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The Weekly Standard

@theweeklystandard-blog / theweeklystandard-blog.tumblr.com

A magazine of news and opinion. www.WeeklyStandard.com
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Can't Repay Your Loan? Sue Your College!
The Department of Education's proposal to broaden the existing borrower defense to repayment rule will give college students new grounds to sue their schools for loan forgiveness. Underemployed grads and downtrodden dropouts can claim they were misled and never got their federally loaned money's worth. But the biggest problem with the proposal is the price tag. Indeed, the potential cost to taxpayers is virtually inestimable in its vastness: somewhere between two and 43 billion dollars, according to the Office of Management and Budget. Back in July, when the regulation was up for public comment, THE WEEKLY STANDARD wrote: There was already a rule to regulate the loan forgiveness process, but it required a higher standard of proof—intentional misrepresentation. Under the rule proposed in June, proof of perceived misrepresentation would suffice. Considering the sunny sales pitches colleges put out for wide-eyed prospies, a stampede to file claims sounds about right. Members of the public may comment on the proposed rule before an August 1 deadline, a rushed timetable according to the Washington Post's editorial board. And assuming it'll advance in its current form, despite the public's cutting commentary, the next step is for conservatives in Congress to try to snatch back the purse strings via a Congressional Review Act vote. The Congressional Review Act lets Congress, under Article I, check the authority of federal agencies doing the executive's bidding. But, judging by federal agencies' successful subversion of a Republican congress under this overreaching administration, a CRA vote will most likely fall to a lame duck veto and a stunted override action.
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What vision do Hillary Clinton and her party offer the people? They want … an America that doesn't stand out. They want an America that is ordinary. There's kind of a gloom and grayness to things. In the America they want, the driving force is the state. It is a place where government is taken away from the people, where we are ruled by our betters, by a cold and unfeeling bureaucracy that replaces original thinking. It is a place where the government twists the law and Constitution itself to suit its purposes. It's a place where liberty is always under assault—where passion, the very stuff of life, is extinguished. That is the America that Hillary Clinton wants. And if given control of Washington—if given control of Congress—it is the kind of America she will stop at nothing to have.
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Conservatism—or at least what used to be called conservatism until about seven months ago—understands that government should be smaller wherever possible and modest in its goals. That not every problem can be remedied by government. That when governments attempt to impose remedies, they often do so clumsily and ineffectually. And that even well-meaning legislative remedies can cause unintended downstream effects.
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When you hear politicians talking about "tax incentives" for this or that, they are talking about rewarding companies and people for doing what the government wants them to do. How strange it is, then, that the same politicians turn around and demonize those who accept tax incentives.
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Trump's answer: Only he can fix it. His vision of the presidency is an American strongman working on behalf of the little guy, who by implication cannot take care of himself. At one point Trump criticized Clinton for not mentioning the phrase "law and order." But where, from Trump, was any talk about liberty, or the Constitution, or limited government? Nowhere, of course— because these are not values that are central to his way of thinking.
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Facebook needs reminding of a basic civil rights principle, which is, as the law professor William Van Alstyne once put it, that "individuals are not merely social means; i.e., they are not merely examples of a group, representatives of a cohort, or fungible surrogates of other human beings; each, rather, is a person whom it is improper to count or discount by race."
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