Fixing What Already Exists Before Adding More

Virginia Postrel has what seems to be a perfectly reasonable suggestion:

Think about this for a moment. Medicare is a huge, single-payer, government-run program. It ought to provide the perfect environment for experimentation. If more-efficient government management can slash health-care costs by addressing all these problems, why not start with Medicare? Let's see what "better management" looks like applied to Medicare before we roll it out to the rest of the country.

This is not a completely cynical suggestion. Medicare is, for instance, a logical place to start to design better electronic records systems and the incentives to use them. But you do have to wonder why a report that claims that Medicare is wasting 30 percent of its spending thinks it's making a case for making the rest of the health care system more like Medicare.

Of course, I think both Obama and Congress know that either 1) such savings are impossible and/or 2) such savings would require steps painful enough to have millions of users squealing.

The Portland Non-Example

The Anti-Planner, in a long post dissecting a speech by Ray LaHood, brings some good facts to the table about the lack of success of efforts in cities to get people out of cars.  Of particular interest is Portland, which is often held up by transit and in particular light rail supporters as the be-all-end-all city on the hill example of transit and growth planning.  OK, let's use it as an example:

The 2007 American Community Survey found that, since the 2000 census, the number of Portland-area residents who say they usually bicycle to work grew from about 6,800 to 15,900. But the number who say they take transit to work declined from 58,600 to 57,900. The number who go to work by car (not counting taxis) grew from 664,300 to 730,500. This means that Portland roads have about 60,000 more cars during rush hour, but the region has put most of its transportation dollars into light rail and streetcars that carry no more people.

A lot of blame for this can go to the city's focus on light rail, whose enormous costs have cannibalized bus service and thus reduced total transit service.  In particular, those who support transit as a god-send for the working poor should note that this substitution of large, inexpensive bus networks for more yuppie-friendly trains on narrow routes shifts transit away from the poor to white collar users.

...coerciveness is a fundamental part of the livability campaign, as shown by Portland, Oregon, whose official objective (see table 1.2) is to allow rush-hour traffic to grow to near-gridlock levels ("level of service F") on many major freeways and arterials. Besides diverting federal highway money into light rail instead of things that will actually relieve congestion, much of the money that Portland does spend on roads goes into "traffic calming," a euphemism for "congestion building" which consists of putting barriers in roads, speed humps, narrowing streets, and turning auto lanes into exclusive bike lanes.

Beyond the moral and constitutional question of whether government should have the right to intrude into people's lives is the more practical question of whether the benefits of such intrusions justify their costs. In the case of Portland, the costs include a nearly twelve-fold increase in the costs of congestion between 1982 and 2005, the more than $2 billion spent on light rail, and nearly $2 billion spent on subsidies to transit-oriented developments. Meanwhile, the benefits include a lot of New York Times articles making Portlanders feeling smug about themselves, but not much else except for the lucky (or politically connected) few getting the subsidies.

Why I Am Glad I Am Running A Private Company

Because in a public company, I might have to, out of fiduciary responsibility, accede to this:

China plans to require that all personal computers sold in the country as of July 1 be shipped with software that blocks access to certain Web sites, a move that could give government censors unprecedented control over how Chinese users access the Internet.

Running a private company, I can tell them to take a hike.  As I did last week, when I was offered a large piece of new business but refused it because it required that I drug test all my employees.

Health Care Trojan Horse (Episode 35)

Via Maggies Farm, Dr. Melissa Clouthier:

y biggest concern with Government Run health care is that the government will run it and run you. That is, your life will be controlled from cradle to grave. You will eat a certain way"¦or else. You will do certain things"¦or else. And the government will have every motivation to force you down a path.

Ultimately, this is a civil liberties issue. Some people say that not having health care for all is shameful in such a wealthy country. Shameful is the notion of a bureaucrat deciding whether you live or die based on the metrics of a chart. That's shameful. And that would be our future. It is a future I don't want to see.

Just look at the big government, totalitarian groups that are for this mess. It should give you an idea of what you'd have to look forward to in the future.

Yep.  It is still amazing to me that the National Organization for Women, who have built 80% of their history on "Keep the government out of my body" is a huge supporter of national health care.

TJIC described the problem well:

The art of socializing everything under the sun, in four steps:

  1. For no reason at all, have the taxpayers deal with situation X.
  2. Declare that people who create situation X are imposing a negative externality on others.
  3. Tax and spend even more on cleaning up mess X, and make it illegal to create situation X, or put high taxes on X.
  4. Create winners and losers. Winners (those collecting tax dollars to clean up mess X) donate to politicians to keep the gravy flowing. Losers (those paying taxes and getting penalized) donate to politicians to lighten the yoke.

One example of application of this approach:

Old school:

  1. Some people overeat and get fat. Some of these people have heart attacks. No problem.

New school:

  1. Decide that taxpayers will pay for socialized health care.
  2. Declare that people who overeat are enemies of the state.
  3. Tax affordable, healthy-in-moderation food that does not appeal to NPR listeners.
  4. Collect the campaign donations.

So Why Are We Even Bothering with Cap and Trade?

