Coyote Blog

As is usual when I make an immigration post (wherein I am supportive of open immigration and suspicious of gung-ho enforcement efforts) I got mail saying that the real concern here is the rule of law.   People inevitably want to inform me that this immigration is ILLEGAL (usually in caps) and that these immigrants are BREAKING THE LAW and that the law cannot be enforced unevenly.

First, I am happy to listen to this argument from any commenter who has never broken the speed limit or done a rolling stop at a stop sign.

Second, I would like to offer the rule of law folks, especially those on the right side of the aisle, a thought problem:  Soon, it will be illegal to not purchase a health insurance policy that meets specifications set by Congress.  It is anticipated, however, given relatively low fines, that many people will break this law and not obtain health insurance.   This failure will be ILLEGAL.  These people will be criminals.  Do those of you who seek higher penalties, more robust enforcement, police sweeps, and reduced standards of probable cause for people committing the crime of illegal immigration also plan to seek the same higher penalties for lawbreakers who do not buy an insurance policy?   After all, as you have said, this is not about the law itself but respect for the rule of law.

By your immigration logic, we should be ruthless about lawbreakers who do not have the right insurance policy.  We should encourage the Minutemen to patrol for people without health insurance -- after all, they have said that their concern is with people breaking the law, not immigration or Mexicans per se.  There should be sweeps where people can be arrested for suspicion of not having health insurance, just as they can be arrested under our new AZ law for suspicion that they do not have a green card.

If there is a difference, please explain it to me.  I understand that you may be opposed to open immigration or high immigration rates or immigration by poor uneducated people or whatever.  If so, fine, we disagree -- but stop saying that this is all about the rule of law, or telling me we can't pick and choose what laws we violate.  Because we do the latter all the time.  Our willingness to challenge the state is a large part of American exceptionalism.

PS- Just to avoid misunderstandings from trolls who do not usually read this site, of course I do not advocate the above for health insurance violations.  Just as I don't for Mexicans seeking a better life in this country without obtaining a license to do so from the government.

Disclosure: I have several good friends who are illegal immigrants.  They are wonderful, hard-working people who have been in this country for years.  If we were to conduct tests of people's acceptability to be present in this country, they would pass with scores far ahead of many US citizens.

Update:  I find the argument that open immigration and an overly-generous welfare state can't coexist to be moderately compelling, though I don't see why we could tie citizenship narrowly to receiving these benefits.  I have problems saying that a government license in the form of a green card is required for mere presence in the country.  I have no problem imposing this licensing requirement for receipt of unearned goodies.

In the past, local governments and the legislature have blithely hit up taxpayers to pay for new sports stadiums for local teams.  You may think you have it bad in your city with 4 major sports teams, but we have 4 major sports teams PLUS about seven or eight baseball spring training stadiums.

It seems like the legislature and local government finally got tired of putting all taxpayers on the hook for these stadiums, and had the radical idea that maybe actual, you know, fans who want to use the stadiums should pay for them.  This turned out to be too expensive for ticket prices at the proposed new Cubs spring training facility -- fans aren't used to paying for the full price of their sporting event in their ticket price -- they are used to getting subsidized by non-sports fans.  As a compromise, the legislature proposed a tax on tickets for all spring training games at all stadiums to pay for this one new field.  This seems stupid to me, but it elicited this hilarious response from the baseball commissioner:

Selig told reporters at HoHoKam Park that it was a "dangerous precedent" to tax all ticket buyers primarily to benefit one team and that Major League Baseball has taken over negotiations for a new Cubs spring home.

Right, but it is A-OK if all taxpayers, including those who will never see a baseball game, are taxed to pay for the new stadium.

Update:  Yes, I am aware that it is ILLEGAL as many people have informed me in all caps.  Here is my response, and a thought problem for those posing that issue to me.

Apparently, our Arizona legislature is about to past a tough new anti-immigrant bill, to make sure that no one can work for us or be on our property without the government's permission.  Why is it that Conservatives who are nominally supportive of private property and private contracts disavow these rights when Mexicans are involved?

