Coyote Blog

The recent bankruptcy of the USPS and the proposal to cut Saturday delivery has interesting implications for government and health care.  Everyone, from the GAO to the management of the USPS know that there are substantial productivity improvement that could be had with better labor deployment and employee accountability, but no one has the will to take on the union.  As a result, the only cost cutting idea they can propose is service cuts.  Which is further proof of what I have been saying for a couple of years -- that despite all the hopey changey talk, the only real idea anyone in the Obama administration or Congress can come up with for health care cost reduction is reduced services and/or price controls (which reduce supply and thus services).

This comes from an email I got from some folks called the Federation for American Immigration Reform.

FAIR's new report, The Environmentalist Guide to a Sensible Immigration Policy examines the relationship between America's mass immigration policies and skyrocketing population growth.  It details how both are severely limiting America's ability to make meaningful progress toward important environmental goals.

"Some environmental groups like to pretend that this correlation does not exist," said Dan Stein, President of FAIR. "Because of pressures brought to bear by politically charged special interests demanding open borders, groups sincerely interested in advancing sensible environmental policies remain muzzled on the issue.  Overpopulation fueled by uncontrolled immigration - the root cause of most resource depletion - is unfortunately deemed too radioactive to discuss in some circles."

Since the first Earth Day in 1970, U.S. population has grown by 50 percent, or about 100 million people. U.S. population now stands at approximately 308 million and is currently growing by nearly three million a year "“ the equivalent of adding a new Chicago each year.  By 2050, an estimated 438 million people will live in this country with more than 80 percent of the increase coming from post-2005 immigrants and their children.

Uh, these people would exist whether they live on one side of the map or the other, its not clear how immigration contributes to over-population, unless they are taking some coldly Malthusian argument that more of them would die young in poverty than do once they improve their lives in the US.   Sure, they may be wealthier having come to the US and use more energy and consume more, but my strong sense is that as they come to the US and get wealthier, then their birthrates actually fall, even if they remain higher than the US average.

From Chicago Sun-Times

In one of the largest Statehouse rallies ever, thousands of unionized government workers and social-service advocates rallied for an income-tax hike that could avert billions of dollars in crippling budget cuts.Three hundred busloads of people, mostly from AFSCME Council 31, SEIU, the Illinois Education Association and the Illinois Federation of Teachers, converged outside the Capitol while lawmakers were in session.

On several occasions during the late-morning rally, protesters turned away from the stage across from the Capitol to face the ornate seat of state government and chant, "Raise our taxes!" and "Save Our state!"

James King here in Arizona thinks the new "I didn't pay enough" law here is dumb.

Feel like voluntarily ponyin' up some of your hard-earned cash to help legislators dig themselves out of the budget crisis they created? Of course you don't, but that didn't stop legislators from taking time out of their day to pass a bill that asks taxpayers to do exactly that.

The "I-didn't-pay-enough fund" is the creation of numb Skull Valley Representative Judy Burges. It asks taxpayers to voluntarily donate money to the state government to help chip away at the state's $2.6 billion budget shortfall.

What he doesn't readlize is that it is aimed directly at the folks that are protesting in the example above.   Want to pay higher taxes, then send in a check!  But don't make the rest of us do so.

From Steve Chapman:

It's no surprise that Arizonans resent the recent influx of unauthorized foreigners, some of them criminals. But there is less here than meets the eye.

The state has an estimated 460,000 illegal immigrants. But contrary to myth, they have not brought an epidemic of murder and mayhem with them. Surprise of surprises, the state has gotten safer.

Over the last decade, the violent crime rate has dropped by 19 percent, while property crime is down by 20 percent. Crime has also declined in the rest of the country, but not as fast as in Arizona.

Babeu's claim about police killings came as news to me. When I called his office to get a list of victims, I learned there has been only one since the beginning of 2008"”deeply regrettable, but not exactly a trend.

Truth is, illegal immigrants are less likely to commit crimes than native Americans. Most come here to work, and in their desire to stay, they are generally afraid to do anything that might draw the attention of armed people wearing badges.