The whole point of a pollution control regime driven by a carbon tax or cap-and-trade is to acknowledge that 300 million people making trade-off and investment decisions can do a better job reducing pollution than 300 people in Washington commanding solutions.   Give individuals an emissions cap (or raise the price of emissions) and people will make their own decisions how best to handle the response.  One household in Arizona might put in solar, while the Seattle household would see solar as a waste and might get the same reductions via conservation.

So why does the current cap-and-trade bill have so much command and control embedded in it?

In fact, the bill also contains regulations on everything from light bulb standards to the specs on hot tubs, and it will reshape America's economy in dozens of ways that many don't realize.

Here is just one: The bill would give the federal government power over local building codes. It requires that by 2012 codes must require that new buildings be 30 percent more efficient than they would have been under current regulations. By 2016, that figure rises to 50 percent, with increases scheduled for years after that. With those targets in mind, the bill expects organizations that develop model codes for states and localities to fill in the details, creating a national code. If they don't, the bill commands the Energy Department to draft a national code itself.

States, meanwhile, would have to adopt the national code or one that achieves the same efficiency targets. Those that refuse will see their codes overwritten automatically, and they will be docked federal funds and carbon "allowances" -- valuable securities created elsewhere in the bill that give the holder the right to pollute and can be sold. The Energy Department also could enforce its code itself. Among other things, the policy would demonstrate the new leverage of allocation of allowances as a sort of carbon currency -- leverage this bill would be giving to Congress to direct state behavior.

The reason, of course, is that Congress may nominally support cap-and-trade (mainly because it is hip and trendy, not because they really understand it) but they most certainly do not buy into the philosophy behind it -- that millions of individuals can make better decisions collectively than a few planners in Washington.  Because Congress most certainly thinks they are smarter than everyone else and can make better decisions.

Of course, this is absurd.  Has anyone tested these mandates above and seen if they are a less costly way to reduce emissions than other steps?  Of course not, just as they did not for the new CAFE standards.  In fact, I can prove it -- Do making massive investments in insulation and air conditioning efficiency make any sense in San Diego?  Of course not -- in that mild climate, these are near useless investments.  Does making me buy a more fuel efficient car to drive my 1.5 mile commute make sense?  Of course not.  But this is exactly what is happening, because Congress can only regulate to the mean, and the result is that in many cases its commands make no sense.  Which is exactly why cap-and-trade was invented, ironically.

*Sigh* Something Else I Will Have to Subsidize

Via TJIC:

It took decades and, at times, antagonistic battles, but Harvard's gay community says it has finally cemented its academic legitimacy at the nation's oldest university. College officials will announce today that they will establish an endowed chair in lesbian, gay, bisexual, and transgender studies, in what is believed to be the first professorship of its kind in the country.

Can the adults among us agree that a degree in LGBT studies has about zero economic value?  Even a history degree has more economic value, as history studies tend to still be accompanied by some academic rigor.  But the pathetic scholarship standards and non-existant statistical rigor with which most social sciences, and various [fill in the blank with oppressed group] studies departments in particular, are taught make the economic value of such a degree at best zero and at worst a negative.

I have no problem with anyone studying whatever they wish using their own resources.  This is one place I diverge with Ayn Rand -- she might say that pursuing non-productive activity is inherently immoral.  I would say that pursuing your own goals, whatever they be and however valuable or valueless they might be to others, is just fine as long as you don't demand that everyone else to support you.

The problem is that a degree at Harvard probably requires a $200,000 investment to complete.  Given that, beyond a few career spots in academia, a LGBT studies degree is unlikely to ever recover enough (versus having no degree)  to pay for such an investment, problems are inevitable.  Either someone (read: taxpayers) will likely foot the bill, or else some student is going to find herself with tens of thousands of dollars of student debt and no realistic way to pay it back.

In fact, this latter situation is a common leitmotif of recent media stories, the college grad unable to handle his or her shocking debt load.  Somehow, stories all seem to blame the capitalist system as a failure point.  Michelle Obama, who similarly pursued [historically oppressed group] studies at Princeton, has expressed just this point of view.

Despite their Ivy League pedigrees and good salaries, Michelle Obama often says the fact that she and her husband are out of debt is due to sheer luck, because they could not have predicted that his two books would become bestsellers. "It was like, 'Let's put all our money on red!' " she told a crowd at Ohio State University on Friday. "It wasn't a financial plan! We were lucky! And it shouldn't have been based on luck, because we worked hard."

Is this problem really so hard to diagnose, or have we gotten so politically correct we cannot state a fact out loud that everyone understands -- that is, some degrees have more economic power than others.  LGBT studies degrees likely have very little economic utility.  So it is fine to pursue such a degree, but don't be surprised when you are not offered a six-figure income at graduation, and don't come to me expecting that I pay for your choice.

On Running GM

It strikes me GM has at least four problems that led to its bankruptcy:

  • Tendency to give too much away to the UAW, both in $ and work rules concessions
  • Uninspired design largely out of contact with consumers
  • Operational processes that produce way too many errors
  • Bloated, expensive, and slow bureaucracy

It is astoundingly hard to see how federal government ownership of GM will fix any of these.   The Obama intervention in the bankruptcy has been one long giveaway to the UAW, and it is already clear that any radical or painful restructuring steps will be muddled in the political process.  What we really needed were innovative radicals swooping in a picking up assets in bankruptcy, to be run in totally new ways.  What we get instead are 31-year-old grad students with no experience in automobiles or any other business enterprise calling the shots:

It is not every 31-year-old who, in a first government job, finds himself dismantling General Motors and rewriting the rules of American capitalism.

