Townhall.com, Where Your Opinion Counts
Talk Radio:   Bill Bennett   Mike Gallagher   Dennis Prager   Michael Medved   Hugh Hewitt   
BREAKING NEWS  LeftArrow - Townhall.com : Conservative, Political, Republican   RightArrow - Townhall.com : Conservative, Political, Republican  
Columns, funnies & more in your inbox!
  • Check the boxes and send us your email address to receveive your free newsletter
  • Your daily must-read of conservative columns, cartoons and news. Coulter, Sowell, Krauthammer and more.
  • Townhall.com’s weekly inside scoop on what’s happening behind the scenes in the world of politics. When news breaks, we report.
  • Signup to receive the latest daily Townhall cartoons
Sunday, November 16, 2008
Ken Connor :: Townhall.com Columnist
Federal Preemption: Crony Capitalism at its Worst
by Ken Connor
Vote on It:
Average Vote:
[+] Text [-]
 
Poll
Will Sarah Palin make a run at the GOP Nomination in 2012?


President George Bush likes to describe himself as a "conservative" but his track record doesn't back up his claim.

Conservatives believe in limiting the power of the federal government, protecting the rights of states to solve problems at the local level, and promoting personal accountability as a means of ensuring that individuals and corporations act in a responsible manner. When it comes to those conservative ideals, Mr. Bush has shown himself all too willing to jettison principle in favor of "crony capitalism."

"Crony capitalism" is a term used to describe the incestuous relationship that has developed between big business and big government. It's the classic "you scratch my back, I'll scratch yours" formula elevated to a new level. In exchange for campaign contributions from the coffers of big business, professional politicians accord special privileges to corporate fat cats. Tax breaks, federal subsidies, limited accountability for liability—all are examples of crony capitalism. In each case, the interests of Wall Street trump the interests of Main Street. The most recent examples are the bailout plans designed to "rescue" (don't you just love political euphemisms) profligate insurance companies, banks, and other corporations deemed "too big to fail."

One arena in which Mr. Bush has been hugely successful in promoting crony capitalism is in the area known as "federal preemption." His success in this arena has resulted in enormous windfalls to corporate America, huge concentration of federal power in the hands of unelected bureaucrats, and massive erosion of individual and states' rights.

"Preemption" is a simple concept cloaked in an unfamiliar word. Federal preemption simply means that federal law trumps state law when the two come into conflict in a given area. In other words, when the Feds say one thing about how a matter is to be regulated and the states say something else, the federal view controls. The classic example occurs in matters involving consumer protection or state tort law.

During Mr. Bush's tenure, federal bureaucrats have worked hard to immunize manufacturers and drug companies from liability from defective products. Notwithstanding that innocent people have suffered grave harm from such products, officials of the Bush Administration have argued that the companies putting such products into the stream of commerce should be immune from liability because federal bureaucrats put their seal of approval on the products before they were marketed. The Administration advanced these arguments even though the home states of the victims provided a judicial remedy which would allow them to recover for the damages they suffered from the defects.

A prime example is the Riegel v. Medtronic case recently decided by the Supreme Court of the United States. Mr. Riegel suffered catastrophic complications when a defective balloon catheter manufactured by Medtronic was inserted into his artery. As a result, Riegel fell into a coma and ultimately died. Medtronic argued that because its device had been approved by the Food and Drug Administration, Reigel's family should not be permitted to sue for his injuries and suffering. In a Friend of the Court brief, the Bush Administration sided with the manufacturer and against the family of Mr. Riegel and the state laws which permitted them to pursue the corporate wrongdoer. The Supreme Court, in turn, sided with the Administration and Medtronic, holding that the state laws which permitted the family to recover against the corporate wrongdoer were preempted by federal laws. The result was that Medtronic was effectively immunized from liability for its wrongdoing.