El Paso, Texas, is next door to the exceptionally violent Ciudad Juarez, Mexico, and easily accessible to illegal entry. Yet it is one of the safest cities in the United States.

I was navigating around the Kentucky property tax forms site (one of the really tedious tasks for our company this year is to fill out zillions of personal property tax forms listing virtually every pencil we own in any number of counties and states).

While we run campgrounds, we do not run long-term trailer parks, but this requirement caught my eye as fairly onerous.  Apparently trailer park owners must fill out this form and report on the detailed description, owner, and address of every trailer renting space on their land, so that the state can come after these folks easier for property taxes on their personal property.

For those who may shrug their shoulders, this is not materially different than the owner of an apartment complex reporting on all the large assets his tenants own, or walking through his parking lot taking down car descriptions and tag numbers so the DMV can make sure there are no violations by any of his tenants.

I don't like when the government forces me to be their busybody.

Why does supposed housing advocate Bertha Lewis celebrate a man's eviction so his land can be given to a wealthy private developer?

Bertha Lewis, a housing advocate who supported the project, bid Mr. Goldstein "good riddance."

"Low- and moderate-income people had to wait years for housing while he obstructed the Atlantic Yards project," she said.

Maybe because her organization cut a deal to provide the developer a patina of public service in exchange for big bucks for her organization.

Of course, Lewis is much more than just a "housing advocate who supported the project," she was the CEO of ACORN, a group that signed a contract with Bruce Ratner "to publicly support the [Atlantic Yards] Project by, among other things, appearing with the Developer before the Public Parties, community organizations and the media as part of a coordinated effort to realize and advance the Project." In return, Ratner pledged to include a certain amount of "affordable housing" in the project, units that ACORN stood to make a fortune from marketing and managing. As the New York Post reported, "Anita MonCrief, a former ACORN official-turned-whistleblower, estimates the anticipated deal could bring the group $5 million to $10 million annually over multiple years."

And the money didn't stop there. In 2008 Ratner bailed ACORN out to the tune of $1.5 million dollars after the news broke that Dale Rathke, brother of ACORN founder Wade Rathke, had embezzled nearly $1 million from the group back in 2000 and the national leadership had covered the crime up for eight years. The financial fallout from that scandal threatened to ruin ACORN until Ratner stepped in with a $1 million load and a $500,000 grant. This desperately-needed cash kept ACORN alive and allowed it to keep providing cover for Ratner's corporate welfare and eminent domain abuse.

Lewis's role reminds me a lot of money laundering.  Call it progressive laundering.  The Brooklyn Yards project is simply a total money grab by a powerful developer who got the state to seize land and hand it over to him for development.  To hide the naked cronyism here, the developer cleverly cut a deal with ACORN such that about 0.1% of the development was dedicated to low-income housing and ACORN was paid off to advocate for the project as a low-income housing project, when in fact it is 99% an upscale development to benefit a politically-connected developer.

More here.

Update: Wow, you have to check out this email from Bertha Lewis.  Just remember, when reading it, that she is talking about a man who just wanted to stay in his own home that he owned, and didn't want to be evicted just so the New Jersey Nets could have a new stadium in Brooklyn at taxpayer expense.

---------- Forwarded message ----------
From: Bertha Lewis <[EMAIL REDACTED>
Date: Wed, Apr 21, 2010 at 8:04 PM
Subject: Daniel Goldstein and the 7 year itch
To: [RECIPIENTS REDACTED]