First, to the issue of property:

A bill empowering police to arrest illegal immigrants and charge them with trespassing for simply being in the state of Arizona, is likely just weeks away from becoming the toughest law of its kind anywhere in the country....

"When you come to America you must have a permission slip, period," said state Sen. Russell Pearce, the Mesa Republican who sponsored the bill. "You can't break into my country, just like you can't break into my house."

So aren't they essentially using a socialist view of property here?   This means that a person can be found to be trespassing on my property, even if he has my permission, if he doesn't have permission of certain members of the government.   It means that the government has more say over who can and can't be present on property than does the private owner.  This is horrendous precedent that Conservatives will someday come to lament.

As for contracts:

The measure allows police to detain people on the suspicion that they are illegal immigrants, outlaws citizens from employing day laborers, and makes it illegal for anyone to transport an illegal immigrant, even a family member, anywhere in the state.

Oops, so much for my ability to hire and fire at will.  And doesn't it make one all warm and fuzzy to think that having brown skin is officially going to be sufficient probable cause for Sheriff Joe to haul your ass into custody?  Because I am not exaggerating, Arpaio will haul in thousands on mere suspicion of being an illegal immigrant.  He already hauls in hundreds without this law.  What's next, checkpoints with state troopers telling us that "ve vant to see your papers" like we were living in occupied France?  Because the bill essentially requires that people present in Arizona be able to prove they are a citizen at all times.  Do I need to carry my passport when I am jogging?

I know a few paranoiacs here have managed to convince even relatively smart people outside this state that we are somehow in the midst of an invasion.  I live here, and no such thing is true.  We have a large Hispanic population that makes the state more interesting, and the limited number of problems immigrants cause for infrastructure here are no worse than the issues any major city faces.  I operate business all over the state, including right down at the border, and there is simply nothing awful going on here to justify this kind of paranoia.

Postscript:  Just to be clear, I believe I have the right to hire anyone I please, and to lease an apartment to anyone I please.  I don't think that people who happen to be born in another country should have to get a license from the state to be able to contract with me in these ways.  Both Democrats and Republicans are awful about this -- they rail against some modest state intrusion in their lives and then support an even bigger one.

The blaming of private companies for government procurement errors is one I deal with frequently at my privatization blog.  This seems to be a particularly egregious example:

Maricopa County officials can't sue the Sheriff's Office for buying a $465,000 bus without their approval, so now they want to sue the bus company.

Precisely why Motor Coach Industries would be sued over the internal squabble remains unclear.

The county has maintained in this months-long bus battle that Sheriff Arpaio's office bought the vehicle with Jail Enhancement funds, when it should have used a typical county procurement process.

From the bus company's point of view, though, the Sheriff's Office was a customer with cash. For the county to demand a full refund, without so much as a deduction for the depreciation, seems like a raw deal for MCI.

Cari Gerchick, spokeswoman for the county, says text of the lawsuit won't be released until after the Board of Supervisors votes on it at Monday's meeting. She could not provide the legal justification for the expected lawsuit, beyond saying that MCI "should have known" the MCSO had not followed the county's procurement process.

Get that?  The company should have known that our County's chief law enforcement officer was not following the law.  This is obviously an absurd contention, but further the company had two geographic disadvantages:  1.  Not being from AZ, they don't know just how unethical our sheriff really is; and 2.  Being from Chicago, even if they had recognized unethical behavior, they would have assumed it was perfectly legal

The CBO, which Democrats frequently tell us to pay close attention to only when it is giving them the answers they want, is not particularly sanguine about the US budget deficit:

President Obama's fiscal 2011 budget will generate nearly $10 trillion in cumulative budget deficits over the next 10 years, $1.2 trillion more than the administration projected, and raise the federal debt to 90 percent of the nation's economic output by 2020, the Congressional Budget Office reported Thursday.

In its 2011 budget, which the White House Office of Management and Budget (OMB) released Feb. 1, the administration projected a 10-year deficit total of $8.53 trillion. After looking it over, CBO said in its final analysis, released Thursday, that the president's budget would generate a combined $9.75 trillion in deficits over the next decade.

