A Small Silver Lining in the Very Black Torture Cloud

Well, the Senate torture report is out and it is every bit as bad, perhaps worse, than expected.   There are summaries all over but this one seems as good as any.  And here. Essentially the CIA:

  • Tortured and detained more people than they ever admitted
  • Were more brutal than they ever admitted
  • Were more haphazard and incompetent than can be believed (losing suspects, outsourcing torture to a couple of outside psychologists with no interrogation experience or credentials)
  • Achieved far less than they bragged from the torture, with results that now appear to approximate zero
  • Lied about everything to everyone, up to and including Congress and the President

The CIA needs a forced enema of its own, though I am skeptical they will get it.

I will say that there is nothing really particularly surprising here to a libertarian.  This sort of lawlessness often occurs in fairly transparent government agencies (think VA) so it should be no surprise that it occurs in an agency like this that has zero accountability (because it can yell "classified" as the drop of a hat).  An agency empowered to hide stuff and keep secrets is going to hide stuff and keep secrets.  I am not even sure that if we really could turn the CIA upside down that this would be the worst thing we would find.

At the risk of diluting the totally appropriate horror with which this report should be received, I will observe a couple of positives:

  1. Three cheers for partisanship and divided government.  They get a bad rap because gridlock, but without confrontational, competitive, even polarized rivals for power, this sort of thing would never have come out.  You can see pretty clearly from the minority comments that Republicans would have buried this had they controlled the Senate.
  2. One cheer for American exceptionalism.  Yes, the hubris and arrogance that often accompanies American exceptionalism went a long way to contributing to these errors.   But there are not many countries in the world that would publish this report.  Forget for a minute Russia or China or Mali.  Even among western democracies there are not many countries that would voluntarily call for penalty strokes on themselves.  I can't imagine, for example, France ever making such an admission (and not, I think, because the DGSE's hands are particularly clean).

Kevin Drum Inadvertently Undermines His Own Keynesianism

This is a follow-up from a post this morning here.  Kevin Drum is a Keynesian who thinks that the government is committing economic suicide if it does not increase its spending substantially during and after a recession.  Kevin Drum is also a fierce partisan who wants to defend President Obama against his detractors.  Unfortunately, trying to do the two simultaneously has led to what I think may be an embarrassing result for him.

In the chart below, I combine two graphs of his.  The one on the left is a chart from last year in a Mother Jones cover story blasting "austerity" and lamenting how dumb it was to decrease spending in the years after a recession.  The chart on the right is from the other day, when Drum is agreeing with Paul Krugman that the recession recovery under Obama has been much stronger than the one under Bush II.  The result is a juxtaposition that seems to undermine his Keynesian assumptions - specifically, the recession where we had the "austerity" was the one with the better recovery.  The only thing I have done to his charts is removed lines in the left chart for other past recessions and changed the line colors on the two charts to match.   You can click to enlarge:

click to enlarge

The blue line is the Bush II recession, the red line is the Obama recession.  I believe the start dates are consistent in both charts.  All the numbers and choice of start dates and measurement scales are Drum's.  Don't yell at me for something in the chart construction being unfair -- they are his choices.

The conclusion?  Higher government spending seems to inhibit recovery.  Thanks Kevin!

Am I Reading This Right?

This seems to claim to be able to take photos fast enough to capture the movement of light.  Is that really possible?  Reminds me of watching sunrise on Discworld.

Economic Drivers I Had Not Considered Before

Geographic mobility costs are a drag on the economy, because they slow and/or truncate relocation of labor to shifting areas of demand (a good example is the fact that North Dakota currently can't get enough workers because people can't/won't move there to take advantage of the opportunities.

Apparently, there are economists who make the argument that one reason for the post-WWII boom is that the war increased mobility for a variety of reasons, not the least of which was the forced extrication of young men from their homes via the draft.  Apparently Hurricane Katrina may have had the same effect, blasting people out of the moribund New Orleans economy and forcing them to move to more dynamic areas.

This is probably true, but also one of those areas where economic analysis falls short of total well-being analysis (for lack of a better term).  I know folks from New Orleans and they often seem to be deeply tied to the New Orleans culture and miss it when they have moved away.   Many move back.  So just because someone is better off economically with a job in Houston does not necessarily mean they consider themselves better off.

Chart Humor

From here.  Given how often this happens in the media, it almost is not even funny.

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Kevin Drum Undermines His Own Cover Story and Refutes His Own Keynesian Assumptions

Update:  I have posted an update with a side by side chart comparison here.

Last year, Kevin Drum wrote what I believe was the cover story of the September / October issue of Mother Jones (I read the online edition so exactly how the print version is laid out is opaque to me).  That article, entitled "It's the Austerity, Stupid: How We Were Sold an Economy-Killing Lie" features this analysis:

Click to enlarge

 

He described the chart as follows:

 In the end, for reasons both political and ideological, Obama decided that he needed to demonstrate that he took the deficit seriously, and in his 2010 State of the Union address he did just that. "Families across the country are tightening their belts," he said, and the federal government should do the same. To that end, he announced a three-year spending freeze and the formation of a bipartisan committee to address the long-term deficit.