Finally, the itch that was Daniel Goldstein has been scratched and scratched out.   After almost seven years of flawed strategies, smear campaigns, stupid tactics, disingenuous rhetoric and total disregard for people who have lived in the downtown Brooklyn community for years before he even thought about coming here; finally he got what he really wanted.  A Deal.  Not for the community he claimed to love so much, but for the only beneficiary of his community of one, himself, Double Dealing Danny Goldstein.  How utterly despicable for him to be in the newspaper  today whining that he did not have enough time to move, and had nowhere to go because he was being stiffed by the State and Forest City Ratner, when low and behold, all the time, he was negotiating, not for the community , but for himself.  Well good riddance and don't let the door hit ya'.  Low and moderate income people have had to wait years for housing while he obstructed the Atlantic Yards Project that could have been well over half done by now.  He never had to worry about housing so he did'nt care how long other people had to wait.  Behold, the Gentrifier.  He has slandered and denigrated not only me but my organization and my members relentlessly.  What benefit has he delivered to the community?  None except for his own pocket.   Well, the housing at Atlantic Yards will be built, and the day after he moves out, which I hope will be sooner rather than later, the building that he squatted in these past years should be razed to ground immediately, and salt poured into the soil, so that never again can the likes of one of the biggest shakedown artists in Brooklyn return.  We will still be here, we will still be fighting for the all the people that Danny spurned and used for his own enrichment.  We hope that now everyone in Brooklyn and New York can see him for what he really is and can see what his actions cost Brooklyn.  I hope whatever he settled for was worth the pain and misery he caused to so many people who just wanted a decent place to live in Brooklyn and who just wanted a decent job and a place for their family.  Now that the flim flam man is gone, they can finally see it on the horizon.

--

Bertha Lewis

I was suspicious of GM's announcement that they were paying off government loans quickly, an action that was attached to a clear PR message that can be boiled down to "taxpayers did the right thing giving us billions."  I was suspicious because I had thought most of the money GM got was an equity infusion as well as certain guarantees, such as of the UAW mention and retirement medical plans.  As such, I suspected that a small debt repayment was trivial and just a token PR move.

I was wrong.  Well, actually, everything I wrote above is correct.  But I was wrong in that I underestimated how fraudulent this announcement was.

The issue came up yesterday at a hearing with the special watchdog on the Wall Street Bailout, Neil Barofsky, who was asked several times about the GM repayment by Sen. Tom Carper (D-DE), who was looking for answers on how much money the feds might make from the controversial Wall Street Bailout.

"It's good news in that they're reducing their debt," Barofsky said of the accelerated GM payments, "but they're doing it by taking other available TARP money."

In other words, GM is taking money from the Wall Street Bailout "“ the TARP money "“ and using that to pay off their loans ahead of schedule.

"It sounds like it's kind of like taking money out of one pocket and putting in the other," said Carper, who got a nod of agreement from Barofsky.

"The way that payment is going to be made is by drawing down on an equity facility of other TARP money."

Translated "“ they are using bailout funds from the feds to pay off their loans.

Un-freaking-believable.   And as an aside, I know that we traditionally have a 5-year waiting period, but can we go ahead and add TARP now to the hall of fame of worst legislation?

Update: It turns out it is even worse.  More Here.

Nothing better illustrates the succesful rebranding of most of the principles of socialism into environmentalism than Earth Day, itself a rebranding of Lenin's birthday.

It is no accident that all the things we supposedly have to do to fight climate change are the exact same things socialists used to demand under the banner of Marxism.

After the failure of communism in Eastern Europe, promoters found their message -- to give up our freedoms for the collective -- didn't really have much power.  I guess they deserve some credit as marketers to have successfully gotten so many people who rejected the socialist message to buy into the plea that they need to give up all their freedoms for a 0.01% change in atmospheric CO2 concentration.

Apparently the makers of the movie Downfall have demanded takedowns of all those various Hitler-speech parodies on YouTube using clips from the movie  (I linked to one here, which still seems to be up).

If this is true, it is stupid.  I really enjoyed Downfall, and likely would never have rented it had I not been exposed to it via YouTube parodies.

Update: Some meta parody.  Pretty dang funny.

I am confused by the recent argument for more financial regulation.  The argument seems to go that because Goldman Sachs may have committed fraud, then we need more laws making more things illegal.  But Goldman Sachs is accused of breaking existing laws.  Isn't that just an argument to enforce the laws we already have?  In fact, the government so far is stopping short of its full power to go after Goldman over the Abacus securities -- its seems like they would have a criminal fraud case but at the moment they are settling for a civil action.  In a sense, the government is not using against Goldman all the power it already has.

