more "fair" than spreading the burden of funding government out to everyone. The current system of taxation is so ingrained in our national fabric that it would take a miracle to shake it loose.


 
Alan J. Steinberg  (May 4, 2009, 3:51 pm)

Murray:

I agree with much of what you say in your excellent article. In particular, I agree with your support of a gas tax as a user fee on driving on the state's roads. Furthermore, I am in general support of your preference of certain activities not being a function of government but rather of the private sector.

There is, however, a general consensus widely held among the electorate that certain activities should be implemented through government. Among these are: 1) national defense and the maintenance of public safety; 2) a safety net for the infirm and less fortunate; 3) public education for students K-12; and 4) public transportation roadways and mass transit systems. As to these four functions, it is also generally agreed that society as a whole benefits from their proper implementation by the government at some level, even if certain categories of individuals are not direct beneficiaries.

For example, senior citizens are not direct beneficiaries of our public school systems. It is abundantly clear, however, that the entire polity benefits by having a well educated citizenry. Accordingly, given the general benefit to society, it is appropriate that all citizens pay tax to finance a public school system, even if they do not have children attending these schools.

Having established that there are certain legitimate activities of government, the question becomes one of the most fair and efficient methodology of funding.

Murray, I share in general your opposition to graduated income taxes. As the late Nobel Prize winning economist Milton Friedman often noted, the income tax is not a tax on wealth, but rather on becoming wealthy. Graduated income tax structures actually inhibit economic mobility by government taking an increasing percentage of the income earned by an individual working his or her way up the economic ladder.

I also agree with you on the notion of certain sales taxes being levied as a "user fee tax" when the benefit of the tax paid inures particularly to the person paying it. For example, if gasoline taxes are dedicated to the maintenance of public transportation roadways, then it is a most fair tax, in that the more one drives and thereby benefits from public roadways, the more he or she will pay.

I do have reluctance to levy sales taxes to fund general public purposes in that they have a regressive impact. In my view, the most fair tax at the federal or state level is a flat income tax with large personal exemptions to avoid the poor or lower middle classes paying more than they do at present.

I think your article raises key questions that society must consider in terms of future government taxing and spending, and I applaud you for your effort.


 
Murray Sabrin  (May 1, 2009, 10:09 am)

The history of the income tax is one of deceit, dishonesty, and delusion. After the Supreme Court ruled the income tax unconstitutional in 1895 proponents of a direct tax on the people's income began a campaign to amend the U.S. Constitution. The Sixteenth Amendment to the U.S. Constitution was certified by the Secretary of State in February 1913, and what began as a modest tax—rates started at one percent and rose to seven percent—initially exempted 98% of the American people.

The income tax was enacted during the "reform" period known as the Progressive Era. The federal income tax was popular because the tax burden was now going to shift from the relatively high protective tariff on goods consumed by average working and middle class Americans to the country's rich who lived primarily in the Northeast. Instead of remaining a "rich man's tax" with rates under ten percent, the income tax morphed into a broad-based tax reaching marginal rates of 77% during World War I and 94% during World War II.

Rates were lowered during the 1920s under the leadership of Treasury Secretary Andrew Mellon and were raised again during the Hoover and FDR New Deal policies. (President Herbert Hoover was the first New Dealer. See Robert Murphy's new book, Politically Incorrect Guide to the Great Depression and the New Deal.)

Since the 1960s the top marginal tax rate has been reduced several times and is now under 40%. President Obama wants to raise the top rate to just under 40%, where it was under President Clinton. In other words, the president believes upper income earners should pay even more for the cost of running the federal government.

In short, the federal income tax was imposed to lower a burdensome tax—the tariff—but soon nearly all the American people were paying a tax on their incomes, and to add insult to injury the tariff was raised to its previous levels by the pro-high-tariff Republicans in the 1920s. The lesson here is clear: politicians will never permanently lower the tax burden on the people by enacting a new tax in order to lower an existing tax.

This ironclad law of politics has also been true in New Jersey. The 1976 income tax pushed through by Governor Brendan Byrne was supposed to put an end to spiraling property taxes. The relatively modest 2.0% rate on income below $20,000 and 2.5% tax on income above $20,000 have been transformed to a "progressive" tax that begins at 1.4% and skyrockets to 8.97% on incomes over $500,000. Governor Corzine wants to hike the top rate to more than 10% to plug the gap in next year's state budget.

For more than three decades property taxes have continued to rise uninterrupted while the income tax has increased step-by-step to levels more than four times the initial 2% rate.