But that, in short, is the job description for Brian Deese, a not-quite graduate of Yale Law School who had never set foot in an automotive assembly plant until he took on his nearly unseen role in remaking the American automotive industry."¦

But now, according to those who joined him in the middle of his crash course about the automakers' downward spiral, he has emerged as one of the most influential voices in what may become President Obama's biggest experiment yet in federal economic intervention.

While far more prominent members of the administration are making the big decisions about Detroit, it is Mr. Deese who is often narrowing their options.

I can say this will end poorly with some confidence, as I too at 31 found myself to be a smart but inexperienced guy advising Fortune 50 CEOs for McKinsey & Co.  I am embarrassed to this day at the solutions we used to push that blinded us with their elegance but turned out to make no sense in the real world.

The Obama administration reminds me of nothing so much as a grad school policy seminar suddenly finding itself running a government.   All that naive technocratic hubris we once kept safely bottled away in Cambridge and New Haven has been released to wreck havok on the real world.

For more, read my previous work on why GM should fail, and try to see if anything proposed to day gets at the issues discussed.  At the end of the day, what those in the Obama Administration and their many supporters fail to understand is the very basic concept of how wealth and value get created, and how this relates to the deployment of assets.  I won't go into depth on this topic today, but suffice it to say that pumping a trillion dollars or so of government borrowing into the least well-managed institutions in the country is not a recipe for growth.

Update: George Will has more.

But one reason Amtrak runs on red ink is that legislators treat it as their toy train set, preventing it from cutting egregiously unprofitable routes. Will Congress passively accept auto plant-closing decisions? Rattner says that Washington's demure vow is: "No plant decisions, no dealer decisions, no color-of-the-car decisions." He is one-third right. Last week, under the headline "Senators Blast Automakers Over Dealer Closings," The Post reported, "Because the federal government is slated to own most of General Motors and 8 percent of Chrysler, some of the senators said they have a responsibility, as major shareholders do, to review company decisions."

With the help of the California legislature, we can make it three out of three, as California is mulling legislation to ban certain car colors to stop global warming (lol).

Update #2:  More on the Chrysler shotgun wedding with Fiat.

It Is Getting Harder and Harder to Write Satire

A portion of my novel BMOC was satire of oddball lawsuits.  In that book, for example, I had a woman suing Disney because she found that the characters at Disney World were people in costumes rather than the actual animated characters she had expected.  I thought that was enough beyond reason and reality to constitute satire, but I guess I was wrong:

On May 21, a judge of the U.S. District Court for the Eastern District of California dismissed a complaint filed by a woman who said she had purchased "Cap'n Crunch with Crunchberries" because she believed "crunchberries" were real fruit. The plaintiff, Janine Sugawara, alleged that she had only recently learned to her dismay that said "berries" were in fact simply brightly-colored cereal balls, and that although the product did contain some strawberry fruit concentrate, it was not otherwise redeemed by fruit. She sued, on behalf of herself and all similarly situated consumers who also apparently believed that there are fields somewhere in our land thronged by crunchberry bushes.

Double Standard

When private companies in financial distress pay out employee bonuses that were contractually obligated:  bad.  When governments in financial distress pay out employee bonuses that are entirely discretionary: A-OK.

Amid the downturn in the economy, the city of Phoenix handed out more than $300,000 in cash bonuses, a CBS 5 News investigation found.

The bonuses, which ranged from $500 to $6,000 for a grand total of $354,800, were paid in October, according to public records...

Nevertheless, records show former Parks and Recreation Director Sara Hensley received a $3,500 cash award; the same month, she resigned to take a similar job in Texas.

Library Director Tony Garvey received a $4,000 cash award. Shortly after, libraries were forced to shorten hours and cut positions.

Notes from Touring Washington, DC

We just finished up 4-1/2 days in Washington, DC, and I wanted to share some thoughts of various attractions.  Unlike with Disney World, I am not a Washington expert, so others are welcome to comment with their thoughts.

Hotels: Right now, hotels are offering screaming deals.  I have become a Hotwire aficionado, in large part because I discovered this site which helps one break the secrecy at Hotwire and figure out in advance, with a fair bit of certainty, exactly what hotel for which one is signing up.  As a result, I got a $165 rate at the Willard, right next to the White House, which was less than my sister paid for a Residence Inn out at Dupont Circle.  And unlike many hotels who sometimes put Hotwire customers in the worst rooms, we got a huge room, really a suite.  And there is no better location for being a tourist in Washington than the Willard.

Restaurants: We had really bad luck with restaurants for dinner.  There are plenty of chains for predictable meals, but we tried several local favorites and were disappointed each time, even after checking them out at TripAdvisor (another favorite site of mine).  I don't know if this was bad luck or a statement on Washington dining.  We did have a good meal in Georgetown, where there are lots of choices.  It looked like there were some nice places with cafe-style outdoor dining on Wisconsin Ave near the center of Georgetown, but I can't remember any of their names.  We had ice cream in Georgetown at Thomas Sweets, a family favorite we knew because it is an institution at Princeton.