Of course, a cynical person could argue that the government has no real desire to go after Goldman, who after all is pretty deeply in bed with this Administration, and is pulling its punches in a show trial that will end up with Goldman fined .01% of its quarterly profit but with the Administration looking tough to fuzzy-headed voters and with Congress having something it can wave around to distract people while it passes another 1400 page bill no one has read.

Radley Balko with this observation:

I don't promote government failure, I expect it. And my expectations are met fairly often. What I promote is the idea that more people share my expectations, so fewer people are harmed by government failure, and so we can stop this slide toward increasingly large portions of our lives being subject to the whims, interests, and prejudices of politicians.

I will concede that there's a problem, here. In the private sector failure leads to obsolescence (unless you happen to work for a portion of the private sector that politicians think should be preserved in spite of failure). When government fails, people like Dinauer and, well, the government claim it's a sign that we need more government. It's not that government did a poor job, or is a poor mechanism for addressing that particular problem, it's that there just wasn't enough government. Of course, the same people will point to what they call government success as, also, a good argument for more government.

It's a nifty trick. The right does it with national security. The fact that we haven't had a major terrorist attack since September 11, 2001 proves that the Bush administration's heavy-handed, high-security approach to fighting terrorism worked! But if we had suffered another attack, the same people would have been arguing that we need to surrender more of our civil liberties to the security state. Two sides. Same coin.

As Obama pushes the US into a corporate state model like those in Europe, here is one cost we will face: increases in long-term unemployment.  Already we see higher structural barriers being created to employment (preference for preferred unions, higher minimum wage, reduced internships) combined with increasing incentives to remain unemployed (extension of unemployment benefits, subsidized medical services).

Most countries who move to this model experience very high long-term structural unemployment.   The costs to add an employee in Europe are really, really high, meaning that it is only done reluctantly and the preference is for highly skilled workers  (who is going to give a job for life to an untested, unskilled young worker?)  Further, these states are run by a troika of large corporations, unions, and government insiders who protect each other from competition.  Young unskilled workers are a competitive threat to established unions.  Since these unions workers get above-market wages, they are protected from younger workers who are willing to offer their admittedly less skilled labor much cheaper.

I was playing around with data released from the World Bank, and compared the US to a number of other industrialized countries on this metric.  Even in past recessions, long-term unemployment has remained low in the US (click to enlarge).  The metric is percent of total unemployed that are unemployed for longer than 1 year.

I am endlessly fascinated by the architecture and infrastructure of Manhattan.  I am probably one of the few non-locals who owns this book, as well as others in the series.  I highly recommend the Scouting New York blog for those of you who love the hardware of Gotham more than its software.  This post is a good index to many of his best features.

I wish I had the book in front of me, but in one of the collections of Ayn Rand's essays (either the Virtue of Selfishness or Capitalism:  The Unknown Ideal) she quoted a bit of the 1968 Democratic Party platform, which called for all kinds of fake rights, the most hilarious being the right to vacation or leisure.

Well it turns out that absurd corruptions of the concept of individual liberty are never unthinkable, just ahead of their time:

Brussels has declared that tourism is a human right and pensioners, youths and those too poor to afford it should have their travel subsidised by the taxpayer"¦

"Travelling for tourism today is a right. The way we spend our holidays is a formidable indicator of our quality of life," [European Union commissioner for enterprise and industry Antonio Tajani], said"¦

Tajani's programme will be piloted until 2013 and then put into full operation"¦ it is expected the EU will subsidise about 30% of the cost.

Readers of the site know that I do not generally join in with the Conservative bashing of unions, except to the extent that they feed at the public trough (e.g. at GM) where I will bash them equally with all other similar hogs.  Unions are perfectly acceptable associations of individuals in a free society for a generally rational purpose.  What upsets this equation is when the government attempts to intervene to tilt the playing field either towards employers or unions in their negotiations -- but this is a government intervention issue, not a union issue per se.

Far more problematic is the growing influence of public employee unions.  Union advocates talk about the need to help private unions in a power imbalance with large corporations, but talk about a power imbalance!  In the public sector, we have hugely powerful unions with absolutely no one willing to take them on.  Government leaders who supposedly should be advocates of taxpayers and pushing back against union demands are typically in bed with unions.  One might say it is a similar case to unions owning the private company in which they work, but in that case there are market dynamics that mitigate against overly high pay or indifferent customer service.  No such balancing mechanisms exist in government monopoly institutions.