Bruce McQuain, as always, has some good analysis.

States, apparently, are not in much better shape:

Pension plans for state government employees today report they are underfunded by $450 billion, according to a recent report from the Pew Charitable Trusts. But this vastly underestimates the true shortfall, because public pension accounting wrongly assumes that plans can earn high investment returns without risk. My research indicates that overall underfunding tops $3 trillion.

The problem is fundamental: According to accounting rules adopted by the states, a public sector pension plan may call itself "fully funded" even if there is a better-than-even chance it will be unable to meet its obligations. When that happens, the taxpayer is on the hook. Yet public pension plans ignore market risk even as they shift into risky foreign investments, hedge funds and private equity....

In a recent AEI working paper I've shown that the typical state employee public pension plan has only a 16% chance of solvency. More public pensions have a zero probability of solvency than have a probability in excess of 50%. When public pension assets fall short, taxpayers are legally obligated to make up the difference. The market value of this contingent liability exceeds $3 trillion.

Productive people in this country are about to get plastered with huge new taxes.  Hang on.

Via the Sunlight Foundation:

A day after Rep. Bart Stupak, D-Mich., and ten other House members compromised on their pro-life position to deliver the necessary yes-votes to pass health care reform, the "Stupak 11" released their fiscal year 2011 earmark requests, which total more than $4.7 billion--an average of $429 million worth of earmark requests for each lawmaker.

The eleven members were the focus of high level pressure by House Speaker Nancy Pelosi and other top Democrats because they threatened to vote against the health care reform bill, which passed the House on Sunday, March 21, by a seven vote margin. Granting earmark requests are one of the ways leadership can encourage members to vote their way.

When it was announced the other day that three little-used airports in Stupak's district were given about 3/4 of a million dollars on the day before the health care vote, Stupak made it clear that he would never sell his vote for so little.  "It is absurd to think I would change my vote for a tow truck and a fence to keep deer from walking onto the runway of an airport in my district," Stupak said in a statement.  So it should not be surprising that he is asking for more.

Update:  The Sunlight Foundation has partially backed off on this story

For years I have said that daylight savings time likely made no sense as an energy saving program.  It was first used back in World War I, when electricity demand was primarily driven by illumination.  At that time, shifting the clock around to better match working hours with sunny hours (ie times with natural light) probably did save electricity.  But today, electricity demands are driven much more heating and cooling.  The same logic no longer holds.  In Arizona, the earlier the sun goes down, the less electricity we have to use when we are home in the evenings to keep the house cool.

It seems that research has confirmed my gut feel:

The result of the study showed that electricity use went up in the counties adopting daylight saving time in 2006, costing $8.6 million more in household electricity bills. The conclusion reached by Kotchen and Grant was that while the lighting costs were reduced in the afternoons by daylight saving, the greater heating costs in the mornings, and more use of air-conditioners on hot afternoons more than offset these savings. Kotchen said the results were more "clear and unambiguous" than results in any other paper he had presented.

Of course, daylight savings time will never go away, because modern environmentalism has become more a matter of making empty feel-good gestures than performing rational acts that actually improve something.

Over the last several years, we have been replacing many of the full-sized pickups we use in our campground business with mini-trucks from Japan.  They are cheaper to insure, cheaper to buy, easy to repair, and get about 60 miles to the gallon.  We typically buy them used in container-loads of six or seven, and we used to get them for less than $10,000 a container -- now they cost almost this much individually.

This year the prices have sky-rocketed, and they have been hard to find.  I finally discovered the reason.  It seems the EPA has halted their importation.  These are trucks that are from an emissions regime (in Japan) harsher than ours and that have three times the gas mileage of the trucks they are replacing.  But apparently the EPA doesn't have rules for them and doesn't know how to categorize them, and anything a bureaucrat doesn't have rules for must be illegal, right?  So now we are forced to go back to full-size pickup truck purchases until the EPA can catch up with the market.

Update: Apparently the EPA is going to review these trucks model by model.  This is so stupid.  They need some kind of class waiver.