The Beltway establishment may have applauded Obama's pivot to the deficit, but much of the economic community saw it as nothing short of a debacle. Sure, there were still a few economists who believed that even in a deep recession government spending merely crowded out private spending and thus did no good, but they were a distinct minority. Most economists acknowledged that deficit spending was appropriate at a time like this. Paul Krugman fumed that Obama was cravenly trying to score political points by doing a "deficit peacock-strut" that would be destructive in the wake of the financial crisis. Mark Zandi, a centrist economist who has advised leaders of both parties, used more judicious language, but likewise warned that spending cuts might "cost the economy significantly in the longer run."...

Taken as a whole, these measures have cut the deficit by $3.9 trillion over the next 10 years. And that doesn't even count the expiration of desperately needed stimulus measures like the payroll tax holiday and extended unemployment benefits.

This was unprecedented, as the chart above shows. After every other recent recession, government spending has continued rising steadily throughout the recovery, providing a backstop that prevented the economy from sliding backward. It happened under Ronald Reagan after the recession of 1981, under George H.W. Bush after the recession of 1990, and under George W. Bush after the recession of 2001. But this time, even though the 2008 recession was deeper than any of those previous ones, it didn't.

 

I thought the choice of baseline dates for his charts was deceptive, but never-the-less for the moment lets accept this at face value.  Make sure to take a note of the red line, which is the current recession, and the brown line, which was the recovery from the recession in the late Clinton / early Bush years.  By Mr. Drum's earlier analysis, the earlier 1990 recession was better handled than the current one (against his Keynesian assumptions) by the government continuing to increase spending after the recession to keep the recovery going.   The point of Drum's earlier article was to say that Republicans in Congress were sinking the current economy by not increasing spending as was done after these earlier recessions.

So this is what Drum published the other day, I think based on a Paul Krugman article.

But I think Krugman undersells his case. He shows that the current recovery has created more private sector jobs than the 2001-2007 recovery, and that's true. But in fairness to the Bush years, the labor force was smaller back then and Bush was working from a smaller base. So of course fewer jobs were created. What you really want to look at is jobs as a percent of the total labor force. And here's what you get:

blog_private_employment_2001_vs_2010

The Obama recovery isn't just a little bit better than the Bush recovery. It's miles better. But here's the interesting thing. This chart looks only at private sector employment. If you want to make Bush look better, you can look at total employment instead. It's still not a great picture, but it's a little better:

Awesome, Kevin!  So I guess that austerity you were complaining about was the right thing to do, yes?

Seriously, in his article a year ago Drum argued that the Republicans in Congress were sinking the economy vis a vis the 1990 recession by not continuing to boost spending in the years after the recession.  Now, he admits  (though since he does not refer back to the original article I guess it is not an admission per se) that this "austerity" led to a stronger recovery than the spending-fueled 1990 version.  All hail smaller government, the solution to growing employment!

PS-  I wonder how much of this change in private employment since the last recession came in the oil and gas industry, whose expansion the Left generally opposes?  Well, they'll bash on oil tomorrow but today, they will take credit for the jobs added.

Update:  Here are the two charts combined, with other recessions removed and the colors on the data series set to match (click to enlarge)

click to enlarge

Why Reform of Police Accountability is Unlikely

It's as simple as this:  Republicans fetishize the police (like they do the military) and will always give them the benefit of the doubt.  They have this gauzy teary-eyed love of the police.  Just watch Megyn Kelly on Fox to get the idea.  Democrats are allied with public unions and will not under any circumstances take on the powerful police unions who fight any attempt at accountability tooth and nail, a behavior Democrats have become habituated to enabling for other unions like the teachers unions.

The issue is mostly about giving police accountability that matches the special powers over the use of force we give them.  But it is also about racism.  It just burns me up to have folks in power point to the business world constantly for supposed institutional racism, when in fact I witness very little if any day to day.  The one institution I see that clearly has elements of institutional racism are many police forces, but no one will touch them.

Every year there are hundreds of police shootings and the number that are determined not to be justifiable rounds to zero.  What are the odds there is a process involving humans with this small of a Type I error rate?  We are learning form cell phone cameras that the stories we used to believe from police officers about events are often total bullsh*t.  And yet still police are not held accountable even when there is horrific video evidence showing them out of control.

At the drop of a hat, at the smallest hint of a single example of a bad outcome, the government will not hesitate to impose enormous new restrictions on private individuals.  But even with the most overwhelming evidence the government will not put even the lightest restrictions in itself or its employees.

I have always shied away from my fellow libertarians on the anarcho-capitalist end of things who wanted to privatize the police force.  I always thought use of force to be a unique privilege and one dangerous to hand out to private groups.  But I am starting to see that I was thinking about it wrong.  It is a dangerous power to give to anyone, but at least if you give it to a private party someone might possibly exercise a little accountability over them.

Walter Olson has a good roundup of police and lethal force here.

Postscript:  Here is an example of what I mean:  The Obama Administration has imposed significant rules on universities to bring greater accountability to sexual assailants when it was perceived that the universities did not impose enough accountability on such predators.  I think the Administration has gone overboard in stripping away the accused due process protections and handing justice to people who will not manage the process well, but its the seriousness of this effort I want to point out.  While I don't think the Administration's actions were appropriate to colleges, they would represent an entirely appropriate response to police violence.  Someone needs to step in and enforce some accountability.