There have been a lot of articles on this topic of late that I have been keeping in my reader but have not linked, so to do a bit of tab-clearing, here are some good recent articles on public sector unions.

Carpe Diem shows the direct relationship between increasing public sector unionization and public sector debt.  Chris Edwards appears to be the original source.

Chris Edwards followed up to show an inverse relationship between state management quality and unionization.

Bruce McQuain discusses the $500 billion California unfunded pension liability.  And this does not include the unfunded liabilities of all the state's cities and towns and counties, which typically don't book any liability at all for their future pension and medical commitments.

Steven Malanga on how public sector unions broke California.

The camera focuses on an official of the Service Employees International Union (SEIU), California's largest public-employee union, sitting in a legislative chamber and speaking into a microphone. "We helped to get you into office, and we got a good memory," she says matter-of-factly to the elected officials outside the shot. "Come November, if you don't back our program, we'll get you out of office.'

Traditionally, public sector unions have exercised a lot of power in elections, as evidenced by this example of the success of unions in fielding winning candidates in California school board elections.   Bruce McQuain reports that the SEIU has even formed its own 3rd party in North Carolina.  Its amazing that candidates whose main platform is to shift more taxpayer resources to the pockets of government workers has success.

Finally, according to the GAO, union contracts have a lot to do with why the USPS is failing  (as labor accounts for 80% of USPS costs).  They seem to have all the labor problems GM had, except there is even less pressure to correct the problems, since after all we can't get our mail delivered by Honda or Toyota.  Here is an example:

• USPS workers participate in the federal workers' compensation program, which generally provides larger benefits than the private sector. And instead of retiring when eligible, USPS workers can stay on the "more generous" workers' compensation rolls.

• Collective bargaining agreements limit the amount of part-time and contract workers the USPS can use to fit its workload needs, and they limit managers from assigning work to employees outside of their crafts. The latter explains why you get stuck waiting in line at the post office while other postal employees seemingly oblivious to customers' needs go about doing less important tasks.

• Most postal employees are protected by "no-layoff" provisions, and the USPS must let go lower-cost part-time and temporary employees before it can lay off a full-time worker not covered by a no-layoff provision.

• The USPS covers a higher proportion of employee premiums for health care and life insurance than most other federal agencies, which is impressive because it's hard to be more generous than federal agencies.

• If the collective bargaining process reaches binding arbitration, there is no statutory requirement for the USPS's financial condition to be considered. This is like making the decision whether or not to go fishing, but not taking into consideration the fact that the boat has holes in its bottom.

Bill Clinton joined a number other leftish writers of late trying to marginalize those who criticize the government (and in particular, I think, the Tea Party folks).   I am really not going to comment much on this attempt, except to say that we endured something identical during the Iraq war, with the BS about not criticizing the President during wartime.

Here is the key bait and switch in Clinton's argument:

But we should remember that there is a big difference between criticizing a policy or a politician and demonizing the government that guarantees our freedoms and the public servants who enforce our laws.

The government that guarantees our freedoms?  I suppose this sounds sort of good if one just lets it roll by, but in the context of our country's formation, this is absurd.  The only threat to freedom that the founders of this nation were concerned about was the government itself.

The government is the only entity with the power to use force and the power to grab money without permission.  As such, the founders recognized it as the single most potent threat to freedom that could possibly exist.  All their efforts were aimed at constructing limitations and protections from the power of government itself.

It would be far more correct to say "the Constitution that guarantees our freedoms" by limiting the power of government, but in fact that is exactly what the left is trying to overturn, with a hundred years of efforts to slowly whittle the Constitutional limitations on the power of government down to zero.