Lunches, on the other hand, were a pleasant surprise.  Both the National Gallery and the Natural History Museum had very nice cafes with lots of dining choices, good salad bars, etc.  We liked these better than the all-McDonald's fair at the Air and Space Museum.

Never, ever eat breakfast in a fancy hotel, unless you are very wealthy.  We tried the outdoor cafe one day at the Willard and ended up with the classic 5-star 4 croissant $100 breakfast.  We quickly found a bakery a block away by the Filene's Basement that was just fine for breakfast.

Transport: At the Willard, we were walking distance from nearly everything we wanted.  The Washington subway system is very good and cheap, and we used it several times (after all, my tax money pays for it so I might as well).  Cabs seem cheap but beware -- they add $1.50 for each extra person beyond one and some amount for each bag in the trunk.  We took the cab to National Airport when we got pinched for time (the subway goes right there) and found that we had an $11 charge before the wheels even started to roll.  Fortunately, National was so close the final bill was less than $25.  Cabs are therefore better for long trips than short ones.

Memorials: We walked around the Washington monument but did not go up  (we were way too late in the day to get tickets).  For various reasons related to the elevation and the buildings on the mall, the area at the base of the monument is windy as heck, even if the rest of DC is calm, so it is a nice place to relax with a good view on a hot day.  The Lincoln Memorial is far better seen at night than during the day.  The memorial is powerful, but the view from it at night is awesome.

The Vietnam War Memorial is simply awesome.  I have never yet found a war memorial that is more moving.  Unlike many memorials, it is truly dedicated to the individuals who fought and died.  In contrast, the WWII memorial is, to my mind, a complete loss as a memorial.  While dramatic architecturally and in a great location, it produces zero emotion.  It has monuments to states and places, not people.

Air and Space Museum: Always a winner.  I have never met a person who didn't enjoy it.  But expect crowds to be high -- this is by far the most popular spot on the mall.   The IMAX shows get most of the attention but I found the planetarium shows to actually be more interesting (though visually less stunning).

National Gallery: I struggle with large art galleries.  My favorites are places like the Frick in New York, which are easily digestible.  I floundered in the Louvre -- there is just too much.  I found the National Gallery to be a nice size -- large enough to have some great pieces, but small enough that one can get through several different eras in a single visit.  My wife likes the French impressionists, while I like the earlier Dutch, and there was good stuff for both of us to see.  I thought the modern art collection in the annex was pretty mediocre.  There is a fabulous huge Calder in the atrium, however, that is worth a quick peak inside.

Natural History Museum: This one is tough.  Either you have to see it for 5 minutes or 5 hours.  One can jam through and see the Hope diamond and the squid and a few other attractions, or one can really take time to learn from the exhibits, in which case one needs to be prepared to stay quite a while.  To the latter goal, I prefer the new reorganization of the Natural History museum in New York -- I think it is more logical and really helps one understand the evolution and relationship of species better.

Museum of American History: This museum has changed several times, looking to find its niche.  I think it used to be more of a technology museum.  I actually loved the old museum, full of old steam engines and machinery, but I think my kids liked the new version better, which is aimed more at being a history museum (there is still a technology portion, with some good machinery, cars, and trains, but it is smaller).  The military history section is good, and fills a niche that really hasn't existed before in this country, though it falls far short of, say, the Imperial War Museum in London.  My wife always likes to check out the first lady gowns.

International Spy Museum: I was kind of skeptical of this, thinking it might be like a Madame Tussuad's or some-such.  But this museum was fabulous.  It had great exhibits, and was very well organized.  Had the single best combination of any museum we went to of cool exhibits combined with teaching.  The kids loved it too, as there were some good kids activities and lots of interactive things.  In addition to the museum, we also did an interactive experience with a group of 12 folks for about an hour.  This was a simulated spy mission, complete with eavesdropping, breaking in and searching an office, interrogation, etc.  Maybe a bit campy for adults, it is very well done and the kids loved it.  Like Disney but much more interactive.  Note that both the museum and the experience require advanced reservations.

White House: Probably my biggest disappointment of the week.  Note that currently, the only way you can get a tour is through your Congressman -- you have to contact his or her office and get them to schedule you a time, and you have to submit some personal information in advance for security checks.  Having gone through this, I thought we might actually get, you know, a tour.  But instead all we got was the right to join an endless, really slow-moving line that allowed us to see about three rooms with no tour guide or interpretation.  Kids like being able to say they had been there, but that was about the only value.

Capitol: One can sign up for a public tour, in which case you will, from my observation, stand in some huge lines.  If you want to bypass this, and you are talking to your Congressperson already for the White House tour, see if you can get a staff-led private tour.  One of John Shadegg's aids showed about eight of us through the capital and into the House gallery.  She did a very good job (thanks Congressman Shadegg!) and we skipped most of the lines.  By the way, I did indeed see our new billion dollar visitor center.  It was enormously disappointing.  The public spaces were huge, but mostly filled with queues (apparently most of the space was appropriated by Congress for their own use as offices and meeting rooms).  We saw a film in a nice theater, but the propaganda meter was turned up pretty high  (They kept calling the capitol the "temple of liberty."  Really?  Someone must have forgotten to tell Congress).