 

Update on Slippery Cell Phones

In my review of my Droid Turbo, I mentioned in passing that I was frustrated by how slippery a lot of cell phones were.  I was in the Verizon store the other day killing time while they fixed something on my kids' phone, so I tried holding a bunch.

The slipperiest by far were the HTC One M8 and the LG G3.  Both, probably not coincidentally, get high marks for being attractive due to their metal or faux metal backs, but the same backs make them like a wet bar of soap to hold.  You can put a no slip case on them of course, but then if you are going to put them in a case, why buy a phone that is promoted in large part on its looks?

My Droid Turbo is OK, with no slip surface around the edges but a very slick back, at least the nylon back one I have.

The Galaxy S5 is better than average.  Its back gets a lot of grief for being ugly, but it will not slide around in the hand and is comfortable to hold.

Until this week, the no-slip champion for me was the Moto X with the bamboo case (it is real wood veneer, not some plastic fake thing).  It looks good to my eye and it is very grippy in the hand.

But there is a new champion.  I tried the Moto X with the new football leather backing (again, real football leather).  This thing is not going to slide out of your hand (unless maybe if you are Jay Cutler).  The looks are ... different, but I could get used to it.  Phones for me are a convenience item, not a fashion item.  The Moto X's only problems are a small battery and a camera that is a bit weak.  Which is why I bought the Droid Turbo, which is a very similar phone but with a bigger battery.  Just wish they had all the cool Moto Maker options the Moto X has.

Quote of the Day

During the period that  Occupy Wall Street was making the news, I often said that I agreed with many of their problem diagnoses but absolutely disagreed with their proposed solutions.  They, like I, decried the abuse of government power via Cronyism by private parties, e.g. protection and bailout of Wall Street bankers.  Their solution, though, to increase government power never made any sense to me.

Here is Michael Huemer via Don Boudreaux:

Predatory behavior does not occur merely because human beings are selfish.  It occurs because human beings are selfish and some human beings are much more powerful than others.  Powerful, selfish people use their positions to exploit and abuse those much weaker than themselves.  The standard solutions to the problem of human predation all start by cementing the very condition most likely to cause predatory behavior – the concentration of power – and only then do they try to steer away from its natural consequences.  The alternative is to begin with an extreme decentralization of coercive power.

The Non-Crony Pledge

Three cheers for Koch Industries:

“We oppose ALL subsidies, whether existing or proposed, including programs that benefit us, which are principally those that are embedded in our economy, such as mandates,” wrote Philip Ellender, president Koch’s government affairs division, in a Wednesday letter to members of Congress.

Ellender singled out the wind production tax credit as particularly deleterious. But unlike that provision, some of the tax breaks included in the House package benefit activities in which Koch and its subsidiaries are heavily invested.

Koch subsidiary George Pacific, for instance, qualifies for a tax break for the production of cellulosic biofuels. Another subsidiary, Flint Hills Resources, operates biofuel production facilities that could benefit from another of the provisions.

Those tax breaks could improve Koch’s bottom line, but the company sees federal tax preferences in general as economically harmful.

“Koch doesn’t view these as ‘benefits’ even if they are in industries we’re in,” explained a source familiar with the company’s public affairs strategy. “They are wasteful and market distorting, and allow other firms to run businesses that aren’t making money any other way.”

Witnesses Suck

Watching too many TV crime shows will blind you to a stark reality:  Witness testimony sucks.  Look at the linked comparison of witness testimony in the Michael Brown shooting grand jury.  Take any column, like the last one with number of shots fired.  Its a total mess!

When videos emerge of police brutality, police defenders often say that video can lie.  But I would argue that it is a hell of a lot better witness than the average person.  My guess is that police like this kind of variation in witness testimony, because they know that in most, perhaps all, cases, they will be given the benefit of the doubt when the testimony conflicts.

Drone War Legacy

In campaigning for the Presidency, Obama made it clear that he thought that much of the violence and hatred directed at Americans was self-inflicted -- ie our often ham-fisted, aggressive interventionism in the affairs of other countries, frequently backed by military force, was aggravating the world against us.  If we stopped, the violence against us would stop.

I rate this as partially correct and partially naive.  As the richest state in the world, one whose culture pours into other countries to the dismay of many of the local elites, we will always earn the ire of many.  But we certainly have made it worse with our actions.

But this just makes it all the more frustrating to me to see Obama's continued support, even acceleration, of the drone war.  I am not sure there is any other practice that emphasizes our arrogant authoritarian militarism than the drone war.  Americans are not used to a feeling of helplessness, so it is perhaps hard to fully empathize.  But imagine the sense of helplessness to watch American drones circling above your city, drones you can't get rid of or shoot down, drones that lazily circle and then bring death from above almost at random.   I can't think of any similar experience in recent western experience, except perhaps the V2 rocket attacks on London in WWII.

The Obama Administration claims that these are clean, surgical tools without any collateral damage.  They do this by a rhetorical slight of hand, essentially defining anyone who is killed in the attacks ex post facto as being guilty.

As is often the case with government activities, it is worse than we thought:

Via the British group Reprieve comes a report asserting that U.S. drones in Yemen and Pakistan kill 28 "unknowns" for every intended target. What's more, "41 names of men who seemed to have achieved the impossible: to have ‘died,’ in public reporting, not just once, not just twice, but again and again. Reports indicate that each assassination target ‘died’ on average more than three times before their actual death."