Update: Wow, this is an amazing excerpt from a 1995 memo from Dick Morris to Clinton just after the Oklahoma City bombing.  Seems like he is still following the same playbook:

Later, under the heading "How to use extremism as issue against Republicans," Morris told Clinton that "direct accusations" of extremism wouldn't work because the Republicans were not, in fact, extremists. Rather, Morris recommended what he called the "ricochet theory." Clinton would "stimulate national concern over extremism and terror," and then, "when issue is at top of national agenda, suspicion naturally gravitates to Republicans." As that happened, Morris recommended, Clinton would use his executive authority to impose "intrusive" measures against so-called extremist groups. Clinton would explain that such intrusive measures were necessary to prevent future violence, knowing that his actions would, Morris wrote, "provoke outrage by extremist groups who will write their local Republican congressmen." Then, if members of Congress complained, that would "link right-wing of the party to extremist groups." The net effect, Morris concluded, would be "self-inflicted linkage between [GOP] and extremists."

I have total sympathy with those who distrust corporations.  Distrust and skepticism are fine things, and are critical foundations to individual responsibility.   History proves that market mechanisms tend to weed out bad behaviors, but sometimes these corrections can take time, and in the mean time its good to watch out for oneself.

However, I can't understand how these same people who distrust the power of large corporations tend to throw all their trust and faith into government.  The government tends to have more power (it has police and jails after all, not to mention sovereign immunity), is way larger, and the control mechanisms and incentives that supposedly might check bad behavior in governments seldom work.

Here is a great example of behavior that is inconcieveable in the private sector, or, if found at a private company, would quickly result in its extinction.

The system that Lower Merion school officials used to track lost and stolen laptops wound up secretly capturing thousands of images, including photographs of students in their homes, Web sites they visited, and excerpts of their online chats, says a new motion filed in a suit against the district.

More than once, the motion asserts, the camera on Robbins' school-issued laptop took photos of Robbins as he slept in his bed. Each time, it fired the images off to network servers at the school district.

Back at district offices, the Robbins motion says, employees with access to the images marveled at the tracking software. It was like a window into "a little LMSD soap opera," a staffer is quoted as saying in an e-mail to Carol Cafiero, the administrator running the program.

"I know, I love it," she is quoted as having replied.

Anyone want to be how many of the guilty in this case will be around in 5 years.  The over / under from Vegas is "all."

Of course this was going to happen.

An audit of solar-power generation from November 2009 to January 2010 found that some panel operators were paid for doing the "impossible" -- producing electricity from sunlight during the night, El Mundo reported today, citing a letter from Secretary of State for Energy Pedro Marin....

Preliminary evidence shows some solar stations may have run diesel-burning generators and sold the output as solar power, which earns several times more than electricity from fossil fuels, El Mundo said, citing unidentified people from the energy industry. The power grid received 4,500 megawatt-hours of power from midnight to 7 a.m. in the months audited, El Mundo said.

Electric current is electric current.  However, in a country like Germany, the price that utilities are required to pay for electric current varies based on its source.  While electricity from, say, a diesel generator gets 4-5 Euro cents per KwH, ground-based solar gets about 48 Euro cents per KwH.  This is a 10x greater price paid solely for absolutely identical power manufactured in a different way.  So of course there is going to be fraud as to the current's source.

This is a pretty useful primer. The "keep quiet" and "refuse searches" portions are good advice.  Most of us hesitate to follow this advice as we think, "well, I am innocent and have nothing to hide and being silent and refusing searches just makes me look guilty."  The fact of the matter is that there are times -- either due to poor incentives (see "the Wire"), misunderstandings, or bad officers -- where the state is looking to make a case on anyone where they think it could fit.  Don't give them any extra information that might help them make it fit on you.

Update: And for those with a deep and abiding trust of police, see here.  Or this.  How Maryland police make a routine traffic stop:

After famously throwing out 200 years of bankruptcy law to hose secured creditors in favor of uni0ns at GM and Chrysler, the Obama Administration is again bailing out the unions that helped get him elected

Barely 15 percent of all construction-industry workers in the United States are union members, while the remaining 85 percent are nonunion, according to the U.S. Department of Labor's Bureau of Labor Statistics. So why has President Obama signed Executive Order 13502 directing federal agencies taking bids for government construction projects to accept only those from contractors who agree in advance to a project labor agreement that requires a union work force? Obama's new order applies to all federal construction projects with price tags of $25 million or more, and it means all such contracts will only be awarded to companies with unionized work forces.

