Coyote Blog

I am really reluctant to post stuff like this without some independent vetting, because so many groups out there will distort reality into pretzels.  That being said, anyone know if this is accurate?  Or maybe point us all to a better source and/or debunking in the comments?

    "Section 220 of S. 1, the lobbying reform bill currently before the Senate, would require grassroots causes, even bloggers, who communicate to 500 or more members of the public on policy matters, to register and report quarterly to Congress the same as the big K Street lobbyists. Section 220 would amend existing lobbying reporting law by creating the most expansive intrusion on First Amendment rights ever. For the first time in history, critics of Congress will need to register and report with Congress itself.

    "The bill would require reporting of 'paid efforts to stimulate grassroots lobbying,' but defines 'paid' merely as communications to 500 or more members of the public, with no other qualifiers.

    "On January 9, the Senate passed Amendment 7 to S. 1, to create criminal penalties, including up to one year in jail, if someone 'knowingly and willingly fails to file or report.'

Mark Tapscott covered this issue here, but I am still not sure I have an accurate read on all this.

Update:  See comments.  As I feared, the above may distort the issue.  Brandon Berg thinks the law kicks in when you communicate to 500 or more members of the public on policy matters and get them to contact Congress.  It is not at all clear why I should have to register to perform such an activity, but this is narrower than implied in the press release above.

Update #2:  I am becomming increasingly convinced that Lieberman and McCain are the same guy.  Even down to their desire to protect incumbent politicians from political speech.

Update #3:  Jacob Sullum is also skeptical that the law is really as broad as advertised above.

Via Instapundit, Mark Tapscott reports that Nancy Pelosi is cooking up a lobbying "reform" bill that  will be to lobbying what McCain-Feingold was to elections:  A figleaf labelled "reform" behind which politicians can hide while in effect making it more difficult for ordinary citizens to exercise their free speech.

Incoming House Speaker Nancy Pelosi has cooked up with Public
Citizen's Joan Claybrook a "lobbying reform" that actually protects
rich special interests and activists millionaires while clamping new
shackles on citizens' First Amendment rights to petition Congress and
speak their minds....

That
is bad news for the First Amendment and for preserving the kind of
healthy, open debate that is essential to holding politicians,
bureaucrats and special interests to account for their conduct of the
public business.

The key provision of the 2006 bill was its
redefinition of grassroots lobbying to include small citizens groups
whose messages about Congress and public policy issues are directed
toward the general public, according to attorneys for the Free Speech
Coalition.

All informational and educational materials produced
by such groups would have to be registered and reported on a quarterly
basis. Failure to report would result in severe civil penalties (likely
followed soon by criminal penalties as well).

In addition, the
2006 bill created a new statutory category of First Amendment activity
to be regulated by Congress. Known as "grassroots lobbying firms,"
these groups would be required to register with Congress and be subject
to penalties whenever they are paid $50,000 or more to communicate with
the general public during any three-month period.

In other words,
for the first time in American history, potentially millions of
concerned citizens involved in grassroots lobbying and representing
viewpoints from across the entire political spectrum would have to
register with Congress in order to exercise their First Amendment
rights.

There is even more bad news here, though, because the
Pelosi-Claybrook proposal includes loopholes big enough to protect Big
Labor, Big Corporations and Big Nonprofits, as well as guys with Big
Wallets like George Soros. Big Government, you see, always takes care
of its big friends.

The Pelosi-Claybrook proposal builds on the
restrictions on free speech created by campaign finance reform measures
like McCain-Feingold that bar criticism of congressional incumbents for
30 days prior to a primary and 60 days before a general election.

It should be no surprise that Common Cause, whose main cause is to champion unlimited government power, is behind both bills.

Yes, that's what I said.  The pre-season college football rankings are absolutely the most important poll of the year, at least if you think your school has a chance to be #1 at the end of the year.  That can't be right, you say -- surely a poll taken before anyone has played a game is the least important. Here is my reasoning:

In theory, voters in the college football polls each week come up with their current ranking of teams, which in theory could be very different from how they ranked things the previous week.  In practice, however, voters start with their rankings of the previous week and then make adjustments up and down for individual teams based on that week's game results.  The result is as I described in the comment thread of this post at the Sports Economist:

In effect, the college football rankings are a bit like a tennis ladder. Each
week, losers drop down 3-8 spots and all the winners and no-plays move up to
fill in the vacated spots. Sometimes a team will leapfrog another, but that is
rare and it is extremely rare to leapfrog more than 1 or 2 spots. In this sense, the
initial football poll is the most critical, since only those in the top 10-15
have any chance of moving up the ladder to #1.

In effect, the pre-season poll is the baseline off which all future polls start.  I haven't done the research, but you could probably refine my statement in last sentence above to a set of rules such as:

• A three-loss team can never win the championship
• A two-loss team can win but only if they start in the top 5 of the pre-season poll
• A one-loss team can win but only if they start in the top 15
• An undefeated team can win even if they were left out of the initial top 25, but only if they play in a major conference.  A minor conference team, even undefeated, will not ever end up #1 unless they started the season in the top 25.