So much for the precision of drone strikes, which promise a future of war in which civilians and other forms of collateral damage are spared ruin and destruction. As President Obama said in 2013, by "narrowly targeting our action against those who want to kill us, and not the people they hide among, we are choosing the course of action least likely to result in the loss of innocent life.”

Well, sort of. From the Reprieve report:

As many as 1,147 people may have been killed during attempts to kill 41 men, accounting for a quarter of all possible drone strike casualties in Pakistan and Yemen. In Yemen, strikes against just 17 targets accounted for almost half of all confirmed civilian casualties. Yet evidence suggests that at least four of these 17 men are still alive. Similarly, in Pakistan, 221 people, including 103 children, have been killed in attempt sto kill four men, three of whom are still alive and a fourth of whom died from natural causes. One individual, Fahd al Quso, was reported killed in both Yemen and Pakistan. In four attempts to kill al Quso, 48 people potentially lost their lives.

Where the "Right Not to Be Offended" Will Lead Us

From Reason: (emphasis added)

Actress Veena Malik was sentenced this week to 26 years in prison by a Pakistani court for reenacting her wedding with her husband on a morning TV show. Her husband, Asad Khattak, as well as Mir Shakil-ur-Rahman, the owner of Geo TV, which aired the program, and Shaista Whidi, who hosted it, all received 26 year sentences as well.

The program caused controversy when it first aired several months ago, leading the TV station to run apologies in Pakistani newspapers. The court primarily objected to the use of religious music in the mock wedding. "The malicious acts of the proclaimed offenders ignited the sentiments of all the Muslims of the country and hurt the feelings, which cannot be taken lightly and there is need to strictly curb such tendency," the court ruling said.

I Just Don't Understand the Appeal of Short Street Car Lines in Low-Density Towns

More street car craziness.  I love the phrase "modern street car".  Like an up-to-date stagecoach.

Despite mounting construction costs and uncertainty over federal funds, Tempe is still seeking to be the Valley's first city with a modern streetcar system traveling through its downtown.

...

Valley Metro executives Steve Banta and Wulf Grote reviewed the project with the Tempe City Council this month.

The new alignment has lengthened the route from 2.6 miles to 3 miles and increased costs. The cost range is now $175 million to $200 million depending on the type of vehicle technology used.

First, there is no way it comes in for these numbers, but even accepting the mid-point of their estimates this is $62.5 million a mile or $11,837 per foot.  Of course there is also the operating cost, which will certainly lose money since there is no way people are going to pay much for a maximum 3 mile ride.  My prediction is that they will sell the project promising that there will be a fare that helps cover costs but they will drop the fare quickly once implemented  (because no one will ride this thing unless it is free).  And and don't forget the cost of the loss of an entire lane of roadway each way to the trains.

Just consider how much less 4 buses running in a 3-mile circle would cost, and they would only consume a tiny fraction of the existing road capacity, rather than taking up an entire lane just for themselves.  This is just a huge upper-middle class subsidy, a special favor to rich people who think buses are too low class to ride but are OK being seen on a train.  Madness.

My best guess is that these kinds of projects have become prestige projects for government officials.  This is the way they show off to each other and act as a portfolio for them to seek larger jobs in bigger cities.

Kevin Drum's Sensible Thoughts on Ray Rice: Why Doesn't The Same Logic Apply to Universities?

Kevin Drum has some sensible thoughts on Ray Rice, discipline and the NFL -- "Sensible" defined in this case as largely mirroring my own:

Ray Rice committed a crime. We have a system for dealing with crimes: the criminal justice system. Employers are not good candidates to be extrajudicial arms for punishing criminal offenders, and I would be very, very careful about thinking that they should be.

Now, I'll grant up front that the NFL is a special case. It operates on a far, far more public level than most employers. It's a testosterone-filled institution, and stricter rules are often appropriate in environments like that. Kids take cues from what they see their favorite players doing. TV networks and sponsors understandably demand a higher level of good behavior than they do from most employers.

Nevertheless, do we really want employers—even the NFL—reacting in a panic to transient public outrage by essentially barring someone for life from ever practicing their craft? Should FedEx do that? Should IBM do that? Google? Mother Jones? Perhaps for the most serious offenses they should, and it's certainly common to refuse to hire job candidates with felony records of any kind. (Though I'll note that a good many liberals think this is a misguided and unfair policy.) But for what Ray Rice did?

I just don't know about that. Generally speaking, I think we're better off handling crimes through the criminal justice system, not through the capricious judgments of employers—most of whom don't have unions to worry about and can fire employees at a whim. I might be overreacting, but that seems like it could become a dangerous precedent that hurts a lot more people than it helps.

I agree 100%.  The NFL  was simply insane to venture into the role as a shadow legal system to apply punishments based on their investigation and judgement in parallel with those of the legal system.  They would have been much better off simply establishing a schedule of internal penalties that were based on the outcomes of the legal system.

That being said, I wish other writers on the Left would read Drum's column and ask themselves why this same logic wouldn't apply to colleges as well. It is unbelievable to me that Liberals of all people -- who have largely defended due process rights in the legal system for years against Conservative attempts to trim them -- would suddenly wage a campaign to substitute kangaroo courts run by university administrators in the place of normal police and judicial procedures for crimes as serious as rape.  I am historically skeptical of the legal system and the people in it, but all of these problems would only be worse trying to have a bunch of amateurs at universities setting up a parallel system.