Archives: You gotta go see the big documents.  The Bill of Rights, a copy of Magna Carta, the Constitution, and the Declaration of Independence are all there (though the Declaration has really faded).  If we have a "temple of liberty" in Washington, this is more rightly it.  Or maybe it is more rightly called the reliquary of liberty.  There can be a line, but this changes a lot through the day.  If it looks like a long wait, come back in a few hours and the line may be gone.  Also, they have opened up new galleries that are usually totally uncrowded with a lot of other cool documents.  I could have spent all day here but my family dragged me out.

Botanical Gardens: The surprise of the trip.  We tripped over this place by accident, as it seems to have few visitors.  I never even knew it existed, which is odd as it is cleverly hidden right on the mall next to the capitol.  The big glass conservatory has 8 or 9 zones with different plants from desert to tropical.  This is an outstanding place to decompress, and surprisingly my kids even liked it.  If you go, don't forget to go up the stairs to the catwalk in the jungle canopy, which includes a pretty unique view of the capitol building.

Places we missed but wanted to go:  Jefferson Memorial, Hershorn Gallery, Corcoran Gallery, Air and Space Museum Annex (near Dulles).

Many people seem to like the FBI tour, but I just couldn't stand the thought.

Politicians and Personality Cults

One of the things I had never noticed before was just how prevalent George Washington's image is around the capital.  The city is named after him, there are statues of him all over the place, the capital and the White House are full of paintings of him, and of course there's that big phallic symbol out on the mall.   I found it a bit off-putting, something I would expect more of Napoleon or a Roman Emperor than a US President.  The oddest site of all was the mural on the dome of the capital, which actually shows the deification of George Washington, a leitmotif taken from Roman emperors and tyrants like Julius Caesar, who were often deified by Senate proclamation after their deaths.

deification-of-george-washington

Which brings me to our current president.  The cult of personality around Obama as seen in the Washington area is just startling, and horribly troubling for those concerned about the power of the state and individual liberty.  Pictures of him and his family are seemingly on every wall, with whole souvenir shops dedicated to everything Obama.  Searching for some kind of analog, I actually found two:

  • Princess Diana -- Little of what Princess Diana said or did bore up under much scrutiny, but it didn't matter.  For some reason, huge numbers of people totally invested themselves in her personality cult.   In fact, the more screwed up she was, and the more mistakes and weakness she admitted to, the more people rushed to support her.   I was in London a few days after her funeral, and it was the only occasion I had ever seen as much merchandise sales for a government figure as I did this week for Obama.
  • Augustus Caesar.   Gaius Julius Caesar Octavianus, or Augustus, had the problem of wanting all the power of a tyrant, but he knew the dangers because his [adoptive] father Julius Caesar had been killed for being a tyrant.  So he brilliantly built over time a personal loyalty among those in the state to himself, and exercised power with good PR.  He was more powerful and more autocratic than Julius Caesar, but cleverly disguised the fact.  He gave the people the illusion of freedom without the reality, and they ate it up.

Aging 25 Years

My Princeton roommates and I back in college and at reunions last week.

roommates_s

img_5159

In the reunion photo, I am the guy in the orange and black on the left.  Libertarian readers might also recognize Brink Lindsey of Cato third from the left.  Each 25th reunion class gets their own blazer of unique design to cherish forever.  I thought ours was pretty good.

Where Is Coyote?

I am on vacation with my family.  We went to my 25th reunion at Princeton last week, and are now spending some tourist time in Washington DC.  Be back soon.

Cool Trompe L'oeil

Oh, Just Great

Richard Epstein on Sotomayor:

Here is one straw in the wind that does not bode well for a Sotomayor appointment. Justice Stevens of the current court came in for a fair share of criticism (all justified in my view) for his expansive reading in Kelo v. City of New London (2005) of the "public use language." Of course, the takings clause of the Fifth Amendment is as complex as it is short: "Nor shall private property be taken for public use, without just compensation." But he was surely done one better in the Summary Order in Didden v. Village of Port Chester issued by the Second Circuit in 2006. Judge Sotomayor was on the panel that issued the unsigned opinion"“one that makes Justice Stevens look like a paradigmatic defender of strong property rights.

I have written about Didden in Forbes. The case involved about as naked an abuse of government power as could be imagined. Bart Didden came up with an idea to build a pharmacy on land he owned in a redevelopment district in Port Chester over which the town of Port Chester had given Greg Wasser control. Wasser told Didden that he would approve the project only if Didden paid him $800,000 or gave him a partnership interest. The "or else" was that the land would be promptly condemned by the village, and Wasser would put up a pharmacy himself. Just that came to pass. But the Second Circuit panel on which Sotomayor sat did not raise an eyebrow. Its entire analysis reads as follows: "We agree with the district court that [Wasser's] voluntary attempt to resolve appellants' demands was neither an unconstitutional exaction in the form of extortion nor an equal protection violation."

Maybe I am missing something, but American business should shudder in its boots if Judge Sotomayor takes this attitude to the Supreme Court.