Again, the numbers in these rules may not be exactly right, but I think they are directionally correct.  This is what I call my theory of College Football Calvinism (the religion, not the cartoon character) since one's ultimate fate is in large part pre-ordained by the polls even before the season is born.  So, if your alma mater has any shot at the title, you should hope your AD is out there in the summer lobbying the writers like hell to up their pre-season poll standings. Every spot you gain in the pre-season poll is one you don't have to win on the playing field.

Senator Coburn, now with John McCain in partnership, are going to challenge every single earmark in the Senate:

In short, Senators McCain and Coburn announced their
commitment to challenge each and every earmark on the floor of the
Senate. In addition to challenging each and every pork project,
Senators Coburn and McCain will also oppose the inclusion in conference
reports of any earmarks that did not pass either the House or Senate.

As
stated in the letter, the practice of inserting earmarks into
conference reports at the last minute "stifles debate and empowers
well-heeled lobbyists at the expense of those who cannot afford access
to power. Decisions about how taxpayer dollars are spent should not be
made in the dark, behind closed doors."

Good.  And with McCain's backing, it may work.  I say this because, for a variety of reasons, McCain has somehow become the "instant moral authority" of the Senate, bringing instant legitimacy and media attention to any issue he jumps on.  I am not sure, for example, that the egregious Campaign Finance Reform Act would have passed without his imprimatur.

Apparently, the defense de jour by pork-loving Senators is to make the claim that "well, earmarks are trivial compared to non-discretionary spending so let's focus on those larger buckets of cost." 

A couple of thoughts.  First, if the Senate can't control spending on bridges serving 50 people, they are never going to do it on Social Security.  Second, this is very disingenuous, since Congress has had years to address these other issues, and all they have done is increase (via the disastrous drug benefit) the costs of these programmed expenses rather than reduce them.  They gave up mid-stream, for example, on doing anything with Social Security.  Third, now is the time to strike while public attention is focused on these practices.  In particular, the current lobbying scandals put special focus on earmarking, since discretionary spending is order of magnitudes more susceptible to political corruption than are the programmed expenses.

This came to me via email a few minutes ago from Tom Coburn's office:

U.S. Senator Tom Coburn, M.D. (R-OK) today called on Senate and House leaders from
both parties to make the elimination of earmarking, or pork politics, the
centerpiece of any reforms considered in the wake of the Jack Abramoff
scandal.  Abramoff has described the appropriations committees, and, by
extension, the appropriations process, as an "earmark favor
factory" in which influence and votes are bought and sold.   

"Congress does not need to reform the lobbying industry as much
as it needs to reform itself.  The willingness of politicians to abuse the
appropriations process through earmarking has caused the explosive growth in
the lobbying industry and encouraged the excesses illustrated by the Jack
Abramoff scandal.   It is not enough for our leaders to propose
reforms that might promote the appearance, but not necessarily the practice, of
ethical behavior," Dr. Coburn said. 

"For the American people, the Abramoff scandal is only beginning to
connect the dots between politicians, individual earmarks, lobbyists and
campaign contributions.  Behind each of the 14,000 earmarks Congress
approved last year is a story that many politicians will not want their
constituents to hear.  If Congress fails to enact meaningful reforms that
attack this climate of corruption at its source the public will, and should,
take reform into its own hands in November.

Keep up the good work.  I hope he doesn't find a horse's head in his bed.

Arizona Watch makes a great observation about water use here in the desert.  All-too-often, the anti-growth folks use the water issue to try to make us feel like Phoenix is heading toward some parched apocalypse.  Arizona Watch makes the following point:

Scott Patterson's "Swimming in the desert," is dangerously miss-informed. To
advance his anti-growth agenda, he predicts future water shortages in Arizona
due to urban population growth. Urban growth is not to blame.

Nearly 70% of Arizona's water is used for agricultural purposes. What's more,
the cost of water for agricultural use is significantly lower than for
industrial or household use. The problem is not that people live in this desert,
it's that people inefficiently grow crops in this desert, and the inefficiency
is encouraged by price controls on water. If water costs for agriculture were
not subsidized, then market pricing would ensure a plentiful supply of water for
generations to come.

Read the whole thing for the cites to the actual statistics.  I cannot understand why water can't be sold at a market rate.  If you subsidize water prices, and more people then come to the desert than the water supplies can support, is it the fault of the individuals who show up, or is it the fault of the government that can't seem to allow markets to operate when it comes to water?  This is yet another example of the government creating a problem with regulation, blaming the adverse results on the free market, and using the ensuing mess to justify more regulation.

