Category Archives: regulation

Economies, Culture, Regulation

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Greg Ip had a piece in Thursday’s Wall Street Journal touting the strength of our economy, especially in comparison with the European Union’s continental economy. Among other points, he had this regarding the difference between our economy and the EU’s, and this is what I want to focus on in this post.

More important is the role of technology. No EU company worth more than 100 billion euros, equivalent to $108 billion, “has been set up from scratch in the last 50 years,” while all six US companies worth more than $1.08 trillion were created in this period, Draghi said. America’s companies are also faster to adopt technology such as artificial intelligence, which explains much higher productivity in professional services, finance, insurance, and information technology services.

Ip missed, though, that that difference is from a combination of things that are not economic, but things that make an economy more or less capable, that make rapid technological advances possible. Those things are culture and the regulatory environment that puts bounds on what economic players are allowed or required to do.

Our economy has, until relatively recently, players much more willing to run risks and accept mistakes and failures on the way to grand success. That risk-taking runs the gamut from guys like Elon Musk (an outlier, to be sure, but he’s not that far extreme, except in the venues in which he’s chosen to operate) to heads of families striking out, many even before they have families to head, to start their own businesses, risking everything they have just to get started.

The EU has no one willing to run the risks an Elon Musk does. Even the Fiat acquisition of Chrysler was achieved less by a risk-taking entrepreneur leading Fiat than it was an acquisition supported, indirectly, by the US government and EU regulations, since the combined company would be governed by EU rules. Neither do EU individual families start new businesses at anything close to the rate American families do: they’re much more used to government presence in their lives and to reliance on government for their business success.

The EU’s regulatory environment is much more restrictive than ours, as well, for all the recent explosion of regulations governing our business behavior.  EU’s more socialist-in-effect governance that tends to cap performance so the laggards—for whatever reason they lag, good or ill—can keep up. EU regulations are especially restrictive regarding areas that our nation would consider competition and the outcomes of competition.

Gains from a willingness, or government limits on willingness, to run risks aren’t as available to EU economic actors the way they are here.

Teachers Union Against Minority Child Education

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That’s the outcome of Nebraska teachers union opposition to Nebraska’s scholarship program to support families with children wanting to attend private schools, a program administered by Opportunity Scholarships of Nebraska.

The union, through the Save Our Schools organization that the union backs got onto next week’s general election ballot a referendum aimed at repealing that scholarship program.

Currently, some 1,500 children benefit academically and their parents benefit financially from those scholarships. Of those families,

half…have household income below 213% of the federal poverty level, the measure used to determine eligibility for the Children’s Health Insurance Program. Some 40% are nonwhite and 11.5% have special needs.

(For 2023, the Federal Poverty Guideline for a family of four was $30,000. 213% of that works out to a skosh under $64,000.)

But the teachers union says to Hell with those minority children and those special needs children. Their union-controlled public schools are the only schools acceptable. It doesn’t matter that those public schools are broad failures.

Fundamentally Transform America

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That’s what ex-President Barack Obama (D) bragged was about to occur shortly before his 2008 election victory. He got a major step of that transformation when he nationalized roughly one-sixth of our economy with his nationalization of our health care coverage industry with his Obamacare.

Now the Progressive-Democratic Party is on the verge of finishing the transformation as they sit on the knife’s edge of a sweeping election victory next week. The Wall Street Journal‘s editorial headline lays it out:

[Progressive-Democrat Vice President and Party Presidential candidate Kamala] Harris has already endorsed President Biden’s plan to impose “ethics” rules on the Justices that would invite political harassment and compromise judicial independence. Now she won’t disavow packing the Court. She has called for Democrats, if they keep the Senate in November, to bypass the 60-vote filibuster rule, letting them enact such bills without even a modicum of compromise.

Those would be the final two straws in the destruction of our federated republican democracy form of government. It would be the institution of one-party rule, with the minority party not even a loyal opposition but merely irrelevant, and the conversion of our Supreme Court and of our Federal judiciary in general from its current status as an independent, coequal check on the power of the central government into a rubber stamp of Party decisions.