The absolute dysfunctionality of our county government here in Phoenix is just beyond belief.   While not really breaking any new ground, this article in the ABA journal has a pretty good history of Arpaio and Thomas hyjinx.

Via Katherine Mangu-Ward, word count by Pew Research when Americans are asked about Congress

This would make a great piece of modern art to put on the walls of the Rotunda.

From Ed Morrissey:

Chicago Breaking News reported late last night that former Chicago schools chief and current Secretary of Education Arne Duncan manipulated a system to favor powerful political allies by placing their children in the schools of their choice.  The discovery of a  list, the existence of which had been long denied by the city, and its composition of mainly high-powered political figures calls into question the appeals system used to reconsider applications that had been denied by the top Chicago-area schools:

This is going to be even more fun when this game is applied to jumping the hospital waiting list.

Looking at the chart below, attempt to convince yourself that the cash-for-clunkers program had any real effect on economic activity.

And consider what was NOT purchased by the previous holders of the billions of dollars the government took from them to give to car buyers.

For the first time in five years, I am apparently mathematically eliminated after the first weekend, with my best possible finish in 7th.    Congratulations to our current leaders, who navigated through an incredible series of upsets far better than I did:

Perhaps even more incredibly, Todd Ramsey is shown to have a 71+% chance of winning it all, which are pretty unprecedented odds in our pool this early in the tournament.

A while back, Megan McArdle had what I thought was good advice - using betting as a way to hedge emotional risks.  For example, I was going to be really disappointed if the health care bill passed, so I bet that its passage would occur.  I am still unhappy, but I have some extra cash.

I have been buying on the dips for a while now.  I predicted way back last July that it was going to pass no matter what

It is totally clear to me that Obama and Pelosi will spend any amount of money to pass their key legislative initiatives.  In the case of Waxman-Markey, the marginal price per vote turned out to be about $3.5 billion.  But they didn't even blink at paying this.  That is why I fear that some horrible form of health care "reform" may actually pass.  If it does, the marginal cost per vote may be higher, but I don't think our leaders care.

via shorpy

My health insurance policy, which is an actual "insurance" policy that insures me against catastrophic medical costs but leaves me with responsibility for day to day expenses, just became illegal.   Over the last couple of years, I have documented my learning curve as, for the first time, I actually had an incentive to shop around for medical care, or to push back on doctors when I thought they are calling for too many tests and procedures.  I have learned a lot about saving money, but all of this education is now for naught, as I will now be required to buy a pre-paid medical policy that leaves very little of the decision-making to my family and provides zero incentives for me to be cost conscious.  Apparently, the operators of the US Postal Service and US military procurement felt they were better qualified to manage these cost/value trade-offs than I am.

Here, by the way, is my favorite quote from today, from Nancy Pelosi (who else):

House Speaker Nancy Pelosi praised the health care legislation for its ability to "unleash tremendous entrepreneurial power into our economy."

Only if one considers rent-seeking to be entrepreneurship.  There will certainly be a mad rush of special interests to Congress to get their pet procedure or drug included in national must-cover rules.  I discussed this rent-seeking process, which used to have to proceed inefficiently state by state but now can be achieved single-source, here.   Naturopath coverage, anyone? (already required under coverage rules in 4 states).   Already a lot of so-called medical research is really just thinly disguised pleas to have a certain procedure in must-cover rules.  For example, I wrote about one study:

In other words, the study surveyed a bunch of cosmetic surgeons.  They were asked "should an expensive procedure you provide be covered by insurance."  They all answered "Hell YES!"  Anyone want to bet whether the funding for the study came from the company that makes the laser equipment?

No, today's post is not on health care, but CO2 abatement.  Marlo Lewis looks at a new Harvard study, and concludes what I have been saying for years -- gas prices are going to have to be forced to $10 or more in this country before we even start making a dent in the Administrations or UN's CO2 abatement targets.   I obviously don't think it is justified based on my views on the climate sensitivity to CO2, but even if it were, let's not pretend it is somehow free.

Sorry to steal the phrase from Marginal Revolution, but it seems appropriate for this story -- Surgery as an excuse to be laid up in bed watching TV

Come to find out that untold numbers of American males at this very moment are propped up in front of their television sets at home, bags of ice strategically placed in their respective crotches.