There is certainly a problem to be solved -- though the 1 in 5 statistic is completely bogus and exaggerated -- but the diagnosis of the problem has been all wrong.  The problem is that Universities have historically created internal police forces and disciplinary processes for the express purpose of protecting their students from the normal legal system.  This is a practice and tradition that goes all the way back to the Middle Ages.  And it worked fine, at least as far as I am concerned, when the University was protecting students from marijuana or underage drinking busts by town police.

But institutions develop a culture, and the culture of university disciplinary processes has been to 1.  keep the student out of the legal system and 2.  get the student to graduation.  I have friends who have been kicked out of top universities a few times, but the University in the end bent over backwards to take them back and get them over the finish line.

So it is disappointing, but not surprising, that universities approached more heinous crimes with this same culture and mindset.  And some egregious sexual assaults got swept under the rug.  Again, I think some folks are exaggerating these numbers by assuming there are tens or hundreds of these cases for every one we hear about.  But we can agree on the core fact, I think, that the typical college disciplinary culture of protecting students from the legal system has failed some victims of sexual assault.

But this is where everyone seems to be going off track.  The Obama Administration solution for this problem is to demand that universities develop more robust fact-finding and disciplinary processes for such felonies, and remove procedural protections for the accused as a way to offset the historic university culture to go to far in protecting wrongdoers.

This is nuts.  Seriously.  Given the set of facts, a far simpler solution, fairer to both accused and victims, would have been for the Obama Administration simply to demand that Universities hand over evidence of crimes to police and prosecutors trained to know what to do with it.  If the University wants to take special steps to get victims help coping with their recovery using University resources, or help victims and the accused who are University students cope with the rough edges of the legal process, great.

Postscript:  Another problem is that punishments meted out by universities are going to always be wrong, by definition.  Let's say a student is accused of rape and kicked out.  Two possibilities.  If he is innocent of the charge, then he was punished way too much.  If he was guilty, if he really raped someone, he was punished way too little -- and by the University screwing around with it and messing up the chain of evidence and taking statements without following the correct process, they may have killed any chance of a conviction in the legal system.    The current process the Obama Administration is forcing punishes the innocent and protects the truly guilty.

The Science of Complex Systems -- Economics and Climate

I saw two statements written about economics over the weekend that could easily have been written about climate as well.  These are both complex systems where researchers try to link one output variable (e.g. global average surface temperatures or economic growth) to one input variable (e.g. CO2 or government spending).

Via Cafe Hayek, here is Bob Gelfond discussing Keynesian multiples

When it comes to the “evidence” demonstrating the magic of the Keynesian Multiplier, what we see, in fact, is merely careful curation of statistical flukes on a grand scale over decades. Economist Ryan Murphy, who runs a project called govtmultiplier.com that attempts to catalog scholarly measurements of the Keynesian Multiplier, has categorized and analyzed 128 papers on the subject. Only four papers even attempt to include this kind of statistical test, and none of these validate the original results, meaning simply that none of them prove the Keynesian Multiplier actually leads to more dollar-for-dollar economic growth. And this is after these models are ginned up to make their theory look as good as possible. If attempts to employ macroeconomics purport to be science, they must boldly make predictions about the future, not rummage around for convenient data from the past. But no peddler of the Keynesian Multiplier has been able to make demonstrable predictions borne out by the test of time.

Morgan Housel on economic data, but applies to climate without changing a word.

Ideally we’d have 500 years of unimpeachably perfect data. In reality we have about 50 years of so-so data. If we had the former, we’d learn that so much of what we’ve learned from the latter is wrong and incomplete.

Update:  Here is a third bit from Arnold Kling in the same vein:

Sometimes, I think that there are macroeconomists (Krugman is not the only one) for whom there is no path of economic variables that could ever contradict their point of view. They remind me of the climate scientists who tell us that Buffalo’s Snowvember came from global warming.

Macroeconomics is infinitely confirmable because of its high causal density and lack of controlled experiments. The macroeconomist has enough interpretative degrees of freedom to twist any pattern of economic activity to fit his or her priors.

 

Downside of Living in an Echo Chamber

I am wondering if this performance represents a failure of Obama's staff to perform even the most rudimentary ideological Turing test.  I am sure it has not been discussed on Lefty blogs, but it would take only the briefest perusal of center or Right news sources to guess that this would be the first and most obvious challenging question Obama would get on his Immigration decision.  Is the President's staff simply not used to getting anything but softball questions?  Or are they just incompetent?

Government Supply-Side Health Care Restrictions that Raise Costs

One of the least reported issues related to health care cost inflation is the existence of artificial government restrictions on health care supply, often called "certificates of need".

The COPN [certificate of public need] law is supply-side Obamacare: top-down, command-and-control restrictions on which providers can offer which services. A certificate of public need is, essentially, a government permission slip. Without one, a Virginia doctor can’t put an MRI machine in his clinic. A hospital can’t build a new wing. A hospital company can’t add a satellite campus. And so on.