The costs of this to the public are pretty obvious, not only in terms of fairness but in increased costs and reduced competition.

Another factor helps explain Obama's willingness to sign an executive order that will put millions more tax dollars in union coffers. Mix points out that unions under PLAs typically exact agreements that include requiring contractors to make payments to union pension funds. This is an increasingly urgent issue, as the Washington Examiner's Mark Hemingway has recently detailed in these pages. According to Labor Department filings, the average union pension has only enough money on hand to cover 62 percent of the benefits it has promised to union members. Pension plans with 80 percent funding are considered "endangered" by federal auditors, while those with less than 65 percent funding are put on the "critical" list. With this latest executive order, it's clear that Obama intends to give unions on the critical list a massive dose of federal tax dollars to cure what ails them.

I'll keep saying it - this is right from the playbook of the European-style corporate state.

... because I won't have to face the full consequences of this:

The 2009 federal balance sheet indicates that the government's net position (total assets less total liabilities) is a negative $11.5 trillion, 12.3 percent worse than the previous year. But that's just the tip of the iceberg. That negative balance excludes government obligations for social insurance programs, mainly Social Security and Medicare.

Whether social insurance should be booked as a liability has long been a controversial issue among government accountants....

Unable to reach agreement as to whether social insurance should be included as a balance sheet liability, the members of the FASAB compromised, and thus, immediately following the balance sheet is a "Statement of Social Insurance." In the 2009 annual report this indicates that the total present value of estimated social insurance expenditures over revenues is $45.9 trillion.

Hence, simple addition indicates that the total net position of the government is a whopping negative $57.4 trillion.

As a small business, there is just about no way to get a bank loan based on cash flow -- not just on future projections of cash flow, but even just based on a history of strong cash flows in the company.  This is not particularly new post-financial-crash... I wrote about this issue years ago.

In contrast, it is fairly easy to get equipment financing.  I get 10 calls a week from folks trying to finance my equipment purchases.  If they can slap a lien against a moveable asset, people will lend money.  The only change I have noticed of late is that fewer of these folks will do titled assets (like road vehicles).  This is kind of ironic, since they can perfect their lien on titled assets more strongly, but apparently the government paperwork hassles with titles makes lending expensive for these assets.

The one exception to this is for boats.  We would like to buy a bunch of new pontoon boats for rental service at some of our lakeside marinas.  Pontoon boats are great assets - they have fast payback, they are tanks so they last forever, and they don't go very fast so they don't usually get in accidents.  But no one will touch boat lending.  Apparently there is too much liability for lenders.  Which is just crazy, when you think about it.  How in the world have we created a tort structure where Bank X is somehow liable for the actions of a boat user that gets hurt, just because Bank X lent the money for our company to buy the boat and then rent the boat to the user?\

Anyway, if anyone knows someone who finances such commercial boat purchases, drop me an email.

Libertarians vote for Republicans when they get tired of Democrat's authoritarian meddling in economics.  Libertarians vote for Democrats when they get tired of Republican's tough-on-crime/terrorism/sex/drugs civil rights violations.  But what to do when Republicans like Bush expand government like Democrats, and Democrats like Obama show little respect for individual liberties:

Google and an alliance of privacy groups have come to Yahoo's aid by helping the Web portal fend off a broad request from the U.S. Department of Justice for e-mail messages, CNET has learned.

In a brief filed Tuesday afternoon, the coalition says a search warrant signed by a judge is necessary before the FBI or other police agencies can read the contents of Yahoo Mail messages--a position that puts those companies directly at odds with the Obama administration.

Yahoo has been quietly fighting prosecutors' requests in front of a federal judge in Colorado, with many documents filed under seal. Tuesday's brief from Google and the other groups aims to buttress Yahoo's position by saying users who store their e-mail in the cloud enjoy a reasonable expectation of privacy that is protected by the U.S. Constitution.

The government theory in the case seems pretty bizarre to me.  I guess the folks who have been trying to convince me to use PGP aren't so paranoid after all.