Cleveland urologist Dr. Stephen Jones has noted a 50 percent increase in recent years in vasectomies performed a day or two [before] the start of the NCAA men's tournament.

That's a lot of slicing and dicing.

You can imagine the dialogue, first between the dude and his woman:

"Honey, doc says I gotta take it easy for a couple of days. I'll be back to normal after the weekend."

Or this one with the boss:

"Sorry, I'll be out Thursday and Friday. Surgical procedure. Nothing big. No, I'll be laid up and it probably will be better if I start up fresh on Monday, OK?

Not sure I have the cojones to try that.

After much back and forth, filibustering, meaningless diversions,  and head fakes, Obama finally admits that the same dollar can't be spent twice.

From the new bill signed by Obama today:

Under the new law, businesses that hire anyone unemployed for at least 60 days would be exempt from paying the 6.2 percent Social Security payroll tax through December. Employers also would get an additional $1,000 credit if new workers remain on the job a full year.

This is absurdly game-able.  How do I know?  Because as I read this here (I have not read the legislation) this is a ridiculous windfall for our company.  As a seasonal business, my current payroll is about 40 people.  Over the next two months, I will hire nearly 400 workers for the summer, most of whom have not been working over the winter as they are retired and just work a few months of the year.  Am I really not going to have to pay Social Security taxes on all these people?

And how is anyone going to administer this?  Are my payroll company and I going to have to figure out the employment status of all of our hires for the last 60 days to figure out what taxes to collect?  Does anyone in Congress even think about this stuff when they pass this garbage?

Update: ADP has more

Update #2: Here is my prediction, if they forgot about seasonal hiring  (again, I have not read the letter of the law yet).  This will be like the cash for clunkers program - in a month or two they will announce that they have used up the money they had allocated for the whole year.

So Obama just signed a new "jobs" package

It's the first of several such measures Democrats have promised this election year to address the public's top worry: jobs. The measure includes about $18 billion in tax breaks and pumps $20 billion into highway and transit programs.

This is fascinating to me.  Let's take it in reverse order, starting with the $20 billion in new spending.  We are going to take 0.14% of the GDP out of some people's hands, who presumably thought they were employing the money productively, and put it into some other people's hands, and that is going to be a net jobs creator? **  Does this Keynesian myth really make sense to thoughtful people any more?

OK, but lets accept the logic - somehow if the government spends the money, it is more stimulative than if private people spend the money.  But then the whole package is contradictory, because it includes $18 billion in tax breaks.   Isn't that just taking money away from that great optimizer, the US Government, and handing it back to yucky old individuals who might just save it or pay down debt or something equally silly in the Keynesian world?

**Postscript- to answer a frequent comment I get, it does not matter if it is borrowed or taxed.  Either way it takes money from some private purpose.  There is only so much capital in the capital markets, and more government borrowing squeezes out private borrowing.

Here is as good a reason as any why many businesses (like mine) are currently reluctant to invest:

I've noted any number of times that government taxes comprise 14% of the national income and government spending is at 25% of the national income.

OK, so politicians have two alternatives -- they can make tough choices to reduce spending and reduce their own power, or they can just take more money from taxpayers and in so doing increase their personal power.  Gee, I wonder which will occur?

Combine this is a health care bill no one understands but everyone suspects will raise the price of labor and a climate bill that won't quite die that will raise the price of energy and therefore most other inputs, and is it any wonder that businesses are reluctant to invest when their three highest costs (taxes, labor, energy) are going up by some undetermined amount?

This post at Houston Clear Thinkers is just a devastating analysis of Houston light rail.  In it, we see the age-old story -- rail is enormously expensive, and starves the rest of the system for money, ultimately leading to fewer people riding at much higher costs.  He quotes from Bill King:

Decline in Ridership. Since 2004, Houston population has grown by over 10% from just over 2 million to 2.25 million. At the same time gas prices rose 47% from $1.81 per gallon to $2.67 per gallon. These two factors should have virtually guaranteed an increase in transit. However, exactly the opposite has occurred as bus boardings dropped almost 24% from 88 million in 2004 to 67 million in 2009. Instead of increasing bus service by 50% as it promised the voters in the 2003 referendum, Metro has slashed bus routes and increased fares by over 50%. Today Metro actually operates 225 fewer buses than it did in 2003. An outside performance audit in 2008 found that on-time performance fell by 29% from 2004 to 2008.