Getting such permission slips is a long and costly process. The owner of a Northern Virginia radiology practice, for example, spent five years and $175,000 asking permission to buy a new MRI machine. The state said no.

One reason the process takes so long is that competitors often fight such requests. When Bon Secours proposed the St. Francis Medical Center in Chesterfield, rival chain HCA fought it vigorously, arguing there was insufficient demand. The hospital was approved and enjoys a robust business. You’d think state regulators would laugh off competitors’ arguments, but sometimes they’re actually taken seriously. When a Richmond radiology practice wanted to move—not add, but move—a radiation device to its Hanover offices, the state said no in part because Virginia Commonwealth University’s Massey Cancer Center worried the project “could take some of their business.”

This is cronyism and protection of incumbent competitors, pure and simple.  It is often justified by the economically-ignorant as reducing costs because it reduces expenditures on expensive machinery.  But in what industry can you think of does restricting supply ever reduce costs?

In any other industry, the proper response to that would be: So what? If Kroger sets up across the street from Food Lion, we consider that good for consumers: They have more choice. And if they migrate from Food Lion to Kroger, that’s not a bad thing. It means they’re getting more utility for their grocery dollar.

Studies of the COPN system around the country have confirmed what seems intuitively obvious. A joint examination by the Justice Department and the Federal Trade Commission found that COPN regulations hurt competition, fail to contain costs, and “can actually lead to price increases.” Restricting supply raises prices? Imagine that.

Why I Am Against the Death Penalty

Governments can't be trusted to administer life and death.  Simple as that.  Check out these guys.  They had much of their life taken from them -- but not all.

On Income Inequality

Most folks who lament income inequality have the following model in their head:  Wealth comes at a fixed rate from a fountain in the desert, and the rich are the piggy ones who hog all the output of the fountain and won't let anyone else in close to drink.  The more anyone takes from the fountain, the less that is available for everyone else.  And this was probably a pretty good model for considering pre-capitalist societies.  The actual robber barons, before the term was abused to describe successful industrialists of the 19th century, were petty nobles (ie the government of the time) who did absolutely nothing useful except prey on those around them and on those who passed by conducting rudimentary commerce, taking from them by force.  That is not how most people become wealthy today, with the exception of a few beneficiaries of cronyism (e.g. Terry McAuliffe).

These issues are dealt with quite clearly from a surprising source -- this review by an economist of the movie "Elysium".   I don't really get the schtick at the end with the Adam Smith cameo, but the rest is quite good

Postscript:  A while back I was reading the Devil's Candy (terrific book) and thinking about movie-making.  Perhaps it is not surprising that wealthy movie stars think in zero-sum terms.  I suppose much of their success can be thought of as zero-sum.  If I get the part, someone else does not.  If I get an extra point of the gross, that is less for everyone else.  If this movie does well, that probably means less revenue for another movie that came out the same weekend.   Particularly for actors trying to make it or on the rise, movies have a fixed sum of value and they are trying to grab a larger share of that value.

It is interesting that in their own sphere of influence, I never hear about such folks seeking any sort of income redistribution.  Perhaps I have missed it, but I never hear Matt Damon say "hey, take one of my gross points and split it up among all the craft folks on the movie, or share it out with the 20 guys who didn't land my part."

Don't Worry, I am OK

More Thoughts on Immigration -- Why I Think the Tiberius Gracchus Analogy is Particularly Apt

First, congrats to many millions of people who can remain in this country, a status they should have always have had.  We can argue whether anyone who makes his or her way over the border should be able to vote or draw benefits, but there is no doubt in my mind that they should be able to live anywhere they can pay the rent and work anywhere that there is an employer willing to pay them.

I am willing to accept the analysis of folks like Ilya Somin who say that the President's non-enforcement decision on immigration laws is legal.  But I think his concept of "precedent" when he says there are precedents for this sort of thing is way too narrow.  This is an important, dangerous new precedent.

What I think folks are missing who make this argument about precedent is that while many examples exist of the Executive Branch excercising proprietorial discretion, the circumstances are without precedent in both scale and well as in its explicit defiance of legislative intent.  One can argue that Reagan's executive actions vis a vis immigration provide a precedent, for example, but Reagan was essentially following the intent of then-recent Congressional legislation, arguably just fixing flaws with executive orders in the way that legislation was written.  What he did was what Congress wanted.

The reason I think Tiberius Gracchus is a good analog is that Gracchus too took actions that were technically legal.  Tribunes always technically had the legal power to bypass the Senate, but in hundreds of years had never done so.  Despite their technical legality, his actions were seen at the time as extremely aggressive and plowing new Constitutional ground, ground that would soon become a fertile field for authoritarians to enhance their power.

Somin includes the following, which I think is an example of where defenders of the President's process (as different from the outcomes) are missing reality.  He writes:

I would add that the part of the president’s new policy offering work permits to some of those whose deportation is deferred in no way changes the analysis above. The work permits are merely a formalization of the the president’s exercise of prosecutorial discretion here, which indicates that the administration will not attempt to deport these people merely for being present in the United States and attempting to find jobs here. They do not purport to legalize their status, and the policy of nondeportation can be reversed at any time by the president or his successor.