I covered the Didden case back in 2006, where I called it "the worst government abuse I have seen lately," an abuse that has since been Okay-ed by Sotomayor.

Update: I guess given his actions in Chrysler, Obama was happy to nominate a Supreme Court justice who gives a legal pass to outright blackmail.

Nobody I Know Voted for Nixon

From a NY Times review of  "The Goode Family" via Tom Nelson:

But the show feels aggressively off-zeitgeist, as if it had been incubated in the early to mid-'90s when it was still possible to find global-warming skeptics among even the reasonable and informed. But who really thinks of wind power "” an allusion to which is a running visual gag in the show "” as mindless, left-wing nonsense anymore?

My apparently not reasonable and informed climate site is here.  Wind strikes me as the very embodiment of the typical leftish program -- it is very expensive, it makes people feel really good about themselves for supporting it, and it does almost nothing to achieve its stated goals.   To the latter point, wind can produce a lot of power, but it typically does little to reduce fossil fuel emissions as its unpredictability and variablity require a hot bockup that is still likely producing CO2.  As a result, the experience in the two largest wind users in the world - Germany and Denmark - is that huge investments in wind yield little or no reduction in emissions.

Licensing is Anti-Consumer, Health Care Edition

I have written a zillion times that government licensing programs tend to be incumbent protection from competition for the licensees, rather than any real benefit to consumers.  This is particularly true in health care.

Why does a person need to go to school and residency for a decade to put three stitches in a kid's cut?  Why do I have to go to a full dentist's office to get my teeth cleaned?  Why does someone have to go to school for years to tell me my contact lens strength needs to be incremented by another 0.5, when I already knew that and could have just ordered them myself?  The reason is licensing, and it both increases prices by limiting the number of providers and by forcing me to see someone who is often wildly overqualified to handle my problem.

My sense is that this over-licensing for routine functions in medicine is the second largest contributor to costs (the first is the elimination of price-shopping by  making the payor for the services different from the person who receives the services).  But don't expect the government, long in thrall to the AMA, to do anything about this in any health care "reform":

bills and amendments died during the Texas legislative session that would have allowed advanced practice nurses to diagnose and to prescribe for common, minor illness and injures without doctor supervision.

You can blame Texas doctors.

Despite better protections from malpractice lawsuits and lower malpractice premiums, Texas has a doctor shortage. Nevertheless, the Texas Medical Association took every step to ensure physicians will have a tight rein on the activities of well-trained nurses.

The barrier against nurses will continue to keep low-fee retail health clinics, such as those operated by Walgreen and CVS drug store chains, from expanding in Texas. The state law requiring doctor supervision adds too much cost to the clinics.

Texas has only about 85 of the 1,200 retail health clinics in the nation. San Antonio does not have a single one. The clinics are popular wherever they exist because nurse practitioners can treat common ailments and minor injuries with little waiting time and fees that average about $60, much less than emergency rooms. The clinics operate evenings and weekends and accept insurance plans.

The clinics would represent real health care reform, especially in Texas. Most of the state, 179 counties out of 254, is classified as medically underserved. Among them are 45 metropolitan counties, including Bexar.  (hat tip:  Carpe Diem)

Postscript: But Coyote, how can you possibly be against licensing of doctors?  You wouldn't want just anyone doing open heart surgery on you, would you?

No, I wouldn't, but while AMA licensing is overkill for putting in stitches, it falls short of what I would want for heart surgery, or oncology, or major plastic surgery.  I would not just accept any licensed doctor to do these things - I would do research and get referrals.  I would enforce a higher standard.  And this is why broad licensing is so un-helpful.  It is overkill for certain procedures, but falls short for others.  I guess their may be a Goldilocks application for current licensing (maybe for my GP?) but that is almost an accident.

I don't oppose third party certifications per se.  I think that in a free society, many groups, such as the AMA (or consumers reports, or the UL, or whoever) could act as certification or review bodies for different medical practices.  And I would very likely as a consumer find such an organization I trust and insist the providers I used for certain procedures be minimally approved by this group.

Government and Cost-Cutting

Government officials have mastered the cost-cutting game, or should I say the cost-non-cutting game.  The trick they have learned is that whenever budget or tax cuts are proposed, they threaten to cut the most critical expenditures.

Now, as I have pointed out, such behavior in a private company would result in one's termination.

When I was in the corporate world, if I wanted extra funds for my projects, I would have to go in and say "Here are all my projects.  I have ranked them from 1-30 from the most to least valuable.  Right now I have enough money for the first 12.  I would like funding for number 13.  Here is my case."

But the government works differently.  When your local government is out of money, and wants a tax increase, what do they threaten to cut?  In Seattle, it was always emergency services.  "Sorry, we are out of money, we have to shut down the fire department and ambulances."  I kid you not "” the city probably has a thirty person massage therapist licensing organization and they cut ambulances first.   In California it is the parks.   "Sorry, we are out of money.  To meet our budget, we are going to have to close down our 10 most popular parks that get the most visitation."  The essence of government budgeting brinkmanship is not to cut project 13 when you only have money for 12 projects, but to cut project #1.

