On Keystone XL Vote, Justin Amash Schools Us All

Congressman Justin Amash (R-MI) has emerged as a libertarian standard in the House, explaining every one one of his votes on social media along with the principles that informed them. When the lower body took up a bill to approve the Keystone XL pipeline last week, Amash voted present. His explanation demonstrations just how unique this congressman is.

I support construction of the Keystone XL pipeline, and holding it up for over four years (with no end in sight) for political reasons is wrong. It’s improper, however, for Congress to write a bill that names and benefits one private project, while doing nothing to address the underlying problems that allowed such delays to occur. The Constitution gives Congress the power “to regulate Commerce with foreign Nations,” but the Rule of Law requires that legislation be of general, not specific, applicability. A proper bill would address the circumstances that allow *any* such project to be held up for political reasons, not just Keystone XL.

Amash went on to quote Austrian economist and political philosopher F. A. Hayek, who expounded upon why laws must be generally applicable to avoid being arbitrary and thus tyrannical. Amash concluded by explaining the circumstances under which he considers voting present on a bill:

… (1) when I could otherwise support the legislation, but the legislation uses improper means to achieve its ends, e.g., singling out a specific person or group for special treatment; (2) when Representatives have not been given a reasonable amount of time to consider the legislation; or (3) when I have a conflict of interest, such as a personal or financial interest in the legislation—a circumstance that hasn’t happened yet and I don’t anticipate happening.

[The Keystone XL bill] uses improper means to accomplish its laudable goal by singling out TransCanada Corporation and its Keystone XL pipeline for special treatment.

It passed 241-175-1.

Eyes may roll in response to that vote count. After all, what did Amash really accomplish with this vote.

The answer, for any genuinely seeking it, is that Amash set an example not only for his cohort but any elected legislators to follow. Reason editor-in-chief Nick Gillespie writes “I don’t believe in government funding of science, but I might make an exception if it was a project to identify what’s special in Amash and to clone the hell out of him.”

Unsexy though it may be, the principle of general applicability ensures equal protection under the law, an essential aspect of justice which trumps the benefit of any given economic project. If we had more like Amash in Congress, not only would we have Keystone XL, we’d never again find ourselves in a position where government stood in the way of getting such business done.