A similar case, Wyeth v Levine, is pending in the Supreme Court and is yet to be determined. In that case, Ms. Levine, a professional musician, seeks to recover for the amputation of her right arm as a result of injuries she sustained when she was injected with Phenergan, a medication manufactured by Wyeth. Wyeth's warning label allowed for the method of administration of its medication used in Ms. Levine's case (an IV "push" as opposed to an IV "drip") even though it knew that such method had caused gangrene in several instances. Nevertheless, Wyeth argued that since its warning label had been approved by the FDA, it had no further obligation to warn of the risks associated with an IV push. The company's position was backed up by the Bush Administration.

In a number of other instances, minions of the Bush Administration have stealthily sought to insert language in federal regulations which would immunize corporate wrongdoers from the consequences of their neglect, notwithstanding the existence of state laws that would permit victims to recover for their losses. Their goal is to ensure that federal law trumps state law and that corporate wrongdoers escape liability for their wrongdoing.

It is well established that federal agencies like the FDA are inadequate to protect the consuming public and that they often act as mere "stooges" for the industries they regulate. State laws act as an important check on the abuse of federal power and the misconduct of errant manufacturers. Local juries act as powerful checks on the conduct of greedy manufacturers who would put profits over people.

Conservatives who are interested in preserving our federal system and promoting America's core values should look askance at attempts by Republicans who seek to undermine both. Just because a politician has an "R" after his name doesn't make him a conservative. Conservatives don't just mouth conservative principles, they live by them.

Share:
Vote on It:
Average Vote:
 
About The Author
Ken Connor is Chairman of the Center for a Just Society in Washington, DC.
 
TOWNHALL DAILY: Sign up today and receive Townhall.com daily lineup delivered each morning to your inbox.
crony republicanism
crony capitalism is the wrong term, but you cant tell that to ignorant republidumbs.

The correct terms are; mercantilism, cartelization, fascism or corporate socialism. But then, you cannot expect correct terms from ignorant bobble headed idiots

Please read Von Mises or Hayek, until you do shut the heck up

Mutualism
Mutualism, as a variety of anarchism, goes back to P.J. Proudhon in France and Josiah Warren in the U.S. It favors, to the extent possible, an evolutionary approach to creating a new society. It emphasizes the importance of peaceful activity in building alternative social institutions within the existing society, and strengthening those institutions until they finally replace the existing statist system. As Paul Goodman put it, "A free society cannot be the substitution of a 'new order' for the old order; it is the extension of spheres of free action until they make up most of the social life."

Other anarchist subgroups, and the libertarian left generally, share these ideas to some extent. Whether known as "dual power" or "social counterpower," or "counter-economics," alternative social institutions are part of our common vision. But they are especially central to mutualists' evolutionary understanding.

Mutualists belong to a non-collectivist segment of anarchists. Although we favor democratic control when collective action is required by the nature of production and other cooperative endeavors, we do not favor collectivism as an ideal in itself. We are not opposed to money or exchange. We believe in private property, so long as it is based on personal occupancy and use. We favor a society in which all relationships and transactions are non-coercive, and based on voluntary cooperation, free exchange, or mutual aid. The "market," in the sense of exchanges of labor between producers, is a profoundly humanizing and liberating concept. What we oppose is the conventional understanding of markets, as the idea has been coopted and corrupted by state capitalism.

http://www.mutualist.org/






Sign Up to Post Your CommentsSign Up to Post Your Comments
If you are already registered, click here to login. Otherwise, please take a few seconds to register with Townhall.com. Once you sign up, you’ll be able to post your comments immediately, use the action center, get podcasts, and more!
Note: Fields marked with a red asterisk (*) are required.
Salutation:
First Name:
*
Last Name:
*
Email:
*
Nickname:
*
Note: Nick name will be shown when you post comments.
Address 1:
*
Address 2:
City:
*
State:
*
Zip:
*
Phone:
      
Your daily must-read of conservative columns, cartoons and news. Coulter, Sowell, Krauthammer and more.
(Bi-Weekly) We highlight the best opportunities from our partners for surveys, action items and more.