This is one of those statements that are technically true, but totally obtuse at the same time.   Issuing formal get-out-of-jail-free cards to 5 million people is unprecedented.  Think of it this way:  Imagine a Republican President who is opposed to the minimum wage.  The Executive branch is tasked with enforcing that law, so wold the folks defending the President's methods also argue hat the government can issue permits to 5 million businesses allowing them to  ignore labor law?  Or emissions standards?  Or insider trading laws?

People are just being blinded by what they rightly see as a positive goal (helping millions of people) if they fail to see that the President issuing licenses to not be prosecuted for certain crimes is a huge new precedent.  Proprietorial discretion is supposed to be used to avoid patent unfairness in certain cases (e.g. the situation in Colorado with conflicting state and Federal laws on marijuana).  It is not meant to be a veto power for the President over any law on the books.  But I can tell you one thing -- it is going to be seen by future Presidents as just this.  Presidents and parties change, and for those of you swearing this is a totally legal, normal, fully-precedented action, be aware that the next time 5 million wavers are issued, it may well be for a law you DO want enforced.  Then what?

Update:  Libertarians are making the case that the Constitution never gave Congress the power to restrict immigration.  I could not agree more.  However, I fear that will have zero impact on the precedent that will be inferred from all this.  Because what matters is how the political community as a whole interprets a precedent, and I think that this will be interpreted as "the president may issue mass waivers from any law he does not like."  Now, since I dislike a hell of a lot of the laws on the books, perhaps over time I will like this precedent.  But the way things work is that expansive new executive powers seldom work in favor of liberty in the long run, so I am skeptical.

Droid Turbo Review

I am extremely happy with my Droid Turbo phone on Verizon.  A few notes for those thinking about buying a phone:

Why Android over iPhone

  • I have been an iPhone guy through 2 generations of phones, and still love my iPad.  But I am exhausted with iCloud and Apple proprietary calendar and mail.  I don't use those tools, I use Gmail and other Google tools, and I got exhausted constantly farting with setup issues.  Things I had to use IFTTT to do on the iPhone happen automatically on Android.  And don't even get me started on duplicate photos in the iPhone/iCloud world.  Drives me crazy.
  • If on your desktop you live in the Apple world, buy an iPhone.  If you, like me, use Gmail, Google Calendar, Google drive and other such tools, it makes a heck of a lot of sense to switch to Android.  Google drive is woven into the operating system at many points.  And even better than on the desktop, Android is great at working with and recognizing multiple google accounts without signing in and out.  For example, in the photo viewer, you can view all your photos together from all your accounts.
  • The one downside is I don't use Google hangouts and Google+, and those are woven in as well.  I had to replace the text messaging app with something else (I use Chomp) but that is the great thing about Android - things that are fixed in iOS are customizable in Android (it is also the bad part of Android if you don't want to mess with that -- I would never put my wife on Android, for example).
  • As a downside, all the variation in phones and customizations mean that you are not guaranteed to get Android updates when they come out.  It depends on your carrier and phone manufacturer.
  • The ability to load up all my music for free (even FLAC files which they automatically convert online to high quality MP3) and stream it to my phone is way better than Apple's capability.
  • I think that most of the feature and OS leadership in the last 18 months has really be grabbed by Android.  Except for the fingerprint capability on the iPhone, everything in the iPhone 6 and iOS 8 was just catch up with Android.

The Good about the Turbo

  • Honking big battery.  Yes, it makes it a bit heavier and bulkier, but it is way lighter and less bulky than, say, and iPhone with a mophie battery case.  I never even come close to running out, even when I use it travelling as a GPS in the car for several hours.  You don't realize how much your interaction with your phone is influenced by battery life until you don't have to worry about it.  I can even leave the screen on bright all day
  • Wireless charging.  Awesome.  The mini-USB connector sucks vs. the iPhone connector because it is not reversible so it is much harder to insert.  All that goes away with wireless charging.  Love it.
  • Fast charging.  You can use the fast charger to blast a ton of life back into the phone in just 15 minutes.
  • Near stock Android.  I like this over the glossy custom overlays Samsung and Sony and every other company apply.  I did replace the front end with the Google Now front end, which is nearly identical but it has Google now cards on the leftmost screen, which I have come to enjoy.  Fun travelling in particular when it pops up photo sites or destinations near me.  Its news suggestions are tied into my browser history and are pretty spot on.
  • Near stock Android also pays another benefit - you will get Android updates much faster.  All Motorola phones (given Google's ownership) are early on the list of phones that will get Android Lollipop upgrades.

Things that are fine

  • The camera is fine.  Focuses relatively fast, takes decent pictures, but not as good as you might expect from the specs.  But competitive with other phones.
  • The screen is supposed to be a selling point, with its above HD resolution, but almost never can I tell a difference.  At some point, the eye just cannot see more pixel density.  It has some tradeoffs in that the higher pixel density can lead fonts on some websites to be almost unreadable (no one has really programmed for this high of a pixel density yet).  Also, the higher pixel count requires more power, which reduces some of the advantage of the larger battery
  • The screen is AMOLED, like the Samsung Galaxy phones.  It is a love it or hate it thing.  The colors on AMOLED tend to be oversaturated.   Ironically, I can live with that.  I am SUPREMELY fussy about the colors on my TV's and in particular on my movie projection system, but I don't care so much on the phone.  Certainly it makes the desktop bright and attractive

Things that are a negative for many reviewers but don't bother me

  • "Its ugly".  That is the #1 review comment.  Shrug.   I think it is fine.  Sure, the Moto X with the bamboo back is awesome looking.   But I am deeply into functionality here.  The curved back feels nice in the hand.
  • There is only a single speaker.  I have come to understand that millennials are fine listening to music on crappy tinny speakers.  I would never listen to music on laptop speakers, and especially not on a cell phone speaker.  I only use the cell phone speaker for occasional speakerphone calls.  And it is fine for that.