In other words, politicians have been masters at bait and switch when it comes to taxing the people over the decades.

Our system of government was supposed to be based on creating a tax system that would provide a stream of income to each level of government that would pay for so-called public goods, services that supposedly only government should or must provide.

This is a fallacy. Virtually every service that governments provide has or can be delivered by the profit and nonprofit sectors, including education. Even if the public demands that government provide the service it is illogical to assert that an income tax must be imposed to pay for the service.

For example, government roads are paid for by a gasoline tax and tolls. The gas tax is in reality a user fee based on a flat charge per gallon of gas. The more you drive the more you pay. The post office charges for its services. It is not funded by a broad-based tax. In other words, people pay for the things they consume, whether it is food, clothing, shelter, utilities, leisure activities, etc. Why not all government "services"?

The income tax should be abolished because there is no relationship between the taxes paid and the benefits received by the taxpayer. Moreover, the income tax violates a fundamental American value, the right to privacy. The cost of compliance is now in the hundreds of billions of dollars. The income tax makes possible the growth of the welfare state.

Abolishing the income tax in New Jersey would end the stranglehold Trenton has on middle and upper income taxpayers. Local governments that run schools, especially urban school districts that rely on the state income tax for virtually all their funding, will have to rely on local resources and other creative means to deliver education to their youngsters. In short, we need a real reform in the way people pay for government services. Abolishing the income tax would be the first step in liberating New Jerseyans and all Americans from the failed experiment of big government. A new era of prosperity will dawn once the income tax is abolished.


 
Peter C. Hansen  (April 29, 2009, 3:29 pm)

Current federal deficit spending is doubtless cause for serious concern. At the same time, however, if strategic opposition to expansive federal spending prevents a tactical attempt by the NJ delegation to claw back more NJ federal tax, at least some of the "lost" money will go to subsidize the little empires of other states' politicians. This would not advance federal fiscal responsbility. Moreover, to use Murray's words (rather out of context), this would leave unremediated the "burden on [NJ] taxpayers who are trying to raise their families and improve their lives."

It would seem that the NJ delegation has in any event hardly been zealous in seeking federal spending from DC, since NJ is dead last in getting its money back (61¢ on the dollar). Paradoxically, a more vociferous and demanding NJ delegation could actually advance NJ conservative principles by sparking a serious inter-regional debate about the nature and purposes of federal spending. Moreover (although sadly less likely), if the NJ delegation were actually effective in clawing back a greater share of the federal tax paid by New Jerseyans, other states might be weaned a bit off the federal teat.

Now, a serious caveat must be raised at this point. Any tax "clawed back" from DC as spending would not go directly back to taxpayers, but would instead benefit politically favored persons and groups. Principled objections to this arrangement have already been articulated below quite effectively by Murray, Chris and Jim. Such objections are actually the same as those against NJ's subsidy of other states – i.e. no one has a right to take from another using the state. The objections articulated below seem, however, to include within their scope a blanket refusal to accept federal funds unless they take the form of direct and proportional refunds to individual taxpayers. In other words, if the feds rob Peter, New Jersey should not then pay Paul with the loot.

If Peter and Paul lived under a unified government, the discussion would be simple: should Peter be robbed to pay Paul, yes or no? In reality, however, Peter and Paul live under two governments, and this complicates matters since preferences and probabilities then come into play. Let us now introduce a third character, Mavis, who does not live in New Jersey. Once the feds rob Peter, they will give some of the money either to Mavis's state, or to New Jersey. If the loot goes to New Jersey, it will be given not back to Peter, but instead to Paul. Now, Paul may use some of the money to build a road that Peter will travel on from time to time on business. If Mavis gets the money and builds a road in her state, it is unlikely that Peter will ever zip down it.

In this scenario, would Peter be reasonable to prefer that Paul get the money rather than Mavis, since he is being robbed anyway? It seems reasonable that he would, since he is then more likely to benefit indirectly from his lost money. This wouldn't stop Peter from demanding that he stop getting robbed (or at least of so much). Nor would it stop him from hounding Paul to use every last dime for Peter's benefit. Would Peter be a poor excuse for a conservative, however, if he were to adopt this preference, or even actively to demand of the feds that New Jersey (and thus Paul) get the money? Alternatively, should it be a matter of complete indifference to Peter where his money ultimately goes, if he doesn't receive it back in full himself?