I can just see me going to Chuck Knight at Emerson Electric and saying "Chuck, I don't have enough money.  If you don't give me more, we are going to have to cut the funds for the government-mandated frequency modification on our transmitters, which means we won't have any product to sell next month."  I would be out on my ass in five minutes.  It just floors me that this seems to keep working in the government.  Part of it is that the media is just so credulous when it comes to this kind of thing, in part because scare stories of cut services fit so well into their business model.

Matt Welch has a great 8-point takedown of similar scare story on the current California budget crisis.  You should definitely read it, but I wanted to add a #9 -- this idea that the core, rather than the marginal, expense is always the first to be cut.  From the LA Times:

Gov. Arnold Schwarzenegger has proposed slashing state spending on education by $3 billion to help close the budget gap, and the state would pay dearly for canceling classes, firing instructors, cutting class days and shortening the school year, experts said.

Promising students would go to other states, taking their future skills, earnings and, possibly, Nobel Prizes elsewhere. California companies would then find it harder to attract high-value employees who might be dubious about moving to a state with sub-par schools. [...]

John Sedgwick, co-founder of Santa Clara solar-energy company Solaicx, agreed.

"When you think about the genesis of Silicon Valley, it really started from its superior educational base" at Stanford and UC Berkeley, said Sedgwick, whose company makes the building blocks for photovoltaic cells. "That indicates that you don't want to kill the goose that's laying the golden eggs." [...]

The only way the most "promising" students would be affected is if, when the schools cut back, the best professors (rather than the worst) are fired and the most promising students (rather than the most marginal) are denied admission for limited spots.  Really?  If Berkeley has 10 fewer spots, it's going to start cutting admissions with the Physics wiz kid who had a 2400 on her SAT?

Further, is it really true that California only attracts people to its work force who went to school in California?  A top Michigan or Harvard grad won't do just as well?  I went to college in New Jersey yet have never held a job in that state.

Now, I understand that part of the argument is that workers may not come if the local primary schools for their kids are bad.  And that is true.  But California has had poor performing schools despite years of high and increasing spending.  Matt has much more on this in his piece.

Postscript: Of course, as crazy as it seems, there may be some reality to this threat.  I could easily see the University of California system, when faced with the choice of cutting back on some post-modernist social science program or a physics program that has produced 7 Nobel Laureates, choosing the latter to cut in a fit of outrageous political correctness.

At the primary level, it is very possible that the bloated school administrations filled with rafts of useless assistant principals will choose to fire teachers rather than themselves.  So unfortunately the plans to cut the most useful spending in a crisis and keep the most useless is not just a threat, it is a reality.

Cortlandt Homes

In India, Tata corp.  has a plan to build condos that would sell for as little as $8000 a unit.  Which got me thinking about the cost of regulation in the US.  Take California, a state that has an explicit government goal to promote affordable housing.  My bet is that the permitting alone would cost more than $8000 a unit, and building code mandates would certainly make such a figure impossible.

I have always thought it funny that residents of the San Diego coast, with perhaps the mildest climate in the country, have the most onerous requirements in the country for insulation and air conditioning efficiency.  Its like requiring residents of Seattle to put on sun screen every day.

Bait and Switch

Bruce McQuain points out this statement by Obama that is just staggering in its mendaciousness (emphasis added)

In a sobering holiday interview with C-SPAN, President Obama boldly told Americans: "We are out of money."

C-SPAN host Steve Scully broke from a meek Washington press corps with probing questions for the new president.

SCULLY: You know the numbers, $1.7 trillion debt, a national deficit of $11 trillion. At what point do we run out of money?

OBAMA: Well, we are out of money now. We are operating in deep deficits, not caused by any decisions we've made on health care so far. This is a consequence of the crisis that we've seen and in fact our failure to make some good decisions on health care over the last several decades.

WTF?  The current deficit is because of health care decisions?  What happened to TARP and that crazy-large trillion dollar "stimulus" package and Chrysler and AIG and GM and all those other bailouts?  Sure, there is a looming Medicare bankruptcy, but that has little to do with the deficit numbers quoted.

We libertarians have always warned that the modus operandi of government is the following:  The government creates a problem.  Then the government uses that problem as justification for more government action.  Repeat.  Is there any clearer evidence than this from Obama?  He wastes a couple of trillion dollars in his first months in office propping up the constituent groups who got him elected, and then blames the spending on health care, which gives him an entree to ... spend more money on health care.

I couldn't be more depressed about the state of our country than I am right now.

Again, the Problem Is Not Gitmo per se...

...the problem is indefinite detentions.  But in its general sloppiness, the press over the last 8 years has branded the problem as "Guantanamo Bay," giving Obama the ability to claim progress by closing Gitmo, while still maintaining the right to indefinite detention at the Administration's pleasure.

I guess we have to take our allies where we find them in defending the Constitution, so I will quote Russ Feingold's thoughts here (despite his history of legislative attacks on the First Ammendment).  Via Q&O:

While I recognize that your administration inherited detainees who, because of torture, other forms of coercive interrogations, or other problems related to their detention or the evidence against them, pose considerable challenges to prosecution, holding them indefinitely without trial is inconsistent with the respect for the rule of law that the rest of your speech so eloquently invoked. Indeed, such detention is a hallmark of abusive systems that we have historically criticized around the world....