Farmers in particular are getting paid by you and me, in the form of subsidized water, to try to grow wet-country crops out here in the desert.  This water subsidy is on top of the huge farm subsidies Arizona farmers get, including over $100 million a year in cotton subsidies alone.  The government is paying farmers to dump tons of water on cotton plants in the desert that grow perfectly well without irrigation in many other states. 

Postscript:  Farmers really have done an amazing job lobbying for themselves in this country.  They are particularly succesful here in Arizona, where the largest farms are owned by Indian tribes, that have the added lobbying strength of protected-group status.  The other night I was serving out my painful 7 hours or so in drivers ed. class when it was mentioned that us urban dwellers will get a huge fine for not having our 4 year old strapped down in a car seat, but rural pickup truck drivers in Arizona can legally have a 6-month-old rolling around in the back of a bouncing pickup truck without any restraint and be perfectly legal.  Why the difference?  Because the farmers wanted it that way.

As a libertarian and strong believer of individual rights and free markets, I often get "accosted" by folks saying that I must want the environment just to go to hell. Actually, no. Beyond my personal enjoyment of the outdoors, having "the environment go to hell" would be a disaster for my business, which depends on outdoor recreation.

This confusion about libertarianism and the environment falls in the category of what I call being pro-property-rights-and-markets and being pro-business. Many politicians, particularly traditional conservatives, who say they are the former and are in fact the latter. "Pro-business" politicians often support many things (subsidies, using eminent domain to help developers, building publicly funded stadiums) that bear little resemblance to libertarianism or truly free markets. This confusion also stems from differences in how much people trust individual action and incentives rather than command and control government programs. The Commons is a good site dedicated to market solutions to environmental issues, as is the environment section at Cato Institute. Virginia Postrel frequantly writes on the more general topic, beyond just the environment, of bottom up systems driven by individual choices vs. top down command and control.

In fact, environmental laws are as critical to a nation with strong property rights as is contract law. Why? Imagine a world without any environmental legislation but with strong property rights. What happens when the first molecule of smoke from my iron furnace or from my farm tractor crosses over on to your land. I have violated your property rights, have I not, by sending unwanted substances onto your land, into your water, or into your airspace. To stop me, you might sue me. And so might the next guy downwind, etc. We would end up in an economic gridlock with everyone slapping injunctions on each other. Since economic activity is almost impossible without impacting surrounding property owners, at least in small ways, we need a framework for setting out maximums for this impact - e.g., environmental legislation.

But I do disagree with a lot of environmentalists today. The conflict between free market supporters and environmentalists usually come in four flavors:

1. Disagreement over standards. The discussion above implies that environmental laws create a framework for setting out the maximum impact one property owner can have on others. But what is that maximum? Rational people can disagree, and do. This is a normal part of the political process and won't go away, as different people value different things. I generally don't have any problem with people who disagree with me on these standards, except perhaps for folks that want to argue for "zero" -- these people usually have anti-technology and anti-capitalism goals that go way beyond concern for the environment.

2. Disagreement over methods. Consistent with the framework I presented above, I believe that the government should as much as possible set overall emission standards, and allow individuals to make choices as to how those standards are reached. A good example of this are emissions trading schemes. Statists are uncomfortable with these approaches, and prefer to micro-manage compliance, down to the government making detailed choices about technologies used.

3. Use of One's Own Property. By the reasoning for environmental regulation above, the regulation is to limit the impact of one property owner on others. But the flip side is that property owners should be able to do whatever they damn well please with their own property if it does not affect others. Environmentalists will disagree with this vociferously. I have had literally twenty different people give me the exact same response to this: "If you let people do whatever they want, they would all trash their own land and dump toxic waste all over it". Huh? I swear I get this response constantly and it makes no sense. Why would they do this? We have no regulations that people should keep their house looking nice and shouldn't trash it, but most people keep their house up anyway. Why? Because it is in their own obvious self-interest to do so. If other people don't want you building on a piece of property or want it saved for some specific use (or non-use), then they should buy it. That's why I support the Nature Conservancy -- I personally value having some wide open pristine lands and preserving some habitats, but unlike others, I don't expect other people to pay for my wishes, usually in the form of some luckless landholder who suddenly can't use his property the way he wants. Through the Nature Conservancy, private donors who value having certain lands set aside from development pay to achieve that goal privately. This is similar to environmental groups buying up emisions credits. If all the money spent on whining about and lobbying over the Brazilian rainforest had instead been spent buying tracts of it, it would probably be a big park by now.

4. Priority of Man. This is the up and comer in the world of environmentalism. In its extreme form, proponents argue that animals have the same rights as man (though in practice it seems it is just the cute animals like dolphins and harp seals that get the attention). I don't buy it. While there is no defensible reason to allow cruelty when it can easily be avoided, taking the step to put animals on the same level as man, if followed to its logical extreme, will not bring animals up to our level (how could they?) but will knock man back down to the level of animals (see Rush song here).

In my second post on this topic, I will move on to a more specific topic, with a brief roundup on Global Warming and the Kyoto treaty.