Things that do bother me

  • I wish it had a memory card slot.   I have 64MB which is likely enough, particularly since I have all my music loaded up online with Google play music and I can just stream it most of the time.  But I would feel better with an expansion slot
  • I wish it was water resistant like the Galaxy S5.  Wireless charging makes this even more doable since you can plug up the USB port.
  • I wish it had iPhone's awesome fingerprint scanner
  • Why do they have to design $800 electronic devices that break when dropped to be so slippery?  The edges are finished in some kind of rubbery stuff that is very grippy.  I wish they had done the back in the same stuff.  That fake nylon webbing stuff on mine is slick, though not wet-bar-of-soap slick like, say, the HTC One M8.

Environmentalists Break the Establishment Clause

Skeptics like myself often see parallels between environmentalism (as practiced by many people) and religion.  Now, they are going one step further to actually establish a state church:

Maryland Gov. Martin O’Malley made national news last year when he fought to pass and signed a tax bill that levied a tax on Marylanders, businesses and churches for the amount of “impervious surface” they have on their property.

Though the O’Malley administration calls it a “fee,” it is commonly called the “rain tax” throughout the state. It is wildly unpopular and the promise to fight to repeal the tax was a large factor in Maryland electing Republican Larry Hogan governor this month.

Now Prince George’s County is offering a way for churches to avoid paying the tax, which is estimated to be an average of $744 per year for them — preach “green” to their parishioners.

So far 30 pastors have agreed to begin “‘green’ ministries to maintain the improvements at their churches, and to preach environmentally focused sermons to educate their congregations” to avoid being hit with the tax, The Washington Post reports.

Thinking of the Gracchi Brothers Today

It is with mixed emotions that I greet this day.  Frequent readers will know that I long for a system of much more open immigration.  I don't think that the US Government should be limiting who can and cannot seek work or live within the US borders (setting rules for citizenship and receipt of benefits are different matters).  So I would like to see many long-time immigrants legalized today (and in fact I likely have friends and acquaintances who will benefit, though it's always been a bit awkward to ask them about immigration status).

However, I would MUCH rather see a rational process implemented than these once a decade amnesties we seem to go in for instead.

I also worry that Obama is taking these actions for all the wrong reasons, seeking to add 5 million Democratic voters rather than trying to help 5 million people who are seeking prosperity.  The reason I suspect this is that he is also seeking higher minimum wages that will likely make it harder for these folks to find work, likely something he has promised to his union allies so they won't freak out.  I have always said that Republicans want immigrants to work but not vote and Democrats want immigrants to vote but not work.

But I am much more worried about the un-Constitutional process that is going to be followed.  Of course, this is not the only Executive power grab over the last two presidencies, but it is a big one and one of the first where the President has admitted he doesn't have the power but is going to do it anyway.

Around 133BC, Tiberius Gracchus was ticked off that the Roman Republic would not consider necessary land reform.  I am going to oversimplify here, but in their conquests the Romans had grabbed a lot of new territory and by law that land was supposed to be parceled in small sections to lots of individual land holders.  Instead, powerful men (many of whom were in the Senate) grabbed the lion's share of this land for themselves in huge estates.   Gracchus rightly saw this as unfair and a violation of law, but it was also a threat to the security of the nation, as independent landowners who bought their own weapons were the backbone of the Roman army.  The shift of agriculture to huge estates staffed with slaves was not only forcing a shift in the makeup of the army (one which would by the way contribute to the rise of despotic generals like Sulla and Caeser), but also was creating social problems by throwing mobs of unlanded poor on the cities, particularly Rome.

Anyway, the short version is that Tiberius Gracchus had good reason to think these reforms were important.  But traditionally they would have to be considered by the Senate first, and he was too impatient to wait that process out, and besides (probably rightly) feared the Senate would find a way to kill them.   He was so passionate about them that he violated the (unwritten) Roman Constitution by ignoring the Senate and setting new precedents for using his position as Tribune to pass the new laws.  It was absolutely the prototype for a well-intentioned bypassing of the Constitution.  I won't go into detail, but Tiberius was killed at the behest of some Senators, but his brother picked up his mantle 10 years later and did some similar things.  Which is why we talk of the Gracchi brothers.

In the near term, the results were some partial successes with land reform.  However, in the long-term, their actions really got the ball rolling on what is called the Roman Revolution.  A hundred years later, the Republic would be gone, replaced with a dictatorship.  Step by step, the precedents often set initially with only the best intentions, were snatched up and used by demagogues to cement their own power.  In later years, what gave emperors their authority was a package of powers granted to them.  One of the most important was "tribunition" power.  In essence, the tribunition power included many of the powers first exercised aggresively by the Gracchi brothers.  More than just starting the ball rolling on the Revolution, they pioneered the use of powers that were to be the core of future emperors' authority.