The WSJ editors aren’t given to hyperbole, and they’re not being hyperbolic in their closing paragraph.

Democrats are serious. They say Mr Trump is a threat to democracy and US institutions, while they’re pledging to restructure the judiciary wholesale. Do they notice the cognitive dissonance? Apparently not. But voters might.

That’s what’s at stake next week.

Government Investment Nanny

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The Federal government regulates who it will permit to invest in private investments—startups, pre-IPO opportunities, loans to private companies, and the like. These are highly risky investments, and they have high payoff possibilities, even if those possibilities are low. The Feds limit those who it permits into these private opportunities to folks with $1 million in net assets, not including their primary home residence, or at least $200,000 in yearly income, or $300,000 for a joint household.

Now there’s a move afoot to add a government-regulated glorified intelligence test as an alternative path for investors to make these investments.

A group of lawmakers has proposed legislation that would allow any investor capable of passing an exam to buy private securities—an array of investments like shares in pre-IPO startups or loans to private companies that are considered riskier because they have looser disclosure rules than public securities and can be harder, and sometimes impossible, to sell in a pinch.

Passing an exam as a prerequisite to being allowed to invest in a class of securities—passing an exam as a prerequisite to being allowed to vote in an election. That Jim Crow era requirement has long since been done away with. Except now Congressmen want to revive the practice for investing.

Private securities—meaning outside the scope of government regulation. This is something far too many politicians can’t stand; it limits their power to dictate to us; it limits their power, period.

The idea is that the ability to make these high-risk, high-reward bets should be open to all sophisticated investors, not just those with the biggest bank accounts.

Of course the definition of who’s sufficiently sophisticated, the definition of “sophisticated” itself is carefully left to government personages.

Patrick Woodall, Americans for Financial Reform‘s Managing Director for Policy (AFR is vehemently pushing for even more government regulation of our financial decisions):

Knowledge cannot protect people from the potential losses if they invest in risky, opaque, and illiquid, private offerings[.]

Neither can government. Nor should government try. The decision to run those risks are ours alone.

This is nanny-state-ism intruding into us private citizens’ own affairs far beyond regulation of public company-related investments. Companies are private rather than publicly owned explicitly to get out from under the government’s thumb, and citizens invest here—or would if we could—explicitly to stay out from under the government’s thumb—especially when that thumb operates, according to government, for our own good.

No.

We average Americans do not need government protections from ourselves. We are fully capable of making our own decisions, and we are fully capable of handling, and fully and responsible for, the outcomes of our decisions. We are not wards of the state, much as one of our major political parties is bent on reducing us to that condition.

Who’s in Charge in Arizona?

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Arizona citizens will be voting this fall on a ballot measure that would

require legislative approval for any regulation that the state Office of Economic Opportunity projects would impose costs of $500,000 or more over a five-year period. Lawmakers or anyone subject to the proposed rule could request a cost estimate. If lawmakers failed to ratify the rule before the end of the legislative session, the promulgating state agency would have to issue a notice of termination.

That seems entirely reasonable, restricting as it does unelected bureaucrats in unelected “independent” State agencies from acting on their own recognizance to limit citizen activities.

However.

Republicans hold a majority in the Arizona House and Senate and this year passed a bill to require legislative approval for costly regulations. Democratic Governor Katie Hobbs vetoed it, claiming such a check “would create an unnecessary burden on state agencies that would inhibit their ability to carry out duties in a timely manner.”

And

Two Arizona Sierra Club chapters betray what opponents fear when they claim Prop. 315 “undermines the autonomy of state agencies.”

The Sierra Club chapters’ managers have said the quiet part out loud.

This is the Progressive-Democrat and her Leftist…supporters…insisting that the citizenry exist to give government agencies something to do; those agencies aren’t at all beholden to the State’s citizens or their elected representatives.

As the WSJ editors put it in the link above, The issue is who decides—elected officials, or unelected regulators? Or perhaps those regulators favored by Progressive-Democrat politicians?
The Know Betters in Arizona’s governor’s office have answered that plainly. The citizens of Arizona need to apply their answer in a couple of weeks, loudly and clearly.