But all that aside, it strikes me there is a need for legislative action here to cement electronic privacy.  A couple of weeks ago, Julian Sanchez had a good article describing the crazy state of electronic privacy law -- its worth a read because it is hard to excerpt, the rules being so Byzantine.  But here is one snippet:

Suppose the police want to read your e-mail. To come into your home and look through your computer, of course, they'd need a full Fourth Amendment search warrant based on probable cause. If they want to intercept the e-mail in transit, they have to go still further and meet the "super-warrant" standards of the Wiretap Act. Once it lands on your Internet Service Provider's server, a regular search warrant is once again the standard"”assuming your ISP is providing access "to the public." If it's a more closed network like your work account, your employer is permitted to voluntarily hand it over. But if you read the e-mail, or leave it on the server for more than 180 days, then suddenly your ISP has become a "remote computing service" provider rather than an "electronic communications service provider" vis a vis that e-mail. So instead of a probable cause warrant, police can get a 2703(d) order based on "specific and articulable facts" showing the information is "relevant and material" to an investigation"”a much lower standard"”provided they notify you. Except they can ask a judge to delay notification if they think that would impede the investigation. Oh, unless your ISP is in the Ninth Circuit, where opened e-mails still get the higher level of protection until they've "expired in the normal course," whatever that means.

Unfortunately, this aggressive approach to the Fourth Amendment seems to be well embedded in the Obama administration:

Yesterday a federal judge in San Francisco ruled that the Al Haramain Islamic Foundation can recover damages under the Foreign Intelligence Surveillance Act (FISA) for illegal eavesdropping on telephone conversations between its officials and its American lawyers. U.S. District Judge Vaughan Walker rejected the Obama administration's argument that the state secrets privilege barred the foundation's lawsuit. Although Barack Obama ran on a promise to use the privilege less promiscuously than his predecessor, his Justice Department, like Bush's, claimed that even acknowledging the warrantless wiretapping of Al Haramain would endanger national security.

Al Haramain learned about the surveillance after the government accidentally gave its lawyers a classified document discussing it, but the foundation was not allowed to cite that document in making its case. Instead it relied on public statements by various federal officials that Walker concluded were sufficient to show the surveillance had occurred. Since there was never any serious question that warrantless surveillance of communications involving people in the United States violated FISA, the government lost its case once Walker refused to let it hide behind the state secrets privilege. "Under defendants' theory," he noted, "executive branch officials may treat FISA as optional and freely employ the SSP to evade FISA, a statute enacted specifically to rein in and create a judicial check for executive-branch abuses of surveillance authority....Because FISA displaces the SSP in cases within its purview, the existence of a FISA warrant is a fact that cannot be concealed through the device of the SSP."

This story was interesting, in a creepy Orwellian sort of way, in that it has turned out to be really, really hard to bring suit against this administration for this crime because people have a hard time demonstrating in court that they have standing to sue.  In effect, one has to show that he has been wiretapped to then sue that the surveillance was illegal, but the information to prove that one has been wiretapped is classified and therefore unavailable.  Only an accidental leak allowed this case to proceed.

I think a majority of small business owners and entrepreneurs are skeptical about government and taxes for a variety of reasons.  Large companies tend to shelter their workers from the vagaries of changing and hostile government regulation, but there is no such shield for people who own their own business.  At tax time this year, I had two thoughts about small business owners and taxes:

1.  We see the cost of taxes directly.  This year my taxes were X higher than I expected, where X is a pretty large five figure number (pretty large for me, at least).  To pay off X, I took the money directly out of an order we were placing for capital investment and new equipment, reducing the order by X.  At our company this year, there was a one-to-one scavenging of capital investment by taxes.

2.  Unlike most workers, entrepreneurs actually write checks for their tax bill rather than have it deducted stealthily from their paycheck.  I have always thought that this was the true purpose of withholding -- not compliance, but to try to hide people's tax bill from them.  If everyone wrote a check  (or four quarterly checks) each year for their tax bill (as I do), there would almost certainly have been a tax revolt years ago.