Put differently, should the mere fact that Peter is robbed determine Peter's mindset, or should he also be influenced by a desire to receive back at least some benefit from his lost money? I welcome any thoughts you might have on this question.


 
James D. Agresti  (April 28, 2009, 5:34 pm)

When I read about the money that New Jersey and other states receive from the federal government, it reminds me why government spending at local, state and federal levels has spiraled upwards so rapidly.

Even though many voters consider themselves to be fiscally conservative, few are willing to forgo the taxpayer-funded largesse that benefits them. The justification is usually something like this: “I paid into the system and have a right to get some back.” By this logic, anyone who has ever paid taxes can justify riding the government gravy train.

The blind spot of those who rationalize in this manner is the failure to realize that the money we paid into “the system” is long gone. Government is not returning our money to us, but reaching into someone else’s wallet to fill ours.

I say it is time for principled individuals to lead by example. The left advances their political fortunes by appealing to greed and offering us the fruits of our neighbors’ work. By refusing to accept it, we do what is morally right and stiffen the spines of others who are with us in principle and will follow if we lead.


 
Christopher J. Obudho  (April 28, 2009, 7:43 am)

Senator Lautenberg's announcement of $27 million in Community Development Block Grant (CDBG) money, on its face, would make it seem as if he is doing what the voters of New Jersey sent him to Washington DC to do. I beg to differ. Our elected officials should be in the business of protecting the economic viability of our state and the nation, not simply crowing at the fact that they are sending our tax dollars back to us.

The issue of what money is sent to Washington as opposed to what we receive in return is missing the more fundamental problem of government. Granted, the defeatist may say that they're going to spend the money anyway, so we may as well get some of it back. As a conservative, however, it is more important to step back, face the fundamental issue of government control and spending, then work to change the mindset behind it.

This all may seem like grasping at straws (changing the mindset of government), but that is (and should be) the mission of conservatives all across the country. Unfortunately, in today's society, government is top-of-mind to many people regardless of ideology. Socioeconomic status or nationality doesn't matter either. "What can government do for me" is the common question (spoken or unspoken) too often asked before any other solution is even entertained.

As President, Thomas Jefferson said in his 1802 Annual Message: "To preserve the faith of the nation by an exact discharge of its debts and contracts, expend the public money with the same care and economy we would practice with our own, and impose on our citizens no unnecessary burden, are the landmarks by which we are to guide ourselves in all our proceedings."

When will government "expend the public money with the same care and economy [they] would practice with [their] own"? Maybe as soon as we stop rewarding them with another election victory after they've lined our pockets with our own money! The type of spending championed by Senator Lautenberg and other politicians is for one thing and one thing only: further government control on our lives. This $27 million handout, masked as assistance to the poor and the elderly is simply being added to the $1.9 billion already spent across the country. If this program was so efficient and helpful, why are there still 729,211 people below the poverty line in New Jersey? The CDBG program has been around since 1981 and poverty has INCREASED.

Since 1930, America has been exposed to a mindboggling amount of government spending; some well intentioned, but a great deal merely for the extension of political power. Total government spending has gone from $3 billion to $4 trillion. When will it at least slow down (a million here, a million there)? The $27 million "acquired" by Senator Lautenberg is just another part of the institutionalized Ponzi scheme that our government has been running for decades. It's done in the hopes that the constituencies who benefit will remember Lautenberg's column in the voting booth when he's up for re-election. No doubt there will be more "help" for the poor and the elderly in the near future.

Is this money, for nebulous causes like "revitalizing low-income communities" and "self-sustainability for low-income families," truly the best way to get the country and our state out of our economic slump? Politicians at every level of government can't seem to help themselves (and they surely haven't memorized Jefferson's quote) when it comes to spending our tax dollars.

This may seem Pollyanna-ish or more like a broken record, but isn't it high time to stop this frivolous spending and start some tough love? These organizations should follow a free market system and demonstrate their ability to sustain themselves by tapping into the compassionate base that is our society. There are many people that would give of their time and money to help their neighbor and it's time to wean these groups off the government trough. This type of conservatism may seem harsh to some, but we cannot afford any more pet projects from politicians that only help a few at the expense of the many.


 
Murray Sabrin  (April 27, 2009, 7:47 pm)

Senator Lautenberg's office announced that New Jersey is receiving $27 million from a Community Services Block Grant (CSBG) as part of the federal stimulus program that supposedly will help low-income families weather the financial storm and improve their lives. This spending begs so many questions.