Financial Disaster. Since 2003, Metro's sales tax revenues have increased by 43%, rising from $357 million to $512 million. At the same time, its fare revenue increased by 41% from $42 million to $60 million by charging an ever dwindling ridership more. Yet, Metro is in the worst financial shape in recent history. At year end 2003 Metro's current assets exceeded its current liabilities by $125 million. The budget just adopted by the Metro board projects that it will have current accounts deficit of $165 million by the end of this fiscal year, a stunning loss of nearly $300 million in just five years. Over the same period, Metro's debt has swelled by nearly 50% from $546 million to $816 million. [.  .  .]

In the meantime, the cost of the [Metro's Light Rail Transit lines] has risen from the $1.2 billion originally estimated to something well in excess of $3 billion. Metro is seeking to borrow $2.6 billion to build the LRT, over four times what it promised the voters would be the limit in the 2003 referendum. Originally, Metro assured voters that it could build the LRT without tapping the mobility payments that are so critical to the Houston and the other member cities. Metro's projections now show that it can only afford the LRT if those payments are terminated in 2014. [.  .  .]

This is pretty scary.  From the Massachusetts state treasurer, the state health care system (essentially the model for the current version of Obamacare) is going bankrupt, and only huge cash infusions from the Federal government are hiding the full disaster.

"If President Obama and the Democrats repeat the mistake of the health insurance reform here in Massachusetts on a national level, they will threaten to wipe out the American economy within four years," Cahill said in a press conference in his office.

Echoing criticism leveled by congressional Republicans in recent weeks, Cahill said, "It is time for the president, the Democratic leadership, to go back to the drawing board and come up with a new plan that does not threaten to bankrupt this country."

[T]he state's health insurance law"¦Cahill said, "has nearly bankrupted the state."

Cahill said the law is being sustained only with the help of federal aid, which he suggested that the Obama administration is funneling to Massachusetts to help the president make the case for a similar plan in Congress.

"The real problem is the sucking sound of money that has been going in to pay for this health care reform," Cahill said. "And I would argue that we're being propped up so that the federal government and the Obama administration can drive it through" Congress.

The Democrats have no good ideas for controlling Medicare costs after a government takeover.  If they did, they would have already implemented these ideas on Medicare or in Massachusetts.  Their only plan is price controls and rationing.  Here is an example of price controls hitting a wall in Medicare:

Walgreens drugstores across the state won't take any new Medicaid patients, saying that filling their prescriptions is a money-losing proposition "” the latest development in an ongoing dispute over Medicaid reimbursement....

In a news release, Walgreens said its decision to not take new Medicaid patients stemmed from a "continued reduction in reimbursement" under the state's Medicaid program, which reimburses it at less than the break-even point for 95 percent of brand-name medications dispensed to Medicaid patents....

Washington was reimbursing pharmacies 86 percent of a drug's average wholesale price until July, when it began paying them just 84 percent. While pharmacies weren't happy about the reimbursement reduction, the Department of Social and Health Services said that move was expected to save the state about $10 million.

Then in September came another blow. The average wholesale price is calculated by a private company, which was accused in a Massachusetts lawsuit of fraudulently inflating its figures. The company did not admit wrongdoing but agreed in a court settlement to ratchet its figures down by about 4 percent.

So the Government is reimbursing retailers at 80% of wholesale costs.  Even forgetting their overhead,  Walgreens was asked to sell dollar bills to the government for 80 cents.

What both stories have in common are government health plans that are subsidized from the outside:  The Feds are pouring money into Massachusetts and money is sucked out of the private medical side to subsidize Medicare.  But what happens when there is only one system, when there is nothing outside of it to subsidize it?  What are they counting on to save them?

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