Once a system of indefinite detention without trial is established, the temptation to use it in the future would be powerful. And, while your administration may resist such a temptation, future administrations may not. There is a real risk, then, of establishing policies and legal precedents that rather than ridding our country of the burden of the detention facility at Guantanamo Bay, merely set the stage for future Guantanamos, whether on our shores or elsewhere, with disastrous consequences for our national security.

Bruce McQuain concludes:

Anyone monitoring what Barack Obama has been saying since taking the oath of office who doesn't see a rather large authoritarian streak in the man hasn't been paying attention. What he is suggesting is blatantly worse than what the Bush administration did. Unfortunately, it is mostly being lost in the ground clutter of the financial crisis. But it is certainly there for those who take the time to look.

Update:  This Rachel Maddow video on Obama's speech is great. She calls it the Department of Pre-Crime based on the Phillip K Dick novel and Tom Cruise movie:

It's Not A Tax Problem, It's A Spending Problem

Via Matt Welch, in response to a Paul Krugman editorial lamenting that California's fiscal problems are all due to prop 13.

Here is where the traditional liberal argument loses me. The California budget "emergency" isn't a tax problem, it's a spending problem. State spending in the past two decades, as this Reason Foundation report [PDF] spells out, has increased 5.37 percent a year (and nearly 7 percent for the past decade), compared to a population-plus-inflation growth rate of 4.38 percent. If the budget growth rate had been limited to the population-inflation growth rate, the state would be sitting on a $15 billion surplus right now. Surely enough to dip into during a real emergency. What's more, despite this alleged tax straightjacket, Californians manage to still pay 21.9 percent in state and local taxes, compared to 14.5 percent for Texas.

Friday Picture

I thought this was really cool.  I am not really into caption contests, but there seem to be so many possibilities for this one.   The first 9/11 that wasn't?  An early Air Force One photo op?

zep

via Shorpy

The Inevitable Result of Government Bailout of Newspapers

A great morality play is running in southern California that gives a pretty clear view into where government funding of newspapers will lead.  Unfortunately, the article I have (via Glen Reynolds) is not written very clearly.  Here are the key facts:

  1. New ownership buys San Diego Union-Tribune, apparently the city's largest newspaper
  2. The new ownership group is funded in part by investments from public pension funds
  3. Public officials argue that since the paper is owned in part with some of their money, the newspaper should no longer be allowed to criticize public officials

Here is their demand:

As [police union] League President Paul M. Weber views it, that makes the League part owner in the flagging Tribune and League officials are none to happy with the paper's consistent position that San Diego lawmakers should cut back on salaries and benefits for public employees in order to help close gaping budget deficits.

"Since the very public employees they continually criticize are now their owners, we strongly believe that those who currently run the editorial pages should be replaced," Weber wrote in a March 26 letter to Platinum CEO Tom Gores.

Seems pretty plain to me.  And I see no reason why government officials, who always long to avoid criticism, wouldn't use investments of public funds to exercise the same leverage.  By the way, I loved this line:

"It's just these people on the opinion side. There is not even an attempt to be even-handed. They're one step away from saying, "˜these public employees are parasites,' " Weber said.

OK, if they won't say it, I will: "Those public employees are parasites."

GM = Chrysler Redux

I have not blogged much in the last week on the Obama takeover of GM, but you can take all my old Chrysler posts and just substitute "GM" for "Chrysler" and you will have it pretty much straight.   Having gotten away with hammering secured creditors in favor of the UAW at Chrysler, Obama is setting the same course at GM.  Via Q&O:

The United Auto Workers retiree health fund is set to own as much as 39 percent of the restructured GM, in exchange for giving up its claim to at least $10 billion that the company owes it....

The chief obstacle to an out-of-court settlement for GM remains: There has been no agreement between the company and the investors who hold $27 billion worth of GM bonds.

Under orders from the Obama administration, GM has offered to give the bondholders a 10 percent equity stake in the restructured company in exchange for giving up their bonds.

Hmmm...  let's give unsecured creditor the UAW a 10x better deal than the secured creditors.  No wonder Obama wants to keep this out of bankruptcy court -- laws and contracts and stuff actually would have to be applied there.   But the company will be set for the future -- the US and Canadian governments will control a majority of the board seats, with the rest presumably controlled by the UAW.  Does everybody believe me now when I say we are heading toward a European-style corporate state?

The only thing standing in the way, of course, is those pesky secured creditors, who are actually holding out for what they are legally and contractually due.   Obama's got a bit more difficulty here at GM than at Chrysler because a smaller percentage of the secured creditors are TARP recipients, and therefore he has less leverage to make them give up their rights  (at Chrysler, the TARP majority was pressured successfully into selling out their non-TARP brethren among the creditors).

Of course, Obama has the advantage of Chrysler as a precedent, which makes it pretty clear why he set Chrysler up as the first to be intimidated, as he had the most leverage over them with TARP recipients in the creditor group.  Interestingly, this is very similar to how the UAW has always dealt with the Big 3, targeting the most vulnerable for pressure in contract talks, and then using that settlement as a precedent in the rest of industry.  One wonders if the UAW hasn't been whispering in his ear through this whole process.