Let's start with the obvious. The federal government has to borrow every additional dollar for its "stimulus" program. The federal deficit will hit an unbelievable $1.75 trillion this fiscal year, triple the previous record. Borrowing money to redistribute income is "robbing" future generations for today's profligate spending. Second, redistributing income does not lift people out of poverty. Low income people need more desirable marketable skills that will boost their incomes. They don't need to become more dependent on DC or Trenton. In addition, low income couples and single women should have children they can afford to support. This is so politically incorrect, but true. To get out of poverty individuals and couples need to delay family formation until they are in a better financial position. That will take time.

In the meantime, low income folks who have more children than they can afford to raise are a burden on taxpayers who are trying to raise their families and improve their lives. Lastly, these funds should be rejected because they are fiscally irresponsible for the reasons I outlined above. No self respecting fiscal conservative should support Senator Lautenberg's continued fleecing of future generations and current taxpayers.


 
Peter C. Hansen  (April 27, 2009, 2:41 pm)

Today comes a press release from Senator Lautenberg announcing that New Jersey will be receiving $27 million in Community Services Block Grant (CSBG) program funding "to put people back to work, reduce poverty, revitalize low-income communities and improve self-sustainability for low-income families." This comes to roughly $3 per person, equivalent to the "please check here to fund federal elections" box on one's tax return. It will doubtless leave unaffected the Garden State's rock-bottom ranking in getting value back from Washington (i.e. 61¢ back for $1 sent – see here for more).

Such an announcement can evoke mixed feelings in a conservative. On the one hand, when looked at as a simple return of tax paid, the $27 million reflects at least a feeble attempt to balance New Jersey's vast net export of income to Washington. Indeed, a NJ conservative might reasonably call on the DC delegation to demand even more money and a bigger piece of the pie, so that more money stays at home rather than getting spread about by, and to political benefit of, other states' politicians. (Doing so is hardly unpatriotic, if one makes the eminently reasonable assumption that some of the dollars lost to NJ are being spent on items that are not truly necessary and critical federal expenditures.)

The problem of allocation then rears its head, however. The private NJ citizen pays tax to Washington, and the tax is returned to a politically selected public or private entity. This effects a redistribution of purchasing power from its producer (the taxpayer) to a more favored person (the CSBG grantee). There is no guarantee by any stretch that the grantee is an actual unemployed or other low-income person, as Lautenberg implies. Instead, the grantee is almost certainly a public or private bureaucrat specializing in attracting such funds and maintaining an office. The poor are thus helped only indirectly by the remaining amount of the grant (if at all), and the taxpayer is out all the money. Any call for "balance" from Washington is thus simply one for letting New Jersey bureaucrats have the money rather than other states' bureaucrats.

And yet ... what is a good conservative to do? If more money is not demanded from Washington, it will go to fund other states' politicians. If more money is demanded, it will likely benefit New Jersey bureaucrats more than the actual poor. (If this seems too strong a statement, consider how much would be saved by simply funneling the tax to the actual poor, and see here for some data on NJ's bloated public sector. Any metrics on NJ bureaucracies' efficiency in "helping" the poor would naturally be welcome here.)

Can a NJ conservative then in good conscience demand more spending from Washington? I would suggest that he or she could indeed do so, if he or she also pushes to have CSBG-type monies sent directly to the truly needy (e.g. via income tax "refunds") and to limit the size of the bureaucracies administering any such funds to match the efficiency of, say, the Salvation Army. I welcome your thoughts on this suggestion.


 
Peter C. Hansen  (April 15, 2009, 11:08 pm)

Welcome to what promises to be a fruitful discussion of the meaning of "conservatism" in New Jersey. As my article on this site, "Some Facts About New Jersey," makes clear, New Jersey has a great number of unusual characteristics that greatly affect its political and cultural thinking. The site's Contributors and Commentators will no doubt have such facts (and many others of similar import) in mind as they discuss how "conservatism" can be defined and applied in the unique setting of the Garden State.

As will quickly become clear, the participants on this site do not always see eye to eye on every issue. The discussion here is not intended to be proselytizing, but rather an effort to hash out what are now often murky areas of political thought. Ideas, values, social constructs, morals and dispositions are going to be revealed and examined by some of the top thinkers in the state. The result will almost certainly not be a single definition of "conservatism" for New Jersey, but instead a rich and diverse philosophical framework within which New Jerseyans (and others) can evaluate their own manner of thinking and the issues of the time.

We hope in all events that you will enjoy reading this discussion as much as we do.